Solicitation 36C26024Q0953.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

TBD

36C26024Q0953 11-21-2024

Jennifer Robles; jennifer.robles1@va.gov 253-888-4924 12-30-2024

1PM EST

36C260

Department of Veterans Affairs

Network Contracting Office 20 (V4CONT)

1601 E. Fourth Plain Boulevard

Building 17, Suite B428

Vancouver WA 98661

X 100

X

325120

1200 Employees

Net 30

N/A

36C496

Department of Veterans Affairs

Veterans Integrated Service Network 20

Multiple Locations

See Section B.4, Statement of Work

36C260

Department of Veterans Affairs

Network Contracting Office 20 (V4CONT)

1601 E. Fourth Plain Boulevard

Vancouver WA 98661

FMS-VA-2(101)

Financial Services Center

PO Box 149971

Austin TX 78714-9971

Department of Veterans Affairs, Veterans Integrated Service

Network 20 (VISN 20) intends to establish a Single Award

Blanket Purchase Agreement (BPA) to provide medical-grade liquid bulk oxygen, bulk oxygen storage devices and associated services.

See Section B.4, Statement of Work for full requirements.

Obligations will be funded by task orders.

Period of performance:

Base: 02/01/2025 - 01/31/2026

Option Period 1: 02/01/2026 - 01/31/2027

Option Period 2: 02/01/2027 - 01/31/2028

Option Period 3: 02/01/2028 - 01/31/2029

Option Period 4: 02/01/2029 - 01/31/2030

Questions due by 12/03/2024. 1PM Eastern Standard Time.

Proposals due by 12/30/2024, 1PM Eastern Standard Time.

Email Questions and Proposals to Jennifer.Robles1@va.gov.

TBD

X 1

Jennifer Robles

VA-VHA-RPOW-2023-0015

36C26024Q0953

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 STATEMENT OF WORK

B.2 TERMS AND CONDITIONS

B.3 ADMINISTRATIVE DATA

B.4 PRICING DATA

B.5 OPTION TO EXTEND THE TERM OF THE BPA

B.6 GENERAL SUPPLY ORDERS

B.7 AUTHORIZED LIMITS

B.8 OBLIGATION OF FUNDS

B.9 PERIOD OF PERFORMANCE

B.10 AUTHORIZED INDIVIDUALS

B.11 ORDER FORMAT

B.12 AUTHORIZED REPRESENTATIVES

B.13 FEDERAL HOLIDAYS

B.14 INVOICES

B.15 PRECEDENCE

SECTION C - CONTRACT CLAUSES

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

COMMERCIAL SERVICES (NOV 2023)

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

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

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

C.5 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED

VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

C.6 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF

COMPLIANCE FOR SUPPLIES AND PRODUCTS (JAN 2023) (DEVIATION)

C.7 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.8 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

C.9 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

C.10 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

C.11 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 WAGE DETERMINATIONS

D.2 LIST OF ATTACHMENTS – PRICE/COST SCHEDULE ITEMIZED

SECTION E - SOLICITATION PROVISIONS

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

SERVICES (SEP 2023)

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

REPRESENTATION AND DISCLOSURES (DEC 2023)

E.5 52.212-2 EVALUATION—COMMERICIAL ITEMS

E.6 BASIS OF SELECTION

E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (MAY 2024)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 STATEMENT OF WORK

VISN 20 Medical Bulk Liquid Oxygen

Background

The VA Northwest Health Network, Veterans Integrated Service Network (VISN) 20, is responsible for providing health care to Veterans in the states of Alaska, Washington, Oregon, most of the state of Idaho, and one county in Montana. The VISN 20 sites listed under the Places of Performance require delivery of medical bulk oxygen, tank rental (Portland, Oregon location only), and telemetry monitoring service.

Scope

This BPA will provide VISN 20 with delivery to refill bulk oxygen tanks with medical bulk oxygen within the Contractor’s standard delivery timeframe or 7 calendar days after delivery request (whichever is shorter) and upon request by the sites, emergency delivery will provide ordered items within 24 hours.

The BPA will also provide telemetry Monitoring Service, including installation of the needed items, to monitor the bulk liquid oxygen level in a storage device and liquid bulk oxygen storage device tanks as a rental to the VA, with delivery, removal, and maintenance included.

All products, equipment, and services provided shall comply with applicable Federal, state, and local regulations.

Acronyms

CFR – Code of Federal Regulations CGA – Compressed Gas Association CGMP – Current Good Manufacturing Practices C-O – Contractor-owned CO – Contracting Officer COR – Contracting Officer Representative FDA – U.S. Food & Drug Administration G-O – Government-owned NFPA – National Fire Protection Association OSHA – U.S. Department of Labor, Occupational Safety and Health Administration USP – United States Pharmacopeia

Basic Informational Requirements

Upon award of a Task Order, the contractor shall provide to the ordering CO:

1. Contractor’s regular work hours.

2. Contractor’s telephone number for call-in orders during regular work hours.

3. Contractor’s telephone number and instructions for placing “Emergency” service calls.

4. Contractor’s telephone number for expert advice concerning awarded products.

Basic Performance Requirements

Upon award of a Task Order, these basic performance requirements shall take place:

1. Items will be delivered in accordance with individual TOs.

2. Delivery and service scheduling will be provided in the TO or by the CO.

3. The Contractor shall notify the ordering CO, their COR (if any), and administering CO immediately in the event of a product recall.

Liability Insurance Requirements

The contractor shall maintain liability insurance in the amount of $1 million per occurrence and shall provide an annual Certificate of Liability to the administering CO and to each ordering CO.

Licensing, Authorization, and Selling Permissions

1. If the Contractor is the manufacturer of the bulk liquid oxygen being supplied, the Contractor shall annually provide verification to the administering CO and any ordering COs that it holds current licensing, permits, certifications, and/or registrations required by the relevant regulatory authorities in the service area covered by the contract.

2. If the Contractor is not the manufacturer of the bulk liquid oxygen being supplied, the Contractor shall annually provide verification that the manufacturer from which it obtains the bulk liquid oxygen provided under this contract has current licensing, permits, certifications or registrations required by the relevant regulatory authorities in the service area covered by the contract.

3. If the Contractor is not the manufacturer of the bulk liquid oxygen being supplied, the Contractor shall also provide annual proof of authorization from the manufacturer to resell the bulk liquid oxygen the Contractor is providing. In the event of a change in manufacturer, the Contractor shall provide advance notice to the administering CO and any ordering COs prior to the change taking place and shall provide copies of the new manufacturer’s licenses, permits, certifications or registrations required by the relevant regulatory authorities in the service area covered by the contract. The Contractor shall also provide proof of authorization from the new manufacturer to resell the bulk liquid oxygen the Contractor is providing.

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

Applicable Regulations & Standards

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 comply with applicable Federal, state, and local regulations. If applicable, the editions in effect as of the date of this solicitation are listed. Contractor is responsible for remaining compliant with any future revisions that are effective at the time of contract performance.

1. 21 CFR Parts 210 & 211 - CGMP supplying medical grade oxygen.

2. 29 CFR 1910.104 OSHA Standards for the installation of bulk oxygen systems on industrial and institutional consumer premises.

3. 49 CFR – Transportation

4. Federal Food, Drug, and Cosmetic Act, Chapter V

5. ANSI/CGA M-1 2018 Standard for Medical Gas Supply Systems at Health Care Facilities

6. NFPA 55: Standard for Compressed Gases and Cryogenic Fluid Code, 2013 Edition

7. NFPA 99: Standard for Health Care Facilities, 2015 Edition

8. U.S.P. 23: US Pharmacopoeia & National Formulary – current edition

9. Density data and volume measurement equivalents published in CGA Pamphlet No. P-6, titled

“Standard Density Data, Atmospheric Gases and Hydrogen” shall be used when necessary to convert measurement of gases from one form to another.

For example, the following conversion factor shall apply for conversion from gallons to cubic feet:

Calculation based on data in CGA P-6:

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

7.48052 gal (1 ft³) liquid O2 = 860.6 ft³ gas 1 gal liquid O2 = 860.6 ft³ gas 1 gal liquid O2 = 115.05 ft³ gas or more commonly quoted as 1 gal liquid O2 = 115.1 ft³ gas

10. All medical gases shall conform to specifications prescribed in the USP and the National Formulary.

11. All medical gas manufacturers and fillers of medical gases shall be registered with the FDA.

12. All Contractors that are not the manufacturer shall provide Medical Gas Agreements signed by the manufacture.

13. State Board of Pharmacy Wholesale Distributor Licenses

14. All medical gases shall be manufactured, processed, packed, transported, and stored according to the FDA’s CGMP regulations and Title 21 CFR Parts 210, 211 and 201 for labeling.

15. The following specifications also apply:

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

b. 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.

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

a) Supplier’s name and complete address

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

c) An Air Liquefaction Statement (where appropriate)

d) Lot number or other unique identification number

e) Actual analytical results for full USP monograph testing (A statement that only states that the product meets the minimum purity of 99.5%, etc. is not acceptable)

f) Test method used to perform the analysis (A statement such as “Meets USP specifications” is not acceptable, nor would “Tested via Servomex” be acceptable, since the specific model number is not provided)

g) Signature of authorized supplier representative and date

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

i) A copy of all inspection reports shall be provided to the facility COR upon the completion of any C-O or G-O bulk oxygen system inspections that are required by regulation

Bulk Liquid Oxygen Storage Devices

Storage Device Ownership

G-O bulk liquid oxygen storage devices and appurtenances shall be maintained by and at the expense of the Government in a manner ensuring compliance with applicable regulations, standards, and industry practices.

The Contractor shall not remove G-O devices from the facility without written approval and a record of such from the ordering CO or their designee.

Should the facility cause the loss of a C-O device, or should the Contractor cause the loss of a G-O device, it is between the facility and the Contractor to resolve the issue.

Installation of Contractor-Owned Equipment

All C-O equipment shall be installed in accordance with NFPA 55: Standard for Bulk Oxygen Systems at Consumer Sites, 2010, NFPA 99 Standard for Health Care Facilities, 2005 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.

Contractor-Owned Equipment

The Contractor shall be liable for the integrity, suitability, and safety of C-O devices that will ensure compliance with applicable regulations, standards, and normal good practices. Manifold, cylinders for the reserve supply, liquid converter, alarm switch, regulator, valves, level indicator, and any other devices or connections required for proper tie-ins with the facility’s gas system shall be furnished by the Contractor without additional cost to the Government with all relevant costs included in the monthly rental fee. The manifold or liquid converter shall deliver gas at a pressure and rate of flow adequate to supply the system. Each bulk liquid oxygen storage device shall have an outlet that allows access for testing the purity of the oxygen.

C-O equipment shall be installed, inspected, and maintained by the Contractor without additional cost to the Government with all relevant costs included in the monthly rental fee. C-O equipment shall be kept in good operating condition and appearance in accordance with applicable regulations, standards, and normal good practices. The Contractor shall be provided reasonable access to the bulk liquid oxygen systems for this purpose.

C-O equipment shall be maintained or repaired in accordance with NFPA 55: Standard for Bulk Oxygen Systems at Consumer Sites, 2001 and FDA’s Current Good Manufacturing Practices (CGMP) Regulations.

If the Contractor’s equipment replaces equipment already in use, the exchange of equipment shall be accomplished without interruption of gas supply to the using facility. Contractor installed equipment shall remain the property of the Contractor and shall be removed upon termination of the contract, when directed by the ordering facility, and in full cooperation with the succeeding Contractor to avoid interruption of oxygen supply.

Should this BPA or a future TO be awarded to a vendor other than the incumbent Contractor, the incumbent Contractor shall not remove the relevant rented storage device(s) until the transition of storage devices can be coordinated and completed. The incumbent Contractor shall continue to provide and maintain its storage devices during this transition period. If additional transition time is required beyond TO or contract expiration, separate contract arrangements shall be made by the ordering facility.

Bulk Fills

Storage devices will be filled to maximum functional capacity at each refilling procedure unless otherwise specified in the facility’s TO requirements or as agreed upon in a written document signed and dated by the COR.

At the time of each delivery, Contractor must provide a legible signed and dated physical document that identifies the tank level prior to fill, the level after fill, and the quantity delivered. This document must be counter-signed by the facility representative supervising the delivery.

Storage Device Sizes, Locations, and Ownership

Tank Size and Location Currently Contractor Owned

(CO)

or Government Owned (GO)

Size: 3000 gallons Main - Boise VA Medical Center 500 West Fort Street Boise, ID 83702

CO (rental covered on different contract)

Size: 500 gallons Backup - Boise VA Medical Center 500 West Fort Street Boise, ID 83702

CO (rental covered on different contract)

Size: 1500 gallons Main - Mann-Grandstaff VA Medical Center 4815 N Assembly Street Spokane, WA 99205*No Backup Tank Fill Needed (Cylinder refills covered on deferent contract)

GO

Size: 3000 gallons Main - Portland VA Medical Center 3710 SW US Veterans Hospital Rd Portland, OR 97239

CO

Size: 500 gallons Backup - Portland VA Medical Center 3710 SW US Veterans Hospital Rd Portland, OR 97239

CO

Size: 1500 gallons Main - Portland VA Medical Center-Vancouver 1601 E Fourth Plain Blvd Vancouver, WA 98661

GO

Size: 400 Liter Backup - Portland VA Medical Center-Vancouver 1601 E Fourth Plain Blvd Vancouver, WA 98661

GO

Size: 3000 gallons Main - Roseburg VA Medical Center 913 NW Garden Valley Blvd Roseburg, OR 97471

GO

Size: 1500 gallons Backup - Roseburg VA Medical Center 913 NW Garden Valley Blvd Roseburg, OR 97471

GO

Size: 500 gallons Main - VA Puget Sound HCS American Lake Division 9600 Veterans Drive Tacoma, WA 98493 BLDG 81*No Backup Tank Fill Needed (Cylinder refills covered on deferent contract)

GO

Size: 1500 gallons Main - VA Puget Sound HCS American Lake Division 9600 Veterans Drive Tacoma, WA 98493 BLDG 200*No Backup Tank Fill Needed (Cylinder refills covered on deferent contract)

GO

Size: 6000 gallons Main - VA Puget Sound HCS Seattle Division 1660 South Columbian Way Seattle, WA 98108

GO

Size: 900 gallons Backup - VA Puget Sound HCS Seattle Division 1660 South Columbian Way Seattle, WA 98108

GO

Storage devise sizes shown above are the sizes required by the VISN 20 facilities covered by this contract. All capacities are approximate, and the Government shall be billed only for actual amounts used.

In accordance with the Federal Food, Drug and Cosmetic Act, the actual contents of the storage device must appear on the label.

The Government is responsible for providing a pad sufficiently rated by a Certified Project Engineer to support main and reserve tanks filled to full capacity. This includes security fencing, NFPA 55 & 99 code compliance, and safe access for resupply operations.

Laws and Regulations

Storage devices for gases 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 liquid oxygen shall comply with the Federal Food, Drug, and Cosmetic Act.

Marking

In addition to marking required by the aforementioned laws and regulations, marking shall comply with:

1. American National Standards Z48.1-1954 (R 1971), “Method of Marking Portable Compressed Gas Containers to Identify the Material Contained.”

2. CGA Publication C-7-Guide to Preparation of Precautionary Labeling and Marking of Compressed Gas Containers, dated 10/21/2011.

3. 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.

4. Handbook of Compressed Gases, Chapter 10.

All unauthorized or inapplicable markings, tags, and labels shall be removed.

When shipment is by commercial carrier, shipping tags complying with Federal Standard 123G dated 6/6/1997 shall be attached to each storage device to be protected by the valve protection cap. The contract data markings required by the applicable standard shall be applied to one side of the tag and the identification markings on the reverse side. Consignee markings may be omitted when shipment is by Contractor's truck.

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 storage device designed to receive such caps shall be securely attached to the storage device in a manner to protect the valves from injury during transit and delivery to the purchaser's receiving area. For liquid storage devices, all fittings must be permanently brazed to prevent their removal. In addition, each storage device should contain a 360-degree cryoband applied at the top of the storage device with the drug product name repeated around the entire storage device.

Services

The Contractor shall provide the following services:

Training

Prior to first filling, Contractor must perform in-service training to include the following facets for C-O and G-O systems:

1. the refill procedure,

2. any preventive maintenance support requirements that may be needed from the facility, and

3. an explanation of the volume alarm and low pressure set-points.

4. Contractor shall provide written procedures and training for VA staff for protocols to accomplish emergency shutdowns or other sudden, unplanned termination of the refilling process.

5. Contractor shall provide 24/7 emergency contact name(s) and telephone number(s).

Delivery

The Contractor shall deliver ordered bulk liquid oxygen to the locations indicated on individual TOs. The Contractor and the CO (or their designee) shall coordinate the delivery time, location, and other details.

The ordering facility may choose to use telemetry monitoring services from the Contractor to time their deliveries. If an ordering facility uses telemetry monitoring to automate the placing of delivery orders, the ordering facility shall define the fill point at the beginning contract to be used and properly account for order automation risk regarding funding.

Deliveries shall be considered timely if made within the Contractor’s standard delivery timeframe or 7 calendar days after delivery request (whichever is shorter), or within 24 hours of the order being placed if it is an Emergency order. Failure of the Contractor to remain current with agreed upon delivery schedule and requirements does not constitute an “emergency” for purposes of charging an Emergency Delivery Fee.

The Contractor’s delivery vehicles and delivery personnel shall meet the relevant federal, state, and local standards.

Emergency Supply Support

The ordering facilities may be designated Federal Emergency Medical Facilities with significant contingency and emergency response roles. Accordingly, the Contractor shall provide to ordering facilities a contingency plan offering strategies to provide emergency supply support during major catastrophic events. The contingency plan will clearly detail and identify the number of storage devices used and document the process and timeline for initiating and furnishing supplies for the system. These strategies shall include the option to pre-prepare order lists tailored to potential catastrophic events likely to occur in their area (fire, mass contamination, epidemic, earthquake, tornados, typhoons, etc.) at no additional costs. Should the deliveries be needed, the Contractor must perform full delivery to the ordering facility of the required quantities of 90% or more of the order within 24 hours of ordering by the facility, with 99% or more of remaining quantities delivered within the next 24-hour period. These deliveries may use the Emergency Delivery Fee.

Alarm Set-Point Testing

Prior to first filling and annually thereafter, alarm set-point testing and written verification must be presented using a qualified third-party expert per NFPA 99, 2015 Edition for C-O and G-O systems. Any code deficiencies in the facility’s existing system, as defined by NFPA 55, Chapter 9 “Bulk Oxygen System” must be identified by the Contractor. A detailed explanation of these deficiencies must be presented in writing to the ordering CO (or their designee), who must also sign for the explanation.

Gauge Testing

Prior to first filling and annually thereafter, the Contractor must verify, in writing, the accuracy of all gauges on C-O tanks. If the gauge(s) are G-O and it is requested after TO award, Contractor will provide a written proposal with price to verify accuracy of the gauge(s). The individual facility may choose whether or not to accept this proposal.

Services For Government-Owned and Contractor-Owned Storage Devices The Contractor’s price for bulk liquid oxygen fills shall include the furnishing (at no additional cost) of all services which are required at each and every filling of a storage device to comply with applicable regulations, specifications, and normal good practices. Such services shall include but not be limited to:

1. tags indicating cylinder is “Full”, “In Use”, or “Empty”,

2. routine inspection, testing, evaluation, spot de-icing, and cleaning services required,

3. pin-indexing (when required),

4. attachment of Government-furnished warning tags (when required).

The Contractor is responsible for all maintenance and testing of C-O storage devices.

Measurement And Conversion Computation

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 the oxygen from one form to another (for example, from cubic feet to gallons).

Workplace Conditions

Contractor’s personnel provided under this contract are employees of the Contractor and shall not be considered VA employees. Contractors working on VA property shall be subject to the same rules and regulations as all contracted employees.

Parking is allowed only in areas not designated for patient use. All traffic laws and parking rules on the grounds are strictly enforced. Failure to follow these laws and regulations may result in a citation being issued that will have to be resolved through the Federal Court system.

Prior to reporting to work, the Contractor will need to contact the ordering facility’s designated point of contact to arrange an escort to the on-site badging department. VA staff will issue a temporary ID badge to the Contractor employee, who will then properly display the badge while working onsite. Upon completion of the assignment, the Contractor employee will return the badge.

The VA reserves the right to refuse any Contractor access to VA property, for any or no reason.

Contractors shall comply with all security requirements imposed by the ordering facility. Contractors shall not receive personal telephone calls or texts on their cell phone while rendering services. A VA employee must accompany Contractors who are providing services. The Contractor shall remove and dispose of any waste related to providing the ordered services.

Places of Performance

Portland VA Medical Center Vancouver VA Medical Center 3710 SW U.S. Veterans Hospital Road 1601 E Fourth Plain Blvd Portland, OR 97239 Vancouver, WA 98661

VA Puget Sound Health Care System VA Puget Sound HCS American Lake Division 1660 S. Columbian Way 9600 Veterans Drive Seattle, WA 98108 Tacoma, WA 98493

Mann-Grandstaff VA Medical Center Roseburg VA Health Care System 4815 N. Assembly Street 913 NW Garden Valley Blvd.

Spokane, WA 99205 Roseburg, OR 97471

Boise VA Medical Center 500 West Fort Street.

Boise, ID 83702

VA Facility Hours of Operation Standard operating hours for CBOCs and larger VA facilities are normally 8:00 AM to 4:30 PM Monday through Friday in the time zone of the facility, excluding federal holidays.

VA Emergency Departments normally operate with 24-hour coverage.

TOs may require services to be available 24/7, 365 days a week to include Federal Holidays.

Federal holidays are:

• New Year’s Day

• Birthday of Martin Luther King, Jr.

• Washington’s Birthday

• Memorial Day

• Juneteenth National Independence Day

• Independence Day

• Labor Day

• Columbus Day

• Veterans Day

• Thanksgiving Day

• Christmas Day

• And any other day specifically declared by the President of the United States to be a

National Holiday.

B.2 TERMS AND CONDITIONS

The Contractor agrees to the following terms of a Blanket Purchase Agreement (BPA) EXCLUSIVELY WITH the Department of Veterans Affairs:

B.3 ADMINISTRATIVE DATA

A Blanket Purchase Agreement (BPA) is hereby established between TBD and the Department of Veterans Affairs under the following terms and conditions incorporated in this BPA:

Primary Point of Contact: TBD

Alternate Point of Contact: TBD

SAM Unique Entity Identifier (UEI): TBD

Cognizant Office (Include complete address):

Network Contracting Office 20 (V4CONT) 1601 E. Fourth Plain Boulevard Building 17, Suite B428 Vancouver WA 98661

B.4 PRICING DATA

1. The prices included on the BPA list (or applicable "discounted" rates submitted in a proposal response to an RFQ resulting in award) that are in effect on the effective date of an order shall govern that order's basic performance period. With regard to any option years, which are later exercised, the proposed option year rates as incorporated into the order award are in effect until such time, if applicable, that the contractor has been authorized a rate increase culminating from a negotiation with the Contracting Officer.

2. The BPA holder can voluntarily reduce offered prices at any time by giving 24-hour advance notice (by facsimile or electronic-mail) to the Department of Veterans Affairs/Contracting Officer. This BPA also allows for additional discounts if a "large order" is placed at one time. An advanced notice is not required for discounts offered for only an individual order. Whether an order is large enough to warrant such a discount is subject to the discretion of the BPA holder.

3. The BPA holder may also increase BPA prices at any time. Any BPA price increase shall not take effect until the Department of Veterans Affairs Contracting Officer receives written notification (U.S.

mail, facsimile, or electronic-mail). Any order already issued shall not be affected by any change to BPA pricing. The prices offered under this BPA will undergo annual review by the Department of Veterans Affairs Contracting Officer.

B.5 OPTION TO EXTEND THE TERM OF THE BPA

a. The Government may extend the term of this BPA by written notice to the Contractor at any time prior to the expiration of the BPA, provided that the Government shall give the Contractor a preliminary written notice of its intent to extend at least 5 days before the BPA expires. The preliminary notice does not commit the Government to an extension.

b. If the Government exercises this option, the extended BPA shall be considered to include this option provision.

B.6 GENERAL SUPPLY ORDERS

A properly appointed Department of Veterans Affairs Contracting Officer will request a quote from the Contractor based upon the requirements of the individual calls/orders, usually in the form of a Statement of Work (SOW). The information provided to the Contractor will include the place of performance, required period of performance, and other particular task requirements. Travel may be required (reimbursement of travel expenses will be IAW applicable Federal travel regulations). The vendor will reply within 14 business days with a Firm-Fixed-Price quote depending on the details required by the SOW. The Contractor may offer additional spot discounts on any order, as they deem appropriate. All subcontractor activity must be clearly identified in each new order proposal as applicable.

B.7 AUTHORIZED LIMITS

The Government estimates, but does not guarantee, that individual BPA Orders placed against this Agreement may reach $500,000.00/per Order. This Order Limit may be increased by mutual agreement of the parties as necessary, in whole or part. The authorized Ceiling Limit of the Agreement is set at $2,500,000.00 over the period covered by the Agreement; this ceiling is also not a guarantee. The Ceiling Limit may also be raised in association with Order Limit increases or other conditions which, by mutual agreement of the parties, maybe considered necessary. Authorization for individual orders above the stated order and/or Ceiling Limits must be coordinated through the Contracting Officer before larger valued orders can be issued and prior to commencement of work. All unauthorized work, regardless of amount, will be processed through the ratification process.

B.8 OBLIGATION OF FUNDS

This BPA does not obligate any funds. The Government is obligated only to the extent of authorized orders actually issued under the BPA by the Contracting Officer.

B.9 PERIOD OF PERFORMANCE

This BPA expires on 01-31-2030 or such later ending date as determined by the exercise of any option.

B.10 AUTHORIZED INDIVIDUALS

Individuals Authorized to Place Orders:

DVA authorizes the following entities to place orders:

Network Contracting Office (NCO) 20 Contracting Officer

B.11 ORDER FORMAT

Orders will be placed against this BPA via e-mail, Electronic Data Interchange (EDI), FAX, or in hardcopy format. Each individual BPA Order will describe the tasks, services and deliverables required.

B.12 AUTHORIZED REPRESENTATIVES

The primary Contracting Officer (CO) for this Agreement is:

Jennifer Robles Contracting Officer Department of Veterans Affairs Network Contracting Office 20 (V4CONT) 1601 E. Fourth Plain Boulevard

Vancouver, WA 98661 jennifer.robles1@va.gov The Primary Contracting Officer's Representative (COR) or VISN 20 Point of Contact (POC) for projects under this Agreement is:

TBD

The Secondary Contracting Officer's Representative (COR) or VISN 20 Point of Contact (POC) for projects under this Agreement is:

TBD

The Primary and/or Secondary COR or VISN 20 Point of Contact (POC) will be responsible for technical monitoring of the contractor's performance and deliveries. The COR or VISN 20 POC and the Contractor's Representative shall work together to ensure that all contractual requirements are being met. The COR or VISN 20 POC will interpret specifications or technical portions of the work. The COR and/or the VISN 20 POC are not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government. Only a warranted Contracting Officer is authorized to obligate funds on this or any other contract action.

The contractor shall immediately notify the Contracting Officer in writing if the COR or VISN 20 POC has taken an action (or fails to take action) or issues directions (written or oral) that the contractor considers to exceed the above limitations.

The contractor shall provide the Contracting Officer information copies of all correspondence to the COR or VISN 20 POC.

B.13 FEDERAL HOLIDAYS

Unless specifically authorized in writing by the Contracting Officer, no services will be provided and no charges will be incurred and/or billed to any order on this contract on any of the Federal Holidays listed below.

New Year’s Day Labor Day Birthday of Martin Luther King, Jr. Columbus Day Washington’s Birthday Veterans' Day Memorial Day Thanksgiving Day Juneteenth Christmas Day Independence Day

B.14 INVOICES

a. Inspection and acceptance shall be accomplished as follows: The Government, for all services furnished under any resulting order, hereby designates the COR or VISN 20 POC in the program office as the point of final inspection and acceptance. The BPA holder will submit each invoice, including all back-up data, to the Contracting Officer (CO) for review and signature. When the CO receives an accurate and complete invoice, he/she will return a signed copy to the BPA holder within five (5) working days. If the invoice is incomplete or inaccurate, the CO will return the unsigned invoice to the BPA holder for correction. The Contracting Officer will then forward the signed invoice to the Chief Financial Officer (CFO) for payment. Final payment for each order will be accomplished by final invoice accompanied by a receiving report.

b. An itemized invoice shall be submitted to the CO at least monthly or upon expiration of this BPA, whichever occurs first, for all deliveries made during a billing period and for which payment has not been received. Copies of delivery tickets shall support these invoices. "Approved-for-payment" invoices will be submitted to the payment address specified on each individual order issued under this BPA.

B.15 PRECEDENCE

The Terms and conditions included in this BPA apply to all purchases made pursuant to it. In the event of an inconsistency between the provisions of this BPA and the Contractor's invoice, the provisions of this BPA will take precedence.

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.