36C25725R0079.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

36C25725R0079 09-02-2025

Dayna Cantu 512-922-0142 09-10-2025

12:00PM CDT

36C257 Department Of Veterans Affairs Network Contracting Office 17 Regional Procurement Office West (RPO-W) 5441 Babcock Road Ste. 302 San Antonio TX 78240

X 100

X

325120

1200 Employees

N/A

36C671

Department of Veterans Affairs South Texas Veterans Health Care Sys.

Multiple Locations – See SOW

36C257

Department Of Veterans Affairs Network Contracting Office 17

5441 Babcock Road Ste. 302 San Antonio TX 78240

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, and non-personal services necessary to provide Medical Cylinders and Gases in accordance with the Statement of Work and the terms and conditions contained herein.

See CONTINUATION Page

X 1

Shannon Hodgson Contracting Officer

36C25725R0079

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 52.216-18 ORDERING (AUG 2020)

C.4 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.5 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.6 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.7 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C.8 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.9 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

C.10 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023)

C.11 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

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

(DEVIATION)

C.12 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (JAN 2023)

(DEVIATION)

C.13 VAAR 852.222-71 COMPLIANCE WITH EXECUTIVE ORDER 13899

(DEVIATION) (APR 2025)

C.14 VAAR 852.223-71 SAFETY AND HEALTH (SEP 2019)

C.15 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2018)

C.16 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.17 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

C.18 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

C.19 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (JAN 2025) (DEVIATION FEB 2025)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 GASES AND CYLINDER PRICE LIST

SECTION E - SOLICITATION PROVISIONS

E.1 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)

E.2 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

E.4 52.204-24 REPRESENTATION REGARDING CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (NOV 2021)

E.5 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

E.6 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT

2018)

E.7 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.8 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE

RESOLUTION (OCT 2018)

E.9 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.10 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.11 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

(DEVIATION FEB 2025)

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), 36C671 Victor J. Dominguez Logistics Management Specialist Victor.Dominguez2@va.gov Department of Veterans Affairs 7400 Merton Minter San Antonio, TX 78229 mailto:Shannon.hodgson@va.gov mailto:dayna.cantu@va.gov mailto:Victor.Dominguez2@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] Upon receipt and Acceptance

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

South Texas Veterans Affairs Health Care Systems (STVHCS)

Medical Cylinders and Gases Statement of Work

1. SCOPE OF WORK:

The purpose of this Statement of Work is to provide medical cylinders and gases for the South Texas VA Health Care System (STVHCS) and clinics (See Section 5, below). This requirement is for a single award Indefinite Delivery Indefinite Quantity (IDIQ), Base plus 4-option year period of performance contract. The contract items will be ordered by Ordering Officers or via task order by a Contracting Officer.

1.1 This Contract will be utilized throughout the South Texas Veterans Health Care System, to include current and potential future Outpatient Clinics. The gases to be purchased include all items listed in Attachment D.1.

1.2 The contract items will be ordered and delivered to the individual activities listed in section 5. The schedule also indicates whether the contractor will fill government owned (Customer Owned (C/O)) cylinders.

1.2.1 The Contractor shall maintain one-hundred percent accountability of all Medical Gas cylinders in the contractors possession while transporting, receiving, delivering, handling, and servicing for all facilities located within STVHCS. All Equipment and Materials (e.g.

Department of Transportation (DOT) certified delivery and transport vehicle, certified medical gas technician(s), hydrostatic tested approved cylinders) required to perform on the contract, other than Government owned cylinders shall be provided by the Contractor.

1.3 The contract Period of Performance (POP) awarded under this solicitation will be in effect from the Base Year of October 31st, 2025 – October 30th, 2026 – plus four (4) one-year option periods:

- October 31st, 2026 – October 30th, 2027 (Option Year 1)

- October 31st, 2027 – October 30th, 2028 (Option Year 2)

- October 31st, 2028 – October 30th, 2029 (Option Year 3)

- October 31st, 2029 – October 30th, 2030 (Option Year 4)

2. PRODUCT SPECIFICATIONS:

2.1 All medical gases shall conform to specifications prescribed in the United States Pharmacopeia and the National Formulary. All medical gas manufacturers/fillers of medical gases shall be registered with the FDA and all medical gases shall be manufactured, processed, packed, transported, and stored according to the FDA’s Current Good Manufacturing Practice (CGMP) regulations and Title 21, Code of Federal Regulations, Parts 210, 211 and 201 for labeling.

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

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

3/17/2011.

b. Compressed Gas Association (CGA) Publications G-7 – Compressed Air for Human

Respiration, dated May 2008, and ANSI/CGA G-7.1 – Commodity Specification for Air, dated October 2011.

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

3 MONTHLY RENTAL OF CONTRACTOR OWNED CYLINDERS:

For cylinders not owned by the government, the government will rent each cylinder by the month at the prices in attachment D.1.

4. DELIVERY REQUIREMENTS:

4.1 All transportation charges for cylinders shall be included in the price of the gas. Additional charges such as delivery fees, hazardous materials fees, fuel surcharges shall NOT be billed to or collected from the facilities for orders received under this contract unless otherwise specified in this contract (i.e. emergency deliveries).

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

4.3 Facility Locations based on the addresses are listed in Section 5. It is the responsibility of the Contractor to ensure each VA Facility receives their orders within 72 hours, during business hours.

4.4 Delivery Schedule: Representatives shall be available during the hours of Monday through Friday, 8:00am – 4:00pm.

5. DELIVERY ADDRESSES

a. Audie L. Murphy Veterans Affairs Medical Center (VAMC): 7400 Merton Minter, San Antonio, TX. 78229

b. Datapoint VA Clinic: 8410 Datapoint Drive, San Antonio, TX. 78229

c. Aurora VA Clinic: 9102 Floyd Curl Drive, San Antonio, TX. 78240

d. Victoria VA Clinic: 311 Spring Green Blvd., Victoria, TX. 77904

e. Northwest VA Healthcare Center: 9939 State Highway 151, San Antonio, TX. 78251

f. Balcones Heights Outpatient Clinic: 4522 Fredericksburg Road, San Antonio, TX. 78201

g. North Bexar VA Outpatient Clinic: 16019 Nacogdoches Road, San Antonio, TX. 78247

h. South Bexar VA Outpatient Clinic: 4610 East Southcross Blvd., San Antonio, TX.

78222

i. Northwest Vet Center: 9910 West Loop 1604 North, San Antonio, TX. 78254

j. North Central VA Clinic: 17440 Henderson Pass, San Antonio, TX. 78232

k. Shavano Park VA Outpatient Clinic: 4350 Lockhill Selma Road, Suite 200, San Antonio, TX. 78249

l. Polytrauma Transition and Rehabilitation Program (PTRP) Clinic: 4949 Gus Eckert Road, San Antonio, TX. 78249

m. Northeast Vet Center: 9504 Interstate 35 Frontage Road, San Antonio, TX. 78233

n. Northeast Bexar VA Outpatient Clinic: 2391 Northeast Loop 410, Suite 309, San Antonio, TX. 78217

o. Walzem VA Outpatient Clinic: 6938 Walzem Road, San Antonio, TX. 78239

p. San Antonio VA Outpatient Clinic: 7909 Fredericksburg Road, Suite 100, San Antonio, TX. 78229

q. New Braunfels VA Outpatient Clinic: 790 Generations Drive, Suite 700, New Braunfels, TX. 78130

r. San Antonio Pecan Valley VA Clinic: 3418 East Southcross Blvd., San Antonio, TX.

78223

s. Southwest VA Clinic: 2310 Southwest Military Drive, Suite 304, San Antonio, TX. 78224

t. Kerrville VA Medical Center: 3600 Memorial Blvd, Kerrville, TX. 78028

6. ORDERING:

Orders shall only be placed by the appointed Ordering Officers (OO) for this Contract or via a delivery order from a Contracting Officer. A list of appointed OOs will be provided to the vendor. Updates to the OO list will be provided to the vendor throughout the life of the contract.

7. DELIVERY AND BILLING

7.1 Contractor should make deliveries within three (3) Business days (72hrs) of receipt of order (excluding Federal Holidays).

7.2 If Contractor is unable to complete delivery within 72 hours of receipt of order, Contractor must reach out to requestor via phone and/or email providing reason for delay as well as expected delivery date and time or provide alternate source of supplies at no additional cost to STHVCS.

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

7.4 STVHCS requires at least two (2) Medical Gas Transportation and Materiel Handling Certified/Accredited Technicians.

7.5 The Contractor shall provide technician with DOT approved vehicle to transport compressed Medical Gas Cylinders and Liquid Nitrogen for transport between facilities when needed.

7.6 The technician is required to provide the POC with a legibly signed and dated electronic delivery ticket after each delivery. Upon delivery, the technician will verify the cylinder count of all full cylinders being delivered and all empty cylinders being picked up. Both cylinder counts will be noted on the delivery ticket. The technician shall sign the delivery slip.

7.7 The technician shall deliver the medical gas cylinders to the Medical Gases Storage location(s) to replenish medical gas cylinder inventory as needed. The Contractor is required to provide the facility order form and delivery ticket to the POC. The following information applies to all deliveries, regardless of the time or day of execution.

7.8 The delivery slip/ticket for Government Furnished Equipment (GFE) must include:

a. The number of cylinders at the Contractor’s facility prior to delivery

b. The number of cylinders being delivered

c. The number of cylinders being picked up

d. If one-for-one matching is not accurate, missing cylinder quantities will be identified and documented on the delivery slip of government-owned cylinders.

7.9 The delivery slip/ticket for contractor-provided cylinders must include:

a. Contract Number, Facility PO Number or Delivery Order number

b. Location Name and Account number for the specific delivery location

c. Date of Order

d. Date of Delivery

e. Item number(s) (LIN) and/or product identification number(s)

f. Quantity of each gas and cylinder ordered

g. Items ordered and not delivered

h. The number and type of cylinders being delivered

i. The number and type of cylinders being picked up

7.10 Contractor shall provide access to the scanned copy of the delivery slip to the POC through electronic means (e-mail or otherwise).

8 HOURS OF COVERAGE:

8.1 The vendor shall provide telephone support 24 hours a day, 7 days a week.

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

8.3 The vendor shall provide planned maintenance scheduled at a mutually agreeable time Mondays - Fridays, 7:30 AM-4:30 PM local site time excluding Federal Holidays.

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

8.5 Federal Holidays observed by the STVHCS, and any other day declared a holiday by the President of the United States:

Federal Holidays Date of Observation New Year’s Day January 1 Birthday of Martin Luther King, Jr. Third Monday in January Washington's Birthday Third Monday in February Memorial Day Last Monday in May Juneteenth June 19 Independence Day July 4 Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day November 11 Thanksgiving Day Fourth Thursday in November Christmas Day December 25

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

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

9 CYLINDERS AND OTHER CONTAINERS

9.1 Laws and Regulations:

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

9.2 Marking:

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

9.3 Color Coding:

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

9.4 Valves:

Valves shall comply with CGA Safety Bulletin SB-26 dated August 2014 and CGA Publication V-1 -- Compressed Gas Association Standard for Compressed Gas Cylinder Valve Outlet and Inlet Connections, dated May 2013. Valve protection caps for cylinders designed to receive such caps shall be securely attached to the cylinders in a manner to protect the valves from injury during transit and delivery to the purchaser's receiving area.

For liquid containers, all fittings must be permanently brazed to prevent their removal. In addition, each container should contain a 360-degree cryo-band applied at the top of the container with the drug product name repeated around the entire container.

9.5 Retest Date:

If applicable DOT regulations would require retesting of cylinder within three (3) months after scheduled date of shipment to Continental U.S. destination, or within six (6) months after scheduled date of shipment to overseas destination, cylinder shall be retested.

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

9.6 Method:

Government-owned cylinders which are eligible for extended hydrostatic retest period, testing by modified hydrostatic method, or visual inspection in lieu of hydrostatic testing, shall be serviced by the most economical means which will comply with Department of Transportation regulations (49 CFR 173.34) unless otherwise specified by the ordering activity. When modified or reduced DOT test requirements are contingent upon past usage of the cylinders, a written statement from the ordering activity indicating that the cylinders have been used exclusively for a specific gas may be considered acceptable evidence of the cylinders' eligibility for modified testing or inspection.

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

9.8 Visual inspection shall be performed in accordance with the applicable CGA Publications C-

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

9.9 The Contractor shall be responsible for all testing of Contractor-owned cylinders at no additional cost to the Government. The government shall pay for the hydrostatic testing of government-owned cylinders at the prices listed in attachment D.1.

9.10 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.

9.11 Individual Agency Ownership of Cylinders:

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

9.12 Lost or Damaged Contractor-Owned Cylinders:

For each Contractor-owned cylinder lost or damaged beyond repair while in the Government’s possession, the Government shall pay to the Contractor the replacement value.

These cylinders shall become Government property. The Government will not pay cylinder rental fees from the date of audit.

9.13 Method of Shipment:

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

9.14 Transportation of Cylinders:

All transportation charges for empty government-owned and Contractor-owned cylinders from the ordering facility to the Contractor’s facility shall be included in contract pricing.

10 PRICE OF SERVICES FOR GOVERNMENT-OWNED AND CONTRACTOR-

OWNED CYLINDERS

The contractor’s price for the gas shall include the furnishing of all services which are required at each and every filling of a cylinder to comply with applicable regulations, specifications, and normal good practices. Such services shall include but not be limited to:

tags indicating cylinder is "Full," In Use," or "Empty"; inspection, testing, evaluation, and cleaning services required at each and every filling; pin-indexing, when required, and attachment of Government-furnished warning tags, when required. In addition to the services listed in this paragraph, the Contractor is responsible for all maintenance and testing of Contractor owned cylinders.

11 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.

12 LICENSING, AUTHORIZATION, AND SELLING PERMISSIONS

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

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

13 NARA RECORDS MANAGEMENT LANGUAGE FOR CONTRACTS

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

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

13.3 In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

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

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

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

13.7 The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and STVHCS guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

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

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

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

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

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

13.13 The C&A requirements do not apply, and a Security Accreditation Package is not required.

B.3 PRICE/COST SCHEDULE

Minimum and Maximum Amounts for this IDIQ. Minimum guarantee on this IDIQ is $2,500.00. The maximum amount for this IDIQ shall not exceed $950,000.00. The government does not guarantee that it will place any orders under this contract in excess of the guaranteed minimum.

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

BASE PERIOD: Medical Gases and Cylinders The contractor shall provide medical gases, medical gas cylinder rentals and emergency delivery IAW the Statement of Work at the prices in Attachment D.1 Tab 1 for Year 1.

Contract Period: Base POP Begin: 10-31-2025 POP End: 10-30-2026

PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6830 - Gases: Compressed and Liquefied

OPTION PERIOD ONE: Medical Gases and Cylinders and emergency delivery IAW the Statement of Work at the prices in Attachment D.1 Tab 2 for Year 2.

Contract Period: Option 1 POP Begin: 10-31-2026 POP End: 10-30-2027

OPTION PERIOD TWO: Medical Gases and Cylinders and emergency delivery IAW the Statement of Work at the prices in Attachment D.1 Tab 3 for Year 3.

Contract Period: Option 2 POP Begin: 10-31-2027 POP End: 10-30-2028

OPTION PERIOD THREE: Medical Gases and Cylinders and emergency delivery IAW the Statement of Work at the prices in Attachment D.1 Tab 4 for Year 4.

Contract Period: Option 3 POP Begin: 10-31-2028 POP End: 10-30-2029

OPTION PERIOD FOUR: Medical Gases and Cylinders The contractor shall provide medical gases, medical gas cylinder rentals and emergency delivery IAW the Statement of Work at the prices in Attachment D.1 Tab 5 for Year 5.

Contract Period: Option 4 POP Begin: 10-31-2029 POP End: 10-30-2030

B.4 DELIVERY SCHEDULE

Delivery schedule and locations will be specified at the delivery order level. Locations will include those listed in the SOW. All deliveries shall be 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) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.2 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

52.237-3 CONTINUITY OF SERVICES

JAN 1991

C.3 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 10/31/2025 through 10/30/2030.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery…