36C24525Q0155 Revised.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

36C24525Q0155 02-12-2025

Michael Jones 202-745-8000 x58768 02-26-2025

10 AM EST

Department of Veterans Affairs

VAMC(688)

50 Irving Street NW

Washington DC 20422

X 100

X

325120

1200 Employees

N/A

X

Warehouse

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

Contractor shall provide medical grade bulk liquid oxygen

One (1) 6,006 gallon tank and one (1) 901 gallon reserve tank for the Washington DC VAMC.

Please refer to Section: Instructions to Quoters for how to submit a proper quote and section Evaluation Commercial

Items.

There will be no site visit.

Last day for all questions is 02/19/2025 by 4:30pm EST.

All questions shall be submitted to michael.jones16@va.gov.

See CONTINUATION Page

X X

Ryan Singletary

Contracting Officer

36C24525Q0155

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF WORK

B.3 PRICE/COST SCHEDULE

B.4 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2024)

C.3 52.216-18 ORDERING (AUG 2020)

C.4 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.5 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.6 52.225-1 BUY AMERICAN—SUPPLIES (OCT 2022)

C.7 52.225-2 BUY AMERICAN CERTIFICATE (OCT 2022)

C.8 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

C.9 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

C.10 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023) ...40

C.11 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

C.12 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (JAN 2023)

(DEVIATION)

C.13 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2018)

C.14 VAAR 852.237-75 KEY PERSONNEL (OCT 2019)

C.15 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ..47

C.16 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

C.17 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

C.18 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.19 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (MAR 2023)

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (SEP 2023)

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

SERVICES (NOV 2021)

E.3 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

E.4 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.5 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

E.6 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.7 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.8 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.9 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

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: TBD

b. GOVERNMENT: Department of Veterans Affairs

VAMC (688)

50 Irving Street NW Washington DC 20422 Michael Jones 202-745-8000 x58768 Michael.jones16@va.gov

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 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:

AMENDMENT NO DATE

mailto:Michael.jones16@va.gov

B.2 STATEMENT OF WORK

Washington DC VAMC Medical Grade Liquid Bulk Oxygen

1) Introduction and Background

The Washington DC VA Medical Center is committed to serving our Veterans patients, providing the best possible environment for health care to veterans and the highest standards of service to customers. We do this by improving and maintaining our physical structures and by providing the equipment and supplies necessary to support excellence in health care.

2) Objectives

Establish a committed source of supply and an IDIQ contract with a well-qualified firm to provide medical grade liquid bulk oxygen as described herein, The Veterans Health Administration (VHA), Veteran Integrated System Network (VISN) 5, Washington DC VA Medical Center established an ongoing requirement for:

Tank Rental Requirement: (2) tanks are required, this includes:

• Main tank 269 inches to fill- 6,006 gal.

• Reserve tank 120 inches to fill- 901 gal.

and the supply of medical-grade liquid bulk oxygen. The Government facilities does not own their own bulk oxygen tank systems. The contractor shall provide a contractor-owned tank system with an appropriate backup system (i.e., reserve tank or cylinder bank). The contractor shall provide all needed components to support a Food and Drug Administration (FDA) medical grade bulk liquid oxygen tank system in compliance with the National Fire Protection Agency (NFPA)

99: Health Care Facilities Code. Additionally, the contractor must utilize an off-site, automatic monitoring system (telemetry system) that independently monitors the system and notifies the contractor when refills are required.

3) Pricing Periods

This will be a five-year (5) IDIQ contract.

• Pricing Period One – 04/01/2025 to 03/31/2026

• Pricing Period Two - 04/01/2026 to 03/31/2027

• Pricing Period Three - 04/01/2027 to 03/31/2028

• Pricing Period Four - 04/01/2028 to 03/31/2029

• Pricing Period Five - 04/01/2029 to 03/31/2030

4) Contract Values

a) The quantities shown in the price cost schedule are estimates of the facility’s annual requirements. There is no express or implied guarantee that these quantities will be purchased. The base pricing period under this solicitation will be 04/01/2025 – 03/31/2026.

Please note that this contract may include the installation of CONTRACTOR OWNED

EQUIPMENT. If the contractor must install their bulk oxygen tank, there is a ninety-day

(90) transition period at the beginning and end of the contract period.

b) The contract awarded under this solicitation is a five (5) year IDIQ.

5) Responsibilities

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

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

a. The refill procedure,

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

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

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

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

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

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

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

• Any code deficiencies in the Medical Center’s existing system as defined by National Fire

Protection Association (NFPA) 50, Section 1.3.3 “Bulk Oxygen Systems” shall be identified by the contractor. A detailed explanation of these deficiencies shall be presented in writing to each COR. Receipt of this written explanation must be signed for by each COR.

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

6) Acronyms

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

• CCF – 100 cubic feet

• CF – Cubic feet

• CGA – Compressed Gas Association

• CGMP – Current Good Manufacturing Practices

• COR – Contracting Officer Representative

• DOT – Department of Transportation

• FDA – US Food & Drug Administration

• GO – Government Owned

• NFPA – National Fire Protection Association

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

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

• USP – United States Pharmacopeia

• VA – Department of Veterans Affairs

7) Ordering

• Medical Grade bulk liquid oxygen can be ordered through the telemetry systems based on automatic monitoring of the bulk liquid oxygen tank system’s established fill point.

Orders with the contractor are considered to be placed when the telemetry system alerts the contractor that the fill point has been reached. VA facilities may accept the standard fill point established by the Contractor. However, VA Safety and/or Engineering personnel reserve the right to establish different fill point settings for the bulk liquid oxygen tank systems. Any amended fill point settings will be communicated to the Contractor by each facility’s Ordering Officer or COR.

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

FAX Number:

Email Address:

Department:

Name of Contact Person:

Address

8) Delivery of Medical Liquid Bulk Oxygen

• Bulk oxygen is ordered by and delivered to the ordering facility in accordance with the unique delivery requirements in Section 20.

• The contractor shall deliver medical-grade liquid oxygen within the time frame specified in

Section 20. The time frame identified may be either the number of calendar days after receipt of the Government’s order; the specific days of the week for delivery; the specific time intervals between deliveries; a specified reorder point; or other specified ordering and delivery method(s) and schedule.

• If the time frame for contractor delivery is not identified in the facility requirements the contractor shall provide 24-hour notice prior to delivery; or upon mutual agreement between the facility and the contractor, alternate ordering deliver methods such as pre-scheduled deliveries, calling for tank level readings, installing a telemetry unit etc. may be arranged. If for any reason the contractor is unable to deliver at the agreed upon day or time the contractor shall provide a 24-hour notice to the COR so that the facility can initiate an alternate backup action.

• In accordance with VHA Patient Safety Alert dated April 5, 2004, all deliveries shall be monitored by a qualified and trained technical representative that will be designed by the facility.

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

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

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

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

• Once validated, the facility shall post the facility and Contractor contact names and numbers on the oxygen tank system and at each monitoring point at the facility so that

24/7 supplier staff coverage is assured.

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

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.

9) Quality Assurance Specifications & Requirements

• All medical gas manufacturers and fillers of medical gases shall be registered with FDA as a drug manufacturer. All oxygen shall be manufactured, processed, packed, transported, and stored according to the FDA’s Current Good Manufacturing Practices

(CGMP) regulations and all labeling shall comply with FDA labeling regulations (21CFR

Part 201).

• All liquid bulk oxygen delivered under this contract shall be medical grade and shall meet or exceed the standards cited in the current edition of the United States Pharmacopoeia

National Formulary U.S.P.

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

1. Prime Contractor’s name and complete address,

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

3. An Air Liquefaction Statement where appropriate,

4. Lot Number or other unique identification number,

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

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

7. Signature of authorized supplier representative and date.

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

• A copy of all inspection reports and training certificates shall be provided to each facility

COR upon the completion of any Contractor owned or Government owned bulk oxygen system inspections that are required and at a minimum done annually and consistent with

NFPA 55 and NFPA 99 code requirements.

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

Manufacturing Practices regulations.

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

• Density data and volume measurement equivalents published in Compressed Gas

Association Pamphlet No P-6 titled Standard Density Data Atmospheric Gases and

Hydrogen shall be used when necessary to convert measurement of gases from one form to another.

10) Applicable Regulations & Standards

The following is a list of some of the regulations and standards that are applicable to this contract.

The list is not comprehensive, and the contractor shall be responsible for ensuring that ALL products, bulk tank systems, and services provided under the contract are in compliance with applicable current Federal, State and Local regulations. If applicable, the editions in effect as of the date of this solicitation are listed. Contractor is responsible for remaining compliant with any future revisions that are effective at the time of contract performance.

Current Edition of:

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

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

3. 49 CFR; Transportation

4. Federal Food, Drug and Cosmetic Act

5. NFPA 55: Compressed Gases and Cryogenic Fluids Code

6. NFPA 99; Standard for Health Care Facilities Code

7. U.S.P. 23

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

Facilities.

11) Contractor Furnished Equipment

• For those facilities having contractor owned bulk tank systems the contractor shall provide, install and maintain bulk oxygen tank system(s) with an appropriate back-up system through the duration of the contract. The contractor may either purchase the existing bulk liquid oxygen tank system from the incumbent (if available) or replace the current bulk liquid oxygen tank system with its contractor owned bulk liquid oxygen tank system.

Throughout the duration of the contract, the contractor shall be liable for the integrity, suitability and safety of contractor owned tank system(s) that will ensure compliance with applicable regulations standards, and commercial practices. The tank capacity and reserve system shown in the schedule are minimum capacities required by the facility.

The manifold or liquid converter must deliver medical-grade liquid bulk oxygen at a pressure and rate of flow adequate to supply the system. Each liquid oxygen storage container must have an outlet that allows access for testing the purity of the oxygen.

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

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

• All equipment and materials required to perform the work in this contract (other than what is specifically listed in Government Furnished Property) shall be provided by the contractor. The contractor owned equipment shall be installed, inspected and maintained by the contractor without additional cost to the Government. (i.e., all installation, inspection and maintenance costs shall be included in the contractor’s monthly equipment rental fee for the facility. The contractor owned equipment shall be kept in commercial operating condition and appearance in accordance with applicable regulations standards and normal good practices. (Like-new condition). The contractor shall be provided reasonable access to the bulk oxygen systems for this purpose. The oxygen tanks shall be secured behind fence secured with a VA owned lock.

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

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

• In addition to the maintenance requirements identified above, the contractor is also responsible for performing minor maintenance on all contractor-furnished bulk tank systems.

Minor maintenance from the contractor shall include validating that the fittings are securely fastened to the system, testing, minor de-icing, and adjusting alarms as required. Training staff on de-icing is required for stations that reserve the right to de-ice. If false alarms are pinging from the tank system, the contractor shall fix and resolve the issue at no cost to the

Government.

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

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

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

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

• Phase-in rental: The initial rental period shall begin on the date the bulk tank system is

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

• All contractor owned bulk tank systems must be installed in accordance with NFPA 55:

Compressed Gases and Cryogenic Fluids Code, Current Edition, NFPA 99: Health Care

Facilities Code, Current Edition, and FDA's Current Good Manufacturing Practices

(CGMP) Regulations. The contractor shall comply with all OSHA standards and applicable safety requirements, including proper signage and use of personal protective equipment.

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

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

• To permit orderly transition from one contractor to another, the contractor shall continue to honor the contract’s monthly equipment rental fee and bulk oxygen contract price for a maximum of (90) ninety days beyond the scheduled expiration of the contract period, unless transition from one contractor to another is completed prior to the (90) 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 the transition period.

• No guarantee is given or implied that the data included in the schedule regarding contractor owned equipment currently located at the facilities is complete and accurate as to the factors affecting the cost of furnishing and installing the required contractor owned tanks and appurtenances. Offerors are strongly encouraged to visit the facility site prior to submitting a bid and to take other steps as may be reasonably necessary to ascertain the nature and location of the work, the general and local conditions which can affect the work;

any requirements to supply temporary fencing per OSHA standards; or the cost thereof.

Failure to do so shall not relieve the offerors from the responsibility of estimating properly the difficulty and cost of successfully performing the work. Site visits may be arranged by contacting the Contracting Officer designated in the solicitation.

13) Licensing, Authorization, and Selling Permissions

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

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

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

14) Liability Insurance Requirement

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

15) Emergency Supply Support

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

National or State Emergency has been declared at the time of award the contractor shall submit the written action plan and protocols to the Contracting Officer and COR within 72 hours of award notification.

16) De-Installation of Contractor Furnished Tank System

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

17) Invoice and Payment

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

18) Security

• Delivery personnel must have in their possession for inspection by VA Police

Department a valid state or government issued identification such as drivers’ license or passport.

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

• The C&A requirements do not apply, and the Security Accreditation Package is not required.

19) Additional Requirements

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

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

• Contractor shall provide the COR with a written electronic and hard copy of the risk assessments as mentioned above within 30 days of award.

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

Government.

• The contractor shall furnish evidence that it has sufficient quantities of 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. Evidence shall include how many such trucks are available in their region, the extent of their region, and the minimum amount of time it would take to have a truck on-site, barring a natural disaster which affects multiple hospitals. Contractors which do not have adequate back up emergency vehicles available as deemed by the VA will not be considered for this solicitation. A minimum response time would be 8 hours.

20) Place of Delivery

Washington DC VA Medical Center

50 Irving St. NW

Oxygen, Medical Liquid Bulk Tank Capacity:

• Main tank 269 inches to fill- 6,006 gal.

• Reserve tank 120 inches to fill- 901 gal.

Delivery Requirements: 2 Days ARO

Delivery Instructions: Delivery 8AM to 4PM Monday-Friday. Driver must contact

Washington DC VAMC Logistics, contact information will be provided at time of award.

B.3 PRICE/COST SCHEDULE

The guaranteed minimum amount is 32,755.40 CF and the contract ceiling amount is

818,885.00 CF.

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES

ESTIMATED

QUANTITY UNIT UNIT PRICE AMOUNT

0001 Estimated Qty 163,777.00 CF __________________ __________________

OXYGEN/ GAS TANK: BULK OXYGEN DELIVERY eCMS Item Line ID 14847323

Pricing Period One: 04/01/2025-03/31/2026

12.00 EA __________________ __________________

BULK DELIVERY eCMS Item Line ID 14847324

1.00 JB __________________ __________________

INSTALL/ REMOVAL eCMS Item Line ID 14847325

12.00 MO __________________ __________________

TANK RENTAL eCMS Item Line ID 14847326

1001 Estimated Qty 163,777.00 CF __________________ __________________

OXYGEN/ GAS TANK: BULK OXYGEN DELIVERY eCMS Item Line ID

Pricing Period Two: 04/01/2026-03/31/2027

2001 Estimated Qty 163,777.00 CF __________________ __________________

Pricing Period Three: 04/01/2027-03/31/2028

3001 Estimated Qty 163,777.00 CF __________________ __________________

Pricing Period Four: 04/01/2028-03/31/2029

4001 Estimated Qty 163,777.00 CF __________________ __________________

Pricing Period Five: 04/01/2029-03/31/2030

GRAND TOTAL __________________

B.4 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION

ESTIMATED

QUANTITY DELIVERY DATE

163,777.00

12.00

1.00

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(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.