36C25520Q0626 0002 RFQ.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. 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 71

Amendment 0002 36C25520Q0626 09-15-2020

Jim Lewis james.lewis114fbb@va.gov 913-946-1992 09-18-2020

1:00 PM

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

Leavenworth KS 66048

X

325120

1000 Employees

N/A

X

36C657

John J. Pershing VA Medical Center 1500 North Westwood Blvd

Poplar Bluff MO 63901

36C255

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

Leavenworth KS 66048

36C657

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

Austin TX

877-353-9791 512-460-5429

See CONTINUATION Page

Vendor will provide Medical Gases to the John J Pershing VA Medical Center, Poplar Bluff, MO. Please see attached Statement of Requirements for more details.

Service-Disabled Veteran Owned Small Businesses and Veteran owned Small Businesses must be registered & CVE certified in VetBiz.gov (www.vip.vetbiz.gov) at submittal and time of award.

See CONTINUATION Page

X X

X 1(one)

John Pratt

36C25520Q0626

Table of Contents

SECTION A

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

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF REQUIREMENTS

B.3 PRICE/COST SCHEDULE

B.4 DELIVERY

SECTION C - CONTRACT CLAUSES

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.2 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT

2018)

C.3 52.216-21 REQUIREMENTS (OCT 1995)

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...32

C.5 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (MAR 2020)

C.6 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR

1984)

C.7 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

C.8 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.9 VAAR 852.212-71 GRAY MARKET ITEMS (APR 2020)

C.10 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.11 VAAR 852.223-71 SAFETY AND HEALTH (SEP 2019)

C.12 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

C.13 VAAR 852.247-75 BILLS OF LADING (OCT 2018)

C.14 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JUN 2020)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018)

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)

E.4 VAAR 852.223-70 INSTRUCTIONS TO OFFERORS—SUSTAINABLE

ACQUISITION PLAN (SEP 2019)

E.5 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (JUN 2020)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

(continuation from Standard Form 1449, block 18A.)

(a). CONTRACT ADMINISTRATION: All contract administration matters will be handled by the following individuals:

(1). CONTRACTOR: ____________________________________

DUNS: ____________________________________

Tax Identification Number (TIN): ____________________________________

Contact person name: ____________________________________

Contact person email: ____________________________________ Contact person telephone: ____________________________________

(2). GOVERNMENT: DEPT. OF VETERANS AFFAIRS

Contract Specialist: Jim Lewis Contract Officer: John Pratt

Veterans’ Health Administration Network Contracting Office (NCO) 15 3450 S 4th St.

Leavenworth KS 66048

(b). 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

(c). INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly, upon acceptance.

(d). 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

(e). REFERENCE NUMBERS: Please reference both the Task Order number (to be assigned) and the Obligation Number (to be assigned) on all correspondence and invoices.

If contract option years are exercised, new obligation numbers will be issued and identified on the contract modification document.

(f). AUTHORIZATIONS:

(1). The Contracting Officer (CO) named in Section (a) above is responsible for the overall administration of this contract. Only the CO has the authority to make changes which affect:

(A). Contract prices, (B). Quality, (C). Quantities, or (D). Delivery terms and conditions.

(2). Contracting Officer Representatives (COR) and Alternate Contracting Officer’s Representatives (Alt-COR) may be assigned to this contract. The COR and Alt-COR shall be provided specific written delegated authority by the CO, a copy of which will be provided to the Contractor.

(g). CONTRACT TIME PERIOD:

(1). It is anticipated that the contract will be for a base year and four (4) option years, which will be exercised at the discretion of the Government. The estimated contract Base year period of performance shall commence on or about September 25, 2020 and expire September 24, 2025.

B.2 STATEMENT OF REQUIREMENTS

Medical Gases and Gas Cylinders

1. SCOPE:

1.1. The John J. Pershing VA Medical Center, Poplar Bluff, MO, requires a contractor to provide medical gases. The contractor shall be responsible for the filling, transporting, handling, delivering, pick up and storing of medical cylinders gases.

1.2. All supplies of medical cylinder gases shall be delivered to the John J Pershing VAMC, with the exception that Liquid Nitrogen will also be delivered directly to the Cape Girardeau CBOC. The amount of deliveries are included in the Price/Cost Schedule and the contractor must comply with amount of deliveries specified. The Contractor shall identify a distribution center and/or resources physically located within an 80-mile radius of the John J Pershing VAMC Poplar Bluff, MO., in which they will supply medical gas. 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 one hundred (100) mile radius.

1.3. The quantities shown in the Price/Cost Schedule, are estimates of the requirement. There is no express or implied guarantee that these quantities will be purchased. The Government is anticipating awarding a Firm Fixed Price contract with one base year and four(4) option years. The period of performance shall be from September 20, 2020 through September 19, 2025. A 10% increase or decrease of usage may be anticipated annually by the Government.

Adding or removing medical gasses on the list at any location is based on station needs of usage.

1.4. The Contractor will be provided with the name and contact information of the primary

Contracting Officer Representative (COR) within 20 days after award of the Contract. 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); The Contractor shall provide a legible signed and dated written or online document that identifies the number of cylinders at the ordering facility prior to delivery, the number of cylinders being delivered, the number of cylinders being picked-up, and the number of cylinders at the ordering facility after the delivery has been made. This document must be counter-signed by the facility representative supervising the delivery.

2. MEDICAL GAS SPECIFICATION AND REQUIREMENTS:

2.1. All medical gases 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.). The Contractor shall be registered with the FDA and all medical gases shall be manufactured, processed, packaged, transported, and stored according to the FDA’s CGMP regulations and Labeling Section 21, Code of Federal Regulations, parts 820.80(b), 820.70(f),

820.120 or most current codes as they update during the period of the contract. All products, equipment and services provided under this contract shall follow all applicable Federal, State and Local regulations.

2.2. In addition, the following specifications are incorporated into the contract or most current codes as they update during the period of the contract.:

2.2.1. BB-A-1034B, FEDERAL SPECIFICATION: COMPRESSED AIR, BREATHING (20

DEC 1985) http://everyspec.com/FED_SPECS/B/BB-A-1034B_9157/

2.2.2. BB-C-101D, FEDERAL SPECIFICATION: CARBON DIOXIDE (CO2): TECHNICAL

AND USP (07 MAR 2011) http://everyspec.com/FED_SPECS/B/BB-C-101D_31791/

2.2.3. Compressed Gas Association (CGA) Publication G-7 – Compressed Air for Human

Respiration, dated 08-04-2003 and ANSI/CGA G-7.1 Commodity Specification for Air, dated 08-27-2004. http://www.cganet.com.

2.3. Material Safety Data Sheets shall be provided to the facility COR upon request. VA may request training on procedures associated with safety data and maintaining medical gas cylinders while on VA facilities.

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

3. CYLINDERS AND ASSOCIATED COMPONENTS:

3.1. Laws and regulations: Cylinders and other containers for gaseous and liquid forms of gas shall comply with the most current codes as they update during the period of performance of the contract and based on best and most current industry standards, policy and regulations.

Not limited to the following addressed below:

3.2. DOT specifications and shall be maintained, filled, marked, labeled, and shipped to comply with current DOT regulations (Title 49 – Transportation, Code of Federal Regulations).

Filling, packaging, and labeling for medical gases shall also comply with the Federal Food, Drug, and Cosmetics Act, and the FDA.

3.3. Marking: In addition to marking required by the laws and regulations, marking shall comply with the most current codes as they update during the period of performance of the contract CGA Publication C-7 – Guide to Preparation of precautionary Labeling and Marking of Compressed Gas Containers, dated January 01, 2014 https://www.cganet.com/.

3.4. Color Coding: Cylinders shall be color coded in accordance with the most current codes as they update during the period of performance of the contract CGA Publication C-9 – Standard Color Marking of Compressed Gas Containers Intended for Medical Use, dated September 2013 https://www.cganet.com/.

3.5. Valves: Valves shall comply with the most current codes as they update during the period of performance of the contract with CGA Safety Bulletin SB-26 dated August 2014 and CGA Publication V-1 -Compressed Gas Association Standard for Compressed Gas Cylinder Valve Outlet and Inlet Connections, dated September 2019. Valve protection caps for cylinders designed to receive such caps shall be securely attached to the cylinders in a manner to protect the valves from injury during transit and delivery to the purchaser’s receiving area.

For cylinders, all fittings must be permanently brazed to prevent their removal. In addition, https://www.cganet.com/ each container should contain a 360-degree cryoband applied to the top of the container with the drug product name repeated around the entire container. https://www.cganet.com/.

3.6. Hydrostatic Testing:

3.6.1. Retest Date: If applicable the contractor shall comply with the most current codes as they update during the period of performance of the contract of DOT regulations require retesting of cylinder(s) within three (3) months after scheduled date of shipment to a continental U.S. destination or within six (6) months after scheduled date of shipment to an overseas destination, the cylinder(s) shall be retested. The Contractor will be required to retest any government-owned cylinder when requested by ordering facility, regardless of scheduled retest date . NOTE: Government-owned cylinders have both a 5-Year and a 10- Year Hydrostatic Testing requirement.

3.6.2. Method: Government-owned cylinders, which are eligible for extended hydrostatic retesting by a modified hydrostatic method or by visual inspection in lieu of hydrostatic testing, shall be serviced by the most economical means and shall comply with the most current codes as they update during the period of performance of the contract of DOT regulations (49 CFR 173) unless otherwise specified by the ordering facility. When modified or reduced DOT test requirements are contingent upon past usage of the cylinders, a written statement from the ordering activity indicating that the cylinders have been used exclusively for a specific gas may be considered acceptable evidence of the cylinders’ eligibility for modified testing or inspection.

3.6.3. Hydrostatic testing shall comply with the most current codes as they update during the period of performance of the contract be performed in accordance with CGA’s Publication

– C-q, Methods for Hydrostatic Testing of Compressed Gas Cylinders, dated June 24, 2019 https://www.cganet.com/.

3.6.4. Visual inspection shall comply with the most current codes as they update during the period of performance of the contract be performed in accordance with the applicable CGA publications C-6 – Standards for Visual Inspection of Steel Compressed Gas Cylinders, dated January 1, 2013 or as applicable C-6.1 – Standards for Visual Inspection of High- Pressure Aluminum Compressed Gas Cylinders, dated January 1, 2013 https://www.cganet.com/.

3.6.5. Cylinder Sizes: Cylinder sizes shown in the Item Description chart below, indicates product capacity of the cylinder(s) currently being used. All capacities are approximate, and the government shall be billed only for the actual amount of gas delivered. In accordance with the most current codes as they update during the period of performance of the contract Federal Food, Drug, and Cosmetic Act, the actual contents of the container must appear on the label.

Cylinder Size

Outer Diameter (inches)

Height (inches)

B 3 5/16 – 3 ½ 13 – 13 ¼ C 3 ½ 8 D 4 3/16 – 4 ½ 16 ¾ - 19 E 4 3/16 – 4 ½ 24 ¾ - 30 F 4 ¼ 17 G 8 ½ 51 – 51 ¾ H 9 – 9 1/4 51 J 9 – 9 1/4 51 – 55 K 9 56 https://www.cganet.com/

M 7 43 Q 7 – 7 ½ 32 – 49 S 7 ¼ - 7 ½ 46 T 9 ¼ - 10 55 - 61

LT

Nitrogen (on wheels)

26” 57”

LT

Helium

24” 59”

3.6.6. 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.

3.6.7. Method of Shipment: Empty government-owned cylinders that are picked up from an ordering facility for re-fill or service shall be transported in accordance with the most current codes as they update during the period of performance of the contract DOT Regulations, using normal commercial practice to prevent damage to cylinders.

4. GOVERNMENT OWNED-MEDICAL GAS CYLINDERS:

4.1. Government-owned medical gas cylinders and appurtenances shall be maintained by the Contractor in a manner that will ensure compliance with applicable regulations, and standards. Expenses that occur (i.e.: valve replacements) shall be paid for by the Government via purchase card.

4.2. Government-owned medical gas cylinders and appurtenances that do not meet compliance requires the contractor to inform the Contracting Officers’ Representative (COR) at the facility. The COR will provide a disposition slip to the contractor to dispose of the specific government-owned medical gas cylinders. Government owned property also includes abandoned medical gas cylinders from other vendors to be disposed.

4.3. Individual Agency Ownership of Cylinders: Government-owned cylinders shall remain the property of the individual ordering (owning) agency and shall not be exchanged for other cylinders, either government-owned or contractor-owned, without authorization of the ordering facility.

4.4. The contractor is required to pick up government-owned medical gas cylinders and appurtenances shall be filled to the maximum functional capacity during each refilling procedure unless otherwise specified in the facility requirements. Each Government-owned medical gas cylinders and appurtenances shall be returned one for one to match the pick-up number.

4.5. The contractor is required to provide a legible signed and/or electronic delivery slip that has been signed by the deliverer as well as the countersigned by the facility representative supervising the delivery. The delivery slip must include:

4.5.1.1. The number of cylinders at the ordering facility prior to delivery

4.5.1.2. The number of cylinders being delivered

4.5.1.3. The number of cylinders being picked-up

4.6. The facilities will identify government owned cylinders and will perform delivery audits every delivery date and if one for one matching is not accurate, missing cylinder quantities will be identified and documented on the delivery slip of government owned cylinders. A quarterly audit by the government will determine if the contractor lost any government-owned medical gas cylinders and appurtenances. The contractor will be responsible to pay for lost government-owned medical gas cylinders and appurtenances at agreed upon rates as identified on Attachment 2, Schedule of Items.

5. NON-REPAIRABLE GOVERNMENT OWNED MEDICAL CYLINDERS:

5.1. Prior to disposing of non-repairable government-owned cylinders, parts, fittings, and appurtenances, the Contractor shall contact the ordering (owning) facility COR. The Contractor shall also list reason for disposition. Contractor shall make disposition in accordance with ordering activity’s instructions.

5.2. Contractor shall be paid for all services performed and authorized by the ordering activity in accordance with the price schedule.

5.3. Contractor shall not charge any additional fees for the return of non-repairable cylinders to the ordering activity.

6. CONTRACTOR-FURNISHED MEDICAL CYLINDERS:

6.1. Contractor shall install and maintain cylinders with appropriate back-up systems, if applicable, with approval from the COR. Through the duration of the Contract, the Contractor shall be liable for the integrity, suitability, and safety of contractor-owned cylinder(s) that will ensure compliance with applicable regulations and standards.

6.2. Contractor-owned equipment shall be installed, inspected and maintained by the Contractor at the Contractor’s expense (i.e., all med gas cylinder tracking, electronic access to information, installation, inspection and maintenance costs shall be included in the Contract’s monthly fee for the applicable facility).

6.3. Contractor-owned equipment shall be kept in good operating condition, clean, rust free, labels and appearance must be in accordance with applicable regulations and standards. Each station shall provide the Contractor reasonable access to the facilities they are responsible for.

6.4. Stations have a right to refuse cylinders that do not meet applicable regulations and standards.

Contractor shall legibly document, date and sign any written delivery issues and include images of the number of cylinders rejected. The contractor must replace rejected cylinders within 24 hours at no cost to the government.

6.5. The contractor is required to provide a legible signed and/or electronic delivery slip that has been signed by the deliverer as well as the countersigned by the facility representative supervising the delivery. The delivery slip must include:

6.5.1.1. The number of cylinders at the ordering facility prior to delivery

6.5.1.2. The number of cylinders being delivered

6.5.1.3. The number of cylinders being picked-up

6.5.1.4. Liquid Nitrogen fill (if applicable)

7. TRANSITION/IMPLEMENTATION OF CONTRACTOR FURNISHED MEDICAL GAS

CYLINDERS:

7.1. Phase In: Upon receipt of an order via COR and/or alternate COR, the incoming contractor shall be responsible for replacing all appropriate VA authorized (incumbent contractor-owned) equipment presently located at each facility with the incoming contractor’s equipment as soon as possible after award, but not to exceed forty-five (45) days from date of contract award. Incoming contractor shall coordinate with the incumbent contractor during the transition period relating to the removal of the incumbent contractor’s equipment form each facility. The change shall include delivery, setup, and instructions as further specified herein, and shall be accomplished without disruption in supplies and services. The billing period shall begin on the noted transition date. Upon completion of phase in transition, payments shall be assessed based on the provider’s established rate and prorated from setup date. Prorated monthly rates are based on a 30-day month.

7.2. Unless otherwise directed by the ordering facility, contractor-owned equipment shall be installed by the effective date of the Contract provided that the Contractor shall be allowed a maximum of forty-five (45) days, after receipt of notice of award, to complete installation. If the Contractor replaces equipment already in use, the exchange of equipment shall be accomplished without interruption of gas supply to the ordering agency. Contractor-installed equipment shall remain the property of the Contractor and shall be removed upon termination of the Contract, when directed by the ordering facility and in full cooperation with the succeeding Contractor to avoid interruption of gas supply.

7.3. To permit orderly transition from one contractor to another, the Contractor shall continue to honor the Contract’s monthly equipment rental fee and gas contract price for a maximum of sixty days (60) days beyond the scheduled expiration of the contract period), unless transition from one contractor to another is completed prior to the 60th day of the transition period. For any partial month, the Contractor shall prorate the monthly equipment rental fee accordingly.

The Contractor shall continue to provide and maintain its equipment during the transition period.

7.4. 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 equipment from the facility until replacement equipment has been installed. The outgoing contractor shall coordinate the transition of equipment/services with the incoming contractor as soon as possible, but not to exceed sixty (60) 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 prorated basis. Prorated monthly rates are based on a 30-day month.

7.5. During transition of both Phase In and Phase Out from one contractor to another, the Contractor must reconcile in conjunction with the Government and the incoming contractor, in writing, the accuracy of the cylinder count for each type of gas listed in the Schedule of Items. During the transition period, both Contractors, incoming and outgoing, shall separately conduct an inventory audit that documents the number of contractor-owned and government-owned cylinders. All auditing documents must be approved and signed by all parties involved during the transition periods as emphasized above.

8. MEASUREMENT AND CONVERSION COMPUTATION, ATMOSPHERIC GASES AND

HYDROGEN:

8.1. 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/.

9. ORDERING PROCESSES:

9.1. The Contractor will be provided with names and contact information of the primary Contracting Officer Representatives (CORs) within 20 days after award of the contract for each ordering facility.

9.2. An Authorized Customer may place orders that are emergency or routine. The Contractor must designate a central location for Authorized Customer orders to 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.

9.3. Confirmation: The Contractor must respond to the facility by electronic commerce on the same day after receipt of order for non-emergency deliveries. Orders shall be accepted until 12:00pm for next day deliveries. If the day following the order falls on a federal holiday, then the delivery confirmation shall be the next business day following the federal holiday.

9.4. Emergent Confirmation: Contractor must respond to the facility by either telephone or email within one (1) hour to confirm receipt of emergency notification and to ascertain the nature of the emergency.

10. DELIVERY REQUIREMENTS:

10.1. 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); The Contractor shall provide a legible signed and dated written document that identifies the number of cylinders at the ordering facility prior to delivery, the number of cylinders being delivered, the number of cylinders being picked-up, and the number of cylinders at the ordering facility after the delivery has been made. This document must be counter-signed by the facility representative supervising the delivery.

10.2. All orders shall be delivered to the individual ordering facility on the specified delivery date or within twenty-four (24) hours after confirmation if emergent. It is the responsibility of the awardee to ensure that the station receives their orders on the specified delivery dates.

10.3. Backorder Notification shall be provided to the COR or designated POC immediately when back order is known. Contractor must also provide estimated lead time of medical gas and provide details of the shortage in marketplace. Any medical gases that can be identified as difficult to fill, must be identified to the COR as soon as possible. Each week the back order is not filled, a status update must be provided to the COR or designated POC.

10.4. The Government retains the right to investigate the backorder situation to determine the cause of the backorder and to aid during the backorder period.

10.5. Cancellation of back order by the Contractor is considered a failure to perform and may be considered grounds for adverse action.

10.6. All medical gas deliveries shall be made per each state’s Department of Transportation

(DOT) Regulations. Empty government owned cylinders that are picked up from an ordering facility for re-fill or servicing shall be transported according to DOT Regulations, using normal commercial practices to prevent damage to cylinders.

10.7. Upon delivery, the delivery driver and facility POC will conduct a cylinder delivery count. Cylinders will be logged in on a paper or electronic delivery slip with the delivery date and driver ID specified. The delivery slip shall be signed by both the facility POC and delivery driver. This information will be given to the COR.

10.8. Upon delivery, the delivery driver and facility POC will conduct an empty cylinder delivery count. Empty cylinders will be logged in on a paper or electronic delivery slip with the delivery date and driver ID specified. The delivery slip shall be signed by both the facility POC and delivery driver. This information will be given to the COR.

10.9. Deliveries shall be completed weekly on Mondays between the hours of 8:00am –

4:00pm Local Standard Time, unless that day is a Federal Holiday, in which case the delivery shall be completed on the following day. The Contractor and ordering facility COR may adjust the delivery day and/or time upon mutual written agreement. All deliveries shall be coordinated with the facility POCPOC.

10.10. Routine orders shall be accepted by the Contractor until 12:00 PM, facility local time, 24 hours before the next regularly scheduled delivery.

10.11. 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, shall NOT be billed to, or collected from, the facilities for orders received under this Contract.

10.12. Emergency deliveries shall be delivered within twenty-four (24) hours after receipt of government notification. Emergency status is determined by the Government when conditions warrant, such as an actuated imminent alarm condition, or system leak. 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:

This facility is designated as a Federal Emergency Medical Facility with significant contingency and emergency response roles. Accordingly, the Contractor shall 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 perform 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 location.

12. DELIVERY TICKETS:

Each delivery must contain a legible delivery ticket covering the following:

12.1.1. Contract Number,

12.1.2. Facility Purchase Order Number

12.1.3. Delivery Order Number

12.1.4. Date of Order

12.1.5. Date of Delivery

12.1.6. Item number(s) and/or product identification number(s)

12.1.7. The number of cylinders being delivered

12.1.8. The number of cylinders being picked up

13. PRICE OF SERVICES FOR GOVERNMENT OWNED/CONTRACTOR OWNED

CYLINDERS:

13.1. Services Included in the Price of Gas (Both Government and Contractor-Owned

Cylinders): The Contractor’s price for the gas shall include the following, at no additional cost, of all services which are required at each filling of a cylinder to comply with applicable regulations, and specifications. Such services shall include but may not be 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. Attaching oxygen cylinders to manifold systems, when required, shall also be performed by the Contractor at no additional cost. In addition to services listed in this paragraph, the Contractor shall be responsible for all maintenance and testing of contractor-owned cylinders.

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

14. MONTHLY RENTAL OF CONTRACTOR-OWNED MEDICAL GAS CYLINDERS:

14.1. When gases are ordered in contractor-owned cylinders, monthly rental rates shall apply to those cylinders in the possession of the ordering facility on a specific day of the month (e.g.

15th, 25th, last day).

NOTE: Please indicate the day of the month that rental charges will be applied (see 12.1).

____________________ (e.g. 15th, 25th, last day)

15. LOST OR DAMAGED CONTRACTOR-OWNED CYLINDERS:

The Contractor shall submit a list of replacement costs for all individual lost or damaged cylinders in the possession of the facility. These cylinders shall become government property. If the facility elects to self-certify missing cylinders at their CBOC locations, the facility will be responsible for paying for these missing cylinders prior to having rental fees removed.

16. REVIEW/AUDITS:

16.1. The COR or Facility POC will conduct at a minimum, an annual review of inventory to reconcile the number of cylinders on hand in comparison to the number of cylinders held on the delivery ticket. An inventory report will be provided to the COR, CO and Contractor.

16.2. Annual inventory audits will be conducted jointly with facility and contractor representatives. Due to the size of the main facility, the audit can be expected to take approximately two days (based on a single audit team).

16.3. Contractor must be present until audit is completed in its entirety. Audits that are conducted may be performed outside of normal business hours. The COR will only sign complete audits that are mutually agreed upon.

16.4. Upon concurrence and signed audit, facility will be authorized one (1) year to pay for the audited missing cylinders. Upon payment, the rental fees are to be removed from total cylinder count. If discrepancies continue, the Contractor must return at a mutually agreed upon date to redo the audit. If the facility is unable to reschedule with 90 days, the facility must honor initial audit findings

17. REPORTS:

17.1. A tracking system will be provided and maintained by the Contractor and access to the

CORs will be provided for each station to review whenever needed. The tracking system shall provide the ability to:

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

17.1.1.2. Review all past invoices

17.1.1.3. Review all countersigned and mutually agreed audits

17.1.1.4. Current cylinder counts

18. PERSONNEL:

18.1. The Contractor shall provide one (1) representative who shall act as the primary liaison between the facility and the contractor in regard to this contract.

18.2. The representative shall be available regardless of ordering method. No later than 30 days after contract start date, the VA shall be provided with the name, phone, and email of the representative.

18.3. The name of the person shall be designated in writing to the Contracting Officer. The contractor’s liaison shall have full authority to act for the contractor on all matters related to:

18.3.1.1. Daily operations of the contract

18.3.1.2. Assist in resolving invoice issues

18.3.1.3. Assist in resolving delivery issues,

18.3.1.4. Main point of contact for arranging annual auditing of medical gases

19. CONDUCT OF CONTRACTOR PERSONNEL:

19.1. Contractor employees shall conduct themselves in a manner socially acceptable.

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.

19.2. Contractor employees shall always wear visible identification while on the premises of the VA medical facility, warehouse, CBOC, etc.

(END OF SOR)

B.3 PRICE/COST SCHEDULE

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVI

CES

QUANTI

TY

UNI

T UNIT PRICE AMOUNT

120.00 EA _______________

DEMURRAGE-H-CYLINDER-TANKS

Contract Period: Base POP Begin:

POP End:

NATIONAL STOCK NUMBER: 6515-03-000-0084

LOCAL STOCK NUMBER: 1223

854.00 EA _______________

OXYGEN-E-TANK-REFILL

Contract Period: Base POP Begin:

POP End:

64.00 EA _______________

GAS,LIQUID NITROGEN,MEDICAL,BULK

Contract Period: Base POP Begin:

POP End:

20.00 EA _______________

CO2-SIZE-E

Contract Period: Base POP Begin:

LOCAL STOCK NUMBER: CO2 E TANK

2.00 EA _______________

REFIL OXYGEN D CYLINDER

Contract Period: Base POP Begin:

10.00 EA _______________

REFILL H TANKS 10

Contract Period: Base

POP End:

0007 1.00 EA _______________

REFILL ON AIR COMPRESSED E TANK

Contract Period: Base POP Begin:

POP End:

0008 10.00 EA _______________

VALVE REPLACEMENT

Contract Period: Base POP Begin:

POP End:

0009 10.00 EA _______________

TEST,HYDROSTATIC

Contract Period: Base POP Begin:

POP End:

NATIONAL STOCK NUMBER: 6515-03-000-0084

LOCAL STOCK NUMBER: RETEST

0010 1.00

EMERGENCY DELIVERY: (defined as service that exceeds contract SOW & is approved by the customer authorizing emergency delivery) Contract Period: Base POP Begin:

POP End:

1001 120.00 EA _______________

DEMURRAGE-H-CYLINDER-TANKS

Contract Period: Option 1 POP Begin:

POP End:

NATIONAL STOCK NUMBER: 6515-03-000-0084

LOCAL STOCK NUMBER: 1223

1002 854.00 EA _______________

OXYGEN-E-TANK-REFILL

Contract Period: Option 1 POP Begin:

POP End:

NATIONAL STOCK NUMBER: 6515-03-000-0084

1003 64.00 EA _______________

GAS,LIQUID NITROGEN,MEDICAL,BULK

Contract Period: Option 1 POP Begin:

POP End:

NATIONAL STOCK NUMBER: 6515-03-000-0084

LOCAL STOCK NUMBER: 1223

1004 20.00 EA _______________

CO2-SIZE-E

Contract Period: Option 1 POP Begin:

POP End:

LOCAL STOCK NUMBER: CO2 E TANK

1005 2.00 EA _______________

REFIL OXYGEN D CYLINDER

Contract Period: Option 1 POP Begin:

POP End:

1006 10.00 EA _______________

REFILL H TANKS 10

Contract Period: Option 1 POP Begin:

POP End:

1007 1.00 EA _______________

REFILL ON AIR COMPRESSED E TANK

Contract Period: Option 1 POP Begin:

POP End:

1008 10.00 EA _______________

VALVE REPLACEMENT

Contract Period: Option 1 POP Begin:

POP End:

1009 10.00 EA _______________

TEST,HYDROSTATIC

Contract Period: Option 1 POP Begin:

POP End:

1.00

EMERGENCY DELIVERY: (defined as service that exceeds contract SOW & is approved by the customer authorizing emergency delivery) Contract Period: Option 1

120.00 EA _______________

DEMURRAGE-H-CYLINDER-TANKS

Contract Period: Option 2 POP Begin:

POP End:

854.00 EA _______________

OXYGEN-E-TANK-REFILL

Contract Period: Option 2 POP Begin:

64.00 EA _______________

GAS,LIQUID NITROGEN,MEDICAL,BULK

Contract Period: Option 2 POP Begin:

POP End:

20.00 EA _______________

CO2-SIZE-E

Contract Period: Option 2 POP Begin:

LOCAL STOCK NUMBER: CO2 E TANK

2.00 EA _______________

REFIL OXYGEN D CYLINDER

Contract Period: Option 2

10.00 EA _______________

REFILL H TANKS 10

Contract Period: Option 2 POP Begin:

POP End:

2007 1.00 EA _______________

REFILL ON AIR COMPRESSED E TANK

Contract Period: Option 2 POP Begin:

POP End:

2008 10.00 EA _______________

VALVE REPLACEMENT

Contract Period: Option 2 POP Begin:

POP End:

2009 10.00 EA _______________

TEST,HYDROSTATIC

Contract Period: Option 2 POP Begin:

POP End:

NATIONAL STOCK NUMBER: 6515-03-000-0084

2010 1.00

EMERGENCY DELIVERY: (defined as service that exceeds contract SOW & is approved by the customer authorizing emergency delivery) Contract Period: Option 2 POP Begin:

POP End:

3001 120.00 EA _______________

DEMURRAGE-H-CYLINDER-TANKS

Contract Period: Option 3 POP Begin:

POP End:

NATIONAL STOCK NUMBER: 6515-03-000-0084

LOCAL STOCK NUMBER: 1223

3002 854.00 EA _______________

OXYGEN-E-TANK-REFILL

Contract Period: Option 3

NATIONAL STOCK NUMBER: 6515-03-000-0084

3003 64.00 EA _______________

GAS,LIQUID NITROGEN,MEDICAL,BULK

Contract Period: Option 3 POP Begin:

POP End:

NATIONAL STOCK NUMBER: 6515-03-000-0084

LOCAL STOCK NUMBER: 1223

3004 20.00 EA _______________

CO2-SIZE-E

Contract Period: Option 3 POP Begin:

POP End:

LOCAL STOCK NUMBER: CO2 E TANK

3005 2.00 EA _______________

REFIL OXYGEN D CYLINDER

Contract Period: Option 3 POP Begin:

POP End:

3006 10.00 EA _______________

REFILL H TANKS 10

Contract Period: Option 3 POP Begin:

POP End:

3007 1.00 EA _______________

REFILL ON AIR COMPRESSED E TANK

Contract Period: Option 3 POP Begin:

POP End:

3008 10.00 EA _______________

VALVE REPLACEMENT

Contract Period: Option 3 POP Begin:

POP End:

3009 10.00 EA _______________

TEST,HYDROSTATIC

Contract Period: Option 3

NATIONAL STOCK NUMBER: 6515-03-000-0084

3010 1.00

EMERGENCY DELIVERY: (defined as service that exceeds contract SOW & is approved by the customer authorizing emergency delivery) Contract Period: Option 3 POP Begin:

POP End:

4001 120.00 EA _______________

DEMURRAGE-H-CYLINDER-TANKS

Contract Period: Option 4 POP Begin:

POP End:

NATIONAL STOCK NUMBER: 6515-03-000-0084

LOCAL STOCK NUMBER: 1223

4002 854.00 EA _______________

OXYGEN-E-TANK-REFILL

Contract Period: Option 4 POP Begin:

POP End:

NATIONAL STOCK NUMBER: 6515-03-000-0084

4003 64.00 EA _______________

GAS,LIQUID NITROGEN,MEDICAL,BULK

Contract Period: Option 4 POP Begin:

POP End:

NATIONAL STOCK NUMBER: 6515-03-000-0084

LOCAL STOCK NUMBER: 1223

4004 20.00 EA _______________

CO2-SIZE-E

Contract Period: Option 4 POP Begin:

POP End:

LOCAL STOCK NUMBER: CO2 E TANK

4005 2.00 EA _______________

REFIL OXYGEN D CYLINDER

Contract Period: Option 4

4006 10.00 EA _______________

REFILL H TANKS 10

Contract Period: Option 4 POP Begin:

POP End:

4007 1.00 EA _______________

REFILL ON AIR COMPRESSED E TANK

Contract Period: Option 4 POP Begin:

POP End:

4008 10.00 EA _______________

VALVE REPLACEMENT

Contract Period: Option 4 POP Begin:

POP End:

4009 10.00 EA _______________

TEST,HYDROSTATIC

Contract Period: Option 4 POP Begin:

POP End:

NATIONAL STOCK NUMBER: 6515-03-000-0084

4010 1.00

EMERGENCY DELIVERY: (defined as service that exceeds contract SOW & is approved by the customer authorizing emergency delivery) Contract Period: Option 4 POP Begin:

POP End:

GRAND TOTAL _______________

B.4 DELIVERY

Department of Veterans Affairs John J Pershing VA Medical Center 1500 North Westwood Blvd Poplar Bluff, MO 63901

Department of Veterans Affairs Cape Girardeau CBOC 3051 William St.

Cape Girardeau, MO 63703

SECTION C - CONTRACT CLAUSES

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

FAR Number Title Date

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

JAN 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

JUL 2016

52.232-18 AVAILABILITY OF FUNDS APR 1984

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

DEC 2013

52.237-3 CONTINUITY OF SERVICES JAN 1991

C.2 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.