36C25725R0013 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 6

0001 01-06-2025

None

36C671

Department Of Veterans Affairs Network Contracting Office 17

5441 Babcock Road Ste. 302 San Antonio TX 78240

36C671

Department Of Veterans Affairs Network Contracting Office 17

5441 Babcock Road Ste. 302 San Antonio TX 78240

To all Offerors/Bidders

36C25725R0013

12-19-2024

X

X X

See CONTINUATION Page

The purpose of this amendment is to make the following revisions and post questions and answers:

1. Revise the SOW sections 4.3 and 7.1 as shown on the continuation page.

2. Make the following revisions to Attachment D.1: Revise description of line item 0004, revise size of line item 0012, revise the quantity of line item 0016, remove line item 0019 and renumber line items 0020 and 2021. All revisions apply to all option years. Attachment D.1 in this amendment is the revised copy which shall be used for pricing and submitted at time of offer.

3. See questions and answers on the continuation pages.

Shannon Hodgson Contracting Officer

CONTINUATION PAGE

Attachment:

Attachment D.1

SOW Revisions:

Section 4.3 is revised as follows:

Delivery Schedule –Facility Locations based on the addresses listed in B.2 (5).

Representatives shall be available during the hours Monday through Friday, 7:30AM- 4:30PM. It is the responsibility of the Contractor to ensure each VA Facility receives their orders on the specified delivery dates NLT 1000 noon.

Section 7.1 is revised as follows:

Contractor should make deliveries within 7 days of receipt of order. Deliveries will be made Monday through Friday between 7:30am – 4:30pm, (excluding Federal Holidays). Facility will contact contractor for emergency deliveries no more than 3 times per year.

Questions and Answers

Q1. Was there no other qualified SDVOB that submitted a Sources Sought or Market Research indicated to meet the “rule of two?”

A1. The information received through the sources sought and further market research conducted determined that the VA Rule of Two could not be met for this requirement.

The determination was to set-aside to small business.

Q2. Shouldn’t the Evaluation include VAAR 852.215-70 given this is a Total Small Business Set Aside and in accordance with PL 106-50 – shouldn’t 852.215-70 be included in the RFQ, if not why please?

A2. The prescription for VAAR 852.215-70 is:

VAAR 815.304-71 Solicitation provision and clause.

(a) The contracting officer shall insert the clause at 852.215–70, Service-Disabled

Veteran-Owned Small Business and Veteran-Owned Small Business Evaluation https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.va.gov%2Foal%2Flibrary%2Fvaar%2Fvaar852.asp%2385221570&data=05%7C02%7C%7Cb43f068aacee4343339d08dd213e7b3c%7Ce95f1b23abaf45ee821db7ab251ab3bf%7C0%7C0%7C638703274417051626%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=Bd%2B7qggkkp7x8zSf7a4Krgnl%2F7KkeWkpeZfIXtKDhlI%3D&reserved=0

Factors, in competitively negotiated solicitations and contracts that are not set aside for SDVOSBs or VOSBs.

That prescription is specific to “negotiated” solicitations and contracts (FAR Part 15 – Contracting by Negotiation). The solicitation posted is utilizing FAR Part 13 – Simplified Acquisition Procedures as stated in 52.212-2 – Evaluation of the solicitation on page 51.

Subsequently the clauses in VAAR 815 – Contracting by Negotiation do not apply to the solicitation or subsequent contract.

Q3. CLIN 0004 - AN 5% CARBON DIOXIDE/ 5% (H) HYDROGEN/ BALANCE

We will need a better description of what this product is? Is it Argon?

A3. Line item 0004 is corrected to read: AN CLIN 5% CARBON DIOXIDE/ 5% (H) HYDROGEN/ BALANCE NITROGEN, ANAEROBIC-MEDICAL MIX, 200FT3 as shown on attachment D.1 attached to this amendment. It is specifically designed for anaerobic conditions (low oxygen environments). We use it in our Pathology Lab and research departments.

Q4. CLIN 0005 - REFILL, NITROGEN, REFRIG LIQ NF

What size of DEWAR will need to be refilled?

A4. We have 50-liter DEWAR as the main and 25-liter DEWARS as the backups.

Q5. As the NAICS for this RFQ is 325210 Industrial Gas Manufacturing, please confirm whether this is a Service Contract or a Supply Contract, in which the principle tenet is distribution of Medical Gases provided to VAMCs?

A5. The contract is a supply contract.

Q6. How is the GOV going to validate that offerors are properly insured for NAICS 325120 – the actual requirement for this work to comply with the RFQ and not just the dollar value threshold? Please help us offerors understand how the GOV will confirm offerors have the correct type of Liability Insurance, (by NAICS CODE is DESCRIPTION OF WORK on the certificate) and does this need to be affirmed at the time of bid submission?

A6. Proof of insurance is not a requirement of the solicitation submission instructions.

Any insurance matter is to be resolved by the contractor and the appropriate authorities.

Additionally, whether a contractor complies with the contract's insurance requirements is a matter of administration.

Q7. With the inclusion of requirements of FAR 52.212-4, please confirm that the GOV is requiring that the Offeror must comply with all State of Texas licensing regulations (e.g., The Texas State Department of State Health Services) in regards to Wholesale/Distribution of Prescription Drugs/Cryogenic Gases for Human Consumption applicable to the Prime Contractor/Awardee and that any state-regulated compliance for distribution cannot be delegated to the subcontractor (further exemplified in the 852.219-76 Certificate of Compliance, where the offeror states in writing that they take ownership/possession of the product, which in this case Medical Grade Oxygen is classified by the FDA as a prescription drug)?

A7. The offerors shall comply with FAR clause 52.212-4 during performance of the contract. VAAR 852.219-76 is not in the solicitation as it does not apply to this requirement as a small business set-aside.

Q8. Is all applicable proof of licensure required at the time of bid submission? If not, when would proof of licensure be required to ensure compliance with FAR 52.212-4?

• If so, is the GOV affirming that a non-licensed offeror is in noncompliant/not responsible with the solicitation, and would a noncompliant offeror be considered not technically acceptable?

A8. Please refer to page 43, Volume Two – Technical section for submission requirements in regard to technical that states what is due at time of offer. Any additional items is a matter to be resolved by the contractor and the appropriate authorities. Additionally, whether a contractor complies with the contract's license and permit requirements is a matter of administration.

• Please refer to page 51, section E.10 for information on evaluation.

Q9. Please confirm that the offeror must comply with all federal, state, and local regulations required of the offeror in order to meet the requirements of the statement of work as stated in FAR 52.212-4, Contract Terms and Conditions—Commercial Products and Commercial Services (Nov 2023) on PG 18 of 71 in the RFQ. More specifically:

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.”

Is it the GOV’s position that the SDVOSB offeror must be in compliance with the Texas State Department of State Health Services Regulations at the time of bid submission based on the language provided in FAR 52.212-4?

A9. The awardee shall comply with FAR 52.212-4 in performance of the contract.

Please refer to page 43, Volume Two – Technical section for submission requirements in regard to technical that states what is due at time of offer. Please note, there is no reference specific to “SDVOSB offer” in the solicitation.

Q10. Please confirm who the GOV entity is that enforces and ensures compliance with FAR 52.212-4, Contract Terms and Conditions—Commercial Products and Commercial Services?

A10. Contract administration is the responsibility of the Contracting Officer and Contracting Officer Representative. Any issue is a matter to be resolved by the contractor and the appropriate authorities.

Q11. What is the GOV’s rationale for awarding to the lowest priced offeror that meets the bare minimum instead of what offer brings the most value for such a critical hospital function such as medical-grade oxygen (classified by the FDA as a prescription drug) for Veteran consumption?

A11. It is the Contracting Officer’s determination that LPTA is the best evaluation method for this procurement that will result in the best value for the Government.

Q12. Please verify the hours of operations as there are contradictions in the SOW. PG 6 of 71, para 4.3 states “Representatives shall be available during the hours Monday through Friday, 7:30AM- 4:30PM. It is the responsibility of the Contractor to ensure each VA Facility receives their orders on the specified delivery dates NLT 1000.” PG 7 of 71 para 7 states “Contractor should make deliveries within 7 days of receipt of order.

Deliveries will be made Monday through Friday between 7:30am – 4:30pm, excluding Federal Holidays.”

A12. Please refer to the SOW changes listed in this amendment.

Q13. In order to Account for Loss of Use, will the GOV please add an unfunded CLIN to the final contract year so that offerors are able to invoice for lost cylinders (as the result of the joint cylinder audit between offeror/GOV)?

A13. Should there be a loss of contractor owned cylinders, the contractor may submit a claim to the Contracting Officer. An unfunded line item will not be added to the final contract year at this time.

Q14. PG 9 of 71, para 9.12 states “The Government will not pay cylinder rental fees from the date of the audit.” What is the GOV’s rationale for language this as Loss of Use is not calculated or provided within the same week as the conducting of the audit? Please confirm that the GOV’s intention is provide a Purchase Order to pay for LOU at the time of the LOU quote and what is the expected time the offeror can expect for a Purchase Order to be provided? Restated, an Awardee must pay LOU to their subcontractors thus risking “footing the bill” until the GOV provides a Purchase Order.

Restated, how the vendor will arrive at payment procedurally and be reimbursed in a timely manner for any lost cylinders?

A14. Should there be a loss of contractor owned cylinders, the contractor may submit a claim to the Contracting Officer which will be handled in accordance with FAR Part 33.

Rationale for this language is to prevent rental of tanks beyond the period of performance of the contract.

Q15. The cylinder rental numbers look like annual numbers, but state monthly next to them. 9000 Walk-a-Bouts is a lot monthly. Are they annual?

A15. Attachment D.1 shows estimated annual quantities. The cylinders will be rented monthly which is why the description states monthly, however the quantity shown for each item is the estimated annual quantity.

Q16. Can we visit the locations to determine specific usage and delivery requirement?

A16. There is no site visit for this requirement. Estimated usage is stated in Attachment D.1.