SF30 - RFQ 36C24E24Q0092 - Medical Gas Supply_Amendment 0003.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)

240E

1 6

00240E

Veterans Health Administration Regional Procurement Office East Building 32 Suite 1A1111 1010 Delafield Road Pittsburgh PA 15215-1802

00240E

Veterans Health Administration Regional Procurement Office East Building 32 Suite 1A1111 1010 Delafield Road Pittsburgh PA 15215-1802

To all Offerors/Bidders

36C24E24Q0092

X

X X

X -01-

The purpose of this amendment is to provide Question and Answer for additional questions of technical nature. Quote submission extension from Friday, September 13, 2024, to no later than 11:59A EST, Friday, September 20, 2024, remains in effect, with no additional extension.

All other terms and conditions of the solicitation remain in effect.

Millicent Covert Contracting Officer

RFQ 36C24E24Q0092 – Amendment 0003 Research Support - Medical Gas Supply Questions & Answers

**Quote submission extension from Friday, September 13, 2024, to no later than 11:59A EST, Friday, September 20, 2024, remains in effect with no additional extension.**

Quotes shall be submitted via email to millicent.covert@va.gov. Offerors must reference Solicitation 36C24E24Q0092 in the subject line of the email. No telephone requests for information will be considered. Incomplete packages will be considered nonresponsive.

This amendment is to address additional questions that arose during the extension under Amendment 0001. Adding additional questions to those from Amendment 0002, released before 11:59A EST, 9/13/2024. No further questions will be accepted after this amendment (0003) is posted.

1. CASCADING EVALUATION: Page 3 of 12, is “Cascading Evaluation” the same as

FAR 819.7010 - Tiered set-aside evaluation – if not, what is fundamentally different please?

Yes. Cascading and Tiered Set-Aside Evaluations are the same thing.

2. SDVOSB SOLE SOURCE PROVISION: Given PL 106-50, if the “Rule of Two” is met, will the GOV consider an SDVOSB Sole Source Award given pricing is determined as Fair and Reasonable? This would be consistent with the VETERANS

FIRST CONTRACTING PROGRAM.

If the Rule of Two is met, that means that there is more than one SDVOSB/VOSB (or combination thereof) source; therefore, SDVOSB sole source cannot be considered.

3. The Limitations on Subcontracting clause is listed for services, whereas it should be for supplies. Since NAICS code 325120 is classified under supplies, the appropriate clause should be VAAR 852.219-76, VA Notice of Limitations on Subcontracting - Certificate of Compliance for Supplies and Products. Could you please confirm this adjustment or provide further guidance?

Yes, this should be a contract for supplies under NAICS 325120. The RFQ will be updated from that of services to supplies, which will include the correct VAAR clause.

4. What is the Award Evaluation metric in the RFQ? One was not listed. Page 11 of 12 Paragraph F3 states:

“3. If there continues to be inadequate competition between SDVOSB and VOSB concerns, the cascading will continue through the contracting order of priority in accordance with VAAR 819.7004 and FAR 19.203. If the contracting officer determines that offers from small business concerns do not meet the solicitation requirements in terms of technical acceptability, past performance, and fair market price, the small business set-aside[s] will be withdrawn, and award will be made on the basis of full and open competition.”

What is the evaluation metric: Best Value Trade off, Lowest Price Technically Acceptable, etc. Page 11 of 12, a viable mix of Technical Capability and Capacity (remember this requirement support research), to include Recent and Relevant Past Performance, and a fair and reasonable price.

The following language under “Instructions to the Offeror”, Page 10, shall be replace current language on original Combined Synopsis and Solicitation:

Instructions to the Offeror

Award will be based upon a comparative evaluation of quotes in accordance with the Simplified Acquisition Procedures of FAR 13. Comparative evaluation is the side by side pairwise comparison of quotes based on factors resulting in a Contracting Officer decision for the quote most favorable to the Government.

Comparative Evaluation of Quotes will be used, in accordance with FAR 13.106-2. The following are the decision factors:

Factor 1 - Technical Capabilities

All offerors must meet or exceed all requirements as listed in the Statement of Need/Statement of Work.

Factor 2 – Small Business Status for Socioeconomic Utilization

Factor 3 - Past Performance

Past Performance will be based on the most current CPARS Report. A lack of relevant past performance will be graded as “neutral” during evaluation.

Prime Contractors may use Subcontractor’s past performance with written subcontractor’s written authorization.

Factor 3 – Price

The following FAR provision and clauses apply to this solicitation and are incorporated by reference. The solicitation document, incorporated provision and clauses are those in effect through the Federal Acquisition Circular (FAC) 2024-05, Effective May 22, 2024. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at www.acquistion.gov. This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

FAR 52.212-1 Instructions to Offerors—Commercial FAR 52.212-2 Evaluation - Commercial Items FAR 52.212-3 Offeror Representations and Certifications** http://www.acquistion.gov/

(SAM registration is required to be complete at time of submission of response) Offerors must complete annual representations and certifications electronically via thein accordance with FAR 52.212-3, “Offerors Representations and Certifications–Commercial Products and Commercial Services.” If paragraph (j) of the provision is applicable, a written submission is required)

FAR 52.212-4 Contract Terms and Conditions FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes Or

Executive Orders—Commercial Item FAR 52.219-6 Notice of Total Small Business Set-Aside (Nov 2020) FAR 52.219-8 Utilization of Small Business Concerns (Feb 2024) FAR 52.233-3 Protest After Award (Aug 1996) FAR 52.233-2 Service of Protest

ALL QUOTERS MUST SUBMIT THE FOLLOWING TO BE CONSIDERED FOR AWARD:

• SIGNED & COMPLETED RFQ DOCUMENT ATTACHED

SECTIONS 17a with SAM Unique Entity ID (UEI)

• Signature: sections 30a-c

• COMPLETE PRICING SCHEDULE ON PAGE 12 OF ATTACHED RFQ

Additionally:

E.6 52.212-2 Evaluation – Commercial Products and Commercial Services (NOV 2021) will be amended to include evaluation factors listed above. Technical and past performance will be greater than price alone.

5. OFFEROR LICENSING TO DISTRIBUTE MEDICAL GASES (AN FDA PRESCRIPTION

DRUG) IN THE STATE OF CALIFORNIA: What specifically are the submission licensing requirements for the Prime Contractor/Offeror? There is no mention of licensing requirements in the SOW or technical submission requirements.

Common Verbiage is inclusion of FAR 52.212-4 that “The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.”

If the Contractor is the manufacturer of the medical gases being supplied under this contract, it shall provide, within ten (10) calendar days after contract award and then annually thereafter, evidence that it holds current licensing, permits, certifications, or registrations required by the FDA and the states in which this contract is performed.

If the Contractor is not the manufacturer of the medical gases being supplied under this contract, the Contractor shall provide, within ten (10) calendar days after contract award and then annually thereafter, evidence that the manufacturer(s) from which it obtains the medical grade gases provided to VA under this contract holds current licensing, permits, certifications, or registrations required by the FDA and the states in which this contract is performed. The Contractor shall also provide, within ten (10) calendar days after contract award and then annually thereafter, and upon any update to the agreement(s), an executed copy of the reseller’s agreement(s) affirmatively demonstrating that the Contractor has authorization from the manufacturer(s) to resell the medical gas(es) and to rent the medical gas cylinders that the Contractor is providing under this contract. In the event of a change in manufacturer, the Contractor shall provide notice to the VA prior to the change taking place and shall provide evidence of the new medical-grade gas manufacturer’s current licenses, permits, certifications, or registrations required by the FDA and the states in which this contract is performed. The Contractor shall also provide a copy of its signed reseller agreement with the new manufacturer demonstrating that the Contractor has authorization from the manufacturer to resell the medical gas(es) and to rent the medical gas cylinders that the Contractor intends to provide under this contract.

Throughout the term of this contract, Contractor shall maintain all federal, state, and local licenses applicable to the Contractor as well as any required FDA certifications.

6. OFFEROR GENERAL LIABILITY INSURANCE REQUIRED: There is no mention of required liability insurance in the RFQ. 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 portray to the government/evaluation committee that they have the correct type of Liability Insurance, and does this credential need to be affirmed at the time of bid submission? This is important because there are very few underwriters that will insure small businesses for 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 not included as a clause in this RFQ but is a standard inclusion across the majority of VA solicitations for NAICS 325120. In sum, how does the offeror validate to the government that they are properly ensured for NAICS 325120. Recommend requiring the Offeror provide their insurance in the bid submission to include their ACORD Certificate stating in the DESCRIPTION OF OPERATIONS, LOCATIONS, AND VEHICLES – annotate “Offeror is insured for NAICS 325120”. This is important, as there are very few Underwriters in the US who will insure Small Business Vendors for Delivery of Cryogenic gases (note, although the NAICS is a manufacturing NAICS, it carries the SBA Class Waiver for NAICS 325120. Hence, insurance and Licensing are Small Business capability and capacity delineators.

The insurance requirements at FAR 52.228-5 and RFQ Clause C.2 specify the insurance that is required during contract performance for this procurement. These are post-award contract performance requirements. FAR 52.228-5 also specifies the method the contract awardee must use to demonstrate compliance with the insurance requirements in that clause before commencing work. Subparagraph (d) of Clause C.2 on page 15 of the RFQ is DELETED in its entirety. Offerors are not required to submit proof of insurance with their quotes or prior to contract award.

FAR 52.228-5 is added into the RFQ (See Attachment - SF1449 - RFQ 36C24E24Q0092 - Medical Gas Supply_V2)

**Quote submission extension from Friday, September 13, 2024, to no later than 11:59A EST, Friday, September 20, 2024, remains in effect with no additional extension.**

Quotes shall be submitted via email to millicent.covert@va.gov. Offerors must reference Solicitation 36C24E24Q0092 in the subject line of the email. No telephone requests for information will be considered. Incomplete packages will be considered nonresponsive.