W81K0222Q0042_Attachment 1.pdf

W81K0222Q0042_Attachment 1

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 150,400 Each Medical Grade Bulk Liquid Oxygen

FFP

Base Period: 01 October 2022 through 30 September 2023.

Unit Prices shall be based on the estimated quantity.

The estimated quantity for this CLIN is 114,400.

The Unit of Issue of "Each" is equal to "100 Cubic Feet"

See "Performance Work Statement" section for the Government minimum need and the delivery instructions.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011729533

MFR PART NR: see quote

PSC CD: 6515

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

1001 150,400 Each OPTION Medical Grade Bulk Liquid Oxygen

FFP

Option Period 1: 01 October 2023 through 30 September 2024.

Unit Prices shall be based on the estimated quantity.

The estimated quantity for this CLIN is 114,400.

The Unit of Issue of "Each" is equal to "100 Cubic Feet"

See "Performance Work Statement" section for the Government minimum need and the delivery instructions.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

2001 150,400 Each OPTION Medical Grade Bulk Liquid Oxygen

FFP

Option Period 2: 01 October 2024 through 30 September 2025.

Unit Prices shall be based on the estimated quantity.

The estimated quantity for this CLIN is 114,400.

The Unit of Issue of "Each" is equal to "100 Cubic Feet"

See "Performance Work Statement" section for the Government minimum need and the delivery instructions.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

3001 150,400 Each OPTION Medical Grade Bulk Liquid Oxygen

FFP

Option Period 3: 01 October 2025 through 30 September 2026.

Unit Prices shall be based on the estimated quantity.

The estimated quantity for this CLIN is 114,400.

The Unit of Issue of "Each" is equal to "100 Cubic Feet"

See "Performance Work Statement" section for the Government minimum need and the delivery instructions.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

4001 150,400 Each OPTION Medical Grade Bulk Liquid Oxygen

FFP

Option Period 4: 01 October 2026 through 30 September 2027.

Unit Prices shall be based on the estimated quantity.

The estimated quantity for this CLIN is 114,400.

The Unit of Issue of "Each" is equal to "100 Cubic Feet"

See "Performance Work Statement" section for the Government minimum need and the delivery instructions.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 1001 Destination Government Destination Government 2001 Destination Government Destination Government 3001 Destination Government Destination Government 4001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-OCT-2022 TO

30-SEP-2023

N/A W07C TRIPLER ARMY MED CTR

POP SEE LINE ITEMS

MATERIAL BR LOG DIV

KRUKOWSKI BLDG 161

TRIPLER AMC HI 96859-5000

1-808-433-6661 FOB: Destination

WX3JN8

1001 POP 01-OCT-2023 TO

30-SEP-2024

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-OCT-2024 TO

30-SEP-2025

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 01-OCT-2025 TO

30-SEP-2026

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 01-OCT-2026 TO

30-SEP-2027

N/A (SAME AS PREVIOUS LOCATION)

MINIMUM/MAXIMUM ORDERING ESTIMATES

The minimum guaranteed amount under this requirement is $3,500.00, and applies only to the base period of performance, 01 October 2022 through 30 September 2023. The maximum quantity is listed below and applies to the full duration of the contract.

OPTION

YEAR

CLIN DESCRIPTION UNIT OF

ISSUE

ESTIMATED

QUANTITY

MAXIMUM

QUANTITY

BASE 0001 MEDICAL GRADE BULK LIQUID OXYGEN EACH* 114,400 150,400

OPTION 1 1001 MEDICAL GRADE BULK LIQUID OXYGEN EACH* 114,400 150,400

OPTION 2 2001 MEDICAL GRADE BULK LIQUID OXYGEN EACH* 114,400 150,400

OPTION 3 3001 MEDICAL GRADE BULK LIQUID OXYGEN EACH* 114,400 150,400

OPTION 4 4001 MEDICAL GRADE BULK LIQUID OXYGEN EACH* 114,400 150,400

*NOTE: The unit of Issue of Each is equal to 100 Cubic Feet.

PERFORMANCE WORK STATEMENT FOR

Medical Grade Bulk Liquid Oxygen Delivery

Services At Tripler Army Medical Center, Hawaii

TABLE OF CONTENTS

SECTION TITLE

1.0 INTRODUCTION

2.0 BACKGROUND

3.0 SCOPE OF WORK

4.0 QUALITY ASSURANCE SURVEILLANCE PLAN

5.0 APPLICABLE TECHNICAL ORDERS, SPECS, REGULATIONS, AND MANUALS

6.0 ACRONYMS AND DEFINITIONS

1.0 INTRODUCTION

1.1. The contractor shall provide the supplies and non-personal services for Medical Grade Bulk Liquid Oxygen Delivery Services at Tripler Army Medical Center which shall contribute to a stable workforce tasked with providing quality health care services to a diverse beneficiary population.

1.2. The period of performance for this contract is 01 October 2022 through 30 September 2023 with four

(4) year option period.

2.0 BACKGROUND

2.1. The mission of the military healthcare system (MHS) is to ensure the nation has available at all times a healthy military force supported by a combat ready healthcare system. Health care services for eligible MHS beneficiaries are provided at military treatment facilities (MTFs) located on or near military installations or posts. The military treatment facility may be a clinic, Hospital, or Medical Center. Clinics are outpatient facilities offering primary care or simple specialty care (routine exams, tests, treatments). The Clinic may be a stand-alone site or a satellite of a larger Clinic, Hospital, or Medical Center. Army Community Hospitals (ACH) offer more complex, resource-intensive secondary care (e.g. inpatient care, surgery under anesthesia) and primary care at outpatient clinics inside and outside the hospital. Army Medical Centers (MEDCENs) offer tertiary (sophisticated diagnosis/treatment of any ailment), secondary, and primary care, hospital services, preventive services, blood bank, and other services. In addition, all MEDCENs offer graduate medical education programs for physicians.

2.2. Tripler Army Medical Center (TAMC) is the headquarters of the Pacific Regional Medical Command of the armed forces administered by the United States Army in the State of Hawaii. It is the largest military hospital in the Asian and Pacific Rim and serves a military sphere of jurisdiction. During a single day of operations at Tripler Army Medical Center, personnel serve an average of 1,728 meals, tend to 2,248 clinic visits and 110 emergency room visits, fill 1,193 prescriptions, complete 25,000 pathology procedures and deliver eight (8) infants. On a typical day, 32 new patients are admitted as 159 beds are occupied. Of those patients, 19 go through ambulatory surgery.

3.0 SCOPE OF WORK

3.1. The contractor shall provide the supplies and non-personal labor, parts, tools, travel, diagnostic equipment, etc. necessary to provide Medical Grade Bulk Liquid Oxygen Delivery Services for TAMC.

Minimum Requirements:

Shall be medical grade bulk liquid oxygen gas.

All medical gas manufacturers and fillers of medical gases shall be registered with the FDA as drug manufacturers.

All gases shall be manufactured, processed, packed, transported, and stored according to the FDA’s Current Good Manufacturing Practices (CGMP) regulations.

All labeling shall comply with FDA’s labeling regulations (21 CFR Part 201).

All liquid bulk liquid nitrogen delivered under the contract shall be medical grade and shall meet or exceed the standards cited in the current edition of the United States Pharmacopoeia/National Formulary (U.S.P.).

Shall provide a valid certificate of analysis with each delivery of gases.

3.2. Delivery Ticket:

3.2.1. Two (2) copies of deliver or sale slips shall contain the following information and accompany all deliveries under the agreement:

3.2.2. Name of supplier and invoicing address, Contract Number, Call or Account Number, Purchase Request Number, Date of Order, Name of individual who placed the call, Description of Supplies/Services, Quantity, Unit price and Extension, Delivery Point, Signature of person receiving and delivering items.

3.3. Delivery of Medical Grade Bulk Liquid Oxygen to TAMC:

3.3.1. Medical Grade Bulk Liquid Oxygen must be delivered in front of F. Wing, 2nd Floor loading dock and documentation to room 2F322 gas manifold room, or as directed by the Contracting Officer (KO) or his/her designee.

3.3.2. The delivery shall be once a week on Wednesday no earlier than 0730 and no later than 11:00 am Hawaii Standard Time (HST)with verbal notification to the primary delivery contract if running late to Tripler Army Medical Center, in front of F Wing 2nd Floor Loading Dock. If Wednesday fall on a federal holiday, the contractor shall reschedule delivery for the next business day or, with prior notice, the previous business day. The Contractor shall also give prior notice and reschedule for any non-Federal holidays they might observe.

3.3.3. In line with standard industry practice, during each delivery the Contractor shall refill each tanks to capacity and will confirm the quantity of delivery with one of the Government point of contacts (POCs). The primary tank and emergency reserve tanks have a capacity of 6,000 gallons and 3,000 gallons respectively. The backup tank will be used in the case of an emergency or shut down of primary tank. Verbal notification to one of the Government’s POCs is required for any deliveries after 09:00 am HST.

3.3.4. The following personnel are authorized to sign for, receipt of delivery and/or request emergency deliveries as previously addressed.

3.3.4.1. Warehouse Supervisor: Donald Kalawaia (808) 433-1736

3.3.4.2. Work Leader: John Garcia (808) 433-3242

3.3.4.3. Gas Handler: Diana Uchida (808) 433-6713

3.3.4.4. SCMB Warehouse NCOIC (808) 433-1737

3.3.4.5. Customer Support Supervisor Andre Willis (808) 433-2635

3.5. ADMINISTRATIVE

3.5.1. Contractor Representative. The Contractor shall designate, in writing, a primary point of contact for contract coordination and implementation not later than five business days after receiving notice of contract award. Changes in the primary point of contact (POC), at any time, shall require the Contractor to notify the Contracting Officer (KO) of the new representative at least five working days prior to the change. This notification shall be in writing and shall state the name and contact information for the new point of contact.

3.5.2. Contractor shall not include or use non-compete provisions with respect to the performance of Government service contracts in its employment, consultant, or third party contract agreements (hereafter agreements) with its contract personnel which are effective beyond the period of contract performance. Non- compete provisions shall not prevent contract personnel from being interviewed, employed, or accepting offers of employment or making other arrangements with potential competitors for follow-on contracts. Additionally, non- compete provisions shall not prevent contract personnel from accepting offers of employment or making other arrangements with any contractors who provide services to the Government, or from accepting offers of employment with the US Government, following the period of contract performance. Inclusion of such non- compete or similar conditions in agreements with contract personnel will result in an offeror’s proposal being determined unacceptable, and may be grounds for termination of any awarded contract or task order. Preventing contract personnel from accepting these offers will hinder the Government’s ability to accomplish the mission of providing medical care to its beneficiaries.

3.5.3. The Contractor and contract personnel shall abide by all MTF standards, rules, and procedures including requirements for any licensure, credentialing and quality assurance requirements. Such regulations include, but are not limited to, general safety, fire prevention, waste disposal, and personnel safety initiatives.

3.5.4. Media and Other Inquiries. The Contractor shall not respond to any media inquiries. Any inquiries from the media, third parties, or public agencies shall be immediately relayed to the government personnel, who will relay them to the MTF Public Affairs Officer or, after duty hours, to the Administrative Officer of the Day (AOD). There shall be no interviews, comments, or any other response without the knowledge and approval of the MTF Commander. Other than routine inquiries from external agencies, all other inquiries and complaints shall be brought to the attention of the government personnel.

3.5.5. Emergency health care for contract personnel. The MTF will provide emergency healthcare for injuries or life threatening medical emergencies occurring while on duty at the MTF. The Contractor shall reimburse the Government for such services as billed by the MTF.

3.6. CONFLICT OF INTEREST

3.6.1. The Contractor or contract personnel shall not use Government facilities, supplies, or equipment in private practice or for any purpose other than providing the healthcare services required under this contract.

3.6.2. The Contractor shall not employ any person whose employment will violate the requirements of DOD Directive 5500-7 Joint Ethics Regulation, and Office of Government Ethics Regulations governing Standards of Conflict.

3.7. SECURITY

3.7.1. Security Identification Badges. The Contractor and contract personnel shall comply with the local installation and MTF personnel identification and access requirements while on site.

3.7.2. While on site, each contract personnel shall wear visible security badge identification, provided by the military installation or the MTF, on the front of his/her outer clothing. The badge must show the full name, title and if required by the Military the word “Contractor” in front. The government personnel will provide the paperwork to request identification badges.

3.7.3. The Contractor is responsible for absences of contract personnel due to expired identification and access documents.

Such absences shall not relive the Contractor of its obligation to perform the services required under this contract.

3.7.4. The contract personnel shall immediately report any lost or stolen badges to the government personnel.

3.7.5. The contract personnel shall turn in all identification badges to the government personnel, or his/her designated representative upon termination of their services under this contract.

3.7.6. Vehicle Registration. TAMC is located on restricted access military installations. The Contractor/contract personnel shall comply with the local installation requirements for vehicle registration and operation on the military installation. A valid driver’s license, Government-furnished civilian identification, proof of insurance and current registration must be presented to the entry gate guard upon request.

3.7.7. All vehicles are subject to search. Contract personnel may encounter long delays for vehicle inspection and identification checks upon entering and exiting the installation. The Government will not reimburse the Contractor for time spent at installation checkpoints. Contract personnel must plan accordingly and report to work at their scheduled duty time, at their appointed place of duty within the MTF.

3.8. ORIENTATION AND TRAINING

3.8.1. The contractor shall comply with OTSG/MEDCOM Policy Memo 16-033, Policy for Reporting Incidents of Sexual Assault and Sexual Harassment under the Sexual Assault Prevention and Response Program (SHARP), Mar 29, 2016. The SHARP reporting requirements apply only to knowledge obtained by contract personnel while performing services under this contract.

3.8.2. The contractor shall require all contract personnel with knowledge of an incident of sexual assault occurring on a Government facility, to include a Government leased facility, where the contractor is providing services under this contract, to report the incident to the contractor who shall immediately (within 24 hours) report the incident in writing to the government's personnel. All incidents shall be reported whether they involve contract personnel or Government personnel, or other individuals.

3.9. OTHER REQUIREMENTS

3.9.1. Access and general protection/security policy and procedures. Contractor and all associated sub- contractors employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR Clause 52.204-9, Personal Identity Verification of Contract or Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

3.9.2. For contractors that do not require CAC, but require access to a DOD facility or installation. Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorists Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

3.9.3. AT Level I Training. For contractors that required a CAC, to include subcontractors, requiring access to Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 30 calendar days after contract start date and annually thereafter. The contractor shall ensure that all employees complete AT Level I Training within 30 calendar days of starting work and annually thereafter. The contractor shall submit certificates of completion for each affected personnel and subcontractor personnel, to the

Government representative or to the contracting officer, within 30 calendar days after completion of training by all employees and subcontractor employees. AT Level I awareness training is available at the following website:

https://jkodirect.jten.mil. CSPs without a CAC can complete the training and obtain their certificate at the following website: http://jko.jten.mil/courses/atl1/launch.html.

3.9.4. iWATCH Training. The contractor and all associated sub-contractors shall brief all personnel on the local iWATCH program (training standards provided by the MTF antiterrorism officer). This local developed training will be used to inform employees of the types of behavior to watch for and instruct to report suspicious activity to the Government representative.

The contractor shall submit documentation of iWatch training completion to the Government representative within 30 calendar days after contract award.

3.9.5. Operations Security (OPSEC) Training. The contractor shall ensure all employees complete OPSEC training within 30 calendar days of hire and annually thereafter IAW AR 530-1, Operations Security. The OPSEC training is available online at http://cdsetrain.dtic.mil/opsec/index.htm. The contractor shall submit course certificates to the Government representative within five calendar days of completion for each affected personnel.

3.9.6. Removal from Contract Work. The KO or Government representative may request the contractor immediately, temporarily or permanently, remove an employee (s) from the work site when it is determined that the employee’s behavior is contrary to the public interest, inconsistent with the best interests of security, or is identified as a potential threat to the health, safety, security, general wellbeing or operational mission of the facility and its population. The contractor shall comply with any removal request. For clarification, a determination to remove an employee will be made for, but is not limited to, incidents involving the most immediately identifiable types of misconduct or delinquency as set forth below: Law enforcement officers of the Military Police/Department of Homeland Security (DHS)/Immigration and Customs Enforcement (ICE)/Federal Protective Service (FPS) will have the authority to immediately remove any employee from the work site when delay in removal would not be in the best interest of the government, security, or is identified as a potential threat to the health, safety, security, general well-being or operational mission of the facility and its population. The KO and Government representative will be notified as soon after the incident as practical or at the beginning of the next business day if an action happened after hours. The KO will make all official notifications to the contractor.

3.9.7. For all contractors with security clearances. Per AR 381-12 Threat Awareness and Reporting Program (TARP), contractor employees must receive annual TARP training by a CI agent or other trainer as specified in 2-4b.

3.10. MTF HOURS OF OPERATION

3.10.1. TAMC provides services 24 hours a day, 365 days a year (366 days during leap years) including holiday. Clinics have designated operating hours.

3.10.2. Holidays. The following is a list of federal holidays. Any of the federal holidays falling on a Saturday will be observed on the preceding Friday, holidays falling on a Sunday will be observed on the following Monday:

New Year’s Day, January 1st

Martin Luther King’s Birthday, 3rd Monday in January

President’s Day, 3rd Monday in February Memorial Day, Last Monday in May

Juneteenth Day, June 19th

Independence Day, July 4th

Labor Day, 1st Monday in September Columbus

Day, 2nd Monday in October Veteran’s Day, November 11th

Thanksgiving Day, 4th Thursday in November Christmas

Day, December 25th

NOTE 1: Any holidays that are declared by Presidential Executive Order shall be observed in the same manner as the holidays listed above. Closures of the installation due to the inclement weather or other such acts of God shall be handled in the same manner.

3.10.4. Closures. During anticipated closure of the facility due to Command declared training holidays or during unplanned closure of the facility due to natural disasters, military emergencies, severe weather, or otherwise, the contractor shall not invoice the Government for services not performed and the Government will not be liable to the contractors for any such closures.

3.10.5. Deliver/Scheduling Process.

3.10.5.1. Routine Delivery and Pick-up:

3.10.5.2. The Contractor shall deliver, transport medical grade bulk liquid oxygen gas to TAMC between the hours annotated below excluding Federal Holidays. Delivery will be set on a weekly basis or as requested by the government personnel.

Location: TAMC:

Location Days of Work Time Tripler Army Medical Center F

Wing 2nd Floor Room 2F322 Tripler AMC, HI 96859

POC:

Diana Uchida (808-433-6317) John Garcia (808-433-3277) Donald Kalawaia (808-433-1736)

Wednesday 0730 AM NLT

3.10.5.3. The Contractor shall provide shipping documentation with applicable generator information pre-printed prior to conducting delivery/pick-up services at TAMC facilities. The necessary labeling, documentation and manifests required for transportation/disposal shall be completed in accordance with applicable public laws.

3.10.5.4. The Contractor Manager may be required to meet with the KO or government personnel upon request and as often as necessary to clarify or remedy outstanding issues and/or concerns. The government personnel or their designee will be responsible for communicating with the contractor regarding scheduling issues. The warehouse NCOIC may act as point of contact after normal duty hours, weeks, and holidays. In such cases, the government personnel shall confirm all actions on the next normal working day.

3.10.5.5. Contingency. In the event that contract driver arrives at TAMC and the government personnel cannot be reached:

3.10.5.5.1. Driver will attempt to contact Supply Chain Management Branch Warehouse at 808-433-9216 or 808- 433-9217 or 808-433-9215 or 808-433-1711.

3.11. INVOICING: The Contractor is responsible for submitting an accurate invoice.

3.11.1. The Contractor shall submit an electronic invoice on or before the end of the first week of each month for services performed in the prior month to TAMC government personnel. The invoice shall be forwarded according to the electronic billing clause. The Contractor will be required to process monthly invoices through the Government’s Wide Area Workflow (WAWF), Two in One payment process to the government personnel. The government personnel will review/verify electronic invoice and forward to DFAS for payment to Contractor. The invoice at a minimum will include the company information, invoice number, invoice date, CLIN number, unit price, unit of measure, quantity shipped, etc.

3.11.2. Utilizing the WAWF Two in One payment account process will account for the invoice to the generator. No hard copy of invoice is required to be sent to the generator.

3.11.3. Non-Compliance: In the event the contractor fails to accomplish services within the months specified, contract period, the entire agreement will be extended 30 days at no charge to the government.

4.0 QUALITY ASSURANCE SURVEILLANCE PLAN:

4.1. Inspection. The inspection and acceptance point for all services rendered under this contract will be the government personnel. The performance by the contract personnel, the quality of services rendered, and any documentation or written material in support of same, shall be subject to continuous inspection, surveillance and review for acceptance by the KO or government personnel. Any services rendered by the contract personnel or interaction with military/civilian personnel deemed unprofessional, threatening, or dangerous by the KO will be grounds for immediate termination for default or cause.

Quality Assurance procedures established by the MTF shall be used for continuous monitoring. Other performance evaluation factors will be monitored that are not quantified by numerical measurements which include: Contractor providing personnel not meeting the minimum qualification standards; Contractor relationship with hospital staff/Government contracting personnel; compliance with hospital healthcare policies and procedures.

4.2. Position Descriptions. Delivery and Transport of Medical Grade Bulk Liquid Oxygen Gas.

4.2.1. All work shall be performed by a trained/certified employee. The Contractor shall ensure that employees who handle, package, transport, label, mark, placard, prepare certificate of destruction documents will be trained in accordance with federal regulations governing Medical Grade Gases. The contractor shall provide certificate of training for its employees at the start of the contract. The Contractor shall comply with all terms, conditions, special contract requirements/conditions and specifications contained in the Contract or incorporated by reference.

4.2.2. The Contractor will be responsible for complying with federal, state, or local environmental regulations, laws and or policies, whichever is the most stringent.

4.2.3. The Contractor shall be able to read, write, and speak English well enough to effectively communicate with all other personnel. The Contractor will report to the work site fully equipped to perform services required. At no time shall the Contractor conduct delivery/transport of TACM’s medical grade liquid oxygen gases without a U.S. Government Representative (Military/Civilian) present.

4.2.4. The contractor shall have a back-up contingency plan in the event that their transport vehicle is unable to perform or become unavailable to meet transport requirements.

4.2.5. Contractor Permit. The Contractor will provide a full copy of the permit from the State of Hawaii, at the start of the contract and for renewal of permits thereafter as verification that the Contractor is permitted to transport medical grade gases, for the current permit year. Deviation or non-compliance to permit specifications may be deemed for termination of contract.

4.3. Environmental Impairment Liability coverage.

4.3.1. The Contractor will bear the cost of any Notice of Violation (NOV), fine or penalty for non-compliance enforced by local, state and federal regulatory environmental/safety/health agencies from its conduct. The coverage applies to but is not limited to: land, air or water pollution and the different modes of transportation (i.e. air, vessel, highway, rail, etc.)

associated with Contractor’s services.

4.3.2. To further and hold the United States Government harmless, the Contractor shall agree to the following: In the event of a spill or incident resulting from the Contractor’s services (i.e. picking-up, packaging, handling, storing, transporting, destructing, or disposing the Contractor agrees to pay all costs and expenses to remedy that spill or incident for non-compliance.

4.4. Subcontracted Functions.

4.4.1. If the Contractor is to subcontract this contract, the Contractor shall provide the KO with the name of the subcontractor and the type of work to be performed prior to commencing work. Subcontracted functions must be approved by the KO prior to commencement of work.

4.4.2. It is the Contractor’s responsibility to ensure and monitor their subcontractor’s compliance with all contract requirements regarding medical gases, security requirements, quality control, contract specifications and conduct while performing on the military installation.

4.4.3. Contract Closure. All work will be deemed complete when all required performance has been finished and concluded data has been received, certification of delivery received, and acceptance by the Government/final inspection has been completed.

4.5. No smoking policy. The Contractor shall comply with AR 600-3, Army Health Promotion for controlling the no smoking policy in Government buildings and facilities. Contractor employees shall eat and smoke in designated areas only.

5.0 APPLICABLE TECHNICAL ORDERS, SPECIFICATIONS, REGULATIONS, AND MANUALS.

5.1. Following is a list of basic publications applicable to this performance based statement of work. Additional publications may be listed by call. The Contractor is obligated to follow these publications. Current issues of Army publications and links to other service publications can be accessed at http://www.apd.army.mil/. Army publications not on the internet or MTF policies and procedures can be obtained from the MTF. Department of Defense publications can be found at www. Defenselink.mil/pubs or wwww.dtic.mil/whs/directives.

5.2. The Publications have been coded as mandatory or advisory. The Contractor is obligated to follow those coded as mandatory only to the extent that they apply to this contract. Supplements, amendments, or changes to these mandatory publications may be issued during the life of the contract. Advisory publications may be used for information and guidance but are not binding for compliance.

MANDATORY PUBLICATIONS

Public Law 91-596 29 Dec 70 Occupational Safety and Health Administration Public Law 104-191 21 Aug 96

Health Insurance Portability and Accountability Act (HIPAA) of 1996 AR Public Law 4 Dec 03 Fair and Accurate Credit Transaction Act (FACTA) of 2003 Public Law Gramm-Leach-Bliley Act Public Law Resource Conservation and Recovery Act (RCRA) Public Law Family Education Rights and Privacy Act (FERPA) 25-2 Information Assurance AR 40-1 Composition, Mission, and Functions of the Army Medical Department AR 40-3 Medical Services: Medical, Dental, and Veterinary Care AR 40-4 Army Medical Department Facilities/Activities AR 40-68 Clinical Quality Management AR 40-400 Patient Administration AR 340-21 The Army Privacy Program AR 385-40 Accident Reporting and Records and HSC Supplements

W81K0222Q0042

6.0 Acronyms and Definitions

AR - Army Regulation CAC - Common Access Card CFR - Code of Federal Regulations CLIN - Contract Line Item Number COR - Contracting Officer’s Representative COTR - Contracting Officer’s Technical Representative CVS - Contractor Verification System DA - Department of the Army DoD - Department of Defense DODI - Department of Defense Instruction EFT - Electronic Funds Transfer FAR - Federal Acquisition Regulation FSO - Facility Security Officer HIPAA - Health Insurance Portability & Accountability Act of 1996 MEDCENs - Army Medical Centers MEDCOM - Medical Command MHS - Military Healthcare System KO - Contracting Officer MTF - Medical Treatment Facility OSHA - Occupational Safety and Health Administration PAR - Performance Assessment Report POC - Point of Contact PWS - Performance Work Statement PL - Public Law QASP - Quality Assurance Surveillance Plan QC - Quality Control TAMC - Tripler Army Medical Center

CLAUSES INCORPORATED BY REFERENCE

52.212-4 Contract Terms and Conditions--Commercial Products and

Commercial Services

DEC 2021

ADDENDUM TO 52.212-4

(w) UNILATERAL MODIFICATIONS

In addition to 52.212-4(c), the Government may make unilateral modifications considered administrative in nature.

These include, but are not limited to, changes in the accounting and appropriation data, payment and issuing office addresses, and other corrections that have no effect on the terms and conditions of the contract.

(x) The non-FAR Part 12 discretionary FAR and DFARS clauses included herein are incorporated into this contract either by reference or in full text. If incorporated by reference, see clause 52.252-2 herein for locations where full text can be found.

(y) OTSG/MEDCOM Policy Memo 19-019 Implementation.

The contractor shall comply with OTSG/MEDCOM Policy Memo 19-019, Sexual Harassment/Assault Response and Prevention (SHARP) Program, 21 Mar 2019. The SHARP reporting requirements apply only to knowledge obtained by contractor personnel while providing the required supplies under this contract.

All contractor personnel with knowledge of an incident of sexual assault occurring on a Government facility, to include a Government leased facility, where the contractor is providing supplies under this contract shall immediately (within 24 hours) report the incident in writing to the government's contract POC. This reporting policy also applies to sexual assault incidents involving MEDCOM personnel that occur on the contractor’s owned or leased facility under this contract. All incidents shall be reported whether they involve contractor personnel or Government personnel, or other individuals, when the incidents occur on a Government facility or a Government leased facility.

All contractor personnel with knowledge of an incident of sexual harassment occurring on a Government facility, to include a Government leased facility, where the contractor is providing supplies under this contract shall immediately (within 24 hours) report the incident in writing to the government's contract POC. This reporting policy also applies to sexual harassment incidents involving MEDCOM personnel that occur on the contractor’s owned or leased facility under this contract. All incidents shall be reported whether they involve contractor personnel or Government personnel, or other individuals, when the incidents occur on a Government facility or a Government leased facility.

The contractor shall ensure contractor personnel associated with this contract receive Sexual Harassment/Assault Response and Prevention (SHARP) training not later than 60 calendar days after the effective date of this contract.

Training can be obtained either online or in person. If contract individuals have an AKO account, they can access online the Team Bound Self Study course through Army Learning Management System (ALMS) at http://www.atsc.army.mil/tadlp/delivery/alms.asp

Advisory Publications Army Regulation 600-20, Army Command Policy, 20 Sep 2012

Mandatory Publications OTSG/MEDCOM Policy Memo 19-019, Policy for Reporting Incidents of Sexual Harassment/Assault Response and Prevention (SHARP) Program, 21 Mar 2019.

Deliverables due

Sexual Assault Reporting. The contractor will immediately (within 24 hours) submit a written report of an incident of sexual assault to the Government contract POC.

Sexual Harassment Reporting. The contractor will immediately (within 24 hours) submit a written report of an incident of sexual harassment to the Government contract POC.

(z) TAS Reporting For reporting purposes, FAR Clause 52.204-10 Reporting Executive Compensation and First Tier Subcontract Awards, the Treasury Account Symbol (TAS) is 97 0130.

(End Addendum 52.212-4)

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020

52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(JUN 2020) -- Alternate I

DEC 2021

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

JUN 2020

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

JUN 2020

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities

DEC 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

DEC 2021

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

DEC 2021

52.219-4 (Dev) Notice of Price Evaluation Preference for HUBZone Small Business Concerns (DEVIATION 2020-O0008)

SEP 2021

52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2022 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-37 Employment Reports on Veterans JUN 2020 52.222-50 Combating Trafficking in Persons DEC 2021 52.223-3 Hazardous Material Identification And Material Safety Data FEB 2021 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases DEC 2021 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-18 Availability Of Funds APR 1984 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-37 Multiple Payment Arrangements MAY 1999 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2021

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-13 Bankruptcy JUL 1995 52.244-2 Subcontracts JUN 2020 52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-16 Responsibility For Supplies APR 1984 52.247-34 F.O.B. Destination NOV 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7018 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services

JAN 2021

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials

SEP 2014

252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors--

Prohibition on Fees and Consideration

APR 2020

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012

CLAUSES INCORPORATED BY FULL TEXT

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015)

(a) Definitions. As used in this clause--

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Subsidiary means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

(b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, the Government may be prohibited from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.

(c) Exceptions to this prohibition are located at 9.108-2.

(d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer within five business days from the date of the inversion event.

(End of clause)

52.216-18 ORDERING. (AUG 2020)

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

2022 through 30 September 2027.

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

(c) A delivery order or task order is considered "issued" when--

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

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

(3) If sent electronically, the Government either--

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

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

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

52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $3500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of a quantity of 150,400 units;

(2) Any order for a combination of items in excess of a quantity of 150,400 units; or

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

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

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

52.216-22 INDEFINITE QUANTITY. (OCT 1995)

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

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

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

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 30 September 2027.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days before the contract expires; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (DEVIATION 2020-O0008) (OCT 2020)

(a) Definition. Small business concern, as used in this clause--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(2) Affiliates, as used in paragraph (a)(1) of this clause, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) Applicability. This clause applies only to—

(1) Contracts that have been totally set aside for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) General.

(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(d) Agreement.

(1) For a contract or an order at or below the simplified acquisition threshold, a small business concern may provide the end item of any firm. For a contract or an order exceeding the simplified acquisition threshold, a small business concern that provides an end item it did not manufacture, process, or produce, shall—

(i) Provide an end item that a small business has manufactured, processed, or produced in the United States or its outlying areas;

(ii) Be primarily engaged in the retail or wholesale trade and normally sell the type of item being supplied; and

(iii) Take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice; for example, providing storage, transportation, or delivery.

(2) For contracts or orders for multiple end items, at least 50 percent of the total value of the contract or order shall be manufactured, processed, or produced in the United States or its outlying areas by small business concerns.

(3) Paragraphs (d)(1) through (2) of this clause do not apply to construction or service contracts.

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (SEP 2021)

Long-term contract means a contract…