36C24623Q1395.docx

36C24623Q1395

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE

DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a.

PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

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

SEE

ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

26.

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

ARE

ARE NOT ATTACHED.

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

-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNAT

URE OF OFFEROR/CONTRACTOR

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

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

565-24-1-185-0004 36C24623Q1395 09-14-2023 John J. Summers 757-315-3421 09-19-2023 08:00

EDT

Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667 X X 325120 1200 Employees Net 30 N/A X Department of Veterans Affairs See Delivery Schedule

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

Department of Veterans Affairs Financial Services Center

PO BOX 149971

Austin TX 78714-9971 512-460-5049 512-460-5221 X See CONTINUATION Page Medical Gases and Cylinder Rental Per Attached Schedule and Statement of Work.

Fill out the 1449, Price Schedule and VAAR Clause 852.219-76 and sign both.

See CONTINUATION Page X X X John J. Summers Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C246 John J. Summers Department of Veterans Affairs 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:

3. INVOICES: Invoices shall be submitted in arrears:

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

http://www.tungsten-network.com/customer-campaigns/veterans-affairs/ ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 STATEMENT OF WORK

MEDICAL GASES

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. There is no express or implied guarantee that these quantities will be purchased.

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

0. The type of contract is a Firm Fixed Price contract.

0. A local point of contact, for ordering and administration, will be designated on the contract.

1. 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.

2.3 Contractor shall contact the POC (Point of Contact) 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/7day 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 POC. 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 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.

1. 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:

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

1. Federal Specification BB-C-101B, Carbon Dioxide (CO2) Technical and USP, DATED 15-PR-1971

1. 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.

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

4.1 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 POC. 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 point of contact. 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.

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:

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

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

5. CYLINDERS AND OTHER CONTAINERS

5.1 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.

5.2 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 6/27/00.

5.3 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 1/1/88.

5.4 Valves

Valves shall comply with CGA Safety Bulletin SB-26 and CGA Publication V-1 – Compressed Gas Association Standard for Compressed Gas Cylinder Valve Outlet and Inlet Connections, dated 12/31/00. 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.

5.5 Hydrostatic Testing:

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.

5.6 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.

5.7 Lost or Damaged Contractor-Owned Cylinders

5.7.1 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.

5.7.2 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. PRICE OF SERVICES FOR CONTRACTOR-OWNED CYLINDERS

6.1 Services Included in the Price of Gas:

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. The contractor is responsible for all maintenance and testing of contractor-owned cylinders.

* Please see price schedule

6.2 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.

7. 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.

8. QUALITY ASSURANCE SPECIFICATIONS AND REQUIREMENTS:

8.1 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).

8.2 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.).

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

1. Supplier’s name and complete address

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

1. An air Liquefaction Statement where appropriate

1. Lot number or other unique identification number

1. 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.)

1. 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.)

1. Signature of authorized supplier representative and date.

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

9. QUALIFICATIONS AND TRAINING:

9.1. 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. Release of Liability:

10.1 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.

10.2 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.

10.3 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.

10.4 Workman’s Compensation: The Contractor shall maintain workman’s compensation insurance as may be required by law covering its employees who performed the services. A copy of this insurance shall be provided to the VA Contracting Officer.

11. IDENTIFICATION:

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

12. 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.

13. KEY PERSONNEL:

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

14. CONDUCT OF PERSONNEL:

14.1 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.

14.2 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.

14.3 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.

14.4 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.

15. 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.

16. REVIEWS:

16.1 Contracting Officer or POC 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 POC 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 POC, whichever is appropriate.

16.2 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 POC, CO and Facility Chief Logistics Officer (FCLO).

17. CONTRACT AWARD AND ADMINISTRATION:

17.1 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.

17.2 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.

17.3 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.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Oxygen, Medical, Size E (LIV 2 walk about equivalent) Contract Period: Base POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6830 - Gases: Compressed and Liquefied

MANUFACTURER PART NUMBER (MPN): OX M-AELIV-3000

Oxygen, Medical, Size H

POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

MANUFACTURER PART NUMBER (MPN): OX M-K

Carbon Dioxide (Size E)

POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

MANUFACTURER PART NUMBER (MPN): CD M-E

Lung Diffusion (Size G), (c)Carbon Monoxide 0.3, Oxygen 21.0, Methane 0.3, Nitrogen Balance

POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

MANUFACTURER PART NUMBER (MPN): LD ME1C-AT

Nitrous Oxide (Size E)

POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

MANUFACTURER PART NUMBER (MPN): NS M-E

Carbon Dioxide (USP50), Size G/50LB

POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

MANUFACTURER PART NUMBER (MPN): CD M-50

Nitrogen, Medical Grade (NF200), Size G

POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

MANUFACTURER PART NUMBER (MPN): NI M-K

Medical Gas, Blood Gas Mix 4.001% CO2, 15.95% 02, BAL Nitrogen

POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

MANUFACTURER PART NUMBER (MPN): BG NICDOXC3-K

Liquid Nitrogen Grade 20 LITRE FILL

POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

MANUFACTURER PART NUMBER (MPN): NI M-FILL

Monthly Cylinder Rental - GAS CYLINDERS: SIZES A, B, C, D, & E CHARGED MONTHLY

POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

MANUFACTURER PART NUMBER (MPN): None

Monthly Cylinder Rental - GAS CYLINDERS: OTHER THAN SIZES A, B, C, D, & E CHARGED MONTHLY

POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Monthly Cylinder Rental - WALK-O2-BOUTS - MRI COMPATIBLE (WITH REGULATOR SIZE E)

POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

EMERGENCY DELIVERY FEE

POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

MANUFACTURER PART NUMBER (MPN): EMERGENCY DEL

Oxygen, Medical, Size E (LIV 2 walk about equivalent) Contract Period: Option 1 POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Oxygen, Medical, Size H

POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Carbon Dioxide (Size E)

POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Lung Diffusion (Size G), (c)Carbon Monoxide 0.3, Oxygen 21.0, Methane 0.3, Nitrogen Balance

POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Nitrous Oxide (Size E)

POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Carbon Dioxide (USP50), Size G/50LB

POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Nitrogen, Medical Grade (NF200), Size G

POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Medical Gas, Blood Gas Mix 4.001% CO2, 15.95% 02, BAL Nitrogen

POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Liquid Nitrogen Grade 20 LITRE FILL

POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Monthly Cylinder Rental - GAS CYLINDERS: SIZES A, B, C, D, & E CHARGED MONTHLY

POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Monthly Cylinder Rental - GAS CYLINDERS: OTHER THAN SIZES A, B, C, D, & E CHARGED MONTHLY

POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Monthly Cylinder Rental - WALK-O2-BOUTS - MRI COMPATIBLE (WITH REGULATOR SIZE E)

POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

EMERGENCY DELIVERY FEE

POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Oxygen, Medical, Size E (LIV 2 walk about equivalent) Contract Period: Option 2 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Oxygen, Medical, Size H

POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Carbon Dioxide (Size E)

POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Lung Diffusion (Size G), (c)Carbon Monoxide 0.3, Oxygen 21.0, Methane 0.3, Nitrogen Balance

POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Nitrous Oxide (Size E)

POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Carbon Dioxide (USP50), Size G/50LB

POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Nitrogen, Medical Grade (NF200), Size G

POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Medical Gas, Blood Gas Mix 4.001% CO2, 15.95% 02, BAL Nitrogen

POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Liquid Nitrogen Grade 20 LITRE FILL

POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Monthly Cylinder Rental - GAS CYLINDERS: SIZES A, B, C, D, & E CHARGED MONTHLY

POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Monthly Cylinder Rental - GAS CYLINDERS: OTHER THAN SIZES A, B, C, D, & E CHARGED MONTHLY

POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Monthly Cylinder Rental - WALK-O2-BOUTS - MRI COMPATIBLE (WITH REGULATOR SIZE E)

POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

EMERGENCY DELIVERY FEE

POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Oxygen, Medical, Size E (LIV 2 walk about equivalent) Contract Period: Option 3 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Oxygen, Medical, Size H

POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Carbon Dioxide (Size E)

POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Lung Diffusion (Size G), (c)Carbon Monoxide 0.3, Oxygen 21.0, Methane 0.3, Nitrogen Balance

POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Nitrous Oxide (Size E)

POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Carbon Dioxide (USP50), Size G/50LB

POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Nitrogen, Medical Grade (NF200), Size G

POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Medical Gas, Blood Gas Mix 4.001% CO2, 15.95% 02, BAL Nitrogen

POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Liquid Nitrogen Grade 20 LITRE FILL

POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Monthly Cylinder Rental - GAS CYLINDERS: SIZES A, B, C, D, & E CHARGED MONTHLY

POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Monthly Cylinder Rental - GAS CYLINDERS: OTHER THAN SIZES A, B, C, D, & E CHARGED MONTHLY

POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Monthly Cylinder Rental - WALK-O2-BOUTS - MRI COMPATIBLE (WITH REGULATOR SIZE E)

POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

EMERGENCY DELIVERY FEE

POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Oxygen, Medical, Size E (LIV 2 walk about equivalent) Contract Period: Option 4 POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Oxygen, Medical, Size H

POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Carbon Dioxide (Size E)

POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Lung Diffusion (Size G), (c)Carbon Monoxide 0.3, Oxygen 21.0, Methane 0.3, Nitrogen Balance

POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Nitrous Oxide (Size E)

POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Carbon Dioxide (USP50), Size G/50LB

POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Nitrogen, Medical Grade (NF200), Size G

POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Medical Gas, Blood Gas Mix 4.001% CO2, 15.95% 02, BAL Nitrogen

POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Liquid Nitrogen Grade 20 LITRE FILL

POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Monthly Cylinder Rental - GAS CYLINDERS: SIZES A, B, C, D, & E CHARGED MONTHLY

POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Monthly Cylinder Rental - GAS CYLINDERS: OTHER THAN SIZES A, B, C, D, & E CHARGED MONTHLY

POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Monthly Cylinder Rental - WALK-O2-BOUTS - MRI COMPATIBLE (WITH REGULATOR SIZE E)

POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

EMERGENCY DELIVERY FEE

POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

B.4 DELIVERY SCHEDULE

7300 Old Raeford Rd.

Fayetteville, NC 28301

USA

910-475-6574 tony.paylor@va.gov

7300 Old Raeford Rd.

Fayetteville, NC 28301

USA

7300 Old Raeford Rd.

Fayetteville, NC 28301

USA

7300 Old Raeford Rd.

Fayetteville, NC 28301

USA

7300 Old Raeford Rd.

Fayetteville, NC 28301

USA

7300 Old Raeford Rd.

Fayetteville, NC 28301

USA

7300 Old Raeford Rd.

Fayetteville, NC 28301

USA

7300 Old Raeford Rd.

Fayetteville, NC 28301

USA

7300 Old Raeford Rd.

Fayetteville, NC 28301

USA

7300 Old Raeford Rd.

Fayetteville, NC 28301

USA

7300 Old Raeford Rd.

Fayetteville, NC 28301

USA

7300 Old Raeford Rd.

Fayetteville, NC 28301

USA

7300 Old Raeford Rd.

Fayetteville, NC 28301

USA

7300 Old Raeford Rd.

Fayetteville, NC 28301

USA

7300 Old Raeford Rd.

Fayetteville, NC 28301

USA

7300 Old Raeford Rd.

Fayetteville, NC 28301

USA

7300 Old Raeford Rd.

Fayetteville, NC 28301

USA

7300 Old Raeford Rd.

Fayetteville, NC 28301

USA

7300 Old Raeford Rd.

Fayetteville, NC 28301

USA

7300 Old Raeford Rd.

Fayetteville, NC 28301

USA

7300 Old Raeford Rd.

Fayetteville, NC 28301

USA

7300 Old Raeford Rd.

Fayetteville, NC 28301

USA

7300 Old Raeford Rd.

Fayetteville, NC 28301

USA

7300 Old Raeford Rd.

Fayetteville, NC 28301

USA

7300 Old Raeford Rd.

Fayetteville, NC 28301

USA

7300 Old Raeford Rd.

Fayetteville, NC 28301

USA

7300 Old Raeford Rd.

Fayetteville, NC 28301

USA

7300 Old Raeford Rd.

Fayetteville, NC 28301

USA

7300 Old Raeford Rd.

Fayetteville, NC 28301

USA

7300 Old Raeford Rd.

Fayetteville, NC 28301

USA

7300 Old Raeford Rd.

Fayetteville, NC 28301

USA

7300 Old Raeford Rd.

Fayetteville, NC 28301

USA

7300 Old Raeford Rd.

Fayetteville, NC 28301

USA

7300 Old Raeford Rd.

Fayetteville, NC 28301

USA

7300 Old Raeford Rd.

Fayetteville, NC 28301

USA

7300 Old Raeford Rd.

Fayetteville, NC 28301

USA

7300 Old Raeford Rd.

Fayetteville, NC 28301

USA

7300 Old Raeford Rd.

Fayetteville, NC 28301

USA

7300 Old Raeford Rd.

Fayetteville, NC 28301

USA

7300 Old Raeford Rd.

Fayetteville, NC 28301

USA

7300 Old Raeford Rd.

Fayetteville, NC 28301

USA

7300 Old Raeford Rd.

Fayetteville, NC 28301

USA

7300 Old Raeford Rd.

Fayetteville, NC 28301

USA

7300 Old Raeford Rd.

Fayetteville, NC 28301

USA

7300 Old Raeford Rd.

Fayetteville, NC 28301

USA

7300 Old Raeford Rd.

Fayetteville, NC 28301

USA

7300 Old Raeford Rd.

Fayetteville, NC 28301

USA

7300 Old Raeford Rd.

Fayetteville, NC 28301

USA

7300 Old Raeford Rd.

Fayetteville, NC 28301

USA

7300 Old Raeford Rd.

Fayetteville, NC 28301

USA

7300 Old Raeford Rd.

Fayetteville, NC 28301

USA

7300 Old Raeford Rd.

Fayetteville, NC 28301

USA

7300 Old Raeford Rd.

Fayetteville, NC 28301

USA

7300 Old Raeford Rd.

Fayetteville, NC 28301

USA

7300 Old Raeford Rd.

Fayetteville, NC 28301

USA

7300 Old Raeford Rd.

Fayetteville, NC 28301

USA

7300 Old Raeford Rd.

Fayetteville, NC 28301

USA

7300 Old Raeford Rd.

Fayetteville, NC 28301

USA

7300 Old Raeford Rd.

Fayetteville, NC 28301

USA

7300 Old Raeford Rd.

Fayetteville, NC 28301

USA

7300 Old Raeford Rd.

Fayetteville, NC 28301

USA

7300 Old Raeford Rd.

Fayetteville, NC 28301

USA

7300 Old Raeford Rd.

Fayetteville, NC 28301

USA

7300 Old Raeford Rd.

Fayetteville, NC 28301

USA

7300 Old Raeford Rd.

Fayetteville, NC 28301

USA

36C24623Q1395

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

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

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;