Vendor Questions SYR MED GAS.docx

Vendor Questions for Syracuse Med Gas 36C24226R0023

1. CONTRACT TYPE: As the NAICS for this RFQ is 325210 Industrial Gas Manufacturing, please confirm whether this is a Service Contract or a Supply Contract.

Answer 1- Contract Type:

Supply Contract

1. CURRENT CONTRACT INFO: What is the current contract number, and who is the current supplier?

Answer 2- Current Contract Info:

Haun Specialty Gases, They are currently purchased via Credit Card.

1. FOB DESTINATION: Please confirm that the contract resulting from this solicitation will be FOB Destination.

Answer 3- FOB Destination:

Destination (Reference Solicitation 1449 Block 11)

1. FACILITY CONFIRMATION: PG 8 of 108 lists the Syracuse VAMC Dental Clinic as the location at 910 Erie Blvd E., Syracuse, NY. However, VA.gov lists the same facility address as the Erie East VA Clinic. Will the GOV please confirm the location that will be on the contract is the Erie East VA Clinic?

Answer 4- Facility Confirmation:

The location will be the Erie East VA Clinic.

1. B.3 PRICE/COST SCHEDULE (CLINs):

Answer 5- Price/Cost Schedule (CLINs):

Please see amended CLINs for all the below information.

In respect to missing rental CLINs for size H/K/200 the Government will not provide separate CLINs. These fall under specialty gas cylinder rental as that is what the Government is currently using.

· CLIN 0001 – Syracuse All in One E Tanks:

· Please confirm that the language listed in this CLIN Description reflects that the VAMC requires automatic delivery every MON/WED/FRI with an estimated (8) cylinders per delivery based on (1,270) annual fills (1,270 / 52 weeks = 24 cylinders / 3 deliveries per week = 8 All in one Cylinders per delivery)? The description says Auto delivery M, W, F, Estimate 3x a week, which “automatic” and “estimate” are contradictive.

Answer: Confirming delivery schedule of M/W/F.

· Please confirm that the description is stating at any given time the GOV expects to have an estimated (120) of these All in One E’s on hand at the VAMC?

Answer: Confirming this is correct.

· CLIN 0002 – Syracuse Medical O2 Gas Form D Tanks:

· Are these post valve (no regulator attached when delivered) or integrated valve (regulator already attached when delivered)?

Answer: I have attached a photo named “IMG_0466” that shows the style of regulator attached when the tanks are delivered.

· Please clarify the description requirements as the CLIN Description says “Auto delivery M, W, F” yet the estimated fill QTY is only (5) for the entire year?

Answer: D tanks are an irregular need, whereas the E tanks are the ones most commonly being filled into the closets so the M/W/F delivery would only be applicable if the D size tanks needed replenishment. The estimated quantity could fluctuate based on patient needs throughout the year.

· CLIN 0010 – Syracuse Breathing Testing Mix: What is the Cylinder Size required and what are the gas mix percentages (%)?

Answer: E Size, .3%CO2,3%CH4,21%O2 IN N2.

· CLIN 0011 – Syracuse 5% CO2 5% H2 IN NIT: What is the cylinder size required for this mixed gas?

Answer: K size.

· CLIN 0014 – Small Medical Cylinder Rental: What Cylinder Fill CLINs Fall under this CLIN so offerors know exactly what they’re pricing and not just a “Small Cylinder” which can be subjective?

Answer: The small size is D.

· CLIN 0015 – Daily Rental EW/OXY-GEN I: Is this the rental CLIN respective to the All in One E’s?

Answer: Yes, that is correct.

· Missing Rental CLINs for Size H/K/200 Cylinders: Will the GOV please add Rental CLINs respective to the following FILL CLINs as the B.3 Price/Cost Schedule does not provide rental CLINs that cover all gas fills and no CLINs are specified as GFE? These are larger cylinder in size yet the only rental CLINs provided cover “SMALL MEDICAL CYLINDER RENTAL,” “EW/OXYGEN, & “SPECIALTY GAS CYLINDER RENTAL,” yet the following (5) Fill CLINs don’t fall under any of these (3) Provided Rental CLINs.

· 0003 – Syracuse Medical VA Oxygen (247 CF)

· 0004 – Syracuse Medical Carbon Dioxide 50LB Vapor

· 0007 – Syracuse Breathing Aire USP (232 CF)

· 0008 – Syracuse Nitrogen USP (230 CF)

· 0009 – Syracuse Medical Nitrous Oxide (487 CF)

Definition of ALL IN ONES: The O2 tanks come with the regulator portion attached so they can be brought to patients or floors as soon as they arrive.

Please see the amended CLINS 0010-0013 for clarification on Size and USP product.

1. LIQUD NITROGEN: Is there no liquid nitrogen required for any facility on this contract which is commonly used by VA hospital facilities? Typically, Liquid Nitrogen is provided in either VA-Owned Open Mouth Dewars filled on site by the delivery truck at the loading dock (common sizes are 25L, 30L, or 50L) or a rented Liquid Nitrogen VGL (typically 180L or 230L) which is swapped out. The only Nitrogen notated on this RFQ is Gaseous Nitrogen (CLIN 0008) Answer 6- Liquid Nitrogen:

We recently had a change to this, attached is a photograph to show an example of what we currently use.

1. CBOCs: How do the other (8) CBOCs in the HCS (listed on VA.gov) fulfill their gas needs as the only (2) clinics in the HCS on this RFQ are the Binghamton CBOC and the Rome VA OPC (listed as Donald J. Mithcell VA OPC on VA.gov)? Note, PG 5 of 108 says that this is “cylinders for all facilities located within VISN 2, Syracuse VA medical center and VA Dental clinic catchment area…” yet there are only (2) of (10) CBOCs in the HCS listed in this bid Answer 7- CBOCs:

The other CBOC’s are contractor operated, they procure their own tanks.

1. EVALUATION:

Answer 8a- Set-Aside/Tiered Evaluation:

Under a tiered evaluation process the solicitation is set-aside for SDVOSB’s.

VAAR 815.101-370 Tiered set-aside evaluation. (DEVIATION) is being added to the solicitation (C.14 PG 70 of 115) under this amendment.

Answer 8b- LPTA Evaluation Method:

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

7. SET-ASIDE/TIERED EVALUATION: PGs 90-91 of 108 (FAR 52.212-2) states that the evaluation method for this opportunity is “lowest price technically acceptable,” but the SF1449 includes a “Solicitation notice of tiered evaluations, including large businesses.” The LPTA evaluation method contradicts the use of a tiered evaluation as this RFQ is 100% set-aside for SDVOSB firms, according to Box 10 on the SF1449. Please confirm if this is an SDVOSB set-aside opportunity or an unrestricted tiered evaluation. If this is not an unrestricted opportunity, please explain how an RFQ can be 100% set-aside for SDVOSB concerns and yet have a tiered evaluation that allows for unrestricted competition. This approach seemingly contradicts the Veterans First Contracting Program that sets aside solicitations for veteran-owned businesses. Please clarify and if this is indeed Tiered Evaluation, what evaluation metrics will the GOV utilize to move to the next tier?

7. LPTA EVALUATION METHOD: What is the GOV’s rationale for evaluating on an LPTA basis to award an offeror that meets the bare minimum requirement instead of considering the offer that brings the most value for a critical hospital function such as delivering medical-grade oxygen for Veteran consumption (classified by the FDA as a prescription drug)? We recommend a “Best Value” evaluation approach to ensure the VA receives the best possible offer/service instead of just awarding to the offeror with the lowest price that meets the minimum technical requirement. Please note, there have been multiple recent RFQs for both Bulk Oxygen & Medical Cylinders where Best Value via comparative analysis was utilized.

1. GFE CYLINDERS:

8. GFE TYPES & QTYs OWNED BY VA: What are the estimated # of GFEs on the VA’s property books, which facilities utilize them, and approximately how many of each (by CLIN) does each facility utilize? Note, the B.3 Price/Cost Schedule does not specify any CLINs as GFE, and CLIN 0018 for Hydrostatic Testing is only funded for (1) cylinder annually inferring that there are limited GFE types and quantities owned and utilized by the VA HCS.

Answer 9a- GFE Types & QTYs Owned by VA:

8, K size tanks.

8. GFE STORAGE: PG 5 of 108 in the RFQ (SOW, first para.) states that “The Contractor shall be responsible for providing, filling, transporting, handling, servicing, maintaining, delivering, picking up and storing medical gases and medical gas cylinders/tanks.” PG 5 (Section 1.1) again states that the Contractor is responsible for “… storing medical gases and cylinders for all facilities located with VISN 2, Syracuse VA Medical Center and VA Dental Clinic catchment area.” Please confirm that the above language is only referring to storing contractor-owned cylinders and that the VA is not expecting the Contractor to store or manage its inventory of GFE cylinders as this is the responsibility of each respective facility (VA-owned cylinders are picked up, filled, and returned; the Contractor does not keep full GFE cylinders on hand at the branch waiting for the facility to order).

Answer 9b- GFE Storage:

We are not expecting the contractor to store our tanks.

8. GFE PROCEDURES: PG 8 of 108 (Section 5.1) states that “The Contractor is required to pick up GFE medical gas cylinders including attached appurtenances.” Please confirm that the GOV is not stating that the contractor is required to pick up any GFE oxygen cylinders with attached regulators. It is the responsibility of the GOV to remove any regulators from GFE cylinders prior to pickup as regulators need to be removed in order to fill the GFE cylinders, and the contractor cannot be responsible for removing, tracking, or maintaining those GFE regulators.

Answer 9c- GFE Procedures:

Clarifying this, we do not require contractor to pick up GFE tanks that we own.

8. GFE ONE-FOR-ONE REQUIREMENTS: PGs 8-9 of 108 (Section 5.1) states that “Each Government-owned medical gas cylinder and appurtenance shall be returned one for one to match the pick-up number.” The Contractor can only deliver what was picked up from the facility previously and there is no guarantee that what is being delivered full is the same cylinder/quantity that is being picked up empty, so the requirement of a one-for-one exchange to match the pick-up number is not reasonable 100% of the time. We request that this requirement be revised.

Answer 9d- GFE One-for-One Requirements:

Section 6.1, PG 9 of 115 is amended to read:

“The Contractor is required to pick up GFE medical gas cylinders including attached appurtenances. These cylinders shall be inspected and filled to the maximum functional capacity during each refilling procedure. Empty Government-owned cylinders that are picked up from an ordering facility for re-fill or servicing shall be transported according to the DOT regulations, using normal commercial practices to prevent damage to cylinders.”

GFE TRACKING SYSTEM: PG 9 of 108 (Section 5.2) states that “A regular review of VA’s tracking of the cylinders shall be used to determine if the Contractor lost any government-owned medical gas cylinders and appurtenances.” Please clarify what the VA’s cylinder tracking system/method entails in order to determine if the Contractor lost any GFE cylinders. Is the VA performing internal audits, or does the VA have a formal internal inventory control process that personnel adhere to? Will the VA provide an example of the VA’s tracking documentation to offerors for how the VA determines the quantity of lost VA-owned cylinders?

Answer 9e- GFE Tracking System:

The VA is not performing internal audits.

1. PROOFS OF DELIVERY (PODs):

9. GFE CYLINDER PODs: PG 14 of 108 (Section 8.1.1) states that the delivery ticket for GFE cylinders must include “The number of cylinders at the Contractor’s facility prior to delivery.” As it is not the responsibility of the Contractor to store or track the VA’s GFE cylinders and we would not have any stored GFE cylinders at our facility prior to delivery, we request the removal of this requirement on the POD for GFE cylinders.

Answer 10a- GFE Cylinder PODs: This section is removed from the RFQ.

9. CONTRACTOR-OWNED CYLINDER PODs: PG 14 of 108 (Section 8.1.2) states that the delivery ticket for contractor-owned cylinders must include the “Contract Number, Facility PO Number or Delivery Order number.” Aligning with the 100% set-aside status of this opportunity, the POD from an SDVOSB’s subcontractor would not include any prime-contract-specific information, including the Contract Number or PO Number, as the contract would between the VA and the Prime Contractor. We request the removal of the requirement that PODs include the Contract Number, Facility PO Number or Delivery Order number.

Answer 10b- Contractor-Owned Cylinder PODs:

The Government will not change this section and is now Section 9.1.1., PG 14 of 115.

1. DELIVERY REQUIREMENTS:

10. DELIVERY TIMEFRAME: PG 15 of 108 (Section 8.6) lists the delivery timeframe as 8AM-2PM, which is a 6-hour window. The industry standard is to allow for an 8-hour delivery window. Would the GOV be amenable to allowing deliveries between 8AM and 4PM?

Answer 11a- Delivery Timeframe:

The Government will not change this section. There is no one in receiving after 3:00PM.

10. DELIVERY DAYS: PG 15 of 108 (Section 8.6) also lists the delivery days as Monday-Friday. Are the VAMC Syracuse and (3) CBOCs listed in the RFQ currently receiving deliveries every day of the business week? Or do the facilities have established delivery days (e.g., MON/FRI or TUE/THUR) for a more efficient logistical flow? Please clarify for the (4) locations that will require service under the contract resulting from this solicitation.

Answer 11b- Delivery Days:

Facilities will accept deliveries Monday – Friday with the exception of Federal Holidays.

1. MONTHLY SUMMARY REQUIREMENT: PG 10 of 108 in the RFQ (Section 5.9.3) states that “The Contractor shall provide, within five (5) business days after the end of the rental period, a monthly summary for each delivery location...” We request that this requirement be revised to allow for the submission of monthly summaries within the first (10) business days of the following month. There are required processing times for consolidating monthly summaries following a month’s end, and Contractors must ensure all Proofs of Delivery (PODs) for the previous month have become available (oftentimes these take several days to post) before they can complete that processing as the PODs are required to summarize all deliveries and returns before rental charges can be calculated. As a result, the requirement to provide a monthly summary for each location within (5) days is impractical due to the availability of the data and processing times required.

Answer 12- Monthly Summary Requirement:

Section 6.9.3, PG 10 of 115 is amended to read:

“The Contractor shall provide, within ten (10) business days after the end of the rental period, a monthly summary for each delivery location (sub-accounts) to the individual facility COR(s) showing the following:”

· “Beginning balance for the rental period”

· “Cylinders delivered by date”

· “Cylinders picked up by date”

· “Ending balance for the rental period”

1. ORIENTATION MEETING TIMELINE: PG 11 of 108 (Section 6.1) states that “The Contractor shall provide an orientation meeting and training for the main VA facility within 20 business days of contract award.” However, PG 12 (Section 7.3) states that “The Contracting Officer shall furnish the Contractor with the names of individuals delegated as OO authority by separate letter upon issuance of the contract or agreement within 20 days of contract award.” The Contractor will not be able to hold the orientation meeting and training without the list of delegated ordering authorities, so there is a conflict presented in the (2) quoted requirements as they share the same 20-day deadline. Will the VA please revise the Contractor’s requirement to provide the orientation meeting within (20) days after the list of ordering authorities has been provided by Contracting?

Answer 13- Orientation Meeting Timeline:

Section 7.1, PG 11 of 115 is amended to read:

“The Contractor shall provide an orientation meeting and training for the main VA facility 20 business days after providing a list of contacts. This orientation meeting will cover information on delivery, orders, Contractor’s points of contact, etc.”

1. TRANSITION TIMELINE: PG 11 of 108 (Section 6.2) state that “In the event that the awardee of this contract is not the incumbent Contractor (outgoing Contractor), or that the medical gas cylinders and appurtenances furnished by the awardee are not the property of the incumbent Contractor the incoming Contractor shall work with the VA and incumbent Contractor during the phase-in transition period so it can be accomplished without disruption in supplies and services. Beginning on the effective date of the contract and subject to the establishing of Ordering Officers, facilities will begin placing orders for the medical gases listed on this contract.” There is no specified timeline for the referenced phase-in transition period, and the industry standard is to allow 30-60 days for a formal transition between contractors, so it’s not feasible for the VA to begin placing orders on “the effective date of the contract.” with only (7) working days between the submission deadline (21 JAN 2026) and the beginning of Pricing Period 1 (1 FEB 2026) . Please confirm the transition timeline for all incoming contractors, including an awarded SDVOSB who may subcontract to the incumbent supplier.

Answer 14- Transition Timeline:

There will be a 45-day transition phase.

1. ELECTRONIC DATA INTERCHANGE (EDI): EDI is mentioned throughout PGs 12-14 of the RFQ as an ordering option and provides applicable requirements for ordering via EDI. As EDI requires a time-intensive setup process, please confirm if the VAMC Syracuse and CBOCs requiring service are currently using EDI as an ordering method. If they do not, is it the facilities’ intention to begin using EDI under the contract that will result from this solicitation?

Answer 15- Electronic Data Interchange (EDI):

The language is in there in case the VA decides to change to EDI in the future, at this point the government intends to email for weekly orders and will use the Tungsten/IPPS system for payment of invoices

1. CYLINDER RENTAL PERIOD: PG 10 of 108 (Section 5.9) is specifically titled “Daily Rental Charges,” but Section 5.9.2 states that the “Contractor shall take note of the ending balance at the end of each rental period and assess the monthly charges for that rental period based on that ending balance.” PG 17 of 108 (Section 13.1) also states that “Rentals will be paid and invoiced on a monthly basis in arrears.” Additionally, there are provided CLINs for daily rental charges while the RFQ almost exclusively references monthly rentals (with the exception of a single daily reference on PG 10). Please confirm that cylinder rental charges will be assessed on a monthly basis (more common with industry standards) and please provide monthly rental CLIN QTYs for which to account for monthly rentals. Please note that monthly rental is more consistent with industry standard as daily is much more labor intensive and requires additional technology (e.g., scanning cylinders) which is not a service universally provided by suppliers, especially not the small business arena.

Answer 16- Cylinder Rental Period:

Section 6.9.2, PG 10 of 115 is amended to read:

“The Contractor shall track the number of contractor-provided cylinders on hand at each facility and shall take note of the beginning balance for cylinders on hand at each facility at the beginning of each billing period. Each billing period shall begin on the first day of the calendar month and shall end on the last day of the calendar month. The Contractor shall adjust the inventory counts for each type of cylinder based on each delivery and pickup throughout the billing period. Contractor shall take note of the ending balance at the end of each billing period and assess the monthly charges for that billing period based on that ending balance. Rental pricing shall be assessed using the LIN prices for daily rental of cylinders, which can be found in the Schedule of Items.”

1. ANNUAL AUDITS:

16. AUDIT TIMELINE: PG 17 of 108 (Section 11.1) states that “The annual cylinder inventory audits must occur for each main VA facility, within 45 calendar days of the end of an ordering period.” Please confirm if “within 45 calendar days” means before, after, or either in relation to the end of an ordering period (e.g., either 45 days before the end of an ordering period or after the end of an ordering period, totaling a 90-day window).

Answer 17a- Audit Timeline:

Section 12.1, PG 17 of 115 is amended to read:

“The COR or Facility POC will conduct, at a minimum, an annual review of cylinder inventories to reconcile the number of cylinders on hand in comparison to the number of cylinders held on the delivery ticket. The annual cylinder inventory audits must occur for each main VA facility, within 45 calendar days before the end of a pricing period. An inventory report will be provided to the COR, CO, and the FCSCO.”

16. ANNUAL AUDIT CLIN: Per multiple references throughout the RFQ, annual audits are required for the HCS, but there is no Annual Audit CLIN provided in order for offerors to account for the expenses of conducting the required audits. Will the GOV please add a CLIN for an Annual Audit as there are actual costs associated with having the SDVOSB Prime Contractor send a POC each contract year to perform cylinder audits (travel, lodging, etc.)? It is common in the industry in VA multi-year contracts for Contractors to be able to charge/account for these annual audit costs via a provided CLIN. The costs to provide this function can not be included in the price of the gas/rentals as these are only estimates and even the RFQ states on PG 5 of 108, para 1.5, states that quantities are estimates and there’s no guarantee these quantities will be purchased. “1.5. The quantities for each line-item number in the solicitation are estimates only. There is no expressed or implied guarantee that these quantities will be purchased.”

Answer 17b- Annual Audit CLIN:

The VA will not provide a CLIN for an annual audit, it is the responsibility of the contractor to account for their property in order for the VA to be able to pay for any lost cannisters if there are any.

1. CONTRACTOR TRACKING SYSTEM: PG 17 of 108 (Section 12.1) details the tracking system to be provided and maintained by the Contractor, including the provision of “current cylinder counts.” Please note that day-to-day accuracy of cylinder counts cannot be guaranteed and contractors can only provide cylinder counts reflective of the most recent delivery’s proof of delivery ticket; instead, the Contractor will calculate all cylinder balances and cylinder rental charges in accordance with invoicing procedures and provide the current cylinder counts to the VA monthly. Please confirm that the VA will accept monthly updates to its cylinder balances for each facility. We also request for the removal of the tracking system bullet #4 on PG 17.

Answer 18- Contractor Tracking System:

Section 13.1, PG 17 of 115 is amended to read:

“A tracking system will be provided and maintained by the Contractor. Access to this tracking system will be given to each delegated COR/facility in order for each facility to review their reports when needed. The tracking system shall provide the ability to:”

· “Review all legible delivery tickets that have been countersigned by the facility”

· “Review all past invoices”

· “Review all countersigned and mutually agreed upon audits”

· “Current monthly cylinder counts”

1. EMERGENCY ORDER PROCEDURES: PG 13 of 108 (Section 7.8) states that “VA shall, at its discretion, be able to place emergency orders with the Contractor. These orders shall be placed by OOs via telephone, to a phone number designated by the Contractor.” If orders are placed via phone call, how is an audit trail captured for the transaction? Would the GOV please allow the facilities to place emergency orders via an established Order Form that includes the signature of the authorized POC placing that order, which would ensure an audit trail is recorded for both parties? Standard procedures is to provide an audit trail order form as well as follow up with a phone call given the time sensitivity of the emergent need.

Answer 19- Emergency Order Procedures:

Section 8.8, PG 14 of 115 is amended to read:

“VA shall, at its discretion, be able to place emergency orders with the Contractor. These orders shall be placed by OOs via an established order form that includes the signature of the OO. Contractor must respond to the facility by email within one (1) hour to confirm receipt of an emergency notification and obtain specific delivery details unique to said emergency to ensure their best response. Emergency orders shall be delivered within 24 hours after being placed, including after business hours, on both weekdays and weekends, as needed. Emergency orders will be subject to the emergency delivery CLIN on the Schedule of Items.”

1. TECHNICAL SUBMISSION REQUIREMENTS:

19. REDACTED TECHNICAL: PG 88 of 108 (Instructions to Offerors) requires the submission of a redacted Technical file for Volume Two. Please confirm the utility of providing a redacted technical document. Is there a blind evaluation committee that will be reviewing proposals? Please also confirm that the VA is only asking offerors to redact their Technical Base Document and not ALL accompanying attachments included in the Technical Submission as this a time-consuming process. Please note that due to the file size of a redacted PDF, a separate email will be required to send the redacted document during the submission process.

Answer 20a- Redacted Technical:

This solicitation is amended so that a redacted technical file is not required.

19. MANUFACTURER CERTIFICATIONS: PG 6 OF 108 (Section 2.2) in the RFQ states that “If the Contractor is not the manufacturer…the Contractor must provide evidence of the medical gas manufacturer’s current licenses, permits, certifications, or registrations required by the FDA in the states in which this contract is performed, as well as an executed copy of the resellers agreement within ten (10) calendar days of contract award…” However, the Instructions to Offerors on PG 89 (Technical, Section b) requires that a nonmanufacturer “…identify the medical grade gas manufacturer(s) that will be used as sub-contractors and produce evidence of the manufacturer(s)’ licensing, permits or registrations as required by the states in which this contract is performed. Failure to provide this evidence may render the quote incomplete, and the government reserves the right to not further evaluate incomplete quotes or consider them for award.”

The (2) statements above contradict one another. Please confirm if nonmanufacturer offerors must provide the manufacturer’s/supplier’s licenses/certifications at the time of bid submission or within 10 calendar days of contract award.

Answer 20b- Manufacturer Certifications:

Evidence of these licenses/certifications must be provided at the time of bid submission.

Section 2.2, PG 6 of 115 is amended to read: “at time of bid submission”.

1. CONTRACTOR LIAISON(S): PG 18 of 108 (Section 14.1) states that “The Contractor shall provide one (1) representative who shall act as the primary liaison between the VISN 2, Syracuse VAMC and the Contractor regarding this contract” while Section 14.2 states that “No later than 20 days after contract start date, VA shall be provided with a list of liaisons serving the VISN 2, Syracuse, Rome and Binghamton catchment areas covered under this contract.” The (2) statements contradict one another as Section 14.1 refers to a “primary liaison” and Section 14.2 requires “a list of liaisons.” Please clarify the requirement and confirm that offerors may offer multiple POCs via a global distribution email who will serve the Syracuse VA HCS under the contract that will result from this solicitation (e.g., POCs for contract administration, customer service, operations/audits, and accounting), which is the recommended approach as a single POC/liaison will not be available every day of the contract term.

Answer 21- Contractor Liaison(s):

Section 15.1, PG 18 of 115 is amended to read:

“The Contractor shall provide a list of representatives who shall act as liaisons between the VISN 2, Syracuse VAMCs and the Contractor regarding this contract.”

1. LOSS OF USE FOR CONTRACTOR-OWNED CYLINDERS: There is language addressing Loss of Use (LOU) on PGs 10-11 of 108 (Section 5.9.5) in the RFQ, but what are the procedures to account for LOU costs for contractor-owned cylinders lost while in the VA’s possession? The included language has been suggested to the VA in previous RFQs; however, the suggested language has been altered on PG 11 (please see highlighted lines in the image below to review information removed from this RFQ for the Syracuse VA HCS). The importance of the removed/altered language cannot be overstated because the rental charges can’t be removed before the GOV issues a PO (which provides “intent to pay”). There is no incentive for the GOV to pay their LOU invoice based solely on counts that are “agreed upon.” Please confirm that the GOV’s interpretation of “agreed upon” includes issuing a Purchase Order for payment as cylinder balances are not removed until a Purchase Order is issued.

Answer 22- Loss of Use For Contractor-Owned Cylinders:

The government will not change this section.

1. INSURANCE REQUIREMENT: How is the GOV going to validate that offerors are properly insured for NAICS 325120/221210 – the actual requirement for this work to comply with the RFQ and not just the general dollar amounts included under “Supplemental Insurance Requirements” on PG 63 of 108? How do offerors confirm to the GOV that they have the correct type of Liability Insurance, and does this need to be affirmed 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)? This is important because there are very few underwriters that will insure small businesses for the distribution of compressed gases and why confirmation of the applicable NAICS is being requested, in accordance with paragraph (a) of FAR 52.228-5 – Insurance Work on a Government Installation – which is also included on PG 63 of 108.

Answer 23- Insurance Requirement:

The below section was added:

3. LIABILITY INSURANCE REQUIREMENTS

3.1 The Contractor is required to maintain liability insurance in the amount of $1,000,000.00 per occurrence. The ACORD Certificate of Liability must be provided at time of contract award and annually via email to the CO.

Insurance requirements are specified in Section 3.1, PG 7 of 115; also see Instructions to Offerors starting on PG 95 of 115.

All subsequent sections numbering have been updated to reflect the addition of this section.

4. AWARD ELIGIBILITY: Does the evaluation committee/entity consider an unlicensed SDVOSB distributor of medical-grade gases (oxygen is a prescription drug) to be a responsible/eligible offeror pre-award? If so, how will the Contracting Authority ensure state licensing compliance so that an unlicensed offeror will not deliver medical gases to the VAMC post-award until they are properly licensed in the state of New York? Recent GAO protests have stated that licensing is a contract administrative function, so how is the GOV enforcing contract administrative functions such as ensuring the awardee is compliant with federal regulations?

Answer 24- Award Eligibility:

See Section 2, PG 6 of 115. Also, Addendum to 52.212-1, PG 95 and 96 of 115.

5. FAR COMPLIANCE ENFORCEMENT: Please confirm who the GOV entity is that enforces and ensures post-award compliance with FAR 52.212-4, Contract Terms and Conditions—Commercial Products and Commercial Services (included on PGs 40-45 of 108 in the RFP)?

Answer 25- FAR Compliance Enforcement:

See Section B.1, PG 4 of 115 Contract Administration Data

6. LICENSING REQUIREMENT: Will the GOV please confirm that the required federal and state of New York licenses and certifications applicable to the SDVOSB Offeror (as stated in Section 2.3 on PG 7 of 108) must be provided in the name of the Prime Contractor at the time of bid submission (and cannot be delegated to a subcontractor), which is required of an SDVOSB offeror in order to comply with the FDA/Code of Federal Regulations to meet the requirements of the Statement of Work in this RFQ (wholesale distribution of medical-grade oxygen/compressed gases where medical-grade oxygen is defined by the FDA as a prescription drug)? Please see the below reference information regarding compliance with the FDA, CFR, and the state of New York:

Answer 26- Licensing Requirement:

In accordance with Section 2.3, PG 7 of 115 of the solicitation, throughout the term of this contract, it is the Contractor’s responsibility to maintain all federal, state, and local licenses applicable to the Contractor, as well as any required FDA certifications.

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