Questions and Answer sheet.docx

Q&A

Q1. Is Telemetry Monthly Monitoring a requirement for this contract? It is mentioned multiple times as a possible means of reordering however doesn’t explicitly state such. PG 8 of 80, 7) Ordering, states “Medical Grade bulk liquid oxygen can be ordered through the telemetry systems based on automatic monitoring of the bulk liquid oxygen tank system’s established fill point.” If telemetry is required, will the GOV add a CLIN for monthly telemetry monitoring?

A1. The use of telemetry is a requirement, however because it is automatic there is no requirement to monitor it monthly therefor there will be no additional CLIN for it.

Q2. Does the VA anticipate setting their own fill point settings? PG 8 of 80, 7) Ordering states: “VA Safety and/or Engineering personnel reserve the right to establish different fill point settings for the bulk liquid oxygen tank systems.” Unless the VA POC is a certified Cryogenic Planner, there is a cost associated with potentially increased deliveries as a result of the VA setting their own fills points. Recommend adding a Delivery Fee CLIN in the event the VA has any anticipation of setting their own refill points. Please confirm if the fill points would be agreed upon with the Contractor prior to first fill and would not change periodically throughout the contract.

A2. We agree that the initial fill points will be established prior to the first fill but in accordance with paragraph 7, VA safety and engineering personnel may establish different fill points throughout the life of the contract at no additional charge to the VA.

Q3. How often does each location receive a Liquid Oxygen Fill?

A3. Each location is filled when the telemetry system indicates it needs to be, based on historical usage: Building 76 (Hospital): March 2022, June 2022, September 2022, November 2022, January 2023, March 2023. Building 78 (Community Living Center): March 2022, July 2022, October 2022, January 2023. When building 76 (Hospital), is filled depending on the level of Building 78, building 78 (Community Living Center) may be topped off. Building 78 usage is typically much lower than building 76.

Q4. What is the daily usage (in inches) for each facility?

A4. In the RFQ the estimated quantities are given in CCF so the estimated daily usage in CCF based on prior usage would be: Building 76 (Hospital) – 17.88 CCF per day Building 78 (Community Living Center) - 12.95 CCF per day Q5. What are the current gauge fill points on each tank system (Full Trycock, Reorder Point, Refill Point, Low Level Alarm)?

A5. Building 76 (Hospital): Full – 135 Inches of Water / Reorder Point – 60 Inches of Water / Alarm – 36 Inches of Water. Buildin78 (Community Living Center) : Full – 160 Inches of Water / Reorder Point – 40 Inches of Water / 36 Inches of Water Q6. Does the GOV have any wish to upgrade tank sizes from the current sizes?

A6. No Q&A Continued Q7. Are the H-Cylinder Reserve Systems covered in this contract or are they covered in the VAMCs Medical Gas Cylinder Contract?

A7. The H-Tanks are the only facility owned tanks associated with each Reserve System. H Tank fills are covered under our Portable O2 Tank Rentals and Fills of Various Gases contract.

Q8. Have there been any historical occurrences of tank systems icing (i.e., Vaporizers) due to increased usage?

A8. No Q9. Will the GOV add an emergency delivery fee line item since emergency delivery procedures are notated in the SOW?

A9. During the performance of the previous contracts for both Building 78 and Building 76, there have been zero (0) occurrences that required an emergency delivery, therefor a separate CLIN will not be added. Adding a CLIN for emergency delivery fee will be considered non-responsive.

Q10. PG 13 of 80, 11) Contractor-Furnished Equipment: “In addition to the maintenance requirements identified above, the contractor is also responsible for performing minor maintenance on all contractor-furnished bulk tank systems. Minor maintenance from the contractor shall include 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 de-icing” (there is a cost just to deploy a technician to site alone) when de-icing is the result of the system using more liquid oxygen than it was designed for and not the fault of the contractor? How does the VA differentiate between minor or major de-icing? Additionally, any alarm issues coming from internal to the facility that need adjustment are the responsibility of the VA, not the contractor.

A10. Minor de-icing does occur and does not require any significant amount of work during regular maintenance. In the even of major ice-buildup the contractor is required to submit a quote for the removal of major ice-buildup.

Q11. PG 16 of 80, 13) Licensing, Authorization, and Selling Permission: “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.” The State of NY Board of Pharmacy requires the Prime Contractor (SDVOB) to be licensed as a Drug Wholesaler in the State (Medical Grade Oxygen is a prescription drug), as the SDVOB is the Contract holder and, the accountable entity to the GOV. How is the GOV ensuring compliance with this? Please confirm that the Prime Contractor must be licensed to distribute Medical Gases for Human Consumption by the NY Board of Pharmacy? This is a requirement and cannot be delegated to a SUB CONTRACTOR – regardless of a NMR. The awardee is the accountable entity to the GOV, not the sub, hence, if for instance there was any contamination of Gas, it is the Prime SDVOB contractor, i.e., Medical Gas is classified by the FDA as a Prescription Drug (Pharmaceutical), and given the RFQ, the only unlicensed entity in the Pharmaceutical Chain of Custody, could be the Awardee/Contract holder? Highly recommend checking with the State of NY.

Q&A Continued A11. Compliance with licensing requirements maybe monitored by the government during contract administration. It is up to the contractor to ensure that it holds all applicable licenses and registrations to conduct business in the state. For VA’s purposes the Prime contractor may rely on sub-contractor licenses to meet the licensing requirements under this contract. Regarding evidence of licensure please see 52.212-1 Instructions to Offerors page 57, paragraph b, it is hereby amended to read:

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 evidence of the manufacturer(s)’ licensing, permits or registrations as required by the states in which this contract is performed. Failure to provide evidence of these licenses, permits or registrations will render the quote incomplete and it will not be further evaluated for award.

Q12. PG 16 of 80, 14) 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 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.

A12. Contractor is required to hold general liability insurance in the amount of $1,000,000.00.

Q13. Is Evaluation “Most Advantageous” or “Lowest Priced Technically Acceptable” as both are mentioned under Evaluation on PG 62 of 80? Most Advantageous and LPTA are not equivalent metrics as Most Advantageous could mean a more technically capable vendor that isn’t the lowest price. What would be the GOV’s rationale of Evaluating a critical supply function as medical gas to the vendor with the lowest priced that meets the bare minimum technical requirement?

A13. Please see 52.212-2 Evaluation of offers (page 60 paragraph a) is amended to read:

(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, on a lowest-priced, technically acceptable basis. The following factors shall be used to evaluate offers:

The government has determined that the use of the LPTA evaluation method is sufficient to meet the government needs.