36C24927Q0022 RFQ.pdf

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

36C24927Q0022

Ryan Mick/ Ryan.Mick@va.gov 423-979-1408 12-07-2026

10AM EST

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

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, 717-908-9541.

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 11-25-2026.

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) ...27

C.4 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS

(DEVIATION APR 2026)

C.5 52.223-23 SUSTAINABLE PRODUCTS (NOV 2025) (DEVIATION)

C.6 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

C.7 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

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

(DEVIATION)

C.8 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

C.9 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 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS

AND CERTIFICATIONS (NOV 2025) (DEVIATION)

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

D.5 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023)

D.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT:

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

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. Anticipated award in January 2027 would start immediately for a Spring 2027 tank/equipment installation. We will have to coordinate the system testing and verification pieces with the construction contractor, pending inspection/testing and acceptance by USACE. First Patient Date, requiring oxygen services, is estimated for April 2028.

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

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas

Testing, Inspection, Maintenance and Reporting Services

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas

6,900.00 GL ________________ ________________

Initial Filling Medical Grade Liquid Oxygen Supply (6000

US-Gallon Primary Tank and 900 US-Gallon Emergency Reserve Tank) Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas

System Verification Testing (Entire Facility)

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas

12.00 MO ________________ ________________

Contract Period: Option 1 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas

Contract Period: Option 1 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas

6,900.00 GL ________________ ________________

Emergency Medical Grade Liquid Oxygen Supply and

Refill (6000 US-Gallon Primary Tank and 900 US-Gallon Emergency Reserve Tank) (AS Needed) Contract Period: Option 1 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas

288,000.00 GL ________________ ________________

Medical Grade Liquid Oxygen Tank filling (Estimated per

Year Usage) Contract Period: Option 1 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas

1.00 EA _________________ _________________

Temporary Portable Oxygen System (If Required)

Contract Period: Option 1 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas

De installation of Bulk Oxygen Tank System (If Required)

Contract Period: Option 1 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas

12.00 MO _________________ _________________

Contract Period: Option 2 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas

Contract Period: Option 2 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas

6,900.00 GL _________________ _________________

Refill (6000 US-Gallon Primary Tank and 900 US-Gallon Emergency Reserve Tank) (AS Needed) Contract Period: Option 2 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas

288,000.00 GL _________________ _________________

Year Usage) Contract Period: Option 2 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas

Contract Period: Option 2

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

Contract Period: Option 3 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas

Refill (6000 US-Gallon Primary Tank and 900 US-Gallon Emergency Reserve Tank) (AS Needed) Contract Period: Option 3 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas

Year Usage) Contract Period: Option 3 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 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

Contract Period: Option 4 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas

Refill (6000 US-Gallon Primary Tank and 900 US-Gallon Emergency Reserve Tank) (AS Needed) Contract Period: Option 4 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas

Year Usage) Contract Period: Option 4

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas

Contract Period: Option 4 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 _________________

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

0001-0005 SHIP TO: Louisville New VA Medical Center 4906 Brownsboro Road Louisville, KY 40222

USA

ALL

FOB: DESTINATION

1002- 1004,1006-

SHIP TO: Louisville New VA Medical Center 4906 Brownsboro Road

2002- 2004,2006-

SHIP TO: Louisville New VA Medical Center 4906 Brownsboro Road

3002- 3004,3006-

SHIP TO: Louisville New VA Medical Center 4906 Brownsboro Road

4002- 4004,4006-

SHIP TO: Louisville New VA Medical Center 4906 Brownsboro Road

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 AND ACRONYMS

2.1 References

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

Robley Rex VA Medical Center

STATEMENT OF WORK

Medical-Grade Liquid Oxygen Activation and Bulk Tank System Support Services

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 CFM – Construction and Facilities Management CO – Contracting Officer COA – Certificate of Analysis COR – Contracting Officer Representative FDA – Food and Drug Administration LOX – Liquid Oxygen NFPA – National Fire Protection Association OSHA – Occupational Safety and Health Administration PPE – Personal Protective Equipment SCFM – Standard Cubic Feet per Minute USACE – United States Army Corps of Engineers USP-NF – United States Pharmacopeia-National Formulary 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. If the tank size is too large or too small to support 96 hours of supply to meet Joint Commission requirements during peak demand, contractor to propose a suitable tank size and associated equipment.

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 COR.

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 COR.

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 COR review and approval.

B. BULK TANK SYSTEM INSTALLATION

The COR will coordinate with USACE to prepare the site for installation of the bulk liquid oxygen tank system. After substantial completion, the COR 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

• Security fencing, or modifications of existing

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 COR 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 OSHA regulations, NFPA standards, VA safety policies, and local safety requirements. Safety Data Sheets shall be provided with the COR.

The site is currently under construction; coordination may be required with the construction contractor to meet their site-specific safety requirements, including OSHA training, on-site training, and PPE requirements while work is occurring. 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 USACE/CFM, 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 COR. The VA will coordinate with USACE/CFM to provide reasonable access to the work site; however, the Contractor shall coordinate all access requirements with the COR and comply with all contractor requirements.

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 COR.

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

All documentation shall be complete, certified, 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 COR.

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 and corrected.

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 COR upon completion of installation and testing to schedule a final inspection. Full system testing and verification shall be witnessed by the COR 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 COR, the bulk tank system shall be accepted and placed into operational service. The rental period shall begin upon COR acceptance.

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

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

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 COR.

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 tank level and adjust delivery frequency as necessary to prevent supply interruption. Deliveries shall normally occur during regular business hours unless otherwise approved by the COR. 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 COR.

M. EMERGENCY SERVICES

The Contractor shall provide emergency oxygen delivery services to ensure uninterrupted hospital operations. Emergency refilling shall occur within twenty-four (24) hours of notification by the COR 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 COR review and approval.

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 COR. 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, environmental regulations and other applicable codes, laws, and regulations.

P. VA INFORMATION

This entire section applies to all acquisitions requiring any Information Security and Privacy language.

a. The Government shall receive unlimited rights to data/intellectual property first produced and delivered in the performance of this contract or order (hereinafter “contract”) unless expressly stated otherwise in this contract. This includes all rights to source code and all documentation created in support thereof. The primary clause used to define Government and Contractor data rights is FAR 52.227-14 Rights in Data – General. The primary clause used to define computer software license (not data/intellectual property first produced under this contractor or order) is FAR 52.227-19, Commercial Computer Software License.

b. Information made available to the contractor by VA for the performance or administration of this contract will be used only for the purposes specified in the service agreement, SOW, PWS, PD, and/or contract. The contractor shall not use VA information in any other manner without prior written approval from a VA Contracting Officer (CO). The primary clause used to define Government and Contractor data rights is FAR 52.227-14 Rights in Data – General.

c. VA information will not be co-mingled with any other data on the contractor’s information systems or media storage systems. The contractor shall ensure compliance with Federal and VA requirements related to data protection, data encryption, physical data segregation, logical data segregation, classification requirements and media sanitization.

d. VA reserves the right to conduct scheduled or unscheduled audits, assessments, or investigations of contractor Information Technology (IT) resources to ensure information security is compliant with Federal and VA requirements. The contractor shall provide all necessary access to records (including electronic and documentary materials related to the contracts and subcontracts) and support (including access to contractor and subcontractor staff associated with the contract) to VA, VA's Office Inspector General (OIG), and/or Government Accountability Office (GAO) staff during periodic control assessments, audits, or investigations.

e. The contractor may only use VA information within the terms of the contract and applicable Federal law, regulations, and VA policies. If new Federal information security laws, regulations or VA policies become applicable after execution of the contract, the parties agree to negotiate contract modification and adjustment necessary to implement the new laws, regulations, and/or policies.

f. The contractor shall not make copies of VA information except as specifically authorized and necessary to perform the terms of the contract. If copies are made for restoration purposes, after the restoration is complete, the copies shall be destroyed in accordance with VA Directive 6500, VA Cybersecurity Program and VA Information Security Knowledge Service.

g. If a Veterans Health Administration (VHA) contract is terminated for default or cause with a business associate, the related local Business Associate Agreement (BAA) shall also be terminated and actions taken in accordance with VHA Directive 1605.05, Business Associate Agreements. If there is an executed national BAA associated with the contract, VA will determine what actions are appropriate and notify the contactor.

h. The contractor shall store and transmit VA sensitive information in an encrypted form, using VA-approved encryption tools which are, at a minimum, Federal Information Processing Standards (FIPS) 140-2, Security Requirements for Cryptographic Modules (or its successor) validated and in conformance with VA Information Security Knowledge Service requirements.

The contractor shall transmit VA sensitive information using VA approved Transport Layer Security (TLS) configured with FIPS based cipher suites in conformance with National Institute of Standards and Technology (NIST) 800-52, Guidelines for the Selection, Configuration and Use of Transport Layer Security (TLS) Implementations.

i. The contractor’s firewall and web services security controls, as applicable, shall meet or exceed VA’s minimum requirements.

j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor may use and disclose VA information only in two situations: (i) in response to a qualifying order of a court of competent jurisdiction after notification to VA CO (ii) with written approval from the VA CO. The contractor shall refer all requests for, demands for production of or inquiries about, VA information and information systems to the VA CO for response.

k. Notwithstanding the provision above, the contractor shall not release VA records protected by Title 38 U.S.C. § 5705, Confidentiality of medical quality-assurance records and/or Title 38 U.S.C. § 7332, Confidentiality of certain medical records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse or infection with Human Immunodeficiency Virus (HIV). If the contractor is in receipt of a court order or other requests for the above-mentioned information, the contractor shall immediately refer such court order or other requests to the VA CO for response.

l. Information made available to the contractor by VA for the performance or administration of this contract or information developed by the contractor in performance or administration of the contract will be protected and secured in accordance with VA Directive 6500 and Identity and Access Management (IAM) Security processes specified in the VA Information Security Knowledge Service.

m. Any data destruction done on behalf of VA by a contractor shall be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management, VA Handbook 6300.1, Records Management Procedures, and applicable VA Records Control Schedules.

n. The contractor shall provide its plan for destruction of all VA data in its possession according to VA Directive 6500 and NIST 800-88, Guidelines for Media Sanitization prior to termination or completion of this contract. If directed by the COR/CO, the contractor shall return all Federal Records to VA for disposition.

o. Any media, such as paper, magnetic tape, magnetic disks, solid state devices or optical discs that is used to store, process, or access VA information that cannot be destroyed shall be returned to VA. The contractor shall hold the appropriate material until otherwise directed by the Contracting Officer’s Representative (COR) or CO. Items shall be returned securely via VA-approved methods. VA sensitive information must be transmitted utilizing VA-approved encryption tools which are validated under FIPS 140-2 (or its successor) and NIST 800-52. If mailed, the contractor shall send via a trackable method (USPS, UPS, FedEx, etc.)

and immediately provide the COR/CO with the tracking information. Self-certification by the contractor that the data destruction requirements above have been met shall be sent to the COR/CO within 30 business days of termination of the contract.

p. All electronic storage media (hard drives, optical disks, CDs, back-up tapes, etc.) used to store, process or access VA information will not be returned to the contractor at the end of lease, loan, or trade-in. Exceptions to this paragraph will only be granted with the written approval of the VA CO.

Q. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

This section applies when any person requires access to information made available to the contractor by VA for the performance or administration of this contract or information developed by the contractor in performance or administration of the contract.

a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees and subcontractors only to the extent necessary to perform the services specified in the solicitation or contract. This includes indirect entities, both affiliate of contractor/subcontractor and agent of contractor/subcontractor.

b. Contractors and subcontractors shall sign the VA Information Security Rule of Behavior (ROB) before access is provided to VA information and information systems (see Section 4, Training, below). The ROB contains the minimum user compliance requirements and does not supersede any policies of VA facilities or other agency components which provide higher levels of protection to VA’s information or information systems. Users who require privileged access shall complete the VA elevated privilege access request processes before privileged access is granted.

c. All contractors and subcontractors working with VA information are subject to the same security investigative and clearance requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors shall be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office of Human Resources and Administration/Operations, Security and Preparedness (HRA/OSP) is responsible for these policies and procedures. Contract personnel who require access to classified information or information systems shall have an appropriate security clearance. Verification of a Security Clearance shall be processed through the Special Security Officer located in HRA/OSP.

Contractors shall conform to all requirements stated in the National Industrial Security Program Operating Manual (NISPOM).

d. All contractors and subcontractors shall comply with conditions specified in VAAR 852.204-71(d); Contractor operations required to be in United States. All contractors and subcontractors working with VA information must be permanently located within a jurisdiction subject to the law of the United States or its Territories to the maximum extent feasible. If services are proposed to be performed abroad the contractor must state where all non-U.S.

services are provided. The contractor shall deliver to VA a detailed plan specifically addressing communications, personnel control, data protection and potential legal issues. The plan shall be approved by the COR/CO in writing prior to access being granted.

e. The contractor shall notify the COR/CO in writing immediately (no later than 24 hours) after personnel separation or occurrence of other causes. Causes may include the following:

(1) Contractor/subcontractor personnel no longer has a need for access to VA information or VA information systems.

(2) Contractor/subcontractor personnel are terminated, suspended, or otherwise has their work on a VA project discontinued for any reason.

(3) Contractor believes their own personnel or subcontractor personnel may pose a threat to their company’s working environment or to any company-owned property. This includes contractor-owned assets, buildings, confidential data, customers, employees, networks, systems, trade secrets and/or VA data.

(4) Any previously undisclosed changes to contractor/subcontractor background history are brought to light, including but not limited to changes to background investigation or employee record.

(5) Contractor/subcontractor personnel have their authorization to work in the United States revoked.

(6) Agreement by which contractor provides products and services to VA has either been fulfilled or terminated, such that VA can cut off electronic and/or physical access for contractor personnel.

f. In such cases of contract fulfillment, termination, or other causes; the contractor shall take the necessary measures to immediately revoke access to VA network, property, information, and information systems (logical and physical) by contractor/subcontractor personnel. These measures include (but are not limited to): removing and then securing Personal Identity Verification (PIV) badges and PIV – Interoperable (PIV-I) access badges, VA-issued photo badges, credentials for VA facilities and devices, VA-issued laptops, and authentication tokens. Contractors shall notify the appropriate VA COR/CO immediately to initiate access removal.

g. Contractors/subcontractors who no longer require VA accesses will return VA-issued property to VA. This property includes (but is not limited to): documents, electronic equipment, keys, and parking passes. PIV and PIV-I access badges shall be returned to the nearest VA PIV Badge Issuance Office. Once they have had access to VA information, information systems, networks and VA property in their possessions removed, contractors shall notify the appropriate

VA COR/CO.

R. TRAINING

This entire section applies to all acquisitions which include section 3.

a. All contractors and subcontractors requiring access to VA information and VA information systems shall successfully complete the following before being granted access to VA information and its systems:

(1) VA Privacy and Information Security Awareness and Rules of Behavior course (Talent Management System (TMS) #10176) initially and annually thereafter.

(2) Sign and acknowledge (electronically through TMS #10176) understanding of and responsibilities for compliance with the Organizational Rules of Behavior, relating to access to VA information and information systems initially and annually thereafter; and

(3) Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system or information access [to be defined by the VA program official and provided to the VA CO for inclusion in the solicitation document – i.e., any role-based information security training].

b. The contractor shall provide to the COR/CO a copy of the training certificates and certification of signing the Organizational Rules of Behavior for each applicable employee within five days of the initiation of the contract and annually thereafter, as required.

c. Failure to complete the mandatory annual training is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the required training is complete.

S. SECURITY INCIDENT INVESTIGATION

a. The contractor, subcontractor, their employees, or business associates shall immediately (within one hour) report suspected security / privacy incidents to the VA OIT’s Enterprise Service Desk (ESD) by calling (855) 673-4357 (TTY: 711). The ESD is OIT’s 24/7/365 single point of contact for IT-related issues. After reporting to the ESD, the contractor, subcontractor, their employees, or business associates shall, within one hour, provide the COR/CO the incident number received from the ESD.

b. Violation of this section shall be investigated in accordance with VA Handbook 6500.6

END OF SOW

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…