36C26225Q0030_1.docx

36C26225Q0030

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

678-25-1-031-0001 678-25-1-8105-0009/0010

10-01-2024 Oliveros, Victor 818-632-4370 10-10-2024 15:00

PDT

36C262

NCO 22

Department of Veterans Affairs NCO 22 - Gilbert Network Contracting 335 East Germann Road Gilbert AZ 85297

X

325120 1200 Employees

NET 30

N/A

Southern Arizona VA Health Care System Tucson

S 6th Ave Tucson AZ 85723 36C262

NCO 22

Department of Veterans Affairs NCO 22 - Gilbert Network Contracting 335 East Germann Road Gilbert AZ 85297

This is accomplished through the Tungsten Network located at:

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

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

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

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

Period of Performance: Base 11/1/2024-10/31/2025

OP YR 1: 11/1/2025-10/31/2026

OP YR 2: 11/1/2026-10/31/2027

OP YR 3: 11/31/2027-10/31/2028

OP YR 4: 11/1/2028-10/31/2029

Complete and submit the enclosed SF 1449 via email no later 15:00 Pacific Local Time, October 10, 2024, to victor.oliveros@va.gov

See CONTINUATION Page 678-3650160-031-820100-2560 0100441C3 678-365/60161-8105-810300-2632 8100101G3

Anthony Dela Cruz Contracting Officer

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer victor.oliveros@va.gov

NCO 22

Department of Veterans Affairs NCO 22 - Gilbert Network Contracting 335 East Germann Road Gilbert AZ 85297

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

3. INVOICES: Invoices shall be submitted in arrears:

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

Submit invoices electronically through https://portal.tungsten-network.com ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 STATEMENT OF WORK

1. Scope of Contract

1.1 The Southern Arizona VA Health Care System (SAVAHCS) Department of Veterans Affairs (VA) currently has an ongoing requirement for the supply of medical-grade cylinder gases to be delivered to SAVAHCS. This follow-on requirement was originally considered with the Western States Network Consortium (WSNC) national contracts for the distribution and supply of medical-grade cylinder gases which has not been established. The current delivery order that was against this WSNC Nation Contract was not awarded in time to meet Southern Arizona VA Medical Centers needs in the required timeline for these services.

1.2 The purpose of this requirement is to establish a contract vehicle for a Base period with the option to potentially execute a four-year option period to provide a source of supply for qmedical-grade cylinder gases for SAVAHCS (which will need to include Research Service Line) until the WSNC contract can be awarded after the current protests are remedied. The gases to be purchased include, but are not limited to compressed Medical Air USP, Oxygen USP, Carbon Dioxide USP, Nitrogen NF, Nitrous Oxide USP, Helium USP, and specialty medical gas mixtures.

BASE YEAR BEGIN:11/1/24 END:10/31/25

OPTION YEAR 1 BEGIN:11/1/25 END:10/31/26

OPTION YEAR 2 BEGIN 11/1/26 END:10/31/27

OPTION YEAR 3 BEGIN:11/1/27 END:10/31/28

OPTION YEAR 4 BEGIN:11/1/28 END:10/31/29

1.3 The current Medical-Grade Cylinder Gases are noted in the schedule (attachment 1). The quantities shown in the schedule are estimates of SAVAHCS monthly/annual current requirements. There is no express or implied guarantee that these quantities will be purchased. The schedule also indicates whether the contractor will fill Government Owned (G) cylinders, or will provide Contractor Owned (C) cylinders, or will be servicing the facility with a combination of both (C/G).

1.4 A Contracting Officer Representative (COR) or Facility Point of Contact (FPOC) will be designated prior to contract award. This person shall be responsible for local contract administration issues and shall monitor the contractor performance in accordance with the contract terms and conditions.

2. Product Specifications

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

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

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

b. Compressed Gas Association (CGA) Publications G-7 – Compressed Air for Human Respiration, dated May 2008, and ANSI/CGA G-7.1 – Commodity Specification for Air, current edition.

2.3 All products, equipment, and services provided under the resulting contract shall be in compliance with all applicable Federal, State, and Local Regulations.

3. Delivery Requirements

3.1 The contractor shall be required to make deliveries on Monday through Friday between the hours of 8:00am to 10:00am. These hours are required due to multiple other deliveries being made to the facility throughout the day. FOB point is destination. All transportation charges for cylinders shall be included in the unit price for gas. Additional charges such as delivery fees, hazardous materials fees, fuel surcharges, etc. shall NOT be billed to or collected from the facility for orders received under this contract.

Ordering/Delivery: Contractor to provide instructions for placing orders such as using a standardized form and/or a standardized email and POC for any administrative questions such as billing and delivery.

Recordkeeping: contractor to provide separate account numbers for the different SAVAHCS customers that are serviced under this contract providing separate invoices for each.

Invoices: are required be submitted electronically using this link at, http://www.tungsten-network.com/us/en/veterans-affairs/ .

Future documentation from contracting will provide different purchase order numbers to use for invoicing. Invoices must include and invoice number, an account number, the purchase order number, date of service and an accurate total. Delivery receipts are required with all invoice submissions.

3.2 Material Safety Data Sheets shall be provided to the COR or FPOC upon request at no additional charge.

POC for Contractor: Roy Kolden (COR):520-792-1450 ext.1-3566.

3.3 Should an emergent need arise for a special delivery outside the normal delivery dates/times, the COR/FPOC shall contact the contractor to establish an emergent order and delivery time.

3.4 The contractor is not required to provide service on the following U.S. Government holidays, nor will the Contractor be paid for these holidays. However, if the scheduled service date falls on a national holiday, a mutually agreed upon alternate date that week will be scheduled.

National holidays observed by the Federal Government:

New Year’s Day 1 January Martin Luther King’s Birthday Third Monday in January President’s Day Third Monday in February Memorial Day Last Monday in May Juneteenth 19 June Independence Day 4 July Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day 11 November Thanksgiving Day Christmas Day 4th Thursday in November Christmas Day 25 December

If a holiday falls on Sunday, the following Monday will be observed as the National Holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a National Holiday by U.S. Government agencies. Also included would be any national holiday specifically declared by the President of the United States.

Delivery Locations:

1. Research Service account 1, the ship to address is 3601 S. 6TH AVE, TUCSON, AZ 85723 BLDG 78

1. Research Service account 2, the ship to address is 3601 S. 6TH AVE, TUCSON, AZ 85723 BLDG 10

1. Supply Chain Management (SCM) account 3, the ship to address is 3601 S. 6th AVE, TUCSON, AZ 85723

1. SCM Southeast CBOC account 4, the ship to is 7395 South Houghton Road, Suite 129, TUCSON, AZ 85747

1. SCM Sierra Vista CBOC account 5, the ship to is 101 North Coronado Drive, Suite A, Sierra Vista, AZ 85635

1. SCM Green Valley CBOC account 6, the ship to is 380 West Vista Hermosa Drive, Suite 140, GREEN VALLEY, AZ 85614

1. SCM Casa Grande account 7, the ship to is 1876 East Sabin Drive, Suite 15, Building A. CASA GRANDE, AZ 85155

1. SCM Safford CBOC account 8, the ship to is 355 North 8th Avenue, SAFFORD, AZ 85546

1. SCM Yuma CBOC account 9, the ship to is 3111 South 4th Avenue, YUMA, AZ 85364

1. SCM Northwest CBOC account 10, the ship to is 3920 West Linda Vista Boulevard, TUCSON, AZ 85742

4. Non-Repairable Government Property

4.1 Prior to disposing of non-repairable Government-Owned cylinders, parts, fittings, and appurtenances, the contractor shall contact the facility. Contractor shall make disposition in accordance with the ordering activity’s instructions.

4.2 Contractor shall be paid for all services performed and authorized by the ordering activity, up to the determination that a cylinder is non-repairable, at the prices listed in the pricing schedule.

4.3 Contractor shall not charge any additional types of fees, other than those specified above in paragraph 4.2, for the return of non-repairable cylinders to the ordering activity.

4.4 If the activity request, and the contractor agrees to dispose of any non-repairable Government-Owned property, the fee shall be negotiated and agreed upon between the two parties prior to the disposal of the property. This will be funded by a separate order issued at the requesting facility.

5. Cylinders and Other Containers

5.1 Laws and Regulations: Cylinders and other containers for gaseous and liquid forms of gases shall comply with the Department of Transportation (DOT) Specifications that regulates the transport of hazardous materials through Title 49 of the Code of Federal Regulations (49 CFR), Subchapter C, "Hazardous Materials Regulations." Parts 171-177 & 180 (as applicable) provide general information on hazardous materials and regulation for their packaging and their shipment by rail, air, vessel, and public highway. Filling, packaging, labeling, etc., for medical gases shall also comply with the Federal Food, Drug, and Cosmetic Act.

5.2 Marking: Cylinders shall comply with CGA Publication C-7 – Guide to Preparation of Precautionary Labeling and Marking of Compressed Gas Containers, current edition.

5.3 Color Coding: Cylinders shall be color coded in accordance with CGA Publication C-9 – Standard Color Marking of Compressed Gas Containers Intended for Medical Use, current edition.

5.4 Valves: Valves shall comply with CGA Safety Bulletin SB-26, current edition and CGS Publication V-1 – Compressed Gas Association Standard for Compressed Gas Cylinder Valve Outlet and Inlet Connections, current edition. Valve protection caps for cylinders designed to receive such caps shall be securely attached to the cylinders in a manner to protect the valves from injury during transit and delivery to the purchaser’s receiving area. For liquid containers, all fitting must be permanently brazed to prevent their removal. In addition, each container should contain a 360-degree cryoband applied at the top of the container with the drug product name repeated around the entire container.

5.5 Hydrostatic Testing:

5.5.1 Retest Date: If applicable DOT regulations would require retesting of cylinder/s within three (3) months after scheduled date of shipment to Continental U.S. Destination, or within six (6) months after schedule date of shipment to overseas destination, cylinder shall be retested. Contractor will be required to retest any Government-Owned cylinder when requested by ordering activity, regardless of scheduled retest data.

5.5.2 Method: Government-Owned cylinders which are eligible for extended hydrostatic retest period, testing by modified hydrostatic method, or visual inspection in lieu of hydrostatic testing, shall be service by the most economical means which will comply with DOT regulation previously stated unless otherwise specified by the ordering activity. When modified or reduced DOT test requirements are contingent upon past usage of the cylinders, a written statement from the ordering activity indication that the cylinders have been used exclusively for a specific gas may be considered acceptable evidence of the cylinders’ eligibility for modified testing or inspection.

5.5.3 Hydrostatic testing shall be performed in accordance with CGA’s Publication – C-1, Methods for Hydrostatic Testing of Compressed Gas Cylinders, current edition.

5.5.4 Visual inspection shall be performed in accordance with the applicable CGA Publications C-6; Standards for Visual inspection of Steel Compressed Gas Cylinders, or C-6.1: Standards for Visual Inspection of High Pressure Aluminum Compressed Gas Cylinders, current editions.

5.5.5 The contractor shall be responsible for all testing of contractor-owned cylinders at no additional cost to the Government. The Government shall pay for the hydrostatic testing of Government-Owned cylinders on a separate purchase order issued by the ordering facility by request.

5.6 Cylinder Sizes: Cylinder sizes shown in the item description indicate product capacity of the cylinder currently being used. All capacities are approximate, and the Government shall be billed only for the actual amount of gas delivered. In accordance with the Federal Food, Drug, and Cosmetic Act, the actual contents of the container must appear on the label.

5.7 Individual Agency Ownership of Cylinders: Government-Owned cylinders shall remain the property of the individual ordering (owning) agency and shall not be exchanged for other cylinders, either Government-Owned or contractor-owned, without authorization of the ordering agency.

5.8 Lost or Damaged Contractor-Owned Cylinders: For each contractor-owned cylinder lost or damaged beyond repair while in the Governments possession, the Government shall pay to the Contractor the replacement value, less the allocable rental paid for that cylinder. These cylinders shall become Government property. If any lost cylinder is located within 30 calendar days after payment by the Government, it may be returned to the contractor by the Government, and the contractor shall pay to the Government an amount equal to the replacement value, less rental, computed in accordance with section 8 of this statement of work.

5.9 Disposal of Government Owned Cylinders: Government owned cylinders that must be disposed of will be covered by a separate purchase order issued by the facility that requires the disposal.

5.10 Repair of Government Owned Cylinders: Repairs of Government owned cylinders will be covered by a separate purchase order issued by the facility that requires the repairs.

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

5.12 Transportation of Cylinders: All transportation charges for empty Government-Owned and contractor-owned cylinders from the ordering facility to the contractor’s facility shall be at the expense of the contractor.

6. Price of Services for Government-Owned and Contractor-Owned Cylinders

6.1 The contractor’s price for the gas shall include the furnishing, at no additional cost, of all services which are required at each filling of a cylinder to comply with applicable regulations, specifications, and normal good practices. Such services shall include, but are not limited to: tags indicating cylinder is “Full”, “In Use”, or “Empty”. Inspection, testing’s, evaluation, and cleaning services required at each filling: pin-indexing, when required, and attachment of Government-Furnished warning tags, when required. Attaching of oxygen cylinders to manifold systems, when required, shall also be performed by the contractor at no additional cost. In addition to services listed in this paragraph, the contractor is responsible for all maintenance and testing of contractor-owned cylinders.

7. Measurement and Conversion Computation, Atmospheric Gases and Hydrogen

7.1 Density data and volume measurement equivalents printed in CGA Publication P-6, Standard Density Data Atmospheric Gases and Hydrogen, current edition, shall be used when necessary to convert measurement of these gases from one form to another; for example, from cubic feet to gallons.

8.Evaluation / Technical Requirement

8.1 The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Price Only

8.2 Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

9. Licensing, Authorization, and Selling Permissions

9.1 If the Contractor is the manufacturer of the medical gases being supplied under this contract, it shall provide, within ten (10) calendar days after contract award and then annually thereafter, evidence that it holds current licensing, permits, certifications, or registrations required by the FDA and the states in which this contract is performed.

9.2 If the Contractor is not the manufacturer of the medical gases being supplied under this contract, the Contractor shall provide, within ten (10) calendar days after contract award and then annually thereafter, evidence that the manufacturer(s) from which it obtains the medical grade gases 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. The Contractor shall also provide, within ten (10) calendar days after contract award and then annually thereafter, and upon any update to the agreement(s), an executed copy of the reseller’s agreement(s) affirmatively demonstrating that the Contractor has authorization from the manufacturer(s) to resell the medical gas(es) and to rent the medical gas cylinders that the Contractor is providing under this contract. In the event of a change in manufacturer, the Contractor shall provide notice to the VA prior to the change taking place and shall provide evidence of the new medical-grade gas manufacturer’s current licenses, permits, certifications, or registrations required by the FDA and the states in which this contract is performed. The Contractor shall also provide a copy of its signed reseller agreement with the new manufacturer demonstrating that the Contractor has authorization from the manufacturer to resell the medical gas(es) and to rent the medical gas cylinders that the Contractor intends to provide under this contract.

9.3 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.

Attachment 1 Medical-Grade Cylinders

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

RENT CYL MED LARGE OTHER NAICS CODE 325120-Industrial Gas Manufacturing PRODUCT/SERVICE CODE: Q999- Medical-Other

LOCAL STOCK NUMBER: RRCYLMLGOTH

RENT CYL MEDICAL LARGE PRINCIPAL NAICS CODE 325120-Industrial Gas Manufacturing PRODUCT/SERVICE CODE: Q999- Medical-Other

LOCAL STOCK NUMBER: RRCYLMLG

RENT CYL MEDICAL SMALL PRINCIPAL NAICS CODE 325120-Industrial Gas Manufacturing PRODUCT/SERVICE CODE: Q999-Medical-Other

LOCAL STOCK NUMBER: RRCYLMSM

RENT CYL MEDICAL WALK ABOUT PRINCIPAL NAICS CODE 325120-Industrial Gas Manufacturing PRODUCT/SERVICE CODE: Q999- Medical-Other

LOCAL STOCK NUMBER: RRCYLMWB

RENT CYL MEDICAL EXTRA SMALL PRINCIPAL NAICS CODE 325120-Industrial Gas Manufacturing PRODUCT/SERVICE CODE: Q999-

LOCAL STOCK NUMBER: RRCYLMXS

RENT CYL SPECIALTY ALUM LARGE PRINCIPAL NAICS CODE 325120-Industrial Gas Manufacturing PRODUCT/SERVICE CODE: Q999-

LOCAL STOCK NUMBER: RRCYLSAL

RENT CYL SPECIALTY LARGE PRINCIPAL NAICS CODE 325120-Industrial Gas Manufacturing PRODUCT/SERVICE CODE: Q999-

LOCAL STOCK NUMBER: RRCYLSLG

RENT CYL SPECIALTY SMALL PRINCIPAL NAICS CODE 325120-Industrial Gas Manufacturing PRODUCT/SERVICE CODE: Q999-

LOCAL STOCK NUMBER: RRCYLSSM

RENT CYL VERY HIGH PRESSURE PRINCIPAL NAICS CODE 325120-Industrial Gas Manufacturing PRODUCT/SERVICE CODE: Q999

LOCAL STOCK NUMBER: RRCYLVHP

RENT LIQUID IND MEDIUM 160-180 PRINCIPAL NAICS CODE 325120-Industrial Gas Manufacturing PRODUCT/SERVICE CODE: Q999- Medical-Other

LOCAL STOCK NUMBER: RRLIQIMD

RENT LIQUID PRINCIPAL NAICS CODE 325120-Industrial Gas Manufacturing PRODUCT/SERVICE CODE: Q999- Medical-Other

LOCAL STOCK NUMBER: RRLIQ

AIR USP 200 CGA 346 PRINCIPAL NAICS CODE 325120-Industrial Gas Manufacturing PRODUCT/SERVICE CODE: Q999- Medical-Other

LOCAL STOCK NUMBER: AI USP200

AIR USP E CGA 950 PRINCIPAL NAICS CODE 325120-Industrial Gas Manufacturing PRODUCT/SERVICE CODE: Q999- Medical-Other

LOCAL STOCK NUMBER: AI USPE

AIR USP E CGA 950C/O PRINCIPAL NAICS CODE 325120-Industrial Gas Manufacturing PRODUCT/SERVICE CODE: Q999- Medical-Other

LOCAL STOCK NUMBER: AI USPEC

ARGON UHP GR 5.0 SIZE 200 PRINCIPAL NAICS CODE 325120-Industrial Gas Manufacturing PRODUCT/SERVICE CODE: Q999- Medical-Other

LOCAL STOCK NUMBER: AR UHP200

ARGON UHP SZ 6K HP PRINCIPAL NAICS CODE 325120-Industrial Gas Manufacturing PRODUCT/SERVICE CODE: Q999- Medical-Other

LOCAL STOCK NUMBER: AR UHP6KCTID

CARBON DIOXIDE USP 50 POUND CGA 320 PRINCIPAL NAICS CODE 325120-Industrial Gas Manufacturing PRODUCT/SERVICE CODE: Q999- Medical-Other

LOCAL STOCK NUMBER: CD USP50

CARBON DIOXIDE USP 50 LB CGA 320 C/O PRINCIPAL NAICS CODE 325120-Industrial Gas Manufacturing PRODUCT/SERVICE CODE: Q999- Medical-Other

LOCAL STOCK NUMBER: CD USP50C

CARBON DIOXIDE USP E CGA 940 PRINCIPAL NAICS CODE 325120-Industrial Gas Manufacturing PRODUCT/SERVICE CODE: Q999- Medical-Other

LOCAL STOCK NUMBER: CD USPE

CARBON DIOXIDE USP EA CGA 940 PRINCIPAL NAICS CODE 325120-Industrial Gas Manufacturing PRODUCT/SERVICE CODE: Q999- Medical-Other

LOCAL STOCK NUMBER: CD USPEA

CARBON DIOXIDE USP E CGA 940 C/O PRINCIPAL NAICS CODE 325120-Industrial Gas Manufacturing PRODUCT/SERVICE CODE: Q999- Medical-Other

LOCAL STOCK NUMBER: CD USPEC

HELIUM UHP 200 PRINCIPAL NAICS CODE 325120-Industrial Gas Manufacturing PRODUCT/SERVICE CODE: Q999- Medical-Other

LOCAL STOCK NUMBER: HE UHP200

HELIUM UHP SIZE 6K PRINCIPAL NAICS CODE 325120-Industrial Gas Manufacturing PRODUCT/SERVICE CODE: Q999- Medical-Other

LOCAL STOCK NUMBER: HE UHP6KCTID

HELIUM USP MEDICAL PURE 200 CGA 580 PRINCIPAL NAICS CODE 325120-Industrial Gas Manufacturing PRODUCT/SERVICE CODE: Q999- Medical-Other

LOCAL STOCK NUMBER: HE USP200

HELIUM USP SZ M4 PRINCIPAL NAICS CODE 325120-Industrial Gas Manufacturing PRODUCT/SERVICE CODE: Q999- Medical-Other

LOCAL STOCK NUMBER: HE USPM4

NITROGEN IND LIQ 180LT 22PSI PRINCIPAL NAICS CODE 325120-Industrial Gas Manufacturing PRODUCT/SERVICE CODE: Q999- Medical-Other

LOCAL STOCK NUMBER: NI NF180LT22

NITROGEN GMP DEWAR REFILL 10 LT PRINCIPAL NAICS CODE 325120-Industrial Gas Manufacturing PRODUCT/SERVICE CODE: Q999- Medical-Other

LOCAL STOCK NUMBER: NI GMPDEWARFILL10L

NITROGEN GMP DEWAR REFILL 20 LT PRINCIPAL NAICS CODE 325120-Industrial Gas Manufacturing PRODUCT/SERVICE CODE: Q999- Medical-Other

LOCAL STOCK NUMBER: NI GMPDEWARFILL20L

NITROGEN GMP DEWAR REFILL 25 LT PRINCIPAL NAICS CODE 325120-Industrial Gas Manufacturing PRODUCT/SERVICE CODE: Q999- Medical-Other

LOCAL STOCK NUMBER: NI GMPDEWARFILL25L

NITROGEN GMP DEWAR REFILL 30 LT PRINCIPAL NAICS CODE 325120-Industrial Gas Manufacturing PRODUCT/SERVICE CODE: Q999- Medical-Other

LOCAL STOCK NUMBER: NI GMPDEWARFILL30L

NITROGEN GMP DEWAR REFILL 35 LT PRINCIPAL NAICS CODE 325120-Industrial Gas Manufacturing PRODUCT/SERVICE CODE: Q999- Medical-Other

LOCAL STOCK NUMBER: NI GMPDEWARFILL35L

NITROGEN GMP DEWAR REFILL 50 LT PRINCIPAL NAICS CODE 325120-Industrial Gas Manufacturing PRODUCT/SERVICE CODE: Q999- Medical-Other

LOCAL STOCK NUMBER: NI GMPDEWARFILL50L

NITROGEN NF LIQ 160LT 22PSI PRINCIPAL NAICS CODE 325120-Industrial Gas Manufacturing PRODUCT/SERVICE CODE: Q999- Medical-Other

LOCAL STOCK NUMBER: NI NF160LT22

NITROGEN NF LIQ 180LT 22PSI PRINCIPAL NAICS CODE 325120-Industrial Gas Manufacturing PRODUCT/SERVICE CODE: Q999- Medical-Other

NITROGEN MEDICAL NF 200 CGA 580 PRINCIPAL NAICS CODE 325120-Industrial Gas Manufacturing PRODUCT/SERVICE CODE: Q999- Medical-Other

LOCAL STOCK NUMBER: NI NF200

NITROGEN MEDICAL NF 200 CGA 580 C/O PRINCIPAL NAICS CODE 325120-Industrial Gas Manufacturing PRODUCT/SERVICE CODE: Q999- Medical-Other

LOCAL STOCK NUMBER: NI NF200C

NITROGEN MEDICAL NF 80 CGA 580 PRINCIPAL NAICS CODE 325120-Industrial Gas Manufacturing PRODUCT/SERVICE CODE: Q999- Medical-Other

LOCAL STOCK NUMBER: NI NF80

NITROGEN NF DEWAR FILL FROM BULK PRINCIPAL NAICS CODE 325120-Industrial Gas Manufacturing PRODUCT/SERVICE CODE: Q999- Medical-Other

LOCAL STOCK NUMBER: NI NFREFILL

NITROGEN UHP 200 CGA 580 PRINCIPAL NAICS CODE 325120-Industrial Gas Manufacturing PRODUCT/SERVICE CODE: Q999- Medical-Other

LOCAL STOCK NUMBER: NI UHP200

NITROUS OXIDE CRYOCATH 10LB ALUM C/O PRINCIPAL NAICS CODE 325120-Industrial Gas Manufacturing PRODUCT/SERVICE CODE: Q999- Medical-Other

LOCAL STOCK NUMBER: NS CC10ACT50C

NITROUS OXIDE USP 20 LBS PRINCIPAL NAICS CODE 325120-Industrial Gas Manufacturing PRODUCT/SERVICE CODE: Q999- Medical-Other

LOCAL STOCK NUMBER: NS USP20

NITROUS OXIDE USP 20 LB CGA 326 C/O PRINCIPAL NAICS CODE 325120-Industrial Gas Manufacturing PRODUCT/SERVICE CODE: Q999- Medical-Other

LOCAL STOCK NUMBER: NS USP20C

NITROUS OXIDE USP SIZE 56LBS PRINCIPAL NAICS CODE 325120-Industrial Gas Manufacturing PRODUCT/SERVICE CODE: Q999- Medical-Other

LOCAL STOCK NUMBER: NS USP56

NITROUS OXIDE USP E CGA 910 PRINCIPAL NAICS CODE 325120-Industrial Gas Manufacturing PRODUCT/SERVICE CODE: Q999- Medical-Other

LOCAL STOCK NUMBER: NS USPE

NITROUS OXIDE USP EA CGA 910 PRINCIPAL NAICS CODE 325120-Industrial Gas Manufacturing PRODUCT/SERVICE CODE: Q999- Medical-Other

LOCAL STOCK NUMBER: NS USPEA

NITROUS OXIDE USP EA CGA 910 PRINCIPAL NAICS CODE 325120-Industrial Gas Manufacturing PRODUCT/SERVICE CODE: Q999- Medical-Other

LOCAL STOCK NUMBER: NS USPEAMRI

OXYGEN USP MEDICAL PURE 200 CGA 540 PRINCIPAL NAICS CODE 325120-Industrial Gas Manufacturing PRODUCT/SERVICE CODE: Q999- Medical-Other

LOCAL STOCK NUMBER: OX USP200

OXYGEN USP 200 CGA 540 C/O PRINCIPAL NAICS CODE 325120-Industrial Gas Manufacturing PRODUCT/SERVICE CODE: Q999- Medical-Other

LOCAL STOCK NUMBER: OX USP200C

OXYGEN USP MEDICAL PURE E CGA 870 PRINCIPAL NAICS CODE 325120-Industrial Gas Manufacturing PRODUCT/SERVICE CODE: Q999- Medical-Other

LOCAL STOCK NUMBER: OX USPE

OXYGEN USP MEDICAL PURE EA CGA 870 PRINCIPAL NAICS CODE 325120-Industrial Gas Manufacturing PRODUCT/SERVICE CODE: Q999- Medical-Other

LOCAL STOCK NUMBER: OX USPEA

OXYGEN USP EA CGA 870 C/O PRINCIPAL NAICS CODE 325120-Industrial Gas Manufacturing PRODUCT/SERVICE CODE: Q999- Medical-Other

LOCAL STOCK NUMBER: OX USPEAC

OXYGEN USP MEDICAL EA CGA 870 MRI PRINCIPAL NAICS CODE 325120-Industrial Gas Manufacturing PRODUCT/SERVICE CODE: Q999- Medical-Other

LOCAL STOCK NUMBER: OX USPEAMRI

OXYGEN USP EA CGA 870 C/O PRINCIPAL NAICS CODE 325120-Industrial Gas Manufacturing PRODUCT/SERVICE CODE: Q999- Medical-Other

LOCAL STOCK NUMBER: OX USPEAMRIC

OXYGEN USP MEDICAL PURE EA CGA WOB PRINCIPAL NAICS CODE 325120-Industrial Gas Manufacturing PRODUCT/SERVICE CODE: Q999- Medical-Other

LOCAL STOCK NUMBER: OX USPEAWBDS

OXYGEN USP EA WOB+ DISS PRINCIPAL NAICS CODE 325120-Industrial Gas Manufacturing PRODUCT/SERVICE CODE: Q999- Medical-Other

LOCAL STOCK NUMBER: OX USPEAWBPLUS

OXYGEN USP EA WOB+ DISS W/SWIVEL PRINCIPAL NAICS CODE 325120-Industrial Gas Manufacturing PRODUCT/SERVICE CODE: Q999- Medical-Other

LOCAL STOCK NUMBER: OX USPEAWBSPLUS

OXYGEN USP MEDICAL PURE E CGA WOB PRINCIPAL NAICS CODE 325120-Industrial Gas Manufacturing PRODUCT/SERVICE CODE: Q999- Medical-Other

LOCAL STOCK NUMBER: OX USPEWB

USP 20% OX/HE 200 PRINCIPAL NAICS CODE 325120-Industrial Gas Manufacturing PRODUCT/SERVICE CODE: Q999- Medical-Other

LOCAL STOCK NUMBER: Z02HE8012003042

LD 0.3 % ME/0.3 % CM/21 % OX/NI 200 PRINCIPAL NAICS CODE 325120-Industrial Gas Manufacturing PRODUCT/SERVICE CODE: Q999- Medical-Other

LOCAL STOCK NUMBER: Z04NI7852003060

FILL ONLY LIQUID NITROGEN IN 175L DEWAR NI GMPDEWARFILL175

LOCAL STOCK NUMBER: NI GMPDEWARFILL175

EMERGENCY CHARGE

LOCAL STOCK NUMBER: EMERGENCY CALL

Liquid Nitrogen NI NF180LT22

EMERGENCY DELIVERY

LOCAL STOCK NUMBER: EMERGENCY CALL

B.4 DELIVERY SCHEDULE

98.00

537.00

24.00

10,108.00

1,462.00

24.00

109.00

12.00

117.00

1.00

1.00

1.00

1.00

1.00

1.00

12.00

88.00

1.00

264.00

1.00

1.00

1.00

1.00

1.00

1.00

1.00

1.00

1.00

2.00

19.00

2.00

31.00

1.00

1.00

48.00

1.00

1.00

1.00

25.00

1.00

1.00

1.00

20.00

7.00

1.00

1.00

7.00

1.00

1.00

10.00

1.00

2.00

1.00

4,695.00

1.00

1.00

1.00

3.00

7.00

12.00

1.00

24.00

1.00

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(s) Order of precedence. Any inconsistencies in this…