36C24625Q1025.docx
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- Attached to
- 6835--Medical Gases
- Solicitation number
- 36C24625Q1025
About this file
This is a Request for Quote (RFQ) for medical gases and cylinder/tank rental for the Department of Veterans Affairs (VA) Richmond Medical Center. The solicitation (36C24625Q1025) seeks a consolidated one-year contract for medical gases including 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. Key contract details include a base period from 7/20/2025 to 7/19/2026, with potential for two additional one-year option periods.
The contract covers multiple line items for cylinder rental, medical gases, emergency deliveries, and specific gas tank requirements. Delivery will be to Hunter Holmes McGuire VAMC in Richmond, VA, with weekly orders placed on Wednesdays for delivery by 1500 Thursday. The solicitation is set aside for small businesses, specifically under NAICS code 325120 (Industrial Gas Manufacturing) with a size standard of 1,200 employees. Quotes are due on 8/15/2025 at 1 PM EST, with award to be made to the lowest-priced technically acceptable offeror. Emergency delivery services are required, with a 6-hour response time available 24/7, and the contractor must provide comprehensive medical gas management including cylinder tracking, testing, and replacement.
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36C24625Q1025
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
36C24625Q1025 08-11-2025 Ronnie Gregory 7577287188 08-15-2025
1PM
EDT
Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667 X 325120 1200 Employees
NET 30
N/A X Department of Veterans Affairs Richmond VA Medical Center 1201 Broad Rock Blvd Richmond VA 23249 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 Solicitation is to establish a consolidated one (1) year contract IAW the Richmond VAMC, Statement of Work and the Price/Cost Schedule.
All quotes are due NLT 8/15/2025 at 1 P.M. EST Award will be made to the lowest prices offeror who meets the requirements and acceptability.
Submit all responses to this solicitation to Ronnie.Gregory@va.gov See CONTINUATION Page X Ronnie Gregory Contracting Officer Table of Contents
| SECTION A | 1 |
| A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES | 1 |
| SECTION B - CONTINUATION OF SF 1449 BLOCKS | 4 |
| B.1 CONTRACT ADMINISTRATION DATA | 4 |
| B.2 PRICE/COST SCHEDULE | 5 |
| ITEM INFORMATION | 5 |
| B.3 DELIVERY SCHEDULE | 6 |
| SECTION C - CONTRACT CLAUSES | 9 |
| C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 9 |
| C.2 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018) | 9 |
| C.3 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023) | 9 |
| C.4 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) | 10 |
| C.5 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) | 11 |
| C.6 VAAR 852.246-71 REJECTED GOODS (OCT 2018) | 11 |
| C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2025) (DEVIATION FEB 2025) | 12 |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 21 |
| SECTION E - SOLICITATION PROVISIONS | 41 |
| 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023) | 41 |
| E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 44 |
| E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) | 44 |
| E.3 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023) | 47 |
| E.4 VAAR 852.239-75 INFORMATION AND COMMUNICATION TECHNOLOGY ACCESSIBILITY NOTICE (FEB 2023) | 48 |
| E.5 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) | 49 |
| E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024) (DEVIATION FEB 2025) | 49 |
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 Ronnie Gregory
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:
| [X] |
| 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or |
| [X] |
| 52.232-36, Payment by Third Party |
3. INVOICES: Invoices shall be submitted in arrears:
| a. Quarterly | [] |
| b. Semi-Annually | [] |
| c. Other | [X] ARO and Services completed |
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:
| AMENDMENT NO |
| DATE |
B.2 PRICE/COST SCHEDULE
ITEM INFORMATION
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 12.00 |
| MO |
| __________________ |
| __________________ |
CYLINDER RENTAL: Contractor shall provide rental medical gas cylinders in accordance with the statement of work. Period of Performance: 7/20/2025 - 7/19/2026 Contract Period: Base POP Begin: 07-20-2025 POP End: 07-19-2026 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6835 - Medical Gases MANUFACTURER PART NUMBER (MPN): None NATIONAL STOCK NUMBER: None LOCAL STOCK NUMBER: None
| 12.00 |
| MO |
| __________________ |
| __________________ |
MEDICAL GASES: The contractor shall provide medical gases in accordance with the Statement of Work. Period of Performance: 7/20/2025 - 7/19/2026
POP Begin: 07-20-2025 POP End: 07-19-2026 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6835 - Medical Gases MANUFACTURER PART NUMBER (MPN): None
| 36.00 |
| JB |
| __________________ |
| __________________ |
EMERGENCY DELIVERIES: The Contractor shall provide medical gases and rental cylinders in accordance with the Statement of Work. The unit price for this CLIN represents the contractor's flat price for emergency deliveries. Period of Performance: 7/20/2025 - 7/19/2026
POP Begin: 07-20-2025 POP End: 07-19-2026 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6835 - Medical Gases MANUFACTURER PART NUMBER (MPN): None
| 62.00 |
| EA |
| __________________ |
| __________________ |
MEDICAL GAS TANK LIQUID NITROGEN LD 35
POP Begin: 07-20-2025 POP End: 07-19-2026 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6835 - Medical Gases
MANUFACTURER PART NUMBER (MPN): LD 35
NATIONAL STOCK NUMBER: LD 35
LOCAL STOCK NUMBER: LD 35
| 50.00 |
| EA |
| __________________ |
| __________________ |
LIQUID NITROGEN LD 50
POP Begin: 07-20-2025 POP End: 07-19-2026 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6835 - Medical Gases
MANUFACTURER PART NUMBER (MPN): LD 50
NATIONAL STOCK NUMBER: LD 50
LOCAL STOCK NUMBER: LD 50
| GRAND TOTAL |
| __________________ |
B.3 DELIVERY SCHEDULE
| ITEM NUMBER |
| SHIPPING INFORMATION |
| QUANTITY |
| DELIVERY DATE |
| 0001 |
| SHIP TO: |
| Hunter Holmes McGuire VAMC |
1201 Broad Rock Blvd Richmond, VA 23249
USA
| 12.00 |
| 7/20/2025 - 7/19/2026 |
| MARK FOR: |
| Leon Jackson Jr |
804-675-5000 x1990 Leon.Jackson@va.gov
| FOB: |
| DESTINATION |
| 0002 |
| SHIP TO: |
| Hunter Holmes McGuire VAMC |
1201 Broad Rock Blvd Richmond, VA 23249
USA
| 12.00 |
| 7/20/2025 - 7/19/2026 |
| MARK FOR: |
| Leon Jackson Jr |
| FOB: |
| DESTINATION |
| 0003 |
| SHIP TO: |
| Hunter Holmes McGuire VAMC |
1201 Broad Rock Blvd Richmond, VA 23249
USA
| 36.00 |
| 7/20/2025 - 7/19/2026 |
| MARK FOR: |
| Leon Jackson Jr |
| FOB: |
| DESTINATION |
| 0004 |
| SHIP TO: |
| Hunter Holmes McGuire VAMC |
1201 Broad Rock Blvd Richmond, VA 23249
USA
| 62.00 |
| 7/20/2025 - 7/19/2026 |
| MARK FOR: |
| Leon Jackson Jr |
| FOB: |
| DESTINATION |
| 0005 |
| SHIP TO: |
| Hunter Holmes McGuire VAMC |
1201 Broad Rock Blvd Richmond, VA 23249
USA
| 50.00 |
| 7/20/2025 - 7/19/2026 |
| MARK FOR: |
| Leon Jackson Jr |
| FOB: |
| DESTINATION |
Page 1 of Page 1 of
SECTION C - CONTRACT CLAUSES
ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.
The following clauses are incorporated into 52.212-4 as an addendum to this contract:
C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/
(End of Clause)
| FAR Number |
| Title |
| Date |
| 52.204-13 |
| SYSTEM FOR AWARD MANAGEMENT MAINTENANCE |
| OCT 2018 |
| 52.204-18 |
| COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE |
| AUG 2020 |
C.2 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.3 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023)
(a) No used, refurbished, or remanufactured supplies or equipment/parts shall be provided. This procurement is for new Original Equipment Manufacturer (OEM) items only. No gray market items shall be provided. Gray market items are OEM goods intentionally or unintentionally sold outside an authorized sales territory or sold by non-authorized dealers in an authorized sales territory.
(b) No counterfeit supplies or equipment/ parts shall be provided. Counterfeit items include unlawful or unauthorized reproductions, substitutions, or alterations that have been mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified item from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer. Unlawful or unauthorized substitutions include used items represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics.
(c) Vendor shall be an OEM, authorized dealer, authorized distributor, or authorized reseller for the proposed equipment/system, verified by an authorization letter or other documents from the OEM. All software licensing, warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions.
(End of Clause)
C.4 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)
(a) Definitions. As used in this clause—
(1) Contract financing payment has the meaning given in FAR 32.001;
(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;
(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; and
(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 at the current website address provided in the contract.
(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).
(d) Invoice requirements. Invoices shall comply with FAR 32.905.
(e) Exceptions. If, based on one of the circumstances in this paragraph (e), 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.5 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)
The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract. Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.
(End of Clause)
C.6 VAAR 852.246-71 REJECTED GOODS (OCT 2018)
(a) Supplies and equipment. Rejected goods will be held subject to Contractor’s order for not more than 15 days, after which the rejected merchandise will be returned to the Contractor’s address at the Contractor’s risk and expense. Expenses incident to the examination and testing of materials or supplies that have been rejected will be charged to the Contractor.
(b) Perishable supplies. The Contractor shall remove rejected perishable supplies within 48 hours after notice of rejection. Supplies determined to be unfit for human consumption will not be removed without permission of the local health authorities. Supplies not removed within the allowed time may be destroyed. The Department of Veterans Affairs will not be responsible for, nor pay for, products rejected. The Contractor will be liable for costs incident to examination of rejected products.
(End of Clause) (End of Addendum to 52.212-4)
C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2025) (DEVIATION FEB 2025)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115–91).
(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).
(5) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).
[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).
[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
[] (4) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).
[X] (5) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).
[] (6) [Reserved] [] (7) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).
[] (8) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).
[X] (9) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117–328).
[] (10) 52.204–28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115–390, title II).
[X] (11)(i) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (DEC 2023) (Pub. L. 115–390, title II).
[] (ii) Alternate I (DEC 2023) of 52.204–30.
[X] (12) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (JAN 2025) (31 U.S.C. 6101 note).
[] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).
[] (14) [Reserved] [] (15) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).
[X] (16) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
[] (17) [Reserved] [] (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).
[] (ii) Alternate I (MAR 2020) of 52.219-6.
[] (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).
[] (ii) Alternate I (MAR 2020) of 52.219-7.
[] (20) 52.219-8, Utilization of Small Business Concerns (JAN 2025) (15 U.S.C. 637(d)(2) and (3)).
[] (21)(i) 52.219–9, Small Business Subcontracting Plan (JAN 2025) (15 U.S.C. 637(d)(4)).
[] (ii) Alternate I (NOV 2016) of 52.219-9.
[] (iii) Alternate II (NOV 2016) of 52.219-9.
[] (iv) Alternate III (JAN 2025) of 52.219–9.
[] (v) Alternate IV (JAN 2025) of 52.219–9.
[] (22)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).
[] (ii) Alternate I (MAR 2020) of 52.219-13.
[X] (23) 52.219–14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).
[] (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).
[] (25) 52.219–27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).
[X] (26) (i) 52.219-28, Postaward Small Business Program Rerepresentation (JAN 2025) (15 U.S.C. 632(a)(2)).
[] (ii) Alternate I (MAR 2020) of 52.219–28.
[] (27) 52.219–29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).
[] (28) 52.219–30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).
[] (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).
[] (30) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 637(a)(17)).
[] (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).
[X] (32) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2025) (E.O. 13126).
[X] (33) [Reserved] [X] (34) [Reserved] [] (35)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
[] (ii) Alternate I (JUL 2014) of 52.222-35.
[X] (36)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
[] (ii) Alternate I (JUL 2014) of 52.222-36.
[] (37) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
[] (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).
[X] (39)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).
[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
[] (40) 52.222-54, Employment Eligibility Verification (JAN 2025). (E.O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
[] (41)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[] (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) (42 U.S.C. 7671, et seq.).
[] (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) (42 U.S.C. 7671, et seq.).
[] (44) 52.223-20, Aerosols. (MAY 2024) (42 U.S.C. 7671, et seq.).
[] (45) 52.223-21, Foams (MAY 2024). (42 U.S.C. 7671, et seq.).
[X] (46) 52.223-23, Sustainable Products and Services (MAY 2024) (DEVIATION FEB 2025) (7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671I).
[] (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
[] (ii) Alternate I (JAN 2017) of 52.224-3.
[] (48)(i) 52.225-1, Buy American—Supplies (OCT 2022) (41 U.S.C. chapter 83).
[] (ii) Alternate I (OCT 2022) of 52.225-1.
[] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
[] (ii) Alternate I [Reserved].
[X] (iii) Alternate II (JAN 2025) of 52.225-3.
[] (iv) Alternate III (FEB 2024) of 52.225-3.
[] (v) Alternate IV (OCT 2022) of 52.225-3.
[] (50) 52.225–5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note [X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
[] (52) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
[] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).
[] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).
[X] (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) (E.O. 13513) [] (56) 52.229–12, Tax on Certain Foreign Procurements (FEB 2021).
[] (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
[] (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
[X] (59) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).
[] (60) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).
[X] (61) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
[] (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
[X] (63) 52.240–1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act—Covered Foreign Entities (NOV 2024) (Sections 1821–1826, Pub. L. 118–31, 41 U.S.C. 3901 note prec.).
[] (64) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).
[] (65)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).
[] (ii) Alternate I (APR 2003) of 52.247-64.
[] (iii) Alternate II (NOV 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).
[] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
[] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
[] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).
[] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).
[] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).
[] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).
[] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).
[] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).
[] (10) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (JAN 2025) (49 U.S.C. 40118(g)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).
(ii) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712).
(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iv) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115–91).
(v) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).
(vi) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117–328).
(vii) (A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (DEC 2023) (Pub. L. 115–390, title II).
(B) Alternate I (DEC 2023) of 52.204–30.
(viii) 52.219–8, Utilization of Small Business Concerns (JAN 2025) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities.
(ix) [Reserved]
(x) [Reserved]
(xi) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
(xii) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
(xiii) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xv) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).
(xvi)(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).
(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xix) 52.222-54, Employment Eligibility Verification (JAN 2025) (E.O. 12989).
(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).
(xxi) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).
(xxii)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xxiii) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
(xxiv) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxv) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232–40.
(xxvi) 52.240–1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act—Covered Foreign Entities (NOV 2024) (Sections 1821–1826, Pub. L. 118–31, 41 U.S.C.3901 note prec.).
(xxvii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of Clause)
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SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
MEDICAL GAS AND CYLINDER/TANK RENTAL
STATEMENT OF WORK
1. SCOPE OF CONTRACT
1.1. The purpose of this solicitation is to establish consolidated contracts for medical gases with cylinder/tanks utilized at Richmond VA Medical Center, 1201 Broad Rock Blvd., Richmond, VA, 23249. 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. Gases will be provided in cylinders.
1.1.1
· R0143502005
· CO-NEON-O2-N2 MIXTURE SIZE 200
· R13RUAD
· E-MED OXYGEN, USP 25CF RU ALUM
· R101D2
· O2-HELIUM Rx ONLY MIX SIZE 200
· R203
· CO2 USP GRADE 20LB
· R102H3
· HELIUM, 6000 PSI
· R25
· CO2 USP GRADE 50 LB
· R103G2
· NITROGEN, NF GRADE 255 CUFT
· R26
· CARBON DIOXIDE USP, 6.5 LB
· R103G8
· NITROGEN, NF GRADE
· R45
· NITROUS OXIDE, USP 65LB
· R104A3
· NITROGEN, UHP CARRIER GRADE
· R5801
· HELIUM, USP 244 CU FT
· R104H3
· ARGON, 6000 PSI
· R61E
· AIR, USP E-SIZE
· R105A3
· NITROGEN, 5.5 GRADE
· R61EA
· AIR, E-SIZE, USP 25 CU FT
· R108A2
· CARBON DIOXIDE, ANAEROBE GRADE
· RLN240
· LIQUID NITROGEN 240 LITERS RB
· R13
· E-MED OXYGEN, USP 25CF RU ALUM
LN35, LIQUID NITROGEN 35 LITERS
| · |
| LN50, LIQUID NITROGEN 50 LITERS |
1.2. The contract items will be ordered by the RICVAMC on Wednesday of every week to be delivered to RICVAMC at 1201 Broad Rock Blvd., Richmond, VA, 23249 no later than 1500 Thursday (the following business day) of every week. The quantities shown in the contract are estimates of RICVAMCs’ annual requirements. There is no express or implied guarantee that these quantities will be purchased. The schedule also 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. The contract awarded under this solicitation will be in effect from through plus two (2) one-year option periods.
1.4. A Contracting Officer Representative (COR) has been designated in the solicitation schedule for each ordering facility. The COR is responsible for local contract administration issues such as ordering and providing specific delivery instructions. A letter of delegation that outlines the COR’s specific responsibilities will be provided to the contractor and COR at the time of contract award. Within 15 days after contract award, the contractor shall contact the COR to finalize the ordering method and clarify the specific details of any delivery instructions that are included in the solicitation schedule. If agreement cannot be reached between the contractor and COR regarding any issue, the matter shall be referred to the Contracting Officer for resolution.
2. PRODUCT SPECIFICATIONS
2.1. 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.
2.2. In addition, the following specifications are incorporated into the solicitation and resulting contracts:
2.2.1. Federal Specification BB-A-1034B, Air, Compressed, for Breathing Purposes, dated 27-Dec-1995.
2.2.2. Federal Specification BB-C-101D, Carbon Dioxide (CO2) Technical and USP, current edition.
2.2.3. Compressed Gas Association (CGA) Publications G-7 – Compressed Air for Human Respiration, current edition, and ANSI/CGA G-7.1 – Commodity Specification for Air, current edition.
2.3. All products, equipment, and services provided under the contracts awarded under this solicitation shall be in compliance with all applicable Federal, state, and local regulations.
3. DELIVERY REQUIREMENTS
3.1. All transportation of gases under this contract shall be made in accordance with 49 CFR.
3.2. Deliveries shall be conducted between 0800 and 1200 for each required delivery day. Deliveries shall be completed no later than the 1 calendar day for all orders placed by 1500. The number of days specified 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.
3.2 Material Safety Data Sheets shall be provided to the facility COR upon request at no additional charge.
3.3. Upon delivery, the delivery driver, COR and/or designated Medical Supply Technician 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 COR and/or designated Medical Supply Technician and delivery driver. This information will be maintained by the COR.
3.4. Pickup of empty cylinders, the delivery driver, COR and/or Medical Supply Technician 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 COR and/or Medical Supply Technician and delivery driver. This information will be maintained by the COR.
3.5.
3.6. 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. Delivery shall be made within 24 hours of initiating its backup plan. In accordance with VHA Patient Safety Alert dated April 5, 2004, all deliveries must be monitored by a appointed Richmond VA representative. 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.
3.7. 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.
3.8. Contractor shall provide emergency plan on date of solicitation submission.
3.9. 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.
3.10. Deliveries of refills shall be made Monday through Friday between 0800 and 1200 (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.
3.11. Contractor shall remove all empty cylinders upon each delivery of new cylinder tanks.
3.12. CONTINGENCY ORDER PLAN
3.12.1 Contingency plan will be set to the following: If the contractor has not received an order from the medical facility each week by 0800 Friday morning, the contractor will automatically deliver the items identified in the table below on Friday morning between 0900 and 1200.
Minimum Mixed Gases Friday Contingency Order:
| GAS Type |
| Gas Description |
| Cylinder Description |
| Minimum QTY |
| R104H3 |
| Argon 6000PSI Compressed |
| Large Blue with Black Top |
| 1 |
| R108A2 |
| Carbon Dioxide Anaerobe Grade Size #50 |
| Large Yellow |
| 2 |
| R13 |
| E-MED Oxygen USP 25CF (75 MAX) |
| Small Green |
| 75 |
| R25 |
| CO2 USP Grade 50 LB |
| Large Gray |
| 2 |
| R26 |
| Carbon Dioxide UPS 6.5LB E-Med Size |
| Small Gray |
| 5 |
3.13. FEDERAL HOLIDAYS OBSERVED:
| Federal Holidays |
| Date of Observation |
| New Year’s Day |
| January 1 |
| Birthday of Martin Luther King, Jr. |
| Third Monday in January |
| Presidents Day |
| Third Monday in February |
| Memorial Day |
| Last Monday in May |
| Juneteenth |
| June 19 |
| Independence Day |
| July 4 |
| Labor Day |
| First Monday in September |
| Columbus Day |
| Second Monday in October |
| Veterans Day |
| November 11 |
| Thanksgiving Day |
| Fourth Thursday in November |
| Christmas Day |
| December 25 |
3.13.1. Any other day designated by Federal law, Executive Order, or Presidential Proclamation.
3.13.2. When New Year’s Day, Independence Day, Veterans Day or Christmas Day falls on a Sunday, the following Monday is observed; if it falls on Saturday the preceding Friday is observed.
3.13.3. 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.
4. NON-REPAIRABLE GOVERNMENT PROPERTY
4.1. Prior to disposing of non-repairable government-owned cylinders, parts, fittings, and appurtenances, the contractor shall contact the ordering (owning) activity. Contractor shall make disposition in accordance with the ordering activity’s instructions.
4.2. Contractors shall be paid for all services performed and authorized by the ordering activity, up to the determination that a cylinder/tank is non-repairable.
4.3. Contractor shall not charge any additional types of fees, other than those specified above in paragraph 3.3, for the return of non-repairable cylinders to the ordering activity.
4.4. If the activity requests, and the contractor agrees to dispose of any non-repairable government-owned property, the fee shall be negotiated and agreed upon between the two parties prior to the disposal of the property.
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, current edition.
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 current edition.
5.4. Valves
Valves shall comply with CGA Safety Bulletin SB-26 current edition and CGA Publication V-1 -- Compressed Gas Association Standard for Compressed Gas Cylinder Valve Outlet and Inlet Connections, current edition. Valve protection caps for cylinders designed to receive such caps shall be securely attached to the cylinders in a manner to protect the valves from injury during transit and delivery to the purchaser's receiving area. For liquid containers, all fittings must be permanently brazed to prevent their removal. In addition, each container should contain a 360 degree cryoband applied at the top of the container with the drug product name repeated around the entire container.
5.5. Hydrostatic Testing
5.5.1. Retest Date: If applicable DOT regulations would require retesting of cylinder/tank 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/tank shall be retested. Contractor will be required to retest any Government-Owned cylinder/tank when requested by ordering activity, regardless of scheduled retest data.
5.5.2. Method: Government-owned cylinders which are eligible for extended hydrostatic retest period, testing by modified hydrostatic method, or visual inspection in lieu of hydrostatic testing, shall be serviced by the most economical means which will comply with Department of Transportation regulations (49 CFR 173.34) 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 been used exclusively for a specific gas may be considered acceptable evidence of the cylinders' eligibility for modified testing or inspection.
5.5.3. Hydrostatic testing shall be performed in accordance with CGA’s Publication -- C-1, Methods For Hydrostatic Testing of Compressed Gas Cylinders, current edition.
5.5.4. Visual inspection shall be performed in accordance with the applicable CGA Publications C-6 --Standards for Visual Inspection of Steel Compressed Gas Cylinders, current edition or C-6.1 -- Standards for Visual Inspection of High Pressure Aluminum Compressed Gas Cylinders, current edition.
5.5.5. 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 prices listed in Schedule B.
5.6. Cylinder/tank Sizes
Cylinder/tank sizes shown in the item description indicate product capacity of the cylinder/tank 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. 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.
5.8. Lost or Damaged Contractor-Owned Cylinders
5.8.1. 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.
5.8.2. For each contractor-owned cylinder/tank 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 lost cylinder/tank 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 rental, computed in accordance with section 8 of this Statement of Work.
5.9. 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.
5.10. Transportation of Cylinders
All transportation charges for empty government-owned and contractor-owned cylinders…
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