S02 36C26326Q0197.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) TIERED EVALUATION

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. UEI: EFT:

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

10/01/2026 36C26326Q0197 07-23-2026

Emanuel Nevarez 320-255-6354 08-22-2026

13:00 CDT

36C263

DEPARTMENT OF VETERANS AFFAIRS

NETWORK CONTRACTING OFFICE 23

4801 VETERANS DRIVE

SAINT CLOUD MN 56303

X 100

X

325120

1200 Employees

N/A

X

36C499

DEPARTMENT OF VETERANS AFFAIRS

VETERANS INTEGRATED SERVICE NETWORK 23

Multiple Locations See Attachment A

36C263

DEPARTMENT OF VETERANS AFFAIRS

NETWORK CONTRACTING OFFICE 23

4801 VETERANS DRIVE

SAINT CLOUD MN 56303

36C499

DEPARTMENT OF VETERANS AFFAIRS

Tungsten Electronic Invoicing VA Tungsten Number: AAA544240062 va.registration@tungsten-network.com Refer to VAAR Clause 852.232-72

1-877-489-6135

See CONTINUATION Page

Request for Quote Medical Gases IDIQ to support the Veterans Integrated Service Network 23.

Period of Performance:

Ordering Period 1: 10/01/2026 - 09/30/2027 Ordering Period 2: 10/01/2027 - 09/30/2028 Ordering Period 3: 10/01/2028 - 09/30/2029 Ordering Period 4: 10/01/2029 - 09/30/2030 Ordering Period 5: 10/01/2030 - 09/30/2031

Offerors shall be registered and active at System for award Management (SAM) at time of offer.

All questions must be in writing and emailed to emanuel.nevarez@va.gov. All questions must be received no later than 11:00AM CST 08/03/2026.

See CONTINUATION Page

X X

X (1)

Steve Ashby

VA-VHA-RPOC-2025-0045

X

36C26326Q0197

Table of Contents

SECTION A

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 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

C.2 52.216-18 ORDERING (AUG 2020)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.4 52.216-22 INDEFINITE QUANTITY (NOV 2025) (DEVIATION)

C.5 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

C.6 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.7 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (NOV

2025) (DEVIATION)

C.8 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL

LABOR RELATIONS ACT (NOV 2025) (DEVIATION)

C.9 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS

(DEVIATION APR 2026)

C.10 52.223-23 SUSTAINABLE PRODUCTS (NOV 2025) (DEVIATION)

C.11 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.12 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

C.13 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

C.14 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (JAN 2023)

(DEVIATION)

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

C.16 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

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

C.18 MANDATORY WRITTEN DISCLOSURES

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.2 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

E.3 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL

ITEMS

E.4 52.212-2 EVALUATION —COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.5 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)

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

E.7 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS

AND CERTIFICATIONS (NOV 2025) (DEVIATION)

E.8 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.9 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

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 36C263

DEPARTMENT OF VETERANS AFFAIRS

NETWORK CONTRACTING OFFICE 23

4801 VETERANS DRIVE

SAINT CLOUD MN 56303

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 Delivery and Acceptance / Invoice

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.

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

AMENDMENT NO DATE

B.2 STATEMENT OF WORK

Medical Gases and Gas Cylinders

1. SCOPE:

1.1. The purpose of this requirement is to establish a 5 Year IDIQ Contract for Medical Cylinder Gases utilized at the VA medical facilities throughout Veterans Integrated Service Network (VISN) 23. Specific locations are outlined in Attachment A, Facility Locations. The gases to be purchased include, but are not limited to, Compressed Medical Air USP, Oxygen USP, Carbon Dioxide USP, Nitrogen NF, Nitrous Oxide USP, Helium USP, and other specialty medical gas mixtures. A full list of current known medical gas needs is outlined in Attachment C, Schedule of Items.

1.1.1. The Government may request additional medical gasses or specialty mixtures at any time during the contract period of performance. All contract terms and conditions shall remain the same and agreed upon rates for additional medical gasses will be documented through a bilateral modification to the contract.

1.2. The contractor must comply with the delivery frequencies specified per delivery location as outlined in Attachment A. The Contractor shall have a facility and/or resources physically located in the geographic areas in which they will provide supplies.

1.3. The contract items and quantities shown in Attachment B are estimates of each annual requirements. There is no express or implied guarantee that these quantities will be purchased.

1.4. The Government is anticipating awarding a fixed price indefinite delivery indefinite quantity (IDIQ) contract for five years. (5 Ordering Periods)

1.5. The contractor will be provided with the name and contact information of the contracting officer representative (COR) within 20 days after award of the contract. The COR will provide the contractor with the names and contact information of the designated points of contact (POC) for each ordering activity.

1.5.1. The COR is responsible for the contractor’s adherence to the contract terms and conditions and is the primary liaison between the contracting officer (CO) and the contractor and ordering activity POCs. If an issue cannot be resolved between the COR and contractor, the matter shall be referred to the CO for resolution.

1.5.2. The ordering activity POCs are responsible for determining specific ordering details for their location’s medical gas requirements such as, but not limited to: ordering method, ordering quantities, types of gas, and delivery instructions. If an issue cannot be resolved between the ordering activity POC and the contractor, the matter shall be referred to the COR and CO for resolution.

2. GOVERNMENT-OWNED PROPERTY:

2.1. Government-owned cylinders and appurtenances that do not comply with applicable Federal, state, and local regulations or are not in acceptable use for healthcare environments shall not be filled. The contractor shall immediately provide the ordering (owning) activity and COR written documentation with adequate justification to support the contractor’s finding(s) and removal from service.

2.1.1. If the cylinder and/or appurtenance is repairable, the ordering (owning) activity may request the contractor to furnish repairs. The contractor will provide the ordering (owning) activity with a quote for supplies and services that is deemed fair and reasonable to standard market pricing.

2.1.2. A separate contract line item number (LIN) will be available on this contract for the Government to add funds specifically for payment of Government-owned cylinder and/or appurtenance repairs.

2.1.3. For repairable Government-owned cylinders and appurtenances, the Government reserves the right to acquire repair services from a third-party vendor or dispose of the item(s) in accordance with paragraph 7.

2.2. Government-owned cylinders damaged while in the contractor’s possession shall be repaired by the contractor at no cost to the Government. If the Government-owned cylinder is damaged beyond repair or lost while in the contractor’s possession, the contractor shall replace the lost or non-repairable cylinder with a cylinder that is in equal-to or better condition than the cylinder that was non-repairable or lost. The replacement cylinder will then become the property of the Government.

2.2.1. The Government-owned cylinder is considered lost if the contractor cannot locate and return the cylinder within thirty (30) days from the date the ordering (owning) activity reports the missing cylinder.

2.2.2. If a lost Government-owned cylinder is located by the contractor after the time allotted in paragraph 2.2.1 and the contractor has replaced the lost cylinder as stated in paragraph 2.2, the cylinder located by the contractor will become the property of the contractor.

2.3. 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 from the ordering activity.

2.4. 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.

2.5. The contractor shall fill each cylinder to the maximum functional capacity during each refilling procedure unless otherwise specified in the facility requirements. Each Government-owned medical gas cylinders and appurtenances shall be returned one for one to match the pick-up number.

3. CONTRACTOR/SUB-CONTRACTOR-OWNED PROPERTY:

3.1. All contractor-owned equipment, products and materials shall be installed, inspected, maintained and repaired by the contractor repaired in accordance with FDA’s CGMP Regulations and shall be kept in good operating condition, clean, and rust free. Any costs related to this shall be included in the monthly rental fee.

3.2. The Contractor shall provide and maintain cylinders/tanks. For the duration of the contract, the Contractor is liable for the integrity, suitability, safety, maintenance, inspections, and comprehensive cylinder tracking solution of contractor-provided cylinder(s). The Contractor shall ensure all cylinders comply with applicable regulations and standards.

3.2.1. At a minimum the Cylinder Tracking Solution must include Serialized Bar Codes (affixed to the cylinder being delivered) for all cylinders. The Bar Code Serial Number shall be printed on the delivery receipt. The Bar Code Serial Number shall also be printed on the receipt for returned Cylinders. The corresponding Bar Code Serial Numbers, both delivered and returned, shall be identified on the invoice of the date delivered and the date returned.

3.2.2. The Contractor/Subcontractor shall establish and provide access to the on-line cylinder inventories through a 24 hour/7 days a week on-line application to validate on hand cylinder types, sizes, and quantities within 10 calendar day of award. The Contractor/Sub-Contractor shall provide through e-mail and access to the on-line, customer-facing, web application, within ten (10) 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, Cylinder Delivered by Date, Cylinders picked up by date, and Ending balance for the rental period. Cylinders shall be identified at a minimum by Bar Code Serial Number.

3.3. Stations have a right to refuse cylinders that do not comply with applicable Federal, state and local regulations or are not in acceptable use for healthcare environments. The ordering activity shall provide the contractor legible written documentation to include, at a minimum: date, ordering activity name and location, cylinder unique identifier (i.e.

serial number), justification for cylinder refusal, printed and signed name of the responsible ordering activity POC. Including pictures or photos of the rejected cylinder with the written documentation, while not mandatory, are preferred.

3.3.1. If the contractor accepts the ordering activity’s cylinder refusal, the contractor shall date, print and sign their name on the documentation that was provided by the ordering activity and replace the rejected cylinder within twenty-four (24) hours at no additional cost to the Government. A copy of the signed documentation is to be sent to the contractor and COR. The original documentation shall be stored electronically or hardcopy at the ordering activity’s location.

3.3.2. If the contractor disagrees with the ordering activity’s cylinder refusal justification, the contractor shall provide a legible written rebuttal to the ordering activity within twenty-four (24) hours. The contractor shall date, print and sign their name and submit their rebuttal to the CO, with copies being sent to the ordering activity and COR, for resolution.

3.4. Replacement of contractor-owned equipment already in-use by the ordering activity shall be exchanged in a manner that will not interrupt gas supply or ordering activity operations.

3.4.1. Any concerns with interrupting gas supply or operations shall be discussed with the ordering activity prior to equipment exchange. If an agreement cannot be made between the contractor and ordering activity, the matter will be referred to the CO for resolution.

3.5. Contractor-installed equipment on the property of the ordering activity shall remain the property until expiration or termination of the contract or when directed by the ordering activity, COR or CO.

3.5.1. Upon contract expiration or termination, the contractor shall remove the equipment in full cooperation with the succeeding contractor to avoid any interruption of gas supply or ordering activity operations.

3.6. Each ordering activity that requires installation of contractor-owned equipment shall provide a suitable location and foundation for the contractor-owned cylinder(s) in accordance with Current Good Manufacturing Practices (CGMP) standards.

3.7. Each ordering activity shall provide access to an electrical power source and hook-up to a facility-maintained alarm system. The Contractor shall perform the hook-up of contractor-owned equipment to the facility-maintained medical gas manifolds at no additional cost to the Government.

3.8. Rental fees shall apply to contractor-owned cylinders in the possession of the ordering activity. The contractor shall submit invoices in sequential monthly cycles with the same start and end days of each month throughout the contract’s period of performance. For example, if the billing period start date is the 26th then the monthly rental cycles shall be from the 26th day of the month through the 25th day of the following month. The monthly rental start date shall coincide with completed phase-in as described in paragraph 4.1.

3.8.1. For partial month rentals, the contractor shall use the following formula to prorate the rental fee:

a) (Number of days from start of monthly rental cycle ÷ 30 days) × monthly rental fee = prorated fee billed to Government

i. Example: (10 days ÷ 30 days) x $1000 = $333.33

3.9. Ordering activities returning empty contractor-owned cylinders by common carrier shall notify the contractor in writing of the quantity and size of cylinders, the date they were turned over to the carrier and any tracking information given by the carrier. Rental charges for those returned cylinders shall be discontinued following the date the cylinders were turned over to the carrier. Cylinders delivered and returned in the same Calendar Month shall not accrue a rental fee.

3.10. Lost or Damaged Contractor-Owned Cylinders: The contractor’s proposal shall include the cylinder replacement cost for each item listed on Attachment C. For each contractor-owned cylinder lost or damaged beyond repair while in the Government’s possession, the Government shall pay the contractor the replacement cost, less the allocable rental paid for that cylinder. These cylinders shall then become Government property. If any lost cylinder is located within six months from the date the replacement cost was paid by the Government to the contractor, the cylinder may be returned to the contractor, and the contractor shall refund the Government the replacement cost, less rental, for every thirty (30) calendar days from date of payment from the Government to the date the cylinder was returned to the contractor. Changes to replacement cylinder costs may be proposed by either the Government or contractor and will be considered for contract modification only if proposal is in line with standard marketplace costs.

3.11. All cylinders must have a unique barcode label affixed to the cylinder that allows for scanning capabilities.

3.11.1. For contractor-supplied tracking systems that utilize barcodes or mechanism that requires scanning cylinders, the contractor is responsible for ensuring all cylinders have required barcodes, labels, etc. affixed and scannable.

3.11.2. For cylinders that do not have a barcode label affixed to the cylinder by the contractor, the Government reserves the right to adhere to a barcode label to the cylinder.

3.12. Implementation, Delivery Plan, and Inventories/Audits.

3.12.1. Stations will complete an Inventory/Audit with the Vendor once annually and/or within 3 months at the end of the period of performance. Once the Inventory is completed, Cylinders identified as lost or missing shall have the rental fee stopped as of the date of the inventory. If the Contractor has invoiced for those fees; the Contractor shall credit the fees assessed on the next billing month invoice, back to the date of the inventory.

4. CONTRACT TRANSITION:

The Contractor shall coordinate with the incumbent contractor and each ordering activity to ensure uninterrupted delivery of medical gases throughout the transition period. Any transition activities shall not interfere with patient care or healthcare operations.

The contractor shall meet with the COR and ordering activity stakeholders for a kick-off meeting no later than ten (10) business days after notice of contract. The contractor shall not commence performance until the kickoff meeting has been conducted or has been waived by the COR.

The billing period shall commence on the date of fully completed phase-in.

4.1. Phase-Out:

4.1.1. At the end of the contract, the incumbent contractor who is not awarded this contract shall provide all resources required to ensure a seamless transition with no interruption of service or interference with healthcare operations. The Government intends to sustain a maximum level of customer support during this period. All resources and personnel needed to complete all phase-out requirements shall be provided by the contractor at no additional cost to the Government.

4.1.2. The incumbent contractor shall not remove any supplies or equipment from the ordering activity until replacement supplies and equipment have been installed. The incumbent contractor shall be reimbursed at the contract rate for all time exceeding the contract period in which the supplies and equipment must remain. The Government will require the incumbent Contractor to cooperate fully with the new contractor to ensure a smooth transition period.

4.1.3. Following the date the ordering activity and contractor agree all efforts have been made to locate and remove cylinders from the ordering activity location, the contractor shall be allotted sixty (60) calendar days to submit all outstanding invoices and claims for lost or damaged cylinders to each ordering activity. Failure to meet this criterion shall result in complete forfeiture of all claims and invoices against the Government and the contract shall be closed.

a) Disagreements on outstanding invoice and claims shall be referred to the CO for resolution.

4.1.4. The incumbent contractor shall provide a detailed phase-out plan for removing all cylinders and equipment from the ordering activity.

4.1.5. A preliminary phase-out plan shall be provided no later than sixty (60) calendar days prior to the end of the contract. The timeline for completion of phase-out shall not exceed sixty (60) calendar days after the end of the contract. Preliminary phase-out plan is subject to approval and/or revision by the COR and CO. A finalized phase-out plan shall be provided no later than thirty (30) calendar days prior to the end of the Contract.

4.1.6. The Contractor’s written phase-out plan shall include, but is not limited to:

a) Administrative matters (current personnel listing, if applicable, including phone numbers);

b) Out-processing of badged personnel, if applicable;

c) Customer support;

d) Vehicle identification and hang tags returned, if applicable;

e) Timeline for removal of cylinders and equipment by ordering activity;

f) Resolution on any outstanding invoices or billing issues;

g) Final invoices;

h) Timeline for cylinder audit as outlined in paragraph 5.1; and

i) Excess supply removal, if applicable

4.1.7. The incoming contractor shall coordinate with the incumbent contractor to establish phase-out and removal schedules of cylinders and equipment that complement the incoming contractor’s phase-in plan.

4.1.8. The Government reserves the right to direct phase-out schedules different from those proposed by the incumbent contractor.

4.1.9. The incumbent contractor’s reporting and data collection system(s), web-based or otherwise, shall remain operational and accessible to the COR and ordering activities for the duration of the phase-out.

4.1.10. All performance requirements of this contract and any delivery orders will remain in effect until all of the incumbent contractor’s supplies and equipment have been removed in their entirety.

5. CYLINDER TRACKING

5.1. During contract transition, the incumbent and incoming contractors shall conduct their own separate inventory audit at each ordering activity listed in Attachment A documenting the number of contractor-owned and Government-owned cylinders for each gas listed in Attachment C. The documentation shall have the contractor’s auditing personnel’s printed name, signature and date and be forwarded to the COR and ordering activity POC.

5.2. The contractor shall submit an innovative plan with their proposal for tracking medical gas cylinders being delivered to and from the ordering activity. The cylinder tracking plan shall be provided by the contractor with no additional cost to the Government. The primary purpose of this plan will be to provide a mechanism to allow the ordering activity POCs on-demand access to view or extract data related to all cylinders, contractor-owned and Government-owned, that are moving in and out of their respective facility.

5.2.1. The cylinder tracking plan shall include, but is not limited to:

a) Method used for data entry and extraction (i.e. web-based portal, Microsoft Excel spreadsheet, SharePoint, email, etc.);

b) Mechanism for data entry (i.e. barcode scanning, handwriting serial numbers, photos, etc.);

c) How and when Government will be able to extract data;

d) What type of data will be entered and stored;

e) Limits on access to Government employees, if applicable;

f) Any technology, equipment, software, etc. that requires connection to the Government network, if applicable; and

g) Any other pertinent information related to the cylinder tracking plan

5.2.2. If the contractor has an impending tracking system or one that is not yet fully operational but would like to submit as part of their proposal, the contractor shall include a timeline for implementation which must coincide with the phase-in timeline as described in paragraph 4.1. Impending cylinder tracking systems that will not be fully operational by the conclusion of the contract transition shall not be submitted as part of the contractor’s proposal.

5.3. Although not required, if the contractor has a system for tracking medical gas cylinders within an ordering activity’s facility after the cylinders have been delivered by the contractor to the ordering activity, the contractor shall submit a tracking plan with their proposal.

5.3.1. The cylinder tracking plan shall include, but is not limited to, all items listed under paragraph 5.2.1.

6. CONTRACTOR-FURNISHED REPORTS

6.1. The contractor shall submit in their proposal their available on-demand reporting capabilities for the CO, COR and/or ordering activities in relation to usage statistics, cost data, cylinder tracking and any other report types that may be beneficial for the Government. Suggested reporting capabilities per type of report shall contain, but are not limited to:

6.1.1. Usage:

a) Actual deliveries for any given set of dates;

b) Average deliveries per week/month/year;

c) Average deliveries per week/month/year per gas type; and

d) Any other reports related to usage that may be beneficial for the ordering activity

6.1.2. Cost:

a) Actual billing data

b) Average cost per delivery;

c) Average cost per week/month/year per medical gas; and

d) Any other reports related to cost that may be beneficial for the CO, COR and/or ordering activity

6.1.3. Cylinder tracking:

a) Perpetual delivery, pick-up and location data per cylinder; and

b) Any other reports related to cylinder tracking that may be beneficial for the ordering activity

6.2. The contractor’s reporting capabilities proposal shall include detailed information on how the data is collected by the contractor (to ensure accuracy of data), the vehicle to which the reports will be distributed (i.e. web portal, email, fax, in-person delivery, etc.) and how the data will be viewed by the CO, COR and/or ordering activity (i.e. web portal, Excel spreadsheet, Word document, hand-written on paper, etc.).

7. MEDICAL GAS SPECIFICATION AND REQUIREMENTS:

7.1. All medical gases shall conform to the most recent specifications prescribed in the United States Pharmacopoeia (USP) and the National Formulary. The contractor, medical gas manufacturers and fillers of medical gases utilized in conjunction with this contract shall be registered with the U.S. Food and Drug Administration (FDA), and all medical gases shall be manufactured, processed, packaged, transported, and stored according to the FDA’s CGMP regulations and Title 21, Code of Federal Regulations (CFR), Parts 201, 210, 211, 820 for labeling.

7.2. All products, equipment and services provided under this contract shall be in compliance with all applicable Federal, state and local regulations.

7.3. In addition, the following specifications are incorporated into this contract:

Federal Specification BB-A-1034B, Compressed Air, Breathing, dated 12/20/1985.

Federal Specification BB-C-101D, Carbon Dioxide (CO2): Technical and USP, dated, 3/17/2011.

Compressed Gas Association (CGA) Publication G-7, Compressed Air for Human Respiration, dated 9/26/2019 and ANSI/CGA G-7.1 Commodity Specification for Air, dated 3/6/2018.

7.4. Safety Data Sheets shall be provided to the COR or ordering activity upon request. The COR or ordering activity may request training on procedures associated with safety data and maintaining medical gas cylinders.

7.5. A copy of all completed reports for any contractor-owned or Government-owned system inspection that is required by regulation shall be provided to the ordering activity.

8. ORDERING PROCEDURE:

8.1. Delivery orders shall be ordered by an agreed-upon means between the contractor and the ordering activity.

8.2. The contractor must have the capability to accept orders via email, phone, fax or web-based portal, if available. Each ordering activity may prefer a different ordering method, and the contractor shall have the capability of accommodating each ordering activity’s request, if reasonable.

• Web-based portal ordering systems are considered the preferred method.

8.3. Routine non-emergent orders shall be accepted by the contractor until 12:00pm local time on the day before the next scheduled delivery date.

8.4. Each delivery order by the ordering activity shall contain, at a minimum, the following information:

a) Date of the order;

b) Contract number;

c) Purchase order number;

d) CLIN description and unit price;

e) Quantity ordered;

f) Total amount of order; and

g) Location of delivery, if different from standard delivery location

8.5. The contractor shall provide each ordering activity written instructions on how each ordering activity is to request routine non-emergent deliveries outside of standard business hours and on weekends/holidays.

8.5.1. Standard business hours are defined as Monday through Friday from 8:00am to 4:30pm local standard time.

8.6. The contractor shall provide each ordering activity written instructions on how each ordering activity is to request emergency deliveries. The instructions shall include a contingency plan should the primary method fail.

8.6.1. If the emergency ordering instructions differ by date (weekdays vs weekends/holidays) and/or time (standard vs. non-standard business hours) in which the emergency order is made, the contractor shall reflect this in their instructions or create multiple instructions in relation to the date/time of emergency.

a) For example, the emergency ordering instructions may differ if the emergency occurred on a weekend rather than a noon on a weekday.

8.7. Order confirmations:

8.7.1. Routine non-emergent orders shall be confirmed as received by the contractor within twenty-four (24) hours of order submission by the ordering activity (not counting weekends or Federal holidays) or by 12:00pm local time on the day before the next scheduled delivery date, whichever occurs first.

8.7.2. Emergency orders shall be confirmed as received by the contractor within one (1) hour of order submission by the ordering activity, regardless of the date and time of order.

9. DELIVERY REQUIREMENTS:

9.1. Delivery dates and times are specified on Attachment A. Delivery dates and/or times can be altered unilaterally by the Government if the proposed time is between Monday and Friday between 8am and 4pm local time. The contractor may propose an alternative delivery date and/or time but will only be effective if mutually agreed upon between the contractor and COR or ordering activity.

9.1.1. Failure of the contractor to meet routine non-emergent delivery criteria as stated in paragraph 9.1 shall be reported to the COR and CO.

9.2. All delivery dates exclude weekends and federal holidays unless bilaterally agreed upon by the contractor and COR or ordering activity.

9.3. The delivery dates may be specified by: the number of calendar days after receipt of order; a specific day or days of the week; a specific time interval between deliveries; a specific reordering point; or other mutually agreed upon delivery method or timeframe.

9.4. Each ordering activity will provide the contractor reasonable access to the facility.

9.5. A valid Certificate of Analysis shall be provided with each delivery of medical gases. The certificate shall include, at a minimum:

a) Supplier’s name and complete address

b) Name of the product

c) An Air Liquefaction Statement, where appropriate

d) Lot number or other unique identification number

e) Actual analytical results for full U.S.P. monograph testing.

i. Documentation that only states the product meets the minimum purity of 99.5% is not acceptable

f) Test method used to perform the analysis.

i. A statement such as “Meets U.S.P. specifications” is not acceptable.

ii. A statement such as “Tested via Servomex” is not acceptable as the specific model number is not provided.

g) Signature and date of authorized supplier representative.

9.6. Cylinders shall be filled to the maximum functional capacity during each refilling unless specified otherwise within the contract.

9.7. The contractor shall agree to add new delivery locations that are within a sixty (60) mile driving distance from the contractor’s or subcontractor’s medical gas fill station without any changes to contract terms, conditions or pricing.

9.7.1. For any new delivery locations proposed by the Government that are further than a sixty

(60) mile driving distance from the contractor’s or subcontractor’s medical gas fill station, the contractor may propose changes to the contract terms, conditions and/or pricing for the Government to consider. If the Government does not agree to the contractor’s proposed changes, the Government reserves the right to acquire medical gases from another contractor.

9.7.2. The driving distance mileage will be determined by shortest route provided by an Online Mapping Service.

9.7.3. As long as the minimum quantity ordered is met within this contract, the Government reserves the right to remove any delivery locations at any time throughout the contract period of performance within penalty or reprisal from the contractor.

9.8. Back orders:

9.8.1. The contractor shall notify the COR and each affected ordering activity of a backorder within one (1) hour of the backorder being identified. The notification shall include: what is on backorder, details of the marketplace shortage, and an estimated date of when the order will be fulfilled.

9.8.2. The contractor shall identify in their proposal any medical gases that can be classified as difficult to fill or likely to be placed on backorder by highlighting the item in Attachment C and by providing a statement justifying the contractor’s classification.

9.8.3. The contractor shall, on a quarterly basis, review Attachment C for medical gases that can either be removed from or added to the difficulty to fill or are likely to be placed on backorder classification. If there are any changes from the previous quarter, the contractor shall provide the COR and each ordering activity with an updated Attachment C with highlights and justifications.

9.8.4. Each week the backorder is not fulfilled, the contractor shall provide a status update to the COR and ordering activity. The status update shall include: what is on backorder, the elapsed time from the initial backorder notification (i.e. the total time the item(s) has been on backorder), any additional details of the marketplace shortage, and an updated estimated date of when the order will be fulfilled.

9.8.5. The Government retains the right to investigate the backorder situation to determine the cause of the backorder and to aid during the backorder period.

9.8.6. Cancellation of a backorder by the contractor without acceptable justification shall be considered a failure to perform and will be reported on the contractor’s annual performance evaluation. Continuous backorders or backorder cancellations without acceptable justification may be considered for termination of the contract.

9.9. The contractor shall maintain a minimum 95% fill rate for each routine non-emergent order. The fill rate will be calculated by dividing the number of actual filled cylinders delivered to the ordering activity and the number of filled cylinders that were ordered by the ordering activity. This performance metric will be reviewed periodically throughout the contract to ensure the contractor is meeting the minimum fill rate. Failure to meet this performance metric will result in a contract deficiency report (CDR). Continuous failures to meet this metric will be reported on the contractor’s annual performance evaluation or may result in termination of the contract.

9.10. Each delivery must contain a legible delivery ticket containing the following, at a minimum:

a) Contract Number;

b) Purchase Order Number;

c) Date of Order;

d) Date of Delivery;

e) Item number and/or product identification number;

f) Number of cylinders being delivered;

g) Number of cylinders being picked up;

h) Delivery driver printed name and signature

9.10.2. A copy of the delivery ticket will be given to the ordering activity.

9.11. The contractor shall be notified by the ordering activity of the count and type of empty cylinders ready for return.

9.11.1. If the contractor fails to pick up the empty cylinder(s) on the next routine delivery date, the Government shall not incur any additional rental fees past that date.

9.12. All transportation charges for delivering/picking up cylinders shall be included in the price of the medical gas. Additional charges such as, but not limited to, delivery fees, hazardous material fees, and fuel surcharges, shall not be billed to or collected from the facilities for orders received under this contract.

9.13. Emergency deliveries shall be delivered within twenty-four (24) hours after notification by the ordering activity. Emergency status is determined by the Government when conditions warrant, such as, but not limited to, an actuated imminent alarm condition or system leak.

9.13.1. The contractor shall have the capability to receive, manage and fulfill emergency orders in instances where there are power outages, security breaches or other electronic systems issues.

9.13.2. Emergency orders placed by the ordering activity in lieu of contractor failure to fulfill routine orders or adhere to the standard delivery schedule as outlined in Attachment A shall be completed by the contractor as directed by paragraph 9.17 at no additional cost to the Government.

9.13.3. Failure of the contractor to meet emergency delivery criterion as outline in paragraph

9.13 shall be reported to the COR and CO.

9.14. The Contractor shall maintain the operation capability necessary to ensure uninterrupted delivery of medical gases and associated services throughout the period of performance.

The Contractor shall have procedures in place to mitigate disruptions that could adversely affect patient care or healthcare operations.

9.14.1. The Contractor shall maintain the capability to continue supplying medical gases despite foreseeable disruptions. Such as but not limited to:

a) Manufacture production interruptions

b) Regional shortages

c) Raw Material shortages

d) Transportation delays

e) Fill Plant outages

f) Equipment failures

The contractor shall maintain the capability to obtain medical gases through alternate production, filling, distribution, or other commercially available means sufficient to continue contract performance when primary production or distribution capabilities become unavailable.

9.14.2. The Contractor shall maintain procedures for responding to unexpected events such as but not limited to:

a) Severe weather

b) Highway closures

c) Vehicle breakdowns

d) Natural disasters

e) Civil emergencies

9.14.3. The Contractor shall maintain communication with the applicable facility/facilities during emergencies, any event included in 9.14.1 and 9.14.2. or any event that may significantly affect contract performance. Communications shall include:

a) Nature of disruption;

b) Affected facilities;

c) Anticipated duration;

d) Interim mitigation measures;

e) Estimated time of resolution.

9.14.4. The contractor shall maintain internal procedures sufficient to continue contract performance during disruptions affecting personnel, facilities, transportation, communications, or other operational resources.

The Contractor shall prioritize deliveries necessary to maintain patient care.

9.14.5. Performance Standards

a) 95% fill rate

b) On-time routine deliveries

c) Emergency response

d) Invoice accuracy

e) Corrective action timeframes

10. NON-REPAIRABLE GOVERNMENT PROPERTY:

10.1. Prior to disposing of non-repairable government-owned cylinders, parts, fittings, and appurtenances, the Contractor shall contact the COR and ordering (owning) activity.

The Contractor shall state the reason for disposition and make the disposition in accordance with ordering (owning) activity’s instructions.

10.2. If the ordering (owning) activity chooses to have the contractor dispose of a cylinder(s), part(s), fitting(s) and/or any other appurtenances to include abandoned cylinders and appurtenances from other vendors, the contractor shall dispose of the item(s) at no cost to the Government. The contractor shall comply with CGA Publication [P-22] The Responsible Management and Disposition of Compressed Gases and their Cylinders.

10.3. If the ordering (owning) activity chooses to have the contractor return the non-repairable cylinder back to the ordering (owning) activity, the contractor shall do so at no additional cost to the Government.

11. CYLINDERS AND ASSOCIATED COMPONENTS:

11.1. Laws and regulations: Cylinders and other containers for gaseous and liquid forms of gas shall comply with DOT specifications and shall be maintained, filled, marked, labeled and shipped to comply with U.S. CFR Title 49-Transportation. Filling, packaging, labeling, etc. for medical gases shall also comply with the Federal Food, Drug and Cosmetics Act.

11.2. Marking: In addition to marking required by the aforementioned laws and regulations, marking shall comply with CGA Publication [C-7] Guide to Classification and Labeling of Compressed Gases.

11.3. Color Coding: Cylinders shall be color coded in accordance with CGA Publication [C-9] Standard Color Marking of Compressed Gas Containers for Medical Use.

11.4. Valves: Valves shall comply with CGA Publication [SB-26] Cylinder Connections on Portable Liquid Cryogenic Cylinders and CGA Publication [V-1] 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. For liquid containers, all fittings must be permanently brazed to prevent their removal. In addition, each container should contain a 360-degree cryoband applied to the top of the container with the drug product name repeated around the entire container.

11.5. Hydrostatic Testing:

11.5.1. Retest Date: If applicable DOT regulations require retesting of cylinder(s) within three

(3) months after scheduled date of shipment to a continental U.S. destination or within six (6) months after scheduled date of shipment to an overseas destination, the cylinder(s) shall be retested. The Contractor will be required to retest any government-owned cylinder when requested by ordering (owning) facility, regardless of scheduled retest date. NOTE: Government-owned cylinders have both a 5-Year and a 10-Year Hydrostatic Testing requirement.

11.5.2. Method: Government-owned cylinders, which are eligible for extended hydrostatic retesting by a modified hydrostatic method or by visual inspection in lieu of hydrostatic testing, shall be serviced by the most economical means and shall comply with DOT regulations (49 CFR 173) unless otherwise specified by the ordering activity. When modified or reduced DOT test requirements are contingent upon past usage of the cylinders, a written statement from the ordering activity indicating that the cylinders have been used exclusively for a specific gas may be considered acceptable evidence of the cylinders’ eligibility for modified testing or inspection.

11.5.3. Hydrostatic testing shall be performed in accordance with CGA’s Publication, [C-1] Methods for Pressure Testing of Compressed Gas Cylinders.

11.5.4. Visual inspection shall be performed in accordance with the applicable CGA publication, [C-6-CSA] Standards for Visual Inspection of Steel Compressed Gas Cylinders or [C- 6.1] Standard for Visual Inspection of High-Pressure Aluminum Alloy Compressed Gas Cylinders.

11.6. Cylinder Sizes: Cylinder sizes shown in the Item Description chart below indicates 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 Federal Food, Drug, and Cosmetic Act, 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”

11.6.1. E-size oxygen cylinder fixed regulator system requirements:

a) Lightweight aluminum construction;

b) Wide permanent handle to make it easy to lift and carry;

c) Minimum flow of 15 Liters Per Minute (LPM);

d) Flow rates ranging from 0.25 LPM minimum to 25 LPM;

e) A Diameter Index Safety System (DISS) 50 PSI fitting for transport ventilator hook-up;

f) Magnetic resonance imaging (MRI) compatibility

g) Easy to read contents gauge; and

h) One (1) step integrated regulator tanks (aka single-stage valve) only

12. PRICE OF SERVICES FOR GOVERNMENT-OWNED AND CONTRACTOR OWNED

CYLINDERS:

12.1. The offeror’s price for the gas shall include the furnishing of all services which are required for each and every filling of a cylinder to comply with applicable regulations, specifications, and normal good practices. Such services shall include, but not be limited to:

a) Tags indicating cylinder is “Full,” “In Use,” or “Empty”;

b) Inspection, testing, evaluation, and cleaning services required at each and every filling;

c) Pin-indexing, when required;

d) Attachment of Government-furnished warning tags, when required;

e) Attaching oxygen cylinders to manifold systems, when required; and

f) All maintenance and testing of contractor-owned cylinders

12.2. All transportation charges for empty Government-owned and contractor-owned cylinders from the ordering facility to the contractor’s facility shall be at the expense of the contractor.

13. MEASUREMENT AND CONVERSION COMPUTATION, ATMOSPHERIC GASES AND

HYDROGEN:

13.1. 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.

14. PROJECT MANAGEMENT:

14.1. The contractor shall submit a Project Management Plan (PMP) with their proposal that clearly demonstrates an understanding of the scope, schedule and service level requirements of this contract. At a minimum, the PMP shall include the following items:

a) Communications and task matrix providing point-of-contact information and identifying and delineating the roles and responsibilities of key contractor personnel and resources;

b) Individual responsible for providing the required contract deliverables and how the contractor will ensure the deliverables are delivered on time;

c) A preliminary delivery, install, and user acceptance schedule constrained by the timeframes allowed with the contract with consideration of the interdependence of tasks in sufficient detail to identify and meet critical schedule deadlines;

d) Estimate of how much time each critical task is expected to take and when each is scheduled to begin and end (time period in workdays or weeks);

e) Outline of processes used to track and communicate delivery progress, installation, and document equipment acceptance; and

f) Description of approach to identify the warning signs of potential project…