RFQ 36C24525Q0366 DC VAMC .pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

36C24525Q0366 03-31-2025

RYAN SINGLETARY 202-745-8000 04-16-2025

12 PM EST

Department of Veterans Affairs

VAMC(688)

50 Irving Street NW Washington DC 20422

X 100

X

325120

1200 Employees

N/A

X

VAMC Washington DC Warehouse

Washington, DC 20422

VAMC(688)

Washington DC 20422

PAYMENT WILL BE MADE BY

FSC e-Invoice Payment Invoice must be submitted electronically http://www.fsc.va.gov/einvoice.asp Invoice Setup Information 1-877-489-6135

See CONTINUATION Page

See CONTINUATION Page

X X

Ryan Singletary Contracting Officer

This is a solicitation for medical gas and cylinder rental for the Department of Veterans Affairs Washington DC Medical Center. This is a total service-disabled veteran owned business set-aside. Please see quote requirements in section “QUOTE PREPARATION” starting on page 51.

This Request for Quotation will close on April 16, 2025 at 12:00PM EST. Vendor questions are due by April 9, 2025 at 12:00 PM EST. Please send any and all quotation submissions and questions to Ryan Singletary ryan.singletary@va.gov

To request a site visit please email ryan.singletary@va.gov by April 8, 2025 at 12:00PM EST.

mailto:ryan.singletary@va.gov mailto:ryan.singletary@va.gov

36C24525Q0366

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF WORK

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2023)

C.2 52.216-18 ORDERING (AUG 2020)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.5 52.225-1 BUY AMERICAN—SUPPLIES (OCT 2022)

C.6 52.225-2 BUY AMERICAN CERTIFICATE (OCT 2022)

C.7 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

C.8 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023)

C.9 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

C.10 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (JAN 2023)

(DEVIATION)

C.11 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2018)

C.12 VAAR 852.237-75 KEY PERSONNEL (OCT 2019)

C.13 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) . 36

C.14 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

C.15 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

C.16 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.17 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (MAR 2023)

C.18 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN

1997)

C.19 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2024)

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

E.2 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.3 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

E.4 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.5 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

E.6 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.7 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.8 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.9 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR: TBD

b. GOVERNMENT: Department of Veterans Affairs

VAMC (688)

50 Irving Street NW Washington DC 20422 Ryan Singletary Ryan.Singletary@va.gov

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

[] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[X] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly in Arrears

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO DATE

mailto:Ryan.Singletary@va.gov

B.2 STATEMENT OF WORK

Medical Grade Cylinder Gases

1. BACKGROUND

The Washington DC VA Medical Center (VAMC) intends to secure a vendor who can provide rental of medical grade cylinders and the supply of medical gases. The DC VAMC serves a patient population with multiple risk factors as wells as clinical procedures that requires medical gases during and after procedures.

2. SCOPE

The overall scope of services is for various medical grade cylinders and medical gas supply systems, and to provide medical gases as needed to the medical center.

2.1. The purpose of this solicitation is to establish an indefinite delivery indefinite quantity (IDIQ) contract for medical cylinder gases utilized at the Washington, DC VA Medical Center (DCVAMC) throughout the Veterans Integrated Service Network (VISN) 5. The gases to be purchased include, but are not limited to compressed Medical Air USP, Oxygen USP, Carbon Dioxide USP, Nitrogen NF, Nitrous Oxide USP, Helium USP, and specialty medical gas mixtures.

2.2. This requirement will be set aside for Small Business concern under NAICS code 325120 and will be evaluated based on Lowest Price Technically Acceptable.

2.3. The quantities shown in the Price/Cost Schedule are estimates of the DC

VAMC’s annual requirements. There is no express or implied guarantee that these quantities will be purchased.

3. SCHEDULE OF SUPPLIES/SERVICES

Contractor shall provide all equipment, labor, materials: to include tools and parts, transportation, supervision and disposal necessary to distribute and supply medical-grade liquid bulk oxygen. This includes all contractor-owned cylinders.

4. PERIOD OF PERFORMANCE

May 13, 2025 – May 12, 2030

This will be a five-year (5) IDIQ contract.

- Pricing Period One - 05/13/2025 to 05/12/2026

- Pricing Period Two - 05/13/2026 to 05/12/2027

- Pricing Period Three - 05/13/2027 to 05/12/2028

- Pricing Period Four - 05/13/2028 to 05/12/2029

- Pricing Period Five - 05/13/2029 to 05/12/2030

5. CONTRACT VALUES:

The quantities shown in the price cost schedule are estimates of the facility’s annual requirements. There is no express or implied guarantee that these quantities will be purchased.

