36C24720Q0280-001.docx

36C24720Q0280

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

619-20-2-8290-0003 521-20-2-201-3767 36C24720Q0280 02-21-2020 Quincy Alexander 334.725.2819 02-26-2020

1:00 PM EST

Department of Veterans Affairs VA Medical Center 2400 Hospital Rd Tuskegee

AL

36083 X X 325120 1000 Employees

NET 30

N/A X

DEPARTMENT OF VETERANS AFFAIRS

CENTRAL ALABAMA HEALTH CARE SYSTEM

215 Perry Hill Road Montgomery, AL 36109

Department of Veterans Affairs Tuscaloosa VA Medical Center 3701 Loop Road East Tuscaloosa

AL

35404-5088

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin

TX

78714-9971 See CONTINUATION Page

PLEASE KNOW THIS IS FOR TUSKEGEE/MONTGOMERY VA AS WELL AS

BIRMINGHAM VA. BE SURE TO SEE SOW INSERTED IN REQUIREMENT.

BASE YEAR- 29 FEB 2020- 28 FEB 2021

OPTION YEAR ONE- 1 MAR 2021- 28 FEB 2022

OPTION YEAR TWO- 1 MAR 2022- 28 FEB 2023

OPTION YEAR THREE- 1 MAR 2023- 29 FEB 2024

OPTION YEAR FOUR- 1 MAR 2024- 28 FEB 2025

NOTE: THIS SOLICITATION IS FOR THE CAVHCS (TUSKEGEE/-

MONTGOMERY) FACILITY AND THE VA MEDICAL CENTER IN BIRMINGHAM

$0.00 See CONTINUATION Page 619-3600160-8290-828100-2341 0100C00S9 X X Quincy Alexander Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

INTENTIONALLY LEFT BLANK

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 36C247 Quincy Alexander

VA Medical Center 2400 Hospital Rd Tuskegee AL 36083

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.

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

Page 1 of Page 1 of This requirement is for Tuskegee/Montgomery and Birmingham VA

Statement of Work Medical-Grade Liquid Bulk Oxygen For Tuskegee/Montgomery, AL

1. General

1.1 The Veterans Integrated Southeast Network (VISN 7) medical centers in Alabama located at ; Central Alabama Veterans Health Care System (CAVHCS), Montgomery, AL; and Central Alabama Veterans Health Care System (CAVHCS), Tuskegee, AL and VA Medical Center in Birmingham, AL have a requirement for the distribution and supply of medical-grade liquid bulk oxygen services.

1.2 The purpose of this solicitation is to establish a committed source of supply of medical-grade liquid bulk oxygen for the facilities included in the solicitation. If the Government facility does not own its own bulk oxygen tank, the contractor shall also provide a contractor-owned tank with an appropriate back-up system. (i.e. reserve tank or cylinder bank). Specifications for each facility site are listed in the solicitation schedule.

1.3 The quantities shown in the solicitation schedule are estimates of each facility's site annual requirements. There is no express or implied guarantee that these quantities will be purchased. The base contract period for all contracts awarded under this solicitation will March 1, 2020, or date of award, whichever is earlier, through a one year period. All contracts awarded under the solicitation will include four (4) one-year option periods which may be exercised by the Government.

1.4 A Contracting Officer Representative (COR) has been designated in the solicitation schedule for each ordering site location. 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. After notification of contract award, the contractor shall meet with the COR to ensure mutual understanding of facility requirements relating to the ordering method and specific details of any delivery instructions that are included in the solicitation schedule.

1.5 Prior to first filling, contractor must perform in-service training on each site location to include the following facets for contractor owned and government owned systems: the refill procedure, any preventive maintenance support requirements that may be needed from the medical centers, and an explanation of all the volume alarm and low pressure set-points. The contractor will provide written procedures and training for VA staff for protocols to accomplish emergency shutdowns or other sudden, unplanned termination of the refilling process. Contractor will provide 24/7 emergency contact name(s) and telephone number(s).

1.6 Prior to first filling, and annually thereafter, alarm set-point testing and written verification must be presented through the use of a qualified third party expert per NFPA 99, 2002 Edition for contractor owned and government owned systems. Any code deficiencies in the Medical Center's existing system, as defined by NFPA 50, 1.3.3, "Bulk Oxygen System", must be identified by the contractor. A detailed explanation of these deficiencies must be presented in writing to the COR. Receipt of this written explanation must be signed for by the COR.

1.7 Prior to first filling, and annually thereafter, the contractor must verify, in writing, the accuracy of all gauges on contractor owned tanks. If the gauge(s) are government owned, contractor will provide, if requested after award, a written proposal with price to verify accuracy of the gauge(s). The Government may choose to exercise this option at any time.

2. Acronyms

2.1 This section lists acronyms that are used in this Statement of Work and other parts of the solicitation.

BOP - Federal Bureau of Prisons CCF - 100 cubic feet CF - Cubic feet CGA - Compressed Gas Association CGMP - Current Good Manufacturing Practices CO – Contractor-owned COR - Contracting Officer Representative (Technical) DOD - Department of Defense DOT - Department of Transportation FDA - U.S. Food & Drug Administration GO – Government-owned IHS - Indian Health Service NFPA - National Fire Protection Association OGA - Other Government Agency (Other than VA) OSHA - U.S. Department of Labor, Occupational Safety and Health Administration USP - United States Pharmacopeia VA - Department of Veterans Affairs

3. Government-Furnished Property

3.1 The solicitation schedule will identify the bulk oxygen storage tank(s) at each facility as being either GO (Government-Owned) or CO (Contractor-Owned). Government owned bulk oxygen storage tanks and appurtenances will be maintained by and at the expense of the Government in a manner that will insure compliance with applicable regulations, standards and normal good practices.

3.2 Each Government facility site that requires installation of contractor owned equipment shall provide a suitable location and foundation for the installation of the contractor owned bulk oxygen tank(s). Additionally, each facility shall provide access to an electrical power source and hook-up to a facility-maintained alarm system. The contractor shall perform the hook-up of contractor-owned equipment to the facility-maintained alarm system.

4. Contractor-Furnished Equipment

4.1 For those facilities listed in the schedule as having contractor-owned tanks, the contractor shall provide, install and maintain bulk oxygen tank(s) with appropriate back-up system(s). Through the duration of the contract, the contractor shall be liable for the integrity, suitability, and safety of contractor owned tank(s) that will insure compliance with applicable regulations, standards and normal good practices. Manifold, cylinders for the reserve supply, liquid converter, alarm switch, regulator, valves, level indicator, and any other devices or connections required for proper tie-ins with the facility's gas system shall be furnished by the contractor, without cost to the Government. The manifold or liquid converter shall deliver gas at a pressure and rate of flow adequate to supply the system. Each liquid oxygen storage container shall have an outlet that allows access for testing the purity of the oxygen.

4.2 All equipment and materials required to perform on the contract (other than what is specifically listed in section 3, Government-Furnished Property) shall be provided by the contractor. Contractor-owned equipment shall be installed, inspected and maintained by the contractor without additional cost to the Government. (i.e., all installation, inspection and maintenance costs shall be included in the contract's equipment rental fee for the applicable facility.) Contractor owned equipment shall be kept in good operating condition and appearance, in accordance with applicable regulations, standards and normal good practices. The contractor shall be provided reasonable access to the bulk oxygen systems for this purpose.

5. Installation of Contractor-Owned Equipment

5.1 Unless otherwise directed by the using facility, contractor-owned equipment shall be installed by the effective date of the contract and shall be connected to the medical gas system on that date; provided that the contractor shall be allowed a maximum amount of days after receipt of notice of award to complete installation. If the contractor's equipment replaces equipment already in use, the exchange of equipment shall be accomplished without interruption of gas supply to the using facility. Contractor installed equipment shall remain the property of the contractor and shall be removed upon termination of the contract, when directed by the ordering facility and in full cooperation with the succeeding contractor so as to avoid interruption of gas supply.

5.2 To permit orderly transition from one contractor to another, the contractor shall continue to honor the contract's equipment rental fee and bulk oxygen contract price for a maximum of ninety days beyond the scheduled expiration of the contract period, unless transition from one contractor to another is completed prior to the ninety day transition period. For any partial month, the contractor shall prorate the monthly equipment rental fee accordingly. The contractor shall continue to provide and maintain its equipment during this transition period.

5.3 No guarantee is given or implied that data included in the schedule regarding contractor owned equipment currently located at the facilities is complete and accurate as to the factors affecting the cost of furnishing and installing the required contractor owned tanks and appurtenances. Offerors are strongly encouraged to visit the facility sites prior to submitting a bid and take other steps as may be reasonably necessary to ascertain the nature and location of the work, and the general and local conditions which can affect the work or the cost thereof. Failure to do so shall not relieve offerors from the responsibility of estimating properly the difficulty and cost of successfully performing the work. Site visits may be arranged by contacting the COR designated in the solicitation schedule.

5.4 All contractor-owned equipment shall be installed in accordance with NFPA 50: Standard for Bulk Oxygen Systems at Consumer Sites, 2001, NFPA 99 Standard for Health Care Facilities, 2002 Edition, and FDA's Current Good Manufacturing Practices (CGMP) Regulations. The contractor shall comply with all OSHA standards and applicable safety requirements, including proper signage and use of personal protective equipment.

6. Delivery of Medical Liquid Bulk Oxygen

6.1 Bulk oxygen is ordered by and delivered to the individual ordering facilities. The list of facilities and information regarding their unique delivery requirements is included in the solicitation schedule.

6.2 The contractor shall deliver medical-grade liquid oxygen within two (2) days ARO or within the time frame specified when the order is received. The time-frame identified may be either the number of calendar days after receipt of the Government's order, the specific days of the week for delivery, the specific time intervals between deliveries, a specified reorder point, or other specified ordering and delivery methods. If the time frame for contractor delivery is not identified in the facility requirements, the contractor must provide 24-hour notice prior to delivery or upon mutual agreement between the facility and contractor, alternate ordering/delivery methods such as pre-scheduled deliveries, calling for tank level readings, installing a telemetry unit, etc. may be arranged. If for any reason the contractor is unable to delivery at the agreed upon day or time, the contractor will provide 24-hour notice to the COR, so that the facility can initiate an alternate backup action. In accordance with VHA Patient Safety Alert dated April 5, 2004, all deliveries must be monitored by a qualified and trained technical representative that will be designated by each facility. 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.

6.3 Tanks(s) will be filled to maximum functional capacity at each refilling procedure unless otherwise specified in the facility requirements or as agreed upon in a written document signed and dated by the COR.

6.4 At the time of each delivery, contractor must provide a legible signed and dated written document that identifies the tank level prior to fill, the level after fill, and the quantity delivered. This document must be counter-signed by the facility representative supervising the delivery.

6.5 Emergency delivery will be provided within 24 hours after receipt of Government notification. Contractor must respond to the facility by either telephone or email within one hour to confirm receipt of emergency notification to ascertain the nature of the emergency. Emergency status is determined by the Government when conditions warrant, such as an actuated main bulk tank low level alarm, imminent alarm condition, or system leak. Failure of the contractor to remain current with agreed delivery schedule and requirements does not constitute an "emergency" for purposes of charging an emergency delivery fee.

6.6 Unique delivery requirements:

6.6.a. Montgomery, AL 6.6.a.1 Delivery during non-working hours: The driver must contact VA Police to gain access to the locked tank enclosure. Contact phone number is (334) 727-0550 ext. 3466

6.6.b Tuskegee, AL 6.6.b.1 Delivery during non-working hours: The driver must contact VA Police to gain access to the locked tank enclosure. Contact phone number is (334) 727-0550 ext. 3466

6.7 Contracting Officer Representative (COR) Designations:

The COR is the primary contact at the site for deliveries and other issues.

6.6.a Montgomery, AL – Gerald Pollard, (334) 727-0550 x 3606, gerald.pollard@va.gov. Alternate POC: Melvin Holston (334) 272-4670 ext. 4475 6.6.a Tuskegee, AL - Gerald Pollard, (334) 727-0550 x 3606, gerald.pollard@va.gov. Alternate POC:

7. Quality Assurance Specifications and Requirements

7.1 All medical gas manufacturers and fillers of medical gases must be registered with FDA as drug manufacturers. All oxygen shall be manufactured, processed, packed, transported, and stored according to FDA's Current Good Manufacturing Practices (CGMP) regulations, and all labeling shall comply with FDA's labeling regulations (21 CFR Part 201).

7.2 All liquid bulk 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.).

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

a) Supplier's name and complete address

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

c) An Air Liquefaction Statement where appropriate

d) Lot number or other unique identification number

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

f) Test method used to perform the analysis. (A statement such as "Meets U.S.P. specifications" is not acceptable; nor would 'Tested via Servomex" be acceptable since the specific model number is not provided.)

g) Signature of authorized supplier representative and date.

7.4 Material Safety Data Sheets shall be provided to the facility COR upon request.

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

7.6 All contractor-owned equipment shall be maintained or repaired in accordance with NFPA 50: Standard for Bulk Oxygen Systems at Consumer Sites, 2001 and FDA's Current Good Manufacturing Practices (CGMP) Regulations.

8. Applicable Regulations & Standards

The following is a list of some of the regulations and standards that are applicable to this contract. The list is not comprehensive, and the contractor is responsible for ensuring that all products, equipment and services provided under the contract are in compliance with applicable Federal, state, and local regulations. If applicable, the editions in effect as of the date of this solicitation are listed. Contractor is responsible for remaining compliant with any future revisions that are effective at the time of contract performance.

Title 21, Code of Federal Regulations, Parts 210 & 211 - CGMP regulations for supplying medical grade oxygen.

29 CFR 1910.104 Applies to the installation of bulk oxygen systems on industrial and institutional consumer premises

49 CFR - Transportation

Federal Food, Drug, and Cosmetic Act

NFPA 50: Standard for Bulk Oxygen Systems at Consumer Sites, 2001 Edition NFPA 99: Standard for Health Care Facilities, 2002 Edition U.S.P. 23

Density data and volume measurement equivalents published in Compressed Gas Association Pamphlet No. P-6, titled "Standard Density Data, Atmospheric Gases and Hydrogen," shall be used when necessary to convert measurement of gases from one form to another. For example, the following conversion factor shall apply for conversion from gallons to cubic feet:

Calculation based on data in CGA P-6

Therefore:

7.48052 gal (1 ft3) liquid O2 = 860.6 ft3 gas

9. Price/Cost Schedule

BASE YEAR (12 months)

OPTION YEAR 1 (12 months)

Clin Site Annual Qty Unit Unit Price Annual Price

OPTION YEAR 2 (12 months)

Clin Site Annual Qty Unit Unit Price Annual Price

OPTION YEAR 3 (12 months)

Clin Site Annual Qty Unit Unit Price Annual Price

OPTION YEAR 4 (12 months)

Clin Site Annual Qty Unit Unit Price Annual Price

Facility Sites and Addresses CAVHCS, 215 Perry Hill Road, Montgomery, AL 36109 CAVHCS, 2400 Hospital Road, Tuskegee, AL 36083

9.1 The delivery site locations and estimated annual requirements for each facility are listed in the schedule above.

9.2 All blanks on the Price/Cost Schedule for all years should be completed. All sites require contractor-owned (CO) equipment for the main storage tank and the back-up reserve system. Bids must indicate the type of reserve system proposed. Storage equipment should be quoted as a daily rate.

9.3 Bids that do not include a price for each line item will be rejected. In addition, any bids submitted for quantities less than those specified will be rejected.

9.4 For each facility identified in the schedule, a bid may be submitted for a one-time flat fee per each emergency delivery. (Please refer to paragraph 6.5 of the Statement of Work) Bidders shall indicate "N/C” if no charge applies for emergency deliveries.

9.5 All annual prices shall not extend past two decimal points.

9.6 All prices for bulk oxygen shall be submitted by cubic feet (CF). The estimated annual usage for each delivery location is shown in CF.

9.7 Information regarding each facility site and any unique requirements, if applicable, follows the contract line item numbers.

9.8 Bidders are strongly encouraged to arrange site visits prior to submitting their bid. Visits may be arranged by contacting the individual listed as the COR for each facility.

10. Invoicing Requirements

10.1 Each facility site will initiate purchase orders. There will be one from VA Medical Center, Central Alabama Veterans Health Care System, Montgomery, AL and one from Central Alabama Veterans Health Care System, Tuskegee, AL. Invoices will be submitted separately for each facility site.

10.2 Invoices shall be clearly marked with product and/or service delivery date or specific range with itemized charges clearly stated. Identifying the last day of the month as an “all inclusive invoice” does not meet this requirement unless the contract is for a predetermined amount for a specific period or periods.

10.3 Proper invoicing is required within 45 days of the delivery of any product, service and/or activity performed creating an owed debt for the government. A proper invoice is one that is electronically submitted, accurate, meets the requirements of this contract, is complete, is clearly itemized for each charge, is inclusive of only properly authorized delivery of products, services, and/or activities performed and has clear and proper delivery and/or shipping dates. “Properly authorized” as intended above is defined by written authorization from a Contracting Officer through amendment and/or the contract.

Statement of Work Medical-Grade Liquid Bulk Oxygen Birmingham VA Medical Center (VAMC), Birmingham AL February 29, 2020 through February 28, 2021

Purpose: to establish a committed source of supply of medical-grade liquid bulk oxygen for the facilities included in the solicitation. If the Government facility does not own its own bulk oxygen tank, the contractor shall also provide a contractor-owned tank with an appropriate back-up system. (i.e. reserve tank or cylinder bank). Specifications for each facility site are listed in the solicitation schedule.

The contractor shall deliver medical-grade liquid oxygen within two (2) days ARO or within the timeframe specified when the order i s received. The time-frame identified may be either the number of calendar days after receipt of the Government's order, the specific days of the week for delivery, the specific time intervals between deliveries, a specified reorder point, or other specified ordering and delivery methods. If the time frame for contractor delivery is not identified in the facility requirements, the contractor must provide 24-hour notice prior to delivery or upon mutual agreement between the facility and contractor, alternate ordering/delivery methods such as pre-scheduled deliveries, calling for tank level readings, installing a telemetry unit, etc. may be arranged. If for any reason the contractor is unable to delivery at the agreed upon day or time, the contractor will provide 24-hour notice to the COR, so that the facility can initiate an alternate backup action. In accordance with VHA Patient Safety Alert dated April 5, 2004, all deliveries must be monitored by a qualified and trained technical representative that will be designated by each facility. 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.

Prior to first filling, contractor must perform in-service training on site location to include the following facets for contractor owned and government owned systems:

the refill procedure, any preventive maintenance support requirements that may be needed from the medical centers, and an explanation of all the volume alarm and low pressure set-points. The contractor will provide written procedures and training for VA staff for protocols to accomplish emergency shutdowns or other sudden, unplanned termination of the refilling process. Contractor will provide 24/7 emergency contact name(s) and telephone number(s).

Prior to first filling, annually thereafter, alarm set-point testing and written verification must be presented through the use of a qualified third-party expert per NFPA 99, 2002 Edition for contractor owned and government owned systems. Any code deficiencies in the Medical Center's existing system, as defined by NFPA 50, 1.3.3, "Bulk Oxygen System", must be identified by the contractor. A detailed explanation of these deficiencies must be presented in writing to the COR. Receipt of this written explanation must be signed for by the COR.

Prior to first filling, and annually thereafter, the contractor must verify, in writing, the accuracy of all gauges on contractor owned tanks. If the gauge(s) are government owned, contractor will provide, if requested after award, a written proposal with price to verify accuracy of the gauge(s). The Government may choose to exercise this option at any time.

Tanks(s) will be filled to maximum functional capacity at each refilling procedure unless otherwise specified in the facility requirements or as agreed upon in a written document signed and dated by the COR.

At the time of each delivery, contractor must provide a legible signed and dated written document that identifies the tank level prior to fill, the level after fill, and the quantity delivered. This document must be counter-signed by the facility representative supervising the delivery.

Emergency delivery will be provided within 24 hours after receipt of Government notification. Contractor must respond to the facility by either telephone or email within one hour to confirm receipt of emergency notification to ascertain the nature of the emergency. Emergency status is determined by the Government when conditions warrant, such as an actuated main bulk tank low level alarm, imminent alarm condition, or system leak. Failure of the contractor to remain current with agreed delivery schedule and requirements does not constitute an "emergency" for purposes of charging an emergency delivery fee.

Unique delivery requirements:

Birmingham, AL

Delivery Impediment: Tanks are located at the corner of a busy downtown intersection. There is a narrow pull through for the truck.

6.6.c.1 Delivery during non-working hours: The driver must contact VA Police to gain access to the locked tank enclosure. Contact phone number is (205) 933-8101 ext. 6444. An alternate contact is the Administrator on Duty at 4462 or 6420.

Contract Point of Contact (POC):

Birmingham, AL - Tyrone Packer (205-933-8101 ext: 5565/3995).

After notification of contract award, the contractor shall meet with the POC to ensure mutual understanding of facility requirements relating to the ordering method and specific details of any delivery instructions that are included in the solicitation schedule.

All medical gas manufacturers and fillers of medical gases must be registered with FDA as drug manufacturers. All oxygen shall be manufactured, processed, packed, transported, and stored according to FDA's Current Good Manufacturing Practices (CGMP) regulations, and all labeling shall comply with FDA's labeling regulations (21 CFR Part 201).

All liquid bulk 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.).

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

Supplier's name and complete address

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

c) An Air Liquefaction Statement where appropriate

d) Lot number or other unique identification number

e) Actual analytical results for full U.S.P. monograph testing. (A statement that only states that the product meets the minimum purity of 99.5%, etc.

is not acceptable.)

f) Test method used to perform the analysis. (A statement such as "Meets U.S.P. specifications" is not acceptable; nor would 'Tested via Servomex" be acceptable since the specific model number is not provided.)

g) Signature of authorized supplier representative and date.

Material Safety Data Sheets shall be provided to the facility COR upon request.

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

All contractor-owned equipment shall be maintained or repaired in accordance with NFPA 50: Standard for Bulk Oxygen Systems at Consumer Sites, 2001 and FDA's Current Good Manufacturing Practices (CGMP) Regulations.

The following is a list of some of the regulations and standards that are applicable to this contract. The list is not comprehensive, and the contractor is responsible for ensuring that all products, equipment and services provided under the contract are in compliance with applicable Federal, state, and local regulations. If applicable, the editions in effect as of the date of this solicitation are listed.

Contractor is responsible for remaining compliant with any future revisions that are effective at the time of contract performance.

Title 21, Code of Federal Regulations, Parts 210 & 211 - CGMP regulations for supplying medical grade oxygen.

29 CFR 1910.104 Applies to the installation of bulk oxygen systems on industrial and institutional consumer premises 49 CFR - Transportation Federal Food, Drug, and Cosmetic Act NFPA 50: Standard for Bulk Oxygen Systems at Consumer Sites, 2001 Edition NFPA 99: Standard for Health Care Facilities, 2002 Edition U.S.P. 23

Density data and volume measurement equivalents published in Compressed Gas Association Pamphlet No. P-6, titled "Standard Density Data, Atmospheric Gases and Hydrogen," shall be used when necessary to convert measurement of gases from one form to another. For example, the following conversion factor shall apply for conversion from gallons to cubic feet:

Calculation based on data in CGA P-6 1 ft3 liquid O2 = 860.6 ft3 gas (Table 1) 1 ft3 liquid O2 = 7.48052 gal (Table 1) Therefore:

7.48052 gal (1 ft3) liquid O2 = 860.6 ft3 gas

1 gal liquid O2 = 860.6 ft3 gas 7.48052 1 gal liquid O2 = 115.05 ft3 gas or more commonly quoted as 1 gal liquid O2 = 115.1 ft3 gas This section lists acronyms that are used in this Statement of Work and other parts of the solicitation.

BOP- Federal Bureau of Prisons CCF-100cubicfeet CF-Cubicfeet CGA -Compressed Gas Association CGMP -Current GoodManufacturing Practices CO –Contractor-owned COR - Contracting Officer Representative (Technical) DOD-Department of Defense DOT-Department of Transportation FDA - U.S. Food & DrugAdministration GO–Government-owned IHS-IndianHealthService NFPA-National Fire Protection Association OGA-Other Government Agency (Other than VA) OSHA -U.S.Department of Labor,Occupational Safety andHealthAdministration USP-United States Pharmacopeia VA -Department of Veterans Affairs

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

MEDICAL BULK OXYGEN

Contract Period: Base POP Begin: 03-01-2020 POP End: 02-28-2021

LOCAL STOCK NUMBER: INVOICE # 76210796

OXYGEN-STATIONARY LIQUID SYSTEM RENTAL

POP Begin: 03-01-2020

LOCAL STOCK NUMBER: LIQUID OXYGEN RENTAL TANK

OXYGEN

POP Begin: 03-01-2020

OXYGEN-STATIONARY LIQUID SYSTEM RENTAL

POP Begin: 03-01-2020

"ANNUAL INSPECTION FEE TUSKEGEE"

POP Begin: 03-01-2020

"ANNUAL INSPECTION FEE MONTGOMERY ALABAMA"

POP Begin: 03-01-2020

Birmingham VA BULK OXYGEN REFILLS

POP Begin: 02-29-2020

Birmingham VA- MONTHLY TANK RENTAL

POP Begin: 02-29-2020

MEDICAL BULK OXYGEN

Contract Period: Option 1 POP Begin: 03-01-2021 POP End: 02-28-2022

OXYGEN-STATIONARY LIQUID SYSTEM RENTAL

POP Begin: 03-01-2021

OXYGEN

POP Begin: 03-01-2021

OXYGEN-STATIONARY LIQUID SYSTEM RENTAL

POP Begin: 03-01-2021

"ANNUAL INSPECTION FEE TUSKEGEE"

POP Begin: 03-01-2021

"ANNUAL INSPECTION FEE MONTGOMERY ALABAMA"

Birmingham VA BULK OXYGEN REFILLS

Birmingham VA- MONTHLY TANK RENTAL

MEDICAL BULK OXYGEN

Contract Period: Option 2 POP Begin: 03-01-2022 POP End: 02-28-2023

OXYGEN-STATIONARY LIQUID SYSTEM RENTAL

POP Begin: 03-01-2022

OXYGEN

POP Begin: 03-01-2022

OXYGEN-STATIONARY LIQUID SYSTEM RENTAL

POP Begin: 03-01-2022

"ANNUAL INSPECTION FEE TUSKEGEE"

POP Begin: 03-01-2022

"ANNUAL INSPECTION FEE MONTGOMERY ALABAMA"

Birmingham VA BULK OXYGEN REFILLS

Birmingham VA- MONTHLY TANK RENTAL

MEDICAL BULK OXYGEN

Contract Period: Option 3 POP Begin: 03-01-2023 POP End: 02-29-2024

OXYGEN-STATIONARY LIQUID SYSTEM RENTAL

POP Begin: 03-01-2023

OXYGEN

POP Begin: 03-01-2023

OXYGEN-STATIONARY LIQUID SYSTEM RENTAL

POP Begin: 03-01-2023

"ANNUAL INSPECTION FEE TUSKEGEE"

POP Begin: 03-01-2023

"ANNUAL INSPECTION FEE MONTGOMERY ALABAMA"

Birmingham VA BULK OXYGEN REFILLS

Birmingham VA- MONTHLY TANK RENTAL

MEDICAL BULK OXYGEN

Contract Period: Option 4 POP Begin: 03-01-2024 POP End: 02-28-2025

OXYGEN-STATIONARY LIQUID SYSTEM RENTAL

POP Begin: 03-01-2024

OXYGEN

POP Begin: 03-01-2024

OXYGEN-STATIONARY LIQUID SYSTEM RENTAL

POP Begin: 03-01-2024

"ANNUAL INSPECTION FEE TUSKEGEE"

POP Begin: 03-01-2024

"ANNUAL INSPECTION FEE MONTGOMERY ALABAMA"

Birmingham VA BULK OXYGEN REFILLS

Birmingham VA- MONTHLY TANK RENTAL

B.3 DELIVERY SCHEDULE

CAVHCS VA Medical Center 215 Perry Hill Road Montgomery, AL 36109

USA

5,188.00

334-727-0550 ext 3606 gerald.pollard@va.gov

12.00

26,965.00

12.00

1.00

1.00

59,298.00

12.00

5,188.00

12.00

26,965.00

12.00

1.00

1.00

59,298.00

12.00

5,188.00

12.00

26,965.00

12.00

1.00

1.00

59,298.00

12.00

5,188.00

12.00

26,965.00

12.00

1.00

1.00

59,298.00

12.00

5,188.00

12.00

26,965.00

12.00

1.00

1.00

59,298.00

12.00

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within…