36C24626Q0283_1.docx
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- 6830--Bulk Oxygen and Tank Rental
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- 36C24626Q0283
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| 36C24626Q0283 Medical Bulk Liquid Oxygen USP - 051426.pdf |
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36C24626Q0283
| FAR Number |
| Title |
| Date |
| 852.201-70 |
| CONTRACTING OFFICER'S REPRESENTATIVE |
| DEC 2022 |
| 52.204-7 |
| SYSTEM FOR AWARD MANAGEMENT—REGISTRATION (DEVIATION) |
| NOV 2025 |
| 52.225-2 |
| BUY AMERICAN CERTIFICATE |
| OCT 2022 |
| 52.225-6 |
| TRADE AGREEMENTS CERTIFICATE |
| FEB 2021 |
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
36C24626Q0283 05-14-2026 Ronnie Gregory 757-728-7188 05-21-2026
11AM
EDT
Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton
VA
23667 X X 325120 1200 Employees N/A X Department of Veterans Affairs Central Virginia VA Healthcare Center 1201 Broad Rock Blvd Richmond
VA
23249 Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton
VA
23667
Department of Veterans Affairs Financial Services Center
PO BOX 149971
Austin
TX
78714-9971 512-460-5049 512-460-5221 X See CONTINUATION Page The contractor shall provide Medical Liquid Bulk Oxygen with Tank rental outlined in the Statement of Work and RFQ.
This procurement is being procured in accordance with RFO 12 Acquisition of Commercial Products and Commercial Services.
"Please refer to the Instructions to Quoters section for guidance on submitting a proper quote, and to the Evaluation of Commercial Items section for details on how quotes will be evaluated.
Solicitation Notice Of VA's Tiered Evaluations Sequence Including Large Business Concerns.
Service Disable Veteran Owned Small Business (SDVOSB) Veteran Owned Small Business (VOSB), 8(a) / HUBZone, Woman-Owned Small Business (WOSB) Economically Disadvantaged Woman-Owned Small Business (EDWOSB), Other than Small Business (Large Business) See CONTINUATION Page X Audrey Wooten Contracting Officer Table of Contents
| SECTION A | 2 |
| A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES | 2 |
| SECTION B - CONTINUATION OF SF 1449 BLOCKS | 5 |
| B.1 CONTRACT ADMINISTRATION DATA | 5 |
| STATEMENT OF WORK (SOW) | 6 |
| B.2 PRICE/COST SCHEDULE | 9 |
| ITEM INFORMATION | 9 |
| B.3 DELIVERY SCHEDULE | 19 |
| SECTION C - CONTRACT CLAUSES | 25 |
| C.1 52.216-19 ORDER LIMITATIONS (OCT 1995) | 25 |
| C.2 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989) | 25 |
| C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) | 26 |
| C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) | 26 |
| C.5 52.216-18 ORDERING (AUG 2020) | 26 |
| C.6 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025) (DEVIATION) | 27 |
| C.7 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018) | 36 |
| C.8 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION) | 37 |
| C.9 VAAR 852.219-74 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION) | 40 |
| C.10 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (JAN 2023) (DEVIATION) | 42 |
| C.11 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 45 |
| C.12 VAAR 852.204-72 PERSONNEL VETTING AND CREDENTIALING (MAR 2026) (DEVIATION) | 46 |
| C.13 52.216-22 INDEFINITE QUANTITY (NOV 2025) (DEVIATION) | 50 |
| C.14 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) | 51 |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 52 |
| SECTION E - SOLICITATION PROVISIONS | 53 |
| 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023) | 53 |
| E.1 INSTRUCTIONS TO OFFERORS | 53 |
| E.2 BASIS OF AWARD | 55 |
| E.1 52.216-1 TYPE OF CONTRACT (APR 1984) (DEVIATION) | 57 |
| E.2 52.233-2 SERVICE OF PROTEST (SEP 2006) | 57 |
| E.3 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND CERTIFICATIONS (NOV 2025) (DEVIATION) | 57 |
| E.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 62 |
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: Contracting Officer 36C246 Audrey Wooten
Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667
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.
VA Financial Service Center (FSC) Electronic Invoice Presentment and Payment System https://www.fsc.va.gov/einvoice.asp ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
| AMENDMENT NO |
| DATE |
STATEMENT OF WORK (SOW)
1. Background.
The Central Virginia VA Health Care System, Richmond VA Medical Center (VAMC) located at 1201 Broad Rock Boulevard Building 500, Richmond VA 23249, requires tank rental, delivery, and remote telemetry of bulk medical grade oxygen. The contractor shall provide the rental of bulk oxygen tanks, delivery, license provisions, as well as maintenance and support services to ensure continuous and reliable operation of the oxygen supply system.
2. Scope.
2.1. The purpose of this solicitation is to establish a Medical Liquid Bulk Oxygen contract to be utilized at the Richmond VA Medical Center. The gases to be purchased include compressed Medical Oxygen, rental of bulk medical gas tank and rental of bulk medical reserve tank.
2.2. The contract items will be ordered by a Delivery Order issued by the Contracting Officer
2.3. A Contracting Officers Representative (COR) is responsible for local contract administration issues such as ordering and providing specific delivery instructions. A letter of appointment that outlines the COR’s specific responsibilities will be provided to the contractor and COR at the time of contract award. Within 15 days after contract award, the contractor shall contact the COR to finalize the specific details of and delivery
3. 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. If applicable, the editions in effect as of the date of this solicitation are listed. Contractor is responsible for remaining compliant with any future revisions that are effective at the time of contract performance.
3.3. United States Pharmacopeia and the National Formulary.
3.4. All medical gas manufacturers and fillers of medical gases shall be registered with the FDA.
3.5. FDA’s Current Good Manufacturing Practice (CGMP) regulations and Title 21, Code of Federal Regulations, Parts 210, 211, and 201 for labeling, manufactured, processed, transported, and stored.
3.6. Compressed Gas Association (CGA) Publications G-7 – Compressed Air for Human Respiration, current edition and ANSI/CGA G-7.1 – Commodity Specification for Air, current edition.
3.7. Tank system 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 current DOT regulations (Title 49-Trasportaion, Code of Federal Regulations). Filling, packaging, labeling etc., for medical gases shall also comply with the Federal Food, Drug, and Cosmetic Act.
3.8. Marking. In addition to marking required by the aforementioned laws and regulations, marking shall comply with CGA Publication C-7 – Guide to Preparation of Precautionary Labeling and Marking of Compressed Gas Containers, current edition.
4. Delivery Requirements.
4.1. The contractor shall complete all work and make all deliveries during normal working hours. Deliveries shall be made during normal business hours. Normal working hours are Monday through Friday from 8:00am to 4:00pm, excluding the following federal holidays New Year’s Day, Martin Luther King Jr’s Birthday, George Washington’s Birthday, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, Christmas Day.
4.2. The contractor shall check in and out with the Contracting Officers Representative (COR), the Point of Contact, or Engineering Foreman upon arrival and departure.
4.3. The delivery time is specified in the schedule for each facility. The number of days specified shall be the number of calendar days after receipt of order. The schedule lists delivery instructions that are unique to each facility. FOB point is destination. All transportation charges for cylinders should be included in the price of the gas. Additional charges such as delivery fees, hazardous materials fees, fuel surcharges, etc. shall NOT be billed to or collected from the facilities for orders received under this contract.
4.4. Material Safety Data Sheets shall be provided to the facility COR upon request at no additional charge.
5. Delivery Bulk Tank System.
5.1. Filling of the tank system is done on a weekly basis based on the tank telemetry reading.
5.2. Estimated Deliveries:
The estimated bulk tank usage is:
a. Weekly delivery – 14,343 SCF (approximate)
b. Yearly Delivery – 688,445 SCF (approximate)
c. 5 Year Delivery – 3,442,225 SCF (approximate)
d. SCF = Standard Cubic Foot gas measured at 1 atmosphere and 70-degree Fahrenheit.
The estimated reserve tank usage is:
a. Weely delivery – 102.72 SCF (approximate)
b. Yearly delivery – 1448.69 SCF (approximate)
c. 5 Year Delivery – 7243.41 SCF (approximate)
d. SCF = Standard Cubic Foot gas measured at 1 atmosphere and 70-degree Fahrenheit.
6. Measurement and Conversion Computation, Atmospheric Gases and Hydrogen. Density data and volume measurement equivalents printed in CGA Publication P-6 – Standard Density Data, Atmospheric Gases and Hydrogen, current edition shall be used when necessary to convert measurement of these gases from one form to another: for example, from standard cubic feet to gallons. Telemetry measurement is used to accurately measure and ensure the tank does not become empty.
7. Requirements for performance (Licensing, Authorization, and Selling Permissions)
1. If the Contractor is the manufacturer of the medical gases it places into the medical gas cylinders being supplied under this contract, it shall provide verification on an annual basis, that it holds current licensing, permits, certifications, or registrations required by the FDA and the states in which this contract is performed.
2. If the Contractor is not the manufacturer of the medical gases that are placed into medical gas cylinders being supplied under this contract, the Contractor must provide evidence of the medical gas manufacturer’s current licenses, permits, certifications, or registrations required by the FDA in the states in which this contract is performed, as well as an executed copy of the resellers agreement within ten (10) calendar days of contract award affirmatively demonstrating that the Contractor has authorization by the manufacturer to resell the medical gas and to rent the medical gas cylinders that the Contractor is providing under this contract. In addition, the Contractor shall provide annual updates to any agreements it has with the medical gas manufacturer and medical gas cylinder provider affirmatively demonstrating that the Contractor has authorization by the manufacturer to resell the medical gas and to rent the medical gas cylinders that the Contractor is providing under this contract. In the event of a change in the manufacturer, the Contractor shall provide a minimum of 30 days advance notification, or at the time it is known, to VA of the change in manufacturer, and shall provide evidence of the new medical gas manufacturer’s current licenses, permits, certifications, or registrations required by the FDA and the states in which this contract is performed. The Contractor shall also provide a copy of its signed agreement with the new manufacturer demonstrating that the Contractor has authorization by the manufacturer to resell the medical gases and to rent the medical gas cylinders that the Contractor intends to provide under this contract.
3. Throughout the term of this contract, Contractor shall maintain all federal, state, and local licenses applicable to the Contractor, as well as any required FDA certifications. Contractor must also provide, annually, verification that the manufacturer from which it obtains the medical gases placed into the medical gas cylinders provided to VA under this contract holds current licensing, permits, certifications, or registrations required by the FDA and the states in which this contract is performed.
B.2 PRICE/COST SCHEDULE
ITEM INFORMATION
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 80,000.00 |
| CCF |
| __________________ |
| __________________ |
Oxygen USP Bulk Contract Period: Base POP Begin: 06-01-2026 POP End: 05-31-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6830 - Gases: Compressed and Liquefied MANUFACTURER PART NUMBER (MPN): None NATIONAL STOCK NUMBER: None LOCAL STOCK NUMBER: None
| 12.00 |
| MO |
| __________________ |
| __________________ |
One (1) Medical Bulk Tank Rental, Oxygen, 6000 Gallon
POP Begin: 06-01-2026 POP End: 05-31-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6830 - Gases: Compressed and Liquefied MANUFACTURER PART NUMBER (MPN): None
| 12.00 |
| MO |
| __________________ |
| __________________ |
One (1) Medical Bulk Tank Rental, Oxygen, Reserve 500 Gallon
POP Begin: 06-01-2026 POP End: 05-31-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6830 - Gases: Compressed and Liquefied MANUFACTURER PART NUMBER (MPN): None
| 12.00 |
| MO |
| __________________ |
| __________________ |
Remote Tank Telemetry Monthly Fee
POP Begin: 06-01-2026 POP End: 05-31-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6830 - Gases: Compressed and Liquefied MANUFACTURER PART NUMBER (MPN): None
| 52.00 |
| EA |
| __________________ |
| __________________ |
Bulk Delivery Fee
POP Begin: 06-01-2026 POP End: 05-31-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6830 - Gases: Compressed and Liquefied MANUFACTURER PART NUMBER (MPN): None
| 1.00 |
| JB |
| __________________ |
| __________________ |
Rental Medical Bulk Tank Installation, Oxygen
POP Begin: 06-01-2026 POP End: 05-31-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6830 - Gases: Compressed and Liquefied MANUFACTURER PART NUMBER (MPN): None
| 1.00 |
| JB |
| __________________ |
| __________________ |
Emergency Delivery
POP Begin: 06-01-2026 POP End: 05-31-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6830 - Gases: Compressed and Liquefied MANUFACTURER PART NUMBER (MPN): None
| 80,000.00 |
| CCF |
| __________________ |
| __________________ |
Oxygen USP Bulk Contract Period: Option 1 POP Begin: 06-01-2027 POP End: 05-31-2028 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6830 - Gases: Compressed and Liquefied MANUFACTURER PART NUMBER (MPN): None
| 12.00 |
| MO |
| __________________ |
| __________________ |
One (1) Medical Bulk Tank Rental, Oxygen, 6000 Gallon
POP Begin: 06-01-2027 POP End: 05-31-2028 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6830 - Gases: Compressed and Liquefied MANUFACTURER PART NUMBER (MPN): None
| 12.00 |
| MO |
| __________________ |
| __________________ |
One (1) Medical Bulk Tank Rental, Oxygen, Reserve 500 Gallon
POP Begin: 06-01-2027 POP End: 05-31-2028 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6830 - Gases: Compressed and Liquefied MANUFACTURER PART NUMBER (MPN): None
| 12.00 |
| MO |
| __________________ |
| __________________ |
Remote Tank Telemetry Monthly Fee
POP Begin: 06-01-2027 POP End: 05-31-2028 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6830 - Gases: Compressed and Liquefied MANUFACTURER PART NUMBER (MPN): None
| 52.00 |
| EA |
| __________________ |
| __________________ |
Bulk Delivery Fee
POP Begin: 06-01-2027 POP End: 05-31-2028 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6830 - Gases: Compressed and Liquefied MANUFACTURER PART NUMBER (MPN): None
| 1.00 |
| JB |
| __________________ |
| __________________ |
Emergency Delivery
POP Begin: 06-01-2027 POP End: 05-31-2028 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6830 - Gases: Compressed and Liquefied MANUFACTURER PART NUMBER (MPN): None
| 80,000.00 |
| CCF |
| __________________ |
| __________________ |
Oxygen USP Bulk Contract Period: Option 2 POP Begin: 06-01-2028 POP End: 05-31-2029 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6830 - Gases: Compressed and Liquefied MANUFACTURER PART NUMBER (MPN): None
| 12.00 |
| MO |
| __________________ |
| __________________ |
One (1) Medical Bulk Tank Rental, Oxygen, 6000 Gallon
POP Begin: 06-01-2028 POP End: 05-31-2029 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6830 - Gases: Compressed and Liquefied MANUFACTURER PART NUMBER (MPN): None
| 12.00 |
| MO |
| __________________ |
| __________________ |
One (1) Medical Bulk Tank Rental, Oxygen, Reserve 500 Gallon
POP Begin: 06-01-2028 POP End: 05-31-2029 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6830 - Gases: Compressed and Liquefied MANUFACTURER PART NUMBER (MPN): None
| 12.00 |
| MO |
| __________________ |
| __________________ |
Remote Tank Telemetry Monthly Fee
POP Begin: 06-01-2028 POP End: 05-31-2029 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6830 - Gases: Compressed and Liquefied MANUFACTURER PART NUMBER (MPN): None
| 52.00 |
| EA |
| __________________ |
| __________________ |
Bulk Delivery Fee
POP Begin: 06-01-2028 POP End: 05-31-2029 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6830 - Gases: Compressed and Liquefied MANUFACTURER PART NUMBER (MPN): None
| 1.00 |
| JB |
| __________________ |
| __________________ |
Emergency Delivery
POP Begin: 06-01-2028 POP End: 05-31-2029 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6830 - Gases: Compressed and Liquefied MANUFACTURER PART NUMBER (MPN): None
| 80,000.00 |
| CCF |
| __________________ |
| __________________ |
Oxygen USP Bulk Contract Period: Option 3 POP Begin: 06-01-2029 POP End: 05-31-2030 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6830 - Gases: Compressed and Liquefied MANUFACTURER PART NUMBER (MPN): None
| 12.00 |
| MO |
| __________________ |
| __________________ |
One (1) Medical Bulk Tank Rental, Oxygen, 6000 Gallon
POP Begin: 06-01-2029 POP End: 05-31-2030 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6830 - Gases: Compressed and Liquefied MANUFACTURER PART NUMBER (MPN): None
| 12.00 |
| MO |
| __________________ |
| __________________ |
One (1) Medical Bulk Tank Rental, Oxygen, Reserve 500 Gallon
POP Begin: 06-01-2029 POP End: 05-31-2030 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6830 - Gases: Compressed and Liquefied MANUFACTURER PART NUMBER (MPN): None
| 12.00 |
| MO |
| __________________ |
| __________________ |
Remote Tank Telemetry Monthly Fee
POP Begin: 06-01-2029 POP End: 05-31-2030 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6830 - Gases: Compressed and Liquefied MANUFACTURER PART NUMBER (MPN): None
| 52.00 |
| EA |
| __________________ |
| __________________ |
Bulk Delivery Fee
POP Begin: 06-01-2029 POP End: 05-31-2030 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6830 - Gases: Compressed and Liquefied MANUFACTURER PART NUMBER (MPN): None
| 1.00 |
| JB |
| __________________ |
| __________________ |
Emergency Delivery
POP Begin: 06-01-2029 POP End: 05-31-2030 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6830 - Gases: Compressed and Liquefied MANUFACTURER PART NUMBER (MPN): None
| 80,000.00 |
| CCF |
| __________________ |
| __________________ |
Oxygen USP Bulk Contract Period: Option 4 POP Begin: 06-01-2030 POP End: 05-31-2031 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6830 - Gases: Compressed and Liquefied MANUFACTURER PART NUMBER (MPN): None
| 12.00 |
| MO |
| __________________ |
| __________________ |
One (1) Medical Bulk Tank Rental, Oxygen, 6000 Gallon
POP Begin: 06-01-2030 POP End: 05-31-2031 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6830 - Gases: Compressed and Liquefied MANUFACTURER PART NUMBER (MPN): None
| 12.00 |
| MO |
| __________________ |
| __________________ |
One (1) Medical Bulk Tank Rental, Oxygen, Reserve 500 Gallon
POP Begin: 06-01-2030 POP End: 05-31-2031 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6830 - Gases: Compressed and Liquefied MANUFACTURER PART NUMBER (MPN): None
| 12.00 |
| MO |
| __________________ |
| __________________ |
Remote Tank Telemetry Monthly Fee
POP Begin: 06-01-2030 POP End: 05-31-2031 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6830 - Gases: Compressed and Liquefied MANUFACTURER PART NUMBER (MPN): None
| 52.00 |
| EA |
| __________________ |
| __________________ |
Bulk Delivery Fee
POP Begin: 06-01-2030 POP End: 05-31-2031 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6830 - Gases: Compressed and Liquefied MANUFACTURER PART NUMBER (MPN): None
| 1.00 |
| JB |
| __________________ |
| __________________ |
Rental Medical Bulk Tank Removal, Oxygen
POP Begin: 06-01-2030 POP End: 05-31-2031 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6830 - Gases: Compressed and Liquefied MANUFACTURER PART NUMBER (MPN): None
| 1.00 |
| JB |
| __________________ |
| __________________ |
Emergency Delivery
POP Begin: 06-01-2030 POP End: 05-31-2031 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6830 - Gases: Compressed and Liquefied MANUFACTURER PART NUMBER (MPN): None
| GRAND TOTAL |
| __________________ |
B.3 DELIVERY SCHEDULE
| ITEM NUMBER |
| SHIPPING INFORMATION |
| QUANTITY |
| DELIVERY DATE |
| 0001 |
| SHIP TO: |
| Central Virginia VA Health Care System |
1201 Broad Rock Blvd Richmond, VA 23249
USA
| 80,000.00 |
| 05-31-2027 |
| FOB: |
| DESTINATION |
| 0002 |
| SHIP TO: |
| Central Virginia VA Health Care System |
1201 Broad Rock Blvd Richmond, VA 23249
USA
| 12.00 |
| 05-31-2027 |
| FOB: |
| DESTINATION |
| 0003 |
| SHIP TO: |
| Central Virginia VA Health Care System |
1201 Broad Rock Blvd Richmond, VA 23249
USA
| 12.00 |
| 05-31-2027 |
| FOB: |
| DESTINATION |
| 0004 |
| SHIP TO: |
| Central Virginia VA Health Care System |
1201 Broad Rock Blvd Richmond, VA 23249
USA
| 12.00 |
| 05-31-2027 |
| FOB: |
| DESTINATION |
| 0005 |
| SHIP TO: |
| Central Virginia VA Health Care System |
1201 Broad Rock Blvd Richmond, VA 23249
USA
| 52.00 |
| 05-31-2027 |
| FOB: |
| DESTINATION |
| 0006 |
| SHIP TO: |
| Central Virginia VA Health Care System |
1201 Broad Rock Blvd Richmond, VA 23249
USA
| 1.00 |
| 05-31-2027 |
| FOB: |
| DESTINATION |
| 0007 |
| SHIP TO: |
| Central Virginia VA Health Care System |
1201 Broad Rock Blvd Richmond, VA 23249
USA
| 1.00 |
| 05-31-2027 |
| FOB: |
| DESTINATION |
| 1001 |
| SHIP TO: |
| Central Virginia VA Health Care System |
1201 Broad Rock Blvd Richmond, VA 23249
USA
| 80,000.00 |
| 05-31-2028 |
| FOB: |
| DESTINATION |
| 1002 |
| SHIP TO: |
| Central Virginia VA Health Care System |
1201 Broad Rock Blvd Richmond, VA 23249
USA
| 12.00 |
| 05-31-2028 |
| FOB: |
| DESTINATION |
| 1003 |
| SHIP TO: |
| Central Virginia VA Health Care System |
1201 Broad Rock Blvd Richmond, VA 23249
USA
| 12.00 |
| 05-31-2028 |
| FOB: |
| DESTINATION |
| 1004 |
| SHIP TO: |
| Central Virginia VA Health Care System |
1201 Broad Rock Blvd Richmond, VA 23249
USA
| 12.00 |
| 05-31-2028 |
| FOB: |
| DESTINATION |
| 1005 |
| SHIP TO: |
| Central Virginia VA Health Care System |
1201 Broad Rock Blvd Richmond, VA 23249
USA
| 52.00 |
| 05-31-2028 |
| FOB: |
| DESTINATION |
| 1006 |
| SHIP TO: |
| Central Virginia VA Health Care System |
1201 Broad Rock Blvd Richmond, VA 23249
USA
| 1.00 |
| 05-31-2028 |
| FOB: |
| DESTINATION |
| 2001 |
| SHIP TO: |
| Central Virginia VA Health Care System |
1201 Broad Rock Blvd Richmond, VA 23249
USA
| 80,000.00 |
| 05-31-2029 |
| FOB: |
| DESTINATION |
| 2002 |
| SHIP TO: |
| Central Virginia VA Health Care System |
1201 Broad Rock Blvd Richmond, VA 23249
USA
| 12.00 |
| 05-31-2029 |
| FOB: |
| DESTINATION |
| 2003 |
| SHIP TO: |
| Central Virginia VA Health Care System |
1201 Broad Rock Blvd Richmond, VA 23249
USA
| 12.00 |
| 05-31-2029 |
| FOB: |
| DESTINATION |
| 2004 |
| SHIP TO: |
| Central Virginia VA Health Care System |
1201 Broad Rock Blvd Richmond, VA 23249
USA
| 12.00 |
| 05-31-2029 |
| FOB: |
| DESTINATION |
| 2005 |
| SHIP TO: |
| Central Virginia VA Health Care System |
1201 Broad Rock Blvd Richmond, VA 23249
USA
| 52.00 |
| 05-31-2029 |
| FOB: |
| DESTINATION |
| 2006 |
| SHIP TO: |
| Central Virginia VA Health Care System |
1201 Broad Rock Blvd Richmond, VA 23249
USA
| 1.00 |
| 05-31-2029 |
| FOB: |
| DESTINATION |
| 3001 |
| SHIP TO: |
| Central Virginia VA Health Care System |
1201 Broad Rock Blvd Richmond, VA 23249
USA
| 80,000.00 |
| 05-31-2030 |
| FOB: |
| DESTINATION |
| 3002 |
| SHIP TO: |
| Central Virginia VA Health Care System |
1201 Broad Rock Blvd Richmond, VA 23249
USA
| 12.00 |
| 05-31-2030 |
| FOB: |
| DESTINATION |
| 3003 |
| SHIP TO: |
| Central Virginia VA Health Care System |
1201 Broad Rock Blvd Richmond, VA 23249
USA
| 12.00 |
| 05-31-2030 |
| FOB: |
| DESTINATION |
| 3004 |
| SHIP TO: |
| Central Virginia VA Health Care System |
1201 Broad Rock Blvd Richmond, VA 23249
USA
| 12.00 |
| 05-31-2030 |
| FOB: |
| DESTINATION |
| 3005 |
| SHIP TO: |
| Central Virginia VA Health Care System |
1201 Broad Rock Blvd Richmond, VA 23249
USA
| 52.00 |
| 05-31-2030 |
| FOB: |
| DESTINATION |
| 3006 |
| SHIP TO: |
| Central Virginia VA Health Care System |
1201 Broad Rock Blvd Richmond, VA 23249
USA
| 1.00 |
| 05-31-2030 |
| FOB: |
| DESTINATION |
| 4001 |
| SHIP TO: |
| Central Virginia VA Health Care System |
1201 Broad Rock Blvd Richmond, VA 23249
USA
| 80,000.00 |
| 05-31-2031 |
| FOB: |
| DESTINATION |
| 4002 |
| SHIP TO: |
| Central Virginia VA Health Care System |
1201 Broad Rock Blvd Richmond, VA 23249
USA
| 12.00 |
| 05-31-2031 |
| FOB: |
| DESTINATION |
| 4003 |
| SHIP TO: |
| Central Virginia VA Health Care System |
1201 Broad Rock Blvd Richmond, VA 23249
USA
| 12.00 |
| 05-31-2031 |
| FOB: |
| DESTINATION |
| 4004 |
| SHIP TO: |
| Central Virginia VA Health Care System |
1201 Broad Rock Blvd Richmond, VA 23249
USA
| 12.00 |
| 05-31-2031 |
| FOB: |
| DESTINATION |
| 4005 |
| SHIP TO: |
| Central Virginia VA Health Care System |
1201 Broad Rock Blvd Richmond, VA 23249
USA
| 52.00 |
| 05-31-2031 |
| FOB: |
| DESTINATION |
| 4006 |
| SHIP TO: |
| Central Virginia VA Health Care System |
1201 Broad Rock Blvd Richmond, VA 23249
USA
| 1.00 |
| 05-31-2031 |
| FOB: |
| DESTINATION |
| 4007 |
| SHIP TO: |
| Central Virginia VA Health Care System |
1201 Broad Rock Blvd Richmond, VA 23249
USA
| 1.00 |
| 05-31-2031 |
| FOB: |
| DESTINATION |
36C24626Q0283
Page 1 of Page 1 of
SECTION C - CONTRACT CLAUSES
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:
C.1 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 $100,000, 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 $100,000;
(2) Any order for a combination of items in excess of $500,000; or
(3) A series of orders from the same ordering office within 30 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 5 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.2 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)
The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within 30 Days. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.
(End of Clause)
C.3 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)
C.4 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 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)
C.5 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 6/01/2026 through 5/31/2031.
(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.6 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025) (DEVIATION)
(a) Definitions. As used in this clause— American Security Drone Act-covered foreign entity means an entity included on a list that the Federal Acquisition Security Council (FASC) develops and maintains and publishes in the System for Award Management (SAM) at https://www.sam.gov (section 1822 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).
Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.
Covered article, as defined in 41 U.S.C. 4713(k), means:
(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;
(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);
(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or
(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.
Covered foreign country means The People’s Republic of China.
Covered telecommunications equipment or services means—
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);
(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or
(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
Critical technology means—
(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;
(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled—
(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or
(ii) For reasons relating to regional stability or surreptitious listening;
(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);
(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);
(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or
(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).
FASC-prohibited unmanned aircraft system means an unmanned aircraft system manufactured or assembled by an American Security Drone Act—covered foreign entity.
FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring removing covered articles from executive agency information systems or excluding one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201-1.303(d) and (e):
(1) The Secretary of Homeland Security may issue FASCSA orders that apply to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.
(2) The Secretary of Defense may issue FASCSA orders that apply to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.
(3) The Director of National Intelligence (DNI) may issue FASCSA orders that apply to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.
Information technology, as defined in 40 U.S.C. 11101(6)—
(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—
(i) Of that equipment; or
(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;
(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but
(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.
Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—
(1) The Office of the Director of National Intelligence;
(2) The Central Intelligence Agency;
(3) The National Security Agency;
(4) The Defense Intelligence Agency;
(5) The National Geospatial-Intelligence Agency;
(6) The National Reconnaissance Office;
(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;
(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;
(9) The Bureau of Intelligence and Research of the Department of State;
(10) The Office of Intelligence and Analysis of the Department of the Treasury;
(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or
(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.
Interconnection arrangement means arrangements governing the physical connection of two or more networks to allow the use of another’s network to hand off traffic where it is ultimately delivered (e.g., connecting a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.
Kaspersky Lab-covered article means any hardware, software, or service that—
(1) Is developed or provided by a Kaspersky Lab-covered entity;
(2) Includes any hardware, software, or service developed or provided in whole or in part by a Kaspersky Lab-covered entity; or
(3) Contains components using any hardware or software developed in whole or in part by a Kaspersky Lab-covered entity.
Kaspersky Lab-covered entity means—
(1) Kaspersky Lab;
(2) Any successor entity to Kaspersky Lab, including any change in name, e.g., “Kaspersky”;
(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or
(4) Any entity of which Kaspersky Lab has a majority ownership.
National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—
(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or
(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.
Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.
Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.
Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.
Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.
Subsidiary means an entity in which more than 50 percent of the entity is owned directly by a parent corporation or through another subsidiary of a parent corporation.
Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.
Unmanned aircraft means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft (49 U.S.C. 44801(11)).
Unmanned aircraft system means an unmanned aircraft and associated elements (including communication links and the components that control the unmanned aircraft) that are required for the operator to operate safely and efficiently in the national airspace system (49 U.S.C. 44801(12)).
(b) Prohibitions on providing or using specific products or services in performance of contract. Unless a waiver or exception applies, the Contractor is prohibited from providing any products or services to the Government or using in the performance of the contract any of the following:
(1) A covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees (section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328));
(2) A Kaspersky Lab-covered article (Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91));
(3) Covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system (paragraphs (a)(1)(A) of section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232)). This does not prohibit contractors from providing—
(i) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Prohibition on unmanned aircraft systems manufactured or assembled by American Security Drone Act—covered foreign entities.
(1) Prohibition. The Contractor is prohibited from—
(i) Delivering any FASC-prohibited unmanned aircraft system, which includes unmanned aircraft (i.e., drones) and associated elements (sections 1823 and 1826 of American Security Drone Act of 2023, within the National Defense Authorization Act for Fiscal Year 2024, Pub. L. 118-31, Div. A, Title XVIII, Subtitle B, 41 U.S.C. 3901 note prec.);
(ii) On or after December 22, 2025, operating a FASC-prohibited unmanned aircraft system in the performance of the contract (section 1824 of Pub. L. 118-31); and
(iii) On or after December 22, 2025, using Federal funds to procure or operate a FASC-prohibited unmanned aircraft system (section 1825 of Pub. L. 118-31).
(2) Procedures. The Contractor shall search SAM for the FASC-maintained list of American Security Drone Act—covered foreign entities before proposing, or using in performance of the contract, any unmanned aircraft system. Also, the Contractor shall ensure any effort or expenditure associated with a FASC-prohibited unmanned aircraft system is consistent with a corresponding exemption, exception, or waiver determination expressly stated in the contract.
(3) Exemptions, exceptions, and waivers. The prohibitions in paragraph (c) of this clause do not apply where the agency has determined an exemption, exception, or waiver applies, and the contract indicates that such a determination has been made. See sections 1823 through 1825 and 1832 of Public Law 118-31 for statutory requirements pertaining to exemptions, exceptions, and waivers.
(d) Prohibition on using or providing specific products or services or conducting certain transactions regardless of connection to contract.
(1) Certain telecommunications and video surveillance equipment, systems, or services.
(i) Unless an applicable waiver has been issued by the Government, the Contractor cannot use any equipment, systems, or services that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system (paragraph (a)(1)(B) of section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232)).
(ii) This prohibition applies to using covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. This does not prohibit the contractor from using—
(A) A service that connects to the facilities of a third party, such as backhaul, roaming, or interconnection arrangements; or
(B) Telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Office of Foreign Assets Control Restrictions.
(i) Except as authorized by the Office of Foreign Assets Control (OFAC) in the Department of the Treasury, the Contractor shall not acquire, for use in the performance of this contract, any supplies or services if any proclamation, Executive order, or statute administered by OFAC, or if OFAC’s implementing regulations at 31 CFR chapter V, would prohibit such a transaction by a person subject to the jurisdiction of the United States.
(ii) Except as authorized by OFAC, most transactions involving Cuba, Iran, and Sudan are prohibited, as are most imports from Burma or North Korea, into the United States or its outlying areas.
(A) For lists of entities and individuals subject to economic sanctions, see OFAC’s List of Specially Designated Nationals and Blocked Persons at https://home.treasury.gov/policy-issues/financial-sanctions/specially-designated-nationals-and-blocked-persons-list-sdn-human-readable-lists.
(B) For more information about these restrictions, as well as updates, see OFAC’s regulations at 31 CFR chapter V and at https://home.treasury.gov/policy-issues/office-of-foreign-assets-control-sanctions-programs-and-information.
(C) To conduct electronic screens of potential parties to regulated transactions, see the consolidated screening list at https://www.trade.gov/consolidated-screening-list, which consolidates multiple export screening lists of the Departments of Commerce, State, and the…
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