36C24618Q9743-001.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. DUNS: DUNS+4:

PHONE: FAX:

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

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

SEE ADDENDUM

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

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

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

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

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

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

AUTHORIZED FOR LOCAL REPRODUCTION (REV. 2/2012)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 60

36C24618Q9743 08-28-2018

JAMIE SULLIVAN, jamie.sullivan4@va.gov 757-251-4141 09-07-2018

03:00 PM

Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667

X 100

X

325120

1000 Employees

N30

N/A

MULTIPLE ADDRESS IDENTIFIED IN SOW

Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667

Financial Services Center

PO BOX 149971

Austin TX 78714-9971

See CONTINUATION Page

RFQ for medical gases for the Salisbury VAMC, Charlotte HCC, Kernersville HCC, and Charlotte CBOC.

All quantities listed are estimates only.

See CONTINUATION Page

X X

36C24618Q9743

Table of Contents

SECTION A

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

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF WORK

B.3 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM

B.4 PRICE/COST SCHEDULE

B.5 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

C.1 52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST (DEC 2011)

C.2 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)

C.3 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (MAY

2011)

C.4 52.216-18 ORDERING (OCT 1995)

C.5 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.6 52.216-21 REQUIREMENTS (OCT 1995)

C.7 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

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

C.9 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

C.10 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.11 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)

C.12 VAAR 852.219-74 LIMITATION ON SUBCONTRACTING - MONITORING AND

COMPLIANCE (JUL 2018)

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

2012)

C.14 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

C.15 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2018)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.216-1 TYPE OF CONTRACT (APR 1984)

E.2 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

E.3 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.4 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (JAN 2008)

E.5 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(JAN 2008)

E.6 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998)

E.7 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) .. 44

E.8 VAAR 852.273-72 ALTERNATIVE EVALUATION (JAN 2003)

E.9 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

ITEMS (NOV 2017)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C246 Jay James

Network Contracting Office 6

100 Emancipation Drive

Hampton VA 23667

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [x] Monthly

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

Department of Veterans Affairs

Financial Services Center

PO BOX 149971

Austin TX 78714-9971

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

AMENDMENT NO DATE

B.2 STATEMENT OF WORK

1. SCOPE: Contractor shall provide medical gases for all the facilities located within the Salisbury VA

Health Care System (SVAHCS) in accordance with the schedule of items, the specifications listed in this Statement of Work, and the terms and conditions of this contract. The purpose of this requirement is to establish a source supply of medical cylinder gases for the facilities. The gases include, but are not limited to Compressed Medical Air USP, Oxygen USP, Carbon Dioxide USP, Nitrogen NF, Nitrous Oxide USP, Helium USP, and specialty medical gas mixtures.

1.1. Period of Performance: The period of performance for the base period is the date of award through twelve (12) months thereafter, unless terminated earlier pursuant to the terms of this contract. This contract also includes four (4) additional twelve (12) month option periods to extend the contract if exercised by the Government.

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

Veterans Administration facilities below. The Contractor shall have a facility and/or resources physically located in the geographic areas in which they will provide supplies. The areas are as follows:

Facility Address Salisbury VA Medical Center 1601 Brenner Avenue, Salisbury, NC

28144 Charlotte Health Care Center 3506 West Tyvola Road, Charlotte, NC 28208

Kernersville Health Care Center 1695 Kernersville Medical Parkway, Kernersville, NC 27284 Charlotte Community Based Outpatient Center

8601 University East Drive, Charlotte, NC 28213

1.2.1.1. The contractor shall have unique accounts established for each of the facility locations.

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

1.4. Pricing for medical gas tanks shall include all applicable charges, to include any tank rental fee and applicable fees for filling the tank(s).

1.5. Schedule of Items (Base Year and Four (4) Option Years):

Material Number

Item Number Est. Qyt.

UOM

(Cylinder Equivalents of

Product)

Frequency of Delivery

AR HP6K

ARGON Hi Purity/Hi Pressure 6000 PSI Size

11 CY

Called-in by facility

CD USP50

Carbon Dioxide, Med. H

48 CY

Called-in by facility

CD USPE Carbon Dioxide, Medical, Size E 330 CY Called-in by facility

NI M20 Nitrogen, Medical 20# 10 CY Called-in by facility

NI NF200

Nitrogen, Medical, Size H 200 cf

5 CY

Called-in by facility

NI NF300 Nitrogen, Medical, Size T 300 cf 5 CY Called-in by facility

NI

NFDEWARRE

Liquid Nitrogen Dewar Fill, per liter

2505 CY

Called-in by facility

NS USPE

Nitrous Oxide, Medical, Size E, 6 lbs

20 CY

Called-in by facility

NS USP56

Nitrous Oxide, Medical, Size G, 56 lbs

17 CY

Called-in by facility

OX USPE

Oxygen, Medical, Size E

87 CY

Called-in by facility

OX USP250

Oxygen, Medical, Size H, 200 cf

87 CY

Called-in by facility

OX

USPEAWBDS

Oxygen, USP Med, Alum. E, Int.

Valve w/ 50 psi Aux

3125 CY

Called-in by facility

Z04NI7852003

Lung Diffusion .3 CO, .3 Meth, .21% O2; Bal / NI 200 cf

16 CY

Called-in by facility

Z03NI804ME3

Blood Gas, 16% OX, 4% CD, Balance NI, Size E

15 CY

Called-in by facility

OX

M240LT350

Oxygen, Liquid Medical 240 Liter 350 psi

26 CY

Called-in by facility

EMERGENCY

DELIVERY FEE

(as defined in SOW Section 6.14 & as approved by the customer authorizing emergency delivery) 12 EA

Called-in by facility

Rental Monthly Tank Rental Sizes A through E

CYL

EA

Rental Monthly Tank Rental Sizes Other Than A through E CYL

Rental Monthly Tank Rental Liquid containers (portable) greater than 160 liter capacity

Rental Monthly Tank Walk About Size E CYL

1.6. The contractor shall make available any additional gas(es) not included in the Schedule of Items upon notification by the Contracting Officer to support facility needs. The contractor shall accept a written authorization from the Contracting Officer, either via email, facsimile, or letter, that a facility requires additional gas(es) not listed in the Schedule of Items. The contractor shall respond to the Contracting Officer within two (2) business days with the following information:

Material Number Description

UOM

Price/UOM Date Available For Delivery

Delivery of additional gas(es) shall be made in accordance with this Statement of Work. The Government will follow-up the request to add gas(es) with a formal contract modification to add the applicable gas(es).

1.7. Contractor will be provided with the name and contact information of a primary Contracting Officer Representatives (COR) upon award of the contract. Additionally, the contractor shall accept orders from SVAHCS Logistics Staff responsible for clinical supply chain and inventory management at each facility.

1.8. Tanks(s) will be filled to maximum functional capacity at each refilling procedure unless otherwise specified in the facility requirements or as agreed upon in a written document signed and dated by the COR. At the time of each delivery, contractor must provide a legible signed and dated written document that identifies the number of cylinders at the facility prior to delivery, the number of cylinders being delivered, the number of cylinders being picked-up, and the number of cylinders at the facility after the delivery has been made. This document must be counter-signed by the facility representative supervising the delivery. This applies to all deliveries regardless of time or day of execution.

2. GOVERNMENT OWNED PROPERTY:

2.1. Government owned medical gas tank(s) and appurtenances will be maintained by and at the expense of the Contractor in a manner that will insure compliance with applicable regulations, and standards.

2.2.

Individual Agency Ownership of Cylinders: Government-Owned cylinders shall remain the property of the individual ordering (owning) facility and shall not be exchanged for other cylinders, either government-owned or contractor-owned, without authorization of the ordering agency.

3. CONTRACTOR FURNISHED EQUIPMENT:

3.1. For those facilities having contractor owned tanks, the contractor shall provide, install and maintain tank(s) with appropriate back-up system(s), if applicable, 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 tank(s) that will insure compliance with applicable regulations, and standards.

3.2. All equipment and materials required to perform on the contract (other than what is specifically listed in section 2, Government-Furnished Property) 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, and standards. The contractor shall be provided by each requiring facility reasonable access to the facilities for this purpose.

3.3. Unless otherwise directed by the using facility, contractor owned equipment shall be installed by the effective date of the contract and shall be connected to the medical gas system on that date;

provided: that the contractor shall be allowed a maximum of ninety days after receipt of notice of award to complete installation. If the contractor’s equipment replaces equipment already in use, the exchange of equipment shall be accomplished without interruption of gas supply to the using facility. 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.

3.4. Each Government facility that requires installation of contractor owned equipment shall provide suitable location and foundation for the installation of the contractor owned tank(s) in accordance with CGMP Standards. Additionally, each facility shall provide access to an electrical power source and hook-up to a facility-maintained alarm system. The contractor shall perform the hook-up of contractor owned equipment to the facility-maintained alarm system.

3.5. Transition Period/Installation of Contractor-Furnished Equipment:

3.5.1. To permit orderly transition from one contractor to another, the contractor shall continue to honor the contract’s monthly equipment rental fee and gas contract price for a maximum of ninety days beyond the scheduled expiration of this contract, to include the base year and any option year. For any partial month, the contractor shall prorate the monthly equipment rental fee accordingly.

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

3.5.2. Phase In: The incoming contractor shall replace all appropriate VA authorized

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

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

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

4. MEDICAL GAS SPECIFICATION AND REQUIREMENTS:

4.1. All medical gases under the contract shall be medical-grade and shall meet or exceed the standards cited in the current edition of the United States Pharmacopoeia/National Formulary (U.S.P.). Contractor shall be registered with the FDA; and all medical gases shall be manufactured, processed, packed, transported, and stored according to the FDA’s Current Good Manufacturing Practice (CGMP) regulations and Title 21, Code of Federal Regulations, parts 210, 211, and 201 for labeling. All products, equipment and services provided under this contract shall be in compliance with all applicable Federal, State and Local regulations.

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

a)Supplier’s name and complete address

b) Name of the Product

c) An Air Liquefaction Statement where appropriate

d) Lot number or other unique identification number

e) Actual analytical results for full U.S.P. monograph testing. (A statement that only states that the product meets the minimum purity of 99.5%, is not acceptable.)

f) Test method used to perform the analysis. (A statement such as “Meets U.S.P.

specifications” is not acceptable; nor would “Tested via Servomex” be acceptable since the specific model number is not provided.)

g) Signature of authorized supplier representative and date.

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

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

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

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

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

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

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

5. ORDERING:

5.1. The Facility POC(s) will submit requests for delivery of medical gases and rental cylinders to the Contractor, no later than 05:00 PM EST for delivery within 24 hours, including weekends for emergency orders, via email to the Contractor POCs identified in the below table. Vendor must notify the facility of the planned delivery, scheduled within the 24 hour window, including the date and time. After contract award, the Facility POCs and the Contractor may agree upon a defined delivery schedule, as required.

5.2. The contract shall provide a customer service POC to the CO, COR, and the Facility POC(s) no later than 10 business days after contract award, and updated within 10 business days throughout the life of this contract if there are personnel changes.

5.2.1. At a minimum, the contractor will provide the following information per Section 5.2:

Company Name Address Phone Number Fax Number Contact Name Email

6. TASKS/DELIVERY REQUIREMENTS:

6.1. The contractor shall deliver to the facility, the medical gases identified in Section 1.5 of this Statement of Work, in the frequency identified in that section.

6.2. The Facility POC(s) (Point of Contacts) will contact the Contractor to request refills of all medical gases supplied under this contract, as identified in Section 1.5, on an as needed basis, except those identified as a “weekly” requirement.

6.3. The Facility POC(s) will contact the Contractor to request refills of all medical gases identified with a “weekly” frequency of delivery requirement, as shown in the table in Section 1.5.

6.4. 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 Facility POC.

6.5. The Facility POC(s) is responsible for communicating local issues, such as ordering and delivery instructions, within the terms and conditions of the signed contract. The terms and conditions outlined by this contract cannot be changed without signed modification by the Contracting Officer.

6.6. Prior to first filling, and annually thereafter, the contractor must verify, in writing, the accuracy of all gauges on contractor owned tanks.

6.7. On a quarterly basis, the Contractor shall take an inventory of actual cylinders, on-site at the facilities, to verify the accuracy of inventory counts.

6.8. The Contractor will provide 24/7 emergency contact name(s) and telephone number(s).

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

6.10. In accordance with VHA Patient Safety Alert dated April 5, 2004, all deliveries must be monitored by a qualified and trained technical representative that will be designated by each facility. Contractor will be provided with names and contact information of primary and back-up facility representatives (Facility POCs). This applies to all deliveries regardless of time or day of execution.

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

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

6.13. The delivery time shall be Monday – Friday between the hours of 8:00am – 4:00pm Local

Standard Time, excluding Federal Holidays. Delivery shall be within 24 hours after receipt of order. For delivery requests placed on Fridays, the delivery day shall be the following Monday. All transportation charges for cylinders shall be included in the price of the medical gas. Additional charges such as delivery fees, hazardous materials fees, fuel surcharges, shall NOT be billed to, or collected from, the facilities for orders received under this contract.

6.14. Emergency delivery will be provided within 4 hours after receipt of Government notification.

Contractor must respond to the facility by either telephone or email within one hour to confirm receipt of emergency notification to ascertain the nature of the emergency. Emergency status is determined by the Government when conditions warrant, such as an actuated imminent alarm condition, or system leak. Failure of the contractor to remain current with agreed delivery schedule and requirements does not constitute an “emergency” for purposes of charging an emergency delivery fee.

7. INVOICING:

7.1. The Contractor shall submit one invoice, monthly, for incurred charges related to medical gas refill and cylinder tank rental fees. The amount charged for cylinder tank rental shall be for the quantity and types of cylinders in facility inventory, as of the last day of the month.

The facility shall not be invoiced for tanks for which the facility has requested removal.

Medical gas shall be invoiced on the basis of volume for tanks delivered during the invoicing period (one month).

7.2. Emergency deliveries will be invoiced under a separate obligation, for deliveries made in the previous month, through obligation to cover costs incurred in a future period, or through the use of Government Purchase Card for individual deliveries, as they occur.

8. NON-REPAIRABLE GOVERNMENT PROPERTY:

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

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

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

9. CYLINDERS AND OTHER CONTAINERS:

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

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

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

9.4. Valves: Valves shall comply with CGA Safety Bulletin SB-26 dated August, 2014 and CGA

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

9.5. Hydrostatic Testing:

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

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

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

9.5.4. Visual inspection shall be performed in accordance with the applicable CGA publications

C-6 – Standards for Visual Inspection of Steel Compressed Gas Cylinders, dated August 16, 2005 or C-6.1 – Standards for Visual Inspection of High Pressure Aluminum Compressed Gas Cylinders, dated July 30, 2002. https://www.cganet.com/

9.6. Cylinder Sizes: Cylinder sizes shown in the item description indicate product capacity of the cylinder currently being used. All capacities are approximate, and the Government shall be billed only for the actual amount of gas delivered. In accordance with the Federal Food, Drug, and Cosmetic Act, the actual contents of the container must appear on the label:

9.6.1. E-Sized oxygen cylinder – fixed regulator system requirements: Aluminum construction, easy-to-carry handle, minimum flow of 15 LPM, flow rates ranging from 0.25 LPM minimum to 25 LPM, a DISS 50 PSI fitting for transport ventilator hook-up, MRI compatibility and easy to read contents gauge.

