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

603-27-1-429-0001

36C24927Q0003

Ryan Mick/ Ryan.Mick@va.gov 423-979-1408 11-17-2026

10AM EDT

Department of Veterans Affairs Network Contracting Office 9 (90C)

1639 Medical Center Parkway, Suite 204 Murfreesboro TN 37129

X 100

X

325120

1200 Employees

Net 30

N/A

X

Louisville New VA Medical Center

4906 Brownsboro Road Louisville KY 40222

90C

Network Contracting Office 9 Department of Veterans Affairs

1639 Medical Center Parkway Suite 204 Murfreesboro TN 37129

90C

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

Setup 1-877-489-6135

See CONTINUATION Page

This is an RFQ conducted in accordance with (IAW) FAR Overhaul 19.106-2(b).

Delivery/Government POC: Alexander Temnik, Engineering Service, alexander.temnik3@va.gov, 573-718-6737.

Alternate POC: Raymond Manis, Engineering Service, Raymond.Manis@va.gov, 573-718-6737.

Questions must be emailed to the person in box 7 above no later than two business days before the offer due date.

This is an "all-or-none" single award firm fixed price.

See CONTINUATION Page

X X

Elizabeth Trimm Contracting Officer

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 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 (OCT 2025) (DEVIATION)

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...26

C.4 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL

LABOR RELATIONS ACT (NOV 2025) (DEVIATION)

C.5 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS

(DEVIATION APR 2026)

C.6 52.223-23 SUSTAINABLE PRODUCTS (NOV 2025) (DEVIATION)

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

(DEVIATION)

C.8 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

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

(DEVIATION)

C.9 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

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

SECTION D - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

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

SERVICES (OCT 2025) (DEVIATION)

D.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

D.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

D.5 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS

AND CERTIFICATIONS (NOV 2025) (DEVIATION)

D.6 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023)

D.7 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:

b. GOVERNMENT:

Network Contracting Office 9 (90C) 1639 Medical Center Parkway, Suite 204 Murfreesboro TN 37129

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

3. INVOICES: Invoices shall be submitted in arrears:

[X] After government receipt of items.

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.fsc.va.gov/fsc/einvoice.asp

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

AMENDMENT NO DATE

None

B.2 PRICE/COST SCHEDULE

Offeror must complete unit price, amount, grand total.

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT

UNIT

PRICE AMOUNT

1.00 EA _____________ ___________

Install Bulk tank system and components Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6835 - Medical Gases

12.00 MO _____________ ___________

Monthly Tank Rental Including PMR & O

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas

Monthly Continuous Monitoring

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas

Testing and Inspection Services

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas

15,500.00 CCF _____________ ___________

Medical Grade Liquid oxygen Tank filling

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas

System Verification Testing (Entire Facility)

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas

650.00 CCF _____________ ___________

Emergency Medical Grade Liquid oxygen Tank filling

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas

De installation of Bulk Oxygen Tank System and Temporary Portable Oxygen System (If Required) Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas

Contract Period: Option 1 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas

650.00 CCF __________ ___________

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas

Contract Period: Option 1 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas

Contract Period: Option 2 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas

Contract Period: Option 2 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas

Contract Period: Option 3 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas

Contract Period: Option 3 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas

Contract Period: Option 4 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas

Contract Period: Option 4 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas

GRAND TOTAL ___________

Offeror must complete unit price, amount, grand total.

B.3 DELIVERY SCHEDULE

Offeror to complete identifying estimated time that these items will be in the Government’s hands upon notification of the delivery request.

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

0001-

SHIP TO: Louisville New VA Medical Center 4906 Brownsboro Road Louisville, KY 40222

USA

All

FOB: DESTINATION

1001-

SHIP TO: Louisville New VA Medical Center 4906 Brownsboro Road Louisville, KY 40222

2001-

SHIP TO: Louisville New VA Medical Center 4906 Brownsboro Road Louisville, KY 40222

3001-

SHIP TO: Louisville New VA Medical Center 4906 Brownsboro Road Louisville, KY 40222

4001-

SHIP TO: Louisville New VA Medical Center 4906 Brownsboro Road Louisville, KY 40222

B.4 STATEMENT OF WORK

1. BACKGROUND

Robley Rex VA Medical Center requires the provision of medical-grade liquid oxygen, a bulk oxygen tank system, and verification of all medical gas and vacuum systems throughout the entire facility, to support activation of the new facility currently under construction at 4906 Brownsboro Road, Louisville, Kentucky.

The bulk oxygen tank system will support verification and activation of the oxygen distribution system.

Following successful verification and acceptance, the oxygen system will support healthcare and laboratory operations for patients and staff at the new medical center. Medical air, medical vacuum, waste-anesthesia, and related medical support gas systems will be tested and verified.

All tests shall be performed by qualified and certified personnel in accordance with NFPA 99 requirements.

Certification and Accreditation requirements do not apply to this requirement. A security accreditation package is not required because Contractor personnel will not access VA information systems.

All work shall comply with the latest applicable federal, state, and local regulations, as well as VA and NFPA requirements, such as NFPA 99 Health Care Facilities Code.

2. REFERENCES

2.1 References

The Contractor shall comply with the latest versions of the following standards and regulations:

1. 21 CFR Part 210 – Current Good Manufacturing Practice in Manufacturing, Processing, Packing, or Holding of Drugs

2. 21 CFR Part 211 – Current Good Manufacturing Practice for Finished Pharmaceuticals

3. 21 CFR Part 201 – Labeling Requirements

4. 29 CFR 1910.104 – Oxygen Systems (OSHA Standard)

5. 49 CFR – Hazardous Materials Regulations (DOT)

6. NFPA 55 – Compressed Gases and Cryogenic Fluids Code

7. NFPA 99 – Health Care Facilities Code

8. USP-NF (United States Pharmacopeia and National Formulary

9. ANSI/CGA M-1 – Standard for Medical Gas Supply Systems at Health Care Facilities

10. CGA P-6 – Standard Density Data for Atmospheric Gases and Hydrogen

11. ASSE Series 6000 - Medical Gas Systems Personnel Qualifications.

12. VHA Directive 7515(1) – Medical Gas and Vacuum Systems

13. All other applicable codes/standards.

2.2 Acronyms:

ASSE – American Society of Sanitary Engineers CFR – Code of Federal Regulations CGA – Compressed Gas Association CGMP – Current Good Manufacturing Practice CO – Contracting Officer COR – Contracting Officer Representative NFPA – National Fire Protection Association

OSHA – Occupational Safety and Health Administration PPE – Personal Protective Equipment USACE – United States Army Corps of Engineers VA – Department of Veterans Affairs.

3. SCOPE

The Contractor shall provide a medical-grade liquid oxygen (LOX) bulk tank system and oxygen supply services for the new Robley Rex VA Medical Center.

The Contractor shall provide, install, maintain, operate, inspect, test, verify, monitor, and refill the bulk liquid oxygen tank system and all associated components to ensure the system continuously delivers the required pressure and flow for uninterrupted hospital operations at all times.

The Contractor shall test and verify all medical gas and vacuum systems throughout the entire facility in accordance with NFPA 99 requirements. Verification shall include all outlets, source equipment, piping systems, alarms, and associated components.

All equipment and services shall comply with applicable FDA, USP-NF, NFPA, CGA, ASSE, OSHA, and other federal, state, and local regulations governing medical gas systems.

The Contractor shall provide an approximately 6,000-gallon primary liquid oxygen tank and a 900-gallon reserve tank sized to support the estimated peak demand of 147 SCFM and an estimated continuous demand of 56 SCFM.

The Contractor shall provide all associated system components including but not limited to vaporizers, regulators, alarms, monitoring equipment, electrical components, and piping necessary to deliver oxygen to the facility connection point.

A. COORDINATION AND PRE-PLANNING

The Contractor shall coordinate installation and testing activities with the POC.

Coordination shall include:

• Site access

• Traffic control

• Installation scheduling

• Connection points

• Electrical power

• Alarm system wiring

• Construction safety requirements

• Integration with Building Automation System (BAS)

• Utility coordination (electrical, underground, and other side services)

• Crane and rigging coordination for tank delivery and placement

• Coordination of system tie-ins and any required shutdowns with facility operations

• Delivery access and routing for bulk oxygen supply and filling operations

• Coordination with COR and VA Facilities Engineering staff

Schedule Requirements:

Within 30 calendar days after contract award, the Contractor shall conduct an on-site existing condition survey with the POC.

Within 5 calendar days after the site visit, the Contractor shall submit a report identifying discrepancies, deficiencies, or site conditions affecting installation.

Within 14 calendar days after submission of the report, the Contractor shall submit preliminary layout drawings, size calculations, wiring diagrams, installation plans for POC review and approval.

B. BULK TANK SYSTEM INSTALLATION

The POC will coordinate with USACE to prepare the site for installation of the bulk liquid oxygen tank system. After substantial completion, the POC will coordinate with the Contractor to mobilize and complete installation of the bulk liquid oxygen tank system, including all associated components, materials, equipment, tools, and labor required for a fully operational system.

Installation shall include:

• Tank placement and anchoring

• Piping connections to the facility oxygen main

• Installation of vaporizers

• Electrical conduit and power connections

• Alarm system wiring

• Monitoring systems

• Remote monitoring capability

The Contractor shall install hazard communication signage, equipment identification tags, and emergency contact information.

The Contractor shall maintain insulation and equipment to minimize ice buildup.

The Contractor shall clean the site and restore any disturbed areas including pavement, curbs, and landscaping.

Installation shall be performed in accordance with manufacturer requirements and applicable codes and standards.

C. System Verification and Certification Testing

The Contractor shall perform system verification testing in accordance with NFPA 99 (latest edition), Chapter 5 requirements for Category 1 medical gas systems.

The Contractor shall test and complete verification of all medical gas and vacuum systems throughout the entire facility. Verification shall include all outlets, source equipment, piping systems, alarms, and associated components.

All verification testing shall be performed by a qualified ASSE 6030 Medical Gas Systems Verifier independent of the Contractor’s installation activities.

Verification testing shall be completed prior to system activation. The Contractor shall submit all verification test results and documentation to the POC for review and acceptance prior to placing the system into service.

All testing shall be documented and traceable to applicable NFPA 99 test procedures.

D. SAFETY AND OSHA COMPLIANCE

Safety Requirements

The Contractor shall comply with all applicable Occupational Safety and Health Administration (OSHA) regulations, NFPA standards, VA safety policies, and local safety requirements. Safety Data Sheets shall be provided to the COR.

The Contractor shall be responsible for maintaining a safe working environment and shall ensure that all personnel are properly trained in safety procedures related to cryogenic liquids and compressed gases.

All Contractor personnel shall wear appropriate Personal Protective Equipment (PPE) while performing work on VA property.

The Contractor shall immediately report all accidents, injuries, or safety incidents to the COR and VA Police if required.

E. WORK HOURS / ACCESS TO FACILITY CLAUSE

Hours of Work and Facility Access

Normal working hours for this contract shall be 7:30 AM to 5:00 PM Monday through Friday, excluding Federal holidays.

Work outside normal hours, including weekends or holidays, must be coordinated in advance with the POC.

The VA will provide reasonable access to the work site; however, the Contractor shall coordinate all access requirements with the POC and comply with all VA security procedures.

F. DELIVERABLES AND DOCUMENTATION

The Contractor shall provide documentation for all services performed under this contract.

Documentation shall include, at a minimum:

• Design and installation drawings

• Inspection reports

• Maintenance and service reports

• Oxygen delivery and refill records

• Delivery tickets/slips

• System verification and certification test results (NFPA 99)

• Alarm system test documentation

• As-built drawings reflecting final installed conditions.

All documentation shall be submitted to the COR within fourteen (14) calendar days after completion of the associated activity, unless otherwise required by POC.

Documentation shall be provided in electronic format unless otherwise requested by the POC.

All documentation shall be complete, accurate, and organized to support system operation, maintenance, and regulatory compliance.

G. MASTER ALARM FUNCTIONS

The Contractor shall install alarm systems in accordance with NFPA 99 (latest edition).

The alarm system shall include, at a minimum:

• Primary liquid oxygen low level alarm

• Reserve switchover alarm

• Reserve low supply alarm

• Reserve low pressure alarm

• Low pressure alarm

• High pressure alarm

• Cylinder reserve pressure low alarm

• Emergency oxygen connection alarms

• Any additional alarms required by applicable codes

H. ALARM PANEL REQUIREMENTS

Alarm panels shall be located as required by NFPA 99 and approved by the POC.

Alarm panels shall meet the following requirements:

• Modular design for serviceability

• Low-voltage AC operation

• Spare capacity for future alarm points

• Red LED visual alarm indicators

• Audible alarm system

• Manual test button labeled “PUSH TO TEST”

• Integration with the Building Automation System (BAS).

Audible alarms shall activate whenever a fault condition occurs and remain active until acknowledged.

I. SYSTEM INSPECTION AND ACCEPTANCE

Prior to initial oxygen filling and system activation, the Contractor shall complete all required inspections and testing in accordance with NFPA 99 and all applicable codes and standards

The Contractor shall notify the POC upon completion of installation and testing to schedule a final inspection.

Testing shall be witnessed by the POC or alternate and performed by an ASSE 6030 certified medical gas verifier who is independent of the Contractor, in accordance with NFPA 99 requirements.