6. DELIVERY OF MEDICAL CYLINDER GASES

6.1. Cylinder Gases are ordered by and delivered to the DCVAMC.

6.2. The contractor shall deliver medical-grade cylinder gases within the time-frame specified in the statement of work for each facility. The time-frame identified is the number of calendar days after the Government places the order. If the time frame for contractor delivery is not identified in the facility requirements, the contractor must provide 24-hour notice prior to delivery or upon agreement between the facility and contractor, alternate ordering/delivery methods such as pre-scheduled deliveries, calling for tank level readings, installing a telemetry unit, etc. may be arranged. If the contractor is unable to deliver at the agreed upon day or time, then the contractor will provide 24-hour notice to the Contracting Officer Representative (COR), to allow the facility to initiate an alternate backup action.

In accordance with VHA Patient Safety Alert, all deliveries must be monitored by a qualified and trained technical representative that will be designated by each facility. Contractor will be provided with names and contact information of primary and back-up facility COR’s immediately after award of this contract.

This applies to all deliveries regardless of time or day of execution.

6.3. Cylinders will be replaced with cylinders filled to maximum functional capacity at each delivery unless otherwise specified in the facility requirements or as agreed upon in a written document signed and dated by the COR.

6.4. At the time of each delivery, contractor must provide a legible signed and dated written document that identifies the type of cylinder returned, the type of cylinder delivered, and the quantity delivered. This document must be counter-signed by the facility representative supervising the delivery.

6.5. Emergency delivery will be provided within 24 hours after receipt of Government notification. Contractor must respond to the facility by telephone or email within one hour to confirm receipt of emergency notification to ascertain the nature of the emergency. Emergency status is determined by the Government when conditions warrant. Failure of the contractor to remain current with agreed delivery schedule and requirements does not constitute an “emergency” for purposes of charging an emergency delivery fee.

6.6. Existing cylinders will be replaced with cylinders filled to maximum functional capacity at each delivery unless otherwise specified in the facility requirements or as agreed upon in a written document signed and dated by the COR.

6.7. At the time of each delivery, contractor must provide a legible signed and dated written document that identifies the type of cylinder returned, the type of cylinder delivered, and the quantity delivered. This document must be counter-signed by the facility representative supervising the delivery.

6.8. The COR is responsible for local contract administration issues such as ordering and providing specific delivery instructions. A letter of delegation that outlines the COR’s specific responsibilities will be provided to the contractor and COR at the time of contract award.

6.9. Within 15 days after notification of contract award, the contractor shall meet with the COR to ensure mutual understanding of facility requirements relating to the ordering method and specific details of any delivery instructions that are included in the solicitation Schedule of Supplies and Services. The facility COR shall forward a written copy of the agreement signed by both parties to the Contracting Officer for incorporation into the contract by written modification within 30 days after contract award. If agreement cannot be reached between the contractor and COR regarding any issue that the COR has delegation from the CO to administer, then the matter shall be referred to the Contracting Officer for resolution.

6.10. Deliver cylinders to the warehouse and store in storage closets next to dock. Delivery Instructions: Delivery times 7:00am to 3:30pm, Monday through Friday. Driver must contact Logistics by phone at cylinder(s) location.

7. CONTRACTOR OWNED EQUIPMENT

7.1. All equipment and materials required to perform on the contract shall be provided by the contractor. Non-Government owned equipment shall be installed, inspected, inventoried, and maintained by the Contractor at the Contractor’s expense (i.e., all installation, inspection, inventory, and maintenance costs shall be included in the contract’s monthly equipment rental fee for the applicable facility.) Non-Government owned equipment shall be kept in good operating condition and appearance, in accordance with applicable regulations, standards and normal good practices. Contractor shall be provided reasonable access to all Medical Gases storage areas for this purpose.

7.2. Laws and Regulations: Cylinders and other containers for gaseous and liquid forms of gases shall comply with the Department of Transportation specifications and shall be maintained, filled, marked, labeled, and shipped to comply with current and subsequent updates to DOT regulations (Title 49-Transportation, Code of Federal Regulations). Packaging, labeling, etc., for medical gases shall also comply with the Federal Food, Drug, and Cosmetic Act.

7.3. Marking: Marking shall comply with American National Standards Z48.1-1954 (R

1971), “Method of Marking Portable Compressed Gas Containers to Identify the Material Contained."

7.4. All unauthorized or inapplicable markings, tags, and labels shall be removed.

When shipment is by commercial carrier, shipping tags complying with Federal Standard 123F shall be attached to each cylinder and protected by the valve protection cap. The contract data markings required by the applicable standard shall be applied to one side of the tag and the identification markings on the reverse side. Consignee markings may be omitted when shipment is by contractor vehicle.

7.5. Valves: Valves shall comply with Compressed Gas Associates Standard CGA-V-

1, "Standard for Compressed Gas Cylinder Valve Outlet and Inlet Connections."

Valve protection caps for cylinders designed to receive such caps shall be securely attached to the cylinders in a manner to protect the valves from injury during transit and delivery to the purchaser's receiving area.

7.6. Color Coding: All cylinders shall be color coded in accordance with the

Compressed Gas Association Pamphlet CGA C-9-1988, “Standard Color Marking of Compressed Gas Containers Intended for Medical Use.”

7.7. The contractor shall be responsible for all testing required by regulation of contractor owned cylinders at no additional cost to the Government.

7.8. The contractor’s price for the oxygen shall include the furnishing of, at no additional cost, all services which are required at every filling of a cylinder to comply with applicable regulations, specifications, and normal operational practices. Such services are of the type normally provided in the supply of medical cylinder gases, and shall include, but not be limited to: tags indicating cylinder is "Full," In Use," or "Empty"; inspection, testing, evaluation, and cleaning services required at every filling; pin-indexing, when required, and attachment of Government-furnished warning tags, when required. Attaching of oxygen cylinders to manifold systems, when required, shall also be performed by the contractor at no additional cost. In addition to services listed in this paragraph, the contractor is responsible for all maintenance and testing of contractor-owned cylinders.

8. INSTALLATION OF NON-GOVERNMENT OWNED EQUIPMENT

8.1. Unless otherwise directed by the using facility, non-government owned equipment shall be installed by the effective date of the contract. No Exceptions;

provided: If the Contractor’s equipment replaces equipment already in use, the Contractor shall be allowed a maximum of ninety days after receipt of notice of award to complete installation. the exchange of equipment shall be accomplished without interruption of gas supply to the using facility.

8.2. If Contractor Subcontracts to vendor currently servicing facility and no exchange of equipment applies, it will be the sole responsibility of the Contractor to inventory such equipment. Contractor/Subcontractor installed equipment shall remain the property of the Contractor/Subcontractor and shall be removed upon termination of the contract, when directed by the ordering facility and in full cooperation with the succeeding Contractor to avoid interruption of gas supply.

8.3. To permit orderly transition from one Contractor to another, the Contractor shall continue to honor the contract’s monthly equipment rental fee and Medical Gases contract price for a maximum of ninety days beyond the scheduled expiration of the contract period, unless transition from one Contractor to another is completed prior to the ninety-day transition period. For any partial month, the Contractor shall prorate the monthly equipment rental fee accordingly. The Contractor shall continue to provide and maintain its equipment during this transition period.

8.4. No guarantee is given or implied that data included in the Schedule of Supplies and Services regarding Non-Government owned equipment currently located at the facilities is complete and accurate as to the factors affecting the cost of furnishing and installing the required Non-Government owned tanks and appurtenances. Offerors are strongly encouraged to visit the facility site prior to submitting a quote and take other steps as may be reasonably necessary to ascertain the nature and location of the work, and the general and local conditions which can affect the work or the cost thereof.

To set up a site visit please contact the contracting officer by email ryan.singletary@va.gov by April 8, 2025 at 2:00PM EST. Failure to do so shall not relieve offerors from the responsibility of estimating properly the difficulty and cost of successfully performing the work.

9. QUALITY ASSURANCE SPECIFICATIONS AND REQUIREMENTS

9.1. All medical gas manufacturers and fillers of medical gases must be registered with the FDA as drug manufacturers. All oxygen shall be manufactured, processed, packed, transported, and stored according to FDA’s Current Good Manufacturing Practices (CGMP) regulations, and all labeling shall comply with FDA’s labeling regulations.

9.2. All cylinder gases delivered under the contract shall be medical-grade and shall meet or exceed the standards cited in the current edition of the United States Pharmacopoeia/National Formulary (U.S.P.).

9.3. A valid certificate of analysis shall be provided with each delivery of cylinder gases. The certificate shall include, at a minimum:

a) Supplier’s name and complete address

b) Name of the Product (i.e. Oxygen U.S.P.)

c) An Air Liquefaction Statement where appropriate

d) Lot number or other unique identification number

e) Actual analytical results for full U.S.P. monograph testing. (A statement

a. that only states that the product meets the minimum purity of 99.5%, etc. is not acceptable.)

f) Test method used to perform the analysis. (A statement such as “Meets

a. U.S.P. specifications” is not acceptable; nor would “Tested via

b. Servomex” be acceptable since the specific model number is not

c. provided.)

g) Signature of authorized supplier representative and date.

9.4. Material Safety Data Sheets shall be provided to the facility COR.

9.5. A copy of all inspection reports shall be provided to the facility COR.

9.6. All contractor owned equipment shall be maintained or repaired in accordance with NFPA 55: Standard for the Storage, Use, and Handling of Compressed Gases and Cryogenic Fluids in Portable and Stationary Containers, Cylinders, and Tanks and FDA’s Current Good Manufacturing Practices (CGMP) Regulations.

10. APPLICABLE REGULATIONS AND STANDARDS

The following is a list of some of the regulations and standards that are applicable to this contract. The list is not comprehensive, and the contractor is responsible for ensuring that all products, equipment and services provided under the contract are in compliance with applicable Federal, state, and local regulations. If applicable, the editions in effect as of the date of this solicitation are listed. Contractor is responsible for remaining compliant with any future revisions that are effective at the time of contract performance.

Title 21, Code of Federal Regulations, Parts 210 & 211 - CGMP regulations for supplying medical grade oxygen.

49 CFR – Transportation

Federal Food, Drug, and Cosmetic Act

NFPA 55: Standard for the Storage, Use, and Handling of Compressed Gases and Cryogenic Fluids in Portable and Stationary Containers, Cylinders, and Tanks

NFPA 99: Standard for Health Care Facilities

U.S.P. 23

11. PLACE OF DELIVERY:

Washington DC VA Medical Center, 50 Irving St NW, Washington, DC 20422

12. PERFORMANCE MONITORING:

The COR will monitor and evaluate Contractor’s performance as well as invoicing proficiency on a quarterly basis to ensure that Contractor’s performance and invoicing is in accordance with the contract. The COR will also notify the Contracting Officer immediately if there is any major issue(s) that arises affecting the performance of the contract.

13. LIABILITY INSURANCE REQUIREMENT

The contractor shall maintain liability insurance in the amount $1 million per occurrence and shall provide an annual Certificate of Liability to the VA. Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. Contractor will adhere to all local, state, and federal regulations involving compressed gases and show evidence before commencing work under this contract.

14. LICENSING, AUTHORIZATION AND SELLING PERMISSIONS

If the contractor is the manufacturer of the medical grade bulk oxygen being supplied under this contract, it shall annually provide verification that it holds current licensing, permits, certifications or registrations required by the FDA and the states in which this contract is performed.

If the contractor is not the manufacturer of the medical grade oxygen being supplied under this contract, the contractor shall annually provide verification that the manufacturer from which it obtains the medical grade bulk oxygen provided to VA under this contract holds current licensing, permits, certifications or registrations required by the FDA and the states in which this contract is performed. In addition, the contractor shall provide annual updates to any agreements it has with the medical-grade oxygen manufacturer affirmatively demonstrating that the contractor has authorization by the manufacturer to resell the oxygen the contractor is providing under this contract. In the event of a change in manufacturer, the contractor shall provide advance notice to the VA prior to the change taking place and shall provide copies of the new medical-grade oxygen manufacturer’s current licenses, permits, certifications or registrations required by the FDA and the states in which this contract is performed. The contractor shall also provide a copy of its agreement with the new manufacturer demonstrating that the contractor has authorization by the manufacturer to resell the oxygen the contractor intends to provide under this contract.

Throughout the term of this contract, contractor shall maintain all federal, state, and local licenses applicable to the contractor as well as any required FDA certifications.

B.3 PRICE/COST SCHEDULE

The guaranteed minimum amount is $2,000.00 and the contract ceiling amount is $600,000.00.

ITEM INFORMATION

Pricing Period One - 05/13/2025 to 05/12/2026

ITEM

NUMBER PART NUMBER DESCRIPTION UNIT PRICE

1 AR 4.8-6K ARGON HP GR 4.8, SIZE 6K-6100 CY

MONTHLY CYL RENTAL - ARGON, SIZE 6K - HIGH

PRESSURE CY

3 CD M-50 CARBON DIOXIDE USP, 50LBS CGA CY

4 MONTHLY CYL RENTAL - CARBON DIOXIDE 50LBS CY

5 CD M-E CARBON DIOXIDE USP, SIZE E CGA CY

6 MONTHLY CYL RENTAL - CARBON DIOXIDE, SIZE E CY

7 CD M-AE CARBON DIOXIDE USP, SIZE EA CGA CY

MONTHLY CYL RENTAL - CARBON DIOXIDE, SIZE EA

(ALUMINUM) CY

9 HE M-AB HELIUM USP, SIZE M4 CGA 930SEE CY

10 MONTHLY CYL RENTAL - HELIUM, SIZE M4 CY

11 HE 5.0UH-K HELIUM UHP GR 5.0, SIZE 6K CY

MONTHLY CYL RENTAL - HELIUM, SIZE 6K - HIGH

PRESSURE CY

13 NI M-K NITROGEN NF, SIZE 210 CGA 580 CY

14 MONTHLY CYL RENTAL - NITROGEN, SIZE 200 CY

15 NS M-56 NITROUS OXIDE USP, 56LBS CGA 326 CY

16 MONTHLY CYL RENTAL - NITROUS OXIDE 56LBS CY

17 NS M-E NITROUS OXIDE USP, SIZE E CGA CY

18 MONTHLY CYL RENTAL - NITROUS OXIDE, SIZE E CY

19 OX K OXYGEN INDUSTRIAL, SIZE 210 CGA CY

20 MONTHLY CYL RENTAL - OXYGEN INDUSTRIAL CY

21 OX M-M OXYGEN USP, SIZE 125 CGA 540 CY

22 MONTHLY CYL RENTAL - OXYGEN, SIZE 125 CY

23 OX M-K OXYGEN USP, SIZE 210 CGA 540 CY

24 MONTHLY CYL RENTAL - OXYGEN, SIZE 200 CY

25 OX M-AD OXYGEN USP, SIZE D CGA 870 CY

26 MONTHLY CYL RENTAL - OXYGEN, SIZE D CY

27 OX M-AE OXYGEN USP, SIZE E CGA 870 CY

28 MONTHLY CYL RENTAL - OXYGEN, SIZE E CY

29 OX M-AEGNGOPTI

OX M-AEGNGOPTIOXYGEN USP, SIZE EA WITH WALK-

O2-BOUT REG/DISS INTEGRATED VALVE/REGULATOR CY

MONTHLY CYL RENTAL - OXYGEN, SIZE E (WALK-O2-

BOUT) DISS INTEGRATED VALVE/REGULATOR CY

31 EMERGENCY DEL

EMERGENCY DELEMERGENCY DELIVERY FEE -

CUSTOMER APPROVED CY

32 HE 4.5-6K HELIUM; ULTRA HIGH PURITY 99.995% PURE 6000 PSI CY

33 MONTHLY CYL RENTAL - HE 4.5-6K CY

34 PR 33 PROPANE 7.3GA, LIQUIFIED PETROLEUM GAS CY

35 MONTHLY CYL RENTAL - PR 33 CY

36 LD ME1C-AT LUNG DIFF: .3% CO/ .3% CH4/ 21% O2/ BAL N2, SIZE T CY

37 MONTHLY CYL RENTAL - LD ME1C-AT CY

38 OX M-ADGNGOPTI

OXYGEN USP, SIZE D (ALUMINUM) WITH WALK-O2-

BOUT REG/DISS INTEGRATED VALVE/REGULATOR CY

39 MONTHLY CYL RENTAL - OX M-ADGNGOPTI CY

40 NS M-20 NITROUS OXIDE USP, SIZE 20LB CY

41 MONTHLY CYL RENTAL - NS M-20 CY

42 AR 4.8-G

PREPURIFIED GRADE ARGON, SIZE 35 HIGH PRESSURE

STEEL CGA 580 CY

43 MONTHLY CYL RENTAL- AR 4.8G CY

44 LOSS OF USE CY

Pricing Period Two - 05/13/2026 to 05/12/2027

MONTHLY CYL RENTAL - ARGON, SIZE 6K - HIGH

PRESSURE CY

3 CD M-50 CARBON DIOXIDE USP, 50LBS CGA CY

4 MONTHLY CYL RENTAL - CARBON DIOXIDE 50LBS CY

5 CD M-E CARBON DIOXIDE USP, SIZE E CGA CY

6 MONTHLY CYL RENTAL - CARBON DIOXIDE, SIZE E CY

7 CD M-AE CARBON DIOXIDE USP, SIZE EA CGA CY

MONTHLY CYL RENTAL - CARBON DIOXIDE, SIZE EA

(ALUMINUM) CY

9 HE M-AB HELIUM USP, SIZE M4 CGA 930SEE CY

10 MONTHLY CYL RENTAL - HELIUM, SIZE M4 CY

11 HE 5.0UH-K HELIUM UHP GR 5.0, SIZE 6K CY

MONTHLY CYL RENTAL - HELIUM, SIZE 6K - HIGH

PRESSURE CY

13 NI M-K NITROGEN NF, SIZE 210 CGA 580 CY

14 MONTHLY CYL RENTAL - NITROGEN, SIZE 200 CY

15 NS M-56 NITROUS OXIDE USP, 56LBS CGA 326 CY

16 MONTHLY CYL RENTAL - NITROUS OXIDE 56LBS CY

17 NS M-E NITROUS OXIDE USP, SIZE E CGA CY

18 MONTHLY CYL RENTAL - NITROUS OXIDE, SIZE E CY

19 OX K OXYGEN INDUSTRIAL, SIZE 210 CGA CY

20 MONTHLY CYL RENTAL - OXYGEN INDUSTRIAL CY

21 OX M-M OXYGEN USP, SIZE 125 CGA 540 CY

22 MONTHLY CYL RENTAL - OXYGEN, SIZE 125 CY

23 OX M-K OXYGEN USP, SIZE 210 CGA 540 CY

24 MONTHLY CYL RENTAL - OXYGEN, SIZE 200 CY

25 OX M-AD OXYGEN USP, SIZE D CGA 870 CY

26 MONTHLY CYL RENTAL - OXYGEN, SIZE D CY

27 OX M-AE OXYGEN USP, SIZE E CGA 870 CY

28 MONTHLY CYL RENTAL - OXYGEN, SIZE E CY

29 OX M-AEGNGOPTI

OX M-AEGNGOPTIOXYGEN USP, SIZE EA WITH WALK-

O2-BOUT REG/DISS INTEGRATED VALVE/REGULATOR CY

MONTHLY CYL RENTAL - OXYGEN, SIZE E (WALK-O2-

BOUT) DISS INTEGRATED VALVE/REGULATOR CY

31 EMERGENCY DEL

EMERGENCY DELEMERGENCY DELIVERY FEE -

CUSTOMER APPROVED CY

32 HE 4.5-6K HELIUM; ULTRA HIGH PURITY 99.995% PURE 6000 PSI CY

33 MONTHLY CYL RENTAL - HE 4.5-6K CY

34 PR 33 PROPANE 7.3GA, LIQUIFIED PETROLEUM GAS CY

35 MONTHLY CYL RENTAL - PR 33 CY

36 LD ME1C-AT LUNG DIFF: .3% CO/ .3% CH4/ 21% O2/ BAL N2, SIZE T CY

37 MONTHLY CYL RENTAL - LD ME1C-AT CY

38 OX M-ADGNGOPTI

OXYGEN USP, SIZE D (ALUMINUM) WITH WALK-O2-

BOUT REG/DISS INTEGRATED VALVE/REGULATOR CY

39 MONTHLY CYL RENTAL - OX M-ADGNGOPTI CY

40 NS M-20 NITROUS OXIDE USP, SIZE 20LB CY

41 MONTHLY CYL RENTAL - NS M-20 CY

42 AR 4.8-G

PREPURIFIED GRADE ARGON, SIZE 35 HIGH PRESSURE

STEEL CGA 580 CY

Pricing Period Three - 05/13/2027 to 05/12/2028

MONTHLY CYL RENTAL - ARGON, SIZE 6K - HIGH

PRESSURE CY

3 CD M-50 CARBON DIOXIDE USP, 50LBS CGA CY

4 MONTHLY CYL RENTAL - CARBON DIOXIDE 50LBS CY

5 CD M-E CARBON DIOXIDE USP, SIZE E CGA CY

6 MONTHLY CYL RENTAL - CARBON DIOXIDE, SIZE E CY

7 CD M-AE CARBON DIOXIDE USP, SIZE EA CGA CY

MONTHLY CYL RENTAL - CARBON DIOXIDE, SIZE EA

(ALUMINUM) CY

9 HE M-AB HELIUM USP, SIZE M4 CGA 930SEE CY

10 MONTHLY CYL RENTAL - HELIUM, SIZE M4 CY

11 HE 5.0UH-K HELIUM UHP GR 5.0, SIZE 6K CY

MONTHLY CYL RENTAL - HELIUM, SIZE 6K - HIGH

PRESSURE CY

13 NI M-K NITROGEN NF, SIZE 210 CGA 580 CY

14 MONTHLY CYL RENTAL - NITROGEN, SIZE 200 CY

15 NS M-56 NITROUS OXIDE USP, 56LBS CGA 326 CY

16 MONTHLY CYL RENTAL - NITROUS OXIDE 56LBS CY

17 NS M-E NITROUS OXIDE USP, SIZE E CGA CY

18 MONTHLY CYL RENTAL - NITROUS OXIDE, SIZE E CY

19 OX K OXYGEN INDUSTRIAL, SIZE 210 CGA CY

20 MONTHLY CYL RENTAL - OXYGEN INDUSTRIAL CY

21 OX M-M OXYGEN USP, SIZE 125 CGA 540 CY

22 MONTHLY CYL RENTAL - OXYGEN, SIZE 125 CY

23 OX M-K OXYGEN USP, SIZE 210 CGA 540 CY

24 MONTHLY CYL RENTAL - OXYGEN, SIZE 200 CY

25 OX M-AD OXYGEN USP, SIZE D CGA 870 CY

26 MONTHLY CYL RENTAL - OXYGEN, SIZE D CY

27 OX M-AE OXYGEN USP, SIZE E CGA 870 CY

28 MONTHLY CYL RENTAL - OXYGEN, SIZE E CY

29 OX M-AEGNGOPTI

OX M-AEGNGOPTIOXYGEN USP, SIZE EA WITH WALK-

O2-BOUT REG/DISS INTEGRATED VALVE/REGULATOR CY

MONTHLY CYL RENTAL - OXYGEN, SIZE E (WALK-O2-

BOUT) DISS INTEGRATED VALVE/REGULATOR CY

31 EMERGENCY DEL

EMERGENCY DELEMERGENCY DELIVERY FEE -

CUSTOMER APPROVED CY

32 HE 4.5-6K HELIUM; ULTRA HIGH PURITY 99.995% PURE 6000 PSI CY

33 MONTHLY CYL RENTAL - HE 4.5-6K CY

34 PR 33 PROPANE 7.3GA, LIQUIFIED PETROLEUM GAS CY

35 MONTHLY CYL RENTAL - PR 33 CY

36 LD ME1C-AT LUNG DIFF: .3% CO/ .3% CH4/ 21% O2/ BAL N2, SIZE T CY

37 MONTHLY CYL RENTAL - LD ME1C-AT CY

38 OX M-ADGNGOPTI

OXYGEN USP, SIZE D (ALUMINUM) WITH WALK-O2-

BOUT REG/DISS INTEGRATED VALVE/REGULATOR CY

39 MONTHLY CYL RENTAL - OX M-ADGNGOPTI CY

40 NS M-20 NITROUS OXIDE USP, SIZE 20LB CY

41 MONTHLY CYL RENTAL - NS M-20 CY

42 AR 4.8-G

PREPURIFIED GRADE ARGON, SIZE 35 HIGH PRESSURE

STEEL CGA 580 CY

Pricing Period Four - 05/13/2028 to 05/12/2029

MONTHLY CYL RENTAL - ARGON, SIZE 6K - HIGH

PRESSURE CY

3 CD M-50 CARBON DIOXIDE USP, 50LBS CGA CY

4 MONTHLY CYL RENTAL - CARBON DIOXIDE 50LBS CY

5 CD M-E CARBON DIOXIDE USP, SIZE E CGA CY

6 MONTHLY CYL RENTAL - CARBON DIOXIDE, SIZE E CY

7 CD M-AE CARBON DIOXIDE USP, SIZE EA CGA CY

MONTHLY CYL RENTAL - CARBON DIOXIDE, SIZE EA

(ALUMINUM) CY

9 HE M-AB HELIUM USP, SIZE M4 CGA 930SEE CY

10 MONTHLY CYL RENTAL - HELIUM, SIZE M4 CY

11 HE 5.0UH-K HELIUM UHP GR 5.0, SIZE 6K CY

MONTHLY CYL RENTAL - HELIUM, SIZE 6K - HIGH

PRESSURE CY

13 NI M-K NITROGEN NF, SIZE 210 CGA 580 CY

14 MONTHLY CYL RENTAL - NITROGEN, SIZE 200 CY

15 NS M-56 NITROUS OXIDE USP, 56LBS CGA 326 CY

16 MONTHLY CYL RENTAL - NITROUS OXIDE 56LBS CY

17 NS M-E NITROUS OXIDE USP, SIZE E CGA CY

18 MONTHLY CYL RENTAL - NITROUS OXIDE, SIZE E CY

19 OX K OXYGEN INDUSTRIAL, SIZE 210 CGA CY

20 MONTHLY CYL RENTAL - OXYGEN INDUSTRIAL CY

21 OX M-M OXYGEN USP, SIZE 125 CGA 540 CY

22 MONTHLY CYL RENTAL - OXYGEN, SIZE 125 CY

23 OX M-K OXYGEN USP, SIZE 210 CGA 540 CY

24 MONTHLY CYL RENTAL - OXYGEN, SIZE 200 CY

25 OX M-AD OXYGEN USP, SIZE D CGA 870 CY

26 MONTHLY CYL RENTAL - OXYGEN, SIZE D CY

27 OX M-AE OXYGEN USP, SIZE E CGA 870 CY

28 MONTHLY CYL RENTAL - OXYGEN, SIZE E CY

29 OX M-AEGNGOPTI

OX M-AEGNGOPTIOXYGEN USP, SIZE EA WITH WALK-

O2-BOUT REG/DISS INTEGRATED VALVE/REGULATOR CY

MONTHLY CYL RENTAL - OXYGEN, SIZE E (WALK-O2-

BOUT) DISS INTEGRATED VALVE/REGULATOR CY

31 EMERGENCY DEL

EMERGENCY DELEMERGENCY DELIVERY FEE -

CUSTOMER APPROVED CY

32 HE 4.5-6K HELIUM; ULTRA HIGH PURITY 99.995% PURE 6000 PSI CY

33 MONTHLY CYL RENTAL - HE 4.5-6K CY

34 PR 33 PROPANE 7.3GA, LIQUIFIED PETROLEUM GAS CY

35 MONTHLY CYL RENTAL - PR 33 CY

36 LD ME1C-AT LUNG DIFF: .3% CO/ .3% CH4/ 21% O2/ BAL N2, SIZE T CY

37 MONTHLY CYL RENTAL - LD ME1C-AT CY

38 OX M-ADGNGOPTI

OXYGEN USP, SIZE D (ALUMINUM) WITH WALK-O2-

BOUT REG/DISS INTEGRATED VALVE/REGULATOR CY

39 MONTHLY CYL RENTAL - OX M-ADGNGOPTI CY

40 NS M-20 NITROUS OXIDE USP, SIZE 20LB CY

41 MONTHLY CYL RENTAL - NS M-20 CY

42 AR 4.8-G

PREPURIFIED GRADE ARGON, SIZE 35 HIGH PRESSURE

STEEL CGA 580 CY

Pricing Period Five - 05/13/2029 to 05/12/2030

MONTHLY CYL RENTAL - ARGON, SIZE 6K - HIGH

PRESSURE CY

3 CD M-50 CARBON DIOXIDE USP, 50LBS CGA CY

4 MONTHLY CYL RENTAL - CARBON DIOXIDE 50LBS CY

5 CD M-E CARBON DIOXIDE USP, SIZE E CGA CY

6 MONTHLY CYL RENTAL - CARBON DIOXIDE, SIZE E CY

7 CD M-AE CARBON DIOXIDE USP, SIZE EA CGA CY

MONTHLY CYL RENTAL - CARBON DIOXIDE, SIZE EA

(ALUMINUM) CY

9 HE M-AB HELIUM USP, SIZE M4 CGA 930SEE CY

10 MONTHLY CYL RENTAL - HELIUM, SIZE M4 CY

11 HE 5.0UH-K HELIUM UHP GR 5.0, SIZE 6K CY

MONTHLY CYL RENTAL - HELIUM, SIZE 6K - HIGH

PRESSURE CY

13 NI M-K NITROGEN NF, SIZE 210 CGA 580 CY

14 MONTHLY CYL RENTAL - NITROGEN, SIZE 200 CY

15 NS M-56 NITROUS OXIDE USP, 56LBS CGA 326 CY

16 MONTHLY CYL RENTAL - NITROUS OXIDE 56LBS CY

17 NS M-E NITROUS OXIDE USP, SIZE E CGA CY

18 MONTHLY CYL RENTAL - NITROUS OXIDE, SIZE E CY

19 OX K OXYGEN INDUSTRIAL, SIZE 210 CGA CY

20 MONTHLY CYL RENTAL - OXYGEN INDUSTRIAL CY

21 OX M-M OXYGEN USP, SIZE 125 CGA 540 CY

22 MONTHLY CYL RENTAL - OXYGEN, SIZE 125 CY

23 OX M-K OXYGEN USP, SIZE 210 CGA 540 CY

24 MONTHLY CYL RENTAL - OXYGEN, SIZE 200 CY

25 OX M-AD OXYGEN USP, SIZE D CGA 870 CY

26 MONTHLY CYL RENTAL - OXYGEN, SIZE D CY

27 OX M-AE OXYGEN USP, SIZE E CGA 870 CY

28 MONTHLY CYL RENTAL - OXYGEN, SIZE E CY

29 OX M-AEGNGOPTI

OX M-AEGNGOPTIOXYGEN USP, SIZE EA WITH WALK-

O2-BOUT REG/DISS INTEGRATED VALVE/REGULATOR CY

MONTHLY CYL RENTAL - OXYGEN, SIZE E (WALK-O2-

BOUT) DISS INTEGRATED VALVE/REGULATOR CY

31 EMERGENCY DEL

EMERGENCY DELEMERGENCY DELIVERY FEE -

CUSTOMER APPROVED CY

32 HE 4.5-6K HELIUM; ULTRA HIGH PURITY 99.995% PURE 6000 PSI CY

33 MONTHLY CYL RENTAL - HE 4.5-6K CY

34 PR 33 PROPANE 7.3GA, LIQUIFIED PETROLEUM GAS CY

35 MONTHLY CYL RENTAL - PR 33 CY

36 LD ME1C-AT LUNG DIFF: .3% CO/ .3% CH4/ 21% O2/ BAL N2, SIZE T CY

37 MONTHLY CYL RENTAL - LD ME1C-AT CY

38 OX M-ADGNGOPTI

OXYGEN USP, SIZE D (ALUMINUM) WITH WALK-O2-

BOUT REG/DISS INTEGRATED VALVE/REGULATOR CY

39 MONTHLY CYL RENTAL - OX M-ADGNGOPTI CY

40 NS M-20 NITROUS OXIDE USP, SIZE 20LB CY

41 MONTHLY CYL RENTAL - NS M-20 CY

42 AR 4.8-G

PREPURIFIED GRADE ARGON, SIZE 35 HIGH PRESSURE

STEEL CGA 580 CY

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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

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

and

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA,…