Final Updated Combine Synopsis-Solicitation RMR Bulk Oxygen 18 NOV 2022.docx

Request for Quote (RFQ) #: 36C25922Q0435 Bulk Oxygen Delivery and Tank Rental for Rocky Mountain Regional VA Medical Center

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The Government reserves the right to make no award from this solicitation.

** Quotes are to be provided to jesse.sannicolas@va.gov no later than 6:00pm ET, December 16, 2022.

Quotes shall not be hand carried. Faxed quotes shall not be accepted. Emailed quotes are the only method of submitted quotes (20MB per email system limit). The Government reserves the right to make award solely on initial Quotes received. Offerors bear the burden of ensuring that all portions of the offer (and any authorized amendments) reach the designated office before the deadline specified in the solicitation. This RFQ shall be completed in its entirety, and signed and dated, failure may not be considered for award.

(ii) This is a Request for Quote (RFQ) and the solicitation number is 36C25922Q0435. The government anticipates awarding a firm-fixed price contract resulting from this solicitation.

(iii) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2022-08 effective October 28, 2022.

(iv) The North American Industrial Classification System (NAICS) code for this procurement is 325120 with a small business size standard of 1,000 Employees. This solicitation is a 100% set-aside for Service Disabled Veteran Owned Small Business (SDVOSB).

(v) List of Line Items;

Bulk Oxygen Tank Rental Includes Telemetry Fee

Bulk Liquid Oxygen RMR usage for each year is estimated at 5,093,145 SCF (50,931.45 CCF)

Emergency Delivery Fee per occurrence is $__________

Delivery and Installation

Bulk Oxygen Tank Rental Includes Telemetry Fee

Bulk Liquid Oxygen RMR usage for each year is estimated at 5,093,145 SCF (50,931.45 CCF)

Emergency Delivery Fee per occurrence is $__________

Bulk Oxygen Tank Rental Includes Telemetry Fee

Bulk Liquid Oxygen RMR usage for each year is estimated at 5,093,145 SCF (50,931.45 CCF)

Emergency Delivery Fee per occurrence is $__________

Bulk Oxygen Tank Rental Includes Telemetry Fee

Bulk Liquid Oxygen RMR usage for each year is estimated at 5,093,145 SCF (50,931.45 CCF)

Emergency Delivery Fee per occurrence is $__________

Bulk Oxygen Tank Rental Includes Telemetry Fee

Bulk Liquid Oxygen RMR usage for each year is estimated at 5,093,145 SCF (50,931.45 CCF)

Emergency Delivery Fee per occurrence is $__________

Removal of Tank

(vi) Description of Requirements for the items to be acquired: Bulk Oxygen Delivery and Tank Rental in accordance with “Final Updated Bulk Oxygen SOW 18 NOV 2022”.

(vii) Delivery and acceptance is to be F.O.B Destination (FAR 52.247-34) at the Rocky Mountain Regional VA Medical Center, located at 1700 N. Wheeling Street, Aurora, Colorado 80045

(viii) 52.212-1, Instructions to Offerors--Commercial Items applies to this acquisition

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

(a) Gray market items are Original Equipment Manufacturer’s (OEM) goods sold through unauthorized channels in direct competition with authorized distributors. This procurement is for new OEM medical supplies, medical equipment and/or services contracts for maintenance of medical equipment (i.e. replacement parts) for VA Medical Centers. No remanufactures or gray market items will be acceptable.

(b) Offeror shall be an OEM, authorized dealer, authorized distributor or authorized reseller for the proposed medical supplies, medical equipment and/or services contracts for maintenance of medical equipment (i.e. replacement parts), verified by an authorization letter or other documents from the OEM, such that the OEM’s warranty and service are provided and maintained by the OEM. All software licensing, warranty and service associated with the medical supplies, medical equipment and/or services contracts for maintenance of medical equipment shall be in accordance with the OEM terms and conditions.

(c) The delivery of gray market items to the VA in the fulfillment of an order/award constitutes a breach of contract. Accordingly, the VA reserves the right enforce any of its contractual remedies. This includes termination of the contract or, solely at the VA’s election, allowing the Vendor to replace, at no cost to the Government, any remanufactured or gray market item(s) delivered to a VA medical facility upon discovery of such items.

(d) Any award made as a result of this solicitation will be made on an All or Nothing Basis.

(e) State if quoted items are available and priced through offerors existing Government-wide Acquisition Contract (GWAC), GSA Multiple Award Schedule (MAS) contract, or VA-wide Acquisition Contract.

(f) If the acquisition is set-aside for SDVOSBs/VOSBs, their socioeconomic status must be VIP verified and visible in the VA Vendor Information Pages (VIP): https://www.vip.vetbiz.gov/ at the time of quote submission AND award, or will be considered non-responsive, and will NOT be considered for award.

(g) Offerors are warned against contacting any VA personnel other than the Contracting Officer and Contract Specialist prior to placement of any award made resulting from this RFQ. If such contact occurs and found to be prejudicial to competing contactors, the offeror making such contact may be excluded from award considerations.

(h) All proprietary information shall be clearly and properly marked. If the Offeror submits annexes, documentation, attachments or the like, not specifically required by this solicitation, such will count against the Offeror’s page limitations unless otherwise indicated in the specific volume instructions below.

(i) All information shall be confined to the appropriate file. The offeror shall confine submissions to essential matters, sufficient to define the quote and provide an adequate basis for evaluation. Offerors are responsible for including sufficient details, in a concise manner, to permit a complete and accurate evaluation of each quote.

(j) Submission of quote shall include the following volumes: (I) Nonmanufacturer Qualifying Status (II) Technical capability or quality of the item offered to meet the Government requirement; (III) Price; and (IV) Completion of “Attachment 2- VAAR Clause 852.219-78 VA Notice of LOS-Certificate of Compliance”

Volume I – Nonmanufacturer Qualifying Status The offeror shall submit responses to the following questions regarding “nonmanufacturer” qualifying status:

[ ] yes [ ] no - Does not exceed 500 employees;

[ ] yes [ ] no - Is primarily engaged in the retail or wholesale trade and normally sells the type of item being supplied; and

[ ] yes [ ] no - Takes ownership or possession of the item(s) with its personnel, equipment or facilities in a manner consistent with industry practice (identify how this occurs)

Volume II - Technical capability or quality of the item offered to meet the Government requirement The offeror shall submit a Transition Plan discussing how the quoter will avoid interruption of the bulk oxygen gas supply at the facility in the event of a transition of the contract and demonstrating the ability to meet the requirements of the statement of work (SOW).

Volume III – Price

Price - The offeror shall complete the pricing schedule provided in Section (v) above: Price/Cost Schedule.

Volume IV – Completion of “Attachment 2- VAAR Clause 852.219-78 VA Notice of LOS-Certificate of Compliance”

The offeror shall complete the “Attachment 2- VAAR Clause 852.219-78 VA Notice of Limitations on Subcontracting-Certificate of Compliance for Supplies and Products (DEVIATION)” and submit as part of the quote.

(End of Addendum to 52.212-1)

(ix) 52.212-2, Evaluation--Commercial Items applies to this acquisition

ADDENDUM to FAR 52.212-2 EVALUATION—COMMERCIAL ITEMS:

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government considering price and other factors.

(b) The following factors shall be used to evaluate quotations:

Factor 1. Nonmanufacturer Qualifying Status Factor 2. Technical capability or quality of the item offered to meet the Government requirement Factor 3. Price Factor 4. Completion of “Attachment 2- VAAR Clause 852.219-78 VA Notice of LOS-Certificate of Compliance”

(c) Evaluation Approach. The Government will evaluate quotations using the comparative evaluation process outlined in FAR 13.106-2(b)(3), where quotations will be compared to one another to determine which provides the best benefit to the Government. The Government reserves the right to consider a quotation other than the lowest price that provides additional benefit(s). Quotations may exceed minimum requirements of the solicitation. The Government reserves the right to select a quotation that provides benefit to the Government that exceeds the minimum requirements of the solicitation but is not required to do so. Each response must meet the minimum requirements of the solicitation. The Government is not requesting or accepting alternate quotations. The evaluation will consider the following:

Factor 1. Nonmanufacturer Qualifying Status: The Government will evaluate the responses an SDVOSB offeror provides to the three (3) questions stated in FAR 52.212-1, Instructions to Offerors, to verify an SDVOSB’s nonmanufacturer qualifying status. If an SDVOSB fails to respond “yes” to all three (3) questions, their quote will be determined ineligible for award. Additionally, the government will review if the offeror submitted provides a copy of the agreement (final or draft) from its subcontractor manufacturer that demonstrates the firm is an authorized reseller of the supplies to determine responsibility. Compliance with the licensing requirement will also be considered as part of the Government’s responsibility determination.

Factor 2. Technical capability or quality of the item offered to meet the Government requirement: The quotation will be evaluated to the extent to which it can meet and/or exceed the Government’s requirements as outlined in the solicitation and based on the information requested in the instructions to quoters section of the solicitation.

Factor 3. Price: The Government will evaluate the price by adding the total of all line item prices, including all options. The Government may use various price analysis techniques and procedures to make a price reasonableness determination. Offers that do not meet the Nonmanufacturer Qualifying Status in Factor 1, meet or exceed the technical capability or quality of the item offered to the Government requirement as stated in Factor 2, or do not include the completed certificate of compliance as stated in Factor 4, shall not be selected regardless of price.

Factor 4. Completion of “Attachment 2- VAAR Clause 852.219-78 VA Notice of Limitations on Subcontracting-Certificate of Compliance for Supplies and Products (DEVIATION)”: The Government will evaluate if the offer includes the required completion of “Attachment 2- VAAR Clause 852.219-78 VA Notice of Limitations on Subcontracting-Certificate of Compliance for Supplies and Products (DEVIATION)”

(d) Options. The Government will evaluate quotations for award purposes by adding the total price for all options to the total price for the basic requirement. <This includes options under FAR 52.217-8, Option to Extend Services, which applies to this solicitation. Evaluation of options under FAR 52.217-8 will be accomplished by adding six months of the quoter's price for the last potential period of performance under this contract to the quoter's total price. For example, if the contract includes option periods that are exercisable under FAR 52.217-9, the quoter's total price for the purpose of evaluation will include the base period, all option periods, and an additional six months of the last option period. Quoters must price only the base and option periods specified in the contract line item numbers (CLINs), and shall not submit a price for the potential six-month extension of services under FAR 52.217-8. The Government reserves the right to exercise the option under FAR 52.217-8 before the end of any of the contractor's performance periods and will be exercised at the price and/or rates in effect at the time the clause is exercised. Evaluation of options shall not obligate the Government to exercise the option(s).>

(End of Addendum to 52.212-2)

(x) 52.212-3, Offeror Representations and Certifications – Commercial Items, applies to this acquisition. Offerors must complete annual representations and certifications electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal in accordance with FAR 52.212-3, “Offerors Representations and Certifications–Commercial Items.” If paragraph (j) of the provision is applicable, a written submission is required. Offerors must be registered in SAM at time of offer submission.

(xi) 52.212-4, Contract Terms and Conditions--Commercial Items – applies to this acquisition

(xii) 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (JUL 2020) applies to this acquisition

FAR 52.212-5 applies to this acquisition with the following FAR clauses incorporated by reference;

(xiii) Additional contract requirements or terms and conditions:

52.217-8 Option to Extend Services (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days.

52.217-9 Option to Extend the Term of the Contract (MAR 2000) [use when options are included]

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years and six (6) months.

852.212-70, Provisions and Clauses Applicable to VA Acquisition of Commercial Items (Apr 2020)

852.219-74 Limitations on Subcontracting-Monitoring and Compliance (JUL 2018) (a)This solicitation includes FAR 52.219-14; Limitations on Subcontracting.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's 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's compliance with the limitations on subcontracting or percentage of work performance requirement.

852.252-70, Solicitation Provisions or Clauses Incorporated by Reference (Jan 2008) The following provisions or clauses incorporated by reference in this solicitation must be completed by the offeror or prospective contractor and submitted with the quotation or offer. Copies of these provisions or clauses are available on the Internet at the web sites provided in the provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference, or the clause at FAR 52.252-2, Clauses Incorporated by Reference. Copies may also be obtained from the contracting officer.

http://www.acquisition.gov/far/index.html https://www.acquisition.gov/vaar

The following FAR provisions are to be incorporated by reference:

The following VAAR provisions are to be incorporated by reference:

None

The following FAR clauses are incorporated by reference:

The following VAAR clauses are to be incorporated by reference:

(xiv) The Defense Priorities and Allocations System (DPAS) does not apply.

(xv) Date and Time offers are due to jesse.sannicolas@va.gov by than 6:00pm ET, December 16, 2022.

(xvi) Name and email of the individual to contact for information regarding the solicitation:

Jesse San Nicolas jesse.sannicolas@va.gov