SF30 Answers to Contractor Questions 36C24821Q0565 0001 Signed.pdf

5. PROJECT NUMBER (if applicable)

CODE 7. ADMINISTERED BY

2. AMENDMENT/MODIFICATION NUMBER

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NUMBER 3. EFFECTIVE DATE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED

PAGE OF PAGES

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED

BPA NO. 1. CONTRACT ID CODE

FACILITY CODE CODE

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

E. IMPORTANT:

is extended,

(a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.

12. ACCOUNTING AND APPROPRIATION DATA

(REV. 11/2016)

is required to sign this document and return ___________ copies to the issuing office. is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

15C. DATE SIGNED

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER

Contractor

16C. DATE SIGNED

14. DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED STATES OF AMERICA

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER 16A. NAME AND TITLE OF CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

STANDARD FORM 30 PREVIOUS EDITION NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.243

(Type or print) (Type or print)

(Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(Number, street, county, State and ZIP Code)

(If other than Item 6)

(Specify type of modification and authority)

(such as changes in paying office, appropriation date, etc.)

(If required)

(SEE ITEM 11)

(SEE ITEM 13)

(X)

CHECK

ONE

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

(Signature of person authorized to sign) (Signature of Contracting Officer)

1 7

0001 03-10-2021

548-21-1-241-0002

None

36C248

Department of Veterans Affairs Network Contracting Office 8 (NCO 8) West Palm Beach VA Medical Center 7305 North Military Trail Palm Beach Gardens FL 33410-6400

36C248

Department of Veterans Affairs Network Contracting Office 8 (NCO 8) West Palm Beach VA Medical Center 7305 North Military Trail Palm Beach Gardens FL 33410-6400

To all Offerors/Bidders

36C24821Q0565

X

X

X 1

The Purpose of this Amendment is as Follows:

1. Remove Limitation of Subcontracting Form Requirement.

2. Provide Answers to Submitted Request for Information (RFI).

Malcolm Davis Contracting Officer

VA-VHA-2019-8891DD96

BULK OXYGEN SOLICITAITON 36C24821Q0565

QUESTIONS AND ANSWERS

1. Question: What metric is the GOV using to determine “1- hour drive?”

Page 2 of 3 of the RFQ SYNOPSIS states: (“In order to ensure uninterrupted supply of oxygen to the medical center, the contractor’s business must be physically located within a one (1) hour drive to the West Palm Beach VA Medical Center (VAMC).” This is restated in the PWS para 1.1 page 1 of 9, with underlined emphasis.

Answer: The 1- hour drive time does not apply to normal deliveries it only applies to a catastrophic failure of the bulk oxygen system. In such an event the medical center would be without oxygen. An oxygen delivery would be needed immediately to restore oxygen to the facility as our supply of portable O2 tanks is limited. This would not be used for routine orders.

2. Question: There are several dynamics that arise with a restrictive requirement/delineator for finding offerors responsive to the RFQ requirement – the first being: Only one Supplier has an Air Separation Unit (ASU) that meets this criterion, which is not the current physical provider at the VAMC West Palm Beach Facility – hence only one supplier meets this criterion – recommend removal of this requirement and adding “Emergency Delivery within 24 hours of notification – with a (2) Hour supplier telephonic response time. As a practical matter, it will take up to

(24) hours to properly dispatch, fill, and drive to the facility – to include afterhours presence for the VAMC POC to sign for the product/delivery.

“Drive time/deliverability” is not a major factor as it is factored in to the (24) hour response time,” unlike Medical Oxygen and Specialty Gas Cylinders, which are individual Gases that can response to emergencies, yet are normally a (24) Hour delivery as well. The VAMC West Palm Beach (WPB) facility is within the FEDERAL RESPONSE PLAN (ESF 8 – Medical) for Disaster response – habitually affected area for seasonal Hurricanes. This is inconsistent with requiring the nonqualifying directive of “(1) Hour Drive” from the facility, which has a very high probability of the ASU being in the affected area – the same as the Hospital” Emergency Planners would discourage this requirement, as the (1) Hour Drive requirement places the ASU at risk and having an Offeror Contingency

Plan (as part of the bid submission – as was WPB Medical Cylinders) – literally requires ASU support outside the affected area.

Answer: The intent of the 1- hour emergency delivery is for a catastrophic failure of the bulk oxygen system only. The 1- hour emergency delivery is not a requirement for routine deliveries, for a catastrophic event the medical center would be without oxygen, an oxygen delivery would be needed immediately to restore oxygen to the facility as our supply of portable O2 tanks is limited.

3. Question: Why is this not allowable during normal operations? When evaluating the viability of an ASU – the first factor is the “load” or current demand on that ASU’s Gas output, not the driving distanced measured by time.

Answer: Bulk oxygen system is required to have a remote telemetry system that will automatically place an order when the main tank gets to a predetermined level. A manual order will be submitted just prior to a hurricane as part of our Emergency Management plan

4. Question: There are three major supplier (National Firms) that have

ASUs in proximity of the WPB Facility – the (1) Hour drive time eliminates

(2) of the (3) to include the existing supplier who delivers from Orlando, FL

– applicable to Tier 1 or 2 evaluations. In sum, the GOV is giving the appearance of favoring one supplier, either Tier 1 or 2, which is NOT the current supplier – contentious and leading to RFQ Protest due to a requirement that is not common (not found at all) in VA Bulk Liquid Oxygen Solicitations. This is especially significant in that the evaluation is This is a competitive Request for Quotes (RFQ) that represents the BEST VALUE to the Government conducted under FAR Parts 12, 13 and Part 15, based upon the Best Value continuum and utilizing Lowest Price Technically Acceptable source selection process. Recommend changing the requirement to (24) Hour’s response with a Draft Contingency Plan of precisely “how” an offeror will meet the GOV requirement.

Answer: The intent of the 1-hour emergency delivery is for a catastrophic failure of the bulk oxygen system only, not regular deliveries. In such an event the medical center would be without oxygen. An oxygen delivery would be needed immediately to restore oxygen to the facility as our supply of portable O2 tanks is limited. This would not be used for routine orders

5. Question: Para 6.1 page 3 of 9 of the PWS states: Contractor shall be available to make emergency deliveries within 1 hour of notification as required or as mission dictates at no additional cost to the government.

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. Contractor will be provided with names and contact information of primary and back-up facility representatives.

This applies to all deliveries regardless of time or day of execution.

Recommend deleting this requirement for (2) reasons – respectfully, this is not a realistic requirement. First, it takes up to (24) hours to safely dispatch, fill, and deliver product to the VA under Emergency Requirements initiated by the VA. Dispatch/locating a delivery truck, Filling, cooling, Certificate of Analysis, and delivery, etc. literally takes (8) optimistically (the task itself), if a supplier was “waiting on go, given a (1) hour drive time requirement” rhetorically, the timelines are very misaligned, and the GOV requirement not sustainable. Secondly, confirm the GOV is asking a vendor to do this (24) Emergency Refill without an Emergency Delivery Fee (always a requirement)? This VAMC WPB requirement is highly irregular and unreasonable to all offerors, regardless of Evaluation Tier. Recommend a CLIN for each contract year that prices the Emergency Delivery Cost within 24 Hours, for an order placed by an authorized VA REP (COR, LOG). This monomer is reinforced in the PWS Requirements Summary on page 6 of 9.

Answer: The intent of the 1- hour emergency delivery is for a catastrophic failure, not regular deliveries of the bulk oxygen system, it does not apply to routine deliveries. In such an event the medical center would be without oxygen. An oxygen delivery would be needed immediately to restore oxygen to the facility as our supply of portable O2 tanks is limited. This would not be used for routine orders. Funding for Emergencies can be added as a separate line item in the contract. The “no additional cost” refers to charges that are not included in the contract.

6. Question: Please confirm that Para (1.1.), page 1 of 9 requires the Tier 1

Small Business Offeror to be licensed to distribute Medical Grade Oxygen in the State of Florida – i.e., the License is in the name of the Offeror/Potential Prime Contractor and NOT the subcontractor – as the Tier-1 awardee is the accountable entity to the GOV. This is addressed again in the PWS para. 10 pages 6 of 9 – 10. Qualifications: The contractor performing under this contract shall be licensed in the state of Florida and possess all required certifications and accreditations. The qualifications of contractor personnel are subject to review by the VA Chief of Staff and approval by VA Facility Director.

Answer: Bulk oxygen is intended for use in humans and is regulated as a drug by the FDA. Contactor or sub-contractor must license in the state of Florida and possess all required certifications and accreditations

7. Question: What are the ages of the 6,000-Gal Main and 1,500 Reserve?

When were they put into service?

Answer: The existing bulk oxygen tanks are leased from the current contractor. The winning contractor will be responsible for providing the bulk oxygen tanks and related equipment.

8. Question: What is the historical delivery frequency? For example (1) time per week, (3) times monthly, etc.

Answer: Consumption is approx. 708,000 cubic feet per month.

Currently we receive 2-3 deliveries per month. Contractors remote telemetry system will place the orders automatically as needed. Contractor is welcome to make additional deliveries.

9. Question: Has the historical delivery frequency/gas usages increased significantly since the Facility’s COVID 19 response?

Answer: To date COVID has had little impact on our bulk oxygen usage.

10. Question: What is the Reorder Gauge Set Point on the 6,000 Main

Tank, and what is the Low-Level Alarm Set Point on the 6,000 Main Tank?

Answers: Reorder level on main tank is 60 inches Main low- level alarm is set at 60 inches.

11. Question: When was the last annual inspection on both tanks?

Answer: Bulk oxygen system was inspected by a 3rd party in Oct 2020. The existing bulk oxygen tanks are leased from the current contractor. The winning contractor will be responsible for providing the bulk oxygen tanks and related equipment

12. Question: Has the existing Bulk Liquid Oxygen System experienced ice on the piping, and has the system required deicing in the last year? If so, how many times – the reason we ask is to gain a better understanding of the vaporizer sufficiency?

Answer: The main vaporizer has experienced icing on the first 1-2 feet. Deicing has not been an issue with the existing system.

13. Question: The PWS para 6.1 page 3 of 9 states the delivery hours

8:00 AM to 4:00 PM Answer: VHA directive 7515 requires qualified VA staff to be present during refilling operations.

14. Question: Page 7 of 9, please add a CLIN for Emergency Delivery

Fee and quantify the parameters (recommend 24 hours, common within the VA – with a 2-hour telephonic acknowledgement from the Vendor).

Answer: Concur with separate CLIN for Emergency Delivery Fee.

Would need to review the contractors proposal to address catastrophic failure of the bulk oxygen system before changing parameters.

15. Question: Recommend adding a draft contingency plan as part of

The Technical Evaluation for all Tiers.

Answer: Concur

16. Questions: How many Past Performance Questionnaires may an offeror submit – i.e., is there a minimum requirement for the RFQ?

Answer: Three Questionnairs (3).

17. Question: Does the requirement of a Florida Licensed Bulk Oxygen Contractor apply to the prime contractor or can it apply to the prime contractor's subcontractor? It can be the prime or the subcontractor.

See, e.g., Self-Powered Lighting, Ltd. v. United States, 492 F. Supp. 1267 (S.D.N.Y. 1980);

Answer: Bulk oxygen is intended for use in humans and is regulated as a

18. Question: Does the requirement of the contractor’s business must be physically located within a 1- hour drive to the West Palm Beach VA Medical Center (VAMC) apply to the prime contractor or can it apply to his subcontractor?

Answer: The intent of the 1- hour emergency delivery time requirement only applies to a catastrophic failure of the bulk oxygen system. It does not apply to regular routine delivers. The medical center would be without oxygen. An oxygen delivery would be needed immediately to restore oxygen to the facility as our supply of portable O2 tanks is limited. This would not be used for routine orders. Delivery time is the main criteria.

19. Question: If bulk oxygen is a commodity, (an Airgas oxygen molecule is equaled to a Linde oxygen molecule), and the bulk oxygen is delivered by multibillion-dollar companies using their trucks and their telemetry system, why is the Government not using a low price technically acceptable evaluation criteria?

Answer: The evaluation criteria is chosen by the Contracting Officer based on the type of requirement and the needs of the Government.

20. Question: What is the government's definition of best value evaluation considering the servicing of the Bulk Liquid Oxygen is on telemetry system and is automatically filled once the tank reaches its refill point?

Answer: Best value means the expected outcome of an acquisition that, in the Government's estimation, provides the greatest overall benefit in response to the requirement. The reference is located in FAR Part 2, Definitions.

21. Question: What is the government's evaluation criteria in a management plan considering the Bulk Oxygen is manufactured and delivered by multibillion-dollar companies who are leaders in their industry? Is this a pass/fail criterion?

Answer: Ability to consistently deliver bulk oxygen with minimal to no disruptions is main criteria. Along with Past Performance evaluations.

22. Question: Please state the statutory requirement that a reseller cannot use his subcontractor's license or please remove this requirement from the evaluation criteria. "The Contractor shall demonstrate their ability to perform and provide the delivery of medical-grade liquid bulk oxygen by supplying any/all documentation which supports their ability meet all applicable Federal and State agency rules and regulations (Federal and State), which would require that the contractor submitting an offer related to the associated solicitation possess/hold and maintain current/active licensure to provide medical-grade liquid bulk oxygen in the state of Florida. This license must be in the name of the contractor submitting the offer in response to the solicitation. This licensure would adequately demonstrate their ability to perform and provide for delivery of all liquid bulk oxygen specifically required by the West Palm Beach VAMC in accordance with the Performance Work Statement and as specified in the price schedule."

Answer: Bulk oxygen is intended for use in humans and is regulated as a

23. Question: What is the government's rationale on the limits of subcontracting form, when the bulk oxygen is purchased and resold to the government. There is no way that any reseller will receive 50% of the contract value without grossly overcharging the government. This needs to be removed from the solicitation or explained in greater detail as to the purpose of this form.

Answer: The requirement to submit a Limitation of Subcontracting Form has been removed. Contractors are not required to submit a Form with their proposals’ on Bulk Oxygen Contracts.