36C26224Q0836.docx

Combined Synopsis/Solicitation Notice

Combined Synopsis/Solicitation Notice

GENERAL INFORMATION

Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

POINT OF CONTACT*

Contract Specialist Jasmine Pressley-Barnard Jasmine.pressley-barnard@va.gov 602-795-4148

PLACE OF PERFORMANCE

Southern Arizona VA Health Care System

3601 S 6th Ave

Tucson

AZ

ADDITIONAL INFORMATION

DESCRIPTION

This is a combined synopsis/solicitation and is unrestricted for commercial supplies prepared in accordance with the format in Subpart 12.6, as supplemented with the additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This is a request for quotes under solicitation number: 36C26224Q0836

The Department of Veterans Affairs Southern Arizona VA Health Care System, Los Angeles, CA 90073 has a requirement for Medical Gas Cylinders. The Contractor shall furnish all supplies/services at The Southern Arizona VA Health Care System located at 3601 S 6th Ave, Tucson AZ 85723.

Shipping included in cost.

NOTE: Potential offers must be aware that the items being acquired are procured as Brand Name or Equal. For those items that are “or equal”, a description of the salient characteristics are outlined below. The FAR Clause 52.211-6 Brand Name or Equal applies to this acquisition. Any items quoted as equal not conforming to the requirements of clause 52.211-6 will be considered non- responsive and not considered for award.

No remanufactures or gray market items will be acceptable. Vendor shall be an Original Equipment Manufacturer (OEM), authorized dealer, authorized distributor or authorized reseller verified by an authorization letter or other documents from the OEM.

The solicitation will be in accordance with FAR Part 12, 13, and 19, Acquisition of Commercial Items, Simplified Acquisition Procedures, Small Business Programs, and Veteran Affairs Acquisition Regulations as supplemented with additional information in this notice. The North American Industrial Classification System (NAICS) code for this requirement is 325120, Size Standard 1,200 Employees. The Contractor shall adhere to all federal and state laws and regulations in effect during the term of this contract. The Government intends to award a firm-fixed-price contract. The Contract begins on the date of award. Due to time constraints, responses to the solicitation shall be due on Monday, March 27, 2024, at 09:00 AM PT Time. Offerors are advised that it is your responsibility to review and monitor the website frequently to ensure you have the most up to date information, including amendments. Correspondence or questions may be directed to Jasmine Pressley-Barnard, Contracting Officer at JASMINE.PRESSLEY-BARNARD@va.gov with "36C26224Q0836, VA Tucson Medical Gas Cylinders” in the subject line within 48 hours of release of this notice. Telephone inquiries will not be honored. Inquiries after the allotted period may not be responded to due to the time constraints of the procurement. All offerors must be registered in www.sam.gov to do business with the Government. Ensure your registration is correct, current and has not expired.

Table of Contents

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: TBD

b. GOVERNMENT: Contracting Officer 36C262 Eileen Shirey Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

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

3. INVOICES: Invoices shall be submitted in arrears:

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.

Submit invoices electronically via:

http://www.tungsten-network.com/us/en/ ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

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B.2 STATEMENT OF WORK

Medical-Grade Cylinder Gas

1. Scope of Contract

1.1 The Southern Arizona VA Health Care System (SAVAHCS) Department of Veterans Affairs (VA) currently has an ongoing requirement for the supply of medical-grade cylinder gases to be delivered to SAVAHCS. This follow-on requirement was originally considered with the Western States Network Consortium (WSNC) national contracts for the distribution and supply of medical-grade cylinder gases which has not been established. The current delivery order that was against this WSNC Nation Contract was not awarded in time to meet Southern Arizona VA Medical Centers needs in the required timeline for these services.

1.2 The purpose of this requirement is to establish a contract vehicle for a Base period with the option to potentially execute a four-year option period to provide a source of supply for medical-grade cylinder gases for SAVAHCS until the WSNC contract can be awarded after the current protests are remedied. The gases to be purchased include, but are not limited to compressed Medical Air USP, Oxygen USP, Carbon Dioxide USP, Nitrogen NF, Nitrous Oxide USP, Helium USP, and specialty medical gas mixtures.

1.3 The current Medical-Grade Cylinder Gases are noted in the schedule (attachment 1). The quantities shown in the schedule are estimates of SAVAHCS monthly/annual current requirements. There is no express or implied guarantee that these quantities will be purchased. The schedule also indicates whether the contractor will fill Government Owned (G) cylinders, or will provide Contractor Owned (C) cylinders, or will be servicing the facility with a combination of both (C/G).

1.4 A Contracting Officer Representative (COR) or Facility Point of Contact (FPOC) will be designated prior to contract award. This person shall be responsible for local contract administration issues and shall monitor the contractor performance in accordance with the contract terms and conditions.

2. Product Specifications

2.1 All medical gases shall conform to specification prescribed in the United States Pharmacopeia and the National Formulary. All medical gas manufactures and fillers of medical gases shall be registered with the FDA; and all medical gases shall be manufactured, processed, packed, transported, and stored 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 resulting contract:

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

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, current edition.

2.3 All products, equipment, and services provided under the resulting contract shall be in compliance with all applicable Federal, State, and Local Regulations.

3. Delivery Requirements

3.1 The contractor shall be required to make deliveries on Monday through Friday between the hours of 8:00am to 10:00am. These hours are required due to multiple other deliveries being made to the facility throughout the day. FOB point is destination. All transportation charges for cylinders shall be included in the unit price for gas. Additional charges such as delivery fees, hazardous materials fees, fuel surcharges, etc. shall NOT be billed to or collected from the facility for orders received under this contract.

3.2 Material Safety Data Sheets shall be provided to the COR or FPOC upon request at no additional charge.

3.3 Should an emergent need arise for a special delivery outside the normal delivery dates/times, the COR/FPOC shall contact the contractor to establish an emergent order and delivery time.

4. Non-Repairable Government Property

4.1 Prior to disposing of non-repairable Government-Owned cylinders, parts, fittings, and appurtenances, the contractor shall contact the facility. Contractor shall make disposition in accordance with the ordering activity’s instructions.

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

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

4.4 If the activity request, and the contractor agrees to dispose of any non-repairable Government-Owned property, the fee shall be negotiated and agreed upon between the two parties prior to the disposal of the property. This will be funded by a separate order issued at the requesting facility.

5. Cylinders and Other Containers

5.1 Laws and Regulations: Cylinders and other containers for gaseous and liquid forms of gases shall comply with the Department of Transportation (DOT) Specifications that regulates the transport of hazardous materials through Title 49 of the Code of Federal Regulations (49 CFR), Subchapter C, "Hazardous Materials Regulations." Parts 171-177 & 180 (as applicable) provide general information on hazardous materials and regulation for their packaging and their shipment by rail, air, vessel, and public highway. Filling, packaging, labeling, etc., for medical gases shall also comply with the Federal Food, Drug, and Cosmetic Act.

5.2 Marking: Cylinders shall comply with CGA Publication C-7 – Guide to Preparation of Precautionary Labeling and Marking of Compressed Gas Containers, current edition.

5.3 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, current edition.

5.4 Valves: Valves shall comply with CGA Safety Bulletin SB-26, current edition and CGS Publication V-1 – Compressed Gas Association Standard for Compressed Gas Cylinder Valve Outlet and Inlet Connections, current edition. 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 fitting must be permanently brazed to prevent their removal. In addition, each container should contain a 360-degree cryoband applied at the top of the container with the drug product name repeated around the entire container.

5.5 Hydrostatic Testing:

5.5.1 Retest Date: If applicable DOT regulations would require retesting of cylinder/s within three (3) months after scheduled date of shipment to Continental U.S. Destination, or within six (6) months after schedule 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.

5.5.2 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 service by the most economical means which will comply with DOT regulation previously stated 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 indication 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.

5.5.3 Hydrostatic testing shall be performed in accordance with CGA’s Publication – C-1, Methods for Hydrostatic Testing of Compressed Gas Cylinders, current edition.

5.5.4 Visual inspection shall be performed in accordance with the applicable CGA Publications C-6; Standards for Visual inspection of Steel Compressed Gas Cylinders, or C-6.1: Standards for Visual Inspection of High Pressure Aluminum Compressed Gas Cylinders, current editions.

5.5.5 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 on a separate purchase order issued by the ordering facility by request.

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

5.7 Individual Agency Ownership of Cylinders: Government-Owned cylinders shall remain the property of the individual ordering (owning) agency and shall not be exchanged for other cylinders, either Government-Owned or contractor-owned, without authorization of the ordering agency.

5.8 Lost or Damaged Contractor-Owned Cylinders: For each contractor-owned cylinder lost or damaged beyond repair while in the Governments possession, the Government shall pay to the Contractor the replacement value, less the allocable rental paid for that cylinder. These cylinders shall become Government property. If any lost cylinder is located within 30 calendar days after payment by the Government, it may be returned to the contractor by the Government, and the contractor shall pay to the Government an amount equal to the replacement value, less rental, computed in accordance with section 8 of this statement of work.

5.9 Disposal of Government Owned Cylinders: Government owned cylinders that must be disposed of will be covered by a separate purchase order issued by the facility that requires the disposal.

5.10 Repair of Government Owned Cylinders: Repairs of Government owned cylinders will be covered by a separate purchase order issued by the facility that requires the repairs.

5.11 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.

5.12 Transportation of Cylinders: All transportation charges for empty Government-Owned and contractor-owned cylinders from the ordering facility to the contractor’s facility shall be at the expense of the contractor.

6. Price of Services for Government-Owned and Contractor-Owned Cylinders The contractor’s price for the gas shall include the furnishing, at no additional cost, of all services which are required at each filling of a cylinder to comply with applicable regulations, specifications, and normal good practices. Such services shall include, but are not limited to: tags indicating cylinder is “Full”, “In Use”, or “Empty”. Inspection, testing’s, evaluation, and cleaning services required at each filling: pin-indexing, when required, and attachment of Government-Furnished warning tags, when required. Attaching of oxygen cylinders to manifold systems, when required, shall also be performed by the contractor at no additional cost. In addition to services listed in this paragraph, the contractor is responsible for all maintenance and testing of contractor-owned cylinders.

7. 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, current edition, shall be used when necessary to convert measurement of these gases from one form to another; for example, from cubic feet to gallons.

Attachment 1 Medical-Grade Cylinders

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B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

RENT CYL MED LARGE OTHER

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

LOCAL STOCK NUMBER: RRCYLMLGOTH

RENT CYL MEDICAL LARGE

LOCAL STOCK NUMBER: RRCYLMLG

RENT CYL MEDICAL SMALL

LOCAL STOCK NUMBER: RRCYLMSM

RENT CYL MEDICAL WALK ABOUT

LOCAL STOCK NUMBER: RRCYLMWB

RENT CYL MEDICAL EXTRA SMALL

LOCAL STOCK NUMBER: RRCYLMXS

RENT CYL SPECIALTY ALUM LARGE

LOCAL STOCK NUMBER: RRCYLSAL

RENT CYL SPECIALTY LARGE

LOCAL STOCK NUMBER: RRCYLSLG

RENT CYL SPECIALTY SMALL

LOCAL STOCK NUMBER: RRCYLSSM

RENT CYL VERY HIGH PRESSURE

LOCAL STOCK NUMBER: RRCYLVHP

RENT LIQUID IND MEDIUM 160-180 Medical-Other

LOCAL STOCK NUMBER: RRLIQIMD

RENT LIQUID Medical-Other

LOCAL STOCK NUMBER: RRLIQ

AIR USP 200 CGA 346 Medical-Other

LOCAL STOCK NUMBER: AI USP200

AIR USP E CGA 950 Medical-Other

LOCAL STOCK NUMBER: AI USPE

AIR USP E CGA 950C/O Medical-Other

LOCAL STOCK NUMBER: AI USPEC

ARGON UHP GR 5.0 SIZE 200 Medical-Other

LOCAL STOCK NUMBER: AR UHP200

ARGON UHP SZ 6K HP Medical-Other

LOCAL STOCK NUMBER: AR UHP6K

CARBON DIOXIDE USP 50 POUND CGA 320 Medical-Other

LOCAL STOCK NUMBER: CD USP50

CARBON DIOXIDE USP 50 LB CGA 320 C/O Medical-Other

LOCAL STOCK NUMBER: CD USP50C

CARBON DIOXIDE USP E CGA 940 Medical-Other

LOCAL STOCK NUMBER: CD USPE

CARBON DIOXIDE USP EA CGA 940 Medical-Other

LOCAL STOCK NUMBER: CD USPEA

CARBON DIOXIDE USP E CGA 940 C/O Medical-Other

LOCAL STOCK NUMBER: CD USPEC

HELIUM UHP 200 Medical-Other

LOCAL STOCK NUMBER: HE UHP200

HELIUM UHP SIZE 6K Medical-Other

LOCAL STOCK NUMBER: HE UHP6K

HELIUM USP MEDICAL PURE 200 CGA 580 Medical-Other

LOCAL STOCK NUMBER: HE USP200

HELIUM USP SZ M4 Medical-Other

LOCAL STOCK NUMBER: HE USPM4

NITROGEN IND LIQ 180LT 22PSI Medical-Other

LOCAL STOCK NUMBER: NI NF180LT22

NITROGEN GMP DEWAR REFILL 10 LT Medical-Other

LOCAL STOCK NUMBER: NI GMPDEWARFILL10L

NITROGEN GMP DEWAR REFILL 20 LT Medical-Other

LOCAL STOCK NUMBER: NI GMPDEWARFILL20L

NITROGEN GMP DEWAR REFILL 25 LT Medical-Other

LOCAL STOCK NUMBER: NI GMPDEWARFILL25L

NITROGEN GMP DEWAR REFILL 30 LT Medical-Other

LOCAL STOCK NUMBER: NI GMPDEWARFILL30L

NITROGEN GMP DEWAR REFILL 35 LT Medical-Other

LOCAL STOCK NUMBER: NI GMPDEWARFILL35L

NITROGEN GMP DEWAR REFILL 50 LT Medical-Other

LOCAL STOCK NUMBER: NI GMPDEWARFILL50L

NITROGEN NF LIQ 160LT 22PSI Medical-Other

LOCAL STOCK NUMBER: NI NF160LT22

NITROGEN NF LIQ 180LT 22PSI Medical-Other

LOCAL STOCK NUMBER: NI NF180LT22

NITROGEN MEDICAL NF 200 CGA 580 Medical-Other

LOCAL STOCK NUMBER: NI NF200

NITROGEN MEDICAL NF 200 CGA 580 C/O Medical-Other

LOCAL STOCK NUMBER: NI NF200C

NITROGEN MEDICAL NF 80 CGA 580 Medical-Other

LOCAL STOCK NUMBER: NI NF80

NITROGEN NF DEWAR FILL FROM BULK Medical-Other

LOCAL STOCK NUMBER: NI NFREFILL

NITROGEN UHP 200 CGA 580 Medical-Other

LOCAL STOCK NUMBER: NI UHP200

NITROUS OXIDE CRYOCATH 10LB ALUM C/O Medical-Other

LOCAL STOCK NUMBER: NS CC10ACT50C

NITROUS OXIDE USP 20 LBS Medical-Other

LOCAL STOCK NUMBER: NS USP20

NITROUS OXIDE USP 20 LB CGA 326 C/O Medical-Other

LOCAL STOCK NUMBER: NS USP20C

NITROUS OXIDE USP SIZE 56LBS Medical-Other

LOCAL STOCK NUMBER: NS USP56

NITROUS OXIDE USP E CGA 910 Medical-Other

LOCAL STOCK NUMBER: NS USPE

NITROUS OXIDE USP EA CGA 910 Medical-Other

LOCAL STOCK NUMBER: NS USPEA

NITROUS OXIDE USP EA CGA 910 Medical-Other

LOCAL STOCK NUMBER: NS USPEAMRI

OXYGEN USP MEDICAL PURE 200 CGA 540 Medical-Other

LOCAL STOCK NUMBER: OX USP200

OXYGEN USP 200 CGA 540 C/O Medical-Other

LOCAL STOCK NUMBER: OX USP200C

OXYGEN USP MEDICAL PURE E CGA 870 Medical-Other

LOCAL STOCK NUMBER: OX USPE

OXYGEN USP MEDICAL PURE EA CGA 870 Medical-Other

LOCAL STOCK NUMBER: OX USPEA

OXYGEN USP EA CGA 870 C/O Medical-Other

LOCAL STOCK NUMBER: OX USPEAC

OXYGEN USP MEDICAL EA CGA 870 MRI Medical-Other

LOCAL STOCK NUMBER: OX USPEAMRI

OXYGEN USP EA CGA 870 C/O Medical-Other

LOCAL STOCK NUMBER: OX USPEAMRIC

OXYGEN USP MEDICAL PURE EA CGA WOB Medical-Other

LOCAL STOCK NUMBER: OX USPEAWBDS

OXYGEN USP EA WOB+ DISS Medical-Other

LOCAL STOCK NUMBER: OX USPEAWBPLUS

OXYGEN USP EA WOB+ DISS W/SWIVEL Medical-Other

LOCAL STOCK NUMBER: OX USPEAWBSPLUS

OXYGEN USP MEDICAL PURE E CGA WOB Medical-Other

LOCAL STOCK NUMBER: OX USPEWB

USP 20% OX/HE 200 Medical-Other

LOCAL STOCK NUMBER: Z02HE8012003042

LD 0.3 % ME/0.3 % CM/21 % OX/NI 200 Medical-Other

LOCAL STOCK NUMBER: Z04NI7852003060

B.4 DELIVERY SCHEDULE

Southern Arizona VA Health Care System 3601 S 6th Ave Tucson, AZ 85723

520-792-1450 x16528 lasalle.prentiss@va.gov

Southern Arizona VA Health Care System 3601 S 6th Ave Tucson, AZ 85723

Southern Arizona VA Health Care System 3601 S 6th Ave Tucson, AZ 85723

Southern Arizona VA Health Care System 3601 S 6th Ave Tucson, AZ 85723

Southern Arizona VA Health Care System 3601 S 6th Ave Tucson, AZ 85723

Southern Arizona VA Health Care System 3601 S 6th Ave Tucson, AZ 85723

Southern Arizona VA Health Care System 3601 S 6th Ave Tucson, AZ 85723

Southern Arizona VA Health Care System 3601 S 6th Ave Tucson, AZ 85723

Southern Arizona VA Health Care System 3601 S 6th Ave Tucson, AZ 85723

Southern Arizona VA Health Care System 3601 S 6th Ave Tucson, AZ 85723

Southern Arizona VA Health Care System 3601 S 6th Ave Tucson, AZ 85723

Southern Arizona VA Health Care System 3601 S 6th Ave Tucson, AZ 85723

Southern Arizona VA Health Care System 3601 S 6th Ave Tucson, AZ 85723

Southern Arizona VA Health Care System 3601 S 6th Ave Tucson, AZ 85723

Southern Arizona VA Health Care System 3601 S 6th Ave Tucson, AZ 85723

Southern Arizona VA Health Care System 3601 S 6th Ave Tucson, AZ 85723

Southern Arizona VA Health Care System 3601 S 6th Ave Tucson, AZ 85723

Southern Arizona VA Health Care System 3601 S 6th Ave Tucson, AZ 85723

Southern Arizona VA Health Care System 3601 S 6th Ave Tucson, AZ 85723

Southern Arizona VA Health Care System 3601 S 6th Ave Tucson, AZ 85723

Southern Arizona VA Health Care System 3601 S 6th Ave Tucson, AZ 85723

Southern Arizona VA Health Care System 3601 S 6th Ave Tucson, AZ 85723

Southern Arizona VA Health Care System 3601 S 6th Ave Tucson, AZ 85723

Southern Arizona VA Health Care System 3601 S 6th Ave Tucson, AZ 85723

Southern Arizona VA Health Care System 3601 S 6th Ave Tucson, AZ 85723

Southern Arizona VA Health Care System 3601 S 6th Ave Tucson, AZ 85723

Southern Arizona VA Health Care System 3601 S 6th Ave Tucson, AZ 85723

Southern Arizona VA Health Care System 3601 S 6th Ave Tucson, AZ 85723

Southern Arizona VA Health Care System 3601 S 6th Ave Tucson, AZ 85723

Southern Arizona VA Health Care System 3601 S 6th Ave Tucson, AZ 85723

Southern Arizona VA Health Care System 3601 S 6th Ave Tucson, AZ 85723

Southern Arizona VA Health Care System 3601 S 6th Ave Tucson, AZ 85723

Southern Arizona VA Health Care System 3601 S 6th Ave Tucson, AZ 85723

Southern Arizona VA Health Care System 3601 S 6th Ave Tucson, AZ 85723

Southern Arizona VA Health Care System 3601 S 6th Ave Tucson, AZ 85723

Southern Arizona VA Health Care System 3601 S 6th Ave Tucson, AZ 85723

Southern Arizona VA Health Care System 3601 S 6th Ave Tucson, AZ 85723

Southern Arizona VA Health Care System 3601 S 6th Ave Tucson, AZ 85723

Southern Arizona VA Health Care System 3601 S 6th Ave Tucson, AZ 85723

Southern Arizona VA Health Care System 3601 S 6th Ave Tucson, AZ 85723

Southern Arizona VA Health Care System 3601 S 6th Ave Tucson, AZ 85723

Southern Arizona VA Health Care System 3601 S 6th Ave Tucson, AZ 85723

Southern Arizona VA Health Care System 3601 S 6th Ave Tucson, AZ 85723

Southern Arizona VA Health Care System 3601 S 6th Ave Tucson, AZ 85723

Southern Arizona VA Health Care System 3601 S 6th Ave Tucson, AZ 85723

Southern Arizona VA Health Care System 3601 S 6th Ave Tucson, AZ 85723

Southern Arizona VA Health Care System 3601 S 6th Ave Tucson, AZ 85723

Southern Arizona VA Health Care System 3601 S 6th Ave Tucson, AZ 85723

Southern Arizona VA Health Care System 3601 S 6th Ave Tucson, AZ 85723

Southern Arizona VA Health Care System 3601 S 6th Ave Tucson, AZ 85723

Southern Arizona VA Health Care System 3601 S 6th Ave Tucson, AZ 85723

Southern Arizona VA Health Care System 3601 S 6th Ave Tucson, AZ 85723

Southern Arizona VA Health Care System 3601 S 6th Ave Tucson, AZ 85723

Southern Arizona VA Health Care System 3601 S 6th Ave Tucson, AZ 85723

Southern Arizona VA Health Care System 3601 S 6th Ave Tucson, AZ 85723

Southern Arizona VA Health Care System 3601 S 6th Ave Tucson, AZ 85723

Southern Arizona VA Health Care System 3601 S 6th Ave Tucson, AZ 85723

Southern Arizona VA Health Care System 3601 S 6th Ave Tucson, AZ 85723

Southern Arizona VA Health Care System 3601 S 6th Ave Tucson, AZ 85723

36C26224Q0836

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SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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

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

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

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

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

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

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

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

(i) Payment.—

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

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance.