36C24526Q0460_1.docx

Combined Synopsis/Solicitation Notice 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. 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

512-26-2-094-0033 36C24526Q0460 04- -2026 Rebecca Gobble 410-642-2411 ext 26534 05-1 -2026 10:00 am

EDT

Department of Veterans Affairs VA Maryland Health Care System Rebecca Gobble Contracting Officer (90C) P.O. Box 1000, Bldg. 101C, Room 8 Perry Point MD 21902 X 325120 1200 Employees N/A X Department of Veterans Affairs VA Maryland Health Care System 10 N Greene St Baltimore MD 21201

19ACQ

Department of Veterans Affairs VA Maryland Health Care System Rebecca GobbleContracting Officer(19ACQ) P.O. Box 1000, Bldg. 101C, Room 8 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 Medical Grade Bulk Oxygen System for VA Baltimore, MD including main and back up tanks, telemetry, delivery of liquid bulk oxygen and service Base plus four option years Site visits are available 5-5-26 to 5-8-26 8:30 am to 4:40 pm Please contact Eric Deshields

410-605-7000 ext. 58053

Questions due by 05-12-2026 at 4:00 pm EST See CONTINUATION Page 512-3660160-094-828100-2341 010044133 X X Rebecca Gobble Contracting Officer 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:

b. GOVERNMENT: Department of Veterans Affairs VA Maryland Health Care System Rebecca Gobble Contracting Officer (19ACQ) P.O. Box 1000 Perry Point MD 21902 410-642-2411 x26534 Rebecca.Gobble@va.gov

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:

Statement of Work Medical Grade Liquid Bulk Oxygen System

1. General

1.1 The purpose of this solicitation is to provide a new bulk oxygen system (lease) and establish a committed source of supply of medical-grade liquid bulk oxygen for the VA Maryland Health Care System (VAMHCS) Baltimore campus. The VAMHCS requires a contractor to provide a contractor-owned (leased by VAMHCS) bulk oxygen system with an appropriate back-up system approved by the VAMHCS by using the attached drawings. This requirement will be competed unrestricted under NAICS code 325120 in accordance with FAR 19.001 (Non-Manufacturing Rule) and will be evaluated based on Best Value. The successful offeror must coordinate delivery, installation, testing, etc. with the work of project 512-23-902 Baltimore VAMC Bulk Oxygen System Upgrade & Replacement. The successful offeror must coordinate directly with the General Contractor for project 512-23-902. Unless specifically indicated otherwise, all references to the “contractor”, “oxygen supplier”, or “Lessor” in this document shall mean the Bulk Oxygen Supplier / Equipment Lessor. All services and equipment must comply with the latest editions of NFPA 55, Compressed Gases and Cryogenic Fluids Code and NFPA 99, Health Care Facilities Code, as well as all The Joint Commission requirements.

1.2 The quantities shown in the Schedule of Supplies and Services are estimates of the VAMHCS’s annual requirements. There is no express or implied guarantee that these quantities will be purchased. The base contract period under this solicitation will be determined by completion of installation of equipment, approved certification of use and initial change to permanent system from temporary systems.

1.3 Contractor will be provided with names and contact information of primary and back-up COR’s upon award of this solicitation for the 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 tank level prior to fill, the level after fill, 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 and Construction Project General Contractor 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 mutual 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.

1.4 Prior to first filling and annually thereafter, contractor must perform in-service training to all VA staff at the site and will include the following facets for contractor owned Medical Grade Bulk O2 systems: the refill procedure, any preventive maintenance support requirements that may be needed from the medical center systems, and an explanation of all the volume alarm and low pressure set points. The contractor will provide written procedures and training for VA staff for protocols to accomplish emergency shutdowns or other sudden, unplanned termination of the refilling process. Contractor will provide 24/7 emergency contact name(s) and telephone number(s).

1.5 The Contractor, prior to first filling and annually thereafter, must conduct alarm set-point testing and written verification must be presented through the use of a qualified third-party expert per the current edition of NFPA 99 for contractor owned and government owned systems. Any deficiencies in the Medical Center’s bulk oxygen system, as defined by NFPA 55, NFPA 99, or The Joint Commission requirements, must be identified by the contractor. A detailed explanation of these deficiencies must be presented in writing to the COR. Receipt of this written explanation must be signed for by the COR.

1.6 Prior to first filling and annually thereafter, the contractor must verify, in writing, the accuracy of all gauges and must test/ensure accuracy of all government-owned equipment in accordance with the requirements of the applicable codes and standards. If the gauge(s) are government owned, contractor will provide, if requested after award, a written quote with price to verify accuracy of the gauge(s). The Government may choose to exercise this option at its discretion.

2. Acronyms

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

ARO – After Receipt of Order CCF – 100 cubic feet CF – Cubic feet CGA – Compressed Gas Association CGMP – Current Good Manufacturing Practices CO – Contractor owned COR - Contracting Officer’s Technical Representative DOT – Department of Transportation FDA – U.S. Food & Drug Administration GO – Government Owned VAMHCS – Washington, DC VA Medical Center NFPA – National Fire Protection Association OSHA – U.S. Department of Labor, Occupational Safety and Health Administration RST – Reserve Tank USP – United States Pharmacopeia VA – Department of Veterans Affairs

3. Government-Furnished Property

Not applicable

4. Contractor-Furnished Equipment

4.1 The VAMHCS requires installation, testing, and certification of contractor owned equipment in accordance with the following documents, which are attached to this RFQ. These documents are henceforth referred to herein as the “Contract Drawings”.

The contractor shall perform the hook-up of contractor owned equipment to the facility-maintained alarm system. The Contractor shall be liable for, and shall indemnify and hold harmless the Government against, all actions or claims for loss of or damage to property or the injury or death of persons, resulting from the fault, negligence, or wrongful act or omission of the Contractor, its agents, or employees.

4.2 Reserved

4.3 The contractor shall provide, install and maintain bulk oxygen equipment in accordance with the requirements of the contract drawings and with approval from the COR. Through the duration of the contract, the contractor shall be liable for the integrity, suitability, and safety of contractor owned equipment that will ensure compliance with applicable regulations, standards and normal good practices. Manifold, for the reserve supply, liquid converter, alarm switch, regulator, valves, level indicator, and any other devices or connections required for proper tie-ins with the facility’s gas system shall be furnished by the contractor, without cost to the Government. The manifold or liquid converter shall deliver gas at a pressure and rate of flow adequate to supply the system. Each liquid oxygen storage container shall have an outlet that allows access for testing the purity of the oxygen. Supplier shall be required to store all leased equipment until the Construction Project has reached such a point that the equipment can be installed. Supplier is a required to obtain all required permits from City of Baltimore.

4.4 All equipment and materials required to perform on the contract shall be provided by the contractor. Contractor owned equipment shall be installed, inspected and maintained by the contractor at the Contractor’s expense (i.e., all installation, inspection and maintenance costs shall be included in the contract’s monthly equipment rental fee for the applicable facility.) Contractor owned equipment shall be kept in good operating condition and appearance, in accordance with applicable regulations, standards and normal good practices. The contractor shall be provided reasonable access to the bulk oxygen systems for this purpose.

5. Installation of Contractor-Owned Equipment

5.1 Unless otherwise directed by the using facility, contractor owned equipment shall be installed in accordance with the awarded vendor of project 512-23-902 Baltimore VAMC Bulk Oxygen System Upgrade & Replacement schedule of event(s) of their contract and shall be connected to the medical gas system on their date; provided: that the contractor shall be allowed a maximum of thirty days after receipt of notice of award to complete installation. Contractor installed equipment 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 so as to avoid interruption of gas supply.

5.2 No guarantee is given or implied that data included in the Schedule of Supplies and Services 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 and review drawings prior to submitting a quote and take other steps as may be reasonably necessary to ascertain the nature and location of the work, and the general and local conditions which can affect the work or the cost thereof. Failure to do so shall not relieve offerors from the responsibility of estimating properly the difficulty and cost of successfully performing the work. Site visits may be arranged by contacting the COR designated in the Solicitation Schedule of Supplies and Services. Site visits can be scheduled Monday to Friday during the hours of 8:30 am to 12:00 pm EST.

5.3 No guarantee is given or imply that data included in the Schedule of Supplies and Services 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.

5.4 All contractor owned equipment shall be installed in accordance with current editions of NFPA 55, Compressed Gases and Cryogenic Fluids Code, and NFPA 99 Health Care Facilities Code, , 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.

5.5 The Contractor is responsible for all materials, equipment, labor, and other work required by the Contract Drawings and this Scope of Work document, including the applicable scope outlined below:

Document Scope:

The boundary between the VA owned infrastructure, the construction project and the Leased portion of the system is defined below. This document is intended to assist in the understanding of the responsibilities between the owned infrastructure, construction project, and the oxygen supplier that is leasing the oxygen system to the VAMHCS. This document is to be used in conjunction with the project prints, specifications and narrative.

Alarm Systems:

The alarm sensors and wiring for the tank farm oxygen system alarms listed below are to be installed and connected by the oxygen supplier. These connections will run from the tank level sensors and tank farm pressure switches to the local alarm panel mounted on the side of the pressure control panel. The wires are then to be installed by the oxygen supplier and connected to a VAMC construction project supplied tank farm junction box located in the tank farm in close proximity to the pressure control cabinet. The specific alarms that are to be installed and wired this way are below:

Oxygen Primary Tank Low Level Oxygen Reserve System In Use Oxygen Reserve Tank Low Level Oxygen Reserve Low Pressure

All alarm wiring from the VAMC supplied tank farm junction box to the three master alarms should be wired by the VAMC construction project. This wiring will be run from the tank farm area junction box to the master alarm connections in close proximity to the old oxygen system at the corner of Fayette and Arch Street corner of the building.

All other alarms for the high/low oxygen pressure switch, oxygen analyzers, fan controls, emergency buttons, etc., should be supplied, installed and wired as part of the VAMC construction project.

Alarm wiring connections, performed by the Contractor, for the tank farm level and pressure alarms to the medical gas master alarms must be coordinated by the contractor with the oxygen system lessor, the Baltimore VAMC, and shutdown of the temporary oxygen system. The verification of the tank farm alarms at the local alarm panel and the purchased junction box is the responsibility of the oxygen system lessor. The tank farm alarms and related wiring from the tank farm junction box to the master alarms is the responsibility of the contractor.

Oxygen Components and Piping:

The oxygen supply entity must supply and install the tanks, tank PRV Pipe Away Kits, reserve tank flow capacity enhancing kit, all ambient vaporizers, electric vaporizers, control cabinet with local alarms and the Chart remote fill systems and all pressure release devices and related interconnection piping. However, the VAMC must install the pressure relief device manifold trunk lines along the inner wall of the tank farm with provisions for the oxygen supply company to tie into this trunk line piping. Each connection point on the pressure relief trunk lines should be stubbed, cut and capped in preparation for connection to PRV piping that is installed during the installation of the oxygen system.

The 2” oxygen main service piping that is routed from the pressure control panel at the tank farm though the hospital is part of the VAMC construction/infrastructure project. This pipe must initiate in the tank farm with a 2” source valve in the tank farm in close proximity to the pressure control cabinet and terminate in the tank farm with a section of pipe with a brazed cap. The oxygen supply company will remove the brazed cap and tie in the pressure control cabinet outlet piping to this service piping at the source valve. This oxygen service pipe will be installed as part of the construction project from the tank farm source valve to the old oxygen supply piping where the old oxygen system connected to the building distribution pipe. This includes the installation of the oxygen pressure switch and related alarm wiring for the pressure switch.

All circuits for the oxygen analyses, ventilation fans, warning lights, warning alarms, warning buttons are to be installed during the construction project.

Power Wiring and Connections:

The VAMC construction project will install all power wiring to the tank farm for the oxygen pressure control cabinet local alarm panel, the oxygen fill remote loading Control Cabinets for the PLCs, Ventilation fans and all other system components. The connection of power to leased components will be coordinated between the lessor and the construction contractor.

Component Ground Wiring:

A ground station for grounding the leased oxygen system components will be provided by the VAMC construction project. The oxygen supplier will supply, run, and connect the ground wiring at the ground station for each of the oxygen components. All other items and infrastructure are part of the VA construction project.

6. Delivery of Medical Liquid Bulk Oxygen

6.1 Bulk oxygen is ordered by and delivered to the VAMHCS. Information regarding the facility’s unique delivery requirements is included in the solicitation Schedule of Supplies and Services.

6.2 The contractor shall deliver medical-grade liquid oxygen within the time-frame specified in the Schedule of Supplies and Services. 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 mutual agreement between the facility and contractor, alternate ordering/delivery methods such as pre-scheduled deliveries, calling for tank level readings, electronic , etc. may be arranged. If, for any reason, the contractor is unable to deliver at the agreed upon day or time, then the contractor will provide 24-hour notice to the COR, so the facility can initiate an alternate backup action. 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.

6.2.A. Contractor will acknowledge alley/road width is approximately 10 feet, with minimum turning radius.

6.2.B Tanks will be filled remotely using the new remote fill connection and equipment.

6.3 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.

6.4 At the time of each delivery, the contractor must provide a legible signed and dated written document that identifies the tank level prior to fill, the level after fill, and the quantity delivered. This document must be counter-signed by the facility representative supervising the delivery.

6.5 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 are warranted, such as an actuated main bulk tank low level alarm, 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.

7. Quality Assurance Specifications and Requirements

7.1 All medical gas manufacturers and fillers of medical gases must be registered with 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).

7.2 All liquid bulk oxygen 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.).

7.3 A valid certificate of analysis shall be provided with each delivery of liquid oxygen. 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.

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

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

7.6 All contractor owned equipment shall be maintained or repaired in accordance with NFPA 55: Standard for Bulk Oxygen Systems at Consumer Sites, 2001 and FDA’s Current Good Manufacturing Practices (CGMP) Regulations.

8. 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 service is provided must be followed. 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 oxygen.

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

49 CFR – Transportation

Federal Food, Drug, and Cosmetic Act

NFPA 55: Compressed Gases and Cryogenic Fluids Code

NFPA 99: Health Care Facilities Code

NFPA 101: The Life Safety Code ®

VA Technical Information Library (all applicable documents)

The Joint Commission Standards

U.S.P. 23

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. For example, the following conversion factor shall apply for conversion from gallons to cubic feet.

Calculation based on data in CGA P-6 1 ft³ liquid O2 = 860.6 ft³ gas (Table 1) 1 ft³ liquid O2 = 7.48052 gal ((Table 2)

Therefore:

7.48052 gal (1 ft³) liquid O2 = 860.6 ft³ gas 1 gal liquid O2 = 860.6 ft³ gas 7.48052 1 gal liquid O2 = 115.05 ft³ gas or more commonly quoted as 1 gal liquid O2 = 115.1 ft³ gas

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-grade liquid bulk oxygen. This includes a contractor-owned tank with an appropriate back-up system.

VAMHCS

Base Year

Period of performance: TBD

Tank Rental For Period TBD

Installation of Tank

MO

EA

Option year: 1

Period of performance: TBD

Option Year 2

Period of performance: TBD

Option year 3

Period of performance: TBD

Option year 4

Period of performance: TBD

Baltimore Campus:

Baltimore, MD 21201

Delivery Requirements:

Delivery Instructions: Monday through Friday, excluding Federal Holidays. Hours of delivery will be 0700-1830 hours EST Equipment Specifications: Basis of design is a Chart model with associated equipment

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Liquid Bulk Oxygen Deliveries are made monthly based on consumption of 170 gallons per day.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6835 - Medical Gases

RENTAL OF LIQUID BULK OXYGEN TANK

Contract Period: Base POP Begin:

POP End:

Telemetry

POP Begin:

POP End:

Installation of Bulk Oxygen Tank

POP Begin:

POP End:

Liquid Bulk Oxygen

Contract Period: Option 1 POP Begin:

POP End:

RENTAL OF LIQUID BULK OXYGEN TANK

Contract Period: Option 1 POP Begin:

POP End:

Telemetry Contract Period: Option 1 POP Begin:

POP End:

Liquid Bulk Oxygen

Contract Period: Option 2 POP Begin:

POP End:

RENTAL OF LIQUID BULK OXYGEN TANK

Contract Period: Option 2 POP Begin:

POP End:

Telemetry Contract Period: Option 2 POP Begin:

POP End:

Liquid Bulk Oxygen

Contract Period: Option 3 POP Begin:

POP End:

RENTAL OF LIQUID BULK OXYGEN TANK

Contract Period: Option 3 POP Begin:

POP End:

Telemetry Contract Period: Option 3 POP Begin:

POP End:

Liquid Bulk Oxygen

Contract Period: Option 4 POP Begin:

POP End:

RENTAL OF LIQUID BULK OXYGEN TANK

Contract Period: Option 4 POP Begin:

POP End:

Telemetry Contract Period: Option 4 POP Begin:

POP End:

B.3 DELIVERY SCHEDULE

Baltimore, MD 21201

USA

12.00

Baltimore, MD 21201

12.00

Baltimore, MD 21201

12.00

Baltimore, MD 21201

1.00

Baltimore, MD 21201

12.00

Baltimore, MD 21201

12.00

Baltimore, MD 21201

12.00

Baltimore, MD 21201

12.00

Baltimore, MD 21201

12.00

Baltimore, MD 21201

12.00

Baltimore, MD 21201

12.00

Baltimore, MD 21201

12.00

Baltimore, MD 21201

12.00

Baltimore, MD 21201

12.00

Baltimore, MD 21201

12.00

Baltimore, MD 21201

12.00

36C24526Q0460

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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. 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; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

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

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

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

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

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

(End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Clause)

C.3 52.217-7 OPTION FOR INCREASED QUANTITY—SEPARATELY PRICED LINE ITEM (MAR 1989) The Government may…