Sol_75H70625Q00166.pdf

75H70625Q00166

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

07/29/2025 IHS1512859

1 38

Wagner PHS Indian Hospital 111 Washington Ave NW Wagner SD 57380

Yankton-wagner Service Unit Multiple

605 384-4857JOHN ARCHAMBEAU

08/08/2025 1200 CT

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Firm Fixed-Price, Non-Personal Healthcare Service, Commerical Item, Purchase Order to provide Oxygen, Medical Gases and Cylinder Rentals for the Wagner IHS Healthcare Center.

Period of Performance: 09/01/2025 to 08/31/2030

1 POP: 09/01/2025 to 08/31/2026 5500 EA Base Year K Cylinder Rental

Delivery: 08/31/2026 Delivery Location Code: IHSWAGNER

WAGNER

111 WASHINGTON AVE NW

WAGNER SD 57380 US

Continued ...

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 38

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

75H70625Q00166

Period of Performance: 09/01/2025 to 08/31/2026

2 POP: 09/01/2025 to 08/31/2026 600 EA

Base Year

D Medical Cylinder rental

Delivery: 08/31/2026

Delivery Location Code: IHSWAGNER

WAGNER

110 WASHINGTON ST

WAGNER SD 57380 US

Period of Performance: 09/01/2025 to 08/31/2026

3 POP: 09/01/2025 to 08/31/2026 13000 EA

Base Year

E Medical Cylinder rental

Delivery: 08/31/2026

Delivery Location Code: IHSWAGNER

WAGNER

111 WASHINGTON AVE NW

WAGNER SD 57380 US

Period of Performance: 09/01/2025 to 08/31/2026

4 POP: 09/01/2025 to 08/31/2026 50 EA

Base Year

KMed oxygen compressed

Delivery: 08/31/2026

Delivery Location Code: IHSWAGNER

WAGNER

111 WASHINGTON AVE NW

WAGNER SD 57380 US

Period of Performance: 09/01/2025 to 08/31/2026

5 POP: 09/01/2025 to 08/31/2026 20 EA

Base Year

EMed Oxygen Compressed

Delivery: 08/31/2026

Delivery Location Code: IHSWAGNER

WAGNER

111 WASHINGTON AVE NW

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

3 38

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

75H70625Q00166

WAGNER SD 57380 US

Period of Performance: 09/01/2025 to 08/31/2026

6 POP: 09/01/2025 to 08/31/2026 15 EA

Base Year

Regular Gas Delivery charge

Delivery: 08/31/2026

Delivery Location Code: IHSWAGNER

WAGNER

111 WASHINGTON AVE NW

WAGNER SD 57380 US

Period of Performance: 09/01/2025 to 08/31/2026

7 POP: 09/01/2025 to 08/31/2026 10 EA

Base Year

Hazardous Material Charge

Delivery: 08/31/2026

Delivery Location Code: IHSWAGNER

WAGNER

111 WASHINGTON AVE NW

WAGNER SD 57380 US

Period of Performance: 09/01/2025 to 08/31/2026

8 POP: 09/01/2025 to 08/31/2026 8 EA

Base Year

PPG Lunghe-E Compressed Gas NOS CO2

Delivery: 08/31/2026

Delivery Location Code: IHSWAGNER

WAGNER

111 WASHINGTON AVE NW

WAGNER SD 57380 US

Period of Performance: 09/01/2025 to 08/31/2026

9 POP: 09/01/2025 to 08/31/2026 800 EA

Base Year

Rental Charge Specialty Gas

Delivery: 08/31/2026

Delivery Location Code: IHSWAGNER

WAGNER

4 38

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

75H70625Q00166

111 WASHINGTON AVE NW

WAGNER SD 57380 US

Period of Performance: 09/01/2025 to 08/31/2026

10 POP: 09/01/2025 to 08/31/2026 24 EA

Base Year

Admin Compliance Charge

Delivery: 08/31/2026

Delivery Location Code: IHSWAGNER

WAGNER

111 WASHINGTON AVE NW

WAGNER SD 57380 US

Period of Performance: 09/01/2025 to 08/31/2026

11 POP: 09/01/2025 to 08/31/2026 8 EA

Base Year

Specialty Gas Delivery charge

Delivery: 08/31/2026

Delivery Location Code: IHSWAGNER

WAGNER

111 WASHINGTON AVE NW

WAGNER SD 57380 US

Period of Performance: 09/01/2025 to 08/31/2026

12 POP: 09/01/2026 to 08/31/2027 5500 EA

Option Year One

K Cylinder Rental

Delivery: 08/31/2027

Delivery Location Code: IHSWAGNER

IHSWAGNER

111 WASHINGTON AVE NW

WAGNER SD 57380 US

Period of Performance: 09/01/2026 to 08/31/2027

13 POP: 09/01/2026 to 08/31/2027 600 EA

Option Year One

D Medical Cylinder Rental

Delivery: 08/31/2027

Delivery Location Code: IHSWAGNER

IHSWAGNER

111 WASHINGTON AVE NW

WAGNER SD 57380 US

5 38

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

75H70625Q00166

Period of Performance: 09/01/2026 to 08/31/2027

14 POP: 09/01/2026 to 08/31/2027 13000 EA

Option Year One

E Medical Cylinder Rental

Delivery: 08/31/2027

Delivery Location Code: IHSWAGNER

IHSWAGNER

111 WASHINGTON AVE NW

WAGNER SD 57380 US

Period of Performance: 09/01/2026 to 08/31/2027

15 POP: 09/01/2026 to 08/31/2027 50 EA

Option Year One

KMed Oxygen Compressed

Delivery: 08/31/2027

Delivery Location Code: IHSWAGNER

IHSWAGNER

111 WASHINGTON AVE NW

WAGNER SD 57380 US

Period of Performance: 09/01/2026 to 08/31/2027

16 POP: 09/01/2026 to 08/31/2027 20 EA

Option Year One

EMed Oxygen Compressed

Delivery: 08/31/2027

Delivery Location Code: IHSWAGNER

IHSWAGNER

111 WASHINGTON AVE NW

WAGNER SD 57380 US

Period of Performance: 09/01/2026 to 08/31/2027

17 POP: 09/01/2026 to 08/31/2027 15 EA

Option Year One

Regular Gas Delivery Charge

Delivery: 08/31/2027

Delivery Location Code: IHSWAGNER

IHSWAGNER

111 WASHINGTON AVE NEW

WAGNER SD 57380 US

Period of Performance: 09/01/2026 to 08/31/2027

18 POP: 09/01/2026 to 08/31/2027 10 EA

Option Year One

Hazardous Material Charge

Delivery: 08/31/2027

6 38

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

75H70625Q00166

Delivery Location Code: IHSWAGNER

IHSWAGNER

111 WASHINGTON AVE NW

WAGNER SD 57380 US

Period of Performance: 09/01/2026 to 08/31/2027

19 POP: 09/01/2026 to 08/31/2027 8 EA

Option Year One

PPG Lunghe-E Compressed Gas NOS CO2

Delivery: 08/31/2027

Delivery Location Code: IHSWAGNER

IHSWAGNER

111 WASHINGTON AVE NW

WAGNER SD 57380 US

Period of Performance: 09/01/2026 to 08/31/2027

20 POP: 09/01/2026 to 08/31/2027 800 EA

Option Year One

Rental Charge Specialty Gas

Delivery: 08/31/2027

Delivery Location Code: IHSWAGNER

IHSWAGNER

111 WASHINGTON AVE NW

WAGNER SD 57380 US

Period of Performance: 09/01/2026 to 08/31/2027

21 POP: 09/01/2026 to 08/31/2027 24 EA

Option Year One

Admin Compliance Charge

Delivery: 08/31/2027

Delivery Location Code: IHSWAGNER

IHSWAGNER

111 WASHINGTON AVE NW

WAGNER SD 57380 US

Period of Performance: 09/01/2026 to 08/31/2027

22 POP: 09/01/2026 to 08/31/2027 8 EA

Option Year One

Specialty Gas Delivery Charge

Delivery: 08/31/2027

Delivery Location Code: IHSWAGNER

IHSWAGNER

111 WASHINGTON AVE NW

WAGNER SD 57380 US

Period of Performance: 09/01/2026 to 08/31/2027

23 POP: 09/01/2027 to 08/31/2028 5500 EA

7 38

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

75H70625Q00166

Option Year Two

K Cylinder Rental

Delivery: 08/31/2028

Delivery Location Code: IHSWAGNER

IHSWAGNER

111 WASHINGTON AVE NW

WAGNER SD 57380 US

Period of Performance: 09/01/2027 to 08/31/2028

24 POP: 09/01/2027 to 08/31/2028 600 EA

Option Year Two

D Medical Cylinder Rental

Delivery: 08/31/2028

Delivery Location Code: IHSWAGNER

IHSWAGNER

111 WASHINGTON AVE NW

WAGNER SD 57380 US

Period of Performance: 09/01/2027 to 08/31/2028

25 POP: 09/01/2027 to 08/31/2028 13000 EA

Option Year Two

E Medical Cylinder Rental

Delivery: 08/31/2028

Delivery Location Code: IHSWAGNER

IHSWAGNER

111 WASHINGTON AVE NW

WAGNER SD 57380 US

Period of Performance: 09/01/2027 to 08/31/2028

26 POP: 09/01/2027 to 08/31/2028 50 EA

Option Year Two

KMed Oxygen Compressed

Delivery: 08/31/2028

Delivery Location Code: IHSWAGNER

IHSWAGNER

111 WASHINGTON AVE NW

WAGNER SD 57380 US

Period of Performance: 09/01/2027 to 08/31/2028

27 POP: 09/01/2027 to 08/31/2028 20 EA

Option Year Two

EMed Oxygen Compressed

Delivery: 08/31/2028

Delivery Location Code: IHSWAGNER

IHSWAGNER

111 WASHINGTON AVE

8 38

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

75H70625Q00166

WAGNER SD 57380 US

Period of Performance: 09/01/2027 to 08/31/2028

28 POP: 09/01/2027 to 08/31/2028 15 EA

Option Year Two

Regular Gas Delivery Charge

Delivery: 08/31/2028

Delivery Location Code: IHSWAGNER

IHSWAGNER

111 WASHINGTON AVE NW

WAGNER SD 57380 US

Period of Performance: 09/01/2027 to 08/31/2028

29 POP: 09/01/2027 to 08/31/2028 10 EA

Option Year Two

Hazardous Material Charge

Delivery: 08/31/2028

Delivery Location Code: IHSWAGNER

IHSWAGNER

111 WASHINGTON AVE NW

WAGNER SD 57380 US

Period of Performance: 09/01/2027 to 08/31/2028

30 POP: 09/01/2027 to 08/31/2028 8 EA

Option Year Two

PPG Lunghe-E Compressed Gas NOS CO2

Delivery: 08/31/2028

Delivery Location Code: IHSWAGNER

IHSWAGNER

111 WASHINGTON AVE NW

WAGNER SD 57380 US

Period of Performance: 09/01/2027 to 08/31/2028

31 POP: 09/01/2027 to 08/31/2028 800 EA

Option Year Two

Rental Charge Specialty Gas

Delivery: 08/31/2028

Delivery Location Code: IHSWAGNER

IHSWAGNER

111 WASHINGTON AVE

WAGNER SD 57380 US

Period of Performance: 09/01/2027 to 08/31/2028

32 POP: 09/01/2027 to 08/31/2028 24 EA

Option Year Two

Admin Compliance Charge

9 38

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

75H70625Q00166

Delivery: 08/31/2028

Delivery Location Code: IHSWAGNER

IHSWAGNER

111 WASHINGTON AVE NW

WAGNER SD 57380 US

Period of Performance: 09/01/2027 to 08/31/2028

33 POP: 09/01/2027 to 08/31/2028 8 EA

Option Year Two

Specialty Gas Delivery Charge

Delivery: 08/31/2028

Delivery Location Code: IHSWAGNER

IHSWAGNER

111 WASHINGTON AVE NW

WAGNER SD 57380 US

Period of Performance: 09/01/2027 to 08/31/2028

34 POP: 09/01/2028 to 08/31/2029 5500 EA

Option Year Three

K Cylinder Rental

Delivery: 08/31/2029

Delivery Location Code: IHSWAGNER

IHSWAGNER

111 WASHINGTON AVE NW

WAGNER SD 57380 US

Period of Performance: 09/01/2028 to 08/31/2029

35 POP: 09/01/2028 to 08/31/2029 600 EA

Option Year Three

D Medical Cylinder Rental

Delivery: 08/31/2029

Delivery Location Code: IHSWAGNER

IHSWAGNER

111 WASHINGTON AVE NW

WAGNER SD 57380 US

Period of Performance: 09/01/2028 to 08/31/2029

36 POP: 09/01/2028 to 08/31/2029 13000 EA

Option Year Three

E Cylinder Rental

Delivery: 08/31/2029

Delivery Location Code: IHSWAGNER

IHSWAGNER

111 WASHINGTON AVE NW

WAGNER SD 57380 US

Period of Performance: 09/01/2028 to 08/31/2029

10 38

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

75H70625Q00166

37 POP: 09/01/2028 to 08/31/2029 50 EA

Option Year Three

KMed Oxygen Compressed

Delivery: 08/31/2029

Delivery Location Code: IHSWAGNER

IHSWAGNER

111 WASHINGTON AVE NW

WAGNER SD 57380 US

Period of Performance: 09/01/2028 to 08/31/2029

38 POP: 09/01/2028 to 08/31/2029 20 EA

Option Year Three

EMed Oxygen Compressed

Delivery: 08/31/2029

Delivery Location Code: IHSWAGNER

IHSWAGNER

111 WASHINGTON AVE NW

WAGNER SD 57380 US

Period of Performance: 09/01/2028 to 08/31/2029

39 POP: 09/01/2028 to 08/31/2029 15 EA

Option Year Three

Regular Gas Delivery Charge

Delivery: 08/31/2029

Delivery Location Code: IHSWAGNER

IHSWAGNER

111 WASHINGTON AVE NW

WAGNER SD 57380 US

Period of Performance: 09/01/2028 to 08/31/2029

40 POP: 09/01/2028 to 08/31/2029 10 EA

Option Year Three

Hazardous Material Charge

Delivery: 08/31/2029

Delivery Location Code: IHSWAGNER

IHSWAGNER

111 WASHINGTON AVE NW

WAGNER SD 57380 US

Period of Performance: 09/01/2028 to 08/31/2029

41 POP: 09/01/2028 to 08/31/2029 8 EA

Option Year Three

PPG Lunghe-E Compressed Gas NOS CO2

Delivery: 08/31/2029

Delivery Location Code: IHSWAGNER

IHSWAGNER

11 38

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

75H70625Q00166

111 WASHINGTON AVE NW

WAGNER SD 57380 US

Period of Performance: 09/01/2028 to 08/31/2029

42 POP: 09/01/2028 to 08/31/2029 800 EA

Option Year Three

Rental Charge Specialty Gas

Delivery: 08/31/2029

Delivery Location Code: IHSWAGNER

IHSWAGNER

111 WASHINGTON AVE NW

WAGNER SD 57380 US

Period of Performance: 09/01/2028 to 08/31/2029

43 POP: 09/01/2028 to 08/31/2029 24 EA

Option Year Three

Admin Compliance Charge

Delivery: 08/31/2029

Delivery Location Code: IHSWAGNER

IHSWAGNER

111 WASHINGTON AVE NW

WAGNER SD 57380 US

Period of Performance: 09/01/2028 to 08/31/2029

44 POP: 09/01/2028 to 08/31/2029 8 EA

Option Year Three

Specialty Gas Delivery Charge

Delivery: 08/31/2029

Delivery Location Code: IHSWAGNER

IHSWAGNER

111 WASHINGTON AVE NW

WAGNER SD 57380 US

Period of Performance: 09/01/2028 to 08/31/2029

45 POP: 09/01/2029 to 08/31/2030 5500 EA

Option Year Four

K Cylinder Rental

Delivery: 08/31/2030

Delivery Location Code: IHSWAGNER

IHSWAGNER

111 WASHINGTON AVE NW

WAGNER SD 57380 US

Period of Performance: 09/01/2029 to 08/31/2030

46 POP: 09/01/2029 to 08/31/2030 600 EA

Option Year Four

D Medical Cylinder Rental

12 38

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

75H70625Q00166

Delivery: 08/31/2030

Delivery Location Code: IHSWAGNER

IHSWAGNER

111 WASHINGTON AVE NW

WAGNER SD 57380 US

Period of Performance: 09/01/2029 to 08/31/2030

47 POP: 09/01/2029 to 08/31/2030 13000 EA

Option Year Four

E Medical Cylinder Rental

Delivery: 08/31/2030

Delivery Location Code: IHSWAGNER

IHSWAGNER

111 WASHINGTON AVE NW

WAGNER SD 57380 US

Period of Performance: 09/01/2029 to 08/31/2030

48 POP: 09/01/2029 to 08/31/2030 50 EA

Option Year Four

KMed Oxygen Compressed

Delivery: 08/31/2030

Delivery Location Code: IHSWAGNER

IHSWAGNER

111 WASHINGTON AVE NW

WAGNER SD 57380 US

Period of Performance: 09/01/2029 to 08/31/2030

49 POP: 09/01/2029 to 08/31/2030 20 EA

Option Year Four

EMed Oxygen Compressed

Delivery: 08/31/2030

Delivery Location Code: IHSWAGNER

IHSWAGNER

111 WASHINGTON AVE NW

WAGNER SD 57380 US

Period of Performance: 09/01/2029 to 08/31/2030

50 POP: 09/01/2029 to 08/31/2030 15 EA

Option Year Four

Regular Gas Delivery Charge

Delivery: 08/31/2030

Delivery Location Code: IHSWAGNER

IHSWAGNER

111 WASHINGTON AVE

WAGNER SD 57380 US

Period of Performance: 09/01/2029 to 08/31/2030

13 38

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

75H70625Q00166

51 POP: 09/01/2029 to 08/31/2030 10 EA

Option Year Four

Hazardous Material Charge

Delivery: 08/31/2030

Delivery Location Code: IHSWAGNER

IHSWAGNER

111 WASHINGTON AVE NW

WAGNER SD 57380 US

Period of Performance: 09/01/2029 to 08/31/2030

52 POP: 09/01/2029 to 08/31/2030 8 EA

Option Year Four

PPG Lunghe-E compressed Gas NOS CO2

Delivery: 08/31/2030

Delivery Location Code: IHSWAGNER

IHSWAGNER

111 WASHINGTON AVE NW

WAGNER SD 57380 US

Period of Performance: 09/01/2029 to 08/31/2030

53 POP: 09/01/2029 to 08/31/2030 800 EA

Option Year Four

Rental Charge Specialty Gas

Delivery: 08/31/2030

Delivery Location Code: IHSWAGNER

IHSWAGNER

111 WASHINGTON AVE NW

WAGNER SD 57380 US

Period of Performance: 09/01/2029 to 08/31/2030

54 POP: 09/01/2029 to 08/31/2030 24 EA

Option Year Four

Admin Compliance Charge

Delivery: 08/31/2030

Delivery Location Code: IHSWAGNER

IHSWAGNER

111 WASHINGTON AVE NW

WAGNER SD 57380 US

Period of Performance: 09/01/2029 to 08/31/2030

55 POP: 09/01/2029 to 08/31/2030 8 EA

Option Year Four

Specialty Gas Delivery Charge

Delivery: 08/31/2030

Delivery Location Code: IHSWAGNER

14 38

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

75H70625Q00166

IHSWAGNER

111 WASHINGTON AVE NW

WAGNER SD 57380 US

Period of Performance: 09/01/2029 to 08/31/2030

The Quoter is hereby notified that they must be registered in the System for Award

Management (SAM) before the Federal Government will issue an award. (You may do this by going to www.sam.gov to register. You are required to update this registration every year prior to the expiration date.)

UEI (UNIQUE ENTITY ID FROM SAM):

Federal Tax ID Number:

Email Address:

Net Terms:

30-60 DAYS ARO

P a g e 1 | 9

Performance Work Statement (PWS) for oxygen, medical gases and cylinders rental services.

General

Background

The Mission of the Wagner Health Care Center is to provide the best possible healthcare services to the patients on the Yankton Sioux Reservation in South Dakota. To meet this mission, the WHCC is requesting an all-inclusive, non-personal service contract with base plus four (4) one (1) year options for oxygen, medical gases and cylinder rental services.

Objective

The Wagner Health Care Center overall objective is to obtain oxygen, medical gases cylinder rental service at the lowest price while meeting the minimum technical requirements. Minimal technical requirements are outlined in the sections Quality Assurance Specification and Requirements and the Delivery or Deliverables.

Scope of Work

The contractor shall provide oxygen, medical gases and cylinder rentals. The contractor shall provide transportation of oxygen, medical gases and cylinders to and from the Wagner Health Care Center. Items shall be delivered to Wagner Health Care Center in Wagner, SD at a minimum of once a month.

Period of Performance

Base Year: 09/01/2025 to 08/31/2026 Option Year 1: 09/01/2026 to 08/31/2027 Option Year 2: 09/01/2027 to 08/31/2028 Option Year 3: 09/01/2028 to 08/31/2029 Option Year 4: 09/01/2029 to 08/31/2030

Place of Performance

Wagner Health Care Center 111 Washington AVE NW Wagner, South Dakota 57380

Applicable Documents

Quality Assurance Specification and Requirements

All medical gases shall conform to specifications prescribed in the United States Pharmacopeia and the National Formulary. All medical gas manufacturers and fillers of medical gases shall be registered with the FDA; and all medical gases shall be manufactured, processed, packed, transported and stored according to the FDA’s Current Good Manufacturing Practice (CGMP) regulations and Title 21, Code of Federal Regulations, Parts 210.211 and 201 for labeling.

P a g e 2 | 9

In addition, the following specifications are incorporated into the solicitation and resulting contracts:

a. Federal Specification BB-A-1034B, Air, Compressed, for Breathing Purposes Dated 20-Dec-1985

b. Federal Specification BB-A-101B, Carbon Dioxide (C02) Technical and USP Dated 15-Apr-1971

c. Compressed Gas Association (CGA) Publications G-7 – Compressed Air for Human Respiration, dated

1/1/90 and ANSI/CGA G-7.1- Commodity Specification for Air, dated 12/29/97

All products, equipment, and services provided under the contracts awarded under this solicitation shall follow all applicable Federal, State and local regulations.

Cylinders and other Containers

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 DOT regulations (Title 49-Transportation, Code of Federal Regulations.) Filling, packaging, labeling, etc., for medical gases shall also comply with the Federal Food, Drug and Cosmetic Act. Gauges, thermometers and relief valve shall be included in new bulk oxygen tank installation.

Marking:

In addition to marking required by the aforementioned laws and regulations, marking shall comply with CGA Publication C-7 – Guide to Preparation of Precautionary labeling and Marking of Compressed Gas Containers, dated 6/27/00.

Color Coding:

Cylinders shall be color coded in accordance with CGA Publication C-9 – Standard Color Marking of Compressed Gas Containers Intended for Medical use, dated 1/1/88.

Valves:

Valves shall comply with CGA Safety Bulletin SB-26 and CGA Publication V-1 Compressed Gas Association Standard for Compressed Gas Cylinder Valve Outlet and Inlet Connections, dated 12/31/00. 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. For liquid containers, all fittings must be permanently brazed to prevent their removal. In addition, each container should contain a 380-degree cyrob and applied at the top of the container with the drug product name repeated around the entire container.

Hydrostatic Testing:

Retest Date: If applicable DOT regulations would require retesting of cylinder within three (3) months after scheduled date of shipment to Continental U.S. destination or within six (6) months after scheduled date of shipment to overseas destination, cylinder shall be retested. Contractor will be required to retest any Government-Owned cylinder when requested by ordering activity, regardless of scheduled retest data.

Hydrostatic testing shall be performed in accordance with CGA’s Publication – C-1, Methods for Hydrostatic Testing of Compressed Gas Cylinders, dated 12/01/96.

Visual inspection shall be performed in accordance with the applicable CGA Publications C-6, Standards for Visual Inspection of Steel compressed Gas Cylinders, dated 4/1/95.

Cylinder Sizes:

Cylinder sizes shown in the item description indicate product capacity of the cylinder currently being used.

All capacities are approximate, and the Government shall be billed only for the actual amount of gas

P a g e 3 | 9 delivered. In accordance with the Federal Food, Drug and Cosmetic Act, the actual contents of the container must appear on the label.

Individual Agency Ownership of Cylinders:

Government-Owned cylinders shall remain the property of the individual ordering (owning) agency and shall not be exchanged for other cylinders, either government-owned or contractor-owned, without authorization of the ordering agency.

Method of Shipment:

Empty Government-owned cylinders that are picked up from an ordering facility for re-fill or servicing shall be transported according to the Department of Transportation Regulations, using normal commercial practice to prevent damage to cylinders.

Transportation of Cylinders:

All transportation charges for empty government-owned and contractor-owned cylinders from the ordering facility to the contractor’s facility shall be at the expense of the contractor.

Contractor Quality Assurance.

The Contractor shall allow the Government to evaluate the quality of services provided with the technical requirements of this contract. This assessment will include the delivery schedule, compliance of laws and regulations, delivery receipts and Material Safety Data Sheets. An assessment spreadsheet will be created monitored by the Facility Manager and the Contracting Officers’ Representative (COR). This assessment spreadsheet may be used as a record of contract performance history for the purpose of evaluation in other competitive or non- competitive acquisitions.

Performance Surveillance Plan

Performance surveillance monitors will be established to comply with regulatory guidelines and to monitor contract performance. The performance surveillance plan has been developed to outline the Indian Health Service’s general plan in providing effective and systematic surveillance and reporting of all aspects of contract performance. This plan recognizes the responsibility of the Contractor to carry out its own quality control obligations in the performance of this contract.

Surveillance will be accomplished through review of the Contractor’s performance against requirements listed in the performance work statement and performance standards listed in this plan.

Upon completion of the contract, the Government will complete and keep on record the Contractor’s performance evaluation form based on the following objectives.

P a g e 4 | 9

OBJECTIVE/ TASK PERFORMANCE

STANDARD

ACCEPTABL E

QUALITY

LEVEL (AQL)

SURVEILLANCE METHOD/

MEASURES

PERFORMANCE OBJECTIVE 1

The contractor shall establish a delivery schedule to meet the technical requirements of the PWS.

The contractor shall establish a delivery schedule for deliveries at a minimum of once a month

90% compliance, no deviation

Contractor shall submit monthly schedule of delivery dates to the Facility Manager and COR.

PERFORMANCE OBJECTIVE 2

The contractor is aware of all laws and regulations related to delivery of medical gases and cylinder rentals.

All Contract Personal comply with all laws, regulations and policies relating to delivery of medial gases and

100%

The contractor shall provide copies of all required certifications to the Facility Manager and COR upon award of purchase order.

PERFORMANCE OBJECTIVE 3

The contractor shall provide delivery documentation of medical gases and cylinder rentals.

provide delivery documentation to Facility Manager and COR related to the delivery and pickup of medical gases and

The contractor shall provide delivery and pickup documentation of medical gases and cylinders to the Facility Manager and COR for each delivery and pickup.

PERFORMANCE OBJECTIVE 4

Material Safety Data Sheets.

provide Material Safety

Data Sheets to the Facility Manager and

COR.

The contractor shall provide Material Safety Data Sheets to the Facility

Manager and COR at a minimum of quarterly and upon ordering a new medical gas.

PERFORMANCE OBJECTIVE 5

emergency delivery service for medical gases.

provide emergency delivery service of medical gases within 24 hours of being contacted.

The contractor shall provide delivery documentation of medical gases and cylinders to the Facility Manager and COR for each delivery made on an emergency basis.

P a g e 5 | 9

Delivery or Deliverables

The delivery and return of rented oxygen, medical gas and cylinders shall be between 8:00am to 5:00pm Monday through Friday. If delivery falls on a government holiday, the delivery shall be on the next following business day.

Deliveries are to be made at a minimum of once a month. Adjustments to the delivery schedule can be made depending on medical gas usage trends. In case of emergency, the contractor shall be contacted, and delivery shall be made to the facility within 24 hours.

At the time of each delivery, the contractor must provide a legible signed and dated written document that identifies each delivery and return of oxygen, medical gases and cylinders. This document must be counter-signed by a facility representative supervising the delivery.

If for any reason the contractor is unable to make delivery at the agreed upon schedule, the contractor will provide 24-hour notice to the Facility Manager and COR so that the facility can initiate an alternate backup action.

The Facility POC is responsible for communicating local issues, such as ordering and delivery instructions, within the terms and conditions of the signed contract. The terms and conditions outlined by this contract cannot be changed without signed modification by the Contracting Officer.

Medical gases are subject to the requirements in 21 CFR § 211.150 - Distribution procedures.

The Contractor shall have an established system by which the distribution of each lot of gases can be readily determined to facilitate its recall if necessary.

Material Safety Data Sheets shall be provided to the Facility Manager and COR at a minimum of quarterly or upon ordering a new medical gas.

Government Furnished Property/Equipment/Information

No government-furnished property/ equipment/ information will be furnished to the awardee.

Administrative

Contracting Officer’s Representative Designation

The designated COR for this contract is:

Dwight Josh Janis COR Level 1 Wagner Health Care Facility 111 Washington Ave. NW Wagner, SD 57380

The COR is responsible for:

1. Monitoring the Contractor’s technical progress;

2. Interpreting the statement of work;

3. Technical evaluation as required;

4. Technical inspections and acceptance required by this contract; and

5. Assisting the Contractor in the resolution of technical problems encountered during performance

P a g e 6 | 9 of this contract.

Subject matter expert for this contract is:

Dr. Padilla-Cedo, Clinical Director Wagner IHS Health Center 111 Washington AVE NW Wagner, South Dakota 57380

Chad Zephier, Facility Manager Wagner IHS Health Center 111 Washington AVE NW Wagner, South Dakota 57380

Invoicing

The Contractor shall submit one invoice, monthly, for incurred charges related to medical gas refill and cylinder tank rental fees. The amount charged for cylinder tank rental shall be for the quantity and types of cylinders in facility inventory, as of the last day of the month. The facility shall not be invoiced for tanks for which the facility has requested removal. Medical gas shall be invoiced on the basis of volume for tanks delivered during the invoice period (one month).

Invoice submission and payment: In compliance with the Office of Management and Budget (OMB) M-15-19 memorandum Improving Government Efficiency and Saving Taxpayer Dollars Through Electronic Invoicing, directing Federal agencies to adopt electronic invoicing as the primary means to disburse payment to vendors.

Invoices submitted under any award resulting from this solicitation will be required to utilize the Invoice Processing Platform (IPP) in accordance with HHSAR 352.232-71, Electronic Submission and Processing of Payment Requests.

IPP is a secure, web-based electronic invoicing system provided by the U.S. Department of the Treasury’s Bureau of the Fiscal Service, in partnership with the Federal Reserve Bank of St. Louis (FRSTL). Respondents to this solicitation are encouraged to register an account with IPP if they have not already done so. If your organization is already registered to use IPP, you will not be required to re-register, however, we encourage you to make sure your organization and designated IPP user accounts are valid and up to date.

The IPP website address is: https://www.ipp.gov.

If you require assistance registering or IPP account access, please contact the IPP Helpdesk at (866) 973- 3131 (M-F 8AM to 6PM ET), or IPPCustomerSupport@fiscal.treasury.gov.

The Contractor shall include the following information on each invoice in accordance with the Prompt Payment Act (5 CFR Part 1315.9(b)):

1. Contractor/Vendor Name

2. Mailing Address

3. Telephone Number

4. Tax Identification Number (TIN)

5. Invoice Date and Number

6. Purchase Order Number (in Block #3 of the OF-347 form)

P a g e 7 | 9

7. Data Universal Number (DUNS)

8. Description of services provided, quantity, unit of issue, unit price, and total amount due

AUTHORITY

No person other than the Contracting Officer has the authority to bind the Government with respect to this contract.

No action or omission of any government employee or representative other than the Contracting Officer shall increase or decrease the scope of this contract or shall otherwise modify the terms and conditions of this contract.

In no event shall any of the following be effective or binding on the Government or imputed to the Contracting Officer with respect to this contract:

An understanding or agreement between the Contractor and anyone other than the Contracting Officer;

A purported modification or change order issued by anyone other than the Contracting Officer; A promise by anyone other than the Contracting Officer to provide additional funding or make payments; or An order, direction, consent, or permission from anyone other than the Contracting Officer to:

Incur costs in excess of a specified estimated cost, allotment of funds, or other ceiling; or Expend hours in excess of a specified level of effort.

PRIVACY

52.224-1 Privacy Act Notification.

Privacy Act Notification (Apr 1984)

The Contractor will be required to design, develop, or operate a system of records on individuals, to accomplish an agency function subject to the Privacy Act of1974, Public Law93-579, December 31,1974 ( 5 U.S.C. 552a) and applicable agency regulations. Violation of the

Act may involve the imposition of criminal penalties.

52.224-2 Privacy Act.

Privacy Act (Apr 1984)

(a) The Contractor agrees to-

(1) Comply with the Privacy Act of1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies-

(i) The systems of records; and

(ii) The design, development, or operation work that the contractor is to perform;

(2) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a system of records on individuals that is subject to the Act; and

(3) Include this clause, including this paragraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a system of records.

(b) In the event of violations of the Act, a civil action may be brought against the agency involved when the

P a g e 8 | 9 violation concerns the design, development, or operation of a system of records on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a system of records on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a system of records on individuals to accomplish an agency function, the Contractor is considered to be an employee of the agency.

(c)

(1) "Operation of a system of records," as used in this clause, means performance of any of the activities associated with maintaining the system of records, including the collection, use, and dissemination of records.

(2) "Record," as used in this clause, means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and that contains the person’s name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a fingerprint or voiceprint or a photograph.

(3) "System of records on individuals," as used in this clause, means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.

52.239-1 Privacy or Security Safeguards.

Privacy or Security Safeguards (Aug 1996)

(a) The Contractor shall not publish or disclose in any manner, without the Contracting Officer’s written consent, the details of any safeguards either designed or developed by the Contractor under this contract or otherwise provided by the Government.

(b) To the extent required to carry out a program of inspection to safeguard against threats and hazards to the security, integrity, and confidentiality of Government data, the Contractor shall afford the Government access to the Contractor’s facilities, installations, technical capabilities, operations, documentation, records, and databases.

(c) If new or unanticipated threats or hazards are discovered by either the Government or the Contractor, or if existing safeguards have ceased to function, the discoverer shall immediately bring the situation to the attention of the other party.

352.224-70 Privacy Act.

Privacy Act (DEC 2015)

This contract requires the Contractor to perform one or more of the following: (a) Design; (b) develop; or (c) operate a Federal agency system of records to accomplish an agency function in accordance with the Privacy Act of 1974 (Act) (5 U.S.C. 552a(m)(1)) and applicable agency regulations.

The term system of records means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying marker assigned to the individual. Violations of the Act by the Contractor and/or its employees may result in the imposition of criminal penalties (5 U.S.C.

552a(i)).

The Contractor shall ensure that each of its employees knows the prescribed rules of conduct in 45 CFR part 5b and that each employee is aware that he/she is subject to criminal penalties for violation of the Act to the same extent as Department of Health and Human Services employees. These provisions also apply to all subcontracts the Contractor awards under this contract which require the design, development or operation of the designated system(s) of records (5 U.S.C. 552a(m)(1)). The contract work statement:

P a g e 9 | 9

(a) Identifies the system(s) of records and the design, development, or operation work the Contractor is to perform; and

(b) Specifies the disposition to be made of such records upon completion of contract performance.

Indemnification, Liability, Statute of Limitations: Any provisions in the TOS related to indemnification and filing deadlines are hereby waived, and shall not apply except to the extent expressly authorized by law. Liability for any breach of the TOS as modified by this Amendment, or any claim arising from the TOS as modified by this Amendment, shall be determined under the Federal Tort Claims Act, or other governing federal authority. Federal Statute of Limitations provisions shall apply to any breach or claim.

Governing law: Any arbitration, mediation or similar dispute resolution provision in the TOS is hereby deleted. The TOS and this Amendment shall be governed by and interpreted and enforced in accordance with the laws of the United States of America without reference to conflict of laws. To the extent permitted by federal law, the laws of the State of [Company to insert name of state if one is mentioned in its TOS] (excluding [Company's state] choice of law rules) will apply in the absence of applicable federal law.

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):

Incorporated by Reference

52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009

(June 2010)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan

2017)

52.204-2 Security Requirements (Mar 2021)

52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2010)

52.204-12 Unique Entity Identifier Maintenance (Oct 2016)

52.204-13 System for Award Management Maintenance (Oct 2018)

52.204-18 Commercial and Government Entity Code Maintenance (Apr 2020)

52.204-19 Incorporated by Reference of Representations and Certification (Dec 2014)

52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Nov 2021)

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by

Kaspersky Lab and Other Covered Entities (Nov 2021)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

52.204-27 Prohibition on a ByteDance Covered Application (Jun 2023)

52.211-5 Material (Aug 2000)

52.213-4 Terms and Conditions Simplified Acquisitions (Other Than Commercial Products and

Commercial Services) (Sep 2023)

52.216-24 Limitation of Government Liability (Apr 1984)

52.216-25 Contract Definitization (Oct 2010)

52.222-19 Child Labor-Cooperation with Authorities and Remedies (Dec 2022)

52.222-50 Combating Trafficking in Persons (Nov 2021)

52.223-6 Drug-Free Workplace (May 2001)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020)

52.225-1 Buy American-Supplies (Oct 2022)

52.225-5 Trade Agreements (Dec 2022)

52.225-13 Restrictions on Certain Foreign Purchases (Feb 2021)

52.227-19 Commercial Computer Software License (Dec 2007)

52.232-1 Payments (Apr 1984)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023)

52.233-3 Protest after Award (Aug 1996)

52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)

52.242-5 Payments to Small Business Subcontractors (Jun 2017)

52.243-1 Changes-Fixed-Price (Aug 1987)

52.243-7 Notification of Changes (Jan 201)

52.244-6 Subcontracts for Commercial Products and Commercial Services (Mar 2023)

52.245-9 Use and Charges (Apr 2012)

52.246-4 Inspection of Services-Fixed-Price (Aug 1996)

52.246-20 Warranty of Services (May 2001)

52.246-25 Limitation of Liability-Services (Feb 1997)

52.249-9 Default (Fixed-Price Supply and Services) (Apr 1984)

52.252-2 Clauses Incorporated by Reference (Feb 1998)

52.252-6 Authorization Deviations in Clauses

352.239-73 Electronic Information and Technology Accessibility Notice

352.239-74 Electronic Information and Technology Accessibility

Incorporated by Full Text

52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services (Dec 2022)

(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…