Contract - HT941025AE004.pdf

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Blanket Purchase Agreement Medical Gas Japan - OKANO
Solicitation number
HT941025AE004
Issued by

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This document is a federal contract award for a Blanket Purchase Agreement (BPA) for medical gases in Japan, awarded to OKANO K.K. The contract (HT941025AE004) covers medical gas supply to multiple U.S. military installations and medical facilities across Japan, including Naval Hospitals in Yokosuka, Branch Health Clinics in Iwakuni, Sasebo, and Atsugi, and Air Force bases in Misawa, Kadena, and Yokota.

The BPA has a total value of $1,900,000 with a maximum call limit of $250,000, and is valid from September 1, 2025, to August 31, 2030. The comprehensive price list includes various medical and industrial gases such as acetylene, argon, carbon dioxide, helium, hydrogen, liquid nitrogen, oxygen, and nitrous oxide in multiple sizes and grades. Additional services include hydrostatic testing, cylinder maintenance, internal cleaning, valve replacement, and repainting. The contract allows for government-wide commercial purchase card orders and includes specific delivery locations, quality assurance requirements, and compliance with Japanese high-pressure gas safety regulations.

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14. SHIP TO

ORDER FOR SUPPLIES OR SERVICES

PAGE 1 OF

1. CONTRACT/PURCH ORDER/AGREEMENT NO. 2. DELIVERY ORDER/CALL NO. 3. DATE OF ORDER/CALL

(YYYYMMMDD)

4. REQUISITION/PURCH REQUEST NO. 5. PRIORITY

6. ISSUED BY CODE 7. ADMINISTERED BY (If other than 6) CODE 8. DELIVERY FOB

DESTINATION

OTHER

(See Schedule if other)

10. DELIVER TO FOB POINT BY (Date)

(YYYYMMMDD)

12. DISCOUNT TERMS

13. MAIL INVOICES TO THE ADDRESS IN BLOCK

11. X IF BUSINESS IS

SMALL

SMALL DISAD-

VANTAGED

WOMEN-OWNED

CODE 15. PAYMENT WILL BE MADE BY CODE MARK ALL

PACKAGES AND

PAPERS WITH

IDENTIFICATION

NUMBERS IN

BLOCKS 1 AND 2.

16.

TYPE

OF

ORDER

DELIVERY/

CALL

PURCHASE

This delivery order/call is issued on another Government agency or in accordance with and subject to terms and conditions of above numbered contract.

Reference your furnish the following on terms specified herein.

ACCEPTANCE. THE CONTRACTOR HEREBY ACCEPTS THE OFFER REPRESENTED BY THE NUMBERED PURCHASE ORDER AS IT MAY PREVIOUSLY HAVE BEEN OR IS NOW MODIFIED, SUBJECT TO ALL OF THE TERMS AND CONDITIONS SET FORTH, AND AGREES TO PERFORM THE SAME.

If this box is marked, supplier must sign Acceptance and return the following number of copies:

NAME OF CONTRACTOR SIGNATURE TYPED NAME AND TITLE DATE SIGNED

(YYYYMMMDD)

17. ACCOUNTING AND APPROPRIATION DATA/LOCAL USE

18. ITEM NO. 19. SCHEDULE OF SUPPLIES/SERVICES

20. QUANTITY

ORDERED/

ACCEPTED*

21.

UNIT

22. UNIT PRICE 23. AMOUNT

*If quantity accepted by the Government is same as quantity ordered, indicate by X.

If different, enter actual quantity accepted below quantity ordered and encircle.

24. UNITED STATES OF AMERICA 25. TOTAL

26.

DIFFERENCES

30. INITIALS

27a. QUANTITY IN COLUMN 20 HAS BEEN

INSPECTED RECEIVED ACCEPTED, AND CONFORMS TO

THE CONTRACT EXCEPT AS NOTED:

c. DATE

(YYYYMMMDD)

b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

28. SHIP. NO.

PARTIAL

FINAL

31. PAYMENT

COMPLETE

PARTIAL

FINAL

29. D.O. VOUCHER NO.

32. PAID BY 33. AMOUNT VERIFIED CORRECT FOR

34. CHECK NUMBER

35. BILL OF LADING NO.

42. S/R VOUCHER NO.

36. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT.

a. DATE

(YYYYMMMDD)

b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

37. RECEIVED

AT

38. RECEIVED BY (Print) 39. DATE RECEIVED

(YYYYMMMDD)

40. TOTAL CON-

TAINERS

41. S/R ACCOUNT NUMBER

DD FORM 1155, DEC 2001 PREVIOUS EDITION IS OBSOLETE.

CONTRACTING/ORDERING OFFICER

9. CONTRACTOR CODE FACILITY

NAME

AND

ADDRESS

BY:

d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

f. TELEPHONE NUMBER g. E-MAIL ADDRESS

Section A - Solicitation/Contract Form

Blanket Purchase Agreement Medical Gas Japan - OKANO K.K.

North American Industry Classification System (NAICS): 325120

HT941025AE004

Section B - Supplies or Services & Prices or Costs

Additional Information/Notes

PRICE LIST

Location: NH Okinawa Exchange Rate: 145.7323

Item Size Un it

Unit Price

(YEN)

ACETYLENE More than 1KG K G

2,800.00

ACETYLENE Less than 1 KG E A

3,200.00

ACETYLENE 225CF

E A

20,160.00

ARGON 197CF

E A

9,000.00

ARGON 7m^3 E A

10,500.00

CARBON DIOXIDE, 2.2kg (Medical, Jp CY) E A

9,000.00

CARBON DIOXIDE, 4.4kg (Medical, Jp CY) E A

18,000.00

CARBON DIOXIDE, 50LB (Welding) E A

9,890.00

CARBON DIOXIDE, 55LB (Welding, Jp CY) E A

10,750.00

CARBON DIOXIDE, 880LB (Welding) E A

172,000.00

COMPRESSED AIR 1.5m3 E A

770.00

COMPRESSED AIR 6m3 E A

2,520.00

COMPRESSED AIR 7m3 (Jp CY) E A

2,940.00

DRY ICE Regular/Standard Block K G

600.00

HELIUM 7m3 (Jp CY) E A

70,000.00

HYDROGEN 7m3 (Jp CY) E A

15,400.00

HIGH PURITY 7m3 (Jp CY, Hydrogen) E A

32,500.00

LIQUID NITROGEN 1Liter E A

530.00

NITROGEN 220CF

E A

3,820.00

NITROGEN 7m3 (Jp CY) E A

4,440.00

NITROUS OXIDE 2.5kg (5.5LB) E A

9,700.00

NITROUS OXIDE 7.5kg (16.5LB) E A

30,500.00

NITROUS OXIDE 30KG (66LB)

E A

108,000.00

LIQUID OXYGEN

G A L

645.00

OXYGEN, MEDICAL 0.5m3 (Jp CY) E A

1,070.00

OXYGEN, MEDICAL 1.5m3 (Jp CY) E A

3,210.00

OXYGEN, MEDICAL 6m3 (Jp CY) E A

3,810.00

OXYGEN, MEDICAL 7m3 (Jp CY) E A

2,660.00

OXYGEN, WELDING /AVIATOR 1.5m3 (Welding/Aviator) E A

2,550.00

OXYGEN, WELDING /AVIATOR 7m3 (Jp CY, Welding/Aviator) E A

4,440.00

SULFUR

50kg (110.23lb) (Sulfur Hexafluoride)

E A

650,000.00

OXYGEN, MEDICAL 252CF

E A

3,460.00

OXYGEN, MEDICAL 3m3

A

3,100.00

OXYGEN, WELDING 0.5m3 E A

2,280.00

CARBON DIOXIDE 9KG (Gov owned JP CY) E A

3,870.00

LIQUID ARGON 127m3 (Gov owned JP CY) E A

190,500.00

HIGH PURITY HELIUM 7m3 (JP CY for Rental) E A

83,000.00

HIGH PURITY NITROGEN

7m3 (JP CY for Rental)*ALFA GAZ Nitrogen

E A

34,000.00

OXYGEN, WELDING /AVIATOR 10m3 (Welding/Aviator) E A

6,350.00

HYDROSTATIC TESTING Small & Medium E A

4,400.00

HYDROSTATIC TESTING Large E A

4,950.00

HYDROSTATIC TESTING Extra Large E A

15,000.00

HYDROSTATIC TESTING Sulfur Hexafluoride E A

22,000.00

HYDROSTATIC TESTING Below 100 Liter

A

23,200.00

HYDROSTATIC TESTING 100L-200L

E A

29,700.00

HYDROSTATIC TESTING More than 200L E A

33,000.00

INTERNAL CLEANING Small & Medium E A

1,300.00

INTERNAL CLEANING Large E A

1,500.00

ANNUAL PERFECTURAL PERMITS (PERMISSIONS

FEE) SECTION 2.1

Small, Medium, Large

REFILL PERMIT U.S. Cyilnders

A

880.00

REPAINT Small & Medium E A

2,000.00

REPAINT Large E A

2,750.00

LABEL PAINT 10 Characters E A

1,650.00

VACUUM 0.5m3 E A

770.00

VACUUM 1.5m3 E A

825.00

VACUUM 3m3

A

1,100.00

VACUUM 6m3 E A

1,485.00

VALVE REPLACEMENT S, M, L

E A

1,100.00

VALVE REPLACEMENT Extra Large E

1,650.00

Location: Kadena AB Exchange Rate: 145.7323

Item Size Unit Unit Price (YEN)

ACETYLENE More than 1KG KG 2,800.00

ACETYLENE Less than 1 KG EA 3,200.00

ACETYLENE 225CF EA 20,160.00

ARGON 197CF EA 9,000.00

ARGON 7m^3 EA 10,500.00

CARBON DIOXIDE, 2.2kg (Medical, Jp CY) EA 9,000.00

CARBON DIOXIDE, 4.4kg (Medical, Jp CY) EA 18,000.00

CARBON DIOXIDE, 50LB (Welding) EA 9,890.00

CARBON DIOXIDE, 55LB (Welding, Jp CY) EA 10,750.00

CARBON DIOXIDE, 880LB (Welding) EA 172,000.00

COMPRESSED AIR 1.5m3 EA 770.00

COMPRESSED AIR 6m3 EA 2,520.00

COMPRESSED AIR 7m3 (Jp CY) EA 2,940.00

DRY ICE Regular/Standard Block KG 600.00

HELIUM 7m3 (Jp CY) EA 70,000.00

HYDROGEN 7m3 (Jp CY) EA 15,400.00

HIGH PURITY 7m3 (Jp CY, Hydrogen) EA 32,500.00

LIQUID NITROGEN 1Liter EA 530.00

NITROGEN 220CF EA 3,820.00

NITROGEN 7m3 (Jp CY) EA 4,440.00

NITROUS OXIDE 2.5kg (5.5LB) EA 9,700.00

NITROUS OXIDE 7.5kg (16.5LB) EA 30,500.00

NITROUS OXIDE 30KG (66LB) EA 108,000.00

LIQUID OXYGEN GAL 645.00

OXYGEN, MEDICAL 0.5m3 (Jp CY) EA 1,070.00

OXYGEN, MEDICAL 1.5m3 (Jp CY) EA 3,210.00

OXYGEN, MEDICAL 6m3 (Jp CY) EA 3,810.00

OXYGEN, MEDICAL 7m3 (Jp CY) EA 2,660.00

OXYGEN, WELDING /AVIATOR 1.5m3 (Welding/Aviator) EA 2,550.00

OXYGEN, WELDING /AVIATOR 7m3 (Jp CY, Welding/Aviator) EA 4,440.00

SULFUR 50kg (110.23lb) (Sulfur Hexafluoride) EA 650,000.00

OXYGEN, MEDICAL 252CF EA 3,460.00

OXYGEN, MEDICAL 3m3 EA 3,100.00

OXYGEN, WELDING 0.5m3 EA 2,280.00

CARBON DIOXIDE 9KG (Gov owned JP CY) EA 3,870.00

LIQUID ARGON 127m3 (Gov owned JP CY) EA 190,500.00

HIGH PURITY HELIUM 7m3 (JP CY for Rental) EA 83,000.00

HIGH PURITY NITROGEN 7m3 (JP CY for Rental)*ALFA GAZ Nitrogen EA 34,000.00

OXYGEN, WELDING /AVIATOR 10m3 (Welding/Aviator) EA 6,350.00

HYDROSTATIC TESTING Small & Medium EA 4,400.00

HYDROSTATIC TESTING Large EA 4,950.00

HYDROSTATIC TESTING Extra Large EA 15,000.00

HYDROSTATIC TESTING Sulfur Hexafluoride EA 22,000.00

HYDROSTATIC TESTING Below 100 Liter EA 23,200.00

HYDROSTATIC TESTING 100L-200L EA 29,700.00

HYDROSTATIC TESTING More than 200L EA 33,000.00

INTERNAL CLEANING Small & Medium EA 1,300.00

INTERNAL CLEANING Large EA 1,500.00

REFILL PERMIT U.S. Cyilnders EA 880.00

REPAINT Small & Medium EA 2,000.00

REPAINT Large EA 2,750.00

LABEL PAINT 10 Characters EA 1,650.00

TUMBLING EA 3,000.00

VACUUM 0.5m3 EA 770.00

VACUUM 1.5m3 EA 825.00

VACUUM 3m3 EA 1,100.00

VACUUM 6m3 EA 1,485.00

VALVE REPLACEMENT S, M, L EA 1,100.00

VALVE REPLACEMENT Extra Large EA 1,650.00

BPA Master Dollar Limit: $1,900,000.00

BPA Call Limit: $250,000.00

Period of Performance: 1 September 2025 to 31 August 2030

PSC Code: 6830 - Gases: Compressed and Liquefied

Estimated Value of Potential Orders Maximum: 276,891,370 Yen

Purchase Limitation Maximum: 36,433,075 Yen

Section C - Description/Specifications/Statement of Work

STATEMENT OF WORK (SOW)

FOR

MEDICAL GASES (JAPAN)

US MILITARY INSTALLATIONS MILITARYTREATMENT FACILITIES ACROSS JAPAN INCLUDING NH YOKOSUKA AND SUBSIDIARY CLINICES(BHC IWAKUNI, BHC SASEBO, ),MISAWA AB, NH OKINAWA, KADENA AB,BHC ATSUGI, CAMP FUJI

YOKOTA AB, CAMP ZAMA, JAPAN

Current as of:

27 May 2025

SECTION 1 - BACKGROUND

This Scope of Work (SOW) is issued in accordance with FAR Part 12 for the acquisition of commercial items. The purpose is to procure medical gases to support the operations of Military Treatment Facilities (MTF) in Japan The Contractor shall supply all items, services, and delivery functions .

necessary to meet the performance requirements described herein, in accordance with standard commercial practices.

SECTION 2 - SCOPE OF WORK

The Contractor shall provide the items listed in the BPA approved price list when a call is placed. For Japanese gases, the Contractor will provide a means of containment such as a gas cylinder or protective packaging for solid items such as dry ice. Cylinder maintenance required for safe use of compressed gas cylinders such as hydrostatic testing, internal cleaning, refill permits, repainting, labeling and vacuuming will be the provided by the Contractor as stated on the approved price list. The Contractor will replace damaged or defective cylinder at its own expense unless the Government's negligence damaged the cylinder or a third party willfully or recklessly damaged the cylinder.

NOTE: Kadena AB will collect gas cylinders at one of two centralized locations for Contractor pick-up and drop-off.

2.1. Refill Permissions. The Contractor will acquire annual permits (permissions) from the Host Nation for all U.S. Government owned cylinders in order to refill, perform hydrostatic testing, internal cleaning, repainting, labeling and vacuuming. The permissions certification will be placed on the bottle and dated.

2.2. Compressed Gas Hydrostatic Testing Service.

2.2.1.1. Hydrostatic testing is the primary method used to test for leaks and assess the structural integrity of compressed gas cylinders and other pressurized vessels.

2.2.1.2. The Hydrostatic testing/inspection is mandatory for manufacturers or importers of transportable containers for filling high pressure gas, and is conducted pursuant to Paragraph 1, Article 44 of the High Pressure Gas Safety Act (the "Act").

2.2.1.3. The containers are generally referred to as cylinders, and include seamless containers, welded containers, cryogenic containers, brazed containers and fiber-reinforced plastic composite containers (FRP containers).

2.2.1.4. A container may not be transferred or handed over unless it has successfully passed the inspection and has been stamped or attached with a label (hereinafter referred to as "stamping, etc."). When filling high pressure gas into a container, the container must be stamped, etc. and marked with a current hydrostatic test date on the shoulder of the cylinder with the month and year of requalification. When filling, it must be filled with an accessory (valve) that has successfully passed the accessory inspection and has been stamped.

2.2.1.5. Any cylinder which has exceeded the periodic hydrostatic or ultrasonic test date shall not be refilled until the required requalification test is performed.

2.2.1.6. The requalification period depends upon many factors, to include, but not limited to, the cylinder's date of manufacture, the gas being stored in the cylinder, the application of the cylinder, and the coating used on the cylinder. For this reason, Table 6-1 in T.O 42B5-1-2 has been revised to reflect the requalification period in years and the applicable subsections of 49 CFR to review. The requalification period will meet the U.S.

Government Technical Order 42B5-1-2 requirements or stricter.

2.2.1.7. The Contractor will provide hydrostatic testing services in support of operational requirements from Air Force installations Outside the Continental United States (OCONUS). This agreement is mainly in support of Military Treatment Facilities (MTF) in Japan.

2.2.2. Minimum Testing Requirements.

2.2.2.1. All tests performed shall comply with international, federal, state, and host-nation government laws and regulations.

2.2.2.2. The Contractor must be certified to conduct Hydrostatic testing in accordance with the High Pressure Gas Safety Institute of Japan. The certificate is issued for equipment that passed the high pressure gas equipment inspection. It is utilized at the time of competition inspection or safety conformity inspection of facilities for the production of high pressure gas. In particular, the prefectural governor confirms the conformity of the equipment by the high pressure gas equipment inspection certificate. Persons conducting tests must be accredited in accordance with the provisions of Item 11, paragraph 1, article 6 of the General High Pressure Gas Safety Ordinance and persons/contractors manufacturing pursuant to the item 13 of the same paragraph.

2.3. Valve Replacement Service.

2.3.1. The Contractor will inspect and identify cylinders defects to include valve replacements. The MTF will provide valves for US Government owned cylinders and the Contractor will replace the valves on the U.S. Government owned gas cylinders as required.

2.3.2. If a cylinder valve is replaced, a cylinder valve of the same weight must be used or the tare weight of the cylinder must be adjusted to compensate for the valve weight differential.

2.4. Cylinder Paint/Stenciling Service. Items should be packaged according to commercial standards to protect against damage during transit. All shipments must be clearly marked with the contract number and item description.

2.4.1. The company will provide paint/stenciling services for U.S. Government owned cylinders when there is exposed rust or the paint is worn beyond recognition. The (DOT)identification label/stamp shall not be removed. Painting is only authorized tobe performed by commercial Contractors or approved depot/military activities with qualified personnel and facilitates. Painting shall be performed in accordance with US Government Instruction.

2.5. Cylinder Interval Cleaning Services.

2.5.1. The Contractor will perform internal cylinder maintenance like cleaning or vacuuming of gaseous residue from U.S. Government owned cylinders as required.

2.5.2. Internal cleaning will be performed by commercial Contractors or by approved depot military activities in accordance with MIL-STD-1411.

2.6. Work Performance.

2.6.1 The Contractor shall utilize best commercial practices in order to provide hydrostatic testing, internal cleaning, refill permits, repaint, labeling, vacuuming and analytical processing. Analytical processing encompasses the following: receiving, storage, delivery, Quality Control (QC), implementation and maintenance of Chain-of-Custody (COC) , and analytical reporting.[1]

NOTE [1]: Chain of Custody is documentation that records movement from collection of the cylinder, to receipt at the facility, to return to Air Force installation.

2.6.2. The Contractor must have the capability to pick up and drop off gas cylinders at delivery locations . The Contractor is not (See SECTION 4) required to be able to perform each service listed on Attachment 3 (Price List).

2.6.3. The supplies to be delivered under this contract shall be transported in the Contractor's standard preservation applicable to domestic deliveries of liquid oxygen, and shall be maintained in a sanitary condition to prevent contamination of the supplies during transportation.

2.6.4. Adapters. The Contractor shall provide necessary adapters for those coupling to complete transfer.

2.7. General Information.

2.7.1. Government Remedies. The KO shall follow the requirements of FAR 52.212-4, Contract Terms and Conditions-Commercial Items (Oct 2018), for Contractor's failure to correct nonconforming services.

2.7.2. Contractor Personnel. The Contractor shall provide a point of contact (POC) that shall be responsible for the performance of the work. The point of contact shall have full authority to act for the Contractor on all matters relating to the daily operation of this contract. The Contractor shall designate this individual, in writing, to the KO before the start date. An alternate may be designated, but the Contractor shall identify the person when the alternate shall be the primary POC. POC shall have the knowledge to read, write, and communicate in English.

2.8. Contractor's Failure to Perform. If Contractor fails to perform required services within the specific limitations, the Government may:

2.8.1. Accept the services at a later date.

2.8.2. Refuse to accept the services at a later date (in which case the Government will bear no cost and make no payment for the missed service).

2.8.3. Procure the missed service, upon such terms and conditions as the KO deems appropriate, from an alternate, responsible firm and the Contractor shall be liable to the Government for any excess costs incurred and to continue the performance as required thereafter.

2.9. Travel. Travel is not required for this contract.

2.10. Performance of Services During Crisis Declared by the National Command Authority or Overseas Combatant Commander. The Contractor shall continue the service to the Government unless notified otherwise by the KO.

2.11. Alternate Sources. If routine services for any location are disrupted for more than five (5) scheduled workdays due to unforeseen circumstances, the Contractor shall ensure that the customer is notified of the situation. Each customer shall have the option of arranging for the services to be accomplished by another Contractor to the satisfaction of the DoD facility.

2.12. Responsibility of Contractor for Government Property. The Contractor assumes full responsibility and shall indemnify the Government for any and all losses or damages resulting in whole or representative of the Contractor or subcontractor to any government property whole in their custody and care for services to be performed under the terms of this contract.

2.13. Quality Control. The Contractor shall utilize his or her own internal Quality Control processes in the performance of this contract. The Quality Control Plan and supporting documentation shall be made available to KO for review upon request.

2.14. U.S. Legal Holidays. The Contractor is not required to provide service on the following U. S. Federal holidays:

1 January New Year's Day

3rd Monday of January Martin Luther King's Birthday

3rd Monday of February President's Day

Last Monday of May Memorial Day

19 June Juneteenth National Independence Day

4 July Independence Day

1st Monday of September Labor Day

2nd Monday of October Columbus Day

11 November Veterans Day

4th Thursday of November Thanksgiving Day

25 December Christmas Day

NOTE: If holiday should fall on a Saturday, it will be observed on the preceding Friday, and if it falls on a Sunday, it will be observed on the following Monday.

2.15. Traffic Laws. The Contractor personnel shall comply with the installation traffic code when collecting cylinders on DoD installations. The Contractor shall ensure that all vehicles operated as part of this BPA fully comply with all U.S. Forces traffic rules, laws, and regulations all Japanese Road Laws while on U.S. Military installations.

2.16. Safety. All movement and transfer operations shall be in strict compliance with the clause at Japanese High Pressurized Gases Control Law, Japanese Law No. 204, dated 7Jun 1951 as amended, and all other applicable safety regulations issued by the Government of Japan, or its political subdivisions.

2.17. DoD Freedom of Information Act (FOIA) Program. The Contractor shall comply with the requirements of DoD Regulation 5400.7, DoD . The regulation sets policy and procedures for the disclosure of records to the public and for marking, handling, Freedom of Information Act Program transmitting, and safeguarding material. If the Contractor receives a FOIA request, the Contractor shall deliver the For Official Use Only (FOUO) request immediately to the KO for processing.

SECTION 3 - PERIOD OF PERFORMANCE

The ordering period for this 5-year Blanket Purchase Agreement is from 1 September 2025 through 30 August 2030.

SECTION 4 - DELIVERY LOCATION

Delivery Location:

US Naval Hospital Yokosuka

BLDG E-18 MMD Warehouse

1-CHOME HON-CHO YOKOSUKA,

KANAGAWA 234-0041 JAPAN

US Naval Hospital Yokosuka

Tank located at side of building E1402

ATTN: SUPPLY PO/LPO

1-CHOME HON-CHO YOKOSUKA,

KANAGAWA 234-0041 JAPAN

US Naval Hospital Yokosuka

MAIN OPERATING ROOM RM # 4A014

ATTN: SUPPLY PO/LPO

1-CHOME HON-CHO YOKOSUKA,

KANAGAWA 234-0041 JAPAN

US Navy Medicine Readiness & Training Command Yokosuka

Emergency Room

1-CHOME HON-CHO YOKOSUKA,

KANAGAWA 234-0041 JAPAN

US Naval Hospital Yokosuka

DERMATOLOGY DERPARTMENT BLDG 1400

1-CHOME HON-CHO YOKOSUKA,

KANAGAWA 234-0041 JAPAN

Navy Medicine Readiness & Training Command Branch Health Clinics (BHC) Iwakuni

LOX Tank (110LOX) located at side of clinic next to ambulance bay

ATTN: Facility Department

Misumi-cho, Iwakuni, Yamaguchi-Pref. JAPAN 740-0025

Navy Medicine Readiness & Training Unit Branch Health Clinic (BHC) Iwakuni

ATTN: Material Management Department, Room L101

Misumi-cho, Iwakuni, Yamaguchi-Pref. JAPAN 740-0025

Navy Medicine Readiness & Training Command Branch Health Clinics (BHC) Sasebo

Tank located at Bldg. 1529

ATTN: Emergency Room

Hirasemachi-cho, Sasebo, Nagasaki-Pref., JAPAN

Navy Medicine Readiness & Training Command Branch Health Clinics (BHC) Sasebo Hario Housing Medical Clinic

Tank located at Bldg. 5139, Hario Housing Medical Clinic

ATTN: Emergency Room

Egami-Cho, Sasebo, Nagasaki-Pref. JAPAN

Navy Medicine Readiness & Training Command Branch Health Clinics (BHC) Sasebo Veterinary Treatment Facility Hario Annex

Tank located at Bldg. 5102, ATTN: Surgical/Emergency Services

Egami-Cho, Sasebo, Nagasaki-Pref. JAPAN

Navy Medicine Readiness & Training Command Branch Health Clinic (BHC) Atsugi

Attn: Supply Department Bldg. 21

Ohgami, Ayase-shi, Kanagara Pref., 252-1101

Navy Medicine Readiness & Training Detachment Fuji - CATC Camp Fuji

Bldg 263

Gotenba, Shizuoka Pref., 412-0006

35th Medical Group, Misawa Air Base

Tanks and LOX Tank are located at Gas Cage at Bldg. 99, Unit 5024, Misawa Air Base Japan

ATTN: 35 MDSS/SGSM Medical Logistics

1-64, Hirahata, Misawa-shi, Aomori-ken, 033-0012, Japan

Naval Hospital Okinawa - TBD

18th Medical Group, Kadena Air Base - TBD

374th Medical Group, Yokota Air Base - TBD

US Army Health Clinic BG Crawford Sams-Camp Zama - TBD

RESERVED

SECTION 5 - DELIVERYSCHEDULE. Deliveries will be made on an "as needed" basis. Deliveries are to be between the hours of 0630-1630, Monday- Friday. Items shall be delivered on an "as needed" basis during the period of performance of this Master Blanket Purchase Agreement.

Partial shipments may be accepted if approved in writing by the Government.

SECTION 6 - QUALITYASSURANCE AND INSPECTION

6.1. The Contractor shall comply with High Compressed Gas Law in Japan and its relevant regulations as to handling compressed Conformance.

gases and cylinders including maintenance services and transportation of them. The Contractor shall present copy of certificate for "Pharmaceutical products sale authorization" issued by Local Public Health Center.

6.2. All items shall be new, commercially acceptable, and conform to the performance specifications provided. Vendor can provide the SDS (Safety Data Sheet) for the tanks if it includes puerility.

6.3. Inspection &Acceptance. The Government reserves the right to inspect all deliveries at the point of receipt. Non-conforming items will be rejected and may be subject to replacement or repair at no additional cost. Tank trucks shall be subject to inspection by the U.S. Government at all reasonable times and at all places, including the plant of the Contractor. Supplies tendered for acceptance in tank trucks which are not sanitary, or which are not complying with any prescribed requirement, may be rejected without further inspection.

6.4. BHC Iwakuni. The Contractor shall present copy of certificate for "Pharmaceutical products sale authorization" (Iyakuhinn Hanbai Kyokasho) issued by Local Public Health Center (Hokenjo) or American equivalent. The Contractor shall utilize a manufacturer that has obtained appropriate manufacture's license to produce and sell medical grade oxygen. The Contractor shall maintain a copy of the manufacture's license on file.

SECTION 7 - POINTS OF CONTACT. SEE SECTIONH, BPA TERMS AND CONDITIONS

SECTION 8 - SPECIAL REQUIREMENTS. Couriers are to have base access via DBIDS. Deliveries are ONLY to be made to the listed Delivery Locations and will be specified upon ordering.

Requirements Blanket Purchase Agreement Medical Gas Japan - Okinawa

Section D - Packaging and Marking

Section E - Inspection and Acceptance

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.246-2 Inspection of Supplies-Fixed-Price. Aug 1996

Section F - Deliveries or Performance

Overall Contract Delivery Period

Ordering Period From 01 Sep 2025 to 31 Aug 2030

The ordering period above may include unexercised options

Contractor Destination

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.247-34 F.o.b. Destination. Jan 1991

Section G - Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.232-7008 Assignment of Claims (Overseas). Jun 1997

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. (Jan 2023)

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) As used in this clause- Definitions.

"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.

"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.

"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as Electronic invoicing.

authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) To access WAWF, the Contractor shall- WAWF access.

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice WAWF training.

Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/

(e) Document submissions may be via web entry, Electronic Data Interchange, or File Transfer WAWF methods of document submission.

Protocol.

(f) The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF payment instructions.

WAWF for this contract or task or delivery order:

(1) The Contractor shall submit payment requests using the following document type(s): Document type.

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items-

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer. INVOICE

AND RECEIVING REPORT

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer. N/A

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial financing, submit a commercial financing request.

(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]

(3) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF Document routing.

when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC Call Level

Issue By DoDAAC Call Level

Admin DoDAAC Call Level

Inspect By DoDAAC N/A

Ship To Code Call Level

Ship From Code N/A

Mark For Code N/A

Service Approver (DoDAAC) Call Level

Service Acceptor (DoDAAC) Call Level

Accept at Other DoDAAC N/A

LPO DoDAAC N/A

DCAA Auditor DoDAAC N/A

Other DoDAAC(s) N/A

(4) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in Payment request.

accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. Receiving report.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

Naval Hospital Okinawa: usn.butler.navhospokinawaja.mesg.contractadmin@health.mil Kadena Air Base: TO BE PROVIDED AT A LATER TIME

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

Section H - Special Contract Requirements

Section H - Special Contract Requirements

POINTS OF CONTACT INFORMATION

1. VENDOR POC

Name: Ryoma Koki

Title: Kabushiki Kaisha OKANO

Phone: +81 (0) 989562040/ Cell: 08083635451

Email: okano.okinawa@gmail.com

2. CONTRACTS POC

- Contract Specialist: Bobbie Dobberstein (Contractor, Amyx, Inc.)

Title: Sr. Contracts Analyst

Department: Healthcare Contracting Division - West (HCD-W)Defense Health Agency Contracting Activity (DHACA)

Phone: (478) 919-4484

Email address: bobbie.s.dobberstein.ctr@health.mil

- Name: Cha-on P. Gordon

Title: Contracting Officer

Department: Healthcare Contracting Division - West (HCD-W)Defense Health Agency Contracting Activity (DHACA)

Phone: (726) 203-0109

Email address: cha-on.p.gordon2.civ@health.mil

3. DELIVERY POC

POC for Naval Hospital Okinawa:

- Name: Aimee Tamashiro

Title: Purchasing and Contract Specialist

Email: aimee.s.tamashiro.ln@health.mil

- Name: Hitomi Oshiro

Title: Purchasing and Contract Assistant

Email: hitomi.oshiro.ln@health.mil

- Name: Ryota Kobashigawa

Title: Purchasing and Contract Assistant

Email: ryota.kobashigawa.ln@health.mil

POC for Kadena AB:

- Name: Ms. Makiko Watson

Title: Contracting Officer's Representative

Email: makiko.watson4.ln@health.mil

- Name: TSgt Kerraine Ryan Govia

HT941025AE004

mailto:aimee.s.tamashiro.ln@health.mil mailto:hitomi.oshiro.ln@health.mil mailto:ryota.kobashigawa.ln@health.mil mailto:makiko.watson4.ln@health.mil

Title: Section Chief Service Contract Management

Email: kerraine.r.govia.mil@health.mil

DELIVERYLOCATION. SEE STATEMENTOF WORK

EXTERIOR SHIPPING CONTAINER(S) OF ITEMS SHALL CONTAIN THEBELOW INFORMATION:

MARK FOR: HT941025AE002, POC INFO (NAME, PHONE, EMAIL)

CONTRACTOR: Include the contract number, located in block 1of this 1155, on all packing slips and ensure a copy of the packing slips are provided to the acceptor upon delivery at the facility designated in this order.

GOVERNMENT WIDE COMMERCIAL PURCHASE CARD (GCPC) POC

Name: Tracy Robinson

Title: Contract Specialist/Contracting Officer/GCPC Approving Official

Department: DHA-CA, HCD-W

Phone: (726) 203-0072

Email: tracy.m.robinson18.civ@health.mil

DBIDS

DEFENSE BIOMETRIC IDENTIFICATION SYSTEM (DBIDS)

(a) DBIDS is the current system for access control verification and management for the Department of Defense (DoD).

(b) DBIDS guidance for Vendors/Contractors to obtain a pass is accessible through the followingwebsite: https://www.cnic.navy.mil/Operations-and- Management/Base-Support/DBIDS/.

(c) For more information or to enroll in the DBIDS Program, call: (202) 433-4784.

(d) Pre-enrolling will help expedite your processing time. To pre-enroll for a DBIDS card, visit the following website: https://dbids-global-enroll.

dmdc.mil/preenrollui/

(e) Vendors, contractors, suppliers, and other service providers shall present their pass upon entry at the entry control point (ECP).

BPA TERMS AND CONDITIONS

IDENTIFICATION OF PROCURING CONTRACTING OFFICER /ORDERING OFFICER. The Procuring Contracting Office (PCO) is located at the Defense Health Agency (DHA), Healthcare Contracting Division-West (HCD-W) who will be responsible with the overall administration of the Blank Purchase Agreement (BPA). The PCO is responsible for the BPA in its entirety and possesses complete authority to modify the terms of the basic contract. The scope of this BPA is Medical Gases in Japan. DHA Contracting Officers and authorized ordering officers/Government Purchase Card Holders will be responsible for ordering and administration of the individual BPA Calls. All correspondence for the BPA shall be addressed to the PCO and shall include the BPA number assigned.

The following location(s) to be supported by this BPA isas follows: Naval Hospital (NH) Okinawa and Kadena Air Base

(AB).

ORDER ISSUANCE PROCEDURES. Supplies may be ordered at the prices offered, in two (2) ways:

1) An order placed by an authorized Government user using a Government Wide Commercial Purchase Card (GCPC); or

2) A call order by the issuing activity using a DD Form 1155 "Order for Supplies and Services."

Ordering activities/GCPC holders outside of the must contact the PCO Contract Specialist NH Okinawa and Kadena AB /Contracting Officer prior to GCPC order/BPA Call to ensure sufficient capacity exists. BPAc apacity can be requested via email to:

- Contract Specialist: Bobbie Dobberstein, bobbie.s.dobberstein.ctr@health.mil

- Contracting Officer: Cha-on P. Gordon cha-on.p.gordon2.civ@health.mil

HT941025AE004

mailto:kerraine.r.govia.mil@health.mil mailto:tracy.m.robinson18.civ@health.mil

- HCD-W, Echo Branch Mailbox: dha.ncr.San-DiegoMarket.list.wmcd-rp-inbox-echo-owners@health.mil

ORDER PLACEMENT BY GCPC. Orders placed through the GCPC require payment by an authorized GCPC user. When receiving a GCPC orders against the BPA, the Contractor shall provide the supplies at the offered price without additional markup or handling fee.

ORDER PLACEMENT BY BPA CALL. When work exceeds the micro-purchase threshold and/or a GCPC Holder is not available, requirements can be acquired via BPA Call. This BPA includes the authorization for the vendor to furnish supplies, if and when called for, by those persons designated by the Contracting Officer to place calls within the overall BPA ceiling of a total of over the life of the BPA. $1,900,000.00

Obligation by the Government. The Government is obligated only to the extent of those authorized calls/GCPC purchases that are actually made against the BPA by authorized personnel.

Pricing. See Pricing List in section B of the BPA.

Order Limitation. No individual call shall exceed $250,000.00

Delivery Tickets. The BPA shall include a requirement that all shipments will be accompanied with delivery tickets (in triplicate).Delivery tickets will be prepared by the contractor and must contain the following information:

(a) Name of supplier,

(b) BPA number,

(c) Date of Call,

(d) Call number,

(e) Itemized list of supplies furnished,

(f) Quantity, unit price and extended prices of each item; and

(g) Date of delivery or shipment. The receiving activity designated in the BPA must sign three copies of the delivery ticket. The signature of the designated receiving activity constitutes acceptance by the Government. One ticket should be retained by the receiving activity and two copies returned to the contractor or their agent. The vendor or their agent should be notified that signed delivery ticket is required to support their invoice.

Place of Delivery: IAW Statement of Work (SOW)

Call Order Invoicing. See DFARS 252.232-7006.

BPA REPORTING REQUIREMENTS Awardee shall not accept orders that exceed the estimated maximum BPA value and /or the performance period. The will maintain a log KABUSHIKI KAISHA OKANO, UEI: LRUYK4FF8Q65 CAGE: JS976 report on the fifth day of each month immediately after award of the Master BPA identifying total orders received/awarded. The capacity log report shall be submitted on the fifth of each month immediately after award of the BPA in the format provided to the PCO and GCPC POCs. A Capacity Log Report format/excel monthly sheet will be provided to the awardee upon award. Negative responses are also required each month. KABUSHIKI KAISHA OKANO, UEI: LRUYK4FF8Q65 CAGE:

shall track quantities and report total ordered quantity by line item each month and year-to-date. The JS976 PCO and GCPC must track and report when the total dollar value of all orders from both the GCPC purchases and DD 1155 call orders POCs exceed 75% of the annual BPA ceiling of $1,900,000.00.

PRODUCT PURCHASE AND PRICES. The parties agree that during the term of this Agreement, Customer may purchase the Products on the price list at the prices indicated therein. KABUSHIKI KAISHA OKANO, UEI:

may remove any Product(s) from this Agreement upon 30 days prior written notice to LRUYK4FF8Q65CAGE: JS976 Customer. All orders are subject to product availability and KABUSHIKI KAISHA OKANO, UEI: LRUYK4FF8Q65 acceptance of each order by Customer. The terms and conditions on call order forms issued by Customer shall CAGE: JS976 not be deemed to be a part of this Agreement and shall not be deemed to modify or supplement this Agreement in any way, notwithstanding the fact that may acknowledge or KABUSHIKI KAISHA OKANO, UEI: LRUYK4FF8Q65 CAGE: JS976 otherwise approve such call orders. If not signed by both parties within sixty (60) days from the date listed on the cover page of this Agreement, the pricing and terms of this Agreement may be revised or revoked without notice.

TERM. The term of this Agreement (the "Term") shall commence on the date on which it has been executed by both parties (the "Effective Date") and shall expire on , unless earlier terminated as provided herein. In accordance with FAR 31 August 2030 8.405-3(e)(1)(iii), the PCO shall review the BPA and determine in writing, at least once a year (April1st of each year) whether estimated quantities/amounts have been exceeded and additional price reductions can be obtained KABUSHIKI KAISHA

(September 1st of each OKANO, UEI: LRUYK4FF8Q65CAGE: JS976 has the option of increasing the pricing once a year year).

DELIVERY. All Products will be shipped F.O.B. KABUSHIKIKAISHA OKANO, UEI: LRUYK4FF8Q65 CAGE: JS976 facility, with paid freight. There will be no charge for local delivery.

CONFIDENTIALITY. For purposes of this provision, "Confidential Information" means the terms of this Agreement and any other confidential information disclosed by a party to the other in connection with this Agreement. During the term of this Agreement, neither Customer nor shall disclose the KABUSHIKI KAISHA OKANO, UEI: LRUYK4FF8Q65 CAGE: JS976 other party's Confidential Information to any other person or entity outside its organization and affiliates, make any public announcement concerning the existence of this Agreement or its terms, or use (or permit its affiliates to use) the other party's Confidential Information for any purpose other than its performance under this Agreement, unless such party receives the prior written approval of the other party. Notwithstanding the foregoing, a party may make any such disclosure as is required by law, subpoena or other judicial or administrative process provided that it gives the other party reasonable notice and an opportunity to seek confidential treatment. For purposes of this Agreement, an affiliate is an entity that Customer or KABUSHIKI KAISHA

, as the case may be, controls, is controlled by, or is under common control OKANO,UEI: LRUYK4FF8Q65 CAGE: JS976 with, and the disclosure is reasonably necessary for purposes of performance under this Agreement. If Customer receives a request under state or federal open records laws that involves this contract, Customer must give KABUSHIKI KAISHA notice in order forOKANO, UEI: LRUYK4FF8Q65 CAGE: JS976 KABUSHIKI KAISHA OKANO, UEI:

to take all legal steps to prevent disclosure of its Confidential Information. Additionally, LRUYK4FF8Q65 CAGE: JS976

Customer agrees to release only the information directly applicable to the open records request, and not any additional or extraneous information.

MISCELLANEOUS.

a. ANTI-KICKBACK STATUTE. Customer and KABUSHIKI KAISHA OKANO, UEI: LRUYK4FF8Q65CAGE: JS976 intend that this Agreement shall be administered in accordance with the provisions of the federal Anti-Kickback Statute (42, U.S.

C. (S)1320a-7b(b)). To the extent that any discounts and/or rebates are issued by KABUSHIKIKAISHA OKANO, UEI:

and received by Customer with respect to Products under this Agreement, such discounts andLRUYK4FF8Q65 CAGE: JS976 /or rebates may be considered "discounts or other reductions in price" under the Anti-Kickback Statute, Section 1128B(b)(3)(A) of the Social Security Act [42 U.S.C.(S) 1320a-7b(b)(3)(A)]. To the extent required by the Anti-Kickback Statute or the Discount Safe Harbor regulations, 42 C.F.R (S) 1001.952(h) et seq., Customer shall fully and accurately disclose such discounts and other reductions in price in accordance with the applicable state or federal cost reporting requirements, including, without limitation, disclosing and accurately reflecting where appropriate, and as appropriate, to the applicable reimbursement methodology. will provide Customer with sales KABUSHIKI KAISHA OKANO, UEI: LRUYK4FF8Q65 CAGE: JS976 and discount information to allow Customer to comply with this Section and the discount safe harbor, including sufficient discount, rebate and/or other pricing information that may be applicable to enable Customer to accurately report its actual costs for all purchases of products and services made KABUSHIKIKAISHA OKANO, UEI: LRUYK4FF8Q65 CAGE: JS976 pursuant to this Agreement. The total charges for the products purchased under this Agreement shall be the contract price less any such discounts, rebates, and/or other reductions in price that may be applicable.

b. STATEMENT REGARDING DEBARMENT/SUSPENSION/ EXCLUSION ISSUES. KABUSHIKIKAISHA OKANO, UEI: LRUYK4FF8Q65 CAGE: JS976 will certify that it is not excluded, debarred or suspended from and is not, in any other way, ineligible to participate in any state or federal governmental program, and that none of its personnel involved in the sale of products to Customer is excluded, debarred, or suspended from any state of federal governmental program.

c. FORCE MAJEURE. KABUSHIKI KAISHA OKANO, UEI: LRUYK4FF8Q65 CAGE: JS976 shall use commercially reasonable efforts to fill orders but shall not be liable for non-performance, losses, damages, or delays caused by a shortage of supply of raw materials, manufacturing problems, supply chain disruptions, delivery or labor problems, intervention of any governmental authority or acts of regulatory agencies, fires, earthquakes, epidemics, natural calamities, acts of God, or other causes beyond its reasonable control. Customer agrees that in such events KABUSHIKI KAISHA OKANO, UEI:

without liability to Customer, may allocate Products among all of its customers.LRUYK4FF8Q65 CAGE: JS976

d. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with Federal law.

e. NOTICES. Any notice hereunder shall be in writing and sent via recognized express delivery courier or certified or registered mail, prepaid and return receipt requested, addressed to the other Party at its address specified herein, or at such other address designated in a subsequent written notice.

f. ENTIRE AGREEMENT / MODIFICATIONS / WAIVER / ASSIGNMENT/ SEVERABILITY. This Agreement, including the exhibits hereto, and the Section 1 - Contract Clauses " ", sets CLAUSESINCORPORATED BY REFERENCE forth the entire agreement and understanding between the parties, and supersedes all prior understandings and discussions, regarding the subject matter hereof. No amendment, change ,modification or waiver of any provision of this Agreement will be binding unless set forth in a written document signed by the parties (in the case of amendments or modifications) or the party to be charged thereby (in the case of waivers). Email communications will not constitute a writing for the purposes of any amendment or other modification to this Agreement. No waiver by any party of any breach on the part of the other party will be a waiver of any subsequent breach. may assign this KABUSHIKI KAISHA OKANO, UEI: LRUYK4FF8Q65 CAGE: JS976 Agreement to an affiliate or successor in interest without consent from or notice to Customer. Except as provided in the foregoing, this Agreement and the rights, duties and responsibilities of the parties hereto shall not be assigned to a third party without the prior written consent of the other party, which shall not be unreasonably withheld. Subject to the preceding sentence, this Agreement shall be binding upon, inure to the benefit of and been forceable by the Parties and their respective successors and assigns. Notwithstanding anything herein to the contrary, the Sections of this Agreement entitled Warranty, Return of Product, Indemnification, for Limitation of Liability, Confidentiality, Anti-Kickback Statute, Force Majeure, Conditions of Sale, Governing Law, and Entire Agreement / Modifications / Waiver /Assignment/ Severability shall survive termination or expiration of this Agreement. In the event any portion of this Agreement is declared void, invalid, unenforceable, or illegal in any respect by a court or tribunal of competent jurisdiction, such provision will be modified and interpreted to comply with applicable law or severed from this Agreement, and the remaining provisions will remain in effect, unless the effect of such severance would be to alter substantially this Agreement or the obligations of the parties, in which case this Agreement may be immediately terminated. This Agreement may be executed (with original or electronic signatures) in two or more counterparts, and by different Parties on separate counterparts, and each such counterpart shall be deemed to be an original, but all such counterparts shall together constitute but one and the same Agreement.

Section I - Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.202-1 Definitions. Jun 2020 52.203-3 Gratuities. Apr 1984 52.203-7 Anti-Kickback Procedures. Jun 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. May 2014 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. May 2014 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. Jun 2020 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Nov 2021

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. Nov 2023 52.225-14 Inconsistency between English Version and Translation of Contract. Feb 2000 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving. May 2024 52.232-1 Payments. Apr 1984 52.232-8 Discounts for Prompt Payment. Feb 2002 52.232-17 Interest. May 2014 52.232-25 Prompt Payment. Jan 2017 52.233-1 Disputes. May 2014

52.240-1 Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities.

Nov 2024

52.249-8 Default (Fixed-Price Supply and Service). Apr 1984

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.203-7003 Agency Office of the Inspector General. Aug 2019 252.204-7004 Antiterrorism Awareness Training for Contractors. Jan 2023 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. May 2024 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. Jan 2023

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

Jan 2023

252.205-7000 Provision of Information to Cooperative Agreement Holders. Oct 2024

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.

May 2019

252.211-7008 Use of Government-Assigned Serial Numbers. Sep 2010 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements. Jan 2023 252.223-7008 Prohibition of Hexavalent Chromium. Jan 2023 252.225-7001 Buy American and Balance of Payments Program. Feb 2024 252.225-7002 Qualifying Country Sources as Subcontractors. Mar 2022 252.225-7012 Preference for Certain Domestic Commodities. Apr 2022 252.225-7021 Trade Agreements. Feb 2024 252.225-7036 Buy American-Free Trade Agreements--Balance of Payments Program. Feb 2024 252.225-7041 Correspondence in English. Jun 1997 252.225-7048 Export-Controlled Items. Jun 2013 252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten. May 2024 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime.

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