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36C24222Q0735

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE

DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a.

PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE

ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

26.

TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212

-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNAT

URE 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

Multiple 36C24222Q0735 06-08-2022 Cunningham, Charnell 908-549-9273 06-27-2022 10:00am

EDT

36C242 Department of Veterans Affairs Network Contracting Office 2 James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx NY 10468-3904 X x 325120 1000 Employees N/A X Multiple Locations See Section 22 in the SOW for Delivery Locations

36C242 Department of Veterans Affairs James J. Peters VA Medical Center Network Contracting Office 2 130 West Kingsbridge Road Bronx NY 10468-3904

Tungsten Network https://www.tungsten-network.com/ customer-campaigns/veteransaffairs/

See CONTINUATION Page Contractor shall provide medical grade bulk liquid oxygen and associated services for the facilities located in VISN 2 (DOWNSTATE ONLY: Bronx, Northport, Castlepoint, East Orange, Lyons, Manhattan, Brooklyn, and St. Albans campuses). Refer to Section 22 in the Statement of Work.

This requirement is being procured in accordance with FAR 12 Acquisition of Commercial Items and FAR 13 Simplified Acquisition Procedures.

Please refer to Section E.1 Instructions to Quoters for how to submit a proper quote and Section E.7 Evaluation - Commercial Items A site visit has been scheduled at each facility. Interested Parties should email the Contracting Officer, Charnell Cunningham at Charnell.Cunningham@va.gov for site visits dates, time and locations Last day for all questions to be submitted is June 22, 2022.

See CONTINUATION Page Multiple x X X Cunningham, Charnell Table of Contents

SECTION A1
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES1
SECTION B - CONTINUATION OF SF 1449 BLOCKS4
B.1 CONTRACT ADMINISTRATION DATA4
B.2 STATEMENT OF WORK………………………………………………………………….5
B.3 PRICE/COST SCHEDULE23
SECTION C - CONTRACT CLAUSES24
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)24
C.2 52.216-18 ORDERING (AUG 2020)30
C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)30
C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)31
C.5 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997)31
C.6 SUPPLEMENTAL INSURANCE REQUIREMENTS32
C.7 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)32
C.8 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)32
C.9 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)33
C.10 VAAR 852.212-71 GRAY MARKET ITEMS (APR 2020)35
C.11 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION)35
C.12 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)37
C.13 VAAR 852.237-75 KEY PERSONNEL (OCT 2019)38
C.14 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)38
C.15 VAAR 852.271-74 INSPECTION OF INSTRUCTION, COUNSELING OR TESTING OPERATIONS (NOV 2021)38
C.16 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)38
C.17 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2022)39
C.18 MANDATORY WRITTEN DISCLOSURES47
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS48
ATTACHED PRICE SCHEDULE……………………………………………………………..48
SECTION E - SOLICITATION PROVISIONS49
E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)49
E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)56
E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)59
E.4 52.216-1 TYPE OF CONTRACT (APR 1984)60
E.5 52.233-2 SERVICE OF PROTEST (SEP 2006)60
E.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)61
E.7 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)61
E.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)62

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 36C242 Charnell Cunningham Department of Veterans Affairs Network Contracting Office 2 James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx NY 10468-3904

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

[X]
52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or
[]
52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly[]
b. Semi-Annually[]
c. Other[X] Monthly, Upon receipt of bulk liquid oxygen tank fills

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.

Financial Services Center Invoices to be submitted electronically www.ob10.com/us/en/veterans-affairs/ E-Invoice setup info phone 877-489-6135

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

AMENDMENT NO
DATE

B.2 STATEMENT OF WORK

VISN 2 Medical Grade Liquid Bulk Oxygen

1) Introduction and Background

Engineering Service at all VISN 2 Medical Centers are committed to serving our Veterans patients, providing the best possible environment for health care to veterans and the highest standards of service to customers. We do this by improving and maintaining our physical structures and by providing the equipment and supplies necessary to support excellence in health care.

2) Objectives

Establish a committed source of supply and an IDIQ contract with a well-qualified firm to provide medical grade liquid bulk oxygen as described herein, The Veterans Health Administration (VHA), Veteran Integrated System Network (VISN) 2, has established an ongoing requirement that requires a contractor to provide Medical Grade Bulk Liquid Oxygen. If the Government facility does not own its own bulk oxygen tank system, the contractor shall provide a contractor-owned tank system with an appropriate backup system (i.e., reserve tank or cylinder bank). The contractor shall provide all needed components to support a Food and Drug Administration (FDA) medical grade bulk liquid oxygen tank system in compliance with the National Fire Protection Agency (NFPA) 99: Health Care Facilities Code. Additionally, the contractor must utilize an off-site, automatic monitoring system (telemetry system) that independently monitors the system and notifies the contractor when refills are required.

3) Pricing Periods

This contract will have a five-year ordering period, with pricing periods identified below.

· Pricing Period One – Date of Award to 7/31/2023

· Pricing Period Two - 8/1/2023 to 7/31/2024

· Pricing Period Three - 8/1/2024 to 7/31/2025

· Pricing Period Four - 8/1/2025 to 7/31/2026

· Pricing Period Five - 8/1/2026 to 7/31/2027

4) Contract Values

a) The quantities shown in the price schedule are estimates of each facility’s annual requirements. There is no express or implied guarantee that these quantities will be purchased. The base contract period under this solicitation will be determined when the contract is awarded. Please note that this contract may include the installation of CONTRACTOR OWNED EQUIPMENT. If the contractor must install their bulk oxygen tank, there is a ninety (90) calendar day period at the beginning and end of the contract period.

5) Responsibilities

· Contracting Officer Representative (COR) are responsible for the local contract administration issues and providing specific delivery instructions. A letter of delegation that outlines the COR’s specific responsibilities will be provided to the contractor and COR(s) at the time of contract award. Within (15) fifteen calendar days after notification of contract award the contractor shall meet with the COR(s) to ensure mutual understanding of the facility requirements relating to the ordering method and specific details of any delivery instructions that are included in the solicitation schedule.

· Prior to the first filling the contractor shall provide written procedures and initial in-service training at all facilities to VA staff on protocols to ensure safety on and around the tank systems at the time of initial filling of any new or upgraded bulk oxygen tank systems and to include the following facets for contractor owned and government owned systems.

a. The refill procedure,

b. Any preventive maintenance support requirements that may be needed from the medical center,

c. Review the preventive maintenance schedule on the contractor owned equipment and the frequencies the contractor shall be performing these procedures,

d. An explanation of all the volume alarms and low pressure set points,

e. Ensure that all valves are appropriately labeled in accordance with all rules, regulations, applicable codes and current NFPA-99 standards,

f. The contractor shall provide additional safety training and written procedures and as needed by each facility to accomplish emergency shutdowns or other sudden unplanned termination of the refilling process.

g. The contractor shall provide 24/7 emergency contract information to include names, telephone number(s), fax number(s) and email addresses that are actively answered 24 hours a day 7 days per week.

· Prior to the first filling and annually thereafter alarm set point testing and alarm signal verification at all Master Alarms shall be accomplished. Written verification must be presented through the use of a qualified third-party certifier in accordance with NFPA 99 for contractor owned and government owned systems.

· Any code deficiencies in the Medical Center’s existing system as defined by National Fire Protection Association (NFPA) 50, Section 1.3.3 “Bulk Oxygen Systems” shall be identified by the contractor. A detailed explanation of these deficiencies shall be presented in writing to each COR. Receipt of this written explanation must be signed for by each COR.

· Prior to first filling and annually thereafter the contractor shall verify in writing the accuracy of all gauges on contractor owned tanks. If the gauges are government owned contractor shall provide if requested after award a written proposal with price to verify the accuracy of the gauges. The US Government may choose to exercise this option at its desire.

6) Acronyms

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

· COR – Contracting Officer Representative

· DOT – Department of Transportation

· FDA – US Food & Drug Administration

· GO – Government Owned

· NFPA – National Fire Protection Association

· OGA – Other Government Agency – (other than VA)

· OSHA – US Department of Labor Occupational Safety and Health Administration

· USP – United States Pharmacopeia

· VA – Department of Veterans Affairs

7) Ordering

· In the event that medical grade bulk liquid oxygen is ordered through telemetry systems based on automatic monitoring of the bulk liquid oxygen tank system’s established fill point, orders with the contractor are considered to be placed when the telemetry system alerts the contractor that the fill point has been reached. VA facilities may accept the standard fill point established by the Contractor. However, VA Safety and/or Engineering personnel reserve the right to establish different fill point settings for the bulk liquid oxygen tank systems. Any amended fill point settings will be communicated to the Contractor by each facility’s Ordering Officials or COR.

· In the event telemetry is not used to signal the contractor to initiate a delivery request, orders shall be placed with the Contractor only by ordering officials through fax or e-mail at the address/fax number and contact listed below:

FAX Number:

Email Address:

Department:

Name of Contact Person:

Address

8) Delivery of Medical Liquid Bulk Oxygen

· Bulk oxygen is ordered by and delivered to the ordering facility in accordance with the unique delivery requirements in Section 22 (below).

· The contractor shall deliver medical-grade liquid oxygen within the time frame specified in Section 22 for each facility. The time frame identified may be either the number of calendar days after receipt of the Government’s order; the specific days of the week for delivery; the specific time intervals between deliveries; a specified reorder point; or other specified ordering and delivery method(s) and schedule.

· If the time frame for contractor delivery is not identified in the facility requirements the contractor shall provide 24-hour notice prior to delivery; or upon mutual agreement between the facility and the contractor, alternate ordering deliver methods such as pre-scheduled deliveries, calling for tank level readings, installing a telemetry unit etc. may be arranged. If for any reason the contractor is unable to deliver at the agreed upon day or time the contractor shall provide a 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 5, 2004, all deliveries shall be monitored by a qualified and trained technical representative that will be designed by the facility.

· Tank(s) shall be filled to maximum functional capacity each time the tank is refilled or as agreed upon in a written document signed and dated by the CORs.

· At the time of each delivery the contractor shall provide to the VA facilities a legible signed and dated document and/or electronic delivery slip that identifies the tank level prior to the fill, after the fill and the quantity delivered at the time of delivery. This document must be countersigned by the facility representative supervising the delivery. Delivery audits shall be performed by the facility and matched for accuracy. The driver shall convert gallons to ft3 (CF) and CCF quantity and shall list these numbers on the delivery slip to be consistent with the detail on the invoice so to provide accuracy for invoice certification.

· Emergency delivery shall be provided within 24 hours after receipt of the Government notification. Contractor shall respond to the facility COR by either telephone or email within one hour to confirm receipt of an emergency notification to ascertain the nature of the emergency. The emergency status shall be determined by the Government when conditions warrant, such as an actuated main bulk tank low level alarm, imminent alarm condition, or system leak requires a refill in 24 hours.

NOTE: Failure of the contractor to remain current with agreed delivery schedule and requirements does NOT constitute an “emergency” for the purposes of charging an emergency delivery fee.

· Once validated, the facility shall post the facility and Contractor contact names and numbers on the oxygen tank system and at each monitoring point at the facility so that 24/7 supplier staff coverage is assured.

· The contractor shall not be required to make non-emergency deliveries on federally observed holidays. When the normal delivery day falls on a federal holiday, the contractor shall deliver on the workday preceding that holiday. The following holidays are observed by the Federal Government (as well as any other day that is declared a national Holiday per an Executive Order issued by the President):

· New Year’s Day

· Martin Luther King’s Birthday (3rd Monday in January)

· President Day (3rd Monday in February)

· Memorial Day (last Monday in May)

· Independence Day (July 4th)

· Labor Day (1st Monday in September)

· Juneteenth (June 19th)

· Columbus Day (2nd Monday in October)

· Veterans Day (November 11th)

· Thanksgiving Day

· Christmas Day

NOTE: If the holiday falls on a Saturday, it is officially observed on the Friday before the holiday. If the holiday falls on a Sunday, it is officially observed on the Monday following the holiday.

9) Quality Assurance Specifications & Requirements

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

· All liquid bulk oxygen delivered under this 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.

· A valid certificate of analysis shall be provided with each delivery of liquid oxygen. The certificate shall include at a minimum the following:

1. Manufacturer’s name and complete address,

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

3. An Air Liquefaction Statement where appropriate,

4. Lot Number or other unique identification number,

5. Actual analytical results for full U.S.P. monograph testing is an FDA regulation under 21 CRF 211 Subpart E. (A statement that only states that the product meets the minimum of purity of 99.5% etc. is NOT acceptable.)

6. Test method used to perform the analysis must be based on approved methods from current good manufacturing practice for medical gases guidance. (A statement such as “Meets U.S.P. specifications” is NOT acceptable nor shall “Tested via Servomex” be acceptable since the specific model number is not provided.)

7. Signature of authorized manufacturer representative and date.

· A Safety Data Sheet (SDS) shall be provided to each facility COR prior to the first delivery.

· A copy of all inspection reports and training certificates shall be provided to each facility COR upon the completion of any Contractor owned or Government owned bulk oxygen system inspections that are required and at a minimum done annually and consistent with NFPA 55 and NFPA 99 code requirements.

· All contractors owned bulk tank systems shall be maintained or repaired in accordance with NFPA 50 Code requirements (Current Edition) and FDA’s Current Good Manufacturing Practices regulations.

· A copy of the preventive maintenance procedures and scheduled timeframes shall be provided to each COR prior to the exchange of contractor owned equipment and the first fill.

· 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.

10) 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 shall be responsible for ensuring that ALL products, bulk tank systems, and services provided under the contract are in compliance with applicable current 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.

Current Edition of:

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

2. 29 CFR 1910.104 applies to the installation of bulk oxygen systems on industrial and institutional consumer premises.

3. 49 CFR; Transportation

4. Federal Food, Drug and Cosmetic Act

5. NFPA 55: Compressed Gases and Cryogenic Fluids Code

6. NFPA 99; Standard for Health Care Facilities Code

7. U.S.P. 23

8. ANSI/CGA M-1 2018 Standard for Medical Gas Supply Systems at Health Care Facilities.

11) Government-Furnished Property

· The Solicitation shall identify the bulk oxygen storage tanks(s) at the facility as either owned (Government Owned (GO)) or rented (Contractor Owned (CO))

· Government owned bulk oxygen storage tanks and appurtenances will be maintained by and at the expense of the Government in a manner that will ensure compliance with applicable federal and state regulations, standards, and commercial practices. The government is responsible for providing a pad sufficiently rated by a Certified Project Engineering to support main and reserve tanks filled to full capacity. This includes security fencing, NFPA 55 & 99 code compliance, and safe access for resupply operations.

· If the facility requires installation of contractor owned equipment the facility shall provide a suitable location and foundation for the installation of the contractor owned bulk oxygen tanks(s).

· Additionally, each facility shall provide access to an electrical power source and hook-up to a facility-maintained alarm system. The contractor shall assist VA electricians with hooking up the facility-maintained alarm system, consistent with NFPA 55 & 99 code requirements, which require an uninterrupted electrical connection between the alarm panel(s) inside the facility and the gauges on the tanks. The contractor must have the required conduits on site.

· Upon award of the contract, all Government Owned bulk tank systems and materials must be inspected by the contractor at the contractor's expense. Upon inspection, the contractor shall immediately notify the Contracting Officer if the contractor will not be able to fill the bulk oxygen tank system because of issues related to the tank system, pad, or access to the tank system. Each facility will provide the contractor reasonable access to the areas where work is required to be performed. Additional issues associated with Government-Owned equipment are the responsibility of the Government. The contractor shall determine the pressure and rate of flow needed at each facility based on VA provided information listed in Section 22.

· The Government will be responsible for annual maintenance and testing of Government Owned property to ensure safety, in accordance with applicable regulations and standards.

· The contractor is responsible for performing minor maintenance on the Government Owned bulk tank systems. Minor maintenance required of the contractor includes validating that the fittings are securely fastened to the system, testing, minor de-icing, and adjusting alarms as required. Also, if applicable, the contractor shall provide documentation and training on how to de-ice the tank system in order to prevent damage (which could void the warranty between the VA and the tank manufacturer).

12) Contractor Furnished Equipment

· For those facilities having contractor owned bulk tank systems the contractor shall provide, install and maintain bulk oxygen tank system(s) with an appropriate back-up system through the duration of the contract. The contractor may either purchase the existing bulk liquid oxygen tank system from the incumbent (if available) or replace the current bulk liquid oxygen tank system with its contractor owned bulk liquid oxygen tank system. Throughout the duration of the contract, the contractor shall be liable for the integrity, suitability and safety of contractor owned tank system(s) that will ensure compliance with applicable regulations standards, and commercial practices. The tank capacity and reserve system shown in the schedule are minimum capacities required by the facility. The manifold or liquid converter must deliver medical-grade liquid bulk oxygen at a pressure and rate of flow adequate to supply the system. Each liquid oxygen storage container must have an outlet that allows access for testing the purity of the oxygen.

· The contractor shall install required valves in a location to allow for proper operation without the potential interference of ice buildup. Pipe insulation shall be installed to prevent ice buildup on piping, valves, unions, etc. prior to the first fill.

· For those facilities having contractor owned tanks the contractor shall provide telemetric equipment to take daily tank readings automatically. This is not a requirement for sites with government owned tanks, but for all facilities which have contractor owned tanks, this is a mandatory requirement.

· All equipment and materials required to perform the work in this contract (other than what is specifically listed in Government Furnished Property) shall be provided by the contractor. The contractor owned 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 contractor’s monthly equipment rental fee for the facility. The contractor owned equipment shall be kept in commercial operating condition and appearance in accordance with applicable regulations standards and normal good practices. (Like-new condition). The contractor shall be provided reasonable access to the bulk oxygen systems for this purpose. The oxygen tanks shall be secured behind fence secured with a VA owned lock.

· The option for a facility to expand its capacity to ensure the facility is meeting minimum needs for growth throughout the life of the contract will be assessed by the individual facility. Each facility will identify any additional Bulk Oxygen Tank Systems it may need on its campus. The contractor shall work with the VA facility engineers and plumbers to locate the correct pipes for temporary tank system hook up. The VA facility will have full H cylinders as backup measures on hand to cover every inpatient bed currently hooked up to receive bulk oxygen from internal pipes.

· If the incoming contractor subleases the liquid bulk oxygen tank system from another company, the contractor shall provide a copy of the lease agreement to the VA. The contractor shall then, prior to the initial filling of the tank system, conduct necessary inspection and testing of the tank system to ensure proper and safe function and shall provide a certificate of analysis of the system to the VA. The contractor shall be responsible for maintaining the sub-leased liquid bulk oxygen tank system and must perform all required distribution fills and maintenance of the equipment.

· In addition to the maintenance requirements identified above, the contractor is also responsible for performing minor maintenance on all contractor-furnished bulk tank systems. Minor maintenance from the contractor shall include validating that the fittings are securely fastened to the system, testing, minor de-icing, and adjusting alarms as required. Training staff on de-icing is required for stations that reserve the right to de-ice. If false alarms are pinging from the tank system, the contractor shall fix and resolve the issue at no cost to the Government.

· The VA will report to the contractor any instances of major ice build-up on the tank system, vaporization tubes, or any connecting valves, tubing or pipes, or any other maintenance issue not covered by the minor maintenance performed by the contractor. Upon notification of the issue, the contractor shall perform an on-site inspection of the major icing issue/maintenance issue. The contractor shall furnish a detailed quote utilizing contract pricing for the removal of the ice within 24 hours of inspection. The VA will review the quote and, if the VA approves, issue a separate delivery order/task order to have the contractor perform the needed maintenance service. Contractor shall then perform the quoted service in order to maintain the equipment, so as not to cause damage and to ensure the continued proper operation of the bulk liquid oxygen tank system. The performance of this delivery order/task order is to be completed within 72 hours after receipt of order.

13) Installation of Contractor Owned (CO) Bulk Tank System

· In coordination with the using facility and the incumbent contractor, contractor-owned bulk tank systems must be installed, connected, and fully functional within ninety (90) calendar days of the effective date of the contract. If the contractor’s bulk tank system replaces the incumbent’s bulk tank system or a GO bulk tank system already in use, the exchange of bulk tank system must be accomplished without interruption of medical grade liquid bulk oxygen supply to the using facility. Contractor installed bulk tank system shall remain the property of the contractor and shall be removed upon termination of the contract, when directed by the ordering facility and in full cooperation with the succeeding contractor to avoid interruption of medical grade liquid bulk oxygen supply.

· The contractor shall provide a complete contingency plan that must be approved and tested by VA’s Emergency Management Department prior to swap out. Portable tank systems, including refills if necessary, during the swap out, liquid converter, alarm switch, regulator, valves, level indicator, and any other devices or connections required for proper tie-ins with the facility's medical-grade liquid bulk oxygen system must be furnished by the contractor without cost to the Government during the swap out. If the VA requires additional contingency items, such as more than one portable tank system, the contractor shall provide these systems at no additional cost to the Government and remove them within a week after the swap out.

· Phase-in rental: The initial rental period shall begin on the date the bulk tank system is 100% operational. The initial rental amount shall be pro-rated based on the remaining days in the month the system becomes operational.

· All contractor owned bulk tank systems must be installed in accordance with NFPA 55: Compressed Gases and Cryogenic Fluids Code, Current Edition, NFPA 99: Health Care Facilities Code, Current 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.

Contractor shall have a CERTIFIED mobile portable unit available during the transition between the old and new systems. This system shall be used during the removal of the old system and prior to the final gas analysis testing and acceptance of the new system. In the event the hospital has a 50 PSI inlet, the portable system shall be 50 PSI compatible.

NOTE: There shall be no interruption of service to the facility.

· 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 (90) calendar days beyond the scheduled expiration of the contract period, unless transition from one contractor to another is completed prior to the ninety (90) calendar 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 the transition period.

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

14) Licensing, Authorization, and Selling Permissions

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

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

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

15) Liability Insurance Requirement

· The contractor shall maintain liability insurance in the amount $1 million per occurrence and shall provide an annual Certificate of Liability to the VA. The contractor shall provide Certificate of Liability with their quote.

16) Conduct of Personnel

· Contractor/Sub-Contractor employees shall conduct themselves in a professional and/or a socially acceptable manner. Loudness, vulgarity, rudeness, or other similar offensive conduct by an employee of the Contractor/Sub-Contractor shall be grounds for denying the employee further access to the VA premises.

· The Contractor/Sub-Contractor employee(s) shall always wear visible identification on uniform shirt and badge while on the premises. The delivery truck must be clearly and appropriately labeled with Contractor/Sub-Contractor signage when on VA medical facility and/or Warehouse.

17) Emergency Supply Support

· The contractor shall, upon contract award, provide a written action plan and protocols in place that shall ensure compliance with the VA’s requirements under the contract in the event of a declared National or State Emergency which affects the Contractor’s ability to perform. The contractor shall provide annual updates to this plan over the life of the contract. In the event the plan is implemented the contractor shall provide notification of implementation of the action plan and protocols within 48 hours of any declared National or State Emergency to the Contracting Officer and COR. In the event that a declared National or State Emergency has been declared at the time of award the contractor shall submit the written action plan and protocols to the Contracting Officer and COR within 72 hours of award notification.

18) De-Installation of Contractor Furnished Tank System

· Phase Out: The contractor realizes that the supplies being provided under this contract are vital and must be continued uninterrupted. The outgoing contractor shall not remove any bulk tank system from the facility until a replacement bulk tank system or a temporary liquid bulk oxygen supply has been successfully installed guaranteeing supply to the VA facility. In the case where the incoming contractor is not the incumbent, the outgoing contractor shall coordinate bulk tank system/services transition with the incoming contractor beginning at 90 days prior to the end of the contract, assuming a new contractor has been identified at that time. The contractor shall continue to provide and maintain its bulk tank system during this transition period. If additional transition time is required beyond contract expiration, a separate Purchase Order will be issued to the contractor for the payment of services on a pro-rated basis. Pro-rated monthly rates are based on a 30-day month. Contractor agrees that the rates in effect at the time its contract expires will remain in effect under this separate purchase order.

19) Invoice and Payment

· At the time of delivery, a legibly signed and dated proof of delivery (POD) document must be provided by the contractor that identifies the tank system level prior to filling, the level after fill, and the quantity delivered in gallons, CFs and CCFs. The driver shall insure that the conversion between gallons, ft³ (CF), and CCF quantity is accurate so that these numbers listed on the delivery slip will be consistent with the details on the resulting invoice in order to facilitate invoice certification. The invoice that is submitted must match the delivery quantity on the POD document and must be invoiced in CFs.

20) Security

· Delivery personnel must have in their possession for inspection by VA Police Department a valid state or government issued identification such as drivers’ license or passport.

· Personnel may be required to surrender their ID to the VA Police to obtain a temporary day pass at the discretion of VA Police. ID will be returned upon leaving US Government property.

· The Certification and Accreditation (C&A) requirement do not apply, and the Security Accreditation Package is not required.

21) Additional Requirements

· Contractor shall complete a risk assessment for the bulk oxygen storage & supply system location.

· Contractor shall complete a risk assessment to determine the need for a secondary emergency fill location.

· Contractor shall provide the COR with a written electronic and hard copy of the risk assessments as mentioned above within thirty (30) calendar days of award.

· The cost of installation of any systems recommended by these risk assessments is specifically NOT included in the cost of this contract and shall be borne by the US Government.

· The contractor shall have portable emergency, 50 psi tank or bulk system trucks to provide in an emergency which renders the hospital’s liquid bulk oxygen system non-operational. The contractor shall include how many such trucks are available in their region, the extent of their region, and the minimum amount of time it would take to have a truck on-site, barring a natural disaster which affects multiple hospitals. A minimum response time would be 8 hours.

22) Place of Delivery

New York Harbor Healthcare System (630) Brooklyn Campus 800 Poly Place Brooklyn, NY 11209

Oxygen, Medical Liquid Bulk Tank Capacity: 691,000 CF GO B/U Type: RST B/U Capacity: 159,600 CF GO Primary Tank 6000 Gal Reserve Tank 525 Gals Delivery Requirements: 2 Days ARO Delivery Impediments: Tanks are located at the southwest corner of building 1 adjacent to the loading dock area. The delivery vehicle will have to navigate a congested parking lot in order to access and resupply the tanks.

Delivery Instructions: Brooklyn delivery 6PM to 12Am M-F. Driver must contact VA Police & Security to gain access to enclosure for main and reserve tanks.

New York Harbor Healthcare System (630) Manhattan Campus Phone:

423 East 23rd Street New York, NY 10010

Oxygen, Medical Liquid Bulk Tank Capacity: 690,600 CF CO (6,000 Gal) B/U Type: RST B/U Capacity: 77,693 CF CO (675 Gal) Delivery Requirements: 2 Days ARO Delivery Impediments: Tanks are located at the north-east corner of building 1 adjacent to the loading dock area. The delivery vehicle will have to navigate a congested parking lot in order to access and resupply the tanks.

Delivery Instructions: Manhattan Preferred delivery times are between 6PM to 5AM M-F , and anytime on weekends and holidays. Contact night engineer through VA police service when arriving.

NOTE: Due to a new foundation being done at the Manhattan campus, there is a temporary rental tank at the Manhattan campus for Bulk Oxygen. The manufacturer of the tank is Air Product. The tank is approximately a 9,000 gal. Main Tank, 1500gal Reserve Tank, (2) VAI 836 FL12 Vaporizers w/switching gear, (1) VAI 806 FL12 Reserve Vaporizer, Solar Powered Cellular Telemetry and 1” Medical PCM.

Upon award, the awardee will have thirty days to install their temporary rental tank. Once the foundation is complete, Manhattan will rent a bulk oxygen tank from the awardee. The tank must be the same size 9,000 gal as the temporary rental tank.

New York Harbor Healthcare System (630) St. Albans Campus 179-00 Linden Boulevard St. Albans, NY 11425

Oxygen, Medical Liquid Bulk Tank Capacity: 77,600 CF CO B/U Type: RST B/U Capacity: 9,200 CF CO Primary tank 900 Gal Reserve Tank 120 Gal Delivery Requirements: 2 Days ARO Delivery Impediments: Tanks are located behind building 89 in the central courtyard next to receiving.

Delivery Instructions: Delivery between 8:00 am and 4:30 pm only, M-F.

VA Hudson Valley Healthcare System (620) Castle Point Campus 41 Castle Point Road Wappinger’s Falls, NY 12590

Oxygen, Medical Bulk Tank Capacity: 345,300 CF CO (3,000 Gal) B/U Type: RST B/U Capacity: 70,789 CF CO (615 Gal) Delivery Requirements: 2 Days ARO

Delivery Impediments: Tanks are located in between building 35 and building 88. There is a congested parking lot that the truck will have to navigate to access the tanks. There is a congested out-patient parking lot that the delivery truck will have to navigate to access the tanks.

Delivery Instructions: Delivery must be after 6:00 pm and before 10:00 pm Monday thru Friday. Driver must contact VA Fire Department to gain access to enclosure for main and reserve tanks. All deliveries shall be supervised by VA Fire Department personnel and they must sign the final delivery document and receive copies of the delivery document and the Certificate of Analysis at the time of delivery. Electronic copies of the delivery documents and Certificate of Analysis shall be provided to the COR within (3) three days of delivery.

VA Northport Campus (632) 79 Middleville Road Bldg. 200 Northport, NY 11768

Oxygen, Medical Bulk Tank Capacity: 690,600 CF CO (6,000 Gal) B/U Type: RST B/U Capacity: 103,590 CF CO (900 Gal) Delivery Requirements: 2 Days ARO Delivery Impediments: Per VA policy, only a VA padlock will be used at the Bulk Pad. Bulk Oxygen Tanks are located on the west side of Building 200 by loading dock. The delivery vehicle will have to back through narrow passageway in order to access and resupply the tanks.

Delivery Instructions: Deliveries must be made Monday – Friday, 8:00am – 4:30pm. If delayed unavoidably by traffic, notify COR M-F before 4:30 pm. Deliveries shall be made a maximum of 2 days after telephone notification of a pending liquid-level-low alarm, or 2 days after reported levels reach re-order points pre-established by company and COR for Main and/or Reserve tanks. Re-order point shall be pre-determined based upon usage rates and alarm point settings. If alarm point is expected to be reached over a weekend or holiday, the delivery must be made prior to the weekend or holiday. Once established, it shall not be considered acceptable for alarm point to be reached prior to a re-fill. Upon delivery truck arrival, driver must check in with Police at checkpoint. Driver shall ensure that delivery truck parking brake is activated.

James J. Peters VAMC (526) 130 West Kingsbridge Road Bronx, NY 10468

Oxygen, Medical Liquid Bulk Tank Capacity: 690,600 CF GO (6,000 Gal) B/U Type: RST B/U Capacity: 172,650 CF GO (1500 Gal) Primary 6000 Gals Reserve 350 Gals Delivery Requirements: 2 Days ARO Delivery Instructions: The Facility COR and the contractor will discuss and finalize a mutually agreeable ordering and delivery method. The oxygen level can be replenished by one of the following methods. Number of calendar days after receipt of the Government’s order, the specific days of the week for delivery, the specific time intervals between deliveries, a specific reorder point, or other specified ordering and delivery methods may be arranged such as: prescheduled deliveries, calling for tank level readings, installing a telemetry unit, etc.

Contractor will be notified of bi-weekly tank level readings and will refill when the main Oxygen tank reorder point reaches 80 inches. The COR must be notified within 48 hours prior to making delivery. Oxygen refills must be delivered within 5 workdays after receipt of Government notification and within 24 hours for Emergency refills. Contractor will make deliveries Monday thru Friday between the hours of 8:00 AM to 4:00 PM. VA Engineer/ Boiler Plant Technician must be notified at least 48 hours before the filling of oxygen. Vendor delivery operator and the VA Engineer/ Boiler Plant Representative will both sign delivery ticket and will leave the signed ticket in the interlock box provided by the Bronx VA.

New Jersey Healthcare System (561) Lyons Campus 151 Knollcroft Road Lyons, NJ 07939

Oxygen, Medical Liquid Bulk Tank Capacity: 172,650 CF CO (1,500 Gal) B/U Type: RST B/U Capacity: 13,812 CF CO (120 Gal) Delivery Requirements: 2 Days ARO Delivery Impediments: Tank is located behind Bldg. 9 along Circle One Drive which is a two-way roadway. Delivery by tractor–trailer would be best to enter Circle One Drive at Bldg. 5 and continue to Bldg. 9, this would facilitate delivery and prevent the need for the vehicle to turn around.

Delivery Instructions: Delivery will be made only between 8:00 AM thru 4:30 PM Mon thru Friday excluding holidays.

New Jersey Healthcare System (561) East Orange Campus 385 Tremont Avenue East Orange, NJ 07018

Oxygen, Medical Liquid Bulk Tank Capacity: 669,000 CF CO B/U Type: RST B/U Capacity: 172,500 CF CO Primary 6000 Gals Reserve 1500 Gals Delivery Requirements: 2 Days ARO Delivery Impediments: Tanks are located behind building 1. Across from loading platform.

Delivery Instructions: Deliveries must be made between 7:30a-4:30p. Mon-Fri.

23) VHA Supplemental Contract Requirements for Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors

1. Contractor employees who work in or travel to VHA locations must comply with the following:

1. Documentation requirements:

0. If fully vaccinated, shall show proof of vaccination.

0. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.

0. If unvaccinated and granted a medical or religious exception, shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test.

0. Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.

0. Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

1. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they…

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