36C24520Q0234-000.docx

36C24520Q0234 Contract Opportunity Combined Synopsis/Solicitation Notice

CLASSIFICATION CODE

SUBJECT

CONTRACTING OFFICE'S

ZIP-CODE

SOLICITATION NUMBER

RESPONSE DATE (MM-DD-YYYY)

ARCHIVE

DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS

SET-ASIDE

NAICS CODE

CONTRACTING OFFICE

ADDRESS

POINT OF CONTACT

(POC Information Automatically Filled from User Profile Unless Entered)

DESCRIPTION

See Attachment

AGENCY'S URL

URL DESCRIPTION

AGENCY CONTACT'S EMAIL

ADDRESS

EMAIL DESCRIPTION

ADDRESS

POSTAL CODE

COUNTRY

ADDITIONAL INFORMATION

GENERAL INFORMATION

PLACE OF PERFORMANCE

* = Required Field Contract Opportunity Combined Synopsis/Solicitation Notice To purchase medical gases and cylinders for DCVAMC | EDA:

03/29/2020 BMP | Current MS: Pre-Solicitation | Status:-2-13-2020, Working on RFQ going out (2) vendors.]

1-3-20, WILL POST OUT FOR RFQ-(2) SDVOSB'S WILL BID.]

21902 36C24520Q0234 03-12-2020 N

SDVOSBC

325120 Department of Veterans Affairs VA Maryland Health Care System Contracting Officer (90C) P.O. Box 1000, Bldg. 101, Room 26 Perry Point MD 21902 See Attached RFQ 36C24520Q0234.

This is an SDVOSB Set-aside.

Questions due by 03-09-2020 at 2:00 pm.

Response is due by 03-12-2020 at 1:00 pm.

Email responses to: Ginger.Eastridge@va.gov

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

688-20-2-034-0003 36C24520Q0234 03-03-2020

GINGER F. EASTRIDGE

410-642-1045 03-12-2020

2:00 PM

Department of Veterans Affairs Washington DC VA Medical Center Ginger F. Eastridge, Contracting Officer P.O. Box 1000, (90C) Bldg. 101, Room 22 Perry Point MD 21902 X X 325120 1000 Employees N/A X Department of Veterans Affairs Washington DC VA Medical Center Warehouse COR Charles J. Washington 50 Irving St. NW Washington DC 20422 Department of Veterans Affairs Washington DC VA Medical Center Contracting Officer (90C) P.O. Box 1000, Bldg. 101, Room 26 Perry Point MD 21902

PAYMENT WILL BE MADE BY

FSC e-Invoice Payment Invoice must be submitted electronically http://www.fsc.va.gov/einvoice.asp Invoice Setup Information 1-877-489-6135 See CONTINUATION Page Various Medical Gas Cylinder BPA for the Washington DC VA Medical Center. Base Plus Four Option Years.

This is an SDVOSB Set - Aside.

Questions are due no later than 03/09/2020, 2:00 pm.

Questions must be sent to the Contracting Office.

RFQ Closes 03/12/2020 at 2:00 pm.

Send Quotes to:

Ginger F. Eastridge, Contracting Officer, 410-642-1045.

Ginger.Eastridge@va.gov.

See CONTINUATION Page X

GINGER F. EASTRIDGE

CONTRACTING OFFICER

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

36C24520Q0234

Page 1 of Page 1 of Page 1 of Page 1 of Statement of Work (SOW) Medical Grade Cylinder Gases

TITLE OF PROJECT: Medical gases and Cylinders.

BACKGROUND: We serve a patient population with multiple risk factors as wells as clinical procedures that require medical gases and cylinders during and after procedures. In our efforts to meet the routine and non-routine needs of the veteran as well as compliance with Medical Gas directives a vendor specialty supplier is needed to maintain patient safety.

1. Scope of Contract

1.1 The purpose of this solicitation is to establish blanket purchase agreement contract for medical cylinder gases utilized at the Washington, DC VA Medical Center (DCVAMC) throughout the Veterans Integrated Service Network (VISN) 5. The gases to be purchased include, but are not limited to compressed Medical Air USP, Oxygen USP, Carbon Dioxide USP, Nitrogen NF, Nitrous Oxide USP, Helium USP, and specialty medical gas mixtures. Specifications are listed in the Facility Requirements Schedule of Supplies section of this Statement of Work. This requirement will be set aside for Small Business concern under NAICS code 325120 in accordance with FAR 19.001 (Non-Manufacturing Rule) and will be evaluated based on Lowest Price Technically Acceptable.

1.2 The quantities shown in the Schedule of Supplies and Services are estimates of the DCVAMC’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 March 11, 2020 thru March 10, 2021. Any contract awarded under the solicitation will be a Blank Purchase Agreement (BPA) for a period of five (5) years, pending availability of funds.

1.3 The contract awarded under this solicitation will be established for one (1) base period with the possibility of four (4) one-year option periods:

The period of performance for the Statement of Work will be performed from:

Base Plus: March 11, 2020 – March 10, 2021 0001-Medical gases and cylinders 0002-Delivery Cost 0003-Lost Cylinders

Option Year 1: March 11, 2021 – March 10, 2022 1001-Medical gases and cylinders 1002-Delivery Cost 1003-Lost Cylinders

Option Year 2: March 11, 2022 – March 10, 2023 2001-Medical gases and cylinders 2002-Delivery Cost 2003-Lost Cylinders

Option Year 3: March 11, 2024 – March 10, 2025 3001-Medical gases and cylinders 3002-Delivery Cost 3003-Lost Cylinders

Option Year 4: March 11, 2025 – March 10, 2026 4001-Medical gases and cylinders 4002-Delivery Cost 4003-Lost Cylinders

1.4 Responsibilities of COR

Contractor will be provided with names and contact information of primary and back-up COR’s upon award of this solicitation for each ordering facility. This applies to all deliveries regardless of time or day of execution. Existing cylinders will be replaced with cylinders filled to maximum functional capacity at each delivery unless otherwise specified in the facility requirements or as agreed upon in a written document signed and dated by the COR. At the time of each delivery, contractor must provide a legible signed and dated written document that identifies the type of cylinder returned, the type of cylinder delivered, and the quantity delivered. This document must be counter-signed by the facility representative supervising the delivery. The COR is responsible for local contract administration issues such as ordering and providing specific delivery instructions. A letter of delegation that outlines the COR’s specific responsibilities will be provided to the contractor and COR at the time of contract award. Within 15 days after notification of contract award, the contractor shall meet with the 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 Schedule of Supplies and Services. The facility COR shall forward a written copy of the agreement signed by both parties to the Contracting Officer for incorporation into the contract by written modification within 30 days after contract award. If agreement cannot be reached between the contractor and COR regarding any issue that the COR has delegation from the CO to administer, then the matter shall be referred to the Contracting Officer for resolution.

2. Contractor Owned Cylinders

2.1 This section applies to contractor owned cylinders that are provided under this contract.

2.2 Laws and Regulations: Cylinders and other containers for gaseous and liquid forms of gases shall comply with the Department of Transportation specifications and shall be maintained, filled, marked, labeled, and shipped to comply with current and subsequent updates to DOT regulations (Title 49-Transportation, Code of Federal Regulations). Packaging, labeling, etc., for medical gases shall also comply with the Federal Food, Drug, and Cosmetic Act.

2.3 Marking: In addition to marking required by the laws and regulations referenced in section 2.2, marking shall comply with American National Standards Z48.1-1954 (R 1971), “Method of Marking Portable Compressed Gas Containers to Identify the Material Contained."

2.4 All unauthorized or inapplicable markings, tags, and labels shall be removed. When shipment is by commercial carrier, shipping tags complying with Federal Standard 123F dated 5/15/91 shall be attached to each cylinder and protected by the valve protection cap. The contract data markings required by the applicable standard shall be applied to one side of the tag and the identification markings on the reverse side. Consignee markings may be omitted when shipment is by contractor vehicle.

2.5 Valves: Valves shall comply with Compressed Gas Associates Standard CGA-V-1 (11th Edition, 2003), "Standard for Compressed Gas Cylinder Valve Outlet and Inlet Connections." Valve protection caps for cylinders designed to receive such caps shall be securely attached to the cylinders in a manner to protect the valves from injury during transit and delivery to the purchaser's receiving area. Refer to 49 CFR 173.301(g)).

2.6 Color Coding: All cylinders shall be color coded in accordance with the Compressed Gas Association Pamphlet CGA C-9-1988, “Standard Color Marking of Compressed Gas Containers Intended for Medical Use.”

2.7 The contractor shall be responsible for all testing required by regulation of contractor owned cylinders at no additional cost to the Government.

2.8 The contractor’s price for the oxygen shall include the furnishing of, at no additional cost, all services which are required at every filling of a cylinder to comply with applicable regulations, specifications, and normal operational practices. Such services are of the type normally provided in the supply of medical cylinder gases, and shall include, but not be limited to: tags indicating cylinder is "Full”, “In Use" or "Empty"; inspection, testing, evaluation, and cleaning services required at every filling; pin-indexing, when required, and attachment of Government-furnished warning tags, when required. Attaching of oxygen cylinders to manifold systems, when required, shall also be performed by the contractor at no additional cost. In addition to services listed in this paragraph, the contractor is responsible for ALL maintenance and testing of contractor-owned cylinders.

3. Delivery of Medical Cylinder Gases

3.1 Cylinder Gases are ordered by the designated COR and delivered to the DCVAMC Logistics Warehouse loading dock at 50 Irving St. NW, Washington, DC 20422. Information regarding the facility’s unique delivery requirements is included in the solicitation Schedule of Supplies and Services.

3.2 The contractor shall deliver medical-grade cylinder gases within the time-frame specified in the Schedule of Supplies and Services for each facility. The time-frame identified is the number of calendar days after the Government places the order. If the time frame for contractor delivery is not identified in the facility requirements, the contractor must provide 24-hour notice prior to delivery or upon agreement between the facility and contractor, alternate ordering/delivery methods such as pre-scheduled deliveries, calling for tank level readings, installing a telemetry unit, etc. may be arranged. If the contractor is unable to deliver at the agreed upon day or time, then the contractor will provide 24-hour notice to the COR, to allow the facility to initiate an alternate backup action. In accordance with VHA Patient Safety Alert dated April 5, 2004, all deliveries must be monitored by a qualified and trained technical representative that will be designated by each facility. Contractor will be provided with names and contact information of primary and back-up facility COR’s immediately after award of this contract. This applies to all deliveries regardless of time or day of execution.

3.3 Cylinders will be replaced with cylinders filled to maximum functional capacity at each delivery unless otherwise specified in the facility requirements or as agreed upon in a written document signed and dated by the COR.

3.4 At the time of each delivery, contractor must provide a legible signed and dated written document that identifies the type of cylinder returned, the type of cylinder delivered, and the quantity delivered. This document must be counter-signed by the facility representative supervising the delivery.

3.5 Emergency delivery will be provided within 24 hours after receipt of Government notification. Contractor must respond to the facility by telephone or email within one hour to confirm receipt of emergency notification to ascertain the nature of the emergency. Emergency status is determined by the Government when conditions warrant. Failure of the contractor to remain current with agreed delivery schedule and requirements does not constitute an “emergency” for purposes of charging an emergency delivery fee.

4. Quality Assurance Specifications and Requirements

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

4.2 All cylinder gases delivered under the contract shall be medical-grade and shall meet or exceed the standards cited in the current edition of the United States Pharmacopoeia/National Formulary (U.S.P.).

4.3 A valid certificate of analysis shall be provided with each delivery of cylinder gases. The certificate shall include, at a minimum:

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

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

g) Signature of authorized supplier representative and date.

4.4 Material Safety Data Sheets shall be provided to the facility COR.

4.5 A copy of all inspection reports shall be provided to the facility COR.

4.6 All contractor owned equipment shall be maintained or repaired in accordance with NFPA 55: Standard for the Storage, Use, and Handling of Compressed Gases and Cryogenic Fluids in Portable and Stationary Containers, Cylinders, and Tanks and FDA’s Current Good Manufacturing Practices (CGMP) Regulations.

5. Applicable Regulations & Standards

The following is a list of some of the regulations and standards that are applicable to this contract. The list is not comprehensive, and the contractor is responsible for ensuring that all products, equipment and services provided under the contract are in compliance with applicable Federal, state, and local regulations. If applicable, the editions in effect as of the date of this solicitation are listed. Contractor is responsible for remaining compliant with any future revisions that are effective at the time of contract performance.

Title 21, Code of Federal Regulations, Parts 210 & 211 - CGMP regulations for supplying medical grade gases.

49 CFR – Transportation

Federal Food, Drug, and Cosmetic Act

NFPA 55: Standard for the Storage, Use, and Handling of Compressed Gases and Cryogenic Fluids in Portable and Stationary Containers, Cylinders, and Tanks, 2016 Edition

NFPA 99: Standard for Health Care Facilities, 2015 Edition

U.S.P. 23

ADMINISTRATIVE ITEMS

Clinic Operating Hours:

The contractor will provide services (deliveries) on Monday thru Fridays. The hours for deliveries will be 0700-1730 hours with exceptions to Emergency deliveries on a case-by-case basis.

Status Meetings: Contractor, Contracting Officer and COR will meet on an as needed basis to evaluate overall effectiveness of the contract, resolve problems and improve policies and procedures.

Medical Center Contact Information:

Calvin Neal, Chief Logistic Service (202) 745 8000 ext. 55339 Charles Washington, Acquisition Utilization Specialist (202) 745-8000 ext. 56464 Anthony Murphy, Warehouse Supervisor (202) 745-8000 ext. 58405

Personnel:

Personnel Policy:

1. The Contractor will, at all times, demonstrate a high level of courtesy and consideration when providing services to the patient/primary caregiver.

1. All Contractors performing work under this contract will be a minimum of eighteen (18) years of age or older, as required by law.

1. All Contractor assigned by the contractor to work on this contract will be physically able to safely and adequately perform their duties.

Personnel/Equipment/Supplies/Forms: Contractor shall provide any personal equipment or other personal items in sufficient quantities to perform their assigned tasks during the delivery and pick-up process.

Organizational Relationship:

The parties agree that the Contractor shall not be considered VA employees for any purpose.

The Contractor shall be responsible for protecting the personnel furnishing services under this contract.

Invoicing:

The invoice shall contain the contractors name, address, and telephone number, name of the type of medical oxygen gas, amount of each type of gas delivered, and charge amount for each item delivered.

The invoice will provide a breakdown of all services provided for the previous week.

The contractor shall not invoice until all required documentation is complete.

If the supporting documentation has not been completed before the invoice is received by the COR at the medical center, the invoice shall be considered incomplete and will be returned.

The invoice may be resubmitted after completion of all required documentation. However, for the purpose of computing interest under the prompt payment act, invoice receipt date shall be the date the resubmitted invoice is received by the COR at medical center or at the payment processing center in Austin Texas.

Payment:

All payments made under the contract will be made monthly, in arrears, upon submission of a properly prepared invoice for the services furnished in the previous month. No advance payments will be authorized.

Contractor shall contact the Purchasing Agent at medical facility should they not receive payment within 60 calendar days of submission of a proper invoice.

Contractor shall submit invoices to the VA payment offices in Austin Texas. Invoices without proper documentation will be returned.

Payments under this contract will be made in accordance to FAR 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration. The Company will provide the appropriate form and account information for electronic transfer.

Payments made by the medical center under this contract shall constitute the total cost of services provided by the Company. The Company hereby agrees that in no event shall the Company bill, charge, collect a deposit from, seek compensation, remuneration, or reimbursement from, or have any recourse against the beneficiary, the beneficiary’s family, private insurer, Medicare or any other entity acting on the beneficiary’s behalf, for services provided pursuant to this contract. Billings rendered by the Company to the medical facility for services furnished to VA beneficiary under the terms of this contract shall be billings in full.

ADP Security Responsibilities:

If contractor has access to printed and/or electronic files containing sensitive information in the performance of official duties, all information or data must be protected under the provision of the Privacy Act of 1974 and other applicable laws and regulations.

The contractor is responsible for:

1) Protecting the information from unauthorized release, from loss, alteration or unauthorized deletion; and

2) Following applicable regulations and instructions regarding access to computerized files, release of access codes, etc. as set out in the computer access agreement and VA Policy Memorandums.

Amendments:

In accordance with FAR 52.212-4 the services specified in this contract may be changed only by written modification to this agreement. The VA Contracting Officer will prepare the modification and have both parties approve the modification.

Abbreviations and Definitions:

Contracting Officer (CO): The representative of the Washington DC VA Medical Center who has the authority to enter into, administer, terminate, modify, approve changes, or otherwise represent and bind the DCVAMC in all matters arising under or relating to this agreement.

Contracting Officer’s Representative (COR): Individual(s) who furnishes technical guidance and advice or generally supervises the work performed under the contract. Designations will be in writing and will define the scope and limitation of the representative's authority.

FACILITY REQUIREMENTS

SCHEDULE OF SUPPLIES/SERVICES

Contractor shall provide all equipment, labor, materials: to include tools and parts, transportation, supervision and disposal necessary to distribute and supply medical gases and cylinders. This includes all contractor-owned cylinders.

WASHINGTON, DC VAMC

Delivery Impediments: Deliver cylinders to the warehouse and store in storage closets next to dock. Delivery Instructions: Delivery times 7:00am to 5:30pm, Monday thru Friday. Driver must deliver ALL medical gases and cylinders directly to the Logistics Warehouse **NO EXCEPTIONS**.

