36C25724Q0532.pdf

PAGE 1 OF 1. REQUISITION NO.

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

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

TIME

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

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

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

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

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

SEE ADDENDUM

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

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

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

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

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

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

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

549-24-3-081-7619

549-24-3-5096-0176

36C25724Q0532 04-15-2024

Dayna Cantu 512-922-0142 04-29-2024

11:00 AM CST

36C257 Department Of Veterans Affairs Network Contracting Office (NCO) 17 Regional Procurement Office (RPO) West 124 E. Hwy 67, Suite 100 Duncanville TX 75137

X 100

X

325120

1200 Employees

N/A

X

36C549

Department of Veterans Affairs North Texas Health Care System 4500 South Lancaster Road Energy Center Circle, Building 70 Dallas TX 75216

36C257

Department Of Veterans Affairs Network Contracting Office (NCO) 17 Regional Procurement Office (RPO) West 124 E. Hwy 67, Suite 100 Duncanville TX 75137

This is accomplished through the Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.

(877) 353-9791 (512) 460-5540

See CONTINUATION Page

The contractor shall provide all labor, supplies, materials, equipment, supervision, transportation, and other items, necessary to provide bulk oxygen in accordance with the Statement of Work and the terms and conditions contained herein.

The Government will award a Firm-Fixed Price contract to the responsible offeror whose quote conforming to the solicitation is deemed to be the lowest-priced, technically acceptable (LPTA) offer.

This is a Base plus four (4) Option Year Contract.

See CONTINUATION Page

X X

X 1

Shannon Hodgson Contracting Officer

36C25724Q0532

Table of Contents

SECTION A

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

PRODUCTS AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF WORK

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

B.4 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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

C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

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

C.5 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.6 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC

2022)

C.7 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.8 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

C.9 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023)

C.10 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

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

(DEVIATION)

C.11 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON

SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND

PRODUCTS (JAN 2023) (DEVIATION)

C.12 VAAR 852.223-71 SAFETY AND HEALTH (SEP 2019)

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

(NOV 2018)

C.14 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT

2020)

C.15 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

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

C.17 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (FEB 2024)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

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 (NOV 2021)

E.4 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

E.5 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT

2018)

E.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.7 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE

RESOLUTION (OCT 2018)

E.8 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.9 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.10 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (FEB 2024)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR: Name: _______________________________________

Address: ______________________________________

City/State/Zip: _________________________________

POC Name: ___________________________________

POC Phone: ___________________________________

POC Email: ___________________________________

SAM UEI: ____________________________________

TIN: _________________________________________

b. GOVERNMENT: Contracting Officer 36C257 Shannon Hodgson Shannon.hodgson@va.gov Department of Veterans Affairs NCO 17 North Texas Healthcare System Regional Procurement Office West (RPO-W) 124 E. Hwy 67, Suite 100 Duncanville, TX 75137

Contract Specialist 36C257 Dayna Cantu dayna.cantu@va.gov Department of Veterans Affairs NCO 17 Contracting Office Regional Procurement Office West (RPO-W) 5441 Babcock Road Ste. 302 San Antonio, TX 78240

Point of Contact (POC) 36C549 John, Raymond A.

Acquisition Utilization Specialist raymond.john@va.gov Department of Veterans Affairs VA North Texas Health Care System 4500 S Lancaster Rd Dallas, TX 75216 mailto:Shannon.hodgson@va.gov mailto:dayna.cantu@va.gov mailto:raymond.john@va.gov

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

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

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly

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

See page 1 Block 18a.

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

AMENDMENT NO DATE

B.2 STATEMENT OF WORK

North Texas Veterans Affairs Health Care Systems (NTVAHCS) Statement of Work

2.1 General.

a. The VA North Texas Health Care System has established an ongoing requirement that requires a contractor to provide Medical Grade Bulk Liquid Oxygen. There is one Government furnished 11,000-gallon main tank. The contractor shall provide, install, fill, certify and maintain adequate inventory of a temporary oxygen trailer to supply needed oxygen to the medical center to serve as the reserve supply to the facility in the event of a failure of the main tank. The Contractor must utilize an off-site, automatic monitoring system (telemetry system) that independently monitors the system and notifies the Contractor when refills are required.

b. Site Visit Information for Vendors:

SITE VISIT:

Vendors are invited to a site visit to observe the site and current conditions of the tanks on Friday, March 19th, 2024, starting at 10:00am CST. Points of contact for site visit is Raymond John, Raymond.John@va.gov, (214) 857-3115.

