36C26321R0142.docx

36C26321R0142

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

36C26321R0142 07-26-2022 Wendy Hoeschen 320-255-6307 08-12-2022

12PM

CDT

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

Contract Officer 4801 Veterans Drive St. Cloud

MN

56303 X 325120 1000 Employees N/A X Department of Veterans Affairs Iowa City VA Health Care System 601 Highway 6 West Iowa City

IA

52246 Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

4801 Veterans Drive St Cloud

MN

56303

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin

TX

78714-9971 See CONTINUATION Page

ALL LARGE BUSINESS SUBMISSIONS MUST INCLUDE A SMALL BUSINESS

SUBCONTRACTING PLAN AT THE TIME OF SUBMISSION OR YOUR OFFER

WILL BE CONSIDERED NON-RESPONSIVE.

Please submit your offers to wendy.hoeschen#va.gov through email prior to the last date and time for submission.

Failure to submit your offer on time will result in your offer being considered non responsive.

Please fill out the entire 1449, sign, and return it in it's entirety with any required attachments. You may break it up into multiple emails in order to do so.

FAR Part 13 Simplified Acquisition Procedures for Commercial Items will be used for this solicitation. Lowest Price Technically Acceptable is the evaluation method for this procurement.

See CONTINUATION Page To be issued on each delivery order X X Wendy Hoeschen Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

Intentionally Left Blank

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 36C263 Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

Contract Officer 4801 Veterans Drive St. Cloud MN 56303

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.

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

Medical Grade Bulk Liquid Oxygen

1. General

1.1. Veteran Integrated System Network (VISN) 23 has established an ongoing requirement which requires a contractor to provide Medical Grade Bulk Liquid Oxygen. Minneapolis VA will also need Medical Grade Bulk Nitrogen. If the Government facility does not own its own bulk oxygen or nitrogen tank system, the contractor shall provide a contractor-owned tank system with an appropriate back-up system (i.e. reserve tank or cylinder bank). Specifications for each facility are listed. The contractor shall provide all needed components to support a Food and Drug Administration (FDA) medical grade bulk liquid oxygen & nitrogen tank system in accordance with National Fire Protection Agency (NFPA) 99. The contractor shall have an off-site monitoring system (telemetry system) that will allow the contractor to independently monitor the system and refill requirements.

1.2. Location/Facility Requirements: All supplies of medical grade liquid bulk oxygen shall be delivered to the VISN 23 Medical Centers listed below. All supplies of the medical grade liquid bulk nitrogen shall be delivered to the Minneapolis VA.

1.2.1. Sioux Falls VA Health Care System - 2501 W. 22nd Street, Sioux Falls, SD 57105

1.2.2. Fargo VA Healthcare System - 2101 Elm Street N. Fargo, ND 58102

1.2.3. Grand Island-VA Nebraska-Western Iowa Health Care System - 2201 N Broadwell Ave, Grand Island NE 68803

1.2.4. Omaha - VA Nebraska-Western Iowa Health Care System - 4101 Woolworth Avenue Omaha, NE 68105

1.2.5. Iowa City VA Health Care System - 601 Hwy 6 West Iowa City, IA 52246

1.2.6. VA Central Iowa Health Care System - 3600 30th Street Des Moines, IA 50310-5774

1.2.7. Minneapolis VA Health Care System - One Veterans Drive Minneapolis, MN 55417

1.2.8. St. Cloud VA Health Care System - 4801 Veterans Drive St. Cloud, MN 56303

1.2.9. VA Black Hills Health Care System - Hot Springs Campus - 500 North 5th Street Hot Springs, SD 57747

1.2.10. VA Black Hills Health Care System - Fort Meade Campus - 113 Comanche Road Fort Meade, SD 57741

1.3. The Contractor will be required to make deliveries of medical grade liquid bulk oxygen & nitrogen over the life of the contract. The quantities shown below are estimates of each facility’s annual requirements. The Government is anticipating awarding a Base Plus Four (4) contract for a total of five (5) years. There is no express or implied guarantee that these quantities will be purchased.

1.3.1

1.4. A Contracting Officer Representative (COR) 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.

1.5. The Contractor shall provide written procedures, annual in-service training for VA staff on protocols to ensure safety on and around the tank systems. The Contractor will 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. For Fargo VAMC this information shall be provided to the Biomed Supervisor after contract award and every annual preventative maintenance. For VISN 23 VA Medical Centers Annual preventive maintenance shall be scheduled by the vendor on a 12-month rotation. At no time will a preventive maintenance extension be allowed. It will be the responsibility of the vendor to schedule the annual preventive maintenance inspection.

2. Acronyms

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

BOP – Federal Bureau of Prisons CCF – 100 cubic feet CF – Cubic feet CGA – Compressed Gas Association CGMP – Current Good Manufacturing Practices CO – Contractor owned COR - Contracting Officer Representative DOD – Department of Defense DOT – Department of Transportation FDA – U.S. Food & Drug Administration GO – Government owned IHS – Indian Health Service NFPA – National Fire Protection Association USP – United States Pharmacopeia OGA – Other Government Agency (Other than VA) VA – Department of Veterans Affairs OSHA – U.S. Department of Labor, Occupational Safety and Health Administration

3. Government-Furnished Property

3.1. The schedule of items will identify the bulk oxygen storage tank system(s) at each facility as being Government Owned (GO). GO bulk oxygen storage tank systems and appurtenances will be maintained by the vendor in a manner that will ensure compliance with applicable 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, and the NFPA 55 & 99 compliance, and safe access for the resupply operations.

3.2. Prior to the effective date of the contract, all bulk tank systems and materials shall be inspected by the Contractor at the Contractor’s expense. The Contractor shall notify the COR of any issues related to the Contractor not being able to perform their duties of filling the bulk oxygen tank system due to the tank system, pad or access to the tank system. Each facility shall provide the Contractor reasonable access to the facilities they are responsible for.

3.3. The vendor shall be responsible for annual maintenance and testing of government-owned property to ensure safety is in accordance with applicable regulations and standards.

4. Contractor-Furnished Bulk Tank System

4.1. For those facilities listed in the schedule of items as having contractor owned bulk tank systems, the contractor shall provide, install, and maintain bulk oxygen & nitrogen tank(s) with appropriate back-up system(s). Government facilities that require installation of contractor owned equipment, shall provide a suitable location and foundation for the installation of the contractor owned bulk oxygen tank(s). Additionally, each facility shall provide access to an electrical power source and hook up to a facility-maintained alarm system. Through the duration of the Contract, the Contractor shall be liable for the integrity, suitability, and safety of Contractor-owned bulk oxygen tank system(s) that will ensure compliance with applicable regulations, and standards. The Contractor shall assist the VA Electricians with hooking up the facility-maintained alarm system, consistent with NFPA 55 & 99 that requires an uninterrupted electrical connection between the alarm panel(s) inside the facility and the gauges on the tanks. The Contractor shall work with the VA electricians and the Contractor will have the required conduits on site. Through the duration of the contract, the Contractor shall be liable for the integrity, suitability, and safety of Contractor owned tank system(s) that will ensure compliance with applicable regulations, standards and commercial practices.

4.2. The tank system capacity and reserve system shown in the schedule are minimum capacities required by the using facilities. The option for a facility to expand their capacity to ensure facility is meeting minimum needs for growth throughout the life of the contract will be assessed by the individual facility. Facility will identify additional Bulk Oxygen Tank System as needed on campuses. The Contractor shall work with the VA facility engineers and plumbers to locate the correct pipes for temporary tank system hook up. Each facility will have full H cylinders on hand to cover every inpatient bed that is currently hooked up to receive bulk oxygen from internal pipes.

4.3. The contractor will provide a complete contingency plan that must be approved and tested by VA Emergency Management prior to swap out. The manifold, cylinders for the reserve supply and portable tank system, 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 & nitrogen system shall be furnished by the Contractor, without cost to the Government during the swap out. If the VA requires additional contingency items, such as H cylinders and more than one portable tank systems, the contractor will provide and remove within a week after the swap out. The manifold or liquid converter shall deliver of medical-grade liquid bulk oxygen & nitrogen at a pressure and rate of flow adequate to supply the system. Each liquid oxygen & nitrogen storage container shall have an outlet that allows access for testing the purity of the oxygen.

4.4. All Bulk Tank System and materials required to cover all components and separators of the tank system to perform on the contract (other than what is specifically listed in section 3, Government-Furnished Property) shall be provided by the Contractor. Contractor owned Bulk Tank System shall be inspected and maintained by the Contractor without additional cost to the Government. Contractor owned Bulk Tank Systems shall be kept in standard commercial operating condition and appearance, in accordance with applicable federal and state laws, regulations, and standards of commercial practices. The Contractor shall be afforded reasonable access to the bulk oxygen & nitrogen systems for this purpose.

5. Installation and Service of Contractor-Owned Bulk Tank System

5.1. To permit orderly transition from one Contractor to another, the Contractor shall continue to honor the contract’s monthly Bulk Tank System rental fee and of medical-grade liquid bulk oxygen & nitrogen contract price for a maximum of ninety (90) days beyond the scheduled expiration of the contract period, unless transition from one Contractor to another is completed prior to the ninetieth day transition period. For any partial month, the Contractor shall prorate the monthly Bulk Tank System rental fee accordingly. The Contractor shall continue to provide and maintain its Bulk Tank System during this transition period. The Contractor shall provide an implementation plan that must meet the installation period.

5.1.1. Phase In: The billing period shall begin on the noted transition date. Payments shall be assessed based on the providers established rate and prorated from setup date. Prorated monthly rates are based on a 30-day month.

5.1.2. 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 replacement Bulk Tank System has been installed. The outgoing Contractor shall coordinate transition of Bulk Tank System / services with the incoming Contractor as soon as possible, but not to exceed ninety (90) days from date of contract expiration. If additional transition time is required beyond contract expiration, a separate Purchase Order shall be issued to the Contractor for payment of services on a pro-rated basis. Prorated monthly rates are based on a 30-day month.

5.1.3. Security: The Contractor during the potential switch out of tanks is responsible for security of temp tank/ trailer on ground until new system is put into place.

5.2 Unless otherwise directed by the using facility, Contractor owned Bulk Tank System shall be installed by the effective date of the contract and shall be connected to the of medical-grade liquid bulk oxygen or nitrogen system on that date; provided. If the Contractor’s Bulk Tank System replaces Bulk Tank System already in use, the exchange of Bulk Tank System shall be accomplished without interruption of medical-grade liquid bulk oxygen supply to the using facility. Contractor installed Bulk Tank System shall remain the property of the Contractor and shall be removed upon termination of the contract, when directed by the ordering facility and in full cooperation with the succeeding Contractor to avoid interruption of medical-grade liquid bulk oxygen supply.

5.3 All Contractor owned Bulk Tank System shall be installed in accordance with NFPA 55: Compressed Gases and Cryogenic Fluids Code, Current Edition, NFPA 99 Standard for Health Care Facilities, 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 Bulk Tank System.

5.4 A copy of the state’s pharmaceutical license, registration and permits shall be provided at time of contract award.

5.4.1. Iowa- Supplier of medical grade bulk liquid oxygen pharmaceutical distribution license, permits, and registrations.

5.4.2. Minnesota-Supplier of medical grade bulk liquid oxygen & nitrogen pharmaceutical distribution license, permits, and registrations.

5.4.3. Nebraska- Supplier of medical grade bulk liquid oxygen pharmaceutical distribution license, permits, and registrations.

5.4.4. North Dakota- Supplier of medical grade bulk liquid oxygen pharmaceutical distribution license, permits, and registrations.

5.4.5. South Dakota- Supplier of medical grade bulk liquid oxygen pharmaceutical distribution license, permits, and registrations.

5.5 If indicated by the using facility that the ownership of the installed equipment belongs to another Contractor, they may require the succeeding Contractor to maintain the installed equipment, and not reinstall until a new tank due to supply demand issues going on. The Contractor shall provide a copy of the agreement to either purchase or distribute fill and maintenance of the equipment.

