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

459-27-1-622-0003

36C26126Q1033 08-21-2026

Maricela.Berrones-Gauger@va.gov 559-225-6100 6792 09-11-2026

10AM PDT

Department of Veterans Affairs

Network Contracting Office (NCO) 21

X 100

X

811210

$34 Million

N/A

X

Reference Performance Work Statement Department of Veterans Affairs

Network Contracting Office (NCO) 21

Department of Veterans Affairs

FMS-VA-2(101) Financial Services Center

PO BOX 149971

Austin TX 78714-9971

See CONTINUATION Page

The contractor shall provide Medical Gas maintenance, testing, inspection, and repair/replacement inspection, and for Veterans Affairs Pacific Island Health Care System

(VAPIHCS) in accordance with the performance work statement.

Period of Performance: 10/01/2026 - 09/30/2031

Base Year: 10/1/2026 - 09/30/2027

Option Year 1: 10/1/2027 - 09/30/2028

Option Year 2: 10/1/2028 - 09/30/2029

Option Year 3: 10/1/2029 - 09/30/2030

Option Year 4: 10/01/2030 - 09/30/2031

See CONTINUATION Page

X

Maricela Berrones-Gauger

Contracting Officer

36C26126Q1033

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 PERFORMANCE WORK STATEMENT

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

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

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 24

C.4 52.219-14 LIMITATIONS ON SUBCONTRACTING (NOV 2025) (DEVIATION)

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

(DEVIATION APR 2026)

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

(DEVIATION)

C.7 52.240-93 BASIC SAFEGAURDING OF COVERED CONTRACTOR

INFORMATION SYSTEMS (DEVIATION) (NOV 2025)

C.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.9 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

C.10 VAAR 852.204-72 PERSONNEL VETTING AND CREDENTIALING (DEVIATION)

(MAR 2026)

C.11 SUPPLEMENTAL INSURANCE REQUIREMENTS

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

E.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.3 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (OCT 2025) (DEVIATION)

E.4 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)

E.5 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (NOV 2025)

(DEVIATION)

E.6 52.233-2 SERVICE OF PROTEST (SEP 2006)(DEVIATION)(NOV 2025)

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

1998)

E.8 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

E.9 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C261 Department of Veterans Affairs Network Contracting Office (NCO) 21

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

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

12.00 MO __________________ __________________

Medical Gas Maintenance, Testing, Inspection, Repair, Replacement Contract Period: Base POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

MANUFACTURER PART NUMBER (MPN): N/A

1.00 HR __________________ __________________

Hourly rate for unscheduled maintenance and repair not to exceed $300,000 per year Contract Period: Base POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary

Contract Period: Option Year 1 POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary

$75,000 per year Contract Period: Option Year 1 POP Begin: 10-01-2027

POP End: 09-30-2028 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary

Contract Period: Option Year 2 POP Begin: 10-01-2028 POP End: 09-30-2029 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary

$75,000 per year Contract Period: Option Year 2 POP Begin: 10-01-2028 POP End: 09-30-2029 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary

Contract Period: Option Year 3 POP Begin: 10-01-2029 POP End: 09-30-2030 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary

Hourly rate for unscheduled maintenance and repair not to exceed $75,000 per year Contract Period: Option Year 3 POP Begin: 10-01-2029 POP End: 09-30-2030 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary

Contract Period: Option Year 4 POP Begin: 10-01-2030 POP End: 09-30-2031 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary

$75,000 per year Contract Period: Option Year 4 POP Begin: 10-01-2030 POP End: 09-30-2031 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary

GRAND TOTAL __________________

B.3 PERFORMANCE WORK STATEMENT

Medical Gases Oxygen, Compresses Air and Vacuum Systems

1. Scope of Work

The Contractor shall provide all labor, material, and equipment to perform complete inspection, testing, repair, replacement, and preventive maintenance for the following government-owned equipment at the following Department of Veterans Affairs facilities listed below.

1.1 Period Of Performance

Base Year: October 1, 2026 through September 30, 2027

Option Year 1: October 1, 2027 through September 30, 2028

Option Year 2: October 1, 2028 through September 30, 2029

Option Year 3: October 1, 2029 though September 30, 2030

Option Year 4: October 1, 2030 through September 30, 2031

2. Location of Work

2.1 Center for Aging, Building 110, 110 Krukowski Rd, Honolulu, HI 96819

One (1) Chemetron BOL-150-2 Totally Oil-Free Duplex Reciprocating Air Compressor.

One (2) Hankison HPRE75 Refrigerated Air Dryer.

One (1) Amico A310 Carbon Monoxide Monitor.

One (1) Kahn 75-5495-8-10 Dew Point Monitor.

One (1) Amico Total Oil Recirculating V-RVL-D-120P Duplex Vacuum Pump.

One (1) Amico M2HD-D-HH-U-OXY High-Pressure Supply Manifold.

Two (2) Chemetron 74-14-1011 Master Alarm Panel.

One (1) Chemetron 74-14-6025 Area Alarm Panel.

Seven (7) Chemetron 77-83-1134 Zone Valve Box.

One (1 Lot) Chemetron 77-03-0002, -0003, -0004, -0005, -0006, -0008, Ball Valve with copper extensions.

One (1 Lot) Chemetron 64-01-5001, -5002, -5003, Quick Connect Outlet Station.

One (1 Lot) Chemetron 64-64-5601, DISS Connect Outlet Station.

2.2 Ambulatory Care Clinic, Building 30, 459 Patterson Road, Honolulu, HI 96819

One (1) Chemetron 61-21-970315 Air Compressor System.

One (1) Chemetron 63-13-970315 Air Dryer Package.

One (1) Air Techniques AirStar 50 Dental Air System.

One (1) Air Techniques VacStar 80H Dental Vacuum System.

One (1) Chemetron 62-3030-970315 Vacuum Pump System.

One (1) Chemetron 86-41-9006 Reserve Manifold, & One Chemetron (1) 86-41-9001

Oxygen Manifold.

Two (2) Chemetron 74-14-1012 Master Alarm Panel.

One (1) Chemetron 74-14-6020 Area Alarm Panel.

Five (5) Chemetron 74-14-6025 Area Alarm Panel.

One (1) Chemetron 77-83-1135 Zone Valve Box.

Two (2) Chemetron 77-83-1113 Zone Valve Box.

One (1 Lot) Chemetron 77-03-0002. -0003. -0004. -0005. -0006. -0008. Ball Valve withcopper extensions.

One (1 Lot) Chemetron 64-20-0001, -0002, -0005; 64-01-5001, -5002, -5003 Quick

Connect Outlet Stations.

One (1 Lot) Chemetron 64-06-0001 Vacuum Slide, 86-41-9002, -9003, -9004, -9005, -

9006 Check Valves, Regulators, etc.

3. Specific Contractor Task:

Contractor shall provide the services listed below:

3.1 Maintenance and inspection service shall be performed by a minimum journeyman status as recognized by the industry with at least four (4) years of experience and certified training in the inspection, testing, and maintenance of medical gases systems.

3.2 The contractor shall furnish all tools, equipment, test instruments, cleaning materials and preventive maintenance parts required. All work shall be performed to meet requirements of

National Fire Protection Association NFPA 99C “Gas and Vacuum Systems”, The Joint

Commission (TJC) standards, ASSE 6000 Standard and any other applicable code standards related to medical gas systems.

3.3 Work is to be performed all year-round Monday through Friday between the hours of

7:30AM and 4:00PM, exclusive of Federal holidays (New Year’s Day, Martin Luther King Day, Washington’s Birthday, Memorial Day, Juneteenth, 4th of July, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, and Christmas Day).

3.4 The Contractor shall respond to service calls at the VA facilities no later than the following schedule:

3.4.1 Emergency Repairs: An emergency repair shall be defined as one in which any portion of the medical gas, compressed air and vacuum systems is shutdown or is inoperable due to breakdown, malfunction, fire, or any other condition determined by the Contracting Officers

Representative (COR) or authorized Government inspector that presents an immediate danger to personnel or threatens to impair the mission of the facility. A mechanic shall be on the site ready to service the medical gas, compressed air, and vacuum systems within one (1) hour of receiving a request for emergency service call, 24 hours a day, 7 days a week. After receiving a request for emergency service, the work shall be prosecuted continuously until the emergency situation is arrested. Resolutions shall include repair of parts or equipment, replacement of parts or equipment, or interim mitigation of the failure until final settlement can be accomplished.

3.4.2 Urgent Repairs: An urgent repair shall be defined as one in which the medical gas, compressed air and vacuum system may become inoperable due to malfunction or need for servicing or threatens to impair the mission of the facility. A mechanic shall be on the site to service the medical gas, compressed air, and vacuum systems within four (4) hours of receiving a request for urgent service, the work shall be prosecuted continuously until the urgent situation is arrested. Examples of urgent repairs includes Medical gas system leaking seeping or weeping, power fluctuation affecting the system, or medical gas system no longer functioning.

Resolutions shall include repair of parts or equipment, replacement of parts or equipment, or interim mitigation of the failure until final settlement can be accomplished.

3.4.3 System shut down/standby: The government or the Contracting Officers Representative may direct the contractor to shut down the system at its convenience to allow other government or contract work to be performed in that area. The contractor shall be available 24 hours a day, seven days a week. The government or the Contracting Officers Representative will provide the contractor with a 24-hour notice of shut down service. At such time, the contractor will be provided with the time and date of the shutdown, to include when the equipment will be back to operating status. The contractor is not required to be at the job site during the period the system is shutdown. The Contractor will be compensated for the actual time it takes to shut down the system and the actual time it takes to turn-on the system. Standby requires the Contractor to be at the job site during specified periods, as directed by the government or the Contracting

Officers Representative. Standby may be required when system is shut down or when other work (i.e., construction, electrical outages, etc.) may adversely affect the system. The

Contractor will be compensated for the entire standby period.

3.4.4 Routine Repair: Service at the site within the next normal workday after the Contractor has been contacted for service. The work is done during regular working hours.

3.5 Shutdown of any portion of any system regardless of duration shall be coordinated through and approved by the Contracting Officers Representative or VA Facilities

Management/Engineering Service staff.

3.6 Contractor shall respond only to calls for service placed by the following VA personnel:

1. Contracting Officers Representative.

2. VA Facilities Management/Engineering Service Operations & Maintenance Chief

(O&M) section, O&M, Facilities Operations Specialist, O&M Support Clerk, or O&M

Duty Mechanic.

3. CFA/CLC Clinical Staff or designees.

3.7 For each visit to the facility, the contractor must log-in at the CFA mechanical room (A118) or ACC mechanical room (1-C10) or CFA Nurse Station B, both upon arrival and prior to departure. This procedure is mandatory. At the end of each month, log-in sheets and checklists are to be turned into the O&M Office located in E-Wing, room 1-C116.

3.8 Contractor shall provide all resources required in performing these maintenance services and inspections, including, but not limited to, routine parts, routine materials, cleaning fluids, equipment, tools, shipping, travel, and labor. Contractor is responsible to determine the nature and extent of any work required to restore equipment to satisfactory condition and operation as determined by the VA. All service, maintenance, inspections and testing will be in accordance with attachments (A) through (F) and manufacture/contractors’ standards whichever are more stringent.

3.9 Definition of Nominal Cost: Any cost in which labor and parts are no greater than $2500.00.

3.10 For the costs associated with any unscheduled repair parts, replacement of equipment, materials, or man-hours, unless nominal, a detailed cost estimate of time and materials shall be first submitted to the Contracting Officers Representative of Facilities Management/Engineering office for review approval. Once approved, a separate invoice must be submitted into Tungsten and shall be paid by a separate Contract Line-Item Number (CLIN) once work is completed.

3.11 For any service, repair, or replacement of equipment that is required which the Contractor believes to be more than the contract provisions, unless nominal, must not be performed without prior authorization from the Contracting Officers Representative or Facilities

Management/Engineering office. A detailed cost estimate of time and materials must be submitted to the Contracting Officers Representative for review and approval. Once approved, a separate invoice must be submitted into Tungsten and shall be paid by a separate Contract

Line-Item Number (CLIN) once work is completed.

3.12 Contractor will certify the system annually in accordance with NFPA 99 standards, which includes calibration of all gauges and affixing a seal, certifying the date of calibration.

3.13 Where the VA gives specific maintenance procedures or guidelines, Contractor shall perform in accordance with these guidelines, in addition to industry guidelines. If the VA does not give a specific procedure, the manufacturer recommended preventive maintenance (PM) procedure as described in the official service manual will be followed, and the Contractor shall submit a detailed description of the procedure to be followed in performance of preventive maintenance (PM).

3.14 Contractor in accordance with Department of Veterans Affairs policies and procedures shall complete documentation of all preventive maintenance and repair for Joint Commission

Environment of Care Accreditation standards. Any additional documentation required in preparation for a The Joint Commission (TJC) inspections shall be provided by the contractor at no additional cost to the government.

3.15 Contractor shall observe check-in/out procedures by “Signing In and Out”, so that the VA will be aware of the Contractor’s presence at the facility at all times. Upon each departure, Contractor shall serve notice of disposition of work to the Engineering contact office.

3.16 Contractor shall have a comprehensive inventory of parts and components for all equipment covered under contract, immediately available for necessary repairs in order to limit equipment downtime.

3.17 Payment will be made in arrears of the specified billing period after receipt of a properly prepared invoice submitted to Tungsten, provided all required work, including preventive maintenance, has been performed in accordance with contract.

3.18 The Contractor shall obtain all necessary licenses and/or permits required to perform this work.

3.19 Contractor shall take all precautions necessary to protect people and property from injury or damage during the performance of this contract. Contractor shall be responsible for any injury to any Contractor’s representative, or others, as well as, for any damage to personal or public property that occurs during the performance of this contract that is caused by the

Contractor’s fault or negligence.

3.20 Contractor shall be responsible for monitoring the supply levels of the medical oxygen system at both buildings.

3.20.1 This responsibility includes: Change out of empty "H" oxygen cylinders on the supply manifolds as needed or as called by staff at CFA and ACC reporting Low Oxygen Supply.

3.20.2 Included with cylinder change is testing each tank for oxygen purity, replacing empty cylinders to its location in the cage and securing full cylinders to the manifold. VA will supply full oxygen cylinders and ensure that ample supply is available when changes are required. This service must be available 24/7, holidays included. Transporting cylinders between ACC manifold and storage area must be done with a cylinder transport truck, provided by the contractor.

3.20.3 Contractor will notify the CFA/CLC staff and or Contracting Officers Representative with adjustments to medical oxygen cylinder deliveries, if the supply reaches dangerously low levels.

If necessary, the Contractor will provide medical oxygen cylinders (type “H”) should an emergency arise due to high unforeseen usage, or the inability of the normal medical oxygen supply vendor to provide an adequate supply. These type “H” medical oxygen cylinders will be billed separately if the emergency arises.

3.20.4 Requirements related to The Joint Commission (TJC): The Contractor shall meet and/or exceed the requirements set forth by The Joint Commission, Management of the

Environment of Care standards (EC), Ascellon Survey, and other related documentation required by the VA facility.

3.20.5 Environment of Care standard EC.7.50 The organization maintains, tests, and inspects its medical gas and vacuum systems.

Elements of performance for EC.7.50

1. The organization inspects, tests, and maintains critical components of piped medical gas systems including master signal panels, area alarms, automatic pressure switches, shutoff valves, flexible connectors, and outlets.

2. The organization tests piped medical gas and vacuum systems when the systems are installed, modified, or repaired, including cross-connection testing, piping purity testing, and pressure testing.

3. The organization maintains the main supply valve and area shut-off valves of piped medical gas and vacuum systems to be accessible and clearly labeled.

3.21 Documentation requirements

Monthly: Daily logs of previous month’s medical gas system readings.

Any incident reports pertaining to unexpected breakdown/failure of medical gas system components.

Quarterly: Preventive maintenance and repairs logs/reports for the previous quarter, including semi-annual and annual logs/reports that were performed during that quarter.

Semi-annual: Update of medical gas system binder, which includes layout of emergency shutoff valves, rooms served, alarm panel locations.

Annually: Certification of system.

Calibration records (if applicable)

Record of training of staff at respective sites (Center for Aging, Ambulatory Care

Clinic).

Preventive maintenance and repair history on major equipment components.

RECORDS MANAGEMENT OBLIGATIONS

A. Applicability

This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

B. Definitions

“Federal Record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

1. includes [Agency] records.

2. does not include personal materials.

3. applies to records created, received, or maintained by Contractors pursuant to their [Agency] contract.

4. may include deliverables and documentation associated with deliverables.

C. Requirements

The following standard Items relate to records generated in executing this contract and should be included in a typical contract where records could possibly be created, maintained or dispositioned:

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. [FACILITY] 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 [FACILITY] 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 [FACILITY]. 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 [FACILITY] 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 [FACILITY] 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 [FACILITY] policy.

8. The Contractor shall not create or maintain any records containing any non-public [FACILITY] 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 [FACILITY] 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 [FACILITY] 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. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

[Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.]

D. Flowdown of requirements to Subcontractors

1. The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this [contract vehicle], and require written subcontractor acknowledgment of same.

2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

RECORDS MANAGEMENT OBLIGATIONS

A. Applicability

This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

B. Definitions “Federal Record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

1. includes [Agency] records.

2. does not include personal materials.

3. applies to records created, received, or maintained by Contractors pursuant to their [Agency] contract.

4. may include deliverables and documentation associated with deliverables.

C. Requirements

The following standard Items relate to records generated in executing this contract and should be included in a typical contract where records could possibly be created, maintained or dispositioned:

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. [FACILITY] 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 [FACILITY] 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 [FACILITY]. 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 [FACILITY] 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 [FACILITY] 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 [FACILITY] policy.

8. The Contractor shall not create or maintain any records containing any non-public [FACILITY] 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 [FACILITY] 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 [FACILITY] 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. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

[Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.]

D. Flow down of requirements to Subcontractors

1. The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this [contract vehicle], and require written subcontractor acknowledgment of same.

2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

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

(b) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The

Government must exercise its post acceptance rights—

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

and

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

(c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31

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

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

(e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall—

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

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

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

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31

U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

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

(i) Payment—

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

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

Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

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

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

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

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

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

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

(D) Contractor point of contact; and

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

Officer.

(5) Interest.

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

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

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

(iii) Final decisions. The Contracting Officer will issue a final decision as required by FAR part 33 if—

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

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR part 32).

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

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

(A) The date fixed under this contract.

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

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

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

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

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

(vii) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.

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

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

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

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

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

Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. In the event of termination for cause, the

Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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

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

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

(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain

Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

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

chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

(2) The Disputes, Payments, Invoice, Compliance with Laws Unique to Government

Contracts, and Unauthorized Obligations paragraphs of this clause;

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

(4) Addenda to this solicitation or contract,

(5) Solicitation provisions incorporated in the solicitation.

(6) Other paragraphs of this clause.

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

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph…