Veterans Health Administration, Louis A Johnson VA Medical Center

Medical Cylinders and Gases Sources Sought Notice

This notice is for planning purposes only and shall not be considered an invitation for bid, request for quotation, request for proposal, or as an obligation of the government to acquire any products or services. Responses to this notice will be used for informational purposes only and only for Network Contracting Office 5. No entitlement to payment of direct or indirect costs from the government will arise as a result from a response to this announcement. No contract will be awarded from this notice.

The information requested in this notice will be used to determine available sources for CLARKSBURG MEDICAL GAS CYLINDERS.

North American Industry Classification System (NAICS) number is 325120. The NAICS size is 1,000.

Contractors that deem themselves capable of meeting the requirement shall provide the below information to Ryan Singletary, Contracting Officer, ryan.singletary@va.gov no-later-than October 23, 2026 at 12:00PM, Eastern Time.

The Department of Veterans Affairs, Veterans Health Administration, Network Contracting Office (NCO) 5 is seeking sources for the following procurement:

STATEMENT OF WORK

1. SCOPE OF WORK

1.1 The purpose of this Statement of work is to provide medical cylinder gases for the Louis A Johnson VA Medical Center and CBOCs. This requirement is for a twelve (12) month period of performance with four (4) option years to follow. All medical gases shall conform to specifications prescribed in the United States Pharmacopeia and the National Formulary. All medical gas manufacturers/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.

Base 01/15/2027 – 01/14/2028

Option Year One 01/15/2028 – 01/14/2029 Option Year Two 01/15/2029 – 01/14/2030

Option Year Three 01/15/2030 – 01/14/2031 Option Year Four 01/15/2031 – 01/14/2032

In addition, the following specifications are incorporated into the solicitation:

a. Federal Specification BB-C-101D, Carbon Dioxide (CO2) Technical and mailto:ryan.singletary@va.gov

USP, dated 3/17/2011

b. Compressed Gas Association (CGA) Publications G-7 – Compressed

Air for Human Respiration, dated May 2008, and ANSI/CGA G-7.1 – Commodity Specification for Air, dated October 2011.

All products, equipment, and services provided under this solicitation and contract award shall be in compliance with all applicable Federal, state, and local regulations.

1.2 There is no express or implied guarantee that these quantities will be purchased.

2. MONTHLY RENTAL OF CONTRACTOR OWNED CYLINDERS

2.1 Estimated quantities per year based on gas and bottle.

CLIN AIRGAS PART # PRODUCT QTY UNIT

OX USPE

OXYGEN, E 1

CY

OX USPEAWBDS

OXYGEN E, W/REGULATOR

GRAB N GO 576 CY

NS USP56

NITROUS OXIDE, USP, SIZE

56LB

4 CY

NI NF200

NITROGEN K, USP 8 CY

NI NFE

NITROGEN E, USP

NS USPE

NITROUS OXIDE SIZE E,

USP

1 CY

0007 OX USP200 OXYGEN, K USP 3 CY

0008 CD USP50 CO/2 H, USP 8 CY

0009 HE200 HELIUM , 244CF, K,

INDUSTRIAL

1 CY

Z04N17852003060

LUNG DIFFUSION 3% CARBON

MONOXIDE, 3% METHANE,

21% OXYGEN BALANCE

NITROGEN K

Z04NI7852003012

LUNG DIFFUSION 3% CARBON

MONOXIDE, 5% NEON, 21%

OXYGEN BALANCE NITROGEN

K

AI USP200

COMPRESSED AIR K USP

0013 AI USPE COMPRESSED AIR E USP 1 CY

0014 OX USPEA OXYGEN, ALUMINUM TANK, E

USP

1 CY

0015 CD USPE CO/2, E USP 14 CY

0016 NI

GMPDEWARFILL20

L

LIQUID NITROGEN 20LITER 17 CY

RR CYL MXS

MONTHLY RENTAL

CYLINDERS - SIZES A, B, C, D

& E

RR CYL MLG

MONTHLY RENTAL

CYLINDERS -OTHER THAN

SIZES A, B, C, D

& E

RR CYL MWB

MONTHLY RENTAL – OXYGEN

USP SIZE EW/BUILT IN

REGULATOR

3,823

DEL EMERGENCY

EMERGENCY DELIVERY

(CUSTOMER APPROVED IS

REQUIRED)

EA

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 CY __________________ __________________

CYLINDER-OXYGEN, E

LOCAL STOCK NUMBER: OX USPE

576.00 CY __________________ __________________

CYLINDER-OXYGEN E, W/REGULATOR (GRAB N-GO)

