Questions and Answers for RFQ 36C25926Q0814 OKC Bulk Oxygen and Tank Rental.docx

6830-- Bulk Oxygen and Tank Rental for Oklahoma City VA Health Care System Base Plus 4 Option Years Solicitation Number: 36C25926Q0814

QUESTIONS (Q) AND ANSWERS (A):

Q1. 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

A1. Supply.

Q2. FOB DESTINATION: Please confirm that the contract resulting from this solicitation will be FOB Destination.

A2. Yes, F.O.B Destination per paragraph (vii) of the Combined Synopsis-Solicitation.

Q3. CONTROLLED UNCLASSIFIED INFORMATION (CUI): Will the contract resulting from this solicitation include any CUI (or any other term/acronym that refers to sensitive contract material within in the VA) – as it pertains to a Cybersecurity Maturity Model Certification (CMMC) for federal contractors?

A3. No.

Q4. FACILITY-MAINTAINED ALARM SYSTEM: Para 3.2 of the SOW states that “The contractor shall perform the hook-up of contractor owned equipment to the facility-maintained alarm system.” Please note that the industry standard is for the supplier/install technician to “assist” a VA Electrician in the hook-up (physical hook-up must be completed by a VA Electrician; supplier/install technicians cannot directly hook up the alarm system due to liability reasons). Language used in other Bulk Oxygen bids regarding this same topic includes: “The Contractor shall assist VA electricians with hooking up the facility-maintained alarm system, consistent with NFPA 55 & 99 code requirements.” We request that the sentence in para 3.2 of the SOW requiring the contractor to perform the hook-up of equipment to the facility-maintained alarm system be revised in the SOW with language specifying that the contractor will “assist” a VA Electrician, in accordance with industry practices and other recent/relevant VA RFQs for Bulk Oxygen (see examples below):

0. RFQ 36C24725Q0265 (PG 6 of 76) – Bulk Oxygen for VAMCs Atlanta, Birmingham, Montgomery, and Tuskegee:

0. RFQ 36C24625Q0079 (AMEND 0001 Q&A) – Bulk Oxygen at VAMC Salem:

0. RFQ 36C25924Q0837 (PG 7 of 14, SOW) – Bulk Oxygen at VAMC Salt Lake City:

A4. SOW Paragraph 3.2 updated to state “The contractor shall assist in the hook-up of contractor owned equipment to the facility-maintained alarm system.”. See attached document “Attachment-Updated Statement of Work for OKC Bulk Oxygen and Tank Rental 09-15”.

Q5. INSURANCE REQUIREMENTS: There is no mention of required liability insurance in the Solicitation other than briefly in the instructions to offerors (under Volume I - Technical capability). 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.

A5. It will be reviewed as part of an offeror’s responsibility determination.

Q6. SUBMISSION INSTRUCTIONS: PG 1 of 9 in the RFQ states that there is a 4MB email size limit for submissions. Please clarify why there is a 4MB limit when VA servers can typically receive emails up to 10MB, which is the standard size limit we see nationally for VA bid submissions. This lower-than-standard size requirement will result in additional submission emails, sometimes for a single file size. Will the GOV please clarify this requirement or confirm that a size limit of 10MB is acceptable?

A6. The stated 4MB email limit is stated to assist with ensuring quotes sent by offerors due to unclear system limitations for files size. If the offeror chooses to send over this stated limit, it will be accepted if received by the point of contact listed on the solicitation. Note: Per the same paragraph of the Combined Synopsis-Solicitation, “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.”

Q7. CONTRACTOR LIABILITY/INDEMNIFICATION: PG 4 of 4 in the SOW (Section 10, Contractor’s Liability) states the following:

0. Para. 10.1: “The contractor assumes full responsibility for and shall indemnify the Government for any and all loss or damage whatsoever kind and nature to any and all Government property … resulting in whole or in part from the negligent acts or omissions of Contractor, any subcontractor or any employee, agent , or representative of Contractor or subcontractor.

0. Para. 10.2: “The contractor shall hold harmless and indemnify the Government against any and all liability, claims, and cost of whatsoever kind and nature … resulting in whole or in part from the negligent acts or omissions of Contractor, any subcontractor, or any employee, agent or representative of Contractor or subcontractor.

0. We ask for a revision of the (2) quoted excerpts above as they are nonstandard. More specifically, we’re asking for the removal of the above highlighted portion in both paragraphs. Please note:

2. It is nonstandard to require a Contractor to indemnify the GOV for property damage that the Contractor is only responsible for “in part.” Please revise this statement to reflect that the Contractor will accept responsibility for property damage resulting in whole from negligent acts or omissions by the Contractor.

2. It is nonstandard to require a Contractor to “save and hold harmless” and indemnify the GOV against all liability for incidents that the Contractor is only responsible for “in part.” Please revise this statement to reflect that the Contractor will save and hold harmless the GOV against liability for incidents resulting in whole from negligent acts or omissions by the Contractor.

A7. SOW paragraphs 10.1 and 10.2 updated to remove “…or in part…”.

Q8. AWARD ELIGIBILITY OF SDVOSB OFFEROR:

0. To ensure uninterrupted delivery of medical-grade gases to the Oklahoma City VAMC and to avoid post-award delays that could impact patient care, will the GOV revise the Solicitation to require SDVOSB offerors to submit, with their proposal submission, evidence that they currently hold all applicable federal, state, and local licenses required for the distribution and delivery of medical-grade gases, including gases classified as prescription drugs, as a definitive responsibility criterion?

0. Given that medical oxygen and other medical-grade gases are life-sustaining products regulated as prescription drugs, does the GOV intend to limit competition to offerors that are already legally authorized to distribute and deliver such products at the time proposals are submitted, in order to avoid delays in commencement of performance following award?

0. Will the status of an offerors’ license (in this case, a registered Medical Gas Distributor in the state of Oklahoma) be evaluated as a definitive responsibility criterion during the consideration of offers?

0. How will the GOV evaluate a proposal submitted by an offeror that does not possess an active and applicable medical gas distribution license at the time of proposal submission but proposes to obtain or rely upon such licensure after award?

A8. The solicitation paragraph (viii)(j) for Volume I- Technical capability states “The offeror must demonstrate the ability to meet the requirements of the Statement of Work (SOW), to include proof of current valid licensing, permits, insurance, certifications or registrations required by the FDA to distribute the bulk oxygen by the quoter or quoter’s subcontractor who is delivering. This proof/verification shall be submitted at the time of proposal submission as part of the evaluation to determine contractor responsibility for award.”

Q9. LICENSING COMPLIANCE FOR THE SDVOSB OFFEROR: Will the GOV please confirm that the required federal and state licenses and certifications for Oklahoma that are applicable to the SDVOSB offeror must be provided in the name of the Prime Contractor at the time of bid submission (and cannot be delegated to a subcontractor), which is required of an SDVOSB offeror in order to comply with the applicable federal, state, and local regulations in order to meet the requirements of the Statement of Work in this RFQ (wholesale distribution of medical-grade oxygen/compressed gases where medical-grade oxygen is defined by the FDA as a prescription drug)? Please see the below reference information regarding regulatory language in the RFQ and compliance information per the FDA, CFR, and the state of Oklahoma:

a. PG 3 of 9 in the RFQ (VOL I – Technical Capability): “The offeror must demonstrate the ability to meet the requirements of the Statement of Work (SOW), to include proof of current valid licensing, permits, insurance, certifications, or registrations required by the FDA to distribute the bulk oxygen by the quoter or quoter’s subcontractor who is delivering. This proof/verification shall be submitted at the time of proposal submission as part of the evaluation to determine contractor responsibility for award.”

A9. The solicitation paragraph (viii)(j) for Volume I- Technical capability states “The offeror must demonstrate the ability to meet the requirements of the Statement of Work (SOW), to include proof of current valid licensing, permits, insurance, certifications or registrations required by the FDA to distribute the bulk oxygen by the quoter or quoter’s subcontractor who is delivering. This proof/verification shall be submitted at the time of proposal submission as part of the evaluation to determine contractor responsibility for award.”

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