36C24825Q0835 Amendment 0002.docx

5. PROJECT NUMBER (if applicable)

CODE

7. ADMINISTERED BY

2. AMENDMENT/MODIFICATION NUMBER

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NUMBER

3. EFFECTIVE DATE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED

PAGE OF PAGES

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED

BPA NO.

1. CONTRACT ID CODE

FACILITY CODE

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Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

E. IMPORTANT:

is extended,

(a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.

12. ACCOUNTING AND APPROPRIATION DATA

(REV. 11/2016)

is required to sign this document and return ___________ copies to the issuing office.

is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

15C. DATE SIGNED

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER

Contractor

16C. DATE SIGNED

14. DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED STATES OF AMERICA

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER

16A. NAME AND TITLE OF CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

STANDARD FORM 30

PREVIOUS EDITION NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.243 (Type or print) (Type or print) (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(Number, street, county, State and ZIP Code) (If other than Item 6) (Specify type of modification and authority) (such as changes in paying office, appropriation date, etc.)

(If required)

(SEE ITEM 11)

(SEE ITEM 13)

(X)

CHECK

ONE

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

(Signature of person authorized to sign) (Signature of Contracting Officer)

09-02-2025

516-26-1-071-0001

36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8)

10,000 Bay Pines Blvd Bay Pines FL 33744

36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) C.W. Bill Young VA Medical Center 10000 Bay Pines Blvd.

Bay Pines FL 33744 To all Offerors/Bidders

36C24825Q0835 08-19-2025

X

X

** HOUR & DATE for Receipt of Offers is EXTENDED to: 09-09-2025 10AM EDT See CONTINUATION Page

The purpose of Amendment 0002 is to extend the solicitation due date, provide Questions and Answers, and to revise revise the SOW/pricelist.

Cindy Smith Contracting Officer

36C24825Q0835 Amendment 0002 Bay Pines Veterans Affairs Healthcare System Medical Gases – Rental and Fill Questions and Answers

1. Question: As the NAICS for this RFQ is 325210 Industrial Gas Manufacturing, please confirm whether this is a Service Contract or a Supply Contract.

Answer: This is a supply contract

2. Question: Who is the current supplier, and what is the current contract number?

Answer: The current contract number is 36C24821D0001 with Medical Equipment and Supplies of America, LLC.

3. Question: Please confirm that the contract resulting from this solicitation will be FOB Destination.

Answer: FOB Destination

4. Question: Will the GOV please confirm the correct names of the facility names and/or addresses found on PGs 5-7 of 75?

Answer: Facility names and addresses have been corrected on the SOW. Changes to the SOW have been highlighted in yellow or removed (struck through in red).

5. Question: What Cylinder Gas items are GOV Owned, which facilities use them, and approximately how many does the VA own of each type (by CLIN) on its property books? There are multiple references in the RFQ to GOV Owned Cylinders (to include Hydrostatic Testing procedures), yet there are no Line Items in Appendix A that notate GOV Owned. Each CLIN has a monthly Rental QTY, nor is there a CLIN for Hydrostatic Testing which would infer there are no GFE Cylinder Types required under this contract.

Answer: At this time, Bay Pines VA and its affiliated locations do not own any gas cylinders. The contract is written this way to cover if we ever have to purchase tanks for the VA to own. The only government owned refills will be on the liquid nitrogen dewar tanks (ex. Worthington 25LDB Liquid Nitrogen).

6. Question: What are the estimated Annual Refill & Rental QTY breakdowns by facility, per the “Place of Performance (Delivery/Pick-Up Facility Locations) listed on PGs 5-7 of 75 of the RFQ?

Answer: Please see attached Cost and Price Schedule Excel Spreadsheet for Estimated Annual Refill and Rentals. The estimated quantities in the spreadsheet are an aggregate total.

Lee county: Estimated usage Carbon Dioxide 50lb., 2 per month, 24 total for all of 2024 Oxygen Tanks with Regulators 22.4 per month, 269 total for all of 2024 Oxygen Tanks without Regulators 1.5 per month, 27 total for all of 2024 Nitrogen Dewars 2.25 per month, 20 total for all of 2024 Lung diffusion tanks 3 for the year

a. CLIN 0001 (AIR MEDICAL USP GR N SIZE N): Confirm the cylinder size is in fact “Size N” as this is a nonstandard cylinder size?

Answer: ‘Size N’ not required

b. CLIN 0002 (ARGON 6K): Confirm Gas Grade Required (e.g., High Purity, Ultra High Purity?)

Answer: Ultra High Purity

c. CLIN 0003 (CARBON DIOXIDE USP SIZE E): Is Steel or Aluminum required? Other CLINs specify the material but this does not.

Answer: Can be steel or aluminum

d. CLIN 0006 (HELIUM 6K): Confirm Gas Grade Required (e.g., High Purity, Ultra High Purity?)

Answer: Ultra High Purity

e. CLIN 0009 (NITROGEN NF DEWAR REFILL (PER LITER)): What are the sizes (liters), QTY, and locations of use of all GFE Liquid Nitrogen Dewars required under this contract?

Answer: Both Bay Pines and Lee County use the Worthington 25LDB Liquid Nitrogen. Bay Pines has 4 dewars, and Lee County has 4 (all dewars ranging in 20-30 lb. size) – Only at Lee County & Bay Pines, delivery every 2 weeks

f. CLIN 0010 (NITROUS OXIDE USP SIZE E): Is Steel or Aluminum required? Other CLINs specify the material but this does not.

Answer: Can be steel or aluminum

g. CLIN 0017 (ETO MIX – MCRT ETHLYENE OXIDE 5PPM BAL N1 A31): Confirm the gas mix (%) Answer: This is no longer required and has been removed from the spreadsheet/pricelist.

7. Question: DELIVERY SCHEDULES - PG 7 of 75 (Section 7.1) states that “The delivery time is specified in the schedule for each facility … The schedule lists delivery instructions that are unique to each facility.” However, there is no included schedule in the RFQ that specifies delivery times/dates/instructions unique to each facility. Additionally, PG 8 (Section 8.1.1.1) states that the Contractor must deliver gases “within 2 business days for standard requests.” The RFQ contradicts itself by mentioning specific delivery schedules for each facility and also requiring deliveries be made within 2 business days of a placed order. Will the GOV please confirm that it’s amenable to negotiating established delivery days post-award in order to best meet each facilities’ respective needs (this is especially important for the CBOCs which may only require deliveries once per week/month)?

Answer: SOW updated. All requests should be completed within 2 days upon receipt of standard requests. 7.1.3 in the SOW has been revised.

8. Question: SERVICE CALLS - PG 8 of 75 (Section 7.3) states that “The contractor shall respond to service calls immediately upon receipt of service call.” Please confirm that the VA is referring to immediate response by phone in order to schedule an on-site visit as soon as possible. Immediate response in person is a nonstandard request as contractors do not have personnel available at all hours waiting to be dispatched for service calls.

Answer: Phone contact immediately is sufficient to meet the government’s needs. The site visit should be scheduled as soon as possible, not to exceed 2 business days.

9. Question: POD REQUIREMENTS:

a. CONTRACT INFORMATION: PG 9 of 75 (Section 8.1.2.1) states that the “The packing slip must be legible and shall match the CLINs on the contract including the ordering period prefix number.” Because this is an SDVOSB set-aside opportunity, the SDVOSB Prime Contractor will subcontract delivery of the medical gases to a manufacturer; as a result, the Proofs of Delivery (PODs) provided on site by the manufacturer will not contain any contract-specific information such as CLIN and order period numbers (though all PODs will include an itemized list of gas types/quantities that are picked up and delivered). Will the GOV please remove or revise the requirement to include contract-specific information on PODs as it is nonstandard when the contract is between the VA and the SDVOSB Prime Contractor?

Answer: Contract specific requirement of CLIN from POD has been revised in the SOW. The POD should be legible and clear and specific with the product delivered. Invoices submitted must use the correct CLIN including starting year prefix.

b. GOVERNMENT-OWNED TANKS: PG 9 of 75 (Section 8.1.2.1) states that “The amount of Government-owned tanks that were filled with gases without removal or replacement of tank must be annotated clearly.” Will the GOV please clarify this requirement, in that the amount of GFE tanks filled on the POD is referring to the filling of liquid nitrogen dewars? GFE cylinders would not be filled on site “without removal or replacement,” nor would GFE cylinders be notated on the POD.

Answer: The Gov owned liquid nitrogen dewar tanks would be the only refill on station

10. Question: INVENTORY REQUIREMENT - PG 9 of 75 (Section 8.1.4) states that “The Contractor will conduct an inventory of tanks used throughout the listed facilities to determine new base rental requirements at the start of the contract.” We request that this requirement be removed from the RFQ as the close-out inventory of the incumbent contract is between the VA and the outgoing contractor and would not involve the incoming contractor participating or being present (gas suppliers don’t audit the cylinders of other suppliers). Is there any relevance to this requirement being included in the RFQ when this is against standard industry practice? New base year cylinder rental amounts will start at zero if a Prime Contractor and Manufacturer other than the incumbents are awarded. Please note, however, that if the incumbent Manufacturer is retained by an incoming Prime Contractor, the cylinder balances approved by the VA during the close-out inventory with the outgoing contractor would be accepted as the beginning rental balances at the start of the contract.

Answer: Incoming offeror/contractor will not be responsible for inventorying the exiting contractor inventory. VA will perform audit/count with exiting contractor & provide numbers needed to incoming offeror/contractor.

11. Question: TRANSITION - PG 9 of 75 (Section 8.1.4) states that “The Contractor will provide all necessary tanks to allow for previous contractor(s) tanks to be removed from service within 10 business days.” PG 13 (Section 17.1) states that “The Contractor shall agree to a minimum 60-day transitional period to allow enough time to utilize all medical gas inventory contained in cylinders, while transferring to future awardee contractors.” There is a timeline contradiction between PGs 9 and 13 for how long the facility will be transitioning over to using a new contractor’s tanks. The 60-day transition timeline is more standard and allows the facility a more flexible timeline to utilize all remaining gas they’ve purchased in the outgoing contractor’s cylinders. Will the GOV please amend PG 9 to require a 60-day transition timeline that is consistent with PG 13, which is more beneficial to the GOV by allowing time to fully utilize the gases already purchased?

Answer: Incoming contractor shall have available for delivery, sufficient number of cylinders to swap all needed cylinders out within 10 days (starting inventory) of the award of contract. Delivery will be as required and identified as a standard request over the next 60 days.

VA will utilize medical gases in exiting/former contractor’s cylinders and return empties to previous contractor within those 60 days.

12. Question: INVOICING PROCEDURES - PG 9 of 75 (Section 8.1.5) states that “Monthly invoices shall be submitted no later than the 10th of the next month following performance.” We request that this language/requirement be revised. There are required processing times for consolidated monthly invoicing following a month’s end, and contractors must ensure all Proofs of Delivery (PODs) for the previous month have become available (oftentimes takes several days to post) before they can complete that processing. Requiring a 10-day turnaround will only provide about a week of business days following a month’s end. Will the GOV revise this to allow for the submission of invoices within the first (10) business days of the following month in order to account for the processing times required?

Answer: Invoice submitted within 1st 10 business days of the following month.

13. Question: ATTACHING CYLINDERS TO MANIFOLD REQUIREMENT - PG 12 of 75 (Section 11.2) states that “Attaching of oxygen cylinders to manifold systems, when required, shall also be performed by the Contractor at no additional cost.” Will the GOV please remove this language as this is nonstandard and vendors cannot perform this function due to liability reasons (damaging manifold or entering facility and possibly interacting with patients)? Standard industry practice is delivering to a centralized delivery point (e.g., loading dock) with distribution/hookup of cylinders within the facilities being the responsibility of GOV personnel. Vendors cannot be responsible for the hook-up of cylinders to any GFE manifolds/appurtenances due to liability, risk of damaging GFE equipment, and because drivers are not certified for this type of service. This function should only be performed by VA personnel who are more familiar with and properly trained on the systems unique to the Bay Pines VA HCS. If the VA is adamant about the contractor providing this service, a delivery fee and a release of liability is often requested.

Answer: Confirmed, there are no facilities that will require attaching cylinders to manifolds. This verbiage has been removed.

14. Question: SUBMISSION REQUIREMENT - PG 48 of 75 (Section (d) under Instructions to Offerors) states that “An Authorized Distributor letter from the manufacturer within the past year must be submitted, if the respondent is not a manufacturer.” Evidence of authorization to distribute a manufacturer’s gases is provided in the form of a Medical Gas Agreement between the Prime Contractor and the Manufacturer subcontracted to deliver medical gases to the VA during the life of a contract. Will the GOV please revise this requirement to allow offerors to present their existing agreements with their manufacturing suppliers? Most small businesses have long-standing agreements with their nationwide suppliers, and it is unreasonable to ask small businesses to renegotiate those existing agreements if signed prior to the past year, which is also not the norm for other medical gas contracts across the VA.

Answer: The Government is not asking any businesses to renegotiate existing agreements that have been signed prior to the past year. An authorized distributor letter is sufficient and can often be obtained by requesting one from the manufacturer. A valid and existing long-standing med-gas agreement will be sufficient. VAAR 852.212-71 Gray Market and Counterfeit Items is included in the solicitation.

VAAR 852.212-71(c) states: Vendor shall be an OEM, authorized dealer, authorized distributor, or authorized reseller for the proposed equipment/system, verified by an authorization letter or other documents from the OEM. All software licensing, warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions..

15. Question: INSURANCE REQUIREMENTS - There is no mention of required liability insurance in the Solicitation. How is the GOV going to validate that offerors are properly insured for NAICS 325120/221210 – the actual requirement for this work to comply with the RFQ? How do offerors confirm to the GOV that they have the correct type of Liability Insurance, and does this need to be affirmed at the time of bid submission (if not, an awarded firm could be turned down or not be able to afford this coverage in the amounts the GOV requires, respective to NAICS 325120)? This is important because there are very few underwriters that will insure small businesses for the distribution of compressed gases and why confirmation of the applicable NAICS is being requested, in accordance with paragraph (a) of FAR 52.228-5 – Insurance Work on a Government Installation.

Answer: The NAICS does not determine whether or not FAR 52.228-5 is required. It depends on the overall type and amount of work being performed on a government installation. This clause has been added. The contractor shall submit what is required IAW FAR 52.228-5(b).

16. Question: LOSS OF USE OF CONTRACTOR-OWNED CYLINDERS - What are the procedures to account for Loss of Use (LOU) costs for Contractor-Owned cylinders lost while in the VA’s possession? While there is provided language on PG 11 of 75 (Section 10.9) specifying that the GOV will pay its LOU invoice, there is no language detailing HOW the GOV will ensure payment is provided (e.g., paid for via separate purchase order?). Additionally, there is no CLIN provided for offerors to account for these costs. Restated, how the vendor will arrive at payment procedurally and be reimbursed in a timely manner for any lost cylinders? Please note, the only way to determine Loss of Use is through a joint audit between the VA and Prime Contractor to compare what is physically on hand at the facility.

To protect Contractors who must front these charges with their suppliers in order to continue delivering medical gases, to ensure compliance with the Prompt Payment Act, and to establish accountability procedures for the VA, we recommend including the current LOU verbiage from the VISNs 9/10 Medical Cylinders Contract that does address payment procedures (36C77623D0910):

Answer: Include CLIN for LOU Cylinder – NTE 100 cylinders/yr (If lost or damage over 100 cylinders/yr, a separate purchase or contract will be created for reimbursement) End of year audit performed by Warehouse & returned overage.

CLIN included in contract – to allow for full capture.

Pricing built in average from all offerors.

17. Question: Does the evaluation committee/entity consider an unlicensed SDVOSB distributor of medical-grade gases (oxygen is a prescription drug) to be a responsible offeror pre-award? If so, how will the Contracting Authority ensure compliance to ensure that an unlicensed offeror will not deliver medical gases to the VAMC post-award until they are properly licensed in the state of Florida? Restated, is an unlicensed SDVOSB offeror considered eligible for award? Recent GAO protests have stated that licensing is a contract administrative function, so how is the GOV enforcing contract administrative functions such as ensuring the awardee is compliant with federal regulations?

Answer: No – distributor must be licensed in the state of Florida.

18. Question: Please confirm who the GOV entity is that enforces and ensures post-award compliance with FAR 52.212-4, Contract Terms and Conditions—Commercial Products and Commercial Services (PGs 19-24 of 75 in the RFQ)?

Answer: The contracting officer is the primary individual responsible for ensuring compliance with all contract terms and conditions, including FAR 52.212-4, after the contract has been awarded. The CO oversees contract performance and ensures that the contract is executed according to the specified terms. Additionally, a Contracting Officer's Representative (COR) will be designated for this contract.

19. Question: Will the GOV please confirm that the required Federal and State of Florda licenses and certifications applicable to the SDVOSB Offeror must be provided in the name of the Prime Contractor at the time of bid submission (and cannot be delegated to a subcontractor), which is required of an SDVOSB offeror in order to comply with the FDA/Code of Federal Regulations in order to meet the requirements of the Statement of Work in this RFQ (wholesale distribution of medical-grade oxygen/compressed gases where medical-grade oxygen is defined by the FDA as a prescription drug)?

Answer: Prime contractor must have certifications/licenses in state of Florida– and sub-contractor must be licensed if used.

STATEMENT OF WORK

BAY PINES VA HEALTH CARE SYSTEM

MEDICAL CYLINDER GAS

1. SCOPE OF CONTRACT

1.1. The purpose of this solicitation is to establish consolidated contracts for medical cylinder gases utilized at Bay Pines VA Healthcare System, Lee County Healthcare Center and CBOC’s. The gases to be purchased include, but are not limited to compressed Medical Air USP, Oxygen USP, Carbon Dioxide USP, Nitrogen NF, Nitrous Oxide USP, Helium USP, and specialty medical gas mixtures (See Appendix A for list).

1.2. The contract items will be ordered by and delivered to the individual activities listed in the schedule. The number of cylinders will vary monthly pending of each facilities requirement ranging from 1 to 1000. There is no express or implied guarantee that these quantities will be purchased. Additional gases not listed in Appendix A, if requested, must be approved by the CO as a change to the contract.

1.3. 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. Period of Performance:

Ordering Period One: October 01, 2025 through September 30, 2026 Ordering Period Two: October 1, 2026 through September 30, 2027 Ordering Period Three: October 1, 2027 through September 30, 2028 Ordering Period Four: October 1, 2028 through September 30, 2029 Ordering Period Five: October 1, 2029 through September 30, 2030

3. Place of Performance (Delivery/Pick-Up Facility Locations**):

Bradenton Community-based Outpatient Clinic VA Clinic 5520 State Route 64 Suite 101 Bradenton, FL 34208

C. W. Bill Young VAMC 10000 Bay Pines Blvd.

Bay Pines, FL 33744

Lee County VA Healthcare Center Clinic 2489 Diplomat Parkway East Cape Coral, FL 33909

Naples Community-based Outpatient VA Clinic 2685 Horseshoe Drive South, Suite 101 800 Goodlette Road N., Suite 120 Naples, FL 34102 34104

Palm Harbor Community-based Outpatient Clinic 35209 US Highway 19 North Palm Harbor, FL 34684 North Pinellas VA Clinic 26286 US Hwy 19 N.

Clearwater, FL 33761

Port Charlotte Community-based Outpatient VA Clinic 4161 Tamiami Trail, Suite 401 Port Charlotte, FL 33952-9254

Sarasota Community-based Outpatient VA Clinic 5682 Bee Ridge Road, Suite 100 Sarasota, FL

Sebring Community-based Outpatient VA Clinic 5901 U.S. Highway 27 South Sebring, FL 33870 ** Will soon be (Oct 2025 timeframe):

Sebring VA Clinic: 2931 New Life Way Sebring, FL 33870

St. Petersburg Community-based Outpatient VA Clinic 840 Dr. MLK Jr. Street N St. Petersburg, FL 33705 **Additional facilities may be added/removed within geographical service area as directed by the Contracting Officer based on Bay Pines VA Healthcare System requirements/expansion. The COR will provide advanced notice to the Contracting Officer who will determine the extent of any change/change orders in coordination with the Contractor.

4. GENERAL REQUIREMENTS

4.1. For every task, the contractor shall identify in writing all necessary subtasks (if any), associated costs by task, and together with associated sub milestone dates. The contractor's subtask structure shall be reflected in the proposal.

4.2. All written deliverables shall be phrased in layperson language. Statistical and other technical terminology shall not be used without providing a glossary of terms.

4.3. Only offers including personnel, equipment, tools, materials, supervision, facilities, transportation, and other items and services necessary to perform refilling of government owned or rental Medical Gas Cylinders demonstrated through the RFI to meet Department of Veterans Affairs needs will be considered.

5.

6. PRODUCT SPECIFICATIONS

6.1. 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.

6.2. In addition, the following specifications are incorporated into the solicitation and resulting contracts:

6.2.1. Federal Specification BB-C-101D, Carbon Dioxide (CO2) Technical and USP, dated 3/17/2011

6.2.2. Compressed Gas Association (CGA) Publications G-7 – Compressed Air for Human Respiration, dated 26 Sep 2019, and ANSI/CGA G-7.1 – Commodity Specification for Air, dated 06 Mar 2018.

6.3. All products, equipment, and services provided under the contracts awarded under this solicitation shall be in compliance with all applicable Federal, state, and local regulations.

7. DELIVERY REQUIREMENTS

7.1. The delivery time is specified in the schedule for each facility. 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 hazardous materials fees, fuel surcharges, etc. shall NOT be billed to or collected from the facilities for orders received under this contract.

7.1.1. For standard requests – contractor shall acknowledge receipt of request and advise of delivery date/time not to exceed 2 business days.

7.1.2. For emergency requests – contractor shall acknowledge receipt of request and advise of delivery time not to exceed 24 hours.

7.1.3. Sub-contracting - If the contractor uses sub-contractors to fulfill delivery requirements, it is incumbent upon the contractor to receive relevant outage or insufficient stock information to meet the delivery specifications outlined, not to exceed the timeframes in 7.1.1 and 7.1.2 6.1.1. or 6.1.2.

7.2. Material Safety Data Sheets shall be provided to the facility COR upon commencement of contract and upon any CO-approved change-order wherein additional gases are added at no additional charge to the contract.

7.3. Service calls - The contractor shall respond to service calls immediately upon receipt of the service call. The Contractor shall not provide gases not included under this contract unless approved, either verbally or in-writing, by the Contracting Officer.

8. SPECIFIC MANDATORY TASKS AND ASSOCIATED DELIVERABLES

8.1. Description of Tasks and Associated Deliverables: The contractor shall provide all personnel, equipment, tools, materials, supervision, facilities, transportation, and other items and services necessary to perform refilling of Government-owned or rental Medical Gas Cylinders.

8.1.1. TASK ONE: The Contractor shall be able to provide the full list of medical gases listed in Appendix A. The number of cylinders delivered monthly varies depending on the facility and type and may vary from 1 to 450 estimated.

8.1.1.1. DELIVERABLE ONE: The Contractor must provide the types and quantities of medical gases required by the facility within 2 business days for standard requests, and within 24 hours for emergency requests. Additional requirements may be added at the needs of the Government, via change order completed by the Contracting Officer. (See Appendix A for specific on type gases/numbers requested and estimated quantities)

8.1.2. TASK TWO: The Contractor will perform all work during business hours and ensure documentation for work performed is correct and properly submitted. Vendor must annotate delivery packing slip with type, size, and quantity of cylinders removed (picked up) and returned (filled). Packing slip should be legible and shall include only the gases that were delivered and shall match the CLINs on the contract including leading order period numbers, i.e. CLIN 0001, CLIN 4021, CLIN 2013.

8.1.2.1. DELIVERABLE TWO: The Contractor will perform all duties of this contract during normal work hours (7:00 AM to 4:30 PM) and after hours if emergencies arise. All performance must be documented and provided to the Warehouse function or local facility POC and a copy of the packing slip emailed to the COR. The packing slip must be legible, clear, and specific with the product delivered shall match the CLINs on the contract including the ordering period prefix number. The amount of tanks picked up and the amount of tanks delivered for any line item must be annotated clearly. The amount of Government-owned tanks that were filled with gases without removal or replacement of tank must be annotated clearly.

8.1.3. TASK THREE: The contractor must produce proof to the requiring activity of usage of tanks, purity of gases, and recently completed hydrostatic testing of cylinders.

8.1.3.1. DELIVERABLE THREE: The Contractor will provide a consolidated quarterly usage report(s) to the COR. The contractor will provide MSDS sheets for all provided medical gases at the start of the contract, and when any gas is added to the contract. A log copy of completed hydrostatic testing on any government cylinders shall be kept and available to the requiring activity upon request.

8.1.4. TASK FOUR: The Contractor will conduct an inventory of tanks used throughout the listed facilities to determine new base rental requirements at the start of the contract. The Contractor will provide all necessary tanks to allow for previous contractor(s) tanks to be removed from service within 10 business days. The incoming offeror/contractor will not be responsible for inventorying the exiting contractor inventory. VA will perform audit/count with exiting contractor & provide numbers needed to incoming offeror/contractor.

8.1.4.1. DELIVERABLE FOUR: The Contractor will, in coordination with POCs at the listed performance sites, conduct an inventory of all medical gas cylinders that will be covered by this contract. This inventory will be provided to the COR and Contracting Officer within 3 business days of completion of the inventory. The Contractor will schedule and provide replacement cylinders to the facility to allow for proper return of any previous contractor(s) rental cylinders within 10 business days.

8.1.5. TASK FIVE: The Contractor shall invoice monthly and in arrears to: VA Financial Service Center, 149971, Austin, TX 78714-9971 via the TUNGSTEN platform. Monthly invoices shall be submitted no later than the 10th first ten business days of the next month following performance. Monthly invoices shall only be of the gases and quantities requested, and shall not include any zero quantity line items, or items not on contract. The items will be listed by their CLIN using the correct order period leading number, i.e. CLIN 0001, CLIN 4021, CLIN 2013.

8.1.5.1. DELIVERABLE FIVE: The contractor shall submit all invoices in the performance period(s) by the 10th of the following month. Invoices shall be legible, clear, and in accordance with the current performance period CLIN numbers, and values. The contractor shall not submit invoices that include any gases not on the contract’s approved pricing list. Any invoice that is found to not meet these requirements will be rejected and the vendor advised to resubmit a corrected invoice.

9. CHANGES TO STATEMENT OF WORK

Any changes to this SOW shall be authorized and approved only through written correspondence from the CO. A copy of each change will be kept in a project folder along with all other products of the project. Costs incurred by the contractor through the actions of parties other than the CO shall be borne by the contractor.

10. CYLINDERS AND OTHER CONTAINERS Laws and Regulations

10.1. 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.

10.2. Marking: In addition to marking required by the aforementioned laws and regulations, marking shall comply with CGA Publication C-7-DOT – Guide to Preparation of Precautionary Labeling and Marking of Compressed Gas Containers, dated 01 Jan 2004.

10.3. Color Coding: Cylinders shall be color coded in accordance with CGA Publication C-9 -- Standard Color Marking of Compressed Gas Containers For Medical Use, dated 26 Sep 2019.

10.4. Valves: Valves shall comply with CGA Safety Bulletin SB-26 dated August 2014 and CGA Publication V-1 -- Compressed Gas Association Standard for Compressed Gas Cylinder Valve Outlet and Inlet Connections, dated 13 Sep 2019.

10.4.1. 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.

10.4.2. 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.

10.5. Hydrostatic Testing:

10.5.1. Retest Date: If applicable DOT regulations would require retesting of cylinder within three (3) months after scheduled date of shipment to Continental U.S. destination, or within six (6) months after scheduled date of shipment to overseas destination, cylinder shall be retested. Contractor will be required to retest any Government-Owned cylinder when requested by ordering activity, regardless of scheduled retest data.

10.5.2. 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.

10.5.3. Hydrostatic testing shall be performed in accordance with CGA’s Publication -- C-1, Methods For Pressure Testing of Compressed Gas Cylinders, dated 01 Feb 2016.

10.5.4. Visual inspection shall be performed in accordance with the applicable CGA Publications C-6 --Standards for Visual Inspection of Steel Compressed Gas Cylinders, dated 19 Aug 2019 or C-6.1 -- Standards for Visual Inspection of High Pressure Aluminum Compressed Gas Cylinders, dated 19 Aug 2019.

10.5.5. The contractor shall be responsible for all testing of contractor-owned cylinders at no additional cost to the Government.

10.6. Cylinder Sizes: Cylinder sizes shown in the item description indicate product capacity of the cylinder currently being used. All capacities are approximate, and the Government shall be billed only for the actual amount of gas delivered. In accordance with the Federal Food, Drug and Cosmetic Act, the actual contents of the container must appear on the label.

10.7. Medical Oxygen Cylinder Requirements: All medical oxygen cylinders used for direct patient provision (namely, Size “E” tank/cylinders) must be made of aluminum and include an integrated regulator. This prevents sources of rust from contaminating medical equipment, clothing, and facilities.

10.8. 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.

10.9. Lost or Damaged Contractor-Owned Cylinders: For each contractor-owned cylinder 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 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 the contract.

10.10. 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.

10.11. 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.

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

11.1. 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 to comply with applicable regulations, specifications, and normal good practices.

11.1.1. Such services shall include, but not be limited to:

11.1.1.1. tags indicating cylinder is "Full," In Use," or "Empty";

11.1.1.2. inspection, testing, evaluation, and cleaning services required at each and every filling.

11.1.1.3. pin-indexing, when required,

11.1.1.4. and attachment of Government-furnished warning tags, when required.

11.2. Attaching of oxygen cylinders to manifold systems, when required, shall also be performed by the contractor at no additional cost.

11.3. In addition to services listed in this paragraph, the contractor is responsible for all maintenance and testing of contractor-owned cylinders.

12. 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, dated 16 Oct 2012 shall be used when necessary to convert measurement of these gases from one form to another; for example, from cubic feet to gallons.

13. CONTRACTOR EXPERIENCE REQUIREMENTS – KEY PERSONNEL

Contractor’s Past and Present Performance will be reviewed by the Contracting Officer (CO) and Contract Officer’s Representative (COR) on an annual basis. This survey will be documentation of the contractor acceptable or unacceptable performance during the contract period.

14. SECURITY

14.1. If necessary to conduct contractual obligations on the premises of the VA facility/facilities, VA Police will issue photo identification badges directly to contractors’ and sub-contractors’ employees. VA will provide access into areas needed to perform the duties of this contract. These ID badges shall always be worn by these individuals while on VA property. Background investigation will be performed if necessary.

14.2. Contractor Responsibilities

The contractor shall be responsible for the actions of all individuals provided to work with the VA under this contract. In the event that damages arise from work performed by contractor provided personnel, under the auspices of this contract, the contractor shall be responsible for all resources necessary to remedy the incident.

15. CONFIDENTIALITY AND NONDISCLOSURE

15.1. The preliminary and final deliverables and all associated working papers, application source code, and other material deemed relevant by the VA which have been generated by the contractor in the performance of this task order are the exclusive property of the U.S. Government and shall be submitted to the COR at the conclusion of the task order.

15.2. The COR will be the sole authorized official to release verbally or in writing, any data, the draft deliverables, the final deliverables, or any other written or printed materials pertaining to this task order. No information shall be released by the contractor. Any request for information relating to this task order presented to the contractor shall be submitted to the COR for response.

15.3. Press releases, marketing material or any other printed or electronic documentation related to this project, shall not be publicized without the written approval of the COR.

16. SAFETY

Vendor shall meet all local, state and federal safety requirements during the installation and lease period. All tanks shall be securely transported and stored in accordance with all local, state, and Federal Department of Health Regulations.

17. PHASE-IN

17.1. The contractor shall agree to a minimum 60-day transitional period to allow enough time to utilize all medical gas inventory contained in cylinders, while transferring to future awardees contractors.

17.2. The government facility(s) will continue to incur rental charges and pay those charges accordingly under the awarded contract. Contracting must include this 60-day period in the contract to allow for adequate funding of rental charges.

RECORDS MANAGEMENT OBLIGATIONS

A. Applicability This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

B. Definitions “Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

1. includes Bay Pines VA Healthcare System records.

2. does not include personal materials.

3. applies to records created, received, or maintained by Contractors pursuant to their Bay Pines VA Healthcare System contract.

4. may include deliverables and documentation associated with deliverables.

C. Requirements

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. Bay Pines VA Healthcare System and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of Bay Pines VA Healthcare System or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to Bay Pines VA Healthcare System. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the contract. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to Bay Pines VA Healthcare System control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the contract. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and Bay Pines VA Healthcare System guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with Bay Pines VA Healthcare System policy.

8. The Contractor shall not create or maintain any records containing any non-public Bay Pines VA Healthcare System information that are not specifically tied to or authorized by the contract.

9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

10. The Bay Pines VA Healthcare System owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which Bay Pines VA Healthcare System shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take [Agency]-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

[Note: To the extent an agency requires…