LOCAL STOCK NUMBER: OX USPEAWBDS

4.00 CY __________________ __________________

CYLINDER-NITRIOUS OXIDE, USP, SIZE 56LB

LOCAL STOCK NUMBER: NS USP56

8.00 CY __________________ __________________

CLYINDER-NITROGEN K, USP

LOCAL STOCK NUMBER: NI NF200

CYLINDER-NITROGEN E, USP

LOCAL STOCK NUMBER: NI NFE

CYLINDER-NITROUS OXIDE SIZE E, USP

LOCAL STOCK NUMBER: NS USPE

3.00 CY __________________ __________________

CLYINDER-OXYGEN, K USP

LOCAL STOCK NUMBER: OX USP200

8.00 CY __________________ __________________

CYLINDER-CO/2 H, USP

LOCAL STOCK NUMBER: CD USP50

CYLINDER-HELIUM, 244CF,K, INDUSTRIAL

LOCAL STOCK NUMBER: HE200

4.00 CY __________________ __________________

CYLINDER-LUNG DIFFUSION 3% CARBON MONOXIDE, 3%

METHANE, 21% OXYGEN BALANCE NITROGEN-K

LOCAL STOCK NUMBER: Z04NI7852003060

CYLINDER-LUNG DIFFUSION: 3% CARBON MONOXIDE, 5%

NEON, 21% OXYGEN WITH BALANCE NITROGEN-K

LOCAL STOCK NUMBER: Z04NI7852003012

CYLINDER-COMPRESSED AIR K USP

LOCAL STOCK NUMBER: AI USP200

CYLINDER-COMPRESSED AIR E USP

LOCAL STOCK NUMBER: AI USPE

CYLINDER-OXYGEN, ALUMINUM TANK, E USP

LOCAL STOCK NUMBER: OX USPEA

14.00 CY __________________ __________________

CLYINDER-CO/2, E USP

LOCAL STOCK NUMBER: CD USPE

17.00 CY __________________ __________________

DEWAR-LIQUID NITROGEN 20LITER

LOCAL STOCK NUMBER: NI GMPDEWARFILL20L

349.00 CY __________________ __________________

MONTHLY RENTAL CYLINDERS - SIZES: A, B, C, D & E

LOCAL STOCK NUMBER: RR CYL MXS

707.00 CY __________________ __________________

MONTHLY RENTAL CYLINDERS - SIZES OTHER THAN: A, B,

C, D & E

LOCAL STOCK NUMBER: RR CYL MLG

3,823.00 CY __________________ __________________

MONTHLY RENTAL - OXYGEN USP SIZE: E W/ BUILT IN

REGUALTOR

LOCAL STOCK NUMBER: RR CYL MWB

1.00 EA __________________ __________________

EMERGENCY DELIVERY (CUSTOMER APPROVED IF

REQUIRED)

LOCAL STOCK NUMBER: DEL EMERGENCY

3. DELIVERY REQUIREMENTS

All transportation charges for cylinders shall be included in the price of the gas.

Additional charges such as delivery fees, hazardous materials fees, fuel surcharges, etc. shall NOT be billed to or collected from the facilities for orders received under this contract.

3.1 Safety Data Sheets shall be provided to the facility POC upon request at no additional charge.

4. NON-REPAIRABLE GOVERNMENT PROPERTY

4.1 Prior to disposing of non-repairable government-owned cylinders, parts, fittings, and appurtenances, the Contractor shall contact the ordering (owning) activity. The contractor shall make disposition in accordance with the ordering activity’s instructions.

4.2 Contractors shall be paid for all services performed and authorized by the ordering activity, up to the determination that a cylinder is non-repairable.

4.3 Contractor shall not charge any additional types of fees, other than those specified above in paragraph 4.2, for the return of non-repairable cylinders to the ordering activity.

4.4 If the activity requests, and the Contractor agrees to dispose of any non-repairable government-owned property, the fee shall be negotiated and agreed upon between the two parties prior to the disposal of the property.

5. POC AND DELIVERY ADDRESS

TBD

Louis A Johnson VA Medical Center 1 Medical Center Drive Clarksburg, WV 26301

6. DELIVERY AND BILLING

6.1 Contractor should make deliveries within 24 hours or next business day of receipt of request. Deliveries will be made Monday through Friday between 8am

- 4 pm, excluding Federal Holidays. Delivery day requested by the facility is Wednesday of every week but will be confirmed through agreement between service and Contractor. Facility will contact contractor for emergency deliveries no more than 3 times per year. Emergency deliveries must be made within 2 hours of request.

6.2 The Contractor will be paid monthly, in arrears, upon receipt of a properly prepared invoice. Payment will be made upon receipt of a properly prepared invoice. Invoices are submitted to:

VA FSC

PO BO 149971

Austin, TX 78714 A properly prepared invoice will contain:

- Invoice Number and Date

- Contractor’s name and address

- Accurate Purchase order number

- Supply or Service provided

- Total amount due

6.3 Contractor will provide emergency contact information for after hours and weekends. Calls will be acknowledged within one hour with deliveries being made within 8 hours.

7. HOURS OF COVERAGE:

1. Vendor shall provide telephone support 24 hours a day, 7 days a week.

2. Vendor shall provide unscheduled maintenance (called upon to repair/fix any faulty equipment being rented despite the vendor having any schedule for their equipment maintenance if they have one) Mondays - Fridays, 8:00 AM-4:30 PM local site time, Mondays – Fridays excluding Federal Holidays.

3. Vendor shall provide planned maintenance scheduled at a mutually agreeable time Mondays - Fridays, 8:00 AM-4:30 PM local site time excluding Federal Holidays.

4. POC or designated alternate shall provide reasonable access to the equipment, reasonable working space, and a reasonable safe, hazard-free operating environment for contractor’s employees and representatives providing services hereunder during hours of coverage.

5. Federal Holidays observed by the Louis A Johnson VA Medical Center, and any other day declared a holiday by the President of the United States:

New Years' Day Labor Day Martin Luther King Day Columbus Day Presidents' Day Veterans' Day Memorial Day Thanksgiving Day Independence Day Christmas Day Juneteenth

When a holiday falls on a Sunday, the following Monday will be observed as a legal holiday. When a holiday falls on a Saturday, the preceding Friday is observed by US Government agencies.

8. CYLINDERS AND OTHER CONTAINERS

8.1 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.

8.2 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 10/21/2011.

8.3 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 September 2013.

8.4 Valves

Valves shall comply with CGA Safety Bulletin SB-26 dated August 2014 and CGA Publication V-1 -- Compressed Gas Association Standard for Compressed Gas Cylinder Valve Outlet and Inlet Connections, dated May 2013. 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 360-degree cryoband applied at the top of the container with the drug product name repeated around the entire container.

8.5 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.

8.5.1 Method: Government-owned cylinders which are eligible for extended hydrostatic retest period, testing by modified hydrostatic method, or visual inspection in lieu of hydrostatic testing, shall be serviced by the most economical means which will comply with Department of Transportation regulations (49 CFR 173.34) unless otherwise specified by the ordering activity. When modified or reduced DOT test requirements are contingent upon past usage of the cylinders, a written statement from the ordering activity indicating that the cylinders have been used exclusively for a specific gas may be considered acceptable evidence of the cylinders' eligibility for modified testing or inspection.

8.5.2 Hydrostatic testing shall be performed in accordance with CGA’s Publication --C- 1, Methods for Hydrostatic Testing of Compressed Gas Cylinders, dated January 2016.

8.5.3 Visual inspection shall be performed in accordance with the applicable CGA Publications C-6 --Standards for Visual Inspection of Steel Compressed Gas Cylinders, dated May 2013 or C-6.1 -- Standards for Visual Inspection of

High-Pressure Aluminum Compressed Gas Cylinders, dated May 2013.

8.5.4 The Contractor shall be responsible for all testing of Contractor-owned cylinders at no additional cost to the Government.

8.6 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 delivered. In accordance with the Federal Food, Drug and Cosmetic Act, the actual contents of the container must appear on the label.

8.7 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.

8.8 Lost or Damaged Contractor-Owned Cylinders

For each Contractor-owned cylinder lost or damaged beyond repair while in the Government’s possession, the Government shall pay to the Contractor the replacement value, less the allocable rental paid for that cylinder. These cylinders shall become Government property.

8.9 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.

8.10 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.

9. PRICE OF SERVICES FOR GOVERNMENT-OWNED AND CONTRACTOR-

OWNED CYLINDERS

The contractor’s price for the gas shall include the furnishing, at no additional cost, of all services which are required at each and every filling of a cylinder to comply with applicable regulations, specifications, and normal good practices.

Such services shall include but not be limited to: tags indicating cylinder is "Full," In Use," or "Empty"; inspection, testing, evaluation, and cleaning services required at each and every filling; pin-indexing, when required, and attachment of Government-furnished warning tags, when required. In addition to services listed in this paragraph, the Contractor is responsible for all maintenance and testing of Contractor-owned cylinders.

10. MEASUREMENT AND CONVERSION COMPUTATION, ATMOSPHERIC

GASES AND HYDROGEN:

Density data and volume measurement equivalents printed in CGA Publication P-6 --Standard Density Data, Atmospheric Gases and Hydrogen, dated October 2012 shall be used when necessary to convert measurement of these gases from one form to another: for example, from cubic feet to gallons.

11. LICENSING, AUTHORIZATION, AND SELLING PERMISSIONS

11.1 If the Contractor is the manufacturer of the medical gas 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.

11.2 If the Contractor is not the manufacturer of the medical gas being supplied under this contract, the Contractor shall annually provide verification that the manufacturer from which it obtains the medical gas 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 gas manufacturer affirmatively demonstrating that the Contractor has authorization by the manufacturer to resell the medical gas 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 gas manufacturer’s current licenses, permits, certifications or registrations required by the FDA and the staes in which the contract is performed. The Contractor shall also provide a copy of its agreement with the new manufacturer to resell the medical gas the Contractor intends to provide under this contract.

12. NARA RECORDS MANAGEMENT LANGUAGE FOR CONTRACTS

12.1 Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

12.2 In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

12.3 In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

12.4 Louis A Johnson VA Medical Center and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of Louis A Johnson VA Medical Center or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to Louis A Johson VA Medical. The agency must report promptly to NARA in accordance with 36 CFR 1230.

12.5 The Contractor shall immediately notify the appropriate Contracting

Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to Louis A Johnson VA Medical Center control, or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

12.6 The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and Louis A Johnson VA Medical Center guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

12.7 The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with Louis A Johnson VA Medical Center policy.

12.8 The Contractor shall not create or maintain any records containing any non-public Louis A Johnson VA Medical Center information that are not specifically tied to or authorized by the contract.

12.9 The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

12.10 The Louis A Johnson VA Medical Center owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which Louis A Johnson VA

Medical Center shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

12.11 Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VHA-provided records management training, Talent Management System (TMS) Item #10176, Privacy and Information Security, Rules of Behavior. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

13. RECORDS MANAGEMENT OBLIGATIONS

13.1 Applicability

This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

13.2 Definitions

“Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

1. includes [Agency] records.

2. does not include personal materials.

3. applies to records created, received, or maintained by Contractors pursuant to their [Agency] contract.

4. may include deliverables and documentation associated with deliverables.

13.3 Requirements

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. [Agency] and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of [Agency] or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to [Agency]. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity.

When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to [Agency] control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and [Agency] guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with [Agency] policy.

8. The Contractor shall not create or maintain any records containing any non-public [Agency] information that are not specifically tied to or authorized by the contract.

9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

10. The [Agency] owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S.

Government for which [Agency] shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take [Agency]-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

[Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.]

13.4 Flowdown of requirements to subcontractors

1. The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this [contract vehicle], and require written subcontractor acknowledgment of same.

2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

The information identified above is intended to be descriptive, not restrictive and to indicate the quality of the supplies/services that will be satisfactory. It is the responsibility of the interested source to demonstrate to the government that the interested parties can provide the supplies/services that fulfill the required specifications. If you are interested and are capable of providing the sought-out supplies/services, please provide the requested information as well as the information indicated below. Response to this notice should include company name, address, point of contact, size of business pursuant to the following questions:

(1) Please indicate the size status and representations of your business, such as but not limited to: Service-Disabled Veteran Owned Small Business (SDVOSB), Veteran Owned Small Business (VOSB), HUBZone, Woman Owned Small Business (WOSB), Large Business, etc.

(2) Is your company considered small under the NAICS code identified under this sources sought?

(3) Are you the manufacturer or distributor of the items being referenced above (or equivalent product/solution)? What is the manufacturing country of origin of these items?

(4) If you are a small business and an authorized distributor/reseller for the items identified above (or equivalent product/solution), do you alter;

assemble; modify; the items requested in any way? If you do, state how and what is altered; assembled; modified?

(5) Does your company have an FSS contract with GSA or the NAC or are you a contract holder with NASA SEWP or any other federal contract? If so, please provide the contract type and number.

(6) If you are an FSS GSA/NAC or NASA SEWP contract holder or other federal contract holder, are the referenced items/solutions available on your schedule/contract?

(7) Please provide general pricing for your products/solutions for market research purposes.

(8) Please submit capabilities in regard to the salient characteristics being provided and any other information for planning purposes.

Submissions addressing Section (8) should show clear, compelling and convincing evidence that all equal items meet all required salient characteristics.

Telephone responses shall not be accepted. If a solicitation is issued it shall be announced on a later date, and all interested parties must respond to that solicitation announcement separately from the responses to this sources sought. Responses to this notice are not a request to be added to a prospective bidders list or to receive a copy of the solicitation.