Amended Soliciation 36C24222Q0782_1.pdf

PAGE 1 OF 1. REQUISITION NO.

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

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

TIME

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

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

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

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

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

SEE ADDENDUM

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

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

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

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

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

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

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

528-22-4-8655-0013

36C24222Q0782 06/16/2022

Jacob.Burg@VA.gov 716-862-7461 x21464 06/28/2022

11AM EDT

Department of Veterans Affairs

Network Contracting Office (NCO) 2

2875 Union Road

Suite 3500

Cheektowaga NY 14227

X 100

X

325120

1000 Employees

N/A

X

Albany Stratton VA Medical Center

113 Holland Avenue

Albany, NY 12208

Network Contracting Office (NCO) 2

2875 Union Road

Suite 3500

Cheektowaga NY 14227

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

See CONTINUATION Page

Bulk Oxygen Fills and Tank Rentals per Statement of Work

Section.

See Instructions to Offerors, Addendum, and Evaluation

Sections E.1, E.2, E.4

See CONTINUATION Page

X X

X 01

Jacob Burg

Contracting Officer

36C24222Q0782

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF WORK (SOW)

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

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

COMMERCIAL SERVICES (NOV 2021)

C.2 52.216-18 ORDERING (AUG 2020)

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

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

C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C.7 52.222-19 CHILD LABOR—COOPERATION WITH AUTHORITIES AND REMEDIES (JAN

2022) (JUL 2020) (DEVIATION)

C.8 52.232-18 AVAILABILITY OF FUNDS (APR 1984)

C.9 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF

COMMERCIAL ITEMS (APR 2020)

C.10 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.11 VAAR 852.219-78 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (SEP 2021) (DEVIATION)

C.12 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.13 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

C.14 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

C.15 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.16 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.17 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (MAY 2022)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (NOV 2021)

E.2 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) 51

E.4 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(NOV 2021)

E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (MAY 2022)

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 JACOB.BURG@VA.GOV

Network Contracting Office (NCO) 2

2875 Union Road

Suite 3500

Cheektowaga NY 14227

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

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

Requests.

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

AMENDMENT NO DATE

B.2 STATEMENT OF WORK (SOW)

MEDICAL BULK OXYGEN FILLS AND TANK RENTALS

1. BACKGROUND

a. The Albany Stratton VA Medical Center located at 113 Holland Avenue, Albany, NY 12208 currently has a requirement for the distribution and supply of medical-grade liquid bulk oxygen, with oxygen tank(s) rental.

b. This is Fixed Price Indefinite Delivery, Indefinite Quantity (IDIQ) contract issued in accordance with FAR 13-Simplified Acquisition Procedures. The guaranteed minimum and maximum for each period is as follows and located in Section B.3 Price/Cost Schedule

Base Period: 7/1/2022 – 9/30/2022.

MIN 4,500 CCF

MAX 8,500 CCF

Option 1 Period: 10/1/2022 – 09/30/2023.

MIN 22,000 CCF

MAX 30,000 CCF

Option 2 Period: 10/1/2023 – 09/30/2024.

MIN 22,000 CCF

MAX 30,000 CCF

Option 3 Period: 10/1/2024 – 09/30/2025.

MIN 22,000 CCF

MAX 30,000 CCF

Option 4 Period: 10/1/2025 – 09/30/2026.

MIN 22,000 CCF

MAX 30,000 CCF

The awarded contract shall have a maximum price ceiling of 128,500 CCF

2. ACRONYMS

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

ANSI – American National Standards Institute

CCF – 100 cubic feet

CF – Cubic feet

CFR – Code of Federal Regulations

CGA – Compressed Gas Association

CGMP – Current Good Manufacturing Practices

COR - Contracting Officer Representative

FDA – U.S. Food & Drug Administration

NFPA – National Fire Protection Association

OSHA – U.S. Department of Labor, Occupational Safety and Health Administration

USP – United States Pharmacopeia

VA – Department of Veterans Affairs

3. SCOPE OF WORK

a. The medical-grade oxygen being procured from this solicitation is classified as a drug and must meet USP specifications. Bulk oxygen tanks are classified as a drug delivery device, and all contractors must be registered with the FDA.

b. Prior to the first filling, the contractor must 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.

1. The refill procedure,

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

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

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

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

6. The contractor must 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.

7. The contractor must 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.

c. Prior to the first filling and annually thereafter alarm set point testing and alarm signal verification at all Master Alarms must 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.

d. 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” must be identified by the contractor. A detailed explanation of these deficiencies must be presented in writing to each

COR. Receipt of this written explanation must be signed for by each COR.

e. Prior to first filling and annually thereafter the contractor must verify in writing the accuracy of all gauges on contractor owned tanks. If the gauges are government owned contractor must 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.

f. A Contracting Officer Representative (COR) has been designated for this requirement. The

COR is responsible for local contract administration issues such as ordering and providing specific delivery instructions. Within 15 calendar days after notification of contract award, the contractor must meet with each COR to ensure mutual understanding of facility requirements relating to the ordering method and specific details of any delivery instructions that are included in the solicitation price schedule.

3. CONTRACTOR-OWNED EQUIPMENT

a. The contractor must provide, install, and maintain bulk oxygen tank(s) with appropriate back-up system(s). Through the duration of the contract, the contractor must be liable for the integrity, suitability, and safety of contractor owned tank(s) 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 the using facilities. 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 must be furnished by the contractor, without cost to the Government. The manifold or liquid converter must deliver gas 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.

b. Must provide telemetric equipment to automatically take daily tank readings.

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

d. All equipment and materials required to perform on the contract must be provided by the contractor. Contractor owned equipment must be installed, inspected, maintained, and kept in good operating condition with appearance and applicable regulations.

4. INSTALLATION OF CONTRACTOR-OWNED EQUIPMENT

a. Unless otherwise directed by the using facility, contractor owned equipment must be installed by the first day of the period of performance and must be connected to the medical gas system on that date, provided that the contractor must be allowed a maximum of ninety calendar days after receipt of notice of award to complete installation. If the contractor’s equipment replaces equipment already in use, the exchange of equipment must be accomplished without interruption of gas supply to the using facility.

NOTE: Phase-in rental; the initial rental period must begin on the date the bulk tank system is

100% operational. The initial rental amount must be pro-rated based on the remaining days in the month the system becomes operational.

b. To permit orderly transition from one contractor to another, the contractor must continue to honor the contract’s monthly equipment rental fee and bulk oxygen contract price for a maximum of (90) ninety calendar days beyond the scheduled expiration of the contract period, unless transition from one contractor to another is completed prior to the (90) calendar ninety-day transition period. For any partial month the contractor must prorate the monthly equipment rental fee accordingly. The contractor must continue to provide and maintain its equipment during the transition period.

c. All contractor owned equipment must be installed in accordance current editions of the following:

- NFPA 50: Standard for Bulk Oxygen Systems at Consumer Sites

- NFPA 55: Compressed Gases and Cryogenic Fluids Code

- NFPA 99: Standard for Health Care Facilities

- FDA CGMP Regulations

- VHA Directive 7515(1)

Additionally: all OSHA standards and applicable safety requirements, including proper signage and use of personal protective equipment.

d. The contractor must 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.

5. DELIVERY OF MEDICAL LIQUID BULK OXYGEN

a. Oxygen, Medical Liquid Bulk Tank Capacity:

Current Primary Tank: 3,000 Gallons.

Current Reserve Tank: 500 Gallons.

b. Tank refill schedule:

1. Standard Delivery Requirements: Telemetry reading at 250 gallons or ordered by facility to be delivered with 48 hours of notification.

2. Emergency Delivery Requirements: Within 24 hours of order.

3. All tanks must be filled to maximum functional capacity each time the tank is refilled.

c. Place of delivery:

d. Delivery instructions

1. Delivery Impediments: Tanks are located within a secured/locked fence and the delivery vehicle will have to back into space. Driver must contact VA Police & Security to gain access.

2. At the time of each delivery the contractor must 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 must be performed by the facility and matched for accuracy. The driver must convert gallons to ft3 CF and CCF quantity and must list these numbers on the delivery slip to be consistent with the detail on the invoice so to provide accuracy for invoice certification.

3. Emergency delivery must be provided within 24 hours after receipt of the Government notification. Contractor must respond to the facility COR or designation 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 must 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.

4. Once validated, the facility must 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.

5. The contractor is not required to make non-emergency deliveries on federally observed holidays. When the normal delivery day falls on a federal holiday, the contractor must 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):

o New Year’s Day o Martin Luther King’s Birthday (3rd Monday in January) o President Day (3rd Monday in February) o Memorial Day (last Monday in May) o Independence Day (July 4th) o Labor Day (1st Monday in September) o Juneteenth (June 19th) o Columbus Day (2nd Monday in October) o Veterans Day (November 11th) o Thanksgiving Day o 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.

6. LICENSING, AUTHORIZATION, AND SELLING PERMISSIONS

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

b. If the contractor is not the manufacturer of the medical grade oxygen being supplied under this contract, the contractor must provide annual 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 in New York State. In addition, the contractor must 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 must provide advance notice to the VA facility and

Contracting Officer prior to the change taking place and must 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 must 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.

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

7. QUALITY ASSURANCE SPECIFICATIONS AND REQUIREMENTS

a. All medical gas manufacturers and fillers of medical gases must be registered with FDA as drug manufacturers. All oxygen must be manufactured, processed, packed, transported, and stored according to FDA’s CGMP regulations. All labeling must comply with FDA’s labeling regulations (21 CFR Part 201).

b. All liquid bulk oxygen delivered under the contract must be medical-grade and must meet or exceed the standards cited in the current edition of the USP.

c. A valid certificate of analysis must be provided with each delivery of liquid oxygen. The certificate must include, at a minimum:

1. Manufacturer’s name and complete address

2. Name of the Product (i.e., Oxygen USP)

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

6. Test method used to perform the analysis. (A statement such as “Meets USP specifications” is not acceptable; nor would “Tested via Servomex” be acceptable since the specific model number is not provided).

7. Signature of authorized delivery representative and date.

d. Material Safety Data Sheets must be provided to the facility COR upon request.

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

f. All contractor-owned equipment and bulk oxygen supply tank(s) must be maintained or repaired by contractor at no charge.

8. CONDUCT OF PERSONNEL

a. Contractor/Sub-Contractor employees must 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 must be grounds for denying the employee further access to the VA premises.

b. The Contractor/Sub-Contractor employee(s) must 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.

9. EMERGENCY SUPPLY SUPPORT

a. The contractor must, upon contract award, provide a written action plan and protocols in place that must 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 must provide annual updates to this plan over the life of the contract. In the event the plan is implemented the contractor must 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 must submit the written action plan and protocols to the

Contracting Officer and COR within 72 hours of award notification.

10. DE-INSTALLTION OF CONTRACTOR FURNISHED TANK SYSTEM

a. Phase Out: The contractor realizes that the supplies being provided under this contract are vital and must be continued uninterrupted. The outgoing contractor must 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 must coordinate bulk tank system/services transition with the incoming contractor beginning at 90 calendar days prior to the end of the contract, assuming a new contractor has been identified at that time. The contractor must 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.

11. SECURITY

a. 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.

b. 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.

c. The Certification and Accreditation (C&A) requirement do not apply, and the Security

Accreditation Package is not required.

12. APPLICABLE REGULATIONS & STANDARDS

a. 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 must be responsible for ensuring that

ALL products, bulk tank systems, and services provided under the contract follow 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 CFR 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. USP 23

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

Facilities.

13. ADDITIONAL REQUIREMENTS

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

b. Contractor must complete a risk assessment to determine the need for a secondary emergency fill location.

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

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

e. The contractor must 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 must 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.

14. 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:

a. Documentation requirements:

1) If fully vaccinated, shall show proof of vaccination.

i. 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.

2) 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.

3) 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.

4) 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.

2. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the COVID-19

Screening Tool. Check regularly for updates.

a. Contractor employees who work away from VA locations, but who will have direct contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance, each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

3. Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA

Facilities.

B.3 PRICE/COST SCHEDULE

This is a Fixed Price Indefinite Delivery, Indefinite Quantity (IDIQ) contract issued in accordance with FAR 13-Simplified Acquisition Procedures. The guaranteed minimum and maximum for each period is listed below:

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 CCF

x 6,500 CCF =

BULK OXYGEN FILLS: ESTIMATED BASE YEAR

QUANTITY: 6,500 CCF

BASE MIMIMUM 4,500 CCF

BASE MAXIMUM 8,500 CCF

(PRICE INCLUDES STANDARD DELIVERY FEE)

Contract Period: Base POP Begin: 07-01-2022 POP End: 09-30-2022 https://www.va.gov/covid19screen/

3.00 MO

x 3 Months =

BULK OXYGEN MONTHLY TANK RENTAL

Contract Period: Base

EA =

BULK OXYGEN EMERGENCY DELIVERY FEE

Contract Period: Base x 26,000 CCF =

BULK OXYGEN FILLS: ESTIMATED YEARLY

QUANTITY: 26,000 CCF

OPTION YEAR 1 MIMIMUM 22,000 CCF

OPTION YEAR 1 MAXIMUM 30,000 CCF

(PRICE INCLUDES STANDARD DELIVERY FEE)

Contract Period: Option 1 POP Begin: 10-01-2022 POP End: 09-30-2023

12.00 MO

x 12 Months =

Contract Period: Option 1

Contract Period: Option 1

QUANTITY: 26,000 CCF

OPTION YEAR 2 MIMIMUM 22,000 CCF

OPTION YEAR 2 MAXIMUM 30,000 CCF

(PRICE INCLUDES STANDARD DELIVERY FEE)

Contract Period: Option 2

POP Begin: 10-01-2023 POP End: 09-30-2024

Contract Period: Option 2

Contract Period: Base

BULK OXYGEN FILLS: ESTIMATED YEARLY

QUANTITY: 26,000 CCF

OPTION YEAR 2 MIMIMUM 22,000 CCF

OPTION YEAR 2 MAXIMUM 30,000 CCF

(PRICE INCLUDES STANDARD DELIVERY FEE)

Contract Period: Option 3 POP Begin: 10-01-2024 POP End: 09-30-2025

Contract Period: Option 3

EA

Contract Period: Option 3

QUANTITY: 26,000 CCF

OPTION YEAR 4 MIMIMUM 22,000 CCF

OPTION YEAR 4 MAXIMUM 30,000 CCF

(PRICE INCLUDES STANDARD DELIVERY FEE)

Contract Period: Option 4 POP Begin: 10-01-2025 POP End: 09-30-2026

Contract Period: Option 4

Contract Period: Option 4

GRAND

TOTAL

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

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

Government must exercise its post-acceptance rights—

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

and

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims

Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the

Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

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

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the

Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the

Contracting Officer of the cessation of such occurrence.

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

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

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

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

(i) Payment.—

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

(2) Prompt payment. The Government will make payment in accordance with the Prompt

Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-

5(b) for the appropriate EFT clause.

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

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

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

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

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

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

(D) Contractor point of contact.

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

Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the

Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the

Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The

Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the

Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain

Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and

41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with

Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service

(TOS), or similar legal instrument or agreement, that includes any clause requiring the

Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

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

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

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

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.2 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 07/01/2022 through 09/30/2023.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the

Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of Clause)

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

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $100.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $5,000.00;

(2) Any order for a combination of items in excess of $10,000.00; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection

52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 30 days after issuance, with written notice stating the

Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

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

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the

Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order.