36C24826R0088.docx
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- Attached to
- 6515--Tampa Home Oxygen Solicitation is active
- Solicitation number
- 36C24826R0088
About this file
This is a Solicitation/Contract/Order for Commercial Products and Commercial Services (Standard Form 1449) for home oxygen delivery and related services to the James A. Haley Veterans Hospital in Tampa, Florida. The Department of Veterans Affairs, Network Contracting Office 8 (NCO 8) is issuing this indefinite-delivery, firm-fixed-price contract as a 100% set-aside for Service-Disabled Veteran-Owned Small Businesses (SDVOSBs). The contract covers the Home Respiratory Care Program service area including Hillsborough, Pasco, and Polk counties in Florida, with a base performance period from October 1, 2026 through September 30, 2027, followed by four one-year option periods and a potential six-month extension. The solicitation number is 36C24826R0088 with an offer due date of May 1, 2026 at 3:00 PM EDT.
The contractor must provide comprehensive home oxygen services including initial setup and monthly rental of liquid oxygen reservoirs and portable units, delivery and pickup of equipment, liquid oxygen refills, H-tank rentals and refills, ultrasonic cylinder examinations, oxygen supplies, concentrator rentals, and 24/7 emergency response within six hours. Pricing is based on estimated quantities across 15 line items for the base period and identical line items (numbered 1001-1015, 2001-2015, 3001-3015, and 4001-4015) for each option period, covering approximately 600 monthly liquid oxygen reservoir rentals, 8,000 H-tank rentals, 35,000 tank refills, and related services. The contractor must comply with HIPAA Business Associate Agreement requirements, maintain workers' compensation and public liability insurance per Florida requirements, execute confidentiality and security agreements, and meet extensive quality assurance, infection control, and reporting standards outlined in the Quality Assurance Surveillance Plan. Award is contingent on offeror certification as an active SDVOSB in the SBA Veteran Small Business Certification database and submission of a completed Limitations on Subcontracting Certificate of Compliance, with past performance and price as the primary evaluation factors under a best-value tradeoff methodology.
View the file
Other files
| File | Type | Posted |
|---|---|---|
| 36C24826R0088 0006.pdf | ||
| 36C24826R0088 0005.pdf | ||
| D.2 Updated Combined Wage Rates.pdf | ||
| 36C24826R0088 0004.pdf | ||
| 36C24826R0088 0003.pdf | ||
| 36C24826R0088 0002.pdf | ||
| 36C24826R0088 0001.pdf | ||
| D.2 Wage Rates Tampa Counties.pdf | ||
| 36C24826R0088_1.docx | DOCX document |
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Text version
36C24825R0029
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
36C24826R0088 04-03-2026 Camille Alderman 813-938-9733 05-01-2026
3PM
EDT
36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8)
8875 Hidden River Pkwy Suite 160 Tampa FL 33637
X
532283 $41 Million
N/A
Department of Veterans Affairs James A. Haley Veterans Hospital (90C) 13000 Bruce B. Downs Blvd
Tampa FL 33612 36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8)
8875 Hidden River Pkwy Suite 160 Tampa FL 33637
Department of Veterans Affairs Financial Services Center
P.O. Box 149971 Austin TX 78714-9971
See CONTINUATION Page Home Oxygen for James A. Haley Veterans Hospital Tampa Florida in accordance with B.4 Statement of Work. Please see all Exhibits, Attachments under Section D. Instructions and Evaluation criteria under Section E. See C.11 Limitations on Subcontracting Certificate for completion.
No Technical Proposal Required.
See CONTINUATION Page
Table of Contents
| SECTION A | 1 |
| A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES | 1 |
| SECTION B - CONTINUATION OF SF 1449 BLOCKS | 4 |
| B.1 CONTRACT ADMINISTRATION DATA | 4 |
| B.2 PRICE/COST SCHEDULE | 5 |
| ITEM INFORMATION | 5 |
| B.3 DELIVERY SCHEDULE | 20 |
| B.4 TAMPA HOME OXYGEN STATEMENT OF WORK | 21 |
| SECTION C - CONTRACT CLAUSES | 28 |
| C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023) | 28 |
| C.2 52.216-18 ORDERING (AUG 2020) | 33 |
| C.3 52.216-19 ORDER LIMITATIONS (OCT 1995) | 34 |
| C.4 52.216-22 INDEFINITE QUANTITY (NOV 2025) (DEVIATION) | 34 |
| C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) | 35 |
| C.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) | 35 |
| C.7 SUPPLEMENTAL INSURANCE REQUIREMENTS | 36 |
| C.8 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025) (DEVIATION) | 36 |
| C.9 VAAR 852.204-71 INFORMATION AND INFORMATION SYSTEMS SECURITY (FEB 2023) | 45 |
| C.10 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION) | 54 |
| C.11 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION) | 57 |
| C.12 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) | 59 |
| C.13 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) | 60 |
| C.14 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 60 |
| C.15 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION FEB 2025) | 61 |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 70 |
| D.1 Business Associate Agreement | 70 |
| D.2 Wage Rates Tampa Counties. See attached document. | 75 |
| D.3 Past Performance Questionnaire | 76 |
| D.4 Tampa Home Oxygen Government-Furnished Property (GFP) Attachment | 80 |
| D.5 Tampa Home Oxygen Quality Assurance Surveillance Plan (QASP) | 82 |
| SECTION E - SOLICITATION PROVISIONS | 84 |
| E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023) | 84 |
| E.2 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) | 90 |
| E.3 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION FEB 2025) | 93 |
| E.4 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023) | 109 |
| E.5 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) | 110 |
| E.6 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION) | 111 |
| E.7 52.233-2 SERVICE OF PROTEST (SEP 2006) | 111 |
| E.8 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND CERTIFICATIONS (NOV 2025) (DEVIATION) | 112 |
| E.9 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018) | 116 |
| E.10 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 116 |
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:
b. GOVERNMENT: Contracting Officer 36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) 8875 Hidden River Pkwy Suite 525 Tampa FL 33637
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 |
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.
https://www.fsc.va.gov/einvoice.asp ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
| AMENDMENT NO |
| DATE |
B.2 PRICE/COST SCHEDULE
ITEM INFORMATION
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| TOTAL AMOUNT |
| 600.00 |
| EA |
| _______________ |
| ________________ |
Regular Hours: Initial set-up and monthly rental of two (2) 100-pound liquid oxygen reservoirs and 2-3 portable Helios reservoirs or equal.
Contract Period: Base POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 532283 - Home Health Equipment Rental PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies
| 50.00 |
| EA |
| __________________ |
| __________________ |
Regular Hours: Pick-up of two Portables Helios reservoir or equal and two 100-pound liquid oxygen reservoirs. This is an
POP Begin: 10-01-2026 POP End: 09-30-2027
| 100,000.00 |
| EA |
| __________________ |
| __________________ |
Liquid Pounds refill for 100- pound reservoir.
POP Begin: 10-01-2026 POP End: 09-30-2027
| 400.00 |
| EA |
| __________________ |
| __________________ |
Regular Hours: Delivery and set-up H tanks including tank stand and regulator (stand and regulator provided by VA).
POP Begin: 10-01-2026 POP End: 09-30-2027
| 8,000.00 |
| EA |
| __________________ |
| __________________ |
H Tank Rentals.
POP Begin: 10-01-2026 POP End: 09-30-2027
| 400.00 |
| EA |
| __________________ |
| __________________ |
Regular Hours Pick up: H-Tank.
POP Begin: 10-01-2026 POP End: 09-30-2027
| 35,000.00 |
| EA |
| __________________ |
| __________________ |
Average tank refills at VA warehouse and Veterans homes. This is an estimated quantity.
POP Begin: 10-01-2026 POP End: 09-30-2027
| 3,000.00 |
| EA |
| __________________ |
| __________________ |
Ultrasonic Examination to include cleaning, testing, and stamping the cylinder with the new retest date.
POP Begin: 10-01-2026 POP End: 09-30-2027
| 20.00 |
| EA |
| __________________ |
| __________________ |
Emergency/After- Hour/Weekend/Holiday Hours: Initial set-up and monthly rental of two (2) 100-pound liquid oxygen reservoirs and 2-3 portable Helios reservoirs or equal. Pick–up of H –Tank
POP Begin: 10-01-2026 POP End: 09-30-2027
| 10.00 |
| EA |
| __________________ |
| __________________ |
For tanks that are non-retrievable:
POP Begin: 10-01-2026 POP End: 09-30-2027
| 10.00 |
| EA |
| __________________ |
| __________________ |
For tanks that are non- retrievable: Liquid 100 # Res
POP Begin: 10-01-2026 POP End: 09-30-2027
| 10.00 |
| EA |
| __________________ |
| __________________ |
For tanks that are non- retrievable:
POP Begin: 10-01-2026 POP End: 09-30-2027
| 200.00 |
| EA |
| __________________ |
| __________________ |
Concentrator 5L (30 day Patient) Monthly Rental Includes 30 day rental, (E,B,C) Tanks up to 12 tanks of veterans choice and Pickup.
POP Begin: 10-01-2026 POP End: 09-30-2027
| 15.00 |
| EA |
| __________________ |
| __________________ |
Concentrator 10L (30 day Patient) Monthly Rental Includes 30 day rental, (E,B,C) Tanks up to 12 tanks of veterans choice and Pickup.
POP Begin: 10-01-2026 POP End: 09-30-2027
| 200.00 |
| EA |
| __________________ |
| __________________ |
O2 Supplies including Conservers, regulators, Disposables (Cannulas, Connectors, Fire Safe Valves, Racks, Stands, Carry bags / Carts etc
POP Begin: 10-01-2026 POP End: 09-30-2027
| 600.00 |
| EA |
| __________________ |
| __________________ |
Regular Hours: Initial set-up and monthly rental of two (2) 100-pound liquid oxygen reservoirs and 2-3 portable Helios reservoirs or equal.
Contract Period: Option 1 POP Begin: 10-01-2027 POP End: 09-30-2028
| 50.00 |
| EA |
| __________________ |
| __________________ |
Regular Hours: Pick-up of two Portables Helios reservoir or equal and two 100-pound liquid oxygen reservoirs. This is an
POP Begin: 10-01-2027 POP End: 09-30-2028
| 100,000.00 |
| EA |
| __________________ |
| __________________ |
Liquid Pounds refill for 100- pound reservoir.
POP Begin: 10-01-2027 POP End: 09-30-2028
| 400.00 |
| EA |
| __________________ |
| __________________ |
Regular Hours: Delivery and set-up H tanks including tank stand and regulator (stand and regulator provided by VA).
POP Begin: 10-01-2027 POP End: 09-30-2028
| 8,000.00 |
| EA |
| __________________ |
| __________________ |
H Tank Rentals.
POP Begin: 10-01-2027 POP End: 09-30-2028
| 400.00 |
| EA |
| __________________ |
| __________________ |
Regular Hours Pick up: H-Tank.
POP Begin: 10-01-2027 POP End: 09-30-2028
| 35,000.00 |
| EA |
| __________________ |
| __________________ |
Average tank refills at VA warehouse and Veterans homes. This is an estimated quantity.
POP Begin: 10-01-2027 POP End: 09-30-2028
| 3,000.00 |
| EA |
| __________________ |
| __________________ |
Ultrasonic Examination to include cleaning, testing, and stamping the cylinder with the new retest date.
POP Begin: 10-01-2027 POP End: 09-30-2028
| 20.00 |
| EA |
| __________________ |
| __________________ |
Emergency/After- Hour/Weekend/Holiday Hours: Initial set-up and monthly rental of two (2) 100-pound liquid oxygen reservoirs and 2-3 portable Helios reservoirs or equal. Pick–up of H –Tank
POP Begin: 10-01-2027 POP End: 09-30-2028
| 10.00 |
| EA |
| __________________ |
| __________________ |
For tanks that are non-retrievable:
POP Begin: 10-01-2027 POP End: 09-30-2028
| 10.00 |
| EA |
| __________________ |
| __________________ |
For tanks that are non- retrievable: Liquid 100 # Res
POP Begin: 10-01-2027 POP End: 09-30-2028
| 10.00 |
| EA |
| __________________ |
| __________________ |
For tanks that are non- retrievable:
POP Begin: 10-01-2027 POP End: 09-30-2028
| 200.00 |
| EA |
| __________________ |
| __________________ |
Concentrator 5L (30 day Patient) Monthly Rental Includes 30 day rental, (E,B,C) Tanks up to 12 tanks of veterans choice and Pickup.
POP Begin: 10-01-2027 POP End: 09-30-2028
| 15.00 |
| EA |
| __________________ |
| __________________ |
Concentrator 10L (30 day Patient) Monthly Rental Includes 30 day rental, (E,B,C) Tanks up to 12 tanks of veterans choice and Pickup.
POP Begin: 10-01-2027 POP End: 09-30-2028
| 200.00 |
| EA |
| __________________ |
| __________________ |
O2 Supplies including Conservers, regulators, Disposables (Cannulas, Connectors, Fire Safe Valves, Racks, Stands, Carry bags / Carts etc
POP Begin: 10-01-2027 POP End: 09-30-2028
| 600.00 |
| EA |
| __________________ |
| __________________ |
Regular Hours: Initial set-up and monthly rental of two (2) 100-pound liquid oxygen reservoirs and 2-3 portable Helios reservoirs or equal.
Contract Period: Option 2 POP Begin: 10-01-2028 POP End: 09-30-2029
| 50.00 |
| EA |
| __________________ |
| __________________ |
Regular Hours: Pick-up of two Portables Helios reservoir or equal and two 100-pound liquid oxygen reservoirs. This is an
POP Begin: 10-01-2028 POP End: 09-30-2029
| 100,000.00 |
| EA |
| __________________ |
| __________________ |
Liquid Pounds refill for 100- pound reservoir.
POP Begin: 10-01-2028 POP End: 09-30-2029
| 400.00 |
| EA |
| __________________ |
| __________________ |
Regular Hours: Delivery and set-up H tanks including tank stand and regulator (stand and regulator provided by VA).
POP Begin: 10-01-2028 POP End: 09-30-2029
| 8,000.00 |
| EA |
| __________________ |
| __________________ |
H Tank Rentals.
POP Begin: 10-01-2028 POP End: 09-30-2029
| 400.00 |
| EA |
| __________________ |
| __________________ |
Regular Hours Pick up: H-Tank.
POP Begin: 10-01-2028 POP End: 09-30-2029
| 35,000.00 |
| EA |
| __________________ |
| __________________ |
Average tank refills at VA warehouse and Veterans homes. This is an estimated quantity.
POP Begin: 10-01-2028 POP End: 09-30-2029
| 3,000.00 |
| EA |
| __________________ |
| __________________ |
Ultrasonic Examination to include cleaning, testing, and stamping the cylinder with the new retest date.
POP Begin: 10-01-2028 POP End: 09-30-2029
| 20.00 |
| EA |
| __________________ |
| __________________ |
Emergency/After- Hour/Weekend/Holiday Hours: Initial set-up and monthly rental of two (2) 100-pound liquid oxygen reservoirs and 2-3 portable Helios reservoirs or equal. Pick–up of H –Tank
POP Begin: 10-01-2028 POP End: 09-30-2029
| 10.00 |
| EA |
| __________________ |
| __________________ |
For tanks that are non-retrievable:
POP Begin: 10-01-2028 POP End: 09-30-2029
| 10.00 |
| EA |
| __________________ |
| __________________ |
For tanks that are non- retrievable: Liquid 100 # Res
POP Begin: 10-01-2028 POP End: 09-30-2029
| 10.00 |
| EA |
| __________________ |
| __________________ |
For tanks that are non- retrievable:
POP Begin: 10-01-2028 POP End: 09-30-2029
| 200.00 |
| EA |
| __________________ |
| __________________ |
Concentrator 5L (30 day Patient) Monthly Rental Includes 30 day rental, (E,B,C) Tanks up to 12 tanks of veterans choice and Pickup.
POP Begin: 10-01-2028 POP End: 09-30-2029
| 15.00 |
| EA |
| __________________ |
| __________________ |
Concentrator 10L (30 day Patient) Monthly Rental Includes 30 day rental, (E,B,C) Tanks up to 12 tanks of veterans choice and Pickup.
POP Begin: 10-01-2028 POP End: 09-30-2029
| 200.00 |
| EA |
| __________________ |
| __________________ |
O2 Supplies including Conservers, regulators, Disposables (Cannulas, Connectors, Fire Safe Valves, Racks, Stands, Carry bags / Carts etc
POP Begin: 10-01-2028 POP End: 09-30-2029
| 600.00 |
| EA |
| __________________ |
| __________________ |
Regular Hours: Initial set-up and monthly rental of two (2) 100-pound liquid oxygen reservoirs and 2-3 portable Helios reservoirs or equal.
Contract Period: Option 3 POP Begin: 10-01-2029 POP End: 09-30-2030
| 50.00 |
| EA |
| __________________ |
| __________________ |
Regular Hours: Pick-up of two Portables Helios reservoir or equal and two 100-pound liquid oxygen reservoirs. This is an
POP Begin: 10-01-2029 POP End: 09-30-2030
| 100,000.00 |
| EA |
| __________________ |
| __________________ |
Liquid Pounds refill for 100- pound reservoir.
POP Begin: 10-01-2029 POP End: 09-30-2030
| 400.00 |
| EA |
| __________________ |
| __________________ |
Regular Hours: Delivery and set-up H tanks including tank stand and regulator (stand and regulator provided by VA).
POP Begin: 10-01-2029 POP End: 09-30-2030
| 8,000.00 |
| EA |
| __________________ |
| __________________ |
H Tank Rentals.
POP Begin: 10-01-2029 POP End: 09-30-2030
| 400.00 |
| EA |
| __________________ |
| __________________ |
Regular Hours Pick up: H-Tank.
POP Begin: 10-01-2029 POP End: 09-30-2030
| 35,000.00 |
| EA |
| __________________ |
| __________________ |
Average tank refills at VA warehouse and Veterans homes. This is an estimated quantity.
POP Begin: 10-01-2029 POP End: 09-30-2030
| 3,000.00 |
| EA |
| __________________ |
| __________________ |
Ultrasonic Examination to include cleaning, testing, and stamping the cylinder with the new retest date.
POP Begin: 10-01-2029 POP End: 09-30-2030
| 20.00 |
| EA |
| __________________ |
| __________________ |
Emergency/After- Hour/Weekend/Holiday Hours: Initial set-up and monthly rental of two (2) 100-pound liquid oxygen reservoirs and 2-3 portable Helios reservoirs or equal. Pick–up of H –Tank
POP Begin: 10-01-2029 POP End: 09-30-2030
| 10.00 |
| EA |
| __________________ |
| __________________ |
For tanks that are non-retrievable:
POP Begin: 10-01-2029 POP End: 09-30-2030
| 10.00 |
| EA |
| __________________ |
| __________________ |
For tanks that are non- retrievable: Liquid 100 # Res
POP Begin: 10-01-2029 POP End: 09-30-2030
| 10.00 |
| EA |
| __________________ |
| __________________ |
For tanks that are non- retrievable:
POP Begin: 10-01-2029 POP End: 09-30-2030
| 200.00 |
| EA |
| __________________ |
| __________________ |
Concentrator 5L (30 day Patient) Monthly Rental Includes 30 day rental, (E,B,C) Tanks up to 12 tanks of veterans choice and Pickup.
POP Begin: 10-01-2029 POP End: 09-30-2030
| 15.00 |
| EA |
| __________________ |
| __________________ |
Concentrator 10L (30 day Patient) Monthly Rental Includes 30 day rental, (E,B,C) Tanks up to 12 tanks of veterans choice and Pickup.
POP Begin: 10-01-2029 POP End: 09-30-2030
| 200.00 |
| EA |
| __________________ |
| __________________ |
O2 Supplies including Conservers, regulators, Disposables (Cannulas, Connectors, Fire Safe Valves, Racks, Stands, Carry bags / Carts etc
POP Begin: 10-01-2029 POP End: 09-30-2030
| 600.00 |
| EA |
| __________________ |
| __________________ |
Regular Hours: Initial set-up and monthly rental of two (2) 100-pound liquid oxygen reservoirs and 2-3 portable Helios reservoirs or equal.
Contract Period: Option 4 POP Begin: 10-01-2030 POP End: 09-30-2031
| 50.00 |
| EA |
| __________________ |
| __________________ |
Regular Hours: Pick-up of two Portables Helios reservoir or equal and two 100-pound liquid oxygen reservoirs. This is an
POP Begin: 10-01-2030 POP End: 09-30-2031
| 100,000.00 |
| EA |
| __________________ |
| __________________ |
Liquid Pounds refill for 100- pound reservoir.
POP Begin: 10-01-2030 POP End: 09-30-2031
| 400.00 |
| EA |
| __________________ |
| __________________ |
Regular Hours: Delivery and set-up H tanks including tank stand and regulator (stand and regulator provided by VA).
POP Begin: 10-01-2030 POP End: 09-30-2031
| 8,000.00 |
| EA |
| __________________ |
| __________________ |
H Tank Rentals.
POP Begin: 10-01-2030 POP End: 09-30-2031
| 400.00 |
| EA |
| __________________ |
| __________________ |
Regular Hours Pick up: H-Tank.
POP Begin: 10-01-2030 POP End: 09-30-2031
| 35,000.00 |
| EA |
| __________________ |
| __________________ |
Average tank refills at VA warehouse and Veterans homes. This is an estimated quantity.
POP Begin: 10-01-2030 POP End: 09-30-2031
| 3,000.00 |
| EA |
| __________________ |
| __________________ |
Ultrasonic Examination to include cleaning, testing, and stamping the cylinder with the new retest date.
POP Begin: 10-01-2030 POP End: 09-30-2031
| 20.00 |
| EA |
| __________________ |
| __________________ |
Emergency/After- Hour/Weekend/Holiday Hours: Initial set-up and monthly rental of two (2) 100-pound liquid oxygen reservoirs and 2-3 portable Helios reservoirs or equal. Pick–up of H –Tank
POP Begin: 10-01-2030 POP End: 09-30-2031
| 10.00 |
| EA |
| __________________ |
| __________________ |
For tanks that are non-retrievable:
POP Begin: 10-01-2030 POP End: 09-30-2031
| 10.00 |
| EA |
| __________________ |
| __________________ |
For tanks that are non- retrievable: Liquid 100 # Res
POP Begin: 10-01-2030 POP End: 09-30-2031
| 10.00 |
| EA |
| __________________ |
| __________________ |
For tanks that are non- retrievable:
POP Begin: 10-01-2030 POP End: 09-30-2031
| 200.00 |
| EA |
| __________________ |
| __________________ |
Concentrator 5L (30 day Patient) Monthly Rental Includes 30 day rental, (E,B,C) Tanks up to 12 tanks of veterans choice and Pickup.
POP Begin: 10-01-2030 POP End: 09-30-2031
| 15.00 |
| EA |
| __________________ |
| __________________ |
Concentrator 10L (30 day Patient) Monthly Rental Includes 30 day rental, (E,B,C) Tanks up to 12 tanks of veterans choice and Pickup.
POP Begin: 10-01-2030 POP End: 09-30-2031
| 200.00 |
| EA |
| __________________ |
| __________________ |
O2 Supplies including Conservers, regulators, Disposables (Cannulas, Connectors, Fire Safe Valves, Racks, Stands, Carry bags / Carts etc
POP Begin: 10-01-2030 POP End: 09-30-2031
| GRAND TOTAL |
| ________________ |
B.3 DELIVERY SCHEDULE
ITEM NUMBER
DELIVERY DATE
| 0001-4015 |
| SHIP TO: Home Respiratory Care Program (HRCP) 5910-E Breckenridge Park Tampa, FL 33610. Home deliveries will occur at Veteran residences within the HRCP service area as directed by the Government |
FOB Destination
B.4 TAMPA HOME OXYGEN STATEMENT OF WORK
1. General: The Department of Veterans Affairs, VISN 08, James A. Haley Veterans Hospital (JAHVH) located at 13000 Bruce B. Downs Blvd. Tampa, Florida requires home oxygen delivery to Veterans participating in the home oxygen program in the Tampa area.
2. Scope: The Contractor shall furnish all labor, materials, equipment, supplies, supervision, permits, and transportation necessary to provide home oxygen (liquid and cylinder) delivery, set-up, maintenance, and emergency support for Veterans served by the James A. Haley Veterans’ Hospital’s Home Respiratory Care Program (HRCP). For purposes of this Statement of Work (SOW), all requirements that refer to the Contractor shall be understood to also apply to any subcontractors performing work under this contract. The Contractor is responsible for ensuring that all subcontractors comply with all terms, conditions, responsibilities, and performance requirements contained herein.
3. Period of Performance and Options: The contract shall include one (1) base year and four (4) one-year option periods. Rates shall cover normal business hours and after-hours service. The Contractor shall respond to unscheduled service requests within two (2) hours.
4. Place of Performance: Home Respiratory Care Program (HRCP) 5910-E Breckenridge Park Tampa, FL 33610. Home deliveries will occur at Veteran residences within the HRCP service area as directed by the Government (Reference Wage Rates Tampa Counties Attachment under Section D).
5. Estimated Quantities (Non-Guaranteed): The quantities below are estimates only and do not constitute a guarantee of purchase:
· Liquid Reservoir Rentals: 100–150 per month
· Liquid Portable Units: 100–150 per month
· Liquid Oxygen (by weight): ~9,000 pounds per month
· H-Tank Rentals: 700–800 per month (includes switch-out from outgoing vendor)
· Average Cylinder Refills: ~10,000 per month
· Delivery and Set-Up: H-tanks and liquid systems as ordered
· Hurricane Season Readiness: Maintain 400 Aluminum E Oxygen Cylinders from June 1–November 30.
6. Equipment Requirements: Rental liquid oxygen equipment shall be no more than two (2) years old at installation. For each Veteran on liquid oxygen, the Contractor shall provide two (2) 100‑lb companion reservoirs and two portable systems with nasal cannula and carrying bag or portable transport cart. H‑tanks, regulators, and stands shall be provided as required; regulators and stands are Government‑furnished property (GFP). All GFP equipment must be managed per FAR 52.245‑1 and the GFP Transfer Log (Reference GFP Attachment under Section D). All Government-furnished and rented oxygen tanks shall be labeled according to any applicable FDA, DOT, OSHA, or other requirements.
All tanks must meet U.S. Food & Drug Administration (FDA), U.S. Department of Labor, Occupational Safety and Health Administration (OSHA), and Department of Transportation (DOT) labeling requirements. The Contractor shall ensure all equipment and related materials comply with all applicable Federal, State, and local safety requirements. Contractor personnel shall have full working knowledge of these requirements.
7. Contractor Responsibilities: Contractor shall:
· Provide 24/7 emergency service for delivery and repair
· Ensure all tanks meet Federal and State testing requirements
· Provide all supplies necessary for contract performance
· Complete H‑tank transition within 2–3 weeks of award without service interruption
Annual tank testing (hydrostatic or pressure testing per NFPA standards) shall be coordinated with the COR.
The Contractor shall ensure compliance with all applicable regulations, including:
· 21 CFR Parts 210 and 211 (CGMP for medical-grade oxygen)
· 49 CFR (transportation of oxygen)
· Joint Commission (JC) standards
All compliance costs shall be included in the contract price.
8. Installation Standards: All Contractor-owned equipment shall be installed in accordance with installed in accordance with NFPA 55 (Compressed Gases and Cryogenic Fluids Code) and NFPA 99 (Health Care Facilities Code); applicable OSHA and DOT requirements and Current Good Manufacturing Practices (CGMP). requirements. Deliveries, setups, and pickups shall comply with OSHA requirements and shall be coordinated with the HRCP Operations Manager and COR.
9. Delivery and Service Requirements: The Contractor shall provide all equipment and materials necessary to perform contract requirements. Upon receipt of a consultation, HRCP will notify the COR and forward the prescription to the Contractor for delivery. The Contractor shall deliver medical‑grade oxygen that meets United States Pharmacopoeia/National Formulary (U.S.P.) standards. Standard delivery hours: Monday–Friday, 7:30 a.m.–3:00 p.m. Weekend delivery shall be provided when needed to support patient discharges. The Contractor shall provide at least twelve (12) hours’ notice when unable to meet an agreed‑upon delivery window. All deliveries shall be monitored by authorized VA personnel. These requirements apply to all deliveries, regardless of time or day.
a) Patient Identification: The Contractor shall verify Veteran identity using at least two (2) identifiers (full name and date of birth). When the patient is unable to provide this information, a caregiver may verify and present the VA ID card.
The Contractor shall reassess the need for patient education at each delivery and shall complete and document a home safety assessment (fall risk, smoking hazards, smoke detectors, “No Smoking” signage, and all JC-required elements).
b) Cylinder and Tank Refill Requirements: All H‑tanks, E cylinders, M9 BA, and M6 AA cylinders shall be filled to maximum functional capacity unless otherwise specified in writing and approved by the CO.
c) Refill Delivery Schedule: Refill deliveries shall occur Monday–Friday, excluding Federal holidays, between 7:30 a.m. and 3:00 p.m. Weekend delivery shall be provided as required for discharges.
d) Delivery Terms: FOB Destination, Contractor shall bear all transportation costs and risk of loss until acceptance at the point of delivery (veterans’ homes and VA facilities).
e) Delivery Documentation: Each delivery requires signed and dated documentation, countersigned by the facility representative. Prosthetics will audit monthly invoices against prescriptions.
f) Storage and handling at VA sites shall comply with NFPA 55 separation distances and NFPA 99 medical gas storage requirements, as applicable to the equipment supplied.
10. Emergency response plan: The Contractor shall maintain a 24/7 emergency response program capable of providing emergency oxygen delivery within six (6) hours of notification. The plan shall be submitted on the date of contract award.
11. Handling of Government and Patient‑Home Deliveries: The Contractor shall handle, transport, deliver, install, and remove all equipment with due care to prevent loss, damage, or injury. Any incident involving Government property or patient injury shall be reported to the COR immediately.
12. Quality Assurance (QA) Specifications and Requirements: The Contractor shall comply with all requirements listed in sections (a) through (h), including safety reporting, regulatory compliance, Certificate of Analysis (COA) requirements, Safety Data Sheets (SDS) submission, regulatory inspection reporting, transition planning, QA reporting, infection control, and influenza vaccination program standards.
a) Safety Conditions in the Home: The Contractor shall notify the VA designee and/or COR by telephone or email within two (2) hours if any unsafe conditions are observed in the patient’s home that prevent installation or continuation of oxygen services. Unsafe conditions include, but are not limited to:
• Fire safety hazards
• Oxygen safety hazards
• Suspected patient abuse by family or caregivers
• Any condition that places the patient or Contractor staff in immediate danger The Contractor shall provide written documentation of the safety hazard to the VA designee and/or COR within one (1) business day of the incident.
b) Medical Gas Regulatory Compliance: All medical gas manufacturers and fillers shall be registered with the FDA as drug manufacturers. All oxygen must be manufactured, processed, packed, transported, and stored in accordance with FDA CGMP regulations. All labeling shall comply with FDA labeling regulations (21 CFR Part 201).
c) COA: A valid Certificate of Analysis shall accompany each delivery of oxygen. At a minimum, the COA shall include:
• Supplier’s name and complete address
• Product name (e.g., Oxygen U.S.P.)
• Air liquefaction statement, where applicable
• Lot number or unique identification number
• Actual analytical results for all U.S.P. monograph testing (general purity statements alone are not acceptable)
• Test method used for analysis (statements such as “Meets U.S.P. specifications” or “Tested via Servomex” without model number are not acceptable)
• Signature and date from an authorized supplier representative
d) Material Safety Data Sheets (MSDS/SDS): The Contractor shall submit MSDS/SDS for all applicable supplies used under this contract no later than seven (7) business days after contract award.
e) Regulatory Inspection Reports: The Contractor shall submit to the facility COR, HRCP Operations Manager, or designee a copy of all inspection reports conducted by OSHA, Joint Commission, or any other regulatory authority following required oxygen system inspections.
f) Initial Transition and Ongoing Quality Assurance: The Contractor shall begin providing service within 2 to 3 weeks of contract award to replace or purchase 500–550 H tanks owned by the outgoing contractor. No interruption of oxygen service to Veterans is permitted during this transition.
The Contractor shall participate in quarterly QA meetings held at the VA or the Contractor’s location. The Contractor shall provide required quarterly reports per the QA program. During each meeting, the Contractor shall provide:
• Inventory of all equipment
• Detailed list of disposed equipment and supplies
• Quarterly patient satisfaction survey results, including thresholds and improvement plans where thresholds are not met
• Current QA plan
• Hand hygiene monitoring results
• Influenza vaccination program documentation
• Documentation of all employee training and competencies related to servicing liquid oxygen
• Reports of any known patient incidents including death, accident, injury, or infection related to equipment
• Reports of accidents, safety hazards, or injuries
g) Infection Control Requirements: The Contractor shall maintain a hand hygiene program compliant with CDC guidelines. The program must include:
• A written hand hygiene policy
• A culture that supports hand hygiene compliance
• A process for monitoring compliance and providing feedback
• Defined thresholds and improvement plans when thresholds are not met The Contractor shall provide quarterly hand hygiene compliance documentation to the COR.
h) Influenza Vaccination Program: The Contractor shall maintain an influenza vaccination program for staff, including:
• Incremental goals toward meeting a 90% vaccination target
• Measurement and continuous improvement of vaccination rates for staff and licensed independent practitioners
• Defined thresholds and corrective action plans when thresholds are not met The Contractor shall provide quarterly documentation of influenza vaccination program performance to the COR.
13. Safety Requirements: The Contractor shall take all safety precautions determined by the Contracting Officer, COR, and/or designee to be reasonably necessary to protect the lives and health of all persons affected by this contract. The Contracting Officer or COR shall notify the Contractor of any noncompliance with safety requirements and identify corrective actions to be taken. Upon receipt of such notice, the Contractor shall immediately correct the cited conditions. Notice provided to the Contractor or its on‑site representative shall be deemed sufficient. Failure to correct safety deficiencies may result in action under FAR 52.212‑4 or FAR 52.249.The Contractor shall provide the following emergent patient safety reports within the timeframes specified below:
i) Sentinel Events: The Contractor shall notify the VA designee and/or COR within one (1) business day of any sentinel event, as defined by the Joint Commission (JC), that occurs during contract performance and involves a patient. The Contractor shall conduct a Root Cause Analysis (RCA) and submit a written report to the VA designee and/or COR within thirty (30) days of the initial notification. The report shall include a corrective action plan. The Contractor shall provide monthly status updates on corrective actions for a minimum of twelve (12) months or until all actions are completed.
j) Refusal of Service Against Medical Advice (AMA): Patients have the right to refuse service. If a patient refuses service (oxygen delivery, equipment pick-up, or setup), or instructs that equipment be removed from the home, the Contractor shall comply and report the circumstances of the refusal to the VA designee and/or COR within one (1) business day.
k) Reports of Abuse or Neglect: The Contractor shall report any suspected incidents of abuse or neglect involving the patient or caregivers. Reports shall be made within one (1) business day to the VA designee and/or COR and to the appropriate adult protective services agency. The Contractor shall comply with all applicable Federal, State, and local laws governing mandatory reporting.
14. Qualifications and Training: All personnel must complete required training and demonstrate competency prior to assignment. Training documentation shall be provided to the COR and HRCP Operations Manager.
15. Competency Of Personnel Servicing Equipment: The Contractor shall maintain a staffed office with fully qualified Service Representatives who meet all training and experience requirements. Training records and certifications must be provided prior to award. The VA will assist with competency folders and position descriptions as needed.
16. Service Manuals: The Contractor shall provide service manuals, when applicable, for all equipment furnished or serviced. All operational and technical documentation necessary for installation, delivery, servicing, and performance shall be maintained and made available to HRCP.
17. Government Roles and COR Authority: The COR will be designated in writing. The COR may provide technical direction within scope but cannot change contract terms, price, or schedule. The Contractor shall contact the COR within ten (10) days of award for coordination.
18. Deliverables and Invoicing: Delivery tickets with serial numbers and quantities dispensed shall be signed at each delivery. Monthly invoices shall be submitted for audit and payment.
19. Federal Holidays: Standard Federal holidays apply. HRCP will notify the Contractor when refills are not required. Emergency service must remain available 24/7.
20. Permits and Licenses: The Contractor shall maintain all required Federal, State, and local permits and licenses throughout the period of performance and provide copies at award. Failure to provide such permits, licenses, or evidence of appropriate progress toward receipt of such permits, licenses shall be grounds to terminate the contract. In addition, contract termination shall result if the required documents are subsequently denied or withdrawn by the local authorities. Application, justification, fees, and certifications for any licensure required are entirely the responsibility of the Contractor. Contractor shall ensure that all employees receive the mandatory training, if applicable to this contract, as required by OSHA, JC, and shall comply with all standards and/or requirements.
21. Insurance: The Contractor shall maintain Workers’ Compensation and Public Liability insurance in accordance with State of Florida requirements. Provide proof of insurance within ten (10) calendar days after award. The contractor will notify the CO immediately of any changes in insurance coverage. Failure to submit documentation regarding the above insurance requirement shall be grounds to terminate the contract.
22. Personnel and Conduct: Contractor personnel shall be qualified, wear visible identification, maintain professional appearance and behavior, and comply with all VA property and patient interaction requirements. Contractor employees shall be well-groomed, and neat in appearance. Contractor employees shall be in uniform with nametags. Contractor employees shall not wear any offensive clothing with slogans, drawings, or language which could be construed as being lewd, obscene, profane, racially offensive, sexually suggestive, and anti-American or which advocates the use of illegal drugs or other unlawful conduct. Contractor employees shall conduct themselves in a socially acceptable manner. Loudness, vulgarity, rudeness, or other similar offensive conduct by an employee of the Contractor will be grounds for denying the employee further access to the VA premises. Contractor employees shall not consume alcohol or illegal drugs during working hours or at any other time the employees are performing work under this SOW.
23. Personnel Identification: The Contractor shall provide ID badges at its own expense. Badges must be worn at all times and collected upon employee departure. Personnel are subject to inspection while on VA premises.
24. Vehicles and Markings: Vehicles shall be fully operational and marked with the Contractor’s name, phone number, state license tag, and required regulatory identifiers.
25. Security and Background Checks: The Contractor shall bear the cost of all background investigations and comply with VA security procedures. Costs for OPM investigations may be deducted from the first invoice.
26. Health Insurance Portability and Accountability (HIPAA) and Confidentiality: The Contractor shall comply with all applicable requirements of HIPAA and the VA’s protected health information (PHI) and shall execute a Business Associate Agreement (BAA), and comply with VAAR 824.103-70 and 852.204-71, prior to the start of any performance involving PHI (Reference BAA Attachment under Section D). Confidentiality agreements shall be signed before work begins. The Contractor’s personnel shall comply with the Privacy Act of 1974 and all applicable Federal laws, regulations, VA policies, and directives governing the protection of sensitive information during and after performance of this contract. Because confidential medical information may be accessible or visible to Contractor personnel during the performance of their duties, the Contractor shall obtain a signed confidentiality certificate from each employee prior to allowing them to begin work under this contract. Any information about an individual that is maintained by the VA including, but not limited to, education, financial transactions, medical history, criminal or employment history, or any record containing the individual’s name, identifying number, symbol, or other unique identifier shall be treated as confidential at all times. A copy of each employee’s signed confidentiality certificate shall be provided to the COR upon request.
27. Non-Personal Services Statement: This is a non‑personal services contract. Contractor personnel are not VA employees and shall be supervised solely by the Contractor. Government quality assurance monitoring does not constitute supervision.
28. Review and Acceptance: The CO or COR may review services and records at any time. Payment may be withheld for unsupported or improper services.
29. Contractor Management: The Contractor shall designate a Point of Contact (POC) and an authorized alternate available during all hours of contract performance.
30. Key Personnel: Key personnel include the Contract Manager and any individuals designated by the offeror and approved by the Government. The Contractor shall notify the CO within two (2) business days of any changes.
31. Post‑Award/Kick Off Conference: A Post‑Award Conference may be held at a time and place designated by the CO.
32. Reviews: The CO or COR may conduct on‑site surveys, record reviews, or other evaluations. Records must be provided upon request. Payment may be denied for unnecessary or unsupported services.
33. Performance: The Government will monitor performance in accordance with the Quality Assurance Surveillance Plan (Reference QASP Attachment under Section D).
36C24826R0088
34. Contract Award and Administration: Only the Contracting Officer may modify contract terms. Unauthorized changes made at the direction of non‑CO personnel will not result in price adjustments. Entities listed on the HHS/OIG Exclusions List are ineligible for contract award or payment.
Page 1 of Page 1 of
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…
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