36C24625Q0150.docx

36C24625Q0150

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

36C24625Q0150 11-19-2024 Ruth Morris 757-315-2985 12-04-2024 11:00

EST

Jerry L. Mann 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 Salem VA Medical Center 1970 Roanoke Blvd Salem VA 24153 Ruth Morris 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 This is a request for the distributions and supply of Medical Gas and Cylinders for Salem VA Medical Center.

See Schedule of Items for full item detail and for price submission.

Contractors shall submit their quotes in accordance with (IAW) the Instructions to Offerors contained herein.

Failure to submit a complete quote, to include but not limited to a technical approach, comprehensive pricing, and all required licenses/certifications (if required) may result in a quoter's quote being deemed technically unacceptable.

Responses are due December 04, 2024 at 11:00 a.m. EST.

See CONTINUATION Page X X X Jerry L. Mann Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR: TBD

b. GOVERNMENT: Contracting Officer 36C246 jerry.mann@va.gov; 757-728-7193 Jerry L. Mann 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.

VA Financial Service Center (FSC) Electronic Invoice Presentment and Payment System https://www.fsc.va.gov/einvoice.asp ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 PRICE/COST SCHEDULE

This is an IDIQ - Indefinite Delivery/Indefinite Quantity order. The Government does not guarantee that it will place any orders under this contract in excess of the guaranteed minimum award amount.

ITEM INFORMATION

CARBON DIOXIDE USP 50 LB GCA 320

Contract Period: Base POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6835 - Medical Gases

CARBON DIOXIDE USP E CGA 940

POP Begin: TBD POP End: TBD

HELIUM USP MEDICAL PURE 200 CGA 580

POP Begin: TBD POP End: TBD

NF GRADE 200 NITROGEN

POP Begin: TBD POP End: TBD

NITROGEN MEDICAL NF 300 CGA 580

POP Begin: TBD POP End: TBD

NITROUS OXIDE USP E CGA 910

POP Begin: TBD POP End: TBD

NITROUS OXIDE USP 200 CGA 326

POP Begin: TBD POP End: TBD

OXYGEN USP MEDICAL PURE E CGA 870

POP Begin: TBD POP End: TBD

PROPANE

POP Begin: TBD POP End: TBD

CYL LD 0.3% CM/0.5% NE/21% OX/NI 200

POP Begin: TBD POP End: TBD

Liquid Nitrogen

POP Begin: TBD POP End: TBD

Argon, Ultra High Purity ARUHP35

POP Begin: TBD POP End: TBD

Hydrotesting of customer owned tanks

POP Begin: TBD POP End: TBD

Delivery Fee

POP Begin: TBD POP End: TBD

Hazmat Fee

POP Begin: TBD POP End: TBD

Audit of Cylinders

POP Begin: TBD POP End: TBD

Lost Cylinders

POP Begin: TBD POP End: TBD

Emergency Delivery

POP Begin: TBD POP End: TBD

CARBON DIOXIDE USP 50 LB GCA 320

Contract Period: Option 1 POP Begin: TBD POP End: TBD

CARBON DIOXIDE USP E CGA 940

POP Begin: TBD POP End: TBD

HELIUM USP MEDICAL PURE 200 CGA 580

POP Begin: TBD POP End: TBD

NF GRADE 200 NITROGEN

POP Begin: TBD POP End: TBD

NITROGEN MEDICAL NF 300 CGA 580

POP Begin: TBD POP End: TBD

NITROUS OXIDE USP E CGA 9

POP Begin: TBD POP End: TBD

NITROUS OXIDE USP 200 CGA 326

POP Begin: TBD POP End: TBD

OXYGEN USP MEDICAL PURE E CGA 870

POP Begin: TBD POP End: TBD

PROPANE

POP Begin: TBD POP End: TBD

CYL LD 0.3% CM/0.5% NE/21% OX/NI 200

POP Begin: TBD POP End: TBD

Liquid Nitrogen

POP Begin: TBD POP End: TBD

Argon, Ultra High Purity ARUHP35

POP Begin: TBD POP End: TBD

Hydrotesting of customer owned tanks

POP Begin:

POP End:

Delivery Fee

POP Begin: TBD POP End: TBD

Hazmat Fee

POP Begin: TBD POP End: TBD

Audit of Cylinders

POP Begin: TBD POP End: TBD

Lost Cylinders

POP Begin: TBD POP End: TBD

Emergency Delivery

POP Begin: TBD POP End: TBD

CARBON DIOXIDE USP 50 LB GCA 320

Contract Period: Option 2 POP Begin: TBD POP End: TBD

CARBON DIOXIDE USP E CGA 940

POP Begin: TBD POP End: TBD

HELIUM USP MEDICAL PURE 200 CGA 580

POP Begin: TBD POP End: TBD

NF GRADE 200 NITROGEN

POP Begin: TBD POP End: TBD

NITROGEN MEDICAL NF 300 CGA 580

POP Begin: TBD POP End: TBD

NITROUS OXIDE USP E CGA 910

POP Begin: TBD POP End: TBD

NITROUS OXIDE USP 200 CGA 326

POP Begin: TBD POP End: TBD

OXYGEN USP MEDICAL PURE E CGA 870

POP Begin: TBD POP End: TBD

PROPANE

POP Begin: TBD POP End: TBD

CYL LD 0.3% CM/0.5% NE/21% OX/NI 200

POP Begin: TBD POP End: TBD

Liquid Nitrogen

POP Begin: TBD POP End: TBD

Argon, Ultra High Purity ARUHP35

POP Begin: TBD POP End: TBD

Hydrotesting of customer owned tanks

POP Begin: TBD POP End: TBD

Delivery Fee

POP Begin: TBD POP End: TBD

Hazmat Fee

POP Begin: TBD POP End: TBD

Audit of Cylinders

POP Begin: TBD POP End: TBD

Lost Cylinders

POP Begin: TBD POP End: TBD

Emergency Delivery

POP Begin: TBD POP End: TBD

CARBON DIOXIDE USP 50LB CGA 320

Contract Period: Option 3 POP Begin:

POP End:

CARBON DIOXIDE USP E CGA 940

POP Begin: TBD POP End: TBD

HELIUM USP MEDICAL PURE 200 CGA 580

POP Begin: TBD POP End: TBD

NF GRADE 200 NITROGEN

POP Begin: TBD POP End: TBD

NITROGEN MEDICAL NF 300 CGA 580

POP Begin: TBD POP End: TBD

NITROUS OXIDE USP E CGA 910

POP Begin: TBD POP End: TBD

NITROUS OXIDE USP 200 CGA 326

POP Begin: TBD POP End: TBD

OXYGEN USP MEDICAL PURE E CGA 870

POP Begin: TBD POP End: TBD

PROPANE

POP Begin: TBD POP End: TBD

CYL LD 0.3% CM/0.5% NE/21% OX/NI 200

POP Begin: TBD POP End: TBD

Liquid Nitrogen

POP Begin: TBD POP End: TBD

Argon, Ultra High Purity ARUHP35

POP Begin: TBD POP End: TBD

Hydrotesting of customer owned tanks

POP Begin: TBD POP End: TBD

Delivery Fee

POP Begin: TBD POP End: TBD

Hazmat Fee

POP Begin: TBD POP End: TBD

Audit of Cylinders

POP Begin: TBD POP End: TBD

Lost Cylinders

POP Begin: TBD POP End: TBD

Emergency Delivery

POP Begin: TBD POP End: TBD

CARBON DIOXIDE USP 50 LB GCA 320

Contract Period: Option 4 POP Begin: TBD POP End: TBD

CARBON DIOXIDE USP E CGA 940

POP Begin: TBD POP End: TBD

HELIUM USP MEDICAL PURE 200 CGA 580

POP Begin: TBD POP End: TBD

NF GRADE 200 NITROGEN

POP Begin: TBD POP End: TBD

NITROGEN MEDICAL NF 300 CGA 580

POP Begin: TBD POP End: TBD

NITROUS OXIDE USP E CGA 910

POP Begin: TBD POP End: TBD

NITROUS OXIDE USP 200 CGA 326

POP Begin: TBD POP End: TBD

OXYGEN USP MEDICAL PURE E CGA 870

POP Begin: TBD POP End: TBD

PROPANE

POP Begin: TBD POP End: TBD

CYL LD 0.3% CM/0.5% NE/21% OX/NI 200

POP Begin: TBD POP End: TBD

Liquid Nitrogen

POP Begin: TBD POP End: TBD

Argon, Ultra High Purity ARUHP35

POP Begin: TBD POP End: TBD

Hydrotesting of customer owned tanks

POP Begin: TBD POP End: TBD

Delivery Fee

POP Begin: TBD POP End: TBD

Hazmat Fee

POP Begin: TBD POP End: TBD

Audit of Cylinders

POP Begin: TBD POP End: TBD

Lost Cylinders

POP Begin: TBD POP End: TBD

Emergency Delivery

POP Begin: TBD POP End: TBD

B.3 DELIVERY SCHEDULE

1970 ROANOKE BLVD

SALEM, VA 24153 6404

USA

540-982-2463 ext. 2646 michael.cunningham7@va.gov

36C24625Q0150

Page 1 of Page 1 of

1970 ROANOKE BLVD

SALEM, VA 24153 6404

USA

1970 ROANOKE BLVD

SALEM, VA 24153 6404

USA

1970 ROANOKE BLVD

SALEM, VA 24153 6404

USA

1970 ROANOKE BLVD

SALEM, VA 24153 6404

USA

B.4 STATEMENT OF WORK

The Veterans Health Administration (VHA), Veterans Integrated System Network (VISN) 06, Veterans Affairs Healthcare System requires a contractor to provide medical gases. The Contractor shall be responsible for providing, filling, transporting, handling, servicing, maintaining, delivering, picking up and storing medical gases and medical gas cylinders/tanks to Salem VAMC. Specifications to supply this facility are listed in this Statement of Work. The gases include, Compressed Medical Air USP, Oxygen USP, Carbon Dioxide USP, Nitrogen NF, Nitrous Oxide USP, Helium USP, and specialty medical gas mixtures.

1. SCOPE

1.1. The VHA, VISN 06, Salem Healthcare Systems requires a contractor to provide medical gases at the Salem VA medical center. The Contractor shall be responsible for providing, filling, transporting, handling, servicing, maintaining, delivering, picking up and storing medical gases and cylinders for Salem VAMC within VISN 06, Healthcare System. All equipment and materials required to perform on the contract shall be provided by the Contractor (other than government-furnished property).

The medical gases must meet or exceed the standards cited in the current edition of the United States Pharmacopoeia/National Formulary (USP).

1.2. 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.

1.3. Location/Facility Requirement: All Supplies of medical cylinder gases shall be delivered to Veterans Administration facility below. The Contractor shall have a facility and/or resources physically located in the geographic areas in which they will provide supplies.

The area as follows:

Salem VA 24153

1.3.1 The contractor shall have unique account established for the facility location.

1.4. The quantities shown in the Schedule of Items are estimates of the requirement. The actual quantities ordered by the facilities will vary based on the medical needs of the facility. Quantities may increase or decrease based on the volume of Veterans and their medical needs. The contract shall be for the actual quantities as ordered by the VA Health Care facility.

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.

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

1.6. This solicitation is for an IDIQ (Indefinite Delivery/Indefinite Quantity), the quantities shown in the solicitation schedule are estimates of the facility’s annual requirement.

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

MATERIAL DESCRIPTION

Estimated annual usage

1.8. Acronyms used in this contract shall be interpreted as follows unless the context expressly requires a different interpretation.

ARO: After Receipt of Order CFR: Code of Federal Regulations CGA: Compressed Gas Association CGMP: FDA Current Good Manufacturing Practice CO: Contracting Officer COR: Contracting Officer Representative CS: Contract Specialist EDI: Electronic Data Interchange FCLO: Facility Chief Logistics Officer FDA: US Food & Drug Administration GFE: Government-Furnished Equipment (Government-Owned) HCS: Health Care System LIN: Line Item Number LOU: Loss of Use (missing/unreturned/damaged cylinders) LPM: Liters Per Minute NFPA: National Fire Protection Association OO: Ordering Officer OSHA: US Department of Labor, Occupational Safety and Health Administration PO: Purchase Order POC: Point of Contact USP: United States Pharmacopoeia/National Formulary VA: Department of Veterans Affairs (Government) VAMC: Veterans Affairs Medical Center VHA: Veterans Health Administration VISN: Veterans Integrated Service Network

1.9. 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, via email that the 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 applicable gas (es).

1.10. Contractor will be provided with the name and contact information of the primary Contracting Officer Representative (COR) within 20 days after award of the contract. Additionally, the contractor shall accept orders from Salem Logistics Staff responsible for clinical supply chain and inventory management.

1.11. 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 Contracting Officer (CO) or VA POC. At the time of each delivery, contractor must provide a legible signed and dated written document that identifies, the number of cylinders being delivered and the number of cylinders being picked-up.

2. LICENSING, AUTHORIZATION, AND SELLING PERMISSIONS

2.1. If the Contractor is the manufacturer of the medical gases it places into the medical gas cylinders being supplied under this contract, it shall provide verification on an annual basis, that it holds current licensing, permits, certifications, or registrations required by the FDA and the states in which this contract is performed.

2.2 If the Contractor is not the manufacturer of the medical gases that are placed into medical gas cylinders being supplied under this contract, the Contractor must provide evidence of the medical gas manufacturer’s current licenses, permits, certifications, or registrations required by the FDA in the states in which this contract is performed, as well as an executed copy of the resellers agreement within ten (10) calendar days of contract award affirmatively demonstrating that the Contractor has authorization by the manufacturer to resell the medical gas and to rent the medical gas cylinders that the Contractor is providing under this contract. In addition, the Contractor shall provide annual updates to any agreements it has with the medical gas manufacturer and medical gas cylinder provider affirmatively demonstrating that the Contractor has authorization by the manufacturer to resell the medical gas and to rent the medical gas cylinders that the Contractor is providing under the contract. In the event of a change in the manufacturer, the Contractor shall provide a minimum of 30 days advance notification, or at the time it is known, to VA of the change in manufacturer, and shall provide evidence of the new medical gas manufacturer’s current licenses, permits, certifications, or registrations required by the FDA and the states in which this contract is performed. The Contractor shall also provide a copy of its signed agreement with the new manufacturer demonstrating that the Contractor has authorization by the manufacturer to resell the medical gases and to rent the medical gas cylinders that the Contractor intends to provide under this contract.

2.3. Throughout the term of this contract, Contractor shall maintain all federal, state, and local licenses applicable to the Contractor, as well as any required FDA certifications. Contractor must also provide, annually, verification that the manufacturer from which it obtains the medical gases placed into the medical gas cylinders provided to VA under this contract holds current licensing, permits, certifications, or registrations required by the FDA and the states in which this contract is performed.

3. LIABILITY INSURANCE REQUIREMENTS

3.1. The Contractor is required to maintain liability insurance in the amount of $1,000,000.00 per occurrence. The ACORD Certificate of Liability must be provided at time of contract award and annually via email to the CO.

4. MEDICAL GAS SPECIFICATION AND REQUIREMENTS

4.1. All medical gases provided in this contract shall be medical grade and shall comply with all applicable FDA, CGA, DOT, and all other federal, state, and local acts, regulations, codes, and standards regarding their manufacture, testing, transportation, shipping, and packaging. The Contractor shall comply with the most current and updated version of these codes and standards for the entire period of performance of this contract.

4.2. 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.). The Contractor shall be registered with the Food and Drug Administration (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. The Contractor shall comply with the most current and updated version of these codes and standards for the entire period of performance of this contract.

4.3. A valid certificate from 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.

4.4. 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.

4.5. Material Safety Data Sheets (MSDS) shall be provided to the facility POC upon request at no additional charge. Contractor shall, at the request of the VA, provide training on procedures associated with safety data and maintaining medical gas cylinders while at VA facility.

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

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

5. CYLINDERS AND ASSOCIATED COMPONENTS:

5.1. Cylinders, tanks, valves and other containers for gaseous and liquid forms of gas provided on this contract shall comply with all applicable FDA, CGA, DOT, and all other federal, state, and local acts, regulations, codes and standards in regard to the manufacture, maintenance, filling, marking, labeling, transportation, shipping, packaging, color-coding, valves, valve protection caps, valve brazing, cylinder fittings, hydrostatic cylinder testing, inspections, visual inspection, and 360 degree cryoband placement. The Contractor shall comply with the most current and updated version of these codes and standards for the entire period of performance of this contract.

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 January 01, 2014. https://www.cganet.com/

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 September, 2013.

https://www.cganet.com/

5.4. 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. https://www.cganet.com/

5.5. 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:

Vendor will need to verify actual tank sizes as this document provides only best-known information at this time in addition tank storage locations and tank refill quantities are subject to change with supply/demand.

5.6. E-Sized oxygen cylinder – fixed regulator system requirements: lightweight aluminum construction; easy-to-carry wide permanent handle to make it easy to lift; minimum flow of 15 Liters Per Minute (LPM); flow rates ranging from 0.25 LPM minimum to 25 LPM; a Diameter Index Safety System (DISS) 50 PSI fitting for transport ventilator hook-up, magnetic resonance imaging (MRI) compatibility and easy to read contents gauge and utilize single-stage valves only.

5.7 Cylinders shall be filled to the maximum manufacturer’s recommended level during each refilling procedure unless a lesser amount is specified in the facility requirements or as agreed upon in a written document signed and dated by the Contracting Officer (CO).

6. GOVERNMENT FURNISHED EQUIPMENT (GFE) - MEDICAL GAS CYLINDERS

6.1. The Contractor is required to pick up GFE medical gas cylinders including attached appurtenances. These cylinders shall be inspected and filled to the maximum functional capacity during each refilling procedure.

Each Government-owned medical gas cylinder and appurtenance shall be returned one for one to match the pick-up number. Empty Government-owned cylinders that are picked up from an ordering facility for re-fill or servicing shall be transported according to the DOT regulations, using normal commercial practices to prevent damage to cylinders.

6.2. All GFE will be labeled, colored, and tagged for identification and tracking by VA. Contractor shall provide accurate GFE cylinder counts for both pickup and delivery on each delivery. If receipts of filled tanks are not complete according to the purchase order(s)/delivery order(s), the missing cylinder quantities will be identified and documented on the delivery slip of government-owned cylinders. A regular review of VA’s tracking of the cylinders shall be used to determine if the Contractor lost any government-owned medical gas cylinders and appurtenances. The Contractor will be responsible to pay for lost or damaged government-owned medical gas cylinders and appurtenances at agreed upon rates identified in the contract.

6.3. Any GFE (cylinders, parts, fittings, and appurtenances) found not to meet compliance requires the Contractor to inform the VA POC and OO both in writing (or via email) and by telephone to give them the opportunity to revise the order. The Contractor shall return the non-compliant GFE back to the ordering facility on the next delivery at no additional cost to VA with documentation and clear marking on the GFE to label it defective.

6.4. GFE shall remain the property of the facility for which the order was placed. GFE items are not exchangeable for other cylinders, either government-owned or contractor-owned without authorization of the ordering agency. Contractor shall fill and return GFE to the specific ordering facility for which the order was placed.

7. Hydrostatic Testing

7.1. At the request of the VA facility, the Contractor shall perform Hydrostatic testing on GFE at the price indicated in the LIN on this contract. Contractor shall provide results in writing for each specific tank tested indicating whether the tank is compliant or not compliant. The Contractor shall return any non-compliant GFE back to the ordering facility on the next delivery at no additional cost to the VA with documentation and clear marking on the GFE to label it defective. The Contractor shall proceed to fill all compliant GFE cylinders and deliver them per normal procedure.

7.2. 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. The Contractor will be required to retest any government-owned cylinder when requested by ordering activity. NOTE: Government cylinders have both a 5 Year and a 10 Year Hydrostatic Testing required.

7.3. 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 DOT 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.

7.4. Hydrostatic testing shall be performed in accordance with the current CGA’s Publication – Methods for Hydrostatic Testing of Compressed Gas Cylinders. https://www.cganet.com/

7.5. Visual inspection shall be performed in accordance with the applicable CGA publications C-6 – Standards for Visual Inspection of Steel Compressed Gas Cylinders or C-6.1 – Standards for Visual Inspection of High Pressure Aluminum Compressed Gas Cylinders. https://www.cganet.com/

7.6. 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. Annual audits are required for inventory counts.

7.7. 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.

7.8. 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.

8. MEASUREMENT AND CONVERSION COMPUTATION, ATMOSPHERIC GASES AND

HYDROGEN:

8.1. 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/

9. CONTRACTOR-PROVIDED MEDICAL CYLINDERs

9.1. Contractor shall provide and maintain cylinders/tanks and equipment. For the duration of the contract, the Contractor is liable for the integrity, suitability, safety, maintenance, inspections, and cylinder tracking of contractor-provided cylinder(s) and ensures they comply with applicable regulations and standards.

9.2. Contractor-provided equipment shall be kept in good operating condition and appearance (i.e., clean, rust free, labeled) and be in accordance with applicable regulations and standards by the Contractor and at the Contractor’s expense. Each station shall provide the Contractor reasonable access to the facilities for this purpose. Contractor shall provide documentation of all safety testing of contractor-provided medical cylinders and appurtenances, including cylinder hydrostatic testing, to the VA upon their request at no additional charge.

9.3. VISN 06, Salem VA Medical Center have the right to refuse dirty cylinders or cylinders that do not meet applicable regulations and standards. The Contractor must replace rejected cylinders within 24 hours at no additional cost to the government.

9.4. The Contractor shall provide training to VA staff upon request at no additional cost to the Government. The training shall ensure that VA employees are proficient and able to safely operate medical gas cylinders and appurtenances in the event of equipment change, technology upgrades and/or any new system/manufacturer specification change.

9.5. Monthly rental charges

9.5.1. Upon the delivery of contractor-provided cylinders, monthly rental rates shall apply to those Cylinders beginning on the day of delivery and shall be subject to verification of receipt by the VA facility. Upon the pickup of emptied contractor-provided cylinders, as noted on the delivery slip by the Contractor’s delivery driver, the rental charges shall cease as of that date for the returned cylinders.

9.5.2. The Contractor shall track the number of contractor-provided cylinders on hand at each facility and shall take note of the beginning balance for cylinders on hand at each facility at the beginning of each rental period. Each monthly rental period shall begin on the first day of the calendar month and shall end on the last day of the calendar month. The Contractor shall adjust the inventory counts for each type of cylinder based on each delivery and pickup throughout the rental period. Contractor shall take note of the ending balance at the end of each rental period and assess the monthly charges for that rental period based on that ending balance. Rental pricing shall be assessed using the CLIN prices for daily rental of cylinders.

9.5.3. The Contractor shall provide, within five (5) business days after the end of the rental period, a monthly summary for each delivery location (sub-accounts) to the individual facility POC showing the following:

· Beginning balance for the rental period

· Cylinders delivered by date

· Cylinders picked up by date

· Ending balance for the rental period

9.5.4. The VA POC will verify the number based on the delivery slips for the rental period and will address any inconsistencies, errors, or omissions and seek to rectify them with the Contractor within five (5) business days of receipt of the monthly summary. The VA POC shall insure the accuracy of invoicing based on the verified number of rental charges reported on the VA POC verified monthly summary.

9.5.5. The VA and the Contractor shall perform an annual, on-site inventory, of all contractor-provided cylinders to verify the accuracy of the end-of-month balance of rental cylinders on the most recent invoice (see Section 13). Each VA facility will coordinate the taking of this inventory with the Contractor. Contractor representative(s) shall participate on-site in the annual inventory audit with the designated VA personnel. VA is responsible for obtaining access to all pertinent areas for the purpose of counting existing contractor-provided cylinders at the specific VA facility.

· After the inventory audit, if more cylinders are found than indicated on the most recent end-of month invoice, the inventory count shall be increased to that number and shall be the beginning balance for the next monthly rental period.

· After the inventory audit, if less cylinders are found than indicated on the most recent end-of-month invoice, the inventory count shall be decreased to that number and shall be the beginning balance for the next monthly rental period.

· The Contractor shall invoice the VA facility for the quantity and type of unaccounted cylinders noted in the annual inventory audit using the relevant CLIN.

· The quantity and type of cylinders that are LOU shall be removed from the beginning balance for the next monthly rental period once the cylinder type and count are agreed upon.

· Once the VA pays the LOU invoice for unaccounted cylinders, those cylinders become VA property.

9.6. Outside of normal pickup/deliveries, no rental charges shall be applied to any cylinder five business days (Saturdays, Sundays, holidays excluded) after the ordering facility has notified the Contractor that said cylinders are ready to be picked up. The day the Contractor is notified is excluded from the five-day period.

If the Contractor is verbally notified of empty cylinders, the ordering facility will document the notification by making a record of the date, time, and Contractor’s representative contacted.

10. TRANSITION / IMPLEMENTATION OF CONTRACTOR-PROVIDED MEDICAL GAS CYLINDERS

10.1. The Contractor shall provide an orientation meeting and training for Salem VA Medical Center within 20 business days of contract award. This orientation meeting will cover information on delivery, orders, Contractor’s points of contact, etc.

10.2. In the event that the awardee of this contract is not the incumbent Contractor (outgoing Contractor), or that the medical gas cylinders and appurtenances furnished by the awardee are not the property of the incumbent Contractor the incoming Contractor shall work with the VA and incumbent Contractor during the phase-in transition period so it can be accomplished without disruption in supplies and services.

Beginning on the effective date of the contract and subject to the establishing of Ordering Officers, facilities will begin placing orders for the medical gases listed on this contract. As the outgoing Contractor’s cylinders are collected, they must be stored apart from the incoming Contractor’s cylinders so as not to encourage the pickup of returned cylinders by the incorrect Contractor.

10.3. Within 90 days after an annual audit or the end of the contract, if lost cylinders for which the Government has paid the Contractor the loss of use fee are found and the Contractor is informed that they are ready to pick up, the Contractor shall credit the Government the lost fee(s) on said tanks.

11. Transition Period/Phase In/Out

11.1. 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 (90) days beyond the scheduled expiration of the contract period, unless transition from one contractor to another is completed prior to the ninety (90) day transition period. For any partial month, the Contractor shall prorate the monthly equipment rental fee accordingly.

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

11.2. 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 tanks from each facility. The change 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

11.3. 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 basis. Prorated monthly rates are based on a 30-day month.

11.4. 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. The same subcontractor is not guaranteed, therefore a reconciliation (inventory) is needed during phase in and phase out transition.

12. ORDERING PROCESSES

12.1. Ordering Officers (OOs) and Contracting Officers (COs) shall be authorized to place orders against this contract for the VA facilities located in VISN 06, VA Healthcare System. The use of OOs will be the primary method used to place orders. Delivery orders may be issued by the CO if needed.

12.2. The Contractor will be provided with the name and contact information of the primary Contracting Officer Representative (COR) within 20 days after award of the contract for the Salem VAMC facility.

12.3. The Contracting Officer shall furnish the Contractor with the name of individual delegated as OO authority by separate letter upon issuance of the contract or agreement within 20 days of contract award. When CO appoint OO after award, the CO will furnish the Contractor with an updated list of the OO authorized to place orders against the contract or agreement. OO may not negotiate contract terms and conditions, modify any of the terms and conditions of the contract, determine price reasonableness, or determine best value. OO are responsible for issuing and administering orders placed under the contract or agreement identified in the appointment letter. The CO must approve any changes or deviations from the terms and conditions of the contract or agreement in writing prior to the OO placing orders invoking those terms and conditions. The Contractor shall accept orders against the contract or agreement only from the CO or authorized OO. Fulfilling orders from persons other than the CO or OO may result in an unauthorized commitment.

12.4. In the event that orders are issued by electronic means i.e., email, telephone, facsimile, Electronic Data Interchange (EDI), the CO and authorized OO will utilize the Line-Item Number (LIN) structure outlined in the awarded contract. OO will place orders based on the facility needs on any day of the monthly billing period. Contractor shall acknowledge receipt of order within two (2) hours of order placement and deliver the order according to the parameters set forth in this SOW.

12.5. Orders placed without the use of EDI ordering processes shall be placed via delivery order using an agreed upon form established by the Contractor and the Government. Orders shall contain at a minimum the following information:

· Date of Order

· Company Name (Contractor)

· Contract number

· VA Facility Name

· VA…