36C24424R0004 0011 Reopen Questions and Answers.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 1

VISN 4 Ref Lab

36C244

Department of Veterans Affairs Network Contracting Office 4 Services 5 1010 Delafield Road Pittsburgh PA 15215 Amanda.Saunders@va.gov

36C244

Department of Veterans Affairs Network Contracting Office 4 Services 5 1010 Delafield Road Pittsburgh PA 15215

To all Offerors/Bidders

36C24424R0004

01-10-2024

X x x

** HOUR & DATE for Receipt of Offers is EXTENDED to: October 9th, 2024 at 10:00 AM EDT.

x 1

The purpose of this amendment is for the following items:

1. To extend the solicitation to 10/09/2024 at 10:00 AM EDT. See Block #11 for details.

2. To Provide Question & Answers (See below)

Contracting Officer

VISN 4 Reference Laboratory Re-Open Questions

1. As this is an indefinite quantity order contract, can you please define the ceiling? Let me use this scenario, If the ceiling for Vitamin D test is 10 then does it means regardless the nature of the contract, we will not get more than 10 in that particular month? If we receive the quantity more than ceiling then how we will proceed? If you can please provide your feedback, I really appreciate it.

Answer 1: Please refer to Amendment P0004, Questions/Answers; numbers #6, #7, #14, and #15.

2. We are concerned about the impact to patient care that may arise in the event that a VA physician orders a test for a patient when the overall ceiling quantity for that test has already been reached. The solicitation and the response to earlier questions make clear that the Contractor is “not obligated to fill an order once the monthly ceiling is reached.” This raises at least two additional questions. First, how does the VA intend to ensure that patients receive the testing they need in a timely fashion if the Contractor is not obligated to perform it? Second, how does the VA intend to address and allocate potential liability to the patient and/or physician for testing that is delayed or not performed as a result of this scenario?

Answer 2: It is highly unlikely that any given monthly ceiling will be reached. In the unlikely event that happens, VA can order the required test(s) off-contract from any vendor that is capable of performing the test(s) within the timeframe needed by the VA facility. The contractor need not be concerned with liability for not performing tests it is not obligated to perform.

3. Is the VA able to share a copy of the request for a waiver referenced in its earlier question responses, as well as a copy of the waiver itself?

Answer 3: Any requests for copies of the waiver as well as supporting documents will need to be presented to VA in writing under the Freedom of Information Act (FOIA). At that time, a determination will be made whether the documents can be publicly released.

4. If the VA is going to deviate from customary commercial practice of pricing tests based on the VA’s actual utilization, and instead require fixed monthly pricing, could the VA include a provision permitting the contractor to terminate the contract with 30 days' written notice should a monthly quantity materially exceed the stated estimates? In addition, if there is no termination, will the VA agree that the contractor is entitled to an equitable adjustment for any tests that are performed above the stated estimates?

Answer 4: No. The stated estimates are just that—estimates. VA is entitled to order quantities above the stated estimates, and the contractor is required to perform all such tests at no additional cost. However, please note that in addition to estimated quantities for each month, the contract identifies ceiling quantities for each test for each month. The Contractor is not obligated to fill an order for a test once the monthly ceiling quantity is reached for that test. It is highly unlikely that VA would ever need more than the ceiling quantities in any given month, but if the need were to arise, VA would acquire the testing off-contract.

5. We note that solicitation 36C24424Q0892 for Wilkes Barr & Philadelphia VAMCs Anatomic Pathology testing also sets forth a unilateral firm-fixed price approach. That solicitation includes tests that are also included in the RFP for this solicitation (for example, for following tests, among others, are identified in both RFPs: named Factor II, DNA Analysis;

Factor V Leiden Mutation; FISH analyze 100-300 cells; FISH DNA Probe). Given that both solicitations contemplate fixed price approaches, how does the VA intend to ensure that orders for tests that appear in both RFPs are submitted under the correct contract?

Answer 5: VA personnel will be counseled on which contract to use when ordering tests.

End of Document