36C25726Q0738 0001.pdf

36C25726Q0738 0001 CONTINUATION PAGE

5. PROJECT NUMBER (if applicable)

CODE 7. ADMINISTERED BY

2. AMENDMENT/MODIFICATION NUMBER

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

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

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED

PAGE OF PAGES

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED

BPA NO. 1. CONTRACT ID CODE

FACILITY CODE CODE

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

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

E. IMPORTANT:

is extended,

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

12. ACCOUNTING AND APPROPRIATION DATA

(REV. 11/2016)

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

15C. DATE SIGNED

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

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

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

D. OTHER

Contractor

16C. DATE SIGNED

14. DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED STATES OF AMERICA

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

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

15B. CONTRACTOR/OFFEROR

STANDARD FORM 30 PREVIOUS EDITION NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.243

(Type or print) (Type or print)

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

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

(If other than Item 6)

(Specify type of modification and authority)

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

(If required)

(SEE ITEM 11)

(SEE ITEM 13)

(X)

CHECK

ONE

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

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

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

1 18

0001 07-27-2026

36C257

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

36C257

NCO 17

Department of Veterans Affairs North Texas Veterans Health Care Center 124 E. Hwy 67, Suite 100 Duncanville TX 75137

36C25726Q0738

X

X X

** HOUR & DATE for Receipt of Offers is EXTENDED to: 08-03-2026 3PM CDT

See CONTINUATION Page

The purpose of this amendment is for the following:

1. Post Site Visit

2. Post Questions & Answers

3. Post Update Cost Schedule and SOW

4. Add Clause 52.228-5 Insurance-Work on a Government Installation (JAN 1997)

5. Extend solicitation to 08-03-2026 at 3PM CDT.

6. There are no more changes to the terms and conditions.

Donald Smith Contracting Officer

A.1 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

14,400.00 CCF __________________ __________________

Medical grade oxygen- 1,500 Gallon tank

Contract Period: Base POP Begin: 08-15-2026 POP End: 08-14-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6835 - Medical Gases

12.00 MO __________________ __________________

Rent for 1,500 gal tank

Contract Period: Base POP Begin: 08-15-2026 POP End: 08-14-2027

Fuel Surcharge

Contract Period: Base POP Begin: 08-15-2026 POP End: 08-14-2027

1.00 EA __________________ __________________

Removal of old tank and Installation of new tank

Contract Period: Base POP Begin: 08-15-2026 POP End: 08-14-2027

1.00 EA __________________ __________________

Services and supply cost for temporary liquid oxygen services for tank/equipment replacement.

Contract Period: Base POP Begin: 08-15-2026 POP End: 08-14-2027

Medical grade oxygen

Contract Period: Option 1 POP Begin: 08-15-2027 POP End: 08-14-2028

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Contract Period: Option 1 POP Begin: 08-15-2027 POP End: 08-14-2028

Contract Period: Option 1 POP Begin: 08-15-2027 POP End: 08-14-2028

Contract Period: Option 2 POP Begin: 08-15-2028 POP End: 08-14-2029

Contract Period: Option 2 POP Begin: 08-15-2028 POP End: 08-14-2029

Contract Period: Option 2 POP Begin: 08-15-2028 POP End: 08-14-2029

Contract Period: Option 3 POP Begin: 08-15-2029 POP End: 08-14-2030

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Contract Period: Option 3 POP Begin: 08-15-2029 POP End: 08-14-2030

Contract Period: Option 3 POP Begin: 08-15-2029 POP End: 08-14-2030

Contract Period: Option 4 POP Begin: 08-15-2030 POP End: 08-14-2031

Contract Period: Option 4 POP Begin: 08-15-2030 POP End: 08-14-2031

Contract Period: Option 4 POP Begin: 08-15-2030 POP End: 08-14-2031

GRAND TOTAL __________________

SITE VISIT

Vendors are invited to a site visit to observe the site and current conditions of the tank on Tuesday, July 28, 2026, between the hours of 0800 to 1530 CST. Points of contact for site visit is Michelle Stromberg, Michelle.Stromberg@va.gov, 432-263-7361 x7512.

Site visit address: 300 W Veterans Blvd. Big Springs, TX 79720 mailto:Michelle.Stromberg@va.gov

Questions & Answers

1. TYPE OF CONTRACT: As the NAICS for this RFQ is 325210 Industrial Gas Manufacturing, please confirm whether this is a Service Contract or a Supply Contract.

ANSWER: SUPPLY

2. CURRENT CONTRACT INFO: What is the current contract number, and who is the current supplier for this requirement?

ANSWER: current orders are complete with government purchase card.

3. FOB DESTINATION: Please confirm that the contract resulting from this solicitation will be FOB Destination.

ANSWER: YES

4. TANK SET POINTS: PG 8 of 40 (Section 3) in the RFQ states that the “VA Safety and/or Engineering personnel reserve the right to establish different fill point settings for the bulk liquid oxygen tank system. Any amended fill point settings will be communicated to the contractor by the facility’s COR or designated personnel.” Is there any future plan to revise the current tank set points? Please confirm that the GOV is not stating they may change fill points at any time throughout the contract and that fill points may only be modified at the beginning of the contract. If the GOV requests the right to change fill points at any time, then the offeror requests that we be allotted a delivery fee, to be utilized only if the facility changes the fill points mid-contract and results in more frequent deliveries than anticipated prior to award. Offeror pricing is based on estimated annual usage and delivery frequency, and if the facility requires more frequent deliveries mid-contract, then the contractor will be affected by increased distribution costs.

ANSWER: The fill points have not been changed since the current installation was completed years ago. The VA has no plans to change them.

5. TANK / USAGE INFORMATION:

PG 8 of 40 in the RFQ (Section 3) includes the requirement for a 1500-gallon main tank but does not notate a Reserve tank or system. Will the GOV confirm if it utilizes a reserve bulk tank or cylinder manifold as a reserve system? If a cylinder manifold, please also confirm if the cylinders utilized on the manifold are supplied under the facility’s Medical Cylinder Gas contract (and won’t be required under the contract resulting from this solicitation)?

ANSWER: The facility has a cylinder manifold as a reserve. It is not part of this contract.

What are the current tank set points (in inches) for FULL TRYCOCK, REORDER

POINT, REFILL POINT, & LOW-LEVEL ALARM?

ANSWER: The current supplier monitors the level and when the tank reaches 36% they come fill the tank. The VA does not monitor the tank.

What is the average daily oxygen usage (in inches)?

ANSWER: unknown

When was the most recent annual inspection of the tank, and will the GOV provide a copy of this report?

ANSWER: October 16, 2025, inspection attached

Has there been any history of vaporizers icing up due to high volume?

ANSWER: unknown

Are there any planned construction projects on site that may hinder delivery access?

ANSWER: No

Approximately, how often is delivery required (e.g., weekly/monthly/etc.)?

ANSWER: when the tank reaches 36%. There were 8 deliveries in 2025

6. REQUIRED DOCUMENTS / REPORTS: PG 8 of 40 (Section 3) states that “The facility also requires the following: O2 Tank Pad As-Builts, Med Gas EOSC Final Report & Commissioning Report.” Please note that the VA is responsible for providing the contractor with the tank pad as-builts and the EOSC reports prior to any tank installation process. The pad is the property of the GOV and was contracted by the GOV; the same applies to the EOSC connection on site. Will the GOV please confirm that it’s understood that the contractor would not have access to this information and that the VA plans to provide the appropriate plans/reports to the contractor ahead of a bulk tank installation?

ANSWER: The VA does not have this information.

7. OXYGEN UNIT OF MEASURE:

ESTIMATED ANNUAL QUANTITIY: PG 8 OF 40 (Section 3) states that “The contractor shall provide the total cost as well as the unit cost per Cubic Foot (CF) to supply 14,400 CF of medical-grade, liquid oxygen which is the estimated approximate total annual requirement for WTVAHCS.” Additionally, CLIN 0001 also lists 14,400 CF for the quantity. Will the GOV please confirm the amount and unit to be priced should be 14,400 per 100/Compressed Cubic Feet (“CCF”), which is the industry standard billable unit and the amount that more accurately aligns with the facility’s annual projected usage? The amount given of 14,400 CF appears to be an error in unit of measure as that would represent only 144 CCF. Please confirm.

ANSWER: Yes, the correct estimated amount is 14,400 CCF. The unit of issue has been corrected on CLIN 0001,1001,2001,3001 and 4001 and section 3 of the SOW.

QUARTERLY REPORT REQUIREMENT: PG 11 of 40 in the RFQ (Section 8) requires the contractor to provide the COR with a quarterly report of delivery dates/amounts in cubic feet (CF). Again, the industry standard unit is CCF. Will the GOV please confirm that it will accept a quarterly report with amounts listed in CCF?

ANSWER: YES

PROOF OF DELIVERY REQUIREMENT: PG 11 of 40 (Section 8) requires the contractor to convert gallons to CF on the delivery slip. Will the GOV please confirm that it wants the delivery slip converted to CCF, the standard unit that will match the facility’s invoice/reports?

ANSWER:YES

8. STANDARD DELIVERIES: PG 9 of 40 (Section 5) requires the installation of telemetry monitoring, but PG 11 (Section 8) requires the contractor to “…deliver medical-grade liquid oxygen every 21 days on Mondays, or when the reorder point for the tank has reached 36%.”

The requirement to deliver every 21 days seems to be in contradiction to the telemetry requirement, the industry standard that allows the contractor to remotely place a fill order when the reorder point is reached, which would be delivered within (48) hours of the order being placed and may fall on a weekday other than Monday (this aligns with PG 10, where the stated delivery hours are between 8AM and 4PM, Mondays through Fridays). Will the GOV please confirm that telemetry monitoring and orders placed when the reorder point is reached will be the primary means of initiative delivery (with deliveries made Mondays through Fridays)? The 21-day delivery metric specifically on a Monday does not offer the VA any utility and may be a hindrance if the product level is sufficient and unnecessary orders are initiated. Please confirm.

ANSWER: Yes, the monitoring system is the primary means used. When the tank reaches 36% it is refilled.

9. EMERGENCY DELIVERIES: PG 11 of 40 (Section 8) requires emergency deliveries to be made within (24) hours, but a CLIN for emergency deliveries has not been provided. How does the GOV intend to account for costs incurred for any emergency deliveries required within (24) hours that are not the fault of the contractor? Will a CLIN be added for offerors to price this cost, or will the GOV pay by p-card? Please note that any off-cycle deliveries, including weekends and holidays, not due to the fault of the contractor would be considered an emergency delivery and incur an emergency delivery fee.

ANSWER: This will be paid on credit card.

10. EQUIPMENT CONDITION REQUIREMENT: PG 9 of 40 (Section 5) in the RFQ states that “All equipment and materials required to perform on the contract be provided by the contractor must be in brand new condition.” Please confirm that the existing incumbent tanks in place at the VAMC are acceptable if a new contractor is hired and retains the existing oxygen supplier as its subcontractor. This requirement for equipment to be in brand new condition is not realistic if an SDVOSB awardee were to hire the incumbent supplier that already has tanks installed on site at the VA. Additionally, it is common in the industry to install refurbished bulk oxygen tanks since brand new tanks typically require a lead time (and require the VA to bring the pad specs up to NFPA code if the in-use tanks are removed).

ANSWER: If the incumbent is selected they can continue to use the current equipment.

11. TANK INSTALLATION PRICING CLARIFICATION: PG 9 of 40 (Section 5) states that “The installation, inspection and maintenance costs shall be included in the contract’s monthly equipment rental fee for this facility.” However, CLINs 0004 and 0005 include line items for an offeror to price removal/installation of tanks as well as the cost for a temporary/portable oxygen unit during the tank changeover. Because CLINs are provided for the installation costs, will the GOV please confirm that only inspection and maintenance costs should be included in the equipment’s monthly rental fee (CLIN 0002)?

ANSWER: The inspection and maintenance of equipment after installation should be included in the monthly rental fee.

12. TANK INSTALLATION REQUIREMENT: PG 9 of 40 (Section 6) states that “The contractor shall coordinate the tie-in of the new system during the weekend hours so as not to impact clinical operations.” Coordinating the installation/tie-in of the new system during weekend hours is not standard as costs are significantly higher and key VA personnel (including decision makers in positions of authority) are rarely on site outside of business hours. We recommend the installation/tie-in be completed during business hours to mitigate costs and to ensure all essential VA personnel are available and on site. Will the GOV please confirm there is flexibility in coordinating an installation timeframe (if new tanks are needed post-award)?

ANSWER: No, that area is congested during normal business hours and this work will block the road behind the facility. Any VA personnel that is required to be on site will be there.

13. INSURANCE REQUIREMENTS: There is no mention of required liability insurance in the Solicitation. How is the GOV going to validate that offerors are properly insured for NAICS 325120/221210 – the actual requirement for this work to comply with the RFQ? How do offerors confirm to the GOV that they have the correct type of Liability Insurance, and does this need to be affirmed at the time of bid submission (if not, an awarded firm could be turned down or not be able to afford this coverage in the amounts the GOV requires, respective to NAICS 325120)? This is important because there are very few underwriters that will insure small businesses for the distribution of compressed gases and why confirmation of the applicable NAICS is being requested, in accordance with paragraph (a) of FAR 52.228-5 – Insurance Work on a Government Installation.

ANSWER: Added Liability Insurance in the SOW. Verification is an administrative duty and completed after contract award.

14. EVALUATION: PG 34 of 40 in the RFQ (FAR 52.212-2) states that the evaluation approach will be Lowest Priced Technically Acceptable (LPTA). What is the GOV’s rationale for evaluating on an LPTA basis in awarding work as critical as the distribution of medical-grade oxygen, a prescription drug, to a VA Medical Center? How will the GOV deem an offeror is technically acceptable without the requirement of past performance submission requirements as an evaluation factor? We recommend a “Best Value/Most Advantageous” evaluation approach to ensure the VA receives the best possible offer/service instead of just awarding to the offeror with the lowest price that meets the minimum technical requirement.

ANSWER: In accordance with RFO FAR 15.103-2, the Government has a high degree of confidence that reviewing the technical proposals all offerors would not result in the identification of characteristics that would provide value or benefit to the agency. Therefore, LPTA is appropriate. Past performance is not a separate evaluation factor for this procurement. Past performance will be reviewed as part of the Contracting Officer’s responsibility determination prior to contract award in accordance with RFO FAR Part 9.104-1.

15. CONTROLLED UNCLASSIFIED INFORMATION (CUI): Will the contract resulting from this solicitation include any CUI (or any other term/acronym that refers to sensitive contract material within in the VA) – as it pertains to a Cybersecurity Maturity Model Certification (CMMC) for federal contractors?

ANSWER: NO

16. AWARD ELIGIBILITY:

To ensure uninterrupted delivery of medical-grade gases to the VAMC and to avoid post-award delays that could impact patient care, will the GOV revise the solicitation to require SDVOSB offerors to submit, with their proposal submission, evidence that they currently hold all applicable federal, state, and local licenses required for the distribution and delivery of medical-grade gases, including gases classified as prescription drugs, as a definitive responsibility criterion?

ANSWER: Refer to section 7 of the SOW

Given that medical oxygen and other medical-grade gases are life-sustaining products regulated as prescription drugs, does the GOV intend to limit competition to offerors that are already legally authorized to distribute and deliver such products at the time proposals are submitted, in order to avoid delays in commencement of performance following award?

ANSWER: Per FAR 52.212-1 Instructions to offerors, Refer to Volume 2 Technical capability, PG. 33.

Will the status of an offerors’ license (in this case, a registered wholesaler of drugs and/or devices in the state of Texas) be evaluated as a definitive responsibility criterion during the consideration of offers?

ANSWER: Refer to Section 7 of SOW

How will the GOV evaluate a proposal submitted by an offeror that does not possess an active and applicable medical gas distribution license at the time of proposal submission but proposes to obtain or rely upon such licensure after award?

ANSWER: Licensing requirements may be met through an offeror’s subcontractor as supported by case law.

17. FAR/VAAR COMPLIANCE ENFORCEMENT: Please confirm the GOV POC who enforces and ensures post-award compliance with FAR 52.212-4 (Contract Terms and Conditions—Commercial Products and Commercial Services) as well as VAAR 852.219-76 (Limitations on Subcontracting for Supplies and Products/Certificate of Compliance)?

ANSWER: Contracting Officer

18. LICENSING COMPLIANCE FOR THE SDVOSB OFFEROR: Will the GOV please confirm that the required federal and state of Texas licenses and certifications applicable to the SDVOSB offeror must be provided in the name of the Prime Contractor at the time of bid submission (and cannot be delegated to a subcontractor), which is required of an SDVOSB offeror in order to comply with the applicable federal, state, and local regulations in order to meet the requirements of the Statement of Work in this RFQ (wholesale distribution of medical-grade oxygen/compressed gases where medical-grade oxygen is defined by the FDA as a prescription drug)?

ANSWER: Licensing requirements may be met through an offeror’s subcontractor as supported by case law.

19. The pricing schedule identifies estimated annual oxygen usage of 14,400 cubic feet, while the SOW requires a 1,500-gallon tank and deliveries every 21 days or when the tank reaches 36%. Please confirm whether 14,400 CF is the correct annual quantity or whether another unit or quantity was intended.

ANSWER: The unit of issue will be changed from Cubic Feet (CF) to Compressed Cubic Feet (CCF). 14,400 CCF is an estimated annual amount based on an estimated monthly usage of 1200 CCF.

20. Please provide the facility’s actual bulk oxygen usage for the most recent 12 months, including total gallons or cubic feet delivered and the approximate number of deliveries.

ANSWER: Most recent 12 months the tank was filled 8 times during the 12-month period.

21. Please clarify whether the incumbent supplier will disconnect and remove its existing tank and associated equipment, or whether the incoming contractor must perform and price the entire removal.

ANSWER: Incumbent supplier will remove their tank and the incoming supplier will place a new tank.

22. Please provide any available photographs, tank-pad dimensions, as-built drawings, piping and connection details, electrical requirements, reserve-system information, and current telemetry configuration.

ANSWER: The incumbent installed the tank and all associated items. The VA does not have that information.

23. The SOW states that the contractor’s equipment should be installed by the contract effective date but also permits up to 90 days after notice of award. Please confirm the required installation deadline and whether the incumbent will continue providing oxygen until the replacement system is operational.

ANSWER: The incumbent will provide oxygen until the removal of the tank starts.

24. For CLIN 0005, what duration and estimated oxygen usage should offerors assume for the temporary liquid oxygen system?

ANSWER: That is based on the length of time it takes to replace the tank. A 100-gallon tank should be used for the temporary oxygen and monitored to make sure it doesn’t fall below 25 gallons. It may require refilling if the new tank takes several days.

25. Does the facility have an existing temporary or emergency oxygen connection? If so, please provide its location, size, type, and configuration.

ANSWER: No, we do not have an emergency connection.

26. Please clarify whether the contractor must furnish temporary fencing, crash protection, barriers, concrete work, electrical modifications, or other site preparations required for the temporary and permanent systems.

ANSWER: Yes, they must protect any equipment outside the crash protection.

27. Please clarify which costs should be included under CLIN 0004 versus the monthly tank-rental CLIN. Specifically, should CLIN 0004 include rigging, crane services, piping, electrical work, permits, inspections, commissioning, and weekend tie-in costs?

ANSWER: CLIN 0004 is all cost associated with removal of old tank and installation of a new one. CLIN 0004 is only required if contractor’s equipment is replacing the current tank.

28. Should the monthly fuel-surcharge CLIN be invoiced each month regardless of deliveries, or only during months in which oxygen is delivered?

ANSWER: Full-surcharge CLIN should only be charged when deliveries are made.

29. Please identify the required format, governing standard, and approval authority for the oxygen tank-pad as-builts, Medical Gas EOSC Final Report, and commissioning report.

ANSWER: The VA does not have this information. The incoming supplier must comply with all federal, state, VA, and local requirements.

30. Please provide the name and contact information of the facility representative responsible for arranging site visits, along with available dates and access requirements.

ANSWER: Please see site visit information above.

STATEMENT OF WORK

1. INTRODUCTION

The West Texas VA Health Care System (WTVAHCS) Located at 300 Veterans Blvd., Big Spring, TX.

Currently has a requirement for the supply of medical-grade liquid bulk oxygen.

2. BACKGROUND

WTVAHCS requires periodic supplies of Medical-Grade Bulk Oxygen. The facility receives Bulk Oxygen with GPC and currently rents the 1500-gallon vertical bulk oxygen tank through its current supplier. The purpose of this requirement is to establish a committed source of supply for medical -grade liquid bulk oxygen to the facility.

3. SCOPE OF WORK

a. WTVAHCS requires the contractor to supply a vertical 1500-gallon tank, that meets NFPA 99 code standards. The tank shall be placed where the existing Tank sits. Removal of existing tank, associated equipment and replacement with new tanks and associated equipment shall be required by the contractor. The contractor shall also provide access to digital readouts at the facility. The facility also requires the following: O2 Tank Pad As-Builts, Med Gas EOSC Final Report & Commissioning Report.

b. The Contractor is responsible for the system up to the connection point at the bulk pad. The

Government is responsible for the system from the tie-in point and throughout the distribution system.

c. Period of performance: Base year plus four 12-month option years. Estimated period of performance 08/15/2026-08/14/2031.

d. The contractor shall provide the total cost as well as the unit cost per Compressed Cubic Foot (CCF) to supply 14,400 CCF of medical-grade, liquid oxygen which is the estimated approximate total annual requirement for WTVAHCS. There is no express or implied guarantee that these quantities will be purchased. VA Safety and /or Engineering personnel reserve the right to establish different fill point settings for the bulk liquid oxygen tank system. Any amended fill point settings will be communicated to the contractor by the facility’s COR or designated personnel.

4. GENERAL REQUIREMENTS

a. Contractor must perform in service training to include the following facets for contractor owned and government owned systems: the refill procedure, any preventative maintenance support requirements that may be needed from the Medical Center systems, and an explanation of all the volume alarms and low pressure set points. The contractor will provide written procedures and training for VA staff for protocols to accomplish emergency shutdowns or other sudden, unplanned termination of the refilling process. Contractor will provide 24/7 emergency contact name(s) and telephone number(s).

b. Contractor must perform prior to first fill and on an annual basis thereafter, an alarm set point testing and written verification. The contractor must use qualified experts per NFPA 99, latest Edition for contractor owned and government owned systems. Any code deficiencies in the Medical Center’s existing system, as defined by NFPA 50, 1.3.3, “Standard for Bulk Oxygen System”, NFPA 55 “Compressed Gases and Cryogenic Fluids Code and ANGI/CGA M-102018 “Standard for Medical Gas Supply Systems and health Care Facilities” must be identified by the contractor. A detailed explanation of these deficiencies must be present in writing to the COR.

Receipt of this written explanation must be signed by the COR.

c. The contractor must verify in writing prior to first fill and on an annual basis thereafter, the accuracy of all gauges on contractor owned tasks. If the gauge(s) are government owned, the contractor shall provide, if requested after award, with a written proposal including price to verify accuracy of the gauges(s). This facility may choose to exercise this option at its desire.

5. CONTRACTOR-FURNISHED EQUIPMENT

a. The contractor shall provide, install, and maintain contractor owned bulk oxygen tank. Through the duration of the contract, the contractor shall be liable for the integrity, suitability, and safety of contractor supplied tanks that will ensure compliance with applicable regulations, standards, and normal good practices.

b. All equipment and materials required to perform on the contract be provided by the contractor must be in brand new condition. Contractor furnished equipment shall be installed, inspected, and maintained by the contractor without additional cost to the Government. (i.e., all installation, inspection, and maintenance costs shall be included in the contract monthly equipment rental fee for this facility.) Contractor furnished equipment shall be kept in good operating condition and appearance, in accordance with applicable regulations, standards and normal good practices. The exterior appearance of the tanks shall be kept free of all rust, peeling, or flaking paint and any other exterior surface blemishes and or discoloration. The contractor shall be provided with reasonable access to the bulk oxygen systems for this purpose.

c. The contractor shall provide and install a telemetry monitoring satellite system to automatically read the meter for deliveries. The installation, inspection and maintenance costs shall be included in the contract’s monthly equipment rental fee for this facility.

6. INSTALLATION OF CONTRACTOR-OWNED EQUIPMENT

a. Unless otherwise directed by the facility, contractor supplied equipment shall be installed by the effective date of the contract and shall be connected to the medical gas system on that date provided that the contractor shall be allowed a maximum of ninety days after receipt of notice of award to complete installation. If the contractor’s equipment replaces equipment already in use, the exchange of equipment shall be accomplished without interruption of gas supply to this facility. Ownership of the contractor’s installed equipment shall not be transferred to the government and equipment 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.

b. If the Contractor requires interruption of services for the tank/equipment replacement, coordination with the hospital is required. The Contractor shall provide a temporary liquid Oxygen supply while exchange of tanks/equipment takes place. The Contractor shall provide a separate line-item price for such work to include services and supply costs for a temporary liquid Oxygen service. The line item shall include temporary equipment and services, duration, and anticipated costs of medical gas supplies for the duration. This cost shall be a line item that affects only the base year final cost and does not affect the permanent tank system price option years. The Contractor is responsible for ensuring that the supply tanks are tied into the existing building distribution system without any interruption service. The contractor shall coordinate the tie-in of the new system during the weekend hours so as not to impact clinical operations.

c. Offerors are strongly encouraged to visit the facility site prior to submitting a bid and take other steps as may be reasonably necessary to ascertain the nature of location of the work, and the general and local conditions which can affect the work or the cost thereof. Failure to do so shall not relieve offerors from the responsibility of estimating properly the difficulty and cost of successfully performing the work. Site visits may be arranged by contacting the COR designated in the solicitation.

d. All contractor supplied equipment shall be installed in accordance with the NFPA 50: Standard for Bulk Oxygen Systems at Consumer Sites, 2001, NFPA 99 Standard for Healthcare Facilities, latest Edition, and FDA’s Current Good Manufacturing Practices (CGMP) Regulations. The contractor shall comply with all OSHA standards and applicable safety requirements, including proper signage and use of personal protective equipment.

e. In addition to digital readout of tank parameters, the contractor will provide the WTVAHCS personnel with access to their website which shows these parameter values in real time.

7. LICENSING, AUTHORIZATION AND SELLING PERMISSIONS

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

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

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

8. LIABILITY INSURANCE REQUIREMENTS.

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

9. DELIVERY OF MEDICAL LIQUID BULK OXYGEN

a. Bulk Oxygen is ordered by and delivered to WTVAHCS . Delivery Location: 300 Veterans Blvd., Big Spring, TX. Delivery hours are Between 8:00am and 4:00pm, Monday through Friday.

Federal Holidays are:

New Year’s Day Martin Luther King Jr.’s Birthday President’s Day Memorial Day Juneteenth Independence Day Veteran’s Day Labor Day Columbus Day Thanksgiving Day Christmas Day and any other day declared a holiday by the President of the United States.

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. When a holiday falls during the work week, delivery will be made the following workday.

b. The contractor shall deliver medical-grade liquid oxygen every 21 days on Mondays, or when the reorder point for the tank has reached 36%. If for any reason the contractor is unable to deliver at the agreed day or time, the contractor will provide 24-hour notice to the COR, so that the facility can initiate an alternate backup action. In accordance with VHA Patient Safety Alert dated April 6, 2004, all deliveries must be monitored by a qualified and trained technical representative that will be designated by the facility. The contractor will be provided with the names and contact information of primary and back-up facility representatives. This applies to all deliveries regardless of time or day of execution.

c. All deliveries must be signed for by the COR or designated POC at the VA Medical Center. A delivery slip must be left for each delivery to verify against each invoice submitted.

d. Tank will be filled to a 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 COR.

e. At the time of each delivery, contractor must provide a legible signed and dated written document that identifies the tank level prior to fill, the level after fill, and the quantity delivered.

The contractor shall convert gallons to CF quantity and list these numbers on the delivery slip.

This document must be counter-signed by this facility representative supervising the delivery.

f. Emergency delivery will be provided within 24 hours after receipt of Government notification.

Contractor must respond to the facility by either telephone or e-mail 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 main bulk tank low level alarm, 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.

g. Contractor shall provide the COR with a quarterly report of delivery dates and amounts to be recorded on a spreadsheet for the calendar year. Amounts shall be shown in cubic feet.

10. QUALITY ASSURANCE SPECIFICATIONS AND REQUIREMENTS

a. All medical gas manufactures and fillers of medical gases must be registered with FDA as drug manufacturers. All oxygen shall be manufactured, processed, packed, transported and stored according to FDA’s Current Good Manufacturing Practices (CGMO) Regulations, and all labeling shall comply with FDA’s labeling regulations (21 CFR Part 201). All liquid bulk oxygen delivered under the contract shall be medical-grade and shall meet or exceed the standards cited in the current edition of the United States Pharmacopoeia/ National Formulary (U.S.P).

b. A valid certificate of analysis shall be provided with each delivery of liquid oxygen. The certificate shall include at a minimum:

• Supplier’s name and complete address

• Name of the Product (i.e. Oxygen U.S.P.)

• An Air Liquefaction statement where appropriate

• Lot number or other unique identification number

• Actual analytical results from full U.S.P. monograph testing. (A statement that only

• states that the product meets the minimum purity of 99.5%, etc. is not acceptable.)

• Test method used to perform the analysis (a statement such as “Meets U.S.P.

• specifications” is not acceptable; nor would “Tested via Servomex” be acceptable

• since the specific model number is not provided)

c. Signature of authorized supplier representative and date.

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

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

f. All contractor-owned equipment shall be maintained or repaired in accordance with NFPA 50:

Standard for Bulk Oxygen Systems at Consumer Sites, 2001 and FDA’s Current Good Manufacturing Practices (CGMP) Regulations.

11. APPLICABLE RULES AND REGULATIONS

a. The following is a list of some of the regulations and standards that are applicable to this contract.

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

• Title 21, Code of Federal Regulations, Parts 210 & 211 0 CGMP regulations for supplying medical grade oxygen.

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

• 49 CFR – Transportation

• Federal Food, Drug, and Cosmetic Act

• NFPA 50: Standard for Bulk Oxygen

12. INFORMATION SECURITY AND PRIVACY

a. Information System Officer, Information Protection: The contractor will not have access to VA Desktop computers.

b. Privacy Officer: During the services provided to the VA, if removal of equipment from the VA is required, any memory storage device will remain in VA control and will not be removed from VA custody. All research data available for Contractor analysis is de-identified. The contractor, their personnel, and their subcontractors shall be subject to the Federal laws, regulations, standards, and VA Directives and Handbooks regarding information and information system security as delineated in this contract. Consistent with the requirements of 38 U.S.C. 5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract. However, it is the policy of VA to forgo collection of liquidated damages in the event the contractor provides payment of actual damages in an amount determined to be adequate by the agency.

c. Training: Per VA Handbook 6500.6, Contract Security Appendix C, All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:

(1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems;

(2) Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training;

(3) Successfully complete the appropriate VA privacy training and annually complete required privacy training; and

(4) Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document – e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements.]

(5) The contractor shall provide to the contracting officer and/or the COR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.

(6) Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.

RECORDS MANAGER

a. Citations to pertinent laws, codes and regulations such as 44 U.S.C chapters 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

b. Contractor shall treat all deliverables under the contract as the property of the U.S.

Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

c. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.

d. 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 by the Freedom of Information Act.

e. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

f. The Government Agency owns the rights to all data/records produced as part of this contract.

g. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

h. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

i. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

j. 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, this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

End of Document