36C24826Q0531 0001.pdf

5. PROJECT NUMBER (if applicable)

CODE7. ADMINISTERED BY

2. AMENDMENT/MODIFICATION NUMBER

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NUMBER3. 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 CODECODE

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 04-13-2026

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 36C24826Q0531

X

X X

The purpose of this amendment to solicitation is address solicitation questions.

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: Supply Contract

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

A: Yes

3. 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 only brief language in the SOW regarding emergency, critical need, or national pandemic, which typically emergency deliveries of any capacity require response within (1) hour and delivery within (24) hours as well as an allotted CLIN to account for costs incurred.

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

4. 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 $500K per occurrence dollar amount notated on PG 5 of 71? 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 5 of 71, 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.

5. CONTRACTOR LIABILITY/INDEMNIFICATION: PG 5 of 71 (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 above 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.

6. Will the contract resulting from this solicitation include any Controlled Unclassified Information (CUI) – as it pertains to a CMMC certification for federal contractors?

A: No.

7. POTENTIAL TANK OWNERSHIP CHANGE: Is there any potential intent or eventual plans for the GOV to convert the VAMC Lake City tank system’s ownership from GOV Owned to Contractor Owned?

A: No

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?

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

9. 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?

Given that medical oxygen and other medical-grade gases are life-sustaining products regulated as prescription drugs, does the GOV 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?

Will the status of an offerors’ license (in this case, a registered wholesaler of drugs and/or devices in the state of Florida) be evaluated as a definitive responsibility criterion during the consideration of offers?

How will the GOV 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?

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

10. 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 CLIN 0001, 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).

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