Industrial Medical Specialty Ims Gases Access
| Agency: | State Government of Pennsylvania |
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| State: | Pennsylvania |
| Level of Government: | State & Local |
| Category: |
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| Opps ID: | NBD13138707825572024 |
| Posted Date: | Dec 5, 2019 |
| Due Date: | Sep 30, 2024 |
| Solicitation No: | 4400022108 |
| Source: | Members Only |
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Attachment Preview
STATEMENT OF WORK
INDUSTRIAL, MEDICAL, SPECIALTY (IMS) GASES, ACCESSORIES
INVITATION TO QUALIFY (ITQ) CONTRACT
OVERVIEW: The purpose of the Industrial, Medical, Specialty (IMS) Gases & Accessories ITQ is to qualify
responsible and responsive Supplier(s) to supply these items to Commonwealth of Pennsylvania’s agencies. In
addition, Local Public Procurement Units, as defined by the Commonwealth Procurement Code, may use this
contract in accordance with the COSTARS Provision contained in the terms and conditions.
Product(s) supplied under this contract which are regulated by the Food and Drug Administration (FDA) must
comply with FDA Compliance Program Guidance Manual Program 7356.002E or most recent revision for
Compressed Medical Gases.
The registration requirements are those that the Department of General Services is aware of at the time of this
solicitation. The supplier must maintain registrations required by federal government entities, the Commonwealth
of Pennsylvania and it’s agencies and the industry for the manufacture, sale and distribution of products covered
under this contract. This list is not exhaustive. Additionally, the supplier must comply with federal safety and
health regulations, environmental protection regulations and regulations specific to the local authority having
jurisdiction within the Commonwealth of Pennsylvania. The Commonwealth shall be under no obligation to
obtain current and future registrations from Suppliers. It is the responsibility of qualified Suppliers to continue to
maintain an updated copy, in the JAGGAER system, for the length of their contract.
Products provided on this ITQ that are listed or may become listed on the Commonwealth's MRO contract(s) may
not be purchased on this ITQ.
This contract does not include service or any additional accessories or parts not specifically related to the supply
of gas and/or gas container.
ISSUING OFFICE: This ITQ is managed and administered by the Commonwealth of Pennsylvania, Department
of General Services (DGS), Bureau of Procurement. All inquiries should be referred to:
Maurice Kujat, Commodity Specialist
Department of General Services
Bureau of Procurement,
Forum Place, 6th Floor
555 Walnut Street
Harrisburg, PA 17101-1914
Telephone: (717) 346-2671
Email: mkujat@pa.gov
TERM OF CONTRACT: Any contract issued to qualified Suppliers, as a result of this ITQ, shall commence on
the Contract Effective Date and shall end on February 28, 2025. There are no renewals available.
QUALIFICATIONS: Suppliers interested in becoming an ITQ Supplier must meet the following requirements.
Failure to meet the below requirements will result in the application being rejected. Each Supplier that meets the
minimum qualifications will be awarded a contract. Award of a contract to a Supplier is not a guarantee of
business.
A. Supplier must document showing two (2) years of experience in the appropriate commodity code selected
under the Material Categories
11.27.19
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STATEMENT OF WORK
INDUSTRIAL, MEDICAL, SPECIALTY (IMS) GASES, ACCESSORIES
INVITATION TO QUALIFY (ITQ) CONTRACT
B. Supplier must upload documentation they are the manufacturer of the products being offered or an
authorized representative (i.e. dealer/reseller) of the manufacturer’s products. If not the manufacturer of
the products being offered, the Supplier must upload a document, on the manufacturer’s letterhead, stating
dealer/reseller is permitted to sell the manufactured product;
C. Supplier providing products covered by transportation regulations must upload a valid US Department of
Transportation registration;
D. 42190000-ITQ-285- Medical - Medical Gas Products, Medical Gas Cylinders or related devices
(only).
1. Suppliers providing products covered by the FDA must upload a valid FDA registration; and
2. Supplier providing products covered by the Commonwealth of Pennsylvania Department of Health
(DOH) must upload a valid registration as a Manufacturer of prescription drugs with DOH.
From the DOH: “Oxygen and/or medical gases for medical purposes are generally considered
prescription drugs under state and federal law. If a facility is manufacturing or transfilling oxygen
or other medical gases in the Commonwealth, they must register with the Department of Health
as a Manufacturer of prescription drugs and register with the Federal Food and Drug
Administration (FDA).”; and
E. Supplier must select the counties in which they can serve.
DELIVERIES AND SCHEDULING: Deliveries shall be F.O.B. Destination to specific location designated by
the using agency. Any delivery schedule is set by each facility. All gases shall be packaged, labeled, and
transported in accordance with the best recognized commercial practice and all federal, state, and local laws and
regulations.
Unless otherwise agreed upon between the using agency and the approved supplier, delivery shall be within two
(2) days after receipt of an Agency purchase order or agency notification for delivery.
For medical grade gasses, there may be occasions where emergency deliveries will be required. To that extent,
the supplier shall provide emergency delivery seven (7) days per week, twenty-four (24) hours per day at no
additional cost to the Commonwealth.
Specific delivery protocol in regards to acknowledgement of receipt of delivered product, inspection of delivered
product, etc. may be established by the ordering agency, where desired.
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STATEMENT OF WORK
INDUSTRIAL, MEDICAL, SPECIALTY (IMS) GASES, ACCESSORIES
INVITATION TO QUALIFY (ITQ) CONTRACT
CYLINDER REQUIREMENTS: It shall be the responsibility of the supplier to secure all cylinders at the time
of delivery. All cylinders must be anchored securely in place and shall not be left unattended.
The approved supplier shall be responsible for all material, maintenance, and upkeep on rental cylinders at no
additional cost to the Commonwealth.
Faulty cylinder, valves, or other furnished items, shall be replaced immediately with a full cylinder of equal size
at no additional charge.
All transportation cost associated with the delivery or return of cylinders is the responsibility of the approved
supplier.
All rental cylinders shall be affixed with a label identifying the suppliers’ name/logo to insure the correct cylinders
are returned to the appropriate approved supplier.
Empty cylinders shall be picked up by the appropriate supplier within two (2) weeks of written notification by
the using agency. Acceptable written notification may be in the form of a letter, facsimile, or email. Approved
suppliers are not permitted to assess cylinder rental charges after two weeks from the date such notification is
provided. Where such notification is provided other than at the end of a rental period, the final rental period shall
be billed on a pro-rated basis by day.
BULK/MICRO-BULK TANKS: The monthly rental fee for bulk/micro-bulk tanks must include the cost of the
tank, installation of tank and equipment as well as the removal of the tank at Contract expiration. Tank rental
must also include all maintenance and repairs for each tank installed and owned by awarded supplier. Monthly
bulk/micro-bulk tank rental fees will be fixed for the life of the Contract as defined in the RFQ.
Any additional requirements for installation of bulk/micro-bulk tanks may be added to the contract through mutual
agreement of the awarded supplier, the Using Agency, and the DGS contracting officer.
SECURITY CLEARANCE (DEPARTMENT OF CORRECTIONS): At the Department of Corrections’
facilities, all approved suppliers, who utilize regular delivery transportation, will have to submit clearance checks
for all drivers and their subcontractor’s drivers (regardless if delivery is inside or outside the fence) Common
carriers will not be required to render clearance checks, however are subject to search and escort procedures. All
carriers reporting to outside warehouses must secure their vehicle (windows closed and doors locked), sign in at
warehouse and wait for further directions from correctional staff.
MATERIAL CATEGORIES: Supplier will need to choose the appropriate commodity code(s) to qualify for
this contract. Supplier will select the appropriate code(s) under the Business Details section of the qualification
process. The Commonwealth may add additional commodity codes as the need arises. The table below lists the
appropriate commodity code and description of each material category.
COMMODITY CODE
12140000-ITQ-283
DESCRIPTION OF MATERIAL CATEGORY
Industrial - Elements and Gases, Industrial Use Gases, Oxygen Compound
Gases – Includes but not limited to: Acetylene, Argon, Carbon Dioxide,
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STATEMENT OF WORK
INDUSTRIAL, MEDICAL, SPECIALTY (IMS) GASES, ACCESSORIES
INVITATION TO QUALIFY (ITQ) CONTRACT
12140000-ITQ-284
42190000-ITQ-285
Helium, HPG Fuel Gas, Hydrogen, Nitrogen, Oxygen, Propane, Propylene,
Welding Shielding Gases.
Specialty - Non metals and pure and elemental gases – Includes but not
limited to: Pure gases and precision blends, Minor component mixtures in a
balance of nitrogen or other balance gas, Analytical Gases, Liquid nitrogen,
Liquid carbon dioxide (CO2), Helium, Pure hydrocarbons, Hydrocarbon blends,
Gases conforming to NIST-traceable calibration standards, Healthcare
refrigerants, Electronic-grade, Laser mixes, High-tolerance specialty gas
mixtures.
Medical - Medical Gas Products, Medical Gas Cylinders or related devices
– Includes but not limited to: Oxygen USP, Liquid oxygen USP, Nitrogen NF,
Liquid nitrogen NF, Nitrous oxide USP, Laser mixes, Specialty gases,
Compressed air USP, Helium USP, Drug/device gas mixtures, CO2, Dry ice,
Hyperbaric oxygen supply, Associated gas supply modes (Cylinders, Bulk &
MicroBulk, Dewars and VGL’s)
GENERAL INORMATION/REQUIREMENTS:
A. Type of Contract. Upon determination that the Contractor meets the ITQ requirements, the
Commonwealth will issue a contract to the Contractor. Upon receipt of a Purchase Order (PO) issued
under this Contract, the Contractor agrees to furnish the requested services to the Commonwealth agency
issuing the PO.
B. Order of Precedence. If any conflicts or discrepancies should arise in the terms and conditions of this
Contract, or the interpretation thereof, the order of precedence shall be:
i. This Contract;
ii. The data resident on the ITQ web site and incorporated herein by reference at the date of execution
of the Contract or issuance of an RFQ off of this Contract, whichever is later, including but not
limited to the promises and certifications the Contractor made in qualifying for the Contract;
If any conflicts or discrepancies should arise in the interpretation of a PO, the order of precedence shall
be:
i. The consulting service category definitions, descriptions, qualification requirements, and contract
terms and conditions set forth in the RFQ;
ii. This Contract;
iii. The PO and any attachment thereto, including: (1) the Contractor’s Proposal, as accepted by the
Commonwealth; (2) the RFQ.
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STATEMENT OF WORK
INDUSTRIAL, MEDICAL, SPECIALTY (IMS) GASES, ACCESSORIES
INVITATION TO QUALIFY (ITQ) CONTRACT
C. Bid Protest Procedure (April 2016) The Bid Protest Procedure is on the DGS website. Click here
D. COSTARS Purchasers. Section 1902 of the Commonwealth Procurement Code, 62 Pa.C.S. § 1902
(“Section 1902”), authorizes local public procurement units and state-affiliated entities (together,
“COSTARS Members”) to participate in Commonwealth procurement contracts that the Department
of General Services (“DGS”) may choose to make available to COSTARS Members. DGS has
identified this ITQ as one which will be made available for COSTARS Members’ participation.
a. Only those entities registered with DGS are authorized to participate as COSTARS Members
in this Contract. A COSTARS Member may be either a local public procurement unit or a
state-affiliated entity.
1. A “local public procurement unit” is:
• Any political subdivision (local government unit), such as a municipality,
school district, or commission;
• Any public authority (including authorities formed under the Municipality
Authorities Act of 1955 or other authorizing legislation, such as the Public
Transportation Law or the Aviation Code);
• Any tax-exempt, nonprofit educational institution or organization;
• Any tax-exempt, nonprofit public health institution or organization;
• Any nonprofit fire, rescue, or ambulance company; and
• Any other entity that spends public funds for the procurement of supplies,
services, and construction (such as a council of governments, an area
government, or an organization that receives public grant funds).
The Department reserves the right to review and determine eligible applicants as Local
Public Procurement Units on a case-by-case basis.
2. A state-affiliated entity is a Commonwealth authority or other Commonwealth entity
that is not a Commonwealth agency. The term includes:
• The Pennsylvania Turnpike Commission;
• The Pennsylvania Housing Finance Agency;
• The Pennsylvania Municipal Retirement System;
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• The Pennsylvania Infrastructure Investment Authority;
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