36C25723Q1033_2.docx

SUBJECT*

Amarillo Bulk Oxygen/Medical Gas

GENERAL INFORMATION

NCO 17 North Texas Healthcare System Regional Procurement Office West (RPO-W) 124 E. Hwy 67, Suite 100 Duncanville TX 75137

POINT OF CONTACT*

Contract Specialist Lesley Kitchen lesley.kitchen@va.gov

PLACE OF PERFORMANCE

6010 W Amarillo Blvd

Amarillo, TX 79106

POSTAL CODE

COUNTRY

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

EMAIL DESCRIPTION

DESCRIPTION

Amendment to a Previous Combined Solicitation

Amendment to a Previous Combined Solicitation Amendment to solicitation 36C25723Q1033

Page 1 of

Amendment to a Previous Combined Solicitation

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 NUMBERE

D 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 amendmen t, 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) 7/3/2023 36C257 Department of Veterans Affairs

NCO 17

North Texas Healthcare System Regional Procurement Office West (RPO-W) 124 E. Hwy 67, Suite 100 Duncanville TX 75137 36C257

NCO 17

Department of Veterans Affairs North Texas Veterans Health Care Center 124 E. Hwy 67, Suite 100 Duncanville TX 75137

36C25723Q1033

X X X

See CONTINUATION Page X The purpose of this amendment is to:

1. Disseminate Question and Answers as shown below on the continuation page.

All other terms and conditions remain unchanged.

Page 1 of

CONTINUATION PAGE

0. ITEM 0018: Please confirm Unit of Measure for the Bulk Oxygen is Cost per 100/Compressed Cubic Feet (CCF) as the description says “BULK OXYGEN PER CCF” but “CF” in the Unit of Measure.

ANSWER: Cost is per CCF

0. Is there a specific reason the Units of Measure vary between EA & CY for Cylinder gases? For example, Item 0001 (Carbon Dioxide USP 50LBS CGA 320) is “EA,” yet Item 0002 (Carbon Dioxide USP E CGA 940) is “CY.”

ANSWER: The correct Unit of Measure is CY

1. The Bulk Tanks are GFE however there is currently no Line Item for Annual Bulk Tank Inspection in the D.1 Price Schedule. How will the VA pay for the Annual Inspection for the VA Owned Bulk Oxygen Tanks? Will the VA hire the Prime Contractor for this or will the VA address this separately with a third-party vendor annually?. The NFPA requires the owner of the tanks to ensure compliance.

ANSWER: there is no vendor requirement for the bulk O2 tank inspection.

1. Licensing (PG 33 of 94, 7.0, c.) “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.” The State of TX Department of Health Services requires the Prime Contractor (SDVOB) to be licensed as a Prescription Drug Wholesale Distributor in the State (Medical Grade Oxygen is a prescription drug), as the SDVOB is the Contract holder and, the accountable entity to the GOV. How is the GOV ensuring compliance with this? Please confirm that the Prime Contractor must be licensed to distribute Medical Gases for Human Consumption by state of TX. This is a requirement and cannot be delegated to a SUB CONTRACTOR – regardless of an NMR. The awardee is the accountable entity to the GOV, not the sub, hence, if for instance there was any contamination of Gas, it is the Prime SDVOB contractor’s responsibility. Medical Gas is classified by the FDA as a Prescription Drug (Pharmaceutical), and given the RFQ, the only unlicensed entity in the Pharmaceutical Chain of Custody, could be the Awardee/Contract holder. Additionally, the Licensing requirement is directly connected to the VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING--CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS requiring Offerors to certify in writing that they take ownership or possession of the item (on PGs 48-50 in the RFQ). Being Evaluation is LPTA, if an SDVOB Offeror is not licensed in the state of TX then they are not Technically Acceptable.

ANSWER: Licensing requirements may be met through a offerors subcontractor as supported by case law.

1. Is there any Bulk requirement at any of the CBOCs (e.g., microbulk tanks)?

ANSWER: No, there is no bulk requirement at any of the CBOCS.

1. PG 30 of 94, 5.1 Reporting Requirements: What information is required in the “detailed report of service after each product delivery?” Can the VA please provide an example? Each Delivery, whether Bulk Oxygen or Cylinders, includes providing the VA “proof of delivery” documentation notating what exactly has been delivered which is then signed for by VA personnel and delivery driver. Bulk deliveries include a Certificate of Analysis for Purity and for Cylinders the POD notates the date/deliveries/returns.

ANSWER: Bulk Oxygen delivery driver will provide “Certificate of Analysis for Purity” and Delivery Ticket with quantity of bulk oxygen delivered to be signed by VA (Logistics or Police) personnel. Ticket Delivery of Cylinders will include documentation noting quantity of full cylinders delivered and notation of quantity of empty cylinders picked up to be signed by Logistics personnel.

1. What is the GOV’s rationale for evaluating Solely on Lowest Priced Technically Acceptable for the critical function of Medical Grade Oxygen (a prescription drug) for a Veterans Hospital? Recommend Evaluating via “Best Value” to ensure the VA receives the best possible offer/service and not just to the offeror with the lowest price who meets the minimum technical requirement.

ANSWER: In accordance with FAR 15.101-2, the Government has a high degree of confidence that reviewing the technical proposals of all offerors would not result in the identification of characteristics that would provide value or benefit to the agency. Therefore, LPTA is appropriate.

1. Why is Past Performance not a separate evaluation metric? How will the evaluation team verify offerors are technically capable to meet the contract requirements with industry experience?

ANSWER: Past performance was not included as an evaluation metric. The evaluation team will determine technical acceptability based on the RFQ and this amendment.

*Past performance is not a separate evaluation factor for this procurement. Past performance will be reviewed as part of the Contracting Officer’s responsibility determination prior to contract award in accordance with FAR Part 9.104-1.

1. How is the GOV going to discern that the offeror is properly insured for NAICS 325120 – the actual requirement for this work to comply with the RFQ and not just by a dollar threshold notated on PG 35 of 94, Para 10.0? This is important because there are very few underwriters that will insure small businesses for compressed gases – hence the GOV’s can assure the offeror is be adequately covered if the Insurance Certificate lists the applicable NAICS.

ANSWER: This section is removed from the SOW / Not Applicable.

1. For Bulk Oxygen Deliveries, will the GOV allow 24 Hour delivery access to the bulk tank site? Based on the annual estimated usage of 46,145 CCF, a 1500 Gallon Tank is undersized which causes vendors to fill more frequently and with 24 hour access this allows vendors to reduce costs which in the end means better pricing for the GOV.

ANSWER: Deliver access is Monday-Friday 7:30am-5:30pm and Sat-Sun 8:00am-4:30PM

1. Will GOV allow Vendors to bid only on either Bulk Oxygen or Cylinders (i.e., a multiple award) or is it “all or none?”

ANSWER: No, this is not a multiple award contract.

1. Please confirm the Period of Performance Dates as the current POP is stated to start before the RFQ Submission date (POP Begins 1 July however RFQ submission is due 6 July).

ANSWER: Period of Performance Dates were only estimates as stated in the SOW. Period of Performance will begin when contract is awarded.

1. PG 32 of 94, Lubbock VA Clinic Annual Usage: Please confirm that the Lubbock VA Clinic annual estimates (600) 25L Dewar Fills (11 fills per week) or 600 Total Liters (24 Total Fills)? (600) annual fills for an Outpatient Clinic are highly irregular.

ANSWER: Lubbock VA ( 2 fills 25L per week).

1. How many GFE Cylinders does the VA have on its property books by CLIN? PG 25 of 94, Para b., states “An annual cylinder audit by the government will determine if the Contractor lost any government-owned medical gas cylinders and appurtenances. The Contractor shall reimburse the Government for lost or damaged government-owned medical gas cylinders and appurtenances at agreed upon rates identified on Schedule of Items.” What is the quantity metric for GFE’s for which the GOV will compare to determine if a cylinder is lost?

ANSWER: Facility will audit Monthly Cylinder Disposition Reports (MCDR) to determine whether there are lost or damaged cylinders.

2. How will the VA determine pricing for GFE replacement? There are no CLINs for Cylinder Loss of use (neither Contractor Owned nor GFE) yet PG 25 of 94 states “The contractor shall reimburse the Government for lost or damaged government-owned medical gas cylinders and appurtenances at agreed upon rates identified on Schedule of Items.”

ANSWER: Current market value

3. PG 28 of 94, 4.7 DELIVERY REQUIREMENTS: Request revision of this language as there are expectations that are not industry standard and would not be reflected on a Subcontractor’s delivery ticket.

· REMOVE: Requirements on delivery ticket to notate Contract #, Facility PO #, Delivery Order #, & # of GFE’s actively at contractor’s facility

· No subcontractor provides a Proof of Delivery (POD) that notates Contract #, Delivery Order #. Additionally, no POD is going to show the quantity of all GFE Cylinders in Possession of the contractor as there may be cylinders in Hydrostatic Testing. A POD will show exactly what cylinders are being delivered, what cylinders are being returned, and date of the delivery.

ANSWER: Delivery Requirements changed to- Delivery ticket shall include current Option year’s Purchase Order Number (PO) and total number of GFE removed from facility Per ticket.

On a monthly basis vendor shall provide a Monthly Cylinder Disposition Report (MCDR) of all cylinders in their possession to include quantity and disposition (hydro static testing, repair, et. al.)

4. Please confirm the correct service address for the Childress OPC. Va.gov states (see insert below) that this facility has moved to 2305 Avenue F, NW, Ste. 900, Childress, Texas, 79201 from the address is listed on PG 23 of 94 under 3.0 SCOPE OF WORK.

ANSWER: 2305 Avenue F is the correct new address of the clinic.

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