36C25723Q1136 0002.pdf

5. PROJECT NUMBER (if applicable)

CODE 7. ADMINISTERED BY

2. AMENDMENT/MODIFICATION NUMBER

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NUMBER 3. EFFECTIVE DATE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED

PAGE OF PAGES

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED

BPA NO. 1. CONTRACT ID CODE

FACILITY CODE CODE

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

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

E. IMPORTANT:

is extended,

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

12. ACCOUNTING AND APPROPRIATION DATA

(REV. 11/2016)

is required to sign this document and return ___________ copies to the issuing office. is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

15C. DATE SIGNED

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

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

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

D. OTHER

Contractor

16C. DATE SIGNED

14. DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED STATES OF AMERICA

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

15A. NAME AND TITLE OF SIGNER 16A. NAME AND TITLE OF CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

STANDARD FORM 30 PREVIOUS EDITION NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.243

(Type or print) (Type or print)

(Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(Number, street, county, State and ZIP Code)

(If other than Item 6)

(Specify type of modification and authority)

(such as changes in paying office, appropriation date, etc.)

(If required)

(SEE ITEM 11)

(SEE ITEM 13)

(X)

CHECK

ONE

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

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

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

1 20

10-10-2023

36C257

Department Of Veterans Affairs Network Contracting Office 17

5441 Babcock Road Ste. 302 San Antonio TX 78240

36C257

Department Of Veterans Affairs Network Contracting Office 17

5441 Babcock Road Ste. 302 San Antonio TX 78240

To all Offerors/Bidders

36C25723Q1136

10-03-2023

X

X X

** HOUR & DATE for Receipt of Offers is EXTENDED to: 10/13/2023 at 2:00PM CDT.

See CONTINUATION Page

X 1

The purpose of this Amendment is to:

1. Extend solicitation 36C25723Q1136 due date from 10/12/2023 at 12PM CDT to 10/13/2023 at 2PM CDT.

2. Disseminate the Questions and Answers. Please see the continuation sheet.

3. To provide a revised SOW with clinic delivery addresses. Please see the continuation sheet.

4. To change LIN 0001, 0002, 0004, 0006, 0007, 0008, 0011, 0012, 0013, and 0014 Unit from "EA" to "CY."

5. To change LIN 0007 from 50LBs to 56LBs.

Shannon Hodgson Contracting Officer

CONTINUATION PAGE

A.1 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

6,220.00 CY __________________ __________________

OXYGEN COMPRESSED E CYLINDER WALK ABOUT. The contractor shall provide refilling of government-owned cylinders/bottled gasses on as as called basis for CTVHCS to include Temple, Waco, Austin Clinics. QTYS

LISTED ARE ESTIMATES ONLY OF AMOUNTS NEEDED BASED ON

PAST USAGE.

Contract Period: Base POP Begin: 02-01-2024 POP End: 01-31-2025 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6830 - Gases: Compressed and Liquefied

300.00 CY __________________ __________________

NITROGEN COMPRESSED, 2.2 NITROGEN NFK

Contract Period: Base POP Begin: 02-01-2024 POP End: 01-31-2025

250.00 LI __________________ __________________

REFILL NITROGEN, REFRIG LIQ NF 50LTR

Contract Period: Base POP Begin: 02-01-2024 POP End: 01-31-2025

150.00 CY __________________ __________________

NITROGEN COMPRESSED 2.2 NTG 40

Contract Period: Base POP Begin: 02-01-2024 POP End: 01-31-2025

150.00 CY __________________ __________________

CARBON DIOXIDE 2.2 NON FLAM GAS

Contract Period: Base POP Begin: 02-01-2024 POP End: 01-31-2025

96.00 CY __________________ __________________

NITROUS OXIDE 20LB COC

Contract Period: Base POP Begin: 02-01-2024 POP End: 01-31-2025

60.00 CY __________________ __________________

NITROUS OXIDE 56LB COC

Contract Period: Base POP Begin: 02-01-2024 POP End: 01-31-2025

140.00 CY __________________ __________________

NITROUS OXIDE E CYL

Contract Period: Base POP Begin: 02-01-2024 POP End: 01-31-2025

550.00 CY __________________ __________________

Rental "H" Cylinder Oxygen THIS IS ANTICIPATED ORDER OF

CYLINDERS THAT WILL BE RENTED AS NEEDED

Contract Period: Base POP Begin: 02-01-2024

80.00 EA __________________ __________________

RENTAL "H" CYLINDER MEDICAL AIR THIS IS ANTICIPATED

ORDER OF CYLINDERS THAT WILL BE RENTED AS NEEDED

Contract Period: Base POP Begin: 02-01-2024 POP End: 01-31-2025

400.00 CY __________________ __________________

OXYGEN E-CYLINDER PULMONARY SECTION

Contract Period: Base POP Begin: 02-01-2024 POP End: 01-31-2025

75.00 CY __________________ __________________

LUNG DIFFUSION E CYLINDER PULMONARY SECTION ESTIMATED

REFILLS PER YEAR

Contract Period: Base POP Begin: 02-01-2024 POP End: 01-31-2025

225.00 CY __________________ __________________

OXYGEN K CYLINDER PULMONARY SECTION ESTIMATED REFILLS

PER YEAR

Contract Period: Base POP Begin: 02-01-2024 POP End: 01-31-2025

100.00 CY __________________ __________________

NITROGEN 25LD ESTIMATED REFILLS PER YEAR

Contract Period: Base POP Begin: 02-01-2024

1.00 EA __________________ __________________

EMERGENCY DELIVERY FEE

Contract Period: Base POP Begin: 02-01-2024 POP End: 01-31-2025 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

LOCAL STOCK NUMBER: SECEXPEDITE

2.00 EA __________________ __________________

Hydrostatic Testing of GFE Contract Period: Base POP Begin: 02-01-2024 POP End: 01-31-2025 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

LOCAL STOCK NUMBER: CYMRETESTMED

30.00 CY __________________ __________________

Carbon Dioxide 2.2 Non Flam Gas Grade A Contract Period: Base POP Begin: 02-01-2024 POP End: 01-31-2025

60.00 CY __________________ __________________

REFILL NITROGEN, REFRIG LIQ NF 20LTR

Contract Period: Base POP Begin: 02-01-2024 POP End: 01-31-2025 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

LOCAL STOCK NUMBER: NI GMPDEWARFILL20L

5.00 CY __________________ __________________

Argon Compressed Argon Grade Ultra High Purity Contract Period: Base POP Begin: 02-01-2024

855.00 CY __________________ __________________

Monthly Cylinder Rental - Gas Cylinders other than sizes A,B,C,D,& E Charged Monthly Contract Period: Base POP Begin: 02-01-2024 POP End: 01-31-2025

900.00 CY __________________ __________________

Monthly Cylinder Rental - Gas Cylinders sizes A,B,C,D,& E Charged Monthly Contract Period: Base POP Begin: 02-01-2024 POP End: 01-31-2025

6,350.00 CY __________________ __________________

MONTHLY CYLINDER RENTAL - WALK O2 ABOUTS WITH DISS

Contract Period: Base POP Begin: 02-01-2024 POP End: 01-31-2025

0.00 CY __________________ __________________

Loss of Use (LOU) Contract Period: Base POP Begin: 02-01-2024 POP End: 01-31-2025

GRAND TOTAL __________________

QUESTION AND ANSWERS:

1. Page 6 asks for monthly rental pricing on all Airgas specific part numbers. Page 13 Item # 0001 ask specifically for pricing of refilling the Airgas walk about. OXYGEN COMPRESSED E CYLINDER WALK ABOUT. The contractor shall provide refilling of government-owned cylinders/bottled gasses on as called basis for CTVHCS to include Temple, Waco. Can you please give clarification on if the request is for both rent and monthly fills for Item # 0001

ANSWER: Both

2. Can you Please confirm that you are requesting a quote for renting all cylinders and liquid Dewars? If not, can you, please Identify the government owned cylinders/Dewars that only need to be filled and then refilled on a monthly bases.

ANSWER: Please provide a quote for renting of all cylinders. Dewars will only need to be filled as needed.

3. Line item 11 for Lung Diffusion mixture. The description or part # does not tell the percentages and gases for this lung diffusion gas. They can be different so can you please give clarification.

ANSWER: 0.3% carbon monoxide, 10% helium, 21% oxygen balanced with nitrogen.

4. We see a yearly usage stated in the RFQ. In order to provide a competitive quote can the government provide a monthly usage?

ANSWER: The QTY’s are estimates as stated in the SOW.

5. Page 14 Item # 2 – Does not list size. Assuming is a 200cf cylinder NF grade

ANSWER: Size 200 High Pressure Industrial Cylinder Medical NF

6. Page 14 Item #4 – Does not list size. Assuming it is a 40cf cylinder and not NF grade based on part#

ANSWER: Size 300 High Pressure Industrial Cylinder Medical NF

7. Page 14 Item #5 – Does not list size. Assuming a 50# cylinder and it is medical grade or just standard

CO2

ANSWER: E Medical Steel HP USP Medical

8. Page 16 Item # 12 – Need specific lung diffusion mixture required (as in previous request)

ANSWER: 0.3% carbon monoxide, 10% helium, 21% oxygen balanced with nitrogen.

9. Page 17 Item #17 – Does not list size. Appears to be the same as Page 14 Item #5 (need to know what each of these are in size and grade of product)

ANSWER: Size E Medical Grade Carbon Dioxide, 50 Pound High Pressure Steel Cylinder, CGA 320 Washer

1. Please confirm the complete list of facilities requiring direct delivery on this contract as PG 8 of 75 only lists the VAMC Temple under “POC & Delivery Address” yet CLIN 0001 lists “Temple, Waco, Austin & the CBOC” however there are (9) CBOCs in total in the Central TX VA HCS.

ANSWER: Delivery addresses updated on the SOW in Section 5.

2. Price/Cost Schedule/CLINs (PG 13-18 of 75):

The following CLINs should have a Unit of “CY” not “EA” as this is the appropriate Unit for Cylinder Gas Fills and for consistency with other Gas Fill CLINs:

1) CLIN 0001

2) CLIN 0002

3) CLIN 0004

4) CLIN 0006

5) CLIN 0007

6) CLIN 0008

7) CLIN 0011

8) CLIN 0012

9) CLIN 0013

10) CLIN 0014

ANSWER: This will be corrected

CLIN 0003: Confirm if the VA wants this priced per Dewar Fill (CY) or per Liter (LI) as

0003 requests per liter yet CLINs 0014 (25L) & 0018 (20L) are for the full Dewar fill?

Also, CLINs 0014 & 0018 should also have a Unit of “CY”

ANSWER: Per Liter

3. Attachment D.1 Loss of Use Pricing

Is there a reason the CLIN descriptions in the RFQ don’t match Gas List on PGs 6-7 of 75 or Attachment D.1 LOU Price List?

For Example:

o Item 0002 (OX USPEAWB) on PG 6 of 75 is not included in the CLIN List ANSWER: This is listed on CLIN 0022 o Item 0008 (NS USP56) on PG 6 of 75 states 56LBs but CLIN 0007 states 50LBs ANSWER: Corrected.

Please confirm if the Liquid Nitrogen Dewars (20L/25L/50L) are VA Owned? If so, there would be no reason to have these included in the Loss of Use pricing.

ANSWER: The are VA owned.

What is the purpose of having the Monthly Rental Grouping CLINs included in the Loss of Use Price Schedule?

ANSWER: The cylinder sizes are different.

4. Is there a specific purpose for Rental CLINs 0009 & 0010 (Oxygen Size H & Air Size H respectively) as these would both fall under Rental CLIN 0020 (Gas Cylinders other than sizes A,B,C,D,&E)? CLINs 0009 & 0010 appear to be redundant.

ANSWER: These are listed separately for pricing purposes.

5. What is the purpose of only soliciting this requirement for only 1-Year? Does this timeline correlate with the WSNC BPA due in the next year meaning the Central TX VA HCS will be participating in the WSNC BPA?

ANSWER: The VA is requesting a 1-year contract at this time.

6. How many GFE Cylinders does the VA have on its property books by CLIN? The Description of CLIN 0001 states that the Contractor is required to fill GFE Cylinders (included in the Walkabout Fill CLIN description) however it is highly nonstandard that a VA would own an Airgas-specific integrated valve cylinder. Will the VA please add separate fill CLINs for each unique GFE Cylinder that it owns once identified? This will be a much more efficient monitoring system to track cylinder counts through the month.

ANSWER: Dewars (10) and Propane Tanks (10)

7. PG 8 of 75: “Vendor shall provide unscheduled maintenance (called upon to repair/fix any faulty equipment being rented despite the vendor having any schedule for their equipment maintenance if they have one).” Can the GOV please provide examples of “unscheduled maintenance” as this language reads more like a Bulk Oxygen requirement and not a cylinder one? If there is any issue with a cylinder, the primer contractor will coordinate with the facility POCs to rectify the issue (usually means replacing the cylinder)

ANSWER: The vendor could be called upon to repair/fix any faulty equipment being rented despite the vendor having any schedule for their equipment maintenance if they have one.

8. PG 6 of 75: “All products, equipment, and services provided under this solicitation and contract award shall be in compliance with all applicable Federal, state, and local regulations.” The RFQ clearly states the requirement in the State of Texas to distribute Medical Grade Oxygen.

The State of TX Department of Health Services requires the Contractor (in this case the PRIME SDVOB Contractor) to be licensed/registered as a Prescription Drug Wholesale Distributor with the State (Medical Grade Oxygen is a prescription drug), -- because the PRIME SDVOB meets the state of Texas definition of a (being) a Prescription Drug Wholesale Distributor (in the state) AND -- as the SDVOB is the Contract holder and, the accountable entity to the GOV – requires licensing. How is the GOV ensuring compliance with this? Please confirm that the Prime Contractor must be licensed (in the name of the Prime Contractor Wholesale Distributor) -- to distribute Medical Gases for Human Consumption by state of TX.

Based on Texas Statute -- this requirement cannot be delegated to a SUB CONTRACTOR – regardless of an NMR for NAICS 325120.

The awardee is the accountable entity to the GOV, not the sub, hence, if for instance there was any contamination of Gas, it is the Prime SDVOB contractor’s responsibility. Medical Gas is classified by the FDA as a Prescription Drug (Pharmaceutical), and given the RFQ, the only unlicensed entity in the Pharmaceutical Chain of Custody, could be the Awardee/Contract holder (the accountable entity to the GOV).

Additionally, the Licensing requirement is directly linked to the GOV’s required affirmations found in VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING-- CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS requiring Offerors to certify in writing that they take ownership or possession of the item (on PGs 33-35 of 75 in the RFQ – restated, which requires licensing in the State of Texas). Being Evaluation is LPTA, if an SDVOB Offeror/Prime Contractor is not licensed in the state of TX then they are not Technically Acceptable.

Licensing within the VA Procurement System, is an unusually contentious issue? The State Statutes are clear, and in the State of Texas specifically in the Federal VA Contracting arena when it comes to Prime Contractors resale/wholesale/distribution of medical grade compressed gas. The argument against the state’s firm licensing requirement on other Medical Gas RFQs has been (2) case law citations from 1997 (The Ensign-Bickford Co; Case B-274904.4) & 2008 (Advant-EDGE Solutions, Inc. Case B- 400367.2), which both address licensing in regards to disposal of Medical Waste. In those cases, it was ruled the Prime Contractor could use their subcontractor’s license however Medical Waste and Medical Gas are by no means the same product or function. Medical Gas (Oxygen) is prescribed by a physician and ingested by the patient while Medical Waste is neither, so this case law is really not applicable or relevant. Additionally, in those cases the contractors did not certify that they took ownership or possession of the biomedical waste at issue in those cases.

Per Texas Administrative Code Title 25 Part 1 Chapter 229 Subchapter W Rule 229.424 Licensure Requirements (a) (b):

Please see the Attached “”LAWS TO REGS – VA IMPLEMENTS LEGISLATION TARGETING VOSB PASS THROUGHS… the Certificate of Compliance VAAR

852.219-76 is a result of this legislation – “targeting” firms that DO NOT meet Limitations on Subcontracting (showing the capability and capacity to the Contracting Authority that they can perform in excess of 50% of the Contract Costs billed AND taking ownership/possession of the product (delivered on the Prime’s behalf) – affirming both in the Certificate of Compliance – and restated, “taking ownership” directly relates to being licensed to legally distribute a prescription drug.

Lastly, if required to be licensed to distribute a prescription drug, delivered on the Offerors behalf, surely the Offeror must be insured to do this on a GOV installation.

ANSWER: ANSWER: Licensing requirements may be met through a offerors subcontractor as supported by case law. This ability for the Government to consider the license of a subcontractor is consistent with GAO decisions on this topic.

9. What is the GOV’s rationale for evaluating Solely on Lowest Priced Technically Acceptable for the critical function of Medical Grade Oxygen (a prescription drug) for a Veterans Medical Healthcare System? Recommend Evaluating via “Best Value” to ensure the VA receives the best possible offer/service and not just to the offeror with the lowest price who meets the minimum technical requirement.

ANSWER: In accordance with FAR 15.101-2, the Government has a high degree of confidence that reviewing the technical proposals of all offerors would not result in the identification of characteristics that would provide value or benefit to the agency. Therefore, LPTA is appropriate.

10. There is no mention of a requirement of the offeror for General Liability Insurance (standard language in Medical Gas Contracts). How is the GOV going to discern that the offeror is properly insured for NAICS 325120 – the actual requirement for this work to comply with the RFQ and not just by a dollar threshold? This is important because there are very few underwriters that will insure small businesses for compressed gases – hence the GOV’s can assure the offeror is be adequately covered if the Insurance Certificate lists the applicable NAICS. Often Small Business carry General Liability Insurance but if those firms are not insured specific to 325120 then there is a great level of risk of hiring a firm that is not adequately covered if something occurs during the life of the contract.

ANSWER: All products, equipment, and services provided under this solicitation and contract award shall be in compliance with all applicable Federal, state, and local regulations per the

SOW.

11. Why is Past Performance not a separate evaluation metric? How will the evaluation team verify offerors are technically capable to meet the contract requirements with industry experience?

ANSWER: ANSWER: Past performance was not included as an evaluation metric. The evaluation team will determine technical acceptability based on the RFQ and this amendment.

*Past performance is not a separate evaluation factor for this procurement. Past performance will be reviewed as part of the Contracting Officer’s responsibility determination prior to contract award in accordance with FAR Part 9.104-1.

STATEMENT OF WORK

Central Texas Veterans Affairs Health Care Systems (CTXVHCS) Medical Cylinders and Gases

Statement of Work

1. SCOPE OF WORK

1.1 The purpose of this Statement of work is to provide medical cylinder gases for the Central Texas VA Health Care System (CTXVHCS) and clinics (See Section 5, below). This requirement is for a 12-month period of performance. All medical gases shall conform to specifications prescribed in the United States Pharmacopeia and the National Formulary. All medical gas manufacturers/fillers of medical gases shall be registered with the FDA and all medical gases shall be manufactured, processed, packed, transported, and stored according to the FDA’s Current Good Manufacturing Practice (CGMP) regulations and Title 21, Code of Federal Regulations, Parts 210, 211 and 201 for labeling.

Base 02/1/2024 – 01/31/2025

In addition, the following specifications are incorporated into the solicitation:

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

b. Compressed Gas Association (CGA) Publications G-7 – Compressed Air for Human Respiration, dated May 2008, and ANSI/CGA G-7.1 – Commodity Specification for Air, dated October 2011.

All products, equipment, and services provided under this solicitation and contract award shall be in compliance with all applicable Federal, state, and local regulations.

