Overview for Contract Prior to utilizing a contract, the user should read the contract in it's entirety.

Transcription

1 Overview for Contract Prior to utilizing a contract, the user should read the contract in it's entirety. CONTRACT DESCRIPTION CONTRACT INFO Statewdie contract for purchases of all gases described on contract as Medical, Specialty, and Material or Service Material Industrial gases. Title & Contract # (s) Gases: Medical, Specialty and Industrial Suppliers: Airgas, Inc Number of Suppliers Pcard enabled: Y/N Yes 6 Columbia Ancillary Service Inc. DBA Respiratory & Convalescent Specialities GT & S, Inc Validity Period 06/01/2003 to 5/31/2004 with 4 one-year renewals. Contract expires Praxair Distribution Inc /30/2008. Praxair Inc DGS BOP Liz Bollinger, Commodity Specialist Scott Specialties Point of Contact Contact Phone # ebollinger@state.pa.us PRICING HIGHLIGHTS This contract will cover the requirements of Commonwealth agencies for medical, specialty and industrial gases, both bulk and cylinder. Such gases shall include but not be limited to MAPP gas, acetylene, propylene, oxygen, argon, carbon dioxide, helium, hydrogen, nitrogen, compressed air and gas mixtures. This contract shall not be used for natural gas or propane. PROCESS TO ORDER Due to functional requirements and market based price fluctuations, all requirements are to be entered into SAP/R3 for processing. This contract is not active in the SRM system.

2 Department of General Services GSPUR-13B Rev. 11/19/02 SPECIAL CONTRACT TERMS AND CONDITIONS CONTRACT SCOPE/OVERVIEW: These Contract No , , , and (identified here and in the other documents as the Contract will cover the requirements of Commonwealth agencies for medical, specialty, and industrial gases; both bulk and cylinder. Such gases shall include but not be limited to MAPP gas, acetylene, propylene, oxygen, argon, carbon dioxide, helium, hydrogen, nitrogen, compressed air, and gas mixtures. The contract shall not be used for natural gas or propane, which are available via another contract. ORDER OF PRECEDENCE: These Special Contract Terms and Conditions supplement the Standard Contract Terms and Conditions For Statewide Contracts for Supplies. To the extent that these Special Contract Terms and Conditions conflict with the Standard Contract Terms and Conditions For Statewide Contracts for Supplies, these Special Contract Terms and Conditions shall prevail. TERM OF CONTRACT: The Contract shall commence on the Effective Date, which shall be no earlier than 6/1/2003 and expire on 5/31/2004. OPTION TO EXTEND: The Department of General Services reserves the right, upon notice to the Contractor, to extend the Contract or any part of the Contract for up to three (3) months upon the same terms and conditions. This will be utilized to prevent a lapse in Contract coverage and only for the time necessary, up to three (3) months, to enter into a new contract. OPTION FOR SEPARATE COMPETITIVE BIDDING PROCEDURE: The Department of General Services reserves the right to purchase supplies covered under this Contract through a separate competitive bidding procedure, whenever the department deems it to be in the best interest of the Commonwealth. The right will generally be exercised only when a specific need for a large quantity of the supply exists or the price offered is significantly lower than the Contract price. E-CATALOG: The Commonwealth may require the awarded bidder(s) to supply its price list/catalog and any updated price lists/catalogs in electronic format. Price lists/catalogs must be provided in one of the following formats: Word document, Excel spreadsheet, or PDF file on 3.5-inch diskette or CD-ROM. BLANKET FIELD PURCHASE ORDERS AND PAYMENT: Commonwealth agencies may issue blanket field purchase orders against this contact. Such orders may cover all anticipated requirements for a set period of time (i.e. a month, quarter, or remainder of the fiscal year). Note: The period of time in blanket orders may never exceed the Contract expiration date. BILLING REQUIREMENTS: Contractors are required to establish separate billing accounts with each using agency and invoice them directly. The invoice shall be itemized with adequate detail to assist agencies in verifying charges. In no instance shall any payment be made for services that are not in accordance with the prices on the Contract price list for the contractor. PERFORMANCE SECURITY: No security is required. STATEMENT OF WORK/SPECIFICATIONS: The contractor(s) shall provide medical, specialty, and industrial gases and associated cylinder purchase/rental as per their submitted price list(s)/catalogs. Agencies may contact any contractor(s) and request specific information regarding their products. Agencies shall select a contractor based upon best value. GEOGRAPHIC COVERAGE: Bidders shall indicate the limitations of their coverage in their price list. If a bidder does not indicate otherwise, the Commonwealth shall assume state wide coverage will be provided by the bidder. ZONE PRICING: Zone pricing is acceptable. Bidders shall provide the details in their price list. ELIGIBILITY: In order to be eligible for award, a bidder must be licensed to provide the products in the areas awarded and meet all other requirements of this invitation for bid.

3 Department of General Services GSPUR-13B Rev. 11/19/02 METHOD OF AWARD: (MULTIPLE AWARD): Award will be made to all responsible and responsive bidders. The Commonwealth agency shall select the contractor for its required service from the list of contractors on the contract based upon best value. Contractors will be required to furnish their products, ordered by Commonwealth agencies, at the prices on the price lists less the amount of the Contract discount, if any. PRICE LISTS: Bidders shall include a copy of their price list for their products/services with their bid. The price list shall include all fees and rates that apply to the bidder's gases and associated storage equipment/services. Prices are not a factor in receiving an award under the Contract. Pricing, however, shall be a factor in each agency's final selection of a supplier. Bidders should be creative in developing a price list that best addresses the variables of this industry. Any terms and conditions that may appear on the price list that conflict with the terms and conditions of this contract, such as prices subject to change and price to be determined at time of order will not be part of the Contract and will have no force or effect on the Contract. For the purposes of the Contract, bidders shall bid a discount from their manufacturer s retail price list (or equivalent) on the attached item sheet. Alternately, manufacturer s bidding direct may develop a price list specifically for this contract with a bid discount of zero, with the price list already being net prices. For the purposes of tracking price changes and applying the proper payments, all price lists must have a title and effective date. Within ten (10) days after a request from a Commonwealth agency, the awarded supplier shall furnish the requesting agency with a copy of the price list. Contractors may not bill for any products/services that are not in accordance with their price list. TRANSITION FROM EXISTING CONTRACTS: This is a new central Department of General Services contract for agencies to more efficiently purchase gases. As such, each individual agency may have existing contracts awarded prior to the start of this contract. Upon award of this Contract, agencies under the Governor s jurisdiction may continue their own contracts but may not execute any renewal or extension options. At that point, the agencies must use this Contract. CONTRACT RENEWAL/PRICE LIST UPDATE: This contract may be renewed by mutual consent of the Commonwealth and vendor for an additional one year period. Such renewals shall be limited to four (4) additional periods. Contractors may update their Contract price lists at the beginning of each yearly contract renewal to reflect new prices and to add/delete products/services within the scope of the Contract. For all updates, the bid percentage discount must remain the same for the term of the Contract and any renewal. A contractor seeking to update its price list shall submit a letter with the new price list to the Department of General Services Buyer listed on the Contract requesting review and approval of the updated price list. The contractor shall itemize all changes in a clear and concise fashion. It is the responsibility of the contractor to adequately justify changes. If approved, a Contract change notice will be issued replacing the price list with the updated price list to the Contract. It will then be the responsibility of the contractor to distribute new price lists to Commonwealth agencies. At no time will contractors be allowed to unilaterally change the products or prices of the Contract. Approval must be granted by the Buyer via a change notice. Orders will be monitored to ensure compliance. Failure to comply shall result in contract termination. QUARTERLY REPORT: All vendors shall submit quarterly reports to the Department of General

4 Department of General Services GSPUR-13B Rev. 11/19/02 Services, Bureau of Purchases, to the applicable buyer referenced herein, no later than the fifteenth of the month following each quarter. The preferred format is an excel spreadsheet ed to the buyer. Each report shall include the name/address of the customer, purchase order number, and the product description, quantity, and unit price for each order received. The descriptions and prices must mirror those reflected in the vendor s price list. The report shall also provide sales totals per product and a grand total of all sales for the period. Sales extended via the piggyback program are to be listed separately from Commonwealth Agencies. The purpose of the report is for the buyer to monitor contractor performance and to make contract improvements. The information shall be made public record and shall be made available to vendors to consider in making future price list updates. Failure to provide this report shall result in contract termination for default. INSURANCE: Contractors shall, at their expense, procure and maintain during the term of the Contract, the following types of insurance, issued by companies acceptable to the Department of General Services and authorized to conduct such business under the laws of the Commonwealth of Pennsylvania: a. Worker s Compensation Insurance for all of the contractor s employees and those of any subcontractor, engaged in work at the site of the project as required by law. b. Public liability and property damage insurance to protect the Commonwealth, the contractor, and any and all subcontractors from claims for damages for person injury (including bodily injury), sickness or disease, accidental death and damage to property, including loss of use resulting from any property damage, which may arise from the activities performed under the Contract or the failure to perform under the Contract, whether such performance or nonperformance be by the contractor, by any subcontractor, or by anyone directly or indirectly employed by either. The limits of such insurance shall be in an amount not less than $500,000 each person and $2,000,000 each occurrence, personal injury and property damage combined. Such policies shall be occurrence rather than claims-made policies and shall name the Commonwealth of Pennsylvania as an additional insured. The insurance shall not contain any endorsements or any other form designated to limit and restrict any action by the Commonwealth, as an additional insured, against the insurance coverage in regard to work performed for the Commonwealth. Prior to commencement of the work under the Contract and during the term of the Contract, the contractor shall provide the Department of General Services with current certificates of insurance. These certificates shall contain a provision that the coverages afforded under the policies will not be cancelled or changed until at least thirty (30) days written notice has been given to the Department of General Services. MINIMUM ORDER: The minimum order under this contract shall be the amount set by the Department of General Services for small no bid procurements of commodities (currently $3001). Order amounts under the minimum are optional for both the agencies and the awarded vendors. In addition, vendors may establish volume band pricing on their price lists in which case Commonwealth agencies will need to order the minimum established for that volume band to receive the vendors stated price for that band. INQUIRIES Direct all questions concerning this Contract to Doug Tinkey, telephone number , - state.pa.us

5 Form Rev Contract Name: Contract Reference Number: SAP Contract Number: Collective Number: Medical, Specialty, and Industrial Gases CN Item # SAP Material # Commodity Code # Item Description Discount From Price List Industrial Gases 0%, items individually discounted Specialty Gases 0%, items individually discounted Medical gases 0%, items individually discounted Price Sheet Name And Date PA Special Price list 3/25/03 PA Special Price list 3/25/03 PA Special Price list 3/25/03 Vendor Information Name: Vendor Number: Contact Person: Address: Phone Number: Fax Number: Address: Airgas East John Sweeney 2635 Sycamore Harrisburg Pa All Using Agency: Type of Contract: Contract Restriction Code: Yes Price List 0 Political Subdivisions and Public Authorities: If your firm is awarded a contract, does it agree to sell the awarded items at the same prices and/or discounts, and in accordance with the contractual terms and conditions, to political subdivisions and public authorities and any other Commonwealth purchasing agencies that elect to participate in the contract? Other Local Public Procurement Units: If your firm is awarded a contract, does it agree to sell the awarded items at the same prices and/or discounts, and in accordance with the contractual terms and conditions, to all other local public procurement units other than political subdivisions and public authorities which elect to participate in the contract? (For a list of eligibile organizations see the DGS Website.) Yes X X No

6 Contract Name: Contract Reference Number: SAP Contract Number: Collective Number: Medical, Specialty, and Industrial Gases CN Item # SAP Material # Commodity Code # Item Description Discount From Price List Industrial Gases 0%, items individually discounted Specialty Gases 0%, items individually discounted Medical gases 0%, items individually discounted Price Sheet Name And Date PA Special Price list 3/25/03 PA Special Price list 3/25/03 PA Special Price list 3/25/03 Vendor Information Name: Vendor Number: Contact Person: Address: Phone Number: Fax Number: Address: BOC Gases Customer Service 100 Corporate Drive Lebanon NJ 08833; payments to PO Box Pittsburgh Pa All Using Agency: Type of Contract: Contract Restriction Code: Yes Price List 0 Political Subdivisions and Public Authorities: If your firm is awarded a contract, does it agree to sell the awarded items at the same prices and/or discounts, and in accordance with the contractual terms and conditions, to political subdivisions and public authorities and any other Commonwealth purchasing agencies that elect to participate in the contract? Other Local Public Procurement Units: If your firm is awarded a contract, does it agree to sell the awarded items at the same prices and/or discounts, and in accordance with the contractual terms and conditions, to all other local public procurement units other than political subdivisions and public authorities which elect to participate in the contract? (For a list of eligibile organizations see the DGS Website.) Yes X X No

7 Contract Name: Contract Reference Number: SAP Contract Number: Collective Number: Medical, Specialty, and Industrial Gases CN Item # SAP Material Group # Commodity Code # Item Description Discount From Price List Industrial Gases 0%, items individually discounted Specialty Gases 0%, items individually discounted Medical gases 0%, items individually discounted Price Sheet Name And Date PA Special Price list 3/25/03 PA Special Price list 3/25/03 PA Special Price list 3/25/03 Vendor Information Name: Messer GT&S LP Vendor Number: Contact Person: Bill Rohrer Address: 2064 S Queen Street York Pa Phone Number: Fax Number: Address: bill.rohrer@mgind.com All Using Agency: Type of Contract: Contract Restriction Code: Yes Price List 0 Political Subdivisions and Public Authorities: If your firm is awarded a contract, does it agree to sell the awarded items at the same prices and/or discounts, and in accordance with the contractual terms and conditions, to political subdivisions and public authorities and any other Commonwealth purchasing agencies that elect to participate in the contract? Other Local Public Procurement Units: If your firm is awarded a contract, does it agree to sell the awarded items at the same prices and/or discounts, and in accordance with the contractual terms and conditions, to all other local public procurement units other than political subdivisions and public authorities which elect to participate in the contract? (For a list of eligibile organizations see the DGS Website.) Yes X X No

8 Contract Name: Medical, Specialty, and Industrial Gases Contract Reference Number: SAP Contract Number: Collective Number: CN Item # SAP Material # Commodity Code # Item Description Discount From Price List Price Sheet Name And Date Specialty Gases Equipment 10%, Mixtures 15%, Pure Gases 20%, Technimate 15%, Scotty Transportable/disposable 25% PA Special Price list 3/25/ Medical gases 0%, items individually discounted PA Special Price list 3/25/03 cylinder rental.30/day/cyl Hazmat $20/shipment Vendor Information Name: Vendor Number: Contact Person: Address: Phone Number: Fax Number: Address: Website Address All Using Agency: Type of Contract: Contract Restriction Code: Scott Specialty Gases Susan Hess (Specialty Gases) Albert Guitjens (Medical Gases) 6141 Easton Road, Plumsteadville Pa Susan ( x1118) Albert ( ) Yes Price List 0 Political Subdivisions and Public Authorities: If your firm is awarded a contract, does it agree to sell the awarded items at the same prices and/or discounts, and in accordance with the contractual terms and conditions, to political subdivisions and public authorities and any other Commonwealth purchasing agencies that elect to participate in the contract? Other Local Public Procurement Units: If your firm is awarded a contract, does it agree to sell the awarded items at the same prices and/or discounts, and in accordance with the contractual terms and conditions, to all other local public procurement units other than political subdivisions and public authorities which elect to participate in the contract? (For a list of eligibile organizations see the DGS Website.) Yes X X No

9 Contract Number: Change Number: 1 Change Effective Date: April 19, 2004 COMMONWEALTH OF PENNSYLVANIA For: All Using Agencies of the Commonwealth Medical, Industrial and Specialty Gases Contract Period: June 1, 2004 through May 31, 2005 Buyer Name: B04; Doug Tinkey; CHANGE SUMMARY: Contract Renewal In accordance with the contract clause, Option to Renew, the subject contract is hereby renewed by mutual consent of the Commonwealth of Pennsylvania and the suppliers listed below for an additional one (1) year period, beginning June 1, 2004 through May 31, The contractors are current with the Contractor Responsibility Program: Airgas East, Harrisburg, PA BOC Gases, Lebanon, NJ Messer GT&S LP, York, PA Praxair Distribution Inc., Bethlehem, PA Praxair Inc., Danbury, CT Respiratory & Convalescent Specialties Inc., dba RCS Industrial, Larksville, PA Scott Specialty Gases, Plumsteadville, PA ALL OTHER TERMS AND CONDITIONS OF THIS AGREEMENT WHICH ARE NOT CHANGED BY THIS AMENDMENT REMAIN AS ORIGINALLY WRITTEN.

10 Contract Number: Change Number: 2 Change Effective Date: 6/1/04 COMMONWEALTH OF PENNSYLVANIA For: All Using Agencies of the Commonwealth Medical, Industrial and Specialty Gases Contract Period: June 1, 2004 through May 31, 2005 Buyer Name: B04; Doug Tinkey; CHANGE SUMMARY: Contract Renewal The following suppliers have updated pricing as per the contract s price change clause. All price lists are effective 6/1/04. Airgas East, Harrisburg, PA BOC Gases, Lebanon, NJ Messer GT&S LP, York, PA Praxair Distribution Inc., Bethlehem, PA Praxair Inc., Danbury, CT Scott Specialty Gases, Plumsteadville, PA ALL OTHER TERMS AND CONDITIONS OF THIS AGREEMENT WHICH ARE NOT CHANGED BY THIS AMENDMENT REMAIN AS ORIGINALLY WRITTEN.

11 Contract Reference Number: Collective # CN & CN Change Number: 3 Change Effective Date: 5/17/05 COMMONWEALTH OF PENNSYLVANIA For: All Using Agencies of the Commonwealth Medical, Industrial and Specialty Gases Contract Period: June 1, 2003 through May 31, 2004 Renewed thru May 31, 2005 Buyer Name: CHANGE SUMMARY: In accordance with the contract clause, Option to Renew, the subject contract is hereby renewed by mutual consent of the Commonwealth of Pennsylvania and the suppliers listed below for an additional one (1) year period, beginning June 1, 2005 through May 31, The contractors are current with the Contractor Responsibility Program: Airgas East, Harrisburg, PA Messer GT&S LP, York, PA Respiratory & Convalescent Specialties Inc., dba RCS Industrial, Larksville, PA ALL OTHER TERMS AND CONDITIONS OF THIS AGREEMENT NOT CHANGED BY THIS CHANGE NOTICE REMAIN AS ORGINALLY WRITTEN.

12 Contract Reference Number: Collective Number: CN Change Number: 4 Change Effective Date: 5/20/05 COMMONWEALTH OF PENNSYLVANIA For: All Using Agencies of the Commonwealth Medical, Industrial and Specialty Gases Contract Period: June 1, 2003 through May 31, 2004 Renewed thru May 31, 2005 Buyer Name: CHANGE SUMMARY: In accordance with the contract clause, Option to Renew, the subject contract is hereby renewed by mutual consent of the Commonwealth of Pennsylvania and the suppliers listed below for an additional one (1) year period, beginning June 1, 2005 through May 31, The contractors are current with the Contractor Responsibility Program: Scott Specialty Gases ALL OTHER TERMS AND CONDITIONS OF THIS AGREEMENT NOT CHANGED BY THIS CHANGE NOTICE REMAIN AS ORGINALLY WRITTEN.

13 Contract Reference Number: Change Number: 5 Change Effective Date: 5/27/05 COMMONWEALTH OF PENNSYLVANIA For: All Using Agencies of the Commonwealth Medical, Industrial and Specialty Gases Contract Period: June 1, 2003 through May 31, 2004 Renewed thru May 31, 2005 Renewed thru May 31, 2006 Buyer Name: CHANGE SUMMARY: Effective June 1, 2005 Scott Specialty Gases has updated pricing as per the contract s price change clause. The new catalog date is February 25, ALL OTHER TERMS AND CONDITIONS OF THIS AGREEMENT NOT CHANGED BY THIS CHANGE NOTICE REMAIN AS ORGINALLY WRITTEN.

14 Contract Reference Number: Change Number: 6 Change Effective Date: 5/20/05 COMMONWEALTH OF PENNSYLVANIA For: All Using Agencies of the Commonwealth Medical, Industrial and Specialty Gases Contract Period: June 1, 2003 through May 31, 2004 Renewed thru May 31, 2005 Buyer Name: CHANGE SUMMARY: In accordance with the contract clause, Option to Renew, the subject contract is hereby renewed by mutual consent of the Commonwealth of Pennsylvania and the suppliers listed below for an additional one (1) year period, beginning June 1, 2005 through May 31, The contractors are current with the Contractor Responsibility Program: Paxair Inc Effective June 1, 2005 Paxair Inc has updated pricing as per the contract s price change clause. ALL OTHER TERMS AND CONDITIONS OF THIS AGREEMENT NOT CHANGED BY THIS CHANGE NOTICE REMAIN AS ORGINALLY WRITTEN.

15 Contract Reference Number: Change Number: 7 Change Effective Date: 5/20/05 COMMONWEALTH OF PENNSYLVANIA For: All Using Agencies of the Commonwealth Medical, Industrial and Specialty Gases Contract Period: June 1, 2003 through May 31, 2004 Renewed thru May 31, 2006 Buyer Name: Toniann Noss CHANGE SUMMARY: Messer GT&S LP name and address are changed as follows: Air Liquide Industrial US LP W. Germantown Pike East Norriton PA Contact person: Marsha Staub Telephone Number: ext 3557 ALL OTHER TERMS AND CONDITIONS OF THIS AGREEMENT NOT CHANGED BY THIS CHANGE NOTICE REMAIN AS ORGINALLY WRITTEN.

16 Contract Reference Number: SAP # s: ; ; ; ; ; & CN Number: & Change Number: 8 Change Effective Date: 08/01/05 COMMONWEALTH OF PENNSYLVANIA For: All using Agencies of the Commonwealth Gases; Medical, Specialty & Industrial Contract Period: Beginning June 1, 2003 and Ending May 31, 2004 (Renewed through May 31, 2006) Buyer Name: Toniann D. Noss or tnoss@state.pa.us CHANGE SUMMARY: This contract has been assigned to Commodity Specialist Toniann D. Noss. The contact information is: Toniann D. Noss, Commodity Specialist Department of General Services Bureau of Procurement 6 th Floor, 555 Walnut Street Harrisburg, PA Phone: Fax: tnoss@state.pa.us ALL OTHER TERMS AND CONDITIONS OF THIS AGREEMENT NOT CHANGED BY THIS CHANGE NOTICE REMAIN AS ORGINALLY WRITTEN.

17 COMMONWEALTH OF PENNSYLVANIA Contract Reference Number: Collective Number: CN , CN SAP Contract Number: , , , , Change Number: 9 Change Effective Date: 01/13/2006 For: All using Agencies of the Commonwealth Gases, Medical, Specialty & Industrial Contract Period: Beginning June 1, 2003 and Ending May 31, 2006 Buyer Name: Liz Bollinger CHANGE SUMMARY: This contract has been assigned to Commodity Specialist Liz Bollinger. The contact information is: Liz Bollinger, Commodity Specialist Department of General Services Bureau of Procurement 6 th Floor, 555 Walnut Street Harrisburg, PA Phone: Fax: ebollinger@state.pa.us ALL OTHER TERMS AND CONDITIONS OF THIS AGREEMENT NOT CHANGED BY THIS CHANGE NOTICE REMAIN AS ORGINALLY WRITTEN.

18 Contract Reference Number: Collective Number: CN SAP Contract Number: Change Number: 10 Change Effective Date: 02/13/2006 COMMONWEALTH OF PENNSYLVANIA For: All using Agencies of the Commonwealth Gases, Medical, Specialty and Industrial Contract Period: Beginning June 1, 2003 and Ending May 31, 2006 Buyer Name: CHANGE SUMMARY: Liz Bollinger This change notice is to all using agencies of the Commonwealth Airgas Inc. # has added Dale Oxygen, SAP Vendor# , as an authorized distributor supporting the Gas Contract ALL OTHER TERMS AND CONDITIONS OF THIS AGREEMENT NOT CHANGED BY THIS CHANGE NOTICE REMAIN AS ORGINALLY WRITTEN.

19 Contract Reference Number: Collective Number: CN Change Number: 11 Change Effective Date: COMMONWEALTH OF PENNSYLVANIA For: Contract Period: Buyer Name: Liz Bollinger CHANGE SUMMARY: All using Agencies of the Commonwealth Medical, Industrial and Specialty Gases Beginning June 1, 2003 through May 31, 2004 renewed through May 31, 2006 Air Liquide Industrial US LP name and address are changed as follows: GT&S, Inc. PO Box Newark, NJ Contact: Bill Rohrer ALL OTHER TERMS AND CONDITIONS OF THIS AGREEMENT NOT CHANGED BY THIS CHANGE NOTICE REMAIN AS ORIGINALLY WRITTEN. ALL OTHER TERMS AND CONDITIONS OF THIS AGREEMENT NOT CHANGED BY THIS CHANGE NOTICE REMAIN AS ORGINALLY WRITTEN.

20 Contract Reference Number: Collective Number: CN , CN SAP Contract Number: Change Number: 12 Change Effective Date: COMMONWEALTH OF PENNSYLVANIA For: Contract Period: Buyer Name: Liz Bollinger All using Agencies of the Commonwealth Gases, Medical, Specialty & Industrial Beginning June 1, 3003 through May 31, 2006, and being extended through August 31, 2006 CHANGE SUMMARY: This change notice is to notify all using agencies of the Commonwealth that for Gases, Medical, Specialty & Industrial is being extended through August 31, Scott Specialties Airgas, Inc Praxair, Inc /03 Praxair Distribution GT & S, Inc Columbia Ancillary Service Inc. DBA Respiratory & Convalescent Specialties ALL OTHER TERMS AND CONDITIONS OF THIS AGREEMENT NOT CHANGED BY THIS CHANGE NOTICE REMAIN AS ORIGINALLY WRITTEN.

21 Contract Reference Number: Collective Number: CN , CN SAP Contract Number: Change Number: 13 Change Effective Date: 06/02/2006 COMMONWEALTH OF PENNSYLVANIA For: Contract Period: Buyer Name: Liz Bollinger All using Agencies of the Commonwealth Gases, Medical, Specialty & Industrial Beginning June 1, 2003 through May 31, 2006 and being extended through August 31, 2006 CHANGE SUMMARY: This change notice is to notify all using agencies of the Commonwealth that Messer GT&S LP ( ) and Respiratory & Convalescent Specialties Inc dba RCS Industrial ( )have incurred name changes. These contracts have both been superseded with new contract numbers and legal name changes. For future orders, please refer to the new contract numbers and supplier names referenced below. These contract will remain a part of the three month extension ending August 31, 2006 in conjunction with all other suppliers referenced on the extension in change order number 12. Please utilize these NEW contract numbers moving forward: GT & S, Inc Columbia Ancillary Service Inc. dba Respiratory & Convalescent Specialties ALL OTHER TERMS AND CONDITIONS OF THIS AGREEMENT NOT CHANGED BY THIS CHANGE NOTICE REMAIN AS ORIGINALLY WRITTEN.

22 COMMONWEALTH OF PENNSYLVANIA Contract Reference Number: Collective Number: CN , CN SAP Contract Number: , , , , Change Number: 14 Change Effective Date: 08/30/2006 For: All using Agencies of the Commonwealth Gases Contract Period: Beginning June 1, 2003 (being renewed to August 31, 2007) Buyer Name: Liz Bollinger CHANGE SUMMARY: This change notice is to notify all using agencies of the Commonwealth that for Gases is being renewed through August Scott Specialties Airgas, Inc Praxair Distribution Inc Praxair, Inc GT & S, Inc Columbia Ancillary Service Inc. DBA Respiratory & Convalescent Specialties ALL OTHER TERMS AND CONDITIONS OF THIS AGREEMENT NOT CHANGED BY THIS CHANGE NOTICE REMAIN AS ORIGINALLY WRITTEN.

23 Contract Reference Number: Collective Number: CN , CN SAP Contract Number: , , , , Change Number: 15 Change Effective Date: 08/27/07 COMMONWEALTH OF PENNSYLVANIA For: All using Agencies of the Commonwealth Gases Contract Period: Beginning June 1, 2003 (being renewed to August 31, 2007) Buyer Name: Liz Bollinger CHANGE SUMMARY: This change notice is to notify all using agencies of the Commonwealth that for Gases is being extended through November 30, Scott Specialties Airgas, Inc Praxair Distribution Inc Praxair, Inc GT & S, Inc Columbia Ancillary Service Inc. DBA Respiratory & Convalescent Specialties ALL OTHER TERMS AND CONDITIONS OF THIS AGREEMENT NOT CHANGED BY THIS CHANGE NOTICE REMAIN AS ORIGINALLY WRITTEN.

24 COMMONWEALTH OF PENNSYLVANIA Contract Reference Number: Collective Number: CN , CN SAP Contract Number: , , , , Change Number: 16 Change Effective Date: 11/30/2007 For: Contract Period: Buyer Name: Liz Bollinger All using Agencies of the Commonwealth Gases Beginning June 1, 2003 (being renewed to November 30, 2008) CHANGE SUMMARY: This change notice is to notify all using agencies of the Commonwealth that for Gases is being renewed through November 30, Scott Specialties Airgas, Inc renewed with new pricing effective Praxair Distribution Inc Praxair, Inc renewed with new pricing effective GT & S, Inc renewed with new pricing effective Columbia Ancillary Service Inc. DBA Respiratory & Convalescent Specialties ALL OTHER TERMS AND CONDITIONS OF THIS AGREEMENT NOT CHANGED BY THIS CHANGE NOTICE REMAIN AS ORIGINALLY WRITTEN.

25 COMMONWEALTH OF PENNSYLVANIA Contract Reference Number: Collective Number: CN , CN SAP Contract Number: , , , , Change Number: 17 Change Effective Date: 02/21/2008 For: Contract Period: Buyer Name: Liz Bollinger All using Agencies of the Commonwealth Gases Beginning June 1, 2003 (being renewed to November 30, 2008) CHANGE SUMMARY: This change notice is to notify all using agencies of the Commonwealth that Airgas East, Contract # , will be adding a partner, Great Lakes Airgas, Vendor # For those geographic locations being serviced from this Airgas location should use vendor # All contract pricing will remain the same for both Airgas locations. Both locations will be referenced under Contract # ALL OTHER TERMS AND CONDITIONS OF THIS AGREEMENT NOT CHANGED BY THIS CHANGE NOTICE REMAIN AS ORIGINALLY WRITTEN.

26 COMMONWEALTH OF PENNSYLVANIA Contract Reference Number: Collective Number: CN , CN SAP Contract Number: , , , , Change Number: 18 Change Effective Date: 03/19/2008 For: All using Agencies of the Commonwealth Gases Contract Period: Beginning June 1, 2003 (being renewed to November 30, 2008) Buyer Name: Liz Bollinger, Ph: CHANGE SUMMARY: This change notice is to correct change notice 17 with regard to referencing the vendor number for Airgas Great Lakes. The vendor number for Airgas Great Lakes is # All using agencies of the Commonwealth that Airgas East, Contract # , will be adding a partner, Great Lakes Airgas, Vendor # For those geographic locations being serviced from this Airgas location should use vendor # All contract pricing will remain the same for both Airgas locations. Both locations will be referenced under Contract # ALL OTHER TERMS AND CONDITIONS OF THIS AGREEMENT NOT CHANGED BY THIS CHANGE NOTICE REMAIN AS ORIGINALLY WRITTEN.