MEDICAL CYLINDER GASES

20.00 CY

ARGON HP GR 4.8 SIZE 6K-6000 LOCAL STOCK NUMBER: AR HP6K

120.00 CY

CARBON DIOXIDE USP 50LBS CGA LOCAL STOCK NUMBER: CD USP50

150.00 CY

CARBON DIOXIDE USP SIZE E CGA LOCAL STOCK NUMBER: CD USPE

5.00 CY

CARBON DIOXIDE USP SIZE EA CGA LOCAL STOCK NUMBER: CD USPEA

5.00 CY

HELIUM USP SIZE M4 CGA 930 LOCAL STOCK NUMBER: HE USPM4

15.00 CY

HELIUM UHP GR 5.0 SIZE 6K CGA LOCAL STOCK NUMBER: HE UHP6K

65.00 CY

NITROGEN NF SIZE 200 CGA 580 LOCAL STOCK NUMBER: NI NF200

25.00 CY

NITROUS OXIDE USP 56LBS CGA 326 LOCAL STOCK NUMBER: NS USP56

0009 16.00 CY

NITROUS OXIDE USP SIZE E CGA LOCAL STOCK NUMBER: NS USPE

0010 5.00 CY

OXYGEN INDUSTRIAL SIZE 200 CGA LOCAL STOCK NUMBER: OX 200

0011 5.00 CY

OXYGEN USP SIZE 125 CGA 540 LOCAL STOCK NUMBER: OX USP125

0012 15.00 CY

OXYGEN USP SIZE 200 CGA 540 LOCAL STOCK NUMBER: OX USP200

0013 15.00 CY

OXYGEN USP SIZE D CGA 870 LOCAL STOCK NUMBER: OX USPD

0014 30.00 CY

OXYGEN USP SIZE E CGA 870 LOCAL STOCK NUMBER: OX USPE

0015 3,200.00 CY

OXYGEN USP SIZE EA WITH WALK-O2-BOUT REG/DISS INTEGRATED VALVE/REGULATOR LOCAL STOCK NUMBER: OX USPEAWBDS

0016 15.00 CY

OXYGEN USP SIZE E WITH WALK-O2-BOUT REG/DISS INTEGRATED VALVE/REGULATOR LOCAL STOCK NUMBER: OX USPEWBDS

0017 49.00 EA

SERVICES FEE EXPEDITED DELIVERY LOCAL STOCK NUMBER: SECEXPEDITE

0018 104,040.00 EA

RENT CYLINDER MEDICAL LOCAL STOCK NUMBER: RNTCYLMED

0019 1 EA

LOST MEDICAL GAS CYLINDER: VARIOUS SIZES WITHIN CONTRACT

(END OF STATEMENT OF WORK)

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

ARGON HP GR 4.8 SIZE 6K-6000 AR HP6K

LOCAL STOCK NUMBER: AR HP6K

CARBON DIOXIDE USP 50LBS CGA CD USP50

LOCAL STOCK NUMBER: CD USP50

CARBON DIOXIDE USP SIZE E CGA CD USPE

LOCAL STOCK NUMBER: CD USPE

CARBON DIOXIDE USP SIZE EA CGA CD USPEA

LOCAL STOCK NUMBER: CD USPEA

HELIUM USP SIZE M4 CGA 930 HE USPM4

LOCAL STOCK NUMBER: HE USPM4

HELIUM UHP GR 5.0 SIZE 6K CGA HE UHP6K

LOCAL STOCK NUMBER: HE UHP6K

NITROGEN NF SIZE 200 CGA 580 NI NF200

LOCAL STOCK NUMBER: NI NF200

NITROUS OXIDE USP 56LBS CGA 326 NS USP56

LOCAL STOCK NUMBER: NS USP56

NITROUS OXIDE USP SIZE E CGA NS USPE

LOCAL STOCK NUMBER: NS USPE

OXYGEN INDUSTRIAL SIZE 200 CGA OX 200

LOCAL STOCK NUMBER: OX 200

OXYGEN USP SIZE 125 CGA 540 OX USP125

LOCAL STOCK NUMBER: OX USP125

OXYGEN USP SIZE 200 CGA 540 OX USP200

LOCAL STOCK NUMBER: OX USP200

OXYGEN USP SIZE D CGA 870 OX USPD

LOCAL STOCK NUMBER: OX USPD

OXYGEN USP SIZE E CGA 870 OX USPE

LOCAL STOCK NUMBER: OX USPE

OXYGEN USP SIZE EA WITH WALK-O2-BOUT REG/DISS INTEGRATED VALVE/REGULATOR OX USPEAWBDS

LOCAL STOCK NUMBER: OX USPEAWBDS

OXYGEN USP SIZE E WITH WALK-O2-BOUT REG/DISS INTEGRATED VALVE/REGULATOR OX USPEWBDS

LOCAL STOCK NUMBER: OX USPEWBDS

SERVICES FEE EXPEDITED DELIVERY SECEXPEDITE

LOCAL STOCK NUMBER: SECEXPEDITE

RENT CYLINDER MEDICAL RNTCYLMED

LOCAL STOCK NUMBER: RNTCYLMED

LOST MEDICAL GAS CYLINDER: VARIOUS SIZES WITHIN CONTRACT

B.2 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

(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 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 32.608-2 of the Federal Acquisition Regulation 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 ITEMS 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 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within Thirty (30) Day..

(End of Clause)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within Thirty (30) Day.; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least Sixty (60) days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause)

C.4 52.216-18 ORDERING (OCT 1995)

(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 03-13-2020 through 03-12-2026.

(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) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of Clause)

C.5 52.216-21 REQUIREMENTS (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) 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. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 03/12/2026.

(End of Clause)

C.6 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within Ten (10) Days. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

(End of Clause) C.7 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION)

(a) Definition. For the Department of Veterans Affairs, “Service-disabled veteran owned small business concern or SDVOSB”:

(1) Means a small business concern:

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses…