75F40126Q133600.pdf

75F40126Q133600 Page 1 of 17

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 75F40126Q133600. 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; with a Small Business Size Standard of 1,200 employees. This requirement is solicited for full and open competition.

Schedule of Items (all shipping and handling shall be included in the price) Base Year:

Item

Description Unit Unit Price Estimated

Qty Delivery

Frequency

Estimated Annual

Deliveries

Extended Yearly Price

Liquid Nitrogen, 240 Liter Dewar, 22 PSIG, with Digital Gauge Ea 3 Every 2 weeks

Carbon Dioxide, Extra Dry, 50 lb Cylinder Ea 5 Every 3 months

Carbon Dioxide, Extra Dry, 20 lb Cylinder Ea 1 1-2 times yearly

Nitrogen Gas, 4.5 high purity grade, 99.995%, 255 cu ft Cylinder Ea 1 Twice yearly

Nitrogen Gas, Ultra High Purity (Carrier Grade) Grade 5.0, 99.999%, Size 300 Ea 1 Yearly

Delivery, Guaranteed Window (1-hour) Ea 1 Every 2 weeks

7 Cylinder/Dewar Rental Fee Ea 1 Monthly 12

Total:

Quantities represented herein are estimates and should not be construed as maximum or minimum quantity.

75F40126Q133600 Page 2 of 17

Option Period 1 (52.217-9):

Option Period 2 (52.217-9):

Item

Description Unit Unit Price Estimated

Qty Delivery

Frequency

Estimated Annual

Deliveries

Extended Yearly Price

Liquid Nitrogen, 240 Liter Dewar, 22 PSIG, with Digital Gauge Ea 3 Every 2 weeks

Carbon Dioxide, Extra Dry, 50 lb Cylinder Ea 5 Every 3 months

Carbon Dioxide, Extra Dry, 20 lb Cylinder Ea 1 1-2 times yearly

Nitrogen Gas, 4.5 high purity grade, 99.995%, 255 cu ft Cylinder Ea 1 Twice yearly

Nitrogen Gas, Ultra High Purity (Carrier Grade) Grade 5.0, 99.999%, Size 300 Ea 1 Yearly

Delivery, Guaranteed Window (1-hour) Ea 1 Every 2 weeks

7 Cylinder/Dewar Rental Fee Ea 1 Monthly 12

Total:

Quantities represented herein are estimates and should not be construed as maximum or minimum quantity.

Item

Description Unit Unit Price Estimated

Qty Delivery

Frequency

Estimated Annual

Deliveries

Extended Yearly Price

Liquid Nitrogen, 240 Liter Dewar, 22 PSIG, with Digital Gauge Ea 3 Every 2 weeks

Carbon Dioxide, Extra Dry, 50 lb Cylinder Ea 5 Every 3 months

Carbon Dioxide, Extra Dry, 20 lb Cylinder Ea 1 1-2 times yearly

Nitrogen Gas, 4.5 high purity grade, 99.995%, 255 cu ft Cylinder Ea 1 Twice yearly

Nitrogen Gas, Ultra High Purity (Carrier Grade) Grade 5.0, 99.999%, Size 300 Ea 1 Yearly

Delivery, Guaranteed Window (1-hour) Ea 1 Every 2 weeks

7 Cylinder/Dewar Rental Fee Ea 1 Monthly 12

Total:

Quantities represented herein are estimates and should not be construed as maximum or minimum quantity.

https://www.acquisition.gov/far/part-17#FAR_17_208:%7E:text=the%20clause%20at-,52.217%2D9,-%2C%20Option%20to https://www.acquisition.gov/far/part-17#FAR_17_208:%7E:text=the%20clause%20at-,52.217%2D9,-%2C%20Option%20to

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Option Period 3 (52.217-9):

Total Price of Base and All Options (Base + Option Periods 1-3): ________________

Background:

The Food and Drug Administration (FDA), Center for Drug Evaluation and Research (CDER), Division of Applied Regulatory Science (DARS) operates six laboratories that conduct mission-critical research in support of regulatory review, translational science, and emerging public health issues.

DARS performs a broad range of scientific studies related to drug application review, including work in immunology/toxicology, bioanalytics, proteomics/genomics, microphysiological systems, pharmacokinetics/pharmacodynamics, and electrophysiology.

Liquid nitrogen is required for the storage of valuable and irreplaceable biological samples in cryogenic dewars. Carbon dioxide is required to support the operation of essential laboratory equipment, including cell culture incubators.

Scope The Contractor shall provide all liquid nitrogen and carbon dioxide necessary to support DARS laboratory operations throughout the performance period.

Minimum Technical Requirements

1. Delivery Schedule

• Liquid nitrogen and carbon dioxide tanks shall be delivered on an as-needed basis, consistent with estimated usage levels.

2. Delivery Coordination

Item

Description Unit Unit Price Estimated

Qty Delivery

Frequency

Estimated Annual

Deliveries

Extended Yearly Price

Liquid Nitrogen, 240 Liter Dewar, 22 PSIG, with Digital Gauge Ea 3 Every 2 weeks

Carbon Dioxide, Extra Dry, 50 lb Cylinder Ea 5 Every 3 months

Carbon Dioxide, Extra Dry, 20 lb Cylinder Ea 1 1-2 times yearly

Nitrogen Gas, 4.5 high purity grade, 99.995%, 255 cu ft Cylinder Ea 1 Twice yearly

Nitrogen Gas, Ultra High Purity (Carrier Grade) Grade 5.0, 99.999%, Size 300 Ea 1 Yearly

Delivery, Guaranteed Window (1-hour) Ea 1 Every 2 weeks

7 Cylinder/Dewar Rental Fee Ea 1 Monthly 12

Total:

Quantities represented herein are estimates and should not be construed as maximum or minimum quantity.

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• Deliveries shall be coordinated by phone at least two (2) business days in advance and shall be performed Monday through Friday between 8:00 a.m. and 4:00 p.m.

Eastern Time, excluding Federal holidays.

• Coordination shall include confirmation of required items, delivery date, and a one-hour delivery window.

• No deliveries shall take place unless a request from the FDA has been received by the contractor.

3. Delivery and Installation

• The Contractor shall deliver tanks to the designated location and connect them to the appropriate dewars.

• All connections must be secured and verified to be leak-free.

4. Cylinder Retrieval

• The Contractor shall remove and retrieve all empty cylinders at the time of delivery.

5. Tank Requirements

All delivered tanks must meet the following criteria:

a. Equipped with a functional digital gauge (volume meter)

b. Filled to at least 90% capacity upon delivery

c. Free from damage or leaks and compliant with all applicable certification requirements

Delivery, Inspection, and Acceptance Requirements

• The Government reserves the right to refuse deliveries and require replacement of any supplies that do not conform to contract requirements.

• All products shall be delivered in proper condition, free from damage, and suitable for their intended use.

• Deliveries shall be inspected upon arrival by the Technical Point of Contact (TPOC) to verify compliance with contract requirements.

• The TPOC shall verify delivered items against the packing slip to ensure accuracy of quantities, descriptions, and condition.

• Upon satisfactory inspection and verification, the TPOC shall sign and date the packing slip and forward it to the Contracting Officer’s Representative (COR) for acceptance, receipt, and processing.

Place of Performance:

FOB Point Destination. All items shall include shipping, handling, installation, and inside delivery to the destination identified herein.

CDER/OTS/OCP/DARS

U.S. Food and Drug Administration Building WO-64, Second floor, service corridor

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10903 New Hampshire Ave Silver Spring, MD 20993

Period of Performance:

Base Period: 6/1/2026 – 5/30/2027 Option Period 1: 6/1/2027 – 5/30/2028 Option Period 2: 6/1/2028 – 5/30/2029 Option Period 3: 6/1/2029 – 5/30/2030

Delivery, installation, and inside delivery shall not be scheduled on Federal holidays or during Federal closures, as determined by Executive Orders or OPM guidance, unless otherwise directed by the Contracting Officer’s Representative (COR) to support uninterrupted DARS laboratory operations. Federal Holidays are as follows:

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

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:

52.212-4, Contract Terms and Conditions-Commercial Items (Deviation NOV 2025) Applicable:

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 AUG 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)

52.209-10, 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.”

https://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/index.html https://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/index.html https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_212_4 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_203_17 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_203_19 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_204_13 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_209_6 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_209_10 https://www.acquisition.gov/far/part-17#FAR_17_208:%7E:text=the%20clause%20at-,52.217%2D9,-%2C%20Option%20to

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(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 four (4) years.

52.219-4, Notice of Price Evaluation preference for HUBZone Small Business Concerns

(DEVIATION) (RFO SEP 2025)

52.222-3, Convict Labor (DEVIATION) (RFO SEP 2025) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (DEVIATION) (RFO SEP 2025) 52.222-36, Equal Opportunity for Workers with Disabilities (DEVIATION) (RFO SEP 2025) 52.222-50, Combating Trafficking in Persons (DEVIATION) (RFO SEP 2025) 52.222-90, Addressing DEI Discrimination by Federal Contractors (DEVIATION) (RFO APR 2026) 52.223-23, Sustainable Products and Services (DEVIATION) (RFO SEP 2025) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (DEVIATION) (RFO SEP 2025) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) 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 AUG 2025) 52.244-6, Subcontracts for Commercial Products and Commercial Services (DEVIATION)

(RFO NOV 2025)

HHSAR Clauses:

352.232-71 Electronic Submission of Payment Requests (FEB 2022)

(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 identified in FAR 32.905(b), "Content of Invoices" and the applicable Payment clause included in this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall 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) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with HHS procedures.

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

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_219_4 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_222_3 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_222_19 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_222_36 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_222_50 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_223_23 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_226_8 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_232_33 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_232_40 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_233_3 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_233_4 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_240_91 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_244_6

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(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.access-board.gov/ict/. Information about Section 508 is 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, 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.

https://www.access-board.gov/ict/ https://www.hhs.gov/web/section-508/index.html 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

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

(End of clause)]

Contract Administration

a. 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: Warren Dutter, Contracting Officer Phone: 301-796-2486 Email: warren.dutter@fda.hhs.gov

b. 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 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 the purpose of this contact:

Name: (to be determined at contract award) Email:

Phone:

c. The TPOC is responsible for: (1) Inspect all delivered items upon arrival for conformance with contract requirements and for any visible damage or discrepancies; (2) Verify delivered items against the packing slip to ensure accuracy of quantities, descriptions, and condition;

(3) Sign and date the packing slip upon satisfactory inspection and verification; and (4) Forward the signed packing slip to the Contracting Officer’s Representative (COR) for receipt, acceptance, and processing.

The following TPOC will represent the Government for the purpose of this contract:

Name: (to be determined at contract award) Email:

Phone:

Inspection/Acceptance mailto:warren.dutter@fda.hhs.gov

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Supplies and/or services delivered under this contract shall be inspected at destination by the Technical Point of Contact (TPOC) to verify compliance with contract requirements. The TPOC shall coordinate with the Contracting Officer’s Representative (COR) and provide documentation of inspection results.

The COR is responsible for acceptance of supplies and/or services. If the supplies or services conform to contract requirements, the COR shall document acceptance and promptly forward the inspection and acceptance documentation to the designated payment office.

If the supplies or services do not conform to contract requirements, the COR shall document the nonconforming supplies or services and promptly notify the Contracting Officer for appropriate action.

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.

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.

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

75F40126Q133600 Page 10 of 17

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 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

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(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.

Contract Type: Commercial Item-Firm Fixed Price.

Solicitation provisions

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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 offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision 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 Provisions 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 Aug 2025) 52.225-4 Buy American—Free Trade Agreements—Israeli Trade Act Certificate (Deviation) (RFO

NOV 2025)

52.222-18 Certification Regarding Knowledge of Child Labor for Listed End Products (Feb 2021) 52.240-90 Security Prohibitions and Exclusions Representations and Certifications (DEVIATION)(RFO Aug 2025)

HHSAR Provisions 352.239-73[8] Electronic Information and [Communication] Technology Accessibility Notice (Dec 2015[Feb 2024]) [(DEVIATION)]

(a) Any offeror responding to this solicitation must comply with established HHS Information and Communication Technology (ICT) accessibility standards. Information about Section 508 is available at https://www.hhs.gov/web/section-508/index.html.

(b) The Section 508 accessibility standards applicable to this solicitation are stated in the clause at 352.239-79 Information and Communication Technology Accessibility. In order to facilitate the Government’s determination whether proposed ICT supplies, products, platforms, information, and documentation meet applicable Section 508 accessibility standards, offerors must submit an appropriate 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), in accordance with the completion instructions.

The purpose of the checklists and conformance reports are to assist HHS acquisition and program officials in determining whether proposed ICT supplies, products, platforms, information, and documentation conform to applicable Section 508 accessibility standards. Checklists and ACRs evaluate—in detail—whether the ICT conforms to specific Section 508 accessibility standards and identifies remediation efforts needed to address conformance issues.

(c) If an offeror claims its supplies or services meet applicable Section 508 accessibility standards, and it is later determined by the Government, i.e., after award of a contract or order, that supplies, products, platforms, information, documentation, or services support delivered do not conform to the described accessibility standards, remediation of the supplies, products, platforms, https://www.acquisition.gov/far-overhaul https://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/index.html https://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/index.html https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_203_18 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_204_7 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_225_2 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_222_18 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_240_90 https://www.hhs.gov/web/section-508/index.html https://www.hhs.gov/web/section-508/accessibility-checklists/index.html

75F40126Q133600 Page 13 of 17 information, documentation, or services support to the level of conformance specified in the contract will be the responsibility of the Contractor at its expense.

(d) In order to facilitate the Government's determination whether proposed ICT supplies meet applicable Section 508 accessibility standards, offerors must submit an Accessibility Conformance Report, in accordance with its completion instructions and tailored to the requirements in the solicitation. The purpose of the Report is to assist HHS acquisition and program officials in determining whether proposed ICT supplies conform to applicable Section 508 accessibility standards. The template allows offerors or developers to self-evaluate their supplies and document, in detail, whether they conform to a specific Section 508 accessibility standard, and any underway remediation efforts addressing conformance issues. Instructions for preparing the HHS Section 508 Evaluation Template are available at https://Section508.gov/.

(e) In order to facilitate the Government’s determination whether proposed ICT services meet applicable Section 508 accessibility standards, offerors must provide enough information to assist the Government in determining that the ICT services conform to Section 508 accessibility standards, including any underway remediation efforts addressing conformance issues.

(f) Respondents to this solicitation must identify any inability to conform to Section 508 requirements. If an offeror claims its supplies or services meet applicable Section 508 accessibility standards, and it is later determined by the Government, i.e., after award of a contract or order, that supplies or services delivered do not conform to the described accessibility standards, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its expense.

(g) Items delivered as electronic content must be accessible to HHS acceptance criteria.

Checklist for various formats are available at https://Section508.gov/. Materials, other than items incidental to contract management, that are final items for delivery should be accompanied by the appropriate checklist, except upon approval of the Contracting Officer or Contracting Officer’s Representative. - (End of provision) -

The provision at FAR 52.212-1 Instructions to Offerors-Commercial Items Deviation (RFO Aug 2025) The following addenda have been added to this provision:

Offerors are afforded the opportunity to inspect the existing 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 site will not relieve the successful offeror from fully meeting the requirements of the resulting contract at the price offered.

Offerors shall provide sufficient technical information necessary for the government to conclusively determine that the offered industrial gases meet all of the minimum technical requirements herein, to include descriptive material, literature, brochures and other information corresponding to each minimum technical requirement which demonstrates the capabilities of the offered supplies. The Government is not responsible for locating or securing any information which is not identified in the quote; however, the Government reserves the right to obtain https://section508.gov/ https://section508.gov/

75F40126Q133600 Page 14 of 17 information for use in the evaluation from any sources including sources outside of the Government. The Government reserves the right to request additional information at any time.

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 deliver required industrial gases at the required intervals. As part of the proposal the Contractor shall include sufficient technical information necessary for the Government to conclusively determine that the offered industrial gases meet or exceed the technical requirements identified above, to include a current Certificate of Analysis (CoA) for proposed liquid nitrogen and carbon dioxide delivered, verifying purity, composition, and compliance with applicable industry standards. Provide a written approach to satisfy all of the requirements herein. Approach may be supplemented with technical specifications, descriptive material, literature, brochures, publications, etc. which the offeror believes will further demonstrate their technical capability to deliver the required industrial gases within the timeframes listed above.

Letters of Supply (if applicable) Quoters who are authorized resellers of an item, and not the manufacturer, shall provide a copy of their letter of supply or other documentation substantiating their relationship as an authorized reseller of the proposed manufacturer’s product. The documentation shall be on the original supplier’s letterhead and include contact information for the individual who has signed the letter.

The Quoter shall submit a written Accessibility Conformance Report (ACR) for each item not in compliance with 508 standards identified in clause 352.239-74, 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 only invoices to be applicable to the requirement

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.

Past Performance: Past performance information shall clearly demonstrate recent (within the last 3 years) and relevant prior experience information for the supply of industrial gases and technical support of the same or substantially similar product as that listed herein, to include period of performance, description (how is this relevant to current requirement), your role and responsibilities as either prime or subcontractor, dollar value, client name, client address, client point of contact name, client point of contact phone number, and client point of contact email address. Respondents who do not provide a valid email address for the client POC or without a relevant record of past performance or for whom information on current or past performance is not available will not be evaluated favorably or unfavorably. Favorable past performance is https://www.itic.org/policy/accessibility/vpat http://www.itic.org/policy/accessibility

75F40126Q133600 Page 15 of 17 considered higher than neutral past performance. The Government reserves the right to look to other sources of information (e.g., the Contractor Performance Assessment Reporting System (CPARS), etc.) to support past performance evaluations.

Price: The price(s) proposed must be detailed and shall represent the quoter’s response to the schedule of supplies/services above. Quoters are also encouraged to submit a vendor quote with this document.

Include the firm’s Unique Entity ID (UEI) number with quote. Proprietary and/or confidential information shall be clearly marked.

The government is not responsible for locating or securing any information, which is not identified in the proposal however the Government reserves the right to obtain information for use in the evaluation from any and all sources including sources outside of the Government. The Government reserves the right to request additional information from a quoter at any time.

Period for Acceptance of Offerors. The offer agrees to hold the prices in its quote firm through September 30, 2026.

Microsoft Suite Documents Containing Macros The 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 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 an offeror or applicant to correct the document submission and the Government will not inform the offeror or applicant that their submission is non-responsive prior to award. It is the offeror’s or applicant’s responsibility to ensure all electronic documents are submitted without the use of macros.

Buy American Act and Executive Order 14005 If applicable, respondent shall provide place (country) of product/service manufacture or performance and any other applicable information to enable review and analysis pertaining to the requirements under the Buy American Act and requirements relating to Executive Order 14005 Ensuring the Future is Made in All of America by All of America’s Workers, in the event that a nonavailability waiver request submitted through the Made in America Office (MIAO) Digital Waiver Portal is required.

Line Item No. Country of Origin

75F40126Q133600 Page 16 of 17

The provision at FAR 52.212-2 Evaluation-Commercial Items (Deviation) (RFO Aug 2025).

The specific evaluation criteria to be included in paragraph (a) of that provision are as follows:

(a) The following factors apply:

(i) Technical Capability (see FAR Provision 52.212-1 and addenda thereto)

(ii) Past Performance (see FAR Provision 52.212-1 and addenda thereto)

(iii) Price

Technical Capability (i.e., how well the proposed services will meet or exceed the Government’s requirements) and past performance (i.e., when, what, and how well), when combined, are relatively equal in value and collectively more important than price in determining the best value to the government, although price remains a significant consideration. If the Government determines non-price factors to be essentially equal among competing offerors price becomes more important as a discriminating factor.

Technical Capability will be determined by review of information submitted by the offeror which must provide sufficient technical information necessary for the Government to conclusively determine that the offered industrial gases meet or exceed the technical requirements identified above.

The Government reserves the right to request additional information or conduct discussions at any time.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) Notice of award. A written notice of award or acceptance of an offer furnished to the successful Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

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.

- 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 agency solicitations, including 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation, and paragraph (t) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Agencies will not consider or use

75F40126Q133600 Page 17 of 17 these representations. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

One or more of the items under this acquisition is subject to the World Trade Organization Government Procurement Agreement and Free Trade Agreements.

It is the offeror's responsibility to monitor Sam.gov for the release of any information related to this acquisition, e.g., questions and answers, amendments, award notice, etc. Offerors that fail to complete the required representations and certifications or reject the terms and conditions of the solicitation may be excluded from consideration.

All responsible sources may submit an offer, which if timely received, shall be considered. The offer must reference solicitation number 75F40126Q133600. The offers are due by email only to warren.dutter@fda.hhs.gov on or before May 26, 2026, by 1:00 P.M. (Central Time in Jefferson, Arkansas).

For information regarding this solicitation, please contact Warren Dutter at 301-796-2486 or email warren.dutter@fda.hhs.gov.

mailto:warren.dutter@fda.hhs.gov mailto:warren.dutter@fda.hhs.gov