Solicitation 36C24222R0100.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. 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

36C24222R0100 08-15-2022

Jennette, Aleta 914-737-4400 09-02-2022 4:30 p.m. EDT

36C242 Department of Veterans Affairs Hudson Valley Healthcare System Montrose Campus 2094 Albany Post Road Montrose NY 10548-1454

X 100

X

325120

1000 Employees

N/A

See Delivery Schedule

36C242

Department of Veterans Affairs James J. Peters VA Medical Center Network Contracting Office 2 130 West Kingsbridge Road Bronx NY 10468-3904

Tungsten Network https://www.tungsten-network.com/ customer-campaigns/veteransaffairs/

See CONTINUATION Page

This requirement is for Medical Gases supporting the Veteran Administration (VA) VISN (Veterans Integrated System Network 2 South at 11 Veterans Administration (VA) medical center (See Attachment D.2 – Facility Locations). Resultant contract will be a Multiple-Year Requirements Contract for five years with five one-year Ordering Periods.

The Contractor shall be responsible for providing, filling, transporting, handling, servicing, maintaining, delivering, picking up and storing medical gases and medical gas cylinders/tanks.

Questions are required to be submitted to the CO by August 24, 2022 at 4:30 p.m. ET.

Review the tailored Instructions to Offers (FAR provision 52.212-1) carefully.

See CONTINUATION Page

561-3630160-029-820200-2560 010044143 x 1

Aleta Jennette

36C24222R0100

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 (NOV 2021)

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

C.3 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.4 52.216-18 ORDERING (AUG 2020)

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

C.6 52.216-21 REQUIREMENTS (OCT 1995) ALTERNATE I (APR 1984)

C.7 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR

1984)

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

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

C.10 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

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

OWNED SMALL BUSINESS SET-ASIDE (JUL 2019) (NOV 2020) (DEVIATION)

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

COMPLIANCE (JUL 2018)

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

CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (SEP 2021)

(DEVIATION)

C.14 VAAR 852.237-75 KEY PERSONNEL (OCT 2019)

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

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

C.17 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

C.18 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2022) (JUL 2020) (DEVIATION)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

See attached document: D.1 SCHEDULE See attached document: D.2 FACILITY LOCATIONS See attached document: D.3 PHASE-IN PLAN QUESTIONNAIRE See attached document: D.4 TECHNICAL PLAN QUESTIONNAIRE See attached document: D.5 PAST PERFORMANCE QUESTIONNAIRE

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (NOV 2021)

E.2 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.4 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.5 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

E.7 ADDENDUM to 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES

E.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) (JUL 2020)

(DEVIATION)

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 36C242 Aleta.Jennette@va.gov Department of Veterans Affairs Hudson Valley Healthcare System Montrose Campus 2094 Albany Post Road Montrose NY 10548-1454

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]

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, Fills and Cylinder Rentals

The Veterans Health Administration (VHA), VISN (Veterans Integrated System Network) 2 South require a contractor to provide medical gases for each of the estimated eleven (11) Veterans Administration (VA) medical center facilities and clinics located within VISN 2 South. The Contractor shall be responsible for providing, filling, transporting, handling, servicing, maintaining, delivering, picking up and storing medical gases and medical gas cylinders/tanks.

1. SCOPE

1.1. The VHA, VISN 2 South, requires a contractor to provide medical gases for each of the estimated eleven

(11) VA medical center facilities, their respective clinics and off-site locations. The Contractor shall be responsible for providing, filling, transporting, handling, servicing, maintaining, delivering, picking up and storing medical gases and cylinders for all facilities located within VISN 2 South. All equipment and materials required to perform on the contract (other than government-furnished property) shall be provided by the Contractor.

1.2. The purpose of this requirement is to establish an improved method for ordering, paying, tracking, and delivering a consistent source supply of medical cylinder gases for the facilities located in VISN 2 South. The medical gases are listed in Attachment D.1 – Schedule of Items and must meet or exceed the standards cited in the current edition of the United States Pharmacopoeia/National Formulary (USP).

1.3. The list and locations of VISN 2 South Veterans Administration Medical Centers (VAMC) / Health Care System (HCS) facilities are shown in Attachment D.2 - Facility Locations. The number and location of facilities located within VISN 2 South may increase or decrease based on the Government’s need to provide health care to Veterans.

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

1.5. The Government is anticipating awarding one fixed-price Requirements Contract with a single five-year ordering period, with five (5) pricing periods identified as follows:

Pricing Period 1: October 1, 2022 through September 30, 2023 Pricing Period 2: October 1, 2023 through September 30, 2024 Pricing Period 3: October 1, 2024 through September 30, 2025 Pricing Period 4: October 1, 2025 through September 30, 2026 Pricing Period 5: October 1, 2026 through September 30, 2027

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

ARO: After Receipt of Order BAL: Balance CFR: Code of Federal Regulations CGA: Compressed Gas Association CGMP: FDA Current Good Manufacturing Practice CBOC: Community Based Outpatient Clinic CO: Contracting Officer COR: Contracting Officer Representative

CS: Contract Specialist EDI: Electronic Data Interchange FCLO: Facility Chief Logistics Officer FDA: US Food & Drug Administration GFE: Government-Furnished Equipment (Government-Owned) HCS: Health Care System LIN: Line Item Number LOU: Loss of Use, missing / unreturned / damaged cylinders LPM: Liters Per Minute NFPA: National Fire Protection Association OO: Ordering Officer OSHA: US Department of Labor, Occupational Safety and Health Administration PO: Purchase Order POC: Point of Contact USP: United States Pharmacopoeia/National Formulary VA: Department of Veterans Affairs (Government) VAMC: Veterans Affairs Medical Center VHA: Veterans Health Administration VISN: Veterans Integrated Service Network

2. LICENSING, AUTHORIZATION AND SELLING PERMISSIONS

2.1. If the Contractor is the manufacturer of the medical gases it places into the medical gas cylinders being supplied under this contract, it shall annually provide verification that it holds current licensing, permits, certifications or registrations required by the FDA and the states in which this contract is performed.

2.2. If the Contractor is not the manufacturer of the medical gases that are placed into medical gas cylinders being supplied under this contract, the Contractor must provide copies of the medical gas manufacturer’s current licenses, permits, certifications or registrations required by the FDA and the states in which this contract is performed, as well as an executed copy of the resellers agreement within ten (10) calendar days of contract award affirmatively demonstrating that the Contractor has authorization by the manufacturer to resell the medical gas and to rent the medical gas cylinders that the Contractor is providing under this contract. In addition, the Contractor shall provide annual updates to any agreements it has with the medical gas manufacturer and medical gas cylinder provider affirmatively demonstrating that the Contractor has authorization by the manufacturer to resell the medical gas and to rent the medical gas cylinders that the Contractor is providing under this contract. In the event of a change in manufacturer, the Contractor shall provide advance notification to the VA and shall provide copies of the new medical gas manufacturer’s current licenses, permits, certifications or registrations required by the FDA and the states in which this contract is performed. The Contractor shall also provide a copy of its signed agreement with the new manufacturer demonstrating that the Contractor has authorization by the manufacturer to resell the medical gases and to rent the medical gas cylinders that the Contractor intends to provide under this contract.

2.3. Throughout the term of this contract, Contractor shall ensure compliance with all federal, state, local licenses, and all FDA certifications applicable to the Contractor and sub-contractor(s). Contractor must also provide, annually, verification that the manufacturer from which it obtains the medical gases placed into the medical gas cylinders provided to VA under this contract holds current licensing, permits, certifications or registrations required by the FDA and the states in which this contract is performed.

2.4. The Contractor shall inform the Contracting Officer immediately of any relocation of the prime facility or the relocation of any subcontractor's facility.

2.5. If at any time the Contractor's facility, or the source from which the Contractor obtains any of the item(s) listed under this contract, fails to meet Current Good Manufacturing Practice Regulations (CGMPRs) (21 CFR Part 210 and 211), and/or a negative Food and Drug Administration Quality Assurance Evaluation is received, the contract may be subject to termination, in whole or in part, without liability to the Government.

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 within ten (10) calendar days 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 term of this contract.

4.2. Material Safety Data Sheets (MSDS) shall be provided to the facility COR upon request at no additional charge within 3 business days of 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 Outer Diameter (inches)

Height (inches)

B 3 5/16 – 3 ½ 13 – 13 ¼ C 3 ½ 8 D 4 3/16 – 4 ½ 16 ¾ - 19 E 4 3/16 – 4 ½ 24 ¾ - 30 F 4 ¼ 17 G 8 ½ 51 – 51 ¾ H 9 – 9 1/4 51 J 9 – 9 1/4 51 – 55 K 9 56 M 7 43 Q 7 – 7 ½ 32 – 49 S 7 ¼ - 7 ½ 46 T 9 ¼ - 10 55 - 61

230 LT Nitrogen (on wheels) 26 57

100 LT Helium 24 59

5.3. E-Sized oxygen cylinder – fixed regulator system requirements: lightweight aluminum construction; easy-to-carry wide permanent handle to make it easy to lift; minimum flow of 15 Liters Per Minute (LPM); flow rates ranging from 0.25 LPM minimum to 25 LPM; a Diameter Index Safety System (DISS) 50 PSI fitting for transport ventilator hook-up, magnetic resonance imaging (MRI) compatibility and easy to read contents gauge and utilize single-stage valves only.

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

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

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

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

6.1 The Contractor is required to pick up GFE medical gas cylinders including attached appurtenances. These cylinders shall be inspected and filled to the maximum functional capacity during each refilling procedure.

Each Government-owned medical gas cylinder and appurtenance shall be returned one for one to match the pick-up number. Empty Government-owned cylinders that are picked up from an ordering facility for re-fill or servicing shall be transported according to the DOT Regulations using normal commercial practice to prevent damage to cylinders.

6.2 All GFE will be labeled, colored, and tagged for identification and tracking by the VA. Contractor shall provide accurate GFE cylinder counts for both pickup and delivery on each delivery. If one for one matching is not accurate, missing cylinder quantities will be identified and documented on the delivery slip of government-owned cylinders. An annual cylinder audit will determine if the Contractor lost any government-owned (GFE) medical gas cylinders and appurtenances. The Contractor must pay for lost or damaged government-owned medical gas cylinders and appurtenances at the rates identified on Attachment D.1 - Schedule of Items.

6.3 Any GFE (cylinders, parts, fittings, and appurtenances) found not to meet compliance requires the Contractor to inform the COR and OO both via Email and by telephone to give them the opportunity to revise the order. The Contractor shall return the non-compliant GFE back to the ordering facility on the next delivery at no additional cost to the VA with documentation and clear marking on the GFE to label it defective.

6.4 GFE shall remain the property of the individual facility for which the order was placed. GFE items are not exchangeable for other GFE from different VA facilities. Contractor shall fill and return GFE to the specific ordering facility for which the order was placed. Each facility’s GFE will be inventoried and accounted for annually during the cylinder audit. (see Section 13)

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

6.6 The VA shall monitor the delivery and pickup of the GFE cylinders throughout each year’s ordering period.

If VA determines that the Contractor has not returned a quantity of GFE, the COR will inform the Contractor of the discrepancy. If the Contractor cannot produce the quantity found to be missing, the Contractor shall reimburse the VA for the type of cylinders in accordance with the LOU pricing in D.1 Schedule of Items within 60 calendar days.

https://www.cganet.com/

7. CONTRACTOR-PROVIDED MEDICAL CYLINDERS

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

7.2. Contractor, at contractor’s expense, is responsible for the maintenance and upkeep of all contractor-provided equipment. All contractor-provided equipment shall be kept in good operating condition and appearance (i.e., clean, rust free, labeled) and be in accordance with applicable regulations and standards.

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

7.3. All VISN 2 South VA facilities have the right to refuse dirty cylinders or cylinders that do not meet applicable regulations and standards. The Contractor must replace rejected cylinders within 24 hours at no additional cost to the government.

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

7.5. Monthly Rental Charges.

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

7.5.2 During the initial phase-in month if the delivery of contractor-provided cylinders is not on the first calendar day of the month (transition period), the monthly rental rate shall be prorated to ensure the following rental period begins on the first day of the calendar month and ends on the last day of the calendar month.

7.5.3 After the Phase-in Transition 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 track the number of contractor-provided cylinders on hand at each facility and shall take note of the beginning balance for cylinders on hand at each facility at the beginning of each rental period. 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 monthly rental period and assess the monthly charges based on that ending balance. Rental pricing shall be assessed using the LIN prices for monthly rental of cylinders.

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

• Beginning balance for the rental period

• Cylinders delivered by date

• Cylinders picked up by date

• Ending balance for the rental period

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

7.5.6 The VA and the Contractor shall perform an annual, on-site inventory of all contractor-provided cylinders to verify the accuracy (count and type) of the end-of-month balance as shown on the last pricing period’s end-of-month rental cylinder invoice (see Section 13). Each VA facility will coordinate the taking of this inventory with the Contractor. Contractor representative(s) shall participate on-site in the annual inventory audit with the designated VA personnel. The VA is responsible for obtaining access to all pertinent areas for the purpose of counting existing contractor-provided cylinders at the specific VA facility.

• After the inventory audit, if more cylinders are found than indicated on the most recent end-of month invoice, the inventory count shall be increased to that number and shall be the beginning balance for the next monthly rental period.

• After the inventory audit, if fewer tanks are found than indicated on the most recent end-of-month invoice, the inventory count shall be decreased to that number and shall be the beginning balance for the next monthly rental period.

• The Contractor shall invoice each individual VA facility for the quantity and type of unaccounted cylinders (LOU) noted in the annual inventory audit using the relevant Schedule of Item’s LIN.

• The quantity and type of cylinders that are LOU shall be removed from the beginning balance for the next monthly rental period once the cylinder type and count are agreed upon.

• Once the VA pays the LOU invoice for unaccounted cylinders, those cylinders become VA property.

(see Section 8.3)

7.6. Outside of normal pickup/deliveries, no rental charges shall be applied to any cylinder five (5) business days (Saturdays, Sundays, federal 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.

7.7. Recalls: If at any time the Food and Drug Administration (FDA) or the individual cylinder or container manufacturers initiates a hazard alert of product recall relating to a cylinder or container, the Contractor shall be responsible to take required corrective action or remediation on Contractor-owned equipment within specified timeframes.

8. TRANSITION / IMPLEMENTATION OF CONTRACTOR-PROVIDED MEDICAL GAS CYLINDERS

8.1. The Contractor shall provide an orientation meeting and training for each of the 11 main VA facilities within 60 calendar days of contract award. This orientation meeting will cover information on delivery, orders, Contractor’s points of contact, etc.

8.2. If the awardee of this contract is not the incumbent (outgoing) Contractor or if the medical gas cylinders and appurtenances furnished by the awardee are not the property of the incumbent (outgoing) Contractor, the incoming Contractor shall work with the VA and incumbent Contractor during the phase-in transition period so it can be accomplished without disruption in supplies and services. Beginning on the effective date of the contract and the authorization 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 prevent contractor-provided cylinders being returned to the incorrect Contractor.

8.3. Within 90 calendar days after an annual cylinder audit or the end of the contract, whichever is later, if lost cylinders are found, the facility shall notify the Contractor and said cylinders shall be picked up. If the Government paid the Contractor’s LOU fee for said cylinders, the Contractor shall credit or refund the Government the lost fee(s) on said cylinders. If the Government has not paid the LOU invoice, the Contractor shall submit a revised invoice to the Government.

8.4. A transition period would be required between award and start date if awarded to a new Contractor (1 month maximum) to ensure a timely exchange of Contractor-owned equipment, if applicable.

9. ORDERING PROCESSES

Ordering officers (OOs) and contracting officers shall be authorized to place orders against this contract for the VA facilities located in VISN 2 South. The use of Ordering Officers will be the main way of placing orders.

Delivery Orders may be issued by the Contracting Officer (CO) if needed.

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

9.2. The Contracting Officer shall furnish the Contractor with the names of individuals delegated OO authority by separate letter within 20 business 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 placed under the contract identified in the appointment letter. The CO must approve any changes in or deviations from the terms and conditions of the contract or agreement in writing prior to the OOs placing orders invoking those terms and conditions. The Contractor shall accept orders against the contract only from the CO or authorized OOs and fulfilling orders from persons other than the CO or OO may result in an unauthorized commitment.

9.3. If orders are issued by electronic means (i.e., Email, Facsimile, Electronic Data Interchange (EDI)), CO and authorized OOs will utilize the Line Item Number (LIN) structure outlined in the Schedule of Items identified in the awarded contract. OOs will place orders based on facility needs on any day of the monthly billing period.

Contractor shall acknowledge receipt of an order within two (2) hours of order placement for non-emergency deliveries and shall deliver the order according to the parameters set forth in section 10 of this SOW. If delivery requests are placed late in the day on Fridays, the delivery confirmation shall be the following Monday morning. If the following Monday falls on a federal holiday, then the delivery confirmation shall be Tuesday morning (the day following the federal holiday).

9.4. If orders are not placed via EDI or a delivery order, the order shall be placed using an agreed upon form established by the Contractor and approved by the Government. The order form shall contain at a minimum the following information:

• Date of Order

• Company Name (Contractor)

• Contract number

• VA Facility Name

• VA Facility Purchase Order (PO) number

• Contract Line Item Number (LIN)

• Item Description

• Manufacturer’s part number

• Quantity Ordered

• Unit Price

• Total Amount

• Place of Delivery

9.5. The following shall apply to orders placed/accepted via the Electronic Data Interchange (EDI):

9.5.1. Fill/Call: Value added option that allows facilities to either have an unfilled order or a portion of an unfilled order either killed (cancelled) or allow the undelivered items to be backordered. Contractor must first call facilities and obtain a decision.

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

9.5.3. EDI Order Confirmation (Applicable to VA facilities only): In the case where VA facilities submit orders through EDI, the Contractor shall generate EDI order confirmation to ordering facilities within two (2) hours after transmission of EDI orders. An alternate communications method allowing for the transfer of EDI data directly to the site is also available utilizing the Applicability Statement 2 (AS2) secure internet data transfer protocol.

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

• VA Facility Name

• VA Facility Purchase Order Number

• Federal Government Product Contractor Item Number (LIN)

• Manufacturer’s part number

• Item Description

• Unit of Purchase

• Quantity Ordered

• Quantity Confirmed and to be delivered

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

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

• Line Item Unit of Purchase Price

• Line Item Price

• Total Cost of Order

• Identification of Cancelled Gases

9.6. In the event the Contractor is unable to provide the ordered LIN, they may propose a substitute item listed on the contract. The Contractor shall contact the COR or OO by telephone and give details of the proposed substitution. The substitution shall be in compliance with all federal, state, and local regulations, codes, and standards and shall not in any way cause detriment of care to VA patient(s). The VA shall evaluate the clinical compliance of the proposed substitution and advise the Contractor if it is acceptable or not acceptable. If the proposed substitution is found acceptable by the VA and is on the contract, the OO may authorize the substitution and amend their order. If the Contractor proposes an item that is not on the contract, the VA facility shall contact the CO and discuss if a contract modification is necessary. If the facility cannot wait for the contract to be modified, an open market purchase can be made. The Contractor shall provide training on all substitute items at the request of the VA at no additional charge.

9.7. The VA shall, at its discretion, be able to place emergency orders to the Contractor. These orders shall be placed by telephone, e-mail, or fax by the OO to a POC designated by the Contractor. Contractor must respond to the facility by either email or through EDI to establish documentation of order receipt (or by telephone as a backup method to e-mail and EDI) within one (1) hour to confirm receipt of an emergency order and obtain specific delivery details unique to said emergency to ensure their best response. Emergency orders shall be delivered within 24 hours after being placed, including after business hours on weekdays and on weekends as needed. The Emergency order will be subject to the emergency delivery LIN on the Schedule of Items.

9.8. 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, fax, phone number for emergencies) for orders to be sent. The Contractor is required to have the capability to receive, manage, and fulfill manual orders in instances of power outages, security breaches or other electronic system issues.

10. DELIVERY REQUIREMENTS

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

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

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

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

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

• The number of cylinders being delivered

• The number of cylinders being picked-up

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

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

• Contract Number, Facility PO Number or Delivery Order number

• Account number for the specific delivery location

• Date of Order

• Date of Delivery

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

• Quantity of each gas and cylinder ordered

• Items ordered and not delivered

• The number and type of cylinders being delivered

• The number and type of cylinders being picked-up

10.2. Contractor shall provide access to the scanned copy of the delivery slip to the COR through electronic means (e-mail or otherwise).

10.3. All orders shall be delivered according to the delivery parameters outlined for each location in Attachment D.2 –Facility Locations. It is the responsibility of the Contractor to ensure each VA Facility receives their orders on the specified delivery dates and times.

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

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

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

10.7. All medical gas deliveries shall be made per each state’s Department of Transportation (DOT) Regulations. Empty government-owned cylinders that are picked up from an ordering facility for re-fill or servicing shall be transported according to DOT Regulations, using normal commercial practices to prevent damage to cylinders.

10.8. Non-emergency delivery of medical gases shall be completed within the time frame shown for each facility identified on Attachment D.2 – Facility Locations, excluding federal holidays. FOB is destination.

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

• New Year's Day

• Martin Luther King's Birthday (3rd Monday in January)

• Presidents Day (3rd Monday in February)

• Memorial Day (last Monday in May)

• Juneteenth (June 19)

• Independence Day (July 4th)

• Labor Day (1st Monday in September)

• Columbus Day (2nd Monday in October)

• Veterans Day (November 11th)

• Thanksgiving Day

• Christmas Day

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

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

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

10.11. Prices listed on the Schedule of Items will be all-inclusive prices. All transportation charges for delivering/picking up cylinders shall be included in the price of the medical gas. Additional charges such as delivery fees, hazardous material fees, fuel surcharges, cylinder tracking fees, etc. shall NOT be billed to or collected from the facilities for orders received under this contract.

10.12. Emergency order deliveries shall be delivered within twenty-four (24) hours after receipt of emergency order including weekends and federal holidays. Emergency order placement and emergency delivery on federal holidays is expected to be an infrequent occurrence. Emergency order status is determined by the Government. Failure of the Contractor to remain current with the delivery schedule and requirements listed on attachment D.2 – Facility Locations does not constitute an “emergency” for purposes of charging an emergency delivery fee.

10.13. Inspection and acceptance by VA personnel will be completed at time of delivery. Deliveries are not considered to be “accepted” unless written verification of such is provided by VA personnel. See FAR Clause 52.246-2.

11. EMERGENCY DELIVERY REQUIREMENTS

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

12. PRICE OF SERVICES FOR GOVERNMENT-OWNED and CONTRACTOR-PROVIDED CYLINDERS

12.1. Services included in the price of gas (both GFE and contractor-provided cylinders): The Contractor’s price for the gases listed in Attachment D.1 - Schedule of Items shall be an all-inclusive price. Price shall include delivery, taxes, fees, maintenance, storage, tracking, testing of contractor-provided cylinders and all required services needed at each cylinder filling to comply with applicable regulations and specifications. Such services shall include: tags/seals/bands indicating cylinders as “Ready for Use” or “Empty”; inspection; testing and evaluation required at each filling; pin-indexing; and attachment of government-furnished warning tags.

12.2. The Contractor shall ensure all cylinders are clean, free from dirt/rust, and in acceptable use for both inpatient/outpatient Health Care environments.

13. CYLINDER INVENTORY AUDITS

13.1. The COR or Facility POC will conduct at a minimum, an annual review of inventory to reconcile the number of cylinders (contractor-provided) on hand in comparison to the number of cylinders listed on the delivery ticket. The annual cylinder inventory audit must occur for each facility within 45 calendar days of the pricing period end date. An inventory audit report will be provided to the COR, CO and the FCLO.

13.2. Annual cylinder inventory audits require a minimum of one day with a maximum of three days for main/large facilities.

13.3. Contractor must be present until the audit is completed in its entirety. Audits may be performed outside of normal business hours. The COR will only sign completed audit forms that are mutually agreed upon.

13.4. Each facility must approve the final amount /number of missing / damaged cylinders (LOU). If discrepancies ensue, the Contractor must return at a mutually agreed upon date to redo the audit. If the facility is unable to reschedule within 90 calendar days, the facility must honor the audit findings. (See Section 7.5.6.

for LOU rental and invoicing information.)

14. REPORTS

14.1. A tracking system will be provided and maintained by the Contractor. Access to this tracking system will be given to each delegated COR/facility in order for each facility to review their reports when needed. The tracking system shall provide the ability to:

• Review all legible delivery tickets that have been countersigned by the facility

• Review all past invoices

• Review all countersigned and mutually agreed audits

• Current cylinder counts

15. INVOICES

15.1. No advance payments shall be authorized. Rentals will be paid and invoiced on a monthly basis in arrears. Invoices should be submitted timely and be proper. A proper invoice must include:

• Name and address of Contractor

• Facility’s name and address where supply was delivered

• Invoice date

• Contract number and Purchase Order (PO) number

• Contract Line Item Number (LIN)

• Description, quantity, unit of measure, unit price and total price of item(s) ordered

• Name and address of authorized official to whom payment is to be sent

• Name, title, phone number, email of person to be notified if invoice is defective

16. PERSONNEL

16.1. The Contractor shall provide one (1) representative per VISN who shall act as the primary liaison between the VISN and the Contractor in regard to this contract.

16.2. The representative shall be available regardless of ordering method. No later than 20 business days after contract start date, the VA shall be provided with a list of liaisons serving the VISN covered under this contract.

The contact list shall include name, phone, and email.

16.3. The name of the person shall be designated in writing to the Contracting Officer. The Contractor’s liaison shall have full authority to act for the Contractor on all matters related to:

• Daily operations of the contract

• Assist in resolving invoice issues

• Assist in resolving delivery issues,

• Main point of contact for arranging annual auditing of medical gases

17. CONDUCT OF CONTRACTOR PERSONNEL

17.1. Contractor employees shall conduct themselves in a manner socially acceptable. Loudness, vulgarity, rudeness, or other similar offensive conduct by an employee of the Contractor will be grounds for denying the employee further access to the VA premises.

17.2. Contractor employees shall always wear visible identification while on the premises of the VA medical facility, warehouse, CBOC, etc.

18. VHA SUPPLEMENTAL CONTRACT REQUIREMENTS FOR COMBATTING COVID-19

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

18.1.1. Documentation requirements:

18.1.1.1. If fully vaccinated, contractors shall show proof of vaccination.

NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.

18.1.1.2. If unvaccinated, contractors shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test that includes an affiliated telehealth service.

18.1.1.3. Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.

18.1.1.4. Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

18.1.2. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool. Check regularly for updates.

18.1.2.1. Contractor employees who work away from VA locations, but who will have direct contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance, each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall always adhere to and ensure compliance https://www.va.gov/covid19screen/ https://www.va.gov/covid19screen/ with federal laws designed to protect contractor employee health information and personally identifiable information.

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

18.1.4. For indefinite delivery contracts: Contractor agrees to comply with VHA Supplemental Contract Requirements for any task or delivery orders issued prior to this modification when performance has already commenced.

(END OF SOW)

SECTION C - CONTRACT CLAUSES

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

COMMERCIAL SERVICES (NOV 2021)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance.