36C25726Q0323 SOLICITATION.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

36C25726Q0323

04-29-2026

Dayna Cantu 512-922-0142 05-06-2026

10:00AM CDT

36C257 Department Of Veterans Affairs Network Contracting Office 17 Regional Procurement Office West (RPO-W) 5441 Babcock Road Ste. 302 San Antonio TX 78240

X 100

X

325120

1200 Employees

N/A

X

36C740

Department of Veterans Affairs Harlingen Health Care Center Multiple Locations – See SOW

Department Of Veterans Affairs Network Contracting Office 17 5441 Babcock Road Ste. 302 San Antonio TX 78240

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.

See CONTINUATION Page

X 1

Dayna Cantu 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 STATEMENT OF WORK

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

B.4 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.2 52.216-18 ORDERING (AUG 2020)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.4 52.216-22 INDEFINITE QUANTITY (NOV 2025) (DEVIATION)

C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

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

(DEVIATION)

C.8 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

C.9 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

C.10 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023)

C.11 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

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

(DEVIATION)

C.12 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (JAN 2023)

(DEVIATION)

C.13 VAAR 852.223-71 SAFETY AND HEALTH (SEP 2019)

C.14 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.15 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 GASES AND CYLINDER PRICE LIST

SECTION E - SOLICITATION PROVISIONS

E.1 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

E.3 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (NOV 2025)

(DEVIATION)

E.4 52.225-2 BUY AMERICAN CERTIFICATE (OCT 2022)

E.5 52.225-18 PLACE OF MANUFACTURE (AUG 2018)

E.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.7 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

E.8 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.9 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE

RESOLUTION (OCT 2018)

E.10 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.11 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021) (DEVIATION OCT 2025)

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: ________________________________________

TIN: _____________________________________________

b. GOVERNMENT: Contracting Officer, 36C257 Dayna Cantu dayna.cantu@va.gov Department of Veterans Affairs NCO 17 North Texas Healthcare System Regional Procurement Office West (RPO-W) 124 E. Hwy 67, Suite 100 Duncanville, TX 75137

Point of Contact (POC), 36C740 Ronnie Williams Logistics Material Handler Supervisor Ronnie.Williams5@va.gov Department of Veterans Affairs 2601 Veteran Dr Harlingen TX 78550

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 [] mailto:dayna.cantu@va.gov mailto:Ronnie.Williams5@va.gov

c. Other [X] Upon receipt and Acceptance

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.

See page 1 Block 18a.

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

AMENDMENT NO DATE

B.2 STATEMENT OF WORK

Valley Coastal Bend Veterans Affairs Health Care Systems (VCBVHCS) Medical Cylinders and Gases

Statement of Work

1. SCOPE OF WORK:

The purpose of this Statement of Work is to provide medical cylinders and gases for the Valley Coastal Bend Texas VA Health Care System (VCBVHCS) and clinics (See Section 5, below).

This requirement is for a single award Indefinite Delivery Indefinite Quantity (IDIQ), Base plus 4-option year period of performance contract. The contract items will be ordered by Ordering Officers or via task order by a Contracting Officer.

1.1 This Contract will be utilized throughout the Valley Coastal Bend Veterans Health Care System, to include current and potential future Outpatient Clinics. The gases to be purchased include all items listed in Attachment D.1.

1.2 The contract items will be ordered and delivered to the addressed facilities listed in section

5. The schedule also indicates whether the contractor will fill government owned (Government Owned (G/O)) cylinders.

1.3 The Contractor shall maintain one-hundred percent accountability of all Medical Gas cylinders in the contractor’s possession while transporting, receiving, delivering, and handling for all facilities located within VCBVHCS. All Equipment and Materials (e.g. Department of Transportation (DOT) certified delivery and transport vehicle, certified medical gas technician(s), hydrostatic tested approved cylinders) required to perform on the contract, other than Government owned cylinders shall be provided by the Contractor.

1.4 The contract Period of Performance (POP) awarded under this solicitation will be in effect from the Base Year of May 31st, 2026 – May 30th, 2027 – plus four (4) one-year option periods:

- May 31st, 2027 – May 30th, 2028 (Option Year 1)

- May 31st, 2028 – May 30th, 2029 (Option Year 2)

- May 31st, 2029 – May 30th, 2030 (Option Year 3)

- May 31st, 2030 – May 30th, 2031 (Option Year 4)

2. PRODUCT SPECIFICATIONS:

2.1 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.

2.2 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.

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

3. MONTHLY RENTAL OF CONTRACTOR OWNED CYLINDERS:

For cylinders not owned by the government, the government will rent each cylinder by the month at the prices in attachment D.1.

4. DELIVERY REQUIREMENTS:

4.1 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 shall NOT be billed to or collected from the facilities for orders received under this contract unless otherwise specified in this contract (i.e. emergency deliveries).

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

4.3 Facility Locations based on the addresses are listed in Section 5. It is the responsibility of the Contractor to ensure each VA Facility receives their orders within five (5) days for contractor owned cylinders and ten (10) days for Government owned cylinders, during business hours.

4.4 Delivery Schedule: Representatives shall be available during the hours of Monday through Friday, 8:00am – 4:00pm.

5. DELIVERY ADDRESSES:

a) Harlingen Health Care Center: 2601 Veterans Drive, Harlingen, TX. 78550

b) Harlingen Out-Patient Clinic: 2106 Treasure Hills Blvd, Harlingen, TX. 78550

c) Brownsville Out-Patient Clinic: 5700 North Expressway, Texas Coastal Professional

Building, Suite 101, Brownsville, TX 78526

d) McAllen Out-Patient Clinic: 901 E. Hackberry Ave., McAllen, TX. 78503

e) Corpus Christi Specialty Clinic: 205 South Enterprise Parkway Corpus Christi, TX.

78405

f) Corpus Christi Out-Patient Clinic: 5283 Old Brownsville Road, Corpus Christi, TX.

78405

g) Corpus Christi West Point: 925 South Padre Island Dr., Corpus Christi, TX 78405

h) Laredo Out-Patient Clinic: 4602 N. Bartlett Avenue, Laredo, TX. 78041

6. ORDERING:

6.1 Orders shall only be placed by the appointed Ordering Officers (OO) for this Contract or via a delivery order from a Contracting Officer. A list of appointed OOs will be provided to the vendor. Updates to the OO list will be provided to the vendor throughout the life of the contract.

6.2 The CO will furnish the contractor with the names of individuals delegated OO authority by separate letter upon issuance of the contract or agreement. When COs appoint OOs after award, the CO will furnish the contractor with an updated list of individual OOs authorized to place orders against the contract or agreement. OOs may not negotiate contract terms and conditions, determine price reasonableness, or determine best value. OOs are responsible for issuing and administering orders placed under the contract or agreement identified in the appointment letter.

OOs do not have the authority to modify any of the terms and conditions in the contract or agreement. The CO must approve any changes in or deviations from the terms and conditions of the contract or agreement in writing prior to placing orders invoking those terms and conditions.

The contractor must accept orders against the contract or agreement only from the CO or authorized OOs and fulfilling orders from persons other than the CO or OO may result in an unauthorized commitment. Orders will be placed via Electronic Data Interchange (EDI) if possible. If the vendor cannot set up EDI, specific ordering procedures will be modified into the contract after award.

7. DELIVERY AND BILLING:

7.1 Contractor must make deliveries not later than five (5) Business days for contractor owned cylinders, after receipt of order unless a specified date for delivery has been agreed to within the order (excluding Federal Holidays). The contractor must make deliveries no later than ten (10) business days for Government owned cylinders, from date of pick-up from the service (excluding Federal Holidays).

7.2 If Contractor is unable to complete delivery within 5 days of receipt of order, Contractor must reach out to requestor via phone and/or email providing reason for delay as well as expected delivery date and time or provide alternate source of supplies at no additional cost to

VCBHVCS.

7.3 The Contractor will provide emergency contact information for after hours and weekends, calls will be acknowledged within one hour with deliveries being made within 24 hours.

7.4 The Contractor shall provide a technician with DOT approved vehicle to transport compressed Medical Gas Cylinders and Liquid Nitrogen for transport.

7.5 Orders made by an Ordering Officer, the technician is required to provide the POC with a legibly signed and dated electronic delivery ticket after each delivery.

7.6 The delivery slip/ticket for Government Furnished Equipment (GFE) must include:

a. The number of cylinders being delivered

b. The number of cylinders being picked up

c. If one-for-one matching is not accurate, missing cylinder quantities will be identified and documented on the delivery slip of government-owned cylinders.

7.7 The delivery slip/ticket for contractor-provided cylinders must include:

a. Contract Number, Facility PO Number or Delivery Order number

b. Location Name and Account number for the specific delivery location

c. Date of Order

d. Date of Delivery

e. Item number(s) (LIN) and/or product identification number(s)

f. Quantity of each gas and cylinder ordered

g. Items ordered and not delivered

h. The number and type of cylinders being delivered

i. The number and type of cylinders being picked up

7.8 Contractor shall provide access to the scanned copy of the delivery slip to the POC through electronic means (e-mail or otherwise).

8. HOURS OF COVERAGE:

8.1 The vendor shall provide telephone support 24 hours a day, 7 days a week.

8.2 Vendor shall provide unscheduled maintenance (called upon to repair/fix any faulty equipment being rented despite the vendor having any schedule for their equipment maintenance if they have one) Mondays - Fridays, 8:00 AM-4:00 PM local site time, Mondays – Fridays excluding Federal Holidays.

8.3 The vendor shall provide planned maintenance scheduled at a mutually agreeable time Mondays - Fridays, 7:30 AM-4:30 PM local site time excluding Federal Holidays.

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

8.5 Federal Holidays observed by the STVHCS, and any other day declared a holiday by the President of the United States:

Federal Holidays Date of Observation New Year’s Day January 1 Birthday of Martin Luther King, Jr. Third Monday in January

Washington's Birthday Third Monday in February Memorial Day Last Monday in May Juneteenth June 19

Independence Day July 4 Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day November 11

Thanksgiving Day Fourth Thursday in November Christmas Day December 25

8.6 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.

9. CYLINDERS AND OTHER CONTAINERS:

9.1 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.

9.2 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.

9.3 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.

9.4 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 cryo-band applied at the top of the container with the drug product name repeated around the entire container.

9.5 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.

9.6 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.

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

9.8 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.

9.9 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 attachment D.1.

9.10 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.

9.11 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.

9.12 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. These cylinders shall become Government property. The Government will not pay cylinder rental fees from the date of audit.

9.13 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.

9.14 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 included in contract pricing.

10. PRICE OF SERVICES FOR GOVERNMENT-OWNED AND CONTRACTOR-

OWNED CYLINDERS:

The contractor’s price for the gas shall include the furnishing 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. In addition to the services listed in this paragraph, the Contractor is responsible for all maintenance and testing of Contractor owned cylinders.

11. 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.

12. LICENSING, AUTHORIZATION, AND SELLING PERMISSIONS:

12.1 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.

12.2 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.

13. NARA RECORDS MANAGEMENT LANGUAGE FOR CONTRACTS:

13.1 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.

13.2 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.

13.3 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.

13.4 Valley Coastal Bend Veteran Affairs Health Care System (VCBVHCS) 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 VCBVHCS 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.

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

13.6 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. 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 VCBVHCS 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. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

13.7 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 VCBVHCS guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

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

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

13.10 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.

13.11 VCBVHCS 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 VCBVHCS 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.

13.12 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.

13.13 The C&A requirements do not apply, and a Security Accreditation Package is not required.

B.3 PRICE/COST SCHEDULE

Minimum and Maximum Amounts for this IDIQ. Minimum guarantee on this IDIQ is $250.00. The maximum amount for this IDIQ shall not exceed $150,000.00. The government does not guarantee that it will place any orders under this contract in excess of the guaranteed minimum.

ITEM INFORMATION

ITEM

NUMBER DESCRIPTION OF SUPPLIES/SERVICES

BASE PERIOD: Medical Gases and Cylinders The contractor shall provide medical gases, medical gas cylinder rentals and emergency delivery IAW the Statement of Work at the prices in Attachment D.1 Tab 1 for Year 1.

Contract Period: Base POP Begin: 05-31-2026 POP End: 05-30-2027

PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6830 - Gases: Compressed and Liquefied

OPTION PERIOD ONE: Medical Gases and Cylinders emergency delivery IAW the Statement of Work at the prices in Attachment D.1 Tab 2 for Year 2.

Contract Period: Option 1 POP Begin: 05-31-2027 POP End: 05-30-2028

OPTION PERIOD TWO: Medical Gases and Cylinders emergency delivery IAW the Statement of Work at the prices in Attachment D.1 Tab 3 for Year 3.

Contract Period: Option 2 POP Begin: 05-31-2028 POP End: 05-30-2029

OPTION PERIOD THREE: Medical Gases and Cylinders emergency delivery IAW the Statement of Work at the prices in Attachment D.1 Tab 4 for Year 4.

Contract Period: Option 3 POP Begin: 05-31-2029 POP End: 05-30-2030

OPTION PERIOD FOUR: Medical Gases and Cylinders emergency delivery IAW the Statement of Work at the prices in Attachment D.1 Tab 5 for Year 5.

Contract Period: Option 4 POP Begin: 05-31-2030 POP End: 05-30-2031

B.4 DELIVERY SCHEDULE

Delivery schedule and locations will be specified at the delivery order level. Locations will include those listed in the SOW. All deliveries shall be FOB Destination.

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES

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

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

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-

52#FAR_52_252_2

http://www.va.gov/oal/library/vaar/index.asp

(End of Clause)

RFO FAR

Number

Title Date

52.203-17

52.203-19

CONTRACTOR EMPLOYEE WHISTLEBLOWER

RIGHTS

PROHIBITION ON REQUIRING CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS

NOV 2023

JAN 2017

52.204-13 SYSTEM FOR AWARD MANAGEMENT—

MAINTENANCE (DEVIATION)

NOV 2025

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS

DEBARRED, SUSPENDED, PROPOSED FOR

DEBARMENT, OR VOLUNTARILY EXCLUDED. (JAN

2025) (DEVIATION NOV 2025)

NOV 2025

52.209-9

52.209-10

UPDATES OF PUBLICLY AVAILABLE INFORMATION

REGARDING RESPONSIBILITY MATTERS

PROHIBITION ON CONTRACTING WITH INVERTED

DOMESTIC CORPORATIONS. (NOV 2015) (DEVIATION

NOV 2025)

OCT 2018

NOV 2025

52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (NOV

2023) (DEVIATION OCT 2025)

OCT 2025

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE

(DEVIATION)

NOV 2025

52.219-14 52.219-28

52.219-33

LIMITATIONS ON SUBCONTRACTING (DEVIATION)

POSTAWARD SMALL BUSINESS PROGRAM

REREPRESENTATION (DEVIATION)

NONMANUFACTURER RULE. (SEP 2021) (DEVIATION

NOV 2025)

NOV 2025

NOV 2025

NOV 2025

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_252_2 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_252_2 http://www.va.gov/oal/library/vaar/index.asp

52.222-3 CONVICT LABOR (JUN 2003) (DEVIATION NOV 2025) NOV 2025

52.222-19 CHILD LABOR—COOPERATION WITH AUTHORITIES

AND REMEDIES (DEVIATION)

NOV 2025

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH

DISABILITIES. (JUN 2020) (DEVIATION NOV 2025)

NOV 2025

52.222-50

52.223-5

COMBATING TRAFFICKING IN PERSONS

(DEVIATION)

POLLUTION PREVENTION AND RIGHT-TO-KNOW

INFORMATION

NOV 2025

MAY 2024

52.223-23 SUSTAINABLE PRODUCTS (DEVIATION) NOV 2025

52.225-1 BUY AMERICAN—SUPPLIES (OCT 2022) (DEVIATION

NOV 2025)

NOV 2025

52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN

TEXT MESSAGING WHILE DRIVING

MAY 2024

52.229-12 TAX ON CERTAIN FOREIGN PROCUREMENTS SEP 2025

52.232-33

52.232-40

PAYMENT BY ELECTRONIC FUNDS TRANSFER—

SYSTEM FOR AWARD MANAGEMENT

PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS. (MAR 2023)

OCT 2018

MAR 2023

52.233-3

52.233-4

52.237-3 52.244-6

PROTEST AFTER AWARD. (AUG 1996) (DEVIATION

NOV 2025)

APPLICABLE LAW FOR BREACH OF CONTRACT

CLAIM. (OCT 2004) (DEVIATION NOV 2025)

CONTINUITY OF SERVICES

SUBCONTRACTS FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES. (JAN 2025)

(DEVIATION OCT 2025)

NOV 2025

NOV 2025

JAN 1991

OCT 2025

852.203-70 852.222-71

COMMERCIAL ADVERTISING

COMPLIANCE WITH EXECUTIVE ORDER 13899

(DEVIATION) (APR 2025)

MAY 2018

APR 2025

852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS NOV 2018

852.246-71 REJECTED GOODS

OCT 2018

C.2 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 05/31/2026 through 05/30/2031.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of Clause)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $50.00 the Government is not obligated to purchase, nor is the Contractor obligated to furnish those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $30,000.00

(2) Any order for a combination of items in excess of $50,000.00 or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.4 52.216-22 INDEFINITE QUANTITY (NOV 2025) (DEVIATION)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the ordering period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order, which may include order options to be exercised after the ordering period of this contract but before the end of the period of performance of the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order, including options exercised, to the same extent as if the order were completed during the contract's ordering period; provided, that the Contractor shall not be required to make any deliveries under this contract after 5 days of contract expiration for any orders placed in the period of performance.

(End of Clause)

C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

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

The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of contract expiration.

(End of Clause)

C.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

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

(End of Clause)

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

(DEVIATION)

(a) Definitions. As used in this clause— American Security Drone Act-covered foreign entity means an entity included on a list that the Federal Acquisition Security Council (FASC) develops and maintains and publishes in the

System for Award Management (SAM) at https://www.sam.gov (section 1822 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Covered article, as defined in 41 U.S.C. 4713(k), means:

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means—

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means— https://www.sam.gov

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled—

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology;

or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

FASC-prohibited unmanned aircraft system means an unmanned aircraft system manufactured or assembled by an American Security Drone Act—covered foreign entity.

FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring removing covered articles from executive agency information systems or excluding one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201-1.303(d) and (e):

(1) The Secretary of Homeland Security may issue FASCSA orders that apply to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders that apply to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders that apply to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—

(1) The Office of the Director of National Intelligence;

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;

(9) The Bureau of Intelligence and Research of the Department of State;

(10) The Office of Intelligence and Analysis of the Department of the Treasury;

(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or

(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

Interconnection arrangement means arrangements governing the physical connection of two or more networks to allow the use of another’s network to hand off traffic where it is ultimately delivered (e.g., connecting a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Kaspersky Lab-covered article means any hardware, software, or service that—

(1) Is developed or provided by a Kaspersky Lab-covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a Kaspersky Lab-covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a Kaspersky Lab-covered entity.

Kaspersky Lab-covered entity means—

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab, including any change in…