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

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

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

10. PRICE OF SERVICES FOR GOVERNMENT-OWNED AND CONTRACTOR-OWNED

CYLINDERS:

10.1. Services Included in the Price of Gas (Both Government and Contractor-Owned Cylinders):

The contractor’s price for the gas shall include the furnishing, at no additional cost, of all services which are required at each and every filling of a cylinder to comply with applicable regulations, and specifications. Such services shall include, but not be limited to: tags indicating cylinder as “Full”, “In Use”, or “Empty”; inspection, testing, evaluation, required at each and every filling; pin-indexing, when required, and attachment of Government-furnished warning tags, when required. Attaching of oxygen cylinders to manifold systems, when required, shall also be performed by the contractor at no additional cost. In addition to services listed in this paragraph, the contractor is responsible for all maintenance and testing of contractor-owned cylinders. Contractor will ensure all tanks are clean free from dirt/rust, i.e.

acceptable use both inpatient/outpatient Health Care Environment. It is the respective using facilities responsibility to tag Contractor owned Cylinders by the internal VA user; i.e.

cylinders charged against the balances of user entities must be tagged “HOSPITAL, RESEARCH,” or “NURSING HOME” to ensure proper inventory control and annotation on daily Delivery Orders to ensure VA entities maintain accountability between separate VA user Accounts.

11. MEASUREMENT AND CONVERSION COMPUTATION, ATMOSPHERIC GASES AND

HYDROGEN:

11.1. Density data and volume measurement equivalents printed in CGA Publication P-6 – Standard

Density Data, Atmospheric Gases and Hydrogen, dated October, 2012 shall be used when necessary to convert measurement of these gases from one form to another; for example, from cubic feet to gallons. https://www.cganet.com/

12. MONTHLY RENTAL OF CONTRACTOR-OWNED CYLINDERS AND LIQUID

CONTAINERS:

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

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

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

13. DELIVERY TICKET:

13.1. Each delivery should contain include a delivery ticket covering the following: Contract

Number, purchase order number, delivery order number, date of order, date delivered, item number and/or product identification number, the number of cylinders at the facility prior to delivery, the number of cylinders being delivered, the number of cylinders being picked-up, and the number of cylinders at the facility after the delivery has been made.

14. CONDUCT OF PERSONNEL:

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

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

15. REVIEWS:

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

(END OF SOW)

B.3 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM

FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of Veterans Affairs has implemented use of the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted to record your contract performance as required by FAR 42.15

The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

Please furnish the Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to your firm’s past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether the Contractor agrees with the evaluation, before returning the report to the Assessing Official. The report information must be protected as source selection sensitive information not releasable to the public.

When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, system requirements, and training information for CPARS are available at www.cpars.gov. The CPARS User Manual, registration for online training for Contractor Representatives may be found at this site.

Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation and the report will be accessible at www.cpars.gov Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official’s narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, blocks 1- 17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection evaluations. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating, “No Comment” in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 30 days, it will automatically be returned to the Government and will be annotated: “The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment.” Your response is due within 30 calendar days after receipt of the CPAR.

The following guidelines apply concerning your use of the past performance evaluation:

(1) Protect the evaluation as “source selection information.” After review, transit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the Contracting Officer for instructions.

(2) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determination, production readiness reviews, or other similar purposes.

If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 30-day review period.

A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been completed.

(End of Notice)

B.4 PRICE/COST SCHEDULE

CLIN

0001 Base Year QTY UNIT UNIT PRICE AMOUNT

11.00 EA

ARGON Hi Purity/Hi Pressure 6000 PSI Size (AR HP6K)

48.00 EA

Carbon Dioxide, Med. H (CD USP50)

330.00 EA

Carbon Dioxide, Medical, Size E (CD USPE)

10.00 EA

Nitrogen, Medical 20#

5.00 EA

Nitrogen, Medical, Size H 200 cf (NI NF200)

Nitrogen, Medical, Size T 300 cf (NI NF300)

2,505.00 EA

Liquid Nitrogen Dewar Fill, per liter (NI NFDEWARRE)

20.00 EA

Nitrous Oxide, Medical, Size E, 6 lbs (NS USPE)

17.00 EA

Nitrous Oxide, Medical, Size G, 56 lbs (NS USP56)

87.00 EA

Oxygen, Medical, Size E (OX USPE)

Oxygen, Medical, Size H, 200 cf (OX USP250)

3,125.00 EA

Oxygen, USP Med, Alum. E, Int. Valve w/ 50 psi Aux (OX

USPEAWBDS)

16.00 EA

Lung Diffusion .3 CO, .3 Meth, .21% O2; Bal / NI 200 cf

(Z04NI7852003 060)

15.00 EA __________________ __________________

Blood Gas, 16% OX, 4% CD, Balance NI, Size E

26.00 EA

Oxygen, Liquid Medical 240 Liter 350 psi

12 EA

Emergency Delivery Fee (defined in SOW 6.14)

500.00 EA

Monthly Tank Rental Sizes A through E CYL

Monthly Tank Rental Sizes Other Than A through E CYL

200.00 EA

Monthly Tank Rental Liquid containers (portable) greater than 160 liter capacity

2,100.00 EA

Monthly Tank Walk About Size E CYL

TOTAL

CLIN

1001 Option Year 1

330.00

87.00 EA __________________ __________________

Oxygen, Medical, Size E (OX USPE)

Lung Diffusion .3 CO, .3 Meth, 21% O2; Bal / NI 200 cf

15.00 EA

Blood Gas, 16% OX, 4% CD, Balance NI, Size E (Z03NI804ME3

065)

200.00

2001 Option Year 2

330.00

10.00

5.00 EA __________________ __________________

Nitrogen, Medical, Size H 200 cf (NI NF200)

15.00

3001 Option Year 3

20.00

16.00

12 EA __________________ __________________

Emergency Delivery Fee (defined in SOW 6.14)

4001 Option Year 4

5.00

500.00

GRAND TOTAL BASE + OPTION YEARS:

B.5 DELIVERY SCHEDULE

ITEM NUMBER

PERIOD OF

PERFORMANCE

MULTIPLE ADDRESS IN SOW

10/1/2018 - 9/30/2018

10/1/2019 - 9/30/2020

10/1/2020 - 9/30/2021

10/1/2021 - 9/30/2022

10/1/2022 - 9/30/2023

SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

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

C.1 52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST (DEC

2011)

(a) Definitions. As used in this clause—

"Acquisition function closely associated with inherently governmental functions" means supporting or providing advice or recommendations with regard to the following activities of a Federal agency:

(1) Planning acquisitions.

(2) Determining what supplies or services are to be acquired by the Government, including developing statements of work.

(3) Developing or approving any contractual documents, to include documents defining requirements, incentive plans, and evaluation criteria.

(4) Evaluating contract proposals.

(5) Awarding Government contracts.

(6) Administering contracts (including ordering changes or giving technical direction in contract performance or contract quantities, evaluating contractor performance, and accepting or rejecting contractor products or services).

(7) Terminating contracts.

(8) Determining whether contract costs are reasonable, allocable, and allowable.

"Covered employee" means an individual who performs an acquisition function closely associated with inherently governmental functions and is—

(1) An employee of the contractor; or

(2) A subcontractor that is a self-employed individual treated as a covered employee of the contractor because there is no employer to whom such an individual could submit the required disclosures.

"Non-public information" means any Government or third-party information that—

(1) Is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552) or otherwise protected from disclosure by statute, Executive order, or regulation; or

(2) Has not been disseminated to the general public and the Government has not yet determined whether the information can or will be made available to the public.

"Personal conflict of interest" means a situation in which a covered employee has a financial interest, personal activity, or relationship that could impair the employee's ability to act impartially and in the best interest of the Government when performing under the contract. (A de minimis interest that would not "impair the employee's ability to act impartially and in the best interest of the Government" is not covered under this definition.)

(1) Among the sources of personal conflicts of interest are—

(i) Financial interests of the covered employee, of close family members, or of other members of the covered employee's household;

(ii) Other employment or financial relationships (including seeking or negotiating for prospective employment or business); and

(iii) Gifts, including travel.

(2) For example, financial interests referred to in paragraph (1) of this definition may arise from—

(i) Compensation, including wages, salaries, commissions, professional fees, or fees for business referrals;

(ii) Consulting relationships (including commercial and professional consulting and service arrangements, scientific and technical advisory board memberships, or serving as an expert witness in litigation);

(iii) Services provided in exchange for honorariums or travel expense reimbursements;

(iv) Research funding or other forms of research support;

(v) Investment in the form of stock or bond ownership or partnership interest (excluding diversified mutual fund investments);

(vi) Real estate investments;

(vii) Patents, copyrights, and other intellectual property interests; or

(viii) Business ownership and investment interests.

(b) Requirements. The Contractor shall—

(1) Have procedures in place to screen covered employees for potential personal conflicts of interest, by—

(i) Obtaining and maintaining from each covered employee, when the employee is initially assigned to the task under the contract, a disclosure of interests that might be affected by the task to which the employee has been assigned, as follows:

(A) Financial interests of the covered employee, of close family members, or of other members of the covered employee's household.

(B) Other employment or financial relationships of the covered employee (including seeking or negotiating for prospective employment or business).

(C) Gifts, including travel; and

(ii) Requiring each covered employee to update the disclosure statement whenever the employee's personal or financial circumstances change in such a way that a new personal conflict of interest might occur because of the task the covered employee is performing.

(2) For each covered employee—

(i) Prevent personal conflicts of interest, including not assigning or allowing a covered employee to perform any task under the contract for which the Contractor has identified a personal conflict of interest for the employee that the Contractor or employee cannot satisfactorily prevent or mitigate in consultation with the contracting agency;

(ii) Prohibit use of non-public information accessed through performance of a Government contract for personal gain; and

(iii) Obtain a signed non-disclosure agreement to prohibit disclosure of non-public information accessed through performance of a Government contract.

(3) Inform covered employees of their obligation—

(i) To disclose and prevent personal conflicts of interest;

(ii) Not to use non-public information accessed through performance of a Government contract for personal gain; and

(iii) To avoid even the appearance of personal conflicts of interest;

(4) Maintain effective oversight to verify compliance with personal conflict-of-interest safeguards;

(5) Take appropriate disciplinary action in the case of covered employees who fail to comply with policies established pursuant to this clause; and

(6) Report to the Contracting Officer any personal conflict-of-interest violation by a covered employee as soon as it is identified. This report shall include a description of the violation and the proposed actions to be taken by the Contractor in response to the violation. Provide follow-up reports of corrective actions taken, as necessary. Personal conflict-of-interest violations include—

(i) Failure by a covered employee to disclose a personal conflict of interest;

(ii) Use by a covered employee of non-public information accessed through performance of a Government contract for personal gain; and

(iii) Failure of a covered employee to comply with the terms of a non-disclosure agreement.

(c) Mitigation or waiver. (1) In exceptional circumstances, if the Contractor cannot satisfactorily prevent a personal conflict of interest as required by paragraph (b)(2)(i) of this clause, the Contractor may submit a request through the Contracting Officer to the Head of the Contracting Activity for—

(i) Agreement to a plan to mitigate the personal conflict of interest; or

(ii) A waiver of the requirement.

(2) The Contractor shall include in the request any proposed mitigation of the personal conflict of interest.

(3) The Contractor shall—

(i) Comply, and require compliance by the covered employee, with any conditions imposed by the Government as necessary to mitigate the personal conflict of interest; or

(ii) Remove the Contractor employee or subcontractor employee from performance of the contract or terminate the applicable subcontract.

(d) Subcontract flowdown. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts—

(1) That exceed $250,000; and

(2) In which subcontractor employees will perform acquisition functions closely associated with inherently governmental functions (i.e., instead of performance only by a self-employed individual).

(End of Clause)

C.2 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS

(APR 2014)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C.

4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112–239) and FAR 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C.