36C24618Q9755-001.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 49

36C24618Q9755 08-29-2018

JAMIE SULLIVAN 757-251-4141 09-10-2018

15:00 EST

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

X 100

X

325120

1000 Employees

N/A

FAYETTEVILLE HCC

7300 S. RAEFORD RD

FAYETTEVILLE NC 28304

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 Fayetteville HCC.

All quantities listed are estimates only.

See CONTINUATION Page

X X

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 PRICE/COST SCHEDULE

B.4 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

C.1 52.216-18 ORDERING (OCT 1995)

C.2 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.3 52.216-21 REQUIREMENTS (OCT 1995)

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C.5 52.232-18 AVAILABILITY OF FUNDS (APR 1984)

C.6 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

C.7 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.8 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED

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

C.9 852.219-74 LIMITATIONS ON SUBCONTRACTING - MONITORING AND

COMPLIANCE (JUL 2018)

C.10 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2012)

C.11 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

C.12 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 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (JAN 2008)

E.4 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) .. 32

E.5 VAAR 852.273-72 ALTERNATIVE EVALUATION (JAN 2003)

E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

ITEMS (NOV 2017)

36C24618Q9743

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 OF CONTRACT

1.1 The purpose of this solicitation is to establish a contract for Medical Gases utilized at the Veterans Affairs Medical Centers located at Fayetteville, HCC, 7300 So. Raeford Rd., Fayetteville, NC 28304.

The gases to be purchased include, but are not limited to compressed Medical Air USP, Oxygen USP, Carbon Dioxide USP, Nitrogen NF, Nitrous Oxide USP, Helium USP, Liquid Nitrogen, Compressed Air and Special Medical Gas Mixtures.

1.2 The contract items will be ordered by and delivered to the Logistics designated Point of Contact at the individual facilities listed on the Medical Gas Delivery Schedule. The quantities shown in the schedule are estimates of each facility’s annual requirements. There is no express or implied guarantee that these quantities will be purchased. The schedule indicates whether the contractor will fill government owned (G) cylinders, will provide contractor owned (C) cylinders, or will be servicing the facility with a combination of both (C/G).

1.3 In case of emergencies the contractor shall deliver contracted items within 24 hours of service call.

1.4 A Contracting Officer Representative (COR) will be designated. 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 responsibilities will be provided after award.

1.5 Schedule of Items are as follows.

a. Oxygen cylinder (Size E), 576 per year (c)

b. Carbon Dioxide (Size E), 2 per year (c)

c. Lung Diffusion (Size G), 6 per year (c)

d. Nitrous Oxide (Size E), 2 per year (c)

e. Carbon Dioxide (USP50), 4 per year (c)

f. Nitrogen, Medical Grade (NF200), 2 per year (c)

g. Medical Gas, Blood Gas Mix 4.001% CO2, 15.95% 02, BAL Nitrogen, 6 per year (c)

h. Liquid Nitrogen Grade 20 LITRE FILL, 6 per year (G)

2. CONTRACTOR RESPONSIBILITIES:

2.1 Contractor shall be qualified and have the required levels of professional and technical experience to perform the work required by the statement of work.

2.2 Contractor shall comply with any certifications required by Local, State or Federal Department of Health regulations for transporting cylinders of any type. Proof may be requested by the requiring facility at any time.

PERMITS AND LICENSES - The contractor shall provide copies of permits and licenses required by Federal, State and local laws, regulations and ordinances demonstrating that they are in fact qualified by training and experience to perform the required work. Documents provided at time of award for delivery personnel.

2.3 Contractor shall, within 10 days after contract award, contact the COR to verify the ordering method and clarify the specific details of any delivery instructions outlined in the solicitation schedule.

2.4 Contractor shall have 24 hour / 7 days per week emergency service response available for delivery of urgent VAMC medical gasses or repair of liquid systems. Refer to 4.2.

2.5 Contractor shall ensure the cylinders are in compliance with applicable Federal and State Regulations. Annual cylinder testing/inspections, i.e., hydrostatic tests or leak pressure test requirements by NFPA, shall be coordinated with the COR. Invoices shall be submitted separately on a monthly basis.

2.6 Contractor shall provide all equipment and materials necessary to perform the requirements of the contract.

2.7 Contractor shall ensure that Government owned and rented oxygen cylinders are labeled according to any applicable FDA, DOT, OSHA, or other requirements.

2.8 Contractor shall agree to a minimum 60 day transitional period to allow sufficient time to utilize all medical gas inventory contained in cylinders, while transferring to the future awardees contractors.

During the time of transition, the government facility will continue to incur and pay rental charges accordingly under the existing awarded contract.

2.9 Contractor shall, in conjunction with medical center staff, provide up to two on-site inventories per year per medical center as requested by the upon medical center request.

3. PRODUCT SPECIFICATIONS

3.1 All medical gases shall conform to specifications prescribed in the United States Pharmacopeia and the National Formulary. All medical gas manufacturers and fillers of medical gases 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.

3.2 In addition, the following specifications are incorporated into the solicitation and resulting contracts:

a. Federal Specification BB-A-1034B, Air, Compressed, for Breathing Purposes, dated 27- Dec-1995.

b. Federal Specification BB-C-101D, Carbon Dioxide (CO2) Technical and USP, dated 3/2011.

c. Compressed Gas Association (CGA) Publications G-7 – Compressed Air for Human Respiration, dated 8/3/03, and ANSI/CGA G-7.1 – Commodity Specification for Air, dated 12/29/07.

3.3 All products, equipment, and services provided under the contract awarded under this solicitation shall be in compliance with all applicable Federal, State, and Local regulations.

4. DELIVERY REQUIREMENTS - Transportation of Oxygen will be made in accordance with 49CFR

4.1 The delivery time is specified in the schedule. The specified number of days shall be the number of calendar days after receipt of order. The schedule lists delivery instructions that are unique to each facility. FOB point is destination. All transportation charges for cylinders shall be included in the price of the gas. Additional charges such as delivery fees, hazardous materials fees, fuel surcharges, etc. shall NOT be billed to or collected from the facilities for orders received under this contract.

4.2 Upon delivery, the delivery driver and facility POC (Point of Contact) will conduct a tank count.

Cylinders will be logged in on the ledger with the delivery date and driver ID specified. The tank delivery will be signed for by both the facility POC and delivery driver.

4.3 Pickup of empty cylinders, the delivery driver and facility POC will conduct an empty tank count.

Cylinders picked up will be adjusted on the tank ledger with the pickup date and driver ID specified.

The tank pick-up will be signed for by both the facility POC and delivery driver.

4.4 If for any reason the contractor is unable to deliver at the agreed upon day or time, the contractor will provide 12-hour notice to the COR. The Contractor will find an alternate source and initiate its backup plan. In accordance with VHA Patient Safety Alert dated April 5, 2004, all deliveries must be monitored by a qualified and trained representative i.e. Contracting Officer Representative (COR).

Contractor will be provided with names and contact information of primary and back-up facility representatives. This applies to all deliveries regardless of time or day of execution.

4.5 Emergency Delivery – the contractor agrees to and shall have an emergency response plan that provides for emergency deliveries within 6 hours after notification, 24 hours a day, 7 days a week, in accordance with the contract.

Contractor shall provide emergency plan on date of solicitation submission

Government facility personnel will be available for receipt of emergent cylinders requested up to the sixth hour after notification. This service shall be provided at a fair market value fee.

4.6 Deliveries of refills shall be made Monday through Friday between 0800 and 1600 (excluding holidays which are listed below). If a holiday falls on the specified delivery dates then next day delivery is expected or immediate delivery arrangements need to be made with the COR.

4.7 FEDERAL HOLIDAYS OBSERVED:

New Year’s Day Labor Day

Martin Luther King Day Columbus Day

President’s Day Veterans Day

Memorial Day Thanksgiving Day

Independence Day Christmas Day

4.8 Safety Data Sheets shall be provided to the facility COR upon request at no additional charge.

4.9 At the time of each delivery, the contractor shall provide signed and dated invoices. Documents will be counter-signed by the facility representative supervising the delivery.

Medical Center/Delivery Address Delivery Days Delivery Times

FAYETTEVILLE HCC

7300 So Raeford Rd.

Fayetteville, NC 28304

Tuesday, Friday 8am

5. NON-REPAIRABLE GOVERNMENT PROPERTY

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

5.2 Contractors shall be paid for all services performed and authorized by the ordering activity, up to the determination that a cylinder is non-repairable.

5.3 Contractor shall not charge any additional types of fees, other than those specified above in paragraph 4.2, for the return of non-repairable cylinders to the ordering activity.

5.4 Contractor shall dispose of any non-repairable government-owned property medical gas cylinders.

Disposal fee shall be negotiated and agreed upon between the two parties prior to the disposal of the property.

5.5 Contractor shall replace all non-repairable government owned cylinders. Charges of replacement shall be stated in invoice.

6. CYLINDERS AND OTHER CONTAINERS

6.1 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, etc., for medical gases shall also comply with the Federal Food, Drug, and Cosmetic Act.

6.2 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 1/1/2014.

6.3 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 9/2013.

6.4 Valves

Valves shall comply with CGA Safety Bulletin SB-26 (8/2014) and CGA Publication V-1 – Compressed Gas Association Standard for Compressed Gas Cylinder Valve Outlet and Inlet Connections (5/2013). Valve protection caps for cylinders designated 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.

6.5 Hydrostatic Testing:

A. 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 data.

B. 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 173.34) 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 used exclusively for a specific gas may be considered acceptable evidence of the cylinders’ eligibility for modified testing or inspection.

C. Hydrostatic testing shall be performed in accordance with CGA’s Publication – C-q, Methods for Hydrostatic Testing of Compressed Gas Cylinders, dated 9/7/04.

D. Visual inspection shall be performed in accordance with the applicable CGA Publications C-6 – Standards for Visual Inspection of Steel Compressed Gas Cylinders, dated 8/16/2005 or C-6.1 – Standards for Visual Inspection of High Pressure Aluminum Compressed Gas Cylinders, dated 7/30/02.

E. The contractor shall be responsible for all testing of contractor-owned cylinders at no additional cost to the Government. The government shall pay for the hydrostatic testing of government-owned cylinders at the listed prices in 6.2.

6.6 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.

6.7 Individual Agency Ownership of Cylinders:

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

6.8 Lost or Damaged Contractor-Owned Cylinders

6.8.1 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.

6.8.2 For each contractor-owned cylinder lost or damaged beyond repair while in the Government’s possession, the Government shall pay to the Contractor the replacement value, less the allocable rental paid for that cylinder. These cylinders shall become Government property. If any rental lost cylinder is located within 30 calendar days after payment by the Government, it may be returned to the Contractor by the Government, and the Contractor shall pay to the Government an amount equal to the replacement value, less the rental computed in accordance with section 9 of the Statement of Work.

6.9 Method of Shipment:

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 Transportation of Cylinders:

All transportation charges for empty government-owned and contractor-owned cylinders from the ordering facility to the contractor’s facility shall be at the expense of the contractor.

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

CYLINDERS

7.1 Services Included in the Price of Gas (both Government and Contractor-Owned Cylinders):

The offeror’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, specifications, and normal good practices. Such services shall include, but not be limited to: tags indicating cylinder is “Full”, “In Use”, or “Empty”; inspection, testing, evaluation, and cleaning services 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.

* Please see price schedule

7.2 Services Not Included in Price of Gas for Government-Owned Cylinders:

7.2.1 When required, the contractor shall perform additional services as described below. The price of these services shall not exceed the prices listed below. These rates are the maximum rates that shall be billed to the facility. The contractor shall not bill at a rate that is higher than their standard commercial rate if those rates are lower than the prices listed below. All materials and components shall be furnished by the contractor.

*Please see price schedule

7.2.2 Unlisted Services: Unlisted services (including palletizing, when needed) are not covered by this contract and should be obtained by the ordering office according to applicable procurement regulations.

8. MESAUREMENT AND CONVERSION COMPUTATION, ATMOSPHERIC GASES AND

HYDROGEN:

Density data and volume measurement equivalents printed in CGA Publication P-6 – Standard Density Data, Atmospheric Gases and Hydrogen, dated 3/8/00 shall be used when necessary to convert measurement of these gases from one form to another; for example, from cubic feet to gallons.

9. QUALITY ASSURANCE SPECIFICATIONS AND REQUIREMENTS:

9.1 All medical gas manufacturers and fillers of medical gases shall 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).

9.2 All 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.).

9.3 A valid certificate of analysis shall be provided with each delivery of oxygen. The certificate shall include, at a minimum:

a) Supplier’s name and complete address

b) Name of the product (i.e. Oxygen U.S.P.)

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 proclaims 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.

9.4 A copy of all inspection reports conducted by OSHA, JC. Or any other regulatory agency shall be delivered to the facility COR, upon the completion of any oxygen system inspections that are required by regulation.

10. QUALIFICATIONS AND TRAINING:

10.1. The contractor shall provide records of training and competency assessment of contractor personnel involved with the performance of this contract (Delivery). All new contractor personnel will have completed all required training (i.e. the safe use, storage and handling of medical gases/cylinders, dangers, etc.) prior to delivery of oxygen and/or other medical gases. Documentation will be provided to the VA Contract Officer at time of solicitation submission.

10.2. Contractor will provide initial training and annual refresher training (i.e. the safe use, storage and handling of medical gases/cylinders, dangers, etc.) at no extra cost, to any of the following hospital personnel i.e. Security police, COR or maintenance staff involved with the delivery procedure. This training may need to be conducted at various times to accommodate different shifts.

11. Release of Liability:

1.1 Hold harmless and indemnification agreement: Contractor shall save and hold harmless and indemnify the government against any and all liability, claims, and cost of whatsoever kind and nature for injury to or death of any person or persons and for loss, or damage to any property occurring in connection with or in any way incident to or arising out of the occupancy, use, service, operations, or performance of work under the terms of this contract, resulting in whole or in part from the negligent acts or omissions of Contractor, any subcontractor, or any employee, agent or representative of contractor or subcontractor.

11.2 Damage to government property from cause other than contractor’s negligence: Nothing in the above paragraphs shall be considered to preclude the government from receiving the benefits of any insurance the Contractor may carry which provides for indemnification for any less or destruction of or damage to property in the custody and care of the contractor where such loss, destruction of, or damage to property in the custody and care of the contractor where such loss, destruction of, or damage is to government right to recover against third parties for any loss, destruction of or damage to government property, and upon the request of the Contracting Officer shall, at the government’s expense furnish to the government all reasonable and cooperation including assistance in the prosecution of suit and the execution of instruments of in favor of obtaining recovery.

11.3 Laws and Ordinances: The Contractor shall comply with all laws, ordinances, and regulations (federal, state, country, city or otherwise) covering work of this character and shall include all costs, if any, of such compliance in the price quoted in this offer.

12. IDENTIFICATION:

The Contractors employee(s) shall wear visible identification at all times while on the premises.

13. CONTRACTING OFFICER’S REPRESENTATIVE (COR):

13.1 The contractor will be provided the contract information by the COR prior to the start date.

13.2 Performance of work under this contract shall be subject to the technical direction of the COR, or a representative designated in writing. Technical direction MUST be within the scope of the SOW. The COR DOES NOT have the authority to issue technical direction that:

i. Constitutes a change of assignment or additional work outside the specification(s)/work statement

ii. Constitutes a change as defined in the clause entitled “Changes”;

iii. In any manner cause an increase or decrease in the contract price, or the time required for contract performance;

iv. Changes any of the terms, conditions, or specification(s)/work statement of the contract;

v. Interferes with the Contract’s right to perform under the terms and conditions of the contract;

vi. Directs, supervises or otherwise controls the actions of the Contractor’s employees.

13.3 Technical direction may be oral or in writing. The COR shall confirm oral direction in writing within three (3) workdays, with a copy to the CO.

13.4 The Contractor shall proceed promptly with technical direction issued by the COR. If, in the opinion of the Contractor, any direction of the COR, or his/her designee, falls within the limitations in

(ii) above, the contractor shall immediately notify the CO no later than the beginning of the next work day.

13.5 Failure of the Contractor and the Contracting Officer to agree that technical direction is within the scope of the contract the direction shall be subject to the terms of the clause entitled “Disputes”.

14. CONTRACTOR MANAGEMENT:

Contractor shall provide a point of contact (POC) and perform continual management of the functional areas contained in this SOW. A Contractor employee shall be designated to act for the POC when work is being performed in the Contract Manager’s absence.

15. KEY PERSONNEL:

Key personnel are defined as the Contract Manager, and other designated individuals submitted by the contractor.

16. CONDUCT OF PERSONNEL:

16.1 Personnel employed by the Contractor in the performance of this SOW or any representative of the Contractor entering the VA premises shall be subject to inspections by the Government.

16.2 Contractor is responsible for conduct of his or her employees. The conduct includes, but is not limited to personnel appearance, inappropriate or offensive clothing which could be construed as being lewd, obscene, racially or sexually offensive, etc.

16.3 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.

16.4 Contractor employees shall not consume alcohol or illegal drugs during working hours or at any other time the employees are performing work under this SOW.

17. VEHICLE CONDITION AND MARKINGS:

All Contractor-owned vehicles shall be maintained in an operational condition. Contractor vehicles shall be clearly marked with identification. Markings shall include, but not limited to, the Contractor’s name and telephone number on all equipment and vehicles used to carry out the requirements of the SOW.

Contractor name.

Telephone.

State license tag.

All required regulatory information.

18. REVIEWS:

18.1 Contracting Officer or COR is authorized to review by on-site survey, review of records, or by any other reasonable manner, the quality of services rendered under this contract. All records will be reviewed by the COR or other designated representative of the VA. Payments will be denied when such service does not support the charges or if the service is deemed not necessary or inappropriate.

Such determinations shall be made by the CO or COR, whichever is appropriate.

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

19. CONTRACT AWARD AND ADMINISTRATION:

19.1 The Contracting Officer must include the 60 day transition period in the contract to allow for adequate funding of rental charges and allow for sufficient time to utilize all medical gas inventory contained in the existing cylinders.

19.2 The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this contract. In the event the Contractor effects any changes at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

19.3 Invoice and payment – Payment to be made monthly, in arrears, upon receipt of a properly prepared invoice by the designated POC. The invoice must be itemized to include the following information:

Time period of service

Description of services to include type and quantity of cylinders

Unit Cost billed

Extended amount due

Invoice number

Date of service

Contract number

Invoices rendered not containing the above information are considered incomplete and will be returned for immediate correction.

19.4 No contract will be awarded nor payment made to any individual or entity that appears on the Health and Human Services Office of Inspector General’s (HSS/OIG) List of Excluded Individuals/Entities, or any other Government sponsored list that identifies Contractors as being ineligible for contract award(s).

B.3 PRICE/COST SCHEDULE

CLIN 0001, Base Year 10/1/2018 – 9/30/2019

ITEM DESCRIPTION AND QTY UNIT PRICE EXTENDED PRICE

Oxygen cylinder (Size E), 576 per year (c)

Carbon Dioxide (Size E), 2 per year (c)

Lung Diffusion (Size G), 6 per year (c)

Nitrous Oxide (Size E), 2 per year (c)

Carbon Dioxide (USP50), 4 per year (c)

Nitrogen, Medical Grade (NF200), 2 per year (c)

Medical Gas, Blood Gas Mix 4.001% CO2, 15.95% 02, BAL Nitrogen, 6 per year (c)

Liquid Nitrogen Grade 20 LITRE FILL, 6 per year (G)

TOTAL:

CLIN 1001, Option Year 1 – 10/1/2019 – 9/30/2020

ITEM DESCRIPTION AND QTY UNIT PRICE EXTENDED PRICE

Oxygen cylinder (Size E), 576 per year (c)

Carbon Dioxide (Size E), 2 per year (c)

Lung Diffusion (Size G), 6 per year (c)

Nitrous Oxide (Size E), 2 per year (c)

Carbon Dioxide (USP50), 4 per year (c)

Nitrogen, Medical Grade (NF200), 2 per year (c)

CLIN 2001, Option Year 2 – 10/1/2020 – 9/30/2021

ITEM DESCRIPTION AND QTY UNIT PRICE EXTENDED PRICE

Oxygen cylinder (Size E), 576 per year (c)

Carbon Dioxide (Size E), 2 per year (c)

Lung Diffusion (Size G), 6 per year (c)

Nitrous Oxide (Size E), 2 per year (c)

Carbon Dioxide (USP50), 4 per year (c)

Nitrogen, Medical Grade (NF200), 2 per year (c)

CLIN 3001, Option Year 3 – 10/1/2021 – 9/30/2022

ITEM DESCRIPTION AND QTY UNIT PRICE EXTENDED PRICE

Oxygen cylinder (Size E), 576 per year (c)

Carbon Dioxide (Size E), 2 per year (c)

Lung Diffusion (Size G), 6 per year (c)

Nitrous Oxide (Size E), 2 per year (c)

Carbon Dioxide (USP50), 4 per year (c)

Nitrogen, Medical Grade (NF200), 2 per year (c)

CLIN 4001, Option Year 4 – 10/1/2022 – 9/30/2023

ITEM DESCRIPTION AND QTY UNIT PRICE EXTENDED PRICE

Oxygen cylinder (Size E), 576 per year (c)

Carbon Dioxide (Size E), 2 per year (c)

Lung Diffusion (Size G), 6 per year (c)

Nitrous Oxide (Size E), 2 per year (c)

Carbon Dioxide (USP50), 4 per year (c)

Nitrogen, Medical Grade (NF200), 2 per year (c)

GRAND TOTAL (BASE + OPTIONS):

B.4 DELIVERY SCHEDULE

ITEM NUMBER

PERIOD OF

PERFORMANCE

0001 FAYETTEVILLE HCC

2300 S. RAEFORD RD

FAYETTEVILLE, NC 28304

10/1/2018 -9/30/2019

1001 FAYETTEVILLE HCC

2300 S. RAEFORD RD

FAYETTEVILLE, NC 28304

10/1/2019 - 9/30/2020

2001 FAYETTEVILLE HCC

2300 S. RAEFORD RD

FAYETTEVILLE, NC 28304

10/1/2020 - 9/30/2021

3001 FAYETTEVILLE HCC

2300 S. RAEFORD RD

FAYETTEVILLE, NC 28304

10/1/2021 - 9/30/2022

4001 FAYETTEVILLE HCC

2300 S. RAEFORD RD

FAYETTEVILLE, NC 28304

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 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 10/1/2018 through 9/30/2023.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

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

(End of Clause)

C.2 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $100, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $15, 000;

(2) Any order for a combination of items in excess of $30,000; or

(3) A series of orders from the same ordering office within 3 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph

(b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 2 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.3 52.216-21 REQUIREMENTS (OCT 1995)

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

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

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

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

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

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 9/30/2023.

(End of Clause)

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR

2000)

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

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

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

C.5 52.232-18 AVAILABILITY OF FUNDS (APR 1984)

Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

(End of Clause)

C.6 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS (DEC 2013)

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

(End of Clause)

C.7 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause)

C.8 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED

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

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

(1) Means a small business concern:

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans or eligible surviving spouses (see VAAR 802.201 Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans (or eligible surviving spouses) or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been verified for ownership and control pursuant to 38 CFR 74 and is so listed in the Vendor Information Pages database, (https://www.vip.vetbiz.gov); and

(v) The business will comply with subcontracting limitations in 13 CFR 125.6, as applicable

(2) “Service-disabled veteran” means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(b) General.

(1) Offers are solicited only from verified service-disabled veteran-owned small business concerns.

Offers received from concerns that are not verified service-disabled veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation shall be made to a verified service-disabled veteran-owned small business concern.

(c) Agreement. A service-disabled veteran-owned small business concern agrees that in the performance of the contract, the concern will comply with the limitation on subcontracting requirements in 13 CFR §125.6.

(d) A joint venture may be considered a service-disabled veteran owned small business concern if the joint venture complies with the requirements in 13 CFR 125.15, provided that any reference therein to SDVO SBC is to be construed to apply to a VA verified SDVOSB as appropriate.

(e) Any service-disabled veteran-owned small business concern (non-manufacturer) must meet the requirements in FAR 19.102(f) of the Federal Acquisition Regulation to receive a benefit under this program.

(End of Clause)

C.9 852.219-74 LIMITATIONS ON SUBCONTRACTING - MONITORING AND

COMPLIANCE (JUL 2018)

LIMITATIONS ON SUBCONTRACTING-MONITORING AND COMPLIANCE

(a) This solicitation includes VAAR 852.219-10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of clause)

C.10 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT

REQUESTS (NOV 2012)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001.

(2) Designated agency office has the meaning given in 5 CFR 1315.2(m).

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause.

Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests.

(4) Invoice payment has the meaning given in FAR 32.001.

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System. (See Web site at http://www.fsc.va.gov/einvoice.asp.)

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).

The X12 EDI Web site (http://www.x12.org) includes additional information on EDI 810 and 811 formats.

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances below, the contracting officer directs that payment requests be made by mail, the contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for:

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Clause)

C.11 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain…