36C26225Q0571_1.docx

36C26225Q0571

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

605-25-3-074-6197

03-05-2025 Oliveros, Victor 818-632-4370 03-21-2025 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

VA Loma Linda Health Care System

11201 Benton Street Loma Linda CA 92357 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 This Solicitation is for Medical Gases with a Base plus 4 option years. This is a total set-aside for SDVOSB's.

Solicitation closes 3/21/2025 at 15:00 PT, responses due to victor.oliveros@va.gov

Pursuant to the Small Business Administration's nonmanufacturer rule waiver guidelines, hereby a waiver to allow Industrial Gases Manufacturing NAICS 325120 to fulfill this contract has been granted on 04/27/2006 federal Register Notice 71 Fed. Reg. 24889

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 acceptable offer.

See CONTINUATION Page 605-3650160-074-828100-2580 0100441S9

Anthony Dela Cruz

VA-VHA-RPOW-2024-0101

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 36C262

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:

Page 1 of Page 1 of B.2 Statement of Work Base Year Plus Four One-Year Options

SCOPE OF CONTRACT:

The purpose of this award is to establish Contract for rental and filling of medical cylinder gases utilized at the VISN 19 facilities, and their community-based clinics on a Base Year Plus Four One-Year Options. 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. See:. The Contractor shall provide all labor, personnel, equipment, tools, materials, supervision and other items and services necessary provide medical grade quality “CYLINDERS” of various types of “medical gases” for patient care to the VA Loma Linda Healthcare System Loma Linda, CA 11201 Benton Street Loma Linda, CA 92357; and all others under the umbrella of VA Loma Linda Healthcare attached in the 2237 period of performance from April 1, 2025 through September 31, 2025/ Medical Gas cylinders located adjacent to locations as directed by the Facilities Management Engineer. Provide main and reserve tanks as well as provide medical gas products, tank and alerting systems, inspection, calibration of flowmeters, and annual certifications of all tank/flow/pressure gauges and ALL associated alarm system. “ Medical Gas Items” for list of gases for each station and the annual estimated quantities.

Period of Performance:

Base: 5/1/2025-4/30/2026

OP YR 1: 5/1/2026-4/30/2027

OP YR 2: 5/1/2027-4/30/2028

OP YR 3: 5/1/2028-4/30/2029

OIP YR 4: 5/1/2029-4/30/2030

The contract items will be ordered by VA Loma Linda Healthcare System Loma Linda facilities and delivered to the respective location of the ordering facility. Each facility will designate point of contacts (POCs) for this contract at timer of award.

The quantities shown in the pricing sheet are estimates of each activity's annual requirements. There is no express or implied guarantee that these quantities will be purchased. The pricing sheet also indicates whether the contractor will fill government owned (G) cylinders, will provide contractor owned (C) cylinders, or will be servicing the facility with a combination of both (C/G).

Government POCs has will be designated for each ordering facility. The POCs are responsible for local contract administration issues such as ordering and providing specific delivery instructions.

Price Work Sheet included in solicitation will be the only accepted format.

CONTRACTOR RESPONSIBILITIES:

Contractor shall be qualified and have the required levels of professional and technical experience to perform the work required by the statement of work.

Contractor shall comply with any certifications required by Local, State or Federal Department of Health regulations for transporting cylinders of any type. Proof may be requested by the requiring facility at any time.

Within 15 days after contract award, the contractor shall contact the POCs to finalize the ordering method and clarify the specific details of any delivery instructions. If agreement cannot be reached between the contractor and POC regarding any issue, the matter shall be referred to the Contracting Officer for resolution.

Contractor shall have 24 hour/7day emergency service response available for delivery of emergent VAMC medical gasses or repair of liquid systems.

Contractor shall ensure the cylinders are following applicable Federal and State Regulations. Annual cylinder testing/inspections, i.e., hydrostatic tests or leak pressure test requirements by NFPA, shall be coordinated with the POC. Invoices shall be submitted separately monthly.

Contractor shall provide all equipment and materials necessary to perform the requirements of the contract.

Contractor shall, in conjunction with medical center staff, provide a minimum of one (1) on-site inventory per year per medical center as requested by the upon medical center request.

Designated VA Personnel will escort the contractor to each location where cylinders are stored, including any CBOC within 50 miles of the main facility.

If the CBOC(s) are more than 50 miles from a main facility, the inventory will be conducted by designated and trained VA personnel.

PRODUCT SPECIFICATIONS

All medical gases shall conform to specifications prescribed in the United States Pharmacopeia and the National Formulary. All medical gas manufacturers and fillers of medical gases shall be registered with the FDA; and all medical gases shall be manufactured, processed, packed, transported, and stored according to the FDA's Current Good Manufacturing Practice (CGMP) regulations and Title 21, Code of Federal Regulations, Parts 210, 211 and 201 for labeling. Tanks shall be filled to the maximum functional capacity at each refilling procedure unless otherwise specified by the facility or as agreed upon by a written document signed and dated by the government POC.

All products, equipment, and services provided under this awarded contract shall follow all applicable Federal, state, and local regulations.

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

In addition, the following specifications are incorporated into the award and resulting contracts:

Federal Specification BB-C-l O l D, Carbon Dioxide (C02) Technical and USP, dated 3/17/2011.

Compressed Gas Association (CGA) Publications G-7 - Compressed Air for Human Respiration, Dated May 2008, and ANSI/CGAG-7.1-Commodity Specification for Air, dated October 2011.

VHA Patient Safety Advisory ID: AD24-01 Alerts and Recalls IS SR-46197. Low-flow Oxygen Regulators, dated January 2024

DELIVERY REQUIREMENTS:

The delivery time is specified per Order. The number of days specified shall be the number of calendar days after an order is placed. FOB point is destination. All transportation charges for cylinders shall be included in the price of the gas. Additional charges such as delivery fees, hazardous materials fees, fuel surcharges, etc. shall NOT be billed to or collected from the facilities for orders received under this contract.

Delivery shall be performed during normal business hours excluding federally observed holidays.

BUSINESS HOURS: Monday through Friday from 8:00 am - 4:30 pm.

FEDERAL HOLIDAYS: The following holidays are observed by the Department of Veterans Affairs: New Year’s Day, Martin Luther King’s Birthday, Washington’s Birthday, Memorial Day, Juneteenth Independence Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving, Christmas day, and any day specifically declared to be a national holiday. Should a holiday fall on a Saturday or Sunday (weekend), the holiday will occur on the Friday (if the holiday falls on a Saturday), or Monday (for holidays falling on a Sunday).

Upon delivery, the delivery driver and facility POC (Point of Contact) will conduct a tank count. Cylinders will be logged in on the ledger with the delivery date and driver ID specified. The tank delivery will be signed for by both the facility POC and delivery driver.

Pickup of empty cylinders, the delivery driver and facility POC will conduct an empty tank count. Cylinders picked up will be adjusted on the tank ledger with the pickup date and driver ID specified. The tank pick up will be signed for by both the facility POC and delivery driver.

If for any reason the contractor is unable to deliver at the agreed upon day or time, the contractor will provide 12-hour notice to the designated POC. The Contractor will find an alternate source and initiate its backup plan.

Emergency Delivery: the contractor will provide a response within (2) hour of the emergency request and deliver within (24) hours to the medical centers, and/or within (24) hours to the CBOCs. This emergency service will be provided 24 hours a day, 7 days a week, in accordance with the contract.

Government facility personnel will be available for receipt of emergent cylinders requested up to the sixth hour after notification. This service shall be provided at a fair market value fee.

CYLINDERS AND OTHER CONTAINERS

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

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

Color Coding: Cylinders shall be color coded in accordance with CGA Publication C-9 -- Standard Color Marking of Compressed Gas Containers Intended for Medical Use, dated February 2008.

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.

Regulators: Contractor shall be able to fill all Government owned cylinders with Low-flow (0-4L/min or 0-8L/min) Integrated Regulators and High-flow (0-15 L/Min or 0-25 L/min) integrated oxygen regulators, as specified in VHA Patient Safety Advisory ID: AD24-01 Alerts and Recalls IS SR-46197. Low-flow Oxygen Regulators

Valves: Valves shall comply with CGA Safety Bulletin SB-26 dated May 2007 and CGA Publication V-1 -- Compressed Gas Association Standard for Compressed Gas Cylinder Valve Outlet and Inlet Connections, dated 11/14/05.

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

Hydrostatic Testing:

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

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

Hydrostatic testing shall be performed in accordance with CGA's Publication -- C-1, Methods for Hydrostatic Testing of Compressed Gas Cylinders, dated 7/17/09.

Visual inspection shall be performed in accordance with the applicable CGA Publications C-6 -- Standards for Visual Inspection of Steel Compressed Gas Cylinders, dated 3/8/07 or C-6.1 -- Standards for Visual Inspection of High-Pressure Aluminum Compressed Gas Cylinders, dated 12/21/06.

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.

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.

VA LOMA LINDA HEALTH CARE SYSTEM – 11201 BENTON STREET

Medical Oxygen x 3 Size “H”

Medical Oxygen x 3 Size “H”

WOMENS CLINIC 10391 CORPORATE DRIVE REDLANDS CA

PRICE OF SERVICES FOR GOVERNMENT-OWNED AND CONTRACTOR-OWNED CYLINDERS

The offeror's price for the gas shall include the furnishing, at no additional cost, of all services which are required at every filling of a cylinder to comply with applicable regulations, specifications, and normal good practices. Such services shall include, but not be limited to: tags indicating cylinder is "Full," In Use," or "Empty"; inspection, testing, evaluation, and cleaning services required at every filling; pin- indexing, when required, and attachment of Government-furnished warning tags, when required. The contractor at no additional cost will provide transitional “Train the Trainer” training to designated VA personnel on the proper procedures involving the attachment of oxygen cylinders to manifold systems if required. In addition to services listed in this paragraph, the contractor is responsible for all maintenance and testing of contractor-owned cylinders.

NON-REPAIRABLE GOVERNMENT PROPERTY

Prior to disposing of non-repairable government-owned cylinders, parts, fittings, and appurtenances, the contractor shall contact the ordering (owning) activity.

Contractor shall make disposition in accordance with the ordering activity's instructions.

Contractors 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 Pricing Schedule.

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.

LOST OR DAMAGED CONTRACTOR-OWNED CYLINDERS:

The VA and the Contractor shall perform an annual, on-site inventory, of all Contractor owned cylinders to verify the accuracy of the end of month balance of rental cylinders based off the most recent invoice. Each VA facility will work collaboratively with the Contractor personnel to complete the inventory. The VA will obtain access to all pertinent areas and escort the Contractor personnel for the purpose of counting existing contractor owned cylinders at the specific VA facility. (see paragraph 2.7) For each contractor-owned cylinder lost or damaged beyond repair while in the Government's possession, the Government shall pay to the Contractor the replacement value, 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. Contractor shall maintain a tracking of the cylinders to ensure proper accountability and shall provide the ordering activities the tracking data upon request.

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

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

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.

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.

MEASUREMENT AND CONVERSION COMPUTATION, ATMOSPHERIC GASES AND HYDROGEN:

Density data and volume measurement equivalents printed in CGA Publication P-6 -- Standard Density Data, Atmospheric Gases and Hydrogen, dated 8/17/05 shall be used when necessary to convert measurement of these gases from one form to another: for example, from cubic feet to gallons.

QUALITY ASSURANCE SPECIFICATIONS AND REQUIREMENTS:

All medical gas manufacturers and fillers of medical gases shall be registered with FDA as drug manufacturers. All oxygen shall be manufactured, processed, packed, transported, and stored according to FDA’s Current Good Manufacturing Practices (CGMP) regulations, and all labeling shall comply with FDA’s labeling regulations (21 CFR Part 201).

All oxygen delivered under the contract shall be medical-grade and shall meet or exceed the standards cited in the current edition of the United States Pharmacopoeia/National Formulary (U.S.P.).

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

Supplier’s name and complete address Name of the product (i.e., Oxygen U.S.P.)

An air Liquefaction Statement where appropriate Lot number or other unique identification number Actual analytical results for full U.S.P. monograph testing. (A statement that only proclaims that the product meets the minimum purity of 99.5%, etc. is not acceptable.) Test method used to perform the analysis. (A statement such as “Meets U.S.P. specifications” is not acceptable; nor would “Tested via Servomex” be acceptable since the specific model number is not provided.)

Signature of authorized supplier representative and date.

A copy of all inspection reports conducted by OSHA, JC. Or any other regulatory agency shall be delivered to the facility Point of Contact (POC), upon the completion of any oxygen system inspections that are required by regulation.

IDENTIFICATION:

The Contracted employee(s) shall always wear visible identification while on the premises of the VA medical facility, Warehouse, Clinic, etc.

Point of Contact (POC):

The contractor will be provided the contract information by the POC prior to the start date.

Performance of work under this contract shall be subject to the technical direction of the POC, or a representative designated in writing. Technical direction MUST be within the scope of the SOW. The POCs DO NOT have the authority to issue technical direction that:

Constitutes a change of assignment or additional work outside the specification(s)/work statement.

Constitutes a change as defined in the clause entitled “Changes”.

In any manner cause an increase or decrease in the contract price, or the time required for contract performance.

Changes any of the terms, conditions, or specification(s)/work statement of the contract.

Interferes with the Contract’s right to perform under the terms and conditions of the contract.

Directs, supervises, or otherwise controls the actions of the Contractor’s employees.

The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this contract. In the event the Contractor effects any changes at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

CONTRACTOR MANAGEMENT:

Contractor shall provide a point of contact (POC) and perform continual management of the functional areas contained in this SOW. A Contractor employee shall be designated to act for the POC when work is being performed in the Contract Manager’s absence.

KEY PERSONNEL: Key personnel are defined as the Contract Manager, and other designated individuals submitted by the contractor.

CONDUCT OF PERSONNEL:

Personnel employed by the Contractor in the performance of this SOW or any representative of the Contractor entering the VA premises shall be subject to inspections by the Government.

Contractor is responsible for conduct of his or her employees. The conduct includes, but is not limited to personnel appearance, inappropriate or offensive clothing which could be construed as being lewd, obscene, racially or sexually offensive, etc.

Contractor employees shall conduct their selves 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.

Contractor employees shall not consume alcohol or illegal drugs during working hours or at any other time the employees are performing work under this SOW.

VEHICLE CONDITION AND MARKINGS:

All Contractor-owned vehicles shall be maintained in an operational condition. Contractor vehicles shall be clearly marked with identification. Markings shall include, but not limited to, the Contractor’s name and telephone number on all equipment and vehicles used to carry out the requirements of the SOW.

Contractor name.

Telephone.

State license tag.

All required regulatory information.

REVIEWS:

Contracting Officer or POC is authorized to review by on-site survey, review of records, or by any other reasonable manner, the quality of services rendered under this contract. All records will be reviewed by the POC or other designated representative of the VA. Payments will be denied when such service does not support the charges or if the service is deemed not necessary or inappropriate. Such determinations shall be made by the CO or POC, whichever is appropriate.

POC or Facility POC will conduct a quarterly inventory to reconcile the number of cylinders on hand to the number of cylinders held on the ledger. A report of the inventory will be provided to the POC, CO and FCLO.

TRANSITION PERIOD:

Along with Quote, Contractor shall provide a plan for transitioning services from the incumbent Contractor to the newly awarded Contractor. The transition period for the awarded Contractor to have all required medical gas cylinders, peripherals, accessories, labels, training, inventory, installation, etc., transitioned and fully operational shall be within 30 calendar days after approved transition plan. Contractor’s submitted transition plan shall not exceed the required 30-day period contained herein. Failure of the Contractor to conform to the transition period shall be considered as sufficient cause to terminate contract for cause under the Termination for Cause clause of the contract. The VA shall have sole discretion in the decision to terminate for failure to comply.

Transition Plan: Will be evaluated along with quote.

Selling Permissions

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

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

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

DELIVERIES/PICKUP/REFILL FOR LOMA LINDA VA HOSPITAL AND REDLANDS ACC BUILDINGS, WOMEN HEALTH CLINICS, HEMET CBOC, MURRIETA CBOC, PALM DESERT CBOC Contract Period: Base POP Begin: 05-01-2025 POP End: 04-30-2026 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6835 - Medical Gases

DELIVERIES/PICKUP/REFILL FOR LOMA LINDA VA HOSPITAL AND REDLANDS ACC BUILDINGS, WOMEN HEALTH CLINICS, HEMET CBOC, MURRIETA CBOC, PALM DESERT CBOC Contract Period: Option 1 POP Begin: 05-01-2026 POP End: 04-30-2027

DELIVERIES/PICKUP/REFILL FOR LOMA LINDA VA HOSPITAL AND REDLANDS ACC BUILDINGS, WOMEN HEALTH CLINICS, HEMET CBOC, MURRIETA CBOC, PALM DESERT CBOC Contract Period: Option 2 POP Begin: 05-01-2027 POP End: 04-30-2028

DELIVERIES/PICKUP/REFILL FOR LOMA LINDA VA HOSPITAL AND REDLANDS ACC BUILDINGS, WOMEN HEALTH CLINICS, HEMET CBOC, MURRIETA CBOC, PALM DESERT CBOC Contract Period: Option 3 POP Begin: 05-01-2028 POP End: 04-30-2029

DELIVERIES/PICKUP/REFILL FOR LOMA LINDA VA HOSPITAL AND REDLANDS ACC BUILDINGS, WOMEN HEALTH CLINICS, HEMET CBOC, MURRIETA CBOC, PALM DESERT CBOC Contract Period: Option 4 POP Begin: 05-01-2029 POP End: 04-30-2030

B.4 DELIVERY SCHEDULE

1.00

1.00

1.00

1.00

1.00

SECTION C - CONTRACT CLAUSES

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

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

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

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

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

(End of Clause)

C.2 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

(End of Clause)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be…