36C26225Q0126_1.docx

36C26225Q0126

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

501-25-1-3107-0002

Oliveros, Victor 818-632-4370 11-20-2024 15:00

PST

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

New Mexico VA Healthcare System

1501 San Pedro Dr, Southeast Albuquerque NM 87108 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.

Period of Performance: 1/4/2025-1/3/2026

Complete and submit the enclosed SF 1449 via email no later 15:00 Pacific Local Time, November 20, 2024, to victor.oliveros@va.gov

See CONTINUATION Page 501-3650160-3107-820100-2631 0100201G3

Victor Oliveros

VA-VHA-RPOW-2024-0112

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.2 STATEMENT OF WORK

Medical Gases, Fills, and Cylinder Rentals

The Veterans Health Administration (VHA), Veterans Integrated System Network (VISN) 22, New Mexico Veterans Affairs Healthcare System requires a contractor to provide medical gases. The Contractor shall be responsible for providing, filling, transporting, handling, servicing, maintaining, delivering, picking up and storing medical gases and medical gas cylinders/tanks.

Period of Performance: 1/4/2025-1/3/2026

1. SCOPE

1.1. The VHA, VISN 22, VA New Mexico Healthcare System requires a contractor to provide medical gases for each of the VA medical center facilities, their respective clinics, and off-site locations located in their region. The Contractor shall be responsible for providing, filling, transporting, handling, servicing, maintaining, delivering, picking up and storing medical gases and cylinders for all facilities located within VISN 22, New Mexico Healthcare System. All equipment and materials required to perform on the contract shall be provided by the Contractor (other than government-furnished property).

1.2. The purpose of this requirement is to establish an improved method for ordering, paying, tracking, and delivering a consistent source supply of medical cylinder gases for the facilities located in VISN 22, VA New Mexico Healthcare System. The medical gases must meet or exceed the standards cited in the current edition of the United States Pharmacopoeia/National Formulary (USP).

1.3. The list and locations of facilities of VISN 22 Veterans Administration Medical Centers (VAMC) / Health Care System (HCS) are listed in section 10.3. The number and location of facilities located within VISN 22, VA New Mexico Healthcare System may increase or decrease based on the Government’s need to provide health care to Veterans.

1.4. The quantities for each line-item number in the solicitation are estimates only. There is no expressed or implied guarantee that these quantities will be purchased. The actual quantities ordered by the facilities will vary based on the medical needs of each facility. Quantities may increase or decrease based on the volume of Veterans and their medical needs. The contract shall be for the actual quantities as ordered by each VA Health Care facility.

1.5. Acronyms used in this contract shall be interpreted as follows unless the context expressly requires a different construction and/or interpretation.

ARO: After Receipt of Order CFR: Code of Federal Regulations CGA: Compressed Gas Association CGMP: FDA Current Good Manufacturing Practice CBOC: Community Based Outpatient Clinic CO: Contracting Officer COR: Contracting Officer Representative CS: Contract Specialist EDI: Electronic Data Interchange FCLO: Facility Chief Logistics Officer FDA: US Food & Drug Administration GFE: Government-Furnished Equipment (Government-Owned) HCS: Health Care System LIN: Line Item Number LOU: Loss of Use (missing/unreturned/damaged cylinders) LPM: Liters Per Minute NFPA: National Fire Protection Association OO: Ordering Officer OSHA: US Department of Labor, Occupational Safety and Health Administration PO: Purchase Order POC: Point of Contact USP: United States Pharmacopoeia/National Formulary VA: Department of Veterans Affairs (Government) VAMC: Veterans Affairs Medical Center VHA: Veterans Health Administration VISN: Veterans Integrated Service Network

2. LICENSING, AUTHORIZATION, AND SELLING PERMISSIONS

2.1. If the Contractor is the manufacturer of the medical gases it places into the medical gas cylinders being supplied under this contract, it shall provide verification on an annual basis, that it holds current licensing, permits, certifications, or registrations required by the FDA and the states in which this contract is performed.

2.2. If the Contractor is not the manufacturer of the medical gases that are placed into medical gas cylinders being supplied under this contract, the Contractor must provide evidence of the medical gas manufacturer’s current licenses, permits, certifications, or registrations required by the FDA in the states in which this contract is performed, as well as an executed copy of the resellers agreement within ten (10) calendar days of contract award affirmatively demonstrating that the Contractor has authorization by the manufacturer to resell the medical gas and to rent the medical gas cylinders that the Contractor is providing under this contract. In addition, the Contractor shall provide annual updates to any agreements it has with the medical gas manufacturer and medical gas cylinder provider affirmatively demonstrating that the Contractor has authorization by the manufacturer to resell the medical gas and to rent the medical gas cylinders that the Contractor is providing under this contract. In the event of a change in the manufacturer, the Contractor shall provide a minimum of 30 days advance notification, or at the time it is known, to VA of the change in manufacturer, and shall provide evidence of the new medical gas manufacturer’s current licenses, permits, certifications, or registrations required by the FDA and the states in which this contract is performed. The Contractor shall also provide a copy of its signed agreement with the new manufacturer demonstrating that the Contractor has authorization by the manufacturer to resell the medical gases and to rent the medical gas cylinders that the Contractor intends to provide under this contract.

2.3. 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. Contractor must also provide, annually, verification that the manufacturer from which it obtains the medical gases placed into the medical gas cylinders 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.

3. LIABILITY INSURANCE REQUIREMENTS

3.1. The Contractor is required to maintain liability insurance in the amount of $1,000,000.00 per occurrence. The ACORD Certificate of Liability must be provided at time of contract award and annually via email to the CO.

4. MEDICAL GAS SPECIFICATION AND REQUIREMENTS

4.1. All medical gases provided in this contract shall be medical grade and shall comply with all applicable FDA, CGA, DOT, and all other federal, state, and local acts, regulations, codes, and standards regarding their manufacture, testing, transportation, shipping, and packaging. The Contractor shall comply with the most current and updated version of these codes and standards for the entire period of performance of this contract.

4.2. Material Safety Data Sheets (MSDS) shall be provided to the facility COR upon request at no additional charge. Contractor shall, at the request of the VA, provide training on procedures associated with safety data and maintaining medical gas cylinders while at VA facilities.

Fax Number:

5. CYLINDERS AND ASSOCIATED COMPONENTS LAWS AND REGULATIONS

5.1. Cylinders, tanks, valves and other containers for gaseous and liquid forms of gas provided on this contract shall comply with all applicable FDA, CGA, DOT, and all other federal, state, and local acts, regulations, codes and standards in regard to the manufacture, maintenance, filling, marking, labeling, transportation, shipping, packaging, color-coding, valves, valve protection caps, valve brazing, cylinder fittings, hydrostatic cylinder testing, inspections, visual inspection, and 360 degree cryoband placement. The Contractor shall comply with the most current and updated version of these codes and standards for the entire period of performance of this contract.

5.2. The government shall be billed only for the actual amount of gas delivered. In accordance with the most current Federal Food, Drug, and Cosmetic Act codes, including any subsequent updates during the contract’s performance period, the actual contents of the container must appear on the label. This procurement is for a Vendor to provide medical gas for our Canandaigua, Rochester (ROPC), and Clinton Crossing (CCX) locations, including refills for Oxygen, Nitrogen and Carbon Dioxide for all tanks onsite whether VA owned tanks or rented tanks at the following locations below. The scope of this contract shall be modified upon request to add additional medical gasses as required based new construction/services added. This is an estimated cost contract as usage varies based upon patient load.

1501 San Pedro Dr SE Building 41 back loading dock Albuquerque NM 87108

1501 San Pedro Dr SE Building 80 Front Desk Albuquerque NM 87108

Artesia CBOC 2410 W. Main Street Artesia, NM 88210

Farmington CBOC 3605 English Rd Farmington, NM 87402

Gallup CBOC 2075 NM Hwy 602 Gallup, NM 87301

Northwest Metro CBOC 1760 Grande Blvd SE Rio Rancho, NM 87124

Raton CBOC 1493 Whittier St Raton, NM 87440

Santa Fe CBOC 5152 Beckner Rd Santa Fe, NM 87507

Silver City CBOC 2950 Leslie Rd Silver City, NM 88061

Vendor will need to verify actual tank sizes as this document provides only best-known information at this time in addition tank storage locations and tank refill quantities are subject to change with supply/demand.

E-Sized oxygen cylinder – fixed regulator system requirements: lightweight aluminum construction; easy-to-carry wide permanent handle to make it easy to lift; minimum flow of 15 Liters Per Minute (LPM); flow rates ranging from 0.25 LPM minimum to 25 LPM; a Diameter Index Safety System (DISS) 50 PSI fitting for transport ventilator hook-up, magnetic resonance imaging (MRI) compatibility and easy to read contents gauge and utilize single-stage valves only.

5.3. Cylinders shall be filled to the maximum manufacturer’s recommended level during each refilling procedure unless a lesser amount is specified in the facility requirements or as agreed upon in a written document signed and dated by the Contracting Officer (CO).

5.4. Density data and volume measurement equivalents printed in CGA Publication P-6 – Standard Density Data, Atmospheric Gases and Hydrogen, dated October 2012, shall be used when necessary to convert measurement of these gases from one form to another; for example, from cubic feet to gallons https://www.cganet.com/.

5.5. All transportation charges for empty government-owned and contractor-provided cylinders shall be at the expense of the Contractor and shall be transported using normal commercial practice to prevent damage to cylinders.

6. GOVERNMENT FURNISHED EQUIPMENT (GFE) - MEDICAL GAS CYLINDERS

6.1. The Contractor is required to pick up GFE medical gas cylinders including attached appurtenances. These cylinders shall be inspected and filled to the maximum functional capacity during each refilling procedure. Each Government-owned medical gas cylinder and appurtenance shall be returned one for one to match the pick-up number. Empty Government-owned cylinders that are picked up from an ordering facility for re-fill or servicing shall be transported according to the DOT regulations, using normal commercial practices to prevent damage to cylinders.

6.2. All GFE will be labeled, colored, and tagged for identification and tracking by VA. Contractor shall provide accurate GFE cylinder counts for both pickup and delivery on each delivery. If receipts of filled tanks are not complete according to the purchase order(s)/delivery order(s), the missing cylinder quantities will be identified and documented on the delivery slip of government-owned cylinders. A regular review of VA’s tracking of the cylinders shall be used to determine if the Contractor lost any government-owned medical gas cylinders and appurtenances. The Contractor will be responsible to pay for lost or damaged government-owned medical gas cylinders and appurtenances at agreed upon rates identified in the contract.

6.3. Any GFE (cylinders, parts, fittings, and appurtenances) found not to meet compliance requires the Contractor to inform the COR and OO both in writing (or via email) and by telephone to give them the opportunity to revise the order. The Contractor shall return the non-compliant GFE back to the ordering facility on the next delivery at no additional cost to VA with documentation and clear marking on the GFE to label it defective.

6.4. GFE shall remain the property of the individual facility for which the order was placed. GFE items are not exchangeable for other GFE from different VA facilities. Contractor shall fill and return GFE to the specific ordering facility for which the order was placed.

6.5. At the request of the VA facility, the Contractor shall perform Hydrostatic testing on GFE at the price indicated in the LIN on this contract. Contractor shall provide results in writing for each specific tank tested indicating whether the tank is compliant or not compliant. The Contractor shall return any non-compliant GFE back to the ordering facility on the next delivery at no additional cost to the VA with documentation and clear marking on the GFE to label it defective. The Contractor shall proceed to fill all compliant GFE cylinders and deliver them per normal procedure.

7. CONTRACTOR-PROVIDED MEDICAL CYLINDERS

7.1. Contractor shall provide and maintain cylinders/tanks and equipment. For the duration of the contract, the Contractor is liable for the integrity, suitability, safety, maintenance, inspections, and cylinder tracking of contractor-provided cylinder(s) and ensures they comply with applicable regulations and standards.

7.2. Contractor-provided equipment shall be kept in good operating condition and appearance (i.e., clean, rust free, labeled) and be in accordance with applicable regulations and standards by the Contractor and at the Contractor’s expense. Each station shall provide the Contractor reasonable access to the facilities for this purpose. Contractor shall provide documentation of all safety testing of contractor-provided medical cylinders and appurtenances, including cylinder hydrostatic testing, to the VA upon their request at no additional charge.

7.3. All VISN 22, New Mexico Healthcare Systems facilities have the right to refuse dirty cylinders or cylinders that do not meet applicable regulations and standards. The Contractor must replace rejected cylinders within 24 hours at no additional cost to the government.

7.4. The Contractor shall provide training to VA staff upon request at no additional cost to the Government. The training shall insure that VA employees are proficient and able to safely operate medical gas cylinders and appurtenances in the event of equipment change, technology upgrades and/or any new system/manufacturer specification change.

7.5. Monthly rental charges.

7.5.1. Upon the delivery of contractor-provided cylinders, monthly rental rates shall apply to those cylinders beginning on the day of delivery and shall be subject to verification of receipt by the VA facility. Upon the pickup of emptied contractor-provided cylinders, as noted on the delivery slip by the Contractor’s delivery driver, the rental charges shall cease as of that date for the returned cylinders.

7.5.2. The Contractor shall track the number of contractor-provided cylinders on hand at each facility and shall take note of the beginning balance for cylinders on hand at each facility at the beginning of each rental period. Each monthly rental period shall begin on the first day of the calendar month and shall end on the last day of the calendar month. The Contractor shall adjust the inventory counts for each type of cylinder based on each delivery and pickup throughout the rental period. Contractor shall take note of the ending balance at the end of each rental period and assess the monthly charges for that rental period based on that ending balance. Rental pricing shall be assessed using the CLIN prices for daily rental of cylinders.

7.5.3. The Contractor shall provide, within five (5) business days after the end of the rental period, a monthly summary for each delivery location (sub-accounts) to the individual facility COR(s) showing the following:

· Beginning balance for the rental period

· Cylinders delivered by date

· Cylinders picked up by date

· Ending balance for the rental period

7.5.4. The VA COR will verify the number based on the delivery slips for the rental period and will address any inconsistencies, errors, or omissions and seek to rectify them with the Contractor within five (5) business days of receipt of the monthly summary. The VA COR shall insure the accuracy of invoicing based on the verified number of rental charges reported on the VA COR verified monthly summary.

POC for Contractor: Danielle C. Ryan (COR): 505-265-1711 ext. 5413, Danielle.Ryan@va.gov

7.5.5. The VA and the Contractor shall perform an annual, on-site inventory, of all contractor-provided cylinders to verify the accuracy of the end-of-month balance of rental cylinders on the most recent invoice (see Section 13). Each VA facility will coordinate the taking of this inventory with the Contractor. Contractor representative(s) shall participate on-site in the annual inventory audit with the designated VA personnel. VA is responsible for obtaining access to all pertinent areas for the purpose of counting existing contractor-provided cylinders at the specific VA facility.

· After the inventory audit, if more cylinders are found than indicated on the most recent end-of month invoice, the inventory count shall be increased to that number and shall be the beginning balance for the next monthly rental period.

· After the inventory audit, if less cylinders are found than indicated on the most recent end-of-month invoice, the inventory count shall be decreased to that number and shall be the beginning balance for the next monthly rental period.

· The Contractor shall invoice the VA facility for the quantity and type of unaccounted cylinders noted in the annual inventory audit using the relevant CLIN.

· The quantity and type of cylinders that are LOU shall be removed from the beginning balance for the next monthly rental period once the cylinder type and count are agreed upon.

· Once the VA pays the LOU invoice for unaccounted cylinders, those cylinders become VA property (see Section 8.3).

7.6. Outside of normal pickup/deliveries, no rental charges shall be applied to any cylinder five business days (Saturdays, Sundays, holidays excluded) after the ordering facility has notified the Contractor that said cylinders are ready to be picked up. The day the Contractor is notified is excluded from the five-day period. If the Contractor is verbally notified of empty cylinders, the ordering facility will document the notification by making a record of the date, time, and Contractor’s representative contacted.

8. TRANSITION / IMPLEMENTATION OF CONTRACTOR-PROVIDED MEDICAL GAS CYLINDERS

8.1. The Contractor shall provide an orientation meeting and training for each of the three (3) main VA facilities within 20 business days of contract award. This orientation meeting will cover information on delivery, orders, Contractor’s points of contact, etc.

8.2. In the event that the awardee of this contract is not the incumbent Contractor (outgoing Contractor), or that the medical gas cylinders and appurtenances furnished by the awardee are not the property of the incumbent Contractor the incoming Contractor shall work with the VA and incumbent Contractor during the phase-in transition period so it can be accomplished without disruption in supplies and services. Beginning on the effective date of the contract and subject to the establishing of Ordering Officers, facilities will begin placing orders for the medical gases listed on this contract. As the outgoing Contractor’s cylinders are collected, they must be stored apart from the incoming Contractor’s cylinders so as not to encourage the pickup of returned cylinders by the incorrect Contractor.

8.3. Within 90 days after an annual audit or the end of the contract, if lost cylinders for which the Government has paid the Contractor the loss of use fee are found and the Contractor is informed that they are ready to pick up, the Contractor shall credit the Government the lost fee(s) on said tanks.

9. ORDERING PROCESSES

9.1. Ordering Officers (OOs) and Contracting Officers (COs) shall be authorized to place orders against this contract for the VA facilities located in VISN 22, VA Southern Arizona Healthcare System. The use of OOs will be the primary method used to place orders. Delivery orders may be issued by the CO if needed.

9.2. The Contractor will be provided with the names and contact information of the primary Contracting Officer Representatives (CORs) within 20 days after award of the contract for each ordering facility.

9.3. The Contracting Officer shall furnish the Contractor with the names of individuals delegated as OO authority by separate letter upon issuance of the contract or agreement within 20 days of contract award. When COs appoint OOs after award, the CO will furnish the Contractor with an updated list of individual OOs authorized to place orders against the contract or agreement. OOs may not negotiate contract terms and conditions, modify any of the terms and conditions of the contract, determine price reasonableness, or determine best value. OOs are responsible for issuing and administering orders placed under the contract or agreement identified in the appointment letter. The CO must approve any changes or deviations from the terms and conditions of the contract or agreement in writing prior to the OOs placing orders invoking those terms and conditions. The Contractor shall accept orders against the contract or agreement only from the CO or authorized OOs. Fulfilling orders from persons other than the CO or OO may result in an unauthorized commitment.

9.4. In the event that orders are issued by electronic means i.e., email, telephone, facsimile, Electronic Data Interchange (EDI), the CO and authorized OOs will utilize the Line-Item Number (LIN) structure outlined in the awarded contract. OOs will place orders based on facility needs on any day of the monthly billing period. Contractor shall acknowledge receipt of order within two (2) hours of order placement and deliver the order according to the parameters set forth in Section 10 of this SOW.

9.5. Orders placed without the use of EDI ordering processes shall be placed via delivery order using an agreed upon form established by the Contractor and the Government. Orders shall contain at a minimum the following information:

· Date of Order

· Company Name (Contractor)

· Contract number

· VA Facility Name

· VA Facility Purchase Order (PO) number

· Line-Item Number (LIN)

· Item Description

· Manufacturer’s part number (if applicable)

· Quantity Ordered

· Unit Price

· Total Amount

· Place of Delivery

9.6. The following shall apply to orders placed/accepted via the Electronic Data Interchange (EDI) ordering option:

9.6.1. Fill/Call: value added option that allows facilities to either have an unfilled order or a portion of an unfilled order either killed (cancelled) or allow the undelivered items to be backordered. Contractor must first call facilities and obtain a decision.

9.6.2. Fill/Kill: an order or a portion of an order cancelled (killed) due to the non-shipment of products from the Contractor to the customer by the required delivery order date unless the ordering facility has previously approved the delivery of a substitute product.

9.6.3. EDI Order Confirmation (Applicable to VA facilities only): in the case where VA facilities submit orders through EDI, the Contractor shall generate EDI order confirmation to ordering facilities within two (2) hours after transmission of EDI orders. An alternate communications method allowing for the transfer of EDI data directly to the site is also available utilizing the Applicability Statement 2 (AS2) secure internet data transfer protocol.

9.6.4. Confirmation Content: all unfilled or partially filled purchase order line items from the Contractor shall be listed on the order. Facilities shall be able to print the confirmation. At a minimum, the order confirmation shall include the following information:

· VA Facility Name

· VA Facility Purchase Order Number

· Federal Government Product Contractor Item Number (LIN)

· Manufacturer’s part number

· Item Description

· Unit of Purchase

· Quantity Ordered

· Quantity Confirmed and to be delivered

· Status of non-confirmed or backordered line item(s)/Quantities to include their estimated time of arrival

· Note for Pre-approved Product Substitution (yes/no)

· Line-Item Unit of Purchase Price

· Line-Item Price

· Total Cost of Order

· Identification of Cancelled Gases

9.7. In the event the Contractor is unable to provide the LIN ordered, they may propose a substitute item that is on the contract. The Contractor shall contact the COR or the OO by telephone and give details of the proposed substitution. VA shall evaluate the clinical compliance of the proposed substitution and the COR or OO shall advise the Contractor if it is acceptable or not acceptable. If the proposed substitution is found to be acceptable by VA and is listed on the contract, the OO may authorize the substitution. If the Contractor proposes a substitution with a product that is not listed on the contract, the VA facility shall contact the CO to request a modification to the contract if the CO determines a modification is necessary. In the event the facility cannot wait for the contract to be modified they will proceed with the open market purchase of the approved substitution. The substitution shall be in compliance with all federal, state, and local regulations, codes, and standards and shall not in any way cause detriment of care to VA patient(s). Contractor shall provide training on all substitute items at the request of VA at no additional charge.

9.8. VA shall, at its discretion, be able to place emergency orders with the Contractor. These orders shall be placed by OOs via telephone, to a phone number designated by the Contractor. Contractor must respond to the facility by either telephone or email within one (1) hour to confirm receipt of an emergency notification and obtain specific delivery details unique to said emergency to ensure their best response. Emergency orders shall be delivered within 24 hours after being placed, including after business hours, on both weekdays and weekends, as needed. Emergency orders will be subject to the emergency delivery CLIN.

9.9. An authorized Ordering Officer may place orders that are emergency (delivery within 24 hours) or routine. The Contractor must designate the points of contact i.e., email, fax, and/or phone number(s) for emergencies, to which all orders will be sent. The Contractor is required to have the capability to receive, manage, and fulfill manual orders in instances where there are power outages, security breaches, or other electronic systems issues.

9.10. Confirmation of order entry by the Contractor: The Contractor must respond to the facility by electronic commerce other than EDI transmission within twenty-four (24) hours after receipt of order for non-emergency delivery orders. If a delivery order is placed on a Friday, the delivery confirmation shall be the following Monday. If the following Monday falls on a federal holiday, then the delivery confirmation shall be Tuesday (the day following the federal holiday).

10. DELIVERY REQUIREMENTS

Medical gases are ordered by and delivered to the individual ordering facilities. The following information applies to all deliveries, regardless of the time or day of execution.

10.1. The Contractor is required to provide a legible signed and/or electronic delivery slip/ticket that has been signed and dated by the delivery driver, as well as countersigned by the VA facility representative supervising the delivery. Upon delivery, the delivery driver and VA facility representative will conduct a cylinder count of all cylinders being delivered and all cylinders being picked up. Both cylinder counts will be noted on the delivery slip/ticket or electronic delivery slip with the delivery date and delivery driver ID. The delivery slip shall be signed by both the VA facility representative and delivery driver.

10.1.1. The delivery slip/ticket for GFE must include:

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

· The number of cylinders being delivered

· The number of cylinders being picked up

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

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

· Contract Number, Facility PO Number or Delivery Order number

· Account number for the specific delivery location

· Date of Order

· Date of Delivery

· Line-Item Number(s) and/or product identification number(s)

· Quantity of each gas and/or cylinder ordered

· Items ordered and not delivered

· The number and type of cylinders being delivered

· The number and type of cylinders being picked up

10.2. Contractor shall provide access to the scanned copy of the delivery slip to the COR through electronic means (email or otherwise).

10.3. All orders shall be delivered in accordance with the delivery parameters set for at each location set forth below.

1501 San Pedro Dr SE Building 41 back loading dock Albuquerque NM 87108

1501 San Pedro Dr SE Building 80 Front Desk Albuquerque NM 87108

Artesia CBOC 2410 W. Main Street Artesia, NM 88210

Farmington CBOC 3605 English Rd Farmington, NM 87402

Gallup CBOC 2075 NM Hwy 602 Gallup, NM 87301

Northwest Metro CBOC 1760 Grande Blvd SE Rio Rancho, NM 87124

Raton CBOC 1493 Whittier St Raton, NM 87440

Santa Fe CBOC 5152 Beckner Rd Santa Fe, NM 87507

Silver City CBOC 2950 Leslie Rd Silver City, NM 88061

10.4. Backorder Notification for any affected LIN shall be immediately provided to each facility COR or designated POC when back order is known. Contractor must also provide estimated lead time for the medical gas and provide details of the shortage in the marketplace. Each week the back order is not filled, a status update must be provided to the COR or designated POC.

10.5. The Government retains the right to investigate the circumstances of a backorder to determine the cause of the backorder.

10.6. Cancellation of the backorder by the Contractor is considered a failure to perform and may be considered grounds for adverse action.

10.7. All medical gas deliveries shall be made in accordance with each state’s Department of Transportation (DOT) regulations. Similarly, empty government-owned cylinders that are picked up from an ordering facility for refill or servicing shall be transported according to DOT regulations, using normal commercial practices to prevent damage to cylinders.

10.8. Non-emergency delivery of medical gases shall be completed between the hours of 7:00 AM to 16:00 PM local time, Monday through Friday, excluding federal holidays. The Contractor shall deliver medical gases within the time frame stated above.

10.9. The following holidays are observed by the Federal Government:

· New Year's Day

· Martin Luther King's Birthday (3rd Monday in January)

· Presidents Day (3rd Monday in February)

· Memorial Day (last Monday in May)

· Independence Day (July 4th)

· Labor Day (1st Monday in September)

· Juneteenth (June 19)

· Columbus Day (2nd Monday in October)

· Veterans Day (November 11th)

· Thanksgiving Day

· Christmas Day

· Any day specifically declared by the President of the United States to be a national holiday.

Note: if the holiday falls on a Saturday, it shall be officially observed on the Friday before the holiday. If the holiday falls on a Sunday, it shall be officially observed on the Monday following the holiday.

10.10. Routine orders shall be accepted by the Contractor until 2:00 PM, local facility time, the day before the required delivery day.

11.

11.1. The prices listed on the CLINS shall be all-inclusive prices. All transportation charges for delivering/picking up cylinders shall be included in the price of the medical gas. Additional charges such as delivery fees, hazardous material fees, fuel surcharges, cylinder tracking fees, etc., shall NOT be billed to, or collected from, the facilities for orders received under this contract.

11.2. Emergency deliveries shall be delivered within twenty-four (24) hours after being placed, including weekends. Emergency status is determined by the Government. Failure of the Contractor to remain current with the agreed delivery schedule and requirements does not constitute an “emergency” for purposes of charging an emergency delivery fee.

12. EMERGENCY DELIVERY REQUIREMENTS

12.1. The Contractor shall provide a written action plan and have protocols in place to ensure compliance with the VA’s requirements under the contract, specifically, in the event of a declared National or State Emergency which may impact the Contractor’s ability to perform. In the event the plan is implemented, the Contractor shall provide notification of the implementation of the action plan and protocols within 48 hours of any declared National or State Emergency to the CO and COR.

13. PRICE OF SERVICES FOR GOVERNMENT-OWNED/CONTRACTOR-PROVIDED CYLINDERS

13.1. Services included in the Price of Gas (Both GFE and contractor-provided cylinders): The Contractor’s price for the gas(es) listed in Fa shall be an all-inclusive price. Prices shall include delivery, taxes, fees, maintenance, storage, tracking, testing of contractor-provided cylinders and all required services needed at each cylinder filling, to comply with applicable regulations and specifications. Such services shall include but are not limited to: tags indicating cylinders as “Full”, “In Use”, or “Empty”; inspection; testing and evaluation required at each filling; pin-indexing (when required); and attachment of government-furnished warning tags (when required).

13.2. The Contractor shall ensure all cylinders are clean, free from dirt/rust, and in acceptable use for both inpatient/outpatient Health Care Environments.

14. CYLINDER INVENTORY AUDITS

14.1. The COR or Facility POC will conduct, at a minimum, an annual review of cylinder inventories to reconcile the number of cylinders on hand in comparison to the number of cylinders held on the delivery ticket. The annual cylinder inventory audits must occur for each main VA facility, within 45 calendar days of the end of an ordering period. An inventory report will be provided to the COR, CO, and the FCLO.

14.2. Cylinder inventory audits, conducted annually, at each of the main VA facilities, generally require a minimum of one day with at least one vendor representative present while the audit is conducted (those facilities denoted with an “X” in the column titled “Annual Cylinder Audit Required”. CBOC locations can submit the results of annual cylinder inventory audits via those VA personnel who are on-site and responsible for conducting the annual audit.

14.3. Contractor representative must be present until the audit has been completed in its entirety. The COR will only sign completed audits that are mutually agreed upon. Audits may be performed outside of normal business hours.

14.4. Each facility must approve the final amount/number of missing/damaged cylinders (Loss of Use or LOU). If discrepancies ensue, the Contractor must return to the facility at a mutually agreed upon date to redo the audit. If the facility is unable to reschedule within 90 days, the facility must honor the audit findings (see Section 7.5.5. for LOU rental and invoicing information).

15. REPORTS

15.1. A tracking system will be provided and maintained by the Contractor. Access to this tracking system will be given to each delegated COR/facility in order for each facility to review their reports when needed. The tracking system shall provide the ability to:

· Review all legible delivery tickets that have been countersigned by the facility

· Review all past invoices

· Review all countersigned and mutually agreed upon audits

· Current cylinder counts

16. INVOICES

16.1. No advance payments shall be authorized. Rentals will be paid and invoiced on a monthly basis in arrears. Invoices should be submitted both proper and timely. A proper invoice must include:

· Name and address of contractor

· Facility’s name and address where supply was delivered

· Invoice date and invoice number

· Contract number and Purchase Order (PO) number

· Contract Line-Item Number (LIN)

· Description, quantity, unit of measure, unit price and extended price (total price) of item(s) ordered

· Name and address of authorized official to whom payment is to be sent

· Name, title, phone number, email of person to be notified if invoice is defective LINs listed on the invoice shall correspond directly to the LINs on the referenced Purchase Order/Delivery Order, and shall match the description, quantity, and pricing of the ordered LINs. Invoices not submitted correctly will be short paid as appropriate or will be denied payment until the incorrect information on the invoice is revised in accordance with this section of the SOW, and the invoice is resubmitted for payment.

17. PERSONNEL

17.1. The Contractor shall provide one (1) representative who shall act as the primary liaison between the VISN 22, VA New Mexico Healthcare System and the Contractor regarding this contract.

17.2. The representative shall be available regardless of ordering method. No later than 20 days after contract start date, VA shall be provided with a list of liaisons serving the VISN 22, VA New Mexico Healthcare System covered under this contract. The contact list shall include name, phone, and email.

17.3. The name of the person shall be designated in writing to the Contracting Officer. The Contractor’s liaison shall have full authority to act for the Contractor on all matters related to:

· Daily operations of the contract

· Assisting in resolving invoice issues

· Assisting in resolving delivery issues

· Serving as the point of contact for arranging annual cylinder audits

18. CONDUCT OF CONTRACTOR PERSONNEL

18.1. Contractor employees shall conduct themselves in a manner socially acceptable. Loudness, vulgarity, rudeness, or other similar offensive conduct by an employee of the Contractor will be grounds for denying the employee further access to the VA premises.

18.2. Contractor employees shall always wear visible identification while on the premises of the VA medical facility, warehouse, CBOC, etc.

(END OF SOW)

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

MEDICAL GAS CONTRACT: DELIVERY OF MULTI-CYLINDER MEDICAL GAS TO CENTRAL SUPPLY. POP:01/04/2025 - 01/03/2026

B.4 DELIVERY SCHEDULE

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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.