RFQ - 36C77622Q0044.pdf

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 SPECIFIED 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. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

36C77622Q0044 3-1-2022

Charles Morin – Contract Specialist 651-293-3035 3-31-2022 11:00PM

Central

36C776

Department of Veterans Affairs

Program Contracting Activity Central

212 3rd Avenue South

Suite 29

Minneapolis MN 55401

X 100

X

325120

1000 Employees

N/A

X

Department of Veterans Affairs

Various Facilities in VISN 12

36C776

Program Contracting Activity Central

Attention: Charles Morin

212 3rd Avenue South Suite 29

VAFSC

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% SDVOSB Set

Aside for the Veterans Integrated System Network (VISN) 12

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.

Reference paragraph E.2 Quotation Submission Instructions for

Instructions on how to submit a proper quotation.

See CONTINUATION Page

X X

X one

Andrew J. Schoenecker

VA-VHA-2020-5312986F

36C77622Q0044

Table of Contents

SECTION A………………………………………………………………………………………………..1

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 SCHEDULE OF ITEMS

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2021)

C.2 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR

INFORMATION SYSTEMS (NOV 2021)

C.3 52.208-8 REQUIRED SOURCES FOR HELIUM AND HELIUM USAGE DATA

(AUG 2018)

C.4 52.216-18 ORDERING (AUG 2020)

C.5 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.6 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.7 52.222-19 CHILD LABOR-COOPERATION WITH AUTHORITIES AND

REMEDIES (JAN 2022)

C.8 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

C.9 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION

OF COMMERCIAL ITEMS (APR 2020)

C.10 852.212-72 GRAY MARKET AND COUNTERFEIT ITEMS (MAR 2020)

(DEVIATION)

C.11 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED

SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION)

C.12 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.13 852.219-78 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (SEP 2021)

(DEVIATION)

C.14 852.242-74 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.15 852.247-71 DELIVERY LOCATION (OCT 2018)

C.16 852.247-72 MARKING DELIVERABLES (OCT 2018)

C.17 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.18 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN

1997)

C.19 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021) (JUL 2020)

(DEVIATION)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 – SCHEDULE OF ITEMS

D.2 – FACILITY LOCATIONS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021)

E.2 QUOTATION SUBMISSION INSTRUCTIONS

E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.5 52.216-1 TYPE OF CONTRACT (APR 1984)

E.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.8 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.9 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (FEB 2021) (JUL 2020) (DEVIATION)

E.10 852.247-71 DELIVERY LOCATION (OCT 2018)

E.11 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) .. 85

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

Name: Andrew Schoenecker Email: Andrew.Schoenecker@va.gov Phone: 651-293-3038

Department of Veterans Affairs Program Contracting Activity Central 212 3rd Avenue South Suite 29

2. 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 Contractor 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:

A. Name and address of the CONTRACTOR.

B. Invoice date. (The Contractor is encouraged to date invoices as close as possible to the date of the delivery/ transmission).

C. Contract number or other authorization for supplies delivered or services performed

(including order number and contract line item number).

D. Description, quantity, UOM, unit price, and extended price of medical gases delivered, or services performed.

E. 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).

F. Name (where applicable), title, phone number, and mailing address of person to be notified in the event of a defective invoice.

G. Any other information or documentation required by the contract (such as evidence of shipment).

H. While not required, the CONTRACTOR is strongly encouraged to assign an identification number to each invoice.

5. PAYMENTS AND INVOICING: VA shall review the invoice against its record. VA shall notify the contractor 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 – 36C776-22-D-XXXX) 3.) Purchase order number. (example – 556-C2XXXX) 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 Contractor 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 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.

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 officer’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 mailto:VAFSCEDIFinTeam@va.gov 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 Contractor and the Contracting Officer.

8. HOLIDAYS: will not be required to make delivery on federally observed holidays. When normal delivery days fall on a Federal holiday, the Contractor 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) Juneteenth (June 19th) 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

mailto:info@gs1us.org

B.2 SCHEDULE OF ITEMS

SCHEDULE OF ITEMS

The Schedule is provided in Excel spreadsheet format as Attachment D.1 – Schedule of Items.

Period of Performance: The five-year ordering period is the date of award through sixty (60) months thereafter, unless terminated earlier pursuant to the terms of this contract.

Year 1 of the Ordering Period: 5/1/2022 to 4/30/2023 Year 2 of the Ordering Period: 5/1/2023 to 4/30/2024 Year 3 of the Ordering Period: 5/1/2024 to 4/30/2025 Year 4 of the Ordering Period: 5/1/2025 to 4/30/2026 Year 5 of the Ordering Period: 5/1/2026 to 4/30/2027

The minimum contract price is $25,000.

The maximum contract price is $6,975,000.

The maximum aggregate dollar value of all delivery orders shall not exceed the contract ceiling.

B.3 STATEMENT OF WORK

Medical Gases, Fills and Cylinder Rentals

The Veterans Health Administration (VHA), Veterans Integrated System Network (VISN) 12 requires a contractor to provide medical gases for each of the estimated eight (8) main Veterans

Administration (VA) medical center facilities along with their respective clinics and off-site locations located within the VISN. The Contractor shall be responsible for providing, filling, transporting, handling, servicing, maintaining, delivering, picking up and storing medical gases and medical gas cylinders/tanks for all facilities located in VISN 12 in accordance with the schedule and specifications listed in this Statement of Work, and all terms and conditions of this contract.

1. SCOPE

1.1. The VHA, VISN 12, requires a contractor to provide medical gases for each of the estimated eight (8) VA medical center facilities, their respective clinics and off-site locations located in their region. The Contractor shall be responsible for providing, filling, transporting, handling, servicing, maintaining, delivering, picking up and storing medical gases and cylinders for all facilities located within VISN 12. All equipment and materials required to perform on the contract (other than government-furnished property) shall be provided by the Contractor.

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 located in VISN 12. The medical gases are listed in Attachment D.1 –

Schedule of Items and must meet or exceed the standards cited in the current edition of the United States Pharmacopoeia/National Formulary (USP).

1.3. The list and locations of VISN 12’s Veterans Administration Medical Centers

(VAMC) / Health Care System (HCS) facilities are shown in Attachment D.2 – Facility

Locations. The number and location of facilities located within VISN 12 may increase or decrease based on the Government’s need to provide health care to Veterans.

1.4. The quantities given in the solicitation are estimates only. There is no expressed or implied guarantee that these quantities will be purchased. The actual quantities ordered by the facilities will vary based on the medical needs of each facility. Quantities may increase or decrease based on the volume of veterans and their medical needs.

The contract shall be for the actual quantities as ordered by each VA Health Care facility. The aggregate amount for all VA facilities located in VISN 12 will be for the life of the contract and shall stay within the contract’s minimum and maximum limits as stated in 1.6.

1.5. The Government is anticipating awarding one fixed-price Indefinite Delivery

Indefinite Quantity (IDIQ) contract for a duration of five (5) years.

1.6. Acronyms used in this contract shall be interpreted as follows unless the context expressly requires a different construction and/or interpretation.

ARO: After Receipt of Order

CFR: Code of Federal Regulations

CGA: Compressed Gas Association

CGMP: FDA Current Good Manufacturing Practice

CBOC: Community Based Outpatient Clinic

CO: Contracting Officer

COR: Contracting Officer Representative

CS: Contract Specialist

EDI: Electronic Data Interchange

FCLO: Facility Chief Logistics Officer

FDA: US Food & Drug Administration

GFE: Government-Furnished Equipment (Government-Owned)

HCS: Health Care System

LIN: Line Item Number

LOU: Loss of Use, missing /unreturned / damaged cylinders

LPM: Liters Per Minute

NFPA: National Fire Protection Association

OO: Ordering Officer

OSHA: US Department of Labor, Occupational Safety and Health

Administration

PO: Purchase Order

POC: Point of Contact

USP: United States Pharmacopoeia/National Formulary

VA: Department of Veterans Affairs (Government)

VAMC: Veterans Affairs Medical Center

VHA: Veterans Health Administration

VISN: Veterans Integrated Service Network

2. LICENSING, AUTHORIZATION AND SELLING PERMISSIONS

2.1. If the Contractor is the manufacturer of the medical gases it places into the medical gas cylinders 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.

2.2. If the Contractor is not the manufacturer of the medical gases that are placed into medical gas cylinders being supplied under this contract, the Contractor must provide an executed copy of the resellers agreement within 10 calendar days of contract award affirmatively demonstrating that the Contractor has authorization by the manufacturer to resell the medical gas and to rent the medical gas cylinders that the

Contractor is providing under this contract. In addition, the Contractor shall provide annual updates to any agreements it has with the medical gas manufacturer and medical gas cylinder provider affirmatively demonstrating that the Contractor has authorization by the manufacturer to resell the medical gas and to rent the medical gas cylinders that the Contractor is providing under this contract. In the event of a change in manufacturer, the Contractor shall provide advance notification to the VA and shall provide copies of the new medical gas 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 signed agreement with the new manufacturer demonstrating that the Contractor has authorization by the manufacturer to resell the medical gases and to rent the medical gas cylinders that the

Contractor intends to provide under this contract.

2.3. 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. Contractor must also provide, annually, verification that the manufacturer from which it obtains the medical gases placed into the medical gas cylinders 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.

3. LIABILITY INSURANCE REQUIREMENTS

3.1 The Contractor is required to maintain liability insurance in the amount of

$1,000,000.00 per occurrence. The ACORD Certificate of Liability must be provided at time of contract award and annually via email to the CO.

4. MEDICAL GAS SPECIFICATION AND REQUIREMENTS

4.1. All medical gases provided in this contract shall be medical grade and shall comply with all applicable FDA, CGA, DOT, and all other federal, state, and local acts, regulations, codes, and standards in regard to their manufacture, testing, transportation, shipping, and packaging. The Contractor shall comply with the most current and updated version of these codes and standards for the entire period of performance of this contract.

4.2. Material Safety Data Sheets (MSDS) shall be provided to the facility COR upon request at no additional charge. Contractor shall, at the request of the VA, provide training on procedures associated with safety data and maintaining medical gas cylinders while at VA facilities.

5. CYLINDERS AND ASSOCIATED COMPONENTS LAWS AND REGULATIONS

5.1. Cylinders, tanks, valves and other containers for gaseous and liquid forms of gas provided on this contract shall comply with all applicable FDA, CGA, DOT, and all other federal, state, and local acts, regulations, codes and standards in regard to the manufacture, maintenance, filling, marking, labeling, transportation, shipping, packaging, color-coding, valves, valve protection caps, valve brazing, cylinder fittings, hydrostatic cylinder testing, inspections, visual inspection, and 360 degree cryoband placement. The Contractor shall comply with the most current and updated version of these codes and standards for the entire period of performance of this contract.

5.2. Cylinder sizes, shown in the chart below, indicate 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 Federal Food, Drug, and Cosmetic Act codes, including any subsequent updates during the contract’s performance period, 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

5.3. 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.

5.4. Cylinders shall be filled to the maximum manufacturer’s recommended level during each refilling procedure unless a lesser amount is specified in the facility requirements or as agreed upon in a written document signed and dated by the

Contracting Officer (CO).

5.5. 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/.

5.6. All transportation charges for empty government-owned and contractor-provided cylinders shall be at the expense of the Contractor and shall be transported using normal commercial practice to prevent damage to cylinders.

https://www.cganet.com/

6. GOVERNMENT-OWNED PROPERTY (GFE) - MEDICAL GAS CYLINDERS

6.1. The Contractor is required to pick up GFE medical gas cylinders including attached appurtenances. These cylinders shall be inspected and filled to the maximum functional capacity during each refilling procedure. Each Government-owned medical gas cylinder and appurtenance shall be returned one for one to match the pick-up number. Empty Government-owned cylinders that are picked up from an ordering facility for re-fill or servicing shall be transported according to the DOT Regulations, using normal commercial practice to prevent damage to cylinders.

6.2. All GFE will be labeled, colored, and tagged for identification and tracking by the

VA. Contractor shall provide accurate GFE cylinder counts for both pickup and delivery on each delivery. If one for one matching is not accurate, missing cylinder quantities will be identified and documented on the delivery slip of government-owned cylinders.

An annual 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 or damaged government-owned medical gas cylinders and appurtenances at agreed upon rates identified on Attachment D.1 - Schedule of Items.

6.3. Any GFE (cylinders, parts, fittings, and appurtenances) found not to meet compliance requires the Contractor to inform the COR and OO both in writing (or via E-

MAIL) and by telephone to give them the opportunity to revise the order. The Contractor shall return the non-compliant GFE back to the ordering facility on the next delivery at no additional cost to the VA with documentation and clear marking on the GFE to label it defective.

6.4. GFE shall remain the property of the individual facility for which the order was placed. GFE items are not exchangeable for other GFE from different VA facilities.

Contractor shall fill and return GFE to the specific ordering facility for which the order was placed.

6.5. At the request of the VA facility, the Contractor shall perform Hydrostatic testing on GFE at the price indicated in the LIN on this contract. Contractor shall provide results in writing for each specific tank tested indicating whether the tank is compliant or not compliant. The Contractor shall return any non-compliant GFE back to the ordering facility on the next delivery at no additional cost to the VA with documentation and clear marking on the GFE to label it defective. The Contractor shall proceed to fill all compliant GFE cylinders and deliver them per normal procedure.

7. CONTRACTOR-PROVIDED MEDICAL CYLINDERS

7.1. Contractor shall provide and maintain cylinders/tanks and equipment. For the duration of the contract, the Contractor is liable for the integrity, suitability, safety, maintenance, inspections, and cylinder tracking of contractor-provided cylinder(s) and ensures they comply with applicable regulations and standards.

7.2. Contractor-provided equipment shall be kept in good operating condition and appearance (i.e., clean, rust free, labeled) and be in accordance with applicable regulations and standards by the Contractor and at the Contractor’s expense. Each station shall provide the Contractor reasonable access to the facilities for this purpose.

Contractor shall provide documentation of all safety testing of contractor-provided medical cylinders and appurtenances, including cylinder hydrostatic testing, to the VA upon their request at no additional charge.

7.3. All VISN 12 VA facilities have the right to refuse dirty cylinders or cylinders that do not meet applicable regulations and standards. The Contractor must replace rejected cylinders within 24 hours at no additional cost to the government.

7.4. The Contractor shall provide training to VA staff upon request at no additional cost to the Government. The training shall insure that VA employees are proficient and able to safely operate medical gas cylinders and appurtenances in the event of equipment change, technology upgrades and/or any new system/manufacturer specification change.

7.5. Monthly Rental Charges

7.5.1 Upon the delivery of contractor-provided cylinders, monthly rental rates shall apply to those cylinders beginning on the day of delivery and shall be subject to verification of receipt by the VA facility. Upon the pickup of emptied contractor-provided cylinders, as noted on the delivery slip by the Contractor’s delivery driver, the rental charges shall cease as of that date for the returned cylinders.

7.5.2 The Contractor shall track the number of contractor-provided cylinders on hand at each facility and shall take note of the beginning balance for cylinders on hand at each facility at the beginning of each rental period. Each monthly rental period shall begin on the first day of the calendar month and shall end on the last day of the calendar month. The Contractor shall adjust the inventory counts for each type of cylinder based on each delivery and pickup throughout the rental period. Contractor shall take note of the ending balance at the end of each rental period and assess the monthly charges for that rental period based on that ending balance. Rental pricing shall be assessed using the LIN prices for monthly rental of cylinders.

7.5.3 The Contractor shall provide, within five (5) business days after the end of the rental period, a monthly summary for each delivery location (sub-accounts) to the individual facility COR(s) showing the following:

• Beginning balance for the rental period

• Cylinders delivered by date

• Cylinders picked up by date

• Ending balance for the rental period

7.5.4. The VA COR will verify the number based on the delivery slips for the rental period and will address any inconsistencies, errors, or omissions and seek to rectify them with the Contractor within five (5) business days of receipt of the monthly summary. The VA COR shall insure the accuracy of invoicing based on the verified number of rental charges reported on the VA COR verified monthly summary.

7.5.5. The VA and the Contractor shall perform an annual, on-site inventory of all contractor-provided cylinders to verify the accuracy of the end-of-month balance of rental cylinders on the most recent invoice (see Section 13). Each VA facility will coordinate the taking of this inventory with the Contractor. Contractor representative(s) shall participate on-site in the annual inventory audit with the designated VA personnel.

The VA is responsible for obtaining access to all pertinent areas for the purpose of counting existing contractor-provided cylinders at the specific VA facility.

• In the event that more tanks are found than indicated on the most recent end-of month inventory count, the inventory count shall be increased to that number and shall be the beginning balance for the next rental period.

• In the event fewer tanks are found than are indicated on the most recent end-of-month inventory count, the inventory count shall be decreased to that number and shall be the beginning balance for the next rental period. The Contractor shall invoice each individual

VA facility for the quantity and type of unaccounted cylinders

(LOU) noted in the annual inventory audit using the relevant

Schedule of Item’s LIN. Rental fees for the LOU shall be removed from the beginning balance for the next rental period once the cylinder type and count are agreed upon.

• Once the VA pays the LOU invoice for unaccounted cylinders, those cylinders become VA property. (see Section 8.3)

7.6. Outside of normal pickup/deliveries, no rental charges shall be applied to any cylinder five business days (Saturdays, Sundays, holidays excluded) after the ordering facility has notified the Contractor that said cylinders are ready to be picked up. The day the Contractor is notified is excluded from the five-day period. If the Contractor is verbally notified of empty cylinders, the ordering facility will document the notification by making a record of the date, time, and Contractor’s representative contacted.

8. TRANSITION / IMPLEMENTATION OF CONTRACTOR-PROVIDED MEDICAL GAS

CYLINDERS

8.1. The Contractor shall provide an orientation meeting and training for each of the eight (8) main VA facilities within 20 business days of contract award. This orientation meeting will cover information on delivery, orders, Contractor’s points of contact, etc.

8.2. In the event that the awardee of this contract is not the incumbent (outgoing)

Contractor, or that the medical gas cylinders and appurtenances furnished by the awardee are not the property of the incumbent (outgoing) Contractor, the incoming

Contractor shall work with the VA and incumbent Contractor during the phase-in transition period so it can be accomplished without disruption in supplies and services.

Beginning on the effective date of the contract, facilities will begin placing orders for the medical gases listed on this contract. As the outgoing Contractor’s cylinders are collected, they must be stored apart from the incoming Contractor’s cylinders so as not to encourage the pickup of returned cylinders by the incorrect Contractor.

8.3. Within 90 days after an annual audit or the end of the contract, if lost cylinders for which the Government has paid the Contractor the loss of use fee are found and the

Contractor is informed that they are ready to pick up, the Contractor shall credit the

Government the lost fee(s) on said tanks.

9. ORDERING PROCESSES

Ordering officers (OO) and contracting officers shall be authorized to place orders against this contract for the VA facilities located in VISN 12. The use of Ordering

Officers will be the main way of placing orders. Delivery Orders may be issued if needed.

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 Contracting Officer shall furnish the Contractor with the names of individuals delegated OO authority by separate letter upon issuance of the contract or agreement within 20 days of contract award. When COs appoint OOs after award, the CO will furnish the Contractor with an updated list of individual OOs authorized to place orders against the contract or agreement. OOs may not negotiate contract terms and conditions, modify any of the terms and conditions of the contract, determine price reasonableness, or determine best value. OOs are responsible for issuing and administering orders placed under the contract or agreement identified in the appointment letter. The CO must approve any changes in or deviations from the terms and conditions of the contract or agreement in writing prior to the OOs placing orders invoking those terms and conditions. The Contractor shall accept orders against the contract or agreement only from the CO or authorized OOs and fulfilling orders from persons other than the CO or OO may result in an unauthorized commitment.

9.3. In the event that orders are issued by electronic means (i.e., Email, Facsimile, Electronic Data Interchange (EDI)). CO and authorized OOs will utilize the Line Item

Number (LIN) structure outlined in the Schedule of Items identified in the awarded contract. OOs will place orders based on facility needs on any day of the monthly billing period. Contractor shall confirm receipt of order within two (2) hours of order placement and deliver the order according to the parameters set forth in section 10 of this SOW.

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:

• Date of Order

• Company Name (Contractor)

• Contract number

• VA Facility Name

• VA Facility Purchase Order (PO) number

• Contract Line Item Number (LIN)

• Item Description

• Manufacturer’s part number

• Quantity Ordered

• Unit Price

• Total Amount

• 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 to be backordered. Contractor 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): In the case where VA facilities submit orders through EDI, the Contractor shall generate EDI order confirmation to ordering facilities within two (2) 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:

• VA Facility Name

• VA Facility Purchase Order Number

• Federal Government Product Contractor Item Number(LIN)

• Manufacturer’s part number

• Item Description

• Unit of Purchase

• Quantity Ordered

• Quantity Confirmed and to be delivered

• Status of non-confirmed or backordered line item(s)/Quantities to include their estimated time of arrival

• Note for Pre-approved Product Substitution (yes/no)

• Line Item Unit of Purchase Price

• Line Item Price

• Total Cost of Order

• Identification of Cancelled Gases

9.6. In the event the Contractor is unable to provide the LIN ordered, they may propose a substitute. Prior to proceeding with the substitution, the Contractor shall contact the VA COR by telephone and give details of the proposed substitution. The substitution shall be in compliance with all federal, state, and local regulations, codes, and standards and shall not in any way cause detriment of care to VA patient(s). The

VA shall evaluate the clinical compliance of the proposed substitution and advise the

Contractor if it is acceptable or not acceptable. The VA facility shall contact the CO to request a modification to the contract if the CO determines a modification is necessary.

Contractor shall provide training on all substitute items at the request of the VA at no additional charge.

9.7. The VA shall, at its discretion, be able to place emergency orders to the contractor and may not be submitted using EDI. These orders are to be delivered within

24 hours after being placed, including after business hours on weekdays and on weekends as needed. Emergency order will be subject to the emergency delivery LIN on the Schedule of Items. Contractor must respond to the facility by either telephone or email within one (1) hour to confirm receipt of an emergency notification and obtain specific delivery details unique to said emergency to ensure their best response.

9.8. An authorized Ordering Officer may place orders that are emergency (next business day delivery) or routine. The Contractor must designate a central location for 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.

9.9. Confirmation: The Contractor must respond to the facility by electronic commerce other than EDI transmission within twenty-four (24) hours 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).

10. DELIVERY REQUIREMENTS

Medical gases are ordered by and delivered to the individual ordering facilities. The following information applies to all deliveries, regardless of the time or day of execution.

10.1. The Contractor is required to provide a legible signed and/or electronic delivery slip/ticket that has been signed and dated by the deliverer as well as countersigned by the VA facility representative supervising the delivery. Upon delivery, the delivery driver and facility POC will conduct a cylinder count of all cylinders being delivered and all cylinders being picked up. Both cylinder counts will be noted on the delivery slip/ticket 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.

10.1.1. The delivery slip/ticket for GFE must include:

• The number of cylinders at the Contractor’s facility prior to delivery

• The number of cylinders being delivered

• The number of cylinders being picked-up

• If one for one matching is not accurate, missing cylinder quantities will be identified and documented on the delivery slip of government-owned cylinders.

10.1.2. The delivery slip/ticket for contractor-provided cylinders must include:

• Contract Number, Facility PO Number or Delivery Order number

• Account number for the specific delivery location

• Date of Order

• Date of Delivery

• Item number(s) (LIN) and/or product identification number(s)

• Quantity of each gas and cylinder ordered

• Items ordered and not delivered

• The number and type of cylinders being delivered

• The number and type of cylinders being picked-up

10.2. Contractor shall provide access to the scanned copy of the delivery slip to the

COR through electronic means (e-mail or otherwise).

10.3. All orders shall be delivered to the according to the delivery parameters set for each location in Attachment: 2. D.2. It is the responsibility of the Contractor to ensure that each specific station receives their orders on the specified delivery dates.

10.4. Backorder Notification for any affected LIN shall be immediately provided to each facility COR or designated POC when back order is known. Contractor must also provide estimated lead time for the medical gas and provide details of the shortage in marketplace. Each week the back order is not filled, a status update must be provided to the COR or designated POC.

10.5. The Government retains the right to investigate any backorder to determine the cause of the backorder.

10.6. Cancellation of the backorder by the Contractor is considered a failure to perform and may be considered grounds for adverse action.

10.7. 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.

10.8. Non-emergency delivery of medical gases shall be completed between the hours of 8:00am – 4:00pm local time, Monday – Friday, excluding federal holidays. The

Contractor shall deliver medical gases within the time frame shown on Attachment D.2 -

Facility Locations.

10.9. The following holidays are observed by the Federal Government:

• 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

• Any day specifically declared by the President of the United States to be a national holiday.

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

10.10. Routine orders shall be accepted by the Contractor until 2:00 PM, local facility time, the day before the required delivery day shown on Attachment D.2 - Facility

Locations.

10.11. Prices listed on the Schedule of Items will be all-inclusive prices. 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, cylinder tracking fees, etc. 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 including weekends. Emergency status is determined by the Government. 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

The Contractor shall provide a written action plan and have protocols in place to 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. 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.

12. PRICE OF SERVICES FOR GOVERNMENT-OWNED/CONTRACTOR-PROVIDED

CYLINDERS

12.1. Services included in the Price of Gas (Both GFE and contractor-provided cylinders): The Contractor’s…