Amendment 36C24726Q0296 0001.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)

02-23-2026

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

36C24726Q0296

X

SUBJECT: Amendment - 36C24726Q0296 - Medical Gases and Cylinder Rental - PURPOSE: Amendment to Solicitation Provision 52.212-1 and 52.212-2 and Publish Answers to Questions

1. Solicitation 36C24726Q0296 provisions 52.212-1 and 52.212-2 has changed. -See highlighted changes on the following pages.

2. Publish responses to questions received for solicitation.

The due date for submission(s) of quote(s) remains unchanged.

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

Leonard Robinson Contract Officer

*Change to ADDENDUM to FAR 52.212-1, Section 2:

2. Response to Evaluation Factors.

1. Factor 1 – Technical. This factor will be used to assess Quoter’s technical acceptability, supplying medical gases and cylinder rentals. Each criterion will be assessed as either "GO" or "No-Go." For this factor, the quoter must submit the following information with the quote per technical criteria:

(1) Quality and Purity Standards: Quoters must provide certification that medical gases meet industry standards and regulations (e.g., FDA, USP, ISO). Submit Certificates of Analysis (COAs) demonstrating compliance with required purity specifications.

(2) Supplier Qualification: Provide documentation of at least 2 years of related experience in supplying medical gases and cylinder rentals to healthcare facilities. Submit contract information, including: 1. the legal name of the entity with whom the Quoter held the contract; 2. the contract number; 3. Period or Performance; 4. Reference (Including the name, phone number, and email address of a person at the entity with whom the Quoter held the contract, who can verify the information the Offeror provides in the narrative description for this factor); 4. The geographic location where the Quoter supplied medical gases and cylinder rental.

(3) Cylinder Maintenance and Safety: Outline procedures for regular inspection, maintenance, and testing of cylinders. Provide evidence of compliance with OSHA safety standards. Describe cylinder tracking and management practices.

(4) Service and Support: Detail customer support services, including availability and responsiveness.

Provide information on technical support and training offered to on-site staff. Describe emergency response services available.

1. Factor 2 – Price. This factor shall be used to assess the reasonableness of the Quoter’s proposed price. For this factor, Quoter’s shall submit their Prices using the Schedule of Supplies and Price from section B.3 of this RFQ.

Prior to evaluating quotes under the non-price and price evaluation factors, the government will conduct an initial compliance review to determine whether quoters have complied strictly with all solicitation instructions. Quotes that do not strictly comply with all solicitation instructions shall be rejected and will not be evaluated under the non-price and price evaluation factors.

Quotes shall be all-inclusive and not refer or require the government to external communication mediums to supplement the quotes. To be eligible for award, the submitted quote must conform to the solicitation requirements, including all stated terms, conditions, representations, certifications, and all other information required by the submission instructions of FAR 52.212-1 and its addendum, to include proper of completion of FAR 52.209-7, FAR 52.212-3 and FAR 52.204-24 (if the Quoter’s representations in FAR 52.212-3(v)(2)(i) and (ii) require as much).

*Changes to Provision 52.212-2

(a) The Government will award a contract resulting from this solicitation to the responsible quoter whose quote conforming to the solicitation will be most advantageous to the Government, considering price and technical acceptability, as the method is deemed in the Government’s best interest to do so. The comparative analysis method will be used to assess quoters' quotes IAW RFO 12. The following factors shall be used to evaluate quotes:

(1) Factor 1 – Technical Acceptability. This factor will be used to assess whether a Quoter is technically acceptable. This is determined based on the following technical acceptability criteria:

a) Quality and Purity Standards: Quoter must provide certification that medical gases meet industry standards and regulations. Go and No-Go criteria:

Go: Certifications and Certificates of Analysis (COAs) are provided, demonstrating compliance with required purity specifications.

No-Go: Certifications and COAs are absent, incomplete, or do not demonstrate compliance with required standards.

b) Supplier Qualification: Information on at least 2 years of experience supplying medical gases and cylinder rental or related experience. Go and No-Go criteria:

Go: Documentation demonstrating the required years of experience and satisfactory information provided IAW 52.212-1

No-Go: Insufficient years of experience and/or references, including a lack of information provided as requested IAW 52.212-1.

c) Cylinder Maintenance and Safety: Outline of procedures for inspection, maintenance, testing, and compliance with OSHA standards. Go and No-Go criteria:

Go: Detailed procedures and evidence of compliance with safety standards are provided.

No-Go: Procedures are insufficiently detailed, or evidence of compliance with safety standards is lacking.

d) Service and Support: Details on customer support, technical support, and emergency services availability. Go and No-Go criteria:

Go: Clear and detailed information on support services, availability, responsiveness, and emergency services is provided.

No-Go: Information on support services is inadequate or fails to demonstrate reliable support and emergency services.

An “No-Go” assessment of any technical acceptability criteria will result in the contractor being deemed technically unacceptable.

(2) Factor 2 – Price. This factor shall be used to assess the reasonableness of the quoter quoted price.

(b) Options. The Government will evaluate quotes for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the quote's specified expiration time, the Government may accept a quote (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

Quotes submitted for this procurement will be evaluated in accordance with RFO 12 procedures (Comparative Analysis). The Government will award a contract resulting from this solicitation to the responsible quoter whose quote is considered the lowest price technically acceptable (LPTA). The Government will award a firm-fixed price contract (Base plus 2 1-year periods).

Prior to evaluating quotes under the non-price and price evaluation factors, the government will conduct an initial compliance review to determine whether quoters have complied strictly with all solicitation instructions. Quotes which do not strictly comply with all solicitation instructions shall be rejected and will not be evaluated under the non-price and price evaluation factors (End of Provision) FAILURE TO SUBMIT THE INFORMATION REQUIRED ABOVE TO SUPPORT THE QUOTER’S CLAIMED ON EXPERIENCE, CERTIFICATE, AND/OR INFORMATION MAY BE VIEWED BY THE GOVERNMENT AS EVIDENCE THAT THE QUOTER LACKS TECHNICAL CAPABILITY IN PROVIDING CONTRACTED MEDICAL GASES AND CYLINDER RENTAL WHEN EVALUATING TECHNICAL ACCEPTABILITY.

*Question and Answers

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: This requirement is considered a supply.

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

Answer: This is for FOB Destination.

3. INSURANCE REQUIREMENT: How is the GOV going to validate that offerors are properly insured for NAICS 325120/221210 prior to award – the actual requirement for this work to comply with the RFQ and not just the general dollar amounts included under “LIABILITY INSURANCE REQUIREMENTS” on PG 8 of 92? 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 during the post-award transition, 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.

Answer: The Government will retain Insurance documentation from the awardee prior to the start date.

4. PROOFS OF DELIVERY (PODs):

a. GFE CYLINDER PODs: PG 14 of 92 (Section 10.1.1) states that the delivery ticket for GFE cylinders must include “The number of cylinders at the Contractor’s facility prior to delivery.” As it is not the responsibility of the Contractor to store or track the VA’s GFE cylinders and we would not have any stored GFE cylinders at our facility prior to delivery, we request the removal of this requirement on the POD for GFE cylinders.

b.

Answer: This verbiage will not be removed as tracking all cylinders, whether rented or government-owned, is essential.

b. CONTRACTOR-OWNED CYLINDER PODs: PG 14 of 92 (Section 10.1.2) 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. All other items listed in this section would still be provided.

Answer: This verbiage will not be removed from the Statement of Work. The awardee and the CO/COR may discuss potential changes later.

5. ANNUAL AUDITS:

a. AUDIT TIMELINE: PG 16 of 92 (Section 13.1) states that “The annual cylinder inventory audit must occur for each main VA facility, within 45 calendar days of the end of an delivery period.” Please confirm if “within 45 calendar days” means before, after, or either in relation to the end of a delivery period (e.g., either 45 days before the end of a delivery period or after the end of a delivery period, totaling a 90-day window).

Answer: This refers to after the delivery period.

b. ANNUAL AUDIT CLIN: Per multiple references throughout the RFQ, annual audits are required for the HCS, 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. Given the size and complexity of the VA Atlanta HCS, an audit of just the VAMC could potentially incur multiple days as reflected in the language in para 13.2 on PG 16 of 92 “Annual cylinder inventory audits require a minimum of one day with a maximum of three days for main/large facilities.” Please note, the audit process is not completed until cylinder audit counts are provided for all (23) facilities on contract (typically the lower-volume outpatient clinics self-audit and are the ones who take the longest to provide counts). Additionally, the costs to provide this function cannot be included in the price of the gas/rentals as these are only estimates and even the RFQ states on PG 6 of 92, para 1.4, that quantities are estimates and there’s no guarantee these quantities will be purchased. “The quantities given in the solicitation are estimates only. There is no expressed or implied guarantee that these quantities will be purchased. The quantities each facility orders will vary based on its medical needs. Quantities may increase or decrease based on the volume of veterans and their medical needs.”

Answer: There will be no audit CLIN for this solicitation as there will be no charge to the Government for an audit.

6. LOSS OF USE FOR CONTRACTOR-OWNED CYLINDERS: There is language addressing Loss of Use (LOU) on 11 of 92 (Section 7.5.6) 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 in Section 7.5.6 is similar to language included in other VA RFQs for Medical Gas Cylinders; however, the language in this RFQ slightly differs in regard to when the LOU QTYs are removed from the Cylinder Rental balances (please see highlighted lines in the image below to review information not included from this RFQ for the Atlanta VA HCS). 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 contract only includes estimates and in no way obligates the Government to pay for supplies that are not provided, delivered, or indicated as being lost prior to the start of a new month. In the event that the cylinder is lost, the Government will pay for the cylinder and the month in which it was considered lost. Paying the rental fee for a lost cylinder at the start of the next month will not be acceptable.

7. MONTHLY SUMMARY REQUIREMENT: PG 11 of 92 in the RFQ (Section 7.5.4) states that “The Contractor shall provide, within five (5) business days after the end of the rental period, a monthly summary for each delivery location...” We request that this requirement be revised to allow for the submission of monthly summaries within the first (10) business days of the following month. There are required processing times for consolidating monthly summaries following a month’s end, and Contractors must ensure all Proofs of Delivery (PODs) for the previous month have become available (oftentimes these take several days to post) before they can complete that processing as the PODs are required to summarize all deliveries and returns before rental charges can be calculated. As a result, the requirement to provide a monthly summary for each location within (5) days is impractical due to the availability of the data and processing times required

Answer: Currently, this will not be revised in the solicitation, as it should be tracked daily.

8. ELECTRONIC DATA INTERCHANGE (EDI): EDI is mentioned throughout PGs 12-14 of 92 in 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 Atlanta and CBOCs requiring service have any intention of using EDI as an ordering method on the contract resulting from this solicitation?

Answer: EDI is not currently used, but it may be introduced later.

9. 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 36-40 of 92 in the RFQ)?

Answer: Both the government and the contractor have responsibilities to ensure compliance with FAR 52.212-4. The Contract Officer, Contract Officer Representative, and other legal/audit bodies ensure compliance.

10. EVALUATION: Please confirm that the Evaluation Committee’s procedures for Award Evaluation is Most Advantageous/Best Value and not Lowest Priced Technically Acceptable? The RFQ states multiple times that the Evaluation metric is Most Advantageous to include on PG 70 of 92, which states that “the Government may award to other than the lowest priced offeror if it is in the Government’s best interest to do so” yet PG 71 refers to the LPTA metric when it states, “The Government will award a contract resulting from this solicitation to the responsible quoter whose quote conforms to the solicitation will be most advantageous to the Government, and lowest price technically acceptable.”

Answer: The verbiage has been revised.

11. We recommend a “Most Advantageous/Best Value” via comparative evaluation approach to ensure the VA receives the best possible offer/service instead of just awarding to the offeror with the lowest price that meets the minimum technical requirement. Please note, there have been multiple recent RFQs for either Medical Gas Cylinders or Bulk Oxygen at a VA Medical Center where Best Value via comparative analysis was utilized.

a. Examples of Multiple recent SDVOSB Set Aside VA RFQs for either Medical Grade Bulk Oxygen or Medical Grade Cylinder Oxygen where evaluation is technical driven based on comparative analysis and not strictly which offeror is lowest that meets the bare minimum requirement.

Answer: The solicitation will remain LPTA as this is standard for supply requirements.

12. AWARD ELIGIBILITY OF SDVOSB OFFEROR:

a. To ensure uninterrupted delivery of medical-grade gases to VA medical facilities and to avoid post-award delays that could impact patient care, will the Agency 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: This will not be included in the solicitation for the supply of medical gases and cylinders. Quoters will have to provide all required documentation prior to the start date.

b. Given that medical oxygen and other medical-grade gases are life-sustaining products regulated as prescription drugs, does the Agency 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: This solicitation will not limit competition for licenses and certification. The awardee must produce all documentation prior to the start date.

b. Will the status of an offerors’ license (in this case a Wholesaler of a pharmaceutical/prescription drug in the State of Georgia) be evaluated as a definitive responsibility criterion during the consideration of offers?

Answer: No. If this is required, the awardee will have to produce prior to the start date.

d. How will the Agency 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: This is not an evaluation criterion for this solicitation. If required, the contractor must provide documentation prior to the start date.

12. LICENSING: Please confirm that the SDVOSB offeror must comply with FDA/Code of Federal Regulations and the state of Georgia regulations 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 in multiple facets that the offeror must be compliant with federal, state, and local laws and regulations. Please see the below reference information regarding compliance with the FDA, CFR, and the state of Georgia:

Answer: All quoters must be compliant with all federal, state, and local regulations and laws before the start date. If this is required, the awardee will have to produce prior to the start date.

13. Could you please confirm the current incumbent contractor, contract number, and contract period associated with Solicitation 36C24726Q0296 for VA Atlanta Healthcare System Medical Gases and Cylinder Rental?

Answer: Yes, this information can be provided since it is public knowledge:

· Contractor: RAS Enterprises LLC

· Contract: 36C24723P0017

· Period of Performance: 10-01-2022 to 03-31-2026