36C26226Q0044.docx

36C26226Q0044

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

691-26-1-056-0272

Oliveros, Victor 818-632-4370 10-31-2025 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 Greater Los Angeles Healthcare System

11301 Wilshire Boulevard Los Angeles CA 90073 36C262

NCO 22

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

Department of Veterans Affairs Financial Services Center (FSC) Submit invoices electronically to:

https://www.tungsten-network.com

(877)353-9791

See CONTINUATION Page 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.

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

This is a Base plus four (4) Option Year Contract Period of Performance Base: Base year: 1/1/2026-12/31/2026

OP YR 1: 1/1/2027-12/31/2027

OP YR 2: 1/1/2028-12/31/2028

OP YR 3: 1/1//2029-12/31/2029

OP YR 4: 1/1/2030-12/31/2030

Submit the enclosed SF 1449 via email victor.oliveros@va.gov

NLT 10/31/2025 15:00 PT

See CONTINUATION Page 691-3660160-056-820100-2632 0100202E3

Dela Cruz, Anthony

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 victor.oliveros@va.gov

NCO 22

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

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

3. INVOICES: Invoices shall be submitted in arrears:

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

Submit invoices electronically to:

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

Medical Grade Bulk Liquid Oxygen

1. General

1.1. The Veterans Health Administration (VHA), Veteran Integrated System Network (VISN) 22, has established an ongoing requirement that requires a contractor to provide Medical Grade Bulk Liquid Oxygen and Telemetry. If the Government facility does not own its own bulk oxygen tank system, the Contractor shall provide a contractor-furnished tank system with an appropriate backup system (i.e., reserve tank or cylinder bank). The Contractor shall provide all needed components to support a Food and Drug Administration (FDA) medical grade bulk liquid oxygen tank system in compliance with the National Fire Protection Agency (NFPA) 99: Health Care Facilities Code. Additionally, the Contractor must utilize an off-site, automatic monitoring system (telemetry system) that independently monitors the system and notifies the Contractor when refills are required.

This is a Supply, Fixed Price Base plus four option year contract issued in accordance with FAR 13-Simplified Acquisition Procedures. Delivery will be FOB Destination

Period of Performance:

Base: 1/1/2026-12/31/2026 Option Year 1: 1/1/2027-12/31/2027 Option Year 2: 1/1/2028-12/31/2028 Option Year 3: 1/1/2029-12/31/2029 Option Year 4: 1/1/2030-12/31/2030

This solicitation is to establish a committed source of supply of medical-grade liquid bulk oxygen for the facility. The contractor is providing a contractor-owned 9000-gallon vertical main tank and a back-up 1500-gallon tank, with an alerting device for refills, with monitoring done remotely by the contractor. This request also includes tank rental & telemetry rates for the tanks.

1.2. Location/Facility Requirements: All supplies of medical-grade liquid bulk oxygen shall be delivered to the VA Medical Centers/Health Care System Networks identified West Los Angeles VA Medical Center-11301 Wilshire Blvd Los Angeles, CA 90073. During normal business hours of 7:30AM – 4:00PM or as directed by the COR or authorized administrator.

1.2.1. The Contractor shall be required to make deliveries of medical-grade liquid bulk oxygen throughout the life of the contract. The estimated quantities are not guaranteed, which estimates each facility's annual requirements.

1.3. A Contracting Officer Representative (COR) or authorized administrator will be designated for each ordering facility. The COR is responsible for local contract administration issues such as requesting deliveries and providing specific delivery instructions. The Contractor will be provided with names and contact information of the primary and alternate COR within 20 days after award of the contract for each ordering facility.

1.4. The Contractor shall provide written procedures and initial in-service training for VA staff on protocols to ensure safety on and around the tank systems at the time of initial filling of any new or upgraded bulk oxygen tank system. The Contractor shall provide additional safety training as needed by the facility to accomplish emergency shutdowns or other sudden, unplanned termination of the refilling process. Contractor shall provide 24/7 emergency contact name(s), telephone number(s), fax number(s) and email addresses during training.

2. Acronyms

2.1 This section lists acronyms that are used in this Statement of Work and other parts of the solicitation.

CCF – 100 cubic feet CF – Cubic feet CGA – Compressed Gas Association CGMP – Current Good Manufacturing Practices COR - Contracting Officer Representative FDA – US Food & Drug Administration GO – Government-owned NFPA – National Fire Protection Association USP – United States Pharmacopeia VA – Department of Veterans Affairs OSHA – US Department of Labor, Occupational Safety and Health Administration

3. Government-Furnished Property

3.1. The schedule of items will identify any Government owned (GO) bulk tank system(s) at each facility. GO bulk oxygen storage tank systems and appurtenances will be maintained by the Government at the Government's expense in a manner that ensures compliance with applicable federal and state regulations, standards, and commercial practices. The Government is responsible for providing a pad sufficiently rated by a Certified Project Engineer to support main and reserve tanks filled to full capacity. This includes security fencing, NFPA 55 & 99 code compliance, and safe access for resupply operations.

3.2. Upon award of the contract, all GO bulk tank systems and materials must be inspected by the Contractor at the Contractor's expense. Upon inspection, the Contractor shall immediately notify the Contracting Officer if the Contractor will not be able to fill the bulk oxygen tank system because of issues related to the tank system, pad, or access to the tank system. Each facility will provide the Contractor reasonable access to the areas where work is required to be performed. Additional issues associated with Government-furnished equipment are the responsibility of the Government.

3.3. The Government will be responsible for annual maintenance and testing of GO property to ensure safety, in accordance with applicable regulations and standards.

3.4. The Contractor is responsible for performing minor maintenance on the GO bulk tank systems. Minor maintenance required of the Contractor includes validating that the fittings are securely fastened to the system, testing, and adjusting alarms as required. Also, the Contractor shall provide documentation and training on how to de-ice the tank system to prevent damage (which could void the warranty between the VA and the tank manufacturer). In the event ice build-up occurs that cannot be remedied by the contractor during regular minor maintenance, the Contractor shall furnish the VA with a quote to remove the ice buildup from the liquid bulk oxygen tank system. After the VA reviews and approves the quote, it may place a stand-alone order to authorize the work.

4. Contractor-Furnished Bulk Tank System

4.1. For those facilities listed in the Schedule of Items requiring Contractor-furnished bulk tank systems, the Contractor shall provide, install, and maintain each bulk tank system with an appropriate backup system(s). The Contractor may either purchase the existing bulk liquid oxygen tank system from the incumbent (if available) or replace the current bulk liquid oxygen tank system with its own contractor-furnished bulk liquid oxygen tank system. Government facilities that require installation of Contractor-furnished equipment will provide a suitable location and foundation for installing the Contractor-furnished bulk oxygen tank(s). Additionally, each facility will provide access to an electrical power source and hook-up to a facility-maintained alarm system. The Contractor shall assist VA electricians with hooking up the facility-maintained alarm system, consistent with NFPA 55 & 99 code requirements, which require an uninterrupted electrical connection between the alarm panel(s) inside the facility and the gauges on the tanks. The Contractor must have the required conduits on site. Throughout the duration of the contract, the Contractor shall be responsible for the integrity, suitability, and safety of Contractor-furnished tank system(s) by ensuring that they comply with applicable regulations, standards, and commercial practices.

4.2. All bulk liquid oxygen tank systems and materials required to cover all components and separators of the tank system to meet the requirements of this contract (other than what is specifically listed in section 3, Government-Furnished Property) shall be provided by the Contractor. Contractor-furnished bulk tank systems shall be inspected and maintained by the Contractor without additional cost to the Government. The Contractor-furnished bulk tank systems shall be kept in standard commercial operating conditions and appearance, in accordance with applicable federal and state laws, regulations, and commercial standards. The Contractor will be afforded reasonable access to the bulk tank systems for this purpose. Each liquid oxygen storage container must have an outlet that allows access to testing the purity of the oxygen. The manifold or liquid converter must deliver medical-grade liquid bulk oxygen at a pressure and rate of flow adequate to supply the system. Contractor shall determine the pressure and rate of flow needed at each facility.

4.3. The tank system capacity and reserve system shown in column E of the schedule reflect minimum capacities required by the user facilities. The option of a facility to expand its capacity to ensure the facility meets the minimum needs for growth throughout the life of the contract will be assessed by the individual facility. Each facility will identify any additional Bulk Oxygen Tank Systems it may need on its campus. The Contractor shall work with the VA facility engineers and plumbers to locate the correct pipes for temporary tank system hook up. The VA facility will have full H cylinders as backup measures on hand to cover every inpatient bed currently hooked up to receive bulk oxygen from internal pipes.

4.4. If the incoming Contractor subleases the liquid bulk oxygen tank system from another company, the Contractor shall provide a copy of the lease agreement to the VA. The Contractor shall then, prior to the initial filling of the tank system, conduct necessary inspection and testing of the tank system to ensure proper and safe function and shall provide a certificate of analysis of the system to the VA. The contractor shall be responsible for maintaining the sub-leased bulk oxygen tank system and must perform all required distribution fills and maintenance of the equipment.

4.5. In addition to the maintenance requirements identified above, the Contractor is also responsible for performing minor maintenance on all Contractor-furnished bulk tank systems. Minor maintenance from the Contractor shall include validating that the fittings are securely fastened to the system, testing, and adjusting alarms as required. Training staff on de-icing is required for stations that reserve the right to de-ice. If false alarms are pinging from the tank system, the Contractor shall fix and resolve the issue at no cost to the Government.

4.6. The VA will report to the Contractor any instances of major ice build-up on the tank system, vaporization tubes, or any connecting valves, tubing or pipes, or any other maintenance issue not covered by the minor maintenance performed by the Contractor. Upon notification of the issue, the Contractor shall perform an on-site inspection of the major icing issue/maintenance issue. The Contractor shall furnish a detailed quote utilizing contract pricing for the removal of the ice within 24 hours of inspection. The VA will review the quote and, if the VA approves, issue a separate delivery order/task order to have the contractor perform the needed maintenance service. Contractor shall then perform the quoted service to maintain the equipment, so as not to cause damage and to ensure the continued proper operation of the bulk liquid oxygen tank system. The performance of this delivery order/task order is to be completed within 72 hours after receipt of order.

5. Installation of Contractor-Furnished Bulk Tank System

5.1. In coordination with the use of facility and the incumbent contractor, contractor-furnished bulk tank systems must be installed, connected, and fully functional within one-hundred twenty (120) days of the effective date of the contract. If the Contractor's bulk tank system replaces the incumbent’s bulk tank system or a GO bulk tank system already in use, the exchange of bulk tank system must be accomplished without interruption of medical-grade liquid bulk oxygen supply to the using facility. Contractor-installed bulk tank systems must be removed upon termination of the contract when directed by the ordering facility and in full cooperation with the succeeding Contractor to avoid interruption of medical-grade liquid bulk oxygen supply in accordance with paragraph 14.

5.2. The Contractor shall provide a complete contingency plan that must be approved and tested by VA’s Emergency Management Department prior to swap out. Portable tank systems, including refills if necessary, during the swap out, liquid converter, alarm switch, regulator, valves, level indicator, and any other devices or connections required for proper tie-ins with the facility's medical-grade liquid bulk oxygen system must be furnished by the Contractor without cost to the Government during the swap out. If the VA requires additional contingency items, such as more than one portable tank system, the Contractor shall provide these systems at no additional cost to the Government and remove them within a week after the swap out.

5.3. Phase-in rental: The initial rental period shall begin on the date the bulk tank system is 100% operational. The initial rental amount shall be pro-rated based on the remaining days in the month the system becomes operational.

5.4. All Contractor-furnished bulk tank systems must be installed in accordance with NFPA 55: Compressed Gases and Cryogenic Fluids Code, Current Edition, NFPA 99: Health Care Facilities Code, Current Edition, and FDA's Current Good Manufacturing Practices (CGMP) Regulations. The Contractor shall comply with all OSHA standards and applicable safety requirements, including proper signage and use of personal protective equipment.

6. Licensing, Authorization, and Selling Permissions

6.1. 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.

6.2. 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.

Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

7. Liability Insurance Requirements

7.1. The contractor shall maintain liability insurance in the amount of $1 million per occurrence and shall provide an annual Certificate of Liability to the VA.

8. Ordering

8.1. If medical grade bulk liquid oxygen is ordered through telemetry systems based on automatic monitoring of the bulk liquid oxygen tank system’s established fill point, orders with the contractor are placed when the telemetry system alerts the contractor that the fill point has been reached. VA facilities may accept the standard fill point established by the Contractor. However, VA Safety and/or Engineering personnel reserve the right to establish different fill point settings for the bulk liquid oxygen tank systems. IF fill points are changed at any time throughout the duration of this contract, contractor will be notified 30 days in advance. Pricing is based on usage and estimates. Any amended fill point settings will be communicated to the Contractor by each facility’s Ordering Officer or COR.

8.2. In the event telemetry is not used to signal the contractor to initiate a delivery request, orders shall be placed with the Contractor only by ordering officers through fax or e-mail at the address/fax number and contact listed below:

FAX Number:

Email Address:

Department:

Name of Contact Person:

Address:

8.3. Ordering officers (OOs) will be authorized to place orders against this contract. The Contracting Officer (CO) will furnish the Contractor with the names of individuals authorized as OOs by separate memorandum upon issuing the contract. When OOs are added after award, the CO will furnish the Contractor with the names of individuals authorized as OOs by memorandum upon OO appointment. OOs are responsible for issuing and administering orders placed under this contract. OOs have no authority to modify any term of this basic contract. Any deviation from the terms of the basic contract must be approved in writing by the CO responsible for this contract. The Contractor shall accept orders against this contract only from the CO and/or authorized OOs. Fulfilling orders from persons other than the CO or OO may result in loss or delay in payment for supplies/services provided under such orders.

9. Delivery of Medical Liquid Bulk Oxygen

9.1. The Contractor shall deliver medical-grade liquid oxygen in accordance with the delivery parameters listed for each facility. The list of facilities and information regarding their delivery requirements is Southern Arizona VA Healthcare System-Tucson.

9.2. If for any reason the Contractor is unable to deliver at the agreed day or time, the Contractor shall provide 24-hour notice to the COR and must initiate an alternate backup action. In accordance with VHA Patient Safety Alert dated April 5, 2004, all deliveries must be monitored by a qualified and trained technical representative that shall be designated by each facility. Contractor shall be provided with names and contact information of primary and backup facility representatives. This applies to all deliveries regardless of time or day of execution.

9.3. Tank systems(s) shall be filled to maximum functional capacity each time the tank is refilled.

9.4. At the time of each delivery, the Contractor shall provide to the VA a legible signed and dated document and/or electronic delivery slip that identifies the tank level prior to the fill, after the fill, and the quantity delivered at the time of delivery. This document must be countersigned by the facility representative supervising the delivery. Delivery audits shall be performed by the facility and matched for accuracy. The driver shall convert gallons to ft³ (CF) and CCF quantity and shall list these numbers on the delivery slip to be consistent with the detail on the invoice so to provide accuracy for invoice certification.

9.5. Emergency delivery shall be provided within 24 hours after receiving Government notification. Contractor shall respond to the facility COR by either telephone or email within one hour to confirm receipt of emergency notification. Emergency status is determined by the Government when conditions warrant, such as a main bulk tank system damaged by the VA or a system imminent alarm condition, or a system leak that requires a refill in 24 hours. 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 fee.

9.6. Once validated, the facility shall post the facility and Contractor contact names and numbers on the oxygen tank system and at each monitoring point at the facility so that 24/7 supplier staff coverage is assured.

9.7. The Contractor shall not be required to make non-emergency deliveries on federally observed holidays. When the normal delivery day falls on a federal holiday, the Contractor shall deliver on the workday preceding that holiday. The following holidays are observed by the Federal Government (as well as any other day that is declared a national Holiday per an Executive Order issued by the President):

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

9.8. Note: If the holiday falls on a Saturday, it is officially observed on the Friday before the holiday. If the holiday falls on a Sunday, it is officially observed on the Monday following the holiday.

10. Quality Assurance Specifications and Requirements

10.1. 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).

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

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

· Supplier's name and complete address

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

· An Air Liquefaction Statement

· Lot number or other unique identification numbers

· Actual analytical results for full USP monograph testing is an FDA regulation under 21 CRF 211 Subpart E. (A statement that only states that the product meets the minimum purity of 99.5%, etc. is not acceptable.)

· Test method used to perform the analysis must be based on approved methods from current good manufacturing practice for medical gases guidance. (A statement such as "Meets USP specifications" shall not be acceptable, nor shall "Tested via Servomex" be acceptable since the specific model number is not provided.)

· Signature of authorized supplier representative and date.

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

A copy of all inspection reports and training certificates shall be provided to each facility COR upon completing any Contractor-furnished or GO bulk oxygen system inspections that are required and at a minimum done annually and consistent with NFPA 55 and NFPA 99 code requirements.

10.4. All Contractor-furnished bulk tank systems shall be maintained or repaired in accordance with NFPA 55 Code requirements (Current Edition) and FDA's Current Good Manufacturing Practices (CGMP) Regulations.

11. Applicable Regulations & Standards

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

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

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

49 CFR – Transportation

Federal Food, Drug, and Cosmetic Act

NFPA 55: Compressed Gases and Cryogenic Fluids Code

NFPA 99: Health Care Facilities Code

USP 23

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

11.2. Density data and volume measurement equivalents published in Compressed Gas Association Pamphlet No. P-6, titled "Standard Density Data, Atmospheric Gases, and Hydrogen," shall be used when necessary to convert the measurement of gases from one form to another. For example, the following conversion factor shall apply for conversion from gallons to cubic feet to 100 cubic feet.

Calculation based on data in CGA P-6

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

Therefore EXAMPLE:

995-gal (1 ft³) liquid O2 multiplied by the conversion factor of 1115.1 ft³ gas

Total: 114,524.5 ft³ gas divide by 100, and that is what is to be billed.

Gal liquid O2 = 115.05 ft³ gas or more commonly quoted as 1 gal liquid O2 = 115.1 ft³ gas multiplied by 100 to get the CCF.

12. Conduct of Personnel:

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

12.2. The Contractor/Sub-Contractor employee(s) shall always wear visible identification on uniform shirt and badge while on the premises. The delivery truck must be clearly and appropriately labeled with Contractor/Sub-Contractor signage when on VA medical facility, Warehouse, and CBOCs.

13. Emergency Supply Support

The contractor shall, upon contract award, provide a written action plan and protocols in place that shall ensure compliance with the VA’s requirements under the contract in the event of a declared National or State Emergency which affects the Contractor’s ability to perform. The contractor shall provide annual updates to this plan over the life of the contract. In the event the plan is implemented the Contractor shall provide notification of implementation of the action plan and protocols within 48 hours of any declared National or State Emergency to the Contracting Officer and COR. In the event that a declared National or State Emergency has been declared at the time of award the Contractor shall submit the written action plan and protocols to the Contracting Officer and COR within 48 hours of award notification.

14. De-Installation of Contractor Furnished Tank System

14.1. Phase Out: The Contractor realizes that the supplies being provided under this contract are vital and must be continued uninterrupted. The outgoing Contractor shall not remove any bulk tank system from the facility until a replacement bulk tank system, or a temporary liquid bulk oxygen supply has been successfully installed guaranteeing supply to the VA facility. In the case where the incoming Contractor is not the incumbent, the outgoing Contractor shall coordinate bulk tank system/services transition with the incoming contractor beginning at 120 days prior to the end of the contract, assuming a new contractor has been identified at that time. The Contractor shall continue to provide and maintain its bulk tank system during this transition period. If additional transition time is required beyond contract expiration, a separate Purchase Order will be issued to the Contractor for the payment of services on a pro-rated basis. Pro-rated monthly rates are based on a 30-day month. Contractor agrees that the rates in effect at the time its contract expires will remain in effect under this separate purchase order.

15. INVOICE AND PAYMENT

15.1. At the time of delivery, a legibly signed and dated proof of delivery (POD) document must be provided by the Contractor that identifies the tank system level prior to filling, the level after fill, and the quantity delivered in gallons, CFs and CCFs. The driver shall insure that the conversion between gallons, ft³ (CF), and CCF quantity is accurate so that these numbers listed on the delivery slip will be consistent with the details on the resulting invoice to facilitate invoice certification. The invoice that is submitted must match the delivery quantity on the POD document and must be invoiced in CFs.

Unit of measure is 100 Compressed Cubic Feet (CCF)

Note: Price Worksheet will be the only format reviewed for quotes.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Bulk Liquid Oxygen and Tank rental, Emergency Delivery Fee, and Monthly Telemetry Monitoring Contract Period: Base POP Begin: 01-01-2026 POP End: 12-31-2026 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6835 - Medical Gases

LOCAL STOCK NUMBER: LIQ OXEN

Bulk Liquid Oxygen and Tank rental, Emergency Delivery Fee, and Monthly Telemetry Monitoring Contract Period: Option 1 POP Begin: 01-01-2027 POP End: 12-31-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Bulk Liquid Oxygen and Tank rental, Emergency Delivery Fee, and Monthly Telemetry Monitoring Contract Period: Option 2 POP Begin: 01-01-2028 POP End: 12-31-2028

Bulk Liquid Oxygen and Tank rental, Emergency Delivery Fee, and Monthly Telemetry Monitoring Contract Period: Option 3 POP Begin: 01-01-2029 POP End: 12-31-2029

Bulk Liquid Oxygen and Tank rental, Emergency Delivery Fee, and Monthly Telemetry Monitoring Contract Period: Option 4 POP Begin: 01-01-2030 POP End: 12-31-2030

B.3 DELIVERY SCHEDULE

West Los Angeles VA Medical Center 11301 Wilshire Blvd Los Angeles, CA 90073

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…