S02 - 36C77626Q0016.pdf

PAGE 1 OF 691. 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. 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

36C77626Q0016 03-20-2026

Andrew Schoenecker 651-293-3038 04-21-2026 1:00 PM Central

36C776 Department of Veterans Affairs Program Contracting Activity Central

6100 Oak Tree Blvd, Suite 490 Independence OH 44131

X

325120

1200 Employees

N/A

X

Department of Veterans Affairs Various Facilities in VISN 16

36C776

Program Contracting Activity Central Attention: Andrew Schoenecker 6100 Oak Tree Blvd, Suite 490 Independence OH 44131

VAFSC

Financial Services Center Invoices to be Submitted Electronically https://www.fsc.va.gov/einvoice.asp e-Invoice Setup Info Phone 877-489-6135

877-353-9791 512-460-5429

See CONTINUATION Page

This is an unrestricted solicitation open to any business of any size or socioeconomic category for the Veterans Integrated System Network (VISN) 16 medical gases requirement.

The Government is soliciting quotes for a single award, Indefinite Delivery, Indefinite Quantity (IDIQ) contract.

The quotes will be evaluated in accordance with RFO Part 12.

See CONTINUATION Page

X

X ONE

Andrew Schoenecker

36C77626Q0016

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 SCHEDULE OF ITEMS

B.3 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2025)(DEVIATION)

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 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.6 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

C.7 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

C.8 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.9 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.10 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

C.11 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (MAR 2023)

C.12 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (SEP 2023)

E.2 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)

E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (NOV 2025)

(DEVIATION)

E.4 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)

E.5 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (NOV 2025)

(DEVIATION)

E.6 52.225-2 BUY AMERICAN CERTIFICATE (OCT 2022)

E.7 52.225-6 TRADE AGREEMENTS CERTIFICATE (FEB 2021)

E.8 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.9 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS

AND CERTIFICATIONS (NOV 2025) (DEVIATION)

E.10 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.11 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

E.12 52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND

REPRESENTATION (SEP 2025)(DEVIATION)

E.13 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

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 36C776

Department of Veterans Affairs

Program Contracting Activity Central

6100 Oak Tree Blvd, Suite 490

Independence OH 44131

2. REMITTANCE ADDRESS: All payments by the Government to the 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] Within 30 days of acceptance of delivery

4. GOVERNMENT INVOICE ADDRESS: All invoices from the Contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests. VA uses Tungsten Network for Contractor invoicing. Registration can be completed by visiting https://www.tungsten-network.com/customer-campaigns/veteransaffairs/. Invoices submitted through Tungsten Network are then sent directly to VA FSC ECB using an ANSI X12 v5010 810 format, for processing into the VA FSC payment system. If additional information regarding the Tungsten Network solution is required, contact them directly at 1-877-489-6135 or contact them via email VA.Registration@Tungsten-Network.com.

In accordance with the Prompt Payment Act, 52.232-25, a proper invoice must include:

A. Name and address of the CONTRACTOR.

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

C. Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number).

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

E. Name and address of authorized official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

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

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

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

5. PAYMENTS AND INVOICING: VA shall review the invoice against the contract. VA shall notify the Contractor of invoice discrepancies. Upon the resolution of any discrepancies, VA shall approve the invoice and make payment to the Contractor. Invoices shall be paid within thirty (30) days upon final acceptance by the Government. Each invoice must comply with the requirements of RFO 52.212-4 Contract Terms and Conditions – Commercial (DEVIATION)(NOV 2025), to include required information as follows:

1) Facility’s name and address where the supply was provided.

2) Contract number (example – 36C776-26-D-XXXX).

3) Purchase order number (example – 598-C6XXXX).

4) Type of supply provided.

No advance payments shall be authorized. The Contractor shall share monthly rental invoice(s) with Authorized Ordering Officer and COR prior to submission in EDI and/or submission to the VA Finance Center for review. Payment of invoices may be delayed if the appropriate invoices as specified in the contract are not completed and submitted as required.

6. ORDERING PROCESSES: Ordering officers (OOs) will be authorized to place orders against this contract. The Contracting Officer (CO) will furnish the with the names of individuals authorized as OOs, by separate memorandum upon issuance of the contract. When OOs are added after award, the CO will furnish the with the names of individuals authorized as OOs, by memorandum upon OO appointment. OOs are responsible for issuing and administering orders placed under this contract. OOs have no authority to modify any term of this basic contract. Any deviation from the terms of the basic contract must be approved in writing by the CO responsible for this contract. The shall accept orders against this contract only from the CO and/or authorized OOs. Fulfilling orders from persons other than the CO or OO may result in loss or delay in payment for supplies/services provided under such orders.

For the primary method of placing and receiving medical gas orders, the Contractor may select one of the two options below. Additionally, on a case-by-case basis, orders may be placed by email or phone when necessary.

(1) Contractor Website or (2) Commercial-Off-the-Shelf Product:

a. The VA will place orders through the Contractor’s website or a commercial off-the-shelf product.

b. The Contractor will provide the Contracting Officers (COs), Ordering Officers (OOs), and any VA employee designated by the CO access to the Contractor’s website or commercial off-the-shelf product.

c. The Contractor’s website or commercial off-the-shelf product must be approved by the VA prior to its use.

d. The Contractor’s website or commercial off-the-shelf product must have the following capabilities:

i. Be accessible on the internet;

ii. Allow VA staff to place orders via the website or commercial off-the-shelf product;

iii. Ensure that the website does not interface with any VA information system.

7. CHANGES: Changes to this contract may only be made by a written modification which is formally executed by the Contractor and the CO.

8. HOLIDAY: The Contractor will not be required to make delivery on federally observed holidays. When normal delivery days fall on a Federal holiday, the Contractor shall make delivery on the next workday following that holiday.

The following holidays are observed by the Federal Government:

New Year’s Day Martin Luther King Jr. Birthday (3rd Monday in January) Presidents Day (3rd Monday in February) Memorial Day (last Monday in May) Juneteenth (June 19th) Independence Day (July 4th) Labor Day (1st Monday in September) Columbus Day (2nd Monday in October) Veterans Day (November 11th) Thanksgiving Day Christmas Day

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

9. ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the solicitation number and date as follows:

AMENDMENT NO DATE

B.2 SCHEDULE OF ITEMS

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

Period of Performance: The period of performance is 9/1/2026 – 8/31/2031, unless terminated earlier pursuant to the terms of this contract.

Year 1 of the pricing period is 9/1/2026 to 8/31/2027, Total Price:

Year 2 of the pricing period is 9/1/2027 to 8/31/2028, Total Price:

Year 3 of the pricing period is 9/1/2028 to 8/31/2029, Total Price:

Year 4 of the pricing period is 9/1/2029 to 8/31/2030, Total Price:

Year 5 of the pricing period is 9/1/2030 to 8/31/2031, Total Price:

Total Contract Price:____________________

The minimum guaranteed value under this contract is $25,000.00.

The maximum value under this contract is $7,000,000.00.

B.3 STATEMENT OF WORK

VISN 16 STATEMENT OF WORK

Medical Gases, Fills, and Cylinder Rentals

1. SCOPE

1.1. The Veterans Health Administration (VHA), Veterans Integrated System Networks (VISN) 16, require a Contractor to provide medical gases for each of the estimated eight (8) Veterans Administration Medical Center (VAMC) facilities, their respective clinics, and off-site locations located in their region. The Contractor shall be responsible for providing, filling, transporting, handling, servicing, maintaining, delivering, picking up, and storing medical gases and cylinders for all facilities located in “Attachment D.2 – Facility Locations”. All equipment and materials required to perform on the contract shall be provided by the Contractor except for any Government-furnished cylinders a VAMC may choose to use.

1.2. Contractor shall provide the VA access to their website, which will enable staff to perform the following functions: place orders, view Proof of Delivery (POD)/delivery tickets, access cylinder audit results/forms, access current/past cylinder balances, view current and past cylinder rental summaries, and access paid/unpaid invoices. The website shall be accessible via the internet. It shall not interface with any VA information systems. The Contractor is permitted to utilize commercial off-the-shelf product like Microsoft Share Point, Microsoft Power Apps, and/or Microsoft Teams, or other similar products that provide the needed functionalities. The selected platform must receive prior approval from VA. This requirement is distinct and separate from the option of a website ordering system as referenced on page 6. The Contractor shall provide initial setup, training, and ongoing technical support to VA staff to ensure full functionality and usability of their website or commercial off-the-shelf product.

1.3. The required medical gases are listed in “Attachment D.1 – Schedule of Items” and must meet or exceed the standards cited in the current edition of the United States Pharmacopoeia/National Formulary (USP).

1.4. The list and locations of facilities of VISN 16 Veterans Administration Medical Centers (VAMC) / Health Care System (HCS) are shown in “Attachment D.2 - VISN 16 Facility Locations”. The number and location of facilities located within VISN 16 may increase or decrease based on the Government’s need to provide health care to Veterans. The facilities within the Veterans Integrated Service Network (VISN) 16, including VAMCs and HCSs, are identified in Attachment D.2, VISN 16 Facility Locations. This list reflects the current organizational structure; however, the number, names, and locations of facilities within VISN 16 may be modified as a result of reorganizations or other operational adjustments. Any such changes will be implemented through a bilateral modification.

1.5. The estimated quantities for each line item number in the solicitation are estimates only.

There is no expressed or implied guarantee that these quantities will be purchased. The actual quantities ordered by the facilities will vary based on the medical needs of each facility.

Quantities may increase or decrease based on the volume of Veterans and each facility’s medical needs. The contract shall be for the actual quantities as ordered by each VA Health Care facility.

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

ARO: After Receipt of Order CFR: Code of Federal Regulations CGA: Compressed Gas Association CGMP: FDA Current Good Manufacturing Practice CBOC: Community Based Outpatient Clinic CO: Contracting Officer COR: Contracting Officer Representative CS: Contract Specialist FDA: US Food & Drug Administration GFE: Government-Furnished Equipment (Government-Owned) HCS: Health Care System LIN: Line Item Number LOU: Loss of Use (missing/unreturned/damaged cylinders) LPM: Liters Per Minute Negative Variance: When the number of cylinders found during the cylinder audit is fewer than the rental statement indicates NFPA: National Fire Protection Association OO: Ordering Officer OSHA: US Department of Labor, Occupational Safety and Health Administration PO: Purchase Order POC: Point of Contact POD: Proof of Delivery Positive Variance: When the number of cylinders found during the cylinder audit is greater than the rental statement indicates USP: United States Pharmacopoeia/National Formulary VA: Department of Veterans Affairs VAMC: Veterans Affairs Medical Center VHA: Veterans Health Administration VISN: Veterans Integrated Service Network

2. LICENSING, AUTHORIZATION, AND SELLING PERMISSIONS

2.1. If the Contractor is the manufacturer of the medical gases it places into the medical gas cylinders being supplied under this contract, it shall provide verification on an annual basis, that it holds current licensing, permits, certifications, or registrations required by the FDA and the states in which this contract is performed. If the Contractor is not the manufacturer, the Contractor shall compile this documentation from the manufacturer and provide it to the VA.

2.2. If the Contractor is not the manufacturer of the medical gases that are placed into medical gas cylinders being supplied under this contract, the Contractor must provide evidence of the medical gas manufacturer’s current licenses, permits, certifications, or registrations required by the FDA in the states in which this contract is performed, as well as an executed copy of their resellers agreement. The resellers agreement must be no older than one year from the date of award and it must be provided to VA within ten (10) calendar days of contract award.

Additionally, it must affirmatively demonstrate that the Contractor has authorization by the manufacturer to resell the medical gases, as well as rent the medical gas cylinders that the Contractor is providing under this contract.

The Contractor shall provide annual updates to any agreements it has with the medical gas manufacturer and medical gas cylinder provider that affirmatively demonstrates that the Contractor has authorization by the manufacturer to resell the medical gas and to rent the medical gas cylinders that the Contractor is providing under this contract. In the event of a change in the manufacturer, the Contractor shall provide a minimum of 30 days advance notification, or at the time it is known, to VA of the change in manufacturer, and shall provide evidence of the new medical gas manufacturer’s current licenses, permits, certifications, or registrations required by the FDA and the states in which this contract is performed. The Contractor shall also provide a copy of its signed agreement with the new manufacturer demonstrating that the Contractor has authorization by the manufacturer to resell the medical gases and to rent the medical gas cylinders that the Contractor intends to provide under this contract.

2.3. Throughout the term of this contract, Contractor shall maintain all federal, state, and local licenses applicable to the Contractor, as well as any required FDA certifications.

3. LIABILITY INSURANCE REQUIREMENTS

3.1. The Contractor is required to maintain liability insurance in the amount of $1,000,000.00 per occurrence. The ACORD Certificate of Liability must be provided at the time of contract award, and annually via email to the CO.

4. MEDICAL GAS SPECIFICATION AND REQUIREMENTS

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

4.2. Material Safety Data Sheets (MSDS) shall be provided to the facility COR electronically via e-mail or through access to an external website upon request at no additional charge within 24 hours of the VA request. Contractor shall, at the request of the VA, provide training on procedures associated with safety data and maintaining medical gas cylinders while at VA facilities.

5. CYLINDERS AND ASSOCIATED COMPONENTS LAWS AND REGULATIONS

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

5.2. Cylinder sizes, shown in the chart below, indicate product capacity of the cylinder(s) currently being used. All capacities are approximate, and the Government shall be billed only for the actual amount of gas delivered. In accordance with the most current Federal Food, Drug, and Cosmetic Act codes, including any subsequent updates during the contract’s performance period, the actual contents of the container must appear on the label.

Cylinder Size:

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 ¼ 51 J 9 – 9 1/4 51 – 55 K 9 56 M 7 43 Q 7 – 7 ½ 32 – 49 S 7 ¼ - 7 ½ 46 T 9 ¼ - 10 55 - 61 230 LT Nitrogen (on wheels) 26 57 100 LT Helium 24 59

5.3. E-Sized oxygen cylinder – fixed regulator system requirements: One version of steel and one version of lightweight aluminum construction with all of the following features:

Easy-to-carry wide permanent handle to make it easy to lift Adjustable high flow and low flow regulators capable of a range from 0.25 LPM minimum to 25 LPM A Diameter Index Safety System (DISS) 50 PSI fitting for transport ventilator hook-up Magnetic resonance imaging (MRI) compatibility for the lightweight aluminum version Easy to read contents gauge Utilizes single-stage valves only.

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

5.5. Density data and volume measurement equivalents printed in CGA Publication P-6 – Standard Density Data, Atmospheric Gases and Hydrogen, dated October 2012, shall be used when necessary to convert measurement of these gases from one form to another; for example, from cubic feet to gallons https://www.cganet.com/.

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

6. GOVERNMENT FURNISHED EQUIPMENT (GFE) MEDICAL GAS CYLINDERS

6.1. Upon award of the contract the VA will inform the Contractor of the number of GFE cylinders the Contractor will take to maintain its inventory to account for approximately 30 days of usage for each particular gas for which the VA utilizes GFE cylinders. All GFE cylinders will be labeled with a unique cylinder identifier, colored, and tagged by the VA for identification and tracking purposes. The Contractor shall pick up the cylinders within two weeks after the beginning date of the contract and store them securely at their facility to avoid mixing them in with the Contractor-owned cylinders being processed.

6.2. The VA will assemble empty GFE cylinders in a designated pickup area and the OO will issue a delivery order for each type of gas needed in quantities equal to the number of empty GFE cylinders of each type of gas and send it to the Contractor following the process in section 9 of this SOW. The Contractor shall fulfill the order with cylinders from the GFE inventory at their location and exchange each empty GFE medical gas cylinders with a full GFE medical gas cylinder of the same type of gas as indicated in the Delivery Order at the prices listed in the “Attachment - D.1 Schedule of items”.

6.3. If the VA facility chooses not to have the Contractor maintain an inventory of GFE cylinders at the Contractor’s location, or if the Contractor is unable to store this inventory for a particular facility, the VA will possess enough GFE cylinders to allow for the Contractor to refill and deliver the exact GFE cylinder’s that were picked up empty within a 3-week period from the pickup of said cylinders. Contractor shall not substitute other cylinders for GFE cylinders and shall return the exact GFE cylinders according to their numbers and markings.

6.4. The Contractor shall pick up GFE medical gas cylinders. These cylinders shall be inspected by the Contractor and filled to the maximum functional capacity during each refilling procedure.

Empty Government-owned cylinders that are picked up by the Contractor from an ordering facility for re-fill or servicing must be transported according to the DOT regulations, using normal commercial practices to prevent damage to cylinders.

6.5. Contractor shall provide current inventory levels of GFE cylinders at Contractor’s facilities, as well as accurate GFE cylinder counts for both pickup and delivery upon each delivery. If the Contractor delivers fewer GFE cylinders than is ordered, then the Contractor shall annotate all backordered/undelivered GFE cylinders on the delivery slip.

6.6. The VA will monitor the receiving and pickup record of the GFE cylinders and will conduct a review to be shared with the Contractor on an annual basis, at minimum, or more frequently if the COR determines it to be necessary. The review of this record will be used by the VA to determine the number of GFE cylinders the Contractor should have at the Contractor’s facilities.

The Contractor shall certify that the GFE cylinders shown to be in their possession, are accounted for and are accessible to allow for orders to be fulfilled. The Contractor shall pay for any lost or damaged GFE cylinders at the agreed upon rates identified on “Attachment D.1 - Schedule of Items” within 30 days of confirmation that the GFE cylinders are lost or damaged.

6.7. The final quantity of GFE cylinders lost will be determined at the end of the contract based on what quantities and types of cylinders the Contractor is unable to return. Final payment for lost or damaged cylinders shall be made within 30 days of the end of the contract.

6.8. If any GFE cylinders are found to not meet compliance in accordance with the SOW at 5.1., the Contractor shall inform the COR and OO both in writing and by telephone to give them the opportunity to revise the order. The Contractor shall return the non-compliant GFE cylinders back to the ordering facility on the next delivery at no additional cost to VA with documentation and clear marking on the GFE cylinders to label it defective.

6.9. GFE cylinders must remain the property of the individual VA facility for which the order was placed. GFE cylinders are not exchangeable for other GFE cylinders from different VA facilities.

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

6.10. Contractor shall determine the need for hydrostatic testing based on the date code on the GFE cylinder and shall perform said testing for the LIN price indicated on this contract. The Contractor shall return any non-compliant GFE cylinders back to the ordering facility on the next delivery at no additional cost to the VA, with documentation and clear marking on the GFE to label it defective and the cause of the failure. The Contractor shall proceed to fill all compliant GFE cylinders and deliver them per normal procedures.

7. CONTRACTOR-PROVIDED MEDICAL GAS CYLINDERS

7.1. The Contractor shall provide and maintain cylinders/tanks and equipment in accordance with the terms and conditions of this contract. For the duration of the contract, the Contractor is liable for the integrity, suitability, safety, maintenance, inspections, and cylinder tracking of Contractor-provided cylinder(s). The Contractor shall ensure Contractor-provided cylinders always comply with applicable regulations and standards.

7.2. Contractor-provided equipment shall be kept in good operating condition and appearance (i.e., clean, rust free, labeled), shall be in accordance with applicable regulations and standards, and at the expenditure of the Contractor. Each VA facility shall provide the Contractor reasonable access to the facilities for this purpose. The Contractor shall provide documentation of all safety testing of Contractor-provided medical cylinders and appurtenances, including cylinder hydrostatic testing, to the VA upon request at no additional charge.

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

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

7.5. Monthly rental charges:

7.5.1. Upon the delivery of Contractor-provided cylinders, monthly rental rates shall apply to those cylinders in the calendar month of delivery and shall be subject to verification of receipt by the VA facility. Upon the pickup of emptied Contractor-provided cylinders, as noted on the delivery slip by the Contractor’s delivery driver, the rental charges shall cease as of the end of the calendar month in which the empty Contractor-provided cylinders were picked up.

7.5.2. If the Contractor-provided cylinders have bar codes and the Contractor, or subcontractor, has a system in place for bar code scanning/tracking then all Contractor-provided cylinders shall be scanned and tracked by the Contractor or their subcontractor during delivery, pick-up, and cylinder audits. This service shall be done at no additional cost to the Government and this data, in its original form, shall be made available to the VA upon request.

7.5.3. The Contractor shall track the number of Contractor-provided cylinders that should be on hand at each facility, based on Contractor deliveries and pick-ups, and shall take note of the beginning balance for all cylinders on hand at each facility at the beginning of each rental period. Each monthly rental period shall begin on the first day of the calendar month and shall end on the last day of the calendar month. The Contractor shall adjust the inventory counts for each type of cylinder based on each delivery and pickup throughout the rental period. Contractor shall take note of the ending balance at the end of each rental period and assess the monthly charges for that rental period based on the ending balance. Rental pricing shall be assessed using the LIN prices for monthly rental of cylinders, which can be found in “Attachment D.1-Schedule of Items”. Documentation of this tracking of cylinders shall be e-mailed to the COR and shall be made accessible through the Contractor’s website or commercial-off-the-shelf product as described in the SOW at 1.2.

7.5.4. The Contractor shall provide a monthly summary for each delivery location within ten (10) business days following the end of a rental period. This monthly summary shall be sent to the COR of each facility via e-mail and also made available on the Contractor's website or through a commercial off-the-shelf product, as specified in the SOW at 1.2. The monthly summary shall include the following items:

• Beginning balance for the rental period

• Cylinders delivered by date

• Cylinders picked up by date

• Ending balance for the rental period

7.5.5. The COR will verify the numbers based on the delivery slips for the rental period and will address any inconsistencies, errors, or omissions and seek to rectify them with the Contractor. The COR shall ensure the accuracy of invoicing based on the verified number of rental charges reported to the COR, which can be verified using the monthly summary.

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

8. TRANSITION / IMPLEMENTATION OF CONTRACTOR-PROVIDED MEDICAL GAS

CYLINDERS

8.1. The Contractor shall provide an orientation meeting and training for each of the eight (8) main VA facilities within 20 business days of contract award. This orientation meeting will cover information on delivery, orders, Contractor’s points of contact, etc. Statements made during the orientation meeting do not and cannot modify the Contract.

8.2. The Contractor will be provided with the names and contact information of the CORs within 20 days after contract award of each ordering facility.

8.3. Phase-in:

8.3.1. In the event that the awardee of this Contract is not the incumbent Contractor, or that the medical gas cylinders and appurtenances furnished by the awardee are not the property of the incumbent Contractor, the incoming Contractor shall work with the VA and the incumbent Contractor during the phase-in transition period so it can be accomplished without disruption in supplies and services. Beginning on the effective date of the Contract, and subject to the establishment of Ordering Officers, facilities will begin placing orders for the medical gases listed on this Contract. As the outgoing Contractor’s cylinders are collected, they must be stored apart from the incoming Contractor’s cylinders to help prevent the pickup of cylinders by the incorrect party.

8.3.2. In the event that the awardee is the incumbent Contractor, or that the medical gas cylinders and appurtenances furnished by the awardee are the property of the incumbent Contractor, LOU quantities shall not be carried forward into the rental balances of this Contract. Final LOU amounts shall be verified and paid as part of the closeout process of the previous contract. Beginning balances for this Contract will be determined by the located, on-hand quantities from the final cylinder audit.

8.4. Phase-out:

8.4.1. In the event that the contract replacing this Contract will not be using cylinders owned by the current Contractor or subcontractor, all rental charges shall continue at the last listed price per cylinder type while the VA returns all cylinders being used under this Contract while working to order replacement cylinders on the newly awarded contract. If the VA informs the Contractor that cylinders are ready for return and the Contractor does not come pick up their cylinders in a reasonable amount of time, then the VA is not required to continue paying rent on said cylinders. The VA and the current Contractor will count all cylinders that are returned and compare them to the outstanding rental cylinders. Once the VA determines there are no more of the outgoing Contractor’s cylinders present, the final LOU will be determined by comparing all returned cylinders to the last rental statement balances, accounting for both Positive and Negative Variance.

8.4.2. In the event that the contract replacing this Contract is using the cylinders owned by the Contractor or subcontractor, the Contractor and the VA shall conduct a cylinder audit IAW paragraphs 7.5.5 and 13 to determine the final LOU, accounting for both Positive and Negative Variance, on this Contract. Final LOU amounts shall be paid as part of the Contract Closeout process and LOU quantities shall not be carried forward into the starting rental balances for the new contract.

8.4.3. The Contractor shall provide the VA with payment and/or credit, as applicable, for any positive variance identified in the amount of the LIN for each cylinder type.

9. ORDERING PROCESSES

9.1. Prior to placing and receiving medical gas orders, the VA will agree, in writing, to the agreed upon ordering and receiving method.

9.2. Ordering Officers (OOs) and Contracting Officers (COs) shall be authorized to place orders for the VA facilities located in VISN 16. The use of OOs will be the primary method used to place orders. Delivery orders may be issued by the CO if needed.

9.3. The Contractor will be provided with the names and contact information of the primary Contracting Officer Representatives (CORs) within 20 days after award of the contract for each ordering facility.

9.4. The Contracting Officer shall furnish the Contractor with the names of individuals delegated with OO authority by separate letter upon issuance of the contract or agreement within 20 days of contract award. When COs appoint OOs after award, the CO will furnish the Contractor with an updated list of individual OOs authorized to place orders against the contract. OOs may not negotiate contract terms and conditions, modify any of the terms and conditions of the contract, determine price reasonableness, or determine best value. OOs are responsible for issuing and administering orders for any and all LIN’s on “Attachment - D.1 Schedule of Items” placed under the contract identified in the appointment letter. The CO must approve any changes or deviations from the terms and conditions of the contract in writing prior to the OOs placing orders invoking those terms and conditions. The Contractor must accept orders against the contract only from the CO or authorized OOs. Fulfilling orders from persons other than the CO or OO may result in an unauthorized commitment.

OOs are responsible for issuing and administering orders placed under the contract or agreement identified in the appointment letter. OOs do not have the authority to modify any of the terms and conditions in the contract or agreement.

9.5. The CO and authorized OOs will utilize the Line Item Number (LIN) structure outlined in D.1 Schedule of Items identified in the awarded contract. OOs will place orders based on facility needs on any day of the monthly billing period. Contractor shall acknowledge receipt of order within two (2) hours of order placement and deliver the order according to the parameters set forth in Section 10 of this SOW.

9.6. Orders placed without the use of the Contractor’s website or commercial-off-the-shelf product, shall be placed via delivery order using an agreed upon method established by the Contractor and the Government. Orders shall contain at a minimum the following information:

Date of Order Company Name (Contractor)

Contract number VA Facility Name VA Facility Purchase Order (PO) number Line Item Number (LIN) Item Description Manufacturer’s part number (if applicable) Quantity Ordered Unit Price Total Amount Place of Delivery

9.7. Fill/Call: value added option that allows facilities to either have an unfilled order or a portion of an unfilled order either killed (cancelled) or allow the undelivered items to be backordered.

Contractor must first call facilities and obtain a decision.

9.8. Fill/Kill: an order or a portion of an order cancelled (killed) due to the non-shipment of products from the Contractor to the customer by the required delivery order date unless the ordering facility has previously approved the delivery of a substitute product.

9.9. Confirmation Content: all unfilled or partially filled purchase order line items from the Contractor shall be listed on the order. Facilities shall be able to print the confirmation. At a minimum, the order confirmation shall include the following information:

• VA Facility Name

• VA Facility Purchase Order Number

• Federal Government Product Contractor Item Number (LIN)

• Manufacturer’s part number

• Item Description

• Unit of Purchase

• Quantity Ordered

• Quantity Confirmed and to be delivered

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

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

• Line Item Unit of Purchase Price

• Line Item Price

• Total Cost of Order

• Identification of Cancelled Gases

9.10. In the event the Contractor is unable to provide the LIN ordered, they may propose a substitute item that is on the contract. The Contractor shall contact the COR or the OO by telephone and give details of the proposed substitution. VA shall evaluate the clinical compliance of the proposed substitution and the COR or OO shall advise the Contractor if it is acceptable or not acceptable. If the proposed substitution is found to be acceptable by VA and is listed on the contract, the OO may authorize the substitution. If the Contractor proposes a substitution with a product that is not listed on the contract, the VA facility shall contact the CO to request a modification to the contract if the CO determines a modification is necessary. In the event the facility cannot wait for the contract to be modified they will proceed with the open market purchase of the approved substitution by Government Purchase Card, or by a Contracting Officer if it exceeds the Micro Purchase Threshold. The substitution shall be in compliance with all federal, state, and local regulations, codes, and standards and shall not in any way cause detriment of care to VA patient(s). Contractor shall provide training on all substitute items at the request of VA at no additional charge.

9.11. The VA will, at its discretion, be able to place emergency orders to the Contractor.

Emergency orders shall be delivered within 24 hours after being placed, including after business hours, on both weekdays and weekends, as needed. Emergency orders will be subject to the emergency delivery LIN on the Schedule of Items.

9.12. An authorized Ordering Officer may place orders that are emergency (delivery within 24 hours) or routine. The Contractor must designate the points of contact i.e., email and/or phone number(s) for emergencies, to which all orders will be sent. The Contractor is required to have the capability to receive, manage, and fulfill manual orders in instances where there are power outages, security breaches, or other electronic systems issues.

9.13. Confirmation of order entry by the Contractor: The Contractor shall respond to the facility by e-mail notification and through their website or commercial-off-the-shelf product, as described in the SOW at 1.2, within twenty-four (24) hours after receipt of order for non-emergency delivery orders. If a delivery order is placed on a Friday, the delivery confirmation shall be the following Monday. If the following Monday falls on a federal holiday, then the delivery confirmation shall be Tuesday (the day following the federal holiday).

9.14. Contractor shall offer training to all designated VA personnel on the use of their ordering system prior to the start of the contract and annually throughout the period of performance.

Contractor shall provide operational support for all VA users throughout the term of the contract.

10. DELIVERY REQUIREMENTS

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

10.1. The Contractor is required to provide a legible signed and/or electronic delivery slip/ticket that has been signed and dated by the delivery driver, as well as countersigned by the VA facility representative receiving the delivery. Upon delivery, the delivery driver and VA facility representative will conduct a cylinder count of all cylinders being delivered and all cylinders being picked up. Both cylinder counts will be noted on the delivery slip/ticket or electronic delivery slip with the delivery date and delivery driver ID. The delivery slip shall be signed by both the VA facility representative and delivery driver. A copy of the delivery slip shall be left with the VA facility representative and must be made accessible through the Contractor’s website or commercial-off-the-shelf product as described in the SOW at 1.2.

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

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

• The number of cylinders being delivered

• The number of cylinders being picked up

• Any discrepancies with the number of cylinders being delivered or picked up with the quantities listed on the delivery order will be identified and documented on the delivery slip of contractor-owned and Government-owned cylinders.

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

• Contract Number, Facility PO Number or Delivery Order number

• Account number for the specific delivery location

• Date of Order

• Date of Delivery

• Line Item Number(s) and/or product identification number(s)

• Quantity of each gas and/or cylinder ordered

• Items ordered and not delivered

• The number and type of cylinders being delivered

• The number and type of cylinders being picked up

10.2. Contractor shall provide access to the scanned copy of the delivery slip to the COR via e-mail and must be made accessible through Contractor’s website or commercial-off-the-shelf product, as described in the SOW at 1.2.

10.3. All orders shall be delivered in accordance with the delivery parameters set forth at each location found in “Attachment D.2 – Facility Locations”. It is the responsibility of the Contractor to ensure that each facility receives their orders on the specified delivery dates.

10.4. Backorder notification for any affected LIN shall be immediately provided to each facility COR or designated POC when back order is known via telephone, e-mail, and Contractor’s website or commercial-off-the-shelf product, as described in the SOW at 1.2. The Contractor must also provide estimated lead time for the medical gas and provide details of the shortage in the marketplace. Each week the back order is not filled, a status update must be provided by the Contractor to the COR or designated POC via e-mail.

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

10.6. The Contractor’s cancellation of backorders, or the excessive occurrence of backorders, will be considered a failure to perform and may result in adverse action by the Contracting Officer (CO).

10.7. All medical gas deliveries shall be made in accordance with each state’s Department of Transportation (DOT) regulations. Similarly, empty Government-owned cylinders that are picked up from an ordering facility for refill or servicing, shall be transported according to DOT regulations, using normal commercial practices to prevent damage to cylinders.

10.8. Non-emergency delivery of medical gases shall be completed between the hours of 8:00 AM to 4:00 PM local time, Monday through Friday, excluding federal holidays unless otherwise specified in “Attachment D.2 – Facility Locations” for each delivery location.

10.9. Routine orders shall be accepted by the Contractor until 1:00 PM, local facility time, the day before the required delivery day shown on “Attachment D.2 – Facility Locations”.

10.10. The prices listed on the Schedule of Items shall be all-inclusive prices. All transportation charges for delivering/picking up cylinders shall be included in the price of the medical gas.

Additional charges such as delivery fees, hazardous material fees, fuel surcharges, cylinder tracking fees, etc., shall NOT be billed to, or collected from, the facilities for orders received under this contract.

10.11. Emergency deliveries shall be delivered within twenty-four (24) hours after being placed, including weekends and Holidays. Emergency status is determined by the Government. Failure of the Contractor to remain current with the agreed delivery schedule and requirements does not represent an “emergency” for the purposes of charging an emergency delivery fee.

11. NATIONAL OR STATE EMERGENCY, DELIVERY REQUIREMENTS

11.1. The Contractor shall provide a written action plan and have protocols in place to ensure compliance with the VA’s requirements under the contract, specifically, in the event of a declared National or State Emergency which may impact the Contractor’s ability to perform. In the event the plan is implemented, the Contractor shall provide notification of the implementation of the action plan and protocols within 48 hours of any declared National or State Emergency to the CO and COR.

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

CYLINDERS

12.1. Services included in the Price of Medical Gas (both GFE and Contractor-provided cylinders): The Contractor’s price for the gas(es) listed in “Attachment D.1 – Schedule of Items”…