36C25520Q0626 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 74

36C25520Q0626 08-19-2020

Jim Lewis james.lewis114fbb@va.gov 913-946-1992 08-26-2020

4:00 PM

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

Leavenworth KS 66048

X 100

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

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

ITEM INFORMATION

B.4 DELIVERY SCHEDULE

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) ...35

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 52.212-3 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.

(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 20, 2020 and expire September 19, 2025.

B.2 STATEMENT OF REQUIREMENTS

Medical Gases and Gas Cylinders

1. SCOPE:

1.1. The purpose of this requirement is to establish a source supply of medical cylinder gases for John J Pershing VAMC, 1500 North Westwood Blvd, Poplar Bluff, Missouri, 63901.

The gases include, but are not limited to Compressed Medical Air USP, Oxygen USP, Carbon Dioxide USP, Liquid Nitrogen, Nitrogen NF, Nitrous Oxide USP, Helium USP, and other specialty medical gas mixtures listed in Attachment A (Schedule of Items per Station Usage). Through a bilateral modification, the Government may add new medical gasses or specialty mixtures based on advancement in technology during the specified period of performance. All contract terms and conditions shall remain the same and agreed upon rates of new medical gasses will be documented, signed and dated by the Contracting Officer (CO) and contractor.

1.2. Location/Facility Requirements: All supplies of medical cylinder gases shall be delivered to the John J Pershing VAMC. The amount of deliveries are included in Attachment A and the contractor must comply with amount of deliveries specified. The Contractor shall identify a distribution center and/or resources physically located within a 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 Attachment B, Schedule of Items, are estimates of the requirement. 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 with a ten (10) year base period. The period of performance shall be from June 26, 2020 through June 25, 2030. 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 names and contact information of the primary

Contracting Officer Representatives (CORs) within 20 days after award of the Contract for each 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); 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. GOVERNMENT-FURNISHED PROPERTY:

2.1. Government-owned medical gas cylinders and appurtenances shall be maintained by and at the expense of the Contractor in a manner that will ensure compliance with applicable regulations, and standards.

2.2. Government-owned medical gas cylinders and appurtenances that do not meet compliance requires the contractor to inform the COR. The COR will provide a disposition slip to the contractor to dispose of the specific government-owned medical gas cylinders at no cost to the government. Government owned property also includes abandoned medical gas cylinders from other vendors to be disposed at no cost to the government.

2.3. The contractor is required to pick up government-owned medical gas cylinders and appurtenances which 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.

2.4. An online tracking system of medical gas cylinders will be maintained by the contractor and access to the CORs will be provided for the station to review for auditing purposes, whenever needed. Included for online access, 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.

2.5. 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.

2.6. Daily delivery audits will be performed and if one for one matching is not accurate, missing cylinder quantities will be identified and documented on the electronic 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 and contractor is responsible to pay for lost government-owned medical gas cylinders and appurtenances using agreed upon rates identified on Attachment B, Schedule of Items.

3. CONTRACTOR-FURNISHED EQUIPMENT:

3.1. For this facility, as having contractor-owned cylinders, the Contractor shall scan and track each cylinder by a bar code label, serial number, unique item tracking numbers for cylinders or automated process available for COR to view electronic inventory online.

Contractor shall install and maintain cylinders with appropriate back-up systems, if applicable, with approval from the CO. 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.

3.2. All equipment and materials required to perform on the Contract (other than what is specifically listed in section 2, Government-Furnished Property) shall be provided by the Contractor. 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). 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. The station shall provide the Contractor reasonable access to the facility they are responsible for.

3.3.1 Stations have a right to refuse cylinders that do not meet applicable regulations and standards. Contractor shall legibly document, date and sign a written or online delivery issues and include images of the number of cylinders rejected. The contractor must replace rejected cylinders in 24 hours at no cost to the government.

3.3. Unless otherwise directed by the ordering facility, contractor-owned equipment shall be installed by the effective date of the Contract and shall be connected to the medical gas system on that date; provided: that the Contractor shall be allowed a maximum of ninety

(90) 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.

