36C24826Q0245 0001.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 4

0001 02-16-2026

573-26-3-006-0029

36C248

Department of Veterans Affairs

Network Contracting Office 8 (NCO 8)

Sun Center

235 Main St. # 106

Gainesville FL 32601

36C248

To all Offerors/Bidders

36C24826Q0245

01-26-2026

X

X X

** HOUR & DATE for Receipt of Offers is EXTENDED to: 02-18-2026 4:30 PM EST

The purpose of this Amendment to solicitation is to address solicitation questions and to extend the

RFQ closing date. See Q&A below:

1. The RFQ closing date is hereby extended, see block 11 above.

Scott K. Brickey

Contracting Officer

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.

A: This requirement is deemed a supply.

2. EMERGENCY DELIVERY FEE: How does the GOV project to account for costs incurred for any Emergency Deliveries required within (24) hours that are not due to the fault of the contractor (either added CLIN or P-Card)? There is no language in the SOW regarding emergency delivery conditions or situations, which typically emergency deliveries of any capacity require response within (1) hour and delivery within (24) hours as well as an allotted CLIN.

A. Emergency Deliveries (ED) are not included under the anticipated contract.

3. FACILITY-MAINTAINED ALARM SYSTEM: PGs 6-7 of 82 in the RFQ (Contractor-Furnished

Property) states that “The offeror shall perform all hook-ups to integrate the leased equipment with the facility’s alarm system.” Please note that the industry standard is for the supplier/install technician to “assist” a VA Electrician in the hook-up (physical hook-up must be completed by a VA Electrician; supplier/install technicians cannot directly hook up the alarm system due to liability reasons). Language used in other Bulk Oxygen bids regarding this same topic includes: “The Contractor shall assist VA electricians with hooking up the facility-maintained alarm system, consistent with NFPA 55 & 99 code requirements.” We request that the sentence on PGs 6-7 of 82 requiring the contractor to perform the hook-up of equipment to the facility-maintained alarm system be replaced in the SOW with language specifying that the contractor will “assist” a VA Electrician, in accordance with industry practices.

A: The language on pages 6–7 of the RFQ accurately reflects the Government’s intent and operational needs. Therefore, no changes will be made.

4. CONTRACTOR LIABILITY/INDEMNIFICATION: PG 6 of 82 (Government-Furnished Property) states the following:

➢ Para. 2: “The Contractor shall accept responsibility for property damage resulting in whole from negligent acts or omissions by the Contractor and shall indemnify the Government for any and all loss or damage whatsoever kind and nature to any and all Government property … resulting in whole or in part from the negligent acts or omissions of Contractor, any subcontractor or any employee, agent, or representative of Contractor or subcontractor.”

➢ Para. 3: “The Contractor shall save and hold harmless and indemnify the Government against any and all liability, claims, and cost of whatsoever kind and nature … resulting in whole or in part from the negligent acts or omissions of Contractor, any subcontractor, or any employee, agent or representative of Contractor or subcontractor.”

➢ We ask for a revision of the (2) quoted excerpts above as they are nonstandard.

More specifically, we’re asking for the removal of the highlighted portion in both paragraphs. Please note:

o It is nonstandard to require a Contractor to indemnify the GOV for property damage that the Contractor is only responsible for “in part.” Please revise this statement to reflect that the Contractor will accept responsibility for property damage resulting in whole from negligent acts or omissions by the Contractor.

o It is nonstandard to require a Contractor to “save and hold harmless” and indemnify the GOV against all liability for incidents that the Contractor is only responsible for “in part.” Please revise this statement to reflect that the Contractor will save and hold harmless the GOV against liability for incidents resulting in whole from negligent acts or omissions by the Contractor.

A: The Government acknowledges the concern regarding the phrase “in whole or in part” and its impact on liability allocation. The intent of these paragraphs is to ensure the Contractor is responsible for damage or claims caused by its own negligence, not to impose liability for incidents beyond its control.

5. INSURANCE: 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 and not just the dollar amount notated on PG 6 of 82? 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. This is especially critical when considering the RFQ language regarding indemnification on PG 6 of 82, paragraphs 2 & 3. If the awardee is not adequately insured respective to 325120, this could pose a high risk to the GOV if the Contractor’s insurance provider does not cover/address the industry or means of the contract.

A: The RFQ identifies NAICS 325120 (Industrial Gas Manufacturing) as the principal code for this requirement. Responsibility for ensuring compliance with the above shall be managed under Contract Administration.

6. GOV RESPONSIBILITY TO PROVIDE COMPLIANT TANK PAD: Please confirm that the

GOV understands that it is the GOV’s responsibility to provide a compliant tank pad, which is typically stock language included in Bulk Oxygen RFQ Statements of Work.

A: The tank pads required for this contract are in place and were certified compliant at time of construction under applicable provisions.

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?

A: Responsibility for ensuring compliance with the above shall be managed under Contract

Administration.

7. AWARD ELIGIBILITY: Does the evaluation committee/entity consider an unlicensed wholesale distributor of medical-grade gases to be a responsible offeror pre-award (for example, oxygen is defined as a prescription drug by the FDA), regardless of any potential federal exemptions (state compliance requirements are still applicable)? Restated, is an unlicensed offeror in the state of Florida considered eligible for award?

A: Responsibility for ensuring compliance with the above shall be managed under Contract

Administration.

8. LICENSING/COMPLIANCE REQUIREMENT OF SDVOSB OFFEROR: Please confirm that the SDVOSB offeror must comply with state of Florida licensing 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/compressed gases where medical-grade oxygen, such as CLINs 0003 and 0007, for example, is defined by the FDA as a prescription drug) as the bid states multiple times that the offeror must be compliant with federal, state, and local regulations to include licensing, regardless of any potential federal exemptions (offeror must still be compliant with State of FL).

PG 9 of 82 (Applicable Regulations & Standards): “…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.”

PG 27 of 82 (FAR 52.212-4, para. (q)): “Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.”

PGs 41-43 of 82 (VAAR 852.219-76, VA Notice of Limitations on Subcontracting –

Certificate of Compliance for Supplies and Products): As a requirement for submission, offeror must affirm in writing to validate that “The offeror certifies that it will take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice.”

A: Responsibility for ensuring compliance with the above shall be managed under Contract

Administration.

9. Does the Government acknowledge that federal statutes enacted pursuant to the U.S.

Constitution are part of the “supreme Law of the Land” and that federal agencies must comply with them in administering this solicitation; and, accordingly, will the Government apply the definition of “wholesale distribution” in 21 U.S.C. § 353(e)(4)—including the exclusions in § 353(e)(4)(B), (G), and (Q)—so that (as already determined by the VA and the

SBA), any of the following: (1) distribution among hospitals or other health-care entities under common control, (2) a hospital’s purchase or acquisition of a drug for its own use, and

(3) distribution of medical gas (as defined at 21 U.S.C. § 360ddd) are not treated as

“wholesale distribution” and therefore do not require a wholesale drug distributor (WDD) license?

A: Responsibility for ensuring compliance with the above shall be managed under Contract

Administration