36C24826Q0022_with_attachments.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

36C24826Q0022 10/27/2025

Shawn Autrey 407-646-1046 11/07/2025

2:00 PM

36C248

Department of Veterans Affairs

Network Contracting Office 8 (NCO 8)

Orlando VA Healthcare System

13800 Veterans Way

Orlando FL 32827

X 100

X

325120

1200 Employees

N/A

X

36C675

Department of Veterans Affairs

Orlando VA Healthcare System

36C248

Department of Veterans Affairs

Network Contracting Office 8 (NCO 8)

Orlando VA Healthcare System

Department of Veterans Affairs

Financial Services Center

P.O. Box 149971

Austin TX 78714-9971

(877) 353-9791 (512) 460-5429

See CONTINUATION Page

Solicitation for Medical Gases for the Orlando VA Healthcare

System in Orlando, Florida.

See Section D.1 Attachment 1 Price List to quote items.

See Section B.3 for delivery location.

See CONTINUATION Page

X X

X 1

36C24826Q0022

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

B.4 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

C.1 52.216-18 ORDERING (AUG 2020)

C.2 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.3 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.4 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C.7 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

C.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.9 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.10 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023)

C.11 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

C.12 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (JAN 2023)

(DEVIATION)

C.13 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.14 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

C.15 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

C.16 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 ATTACHMENT 1 - PRICE LIST

D.2 ATTACHMENT 2 - APPENDIX C – VA INFORMATION AND INFORMATION

SYSTEM SECURITY AND PRIVACY LANGUAGE FOR INCLUSION IN CONTRACTS,

AS APPROPRIATE

SECTION E - SOLICITATION PROVISIONS

E.1 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—

REPRESENTATION AND DISCLOSURES (DEC 2023)

E.2 INSTRUCTIONS TO QUOTERS

36C24826Q0022

E.3 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

E.5 52.225-2 BUY AMERICAN CERTIFICATE (OCT 2022)

E.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

36C24825Q0413

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: ____________________ (Company Name)

____________________ (Address)

____________________ (City)

POINT OF CONTACT: __________________

PHONE NUMBER: __________________

E-MAIL ADDRESS: __________________

SAM UEI #: __________________

b. GOVERNMENT:

Contracting Officer: Kurt J. Kramer, kurt.kramer@va.gov Contract Specialist: Shawn Autrey, shawn.autrey@va.gov

Department of Veterans Affairs Network Contracting Office 8 (NCO 8) Orlando VA Healthcare System

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Upon receipt, inspection, and acceptance by the VA.

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.

http://www.tungsten-network.com/US/en/veterans-affairs/ mailto:benjamin.amato@va.gov mailto:shawn.autrey@va.gov http://www.tungsten-network.com/US/en/veterans-affairs/

5. FSC MANDATORY ELECTRONIC INVOICE SUBMISSION INSTRUCTIONS: Contractors are required to submit payment requests in electronic form in accordance with the submission instructions below.

TUNGSTEN ELECTRONIC INVOICE SUBMISSION

FSC e-INVOICE PROGRAM THRU AUSTIN PORTAL

FSC MANDATORY ELECTRONIC INVOICE SUBMISSION FOR AUSTIN PAYMENTS

i. Vendor Electronic Invoice Submission Methods:

Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods below.

a) VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission.

Please go to this website: http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

b) A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI). The X12 EDI Web site (http://www.x12.org)

ii. Vendor e-invoice Set-Up Information:

Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge. If you have question about the e-invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below.

a) Tungsten e-Invoice Setup Information: 1-877-489-6135

b) Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com

c) FSC e-Invoice Contact Information: 1-877-353-9791

d) FSC e-invoice email: vafsccshd@va.gov

6. The Contractor is advised that only the Contracting Officer, acting within the scope of the contract and his/her duties and responsibilities and after advice and consultation with the point of contact has the authority to make changes that will affect contract prices, quantity, quality, delivery terms and conditions, or the term of the contract. In no event shall any understanding or agreement, modification, change order, or other matters in deviation from the terms of this contract between Contractor and a person other than the Contracting Officer be effective or binding upon the Government. All such actions must be formalized by the proper contractual document executed by the Contracting Office.

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

AMENDMENT NO DATE

http://www.tungsten-network.com/US/en/veterans-affairs/ http://www.x12.org/ mailto:VA.Registration@Tungsten-Network.com mailto:vafsccshd@va.gov

B.2 PRICE/COST SCHEDULE

ESTIMATED QUANTITES: All quantities listed in the Attachment - D.1 PRICE LIST are estimates only and are not to be considered a minimum or maximum. A delivery order shall be issued at the start of each performance period. The Government does not guarantee or imply that any fixed number of orders/referrals for services will be placed under the resultant contract.

GUARANTEED MINIMUM: The Government will order at least $2,000.00 in medical gases during the base year of the contract. (Note: The guaranteed minimum order amount applies to the base year only. Award of the additional option years is not guaranteed nor is there a guaranteed minimum order amount in any given option year that is exercised.) The maximum contract amount shall not exceed the value of $6,000,000.00 for the duration of the contract.

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1 LT _________________ __________________

Bulk Funding

Medical Gases IAW SOW and Vendor Price List Contract Period: Base POP Begin: 12-01-2025 POP End: 11-30-2026 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6830 - Gases: Compressed and Liquefied

1 LT __________________ __________________

Medical Gases IAW SOW and Vendor Price List Contract Period: Option 1 POP Begin: 12-01-2026 POP End: 11-30-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Medical Gases IAW SOW and Vendor Price List Contract Period: Option 2 POP Begin: 12-01-2027 POP End: 11-30-2028 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Medical Gases IAW SOW and Vendor Price List Contract Period: Option 3 POP Begin: 12-01-2028 POP End: 11-30-2029 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Medical Gases IAW SOW and Vendor Price List Contract Period: Option 4 POP Begin: 12-01-2029 POP End: 11-30-2030 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

GRAND TOTAL

B.3 DELIVERY SCHEDULE

ITEM NUMBER SHIPPING INFORMATION QUANTITY DELIVERY DATE

0001-4001 SHIP TO: Department of Veterans Affairs Orlando VA Healthcare System Warehouse 13800 Veterans Way Orlando, FL 32827

USA

As Shown in D.1

Price List

12/01/2025 to 11/30/2030

MARK FOR: TO BE DETERMINED

B.4 STATEMENT OF WORK

1. GENERAL:

1.1 The Orlando VA Medical Center (VAMC) and the supporting sites listed below require a contractor to provide medical gases to VA medical center facilities. The Contractor shall be responsible for providing, filling, transporting, handling, servicing, maintaining, general and specialized equipment required for delivering, picking up and storing medical gases and cylinders for all facilities located within VISN 8, Orlando VA Medical Centers catchment area.

All equipment and materials required to perform on the contract shall be provided by the

Contractor (other than government-furnished property).

1.2 The period of performance will be from the date of award through twelve (12) months, with four (4) option year periods. Option year periods will be from the date of award through one year. All options are exercised at the discretion of the government.

Base Year December 01, 2025 through November 30, 2026

Option Year 1 December 01, 2026 through November 30, 2027

Option Year 2 December 01, 2027 through November 30, 2028

Option Year 3 December 01, 2028 through November 30, 2029

Option Year 4 December 01, 2029 through November 30, 2030

Table 1

1.3 The purpose of this requirement is to establish an improved method for ordering, paying, tracking, and delivering a consistent source supply of medical cylinder gases for all facilities located within the Orlando VA Healthcare System (OVAHCS) catchment area. The medical gases are listed in Section 5.2 below and must meet or exceed the standards cited in the current edition of the United States Pharmacopoeia/National Formulary (USP).

1.4 The location of facilities is listed below in section 5.3. The facilities included in this requirement may increase, or decrease based on the Government’s need to provide health care to Veterans.

1.5 The quantities for each line-item number in the solicitation are estimates only. There is no expressed or implied guarantee that these quantities will be purchased. The actual quantities ordered by the facilities will vary based on the medical needs of each facility.

Quantities may increase or decrease based on the volume of Veterans and their medical needs. The contract shall be for the actual quantities as ordered by each VA Health Care facility.

1.6 The contractor will fulfill the contract by filling government-owned cylinders, providing contractor-owned cylinders, or utilizing a combination of both.

2. LICENSING, AUTHORIZATION, AND SELLING PERMISSIONS:

2.1 If the Contractor is the manufacturer of the medical gases it places into the medical gas cylinders being supplied under this contract, it shall provide verification on an annual basis, that it holds current licensing, permits, certifications, or registrations required by the FDA and the states in which this contract is performed.

2.2 If the Contractor is not the manufacturer of the medical gases that are placed into medical gas cylinders being supplied under this contract, the Contractor must provide evidence of the medical gas manufacturer’s current licenses, permits, certifications, or registrations required by the FDA in the states in which this contract is performed, as well as an executed copy of the resellers agreement within ten (10) calendar days of contract award affirmatively demonstrating that the Contractor has authorization by the manufacturer to resell the medical gas and to rent the medical gas cylinders that the Contractor is providing under this contract. In addition, the Contractor shall provide annual updates to any agreements it has with the medical gas manufacturer and medical gas cylinder provider affirmatively demonstrating that the Contractor has authorization by the manufacturer to resell the medical gas and to rent the medical gas cylinders that the Contractor is providing under this contract. In the event of a change in the manufacturer, the Contractor shall provide a minimum of 30 days advance notification, or at the time it is known, to VA of the change in manufacturer, and shall provide evidence of the new medical gas manufacturer’s current licenses, permits, certifications, or registrations required by the FDA and the states in which this contract is performed. The Contractor shall also provide a copy of its signed agreement with the new manufacturer demonstrating that the Contractor has authorization by the manufacturer to resell the medical gases and to rent the medical gas cylinders that the Contractor intends to provide under this contract.

2.3 Throughout the term of this contract, Contractor shall maintain all federal, state, and local licenses applicable to the Contractor, as well as any required FDA certifications. Contractor must also provide, annually, verification that the manufacturer from which it obtains the medical gases placed into the medical gas cylinders provided to VA under this contract holds current licensing, permits, certifications, or registrations required by the FDA and the states in which this contract is performed.

3. LIABILITY INSURANCE REQUIREMENTS:

3.1 The Contractor shall procure and maintain for the entire contract period, Workmen's

Compensation, and employers Public Liability Insurance in accordance with laws of the

State of Florida. Before commencing work under this contract, the contractor shall certify to the Contracting Officer in writing that the required insurance has been obtained. See

FAR 52.228-5, Clauses Section. Contractor shall provide the CO with an original signed copy of Insurance Certification with appropriate coverage, no later than ten (10) calendar days after notice of award. The contractor will notify the VA immediately of any changes in insurance coverage. Failure to submit documentation regarding the above insurance requirement shall be grounds to terminate the contract for default

3.2 The Contractor is required to maintain liability insurance in the amount of $1,000,000.00 per occurrence. The ACORD Certificate of Liability must be provided at time of contract award and annually via email to the Contract Officer and Contract Specialist.

4. MEDICAL GAS SPECIFICATION AND REQUIREMENTS:

4.1 All medical gases provided in this contract shall be medical grade and shall comply with all applicable FDA (U.S. Food and Drug Administration), CGA (Compressed Gas

Association), and Department of Transportation (DOT), and all other federal, state, and local acts, regulations, codes, and standards regarding their manufacture, testing, transportation, shipping, and packaging. The Contractor shall comply with the most current and updated version of these codes and standards for the entire period of performance of this contract

4.2 Material Safety Data Sheets (MSDS) shall be provided to the facility VA Point of Contact at kick off meeting at no additional charge. Any additional (new) gases added to this contract- after the kickoff meeting- will have a Material Safety Data Sheet provided to the

VA POC of this contract prior to the delivery of any facility mentioned in this contract.

4.3 Contractor shall, at the request of the VA, provide training on procedures associated with safety data and maintaining medical gas cylinders while at VA facilities

5. CYLINDERS AND ASSOCIATED COMPONENTS LAWS AND REGULATIONS:

5.1 Cylinders, tanks, valves and other containers for gaseous and liquid forms of gas provided on this contract shall comply with all applicable FDA, CGA, DOT, and all other federal, state, and local acts, regulations, codes and standards in regard to the manufacture, maintenance, filling, marking, labeling, transportation, shipping, packaging, color-coding, valves, valve protection caps, valve brazing, cylinder fittings, hydrostatic cylinder testing, inspections, visual inspection, and 360 degree cryoband placement. The

Contractor shall comply with the most current and updated version of these codes and standards for the entire period of performance of this contract.

5.2 The government shall be billed only for the actual amount of gas delivered. In accordance with the most current Federal Food, Drug, and Cosmetic Act codes, including any subsequent updates during the contract’s performance period, the actual contents of the container must appear on the label. This procurement is for a Vendor to provide medical gas for our Orlando VA Medical Center and it’s supporting sites, including refills for Oxygen, Nitrogen, Medical Grade Air, Argon, Helium, Nitrous Oxide and Carbon Dioxide, 90-5-5 Lab Mixture, Lung Diffusion Mix, for all tanks onsite whether

VA owned tanks or rented tanks at the following locations below. The scope of this contract shall be modified upon request to add additional medical gases as required based on new construction/services added. This is an estimated cost contract as usage varies based upon patient load

5.3 All orders shall be delivered in accordance with the delivery parameters set for at each location below covered under this contract.

• Orlando VA Medical Center, (Lake Nona campus) 13800 Veterans Way, Orlando, FL

32827

• Orlando VA Medical Center, (Lake Baldwin campus) 5201 Raymond St., Orlando, FL., 32803

• Daytona Beach VA Clinic (OPC) 1776 N. Williamson Blvd., Daytona Beach, FL 32117

• Viera Outpatient Clinic (OPC) 2900 Veterans Way, Viera, FL., 32940

• Kissimmee Community Based Outpatient Clinic (CBOC) 701 Union St, Kissimmee, FL

34741

• Tavares CBOC, 1390 E. Burleigh Blvd., Tavares, FL 32778

• Daytona Vet Center, 1620 Mason Ave, Daytona Beach, FL 32117

• Clermont CBOC, 3200 Citrus Tower Boulevard., Clermont, FL., 34711-7012

• Deltona CBOC, 1200 Deltona Boulevard, Suite 41-47 Deltona, FL 32725-6386

• Palm Bay CBOC, 5200 Babcock Street Northeast, Suite 101 Palm Bay, FL 32905-4612

• Port Orange CBOC, 3731 South Clyde Morris Boulevard Port Orange, FL 32129-2319

• Westside Pavilion CBOC, 1821 Business Park Boulevard Daytona Beach, FL 32114-

Vendor will need to verify actual tank sizes as this document provides only best-known information at this time in addition tank storage locations and tank refill quantities are subject to change with supply/demand.

E-Sized oxygen cylinder – fixed regulator system requirements: lightweight aluminum construction; easy-to-carry wide permanent handle to make it easy to lift; minimum flow of 15 Liters Per Minute (LPM); flow rates ranging from 0.25 LPM minimum to 25 LPM; a

Diameter Index Safety System (DISS) 50 PSI fitting for transport ventilator hook-up, magnetic resonance imaging (MRI) compatibility and easy to read contents gauge and utilize single-stage valves only.

5.4 Cylinders shall be filled to the maximum manufacturer’s recommended level during each refilling procedure unless a lesser amount is specified in the facility requirements or as agreed upon in a written document signed and dated by the Contracting Officer (CO).

5.5 Density data and volume measurement equivalents printed in CGA Publication P-6 –

Standard Density Data, Atmospheric Gases and Hydrogen, dated October 2012, shall be used when necessary to convert measurement of these gases from one form to another; for example, from cubic feet to gallons https://www.cganet.com/ https://www.cganet.com/

5.6 All transportation charges for empty government-owned and contractor-provided cylinders shall be at the expense of the Contractor and shall be transported using normal commercial practice to prevent damage to cylinders.

6. GOVERNMENT FURNISHED EQUIPMENT (GFE) - MEDICAL GAS CYLINDERS

6.1 The Contractor is required to pick up GFE medical gas cylinders including attached appurtenances. These cylinders shall be inspected and filled to the maximum functional capacity during each refilling procedure. Each Government-owned medical gas cylinder and appurtenance shall be returned one for one to match the pick-up number. Empty

Government-owned cylinders that are picked up from an ordering facility for re-fill or servicing shall be transported according to the DOT regulations, using normal commercial practices to prevent damage to cylinders.

6.2 All GFE will be labeled, colored, and tagged for identification and tracking by VA.

Contractor shall provide accurate GFE cylinder counts for both pickup and delivery on each delivery. If receipts of filled tanks are not complete according to the purchase order(s)/delivery order(s), the missing cylinder quantities will be identified and documented on the delivery slip of government-owned cylinders. A regular review of

VA’s tracking of the cylinders shall be used to determine if the Contractor lost any government-owned medical gas cylinders and appurtenances. The Contractor will be responsible to pay for lost or damaged government-owned medical gas cylinders and appurtenances at agreed upon rates.

6.3 Any GFE (cylinders, parts, fittings, and appurtenances) found not to meet compliance requires the Contractor to inform the VA Point of Contact and Contracting Officer. By e-mail and by telephone to give them the opportunity to revise the order. The Contractor shall return the non-compliant GFE back to the ordering facility on the next delivery at no additional cost to VA with documentation and clear marking on the GFE to label it defective.

6.4 GFE shall remain the property of the individual facility for which the order was placed.

GFE items are not exchangeable for other GFE from different VA facilities. Contractor shall fill and return GFE to the specific ordering facility for which the order was placed.

6.5 At the request of the VA facility, the Contractor shall perform Hydrostatic testing on GFE at the price indicated in the LIN on this contract. Contractor shall provide results in writing for each specific tank tested indicating whether the tank is compliant or not compliant. The Contractor shall return any non-compliant GFE back to the ordering facility on the next delivery at no additional cost to the VA with documentation and clear marking on the GFE to label it defective. The Contractor shall proceed to fill all compliant

GFE cylinders and deliver them per normal procedure.

7. CONTRACTOR-PROVIDED MEDICAL CYLINDERS

7.1 Contractor shall provide and maintain cylinders/tanks and equipment. For the duration of the contract, the Contractor is liable for the integrity, suitability, safety, maintenance, inspections, and cylinder tracking of contractor-provided cylinder(s) and ensures they comply with applicable regulations and standards.

7.2 Contractor-provided equipment shall be kept in good operating condition and appearance (i.e., clean, rust free, labeled) and be in accordance with applicable regulations and standards by the Contractor and at the Contractor’s expense. Each station shall provide the Contractor reasonable access to the facilities for this purpose.

Contractor shall provide documentation of all safety testing of contractor-provided medical cylinders and appurtenances, including cylinder hydrostatic testing, to the VA upon their request at no additional charge.

7.3 All VISN 8, Orlando VA Medical Center and its supporting sites have the right to refuse dirty cylinders or cylinders that do not meet applicable regulations and standards. The Contractor must replace rejected cylinders within 24 hours at no additional cost to the government.

7.4 The Contractor shall provide training to VA staff upon request at no additional cost to the Government. The training shall ensure that VA employees are proficient and able to safely operate medical gas cylinders and appurtenances in the event of equipment change, technology upgrades and/or any new system/manufacturer specification change.

7.5 Monthly rental charges.

7.5.1 Upon the delivery of contractor-provided cylinders, monthly rental rates shall apply to those cylinders beginning on the day of delivery and shall be subject to verification of receipt by the VA facility. Upon the pickup of emptied contractor-provided cylinders, as noted on the delivery slip by the Contractor’s delivery driver, the rental charges shall cease as of that date for the returned cylinders.

7.5.2 The Contractor shall track the number of contractor-provided cylinders on hand at each facility and shall take note of the beginning balance for cylinders on hand at each facility at the beginning of each rental period. Each monthly rental period shall begin on the first day of the month and shall end on the last day of the month’s calendar. The Contractor shall adjust the inventory counts for each type of cylinder based on each delivery and pickup throughout the rental period.

Contractor shall take note of the ending balance at the end of each rental period and assess the monthly charges for that rental period based on that ending balance. Rental pricing shall be assessed using the LIN prices for monthly rental of cylinders, which can be found in the Schedule of Items.

7.5.3 The Contractor shall provide, within five (5) business days after the end of the rental period, a monthly summary for each delivery location (sub-accounts) to the individual facility VA POC showing the following:

• Beginning balance for the rental period

• Cylinders delivered by date

• Cylinders picked up by date

• Ending balance for the rental period

7.5.4 The VA POC will verify the number based on the delivery slips for the rental period and will address any inconsistencies, errors, or omissions and seek to rectify them with the Contractor within five (5) business days of receipt of the monthly summary. The VA POC shall ensure the accuracy of invoicing based on the verified number of rental charges reported on the VA POC verified monthly summary.

7.5.5 The VA POC and the Contractor shall perform an annual, on-site inventory, of all contractor-provided cylinders to verify the accuracy of the end-of-month balance of rental cylinders on the most recent invoice (see Section 13). Each VA facility will coordinate this inventory with the Contractor. The Contractor representative(s) shall participate on-site in the annual inventory audit with the designated VA POC.

The VA is responsible for obtaining access to all pertinent areas for the purpose of counting existing contractor-provided cylinders at the specific VA facility.

• After the inventory audit, if more cylinders are found than indicated on the most recent end-of-month invoice, the inventory count shall be increased to that number and shall be the beginning balance for the next monthly rental period.

• After the inventory audit, if less cylinders are found than indicated on the most recent end-of-month invoice, the inventory count shall be decreased to that number and shall be the beginning balance for the next monthly rental period.

• The Contractor shall invoice each individual VA facility for the quantity and type of unaccounted cylinders (LOU) noted in the annual inventory audit using the relevant LIN on the Schedule of Items.

• The quantity and type of cylinders that are LOU shall be removed from the beginning balance for the next monthly rental period once the cylinder type and count are agreed upon.

• Once the VA pays the LOU invoice for unaccounted cylinders, those cylinders become VA property (see Section 8.3).

7.5.6 Outside of normal pickup/deliveries, no rental charges shall be applied to any cylinder five business days (Saturdays, Sundays, holidays excluded) after the ordering facility has notified the Contractor that said cylinders are ready to be picked up. The day the Contractor is notified is excluded from the five-day period.

If the Contractor is verbally notified of empty cylinders, the ordering facility will document the notification by making a record of the date, time, and Contractor’s representative contacted.

8. TRANSITION / IMPLEMENTATION OF CONTRACTOR-PROVIDED MEDICAL GAS

CYCLINDER

8.1 The Contractor shall provide an orientation meeting and training for the main VA facility within 20 business days of contract award. This orientation meeting will cover information on delivery, orders, Contractor’s points of contact, etc.

8.2 In the event that the awardee of this contract is not the incumbent Contractor (outgoing Contractor), or that the medical gas cylinders and appurtenances furnished by the awardee are not the property of the incumbent Contractor the incoming Contractor shall work with the VA and incumbent Contractor during the phase-in transition period so it can be accomplished without disruption in supplies and services. The Contractor will be required to complete a 100 percent inventory of all cylinder gases at all facilities.

Beginning on the effective date of the contract and subject to the establishment of VA POCs, facilities will begin placing orders for the medical gases listed on this contract.

As the outgoing Contractor’s cylinders are collected, they must be stored apart from the incoming Contractor’s cylinders so as not to encourage the pickup of returned cylinders by the incorrect Contractor.

8.3 Within 90 days after an annual audit or the end of the contract, if lost cylinders for which the Government has paid the Contractor the loss of use fee is found and the Contractor is informed that they are ready to pick up, the Contractor shall credit the Government the lost fee(s) on said tanks

9. ORDERING PROCESSES

9.1 VA Point of Contact (POC) and Contracting Officers (COs) shall be authorized to place orders against this contract for OVAHCS facilities. The use of a VA POC will be the primary method used to place orders. Delivery orders may be issued by the CO if needed.

9.2 The Contractor will be provided the names and contact information of the primary VA POC within 20 days after award of the contract for each ordering facility.

9.3 The Contracting Officer shall furnish the Contractor with the names of individuals delegated as a VA POC by separate letter upon issuance of the contract or agreement within 20 days of contract award. When COs appoint a VA POC after award, the CO will furnish the Contractor with an updated list of individual VA POCs authorized to place orders against the contract or agreement. VA POCs may not negotiate contract terms and conditions, modify any of the terms and conditions of the contract, determine price reasonableness, or determine best value. VA POCs are responsible for issuing and administering orders placed under the contract or agreement identified in the appointment letter. The CO must approve any changes or deviations from the terms and conditions of the contract or agreement in writing prior to the VA POCs placing orders invoking those terms and conditions. The Contractor shall accept orders against the contract or agreement only from the CO or authorized VA POCs. Fulfilling orders from other than authorized VA personnel (e.g. CO or delegated VA POC) may result in an unauthorized commitment.

9.4 Orders shall be placed using an agreed upon form established by the Contractor and the Government. The preferred method will be by e-mail utilizing the established form.

Orders shall contain at a minimum the following information:

• Date of Order

• Company Name (Contractor)

• Contract number

• VA Facility Name

• VA Facility Purchase Order (PO) number

• Line-Item Number (LIN)

• Item Description

• Manufacturer’s part number (if applicable)

• Quantity Ordered

• Unit Price

• Total Amount

• Place of Delivery

9.5 Confirmation Content: all unfilled or partially filled purchase order line items from the Contractor shall be listed on the order. Facilities shall be able to print the confirmation. At a minimum, the order confirmation shall include the following information:

• VA Facility Name

• VA Facility Purchase Order Number

• Federal Government Product Contractor Item Number (LIN)

• Manufacturer’s part number

• Item Description

• Unit of Purchase

• Quantity Ordered

• Quantity Confirmed and to be delivered

• Status of non-confirmed or back-ordered line item(s)/Quantities to include their estimated time of arrival

• Note for Pre-approved Product Substitution (yes/no)

• Line-Item Unit of Purchase Price

• Line-Item Price

• Total Cost of Order

• Identification of Cancelled Gases

9.6 If the Contractor cannot fill the government cylinders timely, the contractor shall provide the required supply of medical gas in contractor-owned cylinders without additional charge to the government. The contractor shall work with the VA POC regarding changing out the contractor-owned cylinders with filled government owned cylinders. If for any reason the contractor is unable to deliver at the agreed upon day or time, the contractor will provide 12-hour notice to the VA

POC. The Contractor will find an alternate source and initiate its backup plan. In accordance with VHA Patient Safety Alert dated April 5, 2004, all deliveries must be monitored by a qualified and trained technical representative. The Contractor will be provided the names and contact information of primary and back-up facility representatives. This applies to all deliveries regardless of time or day of execution.

9.7 VA shall, at its discretion, be able to place emergency orders with the Contractor.

These orders shall be placed by VA POCs via telephone, to a phone number designated by the Contractor. The Contractor must respond to the facility by either telephone or email within 1 hour to confirm receipt of an emergency notification and obtain specific delivery details unique to said emergency to ensure their best response. Emergency orders shall be delivered within 6 hours after being placed, including after business hours, on both weekdays and weekends, as needed. Emergency orders will be subject to the emergency delivery LIN on the Schedule of Items. A formal order form must be sent within

24hrs of an emergency order placement.

9.8 An authorized VA POC may place orders that are emergency (delivery within 6 hours) or routine. The Contractor must designate the points of contact i.e., email, fax, and/or phone number(s) for emergencies, to which all orders will be sent.

The Contractor is required to have the capability to receive, manage, and fulfill manual orders in instances where there are power outages, security breaches, or other electronic systems issues

10. DELIVERY REQUIREMENTS

Medical gases are ordered by and delivered to the individual ordering facilities Monday through Friday from 8:00 am to 3:30 pm. When necessary, deliveries may include weekends and holidays; the delivery time is specified in the delivery order as issued by each facility in section 10.9. The following information applies to all deliveries, regardless of the time or day of execution

10.1 The Contractor is required to provide a legible signed and/or electronic delivery slip/ticket that has been signed and dated by the delivery driver, as well as countersigned by the VA facility representative supervising the delivery. Upon delivery, the delivery driver and VA facility representative will conduct a cylinder count of all cylinders being delivered and all cylinders being picked up. Both cylinder counts will be noted on the delivery slip/ticket or electronic delivery slip with the delivery date and delivery driver ID. The delivery slip shall be signed by both the VA facility representative and delivery driver. A copy of this should also be sent via e-mail to VA POC.

10.1.1 The delivery slip/ticket for GFE must include:

• The number of cylinders at the Contractor’s facility prior to delivery

• The number of cylinders being delivered

• The number of cylinders being picked up

• If one for one matching is not accurate, missing cylinder quantities will be identified and documented on the delivery slip of government-owned cylinders.

10.1.2 The delivery slip/ticket for contractor-provided cylinders must include:

• Contract Number, Facility PO Number or Delivery Order number

• Account number for the specific delivery location

• Date of Order

• Date of Delivery

• Line-Item Number(s), product identification number(s), and description

• Quantity of each gas and/or cylinder ordered

• Items ordered and not delivered

• The number and type of cylinders being delivered

• The number and type of cylinders being picked up

10.2 Contractor shall provide access to the scanned copy of the delivery slip to the VA POC through electronic means (email or otherwise)

10.3 All orders shall be delivered in accordance with the delivery parameters set at each location below:

• Orlando VA Medical Center (Lake Nona campus), 13800 Veterans

Way, Orlando, FL, 32827

• Orlando VA Medical Center (Lake Baldwin campus), 5201 Raymond St., Orlando, FL 32803

• Daytona Beach VA Clinic (OPC) 1776 N. Williamson Blvd., Daytona

Beach, FL 32117

• Viera Outpatient Clinic (OPC) 2900 Veterans Way, Viera, FL., 32940

• Kissimmee Community Based Outpatient Clinic (CBOC) 701 Union St, Kissimmee, FL 34741

• Tavares CBOC, 1390 E. Burleigh Blvd., Tavares, FL 32778

• Orange City CBOC, 2583 S. Volusia Ave., Suite 300, Orange City, FL

32763

• Clermont CBOC, 3200 Citrus Tower Boulevard., Clermont, FL 34711-

• Deltona CBOC, 1200 Deltona Boulevard, Suite 41-47 Deltona, FL

32725-6386

• Palm Bay CBOC, 5200 Babcock Street Northeast, Suite 101 Palm Bay, FL 32905-4612

• Port Orange CBOC, 3731 South Clyde Morris Boulevard Port Orange, FL 32129-2319

• Westside Pavilion CBOC, 1821 Business Park Boulevard Daytona

Beach, FL 32114-12

10.4 Backorder Notification for any affected LIN shall be immediately provided to each facility VA POC when back order is known. The Contractor must also provide estimated lead time for the medical gas and provide details of the shortage in the marketplace. Each week the back order is not filled, a status update must be provided to the VA POC and designated POC.

10.5 The Government retains the right to investigate the circumstances of a backorder to determine the cause of the backorder

10.6 Cancellation of the backorder by the Contractor is considered a failure to perform and may be considered grounds for adverse action.

10.7 The Cylinders/tanks shall be labeled, sealed, and accompanied by purity documentation. The Contractor shall maintain access to reserve stock sufficient to meet the VA’s maximum anticipated emergency demand. If the Contractor is unable to full fill the request the Contractor will coordinate an alternate supplier to complete delivery

10.8 All medical gas deliveries shall be made in accordance with each state’s

Department of Transportation (DOT) regulations. Similarly, empty government-owned cylinders that are picked up from an ordering facility for refill or servicing shall be transported according to DOT regulations, using normal commercial practices to prevent damage to cylinders.

10.9 Non-emergency delivery of medical gases shall be completed between the hours of 8:00 AM to 3:30 PM local time, Monday through Friday, excluding federal holidays. The Contractor shall deliver medical gases within the time frame shown below:

Orlando VAMC Lake Nona Monday – Friday, 8:00 a.m. to 3:30 p.m.

Lake Baldwin OPC Monday – Friday, 8:00 a.m. to 3:30 p.m.

Viera VAHCC Monday – Friday, 8:00 a.m. to 3:30 p.m.

Daytona OPC Monday – Friday, 8:00 a.m. to 3:30 p.m.

Clermont CBOC Monday – Friday, 8:00 a.m. to 3:30 p.m.

Kissimmee CBOC Monday – Friday, 8:00 a.m. to 3:30 p.m.

Tavares CBOC Monday – Friday, 8:00 a.m. to 3:30 p.m.

Orange City CBOC Monday – Friday, 8:00 a.m. to 3:30 p.m.

Deltona CBOC Monday – Friday, 8:00 a.m. to 3:30 p.m.

Palm Bay CBOC Monday – Friday, 8:00 a.m. to 3:30 p.m.

Port Orange CBOC Monday – Friday, 8:00 a.m. to 3:30 p.m.

Westside Pavilion CBOC Monday – Friday, 8:00 a.m. to 3:30 p.m.

10.10 The following holidays are observed by the Federal Government:

• New Year's Day (January 1st)

• Martin Luther King's Birthday (3rd Monday in January)

• Presidents Day (3rd Monday in February)

• Memorial Day (last Monday in May)

• Independence Day (July 4th)

• Labor Day (1st Monday in September)

• Juneteenth (June 19th)

• Columbus Day (2nd Monday in October)

• Veterans Day (November 11th)

• Thanksgiving Day (4th Thursday in November)

• Christmas Day (December 25th)

• Any day specifically declared by the President of the United States to be a national holiday.

Note: if the holiday falls on a Saturday, it shall be officially observed on the Friday before the holiday. If the holiday falls on a Sunday, it shall be officially observed on the Monday following the holiday

10.11 Routine orders shall be accepted by the Contractor until 2:30 PM, local facility time, the day before the required delivery.

10.12 The prices listed on the Schedule of Items shall be all-inclusive prices. All transportation charges for delivering/picking up cylinders shall be included in the price of the medical gas. Additional charges such as delivery fees, hazardous material fees, fuel surcharges, cylinder tracking fees, etc., shall NOT be billed to, or collected from, the facilities for orders received under this contract

10.13 Emergency deliveries shall be delivered within 6 hours after being placed, including weekends. Emergency status is determined by the Government.

Failure of the Contractor to remain current with the agreed delivery schedule and requirements does not constitute an “emergency” for purposes of charging an emergency delivery fee

11. EMERGENCY DELIVERY REQUIREMENTS

11.1 The Contractor shall provide a written action plan and have protocols in place to ensure compliance with the VA’s requirements under the contract, specifically, in the event of a declared National or State Emergency which may impact the Contractor’s ability to perform. In the event the plan is implemented, the Contractor shall provide notification of the implementation of the action plan and protocols within 48 hours of any declared National or

State Emergency to the CO and VA POC

11.2 To ensure continuous safety, and timely delivery of medical gases to support patient care during emergencies such as supply chain disruptions, equipment failure, or surges in patient demand. The contractor shall provide medical gases as necessary in an emergency. The contractor shall deliver the required medical gases within four (4) hours of emergency activation notification by the VA POC or approved VA personnel.

11.3 The contractor shall provide an estimated time of arrival (ETA) within 30 minutes of notification. The deliveries will be made directly to the designated

VA receiving dock or alternate location as directed. The Contractor must coordinate with the VA POC for immediate access and unloading.

12. PRICES OF SERVICES FOR GOVERNMENT-OWNED/CONTRACTOR -PROVIDED

CYCLINDERS

12.1 Services included in the Price of Gas (Both GFE and contractor-provided cylinders): The Contractor’s price for the gas(es) listed in Section 5.2 shall be an all-inclusive price. Prices shall include delivery, taxes, fees, maintenance, storage, tracking, testing of contractor-provided cylinders and all required services needed at each cylinder filling, to comply with applicable regulations and specifications. Such services shall include but are not limited to: tags indicating cylinders as “Full”, “In Use”, or “Empty”;

inspection; testing and evaluation required at each filling; pin-indexing (when required); and attachment of government-furnished warning tags (when required

12.2 The Contractor shall ensure all cylinders are clean, free from dirt/rust, and in acceptable use for both inpatient/outpatient Health Care Environments

13. CYLINDER INVENTORY AUDITS

13.1 The Facility POC will conduct, at a minimum, an annual review of cylinder inventories to reconcile the number of cylinders on hand in comparison to the number of cylinders held on the delivery ticket. The annual cylinder inventory audits must occur for each main VA facility, within 45 calendar days of the end of an ordering period. An inventory report will be provided to the VA POC, CO, and the FCSCO

13.2 Cylinder inventory audits, conducted annually, at the main VA facility, generally require a minimum of one day with at least one vendor representative present while the audit is conducted (those facilities denoted with an “X” in the column titled “Annual Cylinder Audit Required” on Attachment D.2 – Facility Locations). CBOC locations can submit the results of annual cylinder inventory audits via those VA personnel who are on-site and responsible for conducting the annual audit.

13.3 The VA POC will only sign complete audits that are mutually agreed upon. Audits may be conducted outside of normal business hours.

13.4 Each facility must approve the final amount/number of missing/damaged cylinders (Loss of Use or LOU). If discrepancies ensue, the Contractor must return to the facility at a mutually agreed upon date to redo the audit. If the facility is unable to reschedule within 90 days, the facility must honor the audit findings (see Section 7.5.5. for LOU rental and invoicing information).

14. REPORTS

14.1 A tracking system will be provided and maintained by the Contractor.

Access to this tracking system will be given to each delegated VA POC

/facility in order for each facility to review their reports when needed. The tracking system shall provide the ability to:

• Review all legible delivery tickets that have been countersigned by the facility.

• Review of all past invoices.

• Review all countersigned and mutually agreed upon audits.

• Current cylinder counts

15. INVOICES

15.1 No advance payments shall be authorized. Rentals will be invoiced and paid monthly in arrears. Invoices should be submitted both proper and timely. A proper invoice must include:

• Name and address of contractor

• Facility’s name and address where supply was delivered

• Invoice date and invoice number

• Contract number and Purchase Order (PO) number

• Contract Line-Item Number (CLIN)

• Description (must match contract), part number, quantity, unit of measure, unit price and extended price (total price) of item(s) ordered

• Name and address of authorized official to whom payment is to be sent

• Name, title, phone number, email of person to be notified if invoice is defective

CLINs listed on the invoice shall correspond directly to the CLINs on the

Contract, and shall match the description, quantity, and pricing of the ordered

CLINs. Invoices not submitted correctly will be short paid as appropriate or will be denied payment until the incorrect information on the invoice is revised in accordance with this section of the SOW, and the invoice is resubmitted for payment.

15.2 Additional charges such as delivery fees, hazardous material fees, fuel surcharges, and alike shall NOT be billed to or collected from the facilities for orders received under this contract.

16. KEY PERSONNEL REPLACEMENT AND SUBSTITUTION

16.1 The contractor shall provide a list of authorized personnel, phone number…