Inactive

Attachment B: Statement of Work (SOW) Medical Gases and Gas Cylinders SCOPE: The purpose of this requirement is to establish consolidated contracts for medical cylinder gases utilized at the VA medica... Attachment B: Statement of Work (SOW) Medical Gases and Gas Cylinders SCOPE: The purpose of this requirement is to establish consolidated contracts for medical cylinder gases utilized at the VA medical facilities throughout Veterans Integrated Service Network (VISN) 23. Specific locations are outlined in Attachment A, Facility Locations. The gases to be purchases include, but are not limited to, Compressed Medical Air USP, Oxygen USP, Carbon Dioxide USP, Nitrogen NF, Nitrous Oxide USP, Helium USP, and other specialty medical gas mixtures. A full list of current known medical gas needs is outlined in Attachment B, Schedule of Items. The Government may request additional medical gasses or specialty mixtures at any time during the contract period of performance. All contract terms and conditions shall remain the same and agreed upon rates for additional medical gasses will be documented through a bilateral modification to the contract. The contractor must comply with the delivery frequencies specified per delivery location as outlined in Attachment A. The Contractor shall have a facility and/or resources physically located in the geographic areas in which they will provide supplies. The contract items and quantities shown in Attachment B are estimates of each ordering activity s annual requirements. There is no express or implied guarantee that these quantities will be purchased. Attachment A will depict whether the contractor will fill Government-owned cylinders, provide contractor-owned cylinders, or be servicing the facility with a combination of both. The Government is anticipating awarding a fixed price indefinite delivery indefinite quantity (IDIQ) contract with a base year plus four (4) option year period of performance to commence June 2020. The contractor will be provided with the name and contact information of the contracting officer representative (COR) within 20 days after award of the contract. The COR will provide the contractor with the names and contact information of the designated points of contact (POC) for each ordering activity. The COR is responsible for the contractor s adherence to the contract terms and conditions and is the primary liaison between the contracting officer (CO) and the contractor and ordering activity POCs. If an issue cannot be resolved between the COR and contractor, the matter shall be referred to the CO for resolution. The ordering activity POCs are responsible for determining specific ordering details for their location s medical gas requirements such as, but not limited to: ordering method, ordering quantities, types of gas, and delivery instructions. If an issue cannot be resolved between the ordering activity POC and the contractor, the matter shall be referred to the COR for resolution. GOVERNMENT-OWNED PROPERTY: Government-owned cylinders and appurtenances that do not comply with applicable Federal, state, and local regulations or are not in acceptable use for healthcare environments shall not be filled. The contractor shall immediately provide the ordering (owning) activity and COR written documentation with adequate justification to support the contractor s finding(s) and removal from service. If the cylinder and/or appurtenance is repairable, the ordering (owning) activity may request the contractor to furnish repairs. The contractor will provide the ordering (owning) activity with a quote for supplies and services that is deemed fair and reasonable to standard market pricing. A separate contract line item number (CLIN) will be available on this contract for the Government to add funds specifically for payment of Government-owned cylinder and/or appurtenance repairs. For repairable Government-owned cylinders and appurtenances, the Government reserves the right to acquire repair services from a third-party vendor or dispose of the item(s) in accordance with paragraph 7. Government-owned cylinders damaged while in the contractor s possession shall be repaired by the contractor at no cost to the Government. If the Government-owned cylinder is damaged beyond repair or lost while in the contractor s possession, the contractor shall replace the lost or non-repairable cylinder with a cylinder that is in equal-to or better condition than the cylinder that was non-repairable or lost. The replacement cylinder will then become the property of the Government. The Government-owned cylinder is considered lost if the contractor cannot locate and return the cylinder within thirty (30) days from the date the ordering (owning) activity reports the missing cylinder. If a lost Government-owned cylinder is located by the contractor after the time allotted in paragraph 2.5.1 and the contractor has replaced the lost cylinder as stated in paragraph 2.5, the cylinder located by the contractor will become the property of the contractor. Individual Agency Ownership of Cylinders: Government-owned cylinders shall remain the property of the individual ordering (owning) agency and shall not be exchanged for other cylinders, either government-owned or contractor-owned, without authorization from the ordering activity. 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. The contractor shall fill each cylinder to the maximum functional capacity during each refilling procedure unless otherwise specified in the facility requirements. Each Government-owned medical gas cylinders and appurtenances shall be returned one for one to match the pick-up number. CONTRACTOR-OWNED PROPERTY: All contractor-owned equipment, products and materials shall be installed, inspected, maintained and repaired by the contractor repaired in accordance with FDA s CGMP Regulations and shall be kept in good operating condition, clean, and rust free. Any costs related to this shall be included in the monthly rental fee. Stations have a right to refuse cylinders that do not comply with applicable Federal, state and local regulations or are not in acceptable use for healthcare environments. The ordering activity shall provide the contractor legible written documentation to include, at a minimum: date, ordering activity name and location, cylinder unique identifier (i.e. serial number), justification for cylinder refusal, printed and signed name of the responsible ordering activity POC. Including pictures or photos of the rejected cylinder with the written documentation, while not mandatory, are preferred. If the contractor accepts the ordering activity s cylinder refusal, the contractor shall date, print and sign their name on the documentation that was provided by the ordering activity and replace the rejected cylinder within twenty-four (24) hours at no additional cost to the Government. A copy of the signed documentation is to be sent to the contractor and COR. The original documentation shall be stored electronically or hardcopy at the ordering activity s location. If the contractor disagrees with the ordering activity s cylinder refusal justification, the contractor shall provide a legible written rebuttal to the ordering activity within twenty-four (24) hours. The contractor shall date, print and sign their name and submit their rebuttal to the CO, with copies being sent to the ordering activity and COR, for resolution. Replacement of contractor-owned equipment already in-use by the ordering activity shall be exchanged in a manner that will not interrupt gas supply or ordering activity operations. Any concerns with interrupting gas supply or operations shall be discussed with the ordering activity prior to equipment exchange. If an agreement cannot be made between the contractor and ordering activity, the matter will be referred to the CO for resolution. Contractor-installed equipment on the property of the ordering activity shall remain the property until expiration or termination of the contract or when directed by the ordering activity, COR or CO. Upon contract expiration or termination, the contractor shall remove the equipment in full cooperation with the succeeding contractor to avoid any interruption of gas supply or ordering activity operations. Each ordering activity that requires installation of contractor-owned equipment shall provide a suitable location and foundation for the contractor-owned cylinder(s) in accordance with Current Good Manufacturing Practices (CGMP) standards. Each ordering activity shall provide access to an electrical power source and hook-up to a facility-maintained alarm system. The Contractor shall perform the hook-up of contractor-owned equipment to the facility-maintained medical gas manifolds at no additional cost to the Government. Rental fees shall apply to contractor-owned cylinders in the possession of the ordering activity. The contractor shall submit invoices in sequential monthly cycles with the same start and end days of each month throughout the contract s period of performance. For example, if the billing period start date is the 26th then the monthly rental cycles shall be from the 26th day of the month through the 25th day of the following month. The monthly rental start date shall coincide with completed phase-in as described in paragraph 4.1. For partial month rentals, the contractor shall use the following formula to prorate the rental fee: (Number of days from start of monthly rental cycle ÷ 30 days) × monthly rental fee = prorated fee billed to Government Example: (10 days ÷ 30 days) x $1000 = $333.33 Ordering activities returning empty contractor-owned cylinders by common carrier shall notify the contractor in writing of the quantity and size of cylinders, the date they were turned over to the carrier and any tracking information given by the carrier. Rental charges for those returned cylinders shall be discontinued following the date the cylinders were turned over to the carrier. Lost or Damaged Contractor-Owned Cylinders: The contractor s proposal shall include the cylinder replacement cost for each item listed on Attachment B. For each contractor-owned cylinder lost or damaged beyond repair while in the Government s possession, the Government shall pay to the contractor the replacement cost in Attachment B, less the allocable rental paid for that cylinder. These cylinders shall then become Government property. If any lost cylinder is located within six months from the date the replacement cost was paid by the Government to the contractor, the cylinder may be returned to the contractor, and the contractor shall refund the Government the replacement cost, less rental, for every thirty (30) calendar days from date of payment from the Government to the date the cylinder was returned to the contractor. Changes to replacement cylinder costs may be proposed by either the Government or contractor and will be considered for contract modification only if proposal is in line with standard marketplace costs. All cylinders must have a unique barcode label affixed to the cylinder that allows for scanning capabilities. For contractor-supplied tracking systems that utilize barcodes or mechanism that requires scanning cylinders, the contractor is responsible for ensuring all cylinders have required barcodes, labels, etc. affixed and scannable. For cylinders that do not have a barcode label affixed to the cylinder by the contractor, the Government reserves the right to adhere a barcode label to the cylinder. CONTRACT TRANSITION: Phase-In: The phase-in refers to the delivery and installation of contractor-owned equipment at each ordering activity in Attachment A. All medical gases, equipment and requirements leased under this contract must be delivered, installed and fully functioning by either the effective date of the contract or no later than sixty (60) calendar days after receipt of contract award notice, whichever is furthest. The billing period shall commence on the date of fully completed phase-in. The contractor shall submit a preliminary phase-in strategy plan with their proposal. The preliminary phase-in strategy plan is subject to approval and/or revision by the COR or ordering activity. The contractor shall meet with the COR and ordering activity stakeholders for a kick-off meeting no later than ten (10) business days after notice of contract award. The purpose of the kick-off meeting is to discuss technical and contracting objectives and review the contractor s project plan. The kick-off meeting will be held at the VISN 23 VA Midwest Healthcare Network Office or via teleconference. The contractor shall not commence performance until the kick off meeting has been conducted or has been waived by the COR. At the kick-off meeting, the contractor shall provide the following to the COR: A Project Communications Plan. The Project Communications Plan shall include a list of names, contact information and roles for the contractor staff who will be supporting this contract during the phase-in and ongoing project management through the contract period of performance. A draft Implementation and Delivery Plan to include milestone dates for Government review and comment. The COR will provide written approval of the Implementation and Delivery Plan no later than five (5) business days after the kick-off meeting. The draft Implementation and Delivery Plan shall include milestone dates or a timeline showing the contractor s ability to meet the effective date of the contract or the sixty (60) calendar day requirement as described in paragraph 3.11.1. The contractor shall provide all resources required to ensure a seamless transition from the incumbent contractor in accordance with contract requirements. The contractor shall complete the phase-in with NO interruption of service or interference with healthcare operations. The phase-in plan shall cover all aspects of the delivery and installation of medical gas equipment including but not limited to: Customer/user education regarding the phase-in plan; Ordering activity implementation schedule; Key personnel listing including contact information; Electrical requirements, if applicable; Method of initial supplies delivery; Routine delivery instructions; Emergency delivery instructions; Vehicle identification for facility access, if applicable; Logistic requirements including loading dock, freight elevator and/or physical access size requirements; Cylinder identification labels; Material Safety Data Sheets (MSDS); Operator s manual (printed or electronic), if applicable; Administrative training, if applicable; Administration follow-on support; Web-based portal user training and information, if applicable; User guide on available contractor-provided on-demand reports; Any other information the contractor deems pertinent to phase-in or contract requirements. Phase-Out: At the end of the contract, the incumbent contractor who is not awarded this contract shall provide all resources required to ensure a seamless transition with no interruption of service or interference with healthcare operations. The Government intends to sustain a maximum level of customer support during this period. All resources and personnel needed to complete all phase-out requirements shall be provided by the contractor at no additional cost to the Government. The incumbent contractor shall not remove any supplies or equipment from the ordering activity until replacement supplies and equipment have been installed. The incumbent contractor shall be reimbursed at the contract rate for all time exceeding the contract period in which the supplies and equipment must remain. The Government will require the incumbent Contractor to cooperate fully with the new contractor to ensure a smooth transition period. Following the date the ordering activity and contractor agree all resources have been efforts have been made to locate and remove cylinders from the ordering activity location, the contractor shall be allotted sixty (60) calendar days to submit all outstanding invoices and claims for lost or damaged cylinders to each ordering activity. Failure to meet this criterion shall result in complete forfeiture of all claims and invoices against the Government and the contract shall be closed. Disagreements on outstanding invoice and claims shall be referred to the CO for resolution. The incumbent contractor shall provide a detailed phase-out plan for removing all cylinders and equipment from the ordering activity. A preliminary phase-out plan shall be provided no later than sixty (60) calendar days prior to the end of the contract. The timeline for completion of phase-out shall not exceed sixty (60) calendar days after the end of the contract. Preliminary phase-out plan is subject to approval and/or revision by the COR and CO. A finalized phase-out plan shall be provided no later than thirty (30) calendar days prior to the end of the Contract. The Contractor s written phase-out plan shall include, but is not limited to: Administrative matters (current personnel listing, if applicable, including phone numbers); Out-processing of badged personnel, if applicable; Customer support; Vehicle identification and hang tags returned, if applicable; Timeline for removal of cylinders and equipment by ordering activity; Resolution on any outstanding invoices or billing issues; Final invoices; Timeline for cylinder audit as outlined in paragraph 5.1; and Excess supply removal, if applicable The incoming contractor shall coordinate with the incumbent contractor to establish phase-out and removal schedules of cylinders and equipment that complement the incoming contractor s phase-in plan. The Government reserves the right to direct phase-out schedules different from those proposed by the incumbent contractor. The incumbent contractor s reporting and data collection system(s), web-based or otherwise, shall remain operational and accessible to the COR and ordering activities for the duration of the phase-out. All performance requirements of this contract and any delivery orders will remain in effect until all of the incumbent contractor s supplies and equipment have been removed in their entirety. CYLINDER TRACKING During contract transition, the incumbent and incoming contractors shall conduct their own separate inventory audit at each ordering activity listed in Attachment A documenting the number of contractor-owned and Government-owned cylinders for each gas listed in Attachment B. The documentation shall have the contractor s auditing personnel s printed name, signature and date and be forwarded to the COR and ordering activity POC. The contractor shall submit an innovative plan with their proposal for tracking medical gas cylinders being delivered to and from the ordering activity. The cylinder tracking plan shall be provided by the contractor with no additional cost to the Government. The primary purpose of this plan will be to provide a mechanism to allow the ordering activity POCs on-demand access to view or extract data related to all cylinders, contractor-owned and Government-owned, that are moving in and out of their respective facility. The cylinder tracking plan shall include, but is not limited to: Method used for data entry and extraction (i.e. web-based portal, Microsoft Excel spreadsheet, SharePoint, email, etc.); Mechanism for data entry (i.e. barcode scanning, handwriting serial numbers, photos, etc.); How and when Government will be able to extract data; What type of data will be entered and stored; Limits on access to Government employees, if applicable; Any technology, equipment, software, etc. that requires connection to the Government network, if applicable; and Any other pertinent information related to the cylinder tracking plan If the contractor has an impending tracking system or one that is not yet fully operational but would like to submit as part of their proposal, the contractor shall include a timeline for implementation which must coincide with the phase-in timeline as described in paragraph 4.1. Impending cylinder tracking systems that will not be fully operational by the conclusion of the contract transition shall not be submitted as part of the contractor s proposal. Although not required, if the contractor has a system for tracking medical gas cylinders within an ordering activity s facility after the cylinders have been delivered by the contractor to the ordering activity, the contractor shall submit a tracking plan with their proposal. The cylinder tracking plan shall include, but is not limited to, all items listed under paragraph 5.2.1. CONTRACTOR-FURNISHED REPORTS The contractor shall submit in their proposal their available on-demand reporting capabilities for the CO, COR and/or ordering activities in relation to usage statistics, cost data, cylinder tracking and any other report types that may be beneficial for the Government. Suggested reporting capabilities per type of report shall contain, but are not limited to: Usage: Actual deliveries for any given set of dates; Average deliveries per week/month/year; Average deliveries per week/month/year per gas type; and Any other reports related to usage that may be beneficial for the ordering activity Cost: Actual billing data Average cost per delivery; Average cost per week/month/year per medical gas; and Any other reports related to cost that may be beneficial for the CO, COR and/or ordering activity Cylinder tracking: Perpetual delivery, pick-up and location data per cylinder; and Any other reports related to cylinder tracking that may be beneficial for the ordering activity The contractor s reporting capabilities proposal shall include detailed information on how the data is collected by the contractor (to ensure accuracy of data), the vehicle to which the reports will be distributed (i.e. web portal, email, fax, in-person delivery, etc.) and how the data will be viewed by the CO, COR and/or ordering activity (i.e. web portal, Excel spreadsheet, Word document, hand-written on paper, etc.). MEDICAL GAS SPECIFICATION AND REQUIREMENTS: All medical gases shall conform to the most recent specifications prescribed in the United States Pharmacopoeia (USP) and the National Formulary. The contractor, medical gas manufacturers and fillers of medical gases utilized in conjunction with this contract shall be registered with the U.S. Food and Drug Administration (FDA), and all medical gases shall be manufactured, processed, packaged, transported, and stored according to the FDA s CGMP regulations and Title 21, Code of Federal Regulations (CFR), Parts 201, 210, 211, 820 for labeling. All products, equipment and services provided under this contract shall be in compliance with all applicable Federal, state and local regulations. In addition, the following specifications are incorporated into this contract: Federal Specification BB-A-1034B, Compressed Air, Breathing, dated 12/20/1985. Federal Specification BB-C-101D, Carbon Dioxide (CO2): Technical and USP, dated 3/17/2011. c. Compressed Gas Association (CGA) Publication G-7, Compressed Air for Human Respiration, dated 9/26/2019 and ANSI/CGA G-7.1 Commodity Specification for Air, dated 3/6/2018. Material Safety Data Sheets shall be provided to the COR or ordering activity upon request. The COR or ordering activity may request training on procedures associated with safety data and maintaining medical gas cylinders. A copy of all completed reports for any contractor-owned or Government-owned system inspection that is required by regulation shall be provided to the ordering activity. ORDERING PROCEDURE: Delivery orders shall be ordered by an agreed-upon means between the contractor and the ordering activity. The contractor must have the capability to accept orders via email, phone, fax or web-based portal, if available. Each ordering activity may prefer a different ordering method, and the contractor shall have the capability of accommodating each ordering activity s request, if reasonable. Web-based portal ordering systems are considered the preferred method. Routine non-emergent orders shall be accepted by the contractor until 12:00pm local time on the day before the next scheduled delivery date. Each delivery order by the ordering activity shall contain, at a minimum, the following information: Date of the order; Contract number; Purchase order number; CLIN description and unit price; Quantity ordered; Total amount of order; and Location of delivery, if different from standard delivery location The contractor shall provide each ordering activity written instructions on how each ordering activity is to request routine non-emergent deliveries outside of standard business hours and on weekends/holidays. Standard business hours are defined as Monday through Friday from 8:00am to 4:30pm local standard time. The contractor shall provide each ordering activity written instructions on how each ordering activity is to request emergency deliveries. The instructions shall include a contingency plan should the primary method fail. If the emergency ordering instructions differ by date (weekdays vs weekends/holidays) and/or time (standard vs. non-standard business hours) in which the emergency order is made, the contractor shall reflect this in their instructions or create multiple instructions in relation to the date/time of emergency. For example, the emergency ordering instructions may differ if the emergency occurred on a weekend rather than a noon on a weekday. Order confirmations: Routine non-emergent orders shall be confirmed as received by the contractor within twenty-four (24) hours of order submission by the ordering activity (not counting weekends or Federal holidays) or by 12:00pm local time on the day before the next scheduled delivery date, whichever occurs first. Emergency orders shall be confirmed as received by the contractor within one (1) hour of order submission by the ordering activity, regardless of the date and time of order. DELIVERY REQUIREMENTS: Delivery dates and times are specified on Attachment A. Delivery dates and/or times can be altered unilaterally by the Government if the proposed time is between Monday and Friday between 8am and 4pm local time. The contractor may propose an alternative delivery date and/or time but will only be effective if mutually agreed upon between the contractor and COR or ordering activity. Failure of the contractor to meet routine non-emergent delivery criterion as stated in paragraph 9.1 shall be reported to the COR and CO. All delivery dates exclude weekends and federal holidays unless bilaterally agreed upon by the contractor and COR or ordering activity. The delivery dates may be specified by: the number of calendar days after receipt of order; a specific day or days of the week; a specific time interval between deliveries; a specific reordering point; or other mutually agreed upon delivery method or timeframe. Each ordering activity will provide the contractor reasonable access to the facility. A valid Certificate of Analysis shall be provided with each delivery of medical gases. The certificate shall include, at a minimum: Supplier s name and complete address Name of the product An Air Liquefaction Statement, where appropriate Lot number or other unique identification number Actual analytical results for full U.S.P. monograph testing. Documentation that only states the product meets the minimum purity of 99.5% is not acceptable Test method used to perform the analysis. A statement such as Meets U.S.P. specifications is not acceptable. A statement such as Tested via Servomex is not acceptable as the specific model number is not provided. Signature and date of authorized supplier representative. Cylinders shall be filled to the maximum functional capacity during each refilling unless specified otherwise within the contract. The contractor shall agree to add new delivery locations that are within a sixty (60) mile driving distance from the contractor s or subcontractor s medical gas fill station without any changes to contract terms, conditions or pricing. For any new delivery locations proposed by the Government that are further than a sixty (60) mile driving distance from the contractor s or subcontractor s medical gas fill station, the contractor may propose changes to the contract terms, conditions and/or pricing for the Government to consider. If the Government does not agree to the contractor s proposed changes, the Government reserves the right to acquire medical gases from another contractor. The driving distance mileage will be determined by shortest route provided by Google Maps. As long as the minimum quantity ordered is met within this contract, the Government reserves the right to remove any delivery locations at any time throughout the contract period of performance within penalty or reprisal from the contractor. Backorders: The contractor shall notify the COR and each affected ordering activity of a backorder within one (1) hour of the backorder being identified. The notification shall include: what is on backorder, details of the marketplace shortage, and an estimated date of when the order will be fulfilled. The contractor shall identify on their proposal any medical gases that can be classified as difficult to fill or likely to be placed on backorder by highlighting the item in Attachment B and by providing a statement justifying the contractor s classification. The contractor shall, on a quarterly basis, review Attachment B for medical gases that can either be removed from or added to the difficult to fill or likely to be placed on backorder classification. If any changes from the previous quarter, the contractor shall provide the COR and each ordering activity an updated Attachment B with highlights and justifications. Each week the backorder is not fulfilled, the contractor shall provide a status update to the COR and ordering activity. The status update shall include: what is on backorder, the elapsed time from the initial backorder notification (i.e. the total time the item(s) has been on backorder), any additional details of the marketplace shortage, and an updated estimated date of when the order will be fulfilled. The Government retains the right to investigate the backorder situation to determine the cause of the backorder and to aid during the backorder period. Cancellation of a backorder by the contractor without acceptable justification shall be considered a failure to perform and will be reported on the contractor s annual performance evaluation. Continuous backorders or backorder cancellations without acceptable justification may be considered for termination of the contract. The contractor shall maintain a minimum 95% fill rate for each routine non-emergent order. The fill rate will be calculated by dividing the number of actual filled cylinders delivered to the ordering activity and the number of filled cylinders that were ordered by the ordering activity. This performance metric will be reviewed periodically throughout the contract to ensure the contractor is meeting the minimum fill rate. Failure to meet this performance metric will result in a contract deficiency report (CDR). Continuous failures to meet this metric will be reported on the contractor s annual performance evaluation or may result in termination of the contract. Each delivery must contain a legible delivery ticket containing the following, at a minimum: Contract Number; Purchase Order Number; Date of Order; Date of Delivery; Item number and/or product identification number; Number of cylinders being delivered; Number of cylinders being picked up; Delivery driver printed name and signature A copy of the delivery ticket will be given to the ordering activity. The contractor shall be notified by the ordering activity of the count and type of empty cylinders ready for return. If the contractor fails to pick up the empty cylinder(...