Site visit address: 4500 S Lancaster Rd., Dallas, TX 75216.

Meeting place will be at the Energy Center, Bldg. 70. Check with facility for any special requirements to gain access to the premises.

c. Reserve tank background. Bulk oxygen reserve tank has suddenly lost vacuum in the interstitial space between the inner and outer shell. This has resulted in ambient heat vaporizing liquid oxygen stored for reserve use and subsequent discharge into oxygen supply line, negating its viability to function as a reserve.

d. Location/Facility Requirements: The main bulk oxygen tank is government owned.

All supplies of medical-grade liquid bulk oxygen shall be delivered to Dallas VA Medical Centers, 4500 S Lancaster Rd, Dallas TX 75216. Tanks are on Energy Center Circle, Bldg. 70 Off Veterans Drive, call operator to unlock tank, 214-857-1062.

e. The Contractor shall be required to make deliveries of medical-grade liquid bulk oxygen throughout the life of the contract. The estimated quantities are 160,000 CCF for the facility annual requirement.

f. A Contracting Officer’s Representative (COR) will be designated for ordering facility.

The COR is responsible for local contract administration issues such as requesting deliveries and providing specific delivery instructions. The Contractor will be provided with names and contact information of the primary and alternate COR within 20 days after award of the contract for the ordering facility.

g. The Contractor shall provide written procedures and initial in-service training for VA staff on protocols to ensure safety on and around the tank systems at the time of initial filling of any new or upgraded bulk oxygen tank system. The Contractor shall provide additional safety training as needed by the facility to accomplish emergency shutdowns or other sudden, unplanned termination of the refilling process. Contractor shall provide 24/7 emergency contact name(s), telephone number(s), fax number(s) and email addresses during training.

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

CCF – 100 cubic feet CGA – Compressed Gas Association CGMP – Current Good Manufacturing Practices COR - Contracting Officer Representative FDA – US Food & Drug Administration GO – Government-owned NFPA – National Fire Protection Association USP – United States Pharmacopeia VA – Department of Veterans Affairs OSHA – US Department of Labor, Occupational Safety and Health Administration

2.3 Temporary Bulk Oxygen Reserve Tank & Perform Leak Test of Permanent Tank

a. The contractor will provide, install, fill, certify and maintain adequate inventory of a Temporary Oxygen Trailer to supply needed oxygen to the medical center. Tank size is 500-gallon tank. The vendor shall coordinate with the COR on need for trailer to serve as the reserve supply to the facility in the event of a failure of the main tank. Preferred connection of the Temporary Oxygen Tanks is the Emergency Oxygen Connection located at the Energy Center, Building 70.

b. If after investigation the reserve tank is deemed to be beyond repair, the temporary tank will remain in place until the installed reserve tank can be replaced.

Government-Furnished Property

a. There is one Government Owned 11,000-gallon Main Tank. The Government Owned bulk oxygen storage tank system and appurtenances will be maintained by the Government at the Government's expense in a manner that ensures compliance with applicable federal and state regulations, standards, and commercial practices. The Government is responsible for providing a pad sufficiently rated by a Certified Project Engineer to support main and reserve tanks filled to full capacity. This includes security fencing, NFPA 55 & 99 code compliance, and safe access for resupply operations.

b. Upon award of the contract, the Government Owned bulk tank system and material must be inspected by the Contractor, then annually thereafter. Upon inspection, the Contractor shall immediately notify the Contracting Officer if the Contractor will not be able to fill the bulk oxygen tank system because of issues related to the tank system, pad, or access to the tank system. The facility will provide the Contractor reasonable access to the areas where work is required to be performed. Additional issues associated with Government-furnished equipment are the responsibility of the Government. Contractor shall determine the pressure and rate of flow needed at the facility based on VA provided information.

c. The Contractor is responsible for performing minor maintenance on the GO bulk tank systems. Minor maintenance required of the Contractor includes validating that the fittings are securely fastened to the system, testing, minor de-icing, and adjusting alarms as required. Also, the Contractor shall provide documentation and training on how to de-ice the tank system in order to prevent damage (which could void the warranty between the VA and the tank manufacturer). In the event ice build-up occurs that cannot be remedied by the contractor during regular minor maintenance, the Contractor shall furnish the VA with a quote to remove the ice buildup from the liquid bulk oxygen tank system. After the VA reviews and approves the quote, it may place a stand-alone order to authorize the work. The Government will be responsible for any follow-on maintenance requirements that are outside of this SOW.

2.3 Licensing, Authorization, and Selling Permissions

a. If the Contractor is the manufacturer of the medical grade bulk oxygen 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.

b. If the Contractor is not the manufacturer of the medical grade oxygen being supplied under this contract, the Contractor shall annually provide verification that the manufacturer from which it obtains the medical grade bulk oxygen 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-grade oxygen manufacturer affirmatively demonstrating that the Contractor has authorization by the manufacturer to resell the oxygen 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-grade oxygen 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 oxygen the Contractor intends to provide under this contract.

c. Throughout the term of this contract, Contractor shall maintain all federal, state, and local licenses applicable above to the Contractor as well as any required FDA certifications per sections a and b above.

2.4 Liability Insurance Requirements. The contractor shall maintain liability insurance in the amount of $500,000.00 per occurrence and shall provide an annual Certificate of Liability to the VA.

2.5 Ordering.

a. The medical grade bulk liquid oxygen is ordered through telemetry systems based on automatic monitoring of the bulk liquid oxygen tank system’s established fill point, orders with the contractor are placed when the telemetry system alerts the contractor that the fill point has been reached. VA facilities may accept the standard fill point established by the Contractor. However, VA Safety and/or Engineering personnel reserve the right to establish different fill point settings for the bulk liquid oxygen tank systems. Any amended fill point settings will be communicated to the Contractor by each facility’s COR.

b. In the event telemetry is not used to signal the contractor to initiate a delivery request, orders shall be placed with the Contractor only by the POC through fax or e-mail at the address/fax number and contact listed below:

FAX Number:

Email Address:

Department:

Name of Contact Person:

Address:

c. The COR will be authorized to place orders against this contract. The Contracting Officer

(CO) will furnish the Contractor with the names of CORs upon issuing the contract. When a COR is added after award, the CO will furnish the Contractor with the names of individuals as CORs. CORs are responsible for issuing and administering orders placed under this contract. CORs have no authority to modify any term of this basic contract.

Any deviation from the terms of the basic contract must be approved in writing by the CO responsible for this contract. The Contractor shall accept orders against this contract only from the CO and/or authorized COR. Fulfilling orders from persons other than the CO or

COR may result in loss or delay in payment for supplies/services provided under such orders.

2.6 Delivery of Medical Liquid Bulk Oxygen

a. The Contractor shall deliver medical-grade liquid oxygen to the Dallas VA Medical

Center: Delivery Locations. 4500 S Lancaster Rd, Dallas TX 75216. Tanks are on Energy Center Circle, Bldg. 70 Off Veterans Drive, call operator to unlock tank, 214- 857-1062.

b. If for any reason the Contractor is unable to deliver at the agreed upon day or time, the Contractor shall provide 24-hour notice to the COR and must initiate an alternate backup action. In accordance with VHA Patient Safety Alert dated April 5, 2004, all deliveries must be monitored by a qualified and trained technical representative that shall be designated by each facility. Contractor shall be provided with names and contact information of primary and backup facility representatives. This applies to all deliveries regardless of time or day of execution.

c. Tank systems(s) shall be filled to maximum functional capacity each time the tank is refilled.

d. At the time of each delivery, the Contractor shall provide to the VA a legible signed and dated document and/or electronic delivery slip that identifies the tank level prior to the fill, after the fill, and the quantity delivered at the time of delivery. This document must be countersigned by the facility representative supervising the delivery. Delivery audits shall be performed by the facility and matched for accuracy. The driver shall convert gallons to CCF quantity and shall list these numbers on the delivery slip to be consistent with the detail on the invoice so to provide accuracy for invoice certification.

e. Emergency delivery shall be provided within 24 hours after receipt of Government notification. Contractor shall respond to the facility COR by either telephone or email within one hour to confirm receipt of emergency notification. Emergency status is determined by the Government when conditions warrant, such as a main bulk tank system damaged by the VA or a system imminent alarm condition, or a system leak that requires a refill in 24 hours. 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 fee.

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

g. The Contractor shall not be required to make non-emergency deliveries on federally observed holidays. When the normal delivery day falls on a federal holiday, the Contractor shall deliver on the workday preceding that holiday. The following holidays are observed by the Federal Government (as well as any other day that is declared a national Holiday per an Executive Order issued by the President):

New Year's Day Martin Luther King's Birthday (3rd Monday in January)

Presidents Day (3rd Monday in February) Memorial Day (last Monday in May) Independence Day (July 4th) Labor Day (1st Monday in September) Juneteenth (June 19) Columbus Day (2nd Monday in October) Veterans Day (November 11th) Thanksgiving Day Christmas Day

Note: If the holiday falls on a Saturday, it is officially observed on the Friday before the holiday.

If the holiday falls on a Sunday, it is officially observed on the Monday following the holiday.

2.7 Quality Assurance Specifications and Requirements.

a. All oxygen shall be manufactured, processed, packed, transported, and stored according to FDA's Current Good Manufacturing Practices (CGMP) regulations, and all labeling shall comply with FDA's labeling regulations (21 CFR Part 201).

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

c. A valid certificate of analysis shall be provided with each delivery of liquid oxygen.

The certificate shall include, at a minimum:

• Supplier's name and complete address

• Name of the Product (i.e., Oxygen USP.)

• An Air Liquefaction Statement

• Lot number or other unique identification numbers

• Actual analytical results for full USP monograph testing is an FDA regulation under 21 CRF 211 Subpart E. (A statement that only states that the product meets the minimum purity of 99.5%, etc. is not acceptable.)

• Test method used to perform the analysis must be based on approved methods from current good manufacturing practice for medical gases guidance. (A statement such as "Meets USP specifications" shall not be acceptable, nor shall "Tested via Servomex" be acceptable since the specific model number is not provided.)

• Signature of authorized supplier representative and date.

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

e. A copy of all inspection reports and training certificates shall be provided to each facility COR upon completing any Contractor-furnished or GO bulk oxygen system inspections that are required and at a minimum done annually and consistent with NFPA 55 and NFPA 99 code requirements.

f. All Contractor-furnished bulk tank systems shall be maintained or repaired in accordance with NFPA 55 Code requirements (Current Edition) and FDA's Current Good Manufacturing Practices (CGMP) Regulations.

2.8 Applicable Regulations & Standards.

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

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

2) 29 CFR 1910.104 Applies to the installation of bulk oxygen systems on industrial and institutional consumer premises.

3) 49 CFR – Transportation

4) Federal Food, Drug, and Cosmetic Act

5) NFPA 55: Compressed Gases and Cryogenic Fluids Code

6) NFPA 99: Health Care Facilities Code

7) USP 23

8) ANSI/CGA M-1 2018 Standard for Medical Gas Supply Systems at Health Care

Facilities

b. Density data and volume measurement equivalents published in Compressed Gas Association Pamphlet No. P-6, titled "Standard Density Data, Atmospheric Gases, and Hydrogen," shall be used when necessary to convert the measurement of gases from one form to another. For example, the following conversion factor shall apply for conversion from gallons to cubic feet to 100 cubic feet.

Calculation based on data in CGA P-6

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

Therefore EXAMPLE:

995-gal (1 ft³) liquid O2 multiplied by the conversion factor of 1115.1 ft³ gas

Total: 114,524.5 ft³ gas divide by 100, and that is what is to be billed.

Gal liquid O2 = 115.05 ft³ gas or more commonly quoted as 1 gal liquid O2 = 115.1 ft³ gas multiplied by 100 to get the CCF.

2.9 Conduct of Personnel.

a. Contractor/Sub-Contractor employees shall conduct themselves in a professional and/or a socially acceptable manner. Loudness, vulgarity, rudeness, or other similar offensive conduct by an employee of the Contractor/Sub-Contractor shall be grounds for denying the employee further access to the VA premises.

b. The Contractor/Sub-Contractor employee(s) shall always wear visible identification on uniform shirt and badge while on the premises. The delivery truck must be clearly and appropriately labeled with Contractor/Sub-Contractor signage when on VA medical facility, Warehouse, and CBOCs.

