36C25522R0100 0005.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)

ACHECK

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 5

0005 02-13-2023 None

36C255

Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway

Leavenworth KS 66048

36C255

Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway

Leavenworth KS 66048

To all Offerors/Bidders

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBER10A MODIFICATION OF CONTRACT/ORDER NUMBER

36C25522R0100

02-13-2023 X

X X

____1

NLT 2:00 PM Central, February 28, 2023

X ___________ co1

VISN 15 Home Oxygen Services

This amendment reflects the following:

1. Delete VAAR clause 852.219-77 and add VAAR clause 852.219-75 in Section C.

2. Provide answers to vendor questions.

Denise Maynard Contracting Officer

DENISE MAYNARD Digitally signed by DENISE MAYNARD Date: 2023.02.13 13:08:32 -06'00'

CONTINUATION PAGE

1. Question:

FAR Part 15 Procedures

The solicitation states:

“A. Offers submitted for this procurement will be evaluated using FAR Part 15 procedures.”

According to FAR Part 15:

“15.206 Amending the solicitation.

(a) When, either before or after receipt of proposals, the Government changes its requirements or terms and conditions, the contracting officer shall amend the solicitation.

(b) Amendments issued before the established time and date for receipt of proposals shall be issued to all parties receiving the solicitation.

(c) Amendments issued after the established time and date for receipt of proposals shall be issued to all offerors that have not been eliminated from the competition.”

Amendment #4 was issued more than 2 Months after the established time and date for receipt of proposals, therefore, Amendment #4 only applies to those offerors that had submitted a timely proposal before the original due date of November 14, 2022 and that have not been eliminated from the competition. In other words, if a company did not submit a timely proposal before November 14, 2022, any proposal they submit now will not be evaluated. Please clarify that the VA will only entertain Amendment #4 responses from offerors that submitted a timely proposal before November 14, 2022 and that have not been eliminated from the competition.

Answer:

I appreciate your message and your concerns are noted.

We look forward to receiving your response to the RFP amendment, if your company is still interested in proving us a solution.

2. Question:

If we already submitted a timely proposal prior to November 14, 2022, do we need to submit an entirely new proposal in response to Amendment #4? Or do we simply need to acknowledge Amendment #4 and provide an updated price schedule?

Answer:

RFP 36C25522R0100 0004, SF 30, 13. E. states that the “Contractor is required to sign this document and return 1 copies to the issuing office.”

As we already have received your initial proposal, only changes to the initial RFP need to be submitted.

These are to be submitted NLT 2:00 PM Central, 28 February 2023.

3. Question:

When asking about the NAICS code designation in October, 2022, we were provided the following answer in Amendment #1:

“When the contracting officer was conducting market research, he consulted with the office Small Business Liaison concerning which NAICS code to use; 532283 or 621610. After discussion and additional higher-level reviews to include legal counsel, it was determined that NAICS code 621610 is the appropriate NAICS code to use for this procurement.”

Now, Amendment #4 is changing the NAICS code from 621610 to 532283. Why is this change now being made? If legal counsel determined 621610 is the appropriate NAICS code, why make this change?

Answer:

The reason for the change is the former NAICS code size is too restrictive for a VISN wide procurement. The recent passage of the Promise to Address Comprehensive Toxics (PACT) Act, the need for home oxygen services is expected to increase.

4. Question:

NAICS code 532283.

Now that the NAICS code is changed to 532283, does this affect the applicability of VAAR 852.219-77 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING? If so, please explain.

Is NAICS code 532283 considered a service or a supply NAICS code?

Answer:

In a recent review we found VAAR 852.219-77 is no longer included in the VAAR. An amendment will be issued deleting 852.219-77 and adding 852.219-75 VA Notice of Limitations on Subcontracting—Certificate of Compliance for Services and Construction. VAAR 852.21-77, (a)(1)(i): Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-73 or VOSBs as set forth in 852.219-74. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6.

The former NAICS code size is too restrictive for a VISN wide procurement. The recent passage of the Promise to Address Comprehensive Toxics (PACT) Act, the need for home oxygen services is expected to increase. Using NAICS 532283 and FSC Q201 makes this a service procurement.

5. Question:

52.212-2 Addendum – Proposal Instructions

I see that Amendment #4 deleted Maximum Total Contract Amount. What is the new Maximum Total Contract Amount?

Answer:

The maximum amount is not required as that information can be found within clause 52.216-19 (b), Order Limitations.

6. Question:

a. B.3- Price Schedule for each of the ordering periods and b. The attached spreadsheet RFP Home Oxygen Schedule 1-11-2023 are the same thing, right? I ask because they are listed as 2 separate items to be provided in Volume Two (2): Price. This is also mentioned: “Pricing information shall be provided and include Section B.3- Price Schedule and the corresponding spreadsheet.” Please clarify.

Answer:

I can’t find that B.2 Price Schedule and the spreadsheet RFP Home Oxygen Schedule 1-11- 2023 are both required. B.3 PRICE/COST SCHEDULE is the spreadsheet RFP Home Oxygen Schedule 1-11-2023.

Volume Two (2)-Price is as below:

Volume Two (2)-Price:

Offerors shall complete the attached spreadsheet RFP Home Oxygen Schedule 10-13- 2022. This factor shall be used to assess the reasonableness of the Offeror’s proposed price.

Minimum Submission Requirements in order to be considered for award, the offeror is required to submit, at a minimum, the following:

1. Signed SF-1449.

2. Signed Amendment(s) SF-30, if any.

3. Volume One (1): Experience

4. Volume Two (2): Price. Which includes:

The attached spreadsheet RFP Home Oxygen Schedule 10-13-2022.

Other material submissions

The offeror is required to submit a copy of the RFP response via email. RFP response shall be named 36C255-22-R-0100: VISN 15 Home Oxygen [Vendor Name]. Pricing information shall be provided to include the corresponding spreadsheet. The pricing document shall be named VISN 15 Home Oxygen [Vendor Name] Price

VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND

COMPLIANCE (JUL 2018)

(a) This solicitation includes the clause: 852.215-70 Service-disabled veteran-owned and veteran-owned small business evaluation factors. Accordingly, any contract resulting from this solicitation will include the clause 852.215-71 Evaluation factor commitments.

(b) The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) to assist in assessing Contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the Contractor's business records or other proprietary data to review such business records regarding contract compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor compliance with the subcontracting commitments.

(End of Clause)