36C24726Q0149.docx

36C24726Q0149

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/QUOTERS

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 QUOTERS/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

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

1-29-2026 Chelsea Smith Chelsea.Smith1@va.gov 02-13-2026

12PM

EST

Department of Veterans Affairs VISN 7 Network Contracting Office 3 FL Directors Office 3700 Crestwood Parkway Duluth GA 30096

X

325120 1200 Employees

NET 30

N/A

Department of Veterans Affairs VISN 7 Network Contracting Office 3 FL Directors Office 3700 Crestwood Parkway Duluth GA 30096

To all Quoterss/Bidders

Austin Payment Center Department of Veteran Affairs

PO Box 149971 Austin TX 78714-8971

(877) 353-9791

(512) 460-5545

See CONTINUATION Page The purpose of this request for quotes (RFQ) is to procure Bulk Liquid Oxygen - Delivery and Rental.

SBA Verified SDVOSB - https://search.certifications.sba.gov/

Registered as Active in System for Award Management (SAM) https://sam.gov/content/home

POC: Chad R. Dinkins (Chad.Dinkins1@va.gov)

See CONTINUATION Page

Chelsea L. Smith Contracting Officer

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C247 Department of Veterans Affairs VISN 7 Network Contracting Office 3 FL Directors Office 3700 Crestwood Parkway Duluth GA 30096

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.

ACKNOWLEDGMENT OF AMENDMENTS: The quoters acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

Statement of Work Bulk Liquid Oxygen Delivery and Tank Rentals

REQUIREMENT:

The Veterans Integrated Southeast Network VISN 7’s Medical Centers in Charleston, South Carolina [Ralph H. Johnson VAMC] require the distribution and supply of medical-grade liquid bulk oxygen services. This solicitation aims to establish a committed source of medical-grade liquid bulk oxygen for the facilities included in the solicitation. The current VAMCs do not own their bulk oxygen tanks, and the contractor shall provide a contractor-owned tank with an appropriate backup system. (i.e., reserve tank or cylinder bank). This will include the installation of new tanks if required. The Government will be responsible for maintaining the areas around and keeping the area up to code if a new vendor is required to replace the current tanks with grandfathered installation.

The Contracting Officer (CO) is requiring all contractors who intend to respond to the solicitation to conduct and inspect the site location before submitting their response. Any contractors who do not conduct a site visit will not be reviewed upon submission due to the possible risk of delays to the government if the vendor is not able to accept current conditions for new tanks to be installed. Any code deficiencies in the Medical Center's existing systems, as defined by NFPA 50, "Bulk Oxygen System," must be identified by the contractor. The contractor shall explain these deficiencies to the Contracting Officer Representative (COR) and CO within 48 hours of the site visit. The COR will maintain a roster of the site visit participants for the solicitation.

The quantities shown in the solicitation schedule are estimates for the facility's site annual requirements. There is no express or implied guarantee that these quantities will be purchased. All contracts awarded under the solicitation will include one Base year and (4) one-year option periods, which the Government may exercise. After notification of contract award, the contractor shall meet with the COR and CO to ensure mutual understanding of facility requirements relating to the ordering method and specific details of any delivery instructions included in the solicitation schedule.

Before the first filling, and annually after that, the contractor must perform an in-service training at each site location to include the following facets for the contractor-owned and government-owned systems:

1. Refill procedures.

2. All preventive maintenance support requirements.

3. Detailed explanation of all the volume alarm and low pressure set points.

4. The contractor must provide written procedures and training for VA staff for protocols to accomplish emergency shutdowns.

5. Per NFPA 99, 2024 Edition, a qualified third-party expert must present written verification for contractors' and government-owned systems.

6. The Contractor shall verify and provide written accuracy of all gauges on tanks; any gauges the contractor does not own will provide the COR with a written quotes with pricing to establish their accuracy. (That quotes is not within the scope of this contract and will require the COR to obtain a new purchase order to correct or replace gauges.) Any contractor-owned gauges are to be replaced at the expense of the contractor, not the government.

The contractor will provide 24/7 emergency contact name(s) and telephone number(s) for the location at the close of the solicitation. Each location shall have at least two (2) Points of Contact in case of an emergency and one cannot be reached. IF A CALL CENTER HANDLES ALL, THEN ONE NUMBER IS AUTHORIZED; LABEL: “CALL CENTER FOR ALL LOCATIONS. "

Emergency Contact:

1. Name: _____________________________ Phone#: __________________

2. Name: _____________________________ Phone#: __________________

3. Name: _____________________________ Phone#: __________________

4. Name: _____________________________ Phone#: __________________

5. Name: _____________________________ Phone#: __________________

6. Name: _____________________________ Phone#: __________________

BACKGROUND:

The Veteran Affairs Medical Centers currently encompass acute medical, surgical, psychiatric, and long-term care. The hospitals are located at the following address, and the point of contact for each location is listed below.

Neiman Smith

(843) 577-5011 ext 20-7770 William.hanley@va.gov Neiman.smith@va.gov

The Medical Centers currently hold the following Main Tanks and Reserve Tanks information below:

Brand/Model: RNTTANKMED-OX Tank 1995; serial # E2514 Full Trycock: 250” Reorder point: 140” Refill Point: 100” Low-Level Alarm: 30” Size: 3,000 Brand/Model: RNTTANKMED-OX-R Tank 1965; serial # 49535 Full Trycock: 250” Reorder point: 140” Refill Point: 100” Low-Level Alarm: 30”

Government Furnished Property:

Each Government facility site that requires the 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 assist in hooking up contractor-owned equipment to the facility-maintained alarm system.

PERIOD OF PERFORMANCE:

The period of performance is a one-year Base Year with four one-year options listed below.

Delivery of Medical Liquid Bulk Oxygen 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.

The contractor shall deliver medical-grade liquid oxygen within two (2) days After Receipt of the Order (ARO) or within the time frame specified when the order is received. The timeframe identified may be 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 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 deliver 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 the VHA Patient Safety Alert dated April 5, 2004, all deliveries must be monitored by a qualified and trained technical representative that each facility will designate. The contractor will be provided with the names and contact information of primary and backup facility representatives. This applies to all deliveries regardless of time or day of execution. VA Staff will provide qualified and trained technical representatives to monitor all deliveries.

Tanks(s) will be filled to maximum functional capacity at each refilling procedure unless 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, the contractor must provide a legible, signed, and dated written document that identifies the tank level before 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. The contractor must respond to the facility by either telephone or email within one hour to confirm receipt of the emergency notification and ascertain the nature of the emergency. The Government determines Emergency status when conditions warrant, such as an actuated main bulk tank low-level alarm, imminent alarm condition, or system leak. The contractor's failure to remain current with the agreed delivery schedule and requirements does not constitute an "emergency" to charge an emergency delivery fee.

VA Staff will verify all accuracy of documents for the quantity before and after each fill. The COR and Point of Contact at each location are responsible for ordering and providing specific delivery instructions.

Contractor: Provide valid certification of analysis with each delivery to include:

· Supplier’s name and complete address

· Name of the produce (i.e., Oxygen I.S.P.)

· An Air Liquefaction Statement where appropriate

· Lot number or other unique identification number

· Actual analytical results for full USP monograph testing. (A statement that only states that the product meets the minimum purity 99.5% is not acceptable.)

· Test method used to perform the analysis

· Signature of authorized supplier representative and date.

The contractor will comply with all OSHA standards and applicable safety requirements, including signage, personnel use, and protective equipment. The contractor will deliver medical-grade liquid oxygen within the time frame specified in the facility's schedule. The contractor will provide a legible, signed, and dated written document that identifies the tank level before filling at each delivery.

· Level after the fill

· Quantity delivered.

Annual Numbers: (based on FY24 historical data) Ralph H. Johnson VAMC

** 1 Delivery during non-working hours: the driver must contact the VA Police to access the locked tank enclosure. Phone# (843) 789-7268**

Contractor-owned equipment will be:

Installed, inspected, and maintained by the contractor without additional cost to the Government, all installation, inspection, and maintenance costs will be included in the contract’s monthly equipment rental fee for this facility.

The contractor-owned equipment will be kept in good operating conditions and appearance in accordance with the applicable regulations, standards, and normal good practices. For this purpose, the contractor will be provided reasonable access to the bulk oxygen systems.

The equipment exchange will be accomplished without interruption of gas supply to the using facility. The contractor-installed equipment will remain on the property. It will be removed upon contract termination or completion when directed by the ordering facility in full cooperation with the succeeding contractor to avoid gas supply interruption.

Contractor Requirements:

· The contractor will provide the facility COR a Material Data Safety Sheet.

· The contractor will provide a copy of all inspection reports to the COR and Engineers upon completion of any contractor-owned or Government-owned bulk oxygen system inspections required by regulation.

· The contractor will be responsible for all testing required by regulation of contractor-owned equipment at no additional cost to the Government.

· Markings must comply with American National Standards.

· Valves: Caps must be securely attached to the cylinder

· Color Coding: Color-coded according to GGAP standards.

Emergency

· Contractor will deliver product 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 a certain the nature of the emergency.

Non-emergency Failure of the contractor to remain current with the agreed delivery schedule and requirement does not constitute an “emergency” for the purpose of charging an emergency delivery fee.

· A valid certificate of analysis will be provided with each delivery of liquid oxygen.

CHECK-IN REQUIREMENTS:

All Contractor’s Service Personnel will check in and out with ECC before performing and upon completion of all required services. This information is required to contact mechanics in case of an emergency during regular hours.

SAFETY REQUIREMENTS:

The contractor will ensure that all tools and equipment are secured at all times.

· Tools and equipment must be removed from open areas or stored in a secured location during breaks, lunch, and/or at the end of each workday.

· All debris must be removed from the facility upon completion of service each day.

· The contractor will ensure proper signage, barriers, and/or blockage of the service area are provided where applicable, especially at hoistway doors, and clearly visible to ensure patient/employee safety is adhered to.

Smoking is not permitted in the VA Medical Center at any time. All smoking will be conducted at designated areas on the facility grounds only.

TRAINING REQUIREMENTS:

Confined Space

Vendor Electronic Invoice Submission Methods Facsimile, e-mail, and scanned documents are unacceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods below:

The Contractor shall submit invoices electronically to the Tungsten Network website at http://www.tungsten-network.com/us/en/veterans-affairs Content of invoices. (1) A proper invoice must include the following items:

(a) Name and address of the contractor.

(b) Invoice date and invoice number. (Contractors should date invoices as close as possible to the date of mailing or transmission.)

(c) Contract number or other authorization for supplies delivered or services performed (including order number and line-item number).

(d) Description, quantity, unit of measure, unit price, and extended price of supplies delivered, or services performed.

(e) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms).

(f) Name and address of contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

(g) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

(h) Taxpayer Identification Number (TIN). The contractor must include its TIN on the invoice only if required by agency procedures. (See 4.9 TIN requirements.)

(i) Invoices shall be submitted monthly in arrears. Invoices are due within seven (7) calendar days following the month the services were performed. The Contractor will submit invoices covering the services performed under this Contract. Hours billed for but not sufficiently documented will not be reimbursed. The Contractor will be paid for actual hours worked. Invoices will contain the total hours worked for the month and the associated price. Sums due the Contractor will be paid monthly in arrears upon receipt of a properly prepared invoice. The invoices will contain the following information:

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

OX USPBLK- Oxygen, Bulk, Per hundred standard cubic feet* Contract Period: Base POP Begin: 04-01-2026 POP End: 03-31-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6835 - Medical Gases

MANUFACTURER PART NUMBER (MPN): RTL

LOCAL STOCK NUMBER: RTL

RNTTANKMED-Tank Rental, Per Month

POP Begin: 04-01-2026 POP End: 03-31-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6835 - Medical Gases

SECEXPEDITE-Emergency Delivery Fee, billed as needed, approx. 4 times Per Year

POP Begin: 04-01-2026 POP End: 03-31-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6835 - Medical Gases

RNTBULKACC - Telemetry Charges, Per Month

POP Begin: 04-01-2026 POP End: 03-31-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6835 - Medical Gases

ZHAZ - Hazmat Fee, Per Month

POP Begin: 04-01-2026 POP End: 03-31-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6835 - Medical Gases

ZDFF ZAT- Delivery Fee, Per Month

POP Begin: 04-01-2026 POP End: 03-31-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6835 - Medical Gases

OX USPBLK- Oxygen, Bulk, Per hundred standard cubic feet* Contract Period: Option 1 POP Begin: 04-01-2027 POP End: 03-31-2028 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6835 - Medical Gases

RNTTANKMED-Tank Rental, Per Month

POP Begin: 04-01-2027 POP End: 03-31-2028 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6835 - Medical Gases

SECEXPEDITE-Emergency Delivery Fee, billed as needed, approx. 4 times Per Year

POP Begin: 04-01-2027 POP End: 03-31-2028 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6835 - Medical Gases

RNTBULKACC - Telemetry Charges, Per Month

POP Begin: 04-01-2027 POP End: 03-31-2028 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6835 - Medical Gases

ZHAZ - Hazmat Fee, Per Month

POP Begin: 04-01-2027 POP End: 03-31-2028 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6835 - Medical Gases

ZDFF ZAT- Delivery Fee, Per Month

POP Begin: 04-01-2027 POP End: 03-31-2028 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6835 - Medical Gases

OX USPBLK- Oxygen, Bulk, Per hundred standard cubic feet* Contract Period: Option 2 POP Begin: 04-01-2028 POP End: 03-31-2029 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6835 - Medical Gases

RNTTANKMED-Tank Rental, Per Month

POP Begin: 04-01-2028 POP End: 03-31-2029 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6835 - Medical Gases

SECEXPEDITE-Emergency Delivery Fee, billed as needed, approx. 4 times Per Year

POP Begin: 04-01-2028 POP End: 03-31-2029 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6835 - Medical Gases

RNTBULKACC - Telemetry Charges, Per Month

POP Begin: 04-01-2028 POP End: 03-31-2029 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6835 - Medical Gases

ZHAZ - Hazmat Fee, Per Month

POP Begin: 04-01-2028 POP End: 03-31-2029 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6835 - Medical Gases

ZDFF ZAT- Delivery Fee, Per Month

POP Begin: 04-01-2028 POP End: 03-31-2029 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6835 - Medical Gases

OX USPBLK- Oxygen, Bulk, Per hundred standard cubic feet* Contract Period: Option 3 POP Begin: 04-01-2029 POP End: 03-31-2030 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6835 - Medical Gases

RNTTANKMED-Tank Rental, Per Month

POP Begin: 04-01-2029 POP End: 03-31-2030 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6835 - Medical Gases

SECEXPEDITE-Emergency Delivery Fee, billed as needed, approx. 4 times Per Year

POP Begin: 04-01-2029 POP End: 03-31-2030 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6835 - Medical Gases

RNTBULKACC - Telemetry Charges, Per Month

POP Begin: 04-01-2029 POP End: 03-31-2030 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6835 - Medical Gases

ZHAZ - Hazmat Fee, Per Month

POP Begin: 04-01-2029 POP End: 03-31-2030 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6835 - Medical Gases

ZDFF ZAT- Delivery Fee, Per Month

POP Begin: 04-01-2029 POP End: 03-31-2030 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6835 - Medical Gases

OX USPBLK- Oxygen, Bulk, Per hundred standard cubic feet* Contract Period: Option 4 POP Begin: 04-01-2030 POP End: 03-31-2031 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6835 - Medical Gases

RNTTANKMED-Tank Rental, Per Month

POP Begin: 04-01-2030 POP End: 03-31-2031 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6835 - Medical Gases

SECEXPEDITE-Emergency Delivery Fee, billed as needed, approx. 4 times Per Year

POP Begin: 04-01-2030 POP End: 03-31-2031 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6835 - Medical Gases

RNTBULKACC - Telemetry Charges, Per Month

POP Begin: 04-01-2030 POP End: 03-31-2031 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6835 - Medical Gases

ZHAZ - Hazmat Fee, Per Month

POP Begin: 04-01-2030 POP End: 03-31-2031 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6835 - Medical Gases

ZDFF ZAT- Delivery Fee, Per Month

POP Begin: 04-01-2030 POP End: 03-31-2031 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6835 - Medical Gases

B.3 DELIVERY SCHEDULE

Ralph H. Johnson VAMC 109 Bee St.

Charleston, SC 29401

USA

35,000.00

(843) 566-1939 441939 Samuel.Marinovich@va.gov

Ralph H. Johnson VAMC 109 Bee St.

Charleston, SC 29401

12.00

Ralph H. Johnson VAMC 109 Bee St.

Charleston, SC 29401

4.00

Ralph H. Johnson VAMC 109 Bee St.

Charleston, SC 29401

12.00

Ralph H. Johnson VAMC 109 Bee St.

Charleston, SC 29401

12.00

Ralph H. Johnson VAMC 109 Bee St.

Charleston, SC 29401

12.00

Ralph H. Johnson VAMC 109 Bee St.

Charleston, SC 29401

35,000.00

Ralph H. Johnson VAMC 109 Bee St.

Charleston, SC 29401

12.00

Ralph H. Johnson VAMC 109 Bee St.

Charleston, SC 29401

4.00

Ralph H. Johnson VAMC 109 Bee St.

Charleston, SC 29401

12.00

Ralph H. Johnson VAMC 109 Bee St.

Charleston, SC 29401

12.00

Ralph H. Johnson VAMC 109 Bee St.

Charleston, SC 29401

12.00

Ralph H. Johnson VAMC 109 Bee St.

Charleston, SC 29401

35,000.00

Ralph H. Johnson VAMC 109 Bee St.

Charleston, SC 29401

12.00

Ralph H. Johnson VAMC 109 Bee St.

Charleston, SC 29401

4.00

Ralph H. Johnson VAMC 109 Bee St.

Charleston, SC 29401

12.00

Ralph H. Johnson VAMC 109 Bee St.

Charleston, SC 29401

12.00

Ralph H. Johnson VAMC 109 Bee St.

Charleston, SC 29401

12.00

Ralph H. Johnson VAMC 109 Bee St.

Charleston, SC 29401

35,000.00

Ralph H. Johnson VAMC 109 Bee St.

Charleston, SC 29401

12.00

Ralph H. Johnson VAMC 109 Bee St.

Charleston, SC 29401

4.00

Ralph H. Johnson VAMC 109 Bee St.

Charleston, SC 29401

12.00

Ralph H. Johnson VAMC 109 Bee St.

Charleston, SC 29401

12.00

Ralph H. Johnson VAMC 109 Bee St.

Charleston, SC 29401

12.00

Ralph H. Johnson VAMC 109 Bee St.

Charleston, SC 29401

35,000.00

Ralph H. Johnson VAMC 109 Bee St.

Charleston, SC 29401

12.00

Ralph H. Johnson VAMC 109 Bee St.

Charleston, SC 29401

4.00

Ralph H. Johnson VAMC 109 Bee St.

Charleston, SC 29401

12.00

Ralph H. Johnson VAMC 109 Bee St.

Charleston, SC 29401

12.00

Ralph H. Johnson VAMC 109 Bee St.

Charleston, SC 29401

12.00

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

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)

C.2 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(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 the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly…