36C24122Q0306 0002.docx

36C24122Q0306

5. PROJECT NUMBER (if applicable)

CODE

7.

ADMINISTERED BY

2. AMENDMENT/MODIFICATION NUMBER

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NUMBER

3. EFFECTIVE DATE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED

PAGE OF

PAGES

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED

BPA NO.

1. CONTRACT ID CODE

FACILITY CODE

CODE

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

E. IMPORTANT:

is extended,

(a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE

OF YOUR

ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.

12. ACCOUNTING AND APPROPRIATION DATA

(REV. 11/2016)

is required to sign this document and return ___________ copies to the issuing office.

is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO:

Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

15C. DATE SIGNED

B. THE ABOVE NUMBERE

D CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES

SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

RESULT IN REJECTION OF YOUR

OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendmen t, and is received prior to the opening hour and date specified.

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER

Contractor

16C. DATE SIGNED

14. DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED

STATES OF AMERICA

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER

16A. NAME AND TITLE OF

CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

STANDARD FORM 30

PREVIOUS EDITION NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.243 (Type or print) (Type or print) (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(Number, street, county, State and ZIP Code) (If other than Item 6) (Specify type of modification and authority) such as changes in paying office, appropriation date, etc.)

(If required)

(SEE ITEM 11)

(SEE ITEM 13)

(X)

CHECK

ONE

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF

SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

(Signature of person authorized to sign) (Signature of Contracting Officer) Department of Veterans Affairs

VAMC

Manchester 718 Smyth Road Manchester NH 03104 Department of Veterans Affairs VAMC Manchester 718 Smyth Road Manchester NH 03104 To all Offerors/Bidders

36C24122Q0306 03-03-2022

X

X The purpose of this amendment is as follows.

1.

Repost the solicitation due to a typo of the CS email address 2.

Submissions and questions are to be submitted to Kurt.Fritz@VA.

gov 3.

Solicitation will be posted from 05/04/2022 – 05/06/2022.

. Attach answers to questions that have been asked on the solicitation.

Answers are in Bold Red Highlights Bulk Medical Grade Liquid Oxygen - 6C24122Q0306_1 Q1: Page 5 of 56 Para 1.2 states the Period of Performance (POP) as 2022 to 2027. Is there any thought of soliciting (7) Ordering Periods as RPOC is doing currently? This is significant in that the GOV is requiring Tank size upgrades to include compliance upgrades. No this solicitation is for a five (5 ) year BPA and we are anticipating a start date of 10/05/2022 Q2: Is there any thought of having (7) Ordering Periods (not Base and Options) as done in RPOC? This adds continuity and results in the GOV getting the best pricing from vendors because they can amortize the tank/upgrade investment over a longer guaranteed period. The VA has done this for (4) VISNs in RPOC and the VAMC West Haven has some compliance problems and the RFQ mandates tank upgrades. No this solicitation is for a five (5) year BPA and we are anticipating the start date of 10/05/2022 Q3: Page 5 of 56 Para 1.3 - The current tank “line up” is existing West Haven Tanks being a Main of 6,000 GAL and a 500-GAL reserve. Newington has a 1,500-GAL main tank with a 150-GAL reserve. Please confirm that all tanks, support pads, electrical power, and piping meet existing NFPA standards as said in Para 1.3 (conflicting information) If existing equipment is antiquated and out-of-date that requires an upgrade to suffice code standards, these shall be inclusive as install requirements.? Respectfully, does all tank locations meet NFPA Standards as stated in Para 1.3? This is very confusing to offerors as to the status of the existing equipment/GFE Compliance? The existing equipment has been under contract with the current contract’s vendor for the duration of the existing contract. If the existing or a new vendor is awarded, it is expected that the contractor shall comply with the newest codes and requirements at the time of award. Existing equipment is rented. All equipment shall conform to the new codes

Q3A: Further states: The Government facility shall require the contract to provide a contractor supplied 9000-gallon vertical tank with an appropriate 900-gallon reserve tank back-up system for West Haven and a contractor supplied vertical 1500-gallon tank with an appropriate 150-gallon reserve tank back-up system for Newington, all meeting NFPA 99 code standards. Each tank shall be placed where the existing was. Succinctly – please confirm the GOV is asking the vendor to: VAMC West Haven a 6,000-GAL Main Bulk Tank (currently in place) to an upgrade 9,000 GAL main tank – and, an existing 500 GAL reserve Tank to an new 900 GAL reserve tank.

Please confirm the existing to “upgrade” requirement for Newington?

The existing equipment shall be removed and replaced with new equipment. The VA is increasing the size of the capacity for West Haven main tank and reserve tanks. The VA is increasing the size capacity of only the reserve tank in Newington. As the existing tanks are rented in Newington, replacement shall be required for new vendors, compliance to newest codes and requirements shall apply. If the existing vendor is awarded, they must inspect the existing main tank and verify that it complies with current codes and requirements. Replacement of existing equipment to new is expected if the existing vendor were to be awarded the contract.

Q4: Can we vendors get a copy of the last annual inspections for both locations – given NFPA requires “the owner of the tanks” to conduct an annual inspection of the tanks by a 3PP provider? Current contractor locating them Q5: Are there any historical problems with the GOV Alarm Panel inside the hospital? No there has not been any historical problems within the last six (6) years.

Q6: Page 5 of 56 Para 1.3 states Each tank shall be placed where the existing was. Removal of existing tanks/associated equipment and replacement with new tanks/associated equipment shall be required by the contractor. CO is not sure what you are asking, there is no question here. If you are asking if the tanks will be installed where the current tanks are then yes is the answer.

Q7: Page 5 of 56 Para 1.3 states: Specifications for this facility are listed in the solicitation schedule; O2 Tank Pad As-Builts, Med Gas EOSC Final Report & Commissioning Report. We cannot find these documents in the RFQ on SAM.GOV. Contracting will remove this from the solicitation. There is no commissioning report due to the pads being built more than 20 years ago.

Q8: Page 5 of 56 Para 1.3 states: If the hospital is relocating the tank system from an old location to a new location, the Government may require the Contractor to provide a temporary liquid Oxygen supply while the Government ties in their distribution system to the new tank system. Is there any plans for the hospital to relocate the tanks from the existing locations? This statement is for changes within the period of the contract. The VA system is constantly changing trying to support their customer base the best as possible. Changes of condition in relation to new construction, changes of service supply locations, accessibility, and security are ever changing the landscape that can change a utility’s location. For this, the statement is provided. At this time, the West Haven And Newington facilities are not planning to relocate the O2 bulk storage locations or supply line into the facility. This, however, doesn’t include current projects within design or future designs which shall result in construction that may affect the O2 storage during the period in which this contract will encase.

Q9: Page 6 of 68 Para 1.7 states the annual usage for the facilities is 11,000,000 per CCF (100/CCF as indentified on page 6 of 56 para 2.1 – “acronyms). Is this unit of issue/usage correct? If 11,000,000 was the billable figure, even at $1.00 per 100/CCF – this would equate to an $11,000,000 dollar, per year contract? :-0 respectfully, is the actual usage 11,000,000 SCF, divisable by 100 = an actual usage of 110,000 100/ccf annually? Please note, Newington has 7,000,000 CLIN 003 as well? Please clarify the Newington requirment? This statement does not reflect what the line items are in the schedule. The line items are listed as CF not CCF. And the qauntities listed are correct.

Q10: Page 7 of 56 – Para 4.1 states: The tank capacity and reserve system shown in the schedule are minimum capacities required by this facility. Confirm the Facility intends to upgrade tanks? Yes we are upgrading out tank sizes as described in the Statement of Work Q11: Page 7 of 56 Para 4.3 - The contractor shall provide, install a telemetry monitoring satellite system to automatically read the meter for deliveries. The installation, inspection and maintenance costs shall be included in the contract’s monthly equipment rental fee for this facility. Please note, there is no CLIN for Telemetry? Will the GOV add this in an Amendment? No additional line items will be added. The SOW clearly states that cost shall be included in the contractors monthly rental fee. Line items 0004 and 0005 for example on the first year.

Q12: Page 8 of 56 Para 6.1 states under Licensing, Authorization, and Selling Permissions:

If the Contractor is the manufacturer of the medical grade bulk oxygen being supplied under this contract, it shall annually provide verification that it holds current licensing, permits, certifications or registrations required by the FDA and the states in which this contract is performed.

This conflicts with Page 9 of 56 Para 6.3 that states “ Throughout the term of this contract, Contractor shall maintain all federal, state, and local licenses applicable to the Contractor as well as any required FDA certifications.” Please note the SDVOB Awardee is the accountable entity to the GOV. This is a distribution contract – not a manufacturing contract. Is the GOV inferring that the SDVOB awardee – Prime Contractor does not require a Wholesale Distribution License in the State of CT? This would mean the Prime Contractor would NOT have to be licensed in the Pharmaceutical Chain of Custody – leaving an unlicensed contractor in the event of problematic situations – a significant liability to both the VA and the Contracting Authority who vetted that contractor.

VA does not see a conflict between these two paragraphs and the awarded contractor is responsible for following the requirement in paragraph 6.3 which says Throughout the term of this contract, Contractor shall maintain all federal, state, and local licenses applicable to the Contractor as well as any required FDA certifications.

Q13: Page 48 of 56: Please provide the GOV rationale that Past Performance will be determined as part of responsibility matters – as this rationale is required by FAR 13 to be inclusive to the contract file documents (FOIA/PROTEST) – which states:

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals—

(1) [ ] Are, [ ] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency.

(2) [ ] Have, [ ] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property;

(3) [ ] Are, [ ] are not presently indicted for, or otherwise criminally or civilly charged by a government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) [ ] Have, [ ] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104–5(a)(2) for which the liability remains unsatisfied.

Please explain, or provide the Contract File documentation (required under FAR 13) how responsibility matters substitutes for Recent and Relevant Past Performance (predictive analysis / CPARS for “like work”) – specifically, the RESPONSIBILITY MATTERS is an administrative compliance metric which is not a transferable skill set to providing Bulk Liquid Oxygen to a High Volume (VAMC West Haven 11,000,000 and Newington 7,000,000) requirement? Please provide the contract file documentation as required by FAR 13. How does tax liability, etc. have to do recent and relevant Past Performance with an SDVOB Vendors capability and capacity to support Bulk Liquid Oxygen at two high volume VAMCs? Does the VA’s stated focus on “Veteran Care” blend with this RFQ evaluation metric?

52.212-2 is replaced with the following:

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Technical Capability: : Contractor shall provide all licensing and certifications as required in section 6 of the statement of work. Technical will be rated as a go/ no go Past Performance: Will be checked as part of responsibility. Once technical acceptability is met price will be the final factor.

Price: Must be found to be fair and reasonable.

Note: Past Performance will not be a factor for evaluation. VA will utilize past performance in performing it’s responsibility determination under FAR Part 9.