Amendment RFQ 36C25724Q0508- A0001.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

519-24-3-100-0844

36C25724Q0508 04-10-2024

Marzetta Austin 214-857-2250 04-29-2024

12:00 CDT

36C257

Department Of Veterans Affairs

Network Contracting Office 17

5441 Babcock Road Ste. 302

San Antonio TX 78240

X 100

X

325120

1200 Employees

Net 30

N/A

X

Department of Veterans Affairs

West Texas VA Health Care System

300 W Veterans Blvd

Big Springs TX 79720

36C257

Department Of Veterans Affairs

Network Contracting Office 17

This is accomplished through the

Tungsten Network located at:

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

This is mandatory and the sole method for submitting invoices.

(877) 353-9791 (512) 460-5540

See CONTINUATION Page

The contractor shall provide all labor, supplies, materials, equipment, supervision, transportation, and other items, and non-personal services necessary to provide Medical

Cylinders and Gases in accordance with the Statement of work and the terms and conditions contained herein.

For additional details reference B.3 Price/Cost schedule and starting on page 16.

Complete and return all information designated in section

E (page 59) prior to the time specified in block 8 of the

1449 (page 1).

Blocks 30a, 30b and 30c on page 1 of the SF 1449 must b completed and signed in order to be considered for award.

Required documents and instructions for quote submission are included in the Addendum to FAR 52.212-1, Instructions to Offerors - Commercial Products and Commercial Services.

This is an acquisition IAW FAR 13.

See CONTINUATION Page

X X

X 1

Tommy Haire

Contracting Officer

36C25724Q0508

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF WORK

B.3 PRICE/COST SCHEDULE

B.4 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

C.2 52.217-7 OPTION FOR INCREASED QUANTITY—SEPARATELY PRICED LINE

ITEM (MAR 1989)

C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C.5 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

.......................................................................................... Error! Bookmark not defined.

C.6 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022) 34

C.7 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018) ........... Error!

Bookmark not defined.

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

DISABLED VETERAN-OWNED SMALL BUSINESSES (NOV 2022)

C.9 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (NOV 2022)

C.10 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 40

C.11 VAAR 852-246-71 REJECTED GOODS (OCT 2018)

C.12 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

C.13 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) ........... Error!

Bookmark not defined.

C.14 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.15 52.233-2 SERVICE OF PROTEST (SEP 2006) ....... Error! Bookmark not defined.

C.16 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018) ................................................................................. Error! Bookmark not defined.

C.17 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018) ......... Error!

Bookmark not defined.

C.18 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEC 2023) (DEVIATION) (JAN 2024)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (SEP 2023)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.225-2 BUY AMERICAN CERTIFCATE (OCT 2022)

E.4 52.233-2 SERVICE OF PROTEST (SEPT 2006) ....... Error! Bookmark not defined.

E.5 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018) ....................................................................... Error! Bookmark not defined.

E.6 VAAR 852.233-71 ALTERNATIVE PROTEST PROCEDURE (OCT 2018) ....... Error!

Bookmark not defined.

E.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998) ................................................................................. Error! Bookmark not defined.

E.8 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.9 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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: Name:

Address:

City/State/Zip:

POC Name:

POC Phone:

POC Email:

SAM UEI:

b. GOVERNMENT: Tommy Haire tommy.haire@va.gov

Contracting Officer 36C257

Department Of Veterans Affairs

Network Contracting Office 17

Shannon Robinson shannon.robinson3@va.gov

Contract Specialist

Department Of Veterans Affairs

Network Contracting Office 17 mailto:tommy.haire@va.gov mailto:shannon.robinson3@va.gov

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

[X] 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment

Requests.

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

AMENDMENT NO DATE

0001 4/11/2024

B.2 STATEMENT OF WORK

Medical Cylinders and Gases

Performance Work Statement

1.0 SCOPE OF WORK:

The purpose of this performance work statement is to provide medical cylinder gases for the West

Texas VA Healthcare System (WTVAHCS). This requirement is for a Base Plus 4 option years. All medical gases shall conform to specifications prescribed in the United States Pharmacopeia and the

National Formulary. All medical gas manufacturers/fillers of medical gases shall be registered with the

FDA and all medical gases shall be manufactured, processed, packed, transported, and stored according to the FDA’s Current Good Manufacturing Practice (CGMP) regulations and Title 21, Code of

Federal Regulations, Parts 210, 211, and 201 for labeling.

Base 06/01/2024 – 05/31/2025 Option Year 1 06/01/2025 – 05/31/2026 Option Year 2 06/01/2026 – 05/31/2027 Option Year 3 06/01/2027 – 05/31/2028 Option Year 4 06/01/2028 – 05/31/2029

In addition, the following specifications are incorporated into the solicitation:

a. Federal Specification BB-C-101D, Carbon Dioxide (CO2) Technical and USP, dated

3/17/2011.

b. Compressed Gas Association (CGA) Publications G-7 – Compressed Air for Human

Respiration, dated May 2008, and ANSI/CGA G-7.1 – Commodity Specification for Air, dated

October 2011.

All products, equipment, and services provided under this solicitation and contract award shall be in compliance with all applicable Federal, state, and local regulations.

2.0 MONTHLY RENTAL OF CONTRACTOR OWNED CYLINDERS:

When gases using the contractor owned cylinders are ordered, the monthly rental rates shall apply on a day-to-day basis when the using facility is in possession of the tanks.

2.1 Estimated quantities per year based on gas and bottle. There is no express or implied guarantee that these quantities will be purchased.

CLIN PART # PRODUCT QTY UNIT

0001 AI USPE

Air Compressed CGA Type 1 Medical 25 EA

0002 CD USP50

Carbon Dioxide, Medical Grade A, Size H/50LB 25 EA

0003 Z04NI7852003060

Lung Diffusion: 0.3% Carbon Monoxide/0.3% Methane/21% Oxygen/BAL Nitrogen, Size

H175 2 EA

0004 OX USP200 Oxygen, Gaseous, Size H 15 EA

0005 OX USPEC Oxygen, Gaseous, Size E 280 EA

0006 RENTAL 180 EA

0006A RENTAL

Monthly rental Sizes A, B, C, D &E

0006B RENTAL

Monthly rental sizes other than A, B, C, D &E

0007 SECEXPEDITE Emergency Delivery Fee 1 EA

0008 CYMRETESTMED Hydrostatic Testing of GFE 1 EA

Gas Types: The gases to be provided include but not limited to:

• Air, Compressed CG Type 1 Medical Size H220

• Oxygen, Medical Size E (customer owned)

• Oxygen Gaseous

• Carbon Dioxide, Medical Grade, A Size H220

• Lung Diffusion .3% CO, .3%CH4, 21% O2, BAL N2 Size H220

3.0 DELIVERY REQUIREMENTS:

All transportation charges for cylinders shall be included in the price of the gas. Additional charges such as delivery fees, hazardous materials fees, fuel surcharges, etc. shall NOT be billed to or collected from the facilities for orders received under this contract.

3.1 Safety Data Sheets shall be provided to the facility POC upon request at no additional charge.

4. NON-REPAIRABLE GOVERNMENT PROPERTY

4.1 Prior to disposing of non-repairable government-owned cylinders, parts, fittings, and appurtenances, the Contractor shall contact the ordering (owning) activity. The contractor shall make disposition in accordance with the ordering activity’s instructions.

4.2 Contractors shall be paid for all services performed and authorized by the ordering activity, up to the determination that a cylinder is non-repairable, at the prices listed in Attachment A.

4.3 Contractor shall not charge any additional types of fees, other than those specified above in paragraph 4.2, for the return of non-repairable cylinders to the ordering activity.

4.4 If the activity requests, and the Contractor agrees to dispose of any non-repairable government-owned property, the fee shall be negotiated and agreed upon between the two parties prior to the disposal of the property.

5.0 DELIVERY AND BILLING:

5.1 Contractor should make deliveries within 7 days of receipt. Deliveries will be made Monday -

Friday between 8:00AM -4:00PM, excluding Federal Holidays.

Facility will contact contractor for emergency deliveries no more than 3 times per year. The Contractor will be paid monthly, in arrears, upon receipt of a properly prepared invoice.

5.2 Contractor will provide emergency contact information for after hours and weekend, calls will be acknowledged with-in one hour, deliveries made within 8 hours.

6.0 HOURS OF COVERAGE:

• Vendor shall provide telephone support 24 hours a day, 7 days a week.

• Vendor shall provide unscheduled maintenance Monday-Friday, 8:00AM – 4:30PM local site time, Monday – Friday excluding Federal Holidays.

• Vendor shall provide planned maintenance scheduled at a mutually agreeable time Monday-

Friday, 8:00AM- 4:30PM local site time excluding Federal Holidays.

• POC or designated alternate shall provide reasonable access to the equipment, reasonable working space, and a reasonable safe, hazard-free operating environment for contractor’s employees and representatives providing services hereunder during hours of coverage.

• Federal Holidays are: New Year’s Day; Martin Luther King Jr.’s Birthday; President’s Day;

Memorial Day; Juneteenth National Independence Day; Independence Day; Veteran’s Day;

Labor Day; Columbus Day; Thanksgiving Day; and Christmas Day.

When a holiday falls on a Sunday, the following Monday will be observed as a legal holiday.

When a holiday falls on a Saturday, the preceding Friday is observed by US Government agencies.

7.0 POINT OF CONTACT AND DELIVERY ADDRESS:

Michelle Stromberg

Supervisory Inventory Management Specialist

Michelle.stromberg@va.gov

432-263-7361 ext 7060

West Texas VA Health Care System

300 Veterans Blvd

Big Spring, TX 79720

8.0 CYLINDERS AND OTHER CONTAINERS

8.1 Laws and Regulations

Cylinders and other containers for gaseous and liquid forms of gases shall comply with the

Department of Transportation specifications and shall be maintained, filled, marked, labeled, and shipped to comply with current DOT regulations (Title 49-Transportation, Code of Federal

Regulations.) Filling, packaging, labeling, etc., for medical gases shall also comply with the Federal

Food, Drug, and Cosmetic Act.

mailto:Michelle.stromberg@va.gov

8.2 Marking

In addition to marking required by the aforementioned laws and regulations, marking shall comply with CGA Publication C-7 – Guide to Preparation of Precautionary Labeling and Marking of

Compressed Gas Containers, dated 10/21/2011.

8.3 Color Coding:

Cylinders shall be color coded in accordance with CGA Publication C-9 -- Standard Color Marking of

Compressed Gas Containers Intended for Medical Use, dated September 2013.

8.4 Valves

Valves shall comply with CGA Safety Bulletin SB-26 dated August 2014 and CGA Publication V-1 --

Compressed Gas Association Standard for Compressed Gas Cylinder Valve Outlet and Inlet

Connections, dated May 2013. Valve protection caps for cylinders designed to receive such caps shall be securely attached to the cylinders in a manner to protect the valves from injury during transit and delivery to the purchaser's receiving area. For liquid containers, all fittings must be permanently brazed to prevent their removal. In addition, each container should contain a 360-degree cryoband applied at the top of the container with the drug product name repeated around the entire container.

8.5 Retest Date: If applicable DOT regulations would require retesting of cylinder within three

(3) months after scheduled date of shipment to Continental U.S. destination, or within six (6) months after scheduled date of shipment to overseas destination, cylinder shall be retested.

Contractor will be required to retest any Government-Owned cylinder when requested by ordering activity, regardless of scheduled retest data.

8.5.1 Method: Government-owned cylinders which are eligible for extended hydrostatic retest period, testing by modified hydrostatic method, or visual inspection in lieu of hydrostatic testing, shall be serviced by the most economical means which will comply with Department of

Transportation regulations (49 CFR 173.34) unless otherwise specified by the ordering activity.

When modified or reduced DOT test requirements are contingent upon past usage of the cylinders, a written statement from the ordering activity indicating that the cylinders have been used exclusively for a specific gas may be considered acceptable evidence of the cylinders' eligibility for modified testing or inspection.

8.5.2 Hydrostatic testing shall be performed in accordance with CGA’s Publication -- C- 1, Methods for Hydrostatic Testing of Compressed Gas Cylinders, dated January 2016.

8.5.3 Visual inspection shall be performed in accordance with the applicable CGA Publications C-6

--Standards for Visual Inspection of Steel Compressed Gas Cylinders, dated May 2013 or C-6.1 --

Standards for Visual Inspection of High-Pressure Aluminum Compressed Gas Cylinders, dated May

2013.

8.5.4 The Contractor shall be responsible for all testing of Contractor-owned cylinders at no additional cost to the Government. The government shall pay for the hydrostatic testing of government-owned cylinders at the prices listed in Schedule B.

8.6 Cylinder Sizes:

Cylinder sizes shown in the item description indicate product capacity of the cylinder currently being used. All capacities are approximate, and the Government shall be billed only for the actual amount of gas delivered. In accordance with the Federal Food, Drug and Cosmetic Act, the actual contents of the container must appear on the label.

8.7 Individual Agency Ownership of Cylinders:

Government-Owned cylinders shall remain the property of the individual ordering (owning) agency and shall not be exchanged for other cylinders, either government- owned or Contractor-owned, without authorization of the ordering agency.

8.8 Lost or Damaged Contractor-Owned Cylinders

For each Contractor-owned cylinder lost or damaged beyond repair while in the Government’s possession, the Government shall pay to the Contractor the replacement value, less the allocable rental paid for that cylinder. These cylinders shall become Government property.

8.9 Method of Shipment:

Empty Government-owned cylinders that are picked up from an ordering facility for re-fill or servicing shall be transported according to the Department of Transportation Regulations, using normal commercial practice to prevent damage to cylinders.

8.10 Transportation of Cylinders:

All transportation charges for empty government-owned and Contractor-owned cylinders from the ordering facility to the Contractor’s facility shall be at the expense of the Contractor.

9. PRICE OF SERVICES FOR GOVERNMENT-OWNED AND CONTRACTOR- OWNED CYLINDERS:

The contractor’s price for the gas shall include the furnishing, at no additional cost, of all services which are required at each and every filling of a cylinder to comply with applicable regulations, specifications, and normal good practices. Such services shall include, but not be limited to: tags indicating cylinder is "Full," In Use," or "Empty"; inspection, testing, evaluation, and cleaning services required at each and every filling; pin-indexing, when required, and attachment of

Government-furnished warning tags, when required. Attaching of oxygen cylinders to manifold systems, when required, shall also be performed by the Contractor at no additional cost. In addition to services listed in this paragraph, the Contractor is responsible for all maintenance and testing of

Contractor-owned cylinders.

10. MEASUREMENT AND CONVERSION COMPUTATION, ATMOSPHERIC GASES AND

HYDROGEN:

Density data and volume measurement equivalents printed in CGA Publication P-6 -- Standard

Density Data, Atmospheric Gases and Hydrogen, dated October 2012 shall be used when necessary to convert measurement of these gases from one form to another: for example, from cubic feet to gallons.

11. LICENSING, AUTHORIZATION, AND SELLING PERMISSIONS:

11.1 If the Contractor is the manufacturer of the medical gas being supplied under this contract, it shall annually provide verification that it holds current licensing, permits, certifications or registrations required by the FDA and the states in which this contract is performed.

11.2 If the Contractor is not the manufacturer of the medical gas being supplied under this contract, the Contractor shall annually provide verification that the manufacturer from which it obtains the medical gas provided to VA under this contract holds current licensing, permits, certifications or registrations required by the FDA and the states in which this contract is performed. In addition, the Contractor shall provide annual updates to any agreements it has with the medical gas manufacturer affirmatively demonstrating that the Contractor has authorization by the manufacturer to resell the medical gas the Contractor is providing under this contract. In the event of a change in manufacturer, the Contractor shall provide advance notice to the VA prior to the change taking place and shall provide copies of the new medical gas manufacturer’s current licenses, permits, certifications or registrations required by the

FDA and the states in which this contract is performed. The Contractor shall also provide a copy of its agreement with the new manufacturer demonstrating that the Contractor has authorization by the manufacturer to resell the medical gas the Contractor intends to provide under this contract.

11.3 Throughout the term of this contract, Contractor shall maintain all federal, state, and local licenses applicable to the Contractor as well as any required FDA certifications.

12. LIABILITY INSURANCE REQUIREMENTS:

If Liability Insurance is required, the contractor shall maintain liability insurance in the amount of $1 million per occurrence and shall provide an annual Certificate of Liability to the

VA.

13. NARA RECORDS MANAGEMENT LANGUAGE FOR CONTRACTS:

1. Contractor shall comply with all applicable records management laws and regulations, as well as

National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII

Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy

Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of

44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for

Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law.

Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. West Texas VA Health Care System (WTVAHCS) and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation.

Records may not be removed from the legal custody of WTVAHCS or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of

Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701.

In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to WTVAHCS. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to

WTVAHCS control, or the Contractor must hold it until otherwise directed. Items returned to the

Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the

Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is

EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The

Contractor (and any sub-contractor) is required to abide by Government and WTVAHCS guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with WTVAHCS policy.

8. The Contractor shall not create or maintain any records containing any non-public WTVAHCS information that are not specifically tied to or authorized by the contract.

9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

10. The WTVAHCS owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which WTVAHCS shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VHA-provided records management training, Talent

Management System (TMS) Item #10176, Privacy and Information Security, Rules of

Behavior. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVICE

S

QUANTIT

Y

UNI

T UNIT PRICE AMOUNT

25.00 EA _____________ ______________

AIR COMPRESSED CGA TYPE 1 MEDICAL

LOCAL STOCK NUMBER: AI USPE

Contract Period: Base POP Begin: 6-1-2024 POP End: 5-31-2025 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6835 - Medical Gases

25.00 EA _____________

CARBON DIOXIDE

LOCAL STOCK NUMBER: CD USP50

Contract Period: Base POP Begin: 6-1-2024 POP End: 5-31-2025 PRINCIPAL NAICS CODE: 325120 - Industrial Gas

2.00 EA ____________ ______________

LUNG DIFFUSION MIX GAS

LOCAL STOCK NUMBER: Z04NI7852003060

Contract Period: Base POP Begin: 6-1-2024 POP End: 5-31-2025 PRINCIPAL NAICS CODE: 325120 - Industrial Gas

15.00 EA ____________ ______________

OXYGEN, GASEOUSE, SIZE H

LOCAL STOCK NUMBER: OX USP200

Contract Period: Base POP Begin: 6-1-2024 POP End: 6-31-2025 PRINCIPAL NAICS CODE: 325120 - Industrial Gas

280.00 EA ____________ ______________

OXYGEN GASEOUS SIZE E

LOCAL STOCK NUMBER: OX USPE

Contract Period: Base POP Begin: 6-1-2024 POP End: 5-31-2025 PRINCIPAL NAICS CODE: 325120 - Industrial Gas

180.00 EA ____________ ______________

TANK RENTAL

LOCAL STOCK NUMBER: RENTAL

Contract Period: Base POP Begin: 6-1-2024 POP End: 5-31-2025 PRINCIPAL NAICS CODE: 325120 - Industrial Gas

1.00 EA ____________ ______________

EMERGENCY DELIVERY FEE

LOCAL STOCK NUMBER: EMERGENCY

Contract Period: Base POP Begin: 6-1-2024 POP End: 5-31-2025 PRINCIPAL NAICS CODE: 325120 - Industrial Gas

1.00 EA ____________ ______________

HYDROSTATIC TESTING OF GFE

LOCAL STOCK NUMBER: HYDROSTATIC TEST

Contract Period: Base POP Begin: 6-1-2024 POP End: 5-31-2025 PRINCIPAL NAICS CODE: 325120 - Industrial Gas

1001 25.00 EA ____________ ______________

LOCAL STOCK NUMBER: AI USPE

Contract Period: Option Year 1 POP Begin: 6-1-2025 POP End: 5-31-2026 PRINCIPAL NAICS CODE: 325120 - Industrial Gas

1002 25.00 EA ____________ ______________

CARBON DIOXIDE

LOCAL STOCK NUMBER: CD USP50

Contract Period: Option Year 1 POP Begin: 6-1-2025 POP End: 5-31-2026 PRINCIPAL NAICS CODE: 325120 - Industrial Gas

1003 2.00 EA ____________ ______________

LOCAL STOCK NUMBER: Z04NI7852003060

Contract Period: Option Year 1 POP Begin: 6-1-2025 POP End: 5-31-2026 PRINCIPAL NAICS CODE: 325120 - Industrial Gas

1004 15.00 EA ____________ ______________

OXYGEN, GASEOUSE, SIZE H

LOCAL STOCK NUMBER: OX USP200

Contract Period: Option Year 1 POP Begin: 6-1-2025 POP End: 6-31-2026 PRINCIPAL NAICS CODE: 325120 - Industrial Gas

1005 280.00 EA _____________

OXYGEN GASEOUS SIZE E

LOCAL STOCK NUMBER: OX USPE

Contract Period: Option Year 1 POP Begin: 6-1-2025 POP End: 5-31-2026 PRINCIPAL NAICS CODE: 325120 - Industrial Gas

1006 180.00 EA _____________

LOCAL STOCK NUMBER: RENTAL

Contract Period: Option Year 1 POP Begin: 6-1-2025 POP End: 5-31-2026 PRINCIPAL NAICS CODE: 325120 - Industrial Gas

1007 1.00 EA _____________

EMERGENCY DELIVERY FEE

LOCAL STOCK NUMBER: EMERGENCY

Contract Period: Option Year 1 POP Begin: 6-1-2025 POP End: 5-31-2026 PRINCIPAL NAICS CODE: 325120 - Industrial Gas

1.00 EA _____________

HYDROSTATIC TESTING OF GFE

LOCAL STOCK NUMBER: HYDROSTATIC TEST

Contract Period: Option Year 1 POP Begin: 6-1-2025 POP End: 5-31-2026 PRINCIPAL NAICS CODE: 325120 - Industrial Gas

2001 25.00 EA _____________

AIR COMPRESSED CGA TYPE 1 MEDICAL

LOCAL STOCK NUMBER: AI USPE

Contract Period: Option Year 2 POP Begin: 6-1-2026 POP End: 5-31-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas

CARBON DIOXIDE

LOCAL STOCK NUMBER: CD USP50

Contract Period: Option Year 2 POP Begin: 6-1-2026 POP End: 5-31-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas

2003 2.00 EA _____________

LUNG DIFFUSION MIX GAS

LOCAL STOCK NUMBER: Z04NI7852003060

Contract Period: Option Year 2 POP Begin: 6-1-2026 POP End: 5-31-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas

2004 15.00 EA _____________

OXYGEN, GASEOUSE, SIZE H

LOCAL STOCK NUMBER: OX USP200

Contract Period: Option Year 2 POP Begin: 6-1-2026 POP End: 6-31-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas

2005 280.00 EA _____________

OXYGEN GASEOUS SIZE E

LOCAL STOCK NUMBER: OX USPE

Contract Period: Option Year 2 POP Begin: 6-1-2026 POP End: 5-31-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas

2006 180.00 EA _____________

TANK RENTAL

LOCAL STOCK NUMBER: RENTAL

Contract Period: Option Year 2 POP Begin: 6-1-2026 POP End: 5-31-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas

2007 1.00 EA _____________

EMERGENCY DELIVERY FEE

LOCAL STOCK NUMBER: EMERGENCY

Contract Period: Option Year 2 POP Begin: 6-1-2026 POP End: 5-31-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas

1.00 EA _____________

HYDROSTATIC TESTING OF GFE

LOCAL STOCK NUMBER: HYDROSTATIC TEST

Contract Period: Option Year 2 POP Begin: 6-1-2026 POP End: 5-31-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas

3001 25.00 EA _____________

AIR COMPRESSED CGA TYPE 1 MEDICAL

LOCAL STOCK NUMBER: AI USPE

Contract Period: Option Year 3 POP Begin: 6-1-2027 POP End: 5-31-2028 PRINCIPAL NAICS CODE: 325120 - Industrial Gas

CARBON DIOXIDE

LOCAL STOCK NUMBER: CD USP50

Contract Period: Option Year 3 POP Begin: 6-1-2027 POP End: 5-31-2028 PRINCIPAL NAICS CODE: 325120 - Industrial Gas

3003 2.00 EA _____________

LUNG DIFFUSION MIX GAS

LOCAL STOCK NUMBER: Z04NI7852003060

Contract Period: Option Year 3 POP Begin: 6-1-2027 POP End: 5-31-2028 PRINCIPAL NAICS CODE: 325120 - Industrial Gas

3004 15.00 EA _____________

OXYGEN, GASEOUSE, SIZE H

LOCAL STOCK NUMBER: OX USP200

Contract Period: Option Year 3 POP Begin: 6-1-2027 POP End: 6-31-2028 PRINCIPAL NAICS CODE: 325120 - Industrial Gas

3005 280.00 EA _____________

OXYGEN GASEOUS SIZE E

LOCAL STOCK NUMBER: OX USPE

Contract Period: Option Year 3 POP Begin: 6-1-2027 POP End: 5-31-2028 PRINCIPAL NAICS CODE: 325120 - Industrial Gas

3006 180.00 EA _____________ ______________

LOCAL STOCK NUMBER: RENTAL

Contract Period: Option Year 3 POP Begin: 6-1-2027 POP End: 5-31-2028 PRINCIPAL NAICS CODE: 325120 - Industrial Gas

3007 1.00 EA _____________ ______________

LOCAL STOCK NUMBER: EMERGENCY

Contract Period: Option Year 3 POP Begin: 6-1-2027

POP End: 5-31-2028 PRINCIPAL NAICS CODE: 325120 - Industrial Gas

1.00 EA _____________ ______________

LOCAL STOCK NUMBER: HYDROSTATIC TEST

Contract Period: Option Year 3 POP Begin: 6-1-2027 POP End: 5-31-2028 PRINCIPAL NAICS CODE: 325120 - Industrial Gas

4001 25.00 EA _______________ ______________

LOCAL STOCK NUMBER: AI USPE

Contract Period: Option Year 4 POP Begin: 6-1-2028 POP End: 5-31-2029 PRINCIPAL NAICS CODE: 325120 - Industrial Gas

25.00 EA _______________ ______________

CARBON DIOXIDE

LOCAL STOCK NUMBER: CD USP50

Contract Period: Option Year 4 POP Begin: 6-1-2028 POP End: 5-31-2029 PRINCIPAL NAICS CODE: 325120 - Industrial Gas

4003 2.00 EA _______________ ______________

LOCAL STOCK NUMBER: Z04NI7852003060

Contract Period: Option Year 4 POP Begin: 6-1-2028 POP End: 5-31-2029 PRINCIPAL NAICS CODE: 325120 - Industrial Gas

4004 15.00 EA _______________ ______________

OXYGEN, GASEOUSE, SIZE H

LOCAL STOCK NUMBER: OX USP200

Contract Period: Option Year 4 POP Begin: 6-1-2028 POP End: 6-31-2029 PRINCIPAL NAICS CODE: 325120 - Industrial Gas

4005 280.00 EA _______________ ______________

OXYGEN GASEOUS SIZE E

LOCAL STOCK NUMBER: OX USPE

Contract Period: Option Year 4 POP Begin: 6-1-2028 POP End: 5-31-2029 PRINCIPAL NAICS CODE: 325120 - Industrial Gas

4006 180.00 EA _______________ ______________

LOCAL STOCK NUMBER: RENTAL

Contract Period: Option Year 4 POP Begin: 6-1-2028 POP End: 5-31-2029 PRINCIPAL NAICS CODE: 325120 - Industrial Gas

4007 1.00 EA _______________ ______________

LOCAL STOCK NUMBER: EMERGENCY

Contract Period: Option Year 4 POP Begin: 6-1-2028 POP End: 5-31-2029 PRINCIPAL NAICS CODE: 325120 - Industrial Gas

1.00 EA _______________ ______________

LOCAL STOCK NUMBER: HYDROSTATIC TEST

Contract Period: Option Year 4 POP Begin: 6-1-2028 POP End: 5-31-2029 PRINCIPAL NAICS CODE: 325120 - Industrial Gas

GRAND

TOTAL

B.4 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

0001-

SHIP TO:

MARK FOR:

West Texas VA Health Care System

Big Springs, Texas 79720

Michelle Stromberg

432-263-7361

Michelle.stromberg@va.gov

ALL 30 Days ARO mailto:Michelle.stromberg@va.gov

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance.

The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the

Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

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

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

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

Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes.

Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation

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

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the

Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

and

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

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

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

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause

(e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award

Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than

System for Award Management), or applicable agency procedures.

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

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.

3903) and Office of Management and Budget (OMB) prompt payment regulations at 5

CFR part 1315.

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

(i) Payment.—

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

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

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

1315.

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

52.212-5(b) for the appropriate EFT clause.

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

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

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

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

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

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

(D) Contractor point of contact.

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

Contracting Officer.

(6) Interest.

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

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

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

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

33.211 if—

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

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting

Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work.

Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the

Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

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

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

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

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder 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) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) 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; 18 U.S.C. 431 relating to officials not to benefit; 40

U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) 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 Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(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…