Vendor Questions for RFQ 36C24226R0054.docx

Vendor Questions for RFQ 36C24226R0054 - VAMC BATH - MED GAS CYLINDERS

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: Supply Contract

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

Answer: They are currently purchased via Credit Card, Haun.

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

Answer: FOB Destination (Reference Solicitation 1449 Block 11)

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

· CLIN 0001 – Bath All-in-One E Tanks:

· Please confirm that the language listed in this CLIN Description reflects that the VAMC requires delivery 2X per week (placed via order for “on demand”) with an estimated (7) cylinders per delivery, which is based on (729) annual fills (729 annual fills / 52 weeks = 14 cylinders / 2 deliveries per week = 7 All-in-One cylinders per delivery).

Answer: Confirming this is correct.

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

Answer: Confirming this is correct.

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

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

Answer: Post Valve

· Please clarify the description requirements as the CLIN Description says delivery is required 2X per week, but the annual total is listed as (2) cylinders per year.

Answer: Confirming this is correct.

· Please confirm that the description is stating at any given time the GOV expects to have an estimated (18) cylinders on hand at the VAMC?

Answer: Confirming this is correct.

· CLIN 0012 – All-in-One CLIN clarification – Will the GOV please confirm if CLIN 0012 and CLIN 0001 are representing the same type of cylinder? Both are for medical oxygen All-in-One E tanks. Is this possibly a CLIN that was duplicated in error?

Answer: All in one E cylinders are listed twice because they are delivered to both building 78 and 76.

· CLIN 0014 – Daily Rental EW/OXY-GEN I: Is this the rental CLIN respective to the All-in-One Es?

Answer: Correct

1. LIQUD NITROGEN: Is there no liquid nitrogen required for VAMC Bath on this contract (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: Yes, there should be Liquid Nitrogen for Dermatology Clinic. Please see the amended CLINs.

1. CBOCs: PG 5 of 96 states that “The Contractor shall be responsible for providing, filling, transporting, handling, servicing, maintaining, delivering, picking up and storing medical gases and cylinders for all facilities located within VISN 2, Bath VA Medical Centers catchment area.” As this RFQ is only soliciting services for the VAMC Bath, will the GOV confirm whether the VAMC Canandaigua and the other (5) CBOCs in the HCS (listed on VA.gov) are on a separate contract? Considering the quoted excerpt regarding “all facilities” in the Bath VAMC’s catchment area, we want to confirm that no CBOCs will require service under this contract.

Answer: Bath only. CBOCs not required.

1. EVALUATION:

6. 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)?

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

1. GFE CYLINDERS:

7. GFE TYPES & QTYS: What are the estimated number of GFEs (by CLIN) that the VAMC Bath has on its property books? The B.3 Price/Cost Schedule does not specify any CLINs as GFE, but CLIN 0017 is for Hydrostatic Testing, though it’s only funded for (1) cylinder annually, which infers that there are limited quantities/types of GFE cylinders utilized by the VAMC.

Answer: All tanks are leased.

7. GFE STORAGE: PG 5 of 96 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, Bath VA Medical Center 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: Contractor owns all cylinders.

7. GFE PROCEDURES: PG 8 of 96 (Section 6.1) 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 pick up 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: Contractor owns all cylinders.

7. GFE TRACKING SYSTEM: PGs 8-9 of 96 (Section 6.2) 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: The VA is not performing internal audits.

1. CONTRACTOR-OWNED CYLINDER PODs: PG 14 of 96 (Section 10.2) 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: The government will not change this section.

1. DELIVERY REQUIREMENTS:

9. DELIVERY TIMEFRAME: PG 15 of 96 (Section 10.9) 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: The Government will not change this section. There is no one in receiving after 3:00PM.

9. DELIVERY DAYS: PG 15 of 96 (Section 10.9) also lists the delivery days as Monday-Friday. Is the VAMC Bath currently receiving deliveries every day of the business week? Or does the facility have established delivery days (e.g., MON/FRI or TUE/THUR) for a more efficient logistical flow?

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

1. TRANSITION TIMELINE: PG 11 of 96 (Section 8.2) states 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 as transitions are “event” based not as much “time” based., so it’s not feasible for the VA to begin placing orders on “the effective date of the contract” as transition would not begin until an award has been formalized (and Ordering Officers established as referenced in the quoted excerpt). Please confirm the transition timeline for all incoming contractors, including an awarded SDVOSB who may subcontract to the incumbent supplier.

Answer: There will be a 45-day transition phase.

1. ELECTRONIC DATA INTERCHANGE (EDI): EDI is mentioned throughout PGs 11-13 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 Bath is 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: 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 9 of 96 (Section 7.4) is specifically titled “Daily Rental Charges,” but Section 7.4.2 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 16 of 96 (Section 15.1) 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. Please confirm that cylinder rental charges will be assessed on a monthly basis 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 typically requires additional technology (e.g., scanning cylinders), which is not a service universally provided by suppliers, especially not among small businesses in the industry.

Answer: See Section 7.4.2, PG 10 of 97

1. ANNUAL AUDITS:

13. AUDIT TIMELINE: PG 16 of 96 (Section 13.1) 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: Section 13.1, PG 16 of 97 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.”

13. ANNUAL AUDIT CLIN: Per multiple references throughout the RFQ, annual audits are required for the VAMC, 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 when the GOV requires this service function. The costs to provide this function cannot be included in the price of the gas/rentals as these are only estimates, supported by PG 5 of 96 (Section 1.5) where the RFQ explicitly states that “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: 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. EMERGENCY ORDER PROCEDURES: PG 13 of 96 (Section 9.8) 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 procedure 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: Section 9.8, PG 13 of 97 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: PG 87 of 96 (Addendum to 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: This solicitation is amended so that a redacted technical file is not required.

1. LOSS OF USE FOR CONTRACTOR-OWNED CYLINDERS: There is language addressing Loss of Use (LOU) on PGs 10-11 of 96 (Section 7.4.5) 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 VAMC Bath). 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: 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 on PG 7 of 96? 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 PGs 58-59 of 96.

Answer: Insurance requirements are specified in Section 3.1, PG 7 of 97; also see Instructions to Offerors starting on PG 88 of 97.

1. AWARD ELIGIBILITY OF SDVOSB OFFEROR:

18. To ensure uninterrupted delivery of medical-grade gases to the VAMC and to avoid post-award delays that could impact patient care, will the GOV revise the Solicitation to require SDVOSB offerors to submit, with their proposal submission, evidence that they currently hold all applicable federal, state, and local licenses required for the distribution and delivery of medical-grade gases, including gases classified as prescription drugs, as a definitive responsibility criterion?

Answer: No, the Government will not revise the solicitation to require offerors to submit with their proposal.

18. Given that medical oxygen and other medical-grade gases are life-sustaining products regulated as prescription drugs, does the GOV intend to limit competition to offerors that are already legally authorized to distribute and deliver such products at the time proposals are submitted, in order to avoid delays in commencement of performance following award?

Answer: No, the Government does not intend to limit competition to offerors that are already legally authorized to distribute and deliver such products at the time proposals are submitted.

18. Will the status of an offerors’ license (in this case, a registered wholesaler of drugs and/or devices in the state of New York) be evaluated as a definitive responsibility criterion during the consideration of offers?

Answer: Please refer to 52.212-1 Instruction to Offerors, PG 88-90, Volume Two, Technical A, B, C.

18. How will the GOV evaluate a proposal submitted by an offeror that does not possess an active and applicable medical gas distribution license at the time of proposal submission but proposes to obtain or rely upon such licensure after award?

Answer: Please refer to 52.212-1 Instruction to Offerors, PG 88-90, Volume Two, Technical A, B, C.

1. 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 36-41 of 96 in the RFQ)?

Answer: See Section B.1, PG 4 of 97 Contract Administration Data

1. FAR 52.212-4 CLARIFICATION ON CHANGES:

20. CLAUSE VERSION CONFIRMATION: PGs 36-41 of 96 in the RFQ feature the full text of FAR 52.212-4; however, there has been a notable change in this RFQ’s version of the clause, which differs from what is stated on Acquisition.gov. The clause title itself on PG 36 states that this is the “(DEVIATION OCT 2025)” version, but the most recent version of FAR 52.212-4 is from NOV 2023. While the NOV 2023 version lists an “Effective Date” of 10/01/2025 at the top of its entry on Acquisition.gov, this effective date does not change the most recent version/deviation, which is still currently listed as NOV 2023. See more: https://www.acquisition.gov/far/52.212-4. Please clarify why the GOV is listing FAR 52.212-4 as “DEVIATION OCT 2025” when the most recent version explicitly states (NOV 2023).

Answer: The version included in this RFQ reflects agency-level deviation to FAR 52.212-4, identified as “Deviation Oct 2025”. While acquisition.gov lists the most recent FAR baseline version as Nov 2023, contracting activities are authorized to implement approved deviations. The “Effective Date” listed on acquisition.gov does not supersede or negate authorized deviations.

20. REMOVAL OF COMPLIANCES SECTION: Significantly, the compliance language featured in paragraph (q) from FAR 52.212.4 in this RFQ has been removed. Per Acquisition.gov, paragraph (q) includes the following: “(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.” This complete section has been removed in RFQ 36C24226R0054 for VAMC Bath and all other paragraphs have moved up to replace it, meaning para. (q) now lists “Compliance with laws unique to Government contracts” in its place (found on PG 39 of 96), which is actually paragraph (r) in the official clause at https://www.acquisition.gov/far/52.212-4. Please clarify why this section on contractor compliance with federal, state, and local laws, executive orders, rules, and regulations has been removed from this solicitation and para (r) language is now inserted into para (q)? Is it the GOV’s position that bidders do not need to comply with all federal laws, and that bidders do not need to comply with state and local laws as well?

Answer: The government confirms that paragraph (q) from the standard FAR 52.212-4 (Nov 2023) has been removed as part of the same approved deviation referenced above. Notwithstanding the removal of the specific paragraph, contractors are still required to comply with all applicable federal, state, and local laws, regulations, and executive orders as a matter of law and general contract performance obligations.

1. LICENSING REQUIREMENT OF OFFERORS: 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 96) 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)?

Answer: In accordance with Section 2.3, PG 7 of 97 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. Also, see Section 2.2, PG 6 of 97.