1.2 There is no express or implied guarantee that these quantities will be purchased.

2. MONTHLY RENTAL OF CONTRACTOR OWNED CYLINDERS

2.1 Estimated quantities per year based on gas and bottle.

CLIN AIRGAS PART # PRODUCT QTY UNIT

0001 OX USPEAWBDS

COMPRESSED OXYGEN E

CYLINDER WALK ABOUT 6220 CY

0002 OX USPEAWB

OXYGEN COMPRESSED E-

CYLINDER WALK-ABOUT WITH

DISS 6350 CY

0003 NI NF200

NITROGEN COMPRESSED 2.2

NITROGEN NFK (H CYL) 300 CY

0004 NI GMPDEWARFILL50L

REFILL, NITROGEN, REFRIG LIQ

NF 50LTR 250 CY

0005 NI UHP300

NITROGEN COMPRESSED, 2.2

NITROGEN GRADE ULTRA HIGH

PURITY (T CYL) 150 CY

0006 CD USPE

CARBON DIOXIDE 2.2 NON FLAM

GAS 150 CY

0007 NS USP20 NITROUS OXIDE 20LB COC 96 CY

0008 NS USP56 NITROUS OXIDE, 56LB COC 60 CY

0009 NS USPEA NITROUS OXIDE, SIZE E CYL 140 CY

0010 OX USPEA

OXYGEN E-CYLINDER

(PULMONARY SECTION) 400 CY

0011 Z04NI7852003060

LUNG DIFFUSION E-CYLINDER

(PULMONARY SECTION

ESTIMATED REFILLS PER YEAR) 75 CY

0012 OX USP200

OXYGEN K CYLINDER

(PULMONARY SECTION

ESTIMATED REFILLS PER YEAR) 225 CY

0013 NI GMPDEWARFILL25L

REFILL, NITROGEN, REFRIG LIQ

NF 25LTR 100 CY

0014 NI GMPDEWARFILL20L

REFILL, NITROGEN, REFRIG LIQ

NF 20LTR 60 CY

0015 CD USP50

CARBON DIOXIDE 2.2 NON FLAM

GAS GRADE A (SIZE H CYL) 30 CY

0016 AR UHP35

ARGON COMPRESSED, ARGON

GRADE ULTRA HIGH PURITY) 5 CY

MONTHLY CYLINDER RENTAL-

GAS SIZES A, B,C,D &E 900 CY

MONTHLY CYLINDERS RENTAL-

GAS OTHER THAN SIZES A,B,C,D

&E 855 CY

0019 Emergency Delivery Fee 1 MO

0020 Hydrostatic Testing of GFE 2 EA

3. DELIVERY REQUIREMENTS

All transportation charges for cylinders shall be included in the price of the gas. Additional charges such as delivery fees, hazardous materials fees, fuel surcharges, etc. shall NOT be billed to or collected from the facilities for orders received under this contract.

3.1 Safety Data Sheets shall be provided to the facility POC upon request at no additional charge.

4. NON-REPAIRABLE GOVERNMENT PROPERTY

4.1 Prior to disposing of non-repairable government-owned cylinders, parts, fittings, and appurtenances, the Contractor shall contact the ordering (owning) activity. The contractor shall make disposition in accordance with the ordering activity’s instructions.

4.2 Contractors shall be paid for all services performed and authorized by the ordering activity, up to the determination that a cylinder is non-repairable, at the prices listed in Attachment A.

4.3 Contractor shall not charge any additional types of fees, other than those specified above in paragraph 4.2, for the return of non-repairable cylinders to the ordering activity.

4.4 If the activity requests, and the Contractor agrees to dispose of any non-repairable government-owned property, the fee shall be negotiated and agreed upon between the two parties prior to the disposal of the property.

5. POC AND DELIVERY ADDRESS

CENTRAL TEXAS VETERANS HEALTH CARE SYSTEM

1901 VETERANS MEMORIAL DR.

TEMPLE, TX 76504

AUSTIN OUTPATIENT CLINIC (AOPC)

7901 METROPOLIS DR

AUSTIN, TX 78744-3111

DORIS MILLER VA MEDICAL CENTER

4800 MEMORIAL DR

WACO, TX 76711

POC: Mr. Jacob Sampson Cell#: 254-413-2957

6. DELIVERY AND BILLING

6.1 Contractor should make deliveries within 7 days of receipt of request. Deliveries will be made Monday through Friday between 8am -4 pm, excluding Federal Holidays. Facility will contact contractor for emergency deliveries no more than 3 times per year. The Contractor will be paid monthly, in arrears, upon receipt of a properly prepared invoice.

6.2 . Contractor will provide emergency contact information for after hours and weekends, calls will be acknowledged within one hour with deliveries being made within 8 hours.

7. HOURS OF COVERAGE:

1. Vendor shall provide telephone support 24 hours a day, 7 days a week.

2. Vendor shall provide unscheduled maintenance (called upon to repair/fix any faulty equipment being rented despite the vendor having any schedule for their equipment maintenance if they have one) Mondays - Fridays, 8:00 AM-4:30 PM local site time, Mondays – Fridays excluding Federal Holidays.

3. Vendor shall provide planned maintenance scheduled at a mutually agreeable time Mondays - Fridays, 8:00 AM-4:30 PM local site time excluding Federal Holidays.

4. POC or designated alternate shall provide reasonable access to the equipment, reasonable working space, and a reasonable safe, hazard-free operating environment for contractor’s employees and representatives providing services hereunder during hours of coverage.

5. Federal Holidays observed by the ELPVAHCS, and any other day declared a holiday by the President of the United States:

New Years' Day Labor Day Martin Luther King Day Columbus Day Presidents' Day Veterans' Day Memorial Day Thanksgiving Day Independence Day Christmas Day Juneteenth

When a holiday falls on a Sunday, the following Monday will be observed as a legal holiday.

When a holiday falls on a Saturday, the preceding Friday is observed by US Government agencies.

8. CYLINDERS AND OTHER CONTAINERS

8.1 Laws and Regulations

Cylinders and other containers for gaseous and liquid forms of gases shall comply with the Department of Transportation specifications and shall be maintained, filled, marked, labeled, and shipped to comply with current DOT regulations (Title 49-Transportation, Code of Federal Regulations.) Filling, packaging, labeling, etc., for medical gases shall also comply with the Federal Food, Drug, and Cosmetic Act.

8.2 Marking

In addition to marking required by the aforementioned laws and regulations, marking shall comply with CGA Publication C-7 – Guide to Preparation of Precautionary Labeling and Marking of Compressed Gas Containers, dated 10/21/2011.

8.3 Color Coding:

Cylinders shall be color coded in accordance with CGA Publication C-9 -- Standard Color Marking of Compressed Gas Containers Intended for Medical Use, dated September 2013.

8.4 Valves

Valves shall comply with CGA Safety Bulletin SB-26 dated August 2014 and CGA Publication V-1 -- Compressed Gas Association Standard for Compressed Gas Cylinder Valve Outlet and Inlet Connections, dated May 2013. 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 liquid containers, all fittings must be permanently brazed to prevent their removal. In addition, each container should contain a 360-degree cryoband applied at the top of the container with the drug product name repeated around the entire container.

8.5 Retest Date: If applicable DOT regulations would require retesting of cylinder within three (3) months after scheduled date of shipment to Continental U.S. destination, or within six

(6) months after scheduled date of shipment to overseas destination, cylinder shall be retested.

Contractor will be required to retest any Government-Owned cylinder when requested by ordering activity, regardless of scheduled retest data.

8.5.1 Method: Government-owned cylinders which are eligible for extended hydrostatic retest period, testing by modified hydrostatic method, or visual inspection in lieu of hydrostatic testing, shall be serviced by the most economical means which will comply with Department of Transportation regulations (49 CFR 173.34) unless otherwise specified by the ordering activity.

When modified or reduced DOT test requirements are contingent upon past usage of the cylinders, a written statement from the ordering activity indicating that the cylinders have been used exclusively for a specific gas may be considered acceptable evidence of the cylinders' eligibility for modified testing or inspection.

8.5.2 Hydrostatic testing shall be performed in accordance with CGA’s Publication -- C- 1, Methods for Hydrostatic Testing of Compressed Gas Cylinders, dated January 2016.

8.5.3 Visual inspection shall be performed in accordance with the applicable CGA Publications C-6 --Standards for Visual Inspection of Steel Compressed Gas Cylinders, dated May 2013 or C-

6.1 -- Standards for Visual Inspection of High-Pressure Aluminum Compressed Gas Cylinders, dated May 2013.

8.5.4 The Contractor shall be responsible for all testing of Contractor-owned cylinders at no additional cost to the Government. The government shall pay for the hydrostatic testing of government-owned cylinders at the prices listed in Schedule B.

8.6 Cylinder Sizes:

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

8.7 Individual Agency Ownership of Cylinders:

Government-Owned cylinders shall remain the property of the individual ordering (owning) agency and shall not be exchanged for other cylinders, either government- owned or Contractor-owned, without authorization of the ordering agency.

8.8 Lost or Damaged Contractor-Owned Cylinders

For each Contractor-owned cylinder lost or damaged beyond repair while in the Government’s possession, the Government shall pay to the Contractor the replacement value, less the allocable rental paid for that cylinder. These cylinders shall become Government property. See Attachment D.1 in Section D.

8.9 Method of Shipment:

Empty Government-owned cylinders that are picked up from an ordering facility for re-fill or servicing shall be transported according to the Department of Transportation Regulations, using normal commercial practice to prevent damage to cylinders.

8.10 Transportation of Cylinders:

All transportation charges for empty government-owned and Contractor-owned cylinders from the ordering facility to the Contractor’s facility shall be at the expense of the Contractor.

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

OWNED CYLINDERS

The contractor’s price for the gas shall include the furnishing, at no additional cost, of all services which are required at each and every filling of a cylinder to comply with applicable regulations, specifications, and normal good practices. Such services shall include, but not be limited to: tags indicating cylinder is "Full," In Use," or "Empty"; inspection, testing, evaluation, and cleaning services required at each and every filling; pin-indexing, when required, and attachment of Government-furnished warning tags, when required. In addition to services listed in this paragraph, the Contractor is responsible for all maintenance and testing of Contractor-owned cylinders.

10. MEASUREMENT AND CONVERSION COMPUTATION, ATMOSPHERIC GASES

AND HYDROGEN:

Density data and volume measurement equivalents printed in CGA Publication P-6 -- Standard Density Data, Atmospheric Gases and Hydrogen, dated 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.

11. LICENSING, AUTHORIZATION, AND SELLING PERMISSIONS

11.1 If the Contractor is the manufacturer of the medical gas being supplied under this contract, it shall annually provide verification that it holds current licensing, permits, certifications or registrations required by the FDA and the states in which this contract is performed.

11.2 If the Contractor is not the manufacturer of the medical gas being supplied under this contract, the Contractor shall annually provide verification that the manufacturer from which it obtains the medical gas provided to VA under this contract holds current licensing, permits, certifications or registrations required by the FDA and the states in which this contract is performed. In addition, the Contractor shall provide annual updates to any agreements it has with the medical gas manufacturer affirmatively demonstrating that the Contractor has authorization by the manufacturer to resell the medical gas the Contractor is providing under this contract. In the event of a change in manufacturer, the Contractor shall provide advance notice to the VA prior to the change taking place and shall provide copies of the new medical gas manufacturer’s current licenses, permits, certifications or registrations required by the FDA and the states in which this contract is performed. The Contractor shall also provide a copy of its agreement with the new manufacturer demonstrating that the Contractor has authorization by the manufacturer to resell the medical gas the Contractor intends to provide under this contract.

13. NARA RECORDS MANAGEMENT LANGUAGE FOR CONTRACTS

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

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

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law.

Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. Central Texas Veteran Affairs Health Care System (CTXVHCS) and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of CTXVHCS or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701.

In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to CTXVHCS. The agency must report promptly to NARA in accordance with 36 CFR 1230.

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

6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts.

The Contractor (and any sub-contractor) is required to abide by Government and CTXVHCS guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

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

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

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

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

11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VHA-provided records management training, Talent Management System (TMS) Item #10176, Privacy and Information Security, Rules of Behavior. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.