36C24222R0100 0001.pdf

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 NUMBERED 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 amendment, 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)

1 6

561-23-1-029-0001

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

36C24222R0100

X

X X

See CONTINUATION Page

The purpose of this amendment is to make available questions and answers received from the solicitation. Please see attachment for questions and answers submitted.

The solicitation close date has not changed it is still 09/02/2022 at 4:30PM.

Aleta Jennette

CONTINUATION PAGE

Q1. Delivery Fee for East Orange Research – EO Research requires “point of use” delivery directly to Labs on several floors which industry practice requires a delivery fee due to additional driver effort and time spent on site. The other locations in this RFP are not “point of use” but will the VA allow a delivery fee for this nonstandard requirement just at EO Research?

A1. Yes.

Q2. E.7 ADDENDUM to 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES – Are the (4) Evaluation Factors listed in order of priority/importance?

A2. Since this solicitation is utilizing FAR 13 Simplified Acquisition Procedures, relative importance of factors is not applicable.

Q3. PG 6 of 69 –Licensing, Authorization, & Selling Permissions, Para 2.3., 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 gases (Oxygen being 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) for this RFP at time of bid submission?

Please note that the Certificate of Compliance (VAAR 852.219-78) 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.

A3. Yes, this was a point of contention with a prior solicitation.

Q4.PG 7 of 69 Liability 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 RFP? 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?

A4. NAICS stands for North American Industry Classification System – see https://www.census.gov/naics/; this is what NAICS 325120 refers to in the solicitation. The Insurance NAIC stands for National Association Of Insurance Commissioners. The NAIC # on the ACORD Insurance Certificate numerically identifies an insurer. NAICS and NAIC are not related. The Offeror would obtain an ACORD Form 25, where the minimum coverage amounts stipulated in the Supplemental Insurance Requirements (see solicitation page 23) are shown on the certificate. The Insurance Certificate is not required for submission with the offeror’s submission, but per FAR 52.228-5 paragraph b (clause listed by reference at solicitation page 23), it is required before commencing work on the contract. The ACORD Insurance Certificate satisfies this requirement.

https://www.census.gov/naics/

Q5. PG 6 of 69, Section 2 Licensing, Authorization, and Selling Permissions, Para 2.2 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 6, “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, 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.

A5. To answer the question “How is the GOV ensuring compliance with this?”: Contractor provides to the CO all applicable documents as required and the CO verifies with the proponent authority. As to the requirements of the applicable state(s) in this solicitation and resultant contract, it is implied New York and New Jersey, evident by the Facility Locations in solicitation attachment D.2.

Q6. PG 7/8 of 69, Para 5.3 states regarding E-Sized Oxygen cylinders require “flow rates ranging from 0.25 LPM minimum to 25 LPM.” Is this a new or specific utility requirement as most standard flow rates for Integrated Valve Oxygen E Cylinders begin at 0.5 LPM?

A6. 0.5 LPM is acceptable.

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fsam.gov%2Fopp%2F4a495f18469a4fd7ab1b2996b6d1192c%2Fview&data=05%7C01%7C%7Cced19190f25b419c0b2908da8602ca44%7Ce95f1b23abaf45ee821db7ab251ab3bf%7C0%7C0%7C637969643784193336%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=5KnjE2omOv10oH%2BP640sUYjTPjWFFRSJCi366EWkaA0%3D&reserved=0

Q7. PG 9 of 69, Para 7.5.4, “The Contractor shall provide, within five (5) business days after the end of the rental period, a monthly summary for each delivery location (sub-accounts) to the individual facility COR(s)…” – Will the GOV consider increasing this to “No more than (7) business days” as Proof of Deliveries (pertinent to accurate invoicing) occurring towards the end of a month are often not available for up to 7-10 days?

A7. 7-10 days is preferred.

Q8. PG 10 of 69, Para 7.5.6, “The VA and the Contractor shall perform an annual, on-site inventory of all contractor-provided cylinders to verify the accuracy (count and type) of the end-of-month balance as shown on the last pricing period’s end-of-month rental cylinder invoice (see Section 13).” Will the GOV consider adding a Pricing CLIN for annual inventory as there are time and travel costs associated with conducting these for both Prime and Subcontractors? Other recent VISN Level Solicitations have opted to include a CLIN for annual inventories such as VISNs 15 (36C77620Q0046) & 16 (36C77620Q0055) in 2020.

A8. Yes, a revised D.1 Schedule of Items is included with this amendment. Note that the pricing Line Item is entered at the end of each activity’s listing on each ordering period. Use this revised D.1 Schedule of Items with your offer submission.

Q9. PG 10 of 69, Para 8.3, within 90 days of audit, any CYLs found VA will be credited. What are the VA’s procedures for identifying that a “found” cylinder was not accounted for during the inventory?

A9. Monthly inventory performed internally after award & levels have been established.

Q10. PG 11 of 69, Para 9 ORDERING PROCESSES, references Electronic Data Interchange (EDI) multiple times as a potential means of placing/accepting orders – Do any facilities intend to place orders via EDI, and if so, which facilities?

A10. At this time, we are assessing each site’s capabilities and won’t know until an unknown time after award. We realize there’s room for improving efficiency and timeliness in all aspects of administering Medical Gases requirements. If EDI is a possibility, we will adjust procedures accordingly to the applicable sites.

Q11. PG 16 of 69, Para 18 VHA SUPPLEMENTAL CONTRACT REQUIREMENTS FOR COMBATTING COVID-19 – Please clarify the VA’s requirements for contractors on site in regard to COVID Testing for non-vaccinated employees. Section 18.1.1.2. “If unvaccinated, contractors shall show negative COVID-19 test results dated within three calendar days prior to desired entry date…” Is the VA stating that all non-vaccinated delivery drivers must provide a negative COVID test within

(3) days of the delivery for every time a delivery is made even if that delivery driver does not enter internal to any VAMC buildings?

A11. Please refer to Safer Federal Workforce: Federal Contractors at https://www.saferfederalworkforce.gov/faq/contractors/. To best answer this question, go to Onsite Contractor Employees and Federal Workplace Safety Protocols. Q: Should onsite contractor employees provide proof of a negative COVID-19 test? A: To be consistent with Safer Federal Workforce Task Force guidance, when the COVID-19 Community Level is MEDIUM or HIGH in a county where a Federal facility is located, agencies would need to require that contractor employees working onsite at that facility who are not fully vaccinated or who decline to provide information about their vaccination status be able to provide proof of a negative COVID-19 test from within the previous 3 days. If a contractor employee is regularly tested pursuant to an agency testing program, then they do not need to be able to https://www.saferfederalworkforce.gov/faq/contractors/ https://www.cdc.gov/coronavirus/2019-ncov/science/community-levels.html provide proof of a negative COVID-19 test from within the previous 3 days when in the Federal facility unless required by the agency testing program.

Q12. What is the purpose of having offerors include copies of the most recent CGA publications as stated on 46 of 69 in the RFP?

A12. Providing the CGA publications demonstrates that all the latest safety regulations are being followed & that the offeror is current with the requirements.