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This is a Combined Synopsis/Solicitation for a Single Award Indefinite Delivery, Indefinite Quantity (ID/IQ) contract issued as a Request for Quote (RFQ) by the U.S. Food and Drug Administration (FDA) for compressed gases and dry ice supply and services.
The FDA's National Center for Toxicological Research (NCTR) and Arkansas Human and Animal Food Laboratory (ARHAFL), located at Jefferson Laboratory Campus in Jefferson, Arkansas, require a reliable supply of various compressed gases and dry ice, including individual cylinders of various sizes, bulk storage tanks, telemetry monitoring, refills, and dry ice. The contract covers five one-year ordering periods from September 19, 2026 through September 18, 2031, with a guaranteed minimum of $5,000.00 and an estimated maximum of $1,200,000.00. Pricing must be submitted using the required Schedule of Required Compressed Gases, Dry Ice, and Associated Charges attachment. The contractor must provide multiple types of compressed gases (including ultra-high purity argon and nitrogen systems ranging from 1,000 to 3,000 gallons), deliver equipment within two weeks of authorization, provide automated telemetry systems with continuous monitoring, maintain quarterly status reports, and ensure at least one delivery per week to Building 85 by Wednesday for orders placed by 5:00 PM CST on Mondays. The contractor is responsible for all installation, site inspections, pressure vessel testing, maintenance, and coordination with the incumbent contractor during transition-in and transition-out periods. Pricing structures should minimize or eliminate recurring cylinder rental fees, with any rental charges separately identified. The contract is unrestricted and open to full and open competition. Proposals are due by 1:00 PM Central Time on August 18, 2026, submitted via email to howard.nesmith@fda.hhs.gov. Award will be based on an "All or None" evaluation considering performance requirements, transition plan feasibility, and price, with technical acceptability being more important than price in determining best value.
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| Attachment 1-Schedule of Required Compressed Air and Gases.xlsx | XLSX spreadsheet |
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Combined Synopsis/Solicitation 75F40126Q134428
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 request for proposals.
The solicitation number is 75F40126Q134428. This solicitation is issued as a Request for Quote (RFQ). For information regarding this solicitation, please contact Howard Nesmith by e-Mail at howard.nesmith@fda.hhs.gov.
The appropriate North American Industry Classification System (NAICS) Code is 325120 - Industrial Gas Manufacturing; with a Small Business Size Standard in number of employees 1,200.
This requirement is solicited unrestricted and made available to Full and Open competition, meaning any qualified vendor regardless of size status may submit a quote.
Statement of Need/Requirements:
The U.S. Food and Drug Administration (FDA), National Center for Toxicological Research (NCTR) and the Arkansas Human and Animal Food Laboratory (ARHAFL), located on the Jefferson Laboratory Campus (JLC) research and scientific studies require a reliable supply of various compressed gases and dry ice. This requirement includes compressed gases in individual cylinders of various sizes, bulk storage tanks, telemetry monitoring, refills, and dry ice.
Schedule of Items/Services:
PRICING MUST BE PROVIDED USING ATTACHMENT 1 - SCHEDULE OF
REQUIRED COMPRESSED GASES, DRY ICE, AND ASSOCIATED CHARGES
Item #1 (Ordering Period #1) Compressed Gases and Dry Ice To meet below Requirements
Inclusive of supply, delivery, vessel rental, telemetry monitoring, delivery and surcharges, if applicable.
Ordering of Period: 9/19/2026 through 9/18/2027
Item #2 Ordering Period #2 Compressed Gases and Dry Ice Inclusive of supply, delivery, vessel rental, telemetry monitoring, delivery and surcharges, if
Ordering of Period: 9/19/2027 through 9/18/2028
Item #3 Ordering Period #3 Compressed Gases and Dry Ice mailto:howard.nesmith@fda.hhs.gov
Inclusive of supply, delivery, vessel rental, telemetry monitoring, delivery and surcharges, if
Ordering of Period: 9/19/2028 through 9/18/2029
Item #4 Ordering Period #5 Compressed Gases and Dry Ice Inclusive of supply, delivery, vessel rental, telemetry monitoring, delivery and surcharges, if
Ordering of Period: 9/19/2029 through 9/18/2030
Item #5 Ordering Period #5 Compressed Gases and Dry Ice Inclusive of supply, delivery, vessel rental, telemetry monitoring, delivery and surcharges, if
Ordering of Period: 9/19/2030 through 9/18/2031
GSA Contract Number: __________________ (If Applicable)
Background:
The FDA/NCTR/ARHAFL is responsible for protecting the public health by assuring the safety, efficacy, and security of human and veterinary drugs, biological products, medical devices, our nation’s food supply, cosmetics, and products that emit radiation. The FDA is also responsible for advancing public health by helping to speed innovations that make medicines and foods more effective, safer, and more affordable, and helping the public get the accurate, science-based information they need to use medicines and foods to improve their health. Jefferson Laboratory Campus (JLC) Jefferson, Arkansas is FDA’s largest government owned research complex, housing various scientific organizations. Two (2) of these organizations consist of the NCTR and HFP who require different types of compressed gases and dry ice.
Performance Requirements:
Contractor must provide multiple types of compressed air and gases as outlined in “Attachment
1-Schedule of Required Compressed Air and Gases.” Contractor must deliver and install all required compressed gas storage and dispensing equipment, including but not limited to cylinders, dewars, tube trailers, bulk tanks, vaporizers, regulators, telemetry devices, and associated piping (collectively, “Equipment”), in compliance with applicable Federal, State, and Local Laws, including but not limited to OSHA and NFPA standards. Below are more specific statements regarding this contract:
• Quantities represented herein are estimates only and should not be construed as maximum or minimum requirements or a guarantee. Quantities are accurate to the best of the Government’s ability. Usage fluctuations may affect the total requirements.
• Respondents are required to provide a quote for all items for each Ordering Period.
Ensuing contract award will be based on an “All or None” on the overall price of the compressed gases and dry ice inclusive of supply, delivery, vessel rental, telemetry monitoring, delivery and surcharges, if applicable.
• Offerors must clearly identify their proposed pricing methodology for cylinder use.
Monthly cylinder rental charges are discouraged. The Government prefers pricing structures that minimize or eliminate recurring cylinder rental fees, such as all-inclusive pricing, transaction-based pricing, or pricing that includes a defined no-charge cylinder retention period. Any cylinder rental, demurrage, or other ownership-related charges shall be separately identified in the proposal.
• Throughout the life of an ensuing contract any FDA Operating Divisions (OpDiv) may be added or deleted at any time to accommodate Government’s needs.
• Throughout the life of an ensuing contract to accommodate the addition of new gases or requirements within scope of the contract, proposal shall include how pricing structure was derived (i.e. Contractor’s cost-plus percent of mark-up or discount off of current market price) for such structure shall be applied to any addition or modification of the contract.
• In the event of National Emergency, Natural Disaster, Weather Phenomenon, or Federal
Executive Order price increase requests will be considered. Written price increase requests must be supported by documentary evidence to be the cause for increase. Price increases will be limited to the actual increase amount per case incurred to support price adjustment request.
• Contractor must provide an account number specific to JLC for the multiple GPC holders to use when placing orders and a tracking system to know how long a tank(s) has been in use or awaiting use on the campus. This system must be able to tell when a tank(s) has been delivered for use and when the tank(s) has been returned to the contractor. Invoices must be submitted directly to the GPC holder who authorized the order. Invoices must include at a minimum the contract number, date delivered, gas type, size and serial number of tanks provided.
• All JLC’s GPC orders for individual tanks and dry ice placed before 5:00 pm CST on Mondays of every week must be delivered to Building 85 by Wednesday of the same week. Any orders placed after Monday deadline can be delivered with the same week delivery if feasible for the Contractor, but otherwise, must be scheduled for the next week’s delivery. It is estimated the contractor will be making at least 1 delivery per week of the contract. Additional deliveries may be required as requested only by the COR. The Government may require delivery on the same day in emergency cases.
• Microbulk and Bulk Tanks – Any system provided must be installed to current fittings and regulators located at the building, filled and ready to operate within 2 weeks of ordering official’s authorization. All site inspections and testing are the contractor’s responsibility for setting up. Systems provided must include a manifold with display for volume and pressure. Contractor must provide an automated telemetry system as well as continuous monitoring of gas levels. The Contractor must notify the ordering official when the gas level approaches the 30% mark for a delivery/purchase authorization.
Deliveries to the tank must not be made without prior authorization from the ordering official (GPC holder) assigned to ordering for this tank. Contractor is responsible for all pressure vessel testing and maintenance of this tank during the contract period of performance. Certificate of Analysis must be provided with each delivery.
• Contractor must provide a quarterly status report, as agreed upon with the COR, to track the status of the contract. This report must track ongoing work, including but not limited to, gas deliveries, tanks being rented/picked up (including serial numbers), telemetry readings, cumulative costs for the contract, remaining ceiling, and any other pertinent information as coordinated by the COR.
Potential tank size and specification by location:
• Microbulk Liquid Argon system:
o The system must be able to provide Ultra High Purity (UHP) Argon Gas up to 350 psi. UHP is defined as 99.999% pure.
o The tank must have the capacity to hold up to minimum of 1000 gallons UHP
Argon with an estimate usage of 145 cubic feet (hfc) per month.
• Microbulk Liquid Nitrogen system:
o The system must be able to provide Ultra High Purity (UHP) Nitrogen Gas up to
350 psi. UHP is defined as 99.999% pure.
o The tank must have the capacity to hold up to minimum of 1500 gallons of UHP nitrogen with an estimate usage of 260 cubic feet (hfc) per month.
• Bulk Liquid Nitrogen system:
200 psi. UHP is defined as 99.999% pure. Certificate of Analysis must be provided with each delivery.
o The tank must have the capacity to hold up to minimum 1,500 gallons of UHP nitrogen with an estimate usage of 1900 cubic foot (hfc) per month.
• Must include a Bulk Liquid Nitrogen system:
200 psi. UHP is defined as 99.999% pure.
o The tank must have the capacity to hold up to minimum 3,000 gallons of UHP nitrogen with an estimate usage of 5,700 cubic foot (hfc) per month.
Transition Requirements
• Transition-In o At contract commencement, the Contractor shall cooperate in good faith with the Government and the incumbent contractor to ensure an orderly transition of services without interruption to FDA operations. The Contractor must coordinate all transition activities with the Contracting Officer's Representative (COR). The parties shall jointly document existing cylinder counts and on-site inventory to establish baseline asset accountability. Installation or exchange of cylinders, microbulk systems, bulk tanks, and dry ice continents shall be coordinated with the COR and incumbent contractor. Any disconnection of gas supply required for equipment exchange shall be performed only after normal business hours or on weekends, unless otherwise approved by the COR.
• Transition-Out o Upon expiration or termination of the contract, the Contractor shall cooperate in good faith with the Government and any successor contractor to ensure an orderly transition of services. Within 10 calendar days of contract completion, the Contractor and the COR shall conduct a final cylinder inventory and reconciliation.
The Contractor shall remove all Contractor-owned cylinders, bulk tanks, microbulk systems, associated equipment, and dry ice containers from Government premises unless otherwise directed by the Contracting Officer. The Contractor shall restore affected areas to their pre-installation condition following equipment removal. Any equipment removal requiring interruption of gas service shall be coordinated with the successor contractor and the COR and performed after normal business hours or on weekends, unless otherwise approved by the COR. The Contractor shall provide all documentation necessary to facilitate an efficient transfer of services and maintain continuity of gas supply throughout the transition period.
Place of Delivery/Performance:
U.S. Food and Drug Administration Jefferson Laboratory Campus (JLC) 3900 NCTR Road Jefferson, AR. 72079
Placement of Delivery Orders:
When compressed gases and dry ice are required under this contract the Government will issue a written Delivery Order providing required gases, dry ice, quantity, and delivery date. The Contracting Officer or designee is the only person(s) authorized to place these orders. The Contractor must provide the required gases and dry ice in accordance with the Fixed Price Schedule, and requirements as indicated in each individual Delivery Orders.
Deliveries/Service must not be scheduled during Federal Holidays or Federal Closures as determined by Executive Orders or opm.gov. Federal Holidays are as follows:
New Year’s Day Martin Luther King, Jr.’s Birthday Washington’s Birthday Memorial Day Juneteenth
Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day
Independence Day
Contract Type:
Single Award Indefinite Delivery, Indefinite Quantity (ID/IQ) Contract with Firm-Fixed Price Delivery Orders for all-inclusive Compressed Gases and Dry Ice inclusive of supply, delivery, vessel rental, telemetry monitoring, delivery and surcharges, if applicable over a five (5) year ordering period with a contract’s guaranteed minimum is $5,000.00 which will be fulfilled with 1st Delivery Order when issued. The contract’s estimated maximum is $1,200,000.00 over a five (5) year ordering period.
Contract Ordering of Periods:
The Ordering of Periods for this IDIQ Contract consists of 5-One Year Ordering Periods.
Ordering Period #1 - 09/19/2026 thru 09/18/2027 Ordering Period #2 - 09/19/2027 thru 09/18/2028 Ordering Period #3 - 09/19/2028 thru 09/18/2029 Ordering Period #4 - 09/19/2029 thru 09/18/2030 Ordering Period #5 - 09/19/2030 thru 09/18/2031
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
The clause at 52.212-4, Contract Terms and Conditions - Commercial Products and Commercial Services (Deviation SEP 2025) applies to this solicitation.
The following addenda apply:
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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (DEVIATION) (RFO
NOV 2025
52.216-18, Ordering (Aug 2020) - (a) “…. from the effective date of award through the end of the effective period of performance”.
52.219-4, Notice of Price Evaluation preference for HUBZone Small Business Concerns
(DEVIATION) (RFO SEP 2025)
52.219-9, Small Business Subcontracting Plan (DEVIATION) (RFO SEP 2025) 52.222-3, Convict Labor (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) 52.226-8, 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) 52.232-36, Payment by Third Party (DEVIATION) (RFO SEP 2025) 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_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_10 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_219_9 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_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_222_90 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_36
52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) 52.233-3, Protest after Award (DEVIATION) (RFO SEP 2025) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) 52.240-91, Security Prohibitions and Exclusions (DEVIATION) (RFO AUG 2025) 52.244-6, Subcontracts for Commercial Products and Commercial Services (DEVIATION) (RFO
SEP 2025)
HHSAR Clauses 352.232-71 Electronic Submission of Payment Requests (APR 2026) (RFO DEVIATION)
(a) Definitions. As used in this clause- Payment request means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements in FAR 32.905(b), and the applicable Payment clause included in this contract.
(b) Except as provided in paragraph (c) of this clause, the Contractor must submit payment requests electronically using the Department of Treasury Invoice Processing Platform (IPP) or successor system. Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.
(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing.
(d) If alternate payment procedures are authorized, the Contractor must include a copy of the Contracting Officer’s written authorization with each payment request.
(End of clause)
352.239-79 Information [and Communication] Technology Accessibility. [Feb 2024])
[(DEVIATION)]
[(a) Pursuant to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998, all information and communication technology (ICT) supplies, products, platforms, information, documentation, and services support developed, acquired, maintained or delivered under this contract or order must comply with the Revised 508 Standards, which are located at 36 C.F.R. 1194.1 and Appendices A, B, and C, and are available at https://www.hhs.gov/web/section-508/index.html.
(b) Additional Section 508 accessibility standards applicable to this contract or order may be identified in the specification, statement of work, or performance work statement. If it is determined by the Government that ICT supplies, products, platforms, information, documentation, and services support provided by the Contractor do not conform to the described accessibility standards in the contract, remediation of the supplies, products, platforms, information, documentation, or services support to the le vel 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, 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 http://www.ipp.gov/ 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 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 t o the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.
(e) The contractor shall identify to the Contracting Officer any perceived exception or exemption to Section 508 requirements.
(End of Clause)
Supplies and/or services delivered hereunder shall be inspected and accepted at destination by the Governments Contracting Officer Representative (COR) specified at award. If the supplies or services are acceptable, the COR shall promptly forward a report of inspection and acceptance to the paying office. If the supplies or services are not acceptable, the COR shall document the nonconforming items/services and immediately notify the Contracting Officer.
Contract Administration:
The COR as identified on any subsequent Contract in Box 6 a. on Form 347 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 Contracting Officer as identified on any subsequent Contract in Box 23 on Form 347 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 statement of work;
(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.
https://www.hhs.gov/web/section-508/accessibility-checklists/index.html
Contractor Performance Information In accordance with FAR Subpart 42.11, FDA will complete annual (interim) and final contractor performance evaluations. Annual evaluations will be prepared to coincide with the anniversary date of the contract. Additional interim performance evaluations may be prepared at Contracting Officer discretion, as necessary. Final performance evaluations will be completed upon contract expiration.
FDA will utilize the Contractor Performance Assessment Reporting System (CPARS) in order to execute annual and final contractor performance evaluations. CPARS is a secure Internet website located at https://www.cpars.gov/. FDA will register the contractor in CPARS upon receipt of the name and email address of two (2) individuals who will be responsible for serving as the Contractor’s primary and alternate CPARS contracts.
Once FDA registers the contractor in CPARS, the Contractor will receive an automated CPARS email message which contains User IDs and instructions for creating a password.
Once a performance evaluation is issued, the Contractor’s primary and alternate CPARS contact will receive an email instructing them to logon to CPARS in order to review the performance evaluation.
The Contractor has 14 days from the date of performance evaluation issuance in which to review the evaluation. If the Contractor is in agreement with the performance evaluation outcome, the evaluation becomes final. Should the Contractor be in disagreement with the performance evaluation outcome, rebuttal comments must be submitted via the CPARS within 14 days from date the evaluation was issued by the FDA. Any disagreement between the Contracting Officer and the Contractor will be referred to a contracting official one level above the Contracting Officer, whose decision will be final.
Copies of each performance evaluation and contractor responses, if any, will be retained as part of the official contract file and will be used to support future award decisions. Evaluations will also be stored for a 3-year period in the https://www.cpars.gov/ system.
Contractors may obtain CPARS training material and register for on-line training at https://www.cpars.gov/cparsweb/lc. There is no fee for registration or use of the CPARS.
Payments:
No advance payment will be made under the resulting order/contract.
Payment Terms Net 30 Days After Government Acceptance of Supplies/Services.
Invoice Submission:
CONTRACTOR SHALL SUBMIT ALL INVOICES AS FOLLOWS:
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 -https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-42#FAR_Subpart_42_11 https://www.cpars.gov/ https://www.cpars.gov/ https://www.cpars.gov/cparsweb/lc http://www.ipp.gov/vendors/index.htm
Commercial Items included in commercial items contracts. The IPP website address is: https://www.ipp.gov c.
1. The Agency will enroll the Contractors new to IPP. The Contractor must follow the
IPP registration email instructions for enrollment to register the Collector Account for submitting invoice requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive Registration email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 - 5 business days of the contract award for new contracts or date of modification for existing contracts.
2. Registration emails are sent via email from ipp.noreply@mail.eroc.twai.gov. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email to IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.
3. The Contractor POC will receive two emails from IPP Customer Support, the first email contains the initial administrative IPP User ID. The second email, sent within 24 hours of receipt of the first email, contains a temporary password. You must log in with the temporary password within 30 days.
4. If your company is already registered to use IPP, you will not be required to re-register.
5. If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment as authorized by HHSAR 332.7002, a written request must be submitted to the Contracting Officer to explain the circumstances that require the authorization of alternate payment procedures.
d. Invoices that include time and materials or labor hours Line Items must include supporting documentation to (1) substantiate the number of labor hours invoiced for each labor category, and (2) substantiate material costs incurred (when applicable).
e. Invoices that include cost-reimbursement Line Items must be submitted in a format showing expenditures for that month, as well as contract cumulative amounts. At a minimum the following cost information shall be included, in addition to supporting documentation to substantiate costs incurred.
- Direct Labor - include all persons, listing the person's name, title, number of hours worked, hourly rate, the total cost per person and a total amount for this category;
- Indirect Costs (i.e., Fringe Benefits, Overhead, General and Administrative, Other Indirects)-show rate, base and total amount;
- Consultants (if applicable) - include the name, number of days or hours worked, daily or hourly rate, and a total amount per consultant;
- Travel - include for each airplane or train trip taken the name of the traveler, date of travel, destination, the transportation costs including ground transportation shown separately and the per diem costs. Other travel costs shall also be listed;
- Subcontractors (if applicable) - include, for each subcontractor, the same data as required for the prime Contractor;
- Other Direct Costs - include a listing of all other direct charges to the contract, i.e., office supplies, telephone, duplication, postage; and
- Fee - amount as allowable in accordance with the Schedule and FAR 52.216-8 if applicable.
f. Contractor is required to attach an invoice log addendum to each invoice which shall include, at a minimum, the following information for contract administration and reconciliation purposes:
(a) list of all invoices submitted to date under the subject award, including the following:
(1) invoice number, amount, & date submitted
(2) corresponding payment amount & date received
(b) total amount of all payments received to date under the subject contract or order https://www.ipp.gov/
(c) and, for definitized contracts or orders only, total estimated amounts yet to be invoiced for the current, active period of performance.
g. Payment of invoices will be made based upon acceptance by the Government of the entire task or the tangible product deliverable(s) invoiced. Payments shall be based on the Government certifying that satisfactory services were provided, and the Contractor has certified that labor charges are accurate.
h. If the services are rejected for failure to conform to the technical requirements of the task order, or any other contractually legitimate reason, the Contractor shall not be paid, or shall be paid an amount negotiated by the CO.
i. Payment to the Contractor will not be made for temporary work stoppage due to circumstances beyond the control of U.S. Food and Drug Administration such as acts of God, inclement weather, power outages, and results thereof, or temporary closings of facilities at which Contractor personnel are performing. This may, however, be justification for excusable delays.
j. The Contractor agrees that the submission of an invoice to the Government for payment is a certification that the services for which the Government is being billed, have been delivered in accordance with the hours shown on the invoices, and the services are of the quality required for timely and successful completion of the effort.
k. Questions regarding invoice payments that cannot be resolved by the IPP Helpdesk should be directed to the FDA Employee Resource and Information Center (ERIC) Helpdesk at 301-827- ERIC (3742) or toll-free 866-807-ERIC (3742); or, by email at ERIC@fda.hhs.gov. Refer to the Call-in menu options and follow the phone prompts to dial the option that corresponds to the service that's needed. All ERIC Service Now Tickets will either be responded to or resolved within 48 hours (2 business days) of being received. When emailing, please be sure to include the contract number, invoice number and date of invoice, as well as your name, phone number, and a detailed description of the issue.
Notice Regarding the Use of Macros in Submitted Documents Be advised that FDA does not accept documents which contain the use of macros. When submitting documents via email, DO NOT include .exe, .mso, or any other executable file types that could potentially trigger email security protections (i.e. email blocks, quarantine).
Document submissions required throughout the award period(s) shall not have macro enabled functionality and any document delivered having that functionality will be deemed delinquent, if not corrected prior to the due date.
Solicitation Provisions:
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. 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. Full text of any 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:
52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sep 2024) mailto:ERIC@fda.hhs.gov 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_11
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 52.204-7 System for Award Management
(DEVIATION) (RFO AUG 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 52.204-90 Offeror Identification (DEVIATION) (RFO AUG 2025)
HHSAR Provisions:
352.239-78 Information and [Communication] Technology Accessibility Notice (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/accessibilitychecklists/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, 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 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_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/accessibilitychecklists/index.html https://section508.gov/ 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 Products and Commercial Services (DEVIATION)(RFO Aug 2025) applies to this solicitation. The following addenda apply:
Offerors must submit a written Transition Plan as part of their proposal. The Transition Plan must demonstrate the Offeror's understanding of the complexity of transitioning approximately 275 compressed air and gas cylinders, associated bulk and microbulk systems, and dry ice supply in an active laboratory environment. The Transition Plan must describe the Offeror's approach for assuming responsibility for the compressed air, gases, and dry ice provision while ensuring uninterrupted operations at the Jefferson Laboratory Campus (JLC). The plan shall address, at a minimum, the following:
Performance Requirements - Offerors must provide sufficient performance information necessary for the government to conclusively determine that the offered service/equipment/product meets all requirements herein, to include descriptive material, literature, brochures and other information corresponding to each requirement which demonstrates the capabilities of the offered system.
Transition Plan - Offerors must submit a written Transition Plan as part of their proposal. The Transition Plan must demonstrate the Offeror's understanding of the complexity of transitioning approximately 275 compressed air and gas cylinders, associated bulk and microbulk systems, and dry ice supply in an active laboratory environment. The Transition Plan must describe the Offeror's approach for assuming responsibility for the compressed air, gases, and dry ice provision while ensuring uninterrupted operations at the Jefferson Laboratory Campus (JLC).
Price - The price(s) proposed must be detailed and must represent the offeror’s response to the schedule of supplies/services above.
Unique Entity Identifier (UEI):
To be considered for an award the offeror must be registered and active in SAM (www.sam.gov) by the date and time set forth for receipt of quotes/proposals and must include their SAM Unique Entity ID (UEI) with the quotation.
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 https://section508.gov/ http://www.sam.gov/ 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.
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.
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. If the respondent does not provide a response for a line item, or if the respondent’s SAM.gov online representation for FAR provision 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate, is not completed or is unclear, the Government will presume that the item is made in America.
Line Item No. Country of Origin
Small Business Subcontracting Plan In accordance with FAR 19.704 and FAR Clause 52.219-9, the submission of a subcontracting plan by other than small business offeror(s) is a requirement as a part of the proposal submission process and is to be submitted separately from the technical and cost proposals. An offeror’s subcontracting plan must be determined to be acceptable by the Contracting Officer prior to the award of a http://www.itic.org/policy/accessibility contract. An offeror is to submit their respective subcontracting plan electronically using the U.S.
Department of Health and Human Services (HHS) Small Business Customer Experience (SBCX) system at https://osdbu.hhs.gov/subcontracting/4fc0310a-ccb7-453a-b32f-fa8c9c4f972e.
The offeror shall follow the instructions outlined in the SBCX Industry Guide (https://sbcm-acqtools.s3.amazonaws.com/SBCX+Industry+Subcontracting+Guide.pdf) to successfully submit their subcontracting plan by the proposal submission deadline.
The official point of receipt for determining timely submission of an offeror’s subcontracting plan is the SBCX system and/or email notification. Once the subcontracting plan is successfully submitted in the SBCX system the offeror should receive an email notification and confirmation message of completion upon submission.
If an offeror’s subcontracting plan is not confirmed as received within the SBCX system by the proposal submission date specified in the solicitation, it will be considered late. Disposition of late submittals of a subcontracting plan by an offeror via the SBCX system is at the discretion of the Contracting Officer.
Failure to submit and subsequently negotiate an acceptable subcontracting plan within the time specified by the Contracting Officer (CO) when the CO notifies the apparently successful offeror(s) of issues or concerns with the subcontracting plan will render the offeror(s) ineligible for award, (notwithstanding any other decision made from the above-listed criteria). The resulting subcontracting plan will be made as part of the resulting contract and the Contractor shall comply with the reporting requirements of FAR Clause 52.219-9(l). Negotiating an acceptable subcontracting plan is part of the government’s determination of a contractor’s “responsibility” and does not require the government to open negotiations with all offerors.
Small business concerns are exempt from the small business subcontracting plan submission requirement.
Period of Acceptance of Offers:
The offeror agrees to hold the prices in its quote firm through September 30, 2026.
The provision at 52.212-2 Evaluation—Commercial Products and Commercial Services (DEVIATION) (RFO AUG 2025) is applicable to this solicitation.
The Government intends to award a firm‐fixed‐price IDIQ contract resulting from this solicitation to the responsible offeror whose offer is conforming to the solicitation and offers the best value to the Government. How well the proposed meets or exceeds the Government’s requirements is more important than price in determining the best value to the Government though price remains a significant consideration.
The Government will evaluate the feasibility, completeness, and risk mitigation measures described in the Transition Plan as part of the overall evaluation.
The following subparagraph (a) factors apply:
(i) Performance Requirements https://osdbu.hhs.gov/subcontracting/4fc0310a-ccb7-453a-b32f-fa8c9c4f972e https://sbcm-acqtools.s3.amazonaws.com/SBCX+Industry+Subcontracting+Guide.pdf
(ii) Transition Plan
(iii) Price
Technical Acceptability will be determined by reviewing information submitted by the offeror who must provide sufficient descriptive material to demonstrate the proposed meet all requirements and by addressing each performance requirement as stated above for the Government to conclusively determine the proposed will satisfy its requirement.
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.
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