36C25725R0085 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 11

0001 09-18-2025 None

36C257

Department Of Veterans Affairs Network Contracting Office 17

5441 Babcock Road Ste. 302 San Antonio TX 78240

36C257

Department Of Veterans Affairs Network Contracting Office 17

5441 Babcock Road Ste. 302 San Antonio TX 78240

To all Offerors/Bidders 36C25725R0085

09-12-2025 X

X X

** HOUR & DATE for Receipt of Offers is EXTENDED to: 09-24-2025 11:00AM CDT

See CONTINUATION Page

The purpose of this amendment is to:

1. Extend the solicitation close date from 09/22/25 by 10:00AM CST to 09/24/25 by 11:00AM CDT.

2. Disseminate question and answers. Please see the continuation page below.

3. Update the Point of Contact in Section B.1-1,b., CONTRACT ADMINISTRATION DATA. Please see the continuation page below.

4. Add clause FAR 52.228-5, INSURANCE-WORK ON A GOVERNMENT INSTALLATION to the solicitation. Please see the continuation page below.

5. Add CL-120, SUPPLEMENTAL INSURANCE REQUIREMENTS to the solicitation. Please see the continuation page below.

6. Provide a revised copy of the Statement of Work. Please see the attachment, revised items highlighted.

7. Provide a revised copy of Attachment D.1, Gases and Cylinder Price List. Please see the attachment.

Shannon Hodgson Contracting Officer

CONTINUATION PAGE

Questions and Answers

1. TYPE OF CONTRACT: As the NAICS for this RFQ is 325210 Industrial Gas Manufacturing, please confirm whether this is a Service Contract or a Supply Contract.

ANSWER: This is a Supply Contract.

2. NON-MANUFACTURER RULE FOR NAICS 325120. Can the GOV explain how the NMR applies to this medical cylinder contract, specifically? We understand the manufacturing requirement is satisfied by the NMR, but what is the responsibility of the offeror aside from manufacturing? What contract tasks/requirements is the small business expected to accomplish under this set-aside opportunity in regards to PG 6 of 74 (Section 1.2.1), which states “The Contractor shall maintain one-hundred percent accountability of all Medical Gas cylinders in the contractors possession while transporting, receiving, delivering, handling, and servicing for all facilities located within CTVHCS”? Will the GOV provide insight into the performance expectations in that the NMR satisfies the manufacturing aspect? Please note that distribution and Contract Management are overarching tasks, which is why we presume the GOV is asking for both Prime/SUB Agreements/Teaming Arrangements, as well as an Authorization Letter from the manufacturer confirming to the Contracting Authority that the small business is authorized to resell the Manufacturer’s Gas. Can the GOV provide a brief outline of what the small business is required to do to meet the GOV’s requirements?

ANSWER: Clause 52.219-33 does not apply due to the Class Waiver for NAICS 325120.

3. FOB DESTINATION: Please confirm that the contract resulting from this solicitation will be FOB Destination, whereas the awardee is responsible for the product being delivered to the facility.

ANWER: All deliveries shall be FOB Destination.

4. CYLINDER ACCOUNTABILITY: PG 6 of 74 (Section 1.2.1) states that “The Contractor shall maintain one-hundred percent accountability of all Medical Gas cylinders in the contractor’s possession while transporting, receiving, delivering, handling, and servicing for all facilities located within CTVHCS.” Will the GOV please clarify what “servicing” is referencing in the context of the quoted excerpt, especially considering the supply functions are already accounted for (e.g., transporting, receiving, delivering, and handling)? Please provide more information on how cylinder accountability should be maintained during “servicing.”

ANSWER: This section is revised in the SOW.

5. DELIVERY PROCEDURES:

POINT-OF-USE DELIVERIES INTERNAL TO EACH FACILITY:

o Is it the requirement of this RFQ to provide point-of-use deliveries to multiple points internal to each facility and not to a centralized delivery point (e.g., loading/receiving dock), which is industry standard? Or are the departments listed in Section 5 simply an account of all departments that require gas supply and the awardee will deliver only to a centralized delivery point, with cylinder distribution throughout the hospital performed by VA personnel?

o If each facility (especially the VAMCs or larger clinics) require point-of-use deliveries internal to each facility, will the GOV please allow a delivery fee CLIN as this is highly irregular and nonstandard within the industry and is a labor-intensive requirement (higher costs and requires extensive driver time on site when they still have other deliveries to make)? Will the GOV also sign a release of liability and agree to indemnify RAS and its subcontractor as requiring a delivery driver to make deliveries that may involve interaction with patients carries a great deal of risk, especially if not allotted a delivery fee?

ANSWER: The delivery fee is included in the price of the gas and rental of the cylinders.

ANSWER: The GOV will not sign a release of liability as risk is an insurance issue.

STANDARD DELIVERIES: PG 9 of 74 (Section 7.1) states that the “Contractor must make deliveries no later than (2) Business days after receipt of order...” Will the GOV allow the awardee to negotiate a delivery schedule with the HCS as each outlying Clinic historically may have a different delivery schedule than the VAMC based on pre-established truck delivery routes and frequency of need?

ANSWER: This is revised in the SOW.

POD REQUIREMENT FOR CONTRACTOR-OWNED CYLINDERS: PG 10 of 74 (Section 7.10) states that delivery ticket for contractor-owned cylinders must include “Contract Number, Facility PO Number, or Delivery Order number.” Because this is an SDVOSB set-aside opportunity, the SDVOSB Prime Contractor will subcontract delivery of the medical gases to a manufacturer; as a result, the Proofs of Delivery (PODs) provided on site by the manufacturer will not contain any contract-specific information such as the contract number or PO number (though all PODs will include an itemized list of gas types/quantities that are picked up and delivered). Will the GOV please remove or revise the requirement to include contract-specific information on PODs as it is nonstandard when the contract is between the VA and the SDVOSB Prime Contractor?

ANSWER: The set-aside for this requirement is small business. Each delivery made must have a delivery slip with the required information for receiving.

DELIVERY REQUIREMENT BY 12 PM CT FOR ALL FACILITIES: There is a contradiction in the delivery window on PG 7 of 74. Para 4.3 states that “It is the responsibility of the Contractor to ensure each VA Facility Clinic receives their orders on the specified delivery dates NLT noon” yet para 4.4 states “Delivery Schedule: Representatives shall be available during the hours of Monday through Friday, 7:30am – 4:30pm.” Will the GOV please allow offerors to deliver between 7:30 AM-4:30 PM as requiring delivery prior to Noon CT for every facility on contract is highly irregular and will cause bid costs/pricing to inflate grossly?

ANSWER: Revised in the SOW.

6. TECHNICIAN REQUIREMENT: Please confirm if the “technician” mentioned several times in the RFQ is referring to the delivery driver? Please note, a delivery driver is not a “technician.”

Technicians are found at the delivery branch and fill plant.

ANSWER: The Technician mentioned is the delivery driver. The delivery driver should meet any certification requirements to handle medical gases.

7. ATTACHMENT D.1 PRICE LIST:

FILL CLIN FOR DIGITAL INTEGRATED VALVE OXYGEN E CYLINDER: How does the GOV want offerors to account for Fills of Digital Integrated Valve Oxygen Size E as there is currently only a fill CLIN for the non-digital version (CLIN 0001)? Note, there are (2) Rental CLINs for the digital version (00017 & 0020) and (1) Rental CLIN for the non-digital version (0018).

ANSWER: Please see the revised Attachment D.1.

LIQUID NITROGEN DEWAR FILLS: For CLINs 0005, 0006, & 0007, please confirm if the GOV wants a per liter rate or a per full dewar fill rate as the Estimated QTYs are not consistent with a “per liter” rate but with a “full fill?” For example, CLIN 0007 is for Refill of a 20 Liter Dewar, yet the Estimated QTY is only (24) liters? This does not make sense as by pricing this CLIN per liter only funds (1.2) total 20 Liter Dewar Fills for the entire year. We believe the correct Unit should reflect a full fill which means this line item is funded for (24) 20 Liter Dewars fills over the year. If the GOV does in fact want a per liter rate, then the QTY needs to be a QTY divisible by (20).

ANSWER: Please see the revised Attachment D.1.

CLIN 00013 LUNG DIFFUSION: What is the mix % of this gas as it is not provided?

ANSWER: Please see the revised Attachment D.1.

DIGITAL INTEGRATED VALVE CYLINDER – POTENTIAL MONTHLY RENTAL

DUPLICATE: CLIN 0017 in the Price List is for the monthly rental of a digital integrated valve E cylinder and CLIN 0020 is for the monthly rental of the Intelliox, an Airgas-specific brand of digital integrated valve cylinder. Please confirm whether CLIN 0017 and CLIN 0020 are duplicates. If not, what is the difference between them?

CLIN 0021 – 10% YEARLY INCREASE: What does this CLIN represent and how are offerors to price this?

GOV OWNED CYLINDERS: Which CLINs are for GOV OWNED/GFE Cylinders, which facilities utilize them, and how many of each (by CLIN) does the VA own on their property books?

ANSWER: The Government owns the Dewars.

8. DIGITAL INTEGRAVED VALVE OXYGEN E CYLINDER vs. NON-DIGITAL INTEGRATED VALVE OXYGEN SIZE E CYLINDERS: Which facility or facilities require the Digital Integrated Valve Oxygen E Cylinder (Rental CLINs 0017 & 0020), and which will be using the non-digital version (Rental CLIN 0018)?

ANSWER: All facilities will be using digital and non-digital versions.

9. TECHNICAL SUBMISSION REQUIREMENTS: PG 48 of 74 in the RFQ (VOL 2 -Technical) states that “In the event that the vendor is not the manufacturer, the vendor must provide a draft agreement between the vendor and the manufacturer of the medical grade gases that will be supplied under the contract affirmatively demonstrating that the vendor will be authorized by the manufacturer to resell the manufacturer’s medical grade gases.” Immediately following that statement, the same paragraph says that “The vendor must also provide an Authorized Distributor Letter from the OEM.” Please clarify why a copy of an agreement between the vendor and manufacturer (which includes terms, conditions, and authorization to sell the manufacturer’s medical-grade gases) AND an Authorized Distributor Letter are both being requested. The contract will be with a Small Business Prime Contractor, and the agreements between the Prime and their subcontractor are what binds them. The Prime shouldn’t require a letter from the SUB if we are providing the actual agreements as the Authorized Distributor Letter is redundant if agreements are provided, which is the standard provision for demonstrating authorization to resell a manufacturer’s products. Please confirm that if an offeror provides a signed and authorized Medical Gas Agreement between both parties (not a draft), that the Authorized Distributor Letter will not be required.

ANSWER: Both documents are required

10. INSURANCE REQUIREMENTS: There is no mention of required liability insurance in the Solicitation. 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 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.

ANSWER: Clause 52.228-5 is added to the solicitation. 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.

11. EVALUATION: PGs 55-56 of 74 in the RFQ (Evaluation Provision 52.212-2) states that the evaluation method will be lowest price technically acceptable. What is the GOV’s rationale for evaluating on a LPTA basis in awarding work as critical as the distribution of medical-grade oxygen, a prescription drug, to a veterans’ hospital? How will the GOV deem an offeror is technically acceptable without the requirement of past performance submission requirements as an evaluation factor? We recommend a “Best Value” evaluation approach to ensure the VA receives the best possible offer/service instead of just awarding to the offeror with the lowest price that meets the minimum technical requirement.

ANSWER: 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.

12. VETERAN EVALUATION PREFERENCES: As this opportunity is a Total Small Business set-aside, will the GOV please confirm that the evaluation method will include VAAR 852.215-70, in accordance with PL 106-50? Will the GOV please confirm why VAAR 852.215-70 has not been included in the RFQ?

ANSWER: The Government is not utilizing FAR PART 15.

13. LOSS OF USE OF CONTRACTOR-OWNED CYLINDERS: What are the procedures to account for Loss of Use (LOU) costs for Contractor-Owned cylinders lost while in the VA’s possession?

While there is provided language on PGs 12-13 of 74 (Section 9.12) specifying that the GOV will pay for LOU, there is no language detailing HOW the GOV will ensure payment is provided (e.g., paid for via separate purchase order?). Additionally, there is no CLIN provided for offerors to account for these costs. Restated, how the vendor will arrive at payment procedurally and be reimbursed in a timely manner for any lost cylinders? Please note, the only way to determine Loss of Use is through a joint audit between the VA and Prime Contractor to compare what is physically on hand at the facility.

To protect Contractors who must front these charges with their suppliers in order to continue delivering medical gases, to ensure compliance with the Prompt Payment Act, and to establish accountability procedures for the VA, we recommend including the current LOU verbiage from the VISNs 9/10 Medical Cylinders Contract that does address payment procedures (36C77623D0910):

NOTE: Just-in-Time invoicing and annual audits are not included in this RFQ for the Central TX VA HCS; the above image is simply an example of the LOU PO language previously recommended to the VA. Please also note that if the Central TX VA HCS requires annual audits, there is a cost associated with providing this service.

ANSWER: 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.

14. AWARD ELIGIBILITY: Does the evaluation committee/entity consider an unlicensed SDVOSB distributor of medical-grade gases (oxygen is a prescription drug) to be a responsible offeror pre-award? If so, how will the Contracting Authority ensure compliance to ensure that an unlicensed offeror will not deliver medical gases to the VAMC post-award until they are properly licensed in the state of Texas? Restated, is an unlicensed SDVOSB offeror considered eligible for award? Recent GAO protests have stated that licensing is a contract administrative function, so how is the GOV enforcing contract administrative functions such as ensuring the awardee is compliant with federal regulations?

ANSWER: Administrative functions are a matter to be resolved by the contractor and the appropriate authorities. Additionally, whether a contractor complies with the contract's license requirements is a matter of contract administration.

15. 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 (PGs 18-24 of 74 in the RFQ)?

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

16. LICENSING: Please confirm that the SDVOSB offeror must comply with the FDA/Code of Federal Regulations prior to first delivery to meet the requirements of the Statement of Work in the contract that will result from this solicitation (wholesale distribution of medical-grade oxygen/compressed gases where medical-grade oxygen is defined by the FDA as a prescription drug). The bid states multiple times that the offeror must be compliant with federal, state, and local regulations, and licensing for wholesale distributors of prescription drugs (e.g., medical-grade oxygen) is a highly regulated compliance requirement with the FDA, CFR, and the state of Texas. Please see the RFQ excerpts and reference information below:

PG 6 of 74 (Section 2.3 – Product Specifications):

• All products, equipment, and services provided under this solicitation and contract award shall be in compliance with all applicable Federal, state, and local regulations.”

PG 22 of 74 (FAR 52.212-4 – para. q):

• “(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.”

PG 28 of 74 (VAAR 852.223-71 – para. a):

• “To help ensure the protection of the life and health of all persons, and to help prevent damage to property, the Contractor shall comply with all Federal, State, and local laws and regulations applicable to the work being performed under this contract. These laws are implemented or enforced by the Environmental Protection Agency (EPA), Occupational Safety and Health Administration (OSHA) and other regulatory/enforcement agencies at the Federal, State, and local levels.”

ANSWER: This is not an SDVOSB set-aside. Awardee shall comply with FAR 52.212-4 and requirements of the statement of work in performance of the contract.

Will the GOV consider requiring all bidders to submit both their home state (as applicable) and their state of Texas wholesale distributors licenses with their bid, so that the offeror can lawfully begin performing the contract on the date required by the award and NOT relegate the GOV to wait for an unlicensed awardee to begin contract work until they are licensed (a lengthy process).

• Please see recent examples of where licensing was required of the Prime Contractor in VA-solicited opportunities:

o RFQ 36C26024Q0953, (PG 6 of 65 – VISN 20, BULK OXYGEN):

o RFQ 36C25525Q0175 (AMEND 0002, UPDATED SOW – VA POPLAR

BLUFF HCS, MED CYLS):

o RFQ 36C24825Q0861 (PGs 11-12 of 65 – VA ORLANDO HCS, BULK

OXYGEN):

“The Contractor submitting an offer as a supplier of medical grade oxygen must provide Food and Drug Administration (FDA) Labeler Code and FDA Federal Establishment Identification number. Any distributors of medical oxygen must provide a Medical Gas Wholesaler Permit number. Contractor shall operate in compliance with applicable Federal, state, and local regulations.”

ANSWER: The solicitation instructions contain all information regarding what is required to be submitted at time of quote submission.

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

b. GOVERNMENT: Contracting Officer, 36C257 Shannon Hodgson Shannon.hodgson@va.gov 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

Contract Specialist, 36C257 Dayna Cantu dayna.cantu@va.gov Department of Veterans Affairs NCO 17 Contracting Office Regional Procurement Office West (RPO-W) 5441 Babcock Road Ste. 302 San Antonio, TX 78240

Point of Contact (POC), 36C674 Rondal Grace Supervisory Acquisition Utilization Specialist Rondal.Grace@va.gov Department of Veterans Affairs 1901 Veteran Memorial Temple, TX 76504 mailto:Shannon.hodgson@va.gov mailto:dayna.cantu@va.gov mailto:Rondal.Grace@va.gov

A.1 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN

1997)

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective—

(1) For such period as the laws of the State in which this contract is to be performed prescribe;

or

(2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

(End of Clause)

CL-120 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers’ liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Clause)

See attached document: STATEMENT OF WORK REVISED AMENDMENT 0001.

See attached document: ATTACHMENT D.1 - GASES AND CYLINDERS PRICE LIST -

REVISED.