S02 - 36C25724Q0922.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

671-25-1-115-0001

36C25724Q0922 09-13-2024

Susan Flores 210-694-6379 09-18-2024

10AM CDT

36C257 Department Of Veterans Affairs Network Contracting Office 17

5441 Babcock Road Ste. 302 San Antonio TX 78240

X 100

X

325120

1000 Employees

Net 30

N/A

X

South Texas Veteran Health Care System Department of Veterans Affairs Blood Bank Department of Pathology & Lab 7400 Merton Minter Blvd. (10N17/90C) San Antonio TX 78229-4401

36C671

Department Of Veterans Affairs Network Contracting Office 17

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

Please see section B for Statement of Work and Price/Cost Schedule. Price Schedule must be completed and submitted with proposal.

**NOTE: All questions must be submitted in writing to the Contracting Specialist Susan Flores at susan.flores2@va.gov by 10:00 am CST on September 17, 2024.

See page 32 for Instructions to Offerors and the provision at 52.212-2 on page 33 for evaluation criteria.

Complete Buy American Certificate in the provision at at 52.225-2.

See CONTINUATION Page

X X

X 1

Robyn Nussbaum Contracting Officer

36C25724Q0922

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 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

C.3 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2024)

C.4 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 27

C.6 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.7 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023)

C.8 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.9 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 29

C.10 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

C.11 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

1998) E.2 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

E.3 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

E.5 52.225-2 BUY AMERICAN CERTIFICATE (OCT 2022)

E.6 52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND

REPRESENTATION (JUN 2020)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C257 Robyn Nussbaum Department Of Veterans Affairs Network Contracting Office 17

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.

https://www.fsc.va.gov/einvoice.asp

This is mandatory and the sole method for submitting invoices

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

AMENDMENT NO DATE

https://www.fsc.va.gov/einvoice.asp

B.2 STATEMENT OF WORK

Liquid Nitrogen Purchase and Tank Rental STVHCS Blood Bank SCOPE:

This is a request for the rental of liquid nitrogen cylinder tanks and as needed replacement of liquid Nitrogen that will be utilized in the Blood Bank Department of Pathology and Laboratory Department of South Texas Veterans Healthcare System (STVHCS), San Antonio, Texas. The proposed vendor will provide medical-grade liquid Nitrogen tanks that are used for the preservation of Stem cells that are needed for the treatment of our patients on Chemotherapy and who are otherwise in a life-and-death situation without this treatment. The below listed items are required and specific, no substitutions can be made as this process is delicate in nature and any deviation in any form could make these cells inviable.

Delivery Detail:

Tanks(s) will be filled to maximum functional capacity. At the time of each delivery, contractor must provide a legible signed and dated written document that identifies 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. This document must be counter-signed by the facility representative supervising the delivery. This applies to all deliveries regardless of time or day of execution.

Rental of cylinder tanks NI NF230LT22, and Tank Replacement used in Stem Cell Program:

• Six (6) tanks (NI NF230LT22) per week, 30 tanks a month. QTY: 360/year.

• Liquid Nitrogen replacement of tanks occurs on Monday- Friday as needed, (2) tanks each time, 230 liters each tank, not to exceed 6 tanks per week.

• Cylinder Rental of NI NF230LT22 (10-cylinder rental) QTY: 120/year.

GOVERNMENT-OWNED PROPERTY:

Government-owned medical gas tank(s) and appurtenances will be maintained by and at the expense of the Contractor in a manner that will ensure compliance with applicable regulations, and standards. Individual Agency Ownership of Cylinders: Government-owned cylinders shall remain the property of the individual ordering (owning) facility and shall not be exchanged for other cylinders, either government-owned or contractor-owned, without authorization of the ordering agency.

CONTRACTOR FURNISHED EQUIPMENT:

For those facilities having contractor owned tanks, the contractor shall provide, install, and maintain tank(s) with appropriate back-up system(s), if applicable, with approval from the COR. Through the duration of the contract, the contractor shall be liable for the integrity, suitability, and safety of contractor owned tank(s) that will ensure compliance with applicable regulations, and standards.

All equipment and materials required to perform on the contract 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 installation, inspection and maintenance costs shall be included in the contract s monthly equipment rental fee for the applicable facility.) Contractor owned equipment shall be kept in good operating condition and appearance, in accordance with applicable regulations, and standards.

The contractor shall be provided by each requiring facility reasonable access to the facilities for this purpose.

Unless otherwise directed by the using 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. If the contractor s equipment replaces equipment already in use, the exchange of equipment shall be accomplished without interruption of gas supply to the using facility. 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.

Each Government facility that requires installation of contractor owned equipment shall provide suitable location and foundation for the installation of the contractor owned tank(s) in accordance with 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 alarm system.

Transition Period/Installation of Contractor-Furnished Equipment:

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 beyond the scheduled expiration of this contract, to include the base year and any option year. 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 this transition period.

Phase In:

The incoming contractor shall replace all appropriate VA authorized (incumbent contractor-owned) equipment presently located at each facility with the incoming contractor beginning from the date of contract award. Incoming contractor shall coordinate with the incumbent contractor during the transition period relating to the removal of the incumbent contractor s equipment from each facility. The change shall include delivery, setup, and instruction as further specified herein, and shall be accomplished without disruption in supplies and services. The billing period shall begin on the noted transition date. Payments shall be assessed based on the providers established rate and prorated from setup date. Prorated monthly rates are based on a 30-day month.

Phase Out:

The contractor realizes that the services 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 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 Purchase Order shall be issued to the contractor for payment of services on a pro-rated basis. Prorated monthly rates are based on a 30-day month.

During the transition 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 this requirement, at each participating facility.

MEDICAL GAS SPECIFICATION AND REQUIREMENTS:

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, 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. All products, equipment, and services provided under this contract shall be following all applicable Federal, State, and Local regulations.

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 are 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.

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

a) Federal Specification BB-A-1034B Compressed Air, Breathing, dated 12-20-1985 and amended on 12-27-1995. http://everyspec.com/FED_SPECS/B/BB-A-1034B_9157/

b) Federal Specification BB-C-101C Carbon Dioxide (CO2) Technical and USP, dated 01-21-2004. http://everyspec.com/FED_SPECS/B/download.php spec=BB-C- 101C.009836.pdf

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/download.php http://www.cganet.com/

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

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

All Contractor-owned equipment shall be maintained or repaired in accordance with FDA’s Current Good Manufacturing Practices (CGMP) Regulations.

ORDERING:

The Facility POC(s) will submit requests for delivery of medical gases and rental cylinders to the Contractor, no later than 05:00 PM CST for delivery within 24 hours, including weekends for emergency orders, via email or phone to the Contractor POCs to be provided at the award. The vendor must notify the facility of the planned delivery, scheduled within the 24-hour window, including the date and time. After the contract award, the Facility POCs and the Contractor may agree upon a defined delivery schedule, as required.

The contract shall provide a customer service POC to the CO, COR, and the Facility POC(s) no later than 10 business days after contract award and updated within 10 business days throughout the life of this contract if there are personnel changes.

At a minimum, the contractor will provide the following information:

1. Company Name

2. Address

3. Phone Number

4. Fax Number

5. contact Name

6. Email

DELIVERY REQUIREMENTS:

The contractor shall deliver to the facility, the medical gases identified in Section 1 Scope of this Statement of Work, in the frequency identified in that section. The Facility POC(s) (Point of contact) will contact the Contractor to request refills of all medical gases supplied under this contract, as identified in Section 1 Scope, on an as-needed basis, except those identified as a weekly requirement. Tanks(s) will be filled to maximum functional capacity at each refilling procedure unless otherwise specified in the facility requirements or as agreed upon in a written document signed and dated by the Facility POC.

The Facility POC(s) is responsible for communicating local issues, such as ordering and delivery instructions, within the terms and conditions of the signed contract. The terms and conditions outlined by this contract cannot be changed without signed modification by the Contracting Officer. Prior to first filling, and annually thereafter, the contractor must verify, in writing, the accuracy of all gauges on contractor owned tanks. On a quarterly basis, the Contractor shall take an inventory of actual cylinders, on-site at the facilities, to verify the accuracy of inventory counts.

The Contractor will provide 24/7 emergency contact name(s) and telephone number(s).

All Medical Gas deliveries shall be made in an enclosed or boxed truck. 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.

In accordance with VHA Patient Safety Alert dated April 5, 2004, all deliveries must be monitored by a qualified and trained technical representative that will be designated by each facility. Contractor will be provided with names and contact information of primary and back-up facility representatives (Facility POCs). This applies to all deliveries regardless of time or day of execution.

Upon delivery, the delivery driver and facility POC will conduct a cylinder count.

Cylinders will be logged in on the Delivery Ticket with the delivery date and driver ID specified. The cylinder delivery will be signed for by both the facility POC and delivery driver. This information will the given to the COR.

Pickup of empty cylinders, the delivery driver and facility POC will conduct an empty cylinder count. Cylinders picked up will be adjusted on the Delivery Ticket with the pickup date and driver ID specified. The cylinder pick up will be signed for by both the facility POC and delivery driver. This information will be given to the COR.

The delivery time shall be Monday Friday between the hours of 8:00am 4:00pm Local Standard Time, excluding Federal Holidays. Delivery shall be within 24 hours after receipt of order. For delivery requests placed on Fridays, the delivery day shall be the following Monday. All transportation charges for cylinders shall be included in the price of the medical gas. Additional charges such as delivery fees, hazardous materials fees, fuel surcharges, shall NOT be billed to, or collected from, the facilities for orders received under this contract.

Emergency delivery will be provided within 24 hours after receipt of Government notification. Contractor must respond to the facility by either telephone or email within one hour to confirm receipt of emergency notification to ascertain the nature of the emergency. Emergency status is determined by the Government when conditions warrant, such as an actuated imminent alarm condition, or system leak. Failure of the contractor to remain current with agreed delivery schedule and requirements does not constitute an emergency for purposes of charging an emergency delivery fee.

INVOICING:

The Contractor shall submit one invoice, monthly, for incurred charges related to medical gas refill and cylinder tank rental fees. The amount charged for cylinder tank rental shall be for the quantity and types of cylinders in facility inventory, as of the last day of the month. The facility shall not be invoiced for tanks for which the facility has requested removal. Medical gas shall be invoiced since the volume for tanks delivered during the invoicing period (one month).

NON-REPAIRABLE GOVERNMENT PROPERTY:

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 activities instructions.

Contractor shall be paid for all services performed and authorized by the ordering activity in accordance with the price schedule. The contractor shall not charge any additional types of fees for the return of non-repairable cylinders to the ordering activity.

CYLINDERS AND OTHER CONTAINERS:

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

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 January 01, 2014.

https://www.cganet.com/ 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. https://www.cganet.com/

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. https://www.cganet.com/

Hydrostatic Testing:

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 date.

NOTE: GOV Cylinders have both a 5 Year and a 10 Year Hydrostatic Testing required.

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) 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 cylinder’s eligibility for modified testing or inspection.

https://www.cganet.com/ https://www.cganet.com/

Hydrostatic testing shall be performed in accordance with CGA s Publication C-q, Methods For Hydrostatic Testing of Compressed Gas Cylinders, dated September 7, 2004. https://www.cganet.com/

Visual inspection shall be performed in accordance with the applicable CGA publications C-6 Standards for Visual Inspection of Steel Compressed Gas Cylinders, dated August 16, 2005, or C-6.1 Standards for Visual Inspection of High-Pressure Aluminum Compressed Gas Cylinders, dated July 30, 2002. https://www.cganet.com/

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:

E-Sized oxygen cylinder fixed regulator system requirements: Aluminum construction, easy-to-carry handle, minimum flow of 15 LPM, flow rates ranging from 0.25 LPM minimum to 25 LPM, a DISS 50 PSI fitting for transport ventilator hook-up, MRI compatibility and easy to read contents gauge.

The contractor must submit a list, quarterly, of lost or damaged cylinders to include replacement costs for all individual cylinders lost or damaged while in the government facility s custody. Loss of usage must not commence prior to 60 days of notification of any such loss or damage.

For each contractor-owned cylinder lost or damaged beyond repair while in the Government s possession, the Government shall pay to the Contractor a pre-negotiated fee. These cylinders shall become Government property. If the lost cylinders are found and returned to the Contractor after the Government has paid the Contractor the lost fee, the Contractor shall credit the Government the lost fee.

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

PRICE OF SERVICES FOR GOVERNMENT-OWNED AND CONTRACTOR-OWNED

CYLINDERS:

Services included in the Price of Gas (Both Government 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 filling of a cylinder to comply with applicable regulations, and specifications. Such services shall include, but not be limited to: tags indicating cylinder as Full, In Use, or Empty; inspection, testing, evaluation, required at each filling; pin-indexing, when required, and attachment of Government-furnished warning tags, when required. Attaching of 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 is responsible for all maintenance and testing of contractor-owned cylinders. Contractor will ensure all tanks are clean free from dirt/rust, i.e., acceptable use both inpatient/outpatient Health Care Environment. It is the respective using facilities responsibility to tag Contractor owned Cylinders by the internal VA user, i.e., cylinders charged against the balances of user entities must be tagged Laboratory to ensure proper inventory control and annotation on daily Delivery Orders to ensure VA entities maintain accountability between separate VA user Accounts.

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. https://www.cganet.com/

MONTHLY RENTAL OF CONTRACTOR-OWNED CYLINDERS AND LIQUID

CONTAINERS:

When gases are ordered in cylinders or liquid containers owned by the contractor, monthly rental rates shall apply to those cylinders or containers in the possession of the using activity on the specific day of the month (e.g., 15th, 25th, last day,).

Cylinders picked up by the contractor s truck: Ordering activities shall notify the contractor of the number and type of empty cylinders ready for return. No rental charges shall be applied to any cylinder five business days (Saturdays, Sundays, and Holidays excluded) after the ordering activity has notified the contractor. The day the contractor is notified is excluded from the five-day period. If the contractor is verbally notified of empty cylinders, the ordering activity will document the notification by making a record of the date, time, and contractor s representative contacted.

Cylinders returned by common carrier: Ordering activities returning empty contractor-owned cylinders will immediately notify the contractor in writing of the quantity and size of cylinders and the date they were turned over to the carrier. Rental charges shall not be applied after the date cylinders are picked up by the common carrier.

DELIVERY TICKET:

Each delivery should contain include a delivery ticket covering the following: Contract Number, purchase order 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.

CONDUCT OF PERSONNEL:

Contractor employees shall conduct their selves 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.

The Contractors employee(s) shall always wear visible identification while on the premises of the VA medical facility, Warehouse, CBOC, etc.

REVIEWS:

COR or Facility POC(s) will conduct a quarterly inventory to reconcile the number of cylinders on hand to the number of cylinders held on the delivery ticket. A report of the inventory will be provided to the COR, CO.

Government Inherent Functions: Contractor shall not perform inherently governmental functions. This includes, but is not limited to, determination of agency policy, determination of Federal program priorities for budget requests, direction and control of government employees, selection or non-selection of individuals for Federal Government employment including the interviewing of individuals for employment, approval of position descriptions and performance standards for Federal employees, approving any contractual documents, approval of Federal licensing actions and inspections, and/or determination of budget policy, guidance, and strategy.

General Duties, Requirements, and Expectations:

1. Be professionally competent to handle required duties.

2. Work with staff to ensure safety measures are in place and documented.

3. Services provided under the terms of this contract are required to be following the American Association of Blood Banks (AABB) and College of American Pathologists (CAP) accreditation policies and all applicable Federal, State and Government laws required by the Veteran’s Healthcare System.

Information Systems Officer, Information Protection: The contractor will not have access to VA Desktop computers, nor will they have access to online resources belonging to the government while conducting services. If removal of equipment from the VA is required, any memory storage devices, such as hard drives, solid state drives and non-volatile memory units will remain in VA control and will not be removed from VA custody.

Privacy Officer: The contractor will not have access to Patient Health Information (PHI), nor will they have the capability of accessing patient information during the services provided to the VA.

Records Manager: There will be no federal records created, maintained, used, or dispositioned with this contract; regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.].