6. Ordering

6.1. Bulk gases are ordered in accordance with telemetry systems and delivered to the individual ordering facilities. Fill point settings for bulk oxygen tank systems (per inches) will be established by VA Safety and/or Engineering personnel. All confirmation responses will be processed in the same day as the orders are submitted. Requests for delivery shall be placed with Contractor through the following:

FAX Number:

Email Address:

Department:

Name of Contact Person:

Address:

6.2. 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 issuance of 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. Purchase orders (PO) will be generated annually by the C`O. 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.

6.3. Per VHA Directive 7515, Qualified Staff, as designated by the VA medical facility Director or the Facility or Engineering Manager, are responsible for:

6.3.1. Liquid Bulk Oxygen & Nitrogen delivery and monitoring:

6.3.1.1. Being present and monitoring the re-filling of the main and backup oxygen tanks,

6.3.1.2. Prior to unloading commencing, verifying that the product being delivered meets the specification of medical oxygen/nitrogen, and documenting this verification in accordance with the VA medical facility procedures determined by the VA medical facility Director or Facility/Engineering Manager.

6.3.1.3. Verifying quantity delivered versus quantity indicated on the receiving slip and documenting this verification in accordance with VA medical facility Director or Facility/Engineering Manager.

6.3.1.4. Monitoring the unloading of liquid oxygen/nitrogen to confirm level of tank, that area is secure upon completion, and that no alarms are active.

6.3.1.5. Verifying and documenting primary and backup oxygen tank levels at the task daily.

7. Delivery of Medical Liquid Bulk Oxygen

7.1. The Contractor shall deliver medical-grade liquid oxygen/ nitrogen within the time frame specified in the schedule of items for each facility. Normal deliveries, excluding emergency delivery situations, will only occur during normal business hours (8:00am to 4:00pm, Monday through Friday). The time frame identified may be either the number of calendar days after receipt of the Government’s order, the specific days of the week for delivery, the specific time intervals between deliveries, a specified reorder point based on telemetry, or other specified ordering and delivery method, mutually agreed upon with the facility COR. If the time frame for Contractor delivery is not identified in the facility requirements, the Contractor must provide 24-hour notice prior to delivery or upon mutual agreement between the facility COR, Fargo’s contact will also include the Biomed Department, and Contractor, alternate ordering/delivery methods such as pre-scheduled deliveries, calling for tank system level readings, installing a telemetry unit, etc. may be arranged. The process of all orders will be agreed upon by the COR and Contractor. If for any reason the Contractor is unable to delivery at the agreed upon 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 will be designated by each facility and identified during site inspection. Contractor will be provided with names and contact information of primary and back-up facility representatives. This applies to all deliveries regardless of time or day of execution.

7.2. Tank systems(s) will be filled to maximum functional capacity at each refilling procedure.

7.3. At the time of each delivery, Contractor shall provide 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. This document must be countersigned by the facility representative supervising the delivery. Delivery audits will be performed by the facility and matched for accuracy.

7.4. Emergency delivery will be provided within 24 hours after receipt of Government notification. Contractor shall respond to the facility by either telephone or email within one hour to confirm receipt of emergency notification to ascertain the nature of the emergency. Emergency status is determined by the Government when conditions warrant, such as an actuated main bulk tank due to damage caused by 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 agreed delivery schedule and requirements does not constitute a “emergency” for purposes of charging an emergency fee.

Once validated, the facility will 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.

7.5. The Contractor will not be required to make delivery on federally observed holidays. When the normal delivery day falls on a federal holiday, the Contractor shall make delivery on the next workday following that holiday. Normal deliveries, excluding emergency delivery situations, will only occur during normal business hours (8:00am to 4:00pm, Monday through Friday). The following holidays are observed by the Federal Government:

New Year’s Day Martin Luther King’s Birthday (3rd Monday in January) Presidents Day (3rd Monday in February) Memorial Day (last Monday in May) Independence Day (July 4th) Labor Day (1st Monday in September) Columbus Day (2nd Monday in October) Veterans Day (November 11th) Thanksgiving Day Christmas Day Or any day that is declared a national Holiday per Executive Order by the President

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

8. Quality Assurance Specifications and Requirements

8.1. All medical gas manufacturers and fillers of medical gases must 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).

8.2. 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 (U.S.P.).

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

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

8.5. A copy of all inspection reports shall be provided to each facility COR upon the completion of any Contractor owned or government owned bulk oxygen system inspections that are required by regulation and at a minimum done annually. Fargo requires an annual preventative maintenance inspection of the bulk system; final inspection result will be provided to the Biomed Supervisor. Fargo request certificate document of the qualified tech performing preventative maintenance of the bulk tank system during annual preventative maintenance inspection, certificate must be provided to the Biomed Supervisor.

8.6. All Contractor owned Bulk Tank System shall be maintained or repaired in accordance with NFPA 55 (Current Edition) and FDA’s Current Good Manufacturing Practices (CGMP) Regulations.

9. Applicable Regulations & Standards

9.1. 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 System 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

NFPA 99: Standard for Health Care Facilities

U.S.P. 23

9.2. 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 measurement of gases from one form to another. For example, the following conversion factor shall apply for conversion from gallons to cubic feet.

Calculation based on data in CGA P-6

1 ft³ liquid O2 = 860.6 ft³ gas 1 ft³ liquid O2 = 7.48052 gal

Therefore:

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

1 gal liquid O2 = 860.6 ft³ gas 7.48052

1 gal liquid O2 = 115.05 ft³ gas or more commonly quoted as 1 gal liquid O2 = 115.1 ft³ gas

10. CONDUCT OF PERSONNEL:

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

10.2. The Contractors employee(s) shall wear visible identification on uniform shirt and badge at all times while on the premises and the delivery truck must be clearly and appropriately labeled with Contractor signage when on VA medical facility, Warehouse, and CBOCs.

11. Emergency Supply Support

Each Veterans Administration Medical Centers/Health Care System in VISN 23 listed are designated as Federal Emergency Medical Facilities with significant contingency and emergency response roles. Accordingly, the Contractor shall provide contingency plan to offer strategies to provide emergency supply support during major catastrophic events. The contingency plan will clearly detail and identify the number of portable tanks and H cylinders used and document the process and timeline for initiating and furnishing the supply of the system. These strategies shall include additional methods of contacting for ordering medical gas and offering Federal Emergency Medical Facilities, at no cost, the option to pre-prepare order lists tailored to potential catastrophic events likely to occur in their area (fire, mass contamination, epidemic, earthquake, tornados, typhoons, snow storms etc.). Because of the emergency nature of these orders Contractor must perform with full delivery to the facility of the required quantities of 90% or more of the order within 12 hours of callout by the facility or their geographical area(s) as designated by the CLIN(s), with 99% or more of all remaining order delivered within the next 24 hour period (the fee for calling out these pre-prepared orders shall be fixed in accordance with emergency fee). This performance requirement applies whether a single facility or multiple facilities are impacted by the catastrophe.

The contractor will be also responsible for legally documenting proof of reservation on one standby, portable oxygen supply unit capable of being mobilized to provide VISN 23 Medical Centers with oxygen after a catastrophic event to the primary and reserve liquid bulk oxygen tanks. This portable unit must be able to arrive and begin supplying oxygen to patient care floors within 12-hour of the notification time to the logistics coordinator responsible for mobilizing the unit. This 12-hour arrival requirement must be legally documented and rehearsed at least once successfully during the base year of the contract. Once a successful rehearsal (i.e. within 12-hours the portable unit is able to arrive on location and begin supplying sufficient oxygen to meet the normal demand of the VISN 23 Medical Centers at the determination of the VA engineering department’s leadership) has been completed, the documented emergency response trial must be sign by the VISN 23 Medical Center’s Chief of Engineering for this contract to be officially completed. If additional rehearsals are required from the contractor due to failing this time requirement, the additional emergency response trial runs to meet this contract’s performance criteria will be at the expense of the contractor and not the VA.

12. INVOICE AND PAYMENT

12.1 After deliveries are made, a legibly signed and dated proof of delivery (POF) document must be provided that identifies the tank system level prior to fill, the level after fill, and the quantity delivered in Cubic Feet (CF). The invoice that is submitted shall match the POF documents quantity delivered and invoiced in CFs.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Bulk Oxygen for delivery to the following locations. VA Black Hills Hot Springs Campus, VA Black Hills Fort Meade Campus, VA Sioux Falls Healthcare System, Fargo VA Healthcare System, Grand Island VA NWI Health Care System, Omaha NWI VA Healthcare system, Iowa City VA Helathcare System, St. Cloud VA Healthcare System, Minneapolis VA Healthcare System

Primary Tank 3000 Gallon Capacity Monthly Rental

Primary Tank 1500 Gallon Capacity Monthly Rental

Primary Tank 6000 Gallon Capacity Monthly Rental

Primary Tank 9000 Gallon Capacity Monthly Rental

Primary Tank 900 Gallon Capacity Monthly Rental

Primary Tank 800 Gallon Capacity Monthly Rental

Back up Tank 1500 Gallon Capacity Monthly Rental

Back up Tank 525 Gallon Capacity Monthly Rental

Back up Tank 500 Gallon Capacity Monthly Rental

Back up Tank 250 Gallon Capacity Monthly Rental

Back up Storage HP Cylander monthly Rental

Primary Tank 1500 Gallon Capacity Liquid Nitrogen Monthly Rental

Surge Tank 2000 Gallon Capacity Minneapolis VAHCS Monthly Rental

Surge Tank 2000 Gallon Capacity Minneapolis VAHCS Removal

Preventative Maintenance Training for VISN 23 Personnel

Emergency Delivery Fee for any VISN 23 site

Bulk Oxygen for delivery to the following locations. VA Black Hills Hot Springs Campus, VA Black Hills Fort Meade Campus, VA Sioux Falls Healthcare System, Fargo VA Healthcare System, Grand Island VA NWI Health Care System, Omaha NWI VA Healthcare system, Iowa City VA Helathcare System, St. Cloud VA Healthcare System, Minneapolis VA Healthcare System

Primary Tank 3000 Gallon Capacity Monthly Rental

Primary Tank 1500 Gallon Capacity Monthly Rental

Primary Tank 6000 Gallon Capacity Monthly Rental

Primary Tank 9000 Gallon Capacity Monthly Rental

Primary Tank 900 Gallon Capacity Monthly Rental

Primary Tank 800 Gallon Capacity Monthly Rental

Back up Tank 1500 Gallon Capacity Monthly Rental

Back up Tank 525 Gallon Capacity Monthly Rental

Back up Tank 500 Gallon Capacity Monthly Rental

Back up Tank 250 Gallon Capacity Monthly Rental

Back up Storage HP Cylander monthly Rental

Primary Tank 1500 Gallon Capacity Liquid Nitrogen Monthly Rental

Surge Tank 200 Gallon Capacity Minneapolis VAHCS Monthly Rental

Surge Tank 200 Gallon Capacity Minneapolis VAHCS Removal

Preventative Maintenance Training for VISN 23 Personnel

Emergency Delivery Fee for any VISN 23 site

Bulk Oxygen for delivery to the following locations. VA Black Hills Hot Springs Campus, VA Black Hills Fort Meade Campus, VA Sioux Falls Healthcare System, Fargo VA Healthcare System, Grand Island VA NWI Health Care System, Omaha NWI VA Healthcare system, Iowa City VA Helathcare System, St. Cloud VA Healthcare System, Minneapolis VA Healthcare System

Primary Tank 3000 Gallon Capacity Monthly Rental

Primary Tank 1500 Gallon Capacity Monthly Rental

Primary Tank 6000 Gallon Capacity Monthly Rental

Primary Tank 9000 Gallon Capacity Monthly Rental

Primary Tank 900 Gallon Capacity Monthly Rental

Primary Tank 800 Gallon Capacity Monthly Rental

Back up Tank 1500 Gallon Capacity Monthly Rental

Back up Tank 525 Gallon Capacity Monthly Rental

Back up Tank 500 Gallon Capacity Monthly Rental

Back up Tank 250 Gallon Capacity Monthly Rental

Back up Storage HP Cylander monthly Rental

Primary Tank 1500 Gallon Capacity Liquid Nitrogen Monthly Rental

Surge Tank 200 Gallon Capacity Minneapolis VAHCS Monthly Rental

Surge Tank 200 Gallon Capacity Minneapolis VAHCS Removal

Preventative Maintenance Training for VISN 23 Personnel

Emergency Delivery Fee for any VISN 23 site

Bulk Oxygen for delivery to the following locations. VA Black Hills Hot Springs Campus, VA Black Hills Fort Meade Campus, VA Sioux Falls Healthcare System, Fargo VA Healthcare System, Grand Island VA NWI Health Care System, Omaha NWI VA Healthcare system, Iowa City VA Helathcare System, St. Cloud VA Healthcare System, Minneapolis VA Healthcare System

Primary Tank 3000 Gallon Capacity Monthly Rental

Primary Tank 1500 Gallon Capacity Monthly Rental

Primary Tank 6000 Gallon Capacity Monthly Rental

Primary Tank 9000 Gallon Capacity Monthly Rental

Primary Tank 900 Gallon Capacity Monthly Rental

Primary Tank 800 Gallon Capacity Monthly Rental

Back up Tank 1500 Gallon Capacity Monthly Rental

Back up Tank 525 Gallon Capacity Monthly Rental

Back up Tank 500 Gallon Capacity Monthly Rental

Back up Tank 250 Gallon Capacity Monthly Rental

Back up Storage HP Cylander monthly Rental

Primary Tank 1500 Gallon Capacity Liquid Nitrogen Monthly Rental

Surge Tank 200 Gallon Capacity Minneapolis VAHCS Monthly Rental

Surge Tank 200 Gallon Capacity Minneapolis VAHCS Removal

Preventative Maintenance Training for VISN 23 Personnel

Emergency Delivery Fee for any VISN 23 site

Bulk Oxygen for delivery to the following locations. VA Black Hills Hot Springs Campus, VA Black Hills Fort Meade Campus, VA Sioux Falls Healthcare System, Fargo VA Healthcare System, Grand Island VA NWI Health Care System, Omaha NWI VA Healthcare system, Iowa City VA Helathcare System, St. Cloud VA Healthcare System, Minneapolis VA Healthcare System

Primary Tank 3000 Gallon Capacity Monthly Rental

Primary Tank 1500 Gallon Capacity Monthly Rental

Primary Tank 6000 Gallon Capacity Monthly Rental

Primary Tank 9000 Gallon Capacity Monthly Rental

Primary Tank 900 Gallon Capacity Monthly Rental

Primary Tank 800 Gallon Capacity Monthly Rental

Back up Tank 1500 Gallon Capacity Monthly Rental

Back up Tank 525 Gallon Capacity Monthly Rental

Back up Tank 500 Gallon Capacity Monthly Rental

Back up Tank 250 Gallon Capacity Monthly Rental

Back up Storage HP Cylander monthly Rental

Primary Tank 1500 Gallon Capacity Liquid Nitrogen Monthly Rental

Surge Tank 200 Gallon Capacity Minneapolis VAHCS Monthly Rental

Surge Tank 200 Gallon Capacity Minneapolis VAHCS Removal

Preventative Maintenance Training for VISN 23 Personnel

Emergency Delivery Fee for any VISN 23 site

B.3 DELIVERY SCHEDULE

501,400.00

36.00

24.00

12.00

12.00

12.00

12.00

12.00

24.00

24.00

12.00

24.00

12.00

12.00

1.00

20.00

20.00

501,400.00

36.00

24.00

12.00

12.00

12.00

12.00

12.00

24.00

24.00

12.00

24.00

12.00

12.00

1.00

20.00

20.00

501,400.00

36.00

24.00

12.00

12.00

12.00

12.00

12.00

24.00

24.00

12.00

24.00

12.00

12.00

1.00

20.00

20.00

501,400.00

36.00

24.00

12.00

12.00

12.00

12.00

12.00

24.00

24.00

12.00

24.00

12.00

12.00

1.00

20.00

20.00

501,400.00

36.00

24.00

12.00

12.00

12.00

12.00

12.00

24.00

24.00

12.00

24.00

12.00

12.00

1.00

20.00

20.00

36C26321R0142

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(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;

(…