36C24523Q0606.docx

36C24523Q0606

GENERAL INFORMATION

SET-ASIDE

VA Maryland Health Care System Contracting Officer (90C) 849 International Dr Linthicum, MD 21090

POINT OF CONTACT*

Contracting Officer Anna Forsythe anna.forsythe68@va.gov 410-642-2411

PLACE OF PERFORMANCE

and CBOCS as listed

510 Butler Ave

Martinsburg WV

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

DESCRIPTION

Combined Synopsis/Solicitation Notice

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE

DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a.

PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

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

SEE

ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

26.

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

ARE

ARE NOT ATTACHED.

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

-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNAT

URE OF OFFEROR/CONTRACTOR

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

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

36C24523Q0606 05-05-2023 Anna Forsythe 05-19-2023

12:00PM

EDT

Department of Veterans Affairs VA Maryland Health Care System Contracting Officer (90C) 849 International Dr Linthicum MD 21090 X 325120 1000 Employees N/A X Department of Veterans Affairs Martinsburg VA Medical Center 510 Butler Ave Martinsburg WV 25405 Department of Veterans Affairs VA Maryland Health Care System Contracting Officer (90C) 849 international Dr Linthicum MD 21090

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 Base Year plus 4 options Open Market Supply of Medical Gas Cylinders and Medical Gases See SOW for details Questions due by May 12, 2023, 2:00PM Submit questions via email to anna.forsythe68@va.gov Review Checklist prior to submittal. Incomplete responses will not be considered.

Quotes due May 19th, 2023, 12:00PM Submit via email to anna.forsythe68@va.gov X X X Anna Forsythe Page 1 of Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C245 Department of Veterans Affairs VA Maryland Health Care System Contracting Officer (90C) 849 International Dr Linthicum MD 21090

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

3. INVOICES: Invoices shall be submitted in arrears:

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

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

DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTERS

STATEMENT OF WORK

Title of Project: Medical Gases

1. SCOPE: The purpose of this requirement is to establish a source supply of medical cylinder gases for the facility included in this Statement of Work. Specifications for the facility are listed in the Facility Requirements section of this Statement of Work. The gases 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. Additional gases may be added by supplemental agreement.

1.1. Location/Facility Requirements: All supplies of medical cylinder gases shall be delivered to:

Martinsburg VA Medical Center (supporting outlying CBOC’S)

Ft. Detrick CBOC

Harrisonburg CBOC

510 Butler Ave Bldg 500 Martinsburg WV 25405

1433 Porter Street Frederick, MD 21702-9211

1755 South High Street Harrisonburg, VA 22801

The Contractor shall have a facility and/or resources physically located in the geographic areas in which they will provide supplies.

1.2. The quantities shown in the Schedule of Items are estimates of the requirement. There is no express or implied guarantee that these quantities will be purchased. PLEASE NOTE: If this contract includes the installation of contractor-owned equipment it shall include a ninety (90) day transition period at the end of the contract which the incumbent contractor shall continue to provide medical gases and associated products at the existing contract prices while the incoming contractor is transitioning over.

1.3. Contractor will be provided with names and contact information of a primary Contracting Officer Representatives (COR) upon award of the contract for each ordering facility. This applies to all deliveries regardless of time or day of execution. Tanks(s) will be filled to maximum functional capacity at each refilling procedure 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 number of cylinders at the facility prior to delivery, the number of cylinders being delivered, the number of cylinders being picked-up, and the number of cylinders at the facility after the delivery has been made. This document must be counter-signed by the facility representative supervising the delivery.

2. GOVERNMENT OWNED PROPERTY:

2.1. At this time, there are no Government-Owned cylinders.

3. CONTRACTOR FURNISHED EQUIPMENT:

3.1. Transition Period/Installation of Contractor-Furnished Equipment

3.1.1. To permit orderly transition from one contractor to another, the contractor shall continue to honor the contract’s monthly equipment rental fee and gas contract price for a maximum of ninety days beyond the scheduled expiration of the contract period, unless transition from one contractor to another is completed prior to the ninety-day transition period. For any partial month, the contractor shall prorate the monthly equipment rental fee accordingly.

The contractor shall continue to provide and maintain its equipment during this transition period.

3.1.2. Phase In: The incoming contractor shall replace all appropriate VA authorized (incumbent contractor-owned) equipment presently located at each facility with the incoming contractor’s equipment as soon as possible after award, but not to exceed ninety (90) days from date of contract award. The incoming contractor will coordinate with the COR during the transition period relating to the replacement of the incumbent contractor’s equipment from each facility, including cylinders at the base fire department. The change shall include delivery, setup, and instruction as further specified herein, and shall be accomplished without disruption in supplies and services. The billing period shall begin on the noted transition date. Payments shall be assessed based on the providers established rate and prorated from setup date. Prorated monthly rates are based on a 30-day month.

3.1.3. Phase Out: The contractor realizes that the services being provided under this contract are vital and must be continued uninterrupted. The outgoing contractor shall not remove any equipment from the facility until replacement equipment has been installed. The outgoing contractor shall coordinate transition of equipment / services with the COR as soon as possible, but not to exceed ninety (90) days from date of contract expiration. If additional transition time is required beyond contract expiration, a separate Purchase Order shall be issued to the contractor for payment of services on a pro-rated basis. Prorated monthly rates are based on a 30-day month.

3.1.4. During transition both Phase In and Phase Out, from one contractor to another, the contractor must reconcile in conjunction with the Government and the incoming Contractor, in writing, the accuracy of the cylinder count for each type of gases listed in this requirement, at each participating facility.

3.1.5. During the transition period from one contractor to another, the incoming contractor shall provide any training on new equipment as necessary. The incoming contractor shall also provide technical and assistance during and after the transition phase and through the life of the contract.

3.1.6. Initial Delivery Schedule

The following gases will be initially delivered/ Phased in, and after the initial delivery will continue throughout the life of the contract:

Medical Gases/Cylinders For Initial Delivery

4. MEDICAL GAS SPECIFICATION AND REQUIREMENTS:

4.1. All medical gases 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.). Contractor shall be registered with the FDA; and all medical gases shall be manufactured, processed, packed, transported, and stored according to the FDA’s Current Good Manufacturing Practice (CGMP) regulations and Title 21, Code of Federal Regulations, parts 210, 211, and 201 for labeling. All products, equipment and services provided under this contract shall be in compliance with all applicable Federal, State and Local regulations.

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

4.1.1.1. a) Supplier’s name and complete address

b) Name of the Product

c) An Air Liquefaction Statement where appropriate

d) Lot number or other unique identification number

e) 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%, 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.

4.2. In addition, the following specifications are incorporated into the contract:

a) Federal Specification BB-A-1034B Compressed Air, Breathing, dated 12-20-1985 and amended on 12-27-1995. http://everyspec.com/FED_SPECS/B/BB-A-1034B_9157/

b) Federal Specification BB-C-101C Carbon Dioxide (CO2) Technical and USP, dated 01-21-2004. http://everyspec.com/FED_SPECS/B/download.php?spec=BB-C-101C.009836.pdf

c) Compressed Gas Association (CGA) Publication G-7 – Compressed Air for Human Respiration, dated 08-04-2003 and ANSI/CGA G-7.1 Commodity Specification for Air, dated 08-27-2004. http://www.cganet.com.

4.3. Material Safety Data Sheets shall be provided to the facility COR upon request.

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

4.5. All Contractor owned equipment shall be maintained or repaired in accordance with FDA’s Current Good Manufacturing Practices (CGMP) Regulations.

4.6 Items Required: Medical Gases & Cylinders for (1) Year. Usage is estimated. Usage includes amounts from initial delivery listed above.

5. DELIVERY REQUIREMENTS:

5.1. Medical Gases are ordered by and delivered to the individual ordering facility.

5.2. All Medical Gas deliveries shall be made in an enclosed or boxed truck. Empty Government-owned cylinders that are picked up from an ordering facility for re-fill or servicing shall be transported according to the Department of Transportation Regulations, using normal commercial practice to prevent damage to cylinders.

5.3. Upon delivery, the delivery driver and facility POC (Point of Contact) will conduct a cylinder count. Cylinders will be logged in on the Delivery Ticket with the delivery date and driver ID specified. The cylinder delivery will be signed for by both the facility POC and delivery driver. This information will the given to the COR.

5.4. Pickup of empty cylinders, the delivery driver and facility POC will conduct an empty cylinder count. Cylinders picked up will be adjusted on the Delivery Ticket with the pickup date and driver ID specified. The cylinder pick up will be signed for by both the facility POC and delivery driver. This information will be given to the COR.

5.5. The delivery time shall be Monday – Friday between the hours of 8:00am – 4:00pm local Standard Time, excluding Federal Holidays, requested delivery days will be on Wednesdays and Fridays each week. Delivery shall be within 24 hours after receipt of order. For delivery requests placed on Fridays, the delivery day shall be the following Monday. All transportation charges for cylinders shall be included in the price of the medical gas. Additional charges such as delivery fees, hazardous materials fees, fuel surcharges, shall NOT be billed to, or collected from, the facility for orders received under this contract.

5.6. Emergency delivery will be provided within 24 hours after receipt of Government notification. Contractor must respond to the facility by either 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, such as an actuated imminent alarm condition, or system leak. Failure of the contractor to remain current with agreed delivery schedule and requirements does not constitute an “emergency” for purposes of charging an emergency delivery fee.

6. NON-REPAIRABLE GOVERNMENT PROPERTY:

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

6.2. Contractor shall be paid for all services performed and authorized by the ordering activity in accordance with the price schedule.

6.3. Contractor shall not charge any additional types of fees for the return of non-repairable cylinders to the ordering activity.

7. CYLINDERS AND OTHER CONTAINERS:

7.1. Laws and regulations: Cylinders and other containers for gaseous and liquid forms of gases shall comply with the Department of Transportation specifications and shall be maintained, filled, marked, labeled, and shipped to comply with current DOT regulations (Title 49 – Transportation, Code of Federal Regulations). Filling, packaging, labeling, for medical gases shall also comply with the Federal Food, Drug, and Cosmetics Act, and the Food, Drug Administration.

7.2. Marking: In addition to marking required by the aforementioned laws and regulations, marking shall comply with CGA Publication C-7 – Guide to Preparation of precautionary Labeling and Marking of Compressed Gas Containers, dated January 01, 2014. https://www.cganet.com/

7.3. Color Coding: Cylinders shall be color coded in accordance with CGA Publication C-9 – Standard Color Marking of Compressed Gas Containers Intended for Medical Use, dated September 2013. https://www.cganet.com/

7.4. Valves: Valves shall comply with CGA Safety Bulletin SB-26 dated August, 2014 and CGA Publication V-1 -Compressed Gas Association Standard for Compressed Gas Cylinder Valve Outlet and Inlet Connections, dated May, 2013. Valve protection caps for cylinders designed to receive such caps shall be securely attached to the cylinders in a manner to protect the valves from injury during transit and delivery to the purchaser’s receiving area. For liquid containers, all fittings must be permanently brazed to prevent their removal. In addition, each container should contain a 360-degree cryoband applied at the top of the container with the drug product name repeated around the entire container. https://www.cganet.com/

7.5. Hydrostatic Testing:

7.5.1. Retest Date: If applicable DOT regulations would require retesting of cylinder within three (3) months after scheduled date of shipment to Continental U.S. destination, or within six (6) months after scheduled date of shipment to overseas destination, cylinder shall be retested. Contractor will be required to retest any Government-owned cylinder when requested by ordering activity, regardless of scheduled retest date. NOTE: GOV Cylinders have both a 5 Year and a 10 Year Hydrostatic Testing required.

7.5.2. Method: Government-owned cylinders which are eligible for extended hydrostatic retest period, testing by modified hydrostatic method, or visual inspection in lieu of hydrostatic testing, shall be serviced by the most economical means which will comply with Department of Transportation regulations (49 CFR 173) unless otherwise specified by the ordering activity. When modified or reduced DOT test requirements are contingent upon past usage of the cylinders, a written statement from the ordering activity indicating that the cylinders have been used exclusively for a specific gas may be considered acceptable evidence of the cylinders’ eligibility for modified testing or inspection.

7.5.3. Hydrostatic testing shall be performed in accordance with CGA’s Publication – C-q, Methods For Hydrostatic Testing of Compressed Gas Cylinders, dated September 7, 2004. https://www.cganet.com/

7.5.4. Visual inspection shall be performed in accordance with the applicable CGA publications C-6 – Standards for Visual Inspection of Steel Compressed Gas Cylinders, dated August 16, 2005 or C-6.1 – Standards for Visual Inspection of High Pressure Aluminum Compressed Gas Cylinders, dated July 30, 2002. https://www.cganet.com/

7.5.5. E-Sized oxygen cylinder – fixed regulator system requirements: Cylinders will be supplied with all characteristics to include the following: Lightweight Aluminum construction, easy-to-carry handle, minimum flow of 15 LPM, flow rates ranging from 0.25 LPM minimum to 25 LPM, a DISS 50 PSI fitting for transport ventilator hook-up, MRI compatibility and easy to read digital contents gauge. Flow knob will be highly visible and easily seen. Tanks shall have usage instructions on the cylinder in a highly visible area. Tanks shall have integrated valve and regulator. Tanks will have electronic warning system that will alarm when contents fall below ¼ tank.

7.5.6. The contractor must submit a list, quarterly, of lost or damaged cylinders to include replacement costs for any and all individual cylinders lost or damaged while in the government facility’s custody. Loss of usage must not commence prior to 60 days of notification of any such loss or damage.

7.5.7. For each contractor-owned cylinder lost or damaged beyond repair while in the Government’s possession, the Government shall pay to the Contractor a pre-negotiated fee. (See Schedule of Items) These cylinders shall become Government property. If the lost cylinders are found and returned to the Contractor after the Government has paid the Contractor the lost fee, the Contractor shall credit the Government the lost fee.

7.6.7. Method of Shipment: Empty Government-owned cylinders that are picked up from an ordering facility for re-fill or service shall be transported according to the Department of Transportation Regulations, using normal commercial practice to prevent damage to cylinders.

8. PRICE OF SERVICES FOR GOVERNMENT-OWNED AND CONTRACTOR-OWNED CYLINDERS:

8.1. Services Included in the Price of Gas: The contractor’s price for the gas shall include the furnishing, at no additional cost, of all services which are required at each and every filling of a cylinder to comply with applicable regulations, and specifications. Such services shall include, but not be limited to: tags indicating cylinder as “Full”, “In Use”, or “Empty”; inspection, testing, evaluation, required at each and 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. Contractor will ensure all tanks are clean free from dirt/rust, i.e. acceptable use both inpatient/outpatient Health Care Environment. It is the respective using facility’s responsibility to tag Contractor owned Cylinders by the internal VA user; i.e. cylinders charged against the balances of user entities must be tagged “HOSPITAL, RESEARCH,” or “NURSING HOME” to ensure proper inventory control and annotation on daily Delivery Orders to ensure VA entities maintain accountability between separate VA user Accounts.

9. MEASUREMENT AND CONVERSION COMPUTATION, ATMOSPHERIC GASES AND HYDROGEN:

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

10. MONTHLY RENTAL OF CONTRACTOR-OWNED CYLINDERS AND LIQUID CONTAINERS:

10.1. When gases are ordered in cylinders or liquid containers owned by the contractor, monthly rental rates shall apply to those cylinders or containers in the possession of the using activity on the specific day of the month (e.g. 15th, 25th, last day,.).

10.2. Cylinders picked up by the contractor’s truck: Ordering activities shall notify the contractor of the number and type of empty cylinders ready for return. No rental charges shall be applied to any cylinder five business days (Saturdays, Sundays, and Holidays excluded) after the ordering activity has notified the contractor. The day the contractor is notified is excluded from the five-day period. If the contractor is verbally notified of empty cylinders, the ordering activity will document the notification by making a record of the date, time, and contractor’s representative contacted.

10.3. Cylinders returned by common carrier: Ordering activities returning empty contractor-owned cylinders will immediately notify the contractor in writing of the quantity and size of cylinders and the date they were turned over to the carrier. Rental charges shall not be applied after the date cylinders are picked up by the common carrier.

NOTE: Please indicate the day of the month that rental charges will be applied (see 10.1).__25th___Last day of the month (e.g. 15th, 25th, last day)

11. DELIVERY TICKET:

11.1. Each delivery should contain include a delivery ticket covering the following: Contract Number, purchase order number, delivery order number, date of order, date delivered, item number and/or product identification number, the number of cylinders at the facility prior to delivery, the number of cylinders being delivered, the number of cylinders being picked-up, and the number of cylinders at the facility after the delivery has been made.

12. CONDUCT OF PERSONNEL:

12.1. Contractor employees shall conduct their selves in a manner socially acceptable. Loudness, vulgarity, rudeness, or other similar offensive conduct by an employee of the Contractor will be grounds for denying the employee further access to the VA premises.

12.2. The Contractors employee(s) shall wear visible identification at all times while on the premises of the VA medical facility, Warehouse, CBOC, etc.

13. EVALUATION FACTORS:

13.1 Technical

Vendor is responsible for providing supporting information that confirms product meets the specifications. If the information submitted is not sufficient to determine, it will be considered unacceptable.

Acceptable Quote: Acceptable quote meets technical requirements vendor acknowledges SOW requirements, provided current valid pharmaceutical license copy license copy, identified key personnel, and can meet delivery SOW/requirements, and provided product literature, specification sheets, manufacturer name, manufacturer part number.

Unacceptable Quote: Quote does not meet technical requirements vendor does not acknowledge SOW requirements, vendor does not provide current pharmaceutical license copy, and does self-certify delivery requirements, vendor does not provide identified key team member, vendor does not provide product literature, specification sheets, manufacturer name, manufacturer part number

13.2 Performance: Vendor to provide 2 references VA contract number POC name, email, and phone awarded in the last 3 years that is relevant to multiple medical gas delivery contract.

Acceptable Quote: Vendor provided 2 performance references and references were acceptable.

Unacceptable Quote: Vendor did not provide minimum (2) performance references ( contract number, name, email, and phone number)

13.3 Price – Vendor to provide pricing on attached excel spreadsheet titled: Pricing Worksheet Acceptable Quote: Vendor met technical, performance, and was the lowest price.

Unacceptable: Vendor did not meet technical, performance, and was not the lowest price.

Award will be made to the lowest priced quote that is technically and performance acceptable.

Incomplete quote packages will be considered non-responsive. The Government will determine technical and past performance acceptability after receipt of offers. The Government intends to evaluate quotes based on total evaluated price of the unit prices provided and award without discussion. Therefore, the vendor’s initial quote should contain the vendor’s best terms from a price standpoint.

14. PERIOD OF PERFORAMNCE

Base plus (4) One-Year Options

15. Security: Under this request as per 6500.6 Appendix A, C&A requirements do not apply, and a security accreditation package is not required.

16. REVIEWS:

16.1. COR or Facility POC will conduct a quarterly inventory to reconcile the number of cylinders on hand to the number of cylinders held on the delivery ticket. A report of the inventory will be provided to the COR, CO and FCLO.

(END OF SOW)

Total Estimated Annual Cylinder Rental

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Total Estimated Annual Cylinder Rental

Option Year 1 Year Cylinder Rental

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Total Estimated Annual Cylinder Rental

Option Year 2 Year Cylinder Rental

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Total Estimated Annual Cylinder Rental

Option Year 3 Year Cylinder Rental

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Total Estimated Annual Cylinder Rental

Base Year Fill Pricing

Estimated Annual Total

Option Year 1 Fill Pricing

Estimated Annual Total

Option Year 2 Fill Pricing

Estimated Annual Total

Option Year 3 Fill Pricing

Estimated Annual Total

Option Year 4 Fill Pricing

Estimated Annual Total

BASE YEAR OPTIONAL ITEMS

For items not captured by pricing spreadsheet

OPTION YEAR 1 OPTIONAL ITEMS

OPTION YEAR 2 OPTIONAL ITEMS

OPTION YEAR 3 OPTIONAL ITEMS

OPTION YEAR 4 OPTIONAL ITEMS

SOLICITATION CHECKLIST FOR QUOTE SUBMISSION

· The Contractor shall have a facility and/or resources physically located in the geographic areas in which they will provide supplies.

Identify facility and location

· Vendor acknowledges SOW requirements, provided current valid pharmaceutical license copy license copy, identified key personnel, and can meet delivery SOW/requirements, and provided product literature, specification sheets, manufacturer name, manufacturer part number.

· Vendor to provide 2 references VA contract number POC name, email, and phone awarded in the last 3 years that is relevant to multiple medical gas delivery contract.

Option Year 4 Year Cylinder Rental

· Vendor to provide pricing on attached word documents titled: Fill Price, Cylinder Rental, and Optional Items. There are separate documents for the base year and each option year. Be sure to price each option.

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SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

(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…