36C24222Q0735 0001.docx

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) 06-24-2022 None 36C242 Department of Veterans Affairs Network Contracting Office 2 James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx NY 10468-3904 36C242 Department of Veterans Affairs James J. Peters VA Medical Center Network Contracting Office 2 130 West Kingsbridge Road Bronx NY 10468-3904 To all Offerors/Bidders

36C24222Q0735 06-24-2022

X X X ** HOUR & DATE for Receipt of Offers is EXTENDED to: June 28, 2022 at 10:00AM EST X The above referenced RFQ/Solicitation identified in block 9a for VISN 2 Downstate Medical Grade Bulk Liquid Oxygen has been amended.

The purpose of this modification is to notify interested parties of the following:

1) Questions and Answer has been uploaded.

2) The Price Schedule has been revised. Se e attached excel spreadsheet.

3) Instructions to Offeror has been updated. Please refer to new instructions prior to submitting a quote.

4) Add VAAR 852.219-78 VA Notice of Limitations on Subcontracting-Certificate of Compliance for Supplies and Prod ucts.

All quotes must complete LOS and submit with their quote.

5) The closing date has been changed from June 27, 2022 at 10:00am EST to June 28, 2022 at 10:00am EST.

Charnell Cunningham Contracting Officer Downstate VISN 2 Bulk Oxygen

RFQ 36C24222Q0735

Questions and Answers

1. PGs 12/13 of 79, 11) Government-Furnished Property, “The contractor is responsible for performing minor maintenance on the Government Owned bulk tank systems. Minor maintenance required of the contractor includes validating that the fittings are securely fastened to the system, testing, minor de-icing, and adjusting alarms as required.” What is the rationale that vendors must incur the cost of “minor maintenance” when there is a cost just to deploy a technician to site alone? Additionally, De-Icing is accounted for on the Pricing Schedule and alarms systems internal to the hospital are the responsibility of the GOV.” This was refuted on the RPOC Bids as there is no definition of “minor” in the Acquisition.GOV glossary of terms? Who would be the arbiter to define “minor” either level of effort or dollar value? As a practical matter, RAS must deploy the “on call” Technician (Regional, and often out of state) -- to address “minor maintenance” (requested by the GOV), and the TECH’s evaluation may not be “minor?”

ANSWER: The contractor is expected to validate that the fittings are securely fastened to the system, testing, minor de-icing, and adjusting alarms when they are already on site to fill the tanks or if the contractor is already onsite for other reasons regarding the bulk oxygen tanks.

1. Q. What is the GOV’s rationale (contained in the contract file) for evaluating by Lowest Priced Technically Acceptable for a health care service as critical as Medical Grade Gas for Human Consumption (Oxygen being a prescription drug)? For example, the VAMC Rocky Mountain Regional (CO) is evaluated:

https://sam.gov/opp/7e4c977b47cd44eda5f0227b971e889f/view 6830--Bulk Oxygen Delivery and Tank Rental for Rocky Mountain Regional VA Medical Center - 36C25922Q0435 ANSWER: The agency believes that quotes will require little subjective judgement by the Evaluation Team as to the desirability of one quote over another. We do not therefore believe that quoters could provide added value or benefit that would justify a best value/tradeoff.

1. Q. Please confirm what the contract length is, as there are conflicting requirements. PG 5 of 78 Pricing Periods identifies that the contract has a five-year ordering period. Yet, P. 23 of 78 B.3 PRICE/COST SCHEDULE: Para 1: “Contractor shall provide medical-grade bulk liquid oxygen for facilities located in VISN 2 in accordance with the schedule, specifications listed in the Statement of work, and the terms and conditions of this contract for a base period of seven (7) years.”

ANSWER: This is a five-year ordering period.

1. Q. PG 9 of 78 “The driver shall convert gallons to ft3 (CF) and CCF quantity and shall list these numbers on the delivery slip…” What is the rationale for having the driver convert gallons to both CF and CCF and list these numbers on the delivery ticket when the UOM on the Price Schedule is CCF?

ANSWER: The driver shall ensure that the conversion between gallons, ft³ (CF), and CCF quantity is accurate so that these numbers listed on the delivery slip will be consistent with the details on the resulting invoice in order to facilitate invoice certification.

1. Q. PG 16 of 78 - 14) Licensing, Authorization, & Selling Permissions Para 3, The GOV identifies that “the contractor shall maintain all federal, state, and local licenses applicable to the contractor…” Will the GOV confirm that the Prime Contractor must be licensed to distribute medical grade liquid oxygen (a prescription drug) as well as provide a copy of their licensures in both their home state as well as for New York and New Jersey (Note both states require licensing to distribute medical oxygen and specialty gases for Human Consumption in this contract at time of bid submission? Please note that the Certificate of Compliance requires the offeror to certify they take ownership/responsibility for the Delivered Gases, hence the gases are the responsibility of the awarded SDVOB both State licensure and Insurance coverage for distributing Cryogenic Gases.

ANSWER: While the contractor must obtain all applicable federal, state, and local licenses, the solicitation does not require the prime contractor to provide copies of their licenses at the time quotes are due.

1. Q. Insurance Requirements: How is the GOV going to discern that the offeror is properly insured for NAICS 325120/221210 – the actual requirement for this work to comply with the RFQ, and not just the dollar value thresholds listed in the RFQ? Specifically – does this mean insured for NAICS 325120/221210 and how does offerors validate they have the correct type of Liability Insurance to the GOV – does this have to be affirmed to the GOV at the time of bid submission (if not, an awarded firm could be turned down, or not be able to afford this coverage in the amounts the GOV requires respective to NAICS 325120 (which is the NAICS VISN 2 is being solicited for)? This is important because there are very few underwriters that will insure small businesses for compressed gases – hence the GOV’s requirement is met -- would be covered if the Insurance Certificate lists the applicable NAICs?

ANSWER: Per the Statement of Work and C.7 Supplemental Insurance Requirements, quoters are required to carry general liability insurance in the amount of $1 million and provide a copy of this documentation with its quote. The requirement is for general liability insurance, it is not specific liability coverage for a particular NAICS code.

1. Q. PG 54 of 78 Volume Two – Technical Para b. – Requests a copy of the subcontractor’s license but does not include the Prime Contractor licenses. How will the GOV ensure compliance that the Prime Contractor will be licensed if there is not a specific requirement outlined in the Technical for the Prime to provide their license at time of bid submission?

ANSWER: The SOW requires that the prime contractor have all applicable licenses in order to perform. The government can ask for copies of those licenses at any time during the performance of the contract.

1. Q. CLIN 0001/SLIN2 AD, AJ, AR, AY, BE, BJ, BO, & BS – is for De-icing and Bulk Liquid Oxygen Tank System Repairs:

7. What is the GOV rationale for putting these two dissimilar functions under one SLIN?

7. What does the GOV consider to be “Tank System Repairs”? These would require a site evaluation, resulting quote, and authorization for repair from the COR/POC?

7. How does the GOV expect an Offeror to provide pricing for an unknown repair?

We are removing the clins and for major deicing will be replace on a different task ANSWER: All de-icing and tank system repairs CLINs will be removed. Orders for major de-icing or tank system repair will be place separately outside of this contract.

1. Q. Price Schedule – CLIN 0001/SLIN2 AE & AF – The descriptions for the “FILLS” & RENTALs” are reversed. Please amend to correct this.

ANSWER: This will be corrected. See revised price schedule.

1. Q. Price Schedule – CLIN 1001/SLIN2 AD – De-icing & Bulk Liquid Oxygen Tank System Repairs (Brooklyn) – is not listed as a SLIN2 in the subsequent option years. Can the GOV please review the SLIN2 structure and confirm if this was intentional as this is a GOV Owned tank?

ANSWER: Refer to number 8 answer.

1. Q. Price Schedule – CLIN 1001 /SLIN2 BQ – Medical Grade Bulk Liquid Oxygen Fills (East Orange) has a qty of 73,562 in COL K; yet all subsequent years show the estimated quantity as 73,563? Can the GOV confirm which is the correct quantity?

ANSWER: 73,563 is correct the estimated quantity. See revised price schedule.

1. Q. Will the GOV add VAAR 852.219-78 Limitations of Subcontracting – Certificate of Compliance which requires that the Prime Contractor affirms that “the offeror certifies that it will take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice”? NOTE: “Industry practice as determined by the Compressed Gas Association (CGA) and the Gas and Welders Distributors Association (GAWDA) compliance sections require adherence to State Licensure requirements, which ensures capable SDVOBSs are accountable and relates directly to the statutory requirement of Prime Contractors having to be licensed within the States of NY & NJ Board of Pharmacy to distribute medical grade liquid oxygen (a prescription drug).

ANSWER: All quoters shall complete the attached clause 852.219-78 VA Notice of Limitations on Subcontracting—Certificate of Compliance for Supplies and Products and should submit with their quotes.

1. Q: PG 16 of 79, 14) Licensing, Authorization, and Selling Permissions states:

· If the contractor is not the manufacturer of the medical grade oxygen being supplied under this contract, the contractor shall annually provide verification that the manufacturer from which it obtains the medical grade bulk oxygen provided to VA under this contract holds current licensing, permits, certifications or registrations required by the FDA and the states in which this contract is performed. In addition, the contractor shall provide annual updates to any agreements it has with the medical-grade oxygen manufacturer affirmatively demonstrating that the contractor has authorization by the manufacturer to resell the oxygen the contractor is providing under this contract. In the event of a change in manufacturer, the contractor shall provide advance notice to the VA prior to the change taking place and shall provide copies of the new medical-grade oxygen manufacturer’s current licenses, permits, certifications or registrations required by the FDA and the states in which this contract is performed. The contractor shall also provide a copy of its agreement with the new manufacturer demonstrating that the contractor has authorization by the manufacturer to resell the oxygen the contractor intends to provide under this contract.

· Yet further states in the next bullet on PG 16, “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. New York & New Jersey require licensing in this bid, which includes the offeror being licensed in their home state.

· Succinctly, how is the GOV ensuring compliance with this? Please Note New York and New Jersey in VISN 2 both have state board(s) of pharmacy that specifically require the Prime Contractor (SDVOB) to be licensed, as the SDVOB is the Contract holder and, the accountable entity to the GOV. Please note that in those states that require licensing - all parties in the pharmaceutical supply chain are required to be licensed in those States where the Board of Pharmacy requires as Medical Grade Oxygen and Specialty Gases for Human Consumption are classified by the FDA as a drug that requires a physician’s prescription. For VA-WIDE uniform application -- please see the recent RFQ for the VAMC Miami, FL MED CYLs (Bulk & CYLs are the same), that clearly depicts that offers must be “fully licensed in the State of Florida:” We understand VISN 2 “is not Florida – but it is still the Veterans Administration – hence uniformly applicable, where required by individual https://sam.gov/opp/4a495f18469a4fd7ab1b2996b6d1192c/view 6830--Medical Gases for Miami VA Health system - 36C24822Q0322

· P. 8 Para 10. QUALIFICATIONS, CERTIFICATION AND TRAINING

· Contractor shall be fully licensed and accredited to provide medical gas services in the states of Florida for the duration of the resulting contract. * Provide current licensing with Technical Quote.

· Please note, where applicable these licensing requirements are applicable to the Prime Contractor, not the subcontractor. Lastly (unbelievably) FYI – (not the FED GOV responsibility – info only) some Cities require a Franchise Tax for operating in their City (Tucson, AZ).

ANSWER: The SOW requires that the prime contractor have all applicable licenses in order to perform. The government can ask for copies of those licenses at any time during the performance of the contract.

1. Q: Page 8 of 79, Section 7) ORDERING States:

· HVA facilities may accept the standard fill point established by the Contractor. However, VA Safety and/or Engineering personnel reserve the right to establish different fill point settings for the bulk liquid oxygen tank systems. Any amended fill point settings will be communicated to the Contractor by each facility’s Ordering Officials or COR

· Relative Comment: This is a very contentious item in that if the Facility representative changes the Set Points – this increases the delivery frequency, in that a facility could change the reorder points seen on the site visit, etc. Can the GOV inform offerors what facility is choosing to modify their set points, so their delivery fees are adjusted? The reason being is an awardee would be initiating resupply when the tank is half full or more, with no predicated calculations when bidding? Can the GOV provide what facilities intend to set their own reorder point, and if so, allow the offer to annotate their delivery fee as such? In practical terms, the highest cost of Bulk Oxygen is distribution, distribution costs are already driven higher by the increased COVID-19 response, as well as the work situation driving the price of gasoline significantly higher. When resupplying telemetrically – we can calculate our costs based on a myriad of factors such as tank sizes, GOV Provided estimated usages / 12 months (usage per month), hence provide the best pricing to the GOV, based on best practices? Please note, when impending storms/hurricanes, it is the vendors responsibility to ensure the facility are evaluated and refilled prior to the storm (ice storm, hurricane, etc.)

ANSWER: Currently, there are no VA facilities that plan to modify their set points.

1. Q: Can the GOV confirm what this is being solicited under? (FAR 13)? This is important int that the evaluation for this requirement (8) VAMCs, is “lowest price technically acceptable (LPTA)” and given the dollar threshold for FAR 13, $250K, yet if the requirement exceeds that threshold, the contract file must contain the rationale for using LPTA – and be approved by the Head of Agency. Respectfully, can the GOV confirm that this has been done (often a FOIA is submitted to validate this). The reason we ask is (8) VAMCs, supplying Bulk Liquid Oxygen during pandemic conditions is a critical hospital function.

· Please note, page 53 of 79 states “Past Performance is not a separate evaluation factor for this procurement. Past Performance will be reviewed as part of the Contracting Officers Responsibility determination prior to Contract Award in accordance with FAR part 9.104-1” Additionally, the same requirements are applicable for NOT using Recent and Relevant Past Performance as an evaluation factor – relegating Responsibility matters, an administrative (not operational) determination? In sum, the Contracting file must also contain the GOV’s rational for NOT using Past Performance as an evaluation metric, this is a very contentious item – why is Past Performance NOT an evaluated factor, and furthermore – what is the linkage between “Responsibility Matters” a compliance metric to ensure vendors have no tax liability, nor criminal proceedings (which would disallow licensing in a state), etc. – all administrative affirmations which has (arguably) very little with an SDVOBs ability to be in material control of daily operations, invoice the GOV and pay vendors on time, and have a robust Customer Service to directly address the VETERAN CARE needs (8) VAMCs.

ANSWER: The acquisition is being solicited under FAR part 13.5. Any required justification will be executed.

FAR 13 states that acquisition of supplies and services, including construction, research and development, commercial products, and commercial services, the aggregate amount of which does not exceed the simplified acquisition threshold (see 2.101). subpart 13.5 provides special authority for acquisitions of commercial products and commercial services exceeding the simplified acquisition threshold but not exceeding $7.5 million ($15 million for acquisitions as described in 13.500 (c)), including options.

**ALL QUOTATION PREPARATION COSTS WILL BE THE SOLE RESPONSIBILITY OF THE QUOTER. THE GOVERNMENT WILL NOT REIMBURSE ANY FIRM FOR ITS QUOTE PREPARATION COSTS.** This section provides general guidance for preparing quotations as well as specific instructions on format and content of the quotation. The Quoters’ quotation must include all data and information requested herein and must be submitted in accordance with these instructions.

Nonconformance with the instructions provided herein will result in the quotation being found incomplete. Incomplete quotes will not be further considered for award. Quotations must be clear, concise, and must include sufficient detail for effective evaluation and for substantiating the validity of the claims stated in the quotations.

The quotation should not simply rephrase or restate the Government’s requirements but instead must address how the Quoter intends to meet the requirements described in this solicitation.

The Quoter should assume that the Government has no prior knowledge of its abilities and experience and will base its evaluation entirely on the information presented in the quotation.

Elaborate brochures or documentation, binding, detailed artwork, or other embellishments are unnecessary and are not desired.

***Quoters are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements.

The Quote shall consist of three (3) separate volumes[footnoteRef:1]: [1: Past performance is not a separate evaluation factor for this procurement. Past performance will be reviewed as part of the Contracting Officer’s responsibility determination prior to contract award in accordance with FAR Part 9.104-1]

Volume One (1): Price Volume Two (2): Technical Volume Three (3): Solicitation, Offer and Award Documents.

***The Government is not requesting nor accepting alternate quotes.

VOLUME ONE- PRICE

***Provide ONLY the excel spreadsheet provided in this solicitation.

The Price volume must contain one (1) complete copy of ATTACHMENT 1 PRICE SCHEDULE. No technical or past performance information should be contained in this volume.

a. The Price Schedule is provided in an Excel Spreadsheet format. The Quoter must fill out the Tab named “Items”. Each Line Item identifies a single Facility. Each subline item consists of the fills, rentals, preventative maintenance/training/reporting, emergency delivery fees, and Delivery fees for that facility. The Quoter shall complete the pricing schedule attachment for ALL FACILITIES in order to be considered for award.

b. Quoters are only to complete Column (P)-Unit Price and Column (AJ)-Manufacturer Name

VOLUME TWO- TECHNICAL (one redacted and one unredacted) ***No Pricing information shall be contained in this volume

a. The Quoter shall provide technical information that demonstrates how it intends to successfully meet all the requirements of the Statement of Work in the areas listed below. Failure to adequately address these specific areas in the statement will result in the quote being found incomplete or technically unacceptable.

1. Describe how Quoter will conduct the maintenance of bulk oxygen systems as outlined in Sections 11 (last paragraph) and Section 12 (last paragraph) of the Statement of Work.

2. Describe Quoter’s approach to switching out bulk oxygen systems, where necessary, without interruption to supply. Include a preliminary schedule for the transition that demonstrates when each facility will be transitioned and that demonstrates that all transition activities will be accomplished within the timeframe established in Section 13 of the Statement of Work.

3. Describe Quoter’s telemetry system, its process for monitoring the telemetry readings, and its process for scheduling orders as referenced in Section 7 and 8 of the Statement of Work.

b. In the event that the Quoter is not the manufacturer, the Quoter must identify the medical grade bulk liquid oxygen manufacturer(s) that will be used as sub-contractors and produce copies of the manufacturer(s)’ licensing, permits or registrations as required by the states in which this contract is performed. Failure to provide these licenses, permits or registrations will render the quote incomplete and it will not be further evaluated for award.

c. The Quoter must provide a draft agreement (in the event that the quoter is not the manufacturer) between the Quoter and the manufacturer of the medical grade bulk liquid oxygen that will be supplied under the contract affirmatively demonstrating that the Quoter will be authorized by the manufacturer to resell the manufacturer’s medical grade bulk liquid oxygen. Failure to provide this documentation will be render the quote incomplete and will not be further evaluated for award.

VOLUME THREE - SOLICITATION, OFFER, AND AWARD DOCUMENTS:

Quoter must provide the following in Volume Three of its Quote:

1) Cover Sheet including:

a. Date quote is submitted;

b. Quoter’s name;

c. Quoter’s technical lead contact information;

d. Statement that the quotation remains valid for no less than 90 calendar days from the solicitation receipt date for offers.

2) Standard Form (SF) 1449

a. An authorized official of the quoter must sign and provide a copy of the Standard Form (SF) 1449, and an SF 30 Solicitation Amendments, and submit them in an Acrobat PDF file that captured the signature for submission.

b. The Quoter must include its unique entity identifier number in Block 17a.

c. The Quoter must include its Commercial and Government Entity (CAGE) Code in the “CODE” block of Block 17a.

3) The Quoter must submit a completed 52.212-3 Offeror Representations and Certifications—Commercial Items.

UPDATED:

4) The Quoter must provide a copy of their general liability insurance with their quote.

5) The Quoter must complete the attached clause 852.219-78 VA Notice of Limitations on Subcontracting and provide with their quote.

Quotation submission shall not use typeface smaller than 12 font.

Quotes shall not include marketing or promotional material NOTE: Faxed quotations will NOT be accepted

SITE VISIT: Site visits has been scheduled for the week of June 13, 2022. All interested parties should email the Contracting Officer at Charnell.Cunningham@va.gov. for further details prior to June 6, 2022. See dates below:

· Brooklyn and St. Albans site visit is schedule for June 13, 2022.

· Manhattan and Bronx site visit is schedule for June 14, 2022

· Castlepoint site visit is scheduled for June 15, 2022

· Northport site visit is scheduled for June 16, 2022

· East Orange and Lyons site visit is schedule for June 17, 2022 Site visit attendance is not mandatory but is recommended.

Quotations must be sent by email to:

Charnell.Cunningham@va.gov

Questions concerning the solicitation will be accepted with a final cut-off date for question submission of June 22, 2022 @ 10:00am EDT. Questions will only be accepted by email to Charnell.Cunningham@va.gov. Please reference RFQ number 36C24222Q0735: Downstate VISN 2 Medical Grade Liquid Bulk Oxygen in the subject line.

Quotation submissions are due 10:00am EDT, June 28, 2022

Contractor shall provide medical-grade bulk liquid oxygen for facilities located in VISN 2 in accordance with the schedule, specifications listed in the Statement of Work, and the terms and conditions of this contract for a base period of five (5) ordering periods (Please see Attachment 2: Price Cost Schedule).

Special Conditions: If the Government facility does not own its own bulk oxygen tank system, the contractor shall provide a bulk oxygen tank system with an appropriate back-up system (i.e., reserve tank or cylinder bank).

** The Schedule of Items unit of measure for fills is One Hundred Cubic Feet (CCF) and is based on annual estimated quantities stated therein. Overall spending for fiscal year 2020 and 2021 was 4% higher than for fiscal year 2019; it is presumed that this increase in usage may be due to the COVID-19 pandemic. Current spending patterns for medical grade bulk liquid oxygen fills are based on the average of fiscal years 2020 and 2021, therefore the VISN assumes that the estimated usage may continue to fluctuate throughout the seven-year contract period. The estimated quantities reflect these fluctuations.

Notes:

This is a Fixed Price Indefinite Delivery, Indefinite Quantity (IDIQ) contract issued in accordance with FAR 13-Simplified Acquisition Procedures. The guaranteed minimum for the initial fiscal year under this contract is $25,000. The awarded contract shall have a ceiling of $3,000,000.00.

A.1 VAAR 852.219-78 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (SEP 2021) (DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(k)(2), the offeror certifies that—

(1) If awarded a contract (see F(a)FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows: [Offeror check the appropriate box]

(i) [ ] In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(ii) [X] In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) is granted. The offeror understands that, as provided in 13 CFR 121.406(b)(7), such a waiver has no effect on requirements external to the Small Business Act, such as the Buy American Act or the Trade Agreements Act.

(2) Manufacturer or nonmanufacturer representation and certification. [Offeror fill-in—check each applicable box below. The offeror must select the applicable provision below, identifying itself as either a manufacturer or nonmanufacturer]:

(i) [ ] Manufacturer or producer. The offeror certifies that it is the manufacturer or producer of the end item being procured, and the end item is manufactured or produced in the United States, in accordance with paragraph (a)(1)(i).

(ii) [ ] Nonmanufacturer. The offeror certifies that it qualifies as a nonmanufacturer in accordance with the requirements of 13 CFR 121.406(b) and paragraph (a)(1)(ii). The offeror further certifies it meets each element below as required to qualify as a nonmanufacturer. [Offeror fill-in—check each box below.] [ ] The offeror certifies that it does not exceed 500 employees (or 150 employees for the Information Technology Value Added Reseller exception to NAICS code 541519, which is found at 13 CFR 121.201, footnote 18).

[ ] The offeror certifies that it is primarily engaged in the retail or wholesale trade and normally sells the type of item being supplied.

[ ] The offeror certifies that it will take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice.

(iii) [ ] The offeror certifies that it will supply the end item of a small business manufacturer, processor, or producer made in the United States, unless a waiver as provided in 13 CFR 121.406(b)(5) has been issued by SBA. [Contracting Officer fill-in or removal (see 13 CFR 121.1205). This requirement must be included for a single end item. However, if SBA has issued an applicable waiver of the nonmanufacturer rule for the end item, this requirement must be removed in the final solicitation or contract.] or [Contracting Officer tailor clause to remove one or other block under subparagraph (iii).] [ ] If this is a multiple item acquisition, the offeror certifies that at least 50% of the estimated contract value is composed of items that are manufactured by small business concerns. [Contracting Officer fill-in or removal. See 13 CFR 121.406(d) for multiple end items. If SBA has issued an applicable nonmanufacturer rule waiver, this requirement must be removed in the final solicitation or contract.]

(3) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

(4) If VA determines that an SDVOSB/VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:

(i) Referral to the VA Suspension and Debarment Committee;

(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and

(iii) Prosecution for violating section 1001 of title 18.

(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract or to determine whether the offeror qualifies as a manufacturer or nonmanufacturer in compliance with the limitations on subcontracting requirement. Contracting Officer may, at their discretion, require the Contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the Contracting Officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.

(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed, and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

Certification:

I hereby certify that if awarded the contract, [insert name of offeror] qualifies as a manufacturer or nonmanufacturer as stated herein and that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting requirement specified in the resultant contract, unless a waiver as described in 13 CFR 121.406(b)(5) is granted. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].

Printed Name of Signee:________________________________________ Printed Title of Signee:_________________________________________ Signature:___________________________________________________ Date:_____________________ Company Name and Address: ________________________________________ (End of Clause) VISN 2 Downstate Medical Grade Bulk Liquid Oxygen See attached document: Price Schedule - Revised.

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