Amendment-36C24726Q0082 0002.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)

12-05-2025

None 36C247 Department of Veterans Affairs VISN 7 Network Contracting Office LaVista Business Park - Bldg A 2008 Weems Road Tucker GA 30084

36C247 Department of Veterans Affairs VISN 7 Network Contracting Office LaVista Business Park - Bldg A 2008 Weems Road Tucker GA 30084 To all Offerors/Bidders

36C24726Q0082

X

SUBJECT: Amendment 0002 - 36C24726Q0082 - Bulk Oxygen and Tank Rentals PURPOSE: Changes to SOW and Q&A

1. The answers to questions submitted during the open period has been included with this amendment.

2. The verbiage in the SOW has been revised and is included in this amendment.

There are no other changes pertaining to this modification. Nothing Follows.

Leonard Robinson Contract Officer

QUESTIONS AND ANSWERS

Bulk Oxygen and Tank Rentals

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

Answer: This is a supply contract.

2. SINGLE / MULTIPLE AWARD: Is the GOV’s intent to pursue a Single Award or a Multiple Award?

Answer: Single Award

3. CLIN 0015: CLIN 0015 for the Montgomery VAMC only includes tank rentals while CLIN 0003 (Atlanta), CLIN 0007 (Birmingham), and CLIN 0011 (Tuskegee) all specify that telemetry is to be priced with tank rentals in the respective line items. Will the GOV please confirm that offerors should price both tank rentals and telemetry monitoring in CLIN 0015 for the Montgomery VAMC?

Answer: Yes, the Contract Line Item Numbers (CLINs) verbiage will be amended.

4. CYLINDERS REFERENCE: PG 11 of 85 (Section 14.1.1) states that invoices should include a description of “type and quantity of cylinders…” Will the GOV please confirm that there is no cylinder requirement specified in the SOW and that this was included in error?

Answer: The verbiage has been removed from Statement of Work (SOW).

5. INSURANCE REQUIREMENTS: There is no mention of required liability insurance in the Solicitation. 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? 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 incorporated by reference on PG 43 of 85.

Answer: As specified in 52.228-5, before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. At minimum, liability insurance is required before the start of the contract.

6. EVALUATION: PGs 69-70 of 85 in the RFQ (FAR 52.212-2) states that the awarded offer will be most advantageous to the Government, with the factors of experience and price being considered. Will the GOV please confirm if both considered factors will be weighed the same or if price, for example, will be weighed as more significant during the evaluation process?

Answer: As specified in the solicitation, experience is more important than price. This allows the government to award to other than the lowest priced quoter if it is in the Government’s best interest.

7. 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 offeror pre-award? If so, how will the Contracting Authority ensure compliance that an unlicensed offeror will not deliver medical gases to the VAMC post-award until they are properly licensed in the states of Georgia and Alabama? Restated, is an unlicensed SDVOSB offeror considered eligible for award? 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: Licenses and certifications will be reviewed prior to the start date, allowing quoters the opportunity to obtain the necessary credentials.

8. 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 (PGs 38-42 of 85 in the RFQ)?

Answer: The Contracting Officer is responsible for ensuring compliance with the contract requirements.

9. LICENSING: Please confirm that the offeror must comply with FDA/Code of Federal Regulations and the states of Georgia and Alabama at the time of bid submission in order to meet the requirements of the Statement of Work in this RFQ (wholesale distribution of medical-grade oxygen with medical-grade oxygen being defined by the FDA as a prescription drug) as the bid states that the offeror must be compliant with federal, state, and local laws and regulations

Answer: Quoters must be in compliance with federal, state, and local laws as specified in the SOW.

10. Would the VA consider extending the deadline for submission of questions? Additionally, will the VA be hosting a site visit for this requirement?

Answer: The submission for questions will not be extended. Site visit verbiage has been added, including extension for quote submission deadline.

STATEMENT OF WORK

VISN 7 BULK OXYGEN REQUIREMENT

GENERAL INFORMATION

1.1 SCOPE

1.1.1 The Department of Veterans Affairs (VA) – Central Alabama VA Medical Center-Montgomery (CAVHCS), Central Alabama VA Medical Center-Tuskegee (CAVHCS-T), Joseph Maxwell Cleland Atlanta VA Medical Center (AVAMC), and Birmingham VA Medical Center (BVAMC) currently seek a contract for the distribution and supply of medical-grade liquid bulk oxygen. The current VAMCs do not own their bulk oxygen tanks, and the contractor shall provide a contractor-owned tank with an appropriate backup system. (i.e., reserve tank). This requirement will include the installation of new tanks if required.

1.1.2 The intent is to establish a base plus four (4) 1-year firm-fixed priced option(s) contract for a committed source of supply of medical-grade liquid bulk oxygen and tank rentals (Main and Reserve Tank) at locations specified below:

TABLE 1: LOCATION(S)

1.1.3 A

Contracting Officer Representative (COR) will be designated and will be the main point of contact. The COR is responsible for local contract administration issues.

2.2 BACKGROUND

2.2.1 The Department of Veterans Affairs (VA) – Central Alabama VA Medical Center-Montgomery (CAVHCS), Central Alabama VA Medical Center-Tuskegee, Joseph Maxwell Cleland Atlanta VA Medical Center, and Birmingham VA Medical Center utilize bulk oxygen for various medical treatments and procedures. To support patient care, the facility requires a dependable supplier to deliver bulk oxygen and provide tank rentals. This includes the provision, maintenance, and refilling of storage tanks.

REQUIREMENT

3.1 DELIVERABLES

3.1.1 Bulk oxygen will be delivered to the VISN facilities (As Shown in Table 1) in a timely fashion to maintain a constant supply.

3.1.2 The contractor shall deliver medical-grade liquid oxygen within the time frame specified by the facility. The time frame identified may be either the number of calendar days after receipt of the Government’s order, the specific days of the week for delivery, the specific time intervals between deliveries, a specified reorder point, or other specified ordering and delivery methods. If the time frame for contractor delivery is not identified in the facility requirements, the contractor must provide a 24-hour notice prior to delivery, or, upon mutual agreement between the facility and contractor, alternate ordering/delivery methods such as pre-scheduled deliveries, calling for tank level readings, installing a telemetry unit, etc., may be arranged. If, for any reason, the contractor is unable to deliver at the agreed-upon day or time, the contractor will provide a 24-hour notice to the COR or appointed personnel, so that the facility can initiate an alternate backup action. In accordance with the VHA Patient Safety Alert dated April 5, 2004, all deliveries must be monitored by a qualified and trained technical representative, designated by each facility. The contractor will be provided with the names and contact information of primary and back-up facility representatives. This applies to all deliveries regardless of time or day of execution.

3.1.3 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 or appointed personnel. Tanks will be filled when there is a legitimate need (i.e., down to 20% tank capacity) and not a “top off” procedure intended to empty a delivery vehicle tank, thus maximizing the government’s purchase value.

3.1.4 The anticipated estimated need for the contract in centrum cubic feet (CCF) per month of bulk liquid oxygen, per facility, is as follows:

TABLE 2: LIQUID OXYGEN ESTIMATES

YEARLY LIQUID O2 ESTIMATES (CCF)

3.1.5 The main and reserve tank sizes should be similar to the information provided in Table 2. The tanks will include an alerting device for refills, with monitoring done remotely by the contractor. This request also includes tank rental & telemetry rates for the tanks (Additional tank rental information in Section 4.1).

TABLE 3: CURRENT TANK RENTALS

Brand/Model: AirProducts Tank 1987;

Full Trycock: 285” Reorder point: 140” Refill Point: 120” Low-Level Alarm: 100” Size: 900 Gallons Brand/Model: MVE 1987;

Full Trycock: 115” Reorder point: 50” Refill Point: 40” Low-Level Alarm: 34”

Brand/Model: VCS 3000; serial #2164 Full Trycock: 140” Reorder point: 92.5” Refill Point: 32” Low-Level Alarm: 30” Size: 525 Gallons Brand/Model: VCS 525;

Full Trycock: 95” Reorder point: 75.5” Refill Point: 60” Low-Level Alarm: 34”

Brand/Model: MVE 1500Full Trycock: 140” Reorder point: 77” Refill Point: 35” Low-Level Alarm: 17” Size: 300 Gallons Brand/Model: RYAN Inc. VLS300, Full Trycock: 75” Reorder point: 42” Refill Point: 25” Low-Level Alarm: 15”

Brand/Model: Taylor Wharton TM1500;

Full Trycock: 138” Reorder point: 92.5” Refill Point: 50” Low-Level Alarm: 24” Size: 160 Liters Brand/Model: Taylor Wharton HRS160;

Full Trycock: 52” Reorder point: 50” Refill Point: 48” Low-Level Alarm: 42”

3.1.6 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 countersigned by the facility representative supervising the delivery.

3.1.7 The contractor must verify, in writing, the accuracy of all gauges on contractor-owned tanks. If the gauge(s) are government-owned, the contractor will provide, upon request after award, a written proposal with a price to verify the accuracy of the gauge(s). The Government may choose to exercise this option at its discretion.

4.1 TANK RENTAL

4.1.1 The contractor shall provide the tanks specified in Table 3. The tank system shall also include the following components:

4.1.2 Telemonitoring System that can remotely monitor bulk product levels in the primary storage vessel of the bulk O2 system. The system should continuously track bulk product levels and usage rates, providing sufficient lead time to determine the next delivery window.

4.1.3 Rental agreement shall include preventative maintenance, inspection & repair services of the oxygen tank/components up to and including the points of connection from the tank/components listed above to VA-owned utilities.

5.1 PRODUCT SPECIFICATIONS

5.1.1 All medical gases shall conform to specifications prescribed in the United States Pharmacopeia and the National Formulary. All medical gas manufacturers and fillers of medical gases shall be registered with the FDA, and all medical gases shall be manufactured, processed, packed, transported, and stored according to the FDA's Current Good Manufacturing Practice (CGMP) regulations and Title 21, Code of Federal Regulations, Parts 210, 211and201 for labeling

5.1.2 In addition, the following specifications are incorporated into the solicitation and resulting contracts:

A. Federal Specification BB-A-1034B, Air, Compressed, for Breathing Purposes, dated 27-Dec-1995.

B. Federal Specification BB-C-101B, Carbon Dioxide (CO2) Technical and USP, DATED 15-PR-1971 C. Compressed Gas Association (CGA) Publications G-7 – Compressed Air for Human Respiration, dated 8/3/03, and ANSI/CGA G-7.1 – Commodity Specification for Air, dated 12/29/07.

5.1.3 All products, equipment, and services provided under the contract awarded shall be in compliance with all applicable Federal, State, and Local regulations.

6.1 DELIVERY REQUIREMENTS

6.1.1 The delivery time is specified by the contractor & facility. The contractor shall make deliveries once a month or as needed by each facility. All deliveries must be made during normal business hours: Monday through Friday, 0700-1530 (Excluding holidays which are listed below). After every delivery, the contractor shall leave a delivery slip to include all part numbers and quantities delivered/ refilled. All transportation charges for bulk oxygen shall be charged to the prescribed CLIN. Additional charges such as delivery fees, hazardous materials fees, fuel surcharges, etc., shall NOT be billed to or collected from the facilities for orders received under this contract. Deliveries will take place at each specified facility.

6.1.2 FEDERAL HOLIDAYS OBSERVED:

Juneteenth Day

6.1.3 Emergency delivery will be provided within 24 hours after receipt of notification. The contractor must respond to the facility by either telephone or email within one hour to confirm receipt of the emergency notification and 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 the agreed delivery schedule and requirements does not constitute an “emergency” for purposes of charging an emergency delivery fee.

Note: Failure of the contractor to remain current with the agreed delivery schedule and requirement does not constitute an “emergency” for the purpose of charging an emergency delivery fee.

7.1 VEHICLE CONDITION AND MARKINGS:

7.1.1 All Contractor-owned and Subcontractor-owned vehicles shall be maintained in an operational condition. Contractor and Subcontractor Vehicles shall be clearly marked with identification.

8.1 PERIOD OF PERFORMANCE

8.1.1 The contract will be a firm-fixed price contract including a base plus 4 1-year options as specified below:

TABLE 3: PERIOD OF PERFORMANCE

PERIOD OF PERFORMANCE

9.1 TRAINING AND CERTIFICATION/LICENSE

9.1.1 Contractor will perform any requested in-service training to include the following facets for contractor-owned and government-owned systems: the refill procedure, any preventive maintenance support requirements that may be needed from the medical center systems, and an explanation of all the volume alarm and low-pressure set-points. The contractor will provide written procedures and training for VA staff for protocols to accomplish emergency shutdowns or other sudden, unplanned termination of the refilling process. The contractor will provide the name(s) and telephone number(s) of the 24/7 emergency contact.

10.1 QUALITY ASSURANCE SPECIFICATIONS AND REQUIREMENTS

10.1.1 All medical gas manufacturers and fillers of medical gases must be registered with the FDA as drug manufacturers. All oxygen shall be manufactured, processed, packed, transported, and stored according to FDA’s Current Good Manufacturing Practices (CGMP) regulations, and all labeling shall comply with FDA’s labeling regulations (21 CFR Part 201).

10.1.2 All liquid bulk oxygen delivered under the contract shall be medical-grade and shall meet or exceed the standards cited in the current edition of the United States Pharmacopoeia/National Formulary (U.S.P./N.F.).

10.1.3 A valid certificate of analysis shall be provided with each delivery of liquid oxygen. The certificate shall include, at a minimum:

that only states that the product meets the minimum purity of 99.5%, etc., is not acceptable.)

f) Test method used to perform the analysis. (A statement such as “Meets U.S.P. specifications” is not acceptable; nor would “Tested via Servomex” be acceptable since the specific model number is not Provided.)

g) Signature of authorized supplier representative and date.

10.1.4 Material Safety Data Sheets shall be provided to the facility COR or appointed personnel upon request.

10.1.5 A copy of all inspection reports shall be provided to the facility COR or appointed personnel upon the completion of any contractor-owned or government-owned bulk oxygen system inspections that are required by regulation.

10.1.6 All contractor-owned equipment shall be maintained or repaired in accordance with NFPA 50: Standard for Bulk Oxygen Systems at Consumer Sites, 2001, and the FDA’s Current Good Manufacturing Practices (CGMP) Regulations.

10.1.7 Preventive maintenance must be performed at the start of the bridge contract, and documentation should be provided to the COR or appointed personnel for record.

10.1.8 The contractor must provide written procedures and training for VA staff for protocols to accomplish emergency shutdowns.

11.1 APPLICATIONS, REGULATIONS & STANDARDS

11.1.1 The following is a list of some of the regulations and standards that apply to this contract. The list is not comprehensive, and the contractor is responsible for ensuring that all products, equipment, and services provided under the contract are in compliance with applicable Federal, state, and local regulations. If applicable, the editions in effect as of the date of this solicitation are listed. The contractor is responsible for remaining compliant with any future revisions that are effective at the time of contract performance.

· Title 21, Code of Federal Regulations, Parts 210 & 211 - CGMP regulations for supplying medical-grade oxygen.

· 29 CFR 1910.104 applies to the installation of bulk oxygen systems on industrial and institutional consumer premises

· 49 CFR – Transportation

· Federal Food, Drug, and Cosmetic Act

· NFPA 50: Standard for Bulk Oxygen Systems at Consumer Sites, 2001 Edition

· NFPA 99: Standard for Health Care Facilities, 2002 Edition

· U.S.P. 23 - Highways

· OSHA Standards

· All other applicable federal and state laws

11.1.2 Density data and volume measurement equivalents published in Compressed Gas Association Pamphlet No. P-6, titled "Standard Density Data, Atmospheric Gases and Hydrogen," shall be used when necessary to convert measurements of gases from one form to another. For example, the following conversion factor shall apply for conversion from gallons to centum cubic feet (ccf).

Calculation based on data in CGA P-6

1 ft³ liquid O2 = 860.6 ft³ gas (Table 1) 1 ft³ liquid O2 = 7.48052 gal ((Table 2)

Therefore:

7.48052 gal (1 ft³) liquid O2 = 860.6 ft³ gas

1 gal liquid O2 = 860.6 ft³ gas 7.48052

1 gal liquid O2 = 115.05 ft³ gas Or more commonly quoted as 1 gal liquid O2 = 115.1 ft³ gas (or 1.151 ccf gas)

12.1 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

12.1 The contractor will be provided with the contact information by the COR before the start date.

12.2 Performance of work under this contract shall be subject to the technical direction of the COR or a representative designated in writing. Technical direction MUST be within the scope of the SOW. The COR DOES NOT have the authority to issue technical direction that:

A. Constitutes a change of assignment or additional work outside the specification(s)/work statement B. Constitutes a change as defined in the clause entitled “Changes”;

C. In any manner cause an increase or decrease in the contract price, or the time required for contract performance;

D. Changes any of the terms, conditions, or specifications/work statement of the contract;

E. Interferes with the Contract’s right to perform under the terms and conditions of the contract;

F. Directs, supervises, or otherwise controls the actions of the Contractor’s employees.

12.3 Technical direction may be oral or in writing. The COR shall confirm oral direction in writing within three (3) workdays, with a copy to the CO.

12.4 The Contractor shall proceed promptly with technical direction issued by the COR. If, in the opinion of the Contractor, any direction of the COR, or his/her designee, falls within the limitations in (B) above, the contractor shall immediately notify the CO no later than the beginning of the next work day.

13.1 CONTRACTOR MANAGEMENT

13.1.1 Contractor shall provide a point of contact (POC) and perform continual management of the functional areas contained in this SOW. A Contractor employee shall be designated to act for the POC when work is being performed in the Contract Manager’s absence.

14.1 INVOICE REQUIREMENTS AND SUBMISSION

14.1.1 Invoice and payment – Payment to be made monthly, in arrears, upon receipt of a properly prepared invoice by the designated POC. The invoice must be itemized to include the following information:

· Time period of service

· Description of services

· Unit Cost billed

· Extended amount due

· Invoice number

· Date of service

· Contract number Invoices rendered not containing the above information are considered incomplete and will be returned for immediate correction.

14.1.2 Facsimile, e-mail, and scanned documents are unacceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods below:

The Contractor shall submit invoices electronically to the Tungsten Network website at https://portal.tungsten-network.com.

15.1 POINT OF CONTACT

15.1.1 Contractor shall provide points of contact during regular hours, after hours, and in emergencies. This information shall be provided before the start date of the contract.