36C25520Q0583.docx

36C25520Q0583

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

36C25520Q0583 07-13-2020 Mike Bottary, michael.bottary@va.gov 913-946-1959 07-28-2020

2:00 PM

36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth

KS

66048 X X Y 325120 1000 Employees N/A X John J, Pershing VAMC 1500 N. Westwood BLVD.

Poplar Bluff

MO

63901 36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth

KS

66048

36C255 Department of Veterans Affairs Financial Services Center http://www.fsc.va.gov/einvoice.asp Austin

TX

877-353-9791 512-460-5429

1. The purpose of this solicitation is to establish a a bulk oxygen supply/services contract for PB VAMC

2. The Governement intends to award a single one year contract with four one year option periods.

3.It is anticipated the government will award a Fixed Price Indefinite Delivery, Indefinite Quantity (IDIQ) contract.

With an annual economic price adjustment.

4.Please see section E for detailed Instructions for proposal submission. See section E.9 for Evaluation process “Service-Disabled Veteran Owned Small Businesses and Veteran Small Businesses must be Registered & CVE Certified in at time of submittal and time of award.”

X X X X Michael Bottary Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C255 Mike Bottary Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway

Leavenworth KS 66048

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

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Department of Veterans Affairs Financial Services Center http://www.fsc.va.gov/einvoice.asp

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

Page 1 of Page 1 of Medical Grade Bulk Oxygen Statement of Work

1. General

1.1 The purpose of this contract is to establish a source of supply of medical-grade liquid bulk oxygen for John J Pershing VAMC, Poplar Bluff, MO., 63901. If the Government facility does not own its own bulk oxygen tank system, the facility will identify the current vendor and if there is a need for a new Contractor-owned tank system with an appropriate back-up system (i.e., reserve tank system or cylinder bank). Specifications for the facility are listed in the solicitation schedule. Through a bilateral modification, the Government may add new method of receiving bulk oxygen based on advancement in technology that will benefit the product and/or service during the specified period of performance. All contract terms and conditions shall remain the same and agreed upon rates to share costs of new industry standards are to be documented, signed and dated by the Contracting Officer (CO) and Contractor.

1.2 Location/Facility Requirements: All supplies of medical-grade liquid bulk oxygen shall be delivered to John J Pershing VAMC, Poplar Bluff, MO., 63901. The Contractor shall have a facility and/or resources physically located in the geographic areas, in which they will supply of medical-grade liquid bulk oxygen. Through a bilateral modification, the Government may add additional delivery locations or remove any delivery locations any time during the specified period of performance. All rates, contract terms and conditions shall remain the same and the Contractor shall accept any additional locations within a sixty (80) mile radius from the John J Pershing VAMC, in Poplar Bluff, MO., 63901.

1.3 The Contractor will be required to make deliveries of medical grade liquid bulk oxygen over the life of the contract. The quantities shown in the solicitation schedule are estimates of the facility annual requirements. There is no express or implied guarantee that these quantities will be purchased. The Government is anticipating awarding an Indefinite Delivery Indefinite Quantity (IDIQ) contract for ten (10) years. Contracts awarded under the solicitation will include a +/- 10% increase or decrease of usage; which may be exercised by the Government.

1.4 The Contractor will be provided with names and contact information of the primary Contracting Officer Representative (COR) within 20 days after award of the Contract for this ordering facility. The following information applies to all deliveries, regardless of the time or day of execution: Cylinders shall be filled to the maximum functional capacity during each refilling procedure unless otherwise specified in the facility requirements or as agreed upon in a written document signed and dated by the Contracting Officer (CO);

1.5 Request for delivery slips will be placed via telemetry, the setting will be approved by VA designated personnel to guarantee the VA is not without product for a maximum of 3 calendar days. Participating ordering facilities will process orders through the Contractor’s web portal or ordering system. There shall be no limit on the number of orders placed by facilities in a day. The request for delivery slips will otherwise be submitted electronically or a called order by the COR or designated representative. All confirmation responses will be processed in the same day as the orders are submitted. Requests for delivery shall be placed with Contractor through the following: (Offeror to complete)

FAX Number: ______________________________ Phone Number:

Department: ________________________________ Name of Contact Person: ______________________ Address: ___________________________________ Email: _____________________________________ Website: ___________________________________

1.6 The Contractor shall provide written procedures, annual in-service training for VA staff on protocols to ensure safety on and around the tank systems. The Contractor will provide additional safety training as needed by the facility to accomplish emergency shutdowns or other sudden, unplanned termination of the refilling process. The Contractor shall have the technical capability to work and train at the VA requests at no additional cost to the VA. Contractor shall provide 24/7 emergency contact name(s), telephone number(s), fax number(s) and email addresses during training. The VA must be trained by Contractor to be proficient to adapt to any new electronic system specifications required to accept electronic orders from the VA.

2. Acronyms

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

CCF – 100 cubic feet CF – Cubic feet CGA – Compressed Gas Association CGMP – Current Good Manufacturing Practices CO – Contractor owned COR - Contracting Officer Representative VA – Department of Veterans Affairs OSHA – U.S. Department of Labor, Occupational Safety and Health Administration

3. Contractor-Furnished Bulk Tank System

3.1 For those facilities listed in the schedule as having Contractor owned tank systems, the facility has the right to determine if the current tank system remains in use. Complete site visit will assess slab, foundation and electronic moves of schematics of current tank systems are to be mutually evaluated by the individual facility. Contractor and Contracting Officer to determine if a new tank system is authorized and approved. The Contractor shall provide, install and maintain bulk oxygen tank system(s) with appropriate back-up system(s). Through the duration of the Contract, the Contractor shall be liable for the integrity, suitability, and safety of Contractor-owned bulk oxygen tank system(s) that will insure compliance with applicable regulations, and standards. Government facility that requires installation of Contractor owned Bulk Tank System, shall provide a suitable location and foundation for the installation of the Contractor owned bulk oxygen tank system(s). Additionally, each facility shall provide access to an electrical power source and hook-up to a facility-maintained alarm system. The Contractor shall perform the hook-up of Contractor owned Bulk Tank System to the facility-maintained alarm system. The Contractor shall work with the VA electricians and the Contractor will have the required conduits on site. Through the duration of the contract, the Contractor shall be liable for the integrity, suitability, and safety of Contractor owned tank system(s) that will insure compliance with applicable regulations, standards and commercial practices. The tank system capacity and reserve system shown in the schedule are minimum capacities required by the using facilities. The option for a facility to expand their capacity to ensure facility is meeting minimum needs for growth throughout the life of the contract will be assessed by the individual facility. Facility will identify additional Bulk Oxygen Tank System as needed on campuses. The Contractor shall work with the VA facility engineers and plumbers to locate the correct pipes for temporary tank system hook up. Each facility will have full H cylinders on hand to cover every inpatient bed that is currently hooked up to receive bulk oxygen from internal pipes A complete VA approved contingency plan must be tested prior to swap out. The manifold, cylinders for the reserve supply and portable supply of tank system, including refills if necessary during the swap out, liquid converter, alarm switch, regulator, valves, level indicator, and any other devices or connections required for proper tie-ins with the facility’s medical-grade liquid bulk oxygen system shall be furnished by the Contractor, without cost to the Government during the swap out. All contingency items, H cylinders and portable tank systems will be removed within a week after the swap out. The manifold or liquid converter shall deliver of medical-grade liquid bulk oxygen at a pressure and rate of flow adequate to supply the system. Each liquid oxygen storage container shall have an outlet that allows access for testing the purity of the oxygen.

3.2 All Bulk Tank System and materials required to cover all components and separators of the tank system to perform on the contract (other than what is specifically listed in section 3, Government-Furnished Property) shall be provided by the Contractor. Contractor owned Bulk Tank System shall be inspected and maintained by the Contractor without additional cost to the Government (i.e., all installation, inspection and maintenance costs shall be included in the contract’s monthly Bulk Tank System rental fee for the applicable facility). Contractor owned Bulk Tank System shall be kept in standard commercial operating condition and appearance, in accordance with applicable federal and state laws, regulations, and standards of commercial practices. The Contractor shall be afforded reasonable access to the bulk oxygen systems for this purpose.

3.3 For this facility, having Contractor-owned tank systems, the Contractor shall scan and track each fill invoice with a unique item tracking number for automated process available for COR to view electronic inventory online.

4. Installation and Service of Contractor-Owned Bulk Tank System

4.1 To permit orderly transition from one Contractor to another, the Contractor shall continue to honor the contract’s monthly Bulk Tank System rental fee and of medical-grade liquid bulk oxygen contract price for a maximum of ninety (90) days beyond the scheduled expiration of the contract period, unless transition from one Contractor to another is completed prior to the ninetieth day transition period. For any partial month, the Contractor shall prorate the monthly Bulk Tank System rental fee accordingly. The Contractor shall continue to provide and maintain its Bulk Tank System during this transition period. The Contractor shall provide an implementation plan that must meet the installation period.

4.1.1. Phase In: The billing period shall begin on the noted transition date. Payments shall be assessed based on the providers established rate and prorated from setup date. Prorated monthly rates are based on a 30-day month.

4.1.2. Phase Out: The Contractor realizes that the supplies being provided under this contract are vital and must be continued uninterrupted. The outgoing Contractor shall not remove any Bulk Tank System from the facility until replacement Bulk Tank System has been installed. The outgoing Contractor shall coordinate transition of Bulk Tank System / services with the incoming Contractor as soon as possible, but not to exceed ninety (90) days from date of contract expiration. If additional transition time is required beyond contract expiration, a separate Purchase Order shall be issued to the Contractor for payment of services on a pro-rated basis. Prorated monthly rates are based on a 30-day month.

4.1.3. During transition both Phase In and Phase Out, from one Contractor to another, the awarded Contractor must reconcile in conjunction with the Government and the outgoing Contractor an implementation plan, in writing. The plan is to include the timeline of events associated with a tank system swap, document the agreed upon responsibilities of each party at each participating facility.

4.2 Unless otherwise directed by the using facility, Contractor owned Bulk Tank System shall be installed by ninety (90) days from the effective date of the contract and shall be connected to the of medical-grade liquid bulk oxygen system on that date; provided. If the Contractor’s Bulk Tank System replaces Bulk Tank System already in use, the exchange of Bulk Tank System shall be accomplished without interruption of medical-grade liquid bulk oxygen supply to the using facility. Contractor installed Bulk Tank System shall remain the property of the Contractor and shall be removed upon termination of the contract, when directed by the ordering facility and in full cooperation with the succeeding Contractor to avoid interruption of medical-grade liquid bulk oxygen supply.

4.3 All Contractor owned Bulk Tank System shall be installed in accordance with NFPA 55: Compressed Gases and Cryogenic Fluids Code, Current Edition, NFPA 99 Standard for Health Care Facilities, Current Edition, and FDA’s Current Good Manufacturing Practices (CGMP) Regulations. The Contractor shall comply with all OSHA standards and applicable safety requirements, including proper signage and use of personal protective Bulk Tank System.

4.4 A copy of the state’s pharmaceutical license shall be provided at time of solicitation submission.

4.5 If indicated by the using facility that the ownership of the installed Bulk Tank System belongs to another Contractor, the facility has the right to determine if the current tank system remains in use due to remaining years of lifecycle, cost associated with swap, such as meeting new code requirements the swap. If the facility chooses not to swap out the tank system that will require the succeeding Contractor to fill the current Bulk Tank System, and not reinstall new. The Contractor shall provide a copy of the agreement to either purchase or distribute service to fill and maintain the Bulk Tank System.

5. Delivery of Medical Liquid Bulk Oxygen

5.1 Bulk oxygen orders will be placed via telemetry and delivered to the individual ordering facility, if available. If available will be no charge to John J. Pershing VA.

5.2 The Contractor shall deliver medical-grade liquid oxygen within the time frame specified in the schedule of items for each facility. The time frame identified may be either the number of calendar days after receipt of the Government’s order, the specific days of the week for delivery, the specific time intervals between deliveries, a specified reorder point based on telemetry, or other specified ordering and delivery method, mutually agreed upon with the facility COR. If the time frame for Contractor delivery is not identified in the facility requirements, the Contractor must provide 24-hour notice prior to delivery or upon mutual agreement between the facility COR and Contractor, alternate ordering/delivery methods such as pre-scheduled deliveries, calling for tank system level readings, installing a telemetry unit, etc. may be arranged. The process of all orders will be agreed upon by the COR and Contractor. If for any reason the Contractor is unable to delivery at the agreed upon day or time, the Contractor shall provide 24-hour notice to the COR and must initiate an alternate backup action. In accordance with VHA Patient Safety Alert dated April 5, 2004, all deliveries must be monitored by a qualified and trained technical representative that will be designated by each facility and identified during site inspection. Contractor will be provided with names and contact information of primary and back-up facility representatives. This applies to all deliveries regardless of time or day of execution.

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

5.4 At the time of each delivery, Contractor shall provide a legible signed and dated available in electronic form. Minimum invoice includes the tank system level prior to fill, the level after fill, and the quantity delivered. This document must be countersigned by the facility representative supervising the delivery. Delivery audits will be performed and matched for accuracy. Any missing data will be identified and documented to be on the electronic delivery slip, therefore a hand-written document will be required additionally for invoicing purposes.

5.5 Emergency delivery will be provided within 24 hours after receipt of Government notification. Contractor shall respond to the facility by either fax or email within one hour to confirm receipt of emergency notification to ascertain the nature of the emergency. Emergency status is determined by the Government when conditions warrant, such as an actuated main bulk tank system imminent alarm condition, or system leak that requires a refill in 24 hours. Failure of the Contractor to remain current with agreed delivery schedule, or failure on telemetry notification does not constitute an “emergency” for purposes of charging an emergency delivery fee.

Once validated, the facility will post the facility and Contractor contact names and numbers on the oxygen tank system and at each monitoring point at the facility so that 24/7 supplier staff coverage is assured.

5.6 A Contractor’s “fill rate” is defined by the maximum fill capacity of each tank system delivered on the delivery date. The Contractor shall have a fill rate of 95% or greater for each recurring medical liquid bulk oxygen request for delivery slip. This will be measured monthly against the invoice and used as a performance measurement. The following incidents listed below can negatively impact the Contractor’s fill rate:

5.7 The Contractor will not be required to make delivery on federally observed holidays. When the normal delivery day falls on a federal holiday, the Contractor shall make delivery on the next work day following that holiday. The following holidays are observed by the Federal Government:

New Year’s Day 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) Columbus Day (2nd Monday in October) Veterans Day (November 11th) Thanksgiving Day Christmas Day Or any day that is declared a national Holiday per Executive Order by the President

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

6. Quality Assurance Specifications and Requirements

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

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

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

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

6.5 A copy of all inspection reports shall be provided to each facility COR upon the completion of any Contractor owned or government owned bulk oxygen system inspections that are required by regulation at a minimum done annually.

6.6 All Contractor owned Bulk Tank System shall be maintained or repaired in accordance with NFPA 55 (Current Edition) and FDA’s Current Good Manufacturing Practices (CGMP) Regulations.

7. Applicable Regulations & Standards

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

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

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

49 CFR – Transportation

Federal Food, Drug, and Cosmetic Act

NFPA 55: Compressed Gases and Cryogenic Fluids

NFPA 99: Standard for Health Care Facilities

U.S.P. 23

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

Calculation based on data in CGA P-6

1 ft³ liquid O2 = 860.6 ft³ gas (Table 1) 1 ft³ liquid O2 = 7.48052 gal (Table 2)

Therefore:

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

1 gal liquid O2 = 860.6 ft³ gas 7.48052

1 gal liquid O2 = 115.05 ft³ gas or more commonly quoted as 1 gal liquid O2 = 115.1 ft³ gas

8. CONDUCT OF PERSONNEL:

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

8.2. The Contractors employee(s) shall wear visible identification on uniform shirt and badge at all times while on the premises and the delivery truck must be clearly and appropriately labeled with Contractor signage when on VA medical facility, Warehouse, CBOC, etc.

8.3 The Contractor must be familiar with the location of the facility tanks prior to delivery and must, comply with rules associated to entering the VA medical facility provided on Attachment A.

9.Emergency Supply Support

The Veterans Administration Medical Center listed in Attachment A are designated as Federal Emergency Medical Facilities with significant contingency and emergency response roles. Accordingly, the Contractor shall provide contingency plan to offer strategies to provide emergency supply support during major catastrophic events. These strategies shall include additional methods of contacting for ordering medical gas and offering Federal Emergency Medical Facilities, at no cost, the option to pre-prepare order lists tailored to potential catastrophic events likely to occur in their area (fire, mass contamination, epidemic, earthquake, tornados, typhoons, etc.). Because of the emergency nature of these orders Contractor must performance with full delivery to the facility of the required quantities of 90% or more of the order within 24 hours of callout by the facility or their geographical area(s) as designated by the CLIN(s), with 99% or more of all remaining order delivered within the next 24 hour period (the fee for calling out these pre-prepared orders shall be fixed in accordance with emergency fee). This performance requirement applies whether a single facility or multiple facilities are impacted by the catastrophe.

10. REVIEWS:

10.1. The COR or Facility POC will conduct at a minimum monthly review of invoices to reconcile the difference of filled CCF per tank system as indicated on the delivery ticket with the Contractor.

11. ORDERING, INVOICE AND PAYMENT

A. After deliveries are made an invoice must match and include the legible signed and dated electronic document that identifies the tank system level prior to fill, the level after fill, and the quantity delivered.

1) Contractor shall list in the spaces below the name(s) and address(es) of customer service departments with whom the Government facilities will place orders:

1) The CORs shall provide a list of authorized orders. All orders are to include the signature of the COR before orders are placed. Orders placed without the CORs authorization is not allowed and will not be paid by the purchase order.

2) The COR may request a spreadsheet to review prior to Contractor submission of invoice or certification of invoice. The spreadsheet is to reflect all the orders delivered, emergency fees and monthly Bulk Tank System rental fees. Contractor must provide sample copy for approval at time of award submission.

3) No advance payments shall be authorized, and no purchase card orders will be allowed/authorized. Payment shall be made on a monthly basis for product provided during the billing month in arrears in accordance with FAR 52.212-4, para. (i) upon submission of a properly prepared invoice for prices stipulated in this contract for products delivered and accepted in accordance with the terms and conditions of the contract, less any deductions stipulated in this contract.

Education to facility staff Education will be provided to John J. Pershing VA staff once a year on the bulk tank system and safety of it at no charge.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

OXYGEN-BULK-RENTAL

bulk oxygen (item master number is 5626) will not let us enter amount we need which is 1,887,903 cubic feet cost is .0084 per cubic foot

DEMURRAGE-H-CYLINDER-TANKS

NATIONAL STOCK NUMBER: 6515-03-000-0084

LOCAL STOCK NUMBER: 1223

16 | Page

SECTION C - CONTRACT CLAUSES

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

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.2 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from Award Date through Contract Expiration.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of Clause)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than Ordered, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of Maximum Capacity;

(2) Any order for a combination of items in excess of Maximum Capacity 95%; or

(3) A series of orders from the same ordering office within days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 1 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an…