Attachment 2 - Statement of Work (SOW).pdf

Department of Health and Human Services National Institutes of Health

National Institute of Allergy and Infectious Diseases

Statement of Work (SOW)

Liquid and Compressed Gases for Rocky Mountain Laboratories for the

Division of Intramural Research Office of Operations Management

March 11, 2024

1.0 INTRODUCTION

The National Institute of Allergy and Infectious Diseases (NIAID) at the National Institutes of Health (NIH) conducts and supports applied research to better understand, treat and ultimately prevent infectious, immunologic, and allergic diseases. NIAID has a unique mandate, which requires the Institute to respond to emerging public health threats.

The Rocky Mountain Laboratories (RML) within NIAID is a biomedical research facility in Hamilton, Montana containing research programs organized into three broad laboratories that study specific infectious microbes that cause disease in humans and animals.

2.0 OBJECTIVE

The RML, Office of Operations Management (OOM) has a research need to procure a variety of liquid and compressed specialty gases, bulk liquid nitrogen, and carbon dioxide that are used regularly at RML. These gases are available for all researchers at RML to use for a variety of essential purposes, such as instrumentation, calibration, cryogenic storage, incubation, safety, facility maintenance, and chemical reactions. Regular and continuous supplies of medical and research gases is considered critical to RML facility operations and the continuity of scientific research processes.

It is RML’s intent to provide, through a single Firm Fixed Price contract, a source for gas requirements and to provide the end-users with consistency and reliability relating to the acquisition, handling and storage, and administrative aspects of liquid and compressed gases.

3.0 SCOPE

The scope of this effort includes the resources necessary to provide for commercial supplies in the area of liquid and compressed gases, gas handling, delivery, hardware, incidental services, and accessories for RML.

4.0 PERFORMANCE REQUIREMENTS

4.1 General Requirements

The Contractor shall perform/is responsible for the following:

4.1.1 Provide liquid and compressed gases in both cylinder and bulk form.

4.1.2 Provide total cylinder support including, but not limited to, the delivery of full cylinders to and the pick-up of empty cylinders from RML.

4.1.3 The Contractor shall maintain direct contact with RML to coordinate the replacement, replenishment, delivery, and maintenance of supplied tanks and tank hardware.

4.1.4 Provide a cylinder management program and inventory printouts every six (6) months and upon request of all leased cylinders at RML.

4.1.5 Provide and maintain remote telemetry monitoring of the existing leased bulk liquid nitrogen tanks during the contract period.

4.1.6 Provide full/complete contact information for the Contractor’s emergency points of contact (all hours). The Contractor’s delivery drivers and emergency and service personnel must meet/maintain NIH facility badging requirements for escort-free campus access.

4.1.7 Provide proof of delivery and industry required safety inspection checks. These are generally stamped on the side of the tank or have a hanging tag applied.

4.1.8 The Contractor is responsible for obtaining and maintaining all required federal, state, municipal, and international certifications, licenses, permits, registrations, and approvals that may be required to perform under this contract.

4.1.9 Furnish all necessary transportation, personnel (supervision/labor), materials, equipment, permits, facilities, compressed gases, and cylinders (with the exception of government-owned cylinders) and any other items required as listed in Appendix A.

4.2 Liquid and Compressed Gases (Cylinders)

4.2.1 The contractor shall provide liquid and compressed gases to be delivered in cylinders as identified in this SOW.

4.2.2 Cylinders for gaseous and liquid forms of gases shall comply with the Department of Transportation (DOT) specifications and standards, and shall be maintained, filled, marked, labeled, and shipped to comply with all current transportation, storage, and handling documents.

4.2.3 The Contractor shall provide all equipment required to load and unload all cylinders and tanks from the Contractor’s delivery truck into the designated area in the RML tank farm. Government-owned lifting equipment will not be available to transport and/or move containers.

4.2.4 The price for the liquid and compressed gases delivered in the Contractor owned cylinders shall include the gas, delivery of cylinders, all supplies required for inspection, testing, evaluation, and maintenance; pick up of empty cylinders, and any ancillary services at every delivery. Such supplies shall include replacement parts if required. Ancillary services shall include labeling, inspection, testing, and maintenance of all cylinders. The labeling of cylinders shall include the lettering, stenciling, and affixing of decals; metal lettering; and/or number stamping.

4.2.5 The Contractor shall ensure proper placement of tanks in the appropriate bays (flammable, non-flammable, empty, full, etc.) and provide inspection, testing, evaluation, and cleaning of contractor owned cylinders at every filling.

For any cylinders not filled within a six-month period, the Contractor shall provide inspection, testing, evaluation, and cleaning for those cylinders at no additional cost.

4.2.6 The Contractor shall provide the Accurate Cylinder Management (ACM) Cylinder Inventory Report via email or U.S. Mail to the Technical Point of Contact (TPC) every six months or within two (2) business days when requested.

4.3 Liquid and Compressed Gases (Stationary Bulk Tanks)

4.3.1 The Contractor shall provide industrial compressed gases in bulk tank quantities to fill stationary bulk tanks as identified in this SOW.

4.3.2 The price for the compressed gases delivered in bulk tank quantities shall include the compressed gas, delivery, all supplies required for inspection, testing, evaluation, and maintenance of Government and Contractor owned bulk tanks, as well as any ancillary services at every delivery.

4.3.3 The Contractor shall provide a 24-hour notification via email to the Government Point of Contact prior to arrival of a bulk fill delivery.

4.3.4 The Contractor shall be responsible for providing all manpower and equipment including hoses in the appropriate sizes for filling of bulk tanks and ensuring their hose connections are compatible with the tank fittings.

4.3.5 The Contractor shall provide a 24-hour bulk tank emergency contact list with a 1-hour response time for bulk tank emergencies and concerns. Listed personnel must be knowledgeable of bulk systems, have 24-hour access to RML campus, and be capable of on-site response within 1-hour.

4.3.6 The Contractor shall be responsible for all inspection, testing, evaluation, and maintenance of Government and Contractor owned bulk tanks. For any bulk tanks not filled within a six-month period, the Contractor shall provide inspection, testing, evaluation, and cleaning of those tanks.

4.3.7 The Contractor shall provide all liquid nitrogen bulk tank fills every two weeks and on an as-needed basis, as determined by contractor-provided telemetry system monitoring. Tank(s) will be filled to maximum functional capacity at each refilling procedure unless otherwise specified by the Government. The Contractor will ensure that bulk liquid nitrogen tanks are maintained at an acceptable level and on a keep-full program to ensure continuous and steady flow of liquid nitrogen to government equipment.

The current bulk tank requirement for RML is 3 bulk nitrogen tanks and 2 bulk carbon dioxide tanks. Of that number, 2 each are Government owned: Carbon Dioxide 1 each 2,500 pound tank; and Carbon Dioxide 1 each 8,000 pound tank.

Three are Contractor owned tanks: Liquid Nitrogen 1 each 1,625 gallon tank, Liquid Nitrogen 1 each 1,500 gallon tank, and Liquid Nitrogen 1 each 3,000 gallon tank.

4.3.8 The Contractor shall be responsible for providing stationery bulk tanks and equipment, other than those currently owned by the Government, necessary to support the compressed gas requirements of the Government.

4.3.9 The Contractor shall lease stationary bulk tanks as required to the Government. The lease price shall include the installation, removal, and lease of the stationary bulk tanks. As required, the Contractor shall perform installation and/or removal of stationary bulk tanks at RML adhering to the following:

a. The Contractor shall not remove, relocate, or install any bulk tanks without prior approval by the Government. All requests for removal or relocation of bulk tanks must be submitted in writing to the TPC with a copy of said request forwarded to the Contracting Officer.

b. Installation and/or removal of existing tanks/equipment shall be coordinated with the Government to minimize disruption to operations and shall be completed within seven (7) calendar days after receipt of notification authorizing the installation and/or removal from the Contracting Officer.

c. The Contractor may be required to provide a temporary system during change out of existing system or tanks to eliminate any delays in supply of product(s).

d. The Contractor shall install their contractor-provided tanks/equipment on existing concrete pads within the existing system footprints. The Contractor shall also perform all inspections and maintenance of Contractor-provided tanks/equipment to assure the system provides safe and uninterrupted support.

4.4 Safety Requirements

4.4.1 The Contractor is responsible for ensuring that all personnel making deliveries have and maintain a valid commercial driver’s license at the appropriate level of certification required to transport these types of products.

4.4.2 The Contractor shall maintain a copy of all Globally Harmonized System (GHS) Safety Data Sheets (SDS) for the associated products provided under this contract.

The Contractor shall also provide a clear, legible copy of all SDS documents to the TPC within five (5) working days following award of this contract. All SDS documents are to be the latest version. When documents are replaced or revised, a copy of the newest document(s) shall be forwarded to the TPC.

4.5 Business Transition Efforts for a Non-Incumbent Contractor

4.5.1 Upon issuance of the purchase order, the Contractor shall make contact with the Contracting Officer to coordinate an orderly transition from the incumbent contractor.

Unless otherwise specified in the purchase order or directed by the Contracting Officer, the Contractor shall have all equipment required for contract performance installed within 90 days after the award date of the purchase order. An existing inventory shall be taken, and all cylinders/bulk tanks returned, exchanged and/or replaced within the 90 day period following award of the contract.

4.5.2 The Contractor will coordinate with the current supplier to effect removal of current equipment and installation of new equipment, or to retain the current equipment.

4.5.3 No guarantee is given or implied that the data included in the schedule or this SOW regarding contractor owned equipment currently located at RML is complete and accurate.

4.5.4 Any supplies and/or services required to complete the business transition efforts not already covered in the price of the compressed gases and/or the leasing/purchase of bulk tanks will be negotiated as needed.

4.6 Delivery and Cylinder Tracking

4.6.1 Deliveries are currently being made to multiple locations at RML. It is the responsibility of the Contractor to make deliveries directly to the designated areas (i.e., at the bulk tank outlets or directly to the tank farm, etc.). These deliveries must be accomplished using Contractor owned equipment and personnel. The Government will provide for the disconnection and reconnection of all empty and full cylinders at the end-users’ buildings. The Contractor shall remove all empty cylinders from the delivery location and from the facility. The Contractor’s delivery drivers must meet/maintain NIH facility badging requirements for escort-free campus access.

4.6.2 The Contractor shall track or have the ability to provide immediate identification of all types and quantities of portable cylinders. The Contractor will not be reimbursed for cylinder loss of use due to damage under this contract.

4.6.3 At the time of each delivery, the Contractor must provide a legibly signed and dated written document that identifies the tank(s) level prior to fill, the level after fill, and the quantity delivered for tanks and cylinders.

4.6.4 The Government reserves the right to relocate portable cylinders, bulk tanks, and Contractor owned equipment located on Government property to facilitate emergency responses or to safeguard either Government or Contractor owner property. The Government shall notify the Contractor within five (5) working days should relocation become necessary.

4.6.5 Non-emergency deliveries shall be made during normal working hours of 8:00 AM – 4:00 PM Mountain Standard Time (MST). All delivery vehicles shall utilize the Post 4 gate on Baker Street, unless directed otherwise.

4.6.6 The Contractor shall ensure pick up of empty cylinders no later than 4:00 PM MST every Thursday and delivery of full cylinders no later than 4:00 PM MST every Friday. If the Contractor is not able to fulfill the requirement within this timeframe, the Contractor’s representative will contact an RML technical point of contact via telephone no later than 3:00 PM MST on Friday. Should any Thursday or Friday fall on a Federal Holiday, the Contractor’s representative shall make provisions for an alternate service date and provide notice to RML’s key personnel no later than two

(2) business days prior to the original service date.

4.6.7 Emergency orders shall be delivered to the designated location within 24 hours following placement of the order. The Government must identify the order as an “Emergency Order”. Unless otherwise directed by the Contracting Officer, emergency deliveries shall also be made during normal working hours of 8:00 AM to

4:00 PM MST.

4.6.8 The Contractor shall accept returns, at no cost to the Government, under the following conditions:

a. Contractor error.

b. Containers that are damaged and may pose an unsafe condition for use.

c. Product has been recalled by the manufacturer.

d. Product does not meet the quality standards specified.

4.7 Customer Service

4.7.1 The Contractor shall provide a point of contact responsible for facilitating resolution of all customer service problems as well as obtaining and providing answers to technical questions and concerns. Additionally, the contractor point of contact must be capable of suggesting alternative solutions regarding handling, storage, delivery, distribution, and customer operations. Any pertinent information should be included in a monthly status report.

4.7.2 The Contractor shall provide a monthly usage report to the TPC and the Contracting Officer.

4.7.3 On occasion, business may be required outside the normal working hours if accelerated deliveries in cylinder and bulk tank quantities are required.

5.0 Data Deliverables

Title SOW Paragraph Due Date Cylinder Inventory Report 4.2.6 Every six (6) months or upon request Monthly Usage Report 4.7.2 Monthly, on the 10th calendar day Transition Plan 6.0 45 days prior to contract end or within 5 days upon notification

6.0 Transition or Termination

Contractor installed equipment shall remain the property of the Contractor and shall be removed upon termination of the contract, when directed by RML, and in full cooperation with the succeeding Contractor to avoid interruption of gas supply. Should a future contract be awarded to a vendor other than the incumbent Contractor, the incumbent Contractor shall not remove the relevant rented storage device(s) until the transition of storage devices can be coordinated and completed. The incumbent Contractor shall continue to provide and maintain its storage devices during this transition period. If additional transition time is required beyond contract expiration, separate contract arrangements shall be made by RML.

No later than 45 days prior to end of the contract period of performance (POP) or within 5 days notification that NIAID intends to terminate the contract, the Contractor must prepare and deliver a detailed transition plan. This shall include a current inventory of all cylinders and bulk tanks. During the transition period, the incumbent Contractor must provide all resources required to ensure a smooth transition to the successor Contractor.

All performance requirements of the contract will remain in effect until contract term as defined expires.

7.0 Government Furnished Items

There are no Government Furnished Items involved in this acquisition.

8.0 Security Requirements

Contractor personnel, other than RML badged delivery or emergency personnel, requiring access to the RML facility shall provide a valid U.S. federal or state-issued photo ID in accordance with the RML visitor approval process in effect at the time of the visit. The on-site contractor personnel may be escorted by RML employees and will be issued a visitor badge each day while on site and shall return their badge to RML security personnel at the end of the visit.

8.1 Badge Control. The Contractor shall establish and implement methods of making sure all badge cards issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons.

9.0 Safety and Health

The Contractor shall comply with all Department of Health and Human Services (DHHS), federal, state, Occupational Safety and Health Administration (OSHA) standards, and local environmental laws and regulations concerning the environmental, occupational safety and health, and hazardous material. In the case of conflict among these laws and regulations, the most stringent law or regulation shall apply. The Contractor shall ensure employees have all required training and certifications related to OSHA requirements.

10.0 Hazardous Materials

The Contractor will provide personnel responsible for the handling of the hazardous materials and the respective Safety Data Sheets (SDS). This responsibility includes proper training in handling and disposal of the hazardous materials.

11.0 Post Award Conference/Periodic Progress Meetings

The Contractor agrees to attend any post award conferences convened by the contracting activity or contract administration office in accordance with the Federal Acquisition Regulation (FAR) Subpart 42.5. The contracting officer, technical representative, and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the contracting officer will apprise the Contractor of how the government views the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced.

Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

12.0 Period of Performance

The total period of performance is May 1, 2024 through January 31, 2029 for a base plus four (4) option periods contract. The four option periods may be unilaterally exercised by the Government. Each option period shall not exceed 12 months in duration, unless mutually agreed upon and a formal modification is issued. The presence of option periods does not obligate the Government to exercise the option period. All terms and conditions applicable to the base period shall extend to the option periods unless otherwise agreed upon by the Government and the Contractor. The option period is subject to the availability of funds.

Base Period: May 01, 2024 – January 31, 2025 Option Period 1: February 01, 2025 – January 31, 2026

Option Period 2: February 01, 2026 – January 31, 2027 Option Period 3: February 01, 2027 – January 31, 2028 Option Period 4: February 01, 2028 – January 31, 2029

13.0 Place of Performance

Rocky Mountain Laboratories 903 South 4th Street Hamilton, Montana 59840

14.0 Recognized Holidays

New Year’s Day Labor Day Martin Luther King Jr. Day Columbus Day Presidents’ Day Veterans Day Memorial Day Juneteenth Thanksgiving Day Independence Day Christmas Day

APPENDIX A

Core Liquid and Compressed Gases - Cylinders, Bulk, Lease, and Demurrage

Description Cylinder/Tank Size Contractor or Government

Owned Cylinders

Unit of Measure (UOM) Annual Quantity

GP55 Liquid Nitrogen, Industrial Grade LS180 Both CYL 420 Carbon Dioxide, Industrial Grade 50 lbs. Contractor CYL 100 Nitrogen, Industrial Grade 99.95% T Contractor CYL 100 Oxygen, USP Certified Medical Grade 99.995% (249 CF) KM Contractor CYL 250 4% H2/ 5% CO2/ 91% N2 Certified T Contractor CYL 8 Liquid Nitrogen, Industrial Grade, Bulk Delivery 3 bulk tanks Contractor CF 11,000,000 Carbon Dioxide, Industrial Grade, Bulk Delivery 2 bulk tanks Government LB 200,000 Monthly Cylinder Demurrage for Compressed Gas Cylinders N/A Contractor CYL 3500 Monthly Cylinder Demurrage for Gas Pack Cylinder N/A Contractor EA 550 Monthly Lease for 3000 Gallon Bulk Tank Liquid Nitrogen N/A Contractor EA 12 Monthly Lease for 1500 Gallon Bulk Tank Liquid Nitrogen N/A Contractor EA 12 Monthly Lease for 1625 Gallon Bulk Tank Liquid Nitrogen N/A Contractor EA 12 Monthly Cylinder Demurrage for Custom Compressed Gasses N/A Contractor EA 1300

CARBON MONOXIDE 9PPM-BALANCE NITROGEN, EPA PROTOCOL,

INCINERATOR CALIBRATION GAS T Contractor EA 3

1800 PPMCO/ 20% O2/ N2 EPA PROTOCOL, INCINERATOR

CALIBRATION GAS T Contractor EA 6

BULK NITROGEN DELIVERY FUEL SURCHARGE N/A EA 28

B-ACETYLENE B Contractor EA 12 40 CUFT Nitrogen 40 Contractor CYL 12 Oxygen, USP Certified Medical Grade 99.995% R Contractor CYL 12 Oxygen, USP Certified Medical Grade 99.995% E Contractor CYL 200