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

120.00 JB __________________ __________________

ITEM NO. RRLIQ - CYLINDER RENTAL, QTY 120

Contract Period: Base POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6835 - Medical Gases

MANUFACTURER PART NUMBER (MPN): RRLIQ

360.00 JB __________________ __________________

ITEM NO. NI NF230LT22 - NITROGEN NF LIQ 230LT 22 PSI, 3

DELIVERIES OF 2 TANKS, M-F, QTY 360 Liquid Nitrogen replacement of tanks occurs on Monday- Friday as needed, (2) tanks each time, 230 liters each tank, not to exceed 6 tanks per week.

Contract Period: Base POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

MANUFACTURER PART NUMBER (MPN): NI NF230LT22

Contract Period: Option 1 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

DELIVERIES OF 2 TANKS, M-F, QTY 360 Liquid Nitrogen replacement of tanks occurs on Monday- Friday as needed, (2) tanks each time, 230 liters each tank, not to exceed 6 tanks per week.

Contract Period: Option 1 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Contract Period: Option 2 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

DELIVERIES OF 2 TANKS, M-F, QTY 360 Liquid Nitrogen replacement of tanks occurs on Monday- Friday as needed, (2) tanks each time, 230 liters each tank, not to exceed 6 tanks per week.

Contract Period: Option 2 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Contract Period: Option 3 POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

DELIVERIES OF 2 TANKS, M-F, QTY 360 Liquid Nitrogen replacement of tanks occurs on Monday- Friday as needed, (2) tanks each time, 230 liters each tank, not to exceed 6 tanks per week.

Contract Period: Option 3 POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Contract Period: Option 4 POP Begin: 10-01-2028 POP End: 09-30-2029 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

DELIVERIES OF 2 TANKS, M-F, QTY 360 Liquid Nitrogen replacement of tanks occurs on Monday- Friday as needed, (2) tanks each time, 230 liters each tank, not to exceed 6 tanks per week.

Contract Period: Option 4 POP Begin: 10-01-2028 POP End: 09-30-2029 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

GRAND TOTAL __________________

B.4 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY DELIVERY DATE

0001-

SHIP TO: South Texas Veterans Health Care System 7400 Merton Minter Blvd.

San Antonio, TX 78229

USA

ALL 10-1-24-09-30-29

MARK FOR: Susana Lara Cruz

(210) 617-5300 ext. 17823 susana.laracruz@va.gov

FOB: DESTINATION

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):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Clause)

FAR

Number

Title Date

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

NOV 2023

C.2 52.204-24 REPRESENTATION REGARDING CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it ‘‘does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument’’ in paragraph (c)(1) in the provision at 52.204–26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212–3, Offeror Representations and Certifications– Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it ‘‘does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services’’ in paragraph (c)(2) of the provision at 52.204–26, or in paragraph (v)(2)(ii) of the provision at 52.212–3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services.”

(d) Representations. The Offeror represents that—

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will’’ in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services.

The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does’’ in paragraph (d)(2) of this section.

https://www.sam.gov/

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will’’ in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does’’ in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of Provision)

C.3 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C.

3509).

[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712);

this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

[X] (5) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (6) [Reserved]

[] (7) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (8) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (9) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117–328).

[] (10) 52.204–28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115–390, title II).

[] (11)(i) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition.

(DEC 2023) (Pub. L. 115–390, title II).

[] (ii) Alternate I (DEC 2023) of 52.204–30.

[X] (12) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

[] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(OCT 2018) (41 U.S.C. 2313).

[] (14) [Reserved]

[] (15) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

[] (16) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (17) [Reserved]

[X] (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-6.

[] (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[] (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)).

[] (21)(i) 52.219–9, Small Business Subcontracting Plan (SEP 2023) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (JUN 2020) of 52.219–9.

[] (v) Alternate IV (SEP 2023) of 52.219–9.

[] (22)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[] (ii) Alternate I (MAR 2020) of 52.219-13.

[] (23) 52.219–14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

[] (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C.

637(d)(4)(F)(i)).

[] (25) 52.219–27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

[X] (26) (i) 52.219–28, Post-Award Small Business Program Representation (FEB 2024) (15 U.S.C. 632(a)(2)).

[] (ii) Alternate I (MAR 2020) of 52.219–28.

[] (27) 52.219–29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

[] (28) 52.219–30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

[X] (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[] (30) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

[X] (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[X] (32) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (FEB 2024) (E.O. 13126).

[X] (33) 52.222-21,…