36C24122Q0306_1.docx

36C24122Q0306

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.

DUNS:

DUNS+4:

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

03-03-2022 Scott Remillard 603-624-4366 04-01-2022 16:30

EDT

Department of Veterans Affairs VAMC Manchester

718 Smyth Road Manchester NH 03104

X

325120 1000 Employees

N/A

Department of Veterans Affairs VAMC West Haven

950 Campbell Ave West Haven CT 06516

Department of Veterans Affairs VAMC Manchester

718 Smyth Road Manchester NH 03104

Financial Services Center http://www.fsc.va.gov/einvoice.asp PO Box 149971 Austin TX 78714-9971 1-877-353-9791

See CONTINUATION Page Contractor to provide medical grade liquid bulk oxygen and new tanks to the West Haven and Newington Connecticut Veteran Affairs

All supplies to be provided will be in accordance with the performance work statement and schedule of items

This is a 5 year period and a new obligation will be issued at the start of every twelve month period.

The POC in CT is Steve Pierce.

A site visit will take place on 03-16-22 for both West Haven and the Newington Campus. Contractors are highly encouraged to attend the site visit. Meeting point will be BLDG# 15 at 10:00am in the Engineering Building.

All questions must be submitted no later than five business days 03-23-2022.

See CONTINUATION Page

Scott Remillard

Table of Contents

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:

b. GOVERNMENT: Contracting Officer 36C241

VAMC Manchester 718 Smyth Road Manchester NH 03104

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

3. INVOICES: Invoices shall be submitted 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.

Department of Veterans Affairs Financial Services Center http://www.fsc.va.gov/einvoice.asp PO Box 149971 Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 STATEMENT OF WORK

MEDICAL GRADE LIQUID BULK OXYGEN

West Haven VA Medical Center 950 Campbell Ave.

West Haven, CT. 06516

1. General

1.1 The West Haven/Newington Department of Veterans Affairs currently has the requirement for the distribution and supply of medical-grade liquid bulk oxygen.

1.2 Period of performance: Blank Purchase Agreement (BPA) for a period of five (5) years. Estimated period of performance 07/05/2022-07/04/2027.

1.3 The purpose of this solicitation is to establish a committed source of supply of medical-grade liquid bulk oxygen for this facility. This Government facility does not own its own bulk oxygen tanks. The Government facility currently has an existing contractor supplied 6000-gallon vertical tank with a 500-gallon reserve tank back-up system for West Haven and supplied 1500-gallon vertical tank with an appropriate 120-gallon reserve back-up system for Newington. The Government facility shall require the contract to provide a contractor supplied 9000-gallon vertical tank with an appropriate 900-gallon reserve tank back-up system for West Haven and a contractor supplied vertical 1500-gallon tank with an appropriate 150-gallon reserve tank back-up system for Newington, all meeting NFPA 99 code standards. Each tank shall be placed where the existing was. Removal of existing tanks/associated equipment and replacement with new tanks/associated equipment shall be required by the contractor. The contract shall also provide for digital readouts at each separate facility. If existing equipment is antiquated and out-of-date that requires an upgrade to suffice code standards, these shall be inclusive as install requirements. Specifications for this facility are listed in the solicitation schedule; O2 Tank Pad As-Builts, Med Gas EOSC Final Report & Commissioning Report.

1.4 The Contractor is responsible for the system up to the connection point at the bulk pad. The Government is responsble for the system from the tie-in point and throughout the distribution sysytem.

1.5 If the Contractor requires interuption of services for the tank/equipment replacement, coordination with the hospital is required. The Contractor shall provide a temporary liquid Oxygen supply while exchange of tanks/equipment takes place. The Contractor shall provide a separate line item price for such work to include services and supply costs for a temporary liquid Oxygen service. The line item shall include temporary equipment and services, duration, and anticipated costs of medical gas supplies for the duration. This cost shall be a line item that affects only the base year final cost and does not affect the permanent tank system price option years. The Contractor is responsible for ensuring that the supply tanks are tied into the existing building distribution system without any interruption to service. The contractor shall coordinate the tie-in of the new system during the weekend hours so as not to impact clinical operations.

1.6 If the hospital is relocating the tank system from an old location to a new location, the Government may require the Contractor to provide a temporary liquid Oxygen supply while the Government ties in their distribution system to the new tank system. The Contractor shall provide a temporary liquid Oxygen price for this temporary service that is seperate from the permananet tank system price. The contractor shall coordinate the tie-in of the new system during the weekend hours so as not to impact clinical operations.

1.7 The contractor shall provide the total cost as well as the unit cost per Cubic Foot (CF) to supply 11,000,000 CF of medical-grade, liquid oxygen which is the estimated approximate total annual requirement for the West Haven VA Medical Center and 700,000.00 CF of medical-grade, liquid oxygen which is the estimated approximate total annual requirement for the Newington campus. There is no express or implied guarantee that these quantities will be purchased. The base contract period for all contracts awarded under this solicitation will be effective upon the date of award and extend through a one-year period. Please note that the contracts that include the installation of contractor-owned equipment will include a 90-day transition period at the beginning and end of the contract period. (See paragraph 5.1) The contract awarded under the solicitation will include a five-year BPA Blank Purchase Agreement.

1.8 Prior to first filling, contractor must perform in service training to include the following facets for contractor owned and government owned systems: the refill procedure, any preventative maintenance support requirements that may be needed from the Medical Center systems, and an explanation of all the volume alarms and low pressure set points. The contractor will provide written procedures and training for VA staff for protocols to accomplish emergency shutdowns or other sudden, unplanned termination of the refilling process. Contractor will provide 24/7 emergency contact name(s) and telephone number(s).

1.9 Prior to first filling, and annually thereafter, alarm set point testing and written verification must be presented using a qualified third-party expert per NFPA 99, latest Edition for contractor owned and government owned systems. Any code deficiencies in the Medical Center’s existing system, as defined by NFPA 50, 1.3.3, “Standard for Bulk Oxygen System”, NFPA 55 “Compressed Gases and Cryogenic Fluids Code and ANGI/CGA M-102018 “Standard for Medical Gas Supply Systems and health Care Facilities” must be identified by the contractor. A detailed explanation of these deficiencies must be present in writing to the COR. Receipt of this written explanation must be signed by the COR.

1.10 Prior to the first filling, and annually thereafter, the contractor must verify in writing the accuracy of all gauges on contractor owned tasks. If the gauge(s) are government owned, contractor will provide, if requested after award, a written proposal with price to verify accuracy of the gauges(s). This facility may choose to exercise this option at its desire.

2. Acronyms

2.1 This section lists acronyms that are used in this Statement of Work and other parts of the solicitation.

CCF – 100 cubic feet CF – Cubic feet CGA – Compressed Gas Association CGMP – Current Good Manufacturing Practices CO – Contract Owned COR – Contracting Officer Representative DOD – Department of Defense DOT – Department of Transportation FDA – U.S. Food and Drug Administration GO – Government Owned NFPA – National Fire Protection Association OGA – Other Government Agency (other than VA) OSHA – U.S. Department of Labor, Occupational Safety and Health Administration USP – United States Pharmacopeia VA – Department of Veterans Affairs

3. Government Furnished Property

3.1 The solicitation schedule will identify the bulk oxygen storage tank(s) at this facility as being CO (Contractor Owned).

3.2 This government facility currently has CO owned bulk storage. This facility will provide access to an electrical power source and hook-up of additional contractor owned equipment to the facility-maintained alarm system. The contractor shall perform the hook-up of contractor owned equipment to the facility-maintained alarm system.

4. Contractor-Furnished Equipment

4.1 The contractor shall provide, install, and maintain contractor owned bulk oxygen tank(s) with appropriate back-up system(s). Through the duration of the contract, the contractor shall be liable for the integrity, suitability, and safety of contractor supplied tanks that will ensure compliance with applicable regulations, standards, and normal good practices. The tank capacity and reserve system shown in the schedule are minimum capacities required by this facility. Manifold, cylinders for the reserve supply, liquid converter, alarm switch, regulator, valves, level indicator, and any other devices or connections required for proper tie-ins with the facility’s gas system shall be furnished by the contractor, without cost to this facility. The manifold or liquid converter shall deliver gas at a pressure and rate of flow adequate to supply the system. Each liquid oxygen storage container shall have an outlet that allows access for testing the purity of the oxygen.

4.2 All equipment and materials required to perform on the contract (other than what is specifically listed in section 3, Government-Furnished Property) shall be provided by the contractor must be in brand new condition. Contractor furnished equipment shall be installed, inspected, and maintained by the contractor without additional cost to the Government. (i.e., all installation, inspection, and maintenance costs shall be included in the contracts monthly equipment rental fee for this facility.) Contractor furnished equipment shall be kept in good operating condition and appearance, in accordance with applicable regulations, standards and normal good practices. The exterior appearance of the tanks shall be kept free of all rust, peeling, or flaking paint and any other exterior surface blemishes and or discoloration. The contractor shall be provided reasonable access to the bulk oxygen systems for this purpose.

4.3 The contractor shall provide, install a telemetry monitoring satellite system to automatically read the meter for deliveries. The installation, inspection and maintenance costs shall be included in the contract’s monthly equipment rental fee for this facility.

5. Installation of Contractor-Owned Equipment

5.1 Unless otherwise directed by this facility, contractor supplied equipment shall be installed by the effective date of the contract and shall be connected to the medical gas system on that date provided: that the contractor shall be allowed a maximum of ninety days after receipt of notice of award to complete installation. If the contractor’s equipment replaces equipment already in use, the exchange of equipment shall be accomplished without interruption of gas supply to this facility. Ownership of the contractor installed equipment shall not transfer to the government and equipment 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.

5.2 To permit orderly transition from one contractor to another, the contractor shall continue to honor the contract’s monthly equipment rental fee and bulk oxygen 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.

5.3 No guarantee is given or implied that the data included in the schedule regarding contractor owned equipment currently located at this facility is complete and accurate as to the factors affecting the cost of furnishing and installing the required contractor supplied tanks and appurtenances. Offerors are strongly encouraged to visit this facility site prior to submitting a bid and take other steps as may be reasonably necessary to ascertain the nature of location of the work, and the general and local conditions which can affect the work or the cost thereof. Failure to do so shall not relieve offerors from the responsibility of estimating properly the difficulty and cost of successfully performing the work. Site visits may be arranged by contacting the COR designated in the solicitation schedule.

5.4 All contractor supplied equipment shall be installed in accordance with the NFPA 50: Standard for Bulk Oxygen Systems at Consumer Sites, 2001, NFPA 99 Standard for Healthcare Facilities, latest Edition, and FDA’s Current Good Manufacturing Practices (CGMP) Regulations. The contractor shall comply with all OSHA standards and applicable safety requirements, including proper signage and use of personal protective equipment.

5.5 In addition to digital readout of tank parameters within Bldg. 1, the contractor will provide the West Haven/Newington Campuses VA Medical Center personnel with access to their website which shows these parameter values in real time.

6. Licensing, Authorization, and Selling Permissions

6.1 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.

6.2 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.

6.3 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.

7. Delivery of Medical Liquid Bulk Oxygen

7.1 Bulk Oxygen is ordered by and delivered to this individual ordering facility. Delivery hours are before 8:00am or after 4:00pm, Monday through Friday.

7.2 The contractor shall deliver medical-grade liquid oxygen every 21 days on Mondays, or when the reorder point for either tank is reached. If for any reason the contractor is unable to deliver at the agreed upon day or time, the contractor will provide 24-hour notice to the COR, so that the facility can initiate an alternate backup action. In accordance with VHA Patient Safety Alert dated April 6, 2004, all deliveries must be monitored by a qualified and trained technical representative that will be designated by this facility. In addition, VAPD will need to be notified to provide escort during delivery. Contractor will be provided with the names and contact information of primary and back-up facility representatives. This applies to all deliveries regardless of time or day of execution.

7.3 All deliveries must be signed for by a designated POC at the VA Medical Center. A delivery slip must be left for each delivery to verify against each invoice submitted

7.4 Tank(s) will be filled to a maximum functional capacity at each refilling procedure unless otherwise specified in this facility requirements or as agreed upon in a written document signed and dated by the COR.

7.5 At the time of each delivery, contractor must provide a legible signed and dated written document that identifies the tank level prior to fill, the level after fill, and the quantity delivered. This document must be counter-signed by this facility representative supervising the delivery.

7.6 Emergency delivery will be provided within 24 hours after receipt of Government notification. Contractor must respond to this facility by either telephone or e-mail 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, such as an actuated main bulk tank low level alarm, imminent alarm condition or system leak. 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.

7.7 Contractor shall provide the West Haven/Newington VA Medical Center COR a quarterly report of delivery dates and amounts to be tallied on a spreadsheet for the calendar year. Amounts shall be shown in cubic feet.

8. Quality Assurance Specification and Requirements

8.1 All medical gas manufactures and fillers of medical gases must be registered with FDA as drug manufacturers. All oxygen shall be manufactured, processed, packed, transported and stored according to FDA’s Current Good Manufacturing Practices (CGMO) Regulations, and all labeling shall comply with FDA’s labeling regulations (21 CFR Part 201).

8.2 All liquid bulk oxygen 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).

8.3 A valid certificate of analysis shall be provided with each delivery of liquid oxygen. 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 from full U.S.P. monograph testing. (A statement 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 U.S.P. specifications” is not acceptable; nor would “Tested via Servomex” be acceptable since the specific model number is not provided)

g. Signature of authorized supplier representative and date

8.4 Material Safety Data Sheets shall be provided to this facility COR upon request.

8.5 A copy of all inspection reports shall be provided to this facility COR upon the completion of any contractor owned or government owned bulk oxygen system inspectors that are required by regulation.

8.6 All contractor owned equipment shall be maintained or repaired in accordance with NFPA 50: Standard for Bulk Oxygen Systems at Consumer Sites, 2001 and FDA’s Current Good Manufacturing Practices (CGMP) Regulations.

9. Applicable Regulations & 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 0 CGMP regulations for supplying medical grade oxygen.

29 CFR 1910.104 Applies to the installation of bulk oxygen systems on industrial and institutional consumer premises.

49 CFR – Transportation Federal Food, Drug, and Cosmetic Act NFPA 50: Standard for Bulk Oxygen Systems at Consumer Sites, 2001 Edition NFPA 99: Standard for Health Care Facilities, Latest Edition U.S.P. 23

Density data and volume measurement equivalents published in Compressed Gas Association Pamphlet No. P-6, titled “Standard Density Data, Atmospheric Gases and Hydrogen” shall be used when necessary to convert measurement of gases from one form to another. For example, the following conversion factor shall apply for conversion from gallons to cubic feet.

Calculation based on data in CGA P-6

Therefore:

7.48052-gal (1ft3) liquid O2 = 860.6 ft3 gas

1 gal liquid O2 = 860.6 ft3 gas 7.48052

Records Management Identified for O2 Bulk Supply, Connecticut Health Care System.

The following standard items relate to records generated in executing the contract and should be included in a typical procurement contract (some may or may not apply to the current contract):

1. Citations to pertinent laws, codes and regulations such as 44 U.S.C chapters 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

2. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

3. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.

4. 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 by the Freedom of Information Act.

5. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

6. The Government Agency owns the rights to all data/records produced as part of this contract.

7. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

8. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

9. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

10. 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, this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Furnish and install medical grade bulk oxygen tanks in West Haven and Newington Contract Period: Base POP Begin: 07-05-2022 POP End: 07-04-2023 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6835 - Medical Gases

Supply medical grade bulk liquid oxygen West Haven

POP Begin: 07-05-2022 POP End: 07-04-2023

Supply medical grade bulk liquid oxygen Newington

POP Begin: 07-05-2022 POP End: 07-04-2023

Oxygen tank rentals for West Haven

POP Begin: 07-05-2022 POP End: 07-04-2023

Oxygen tank rentals for Newington

POP Begin: 07-05-2022 POP End: 07-04-2023

Emergency Delivery Fee

POP Begin: 07-05-2022 POP End: 07-04-2023

Supply medical grade bulk liquid oxygen West Haven

POP Begin: 07-05-2023 POP End: 07-04-2024

Supply medical grade bulk liquid oxygen Newington

POP Begin: 07-05-2023 POP End: 07-04-2024

Oxygen tank rentals for West Haven

POP Begin: 07-05-2023 POP End: 07-04-2024

Oxygen tank rentals for Newington

POP Begin: 07-05-2023 POP End: 07-04-2024

Emergency Delivery Fee

POP Begin: 07-05-2023 POP End: 07-04-2024

Supply medical grade bulk liquid oxygen West Haven

POP Begin: 07-05-2024 POP End: 07-04-2025

Supply medical grade bulk liquid oxygen Newington

POP Begin: 07-05-2024 POP End: 07-04-2025

Oxygen tank rentals for West Haven

POP Begin: 07-05-2024 POP End: 07-04-2025

Oxygen tank rentals for Newington

POP Begin: 07-05-2024 POP End: 07-04-2025

Emergency Delivery Fee

POP Begin: 07-05-2024 POP End: 07-04-2025

Supply medical grade bulk liquid oxygen West Haven

POP Begin: 07-05-2025 POP End: 07-04-2026

Supply medical grade bulk liquid oxygen Newington

POP Begin: 07-05-2025 POP End: 07-04-2026

Oxygen tank rentals for West Haven

POP Begin: 07-05-2025 POP End: 07-04-2026

Oxygen tank rentals for Newington

POP Begin: 07-05-2025 POP End: 07-04-2026

Emergency Delivery Fee

POP Begin: 07-05-2025 POP End: 07-04-2026

Supply medical grade bulk liquid oxygen West Haven

POP Begin: 07-05-2026 POP End: 07-04-2027

Supply medical grade bulk liquid oxygen Newington

POP Begin: 07-05-2026 POP End: 07-04-2027

Oxygen tank rentals for West Haven

POP Begin: 07-05-2026 POP End: 07-04-2027

Oxygen tank rentals for Newington

POP Begin: 07-05-2026 POP End: 07-04-2027

Emergency Delivery Fee

POP Begin: 07-05-2026 POP End: 07-04-2027

B.4 DELIVERY SCHEDULE

950 Cambell Dr West Haven, CT 06516 2770

USA

555 Willard Ave.

Newington, CT 06111 United States

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

C.2 52.222-19 CHILD LABOR—COOPERATION WITH AUTHORITIES AND REMEDIES (JAN 2020) (JUL 2020) (DEVIATION)

(a) Applicability. This clause does not apply to the extent that the Contractor is supplying end products mined, produced, or manufactured in—

(1) Israel, and the anticipated value of the acquisition is $50,000 or more;

(2) Mexico, and the anticipated value of the acquisition is $83,099 or more; or

(3) Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Italy, Japan, Korea, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or the United Kingdom and the anticipated value of the acquisition is $182,000 or more.

(b) Cooperation with Authorities. To enforce the laws prohibiting the manufacture or importation of products mined, produced, or manufactured by forced or indentured child labor, authorized officials may need to conduct investigations to determine whether forced or indentured child labor was used to mine, produce, or manufacture any product furnished under this contract. If the solicitation includes the provision 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products, or the equivalent at 52.212-3(i), the Contractor agrees to cooperate fully with authorized officials of the contracting agency, the Department of the Treasury, or the Department of Justice by providing reasonable access to records, documents, persons, or premises upon reasonable request by the authorized officials.

(c) Violations. The Government may impose remedies set forth in paragraph (d) for the following violations:

(1) The Contractor has submitted a false certification regarding knowledge of the use of forced or indentured child labor for listed end products.

(2) The Contractor has failed to cooperate, if required, in accordance with paragraph (b) of this clause, with an investigation of the use of forced or indentured child labor by an Inspector General, Attorney General, or the Secretary of the Treasury.

(3) The Contractor uses forced or indentured child labor in its mining, production, or manufacturing processes.

(4) The Contractor has furnished under the contract end products or components that have been mined, produced, or manufactured wholly or in part by forced or indentured child labor. (The Government will not pursue remedies at paragraph (d)(2) or paragraph (d)(3) of this clause unless sufficient evidence indicates that the Contractor knew of the violation.)

(d) Remedies.

(1) The Contracting Officer may terminate the contract.

(2) The suspending official may suspend the Contractor in accordance with procedures in FAR Subpart 9.4.

(3) The debarring official may debar the Contractor for a period not to exceed 3 years in accordance with the procedures in FAR Subpart 9.4.

(End of Clause)

C.3 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Clause) C.4 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.] [] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[X] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[X] 852.233–70, Protest Content/Alternative Dispute Resolution.

[X] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[X] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[X] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause) C.5 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes VAAR 852.219-10 VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause) C.6 VAAR 852.219-78 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (SEP 2021) (DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(k)(2), the offeror certifies that—

(1) If awarded a contract (see F(a)FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows: [Offeror check the appropriate box]

(i) [ ] In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(ii) [ ] In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) is granted. The offeror understands that, as provided in 13 CFR 121.406(b)(7), such a waiver has no effect on requirements external to the Small Business Act, such as the Buy American Act or the Trade Agreements Act.

(2) Manufacturer or nonmanufacturer representation and certification. [Offeror fill-in—check each applicable box below. The offeror must select the applicable provision below, identifying itself as either a manufacturer or nonmanufacturer]:

(i) [ ] Manufacturer or producer. The offeror certifies that it is the manufacturer or producer of the end item being procured, and the end item is manufactured or produced in the United States, in accordance with paragraph (a)(1)(i).

(ii) [ ] Nonmanufacturer. The offeror certifies that it qualifies as a nonmanufacturer in accordance with the requirements of 13 CFR 121.406(b) and paragraph (a)(1)(ii). The offeror further certifies it meets each element below as required to qualify as a nonmanufacturer. [Offeror fill-in—check each box below.] [ ] The offeror certifies that it does not exceed 500 employees (or 150 employees for the Information Technology Value Added Reseller exception to NAICS code 541519, which is found at 13 CFR 121.201, footnote 18).

[ ] The offeror certifies that it is primarily engaged in the retail or wholesale trade and normally sells the type of item being supplied.

[ ] The offeror certifies that it will take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice.

(iii) [ ] The offeror certifies that it will supply the end item of a small business manufacturer, processor, or producer made in the United States, unless a waiver as provided in 13 CFR 121.406(b)(5) has been issued by SBA. [Contracting Officer fill-in or removal (see 13 CFR 121.1205). This requirement must be included for a single end item. However, if SBA has issued an applicable waiver of the nonmanufacturer rule for the end item, this requirement must be removed in the final solicitation or contract.] or [Contracting Officer tailor clause to remove one or other block under subparagraph (iii).] [ ] If this is a multiple item acquisition, the offeror certifies that at least 50% of the estimated contract value is composed of items that are manufactured by small business concerns. [Contracting Officer fill-in or removal. See 13 CFR 121.406(d) for multiple end items. If SBA has issued an applicable nonmanufacturer rule waiver, this requirement must be removed in the final solicitation or contract.]

(3) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

(4) If VA determines that an SDVOSB/VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:

(i) Referral to the VA Suspension and Debarment Committee;

(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and

(iii) Prosecution for violating section 1001 of title 18.

(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract or to determine whether the offeror qualifies as a manufacturer or nonmanufacturer in compliance with the limitations on subcontracting requirement. Contracting Officer may, at their discretion, require the Contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the Contracting Officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.

(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed, and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation…