Sources Sought: Oxygen, Medical Gases and Cylinder Rentals
Sources Sought Notice Number: IHS-SS-25-1512859
This Sources Sought Notice is for informational and planning purposes only and shall not be construed as a solicitation, an obligation or commitment by the Indian Health Service.
This notice is intended strictly for market research to determine the availability of Indian Small Businesses Economic Enterprise (ISBEE), Indian Economic Enterprises (IEE), or Other Small Businesses.
Your responses to the information requested will assist the Government in determining the appropriate acquisition method, including whether a set-aside is possible. The anticipated applicable NAICS code for this acquisition is 325120, This U.S. industry comprises establishments of health practitioners having the degree of M.D. (Doctor of Medicine) or D.O. (Doctor of Osteopathy) primarily engaged in the independent practice of general or specialized medicine (except psychiatry or psychoanalysis) or surgery. These practitioners operate private or group practices in their own offices (e.g., centers, clinics) or in the facilities of others, such as hospitals or HMO medical centers.
General
Background
The Mission of the Wagner Health Care Center is to provide the best possible healthcare services to the patients on the Yankton Sioux Reservation in South Dakota. To meet this mission, the WHCC is requesting an all-inclusive, non-personal service contract with base plus four (4) one (1) year options for oxygen, medical gases and cylinder rental services.
Objective
The Wagner Health Care Center overall objective is to obtain oxygen, medical gases cylinder rental service at the lowest price while meeting the minimum technical requirements. Minimal technical requirements are outlined in the sections Quality Assurance Specification and Requirements and the Delivery or Deliverables.
Scope of Work
The contractor shall provide oxygen, medical gases and cylinder rentals. The contractor shall provide transportation of oxygen, medical gases and cylinders to and from the Wagner Health Care Center. Items shall be delivered to Wagner Health Care Center in Wagner, SD at a minimum of once a month.
Period of Performance
Base Year: 08/01/2025 to 07/31/2026
Option Year 1: 08/01/2026 to 07/31/2027
Option Year 2: 08/01/2027 to 07/31/2028
Option Year 3: 08/01/2028 to 07/31/2029
Option Year 4: 08/01/2029 to 07/31/2030
Place of Performance
Wagner Health Care Center
111 Washington AVE NW
Wagner, South Dakota 57380
Applicable Documents
Quality Assurance Specification and Requirements
All medical gases shall conform to specifications prescribed in the United States Pharmacopeia and the National Formulary. All medical gas manufacturers and fillers of medical gases shall be registered with the FDA; and all medical gases shall be manufactured, processed, packed, transported and stored according to the FDA’s Current Good Manufacturing Practice (CGMP) regulations and Title 21, Code of Federal Regulations, Parts 210.211 and 201 for labeling.
In addition, the following specifications are incorporated into the solicitation and resulting contracts:
- Federal Specification BB-A-1034B, Air, Compressed, for Breathing Purposes Dated 20-Dec-1985
- Federal Specification BB-A-101B, Carbon Dioxide (C02) Technical and USP Dated 15-Apr-1971
- Compressed Gas Association (CGA) Publications G-7 – Compressed Air for Human Respiration, dated 1/1/90 and ANSI/CGA G-7.1- Commodity Specification for Air, dated 12/29/97
All products, equipment, and services provided under the contracts awarded under this solicitation shall follow all applicable Federal, State and local regulations.
Cylinders and other Containers
Laws and Regulations:
Cylinders and other containers for gaseous and liquid forms of gases shall comply with the Department of Transportation specifications and shall be maintained, filled marked, labeled, and shipped to comply with current DOT regulations (Title 49-Transportation, Code of Federal Regulations.) Filling, packaging, labeling, etc., for medical gases shall also comply with the Federal Food, Drug and Cosmetic Act. Gauges, thermometers and relief valve shall be included in new bulk oxygen tank installation.
Marking:
In addition to marking required by the aforementioned laws and regulations, marking shall comply with CGA Publication C-7 – Guide to Preparation of Precautionary labeling and Marking of Compressed Gas Containers, dated 6/27/00.
Color Coding:
Cylinders shall be color coded in accordance with CGA Publication C-9 – Standard Color Marking of Compressed Gas Containers Intended for Medical use, dated 1/1/88.
Valves:
Valves shall comply with CGA Safety Bulletin SB-26 and CGA Publication V-1 Compressed Gas Association Standard for Compressed Gas Cylinder Valve Outlet and Inlet Connections, dated 12/31/00. Valve protection caps for cylinders designed to receive such caps shall be securely attached to the cylinders in a manner to protect the valves from injury during transit and delivery to the purchaser’s receiving area. For liquid containers, all fittings must be permanently brazed to prevent their removal. In addition, each container should contain a 380-degree cyrob and applied at the top of the container with the drug product name repeated around the entire container.
Hydrostatic Testing:
Retest Date: If applicable DOT regulations would require retesting of cylinder within three (3) months after scheduled date of shipment to Continental U.S. destination or within six (6) months after scheduled date of shipment to overseas destination, cylinder shall be retested. Contractor will be required to retest any Government-Owned cylinder when requested by ordering activity, regardless of scheduled retest data.
Hydrostatic testing shall be performed in accordance with CGA’s Publication – C-1, Methods for Hydrostatic Testing of Compressed Gas Cylinders, dated 12/01/96.
Visual inspection shall be performed in accordance with the applicable CGA Publications C-6, Standards for Visual Inspection of Steel compressed Gas Cylinders, dated 4/1/95.
Cylinder Sizes:
Cylinder sizes shown in the item description indicate product capacity of the cylinder currently being used. All capacities are approximate, and the Government shall be billed only for the actual amount of gas delivered. In accordance with the Federal Food, Drug and Cosmetic Act, the actual contents of the container must appear on the label.
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 of the ordering agency.
Method of Shipment:
Empty Government-owned cylinders that are picked up from an ordering facility for re-fill or servicing shall be transported according to the Department of Transportation Regulations, using normal commercial practice to prevent damage to cylinders.
Transportation of Cylinders:
All transportation charges for empty government-owned and contractor-owned cylinders from the ordering facility to the contractor’s facility shall be at the expense of the contractor.
Contractor Quality Assurance.
The Contractor shall allow the Government to evaluate the quality of services provided with the technical requirements of this contract. This assessment will include the delivery schedule, compliance of laws and regulations, delivery receipts and Material Safety Data Sheets. An assessment spreadsheet will be created monitored by the Facility Manager and the Contracting Officers’ Representative (COR). This assessment spreadsheet may be used as a record of contract performance history for the purpose of evaluation in other competitive or non- competitive acquisitions.
Performance Surveillance Plan
Performance surveillance monitors will be established to comply with regulatory guidelines and to monitor contract performance. The performance surveillance plan has been developed to outline the Indian Health Service’s general plan in providing effective and systematic surveillance and reporting of all aspects of contract performance. This plan recognizes the responsibility of the Contractor to carry out its own quality control obligations in the performance of this contract.
Surveillance will be accomplished through review of the Contractor’s performance against requirements listed in the performance work statement and performance standards listed in this plan.
Upon completion of the contract, the Government will complete and keep on record the Contractor’s performance evaluation form based on the following objectives.
OBJECTIVE/ TASK
PERFORMANCE STANDARD
ACCEPTABL E QUALITY LEVEL (AQL)
SURVEILLANCE METHOD
/ MEASURES
PERFORMANCE OBJECTIVE 1
The contractor shall establish a delivery schedule to meet the technical requirements of the PWS.
The contractor shall establish a delivery schedule for deliveries at a minimum of once a month
90%
compliance, no deviation
Contractor shall submit monthly
schedule of delivery dates to the
Facility Manager and COR.
PERFORMANCE OBJECTIVE 2
The contractor is aware of all laws and regulations related to delivery of medical gases and cylinder rentals.
All Contract Personal comply with all laws, regulations and policies relating to delivery of medial gases and cylinder rentals.
100%
compliance, no deviation
The contractor shall provide copies of
all required certifications to the Facility
Manager and COR upon award of
purchase order.
PERFORMANCE OBJECTIVE 3
The contractor shall provide delivery documentation of medical gases and cylinder rentals.
The contractor shall provide delivery documentation to Facility Manager and COR related to the delivery and pickup of medical gases and cylinder rentals.
100%
compliance, no deviation
The contractor shall provide delivery
and pickup documentation of medical
gases and cylinders to the Facility
Manager and COR for each delivery and
pickup.
PERFORMANCE OBJECTIVE 4
The contractor shall provide Material Safety Data Sheets.
The contractor shall provide Material Safety Data Sheets to the Facility Manager and COR.
100%
compliance, no deviation
The contractor shall provide Material
Safety Data Sheets to the Facility
Manager and COR at a minimum of
quarterly and upon ordering a new
medical gas.
PERFORMANCE OBJECTIVE 5
The contractor shall provide emergency delivery service for medical gases.
The contractor shall provide emergency delivery service of medical gases within 24 hours of being contacted.
100%
compliance, no deviation
The contractor shall provide delivery documentation of medical gases and
cylinders to the Facility Manager and
COR for each delivery made on an
emergency basis.
Delivery or Deliverables
The delivery and return of rented oxygen, medical gas and cylinders shall be between 8:00am to 5:00pm Monday through Friday. If delivery falls on a government holiday, the delivery shall be on the next following business day.
Deliveries are to be made at a minimum of once a month. Adjustments to the delivery schedule can be made depending on medical gas usage trends. In case of emergency, the contractor shall be contacted, and delivery shall be made to the facility within 24 hours.
At the time of each delivery, the contractor must provide a legible signed and dated written document that identifies each delivery and return of oxygen, medical gases and cylinders. This document must be counter-signed by a facility representative supervising the delivery.
If for any reason the contractor is unable to make delivery at the agreed upon schedule, the contractor will provide 24-hour notice to the Facility Manager and COR so that the facility can initiate an alternate backup action.
The Facility POC is responsible for communicating local issues, such as ordering and delivery instructions, within the terms and conditions of the signed contract. The terms and conditions outlined by this contract cannot be changed without signed modification by the Contracting Officer.
Medical gases are subject to the requirements in 21 CFR § 211.150 - Distribution procedures.
The Contractor shall have an established system by which the distribution of each lot of gases can be readily determined to facilitate its recall if necessary.
Material Safety Data Sheets shall be provided to the Facility Manager and COR at a minimum of quarterly or upon ordering a new medical gas.
Government Furnished Property/Equipment/Information
No government-furnished property/ equipment/ information will be furnished to the awardee.
Administrative
Contracting Officer’s Representative Designation
The designated COR for this contract is:
Dwight Josh Janis
COR Level 1
Wagner Health Care Facility
111 Washington Ave. NW
Wagner, SD 57380
The COR is responsible for:
- Monitoring the Contractor’s technical progress;
- Interpreting the statement of work;
- Technical evaluation as required;
- Technical inspections and acceptance required by this contract; and
- Assisting the Contractor in the resolution of technical problems encountered during performance of this contract.
Subject matter expert for this contract is:
Dr. Padilla-Cedo, Clinical Director
Wagner IHS Health Center
111 Washington AVE NW
Wagner, South Dakota 57380
Chad Zephier, Facility Manager
Wagner IHS Health Center
111 Washington AVE NW
Wagner, South Dakota 57380
Invoicing
The Contractor shall submit one invoice, monthly, for incurred charges related to medical gas refill and cylinder tank rental fees. The amount charged for cylinder tank rental shall be for the quantity and types of cylinders in facility inventory, as of the last day of the month. The facility shall not be invoiced for tanks for which the facility has requested removal. Medical gas shall be invoiced on the basis of volume for tanks delivered during the invoice period (one month).
Invoice submission and payment: In compliance with the Office of Management and Budget (OMB) M-15-19 memorandum Improving Government Efficiency and Saving Taxpayer Dollars Through Electronic Invoicing, directing Federal agencies to adopt electronic invoicing as the primary means to disburse payment to vendors. Invoices submitted under any award resulting from this solicitation will be required to utilize the Invoice Processing Platform (IPP) in accordance with HHSAR 352.232-71, Electronic Submission and Processing of Payment Requests.
IPP is a secure, web-based electronic invoicing system provided by the U.S. Department of the Treasury’s Bureau of the Fiscal Service, in partnership with the Federal Reserve Bank of St. Louis (FRSTL). Respondents to this solicitation are encouraged to register an account with IPP if they have not already done so. If your organization is already registered to use IPP, you will not be required to re-register, however, we encourage you to make sure your organization and designated IPP user accounts are valid and up to date.
The IPP website address is: https://www.ipp.gov.
If you require assistance registering or IPP account access, please contact the IPP Helpdesk at (866) 973- 3131 (M-F 8AM to 6PM ET), or IPPCustomerSupport@fiscal.treasury.gov.
The Contractor shall include the following information on each invoice in accordance with the Prompt Payment Act (5 CFR Part 1315.9(b)):
- Contractor/Vendor Name
- Mailing Address
- Telephone Number
- Tax Identification Number (TIN)
- Invoice Date and Number
- Purchase Order Number (in Block #3 of the OF-347 form)
- Data Universal Number (DUNS)
- Description of services provided, quantity, unit of issue, unit price, and total amount due
AUTHORITY
No person other than the Contracting Officer has the authority to bind the Government with respect to this contract.
No action or omission of any government employee or representative other than the Contracting Officer shall increase or decrease the scope of this contract or shall otherwise modify the terms and conditions of this contract.
In no event shall any of the following be effective or binding on the Government or imputed to the Contracting Officer with respect to this contract:
An understanding or agreement between the Contractor and anyone other than the Contracting Officer;
A purported modification or change order issued by anyone other than the Contracting Officer; A promise by anyone other than the Contracting Officer to provide additional funding or make payments; or An order, direction, consent, or permission from anyone other than the Contracting Officer to:
Incur costs in excess of a specified estimated cost, allotment of funds, or other ceiling; or Expend hours in excess of a specified level of effort.
PRIVACY
52.224-1 Privacy Act Notification.
Privacy Act Notification (Apr 1984)
The Contractor will be required to design, develop, or operate a system of records on individuals, to accomplish an agency function subject to the Privacy Act of1974, Public Law93-579, December 31,1974 ( 5 U.S.C. 552a) and applicable agency regulations. Violation of the
Act may involve the imposition of criminal penalties.
52.224-2 Privacy Act.
Privacy Act (Apr 1984)
- The Contractor agrees to-
- Comply with the Privacy Act of1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies-
- The systems of records; and
- The design, development, or operation work that the contractor is to perform;
- Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a system of records on individuals that is subject to the Act; and
- Include this clause, including this paragraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a system of records.
- In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a system of records on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a system of records on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a system of records on individuals to accomplish an agency function, the Contractor is considered to be an employee of the agency.
-
- "Operation of a system of records," as used in this clause, means performance of any of the activities associated with maintaining the system of records, including the collection, use, and dissemination of records.
- "Record," as used in this clause, means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and that contains the person’s name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a fingerprint or voiceprint or a photograph.
- "System of records on individuals," as used in this clause, means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.
52.239-1 Privacy or Security Safeguards.
Privacy or Security Safeguards (Aug 1996)
- The Contractor shall not publish or disclose in any manner, without the Contracting Officer’s written consent, the details of any safeguards either designed or developed by the Contractor under this contract or otherwise provided by the Government.
- To the extent required to carry out a program of inspection to safeguard against threats and hazards to the security, integrity, and confidentiality of Government data, the
Contractor shall afford the Government access to the Contractor’s facilities, installations, technical capabilities, operations, documentation, records, and databases.
- If new or unanticipated threats or hazards are discovered by either the Government or the Contractor, or if existing safeguards have ceased to function, the discoverer shall immediately bring the situation to the attention of the other party.
352.224-70 Privacy Act.
Privacy Act (DEC 2015)
This contract requires the Contractor to perform one or more of the following: (a) Design; (b) develop; or (c) operate a Federal agency system of records to accomplish an agency function in accordance with the Privacy Act of 1974 (Act) (5 U.S.C. 552a(m)(1)) and applicable agency regulations.
The term system of records means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying marker assigned to the individual. Violations of the Act by the Contractor and/or its employees may result in the imposition of criminal penalties (5 U.S.C.
552a(i)).
The Contractor shall ensure that each of its employees knows the prescribed rules of conduct in 45 CFR part 5b and that each employee is aware that he/she is subject to criminal penalties for violation of the Act to the same extent as Department of Health and Human Services employees. These provisions also apply to all subcontracts the Contractor awards under this contract which
require the design, development or operation of the designated system(s) of records (5 U.S.C. 552a(m)(1)). The contract work statement:
- Identifies the system(s) of records and the design, development, or operation work the Contractor is to perform; and
- Specifies the disposition to be made of such records upon completion of contract performance.
Indemnification, Liability, Statute of Limitations: Any provisions in the TOS related to indemnification and filing deadlines are hereby waived, and shall not apply except to the extent expressly authorized by law. Liability for any breach of the TOS as modified by this Amendment, or any claim arising from the TOS as modified by this Amendment, shall be determined under the Federal Tort Claims Act, or other governing federal authority. Federal Statute of Limitations provisions shall apply to any breach or claim.
Governing law: Any arbitration, mediation or similar dispute resolution provision in the TOS is hereby deleted. The TOS and this Amendment shall be governed by and interpreted and enforced in accordance with the laws of the United States of America without reference to conflict of laws. To the extent permitted by federal law, the laws of the State of [Company to insert name of state if one is mentioned in its TOS] (excluding [Company's state] choice of law rules) will apply in the absence of applicable federal law.
Closing Statement
Point of Contact: John Archambeau, Purchasing Agent, at john.archambeau@ihs.gov
Submission Instructions:
Interested parties shall submit capability via email to John Archambeau, Purchasing Agent, at john.archambeau@ihs.gov. Must include Sources Sought Number IHS1512859 in the Subject line. The due date for receipt of statements is July 7, 2025, 12:00 p.m. Central Time.
All responses must be received by the specified due date and time in order to be considered.
This notice is for information and planning purposes only and shall not be construed as a solicitation or as an obligation on the part of IHS.
IHS does not intend to award a contract on the basis of responses nor otherwise pay for the preparation of any information submitted. As a result of this notice, IHS may issue a Request for Quote (RFQ).
THERE IS NO SOLICITATION AVAILABLE AT THIS TIME. However, should such a requirement materialize, no basis for claims against IHS shall arise as a result of a response to this notice or IHS’s use of such information as either part of our evaluation process or in developing specifications for any subsequent requirement.
Disclaimer and Important Notes. This notice does not obligate the Government to award a contract or otherwise pay for the information provided in response. The Government reserves the right to use information provided by respondents for any purpose deemed necessary and legally appropriate. Any organization responding to this notice should ensure that its response is complete and sufficiently detailed to allow the Government to determine the organization’s qualifications to perform the work. Respondents are advised that the Government is under no obligation to acknowledge receipt of the information received or provide feedback to respondents with respect to any information submitted. After a review of the responses received, a pre-solicitation synopsis and solicitation may be published in SAM.gov. However, responses to this notice will not be considered adequate responses to a solicitation.
Confidentiality. No proprietary, classified, confidential, or sensitive information should be included in your response.
Sources Sought: Oxygen, Medical Gases and Cylinder Rentals
Sources Sought Notice Number: IHS-SS-25-1512859
This Sources Sought Notice is for informational and planning purposes only and shall not be construed as a solicitation, an obligation or commitment by the Indian Health Service.
This notice is intended strictly for market research to determine the availability of Indian Small Businesses Economic Enterprise (ISBEE), Indian Economic Enterprises (IEE), or Other Small Businesses.
Your responses to the information requested will assist the Government in determining the appropriate acquisition method, including whether a set-aside is possible. The anticipated applicable NAICS code for this acquisition is 325120, This U.S. industry comprises establishments of health practitioners having the degree of M.D. (Doctor of Medicine) or D.O. (Doctor of Osteopathy) primarily engaged in the independent practice of general or specialized medicine (except psychiatry or psychoanalysis) or surgery. These practitioners operate private or group practices in their own offices (e.g., centers, clinics) or in the facilities of others, such as hospitals or HMO medical centers.
General
Background
The Mission of the Wagner Health Care Center is to provide the best possible healthcare services to the patients on the Yankton Sioux Reservation in South Dakota. To meet this mission, the WHCC is requesting an all-inclusive, non-personal service contract with base plus four (4) one (1) year options for oxygen, medical gases and cylinder rental services.
Objective
The Wagner Health Care Center overall objective is to obtain oxygen, medical gases cylinder rental service at the lowest price while meeting the minimum technical requirements. Minimal technical requirements are outlined in the sections Quality Assurance Specification and Requirements and the Delivery or Deliverables.
Scope of Work
The contractor shall provide oxygen, medical gases and cylinder rentals. The contractor shall provide transportation of oxygen, medical gases and cylinders to and from the Wagner Health Care Center. Items shall be delivered to Wagner Health Care Center in Wagner, SD at a minimum of once a month.
Period of Performance
Base Year: 08/01/2025 to 07/31/2026
Option Year 1: 08/01/2026 to 07/31/2027
Option Year 2: 08/01/2027 to 07/31/2028
Option Year 3: 08/01/2028 to 07/31/2029
Option Year 4: 08/01/2029 to 07/31/2030
Place of Performance
Wagner Health Care Center
111 Washington AVE NW
Wagner, South Dakota 57380
Applicable Documents
Quality Assurance Specification and Requirements
All medical gases shall conform to specifications prescribed in the United States Pharmacopeia and the National Formulary. All medical gas manufacturers and fillers of medical gases shall be registered with the FDA; and all medical gases shall be manufactured, processed, packed, transported and stored according to the FDA’s Current Good Manufacturing Practice (CGMP) regulations and Title 21, Code of Federal Regulations, Parts 210.211 and 201 for labeling.
In addition, the following specifications are incorporated into the solicitation and resulting contracts:
- Federal Specification BB-A-1034B, Air, Compressed, for Breathing Purposes Dated 20-Dec-1985
- Federal Specification BB-A-101B, Carbon Dioxide (C02) Technical and USP Dated 15-Apr-1971
- Compressed Gas Association (CGA) Publications G-7 – Compressed Air for Human Respiration, dated 1/1/90 and ANSI/CGA G-7.1- Commodity Specification for Air, dated 12/29/97
All products, equipment, and services provided under the contracts awarded under this solicitation shall follow all applicable Federal, State and local regulations.
Cylinders and other Containers
Laws and Regulations:
Cylinders and other containers for gaseous and liquid forms of gases shall comply with the Department of Transportation specifications and shall be maintained, filled marked, labeled, and shipped to comply with current DOT regulations (Title 49-Transportation, Code of Federal Regulations.) Filling, packaging, labeling, etc., for medical gases shall also comply with the Federal Food, Drug and Cosmetic Act. Gauges, thermometers and relief valve shall be included in new bulk oxygen tank installation.
Marking:
In addition to marking required by the aforementioned laws and regulations, marking shall comply with CGA Publication C-7 – Guide to Preparation of Precautionary labeling and Marking of Compressed Gas Containers, dated 6/27/00.
Color Coding:
Cylinders shall be color coded in accordance with CGA Publication C-9 – Standard Color Marking of Compressed Gas Containers Intended for Medical use, dated 1/1/88.
Valves:
Valves shall comply with CGA Safety Bulletin SB-26 and CGA Publication V-1 Compressed Gas Association Standard for Compressed Gas Cylinder Valve Outlet and Inlet Connections, dated 12/31/00. Valve protection caps for cylinders designed to receive such caps shall be securely attached to the cylinders in a manner to protect the valves from injury during transit and delivery to the purchaser’s receiving area. For liquid containers, all fittings must be permanently brazed to prevent their removal. In addition, each container should contain a 380-degree cyrob and applied at the top of the container with the drug product name repeated around the entire container.
Hydrostatic Testing:
Retest Date: If applicable DOT regulations would require retesting of cylinder within three (3) months after scheduled date of shipment to Continental U.S. destination or within six (6) months after scheduled date of shipment to overseas destination, cylinder shall be retested. Contractor will be required to retest any Government-Owned cylinder when requested by ordering activity, regardless of scheduled retest data.
Hydrostatic testing shall be performed in accordance with CGA’s Publication – C-1, Methods for Hydrostatic Testing of Compressed Gas Cylinders, dated 12/01/96.
Visual inspection shall be performed in accordance with the applicable CGA Publications C-6, Standards for Visual Inspection of Steel compressed Gas Cylinders, dated 4/1/95.
Cylinder Sizes:
Cylinder sizes shown in the item description indicate product capacity of the cylinder currently being used. All capacities are approximate, and the Government shall be billed only for the actual amount of gas delivered. In accordance with the Federal Food, Drug and Cosmetic Act, the actual contents of the container must appear on the label.
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 of the ordering agency.
Method of Shipment:
Empty Government-owned cylinders that are picked up from an ordering facility for re-fill or servicing shall be transported according to the Department of Transportation Regulations, using normal commercial practice to prevent damage to cylinders.
Transportation of Cylinders:
All transportation charges for empty government-owned and contractor-owned cylinders from the ordering facility to the contractor’s facility shall be at the expense of the contractor.
Contractor Quality Assurance.
The Contractor shall allow the Government to evaluate the quality of services provided with the technical requirements of this contract. This assessment will include the delivery schedule, compliance of laws and regulations, delivery receipts and Material Safety Data Sheets. An assessment spreadsheet will be created monitored by the Facility Manager and the Contracting Officers’ Representative (COR). This assessment spreadsheet may be used as a record of contract performance history for the purpose of evaluation in other competitive or non- competitive acquisitions.
Performance Surveillance Plan
Performance surveillance monitors will be established to comply with regulatory guidelines and to monitor contract performance. The performance surveillance plan has been developed to outline the Indian Health Service’s general plan in providing effective and systematic surveillance and reporting of all aspects of contract performance. This plan recognizes the responsibility of the Contractor to carry out its own quality control obligations in the performance of this contract.
Surveillance will be accomplished through review of the Contractor’s performance against requirements listed in the performance work statement and performance standards listed in this plan.
Upon completion of the contract, the Government will complete and keep on record the Contractor’s performance evaluation form based on the following objectives.
OBJECTIVE/ TASK
PERFORMANCE STANDARD
ACCEPTABL E QUALITY LEVEL (AQL)
SURVEILLANCE METHOD
/ MEASURES
PERFORMANCE OBJECTIVE 1
The contractor shall establish a delivery schedule to meet the technical requirements of the PWS.
The contractor shall establish a delivery schedule for deliveries at a minimum of once a month
90%
compliance, no deviation
Contractor shall submit monthly
schedule of delivery dates to the
Facility Manager and COR.
PERFORMANCE OBJECTIVE 2
The contractor is aware of all laws and regulations related to delivery of medical gases and cylinder rentals.
All Contract Personal comply with all laws, regulations and policies relating to delivery of medial gases and cylinder rentals.
100%
compliance, no deviation
The contractor shall provide copies of
all required certifications to the Facility
Manager and COR upon award of
purchase order.
PERFORMANCE OBJECTIVE 3
The contractor shall provide delivery documentation of medical gases and cylinder rentals.
The contractor shall provide delivery documentation to Facility Manager and COR related to the delivery and pickup of medical gases and cylinder rentals.
100%
compliance, no deviation
The contractor shall provide delivery
and pickup documentation of medical
gases and cylinders to the Facility
Manager and COR for each delivery and
pickup.
PERFORMANCE OBJECTIVE 4
The contractor shall provide Material Safety Data Sheets.
The contractor shall provide Material Safety Data Sheets to the Facility Manager and COR.
100%
compliance, no deviation
The contractor shall provide Material
Safety Data Sheets to the Facility
Manager and COR at a minimum of
quarterly and upon ordering a new
medical gas.
PERFORMANCE OBJECTIVE 5
The contractor shall provide emergency delivery service for medical gases.
The contractor shall provide emergency delivery service of medical gases within 24 hours of being contacted.
100%
compliance, no deviation
The contractor shall provide delivery documentation of medical gases and
cylinders to the Facility Manager and
COR for each delivery made on an
emergency basis.
Delivery or Deliverables
The delivery and return of rented oxygen, medical gas and cylinders shall be between 8:00am to 5:00pm Monday through Friday. If delivery falls on a government holiday, the delivery shall be on the next following business day.
Deliveries are to be made at a minimum of once a month. Adjustments to the delivery schedule can be made depending on medical gas usage trends. In case of emergency, the contractor shall be contacted, and delivery shall be made to the facility within 24 hours.
At the time of each delivery, the contractor must provide a legible signed and dated written document that identifies each delivery and return of oxygen, medical gases and cylinders. This document must be counter-signed by a facility representative supervising the delivery.
If for any reason the contractor is unable to make delivery at the agreed upon schedule, the contractor will provide 24-hour notice to the Facility Manager and COR so that the facility can initiate an alternate backup action.
The Facility POC is responsible for communicating local issues, such as ordering and delivery instructions, within the terms and conditions of the signed contract. The terms and conditions outlined by this contract cannot be changed without signed modification by the Contracting Officer.
Medical gases are subject to the requirements in 21 CFR § 211.150 - Distribution procedures.
The Contractor shall have an established system by which the distribution of each lot of gases can be readily determined to facilitate its recall if necessary.
Material Safety Data Sheets shall be provided to the Facility Manager and COR at a minimum of quarterly or upon ordering a new medical gas.
Government Furnished Property/Equipment/Information
No government-furnished property/ equipment/ information will be furnished to the awardee.
Administrative
Contracting Officer’s Representative Designation
The designated COR for this contract is:
Dwight Josh Janis
COR Level 1
Wagner Health Care Facility
111 Washington Ave. NW
Wagner, SD 57380
The COR is responsible for:
- Monitoring the Contractor’s technical progress;
- Interpreting the statement of work;
- Technical evaluation as required;
- Technical inspections and acceptance required by this contract; and
- Assisting the Contractor in the resolution of technical problems encountered during performance of this contract.
Subject matter expert for this contract is:
Dr. Padilla-Cedo, Clinical Director
Wagner IHS Health Center
111 Washington AVE NW
Wagner, South Dakota 57380
Chad Zephier, Facility Manager
Wagner IHS Health Center
111 Washington AVE NW
Wagner, South Dakota 57380
Invoicing
The Contractor shall submit one invoice, monthly, for incurred charges related to medical gas refill and cylinder tank rental fees. The amount charged for cylinder tank rental shall be for the quantity and types of cylinders in facility inventory, as of the last day of the month. The facility shall not be invoiced for tanks for which the facility has requested removal. Medical gas shall be invoiced on the basis of volume for tanks delivered during the invoice period (one month).
Invoice submission and payment: In compliance with the Office of Management and Budget (OMB) M-15-19 memorandum Improving Government Efficiency and Saving Taxpayer Dollars Through Electronic Invoicing, directing Federal agencies to adopt electronic invoicing as the primary means to disburse payment to vendors. Invoices submitted under any award resulting from this solicitation will be required to utilize the Invoice Processing Platform (IPP) in accordance with HHSAR 352.232-71, Electronic Submission and Processing of Payment Requests.
IPP is a secure, web-based electronic invoicing system provided by the U.S. Department of the Treasury’s Bureau of the Fiscal Service, in partnership with the Federal Reserve Bank of St. Louis (FRSTL). Respondents to this solicitation are encouraged to register an account with IPP if they have not already done so. If your organization is already registered to use IPP, you will not be required to re-register, however, we encourage you to make sure your organization and designated IPP user accounts are valid and up to date.
The IPP website address is: https://www.ipp.gov.
If you require assistance registering or IPP account access, please contact the IPP Helpdesk at (866) 973- 3131 (M-F 8AM to 6PM ET), or IPPCustomerSupport@fiscal.treasury.gov.
The Contractor shall include the following information on each invoice in accordance with the Prompt Payment Act (5 CFR Part 1315.9(b)):
- Contractor/Vendor Name
- Mailing Address
- Telephone Number
- Tax Identification Number (TIN)
- Invoice Date and Number
- Purchase Order Number (in Block #3 of the OF-347 form)
- Data Universal Number (DUNS)
- Description of services provided, quantity, unit of issue, unit price, and total amount due
AUTHORITY
No person other than the Contracting Officer has the authority to bind the Government with respect to this contract.
No action or omission of any government employee or representative other than the Contracting Officer shall increase or decrease the scope of this contract or shall otherwise modify the terms and conditions of this contract.
In no event shall any of the following be effective or binding on the Government or imputed to the Contracting Officer with respect to this contract:
An understanding or agreement between the Contractor and anyone other than the Contracting Officer;
A purported modification or change order issued by anyone other than the Contracting Officer; A promise by anyone other than the Contracting Officer to provide additional funding or make payments; or An order, direction, consent, or permission from anyone other than the Contracting Officer to:
Incur costs in excess of a specified estimated cost, allotment of funds, or other ceiling; or Expend hours in excess of a specified level of effort.
PRIVACY
52.224-1 Privacy Act Notification.
Privacy Act Notification (Apr 1984)
The Contractor will be required to design, develop, or operate a system of records on individuals, to accomplish an agency function subject to the Privacy Act of1974, Public Law93-579, December 31,1974 ( 5 U.S.C. 552a) and applicable agency regulations. Violation of the
Act may involve the imposition of criminal penalties.
52.224-2 Privacy Act.
Privacy Act (Apr 1984)
- The Contractor agrees to-
- Comply with the Privacy Act of1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies-
- The systems of records; and
- The design, development, or operation work that the contractor is to perform;
- Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a system of records on individuals that is subject to the Act; and
- Include this clause, including this paragraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a system of records.
- In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a system of records on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a system of records on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a system of records on individuals to accomplish an agency function, the Contractor is considered to be an employee of the agency.
-
- "Operation of a system of records," as used in this clause, means performance of any of the activities associated with maintaining the system of records, including the collection, use, and dissemination of records.
- "Record," as used in this clause, means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and that contains the person’s name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a fingerprint or voiceprint or a photograph.
- "System of records on individuals," as used in this clause, means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.
52.239-1 Privacy or Security Safeguards.
Privacy or Security Safeguards (Aug 1996)
- The Contractor shall not publish or disclose in any manner, without the Contracting Officer’s written consent, the details of any safeguards either designed or developed by the Contractor under this contract or otherwise provided by the Government.
- To the extent required to carry out a program of inspection to safeguard against threats and hazards to the security, integrity, and confidentiality of Government data, the
Contractor shall afford the Government access to the Contractor’s facilities, installations, technical capabilities, operations, documentation, records, and databases.
- If new or unanticipated threats or hazards are discovered by either the Government or the Contractor, or if existing safeguards have ceased to function, the discoverer shall immediately bring the situation to the attention of the other party.
352.224-70 Privacy Act.
Privacy Act (DEC 2015)
This contract requires the Contractor to perform one or more of the following: (a) Design; (b) develop; or (c) operate a Federal agency system of records to accomplish an agency function in accordance with the Privacy Act of 1974 (Act) (5 U.S.C. 552a(m)(1)) and applicable agency regulations.
The term system of records means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying marker assigned to the individual. Violations of the Act by the Contractor and/or its employees may result in the imposition of criminal penalties (5 U.S.C.
552a(i)).
The Contractor shall ensure that each of its employees knows the prescribed rules of conduct in 45 CFR part 5b and that each employee is aware that he/she is subject to criminal penalties for violation of the Act to the same extent as Department of Health and Human Services employees. These provisions also apply to all subcontracts the Contractor awards under this contract which
require the design, development or operation of the designated system(s) of records (5 U.S.C. 552a(m)(1)). The contract work statement:
- Identifies the system(s) of records and the design, development, or operation work the Contractor is to perform; and
- Specifies the disposition to be made of such records upon completion of contract performance.
Indemnification, Liability, Statute of Limitations: Any provisions in the TOS related to indemnification and filing deadlines are hereby waived, and shall not apply except to the extent expressly authorized by law. Liability for any breach of the TOS as modified by this Amendment, or any claim arising from the TOS as modified by this Amendment, shall be determined under the Federal Tort Claims Act, or other governing federal authority. Federal Statute of Limitations provisions shall apply to any breach or claim.
Governing law: Any arbitration, mediation or similar dispute resolution provision in the TOS is hereby deleted. The TOS and this Amendment shall be governed by and interpreted and enforced in accordance with the laws of the United States of America without reference to conflict of laws. To the extent permitted by federal law, the laws of the State of [Company to insert name of state if one is mentioned in its TOS] (excluding [Company's state] choice of law rules) will apply in the absence of applicable federal law.
Closing Statement
Point of Contact: John Archambeau, Purchasing Agent, at john.archambeau@ihs.gov
Submission Instructions:
Interested parties shall submit capability via email to John Archambeau, Purchasing Agent, at john.archambeau@ihs.gov. Must include Sources Sought Number IHS1512859 in the Subject line. The due date for receipt of statements is July 7, 2025, 12:00 p.m. Central Time.
All responses must be received by the specified due date and time in order to be considered.
This notice is for information and planning purposes only and shall not be construed as a solicitation or as an obligation on the part of IHS.
IHS does not intend to award a contract on the basis of responses nor otherwise pay for the preparation of any information submitted. As a result of this notice, IHS may issue a Request for Quote (RFQ).
THERE IS NO SOLICITATION AVAILABLE AT THIS TIME. However, should such a requirement materialize, no basis for claims against IHS shall arise as a result of a response to this notice or IHS’s use of such information as either part of our evaluation process or in developing specifications for any subsequent requirement.
Disclaimer and Important Notes. This notice does not obligate the Government to award a contract or otherwise pay for the information provided in response. The Government reserves the right to use information provided by respondents for any purpose deemed necessary and legally appropriate. Any organization responding to this notice should ensure that its response is complete and sufficiently detailed to allow the Government to determine the organization’s qualifications to perform the work. Respondents are advised that the Government is under no obligation to acknowledge receipt of the information received or provide feedback to respondents with respect to any information submitted. After a review of the responses received, a pre-solicitation synopsis and solicitation may be published in SAM.gov. However, responses to this notice will not be considered adequate responses to a solicitation.
Confidentiality. No proprietary, classified, confidential, or sensitive information should be included in your response.
