Attachment 1- Bulk Oxygen SOW.docx

Statement of Work

Delivery of Medical Liquid Bulk Oxygen and Bulk Oxygen Tank Rental to Include Telemetry Fee, Delivery and Installation on a Twelve Month Base Year and Four (4) Option Years.

Bulk oxygen is ordered by and delivered to the RMR VAMC 1700 N Wheeling St Aurora, CO 80045. Estimated Monthly is 1,200,00 CF.

The contractor shall deliver medical-grade liquid oxygen weekly as determined by staff during normal business hours. In the case that the delivery day falls on a federal holiday or weather forecast interferes with delivery, then the delivery shall be made the day prior. Bulk deliveries will be made to the existing bulk oxygen storage located outside of FMS Building L on the north end of the campus. In the case of an emergency, in which the facility becomes non-operational, the RMRVA requires a bulk tank delivery within 24 hours.

Normal Business Hours are between 8:00 a.m. and 4:00 p.m. Monday through Friday, excluding the Federal Holidays listed below.

New Years’ Day

Columbus Day

Any other day specifically designated by Federal Statute, Executive Order, and /or Presidential Proclamation shall be excluded

Normal Business Hour contact information:

Larry Williams (720)857-2502

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

2. CONTRACTOR'S RESPONSIBILITY

a. Responsibility for Government Property. The contractor assumes full responsibility for and shall indemnify the government for any and all loss or damage of whatsoever kind and nature to any and all government property. This includes any equipment, supplies, accessories or parts furnished while in the contractor's custody and care for storage, repairs or services to be performed under the terms of this contract, resulting in whole or in part from the negligent acts or omissions of contractor, any subcontractor or any employee, agent or representative of contractor or subcontractor.

b. Hold Harmless and Indemnification Agreement. The contractor shall save and hold harmless and indemnify the government against any and all liability. This includes claims and costs of whatsoever kind and nature for injury to or death of any person or persons and for loss or damage to any property occurring in connection with or in any way incident to or arising out of the occupancy, use, service, operations or performance of work under the terms of this contract, resulting in whole or in part from the negligent acts or omissions of contractor, any subcontractor or any employee, agent or representative of contractor or subcontractor.

c. Damage to Government Property from causes other than Contractor's Negligence. Nothing in the above paragraphs shall be considered to preclude the government from receiving the benefits of any insurance the contractor may carry that provides for indemnification for any loss of, destruction of or damage to property in the care of the contractor where such loss of, destruction or damage is to government property. The contractor shall do nothing to prejudice the government's right to recover against third parties for any loss of, destruction of or damage to government property and upon the request of the contracting officer shall, at the government's expense, furnish to the government all reasonable assistance and cooperation (including assistance in prosecution of suit and the execution of instruments of assignment in favor of the government) in obtaining recovery.

5. ORDERING, BILLING AND PAYMENT: A separate purchase order will be issued for each 12-month period covering the estimated requirements. The Contractor will obtain signature of the individual receiving goods on a delivery slip. Payment will be processed after receipt of a properly prepared invoice for items delivered to the DVA Medical Center.

6. Period of performance: Base Year Plus Four (4) Option Years to start on 01 July, 2022. Option Years may be exercised annually.

7. DELIVERY PRICES: Prices cover delivery to destinations as provided below:

(1) Delivery to the door of the specified Government activity by freight or express common carriers on articles for which store-door delivery is provided pursuant to regularly published tariffs or schedules duly filed with the Federal and/or State regulatory bodies governing such carriers; or, at the option of the contractor, by parcel post on mailable articles; by contract carrier; or by contractor’s vehicle carriers; or, at the option of the contractor, by parcel post on mailable articles; by contract carrier; or by contractor’s vehicle.

8. INSPECTION:

(1) Measurement and Computation, Liquid Gases: The quantity of liquid gases delivered by the contractor and for which payment shall be made hereunder, shall be measured means of a certified weighing scale located within 25 miles of the point of delivery. Where this is not possible or where practical considerations warrant, measurement of the quantity of liquid gases delivered may, with the approval of the base fuel officer, be based on the calibrated liquid flow meter or liquid level gauge on the contractor’s delivery equipment. If none of the above measuring equipment is available, measurement of quantity delivered will be based on the liquid level gauge on the storage container. In this event, the contractor shall assume all vaporization losses.

The actual filling of Government-owned storage containers shall be accomplished by the contractor at the respective destinations.

9. BULK GAS SYSTEMS:

(1) Medical Gas Systems: Services, materials, equipment, installation, and maintenance involving Medical Gas Systems, both Government-owned and Contractor-owned, shall comply with National Fire Protection Association Pamphlet No. 56F, “Nonflammable Medical Gas Systems”.

(2) Storage Vessels and Appurtenances: Government-owned bulk storage tanks will be maintained by and at the expense of the Government in a manner that will insure compliance with applicable regulations, standards and normal good practices. Contractor-owned equipment, when required by the contract, shall be installed and maintained by the contractor, without cost to the Government. Contractor-owned equipment shall be kept in good operating condition and appearance, in accordance with applicable standards and normal good practices, and contractor will have access to the systems at all times for this purpose. Unless otherwise indicated in the item description, a contract award for liquid gas to supply a piped system shall include the gaseous or liquid reserve or secondary supply, at the contract price for the primary supply. Manifold, cylinders for the reserve supply, liquid converter, alarm switch, regulator, valves, level indicator, and other devices or connections required for proper tie-in with the gas system shall be furnished by the contractor, without cost to the Government. The manifold or liquid converter shall deliver gas at a pressure (psig) and rate of flow adequate to supply the system.

10. Delivery Into Bulk Storage Containers: Prices for items ordered in Bulk cover delivery into storage vessels at destination. Demurrage charges on contractor’s delivery truck are as follows:

Free unloading time is 2 hours: $______ per quarter hour after free time expires.

Unloading time shall be computed from the time the contractor’s truck arrives at the entrance of the Government installation until delivery into storage vessel(s) is completed. Any delays caused by the defective Contractor-owned equipment or improper unloading procedure shall be added to the free unloading time.