36C24825Q0861 with attachments.pdf

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6830--FY25: Bulk Oxygen Medical Gas Federal contract opportunity
Solicitation number
36C24825Q0861
Issued by
Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 8

About this file

This is a Solicitation/Contract/Order for Commercial Products and Commercial Services (Standard Form 1449) for bulk medical oxygen for the Department of Veterans Affairs (VA) Healthcare System. The solicitation seeks a service-disabled veteran-owned small business (SDVOSB) to provide liquid bulk oxygen for two VA facilities in Orlando, Florida: Lake Nona and Lake Baldwin. The contract includes a base year (08/01/2025 - 07/31/2026) and four 12-month option periods extending through 07/31/2030, with a minimum guaranteed order of $1,000 during the base year.

Key details include a NAICS code of 325120 (Industrial Gas Manufacturing) with a small business size standard of 1,200 employees, and delivery requirements for main and reserve liquid oxygen tanks at both locations. Offerors must submit electronic quotes via email to Shawn Autrey (shawn.autrey@va.gov) and Benjamin Amato (benjamin.amato@va.gov) by 2:00 PM EST on 07/18/2025, with all questions due by 07/14/2025 at 11:00 AM EST. The solicitation requires contractors to provide FDA-registered medical gas manufacturing, comply with current Good Manufacturing Practices, and offer a yearly warranty on telemetry equipment.

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PAGE 1 OF 1. REQUISITION NO.

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

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

TIME

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

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

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

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

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

SEE ADDENDUM

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

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

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

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

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

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

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

36C24825Q0861 07-01-2025

Shawn Autrey 407-646-4013 07-18-2025

2:00 PM EDT

36C248

Department of Veterans Affairs

Network Contracting Office 8 (NCO 8)

Orlando VA Healthcare System

13800 Veterans Way

Orlando FL 32827

X 100

X

325120

1200 Employees

N/A

X

36C675

Department of Veterans Affairs

Orlando VA Healthcare System

36C248

Department of Veterans Affairs

Network Contracting Office 8 (NCO 8)

Orlando VA Healthcare System

Department of Veterans Affairs

Financial Services Center

P.O. Box 149971

Austin TX 78714-9971

(877) 353-9791 (512) 460-5429

See CONTINUATION Page

Solicitation for Base and Four (4) Option Years for Bulk

Medical Oxygen.

See Section B.2 Price Cost Schedule.

See Section B.3 Delivery Location.

See CONTINUATION Page

X X

X 1

36C24825Q0861

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

B.4 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JAN 2025)

C.3 52.216-18 ORDERING (AUG 2020)

C.4 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.5 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.6 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

C.7 52.217-7 OPTION FOR INCREASED QUANTITY—SEPARATELY PRICED LINE

ITEM (MAR 1989)

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

C.9 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...35

C.10 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.11 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.12 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

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

(DEVIATION)

C.13 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (JAN 2023)

(DEVIATION)

C.14 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2018)

C.15 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

C.16 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

C.17 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 PHOTO IMAGES BULK MEDICAL OXYGEN TANKS

SECTION E - SOLICITATION PROVISIONS

E.1 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

E.2 52.212-1 INSTRUCTIONS TO OFFERS-COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAR 2023)

E.3 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

E.5 52.225-2 BUY AMERICAN CERTIFICATE (OCT 2022)

E.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR: _________________ (Company Name)

________________ (Address)

_________________ (City)

POINT OF CONTACT: __________________

PHONE NUMBER: __________________

E-MAIL ADDRESS: __________________

SAM UEI #: __________________

b. GOVERNMENT:

Contracting Officer: Benjamin Amato, benjamin.amato@va.gov Contract Specialist: Shawn Autrey, shawn.autrey@va.gov

Department of Veterans Affairs Network Contracting Office 8 (NCO 8) Orlando VA Healthcare System

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.

http://www.tungsten-network.com/US/en/veterans-affairs/

5. FSC MANDATORY ELECTRONIC INVOICE SUBMISSION INSTRUCTIONS: Contractors are required to submit payment requests in electronic form in accordance with the submission instructions below.

mailto:benjamin.amato@va.gov mailto:shawn.autrey@va.gov

TUNGSTEN ELECTRONIC INVOICE SUBMISSION

FSC e-INVOICE PROGRAM THRU AUSTIN PORTAL

FSC MANDATORY ELECTRONIC INVOICE SUBMISSION FOR AUSTIN PAYMENTS

i. Vendor Electronic Invoice Submission Methods:

Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods below.

a) VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission.

Please go to this website: http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

b) A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards

Institute (ANSI). The X12 EDI Web site (http://www.x12.org)

ii. Vendor e-invoice Set-Up Information:

Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge. If you have question about the e-invoicing program or Tungsten, please contact the

FSC at the phone number or email address listed below.

a) Tungsten e-Invoice Setup Information: 1-877-489-6135

b) Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com

c) FSC e-Invoice Contact Information: 1-877-353-9791

d) FSC e-invoice email: vafsccshd@va.gov

6. The Contractor is advised that only the Contracting Officer, acting within the scope of the contract and his/her duties and responsibilities and after advice and consultation with the point of contact has the authority to make changes that will affect contract prices, quantity, quality, delivery terms and conditions, or the term of the contract. In no event shall any understanding or agreement, modification, change order, or other matters in deviation from the terms of this contract between Contractor and a person other than the Contracting Officer be effective or binding upon the Government. All such actions must be formalized by the proper contractual document executed by the Contracting Office.

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO DATE

http://www.x12.org/ mailto:VA.Registration@Tungsten-Network.com mailto:vafsccshd@va.gov

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ESTIMATED QUANTITIES: All quantities listed in the Price Schedule are estimates only and are not to be considered a minimum or maximum. A delivery order shall be issued at the start of each performance period. The Government does not guarantee or imply that any fixed number of orders/referrals for services will be placed under the resultant contract.

GUARANTEED MINIMUM: The Government will order at least $1,000.00 in supplies during the base year of the contract. (Note: The guaranteed minimum order amount applies to the base year only. Award of the additional option years is not guaranteed nor is there a guaranteed minimum order amount in any given option year that is exercised.)

ORDERING PROCEDURES: The VA Contracting Officer may place Delivery Orders utilizing any of the procedures to the Ordering Clause and the VA POC.

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES

ESTIMATED

QUANTITY UNIT UNIT PRICE

ESTIMATED

AMOUNT

12.00 MO __________________ __________________

LIQUID BULK OXYGEN IN ACCORDANCE WITH THE STATEMENT

OF WORK – Deliver to Lake Nona Contract Period: Base POP Begin: 08-01-2025 POP End: 07-31-2026 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6830 - Gases: Compressed and Liquefied

OF WORK – Deliver to Lake Baldwin OPC PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

DELIVERY OF OXYGEN – Lake Nona Contract Period: Base POP Begin: 08-01-2025 POP End: 07-31-2026 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

DELIVERY OF OXYGEN – Lake Baldwin Contract Period: Base POP Begin: 08-01-2025 POP End: 07-31-2026 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

EMERGENCY TANK AS NEEDED LIQUID BULK OXYGEN IN

ACCORDANCE WITH THE STATEMENT OF WORK

Deliver to Lake Nona or Lake Baldwin (1500 Gallon Truck) Contract Period: Base POP Begin: 08-01-2025 POP End: 07-31-2026 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

OF WORK – Deliver to Lake Nona Contract Period: Option 1 POP Begin: 08-01-2026 POP End: 07-31-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

OF WORK – Deliver to Lake Baldwin OPC Contract Period: Option 1 POP Begin: 08-01-2026 POP End: 07-31-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Contract Period: Option 1 POP Begin: 08-01-2026 POP End: 07-31-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

DELIVERY OF OXYGEN – Lake Baldwin Contract Period: Option 1

POP Begin: 08-01-2026 POP End: 07-31-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

ACCORDANCE WITH THE STATEMENT OF WORK

Deliver to Lake Nona or Lake Baldwin (1500 Gallon Truck) Contract Period: Option 1 POP Begin: 08-01-2026 POP End: 07-31-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

OF WORK – Deliver to Lake Nona Contract Period: Option 2 POP Begin: 08-01-2027 POP End: 07-31-2028 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

OF WORK – Deliver to Lake Baldwin OPC Contract Period: Option 2 POP Begin: 08-01-2027 POP End: 07-31-2028 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Contract Period: Option 2 POP Begin: 08-01-2027 POP End: 07-31-2028 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Contract Period: Option 2 POP Begin: 08-01-2027

POP End: 07-31-2028 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

ACCORDANCE WITH THE STATEMENT OF WORK

Deliver to Lake Nona or Lake Baldwin (1500 Gallon Truck) Contract Period: Option 2 POP Begin: 08-01-2027 POP End: 07-31-2028 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

OF WORK – Deliver to Lake Nona Contract Period: Option 3 POP Begin: 08-01-2028 POP End: 07-31-2029 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

OF WORK – Deliver to Lake Baldwin OPC Contract Period: Option 3 POP Begin: 08-01-2028 POP End: 07-31-2029 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Contract Period: Option 3 POP Begin: 08-01-2028 POP End: 07-31-2029 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Contract Period: Option 3 POP Begin: 08-01-2028 POP End: 07-31-2029

PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

ACCORDANCE WITH THE STATEMENT OF WORK

Deliver to Lake Nona or Lake Baldwin (1500 Gallon Truck) Contract Period: Option 3 POP Begin: 08-01-2028 POP End: 07-31-2029 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

OF WORK – Deliver to Lake Nona Contract Period: Option 4 POP Begin: 08-01-2029 POP End: 07-31-2030 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

OF WORK – Deliver to Lake Baldwin OPC Contract Period: Option 4 POP Begin: 08-01-2029 POP End: 07-31-2030 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Contract Period: Option 4 POP Begin: 08-01-2029 POP End: 07-31-2030 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Contract Period: Option 3 POP Begin: 08-01-2029 POP End: 07-31-2030 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

ACCORDANCE WITH THE STATEMENT OF WORK

Deliver to Lake Nona or Lake Baldwin (1500 Gallon Truck) Contract Period: Option 4 POP Begin: 08-01-2029 POP End: 07-31-2030 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

ESTIMATED GRAND

TOTAL

B.3 DELIVERY SCHEDULE

ITEM NUMBER SHIPPING INFORMATION QUANTITY DELIVERY DATE

0001-4005 SHIP TO:

Warehouse – Building #5, CLC Building #11 Orlando, FL 32827 and

5201 Raymond St Main Clinic – Building 500 Orlando, FL 32803

As Listed In Section

B.2

08/01/2025 - 07/31/2030

MARK FOR: TO BE DETERMINED

FOB: DESTINATION

B.4 STATEMENT OF WORK

1. GENERAL

This procurement will establish a committed source of supply of medical-grade liquid bulk oxygen for the Orlando Veterans Affairs Medical Center’s (OVAMC) two facilities (13800 Veterans Way, Orlando, FL 32827 and 5201 Raymond St, Orlando, FL 32803). The Government may require additional locations within the VISN to supply bulk oxygen to another Orlando Corporate facility. Any additional locations will be added to this contract with additional pricing.

The Contractor submitting an offer as a supplier of medical grade oxygen must provide Food and Drug Administration(FDA) Labeler Code and FDA Federal

Establishment Identification number. Any distributors of medical oxygen must provide a Medical Gas Wholesaler Permit number. Contractor shall operate in compliance with applicable Federal, state, and local regulations.

The Government facility owns the bulk oxygen tanks; the contractor must also provide a contractor-owned emergency tank IF NEEDED with an appropriate back-up system in the amount of 1500 liquid gallons or 172575 ft³ gas (i.e. reserve tank or cylinder bank). Specifications are listed in the solicitation schedule.

The quantities listed in the solicitation schedule are estimates of the facility's annual requirements. There is no expressed or implied guarantee that these quantities will be purchased. The base contract period for all contracts awarded under this solicitation will be date of award, whichever is earlier for the base period.

Please note that contracts that include the installation of contractor-owned equipment will include a 30-day transition period at the beginning and end of the contract period (reference paragraph 5.1). The contract award under the solicitation will include a 12-month base and four (4) 12-month option periods.

Minimum yearly tank fill 138180 ft³ gas Maximum yearly tank fill 690900 ft³ gas Lake

Nona Main Tank

• Lake Nona Main Tank 6000 gallons

Minimum yearly tank fill 69030 ft³ gas Maximum yearly tank fill 172575 ft³ gas Lake

Nona Reserve Tank

• Lake Nona Reserve Tank 1500 gallons

Minimum yearly tank fill 138060 ft³ gas Maximum yearly tank fill 345150 ft³ gas Lake

Baldwin Main Tank

• Lake Baldwin Main Tank 3000 gallons

Minimum yearly tank fill 24160.40 ft³ gas Maximum yearly tank fill 60401 ft³ gas

Lake Baldwin Reserve Tank

• Lake Baldwin Reserve Tank 525 gallons

Calculation of Annual full tank fill

• Lake Nona Main Tank 6000 gallons

6000/7.48052= 802.08 ft3 liquid 860.6ft3 gas= 690,272.868 ft3 gas

/100SCF= 6,902.728/12 = 575.25 per month

• Lake Nona Reserve Tank 1500 gallons

1500/7.48052= 200.520 ft3 liquid *860.6ft3 gas= 172,568.217 ft3 gas

/100SCF= 1,725.682/12 = 143.80 per month

• Lake Baldwin Main Tank 3000 gallons

3000/7.48052= 401.041 ft3 liquid *860.6ft3 gas= 345,136.434 ft3 gas

/100SCF= 3,451.364 /12 = 287.61 per month

• Lake Baldwin Reserve Tank 525 gallons

525/7.48052=70.182 ft3 liquid *860.6ft3 gas= 60,398.876 ft3 gas

/100SCF = 603.988/12 = 50.33 per month

The VA Point of Contact (POC) is responsible for local contract administration issues such as ordering and providing specific delivery instructions. At the time of contract award or within 15 days after notification of contract award, a kick-off meeting will be scheduled with the contractor to ensure a mutual understanding of facility requirements relating to the ordering method and specific details of any delivery instructions that are included in the solicitation schedule.

Prior to first filling, the contractor must perform in-service training to include the following facets for contractor-owned and government-owned systems: the refill procedure, any preventive maintenance support requirements that may be needed from the medical center systems, and an explanation of all the volume alarm and low-pressure set-points. The contractor will provide written procedures and training for VA staff for protocols to accomplish emergency shutdowns or other sudden, unplanned termination of the refilling process. The Contractor will provide 24/7 emergency contact name(s) and telephone number(s). At no cost to the Government.

Prior to first filling, and annually thereafter, the contractor shall furnish alarm set-point testing. Written verification must be presented through the use of a qualified third-party expert per NFPA 99, 2002 Edition for contractor owned and government owned systems. Any code deficiencies in the Medical Center's existing system, as defined by NFPA 50, 1.3.3, "Bulk Oxygen System", must be identified by the contractor. A detailed explanation of these deficiencies must be presented in writing to the VA POC. A copy of the written explanation must be signed for by the VA POC and a copy provide to Contracting at no cost to the

Government.

Prior to first filling, and semi-annually thereafter, the contractor must verify, in writing, the accuracy of all gauges on contractor-owned tanks. If the gauge(s) are government-owned, contractor will provide, if requested after award, a written proposal with price to verify accuracy of the gauge(s). The Government may choose to exercise this option at its desire.

Prior to first filling, contractors will provide yearly warranty on parts and labor of telemetry unit for corporate Orlando bulk oxygen supply tanks for the length of the contract.

2. PERIOD OF PERFORMANCE

Base: 08-01-2025 to 07-31-2026

Option 1: 08-01-2026 to 07-31-2027

Option 2: 08-01-2027 to 07-31-2028

Option 3: 08-01-2028 to 07-31-2029

Option 4: 08-01-2029 to 07-31-2030

3. CONTRACTOR RESPONSIBILITIES:

The contractor shall perform periodic preventative maintenance on the

Government-owned equipment. This maintenance shall be performed as a minimum at six-month intervals. Maintenance shall include all necessary inspections, adjustments, repairs, and other services necessary to ensure the system is in proper working condition. During periodic services, the contractor will verify proper alarm operation with Veterans Affairs staff. Copies of inspection reports and maintenance records will be provided to the VA POC.

Contractor will have a 24-hour/7-day emergency maintenance and repair capability. Qualified maintenance personnel will respond on-site within 2-hours of notification.

All equipment and materials required to perform the service throughout the life of the contract shall be provided by the contractor (except for what is Government-furnished property). Contractor-owned equipment shall be maintained in good operating condition in accordance with applicable regulations. Contractor shall maintain the appearance of Government-owned equipment by ensuring it is properly painted, free of rust and corrosion, et cetera. Government-owned bulk oxygen tanks will be labeled according to any applicable FDA, Department of

Transportation (DOT), Occupational Safety and Health Administration (OSHA), or other requirements.

4. GOVERNMENT-FURNISHED PROPERTY

Government-owned bulk oxygen storage tanks and appurtenances will be maintained by and at the expense of the Government in a manner that will ensure compliance with applicable regulations, standards and normal good practices. The contractor shall perform the hook-up testing of government-owned equipment to the facility-maintained alarm system.

5. CONTRACTOR-FURNISHED EQUIPMENT

For contractor-owned tanks, the contractor shall provide, install and maintain bulk oxygen tank(s) with appropriate back-up system(s). Through the duration of the contract, the contractor shall be liable for the integrity, suitability, and safety of contractor owned tank(s) that will ensure compliance with applicable regulations, standards and normal good practices. The tank capacity and reserve system shown in the schedule are minimum capacities required by the using facilities. Manifold, cylinders for the reserve supply, liquid converter, alarm switch, regulator, valves, level indicator, and any other devices or connections required for proper tie-ins with the facility's gas system shall be furnished by the contractor, without cost to the Government. The manifold or liquid converter shall deliver gas at a pressure and rate of flow adequate to supply the system.

Each liquid oxygen storage container shall have an outlet that allows access for testing the purity of the oxygen.

All equipment and materials required to perform on the contract shall be provided by the contractor. Contractor-owned equipment shall be installed, inspected and maintained by the contractor without additional cost to the Government. (i.e., all installation, inspection and maintenance costs shall be included in the contract's monthly equipment rental fee for the applicable facility.) Contractor-owned equipment shall be kept in good operating condition and appearance, in accordance with applicable regulations, standards and normal good practices.

The contractor shall be provided reasonable access to the bulk oxygen systems for this purpose.

6. INSTALLATION OF CONTRACTOR-OWNED EQUIPMENT

Unless otherwise directed by OVAMC, contractor-owned equipment shall be installed by the effective date of the contract and shall be connected to the medical gas system on that date; provided: that the contractor shall be allowed a maximum of 30 days after receipt of notice of award to complete installation. If the contractor's equipment replaces equipment already in use, the exchange of equipment shall be accomplished without interruption of gas supply to the using facility. Contractor installed equipment shall remain the property of the contractor and shall be removed upon termination of the contract, when directed by the ordering facility and in full cooperation with the succeeding contractor to avoid interruption of gas supply.

To permit orderly transition from one contractor to another, the contractor shall continue to honor the contract's monthly equipment rental fee and bulk oxygen contract price for a maximum of 30 days beyond the scheduled expiration of the contract period, unless transition from one contractor to another is completed prior to the 30-day transition period. For any partial month, the contractor shall prorate the monthly equipment rental fee accordingly. The contractor shall continue to provide and maintain its equipment during this transition period.

No guarantee is given or implied that data included in the schedule regarding contractor owned equipment currently located at the facilities is complete and accurate as to the factors affecting the cost of furnishing and installing the required contractor-owned tanks and appurtenances. Offerors are strongly encouraged to visit the facility sites prior to submitting a quote and take other steps as may be reasonably necessary to ascertain the nature and location of the work, and the general and local conditions which can affect the work or the cost thereof. Failure to do so shall not relieve offerors from the responsibility of estimating properly the difficulty and cost of successfully performing the work. Any site visits may be arranged by contacting the VA POC Manoyd Smith at (407) 631-5245 to coordinate the visit directly.

All contractor-owned equipment shall be installed in accordance with NFPA 50: Standard for Bulk Oxygen Systems at Consumer Sites, 2001, NFPA 99 Standard for Health Care

Facilities, 2002 Edition, and FDA's Current Good Manufacturing Practices (CGMP)

Regulations. The contractor shall comply with all OSHA standards and applicable safety requirements, including proper signage and use of personal protective equipment.

7. DELIVERY OF MEDICAL LIQUID BULK OXYGEN

Deliveries of oxygen are scheduled by the contractor based on information transmitted by the oxygen level monitoring system, which is to be monitored by the contractor based on Orlando Veterans Administration requirements (telemetry unit). Contractors will provide yearly warranty on parts and labor of telemetry unit for corporate Orlando bulk oxygen supply tanks. The contractor will have a delivery forecasting program that assesses the OVAMC recent and historic usage and determines when replenishment of the liquid oxygen supply is needed. The reorder, alarm, safety, and reserve levels will be coordinated with the VA POC. Alarm levels will be set at such points to avoid frequent alarms. The delivery system shall be designed so that scheduling of the replenishment of the oxygen supply requires no intervention on the part of medical center personnel.

Offeror shall have the capability and resources to respond to routine requests within 24-hrs and emergency requests within 6-hrs, by either telemetry unit or the station.

The contractor shall deliver medical-grade liquid oxygen within 36-hrs after the reorder point on the main tank is reached. If the 36-hrs ends on a weekend, delivery will be on Monday. If for any reason the contractor is unable to deliver at the agreed upon day or time, the contractor will provide 24-hour notice to the VA POC, so that the facility can initiate an alternate backup action. In accordance with VHA Patient Safety Alert dated April 5, 2004, all deliveries must be monitored by the VA POC. The Contractor will be provided with names and contact information of primary and back-up facility representatives. This applies to all deliveries regardless of time or day of execution.

The contractor shall provide 24-hour notice prior to delivery or upon mutual agreement between the facility and contractor, alternate ordering/delivery methods such as pre-scheduled deliveries, calling for tank level readings, installing a telemetry unit, etc. may be arranged. If for any reason the contractor is unable to delivery at the agreed upon day or time, the contractor will provide 24-hour notice to the VA POC, so that the facility can initiate an alternate backup action. In accordance with VHA Patient Safety Alert dated April 5, 2004, all deliveries must be monitored by a qualified and trained technical representative that will be designated by each facility. Contractor will be provided with names and contact information of primary and back-up facility representatives. This applies to all deliveries regardless of time or day of execution.

The Tank(s) will be filled to maximum functional capacity at each refilling procedure unless otherwise specified in the facility requirements or as agreed upon in a written document signed and dated by the VA POC. If the tank cannot be filled to maximum capacity at the time of delivery, the driver must annotate the reason for the partial delivery and indicate when a subsequent delivery will be made to completely fill the tank to capacity, at no additional cost.

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

Emergency delivery will be provided within 6-hours after receipt of Government notification. Contractor must respond to the facility by either telephone or email within one hour to confirm receipt of emergency notification to ascertain the nature of the emergency. Emergency status is determined by the Government when conditions warrant, such as an actuated main bulk tank low level alarm, imminent alarm condition, or system leak. Failure of the contractor to remain current with agreed delivery schedule and requirements does not constitute an "emergency" for purposes of charging an emergency delivery fee.

Contractor shall provide a cost break down of emergency tank rental. Daily a monthly rental cost as well as a prorated cost agreement

Delivery Location:

Orlando VA Medical Center, Lake Nona, 13800 Veterans Way, Warehouse –

Building #5, CLC – Building #11, Orlando, FL 32827

Orlando VA Medical Center, (Lake Baldwin campus), 5201 Raymond St., Main Clinic – Building 500, Orlando, FL 32803

Instructions: Monday through Friday, 7:30 am – 3:30pm (except in emergency cases).

All deliveries shall be monitored by VA POC or VA designee).

Holidays observed: New Year’s Day, Martin Luther King Day, President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day, or any day specifically declared by the

President of the United States to be a national holiday.

8. SUBISSION OF QUESTIONS

Questions: All questions must be received by July 14, 2025, at 11:00 AM. All questions submitted for this solicitation must be electronically sent to the following email address:

shawn.autrey@va.gov and benjamin.amato@va.gov. Questions received after the stated date and time, may be addressed at the discretion of the Contracting Officer.

9. QUALITY ASSURANCE SPECIFICATIONS AND REQUIREMENTS

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

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

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

-Supplier's name and complete address

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

-An Air Liquefaction Statement where appropriate

-Lot number or other unique identification number

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

-Test method used to perform the analysis. (A statement such as "Meets U.S.P.

specifications" is not acceptable; nor would "Tested via Servomex" be acceptable since the specific model number is not provided.)

-Signature of authorized supplier representative and date.

Material Safety Data Sheets shall be provided to the facility VA POC upon request.

mailto:shawn.autrey@va.gov mailto:benjamin.amato@va.gov

A copy of all inspection reports shall be provided to the facility VA POC upon the completion of any contractor owned or government owned bulk oxygen system inspections that are required by regulation.

All contractor-owned equipment shall be maintained or repaired in accordance with

NFPA 50: Standard for Bulk Oxygen Systems at Consumer Sites, 2001 and FDA's

Current Good Manufacturing Practices (CGMP) Regulations.

10. APPLICABLE REGULATIONS & STANDARDS

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.

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

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

49 CFR - Transportation

Federal Food, Drug, and Cosmetic Act

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

NFPA 99: Standard for Health Care Facilities, 2002 Edition

U.S.P. 23

Density data and volume measurement equivalents published in Compressed Gas

Association Pamphlet No. P-6, titled "Standard Density Data, Atmospheric Gases and

Hydrogen," shall be used when necessary to convert measurement of gases from one form to another. For example, the following conversion factor shall apply for conversion from gallons to cubic feet.

Calculation based on data in CGA P-6

1 ft³ liquid O2 = 860.6 ft³ gas (Table 1)

1 ft³ liquid O2 = 7.48052 gal ((Table 2)

Therefore:

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

1 gal liquid O2 = 860.6 ft³ gas 7.48052

1 gal liquid O2 = 115.05 ft³ gas or more commonly quoted as 1 gal liquid O2 = 115.1 ft³ gas.

11. EMERGENCY REQUIREMENTS

Prior to first filling, contractor must perform in-service training to include the following facets for contractor-owned and government-owned systems: the refill procedure, any preventive maintenance support requirements that may be needed from the medical center systems, and an explanation of all the volume alarm and low-pressure set-points.

The contractor will provide written procedures and training for VA staff for protocols to accomplish emergency shutdowns or other sudden, unplanned termination of the refilling process. Contractor will provide 24/7 emergency contact name(s) and telephone number(s). At no cost to the Government.

Contractor will have a 24-hour/7-day emergency maintenance and repair capability.

Qualified maintenance personnel will respond on-site within 2-hours of notification.

Deliveries of oxygen are scheduled by the contractor based on information transmitted by the oxygen level monitoring system, which is to be monitored by the contractor based on Orlando Veterans Administration requirements (telemetry unit). Contractors will provide yearly warranty on parts and labor of telemetry unit for corporate Orlando bulk oxygen supply tanks. The contractor will have a delivery forecasting program that assesses the OVAMC recent and historic usage and determines when replenishment of the liquid oxygen supply is needed. The reorder, alarm, safety, and reserve levels will be coordinated with the VA POC. Alarm levels will be set at such points to avoid frequent alarms. The delivery system shall be designed so that scheduling of the replenishment of the oxygen supply requires no intervention on the part of medical center personnel.

Offeror shall have the capability and resources to respond to routine requests within 24-hrs and emergency requests within 6-hrs of notification, by either telemetry unit or the station.

Emergency delivery will be provided within 6-hours after receipt of Government notification. Contractor must respond to the facility by either telephone or email within one hour to confirm receipt of emergency notification to ascertain the nature of the emergency. Emergency status is determined by the Government when conditions warrant, such as an actuated main bulk tank low level alarm, imminent alarm condition, or system leak. Failure of the contractor to remain current with agreed delivery schedule and requirements does not constitute an "emergency" for purposes of charging an emergency delivery fee. Contractor shall provide a cost break down of emergency tank rental. A daily and monthly rental cost as well as a prorated cost agreement.

12. REPAIRS

The contractor shall perform periodic preventative maintenance on the Government-owned equipment. This maintenance shall be performed as a minimum at six-month intervals. Maintenance shall include all necessary inspections, adjustments, repairs, and other services necessary to ensure the system is in proper working condition. During periodic services, the contractor will verify proper alarm operation with Veterans Affairs staff. Copies of inspection reports and maintenance records will be provided to the VA

POC.

The Contractor will have a 24-hour/7-day emergency maintenance and repair capability.

Qualified maintenance personnel will respond on-site within 2-hours of notification.

All contractor-owned equipment shall be maintained or repaired in accordance with

NFPA 50: Standard for Bulk Oxygen Systems at Consumer Sites, 2001 and FDA's

Current Good Manufacturing Practices (CGMP) Regulations.

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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

Government must exercise its post-acceptance rights—

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

and

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims

Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the

Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

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

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the

Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the

Contracting Officer of the cessation of such occurrence.

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

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

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

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

(i) Payment.—

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

(2) Prompt payment. The Government will make payment in accordance with the Prompt

Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-

5(b) for the appropriate EFT clause.

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

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

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

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

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

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

(D) Contractor point of contact.

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

Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the

Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the

Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The

Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the

Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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

(o) Warranty.

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