Questions and Answers for RFP 36C25926R0017.docx

6835-- VISN 19 Medical Gases and Cylinder Rental Indefinite Delivery Indefinite Quantity (IDIQ) Solicitation Number: 36C25926R0017

QUESTIONS (Q) AND ANSWERS (A):

Q1. Would the government consider dividing this solicitation into regional areas for award instead of covering the entire VISN 19? Our company can fulfill the requirements of this solicitation and does not require the support of a national company if awarded accordingly. We are hoping the federal government will recognize true company size determinations for this solicitation requirement.

A1. No per paragraph (viii)(d), any award made as a result of this solicitation will be made on an All or Nothing Basis.

Q2. The Tinker Air Force base is included in this solicitation. Is this part of the DoD or the Veterans Administration? If so, what security measures are needed to gain access to the base?

A2. The Tinker VA Clinic is located on Tinker AFB. They will need to use the Truck Entrance on the South Side of the Base, the driver must have a Real ID, and Bill of Lading with the delivery address. It shouldn’t have to be mentioned, but the driver cannot bring anything onto the AFB, or any VA Clinic that is banned from Federal Installations (i.e., weapons, knives, drugs, and/or alcohol).

Q3. The Vinita, OK and Bartlesville, OK, CBOCs are listed in this solicitation. It is our understanding that these clinics are currently closed. Have they been combined with another existing clinic?

A3. Both clinics are still open. The Vinita clinic moved locations, the address has been provided in the Locations attachment.

Q4. Does the Government acknowledge that federal statutes enacted pursuant to the U.S. Constitution are part of the “supreme Law of the Land” and that federal agencies must comply with them in administering this solicitation; and, accordingly, will the Government apply the definition of “wholesale distribution” in 21 U.S.C. § 353(e)(4)—including the exclusions in § 353(e)(4)(B), (G), and (Q)—so that (as already determined by the VA and the SBA), any of the following: (1) distribution among hospitals or other health‑care entities under common control, (2) a hospital’s purchase or acquisition of a drug for its own use, and (3) distribution of medical gas (as defined at 21 U.S.C. § 360ddd) are not treated as “wholesale distribution” and therefore do not require a wholesale drug distributor (WDD) license?

A4. Reference paragraph 23 of the Statement of Work regarding Licensing, Authorization, and Selling Permissions.

Q5. In each facility tab of the solicitation's pricing sheet, Columns I/M/Q/U/Y are labeled “Estimated Total Cylinder Rental Fee (ColumnC+ColumnD)×(MonthlyRentalFee)×12,” while Columns C and D are labeled “Estimated Annual … Tanks.” If C and D are annual counts, multiplying by a monthly fee and then by 12 appears to overstate the annual rental by 12×. By contrast, the “Estimated Total Fill Price” uses (C+D)×(FillPrice) with no ×12, which aligns with C and D being annual counts. If C and D are annual counts, should the rental formula instead be (C+D)×(MonthlyRentalFee) (without ×12)?

A5. Yes. See Attachment 1- Medical Gas Items - Updated 11252025.

Q6. On page 3 of the Combined Synopsis/Solicitation, under part (ix) titled “52.212‑2, Evaluation—Commercial Items applies to this acquisition,” the solicitation states that proposals will be evaluated using a comparative “best value” evaluation process under FAR 12.203(c), in which Technical Capability, Past Performance, and Price will be compared to determine which proposal provides the best benefit to the Government and award may be made to other than the lowest‑priced offeror. FAR 15.101 (Best Value Continuum) recognizes that, where requirements are clearly definable and the risk of unsuccessful performance is minimal, cost or price may play a dominant role, and FAR 15.101‑2(a) provides that the Lowest Price Technically Acceptable (LPTA) source selection process is appropriate when best value is expected to result from selection of the technically acceptable proposal with the lowest evaluated price and tradeoffs are not necessary.

Given that this procurement is for clearly defined, recurring commercial supplies and services (medical gases and cylinder rental) with minimal performance risk, will the Government adopt an evaluative approach using Lowest Price Technically Acceptable (LPTA) under FAR 15.101‑2 for this requirement—i.e., establish minimum acceptability standards for Technical Capability (and, if used, Past Performance), evaluate proposals on a pass/fail basis for those non‑price factors, and make award to the lowest‑priced, technically acceptable offeror?

A6. No. Evaluation to be done in accordance with paragraph (ix) of the solicitation.

Q7. 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.

A7. Supply.

Q8. EMERGENCY DELIVERIES: PG 2 of 9 (Section 4.6) in the SOW states that “The contractor will provide a response within (1) hour of the emergency request and deliver within (6) hours to the medical centers, and/or within (24) hours to the CBOCs.” A delivery turnaround of (6) hours in emergency conditions for (7) VAMCs across a broad geographical region is highly nonstandard as suppliers cannot assign a truck, secure product, and make an emergency delivery immediately after notification. Drivers are on pre-established routes for healthcare customers and may have to return to the fill plant before delivering to the facility. Additionally, drivers must have the hours available to make the additional delivery. If an Emergency Order is placed towards the end of the day (e.g., 3PM-4PM), then there’s no guarantee that there will be a driver available to deliver that same day. Standard language for Emergency Deliveries is to deliver within (24) hours, which often includes after-hours deliveries where the GOV will have to provide a representative to receive the delivery. Will the GOV please amend this language to deliver emergency orders “within (24) hours”?

A8. The language will not be amended. If any emergency delivery is outside of normal business hours, the Government will provide a representative to receive/accept the delivery.

Q9/A9. BULK LANGUAGE IN SOW: Is there any relevance to the Bulk Oxygen language included in the SOW as it is not applicable to the contract that will result from this solicitation? The RFQ is only soliciting for Medical Gas Cylinders, but the following Bulk Oxygen language/requirements are included:

- ATTACHING CYLINDERS TO MANIFOLDS: Per PG 2 of 9 (Section 2.8), “At CBOC(s) locations that have piped in systems utilizing large size (K, and/or T) cylinders, the contractor will disconnect the empty tank and connect the full tanks.”-- This has been removed. Please refer to the Attachment- Statement of Work- VISN 19 Medical Gas - Updated 11252025.

- REQUIRED VA TRAINING FOR ATTACHING CYLINDERS TO MANIFOLDS: Per PG 5 of 9 (Section 7), “The contractor at no additional cost will provide transitional “Train the Trainer” training to designated VA personnel on the proper procedures involving the attachment of oxygen cylinders to manifold systems if required.”-- The offeror's price for the gas shall include the furnishing, at no additional cost, of all services which are required at every filling of a cylinder to comply with applicable regulations, specifications, and normal good practices. Such services shall include, but not be limited to: tags indicating cylinder is "Full," In Use," or "Empty"; inspection, testing, evaluation, and cleaning services required at every filling; pin- indexing, when required, and attachment of Government-furnished warning tags, when required. The contractor at no additional cost will provide transitional “Train the Trainer” training to designated VA personnel on the proper procedures involving the attachment of oxygen cylinders to manifold systems if required. In addition to services listed in this paragraph, the contractor is responsible for all maintenance and testing of contractor-owned cylinders.

- CERTIFICATE OF ANALYSIS & OXYGEN SYSTEM REQUIREMENTS – PG 6 of 9 (Section 13) -- This also applies to Medical Gases, not removed from Statement of Work.

Q10. LOSS OF USE FOR 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 PG 5 of 9 (Section 9) specifying that the GOV will pay its LOU invoice following a joint cylinder audit between the Prime Contractor and the VA, there is no language detailing HOW the GOV will ensure payment is provided (e.g., paid for via separate purchase order?). Restated, how the vendor will arrive at payment procedurally and be reimbursed in a timely manner for any lost cylinders?

A10. Any lost or damaged beyond repair cylinder will be paid via a request for equitable adjustment modification against each facility’s Delivery Order for each respective period of performance as Loss of Use. See paragraph 9 of Attachment- Statement of Work- VISN 19 Medical Gas - Updated 11252025.

Q11/A11. CLIN / PRICE SCHDULE QUESTIONS:

0. LOSS OF USE CLIN – ALL LOCATIONS: Will the GOV please confirm that the Loss of Use CLIN on each station’s price list is a placeholder only, in the event of need after the completion of the required annual inventory? Please also confirm that pricing for any Loss of Use identified as a result of the annual inventory will be based on fair market replacement value of the cylinders at the time the loss is identified? Loss of Use will be processed following annual inventory see Attachment- Statement of Work- VISN 19 Medical Gas - Updated 11252025.

0. LOSS OF USE CLIN – EASTERN COLORADO VA HCS (STATION 554): Please note that Station 554 (VA Eastern Colorado HCS) is missing the Loss of Use CLIN on the Attachment 1 – Medical Gas Items price schedule. Will the Medical Gas Items price schedule (Attachment #1) be updated to include this CLIN for ECHCS? See Attachment 1- Medical Gas Items - Updated 11252025.

0. GASES – EASTERN COLORADO VA HCS (STATION 554):

2. Item 0001 “0.3% Carbon Dioxide, 10% Helium, 21% Oxygen, Balance Nitrogen”: Please reconfirm the mixture as Carbon Dioxide is an uncommon component to be included in a medical gas mixture. Should this be 0.3% Carbon Monoxide instead of 0.3% Carbon Dioxide? Yes, it should be Carbon Monoxide. Confirmed with the station.

2. Item 0004 “Anaerobic Mix”: Please confirm the components and percentages of this Anaerobic mix. 5-10% CO2/5-10%H2/BAL N2-A #200 44 1C

2. Item 0011 “Dry Ice”: What type of Dry Ice is required (pellets/blocks)? Blocks

2. What is the difference between Item 0017 “Oxygen Medical Grade Walkabout” & Item 0018 “Oxygen w/ Built-In Regulator”. There is no difference, the cylinder items list was created from historical invoiced usage.

0. GASES – EASTERN OKLAHOMA VA HCS (STATION 623):

3. Item 0007 “Liquid Nitrogen, Liquid 20L Dewar”: The description of this item contradicts that “30L” size notated. Please confirm that offerors should price a 30-liter Liquid Nitrogen refill on this item. It should be 30L

0. GASES – SALT LAKE CITY VA HCS (STATION 660):

4. Item 0012 “Carbon Dioxide USP E CGA 940”: Please confirm if this is for a steel or an aluminum cylinder. Steel

0. CYLINDERS – SHERIDAN VA HCS (STATION 666):

5. Item 0006 & 0018: Will the GOV please confirm that the VA Sheridan does in fact own Oxygen, Size E cylinders with Built-In regulators? The Attachment 1 price schedule indicates some of these cylinders are GFE equipment; however, these types of cylinders are generally proprietary equipment of the manufacturer and not available for purchase. The Sheridan VA does not own any E-type Cylinders with built-in regulators. They currently rent all E-Type walkabouts through their current contractor.

0. CYLINDER FILLS: Given distribution is the highest cost in the industry and VISN 19 covers rural states, will the GOV allow offerors to price cylinder fills between VAMCs/CBOCs separately in order to account for unknown distribution costs? The cost of the cylinders and gas is all inclusive, this cost should be considered by the offeror when establishing their pricing.

0. MONTHLY RENTAL QTYs: What are the Rental QTYs that each station will use to evaluate pricing submission of offerors? Currently, the GOV requests Monthly Rental Pricing by gas, as opposed to cylinder rental grouping CLINs (by size/type/functionality) with calculable QTYs (see example below). How are rentals going to be accounted for in the offeror’s price submission total? The cost of the cylinders and gas is all inclusive, this cost should be considered by the offeror when establishing their pricing. See Attachment 1- Medical Gas Items - Updated 11252025

Q12. GFE CYLINDER QTYs: How many GFE QTYs are on the VA’s property books by gas (e.g., VAMCs Sheridan & Cheyenne)?

A12. See Attachment 1- Medical Gas Items - Updated 11252025.

Q13/A13. CBOC REQUIREMENTS / USAGES:

1. CBOC FILL/RENTAL ESTIMATES: What are the annual estimated fills/rentals by gas item for the CBOCs under each VAMC? The estimated annual includes the main facilities and CBOCs.

