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VISN 16: MEDICAL GASES 36C77620Q0055
Contract Opportunity Combined Synopsis/Solicitation Notice
CLASSIFICATION CODE
SUBJECT
CONTRACTING OFFICE'S
ZIP-CODE
SOLICITATION NUMBER
RESPONSE DATE (MM-DD-YYYY)
ARCHIVE
DAYS AFTER THE RESPONSE DATE
RECOVERY ACT FUNDS
SET-ASIDE
NAICS CODE
CONTRACTING OFFICE
ADDRESS
POINT OF CONTACT
(POC Information Automatically Filled from User Profile Unless Entered)
DESCRIPTION
See Attachment
AGENCY'S URL
URL DESCRIPTION
AGENCY CONTACT'S EMAIL
ADDRESS
EMAIL DESCRIPTION
ADDRESS
POSTAL CODE
COUNTRY
ADDITIONAL INFORMATION
GENERAL INFORMATION
PLACE OF PERFORMANCE
* = Required Field Contract Opportunity Combined Synopsis/Solicitation Notice VISN 16: Medical Gases 55401 36C77620Q0055 05-04-2020 N
SDVOSBC
325120 Department of Veterans Affairs Program Contracting Activity Central 212 3rd Ave. South, Suite 29 Minneapolis MN 55401 Nicole Kutsi nicole.kutsi@va.gov
The Department of Veteran Affairs (VA), Veterans Health Administration (VHA), Program Contracting Activity (PCAC), Veteran Integration Service Networks (VISN) 16 have a requirement for providing medical cylinder gases and rental cylinders for each of the facilities located within the catchment area. The gases 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 in accordance with the Schedule of Items.
A comprehensive list of actual requirements will be included in the Statement of Work and Schedule of Items within the solicitation package document.
The contract period for this requirement consists of a five (5) year base period.
The NAICS code for this procurement is 325120, Industrial Gas Manufacturing and the business size standard for this requirement is 1,000 employees. In Accordance with 38 USC 8127, the proposed contract action is being procured as a 100% Service Disabled Veteran Owned Small Business (SDVOSB) set aside. Any vendor desiring to be considered for award MUST be verified as a SDVOSB in the Vender Information Pages (VIP) database of https://www.vip.vetbiz.gov/, both at the time of quotations submittal and at time of award. All responsible SDVOSB sources are encouraged to submit a quote which shall be considered by the agency. Any vendor desiring to be considered for award MUST also be registered in the System for Award Management (SAM) using this NAICS code or a NAICS code with an equivalent size standard. No award can be made unless the vendor is registered in SAM. For additional information and to register in SAM, please access the following web site: www.sam.gov. In order to register with the SAM and to be eligible to receive an award from this acquisition office, all offerors must also have a Dun & Bradstreet Number. A Dun & Bradstreet number may be acquired free of charge by contacting Dun & Bradstreet on-line at https://iupdate.dnb.com/iUpdate/viewiUpdateHome.htm or by phone at (866) 969- 8491. This procurement also requires offerors to complete the electronic representations and certifications at the SAM website.
Any resulting contract will be awarded as firm-fixed price Indefinite Delivery, Indefinite Quantity type contract. Solicitation documents will be made available for download on March 31, 2020 at .https://beta.sam.gov. Paper copies of this solicitation will not be issued. Each potential quoter is responsible for checking the https://beta.sam.gov website to gain all current information related to the solicitation. The solicitation and any further announcements regarding the solicitation will be posted only at . ***The date quotes are due will be stated within the solicitation documents and will be adjusted based upon the actual release date of the solicitation.*** All questions of any nature regarding this procurement should be sent in writing to the Contract Officer, Nicole Kutsi at Nicole.kutsi@va.gov in accordance with the solicitation instructions to Quoters.
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.
DUNS:
DUNS+4:
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 SPECIFIE
D
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. 2/2012)
PREVIOUS EDITION IS NOT USABLE
Prescribed by GSA - FAR (48 CFR) 53.212
7. FOR SOLICITATION
INFORMATION CALL:
STANDARD FORM 1449
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
36C77620Q0055 03-31-2020 Nicole Kutsi 612-330-3602 05-04-2020
13:00 PM CST
Department of Veterans Affairs Program Contracting Activity Central 212 3rd Avenue South Suite 29 Minneapolis MN 55401 X X 325120 1000 Employees N/A X Department of Veterans Affairs Various facilities in VISN 16
Department of Veterans Affairs Program Contracting Activity Central 212 3rd Avenue South Suite 29 Minneapolis MN 55401
VAFSC
Department of Veterans Affairs Financial Services Center Invoices to be submitted electronically www.ob10.com/us/en/veterans-affairs/ E-Invoice setup info phone 877-489-6135 877-353-9791 512-460-5429 See CONTINUATION Page In Accordance with 38 USC 8127, this is an 100% SDVOS Set Aside for the Veterans Integrated Systems Networks (VISN) 16 Requirement for Medical Gases The Government is soliciting quotes for a single award Indefinite Delivery Indefinite Quantity (IDIQ) and will be evaluated in accordance with FAR Part 13- Simplified Acquisition Procedures.
Please see Paragraph E.2 Quotation Submission Instructions for how to submit a proper quotation.
See CONTINUATION Page X X Nicole Kutsi
VA-VHA-2020-E324CCD1
Table of Contents
| SECTION A | 4 |
| A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS | 4 |
| SECTION B - CONTINUATION OF SF 1449 BLOCKS | 7 |
| B.1 CONTRACT ADMINISTRATION DATA | 7 |
| B.2 STATEMENT OF WORK | 12 |
| B.3 SCHEDULE OF ITEMS | 25 |
| SECTION C - CONTRACT CLAUSES | 26 |
| C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018) | 26 |
| C.2 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016) | 31 |
| C.3 52.208-8 REQUIRED SOURCES FOR HELIUM AND HELIUM USAGE DATA (AUG 2018) | 33 |
| C.4 52.216-18 ORDERING (OCT 1995) | 33 |
| C.5 52.216-19 ORDER LIMITATIONS (OCT 1995) | 34 |
| C.6 52.216-22 INDEFINITE QUANTITY (OCT 1995) | 34 |
| C.7 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018) | 35 |
| C.8 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION) | 35 |
| C.9 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018) | 37 |
| C.10 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) | 38 |
| C.11 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018) | 39 |
| C.12 VAAR 852.247-72 MARKING DELIVERABLES (OCT 2018) | 39 |
| C.13 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 39 |
| C.14 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997) | 40 |
| C.15 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018) | 40 |
| C.16 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2020) | 41 |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 49 |
| SECTION E - SOLICITATION PROVISIONS | 50 |
| E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018) | 50 |
| E.2 QUOTATION SUBMISSION INSTRUCTIONS | 53 |
| E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019) | 57 |
| E.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) | 58 |
| E.5 52.216-1 TYPE OF CONTRACT (APR 1984) | 59 |
| E.6 52.233-2 SERVICE OF PROTEST (SEP 2006) | 60 |
| E.7 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018) | 60 |
| E.8 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018) | 61 |
| E.9 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) | 61 |
| E.10 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 61 |
| E.11 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014) | 62 |
| E.12 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (DEC 2019) | 65 |
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 36C776 Department of Veterans Affairs Program Contracting Activity Central 212 3rd Avenue South Suite 29 Minneapolis MN 55401
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
| [X] |
| 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or |
| [X] |
| 52.232-36, Payment by Third Party |
3. INVOICES: Invoices shall be submitted in arrears:
| a. Quarterly | [] |
| b. Semi-Annually | [] |
| c. Other | [X] Within 30 days of acceptance of delivery |
4. GOVERNMENT INVOICE ADDRESS: All Invoices from the shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.
The Contractor must electronically submit an ANSI X12 810 – Invoice transaction set for each delivery of gases to FSC. Invoices must be submitted within one (1) month of order fulfillment and any invoices submitted after that time may not be accepted.
Description of a valid invoice: All invoicing for payment is to be filed electronically using EDI Transaction set 810. No paper invoices should be submitted to FSC for payment. In accordance with the Prompt Payment Act, 52.232-25, a proper invoice must include:
1. Name and address of the CONTRACTOR.
1. Invoice date. (The Contractor is encouraged to date invoices as close as possible to the date of the delivery/ transmission).
1. Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number).
1. Description, quantity, UOM, unit price, and extended price of medical gases delivered, or services performed.
1. Name and address of authorized official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).
1. Name (where applicable), title, phone number, and mailing address of person to be notified in the event of a defective invoice.
1. Any other information or documentation required by the contract (such as evidence of shipment).
1. While not required, the CONTRACTOR is strongly encouraged to assign an identification number to each invoice.
PAYMENTS AND INVOICING: VA shall review the invoice against its record. VA shall notify the of invoice discrepancies. Upon the resolution of the discrepancies, VA shall approve the invoice and make payment to the Contractor. Invoices shall be paid within thirty (30) days upon final acceptance by the Government. Each invoice must comply with the requirements of FAR 52.212-4 Contract Terms and Conditions – Commercial, to include required information as follows:
1.) Facility’s name and address where supply was provided.
2.) Contract number. (example – VA240C-15-D-XXXX) 3.) Purchase order number. (example – 240- C1XXXX) 4.) Type of supply provided
No advance payments shall be authorized. The Contractor shall share monthly rental invoice(s) with Authorized Ordering Officer and COR prior to submission in EDI and/or submission to the VA Finance Center for review. Payment of invoices may be delayed if the appropriate invoices as specified in the contract are not completed and submitted as required.
6. ORDERING PROCESSES: Ordering officers (OOs) will be authorized to place orders against this contract. The Contracting Officer (CO) will furnish the 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 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 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.
The Contractor shall have Electronic Data Interchange (EDI) capabilities to process EDI orders and acknowledge orders in accordance with ANSI ASC X.12M Supply Chain Standard Transaction sets.
EDI is the transfer of structured business data from the computer system of one organization to the computer system of another. The data routinely recorded on purchase orders, invoices, remittance/payment notices, and other business forms is exchanged electronically in a machine-readable format between an organization and its customers, suppliers, transportation carriers, and financial institutions without human intervention.
In order to electronically transfer data more efficiently between parties, cross-industry standards (known as X12) for business forms and computer protocols have been developed by the American National Standards Institute (ANSI). Instead of each party creating its own contents and format, they use ANSI X12 standards to exchange information with each other. This standard format defines which documents will be exchanged, what information each document will contain, how the information will be sequenced, the form of the information, and what each piece of information means. EDI standards provide common formats that allow organizations to communicate business information electronically without making significant changes to their internal systems.
The Contractor shall provide their own computer hardware and software necessary to receive and transmit all functions required. The CONTRACTOR must be capable of and experienced with transmitting/accepting EDI ANSI X12 v5010 transaction sets 850, 855, and 810, at time of proposal submission. The CONTRACTOR will be required to provide verification of its capability and experience within three (3) months of effective ordering period unless this requirement is waived due to recent demonstrated performance. The CONTRACTOR shall have EDI interface capabilities within the 120-calendar day implementation period to process EDI orders and acknowledge orders in accordance with ANSI ASC X.12M Supply Chain Standard Transaction set:
Current transactions:
850 (Purchase Order) 855 (Purchase Order Acknowledgement) 860 (Purchase Order Modification) 810 (Invoice) EDI 810 – Invoice: This transaction set will go from the CONTRACTOR to the FSC to be used for billing the customer and payment to the CONTRACTOR. CONTRACTORs must provide a line item detail Invoice, EDI 810, to FSC. The line item detail and CLIN sequence on the CONTRACTOR EDI 810 must match the line item detail and CLIN sequence on the EDI 850 Purchase Order, the EDI 855 Purchase Acknowledgement and the EDI 856 Advanced Shipment notice. For MSCONTRACTOR Product List supplies, the line item dollar value cited on the EDI 810 invoice must match the EDI 850 price. The ordering office’s assigned delivery order number shall be cited in its entirety on the electronic invoice. For customers, payment will be made 30-days after customer receipt of either a valid invoice or supplies, whichever is later. FSC will make payment via EFT to the CONTRACTOR's financial institution. (Manual payments may be warranted under unusual circumstances.)
EDI 850 – Purchase Order: This transaction set will go from FSC to the CONTRACTOR and will be used by the ordering facility to place electronic orders. Specific formatting instruction for EDI 850 will be provided by FSC in an implementation guide.
EDI 855 – Purchase Order Acknowledgement: This transaction set will be sent from the CONTRACTOR to the FSC and will be used by the CONTRACTOR to confirm the order. Specific formatting instructions for EDI 855 will be provided by FSC in an implementation guide.
EDI 860 – Purchase Order Modification: This transaction set will go from FSC to the CONTRACTOR and will be used to request a modification to the order, i.e., cancel a backorder. Authorized Customers will use this transaction set to request cancellation of a backordered supply. Specific formatting instructions for EDI 860 will be provided by FSC in an implementation guide.
The Contractor may obtain information regarding the EDI direct to VA FSC solution as well as to start the process of implementing EDI via email to our ECD team directly at VAFSCEDIFinTeam@va.gov or 512.460.5311.
The following Standards shall apply to the extent specified herein:
American National Standards Institute (ANSI), Accredited Standards Committee (ASC) X 12 Standards for Electronic Data Interchange (EDI).
Information about the ANSI ASC X12 Standard may be obtained from:
Washington, DC.
Headquarters 1819 L Street, NW (between 18th and 19th Streets), 6th floor Washington, DC 20036 Tel: 1.202.293.8020 Fax: 1.202.293.9287
Health Industry Business Communications Council (HIBCC) EDI Use Conventions.
Information about HIBCC EDI Use Conventions may be obtained from:
Health Industry Business Communications Council 2525 E. Arizona Biltmore Circle, Suite 127 Phoenix, AZ 85016-2131 Phone: (602) 381-1091, Fax (602) 381-1093
High Level Seven (HL7) accredited ANSI standard.
Information about HL7 may be obtained from:
Health Level Seven, Inc.
3300 Washtenaw Avenue, Suite 227 Ann Arbor, MI 48104-4261 Phone (734) 677-7777 Fax: (734) 677-6622 hq@h17.org
International Council for Commonality in Blood Banking Automation (ICCBBA) International Society for Blood Transfusion (ISBT) 128 for tissues.
Information about ISBT 128 Standard specifications can be obtained from:
ICCBBA
PO Box 11309 San Bernardino, CA 92423-1309 www.iccbba.org
Global Standard 1 (GS1) Information about GS 1, Global Trade Identification Number (GTIN), and Global Location Number (GLN) may be obtained from:
GS1 US
General inquiries Princeton Pike Corporate Center 1009 Lenox Drive, Suite 202 New Jersey 08648 Lawrenceville United States Phone: + 1 609 620 0200 Fax: 1 609 620 1200 Web site: http://www.gs1us.org Email: info@gs1us.org
7. CHANGES: Changes may only be made by a written modification which is formally executed by the and the Contracting Officer.
8. HOLIDAY: will not be required to make delivery on federally observed holidays. When normal delivery days fall on a Federal holiday, the shall make delivery on the next workday following that holiday.
The following holidays are observed by the Federal Government:
New Year’s Day Martin Luther King Jr. 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 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.
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
| AMENDMENT NO |
| DATE |
B.2 STATEMENT OF WORK
Medical Gas Fills and Cylinder Rentals
1. SCOPE:
1.1. The Veterans Health Administration (VHA), Veterans Integrated System Network (VISN) 16 requires a contractor to provide medical gases for each of the estimated 23 VA medical center facilities. The contractor shall be responsible for the filling, transporting, handling, delivering, pick up and storing of medical cylinders gases.
1.2. The purpose of this requirement is to establish an improved method for ordering, paying, tracking, and delivering a consistent source supply of medical cylinder gases for the facilities listed in Attachment A -Facility Locations. The gases include, but are not limited to Compressed Medical Air USP, Oxygen USP, Carbon Dioxide USP, Nitrogen NF, Nitrous Oxide USP, Helium USP, and other specialty medical gas mixtures listed in Attachment B (Schedule of Items).
1.3. All supplies of medical cylinder gases shall be delivered to the Veterans Administration Medical Centers (VAMC)/Health Care System Networks listed in Attachment A-Facility Locations. The amount of deliveries per station are included in Attachment A and the contractor must comply with the amount of deliveries specified per station. The Contractor shall have a facility and/or resources physically located in the geographic areas in which they will provide supplies.
1.4. The quantities shown in the Attachment (2)-Schedule of Items, are estimates of the requirement. There is no express or implied guarantee that these quantities will be purchased. The Government is anticipating awarding an Indefinite Delivery Indefinite Quantity (IDIQ) contract. Refer to FAR Part 52.216-18 Ordering for effective ordering periods.
2. MEDICAL GAS SPECIFICATION AND REQUIREMENTS:
2.1. All medical gases 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.). The Contractor shall be registered with the FDA and all medical gases shall be manufactured, processed, packaged, transported, and stored according to the FDA’s CGMP regulations and Labeling Section 21, Code of Federal Regulations, parts 820.80(b), 820.70(f), 820.120 or most current codes as they update during the period of the contract. All products, equipment and services provided under this contract shall follow all applicable Federal, State and Local regulations.
2.1.1. A valid Certificate of Analysis shall be clearly labeled on each medical gas cylinder. The certificate shall include, at a minimum:
2.1.2. Supplier’s name and complete address
2.1.3. Name of the Product
2.1.4. An Air Liquefaction Statement where appropriate
2.1.5. Lot number or other unique identification number
2.1.6. Actual analytical results for full U.S.P. monograph testing. (A statement that only states that the product meets the minimum purity of 99.5%, is not acceptable.)
2.1.7. 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.)
2.1.8. Signature of authorized supplier representative and date.
2.2. A valid Certificate of Analysis shall be clearly labeled on each medical gas cylinder The certificate shall include, at a minimum:
2.2.1. BB-A-1034B, FEDERAL SPECIFICATION: COMPRESSED AIR, BREATHING (20 DEC 1985) http://everyspec.com/FED_SPECS/B/BB-A-1034B_9157/
2.2.2. BB-C-101D, FEDERAL SPECIFICATION: CARBON DIOXIDE (CO2): TECHNICAL AND USP (07 MAR 2011) http://everyspec.com/FED_SPECS/B/BB-C-101D_31791/
2.2.3. Compressed Gas Association (CGA) Publication G-7 – Compressed Air for Human Respiration, dated 08-04-2003 and ANSI/CGA G-7.1 Commodity Specification for Air, dated 08-27-2004. http://www.cganet.com.
2.3. Material Safety Data Sheets shall be provided to the facility COR upon request. VA may request training on procedures associated with safety data and maintaining medical gas cylinders while on VA facilities.
2.4. A copy of all inspection reports shall be provided to the facility COR upon the completion of any contractor-owned or government-owned system inspections that are required by regulation.
3. CYLINDERS AND ASSOCIATED COMPONENTS:
3.1. Laws and regulations: Cylinders and other containers for gaseous and liquid forms of gas shall comply with the most current codes as they update during the period of performance of the contract and based on best and most current industry standards, policy and regulations. Not limited to the following addressed below:
3.2. DOT 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, and labeling for medical gases shall also comply with the Federal Food, Drug, and Cosmetics Act, and the FDA
3.3. Marking: In addition to marking required by the laws and regulations, marking shall comply with the most current codes as they update during the period of performance of the contract CGA Publication C-7 – Guide to Preparation of precautionary Labeling and Marking of Compressed Gas Containers, dated January 01, 2014 https://www.cganet.com/.
3.4. Color Coding: Cylinders shall be color coded in accordance with the most current codes as they update during the period of performance of the contract CGA Publication C-9 – Standard Color Marking of Compressed Gas Containers Intended for Medical Use, dated September 2013 https://www.cganet.com/.
3.5. Valves: Valves shall comply with the most current codes as they update during the period of performance of the contract with CGA Safety Bulletin SB-26 dated August 2014 and CGA Publication V-1 -Compressed Gas Association Standard for Compressed Gas Cylinder Valve Outlet and Inlet Connections, dated September 2019. 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 cylinders, all fittings must be permanently brazed to prevent their removal. In addition, each container should contain a 360-degree cryoband applied to the top of the container with the drug product name repeated around the entire container. https://www.cganet.com/.
3.6. Hydrostatic Testing:
3.6.1. Retest Date: If applicable the contractor shall comply with the most current codes as they update during the period of performance of the contract of DOT regulations require retesting of cylinder(s) within three (3) months after scheduled date of shipment to a continental U.S. destination or within six (6) months after scheduled date of shipment to an overseas destination, the cylinder(s) shall be retested. The Contractor will be required to retest any government-owned cylinder when requested by ordering facility, regardless of scheduled retest date . NOTE: Government-owned cylinders have both a 5-Year and a 10-Year Hydrostatic Testing requirement.
3.6.2. Method: Government-owned cylinders, which are eligible for extended hydrostatic retesting by a modified hydrostatic method or by visual inspection in lieu of hydrostatic testing, shall be serviced by the most economical means and shall comply with the most current codes as they update during the period of performance of the contract of DOT regulations (49 CFR 173) unless otherwise specified by the ordering facility. 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.
3.6.3. Hydrostatic testing shall comply with the most current codes as they update during the period of performance of the contract be performed in accordance with CGA’s Publication – C-q, Methods for Hydrostatic Testing of Compressed Gas Cylinders, dated June 24, 2019 https://www.cganet.com/.
3.6.4. Visual inspection shall comply with the most current codes as they update during the period of performance of the contract be performed in accordance with the applicable CGA publications C-6 – Standards for Visual Inspection of Steel Compressed Gas Cylinders, dated January 1, 2013 or as applicable C-6.1 – Standards for Visual Inspection of High-Pressure Aluminum Compressed Gas Cylinders, dated January 1, 2013 https://www.cganet.com/.
3.6.5. Cylinder Sizes: Cylinder sizes shown in the Item Description chart below, indicates product capacity of the cylinder(s) 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 most current codes as they update during the period of performance of the contract Federal Food, Drug, and Cosmetic Act, the actual contents of the container must appear on the label.
| Cylinder Size |
| Outer Diameter (inches) |
| Height (inches) |
| B |
| 3 5/16 – 3 ½ |
| 13 – 13 ¼ |
| C |
| 3 ½ |
| 8 |
| D |
| 4 3/16 – 4 ½ |
| 16 ¾ - 19 |
| E |
| 4 3/16 – 4 ½ |
| 24 ¾ - 30 |
| F |
| 4 ¼ |
| 17 |
| G |
| 8 ½ |
| 51 – 51 ¾ |
| H |
| 9 – 9 1/4 |
| 51 |
| J |
| 9 – 9 1/4 |
| 51 – 55 |
| K |
| 9 |
| 56 |
| M |
| 7 |
| 43 |
| Q |
| 7 – 7 ½ |
| 32 – 49 |
| S |
| 7 ¼ - 7 ½ |
| 46 |
| T |
| 9 ¼ - 10 |
| 55 - 61 |
230 LT
Nitrogen (on wheels)
| 26” |
| 57” |
100 LT
Helium
| 24” |
| 59” |
3.6.6. E-Sized oxygen cylinder – fixed regulator system requirements: lightweight aluminum construction; easy-to-carry wide permanent handle to make it easy to lift; minimum flow of 15 Liters Per Minute (LPM); flow rates ranging from 0.25 LPM minimum to 25 LPM; a Diameter Index Safety System (DISS) 50 PSI fitting for transport ventilator hook-up, magnetic resonance imaging (MRI) compatibility and easy to read contents gauge and utilize single-stage valves only.
3.6.7. Method of Shipment: Empty government-owned cylinders that are picked up from an ordering facility for re-fill or service shall be transported in accordance with the most current codes as they update during the period of performance of the contract DOT Regulations, using normal commercial practice to prevent damage to cylinders.
4. GOVERNMENT OWNED-MEDICAL GAS CYLINDERS:
4.1. Government-owned medical gas cylinders and appurtenances shall be maintained by and at the expense of the Contractor in a manner that will ensure compliance with applicable regulations, and standards.
4.2. Government-owned medical gas cylinders and appurtenances that do not meet compliance requires the contractor to inform the COR. The COR will provide a disposition slip to the contractor to dispose of the specific government-owned medical gas cylinders at no cost to the government. Government owned property also includes abandoned medical gas cylinders from other vendors to be disposed at no cost to the government
4.3. 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 facility.
4.4. The contractor is required to pick up government-owned medical gas cylinders and appurtenances shall be filled to the maximum functional capacity during each refilling procedure unless otherwise specified in the facility requirements. Each Government-owned medical gas cylinders and appurtenances shall be returned one for one to match the pick-up number.
4.5. The contractor is required to provide a legible signed and/or electronic delivery slip that has been signed by the deliverer as well as the countersigned by the facility representative supervising the delivery. The delivery slip must include:
4.5.1.1. The number of cylinders at the ordering facility prior to delivery
4.5.1.2. The number of cylinders being delivered
4.5.1.3. The number of cylinders being picked-up
4.6. Delivery audits will be performed every delivery date and if one for one matching is not accurate, missing cylinder quantities will be identified and documented on the delivery slip of government owned cylinders. A quarterly audit by the government will determine if the contractor lost any government-owned medical gas cylinders and appurtenances. The contractor will be responsible to pay for lost government-owned medical gas cylinders and appurtenances at agreed upon rates as identified on Attachment B, Schedule of Items.
5. NON-REPAIRABLE GOVERNMENT OWNED MEDICAL CYLINDERS:
5.1. Prior to disposing of non-repairable government-owned cylinders, parts, fittings, and appurtenances, the Contractor shall contact the ordering (owning) facility COR. The Contractor shall also list reason for disposition. Contractor shall make disposition in accordance with ordering activity’s instructions.
5.2. Contractor shall be paid for all services performed and authorized by the ordering activity in accordance with the price schedule.
5.3. Contractor shall not charge any additional fees for the return of non-repairable cylinders to the ordering activity.
5.4. Contractor shall provide rates in the schedule with the option to replace damaged/disposed cylinders to include a discount from the disposition.
6. CONTRACTOR-FURNISHED MEDICAL CYLINDERS:
6.1. Contractor shall install and maintain cylinders with appropriate back-up systems, if applicable, with approval from the COR. Through the duration of the Contract, the Contractor shall be liable for the integrity, suitability, and safety of contractor-owned cylinder(s) that will insure compliance with applicable regulations, and standards.
6.2. All equipment and materials required to perform on the Contract (other than what is specifically listed in section 3, GOVERNMENT OWNED-MEDICAL GAS CYLINDERS) shall be provided by the Contractor. Contractor-owned equipment shall be installed, inspected and maintained by the Contractor at the Contractor’s expense (i.e., all med gas cylinder tracking, electronic access to information, installation, inspection and maintenance costs shall be included in the Contract’s monthly fee for the applicable facility).
6.3. Contractor-owned equipment shall be kept in good operating condition, clean, rust free, labels and appearance must be in accordance with applicable regulations and standards. Each station shall provide the Contractor reasonable access to the facilities they are responsible for.
6.4. Stations have a right to refuse cylinders that do not meet applicable regulations and standards. Contractor shall legibly document, date and sign any written delivery issues and include images of the number of cylinders rejected. The contractor must replace rejected cylinders in 24 hours at no cost to the government.
6.5. Each ordering facility that requires installation of contractor-owned equipment shall provide a suitable location and foundation for the installation of the contractor-owned cylinder(s) in accordance with Current Good Manufacturing Practices (CGMP) standards. Additionally, each facility shall provide access to an electrical power source and hook-up to a facility-maintained alarm system. The Contractor shall perform the hook-up of contractor-owned equipment to the facility-maintained medical gas manifolds.
6.6. The contractor is required to provide a legible signed and/or electronic delivery slip that has been signed by the deliverer as well as the countersigned by the facility representative supervising the delivery. The delivery slip must include:
6.6.1.1. The number of cylinders at the ordering facility prior to delivery
6.6.1.2. The number of cylinders being delivered
6.6.1.3. The number of cylinders being picked-up
7. TRANSITION/IMPLEMENTATION OF CONTRACTOR FURNISHED MEDICAL GAS CYLINDERS:
7.1. Phase In: Upon receipt of a delivery order via Authorized Ordering Officer and/or Contracting Officer, the incoming contractor shall be responsible for replacing all appropriate VA authorized (incumbent contractor-owned) equipment presently located at each facility with the incoming contractor’s equipment as soon as possible after award, but not to exceed forty-five (45) days from date of contract award. Incoming contractor shall coordinate with the incumbent contractor during the transition period relating to the removal of the incumbent contractor’s equipment form each facility. The change shall include delivery, setup, and instructions as further specified herein, and shall be accomplished without disruption in supplies and services. The billing period shall begin on the noted transition date. Upon completion of phase in transition, payments shall be assessed based on the provider’s established rate and prorated from setup date. Prorated monthly rates are based on a 30-day month.
7.2. Unless otherwise directed by the ordering facility, contractor-owned equipment shall be installed by the effective date of the Contract and shall be connected to the medical gas system on that date; provided: that the Contractor shall be allowed a maximum of forty-five (45) days, after receipt of notice of award, to complete installation. If the Contractor replaces equipment already in use, the exchange of equipment shall be accomplished without interruption of gas supply to the ordering agency. Contractor-installed equipment 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 gas supply.
7.3. To permit orderly transition from one contractor to another, the Contractor shall continue to honor the Contract’s monthly equipment rental fee and gas contract price for a maximum of sixty days (60) days beyond the scheduled expiration of the contract period), unless transition from one contractor to another is completed prior to the 60th day of the transition period. For any partial month, the Contractor shall prorate the monthly equipment rental fee accordingly. The Contractor shall continue to provide and maintain its equipment during the transition period.
7.4. 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 equipment from the facility until replacement equipment has been installed. The outgoing contractor shall coordinate the transition of equipment/services with the incoming contractor as soon as possible, but not to exceed sixty (60) 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 prorated basis. Prorated monthly rates are based on a 30-day month.
7.5. During transition of both Phase In and Phase Out from one contractor to another, the Contractor must reconcile in conjunction with the Government and the incoming contractor, in writing, the accuracy of the cylinder count for each type of gas listed in Attachment (2), Schedule of Items, at each participating ordering facility. During the transition period, both Contractors, incoming and outgoing, shall separately conduct an inventory audit that documents the number of contractor-owned and government-owned cylinders. All auditing documents must be approved and signed by all parties involved during the transition periods as emphasized above.
8. MEASUREMENT AND CONVERSION COMPUTATION, ATMOSPHERIC GASES AND HYDROGEN:
8.1. Density data and volume measurement equivalents printed in CGA Publication P-6 – Standard Density Data, Atmospheric Gases and Hydrogen, dated October 2012 shall be used when necessary to convert measurement of these gases from one form to another; for example, from cubic feet to gallons https://www.cganet.com/.
9. ORDERING PROCESSES:
9.1. The Contractor will be provided with names and contact information of the primary Contracting Officer Representatives (CORs) within 20 days after award of the contract for each ordering facility.
9.2. The Contractor will be provided with names and contact information of the authorized Ordering Officers (OO) within 90 days after award of the contract for each ordering facility.
9.3. Orders shall be issued by electronic means (i.e. Email, Facsimile, Electronic Data Interchange (EDI)). Contracting Officer and authorized Ordering Officers will utilize the CLIN structure outlined in the Schedule of Items identified in the awarded contract. Orders will be placed using “just in time” ordering methods. Orders may be placed under flexible ordering options that may include:
9.3.1. Delivery Order via Ordering Officer (OO)
9.3.2. Delivery Order via Contracting Officer (CO)
9.3.3. Purchase Card
9.4. Orders placed not using EDI ordering options shall be placed via delivery order using an agreed upon form established by the contractor and the Government. Orders shall contain at a minimum the following information:
9.4.1. Date of Order
9.4.2. Contract number
9.4.3. Facility Purchase Order Number
9.4.4. Federal Government Product Contractor Item Number(s)
9.4.5. Manufacturer’s part number
9.4.6. Item Description
9.4.7. Quantity Ordered
9.4.8. Unit Price
9.4.9. Total Amount
9.4.10. Place of Delivery
9.5. The following shall apply to orders placed/accepted via the Electronic Data Interchange (EDI) ordering option:
9.5.1. Fill/Call: Value added option that allows facilities to either have an unfilled order or a portion of an unfilled order either killed (cancelled) or allow the undelivered items be backordered. Contractors must first call facilities and obtain a decision. Fill/call items shall count against the fill-rate.
9.5.2. Fill/Kill: An order or a portion of an order cancelled (killed) due to the non-shipment of products from the contractor to the customer by the required delivery order date, unless the ordering facility has previously approved the delivery of a substitute product. Fill/Kill items shall count against the fill-rate.
9.5.3. EDI Order Confirmation (Applicable to VA facilities only): Contractor shall generate EDI order confirmation to ordering facilities within two hours after transmission of EDI orders. An alternate communications method allowing for the transfer of EDI data directly to the site is also available utilizing the Applicability Statement 2 (AS2) secure internet data transfer protocol.
9.5.4. Confirmation Content: All unfilled or partially filled purchase order line items from the Contractor shall be listed on the order. Facilities shall be able to print the confirmation. At a minimum, the order confirmation shall include the following information:
9.5.4.1. Facility Name
9.5.4.2. Facility Purchase Order Number
9.5.4.3. Federal Government Product Contractor Item Number(s)
9.5.4.4. National Item File Number/GTIN/HIBCC/ISBT 128 standard identification number
9.5.4.5. Manufacturer’s part number
9.5.4.6. Item Description
9.5.4.7. Unit of Purchase
9.5.4.8. Packaging Multiple
9.5.4.9. Quantity Ordered
9.5.4.10. Quantity Confirmed
9.5.4.11. Status of Non-Confirmed Line Item(s)/Quantities
9.5.4.12. Note for Pre-approved Product Substitution (yes/no)
9.5.4.13. Line Item Unit of Purchase Price
9.5.4.14. Line Item Total Cost
9.5.4.15. Total Cost of Order
9.5.4.16. Identification of Cancelled Gases
9.6. An Authorized Customer may place orders that are emergency or routine (next business day delivery). The Contractor must designate a central location for Authorized Customer orders to be sent. The Contractor will determine the appropriate distribution center or method to fulfill the order within the designated region. The Contractor is required to have the capability to receive, manage, and fulfill manual orders in instances where there are power outages, security breaches or other electronic systems issues.
9.7. Confirmation: The Contractor must respond to the facility by electronic commerce on the same day after receipt of order for non-emergency deliveries. If delivery requests are placed on Fridays, the delivery confirmation shall be the following Monday. If the following Monday falls on a government holiday, then the delivery confirmation shall be Tuesday (the day following government holiday).
9.8. Emergent Confirmation: Contractor must respond to the facility by either telephone or email within one (1) hour to confirm receipt of emergency notification to ascertain the nature to of the emergency.
10. DELIVERY REQUIREMENTS:
10.1. The following information applies to all deliveries, regardless of the time or day of execution: Cylinders shall be filled to the maximum functional capacity during each refilling procedure unless otherwise specified in the facility requirements or as agreed upon in a written document signed and dated by the Contracting Officer (CO); The Contractor shall provide a legible signed and dated written document that identifies the number of cylinders at the ordering facility prior to delivery, the number of cylinders being delivered, the number of cylinders being picked-up, and the number of cylinders at the ordering facility after the delivery has been made. This document must be counter-signed by the facility representative supervising the delivery.
10.2. All orders shall be delivered to the individual ordering facilities on the specified delivery date or within 24 hours after receipt of order. It is the responsibility of the contractor to ensure that each specific station receives their orders on the specified delivery dates.
10.3. Backorder Notification shall provide to each facility COR or designated POC of the affected immediately when back order is known. Contractor must also provide estimated lead time of medical gas and provide details of the shortage in marketplace. Any medical gases that can be identified as difficult to fill, must be highlighted in Attachment B Schedule of Items. Each week the back order is not filled, a status update must be provided to the COR or designated POC.
10.4. The Government retains the right to investigate the backorder situation to determine the cause of the backorder and to aid during the backorder period.
10.5. Cancellation of back order by the Contractor is considered a failure to perform and may be considered grounds for adverse action.
10.6. All medical gas deliveries shall be made per each state’s Department of Transportation (DOT) Regulations. Empty government owned cylinders that are picked up from an ordering facility for re-fill or servicing shall be transported according to DOT Regulations, using normal commercial practices to prevent damage to cylinders.
10.7. Upon delivery, the delivery driver and facility POC will conduct a cylinder delivery count. Cylinders will be logged in on a paper or electronic delivery slip with the delivery date and driver ID specified. The delivery slip shall be signed by both the facility POC and delivery driver. This information will be given to the COR.
10.8. Upon delivery, the delivery driver and facility POC will conduct an empty cylinder delivery count. Empty cylinders will be logged in on a paper or electronic delivery slip with the delivery date and driver ID specified. The delivery slip shall be signed by both the facility POC and delivery driver. This information will be given to the COR.
10.9. The delivery time shall be Monday – Friday, between the hours of 8:00am – 4:00pm Local Standard Time, excluding federal holidays. The Contractor shall deliver medical gases within the time frame specified in the schedule for each facility. The time frame identified may be either the number of calendar days after receipt of the Government’s order, a specific day of the week for delivery, a specific time interval between deliveries, a specified reorder point, or other specified ordering and delivery methods. The Contractor and ordering facility COR shall mutually agree on a delivery time and date for non-emergency deliveries and all deliveries shall be coordinated with the facility POC.
10.10. Routine orders shall be accepted by the Contractor until 12:00 PM, facility local time, 24 hours before the next regularly-scheduled delivery.
10.11. All transportation charges for delivering/picking up cylinders shall be included in the price of the medical gas. Additional charges such as delivery fees, hazardous material fees, fuel surcharges, shall NOT be billed to, or collected from, the facilities for orders received under this Contract.
10.12. Emergency deliveries shall be delivered within twenty-four (24) hours after receipt of government notification. Emergency status is determined by the Government when conditions warrant, such as an actuated imminent alarm condition, or system leak. Failure of the Contractor to remain current with the agreed delivery schedule and requirements does not constitute an “emergency” for purposes of charging an emergency delivery fee.
11. EMERGENCY DELIVERY REQUIREMENTS:
Each Veterans Administration Medical Centers/Health Care System Networks listed in Attachment A are designated as Federal Emergency Medical Facilities with significant contingency and emergency response roles. Accordingly, the Contractor shall offer strategies to provide emergency supply support during major catastrophic events.
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