2.10 Emergency Supply Support. The contractor shall, upon contract award, provide a written action plan and protocols in place that shall ensure compliance with the VA’s requirements under the contract in the event of a declared National or State Emergency which affects the Contractor’s ability to perform. The contractor shall provide annual updates to this plan over the life of the contract. In the event the plan is implemented the Contractor shall provide notification of implementation of the action plan and protocols within 48 hours of any declared National or State Emergency to the Contracting Officer and POC. In the event of a declared National or State Emergency has been declared at the time of award the Contractor shall submit the written action plan and protocols to the Contracting Officer and POC within 48 hours of award notification.

2.11 Invoice and payment. At the time of delivery, a legibly signed and dated proof of delivery

(POD) document must be provided by the Contractor that identifies the tank system level prior to filling, the level after fill, and the quantity delivered in gallons and CCFs. The driver shall insure that the conversion between gallons, and CCF quantity is accurate so that these numbers listed on the delivery slip will be consistent with the details on the resulting invoice to facilitate invoice certification. The invoice that is submitted must match the delivery quantity on the POD document and must be invoiced in CCFs.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

160,000.00 CCF ________________ _________________

Medical Grade Bulk Liquid Oxygen - 11,000-gallon Main Tank

Contract Period: Base POP Begin: 05-26-2024 POP End: 05-25-2025 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6830 - Gases: Compressed and Liquefied

LOCAL STOCK NUMBER: 4001

1.00 EA ________________ _________________

EMERGENCY DELIVERY FEE FOR VA DALLAS BULK LOX

Contract Period: Base POP Begin: 05-26-2024 POP End: 05-25-2025 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

LOCAL STOCK NUMBER: 4016

12.00 MO ________________ _________________

MONTHLY TELEMETRY RENTAL & MONITORING

Contract Period: Base POP Begin: 05-26-2024 POP End: 05-25-2025 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

LOCAL STOCK NUMBER: 4017

MAINTENANCE SERVICE CALL FOR GOV OWNED BULK TANKS

(per call includes travel & up to 8 Hours on site, does not include parts or labor for corrective action which has to be approved by the Government) Contract Period: Base POP Begin: 05-26-2024 POP End: 05-25-2025 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

LOCAL STOCK NUMBER: 4018

ANNUAL INSPECTIONS OF GOV OWNED TANKS (NFPA REQ)

Contract Period: Base POP Begin: 05-26-2024 POP End: 05-25-2025 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

LOCAL STOCK NUMBER: 4019

Rental of Temporary Oxygen Trailer. The contractor will provide, install, and certify a Temporary Oxygen Trailer to supply needed oxygen to the medical center. Tank size is 500-gallon tank. Preferred connection of the Temporary Oxygen Tanks is the Emergency Oxygen Connection located at the Energy Center, Building 70. Work is located at VAMC Dallas, 4500 S Lancaster Rd, Dallas, TX 75216. If after investigation the reserve tank is deemed to be beyond repair, the temporary tank will remain in place until the installed reserve tank can be replaced. The vendor shall coordinate with the COR on need for trailer. The vendor shall invoice only for months used.

Contract Period: Base POP Begin: 05-26-2024 POP End: 05-25-2025 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Contract Period: Option 1 POP Begin: 05-26-2025

POP End: 05-25-2026 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Contract Period: Option 1 POP Begin: 05-26-2025 POP End: 05-25-2026 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

MONTHLY TELEMETRY RENTAL & MONITORING

Contract Period: Option 1 POP Begin: 05-26-2025 POP End: 05-25-2026 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

(per call includes travel & up to 8 Hours on site, does not include parts or labor for corrective action which has to be approved by the Government) Contract Period: Option 1 POP Begin: 05-26-2025 POP End: 05-25-2026 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Contract Period: Option 1 POP Begin: 05-26-2025 POP End: 05-25-2026 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing and certify a Temporary Oxygen Trailer to supply needed oxygen to the medical center. Tank size is 500-gallon tank. Preferred connection of the Temporary Oxygen Tanks is the Emergency Oxygen Connection located at the Energy Center, Building 70. Work is located at VAMC Dallas, 4500 S

Lancaster Rd, Dallas, TX 75216. If after investigation the reserve tank is deemed to be beyond repair, the temporary tank will remain in place until the installed reserve tank can be replaced. The vendor shall coordinate with the COR on need for trailer. The vendor shall invoice only for months used.

Contract Period: Option 1 POP Begin: 05-26-2025 POP End: 05-25-2026

Contract Period: Option 2 POP Begin: 05-26-2026 POP End: 05-25-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Contract Period: Option 2 POP Begin: 05-26-2026 POP End: 05-25-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Contract Period: Option 2 POP Begin: 05-26-2026 POP End: 05-25-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

(per call includes travel & up to 8 Hours on site, does not include parts or labor for corrective action which has to be approved by the Government) Contract Period: Option 2 POP Begin: 05-26-2026 POP End: 05-25-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Contract Period: Option 2 POP Begin: 05-26-2026 POP End: 05-25-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing and certify a Temporary Oxygen Trailer to supply needed oxygen to the medical center. Tank size is 500-gallon tank. Preferred connection of the Temporary Oxygen Tanks is the Emergency Oxygen Connection located at the Energy Center, Building 70. Work is located at VAMC Dallas, 4500 S Lancaster Rd, Dallas, TX 75216. If after investigation the reserve tank is deemed to be beyond repair, the temporary tank will remain in place until the installed reserve tank can be replaced. The vendor shall coordinate with the COR on need for trailer. The vendor shall invoice only for months used.

Contract Period: Option 2 POP Begin: 05-26-2026 POP End: 05-25-2027

Contract Period: Option 3 POP Begin: 05-26-2027 POP End: 05-25-2028 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Contract Period: Option 3 POP Begin: 05-26-2027 POP End: 05-25-2028 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Contract Period: Option 3 POP Begin: 05-26-2027 POP End: 05-25-2028

PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

(per call includes travel & up to 8 Hours on site, does not include parts or labor for corrective action which has to be approved by the Government) Contract Period: Option 3 POP Begin: 05-26-2027 POP End: 05-25-2028 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Contract Period: Option 3 POP Begin: 05-26-2027 POP End: 05-25-2028 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing and certify a Temporary Oxygen Trailer to supply needed oxygen to the medical center. Tank size is 500-gallon tank. Preferred connection of the Temporary Oxygen Tanks is the Emergency Oxygen Connection located at the Energy Center, Building 70. Work is located at VAMC Dallas, 4500 S Lancaster Rd, Dallas, TX 75216. If after investigation the reserve tank is deemed to be beyond repair, the temporary tank will remain in place until the installed reserve tank can be replaced. The vendor shall coordinate with the COR on need for trailer. The vendor shall invoice only for months used.

Contract Period: Option 3 POP Begin: 05-26-2027 POP End: 05-25-2028

Contract Period: Option 4 POP Begin: 05-26-2028 POP End: 05-25-2029

Contract Period: Option 4 POP Begin: 05-26-2028 POP End: 05-25-2029 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Contract Period: Option 4 POP Begin: 05-26-2028 POP End: 05-25-2029 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

(per call includes travel & up to 8 Hours on site, does not include parts or labor for corrective action which has to be approved by the Government) Contract Period: Option 4 POP Begin: 05-26-2028 POP End: 05-25-2029 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Contract Period: Option 4 POP Begin: 05-26-2028 POP End: 05-25-2029 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing and certify a Temporary Oxygen Trailer to supply needed oxygen to the medical center. Tank size is 500-gallon tank. Preferred connection of the Temporary Oxygen Tanks is the Emergency Oxygen Connection located at the Energy Center, Building 70. Work is located at VAMC Dallas, 4500 S Lancaster Rd, Dallas, TX 75216. If after investigation the reserve tank is deemed to be beyond repair, the temporary tank will remain in place until the installed reserve tank can be replaced. The vendor shall coordinate with the COR on need for trailer. The vendor shall invoice only for months used.

Contract Period: Option 4 POP Begin: 05-26-2028 POP End: 05-25-2029

GRAND TOTAL _________________

B.4 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY DELIVERY DATE

0001-4006 SHIP TO: Department of Veterans Affairs VA North Texas Health Care System 4500 S Lancaster Rd Dallas, TX 75216 United States

ALL SEE LIN

MARK FOR: John, Raymond A.

(214) 857-3115 raymond.john@va.gov

FOB: DESTINATION

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2023)

(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 Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

(ii)…