36C24524Q0718 0001_1.docx

SUBJECT*

Bulk Oxygen Gas | Base plus 4 option years

GENERAL INFORMATION

VA Maryland Health Care System Contracting Officer (90C) P.O. Box 1000, Bldg. 101, Room 26 Perry Point MD 21902

POINT OF CONTACT*

Contract Specialist Kami Hom Kami.Hom@va.gov 410-642-2411 x22404

PLACE OF PERFORMANCE

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

DESCRIPTION

See below.

Amendment to a Previous Combined Solicitation Amendment to a Previous Combined Solicitation

Page 1 of

Amendment to a Previous Combined Solicitation

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 f or 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 NUMBERE

D 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. I

f 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 OFFIC

ER

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) None Department of Veterans Affairs VA Maryland Health Care System Contracting Officer (90C) P.O. Box 1000, Bldg. 101, Room 26 Perry Point MD 21902 Department of Veterans Affairs VA Maryland Health Care System Contracting Officer (90C) P.O. Box 1000, Bldg. 101C Room 3 Perry Point MD 21902 To all Offerors/Bidders

36C24524Q0718 07-26-2024

X X X Monday, August 8, 2024 at 10:00am est.

See CONTINUATION Page X

The purpose of this amendment is to update the statement of work (SOW). the line items, and to answer questions that were asked by vendors.

The response date is hereby extended.

All responses are to be submitted in writing to Kami.Hom@va.gov no later than, Monday, August 5, 2024 at 10:00am est.

Kami Hom Contracting Officer Page 1 of Page 1 of

CONTINUATION PAGE

A.1 PRICE/COST SCHEDULE

ITEM INFORMATION

OXYGEN/ GAS TANK: BULK OXYGEN DELIVERY eCMS Item Line ID 14847323 Base Year: Period of Performance 10/1/2024 – 9/30/2025

BULK DELIVERY eCMS Item Line ID 14847324

INSTALL/ REMOVAL eCMS Item Line ID 14847325

TANK RENTAL eCMS Item Line ID 14847326

OXYGEN/ GAS TANK: BULK OXYGEN DELIVERY eCMS Item Line ID 14847323 Option Year 1: Period of Performance 10/1/2025 – 9/30/2026

BULK DELIVERY eCMS Item Line ID 14847324

INSTALL/ REMOVAL eCMS Item Line ID 14847325

TANK RENTAL eCMS Item Line ID 14847326

OXYGEN/ GAS TANK: BULK OXYGEN DELIVERY eCMS Item Line ID 14847323 Option Year 2: Period of Performance 10/1/2026 – 9/30/2027

BULK DELIVERY eCMS Item Line ID 14847324

INSTALL/ REMOVAL eCMS Item Line ID 14847325

TANK RENTAL eCMS Item Line ID 14847326

OXYGEN/ GAS TANK: BULK OXYGEN DELIVERY eCMS Item Line ID 14847323 Option Year 3: Period of Performance 10/1/2027 – 9/30/2028

BULK DELIVERY eCMS Item Line ID 14847324

INSTALL/ REMOVAL eCMS Item Line ID 14847325

TANK RENTAL eCMS Item Line ID 14847326

OXYGEN/ GAS TANK: BULK OXYGEN DELIVERY eCMS Item Line ID 14847323 Option Year 4: Period of Performance 10/1/2028 – 9/30/2029

BULK DELIVERY eCMS Item Line ID 14847324

INSTALL/ REMOVAL eCMS Item Line ID 14847325

TANK RENTAL eCMS Item Line ID 14847326

Statement of Work (SOW) Bulk Oxygen Liquid

TITLE OF PROJECT: The Washington DC VA Medical Center intends to secure (2) bulk tanks and medical oxygen gases.

BACKGROUND: We serve a patient population with multiple risk factors as wells as clinical procedures that requires medical oxygen gases during and after procedures. In our efforts to meet the routine and non-routine needs of the veteran as well as compliance with Medical Oxygen Gas directives a one vendor specialty supplier is needed to maintain patient safety.

SCOPE: The overall scope of services is for only two oxygen supply systems, (BULK Tanks) and to provide oxygen as needed to the medical center.

Tank rental Requirement: (2) tanks are required, this includes:

· Main tank 269 inches to fill- 6,006 gal.

· Reserve tank 120 inches to fill- 901 gal.

Installation and Removal will be at fair market price.

DELIVERY SCHEDULE: Medical Oxygen will be fill monthly -5 times a month. Oxygen level must be monitored by a telemetry remote monitoring system.

Main oxygen tank will be filled when it reaches half full.

Tanks(s) will be filled to maximum functional capacity at each refilling procedure unless otherwise specified in the facility requirements or as agreed upon in a written document signed and dated by the COR.

At the time of each delivery, the contractor must provide a legible signed and dated written document that identifies the tank level prior to fill, the level after fill, and the quantity delivered. This document must be counter-signed by the facility representative supervising the delivery.

Contractor owned equipment shall be installed by the effective date of the contract and shall be connected to the medical gas system on that date; provided: that the contractor shall be allowed a maximum of ninety days after receipt of notice of award to complete installation. If the contractor’s equipment replaces equipment already in use, the exchange of equipment shall be accomplished without interruption of gas supply to the using facility. Contractor installed equipment shall remain the property of the contractor and shall be removed upon termination of the contract, when directed by the ordering facility and in full cooperation with the succeeding contractor so as to avoid interruption of gas supply

All contractor owned equipment shall be maintained or repaired in accordance with NFPA 55: Standard for Bulk Oxygen Systems at Consumer Sites, 2001 and FDA’s Current Good Manufacturing Practices (CGMP) Regulations

Emergency deliveries not needed due to telemetry system.

· The COR, Darnell Grimes is authorized to place orders as needed based on the needs of the medical staff.

· A standard Par volume of oxygen will always be maintained.

· The Oxygen will be provided in Bulk Oxygen requirements as well as labeling requirements if requested by the medical center.

The period of performance for the Statement of Work will be performed from:

Base Year: October 1, 2024 through September 30, 2025 0001 – Bulk liquid oxygen 0002 – Bulk Delivery Cost 0003 – Install/Remove 0004 – Tank Rental

Option 1: October 1, 2025 through September 30, 2026 0001 – Bulk liquid oxygen 0002 – Bulk Delivery Cost 0003 – Install/Remove 0004 – Tank Rental

Option 2: October 1, 2026 through September 30, 2027 0001 – Bulk liquid oxygen 0002 – Bulk Delivery Cost 0003 – Install/Remove 0004 – Tank Rental

Option 3: October 1, 2027 through September 30, 2028 0001 – Bulk liquid oxygen 0002 – Bulk Delivery Cost 0003 – Install/Remove 0004 – Tank Rental

Option 4: October 1, 2028 through September 30, 2029 0001 – Bulk liquid oxygen 0002 – Bulk Delivery Cost 0003 – Install/Remove 0004 – Tank Rental

ADMINISTRATIVE ITEMS

Clinic Operating Hours:

The contractor will provide services (deliveries) on Tuesdays, Wednesday and Fridays. The hours for deliveries will be 0700-1730 hours.

Status Meetings: Contractor, Contracting Officer and COR will meet on an as needed basis to evaluate overall effectiveness of the contract, resolve problems and improve policies and procedures.

Medical Center Contact Information:

David Anderson, Chief Logistic Service (202) 745 8000 ext. 55339 Darnell Grimes, Acquisition Utilization Specialist (202) 365-4291 Patrick Morris, Supervisor (202) 745-8000 ext. 58405

Personnel:

Personnel Policy:

1. The Contractor will, at all times, demonstrate a high level of courtesy and consideration when providing services to the patient/primary caregiver.

1. All Contractors performing work under this contract will be a minimum of eighteen (18) years of age or older, as required by law.

1. All Contractor assigned by the contractor to work on this contract will be physically able to safely and adequately perform their duties.

Personnel/Equipment/Supplies/Forms: Contractor shall provide any personal equipment or other personal items in sufficient quantities to perform their assigned tasks during the delivery and pick-up process.

Organizational Relationship:

The parties agree that the Contractor shall not be considered VA employees for any purpose.

The Contractor shall be responsible for protecting the personnel furnishing services under this contract.

Invoicing:

The invoice shall contain the contractors name, address, and telephone number, name of the type of medical oxygen gas, amount of each type of gas delivered, and charge amount for each item delivered.

The invoice will provide a breakdown of all services provided for the previous week.

The contractor shall not invoice until all required documentation is complete.

If the supporting documentation has not been completed before the invoice is received by the COR at the medical center, the invoice shall be considered incomplete and will be returned.

All invoicing by the Contractor for Bulk Oxygen Delivery will be submitted monthly and in arrears to: OB10/Tungsten VA Electronic Invoicing System. http://www.fsc.va.gov/fsc/einvoice.asp, 1-877-489-6135.

Payment:

All payments made under the contract will be made monthly, in arrears, upon submission of a properly prepared invoice for the services furnished in the previous month. No advance payments will be authorized.

Contractor shall contact the Purchasing Agent at medical facility should they not receive payment within 60 calendar days of submission of a proper invoice.

Contractor shall submit invoices to the VA payment offices in Austin Texas. Invoices without proper documentation will be returned.

Payments under this contract will be made in accordance FAR 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration. The Company will provide the appropriate form and account information for electronic transfer.

Payments made by the medical center under this contract shall constitute the total cost of services provided by the Company. The Company hereby agrees that in no event shall the Company bill, charge, collect a deposit from, seek compensation, remuneration, or reimbursement from, or have any recourse against the beneficiary, the beneficiary’s family, private insurer, Medicare or any other entity acting on the beneficiary’s behalf, for services provided pursuant to this contract. Billings rendered by the Company to the medical facility for services furnished to VA beneficiary under the terms of this contract shall be billings in full.

ADP Security Responsibilities:

If contractor has access to printed and/or electronic files containing sensitive information in the performance of official duties, all information or data must be protected under the provision of the Privacy Act of 1974 and other applicable laws and regulations.

The contractor is responsible for:

1) Protecting the information from unauthorized release, from loss, alteration or unauthorized deletion; and

2) Following applicable regulations and instructions regarding access to computerized files, release of access codes, etc. as set out in the computer access agreement and VA Policy Memorandums.

Licensing: The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. Washington DC requires the Awardee/SDVOSB Prime Contractor to have a Wholesale Distributor license or Nonresident Wholesale Distributor license to distribute medical gases (medical-grade oxygen for human consumption is classified by the FDA as a prescription drug). Additionally, the licensing requirement is directly linked to the GOV’s required affirmations found in VAAR 852.219-76 – the VA Notice of Limitations on Subcontracting, Certificate of Compliance for Supplies and Products. VAAR 852.219-76 requires offerors to certify in writing that they take ownership/possession of the items, and, with the offeror affirming that they take ownership of the gas, the SDVOB offeror is categorized as a Wholesale Distributor in Washington DC and is required to be licensed (cannot be delegated to a subcontractor as the contract is with the Prime SDVOSB).

Per the Code of the District of Columbia – Title 48, Chapter 7, Section 707:

https://code.dccouncil.gov/us/dc/council/code/sections/48-707

Amendments:

In accordance with FAR 52.212-4 the services specified in this contract may be changed only by written modification to this agreement. The VA Contracting Officer will prepare the modification and have both parties approve the modification.

Abbreviations and Definitions:

Contracting Officer (CO): The representative of the Washington DC VA Medical Center who has the authority to enter into, administer, terminate, modify, approve changes, or otherwise represent and bind the DCVAMC in all matters arising under or relating to this agreement.

Contracting Officer’s Representative (COR): Individual(s) who furnishes technical guidance and advice or generally supervises the work performed under the contract. Designations will be in writing and will define the scope and limitation of the representative's authority.

Period of performance: October 1, 2024 through September 30, 2025 Local Stock Number Liquid oxygen

Local Stock Number:

Tank Rental

(END OF STATEMENT OF WORK)

DC Bulk Oxygen Questions & Answers Question in Black Text Answers in Red Text

Q1: As the NAICS for this RFQ is 325210 Industrial Gas Manufacturing, please confirm whether this is a Service Contract or a Supply Contract.

A1: Supply Contract

Q2: What is the current contract number for the Bulk Oxygen supply, and who is the contractor/supplier for this requirement?

A2: 36C24520C0008 – RCG of North Carolina, LLC

Q3: What are the current tank set points for the Main and Reserve tanks (in inches) for FULL TRYCOCK, REORDER POINT, REFILL POINT, & LOW-LEVEL ALARM?

A3: This information is provided in the RFQ on page 7.

Q4: Can the GOV provide pictures of the bulk tanks, gauges, and data plates for both Main & Reserve?A4: See pictures below.

Q5: What are the procedures for scheduling a site visit to observe the tank site and conditions prior to bid submission?

A5: Site Visit is available on July 30, 2024 at 9:00am est. You must send an email to Kami Hom at Kami.Hom@va.gov to confirm attendance and provide information on who will be in attendance no later than July 29,2024 2:00pm est.

Q6: What is the average daily Oxygen usage (in inches)?

A6: This cannot be predicted

Q7: When was the most recent annual inspection, and will the GOV provide a copy of this report?

A7: Both tanks are provided and inspected by Airgas.

Q8: Are there any planned construction projects on site that may hinder delivery access?

A8: No, this area is to always stay clear.

Q9: Has there been any history of vaporizers icing up due to high volume?

A9: No

Q10: INVOICING: PG 9 of 64, “Invoicing,” states “The invoice will provide a breakdown of all services provided for the previous week” yet the same Page, under “Payment,” states “All payments made under the contract will be made monthly, in arrears, upon submission of a properly prepared invoice for the services furnished in the previous month.” Is the verbiage under “Invoicing” meant to state “for the previous month” and not “week?”

A10: Month

Q11: DELIVERY DAY RESTRICTIONS: PG 6 of 48 states “The contractor will provide services (deliveries) on Tuesdays, Wednesday and Fridays.” What is the purpose of limiting Bulk Oxygen deliveries strictly to Tuesdays, Wednesdays, and Fridays and not Monday thru Friday (standard across the industry)? In the event a facility reaches the reorder point on a Friday, per this restriction the supplier would not be able to deliver for (4) days after reaching this level.

A11: The telementry tank is to be filled when alerted regardless of the day of week.

Q12: DELIVERY/FILL FREQUENCY: Please confirm the estimated frequency of delivery as it appears to be approximately once per month. PG 7 of 64 states “Medical Oxygen will be fill monthly -5 times a month.” Is the “-5 times a month” a typo?

A12: It varies. The telemetry tanks operates on a remote monitoring system to alert the vendor when delivery is needed.

Q13: PERIOD OF PERFORMANCE: PG 8 of 64 in the RFQ lists the period of performance as 10/01/24-09/30/25. What is the GOV’s rationale for a one-year period of performance, which may include removal/installation of the bulk tanks? Typically these contracts are Base Plus (4) Options unless the utility is to provide a bridge contract until a larger contract vehicle is solicited. Is there potentially a larger contract vehicle (e.g., VISN 5) that will be solicited once the 1-year term for this contract expires?

A13: The SOW has been updated to change the Period of Performance to a base plus 4 option years.

Q14: CLIN CLARIFICATION: CLIN 0001 (Medical Grade Bulk Oxygen) shows a conflicting unit on PG 11 of 64 in the RFQ. The table at the top of PG 11 shows a unit of CCF, and the B.3 Price/Cost Schedule below it shows a unit of CF. The standard billable unit for Bulk Oxygen is CCF, but we don’t want to assume that is the intended unit for offerors to price. Please confirm whether the quantity of 163,777 for CLIN 0001 should be a unit of CCF or CF.

A14: CCF

Q15: CLIN CLARIFICATION: CLIN 0002 (Delivery Fee) has a QTY of (12) with a Unit of “Month.” What is the purpose for having a Unit of “Month” instead of “Each?” By structuring it by “Month,” the offeror can only invoice for (1) delivery per month even if the facility sees an increase in usage and requires more than (1) delivery within a month’s time. Recommend changing the Unit for CLIN 0002 to “Each” which is more standard for structuring CLINs for delivery fees.

A15: Deliveries should be invoiced monthly.

Q16: INSURANCE REQUIREMENTS: There is no mention of offerors being required to have any General Liability Insurance, a common requirement for NAICS 325120 contracts. How is the GOV going to discern that the offeror is properly insured for NAICS 325120 to supply medical-grade Bulk Oxygen? This is important because there are very few underwriters that will insure small businesses for compressed gases and why confirmation of whether the Insurance Certificate lists the applicable NAICS is requested, in addition to confirming if the offeror is insured for this work IAW FAR 52.228-5 – Insurance Work on a Government Installation A16: 52.228-5 Insurance-Work on a Government Installation.

Insurance-Work on a Government Installation (Jan 1997)

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government’s interest shall not be effective-

(1) For such period as the laws of the State in which this contract is to be performed prescribe; or

(2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors’ proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

Q17: CERTIFICATE OF COMPLIANCE: The VAAR 852.219-76 clause – VA Notice of Limitations on Subcontracting, Certificate of Compliance for Supplies and Products – is not included in the solicitation. VAAR 852.219-76 is a requirement on SDVOSB set-aside opportunities under the 325120 NAICS code as it requires offerors to certify that they take ownership/possession of the products and affirm that they will complete 50% of the contract costs billed. Please confirm that VAAR 852.219-76 is applicable to this solicitation and that it is required with an offeror’s bid submission.

Per 819.7011 Contract Clauses:

LINK: https://www.va.gov/oal/library/vaar/vaar819.asp#:~:text=(c)%20The%20contracting%20officer%20shall,the%20basis%20of%20an%20SDVOSB%2F A17: Clause 852.219-76 is applicable and hereby included in this solicitation.

Q18: LICENSING: What specifically are the submission licensing requirements for the Prime Contractor/Offeror? There is no mention of licensing requirements in the SOW or technical submission requirements, yet FAR 52.212-4 is included on PGs 13-18 of 64 where para. (q) states that “The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.” Washington DC requires the Awardee/SDVOSB Prime Contractor to have a Wholesale Distributor license or Nonresident Wholesale Distributor license to distribute medical gases (medical-grade oxygen for human consumption is classified by the FDA as a prescription drug). Additionally, the licensing requirement is directly linked to the GOV’s required affirmations found in VAAR 852.219-76 – the VA Notice of Limitations on Subcontracting, Certificate of Compliance for Supplies and Products. VAAR 852.219-76 requires offerors to certify in writing that they take ownership/possession of the items, and, with the offeror affirming that they take ownership of the gas, the SDVOB offeror is categorized as a Wholesale Distributor in Washington DC and is required to be licensed (cannot be delegated to a subcontractor as the contract is with the Prime SDVOSB).

Per the Code of the District of Columbia – Title 48, Chapter 7, Section 707:

LINK: https://code.dccouncil.gov/us/dc/council/code/sections/48-707 A18: SOW has been updated.

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