3.4. Each ordering facility that requires installation of contractor-owned equipment shall provide a suitable location and foundation for the installation of the contractor-owned cylinder(s) in accordance with Current Good Manufacturing Practices (CGMP) standards. 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 equipment to the facility-maintained medical gas manifolds.

3.5. An online tracking system of medical gas cylinders will be maintained by the contractor and access to the CORs will be provided for each station to review for auditing purposes.

Included for online electronic access, 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.

3.6. Transition Period/Installation of Contractor-Furnished Equipment

3.6.1. 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 ninety days (90 days beyond the scheduled expiration of the contract period), unless transition from one contractor to another is completed prior to the 90th 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. The Contractor shall submit an implementation plan with proposal that must meet the installation period.

3.6.2. Phase In: The billing period shall begin on the noted transition date. 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.

3.6.3. 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 ninety (90) days from date of contract expiration. If additional transition time is required beyond contract expiration, a separate delivery 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.

3.6.4. 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 Attachment B, Schedule of Items, at each participating ordering facility. 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 90 days transition period. Reconciliation process will be negotiated between the CO and the contractor.

3.6.5. The Contractor forfeits all claims if transition phase out is not completed during the transition period.

4. MEDICAL GAS SPECIFICATION AND REQUIREMENTS:

4.1. 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 performance of the contract. All products, equipment and services provided under this Contract shall follow all applicable Federal, State and Local regulations.

4.1.1. A valid Certificate of Analysis shall be provided with each delivery of medical gases. The certificate shall include, at a minimum:

a) Supplier’s name and complete address

b) Name of the Product

c) An Air Liquefaction Statement where appropriate

d) Lot number or other unique identification number

e) Actual analytical results for full U.S.P. monograph testing. (A statement that only states that the product meets the minimum purity of 99.5%, is not acceptable.)

f) Test method used to perform the analysis. (A statement such as “Meets U.S.P.

specifications” is not acceptable; nor would “Tested via Servomex” be acceptable since the specific model number is not provided.)

g) Signature of authorized supplier representative and date.

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

a. BB-A-1034B, FEDERAL SPECIFICATION: COMPRESSED AIR, BREATHING (20 DEC 1985) http://everyspec.com/FED_SPECS/B/BB-A-1034B_9157/

b. BB-C-101D, FEDERAL SPECIFICATION: CARBON DIOXIDE (CO2): TECHNICAL AND USP (07 MAR 2011) http://everyspec.com/FED_SPECS/B/BB-C-101D_31791/

c. 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.

http://everyspec.com/FED_SPECS/B/BB-A-1034B_9157/ http://everyspec.com/FED_SPECS/B/BB-C-101D_31791/ http://www.cganet.com/ http://www.cganet.com/

4.3. 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.

4.4. 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.

4.5. All contractor-owned equipment shall be maintained or repaired in accordance with FDA’s

CGMP Regulations.

5.0. DELIVERY ORDER CONFIRMATION:

5.1. Delivery Order Processing Methods: Participating ordering facility will process orders through the Contractor’s web portal or online electronic ordering system. There shall be no limit on the number of orders placed by the facility in a day, but Contractors shall be responsible for consolidating the orders for a single delivery by a specified agreed upon time for the next scheduled delivery date.

5.2 Contractors shall have the technical capability to work and train when the VA requests the need at no additional cost to the VA. The VA must be proficient to adapt to any new system specifications required to accept electronic orders from the VA. All filled, unfilled or partially filled delivery order line items for the medical gas supplies shall be listed on the order. All orders are approved by the COR or pre-determined designated POC (Point of Contact).

Order confirmations shall be sent through electronic ordering system if both parties agree. All confirmation responses will be processed in the same day as the orders are submitted and include at the minimum the following information:

Company Name

Contract Number

Facility Name

Facility Delivery Order Number

Federal Government Product Contractor Item Number

National Item File Number/GTIN/HIBCC/ISBT 128 standard identification number Manufacturer’s part number

Item Description

Unit of Purchase

Quantity Ordered

Quantity Confirmed

Status of Non-Confirmed Line Item(s)/Quantities

Line Item Unit of Purchase Price

Line Item Total Cost

Total Cost of Order

Identification of Cancelled Order

5.3 Confirmation Content: The Contractor must respond to the facility by email within twenty-four (24) hours after receipt of order for non-emergency deliveries. If delivery requests are placed on Fridays, the delivery confirmation shall be the following Monday. If the following Monday falls on a government holiday, then the delivery confirmation shall be Tuesday (the day following government holiday). The Contractor must respond to the ordering facility by email within one hour to confirm receipt of emergency notification to ascertain the nature of the emergency. Contractors shall be able to print the confirmation.

6. DELIVERY REQUIREMENTS:

6.1. 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.

6.2. Backorder Notification shall provide to the facility COR or designated POC of the affected 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 highlighted in Attachment B Schedule of Items.

Each week the back order is not filled, a status update must be provided to the COR or designated POC.

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

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

6.5. A contractor’s “fill rate” can be defined as the number of cylinders on the order form compared to the number of cylinders on the electronic delivery slip of the approved delivery date. The Contractor shall have a fill rate of 95% or greater for each recurring medical gas delivery order. This will be measured monthly against the invoice and used as a performance measurement.

6.6. 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.

6.7. 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 electronic delivery slip shall be signed by both the facility POC and delivery driver. This information will be given to the COR.

6.8. 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 electronic delivery slip shall be signed by both the facility POC and delivery driver. This information will be given to the COR.

6.9. The delivery time shall be Monday – Friday, between the hours of 8:00am – 4:00pm Local

Standard Time, excluding federal holidays. The Contractor shall deliver medical gases within the time frame specified in the schedule for each facility. The time frame identified may be either the number of calendar days after receipt of the Government’s order, a specific day of the week for delivery, a specific time interval between deliveries, a specified reorder point, or other specified ordering and delivery methods. The Contractor and ordering facility COR shall mutually agree on a delivery time and date for non-emergency deliveries and all deliveries shall be coordinated with the facility POC.

6.10. 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.

6.11. 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.

7. NON-REPAIRABLE GOVERNMENT PROPERTY:

7.1. Prior to disposing of non-repairable government-owned cylinders, parts, fittings, and appurtenances, the Contractor shall contact the ordering facility COR. The Contractor shall also list reason for disposition.

7.2. The Contractor shall not charge any additional fees for the return of non-repairable cylinders to the ordering facility.

8. CYLINDERS AND ASSOCIATED COMPONENTS:

8.1. 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:

8.2. 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.

8.3. 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/

8.4. 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/

8.5. 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, 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/

8.6. Hydrostatic Testing:

8.6.1. 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.

8.6.2. 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.

8.6.3. 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/

8.6.4. 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/

8.6. 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.

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

230 LT

Nitrogen (on wheels)

26” 57”

100 LT

Helium

24” 59”

8.6.1. 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.

8.7. 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.

9. PRICE OF SERVICES FOR GOVERNMENT-OWNED AND CONTRACTOR OWNED

CYLINDERS:

9.1. 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 and government-owned cylinders.

9.2. The Contractor shall ensure all cylinders are clean, free from dirt/rust, and in acceptable use for both inpatient/outpatient Health Care Environments. It is the respective ordering facility’s responsibility to tag contractor-owned cylinders by the internal VA user; i.e. cylinders charged against the balances of user entities must be tagged “HOSPITAL, RESEARCH,” or “NURSING HOME” to ensure proper inventory control and annotation on daily delivery orders to ensure VA entities maintain accountability between separate VA user accounts.

10. MEASUREMENT AND CONVERSION COMPUTATION, ATMOSPHERIC GASES

AND HYDROGEN:

10.1. 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/

11. MONTHLY RENTAL OF CONTRACTOR-OWNED CYLINDERS:

11.1. 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

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

11.2. Lost or Damaged Contractor-Owned Cylinders: During annual audits, cylinders that are unaccounted for, will be reconciled during that same fiscal year. For each contractor-owned cylinder, lost or damaged beyond repair while in the Government’s possession, the Government shall pay the Contractor a pre-negotiated fee (See Attachment B, Schedule of Items). The Contractor shall submit a list of replacement costs for all individual lost or damaged cylinders in Attachment B. These cylinders shall become government property. If a lost cylinder is found within one year and returned to the Contractor after the Government has paid the Contractor the lost fee, the Contractor shall credit the Government the lost fee by check. Loss of usage must not commence prior to 60 days of notification of any such loss or damage. Contractor must provide unique item tracking numbers for cylinders to assist in locating lost cylinders that may have been returned from another location. Annual inventory audits require one day and vendor representative per 100,000 sq. ft of each main hospital.

Information per hospital sq. ft located on Attachment A (Facility Locations).

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12. ELECTRONIC DELIVERY SLIP:

12.1. Each delivery should contain an electronic delivery slip the following information:

printed name of delivery driver, printed name of facility recipient, contract number, delivery order number, date of order, date delivered, item number and/or product identification number, the number of cylinders at the facility prior to delivery, the number of cylinders being delivered, the number of cylinders being picked-up, and the number of cylinders at the facility after the delivery has been made.

13. CONDUCT OF CONTRACTOR PERSONNEL:

13.1. 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.

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

14. REVIEWS:

14.1. 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 electronic delivery slip with the Contractor. An inventory report will be provided to the COR, CO and FCLO.

15. ORDERING, INVOICE AND PAYMENT

15.1 After deliveries are made, a monthly invoice must match and include the legible signed and dated written document that identifies the actual number of deliveries and pickups from signed receiving reports of all quantities. The rental rates and actual number of medical cylinders based on size, must match the delta (the difference between deliveries and pickup) on the invoice report.

15.2 The 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:

Company Name:

Address:

Phone No.:

Fax No.:

Contact Name:

Email:

15.3 The COR or alternate shall provide a list of authorized staff to submit delivery requests to the awardee. All delivery requests are to include the signature of the COR or alternate before orders are placed. Delivery requests that are placed without the CORs authorization are not allowed and the vendor shall decline the request as the delivery order will not be certified correctly. The CO can appoint Ordering Officers (OO) on this Contract. If OOs are appointed by the Contracting Officer to make delivery requests, then the Contractor shall approve all requests within each OO’s dollar threshold.

15.4 The COR may request a spreadsheet to review prior to the Contractor’s submission of invoice or certification of invoice. The spreadsheet is to reflect all the weekly orders delivered, weekly orders picked up, emergency fees and weekly rental fees.

15.5 No advance payments shall be authorized, and no purchase card orders will be allowed unless authorized by the CO. Payments shall be made monthly for product(s) provided during the billing month in arrears in accordance with FAR 52.212-4, paragraph (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.

16. BEST VALUE INNOVATIVE OPTIONS REGARDING FEES

Understanding the industry standard of expected loss is approximately 5%.

Understanding this loss, the expectation is the leasing of a new cylinder is paid by over the performance of the contract. This means the value stays the same every year and is broken down monthly.

16.1 Every quarter each station will complete an internal audit to pay for a discovered loss to resolve and reconcile with a purchase card payment. This is used to reduce the cost of lost cylinders during annual audits. Leasing fees are to be managed separately from the annual increases of medical gasses. The value of the lease is not to increase but decreases.

17. Emergency Supply Support

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 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.

18 On Site Service Representative The job description for the onsite service representative is to be accountable for each contractor owned medical gas cylinder delivered to the facility. The expectation is to guarantee no loss of cylinder outside the expected industry standard loss. The site representative is required to scan, track and ascertain the location of every medical gas cylinder on the VA premises. Position description also includes delivering medical gas cylinders to the predetermined areas and pick up empty medical gas cylinders to reflect where loss may have occurred. Train staff as needed on proper procedure to use medical gas cylinders and install on manifold as needed. Provide information to COR to address continuous loss of cylinders at a specific location on VA premises to address with the service. Recommend quantity orders to COR to process and assist in validating quantity of orders at delivery. All delivery slips to be signed by COR or designated POC, but ensure COR has each delivery slip. Work with COR to validate quantities between VA spreadsheet and vendor spreadsheet. Assist COR on streamlining processes and working with other site reps to provide additional ideas.

The site representative may be required to travel, or audit as needed based on CORs recommendation to CBOCS or other locations listed under the main hospital per contractual agreement. The site representative requires a vendor on site background check.

(END OF SOR)

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

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

1.00 EA _______________

REFILL ON AIR COMPRESSED E TANK

Contract Period: Base

VALUE REPLACEMENT

Contract Period: Base

TEST,HYDROSTATIC

Contract Period: Base POP Begin:

POP End:

LOCAL STOCK NUMBER: RETEST

DEMURRAGE-H-CYLINDER-TANKS

Contract Period: Option 1 POP Begin:

POP End:

OXYGEN-E-TANK-REFILL

Contract Period: Option 1 POP Begin:

GAS,LIQUID NITROGEN,MEDICAL,BULK

Contract Period: Option 1 POP Begin:

POP End:

CO2-SIZE-E

Contract Period: Option 1 POP Begin:

REFIL OXYGEN D CYLINDER

Contract Period: Option 1

REFILL H TANKS 10

Contract Period: Option 1

REFILL ON AIR COMPRESSED E TANK

Contract Period: Option 1

VALUE REPLACEMENT

Contract Period: Option 1

TEST,HYDROSTATIC

Contract Period: Option 1 POP Begin:

POP End:

DEMURRAGE-H-CYLINDER-TANKS

Contract Period: Option 2 POP Begin:

POP End:

OXYGEN-E-TANK-REFILL

Contract Period: Option 2 POP Begin:

GAS,LIQUID NITROGEN,MEDICAL,BULK

Contract Period: Option 2 POP Begin:

POP End:

CO2-SIZE-E

Contract Period: Option 2 POP Begin:

REFIL OXYGEN D CYLINDER

Contract Period: Option 2

REFILL H TANKS 10

Contract Period: Option 2

REFILL ON AIR COMPRESSED E TANK

Contract Period: Option 2

VALUE REPLACEMENT

Contract Period: Option 2

TEST,HYDROSTATIC

Contract Period: Option 2 POP Begin:

POP End:

DEMURRAGE-H-CYLINDER-TANKS

Contract Period: Option 3 POP Begin:

POP End:

OXYGEN-E-TANK-REFILL

Contract Period: Option 3 POP Begin:

GAS,LIQUID NITROGEN,MEDICAL,BULK

Contract Period: Option 3 POP Begin:

POP End:

CO2-SIZE-E

Contract Period: Option 3 POP Begin:

REFIL OXYGEN D CYLINDER

Contract Period: Option 3

REFILL H TANKS 10

Contract Period: Option 3

REFILL ON AIR COMPRESSED E TANK

Contract Period: Option 3

VALUE REPLACEMENT

Contract Period: Option 3

TEST,HYDROSTATIC

Contract Period: Option 3 POP Begin:

POP End:

DEMURRAGE-H-CYLINDER-TANKS

Contract Period: Option 4 POP Begin:

POP End:

OXYGEN-E-TANK-REFILL

Contract Period: Option 4 POP Begin:

GAS,LIQUID NITROGEN,MEDICAL,BULK

Contract Period: Option 4 POP Begin:

CO2-SIZE-E

Contract Period: Option 4 POP Begin:

REFIL OXYGEN D CYLINDER

Contract Period: Option 4

REFILL H TANKS 10

Contract Period: Option 4

REFILL ON AIR COMPRESSED E TANK

Contract Period: Option 4

VALUE REPLACEMENT

Contract Period: Option 4

TEST,HYDROSTATIC

Contract Period: Option 4 POP Begin:

POP End:

GRAND TOTAL _______________

B.4 DELIVERY SCHEDULE

Department of Veterans Affairs

John J Pershing VA Medical Center

Poplar Bluff, MO 63901

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).