75F40126Q133475.pdf

75F40126Q133475

This is a combined synopsis/solicitation for commercial items prepared in accordance with the Federal Acquisition Regulation (FAR) RFO Part 12, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The solicitation number is 75F40126Q133475. This solicitation is issued as a Request for Quote (RFQ).

The associated North American Industry Classification System (NAICS) code for this acquisition is 325120 – Industrial Gas Manufacturing; the applicable Small Business Size Standard is 1,200 employees. This requirement is conducted as full and open. Any sized business under the applicable NAICS code may submit a quote.

Requirement

The US FDA, Center for Biologics Evaluation and Research (CBER) has a requirement for a contractor-supplied telemetry system with telemetry monitoring and delivery of a constant CO2 supply for a government owned external bulk CO2 tank located at the loading dock of Building 52 at the U.S. Food and Drug Administration, Federal Research Center White Oak Campus, 10903 New Hampshire Avenue, Silver Spring, MD 20993. This requirement is for a Base period plus four (4) possible one-year option years. The current contract for this service will expire on 09/17/2026 so a new contract for a Base plus four (4) option years will need to begin on 09/18/2026.

Schedule of Supplies or Services and Prices/Costs.

Item #1: Base Year

ITEM Description QTY Unit of Issue Unit Price Extended

Price

Carbon Dioxide (CO2) Bulk Refills (99.9% pure beverage-grade or better)

215,000 Pounds $ ________ $ ________

Turnkey Telemetry System Service and Monthly Monitoring Services

12 Month $ ________ $ ________

Bulk Delivery and Transport Charges (Estimated quantity for evaluation purposes)

(EST) EA $ ________ $ ________

Grand Total (Line Items 1-3): $ ____________________

Item #2: Option Year 1

ITEM Description QTY Unit of Issue Unit Price Extended

Price

Carbon Dioxide (CO2) Bulk Refills (99.9% pure beverage-grade or better)

215,000 Pounds $ ________ $ ________

Turnkey Telemetry System Service and Monthly Monitoring Services

12 Month $ ________ $ ________

Bulk Delivery and Transport Charges (Estimated quantity for evaluation purposes)

Grand Total (Line Items 4-6): $ ____________________

Item #3: Option Year 2

Issue Unit Price Extended

Price

Carbon Dioxide (CO2) Bulk Refills (99.9% pure beverage-grade or better)

215,000 Pounds $ ________ $ ________

Turnkey Telemetry System Service and Monthly Monitoring Services

12 Month $ ________ $ ________

Bulk Delivery and Transport Charges (Estimated quantity for evaluation purposes)

Grand Total (Line Items 7-9): $ ____________________

Item #4: Option Year 3

Issue Unit Price Extended

Price

Carbon Dioxide (CO2) Bulk Refills (99.9% pure beverage-grade or better)

215,000 Pounds $ ________ $ ________

Turnkey Telemetry System Service and Monthly Monitoring Services

12 Month $ ________ $ ________

Bulk Delivery and Transport Charges (Estimated quantity for evaluation purposes)

Grand Total (Line Items 10-13): $ ____________________

Item #5: Option Year 4

ITEM Description QTY Unit of Issue Unit Price Extended

Price

Carbon Dioxide (CO2) Bulk Refills (99.9% pure beverage-grade or better)

215,000 Pounds $ ________ $ ________

Turnkey Telemetry System Service and Monthly Monitoring Services

12 Month $ ________ $ ________

Bulk Delivery and Transport Charges (Estimated quantity for evaluation purposes)

Grand Total (Line Items 13-15): $ ____________________

Grand Total (Line Items 1-15): $ ____________________

All services required are as noted below:

Minimum Technical Requirements for Carbon Dioxide Refills for the Telemetry System:

1. Telemetry System: The Contractor shall furnish, install, own, operate, maintain, and monitor a telemetry tank monitoring system capable of continuously tracking carbon dioxide tank levels and identifying when a carbon dioxide delivery is required; in no case shall the tank have less than a 10-day reserve supply. (Based on the historical baseline consumption profiles of Building 52, this mandatory 10-day reserve supply floor is mathematically defined as an inventory capacity of no less than 30% (or 458 gallons) of bulk volume.) The telemetry system shall be ready for use on the first day of the contract. The telemetry monitoring system shall be fully operational, tested, and verified on the first day of the period of performance. A list of government personnel that require access to the telemetry system will be provided to the contractor upon contract award (no more than three individuals). The system shall include a backup power source and communication redundancy sufficient to maintain uninterrupted monitoring capability during power or network outages. The system shall automatically continue monitoring operations during any loss of building power without requiring manual intervention. The telemetry system shall provide continuous remote monitoring through a secure web-based interface accessible to authorized Government personnel. The system shall support role-based user access controls, encrypted communications, historical data reporting, consumption trend analysis, automated system health monitoring, and multi-user access. The system shall include automated notifications for low inventory levels, critical reserve levels, power failures, communication failures, and system faults. The system shall incorporate local data storage capable of retaining monitoring data during communication outages and automatically synchronizing such data once connectivity is restored. The Contractor may use consumption trends and historical usage data to assist in delivery planning and scheduling.

However, the Contractor shall not rely solely on a fixed delivery schedule, as fuel demand may fluctuate. The Contractor remains responsible for monitoring inventory levels and ensuring timely deliveries to maintain the required minimum reserve supply.

• The contractor is authorized to install non-invasive telemetry monitoring equipment (such as differential pressure smart-gauges, external sensor arrays, or strap-on sensor collars) to the Government-owned Chart Industries tank. The Government retains sole responsibility for the structural maintenance, testing, and repair of the underlying Government-Furnished Property (GFP) tank shell. The Contractor is solely responsible for the preventative maintenance, battery replacement, network connectivity, and operational integrity of the contractor-installed telemetry system hardware. All contractor-installed hardware must be completely removed at the expiration or termination of the contract without altering, defacing, or damaging the federal property.

2. Fill Quantity/type: At each fill, tanks shall be filled to normal operating fill capacity. Fill quantity of 156 tons, beverage grade or better, at least 99.9% pure.

3. Fill to Tank Requirements: The Bulk CO2 storage tank shall be filled in accordance with the operations manual for the model (Make: Chart Inc., Model: VS-6 Ton CC350, Serial Number 26714) which states the operation pressures shall remain above 165 psi to prevent formation of solid CO2.

4. Fluid Handling and Delivered Fluid Quality: Contractor shall deliver carbon dioxide that is beverage grade or better (at least 99.9% pure), in accordance with the most current edition of ISBT (International Society of Beverage Technologists) Quality Guidelines and Analytical Procedures; with all gases/ cryogenic handled in accordance with appropriate procedures to prevent introducing contaminants. The contractor shall provide lot number and fluid quality with every delivery. Traceability records shall be maintained by the contractor in accordance with ISBT standards, where necessary. All materials utilized shall be compatible with the specified grade of fluid and shall be maintained clean and non-contaminating.

5. Complete Service: The Contractor shall be responsible for providing all materials and competent labor as required to comply with the requirements of this contract. The contractor shall designate a primary point of contact for the FDA COR and Contract Specialist/Contracting Officer (CS/CO) for all contract administration and service matters. The contractor shall designate a primary point of contact for the FDA COR and Technical Point of Contact (TPOC) (or designated POC) for service related matters.

6. Compliance: The Contractor shall identify and comply with all applicable laws, rules regulations and directives governing the transportation, storage, safety, qualification, and certification of gas and tanks necessary to perform the contract.

7. Low Supply Emergency Response: In the event of any low tank status which is less than 30%-or 458-gallons of CO2 (whether reported by the telemetry system or notification from the government), the contractor shall respond and have a technician arrive on-site within 2 hours of the initial report to initiate stabilization measures. The contractor shall coordinate and complete bulk fluid pumping operations as quickly as possible so as to avoid any disruption to facility operations, but in no case shall the tank remain below the 30% or 458-gallon threshold for a period greater than 24 hours from the time first reported, regardless of time of day, day of the week, or federal holiday. Where a malfunction is observed in government equipment as the cause of such low supply (less than 30%—or 458—gallons of CO2) condition, the contractor shall immediately report the condition to the authorized government representative and shall maintain an available supply for immediate tank refill as required. The contractor shall maintain a 24/7/365 staffed dispatch and emergency response capability.

8. Inspection, Cryogenic Bulk Tank and Near Tank Equipment: The contractor shall submit a written baseline condition report of all government-owned equipment including the bulk tank, valves, fittings, and safety devices prior to or on the first day of performance, so that any pre-existing deficiencies are documented and not attributed to the incoming contractor. Prior to each bulk tank fill, and again after fill and prior to leaving the site, the contractor shall perform a visual inspection to confirm the tank and apparatus is in safe condition, relief valves and safety devices are at an appropriate status to receive a system fill. Upon completion of each fill, the contractor shall perform a visual inspection to ensure all manipulated valves and components have been restored to the proper, safe operating position. Where any deficiency is observed but was not caused by the vendor, the contractor shall immediately report the observed condition to the government. All valves and fittings shall be inspected quarterly for leaks or other conditions that could result in malfunctions.

9. Inspection, Reserve Manifold: The contractor shall submit a written baseline condition report of all government-owned equipment including the reserve manifold prior to or on the first day of performance, so that any pre-existing deficiencies are documented and not attributed to the incoming contractor. At each tank fill, the contractor shall inspect the gaseous back-up manifold for proper pressure and operation and shall record the data. In the event of any apparent loss of gas supply or apparent manifold malfunction, the contractor shall immediately report the condition to the government.

10. Inspection, Valves and Fittings: All valves and fittings shall be regularly inspected for leaks or conditions that could result in malfunctions.

11. Telemetry System Maintenance: The contractor shall be responsible for testing, verifying, and maintaining the proper operation of the telemetry system, including provision of any required service parts, components, and back-up batteries. At no time shall the bulk CO2 supply not be monitored.

12. Building Systems & Equipment Modifications: The contractor shall not adjust, alter, or modify any government-owned equipment without prior written authorization from the Contracting Officer. Telemetry hardware installation must be completely non-destructive to the structural and operational integrity of the bulk tank system.

13. Preservation of Government Owned Equipment: All work shall be executed utilizing the means and materials in accordance with best industry practices, and fully in conformance with bulk tank and near-tank equipment manufacturer requirements. The means and methods utilized shall be applied in such a manner as to preserve manufacturer warranties for government-owned equipment.

14. Material Safety Data Sheets: (MSDS): The contractor shall prepare an MSDS for each hazardous item as prescribed in Federal Standard 313, and ensure that the contract number, part number/trade name, National Stock Number (NSN) or Local Stock Number (LSN), Temporary Stock Number (TSN), Activity Control Number (ACN) and complete specification reference, including type, grade and class, are included on the MSDS. This applies to all items that are classified as hazardous in Federal standard No. 313 or in the OSHA Hazard Communication Standard (29 CFR, PART 1910.1200, SUBPART H) and Health Administration (OSHA) under the authority of the Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.).

15. Safety: The contractor shall be responsible for the safe and proper execution of all work and compliance with all federal safety standards. At all times for each tank refill, the contractor shall:

1) inspect the reserve manifold for proper pressure and operation, record the data, and provide it to designated POCs upon request; 2) visually inspect before refilling to confirm that the tank and connected equipment are in safe condition, relief valves and safety devices are at appropriate status to receive a system fill; 3) follow OEM instructions and applicable safety procedures for refilling;

4) monitor and adjust the pressure to the tank’s system to ensure safe operation; 5) have applicable personal protective equipment (PPE) ready to be donned to address possible refill issues; 6) visually inspect all manipulated tank components and connected equipment have been restored to the proper position for safe tank operation after refilling is complete; and 7) immediately report any malfunctions or deficient conditions to designated POCs.

16. Approvals: The contractor is responsible for obtaining/maintaining all required certifications, licenses, and state and municipal locale approvals, as specified herein, during the contract period.

17. Site Conditions: The contractor shall maintain site conditions and shall not perform any action which may compromise security or integrity of the bulk supply.

18. Workmanship: Unless otherwise specifically provided herein, the quality of all items rendered shall conform to applicable industry standards, including but not limited to recommendations of the Compressed Gas Association (CGA) and ISBT.

Deliverables: Service Records and Reports: The contractor shall proactively schedule deliveries based on telemetry data and load trending to ensure the tank never falls below the 10-day reserve threshold. The contractor shall not rely exclusively on a fixed delivery schedule, as usage demand may fluctuate based on research activity. All deliveries shall be performed by trained, DOT-qualified personnel using properly maintained and compatible delivery equipment. The contractor shall maintain sufficient regional supply and logistics capacity to meet both scheduled and emergency delivery requirements for the Silver Spring, MD location. The Contractor shall, commensurate with the completion of each servicing visit, provide the Contracting Officer’s Representative (COR)/end user with a copy of a service report/ticket identifying the equipment name and type, manufacturer, model number, and serial number of the serviced equipment, a detailed description of the service activities to include quantity of CO2 provided, the instruments or other equipment used to service the CO2 tank, information on the overall condition of the tank and fittings as per the visual inspection performed before, during and after tank servicing, the name(s) and contact information of the technician who performed the servicing, and for information purposes, the on-site time expended. In addition, the Contractor shall provide a written report to the FDA COR and Contract Specialist/Contracting Officer, summarizing all activities each time servicing is performed.

Performance Requirements Summary (PRS) Matrix This matrix outlines the primary performance outcomes required under this contract, the metrics used to evaluate contractor compliance, and the associated business disincentives for performance failures.

The Contracting Officer’s Representative (COR) will utilize the specified methods of surveillance to monitor compliance monthly.

Performance Objective

Performance Standard (Metric)

Method of Surveillance

Performance Incentives / Disincentives

1. Uninterrupted Gas Supply Continuity

Bulk tank inventory shall maintain a minimum 10-day reserve supply floor and never fall below 30% (458 gallons) at any time. (Based on historical consumption profiles of Building 52, this mandatory 10-day reserve supply floor is defined as an inventory capacity of no less than 30% or 458 gallons of bulk volume)

Regular inspection via secure remote telemetry web interface and downloaded telemetry reports.

Any single inventory drop below the 30% floor shall result in the COR withholding approval of that month’s invoice until the contractor submits an acceptable formal Corrective Action Plan (CAP) detailing their supply chain remediation strategy.

A negative entry will also be recorded in the annual CPARS evaluation under the “Schedule” and “Management” categories

2. Rapid Emergency Response

Onsite technician arrival within 2 hours of a low-supply notification (automatic telemetry or manual call), 24/7/365.

Time-stamped telemetry logs and COR receipt verification.

Failure to arrive within the 2-hour window shall result in a negative entry into the annual CPARS under the “Quality of Service” category.

Continued failure to meet emergency response windows shall result in a mandatory corporate Corrective Action Plan (CAP) review and may be grounds for a Termination for Cause under RFO commercial terms

3. Telemetry System Reliability

Continuous remote monitoring interface fully operational with a 99.9% monthly system uptime (excluding approved maintenance). At no time shall bulk CO₂ supply go unmonitored.

Periodic random sampling and automated system health monitoring reports.

Any unexcused monitoring downtime shall require immediate troubleshooting and system re-performance/repair at the contractor’s expense. Telemetry monitoring downtime exceeding twenty-four

(24) cumulative hours within a billing cycle shall be documented as a negative performance entry in the annual CPARS evaluation under the “Quality” and “Management” categories.

4. Delivered Fluid Quality & Safety

100% of bulk gas deliveries must be certified Beverage Grade or better (>99.9% pure) in accordance with current ISBT and CGA standards.

100% review of lot numbers and fluid quality certificates provided for each delivery.

Failure to provide compliance certification shall result in the rejection of the entire delivery load at the contractor’s sole expense. The contractor shall be required to re-deliver conforming product within 24 hours at no additional cost to the Government.

Period of Performance: Base plus four option years, with the following periods of performance:

Base Year: 09/18/2026 – 09/17/2027 Option Year 1: 09/18/2027 – 09/17/2028 Option Year 2: 09/18/2028 – 09/17/2029 Option Year 3: 09/18/2029 – 09/17/2030 Option Year 4: 09/18/2030 – 09/17/2031

Place of Performance: The equipment is located and servicing shall be performed at the Center for Biologics Evaluation and Research (CBER) at the following address:

US FDA / CBER

Federal Research Center White Oak Campus Loading Dock

BLDG 52/72

10903 New Hampshire Avenue Silver Spring, MD 20993

Servicing visits shall not be scheduled during Federal Holidays or Federal Closures as determined by Executive Orders or opm.gov. Federal Holidays are as follows:

New Year’s Day Labor Day Birthday of Martin Luther King, Jr. Columbus Day Washington’s Birthday Veterans Day Memorial Day Thanksgiving Day Juneteenth National Independence Day Christmas Day Independence Day

Contract Type: Commercial Service - Firm-Fixed-Unit-Price (FFUP), Consumption-Based (Commercial)

This contract is firm-fixed-unit-price. Line Item 1 (CO2 Bulk Refills) is priced at a fixed unit price per pound; the total amount paid will vary based on actual quantities of bulk CO2 delivered and accepted during each period of performance. The quantity shown for Line Item 1 (215,000 pounds per year) represents a historical consumption estimate. The Government guarantees a minimum purchase of 1,000 pounds for the base year. The Contractor shall invoice only for quantities actually delivered and accepted. Estimated annual consumption is provided to allow offerors to develop competitive unit pricing; actual deliveries will be triggered by the telemetry system and the Contractor's monitoring obligations as described in the Statement of Work. Line Item 2 (Telemetry System Service and Monthly Monitoring) is priced at a fixed monthly rate. Line Item 3 (Bulk Delivery and Transport Charges) is priced at a fixed per-delivery rate; actual payment will be based on deliveries made and accepted. All pricing is firm and not subject to adjustment except as provided by the terms of this contract.

Contract Clauses:

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 and https://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/index.html

FAR Clauses Required:

52.212-4, Contract Terms and Conditions-Commercial Items (DEVIATION)(RFO Nov 2025)

Applicable 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020) Alternate I (Nov 2021) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.204-13, System for Award Management Maintenance (DEVIATION)(RFO Nov 2025) 52.209-6, Protecting the Government’s Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded (DEVIATION)(RFO Nov 2025) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (DEVIATION)(RFO Nov 2025) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (DEVIATION)(RFO Nov 2025) 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 any time before the contract expires; provided that the Government gives the Contractor a preliminary written notice of its intent to extend any time 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.

52.219-8, Utilization of Small Business Concerns (DEVIATION)(RFO Nov 2025) 52.222-3, Convict Labor (DEVIATION)(RFO Nov 2025) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (DEVIATION)(RFO Nov 2025) 52.222-35, Equal Opportunity for Veterans (DEVIATION)(RFO Nov 2025) 52.222-36, Equal Opportunity for Workers with Disabilities (DEVIATION)(RFO Nov 2025) 52.222-37, Employment Reports on Veterans (DEVIATION)(RFO Nov 2025) 52.222-50, Combating Trafficking in Persons (DEVIATION)(RFO Nov 2025) 52.222-54, Employment Eligibility Verification (DEVIATION)(RFO Nov 2025) 52.222-90 Addressing DEI Discrimination by Federal Contractors (DEVIATION)(RFO Apr 2026) 52.223-23, Sustainable Products (DEVIATION)(RFO Nov 2025) 52.225-5, Trade Agreements (Nov 2023) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) 52.229-12, Tax on Certain Foreign Procurements (DEVIATION) (RFO SEP 2025) https://www.acquisition.gov/far-overhaul https://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/index.html

52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) 52.233-3, Protest After Award (DEVIATION)(RFO Nov 2025) 52.233-4, Applicable Law for Breach of Contract Claim (DEVIATION)(RFO Nov 2025) 52.240-91, Security Prohibitions and Exclusions (DEVIATION)(RFO Nov 2025) 52.244-6, Subcontracts for Commercial Products and Commercial Services (DEVIATION)(RFO Nov 2025)

HHSAR Clauses

352.203-70 Anti Lobbying (RFO Deviation)(June 2026) 352.208-70 Printing and Duplication (RFO DEVIATION)(Feb 2026)

352.232-71 Electronic Submission of Payment Requests (RFO DEVIATION) (Apr 2026)

(a) Definitions. As used in this clause-

Payment request means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements in FAR 32.905(b) and the applicable payment clause included in this contract.

(b) Submission instructions. Except as provided in paragraph (c) of this clause, the Contractor must submit payment requests electronically using the Department of Treasury Invoice Processing Platform (IPP) or successor system. Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.

(c) Alternate submission procedures. The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing.

(d) Submission of alternate payment procedures authorization. If alternate payment procedures are authorized, the Contractor must include a copy of the Contracting Officer’s written authorization with each payment request.

(End of clause)

352.239-79 Information and Communication Technology Accessibility (Feb 2024)(DEVIATION)

(a) Pursuant to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998, all information and communication technology (ICT) supplies, products, platforms, information, documentation, and services support developed, acquired, maintained or delivered under this contract or order must comply with the Revised 508 Standards, which are located at 36 C.F.R. 1194.1 and Appendices A, B, and C, and are available at https://www.hhs.gov/web/section-508/index.html.

(b) Additional Section 508 accessibility standards applicable to this contract or order may be identified in the specification, statement of work, or performance work statement. If it is determined by the Government that ICT supplies, products, platforms, information, documentation, and services support provided by the Contractor do not conform to the described accessibility standards in the contract, remediation of the supplies, products, platforms, information, documentation, or services support to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.

(c) In the event of a modification(s) to this contract or order, which adds new ICT supplies or services or revises the type of, or specifications for, supplies, products, platforms, information, http://www.ipp.gov/ https://www.hhs.gov/web/section-508/index.html documentation, or services support, the Contracting Officer shall require that the Contractor submit a completed HHS Section 508 Accessibility Conformance Checklist (see https://www.hhs.gov/web/section-508/accessibility-checklists/index.html) or an Accessibility Conformance Report (ACR) (based on the Voluntary Product Accessibility Template (VPAT) see https://www.itic.org/policy/accessibility/vpat), and any other additional information necessary to assist the Government in determining that the ICT supplies or services conform to Section 508 accessibility standards. If it is determined by the Government that ICT supplies, products, platforms, information, documentation, and services support provided by the Contractor do not conform to the described accessibility standards in the contract, remediation of the supplies, products, platforms, information, documentation, or services support to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.

(d) If this is an Indefinite-Delivery type contract, a Blanket Purchase Agreement or a Basic Ordering Agreement, the task/delivery order requests that include ICT supplies, products, platforms, information, documentation, or services support will define the specifications and accessibility standards for the order. In those cases, the Contractor shall be required to provide a completed HHS Section 508 Accessibility Conformance Checklist (see https://www.hhs.gov/web/section-508/accessibility-checklists/index.html) or an ACR (based on the VPAT see https://www.itic.org/policy/accessibility/vpat), and any other additional information necessary to assist the Government in determining that the ICT supplies, products, platforms, information, documentation, or services support conform to Section 508 accessibility standards. If it is determined by the Government that ICT supplies and services provided by the Contractor do not conform to the described accessibility standards in the provided documentation, remediation of the supplies, products, platforms, information, documentation, or services support to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.

(e) The contractor shall identify to the Contracting Officer any perceived exception or exemption to Section 508 requirements.

(End of Clause)

Contract Administration

Contracting Officer

The Contracting Officer is the only person with authority to act as agent of the Government under this contract. Only the Contracting Officer has authority to: (1) direct or negotiate any changes in the contract; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the Contractor any costs incurred during the performance of this contract;

or (5) otherwise change any terms and conditions of this contract.

The contact information for the Contracting Officer is:

Name: Suzanne Martella / Email: suzanne.martella@fda.hhs.gov / Phone: (870) 543-7540

Contracting Officer’s Representative (COR)

The COR is responsible for: (1) monitoring the Contractor’s technical progress, including the surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements; (2) interpreting the Statement of Work and any other technical performance requirements; (3) performing technical evaluation as required; (4) performing technical inspections https://www.hhs.gov/web/section-508/accessibility-checklists/index.html https://www.itic.org/policy/accessibility/vpat https://www.hhs.gov/web/section-508/accessibility-checklists/index.html https://www.itic.org/policy/accessibility/vpat mailto:suzanne.martella@fda.hhs.gov and acceptances required by this contract; and (5) assisting in the resolution of technical problems encountered during performance.

The following COR will represent the Government for this contract (the information below will be provided upon contract award):

Name: / Email: / Phone:

Acceptance

The supplies and/or services delivered hereunder shall be inspected and accepted at destination by the COR specified at award. If the supplies or services are acceptable, the COR shall promptly forward a report of inspection and acceptance to the paying office. If the supplies or services are not acceptable, the COR shall document the nonconforming items/services and immediately notify the contracting officer.

Payment Terms. Net 30 days after government acceptance of a proper invoice which shall only be submitted after services have been performed. In accordance with the “Advance Payment Statute” at 31 U.S.C § 3324: Advance payments will not be made. Contractor may submit invoices monthly, quarterly or annually, in arrears.

Invoice Submission

FDA Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (Jan 2022)

a. All Invoice submissions for goods and or services must be made electronically through the U.S.

Department of Treasury’s Invoice Processing Platform System (IPP).

http://www.ipp.gov/vendors/index.htm

b. Invoice Submission for Payment means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in FAR 32.905(b), “Content of Invoices” and the applicable Payment clause included in this contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial items contracts. The IPP website address is: https://www.ipp.gov c.

1. The Agency will enroll the Contractors new to IPP. The Contractor must follow the IPP registration email instructions for enrollment to register the Collector Account for submitting invoice requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive Registration email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 - 5 business days of the contract award for new contracts or date of modification for existing contracts.

2. Registration emails are sent via email from ipp.noreply@mail.eroc.twai.gov. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email to IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.

3. The Contractor POC will receive two emails from IPP Customer Support, the first email contains the initial administrative IPP User ID. The second email, sent within 24 hours of http://www.ipp.gov/vendors/index.htm https://www.ipp.gov/ mailto:ipp.noreply@mail.eroc.twai.gov receipt of the first email, contains a temporary password. You must log in with the temporary password within 30 days.

4. If your company is already registered to use IPP, you will not be required to re-register.

5. If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment as authorized by HHSAR 332.7002, a written request must be submitted to the Contracting Officer to explain the circumstances that require the authorization of alternate payment procedures.

d. Invoices that include time and materials or labor hours Line Items must include supporting documentation to (1) substantiate the number of labor hours invoiced for each labor category, and (2) substantiate material costs incurred (when applicable).

e. Invoices that include cost-reimbursement Line Items must be submitted in a format showing expenditures for that month, as well as contract cumulative amounts. At a minimum the following cost information shall be included, in addition to supporting documentation to substantiate costs incurred:

• Direct Labor - include all persons, listing the person’s name, title, number of hours worked, hourly rate, the total cost per person and a total amount for this category;

• Indirect Costs (i.e., Fringe Benefits, Overhead, General and Administrative, Other Indirects)- show rate, base and total amount;

• Consultants (if applicable) - include the name, number of days or hours worked, daily or hourly rate, and a total amount per consultant;

• Travel - include for each airplane or train trip taken the name of the traveler, date of travel, destination, the transportation costs including ground transportation shown separately and the per diem costs. Other travel costs shall also be listed;

• Subcontractors (if applicable) - include, for each subcontractor, the same data as required for the prime Contractor;

• Other Direct Costs - include a listing of all other direct charges to the contract, i.e., office supplies, telephone, duplication, postage; and

• Fee - amount as allowable in accordance with the Schedule and FAR 52.216-8 if applicable.

f. Contractor is required to attach an invoice log addendum to each invoice which shall include, at a minimum, the following information for contract administration and reconciliation purposes:

(a) list of all invoices submitted to date under the subject award, including the following:

(1) invoice number, amount, & date submitted

(2) corresponding payment amount & date received

(b) total amount of all payments received to date under the subject contract or order

(c) and, for definitized contracts or orders only, total estimated amounts yet to be invoiced for the current, active period of performance.

g. Payment of invoices will be made based upon acceptance by the Government of the entire task or the tangible product deliverable(s) invoiced. Payments shall be based on the Government certifying that satisfactory services were provided, and the Contractor has certified that labor charges are accurate.

h. If the services are rejected for failure to conform to the technical requirements of the task order, or any other contractually legitimate reason, the Contractor shall not be paid, or shall be paid an amount negotiated by the CO.

i. Payment to the Contractor will not be made for temporary work stoppage due to circumstances beyond the control of U.S. Food and Drug Administration such as acts of God, inclement weather, power outages, and results thereof, or temporary closings of facilities at which Contractor personnel are performing. This may, however, be justification for excusable delays.

j. The Contractor agrees that the submission of an invoice to the Government for payment is a certification that the services for which the Government is being billed, have been delivered in accordance with the hours shown on the invoices, and the services are of the quality required for timely and successful completion of the effort.

k. Questions regarding invoice payments that cannot be resolved by the IPP Helpdesk should be directed to the FDA Employee Resource and Information Center (ERIC) Helpdesk at 301-827- ERIC (3742) or toll-free 866-807-ERIC (3742); or, by email at ERIC@fda.hhs.gov. Refer to the Call-in menu options and follow the phone prompts to dial the option that corresponds to the service that's needed. All ERIC Service Now Tickets will either be responded to or resolved within 48 hours (2 business days) of being received. When emailing, please be sure to include the contract number, invoice number and date of invoice, as well as your name, phone number, and a detailed description of the issue.

Notice Regarding the Use of Macros in Submitted Documents

Be advised that FDA does not accept documents which contain the use of macros. When submitting documents via email, DO NOT include .exe, .mso, or any other executable file types that could potentially trigger email security protections (i.e. email blocks, quarantine). Document submissions required throughout the award period(s) shall not have macro enabled functionality and any document delivered having that functionality will be deemed delinquent, if not corrected prior to the due date.

Solicitation Provisions This solicitation incorporates one or more solicitation provisions 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. The quoter is cautioned that the listed provisions may include blocks that must be completed by the quoter and submitted with its quotation. In lieu of submitting the full text of those provisions, the quoter may identify the provision by paragraph identifier and provide the appropriate information with its quotation. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov/far-overhaul and mailto:ERIC@fda.hhs.gov https://www.acquisition.gov/far-overhaul

FAR Provisions 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sep 2024) 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (Jan 2017) 52.204-7 System for Award Management—Registration (DEVIATION)(RFO Nov 2025) 52.219-1 Small Business Program Representations (DEVIATION)(RFO Nov 2025) 52.222-18 Certification Regarding Knowledge of Child Labor for Listed End Products (Feb 2021) 52.229-11 Tax on Certain Foreign Procurements—Notice and Representation (Aug 2025) 52.240-90 Security Prohibitions and Exclusions Representations and Certifications (DEVIATION)(RFO Nov 2025)

Notice to Offerors:

- System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in this solicitation. Contracting officers will rely on representations from offers based on provisions in the solicitation. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

Full Text Provisions

The provision at FAR 52.212-1 Instructions to Offerors - Commercial Products and Commercial Services (DEVIATION)(RFO Nov 2025) applies to this solicitation. The following addenda apply:

It is the quoter’s responsibility to monitor the Government Point of Entry (GPE) (sam.gov) for information relevant to this solicitation, e.g., questions and answers, amendments, etc. An official authorized to bind the Quoter must sign the terms and conditions of the quote. Quoters that fail to complete the required representations and certifications, or reject the terms and conditions of the solicitation may be excluded from consideration.

Quoters are afforded the opportunity to inspect the existing tank, instrumentation and site, at their own expense, prior to the date set for receipt of quotes by contacting the Contract Specialist/Contracting Officer identified herein to schedule an appointment. Failure to inspect the tank/instruments/site will not relieve the successful quoter from fully meeting the requirements of the resulting contract at the price quoted.

Quoters shall provide sufficient technical information necessary for the government to conclusively determine that the quoted services meet all the technical requirements herein, to include descriptive material, literature, brochures and other information corresponding to each minimum technical requirement which demonstrates the capabilities of the quoter.

Technical Capability: In order for the quote to be determined technically acceptable and the vendor to be determined technically capable, the vendor shall demonstrate that its proposed technical solution meets or exceeds the stated requirements. The Contractor shall have the technical understanding, skill, resources, and training to provide the required services. As part of the quote/proposal the Contractor shall include sufficient technical information necessary for the Government to conclusively determine that the quoted/offered services meet or exceed the technical requirements identified herein. Provide a written approach to satisfy all of the requirements herein. Quoters shall provide demonstrated and verifiable prior experience providing the same or near-same service and support activities for this requirement. Specifically, the technical quote information must include:

(1) the manufacturer name, model, and technical specifications of the turnkey telemetry unit to be installed on the Government-owned Chart Industries tank (S/N: 26714), explicitly confirming an integrated backup power supply, and documented historical onsite response times that demonstrate a realistic capability to meet the required emergency fills and servicing response windows identified in the statement of work;

(2) a detailed supply chain risk mitigation plan. The quoter must identify the specific gas manufacturer(s) supplying the CO2 product and provide a formal letter of commitment or authorized distributor agreement from the manufacturing source confirming a secure, verified pipeline of bulk cryogenic product for the full five-year duration of the contract.

The Quoter shall submit a written Accessibility Conformance Report (ACR) for each item not in compliance with 508 standards identified in clause 352.239-79 (DEVIATION), describing how the item(s) will fully address the accessibility requirements outlined in the solicitation; and a description of the evaluation methods the offeror will use to validate for conformance to the Revised 508 Standards. The ACR should be based on the Voluntary Product Accessibility Template Version 2.0 (MS Word) provided by the Industry Technology Industry Council (ITIC).

For this requirement we anticipate the 508 requirement will only apply to invoices and service records and reports.

NOTE: Submission of the ACR is required for documentation purposes. In accordance with agency purchasing procedures, solutions which do not conform fully to the applicable 508 standards may still be purchased by FDA if the FDA Requiring Office obtains the appropriate approval. In order to obtain approval, the FDA must have an ACR from the vendor documenting the level of conformance of the items being purchased.

Price: The price(s) proposed must be detailed and shall represent the quoter’s response to the schedule of supplies/services above.

Proprietary and/or confidential information shall be clearly marked.

The option year service agreement periods will not be funded at time of award. If exercised, funding will be obligated individually each year for the option period exercised via contract modification; the option period shall be priced accordingly.

The government is not responsible for locating or securing any information which is not identified in the proposal; the Government reserves the right to obtain information for use in the evaluation from any and all sources including sources outside of the Government.

Period for Acceptance of Quotes/Offers. The quoter agrees to hold the prices in its quote firm through September 30, 2026.

http://www.itic.org/policy/accessibility

Microsoft Suite Documents Containing Macros The quoter/offeror or applicant shall submit all electronic documents for Microsoft Office suite products without the use of “macros”. When submitting proposals via email, DO NOT include .exe, .mso, or any other executable file types that could potentially trigger email security protections (i.e. email blocks, quarantine). If the quoter/offeror or applicant submits documents that contain macros, macro referenced files, and/or executable files, the Government will not be able to view or open such documents and the submission will be considered non-responsive to the solicitation. No additional time will be given to a quoter/offeror or applicant to correct the document submission and the Government will not inform the quoter/offeror or applicant that their submission is non-responsive prior to award. It is the quoter’s/offeror’s or applicant’s responsibility to ensure all electronic documents are submitted without the use of macros.

The provision at 52.212-2 Evaluation-Commercial Items (DEVIATION)(RFO Nov 2025) is applicable to this solicitation.

(a) The Government will award an order to the lowest-price technically acceptable quoter whose quote conforming to the solicitation will be the most advantageous to the Government. In order for the quote to be determined technically acceptable, the vendor shall demonstrate that its proposed technical solution meets or exceeds the stated requirements.

The lowest priced quote will be evaluated first. If the lowest priced quote is not technically acceptable, the next lowest priced quote will be evaluated and so on until a technically acceptable quote is determined. Technical acceptability will be evaluated on a strict Pass/Fail basis against three criteria:

• Criterion 1: Technical Capability/Telemetry System & PRS Acceptance o Did the quoter provide the manufacturer name, model, and technical specs for the turnkey telemetry unit?

o Does the unit explicitly include an integrated backup power supply?

o Did the quoter provide a detailed written approach for all SOW requirements?

o Did the quoter provide documented, historical onsite response times that realistically demonstrate they can meet the 2-hour emergency response window?

o Did the quoter explicitly state and confirm unconditional acceptance of the Performance Requirements Summary (PRS) Matrix and its associated monthly invoice price-reduction disincentives??

o [ ] PASS [ ] FAIL

• Criterion 2: Supply Chain Risk Mitigation and Sourcing o Did the quoter explicitly identify the specific industrial gas manufacturer(s) supplying the bulk CO₂ product?

o Did they include a formal letter of commitment or authorized distributor agreement from that gas manufacturer to prove a secure supply pipeline for the full five-year duration of the contract?

o [ ] PASS [ ] FAIL

Responsibility Determination

Prior to award, the Contracting Officer will determine whether the apparent successful quoter is a responsible prospective contractor in accordance with FAR Part 9.1. The Contracting Officer will utilize standard federal data systems, including the System for Award Management (SAM.gov) performance and exclusion records, to verify the quoter possesses a satisfactory record of integrity and business ethics.

If the apparent successful quoter is a small business concern and is determined non-responsible, the Contracting Officer will refer the matter…