36C24626Q0283 Medical Bulk Liquid Oxygen USP - 051426.pdf

31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) Audrey Wooten Contracting Officer

30c. DATE SIGNED

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

1. REQUISITION NO. PAGE 1 OF 57

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME Ronnie Gregory

36C24626Q0283

b. TELEPHONE NO. (No Collect Calls) 757-728-7188

05-14-2026

8. OFFER DUE DATE/LOCAL

TIME 05-21-2026

11AM EST

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR X SET ASIDE: 100 % FOR:

Department of Veterans Affairs

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

Network Contracting Office 6 100 Emancipation Drive

HUBZONE SMALL

BUSINESS

SMALL BUSINESS PROGRAM

EDWOSB

NAICS: 325120

Hampton VA 23667 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

SIZE STANDARD:

1200 Employees

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

N/A

14. METHOD OF SOLICITATION

X RFQ IFB RFP

15. DELIVER TO CODE

Department of Veterans Affairs Central Virginia VA Healthcare Center

1201 Broad Rock Blvd Richmond VA 23249

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE

16. ADMINISTERED BY CODE

Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667

18a. PAYMENT WILL BE MADE BY CODE

Financial Services Center

PO BOX 149971

Austin TX 78714-9971

PHONE: 512-460-5049

FAX: 512-460-5221

TELEPHONE NO. UEI: EFT:

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

X SEE ADDENDUM

19. 20. See CONTINUATION Page 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES

The contractor shall provide Medical Liquid Bulk Oxygen USP with Tank rental outlined in the Statement of Work and RFQ.

This procurement is being made 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)

QUANTITY UNIT UNIT PRICE AMOUNT

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

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

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1 ARE ATTACHED. ADDENDA 27b. CONTRACT/PURCHASE

ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

X ARE ARE NOT ATTACHED.

ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

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) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. NOV 2021)

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

X

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

STATEMENT OF WORK (SOW)

B.3 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.2 52.216-18 ORDERING (AUG 2020)

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

C.4 52.216-22 INDEFINITE QUANTITY (NOV 2025) (DEVIATION)

C.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C.7 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

C.8 VAAR 852.204-72 PERSONNEL VETTING AND CREDENTIALING (MAR 2026)

(DEVIATION)

C.9 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

C.10 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

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

(DEVIATION)

C.11 VAAR 852.219-74 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

C.12 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (JAN 2023)

(DEVIATION)

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

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

E.1 INSTRUCTIONS TO OFFERORS

E.2 BASIS OF AWARD

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

1998)

E.2 52.216-1 TYPE OF CONTRACT (APR 1984) (DEVIATION)

E.3 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS

AND CERTIFICATIONS (NOV 2025) (DEVIATION)

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

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:

https://www.fsc.va.gov/einvoice.asp

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

This is an Indefinite Delivery Contract (IDIQ). The contractor shall provide all labor, materials, equipment, monitoring, transportation, supplies, and supervision necessary to provide tanks, monitoring and Medical Bulk Liquid Oxygen USP in accordance with the terms and conditions herein. The estimated minimum award amount for this contract is $100,000. The maximum aggregate value of orders that can be placed under this contract is $500,000. The Government does not guarantee that it will place any orders under this contract in excess of the guaranteed minimum indicated above

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES

ESTIMATED

QUANTITY

UNIT

UNIT PRICE

AMOUNT

0001 80,000.00 CCF

Medical Bulk Liquid Oxygen USP

Contract Period: Base POP Begin: 06-01-2026 POP Begin: 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

0002 12.00 MO

One (1) Medical Bulk Tank Rental, Oxygen, 6000 Gallon

Contract Period: Base POP Begin: 06-01-2026 POP Begin: 05-31-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6830 - Gases: Compressed and Liquefied MANUFACTURER PART NUMBER (MPN): None

0003 12.00 MO

One (1) Medical Bulk Tank Rental, Oxygen, Reserve 500 Gallon

Contract Period: Base POP Begin: 06-01-2026 POP Begin: 05-31-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6830 - Gases: Compressed and Liquefied MANUFACTURER PART NUMBER (MPN): None

0004 12.00 MO

Remote Tank Telemetry Monthly Fee Contract Period: Base POP Begin: 06-01-2026 POP Begin: 05-31-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6830 - Gases: Compressed and Liquefied MANUFACTURER PART NUMBER (MPN): None

0005 52.00 EA

Bulk Delivery Fee

POP Begin: 06-01-2026 POP Begin: 05-31-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6830 - Gases: Compressed and Liquefied MANUFACTURER PART NUMBER (MPN): None

0006 1.00 JB

Rental Medical Bulk Tank Installation, Oxygen

POP Begin: 06-01-2026 POP Begin: 05-31-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6830 - Gases: Compressed and Liquefied MANUFACTURER PART NUMBER (MPN): None

0007 1.00 JB

Emergency Delivery

POP Begin: 06-01-2026 POP Begin: 05-31-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6830 - Gases: Compressed and Liquefied MANUFACTURER PART NUMBER (MPN): None

1001 80,000.00 CCF

Medical Bulk Liquid Oxygen USP 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 NATIONAL STOCK NUMBER: None

1002 12.00 MO

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

1003 12.00 MO

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

1004 12.00 MO

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

1005 52.00 EA

POP Begin: 06-01-2027 POP End: 05-31-2028 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

PRODUCT/SERVICE CODE: 6830 - Gases: Compressed and

MANUFACTURER PART NUMBER (MPN): None NATIONAL STOCK NUMBER: None

1006 1.00 JB

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

2001 80,000.00 CCF

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

2002 12.00 MO

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

2003 12.00 MO

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

2004 12.00 MO

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

2005 52.00 EA

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

2006 1.00 JB

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

3001 80,000.00 CCF

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

3002 12.00 MO

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 NATIONAL STOCK NUMBER: None

3003 12.00 MO

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

3004 12.00 MO

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

3005 52.00 EA

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

3006 1.00 JB

POP Begin: 06-01-2029 POP End: 05-31-2030 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6830 - Gases: Compressed and

4001 80,000.00 CCF

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

4002 12.00 MO

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

4003 12.00 MO

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

4004 12.00 MO

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

4005 52.00 EA

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 NATIONAL STOCK NUMBER: None LOCAL STOCK NUMBER: None

4006 1.00 JB

Rental Medical Bulk Tank Removal, Oxygen 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

4007 1.00 JB

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

GRAND TOTAL

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 Medal Grade Bulk Liquid Oxygen 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’s 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:

UNIT OF MEASURE (UOM)

All Medical Bulk Liquid Oxygen USP shall be priced using CCF, which is defined as 100 cubic feet, as the official unit of measure for this requirement. For contract consistency, CCF shall represent the volume of oxygen when converted from liquid state to gaseous form under standard atmospheric conditions. The contractor shall base all pricing, delivery documentation, metering, consumption reporting, and invoicing on CCF measurements to align with VA medical gas management practices. Use of CCF as the standardized billing metric ensures accurate comparison of vendor proposals, uniformity in contract administration, and compliance with VA requirements for medical-grade oxygen supply. Conversion Reference:

1 CCF = 100 SCF

Annual estimated requirement: 80,000 CCF = 8,000,000 SCF

BASIS OF ESTIMATE (BOE)

The estimated quantities in this Statement of Work are based on historical and projected medical oxygen consumption levels for the facility. Annual demand is estimated at 80,000 CCF, converted to 8,000,000 SCF using the standard conversion factor of 1 CCF = 100 SCF.

For planning and delivery scheduling, projected consumption is distributed across weekly and monthly periods:

• Weekly usage: 153,846 SCF

• Monthly usage (12-month): 666,667 SCF

• Annual usage: 8,000,000 SCF

These quantities represent the Government’s best estimate of anticipated usage. Actual quantities ordered may be higher or lower depending on operational requirements. Vendors should provide pricing per SCF and extended pricing using the estimated quantities provided. Any additional charges such as delivery fees, fuel surcharges, or environmental fees must be listed separately.

Reserve Tank Estimated Usage

The estimated reserve tank usage is:

The facility maintains a 500-gallon liquid oxygen reserve tank intended for emergency and redundancy support. Based on projected operational requirements, the estimated reserve tank usage is as follows:

• Weekly Usage: 102.72 SCF (approximate)

• Monthly Usage: 120.72 SCF per month (approximate)

• Annual Usage: 1,448.69 SCF (approximate)

These estimates represent anticipated utilization for planning, budgeting, and delivery readiness. Actual required quantities may vary based on facility demand and emergency oxygen support needs.

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.3 DELIVERY SCHEDULE

ITEM

NUMBER

SHIPPING INFORMATION

ESTIMATED

QUANTITY

PERIOD OF

PERFORMANCE

0001 SHIP TO: Central Virginia VA Health Care System 1201 Broad Rock Blvd Richmond, VA 23249

USA

80,000.00 06-01-2026 05-31-2027

FOB: DESTINATION

0002 SHIP TO: Central Virginia VA Health 12.00 06-01-2026

Care System 1201 Broad Rock Blvd Richmond, VA 23249

USA

0003 SHIP TO: Central Virginia VA Health 12.00 06-01-2026

1201 Broad Rock Blvd Richmond, VA 23249

0004 SHIP TO: Central Virginia VA Health 12.00 06-01-2026

1201 Broad Rock Blvd

Richmond, VA 23249

0005 SHIP TO: Central Virginia VA Health

1201 Broad Rock Blvd Richmond, VA 23249

USA

52.00 06-01-2026

0006 SHIP TO: Central Virginia VA Health

1201 Broad Rock Blvd Richmond, VA 23249

USA

1.00 06-01-2026

0007 SHIP TO: Central Virginia VA Health

1201 Broad Rock Blvd Richmond, VA 23249

USA

1.00 06-01-2026

1001 SHIP TO: Central Virginia VA Health

1201 Broad Rock Blvd Richmond, VA 23249

80,000.00 06-01-2027 05-31-2028

FOB:

DESTINATION

1002 SHIP TO: Central Virginia VA Health

1201 Broad Rock Blvd Richmond, VA 23249

USA

12.00 06-01-2027

1003 SHIP TO: Central Virginia VA Health

1201 Broad Rock Blvd Richmond, VA 23249

USA

1004 SHIP TO: Central Virginia VA Health

1201 Broad Rock Blvd Richmond, VA 23249

USA

1005 SHIP TO: Central Virginia VA Health 52.00 06-01-2027

1201 Broad Rock Blvd Richmond, VA 23249

1006 SHIP TO: Central Virginia VA Health 1.00 06-01-2027

1201 Broad Rock Blvd Richmond, VA 23249

2001 SHIP TO: Central Virginia VA Health 80,000.00 06-01-2028

1201 Broad Rock Blvd Richmond, VA 23249

05-31-2029

2002 SHIP TO: Central Virginia VA Health 12.00 06-01-2028

1201 Broad Rock Blvd Richmond, VA 23249

2003 SHIP TO: Central Virginia VA Health 12.00 06-01-2028

1201 Broad Rock Blvd Richmond, VA 23249

2004 SHIP TO: Central Virginia VA Health 12.00 06-01-2028

1201 Broad Rock Blvd

2005 SHIP TO: Central Virginia VA Health 52.00 06-01-2028

1201 Broad Rock Blvd Richmond, VA 23249

2006 SHIP TO: Central Virginia VA Health 1.00 06-01-2028

1201 Broad Rock Blvd Richmond, VA 23249

3001 SHIP TO: Central Virginia VA Health 80,000.00 06-01-2029

1201 Broad Rock Blvd Richmond, VA 23249

05-31-2030

3002 SHIP TO: Central Virginia VA Health 12.00 06-01-2029

1201 Broad Rock Blvd Richmond, VA 23249

3003 SHIP TO: Central Virginia VA Health 12.00 06-01-2029

1201 Broad Rock Blvd Richmond, VA 23249

3004 SHIP TO: Central Virginia VA Health 12.00 06-01-2029

1201 Broad Rock Blvd Richmond, VA 23249

3005 SHIP TO: Central Virginia VA Health 52.00 06-01-2029 Care System 05-31-2030

1201 Broad Rock Blvd

3006 SHIP TO: Central Virginia VA Health 1.00 06-01-2029

1201 Broad Rock Blvd Richmond, VA 23249

4001 SHIP TO: Central Virginia VA Health 80,000.00 06-01-2030

1201 Broad Rock Blvd Richmond, VA 23249

05-31-2031

4002 SHIP TO: Central Virginia VA Health 12.00 06-01-2030

1201 Broad Rock Blvd Richmond, VA 23249

4003 SHIP TO: Central Virginia VA Health 12.00 06-01-2030

1201 Broad Rock Blvd Richmond, VA 23249

4004 SHIP TO: Central Virginia VA Health 12.00 06-01-2030

1201 Broad Rock Blvd Richmond, VA 23249

4005 SHIP TO: Central Virginia VA Health 52.00 06-01-2030

1201 Broad Rock Blvd Richmond, VA 23249

4006 SHIP TO: Central Virginia VA Health

1201 Broad Rock Blvd Richmond, VA 23249

USA

1.00 06-01-2030

4007 SHIP TO: Central Virginia VA Health 1.00 06-01-2030

1201 Broad Rock Blvd Richmond, VA 23249

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 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52 http://www.va.gov/oal/library/vaar/

(End of Clause)

FAR

Number

Title Date

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS NOV 2023

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS

JAN 2017

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED,

SUSPENDED, PROPOSED FOR DEBARMENT, OR

VOLUNTARILY EXCLUDED

JAN 2025

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED

DOMESTIC CORPORATIONS

NOV 2015

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE NOV 2020

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS JAN 2025

52.219-14 LIMITATIONS ON SUBCONTRACTING OCT 2022

52.219-33 NONMANUFACTURER RULE SEP 2021

52.222-19 CHILD LABOR—COOPERATION WITH AUTHORITIES

AND REMEDIES (DEVIATION)

NOV 2025

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH

DISABILITIES (DEVIATION)

NOV 2025

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE

NATIONAL LABOR RELATIONS ACT (DEVIATION)

NOV 2025

52.222-50 COMBATING TRAFFICKING IN PERSONS (DEVIATION) NOV 2025

52.225-1 BUY AMERICAN—SUPPLIES OCT 2022

52.225-5 TRADE AGREEMENTS NOV 2023

52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT

MESSAGING WHILE DRIVING

MAY 2024

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52 http://www.va.gov/oal/library/vaar/

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—

SYSTEM FOR AWARD MANAGEMENT

OCT 2018

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

MAR 2023

52.233-3 PROTEST AFTER AWARD AUG 1996

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM OCT 2004

852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE DEC 2022

852.203-70 COMMERCIAL ADVERTISING MAY 2018

852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

MAY 2020

852.222-71 COMPLIANCE WITH EXECUTIVE ORDER 13899

(DEVIATION) (APR 2025)

APR 2025

852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS NOV 2018

852.239-76 INFORMATION AND COMMUNICATION TECHNOLOGY

ACCESSIBILITY

FEB 2023

852.246-71 REJECTED GOODS OCT 2018

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 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.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 $6,528.50, 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 more than $150,000.

(2) Any order for a combination of items more than $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.4 52.216-22 INDEFINITE QUANTITY (NOV 2025) (DEVIATION)

(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 ordering period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order, which may include order options to be exercised after the ordering period of this contract but before the end of the period of performance of the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order, including options exercised, to the same extent as if the order were completed during the contract's ordering period; provided, that the Contractor shall not be required to make any deliveries under this contract after 06/09/2031.

(End of Clause)

C.5 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 120 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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.6 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL

CONTRACTORS (APR 2026) (DEVIATION)

(a) Definitions. As used in this clause—

Program participation means membership or participation in, or access or admission to: training, mentoring, or leadership development programs; educational opportunities; clubs; associations;

or similar opportunities that are sponsored or established by the contractor or subcontractor.

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

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

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

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

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

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

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

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

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

(End of clause)

C.7 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);

https://www.sam.gov/

(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.