1. CBOC BALANCES: What are the estimated on-hand balances by gas item for the CBOCs under each VAMC? The estimated annual includes the main facilities and CBOCs.

1. LIQUID NITROGEN REQUIREMENTS: Which CBOCs under each HCS require open-mouth liquid nitrogen dewar fills? None.

Q14. RESEARCH DEPARTMENTS: Do any of the VAMCs include delivery to Research Departments on campus/site?

A14.

VA Montana – No VA Cheyenne – No VA Eastern Colorado – Has a Research Department located on the main facility campus Research Building VA Eastern Oklahoma – No VA Oklahoma City – Has a Research Department located on the main facility campus Research Building VA Salt Lake City – Has a Research Department located on the main facility campus Research Building VA Sheridan – No

Q15. POINTS OF DELIVERY: How many required points of delivery are there at each VAMC (e.g., Research, CLC)?

A15.

VA Montana – 2, at the main facility loading dock and the laboratory VA Cheyenne – 1 at the main facility warehouse VA Eastern Colorado – 1 at the main facility receiving dock VA Eastern Oklahoma – 1 at the main facility warehouse VA Oklahoma City – 2, at the main facility loading dock and the Research Building VA Salt Lake City – 2, at the main facility loading dock and the Research Building VA Sheridan – 2, at the main facility loading dock and liquid N goes to Building 71N

Q16. CYLINDER LEDGER: PG 3 of 9 in the SOW (Sections 4.3-4.4) refer to a ledger that the delivery driver and facility POC will record cylinder counts in upon delivery and pickup and be signed by both the driver and VA POC. Please clarify how this ledger will be used during the contract (i.e., what is its purpose?) and confirm the VA be managing and ensuring accuracy of this ledger. Additionally, does the VA expect each delivery driver to have a unique ID number to enter in the ledger? Would a name be sufficient?

A16. A name would be sufficient. The ledger will be used to confirm invoices and billing

Q17. TRAINING REQUIREMENT: PGs 6-7 of 9 in the SOW (Section 14) include language requiring the contractor to provide “records of training and competency assessment of contractor personnel involved with the performance of this contract” and it says that all training will be completed prior to any gas deliveries. Section 14.2 goes on to say that “Documentation will be provided to the VA Contract Officer at time of solicitation submission.” Will the GOV please clarify this requirement? Proof of training documentation was not listed as a required submission under the Instructions to Offerors in the RFP, and it’s not clear what training and related documentation is required based on the information presented in Section 14. Please specify the certifications the VA is requesting copies of and confirm if this is required at time of bid submission or if they can be provided upon award.

A17. Coordination will be done following award of contract. Not required at time of proposal submission.

Q18. INSURANCE REQUIREMENT: There is no mention of insurance requirements in the RFQ – other than a reference to proof of insurance during bid submission on PG 2 of 9 in the RFP: “The offeror must demonstrate the ability to meet the requirements of the Statement of Work (SOW), to include a transition plan (if applicable per paragraph 22 of the SOW) and submit proof of current valid licensing, permits, insurance, certifications or registrations required by the FDA...” But there is no explanation for how much coverage per occurrence or what type of liability insurance is required. 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? 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 – which is not notated in this RFQ but is commonly included in RFQs under 325120/221210.

A18. It will be reviewed as part of an offeror’s responsibility determination.

Q19. 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/eligible offeror pre-award? If so, how will the Contracting Authority ensure state licensing compliance so that an unlicensed offeror will not deliver medical gases to the VAMC post-award until they are properly licensed in the states within VISN 19? 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?

A19. Per the solicitation, this proof/verification shall be submitted at the time of quote submission as part of the evaluation to determine contractor responsibility for award.

Q20. 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 (incorporated by reference on PG 3 of 9 in the RFP)?

A20. The Contracting Officer.

Q21. LICENSING REQUIREMENTS: Will the GOV please confirm that the required federal and state licenses and certifications 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 FDA/Code of Federal 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)?

A21. Reference paragraph 23 of the Statement of Work regarding Licensing, Authorization, and Selling Permissions.