All deficiencies shall be corrected prior to system acceptance.

After successful verification and approval by the POC, the bulk tank system shall be accepted and placed into operational service.

The rental period shall begin upon POC acceptance.

Verification documentation shall be submitted to the POC prior to system activation.

The system shall not be placed into service until written acceptance by the POC.

J. MAINTENANCE AND OPERATIONS

The Contractor shall provide continuous monitoring, operation, and maintenance of the bulk liquid oxygen tank system to ensure reliable and uninterrupted service.

Maintenance services shall include:

• Preventative maintenance

• Routine inspections

• Alarm testing

• System calibration

• Repair equipment and replacement if necessary

The Contractor shall develop and provide written procedures for:

• Oxygen filling procedures

• Emergency response procedures

• Ice buildup prevention and mitigation

• Preventive and corrective maintenance procedures

The Contractor shall maintain records of all inspections, maintenance activities, and filling operations.

All documentation of inspections, maintenance, and filling operations shall be submitted to the COR within fourteen (14) calendar days of completion, unless otherwise directed by the POC.

K. FILLING OPERATIONS AND DELIVERY SCHEDULE

The Contractor shall deliver medical-grade liquid oxygen (LOX) and refill the bulk tank system as required to maintain continuous and uninterrupted supply.

Each delivery shall include:

• Delivery ticket/slip

• Tank level documentation (pre- and post- fill levels)

• Quantity delivered

• Certificate of Analysis (COA) for medical -grade oxygen

Deliveries shall be scheduled to ensure the primary tank does not fall below safe operational levels; initial deliveries shall occur when the primary talk reaches approximately 50 percent capacity.

After approximately ninety (90) days of operation, the Contractor shall establish a routine delivery schedule based on actual usage data and facility demand.

The Contractor shall monitor talk level and adjust delivery frequency as necessary to prevent supply interruption.

Deliveries shall normally occur during regular business hours unless otherwise approved by the

POC.

The Contractor shall provide emergency delivery services as required to support uninterrupted hospital operations.

L. TRAINING

Training shall be conducted after system commissioning and prior to operational use.

The Contractor shall develop and provide up to three (3) on-site training sessions for VA personnel.

Training shall include:

• System operation and normal use

• Emergency response procedures

• Preventative maintenance awareness

• Alarm system operation and response

Training materials shall be provided in electronic format.

The Contractor shall coordinate training schedule with the POC.

M. EMERGENCY SERVICES

The Contractor shall provide emergency oxygen delivery services to ensure uninterrupted facility operations.

Emergency refilling shall occur within twenty-four (24) hours of notification by the POC or facility representative.

The Contractor shall provide 24/7 emergency contact information and response capability

The Contract shall prioritize emergency deliveries and take all necessary action to prevent disruption of oxygen supply.

N. PERSONNEL

The Contractor shall ensure all personnel are properly trained, qualified, and authorized to perform assigned work.

Contractor personnel shall meet the following requirements:

• Installers must meet ASSE 6015 certification requirements.

• Verifiers must meet ASSE 6030 certification requirements.

• Personnel shall have at least two (2) years of relevant experience.

Contractor personnel shall conduct themselves in the professional manner and comply with all VA safety procedures and security policies, including the prohibition of smoking, vaping, and tobacco use on VA property.

O. DE-INSTALLATION OF BULK TANK SYSTEM

The Contractor shall develop and submit a de-installation plan for POC review and approval six months prior to removal of the bulk oxygen tank system.

The plan shall include provisions for maintaining continuous oxygen supply to the facility during de-installation.

Temporary portable oxygen systems shall be installed at the facility connection point, inspected, and tested prior to use.

The Contractor shall not remove the permanent bulk tank system until the temporary oxygen supply system is fully operational and approved by the POC.

The Contractor shall safely remove all equipment and restore the site to its original condition, including concrete pads, piping, electrical connections, and surrounding areas.

All de-installation activities shall comply with applicable NFPA, OSHA, and environmental regulations

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) 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.

(c) 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.

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

(e) 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 FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(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. Examples of occurrences include 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. When an excusable delay occurs, the Contractor shall—

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(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) 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 that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) 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;

(D) Contractor point of contact; and

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

(5) 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 FAR part 33 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 FAR part 32).

(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 termination for cause.

(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 for interest credits prescribed in FAR part 32 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 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. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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

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

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

(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C.

chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract,

(5) Solicitation provisions incorporated in the solicitation.

(6) Other paragraphs of this clause.

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

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

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

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

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

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

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This clause does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

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

(End of Clause)

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

PRODUCTS AND COMMERCIAL SERVICES

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

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

(End of Addendum to 52.212-4)

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days of contract expiration.

(End of Clause)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR

2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause)

C.4 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE

NATIONAL LABOR RELATIONS ACT (NOV 2025) (DEVIATION)

(a) During the term of this contract, the Contractor must post an employee notice, of such size and in such form, and containing such content as prescribed by the Secretary of Labor, in conspicuous places in and about its plants and offices where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract, including all places where notices to employees are customarily posted both physically and electronically, in the languages employees speak, in accordance with 29 CFR 471.2(d) and (f).

(1) Physical posting of the employee notice must be in conspicuous places in and about the Contractor's plants and offices so that the notice is prominent and readily seen by employees who are covered by the National Labor Relations Act and engage in activities related to the performance of the contract.

(2) If the Contractor customarily posts notices to employees electronically, then the Contractor must also post the required notice electronically by displaying prominently, on any Web site that is maintained by the Contractor and is customarily used for notices to employees about terms and conditions of employment, a link to the Department of Labor's Web site that contains the full text of the poster. The link to the Department's Web site, as referenced in (b)(3) of this section, must read, "Important Notice about Employee Rights to Organize and Bargain Collectively with Their Employers."

(b) This required employee notice, printed by the Department of Labor, may be—

(1) Obtained from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N-5609, Washington, DC 20210, (202) 693-0123, or from any field office of the Office of Labor- Management Standards or Office of Federal Contract Compliance Programs;

(2) Provided by the Federal contracting agency if requested;

(3) Downloaded from the Office of Labor-Management Standards Web site at http://www.dol.gov/olms/regs/compliance/EO13496.htm; or

(4) Reproduced and used as exact duplicate copies of the Department of Labor's official poster.

(c) The required text of the employee notice referred to in this clause is located at Appendix A, Subpart A, 29 CFR Part 471.

(d) The Contractor must comply with all provisions of the employee notice and related rules, regulations, and orders of the Secretary of Labor.

(e) In the event that the Contractor does not comply with the requirements set forth in paragraphs (a) through (d) of this clause, this contract may be terminated or suspended in whole or in part, and the Contractor may be suspended or debarred in accordance with 29 CFR

471.14 and subpart 9.4. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 471, which implements Executive Order 13496 or as otherwise provided by law.

http://www.dol.gov/olms/regs/compliance/EO13496.htm

(f) Subcontracts.

(1) The Contractor must include the substance of this clause, including this paragraph (f), in every subcontract that exceeds $10,000 and will be performed wholly or partially in the United States, unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to section 3 of Executive Order 13496 of January 30, 2009, so that such provisions will be binding upon each subcontractor.

(2) The Contractor must not procure supplies or services in a way designed to avoid the applicability of Executive Order 13496 or this clause.

(3) The Contractor must take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means of enforcing such provisions, including the imposition of sanctions for noncompliance.

(4) However, if the Contractor becomes involved in litigation with a subcontractor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.

(End of Clause)

C.5 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL

CONTRACTORS (DEVIATION APR 2026)

(a)Definitions. As used in this clause—

Program participation means membership or participation in, or access or admission to:

training, mentoring, or leadership development programs; educational opportunities; clubs;

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

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

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

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

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

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

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

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

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

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

(End of Clause)

C.6 52.223-23 SUSTAINABLE PRODUCTS (NOV 2025) (DEVIATION)

(a) Definitions. As used in this clause—

Sustainable products means—

(1) A product that contains recovered material designated by the EPA under the Comprehensive Procurement Guidelines (42 U.S.C. 6962) (40 CFR part 247) (https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products).

(2) An energy-efficient product or low standby power device (42 U.S.C. 8259b) (10 CFR part 436, subpart C) (https://www.energy.gov/femp/search-energy-efficient-products, https://www.energystar.gov/products?s=mega, and https://www.energy.gov/femp/low-standby-power-product-list).

(3) A biobased product that meets the content requirements of the USDA under the BioPreferred® program (7 U.S.C. 8102) (7 CFR Part 4270) (https://www.biopreferred.gov/)

(4) A substance identified in the EPA’s Significant New Alternatives Policy (SNAP) program as a safe alternative to an ozone-depleting substance (42 U.S.C. 7671l) (40 CFR part 82, subpart G) (https://www.epa.gov/snap/unacceptable-and-acceptable-substitutes-tables).

(b) Requirements. The Government has identified in the statement of work or elsewhere in the contract the sustainable products that are required during the performance of this contract.