36C24624Q0149 Amendment 0003.docx

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)

Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667

Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667

To all offerors/bidders

36C24624Q0149 03-11-2024 x

The purpose of this amendment is to update the due date for all offers and to provide answers to questions from all offers/bidders.

Amendment 003:

Amendment to Update due date of RFQ 36C24624Q0149 due to the following answers to the questions: NEW due date will be March 15, 2024 at 12pm EST to francine.valverde@va.gov.

1. Question: EMERGENCY DELIVERIES: PG 10 of 66 states that “Emergency deliveries and/or repairs shall be provided within two (2) hours after receipt of Government notification.” This is a highly irregular request and isn’t practical in the Bulk Oxygen distribution industry. No vendor can provide emergency deliveries in (2) hours as delivery timeframes depend on the location of the ASU supporting the facility as well as the availability and assignment of delivery drivers. Standard language for emergency deliveries is to deliver within (24) hours. Will the GOV please amend this language to deliver “within (24) hours” and to respond “within (2) hours”?

Answer: Yes, the SOW is updated to reflect the following language:

6.5. Emergency delivery and/or repairs shall be provided within 24 hours after receipt of Government notification. Contractor must respond to the facility by either telephone or email within two (2) hours to confirm receipt of emergency notification to ascertain the nature of the emergency. Emergency status is determined by the Government when conditions warrant, such as an actuated main bulk tank low level alarm, imminent alarm condition, or system leak. Failure of the contractor to remain current with agreed delivery schedule and requirements does not constitute an “emergency” for purposes of charging an emergency delivery fee. Sub-contracting plans established to meet this requirement will be considered during review of quotes; Contractors should submit any applicable sub-contracting plans with the quote.

2. Question: Will the GOV allow offerors to schedule a site visit to observe active conditions of the Bulk Tank site prior to the quote submission deadline?

Answer: Yes, the offerors can schedule a site visit. Please contact Michael.cunningham7@va.gov to schedule the site visit.

The following dates/times are available:

Tuesday, 3/12 – 1-3pm Wednesday, 3/13 – 1-3pm Thursday, 3/14 – Open until 3pm Friday, 3/15 – Open until 3pm

3. Question: Will the GOV add a CLIN for telemetry monitoring?

Answer: The government will incorporate “with telemetry monitoring” language to CLIN 0001

4. Question: What is the GOV’s rationale for utilizing the Lowest Price Technically Acceptable evaluation process for an award that provides a critical hospital function such as Medical Grade Oxygen supply (a prescription drug) for a Veterans Hospital? PG 43 of 66 in the RFQ details the evaluation steps and states that “the lowest priced offer shall be evaluated for technical acceptability.” However, the RFQ does not list any Technical Submission requirements to be included with an offeror’s quote. How will the GOV deem an offeror is technically acceptable to perform the critical level of work required under this contract with no technical or past performance submission requirements?

Answer: The following language to be inserted to the RFQ:

Start Instructions to Offerors:

Note that FAR Part 13 SIMPLIFIED ACQUISITIONS PROCEDURES will be used.

1. OFFER SUBMISSION

Offerors shall submit their offer via email to Francine Valverde at francine.valverde@va.gov by 12:00 p.m. EST on March 15, 2024. Quotes shall be based on the requirements contained in the Salient Characteristics. All offers shall be submitted in electronic format (PDF or Word). Offer submissions shall be assembled in the following Sections: each section shall be easily identified.

Section A - Offer Form (Standard Form 1449) Signed and dated, include the North American Industry Classification System (NAICS) code and small business size standard in Block 10. The System for Award Management (SAM) Unique Entity Identification (UEI) Number shall be entered in the block with the Offeror's name and address.

Section B – Pricing Pricing shall be submitted on Attachment A, Price/Cost Schedule, and on a quote. Complete the attached Excel spreadsheet as well. The following fields require completion on the attachment. Do not change the format or add/delete any Excel spreadsheet columns.

Section C– Offerors Representations and Certifications A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically). An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at www.sam.gov/portal/public/SAM/.

All Offerors shall be registered and current in the System for Award Management (SAM) database at the time of the award.

Failure to submit a complete proposal may result in a technically unacceptable determination.

2. AMENDMENTS

Amendments to this solicitation will be posted on https://sam.gov/. Paper copies of the amendments will NOT be individually mailed. By registering to receive notifications on https://sam.gov/, offerors will be notified by email of any new amendments that have been issued. No other notifications of amendments will be provided. Potential Offerors are advised that they are responsible for obtaining and acknowledging any amendments to the solicitation. Failure to acknowledge an amendment may result in your quote being considered unacceptable.

3. AWARD BASIS

This procurement is conducted under FAR Part 13 Simplified Acquisitions Procedures. The Government intends to award a contract resulting from this solicitation to the responsible offeror whose quote: conforms to the Statement of Work (SOW), quotes the lowest price, whose quoted price does not exceed the amount of funding available for the procurement, and whose quoted price is found to be reasonable.

The Government will evaluate the technical approach, past performance, and price.

Factor 1: Technical Approach Contractors shall provide: • Local, State, or Federal Department of Health Transportation of Cylinders Certification • FDA Certification

Factor 2: Past Performance Past performance information will be utilized to determine the quality of the contractor’s past performance as it relates to the probability of success of the required effort. The Government will evaluate customer satisfaction, responsiveness to customer needs, and past Demonstrations of meeting delivery schedules and the delivery of quality services. Emphasis will be on recent, relevant past performance in the previous three (3) years. Recent is defined as work performed within the last three (3) years. Relevant is defined as work similar in size and scope of the work described in the Statement of Work (SOW). Past performance information indicates a quoter’s ability to perform the contract successfully. Current and relevant information, source of information, context of data, and general trends in the Contractor’s performance shall be considered as it pertains to the performance of work described in this solicitation. Quoters may provide information on problems encountered on identified contracts and the quoter’s corrective action. The Government shall consider this information and information obtained from any other sources when evaluating the quoter’s past performance. Since the Government may not necessarily interview all sources provided by the quoters, it is incumbent upon the quoter to explain the relevance of the data provided. Quoters are reminded that the Government may elect to consider data obtained from other sources. Quoters with no relevant past performance or whose information is not available shall not be evaluated favorably or unfavorably on past performance but may be considered less favorable than a quoter with a favorable performance history.

Factor 3: Price:

Prices shall be submitted in accordance with the Price/Cost Schedule contained in the Solicitation. The total price, including options, will be evaluated by the Government. In evaluating the quoter’s proposed price for this project, the Government’s concern includes determining price reasonableness. Reasonableness determinations will be made by determining if competition exists, by comparing proposed cost/price with established commercial prices and other contract vehicles, and/or by comparing proposed cost/price with the Independent Government Cost Estimate (IGCE). The IGCE is not releasable to the public. (b) Options. The Government will evaluate quotes for award purposes by adding the total price for all options to the total price of the base requirement. The Government may determine that a quote is unacceptable if the option prices are significantly unbalanced or if the quoted price for the base requirement or any option exceeds the amount of funding available. Evaluation of options shall not obligate the Government to exercise the option(s).

4. TECHNICAL QUESTIONS

Offerors should submit all technical questions regarding this solicitation to the Contracting Officer in writing, via email, to francine.valverde@va.gov on or before noon EST 3/13/2024

Address Subject Line: RFQ 36C24624Q0149 – Medical-Grade Liquid Bulk Oxygen.

Telephonic (verbal) questions Will Not be addressed.

All responses to questions, which may affect offers, will be incorporated into a written amendment to the Request for Quote.

5. DUE DATES

All offers shall be submitted by 12:00 p.m. EST on March 15, 2024, via email to Francine Valverde at francine.valverde@va.gov

Facsimiles are not authorized under this announcement.

--------------------------------------END Language------------------------------------

5. Question: Is the current 3000 gallon tank and 500 gallon reserve tank up to code?

Answer: RAS/Messer completes an inspection annually and the tanks were installed at the beginning of the previous contract in 2019.

6. Question: What size of a rental tank is needed throughout the performance?

Answer: The current size tanks seem to be adequate for our use.

7. Questions: A rental tank may be inclined to a 7-10 year contract which is against the VA's best interest. Would an alternate solution of installing a permanent tank be acceptable.

Answer: I would have to speak with our facility maintenance leadership to see if this is feasible. The current location of the bulk oxygen tanks is quite small and there is not much space in that area. I would have to assume the this would require some sort of planning and capital project request to have this completed.

8. Question: There is no mention of offerors being required to have any General Liability Insurance, a common requirement for 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 52.288-5 Insurance Work on a Government Installation.

Answer: Insert the following:

-----------------------Start of Language to insert ---------------------------

SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

----------------------End of Language-------------

9. Question: 9. On PG 9 of 66 in the RFQ, Section 3.1 requires the contractor to “perform the hook-up of contractor owned equipment to the facility-maintained alarm system.” Will the GOV please specify that responsibility of this hook-up is only within the confines of the bulk system pad and not inside the facility, as that is the VA electrician’s responsibility? Will the VA also amend this section to read, “The Contractor shall assist VA electricians with hooking up the facility-maintained alarm system, consistent with NFPA 55 & 99 code requirements, which require an uninterrupted electrical connection between the alarm panel(s) inside the facility and the gauges on the tanks” as was the language utilized in the 2022 VISN 4 Bulk Liquid Oxygen RFQ (36C24422Q0510)?

Answer: The SOW will be revised to reflect the following language “The Contractor shall assist VA electricians with hooking up the facility-maintained alarm system, consistent with NFPA 55 & 99 code requirements, which require an uninterrupted electrical connection between the alarm panel(s) inside the facility and the gauges on the tanks”