Medical Gas Specifications.docx

ARFQ WEH2500000011

Rental of Cylinders of Industrial and Medical Gases and the Purchase of Industrial and Medical Gases

SPECIFICATIONS

1. PURPOSE AND SCOPE: THE West Virginia Office of Shared Administration, Purchasing Division is soliciting bids on behalf of the Department of Health Facilities (DHF), Welch Community Hospital (WCH) to establish an open-end contract for the rental of cylinders of industrial and medical gases and the purchase of industrial and medical gases for Welch Community Hospital.

NOTE: This request is covered in part or in whole by federal funds. All bidders will be required to acknowledge and adhere to the attached Federal Funds Addendum.

NOTE: The DoHS OSA has developed an EEOP Utilization Report, and it is available at:

https://dhhr.wv.gov/office-of-drug-controlpolicy/news/Documents/EEO%20Uitlization%20Report%20Completed%20Form%201-29-21-final-PDF%20review%20for%20approval%20to%20submit%20%283%29.pdf

NOTE: The Health Insurance Portability and Accountability Act of 1996 (hereafter, HIPAA) Business Associate Addendum (“Addendum”) is made a part of the Agreement by and between the West Virginia Department of Health Facilities (DHF), Bureau for Office of Health Facilities (OHF), Welch Community Hospital (Agency), and Business Associate (Vendor) and is effective as of the date of execution of the Addendum.

2. DEFINITIONS: The terms listed below shall have the meanings assigned to them below. Additional definitions can be found in Section 2 of the General Terms and Conditions.

2.1 “Contract Services” means the list of items identified in Sections 3, Subsection 3.1 below.

2.2 “Pricing Page” means the pages contained WV OASIS or attached hereto as Exhibit A, upon which Vendor should list its proposed price for the RFQ.

2.3 “Solicitation” means the official notice of an opportunity to supply the State with goods or services that is published by the Purchasing Division.

3. GENERAL REQUIREMENTS:

3.1 Contract Items and Mandatory Requirements: Vendor shall provide Agency with the contracted items listed below on an open-end and continuing basis. Contract items must meet or exceed the mandatory requirements as shown below.

5.1

3.1.1 The Vendor is requested to quote services limited to providing rental of cylinders and the purchase of gases to include Acetylene, Air, Argon, Carbon Dioxide Helium, Oxygen, Nitrogen, Nitrous Oxide, and Diffusion consistent with all applicable State and Federal laws and regulations. The vendor is requested to quote the Hazardous Materials Shipping charge (HAZMAT). Monthly rental shall be applicable to cylinders.

More specifically, Vendor must include, but not be limited to the following:

3.1.1.1 Industrial Large Acetylene Cylinder

3.1.1.2 Industrial Large Air Cylinder

3.1.1.3 Industrial Large Argon Cylinder

3.1.1.4 Industrial Large Carbon Dioxide Cylinder

3.1.1.5 Industrial Large Oxygen Cylinder

3.1.1.6 Industrial Small Acetylene Cylinder

3.1.1.7 Industrial Small Nitrogen Cylinder

3.1.1.8 Industrial Small Oxygen Cylinder

3.1.1.9 Medium Large Nitrogen Cylinder

3.1.1.10 Medium Large Nitrous Oxide Cylinder

3.1.1.11 Medium Large Oxygen Cylinder

3.1.1.12 Medium x-small Air Cylinder

3.1.1.13 Medium x-small Carbon Dioxide Cylinder

3.1.1.14 Medium x-small Nitrogen Cylinder

3.1.1.15 Medium x-small Nitrous Oxide Cylinder

3.1.1.16 Medium x-small Oxygen Cylinder

3.1.1.17 Medium x-small Diffusion (4 components/Oxygen, Nitrogen, Methane, and Carbon) Cylinder

3.1.1.18 Hazardous Materials Shipping Charge

3.1.2 Filled (full) tanks shall be delivered on a weekly basis to the hospital as specified; empty cylinders shall be picked up as filled cylinders are delivered.

3.1.3 The cylinders shall be properly classified, described, packaged, marked, labeled, and in proper condition for transportation according to the applicable regulation of the Department of Transportation.

3.1.4 The vendor shall inspect the condition of each cylinder upon delivery.

3.1.5 Vendor must ensure delivery of emergency orders within 24 hours of receiving the order.

4. CONTRACT AWARD:

4.1 Contract Award: The contract is intended to provide Agencies with a purchase price on all contract Items. The Contract shall be awarded to the Vendor that provides the contract Items meeting the required specifications for the lowest Grand Total Cost as shown on the Pricing Pages.

4.2 Pricing Pages: Vendor should complete the Pricing Pages by inserting the unit cost, annual cost and Grand Total Cost for all items outlined within this Request for Quotations. The vendor should complete the Pricing Pages in its entirety as failure to do so may result in Vendor’s bids being disqualified.

The Pricing Page contain a list of the contract Items and estimated purchase volume. The estimated purchase volume for each item represents the approximate volume of anticipated purchases only. No future use of the Contract or any individual item is guaranteed or implied.

Vendor should type or electronically enter the information into the pricing page through WVOASIS, if available, or as an electronic document.

5. ORDERING AND PAYMENT:

5.1 Ordering: Vendor shall accept orders by regular mail, facsimile, e-mail, or any other written forms of communication. Vendor may, but is not required to, accept on-line orders through a secure internet ordering portal/website. If Vendor has the ability to accept on-line orders, it should include in its response a brief description of how Agencies may utilize the on-line ordering system. Any on-line ordering system must have the capability to restrict prices and available items to conform to the Catalog originally submitted with this RFQ. Vendor shall ensure that it’s online ordering system is properly secured prior to processing Agency orders on-line.

5.2 PAYMENT: Vendor shall accept payment in accordance with the payment procedures of the State of West Virginia.

6. DELIVERY AND RETURN:

6.1 Delivery Time: Vendor shall deliver standard orders on a bi-weekly basis. Vendor shall deliver emergency orders within 24 hours from the time the emergency order is received. Vendor shall ship all orders in accordance with the above schedule and shall not hold orders until a minimum delivery quantity is met.

6.2 Late Delivery: The Agency placing the order under this Contract must be notified in writing if orders will be delayed for any reason. Any delay in delivery that could cause harm to an Agency will be grounds for cancellation of the delayed order, and/or obtaining the items ordered from a third party.

Any Agency seeking to obtain items from a third party under this provision must first obtain approval of the Purchasing Division.

6.3 Delivery Payment/Risk of Loss: Standard order delivery shall be F.O.B.

destination to the Agency’s location. Vendor shall include the cost of standard order delivery charges in its bid pricing/discount and is not permitted to charge the Agency separately for such delivery. The Agency will pay delivery charges on all emergency orders provided that Vendor invoices those delivery costs as a separate charge with the original freight bill attached to the invoice.

6.4 Return of Unacceptable Items: If the Agency deems the Contract Items to be unacceptable, the Contract Items shall be returned to Vendor at Vendor’s expense and with no restocking charge. Vendor shall either make arrangements for the return within five (5) days of being notified that items are unacceptable or permit the Agency to arrange for the return and reimburse Agency for delivery expenses. If the original packaging cannot be utilized for the return, Vendor will supply the Agency with appropriate return packaging upon request. All returns of unacceptable items shall be F.O.B. the Agency’s location. The returned product shall either be replaced, or the Agency shall receive full credit or refund for the purchase price, at the Agency’s discretion.

6.5 Return Due to Agency Error: Items ordered in error by the Agency will be returned for credit within 30 days of receipt, F.O.B. Vendor’s location. Vendor shall not charge a restocking fee if returned products are in a resalable condition. Items shall be deemed to be in a resalable condition if they are unused and in the original packaging. Any restocking fee for items not in a resalable condition shall be the lower of the Vendor’s customary restocking fee or 5% of the total invoiced value of the returned items.

7. VENDOR DEFAULT:

7.1 The following shall be considered a vendor default under this Contract.

7.1.1 Failure to provide Contract Items in accordance with the requirements contained herein.

7.1.2 Failure to comply with other specifications and requirements contained herein.

7.1.3 Failure to comply with any laws, rules, and ordinances applicable to the Contract Services provided under this Contract.

7.1.4 Failure to remedy deficient performance upon request.

7.2 The following remedies shall be available to Agency upon default.

7.2.1 Immediate cancellation of the Contract.

7.2.2 Immediate cancellation of one or more release orders issued under this Contract.

7.2.3 Any other remedies available in law or equity.

8. MISCELLANEOUS:

8.1 No Substitutions: Vendor shall supply only Contract Items submitted in response to the RFQ unless a contract modification is approved in accordance with the provisions contained in this contract

8.2 VENDOR SUPPLY: Vendor must carry sufficient inventory of the Contract Items being offered to fulfill its obligations under this Contract. By signing its bid, Vendor certifies that it can supply the Contract Items contained in its bid response.

8.3 Reports: Vendor shall provide quarterly reports and annual summaries to the Agency showing the Agency’s items purchased, quantities of items purchased, and total dollar value of the items purchased. Vendor shall also provide reports, upon request, showing the items purchased during the term of this Contract, the quantity purchased for each of those items, and the total value of purchases for each of those items. Failure to supply such reports may be grounds for cancellation of this contract.

8.4 Contract Manager: During its performance of this Contract, Vendor must designate and maintain a primary contract manager responsible for overseeing Vendor’s responsibilities under this Contract. The Contract manager must be available during normal business hours to address any customer service or other issues related to this Contract. Vendor should list its Contract manager and his or her contact information below.

Contract Manager: ______________________ Telephone Number: ________________________ Fax Number: ______________________________ Email Address: ____________________________

Revised 08/15/24