36C24626Q0333_2.docx

36C24626Q0333

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

AND

52.212 -4.

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

36C24626Q0333 02-09-2026 Keicha Passley 757-722-7191 04-02-2026 10:00

EDT

Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667 X X 325120 1200 Employees N/A X Department of Veterans Affairs Central-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 See CONTINUATION Page Medical Gases with Cylinder/Tank Rentals-for the Richmond VAMC.

IAW the Statement of Work - Please review and fill out sections B,C & E.

This procurement is being procured in accordance with RFO 12 Acquisition of Commercial Products and Commercial Services.

Please refer to the Instructions to Quoters section for guidance on submitting a proper quote, and to the Evaluation of Commercial Items section for details on how quotes will be evaluated.

Solicitation Notice of VA's Tiered Evaluations Sequence including large business concerns. Service Disable Veteran Owned Small Business (SDVOSB), Veteran Owned Small Business (VOSB), 8(a) / HUBZone, Woman-Owned Small Business (WOSB), Economically Disadvantaged Woman-Owned Small Business (EDWOSB), Other than Small Business (Large Business).

See CONTINUATION Page x X Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C246 K.Passley 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

ITEM INFORMATION

R0143502001, CO-NEON-O2-N2 MIXTURE SIZE 200

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6835 - Medical Gases

R101D2, O2-HELIUM Rx ONLY MIX SIZE 200

POP Begin:

POP End:

R102H3, HELIUM, 6000 PSI

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

LOCAL STOCK NUMBER: R102H3

R103G2, NITROGEN, NF GRADE 255 CUFT

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

LOCAL STOCK NUMBER: R103G2

LN35, LIQUID NITROGEN 35 LITERS

POP Begin:

POP End:

R104A3, NITROGEN, UHP CARRIER GRADE

POP Begin:

POP End:

R104H3, ARGON, 6000 PSI

POP Begin:

POP End:

R105A3, NITROGEN, 5.5 GRADE

POP Begin:

POP End:

R108A2, CARBON DIOXIDE, ANAEROBE GRADE

POP Begin:

POP End:

R13, E-MED OXYGEN, USP 25CF RU ALUM

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

LOCAL STOCK NUMBER: R13

R13RUAD, E-MED OXYGEN, USP 25CF RU ALUM

POP Begin:

POP End:

R203,CO2 USP GRADE 20LB

POP Begin:

POP End:

R25, CO2 USP GRADE 50 LB

POP Begin:

POP End:

R26, CARBON DIOXIDE USP, 6.5 LB

POP Begin:

POP End:

R45, NITROUS OXIDE, USP 65LB

POP Begin:

POP End:

R5801, HELIUM, USP 244 CU FT

POP Begin:

POP End:

LN50, LIQUID NITROGEN 50 LITERS

POP Begin:

POP End:

R61EA, AIR, E-SIZE, USP 25 CU FT

POP Begin:

POP End:

RLN240, LD240, LIQUID NITROGEN 240 LITERS RB

POP Begin:

POP End:

R13RUAD E-MED OXYGEN USP25CF RU ALUM

POP Begin:

POP End:

R45 NITROUS OXIDE, USP 65LB

POP Begin:

POP End:

R0143502001, CO-NEON-O2-N2 MIXTURE SIZE 200

Contract Period: Option 1 POP Begin:

POP End:

R101D2, O2-HELIUM Rx ONLY MIX SIZE 200

POP Begin:

POP End:

R102H3, HELIUM, 6000 PSI

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

R103G2, NITROGEN, NF GRADE 255 CUFT

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

LN35, LIQUID NITROGEN 35 LITERS

POP Begin:

POP End:

R104A3, NITROGEN, UHP CARRIER GRADE

POP Begin:

POP End:

R104H3, ARGON, 6000 PSI

POP Begin:

POP End:

R105A3, NITROGEN, 5.5 GRADE

POP Begin:

POP End:

R108A2, CARBON DIOXIDE, ANAEROBE GRADE

POP Begin:

POP End:

R13, E-MED OXYGEN, USP 25CF RU ALUM

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

R13RUAD, E-MED OXYGEN, USP 25CF RU ALUM

POP Begin:

POP End:

R203,CO2 USP GRADE 20LB

POP Begin:

POP End:

R25, CO2 USP GRADE 50 LB

POP Begin:

POP End:

R26, CARBON DIOXIDE USP, 6.5 LB

POP Begin:

POP End:

R45, NITROUS OXIDE, USP 65LB

POP Begin:

POP End:

R5801, HELIUM, USP 244 CU FT

POP Begin:

POP End:

LN50, LIQUID NITROGEN 50 LITERS

POP Begin:

POP End:

R61EA, AIR, E-SIZE, USP 25 CU FT

POP Begin:

POP End:

RLN240, LD240, LIQUID NITROGEN 240 LITERS RB

POP Begin:

POP End:

R13RUAD E-MED OXYGEN USP25CF RU ALUM

POP Begin:

POP End:

R45 NITROUS OXIDE, USP 65LB

POP Begin:

POP End:

R0143502001, CO-NEON-O2-N2 MIXTURE SIZE 200

Contract Period: Option 2 POP Begin:

POP End:

R101D2, O2-HELIUM Rx ONLY MIX SIZE 200

POP Begin:

POP End:

R102H3, HELIUM, 6000 PSI

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

R103G2, NITROGEN, NF GRADE 255 CUFT

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

LN35, LIQUID NITROGEN 35 LITERS

POP Begin:

POP End:

R104A3, NITROGEN, UHP CARRIER GRADE

POP Begin:

POP End:

R104H3, ARGON, 6000 PSI

POP Begin:

POP End:

R105A3, NITROGEN, 5.5 GRADE

POP Begin:

POP End:

R108A2, CARBON DIOXIDE, ANAEROBE GRADE

POP Begin:

POP End:

R13, E-MED OXYGEN, USP 25CF RU ALUM

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

R13RUAD, E-MED OXYGEN, USP 25CF RU ALUM

POP Begin:

POP End:

R203,CO2 USP GRADE 20LB

POP Begin:

POP End:

R25, CO2 USP GRADE 50 LB

POP Begin:

POP End:

R26, CARBON DIOXIDE USP, 6.5 LB

POP Begin:

POP End:

R45, NITROUS OXIDE, USP 65LB

POP Begin:

POP End:

R5801, HELIUM, USP 244 CU FT

POP Begin:

POP End:

LN50, LIQUID NITROGEN 50 LITERS

POP Begin:

POP End:

R61EA, AIR, E-SIZE, USP 25 CU FT

POP Begin:

POP End:

RLN240, LD240, LIQUID NITROGEN 240 LITERS RB

POP Begin:

POP End:

R13RUAD E-MED OXYGEN USP25CF RU ALUM

POP Begin:

POP End:

R45 NITROUS OXIDE, USP 65LB

POP Begin:

POP End:

R0143502001, CO-NEON-O2-N2 MIXTURE SIZE 200

Contract Period: Option 3 POP Begin:

POP End:

R101D2, O2-HELIUM Rx ONLY MIX SIZE 200

POP Begin:

POP End:

R102H3, HELIUM, 6000 PSI

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

R103G2, NITROGEN, NF GRADE 255 CUFT

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

LN35, LIQUID NITROGEN 35 LITERS

POP Begin:

POP End:

R104A3, NITROGEN, UHP CARRIER GRADE

POP Begin:

POP End:

R104H3, ARGON, 6000 PSI

POP Begin:

POP End:

R105A3, NITROGEN, 5.5 GRADE

POP Begin:

POP End:

R108A2, CARBON DIOXIDE, ANAEROBE GRADE

POP Begin:

POP End:

R13, E-MED OXYGEN, USP 25CF RU ALUM

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

R13RUAD, E-MED OXYGEN, USP 25CF RU ALUM

POP Begin:

POP End:

R203,CO2 USP GRADE 20LB

POP Begin:

POP End:

R25, CO2 USP GRADE 50 LB

POP Begin:

POP End:

R26, CARBON DIOXIDE USP, 6.5 LB

POP Begin:

POP End:

R45, NITROUS OXIDE, USP 65LB

POP Begin:

POP End:

R5801, HELIUM, USP 244 CU FT

POP Begin:

POP End:

LN50, LIQUID NITROGEN 50 LITERS

POP Begin:

POP End:

R61EA, AIR, E-SIZE, USP 25 CU FT

POP Begin:

POP End:

RLN240, LD240, LIQUID NITROGEN 240 LITERS RB

POP Begin:

POP End:

R13RUAD E-MED OXYGEN USP25CF RU ALUM

POP Begin:

POP End:

R45 NITROUS OXIDE, USP 65LB

POP Begin:

POP End:

R0143502001, CO-NEON-O2-N2 MIXTURE SIZE 200

Contract Period: Option 4 POP Begin:

POP End:

R101D2, O2-HELIUM Rx ONLY MIX SIZE 200

POP Begin:

POP End:

R102H3, HELIUM, 6000 PSI

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

R103G2, NITROGEN, NF GRADE 255 CUFT

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

LN35, LIQUID NITROGEN 35 LITERS

POP Begin:

POP End:

R104A3, NITROGEN, UHP CARRIER GRADE

POP Begin:

POP End:

R104H3, ARGON, 6000 PSI

POP Begin:

POP End:

R105A3, NITROGEN, 5.5 GRADE

POP Begin:

POP End:

R108A2, CARBON DIOXIDE, ANAEROBE GRADE

POP Begin:

POP End:

R13, E-MED OXYGEN, USP 25CF RU ALUM

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

R13RUAD, E-MED OXYGEN, USP 25CF RU ALUM

POP Begin:

POP End:

R203,CO2 USP GRADE 20LB

POP Begin:

POP End:

R25, CO2 USP GRADE 50 LB

POP Begin:

POP End:

R26, CARBON DIOXIDE USP, 6.5 LB

POP Begin:

POP End:

R45, NITROUS OXIDE, USP 65LB

POP Begin:

POP End:

R5801, HELIUM, USP 244 CU FT

POP Begin:

POP End:

LN50, LIQUID NITROGEN 50 LITERS

POP Begin:

POP End:

R61EA, AIR, E-SIZE, USP 25 CU FT

POP Begin:

POP End:

RLN240, LD240, LIQUID NITROGEN 240 LITERS RB

POP Begin:

POP End:

R13RUAD E-MED OXYGEN USP25CF RU ALUM

POP Begin:

POP End:

R45 NITROUS OXIDE, USP 65LB

POP Begin:

POP End:

B.3 STATEMENT OF WORK

MEDICAL GAS AND CYLINDER/TANK RENTAL

BACKGROUND

The purpose of this solicitation is to establish consolidated contracts for medical gases with cylinder/tanks utilized at the Central Virginia VA Healthcare System and affiliated out patient clincs. The gases to be purchased include compressed Medical Air USP, Oxygen USP, CO2 USP Grade 20lbs and 50lbs, Argon, Carbon Dioxide USP, Nitrogen NF, Nitrous Oxide USP, Helium USP, Liquid Nitrogen, Compressed Air and Special Medical Gas Mixtures. The contractor shall provide the rental of medical gas tanks, delivery, license provisions, as well as maintenance and support services to ensure continuous and reliable operation of the oxygen supply system.

1. SCOPE OF CONTRACT

1.1 This is an Indefinite Delivery Contract (IDIQ). The contractor shall provide all labor, materials, equipment, monitoring, transportation, supplies, and supervision necessary to provide tanks, monitoring and medical gas in accordance with the terms and conditions herein. The guaranteed minimum award amount for this contract is $XXXX. The maximum aggregate value of orders that can be placed under this contract is $YYYYY. The Government does not guarantee that it will place any orders under this contract in excess of the guaranteed minimum award amount.

1.2 The contract items will be ordered by and delivered to the individual activities listed in the schedule. The quantities shown in the schedule are estimates of each activity’s 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 Minimum to Maximum Tank Usage

R103G2

NITROGEN, NF GRADE 255 CUFT

R0143502001

CO-CH4-N2-O2 MIXTURE SIZE 200

R13RUAD

E-MED OXYGEN, USP 25CF RU ALUM

R25

CO2 USP GRADE 50 LB

R203

CO2 USP GRADE 20 LB

R101D2 O2-HELIUM Rx ONLY MIX SIZE 200

R102H3

HELIUM, 6000 PSI

R13RUAD

E-MED OXYGEN, USP 25CF RU ALUM

R104A3

NITROGEN, UHP CARRIER GRADE

R104H3

ARGON, 6000 PSI

R105A3

NITROGEN, 5.5 GRADE

R108A2

CARBON DIOXIDE, ANAEROBE GRADE

R13

E-MED OXYGEN, USP 25CF RU ALUM

R26

CARBON DIOXIDE USP 6.5 LBS

R5801

HELIUM, USP 244 CU FT

LN35

LIQUID NITROGEN 35 LITERS

RLN240

LIQUID NITROGEN 240 LITERS RB

R45

NITROUS OXIDE, USP 65LB

R61EA

AIR, E-SIZE, USP 25 CU FT

R45

NITROUS OXIDE, USP 65LB

1.4 The contract awarded under this solicitation will be in effect from through plus four (4) one-year option periods.

1.5 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.

2.2.4 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.

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

3.4 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.

3.5 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.

3.6 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 iniatiating 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.

Contractor shall provide emergency plan on date of solicitation submission.

3.8 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.

3.9 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.

3.10 Contractor shall remove all empty cylinders upon each delivery of new cylinder tanks.

3.11 Contingency plan will be set to the following: If the contractor has not received an order from the medical facility by Friday morning, the contractor will automatically deliver the items identified in the table below on Friday morning between 0800 and 1200.4. FEDERAL HOLIDAYS OBSERVED:

4.1 Any other day designated by Federal law, Executive Order, or Presidential Proclamation.

4.2 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.

4.3 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.

5. NON-REPAIRABLE GOVERNMENT PROPERTY

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

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

5.3 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.

5.4 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.

6. CYLINDERS AND OTHER CONTAINERS

6.1 Laws and Regulations

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

6.2 Marking

In addition to marking required by the aforementioned laws and regulations, marking shall comply with CGA Publication C-7 – Guide to Preparation of Precautionary Labeling and Marking of Compressed Gas Containers, current edition.

6.3 Color Coding

Cylinders shall be color coded in accordance with CGA Publication C-9 -- Standard Color Marking Of Compressed Gas Containers Intended For Medical Use, dated current edition.

6.4 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.

6.5 Hydrostatic Testing

6.5.1 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.

6.5.2 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.

6.5.3 Hydrostatic testing shall be performed in accordance with CGA’s Publication -- C-1, Methods for Hydrostatic Testing of Compressed Gas Cylinders, current edition.

6.5.4 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.

6.5.6 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.

6.6 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.

6.7 Individual Agency Ownership of Cylinders

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

6.8 Lost or Damaged Contractor-Owned Cylinders

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

6.8.2 For each contractor-owned cylinder/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.

6.7 Method of Shipment

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

6.8 Transportation of Cylinders

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

7.REQUIRED MEDICAL GASES AND CYLINDER ESTIMATED VOLUME

7.1 The following table outlines the list of required medical gases and cylinders along with additional information regarding tank capacities and estimated annual usage. Estimated annual usage is based on historical data regarding the number of cylinders purchased within a year.

8. PRICE OF SERVICES FOR GOVERNMENT-OWNED AND CONTRACTOR-OWNED CYLINDERS

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

The offeror’s price for the gas shall include the furnishing, at no additional cost, of all services which are required at each and every filling of a cylinder/tank to comply with applicable regulations, specifications, and normal good practices. Such services shall include, but not be limited to: tags indicating cylinder/tank is "Full," In Use," or "Empty"; inspection, testing, evaluation, and cleaning services required at each and every filling; pin-indexing, when required, and attachment of Government-furnished warning tags, when required. Attaching of oxygen cylinders to manifold systems, when required, shall also be performed by the contractor at no additional cost. In addition to services listed in this paragraph, the contractor is responsible for all maintenance and testing of contractor-owned cylinders.

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

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

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

8.2.2 The contractor shall provide an itemized list for all contracted medical gases and cylinder/tank rental prices to aide in the order and invoice reconciliation process.

8.3 Listings for medical gases shall include:

8.3.1 Item Number

8.3.1.2 Description

8.3.1.3 Gas Type (Gaseous, Liquid, other as applicable)

8.3.1.4 Gas Purity

8.3.1.5 Cylinder/Tank Size

8.3.1.6 Cylinder/Tank Capacity

8.3.1.7 Unit of Issue (UOI)

8.3.1.8 Price per UOI

8.3.1.9 Cylinder/tank Rentals

8.3.1.10 Cylinder/tank Size

8.3.1.11 Cylinder/tank UOI

8.3.1.12 List of gases that the Cylinder/Tank is utilized for

8.3.1.13 Price per UOI

9. MEASUREMENT AND CONVERSION COMPUTATION, ATMOSPHERIC GASES AND HYDROGEN

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

10. CONTRACTOR RESPONSIBILITIES

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

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

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

11.1 Contractor shall, within 60 days after contract award, contact the COR to verify the ordering method and clarify the specific details of any delivery instructions outlined in the solicitation schedule.

11.2 Contractor shall have 24 hour/7day emergency service response available for delivery of urgent VAMC medical gasses or repair of liquid systems. Refer to 3.6.

11.3 Contractor shall ensure the cylinders are in compliance with applicable Federal and State Regulations. Annual cylinder/tank testing/inspections, i.e., hydrostatic tests or leak pressure test requirements by NFPA, shall be coordinated with the COTR. Invoices shall be submitted separately on a monthly basis identifying what was delivered, the quantity delivered, what was picked up and pricing

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

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

11.6 Contractor shall agree to a minimum 60 day transitional period to allow sufficient time to utilize all medical gas inventory contained in cylinders, while transferring to the future awardees contractors. During the time of transition, the government facility will continue to incur and pay rental charges accordingly under the existing awarded contract.

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

11.8 When a Central Virginia VA Healthcare System employee place an individual purchase card order for the same gas contained in this contract, the contractor will be held to the standard detailed within.

12. QUALITY ASSURANCE SPECIFICATIONS AND REQUIREMENTS:

All medical gas manufacturers and fillers of medical gases shall be registered with FDA as drug manufacturers.

12.1 All oxygen shall be manufactured, processed, packed, transported, and stored according to FDA’s Current Good Manufacturing Practices (CGMP) regulations, and all labeling shall comply with FDA’s labeling regulations (21 CFR Part 201).

12.2 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 this 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.

12.3. 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.

12.4 All oxygen delivered under the contract shall be medical-grade and shall meet or exceed the standards cited in the current edition of the United States Pharmacopoeia/National Formulary (U.S.P.).

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

12.5.1 Supplier’s name and complete address

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

12.5.3 An air Liquefaction Statement where appropriate

12.5.4 Lot number or other unique identification number

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

12.7 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.)

12.8 Signature of authorized supplier representative and date.

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

13. QUALIFICATIONS AND TRAINING:

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

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

14. RELEASE OF LIABILITY

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

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

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

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

15. IDENTIFICATION:

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

16. CONTRACTING OFFICER’S REPRESENTATIVE (COR):

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

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

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

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

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

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

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

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

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

16.2.8 The Contractor shall proceed promptly with technical direction issued by the COR. If, in the opinion of the Contractor, any direction of the COR, or his/her designee, falls within the limitations in (ii) above, the contractor shall immediately notify the CO no later than the beginning of the next work day.

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

17. CONTRACTOR MANAGEMENT:

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

18. KEY PERSONNEL:

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

19. CONDUCT OF PERSONNEL:

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

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

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

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

20. VEHICLE CONDITION AND MARKINGS

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

· Contractor name.

· Telephone.

· State license tag.

· All required regulatory information.

21. REVIEWS

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

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

21. CONTRACT AWARD AND ADMINISTRATION:

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

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

21.3 Invoice and payment – Payment to be made monthly,…