S02 - 36C24422Q0446 - Lebanon Oxygen.pdf

PDF 567 KB Posted Feb 16, 2022

Attached to: 36C24422Q0446 - Lebanon Oxygen
Solicitation number: 36C24422Q0446
Issued by: Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 4

View the file

On GovTribe

Work with this file

Download the original file
Contacts named in this file
Similar government files
Ask GovTribe AI about this file

Try for free Login

Text version

The file's text, extracted by GovTribe without its formatting.

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

595-22-2-040-0006

36C24422Q0446 02-16-2022

Edward Ferkel edward.ferkel@va.gov 570-332-2888 03-02-2022

11:00 EST

00244 Department of Veterans Affairs Network Contracting Office 4 Wilkes-Barre VA Medical Center 1111 East End BLVD Wilkes-Barre PA 18711

X 100

325120

1000 Employees

N/A

See Delivery Schedule

00244

Department of Veterans Affairs Network Contracting Office 4 Wilkes-Barre VA Medical Center 1111 East End BLVD Wilkes-Barre PA 18711

Austin Payment Center

PO Box 149971 Austin TX 78714-9971

(877) 353-9791 (512) 460-5429

See CONTINUATION Page

Liquid Oxygen Supply This is a base plus four option year requirement.

Please provide information in accordance with the Statement of Work Terms and Conditions.

All quotes must include: Delivery Lead Time and be prepared to fill out data values when requested.

Quotes must be submitted by email no later than Wednesday March 2, 2022 by 11:00 Am Eastern Standard Time to edward.ferkel@va.gov

All questions must be by email.

$0.00 See CONTINUATION Page

595-3620160-040-820100 2341 010022432

X 1

Andrea Aultman-Smith Contracting Officer

36C24422Q0446

Table of Contents

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

AND COMMERCIAL SERVICES

SECTION B – CONTRACT INFORMATION

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

B.4 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

C.1 ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

C.3 52.216-18 ORDERING (AUG 2020)

C.4 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.5 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.6 52.217-7 OPTION FOR INCREASED QUANTITY—SEPARATELY PRICED LINE

ITEM (MAR 1989)

C.7 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...29

C.8 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.9 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.10 VAAR 852.219-78 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (SEP 2021)

(DEVIATION)

C.11 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

C.12 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

SECTION E - SOLICITATION PROVISIONS

E.1 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.4 52.216-1 TYPE OF CONTRACT (APR 1984)

E.5 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.6 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.7 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

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

SECTION B – CONTRACT INFORMATION

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR: Please provide vendor information in this section, include name, DUNS# and contact information.

b. GOVERNMENT: Contracting Officer 36C244 – Ed Ferkel – Edward.ferkel@va.gov

Network Contracting Office 4

Wilkes-Barre VA Medical Center

1111 East End BLVD

Wilkes-Barre PA 18711

2. CONTRACTOR 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

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] UPON RECEIPT AND ACCEPTANCE OF PRODUCTS

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.

Austin Payment Center

Department of Veterans Affairs

PO Box 149971

Austin TX 78714-9971

5. ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

12.00 MO __________________ __________________

LIQUID STATIONARY TANKS (40 LITERS OR LARGER) - 9 EACH

PER MONTH

Contract Period: Base POP Begin: 04-01-2022 POP End: 03-31-2023 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6830 - Gases: Compressed and Liquefied

LIQUID OXYGEN - 5,200 LBS. PER MONTH

Contract Period: Base POP Begin: 04-01-2022 POP End: 03-31-2023 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

LIQUID PORTABLE UNITS - 100 EACH PER MONTH

Contract Period: Base POP Begin: 04-01-2022 POP End: 03-31-2023 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

40 LITER PURITAN BENNETT (HELIOS) - 1 EACH PER MONTH

Contract Period: Base POP Begin: 04-01-2022 POP End: 03-31-2023 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

TWO - THREE DELIVERIES PER WEEK

Contract Period: Base POP Begin: 04-01-2022 POP End: 03-31-2023 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

LIQUID STATIONARY TANKS (40 LITERS OR LARGER) - 9 EACH

PER MONTH

Contract Period: Option 1 POP Begin: 04-01-2023 POP End: 03-31-2024 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

PER MONTH

Contract Period: Option 2 POP Begin: 04-01-2024 POP End: 03-31-2025 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

PER MONTH

Contract Period: Option 3 POP Begin: 04-01-2025 POP End: 03-31-2026 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Contract Period: Option 3 POP Begin: 04-01-2025 POP End: 03-31-2026

PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Contract Period: Option 3 POP Begin: 04-01-2025 POP End: 03-31-2026 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

PER MONTH

Contract Period: Option 4 POP Begin: 04-01-2026 POP End: 03-31-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Contract Period: Option 4

POP Begin: 04-01-2026 POP End: 03-31-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Contract Period: Option 4 POP Begin: 04-01-2026 POP End: 03-31-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

GRAND TOTAL __________________

B.3 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY DELIVERY DATE

0001 SHIP TO: Lebanon VA Medical Center 1700 South Lincoln Ave.

Lebanon, PA 17042

USA

12.00 04/01/2022-03/31/2023

MARK

FOR:

Melissa Boustany 717-272-6621 X5600 melissa.boustany@va.gov

0002 SHIP TO: Lebanon VA Medical Center 1700 South Lincoln Ave.

FOR:

Melissa Boustany

0003 SHIP TO: Lebanon VA Medical Center

FOR:

Melissa Boustany

0004 SHIP TO: Lebanon VA Medical Center

FOR:

Melissa Boustany

0005 SHIP TO: Lebanon VA Medical Center

FOR:

Melissa Boustany

1001 SHIP TO: Lebanon VA Medical Center

12.00 04/01/2023-03/31/2024

FOR:

Melissa Boustany

1002 SHIP TO: Lebanon VA Medical Center

FOR:

Melissa Boustany

1003 SHIP TO: Lebanon VA Medical Center

FOR:

Melissa Boustany

1004 SHIP TO: Lebanon VA Medical Center

FOR:

Melissa Boustany

1005 SHIP TO: Lebanon VA Medical Center

FOR:

Melissa Boustany

2001 SHIP TO: Lebanon VA Medical Center

12.00 04/01/2024-03/31/2025

FOR:

Melissa Boustany

2002 SHIP TO: Lebanon VA Medical Center

FOR:

Melissa Boustany

2003 SHIP TO: Lebanon VA Medical Center

FOR:

Melissa Boustany

2004 SHIP TO: Lebanon VA Medical Center

FOR:

Melissa Boustany

2005 SHIP TO: Lebanon VA Medical Center

FOR:

Melissa Boustany

3001 SHIP TO: Lebanon VA Medical Center

12.00 04/01/2025-03/31/2026

FOR:

Melissa Boustany

3002 SHIP TO: Lebanon VA Medical Center

FOR:

Melissa Boustany

3003 SHIP TO: Lebanon VA Medical Center 1700 South Lincoln Ave.

FOR:

Melissa Boustany

3004 SHIP TO: Lebanon VA Medical Center

FOR:

Melissa Boustany

3005 SHIP TO: Lebanon VA Medical Center

FOR:

Melissa Boustany

4001 SHIP TO: Lebanon VA Medical Center

12.00 04/01/2026-03/31/2027

FOR:

Melissa Boustany

4002 SHIP TO: Lebanon VA Medical Center

FOR:

Melissa Boustany

4003 SHIP TO: Lebanon VA Medical Center

MARK

FOR:

Melissa Boustany

4004 SHIP TO: Lebanon VA Medical Center

FOR:

Melissa Boustany

4005 SHIP TO: Lebanon VA Medical Center

FOR:

Melissa Boustany

B.4 STATEMENT OF WORK

1. GENERAL

1.a. The Lebanon VA Medical Center is seeking a contractor to provide an on-station medical gas fill site (Contractor-provided 40 liter or 48 liter liquid stationary tanks located in Building 1). These stationary units must accommodate approximately 4,000 to 8,000 pounds of usage per month, depending on need of hospital. The VA intends to utilize approximately over 100 Contractor provided liquid portable canisters, 10 need to be high flow tanks, to be placed in two (2) or more buildings at the VA Medical Center, Lebanon, PA, 17042. Services included in the price of Medical gas: The bidder’s price for the medical gas shall include the furnishing, at no additional cost, all services which are required at each and every filling of a cylinder to comply with the applicable regulations, specifications, and normal good practices. Such services shall include but are not limited to: Tags or gauges (identifying cylinders as “full” or “in use”), inspection, testing, and evacuation.

Current breakdown for liquid oxygen stationary tanks is as follows:

Building 1 room 15:

Nine (9) 40 to 48-liter Penox (Pin index) tanks

One (1) 40 to 48-liter Puritan Bennet tanks

All equipment provided must be compatible with the equipment used in our home oxygen system. The current system is Penox, Puritan Bennet or comparable. All medical gas shall be clearly labeled with the contents of the cylinder. All contractor-furnished equipment must be visibly marked with its own serial number for tracking purposes. The VA and vendor share responsibility in tracking all liquid portable units.

1.b. The usage shown in the solicitation schedule is an estimate for the facility’s annual requirements. There is no express or implied guarantee that the usage will be purchased. The base contract period for contract awarded under this solicitation will be date of award, through April 1, 2023. Unless otherwise directed by the using activity, contractor owned equipment shall be provided by the first day of the contract period and shall be filled and ready for use on that date, provided that the contractor is allowed a minimum of thirty (30) days after receipt of notice of award to begin performance. If Contractor’s equipment replaces equipment already in use, the exchange of equipment shall be accomplished without interruption of medical gas supply to the using activity.

Contract awarded under the solicitation will include four (4) one-year option periods which may be exercised by the Government if required.

1.c. A Contracting Officer Representative (COR) will be designated after award. The COR is responsible for contract administration issues such as ordering and providing specific delivery instructions. A letter of delegation that outlines the COR’s specific responsibilities will be provided to the contractor and COR at the time of contract award. Within 15 days after contract award, the contractor shall contact the COR to finalize the ordering method and clarify the specific details of any delivery instructions that are included in the solicitation schedule. If agreement cannot be reached between the contractor and COR regarding any issue, the matter shall be referred to the Contracting Officer for resolution.

1.d. Prior to first filling, contractor must perform in-service training if required to include the following facets for contractor owned and government owned systems: the refill procedure, any preventive maintenance support requirements that may be needed from the medical center systems, and an explanation of precautionary and emergency measures as well as low pressure set points if required. The Contractor will perform a visual inspection of valves and regulators for periodic maintenance and repair on contractor and government owned cylinders. A visual inspection should be performed before each usage to detect any damage, cracks, corrosion, or other defects. Due to long term maintenance or replacement periods vary with the types of gases used, the length of use and conditions of usage, recommended valve and regulator maintenance schedules will be conducted in accordance with OSHA and NFPA 99.

1.e. The contractor will provide written procedures and training for VA staff for protocols to accomplish emergency shutdowns or other sudden, unplanned termination of the on-site refilling process. Contractor will provide 24/7 emergency contact name(s) and telephone number(s).

1.f. Any code deficiencies in the Medical Center’s existing system must be identified by the contractor if required. A detailed explanation of these deficiencies must be presented in writing to the COR. Receipt of this written explanation must be signed for by the COR.

1.g. Prior to first filling, and annually thereafter, the contractor must verify, in writing, the accuracy of all gauges on contractor owned tanks. If the gauge(s) are government owned, contractor will provide verification that pressure gauges on regulators are correct for the pressure of the gas cylinder used.

2. Government-Furnished Property

2.a. The Lebanon VA Medical Center and VA Community Clinic’s (VACC) may require contractor owned equipment and will provide a suitable location for the contractor owned tank(s). The VA owns, and requires medical gas for the following:

Approximately 1- 40 to 48-liter Stationary Tanks (Penox, Pin Index) Approximately 9- 40 Liter Stationary Tanks (Puritan Bennett) Approximately 100 Helios Liquid Portable Units, 10 need to be high flow tanks.

2.b. Individual Agency Ownership of Cylinders: Government owned cylinders shall remain the property of the individual ordering (owning) agency and shall not be exchanged for other cylinders, either government-owned or contractor-owned, without authorization of the Contracting Officer Technical Representative (COR) at the ordering agency.

3. Contractor-Furnished Equipment

3.a. The contractor shall provide and maintain over 100 Helios liquid portable canisters, and liquid stationary tanks. Through the duration of the contract, the contractor shall be liable for the integrity, suitability, and safety of contractor owned tank(s) that will insure compliance with applicable regulations, standards, and normal good practices. The tank capacities shown in the schedule are minimum capacities required by the using facilities. The manifold or liquid converter shall deliver gas at a pressure and rate of flow adequate to supply the system. Each container shall have an outlet that allows access for testing the purity of the medical gas.

3.b. All equipment and materials required to perform on the contract (other than what is specifically listed in section 3, Government-Furnished Property) shall be provided by the contractor. Contractor owned equipment shall be installed, inspected, and maintained by the contractor without additional cost to the Government. (i.e., all installation, inspection and maintenance costs shall be included in the contract’s monthly equipment rental fee for the applicable facility.) Contractor owned equipment shall be kept in good operating condition and appearance, in accordance with applicable regulations, standards and normal good practices. The contractor shall be provided reasonable access to the tanks for this purpose.

3.c. Contractor provided equipment shall remain the property of the contractor and shall be removed upon termination of the contract, when directed by the ordering activity.

Contractor provided equipment shall be maintained by the contractor and shall be removed by the contractor when directed by the ordering activity and shall remain in full cooperation with the succeeding contractor to avoid interruption of medical gas supply.

4. Provision of Contractor-Owned Equipment

4.a. Unless otherwise directed by the using activity, contractor owned equipment shall be installed/delivered and ready for use by the first day of the contract period provided that the contractor shall be allowed notice of time to complete the installation. If Contractor’s equipment replaces equipment already in use, the exchange of equipment shall be accomplished without interruption of gas supply to the using activity. Contractor installed equipment shall remain the property of the contractor and shall be removed upon termination of the contract, when directed by the ordering activity. Contractor installed equipment shall be maintained by the contractor and removed by the contractor when directed by the ordering activity and in full cooperation with the succeeding contractor to avoid interruption of gas supply.

4.b. To permit orderly transition from one contractor to another, the contractor shall continue to honor the contract’s monthly equipment rental fee and gases/oxygen contract price for a maximum of ninety days beyond the scheduled expiration of the contract period, unless transition from one contractor to another is completed prior to the ninety-day transition period. For any partial month, the contractor shall prorate the monthly equipment rental fee accordingly. The contractor shall continue to provide and maintain its equipment during this transition period.

4.c. No guarantee is given or implied that data included in the schedule regarding contractor owned equipment currently located at the facilities is complete and accurate as to the factors affecting the cost of furnishing and installing required contractor owned tanks and appurtenances.

4.d. All contractors owned equipment shall be installed in accordance with OSHA, NFPA 99 Standard for Health Care Facilities, 2012 Edition, and FDA’s Safe Device Act Regulations. The contractor shall comply with all OSHA standards and applicable safety requirements, including proper signage and use of personal protective equipment.

5. Deliveries

5.a. Deliveries are to be made on Monday and Thursday. If a federal holiday lands on a Monday or Thursday, delivery should be made the following day. The Government retains the right to increase the deliveries to three days per week if necessary.

These deliveries are to be made on Monday, Wednesday, and Friday. If a federal holiday lands on a Monday, Wednesday or Friday, delivery should be made the following day.

All delivery tickets will be signed by the Oxygen Technicians or Respiratory Staff and then forwarded to the COR for processing. Off-schedule, (Not regularly scheduled Monday and Thursday or Monday, Wednesday, and Friday) emergency deliveries will be made by the contractor in accordance with paragraph 5d below. If for any reason the contractor is unable to deliver at the agreed upon day or time, the contractor will provide 24-hour notice to the COR, so that the facility can initiate an alternate backup action. In accordance with VHA Patient Safety Alert dated April 5, 2012, all deliveries must be monitored by a qualified and trained technical representative that will be designated by each facility. Contractor will be provided with names and contact information of primary and back-up facility representatives. This applies to all deliveries regardless of time or day of execution.

5.b. Tanks(s) will be filled to maximum functional capacity at each refilling procedure unless otherwise specified in the facility requirements or as agreed upon in a written document signed and dated by the COR.

5.c. At the time of each delivery, contractor must provide a legible signed and dated written document that identifies the tank level prior to fill, the level after fill, and the quantity delivered. This document must be counter-signed by the facility representative supervising the delivery.

5.d. Emergency delivery will be provided within 24 hours after receipt of Government notification. Contractor must respond to the facility by either telephone or email within one hour to confirm receipt of emergency notification to ascertain the nature of the emergency. Emergency status is determined by the Government when conditions warrant, such as an actuated main bulk tank low level alarm (not part of this contract), imminent alarm condition, or system leak. Failure of the contractor to remain current with agreed delivery schedule and requirements does not constitute an “emergency” for purposes of charging an emergency delivery fee.

6. Quality Assurance Specifications and Requirements

6.a. All medical gas manufacturers and fillers of medical gases must be registered with FDA as drug manufacturers. All gases/ 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).

6.b. All gases/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 (U.S.P.).

6.c. A valid certificate of analysis shall be provided with each delivery of gases/oxygen.

The certificate shall include, at a minimum if required:

• Supplier’s name and complete address

• Name of the Product (i.e., Oxygen U.S.P.)

• An Air Liquefaction Statement where appropriate

• Lot number or other unique identification number

• Actual analytical results for full U.S.P. monograph testing. (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. (A statement such as “Meets U.S.P.

specifications” is not acceptable; nor would “Tested via Servomex” be acceptable since the specific model number is not provided.)

• Signature of authorized supplier representative and date.

6.d. Material Safety Data Sheets shall be provided to the facility COR at first fill and upon request.

6.e. A copy of all inspection reports shall be provided to the facility COR upon the completion of any contractor owned or government owned gases/oxygen system inspections that are required by regulation.

7. Applicable Regulations & Standards

7.a. Additional Laws and Regulations: Cylinders and other containers for gaseous and liquid forms of gasses 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.

7.b. 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, equipment, 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.

49 CFR – Transportation

Federal Food, Drug, and Cosmetic Act

NFPA 55: Compressed Gases and Cryogenic Fluids Code

NFPA 99: Standard for Health Care Facilities, 2012 Edition

U.S.P. 23

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

7.c. 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 measurement of gases from one form to another. For example, the following conversion factor shall apply for conversion from gallons to 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.

8. Contractor Owned Cylinders

8.a. Laws and Regulations: Cylinders and other containers for gaseous and liquid forms of gases shall comply with the Department of Transportation specifications and shall be maintained, filled, marked, labeled, and shipped to comply with current and subsequent updates to 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.

8.b. Marking: In addition to marking required by the aforementioned laws and regulations, marking shall comply with American National Standards Z48.1-1954 (R 1971), "Method of Marking Portable Compressed Gas Containers to Identify the Material Contained."

8.c. All unauthorized or inapplicable markings, tags, and labels shall be removed. When shipment is by commercial carrier, shipping tags complying with Federal Standard 123F dated 5/15/91 shall be attached to each cylinder to be protected by the valve protection cap. The contract data markings required by the applicable standard shall be applied to one side of the tag and the identification markings on the reverse side. Consignee markings may be omitted when shipment is by contractor's truck.

8.d. Agencies may order gases under stock numbers differing from those in the List under Section B; containers shall be marked with the number used on the purchase order.

8.e. Valves: Valves shall comply with Compressed Gas Associates Standard CGA-V-1 (11th Edition, 2021), "Standard for Compressed Gas Cylinder Valve Outlet and Inlet Connections." Valve protection caps for cylinders designed to receive such caps shall be securely attached to the cylinders in a manner to protect the valves from injury during transit and delivery to the purchaser's receiving area. Refer to 49 CFR 173.301(g)).

8.f. Color Coding: All cylinders shall be color coded in accordance with the Compressed Gas Association Pamphlet CGA C-9-1988, “Standard Color Marking of Compressed Gas Containers Intended for Medical Use.” Anesthesia gases: Cylinder for use on anesthesia machines shall be color coded in accordance with US Department of Commerce, “Simplified Practice Recommendations R175-14 of the Bureau of Standards” will be acceptable on Contractor owned cylinders.

8.g. The contractor shall be responsible for all testing required by regulation of contractor owned cylinders at no additional cost to the Government.

8.h. Transportation: Transportation of empty cylinders will be made at the expense of the contractor. Pickup will be made within five (5) days after notification by the Government.

8.i. All products, equipment, and services provided under the contract awarded under this solicitation shall be in compliance with all applicable Federal, state, and local regulations.

8.j. The bidder's price shall include the furnishing of, at no additional cost, all services which are required at each and every filling of a cylinder to comply with applicable regulations, specifications, and normal good practices. Such services are of the type normally provided in the supply of medical cylinder gases, and shall include, but not be limited to: tags indicating cylinder is "Full," In Use," or "Empty"; inspection, testing, evaluation, and cleaning services required at each and every filling; pin-indexing safety system, and attachment of Government-furnished warning tags, when required.

Attaching of oxygen cylinders to manifold systems, when required, shall also be performed by the contractor at no additional cost. In addition to services listed in this paragraph, the contractor is responsible for all maintenance and testing of contractor-owned cylinders. Cylinder condition must be at or above good condition. All cylinders must be painted with no loose chips, where contact with other cylinders will cause paint flakes to fall off. Cylinder must be clean of any debris (i.e., Dirt or Mud) to include bottom. Identification of Distributor must be visible on all cylinders.

9. Term of Contract

The contract is effective from date of award through March 31, 2023 plus four (4) additional one-year option periods ending March 31, 2027. Service/Supplies shall not be performed by the Contractor after March 31 of any year until the Contracting Officer authorizes such services by exercise of option year(s).

Performance Period: The Government is requesting one base period of one year and four option periods of one year.

Base Period: Date of Award thru 31 March 2023 Option Period 1: 1 April 2023 thru 31 March 2024 Option Period 2: 1 April 2024 thru 31 March 2025 Option Period 3: 1 April 2025 thru 31 March 2026 Option Period 4: 1 April 2026 thru 31 March 2027

10. Payment

10.a. The VAMC agrees to reimburse the Contractor for resources furnished at the price listed in the schedule of contract. The Contractor will be paid monthly, upon receipt of invoice. The invoice shall contain at a minimum: The Contractor’s name, address, items, price, and Purchase order number.

10.b. INVOICING PROCEDURES: The method of payment is certified invoice.

10.c. The Contractor shall submit all invoices to the following address:

Financial Service Center PO Box 149971 Austin, Texas 78714-8971

11. Administration

The contractor shall contact the Contracting Officer on all matters pertaining to the administration of this contract. Only the Contracting Officer is authorized to make changes that will affect the price, quantity, quality, or delivery terms of this contract.

12. Use of Cell Phones

12.a. A sign posted in every entryway and lobby will state the following, “Cell phone usage is permitted except for posted areas.”

12.b. Use of cell phones and personal electronics is not allowed within six feet of any active medical device for any reason, even if signs are not posted.

13. Method of Award

The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government. Price will be the only evaluated factor. Options: The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). Award may be made without discussions.

14. Deliveries will be made to:

Lebanon VA Medical Center 1700 S. Lincoln Ave Lebanon PA 17042 Building 1 Room 15

15. Delivery Commitment

• Time of delivery specified or mutually agreed to at the time of receipt of telephone order shall become mandatory upon the Contractor. Failure to perform in accordance with the delivery commitment may be grounds for termination of contract in accordance with the provisions for default.

• PERSON’S AUTHORIZED TO PLACE ORDERS: In addition to the Contracting

Officer’s Technical Representative (COR), VA may submit names of authorized government personnel to request requirement to fill cylinders after award. Only these named personnel have the authority to request requirement of medical gases.

• The services/supplies specified herein may be changed by written modification when contract is awarded. The modification will only be prepared by the VA Contracting Officer prior to becoming effective and approved.

16. SPECIAL CONTRACT REQUIREMENTS: Qualification of Offerors: The offeror shall be licensed by the city in which they are located.

17. Acronyms

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 DOD – Department of Defense DOT – Department of Transportation FDA – U.S. Food & Drug Administration GO – Government owned IHS – Indian Health Service NFPA – National Fire Protection Association OGA – Other Government Agency (Other than VA) OSHA – U.S. Department of Labor, Occupational Safety and Health Administration USP – United States Pharmacopeia VA – Department of Veterans Affairs

18. VHA SUPPLEMENTAL CONTRACT REQUIREMENTS FOR COMBATTING COVID-19

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

a. Documentation requirements:

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

i. 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, contractors 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 that includes an affiliated telehealth service.

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.

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. Check regularly for updates.

https://www.va.gov/covid19screen/

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.

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

4. For indefinite delivery contracts: Contractor agrees to comply with VHA

Supplemental Contract Requirements for any task or delivery orders issued prior to this modification when performance has already commenced.

https://www.va.gov/covid19screen/

SECTION C - CONTRACT CLAUSES

C.1 ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

FAR

Number

Title Date

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

JUN 2020

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON

POSTCONSUMER FIBER CONTENT PAPER

MAY 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE

AND REPRESENTATION

JUN 2020

52.232-18 AVAILABILITY OF FUNDS APR 1984

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

NOV 2021

852.246-71 REJECTED GOODS OCT 2018

(End of Clause)

C.3 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 03/01/2023 through 02/28/2027.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of Clause)

C.4 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 100.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of 100,000;

(2) Any order for a combination of items in excess of 250,000; or

(3) A series of orders from the same ordering office within 7 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 1 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.5 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after 03/31/2027.

(End of Clause)

C.6 52.217-7 OPTION FOR INCREASED QUANTITY—SEPARATELY PRICED

LINE ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 7 days. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of Clause)

C.7 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR

2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 10 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 15 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause)

C.8 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.]

[] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[X] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set- Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[X] 852.233–70, Protest Content/Alternative Dispute Resolution.

[X] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[X] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[X] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause)

C.9 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—

MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes VAAR 852.219-10 VA Notice of Total Service-Disabled Veteran- Owned Small Business Set-Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records…

This is the start of the file's text. The full file is on GovTribe.

File details come from the government source that posted it. Updated Feb 16, 2022.