36C77621Q0486 0002.docx

5. PROJECT NUMBER (if applicable)

CODE

7. ADMINISTERED BY

2. AMENDMENT/MODIFICATION NUMBER

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NUMBER

3. EFFECTIVE DATE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED

PAGE OF PAGES

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED

BPA NO.

1. CONTRACT ID CODE

FACILITY CODE

CODE

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

E. IMPORTANT:

is extended,

(a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.

12. ACCOUNTING AND APPROPRIATION DATA

(REV. 11/2016)

is required to sign this document and return ___________ copies to the issuing office.

is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

15C. DATE SIGNED

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER

Contractor

16C. DATE SIGNED

14. DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED STATES OF AMERICA

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER

16A. NAME AND TITLE OF CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

STANDARD FORM 30

PREVIOUS EDITION NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.243 (Type or print) (Type or print) (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(Number, street, county, State and ZIP Code) (If other than Item 6) (Specify type of modification and authority) (such as changes in paying office, appropriation date, etc.)

(If required)

(SEE ITEM 11)

(SEE ITEM 13)

(X)

CHECK

ONE

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

(Signature of person authorized to sign) (Signature of Contracting Officer)

36C776 Department of Veterans Affairs Program Contracting Activity Central

212 3rd Ave. South, Suite 29 Minneapolis MN 55401

00776 Department of Veterans Affairs Program Contracting Activity Central

212 3rd Ave. South, Suite 29 Minneapolis MN 55401 To all Offerors/Bidders

36C77621Q0486 10-19-2021

X

The purpose of Amendment 0002 is the following:

1) Remove and replace in its entirety B.2 Statement of Work with B.2 Statement of Work Amendment 0002. Adding Section 16 COVID-19 Safety Protocols.

2) Adding FAR Part 52.223-99 Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors

3) Adding ATTACHMENT 4 Sign In Sheets

4) Remove and Replace in its entirety ATTACHMENT 2 SCHEDULEOF ITEMS to ATTACHMENT 2 SCHEDULE OF ITEMS AMENDMENT 0002 The purpose of this replacement is to update tank sizes.

All other terms and conditions remain unchanged.

Nicole Kutsi

VA-VHA-2020-E324CCD1

B.2 STATEMENT OF WORK AMENDMENT 0002

1. General

1.1. The Veterans Health Administration (VHA), Veteran Integrated System Network (VISN) 16, has established an ongoing requirement that requires a contractor to provide Medical Grade Bulk Liquid Oxygen. If the Government facility does not own its own bulk oxygen tank system, the Contractor shall provide a contractor-furnished tank system with an appropriate backup system (i.e., reserve tank or cylinder bank). Specifications for each facility are listed in Attachment 2: Schedule of Items. The Contractor shall provide all needed components to support a Food and Drug Administration (FDA) medical grade bulk liquid oxygen tank system in compliance with the National Fire Protection Agency (NFPA) 99: Health Care Facilities Code. Additionally, the Contractor must utilize an off-site, automatic monitoring system (telemetry system) that independently monitors the system and notifies the Contractor when refills are required.

1.2. Location/Facility Requirements: All supplies of medical-grade liquid bulk oxygen shall be delivered to the VA Medical Centers/Health Care System Networks identified in Attachment 1: Delivery Locations.

1.2.1. The Contractor shall be required to make deliveries of medical-grade liquid bulk oxygen throughout the life of the contract. The estimated quantities are shown in Attachment 2: Schedule of Items, which estimates each facility's annual requirements.

1.3. 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.

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

2. Acronyms

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

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

3. Government-Furnished Property

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

3.2. Upon award of the contract, all GO bulk tank systems and materials must be inspected by the Contractor at the Contractor's expense. Upon inspection, the Contractor shall immediately notify the Contracting Officer if the Contractor will not be able to fill the bulk oxygen tank system because of issues related to the tank system, pad, or access to the tank system. Each facility will provide the Contractor reasonable access to the areas where work is required to be performed. Additional issues associated with Government-furnished equipment are the responsibility of the Government. Contractor shall determine the pressure and rate of flow needed at each facility based on VA provided information listed in Column E Attachment 2: Schedule of Items.

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

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

4. Contractor-Furnished Bulk Tank System

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

4.2. All bulk liquid oxygen tank systems and materials required to cover all components and separators of the tank system to meet the requirements of this contract (other than what is specifically listed in section 3, Government-Furnished Property) shall be provided by the Contractor. Contractor-furnished bulk tank systems shall be inspected and maintained by the Contractor without additional cost to the Government. The Contractor-furnished bulk tank systems shall be kept in standard commercial operating condition and appearance, in accordance with applicable federal and state laws, regulations, and commercial standards. The Contractor will be afforded reasonable access to the bulk tank systems for this purpose. Each liquid oxygen storage container must have an outlet that allows access for testing the purity of the oxygen. The manifold or liquid converter must deliver medical-grade liquid bulk oxygen at a pressure and rate of flow adequate to supply the system. Contractor shall determine the pressure and rate of flow needed at each facility based on VA provided information listed in column E Attachment 2: Schedule of Items.

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

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

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

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

5. Installation of Contractor-Furnished Bulk Tank System

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

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

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

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

6. Licensing, Authorization, and Selling Permissions

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

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

6.3. Throughout the term of this contract, Contractor shall maintain all federal, state, and local licenses applicable to the Contractor as well as any required FDA certifications.

7. Liability Insurance Requirements

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

8. Ordering

8.1. In the event that medical grade bulk liquid oxygen is ordered through telemetry systems based on automatic monitoring of the bulk liquid oxygen tank system’s established fill point, orders with the contractor are considered to be placed when the telemetry system alerts the contractor that the fill point has been reached. VA facilities may accept the standard fill point established by the Contractor. However, VA Safety and/or Engineering personnel reserve the right to establish different fill point settings for the bulk liquid oxygen tank systems. Any amended fill point settings will be communicated to the Contractor by each facility’s Ordering Officer or COR.

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

FAX Number:

Email Address:

Department:

Name of Contact Person:

Address:

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

9. Delivery of Medical Liquid Bulk Oxygen

9.1. The Contractor shall deliver medical-grade liquid oxygen in accordance with the delivery parameters listed for each facility in Attachment 1: Delivery Locations. The list of facilities and information regarding their unique delivery requirements is included in Attachment 1: Delivery Locations

9.2. If for any reason the Contractor is unable to deliver 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 shall be designated by each facility. Contractor shall be provided with names and contact information of primary and backup facility representatives. This applies to all deliveries regardless of time or day of execution.

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

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

9.5. Emergency delivery shall be provided within 24 hours after receipt of Government notification. Contractor shall respond to the facility COR by either telephone or email within one hour to confirm receipt of emergency notification. Emergency status is determined by the Government when conditions warrant, such as a main bulk tank system damaged by the VA or a system imminent alarm condition, or a system leak that requires a refill in 24 hours. Failure of the Contractor to remain current with the agreed delivery schedule and requirements does not constitute an "emergency" for purposes of charging an emergency fee.

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

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

New Year's Day Martin Luther King's Birthday (3rd Monday in January) Presidents Day (3rd Monday in February) Memorial Day (last Monday in May) Independence Day (July 4th) Labor Day (1st Monday in September) Juneteenth (June 19) Columbus Day (2nd Monday in October) Veterans Day (November 11th) Thanksgiving Day Christmas Day

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

10. Quality Assurance Specifications and Requirements

10.1. All oxygen shall be manufactured, processed, packed, transported, and stored according to FDA's Current Good Manufacturing Practices (CGMP) regulations, and all labeling shall comply with FDA's labeling regulations (21 CFR Part 201).

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

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

· Supplier's name and complete address

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

· An Air Liquefaction Statement

· Lot number or other unique identification numbers

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

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

· Signature of authorized supplier representative and date.

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

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

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

11. Applicable Regulations & Standards

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

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

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

49 CFR – Transportation

Federal Food, Drug, and Cosmetic Act

NFPA 55: Compressed Gases and Cryogenic Fluids Code

NFPA 99: Health Care Facilities Code

USP 23

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

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

Calculation based on data in CGA P-6

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

Therefore EXAMPLE:

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

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

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

12. Conduct of Personnel:

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

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

13. Emergency Supply Support

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

14. De-Installation of Contractor Furnished Tank System

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

15. Invoice and Payment

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

16. COVID-19 Safety Protocols

16.1. Contractor employees who work in or travel to VHA locations must comply with the following:

a. Documentation requirements:

1. If fully vaccinated, shall show proof of vaccination.

NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.

2. If unvaccinated and granted a medical or religious exception, shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test.

3. Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.

4. Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

16.2. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool (https://www.va.gov/covid19screen/). Check regularly for updates.

a. Contractor employees who work away from VA locations, but who will have direct contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance, each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information

16.3. The Contractor must immediately notify their COR or Contracting Officer if performance is jeopardized due to contractor employees being denied entry into VA Facilities.

FAR CLAUSE 52.223-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL

CONTRACTORS (OCT 2021) (DEVIATION)

(a) Definition. As used in this clause - United States or its outlying areas means—

(1) The fifty States;

(2) The District of Columbia;

(3) The commonwealths of Puerto Rico and the Northern Mariana Islands;

(4) The territories of American Samoa, Guam, and the United States Virgin Islands; and

(5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll.

(b) Authority. This clause implements Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal Register on September 14, 2021, 86 FR 50985).

(c) Compliance. The Contractor shall comply with all guidance, including guidance conveyed through Frequently Asked Questions, as amended during the performance of this contract, for contractor workplace locations published by the Safer Federal Workforce Task Force (Task Force Guidance) at https:/www.saferfederalworkforce.gov/contractors/.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts at any tier that exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award, and are for services, including construction, performed in whole or in part within the United States or its outlying areas.

(End of clause)

See attached document: ATTACHMENT 4 SITE VISIT SIGN IN SHEETS.

See attached document: ATTACHMENT 2 SCHEDULE OF ITEMS AMENDMENT 0002.

End of Document