36C26126Q0307 0004.docx

36C26126Q0307 0004

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) 05-29-2026

36C261-26-AP-1977

36C261 Department of Veterans Affairs Network Contracting Office 21

36C261 Department of Veterans Affairs Network Contracting Office 21

To all Offerors/Bidders

36C26126Q0307

X X X ** HOUR & DATE for Receipt of Offers is EXTENDED to: 06-04-2026 12:00PM PDT X The purpose of this amendment is to make the following changes and/or clarifications to the solicitation.

1. The solicitation due date has been extended to Thursday, June 4, 2026, at 12:00 PM PST.

2. All solicitation amendments are required to be signed and returned to be eligible for award.

3. All other terms and conditions remain in full force and effect.

4. See attached responses to submitted questions no additional questions will be accepted.

Edward Hunter Contracting Officer Responses to questions for solicitation 36C26126Q0307 provided 5/29/2026

1. CLIN 0017 – Helium USP Medical Pure 200 CGA 580 QUESTION: The CLIN lists 1,426 cylinders annually, yet Palo Alto has only required delivery once in the past two years. This overestimation creates pricing risk for offerors and could lead to unbalanced bids due to the high value of helium.

RESPONSE: The annual quantity for CLIN 0017 will be reduced to 100 cylinders to better reflect historical demand while allowing flexibility for fluctuations. This adjustment ensures realistic pricing and prevents overstating requirements for a high‑value gas, while still supporting mission needs in the event of unexpected demand.

2. CLIN 0025 – Nitrous Oxide USP Size 56 lbs.

QUESTION: The CLIN lists 810 cylinders annually, which appears significantly higher than historical usage.

RESPONSE: The annual quantity for CLIN 0025 will be reduced to 500 cylinders to balance flexibility with realistic usage estimates.

3. Bulk Oxygen Estimated Quantities QUESTION: The solicitation estimates appear low compared to historical usage of approximately 80,000 CCF per year across Palo Alto locations. Additionally, refill frequency based on tank capacity is not aligned with the stated CLIN quantities.

RESPONSE: Based on tank capacities, estimated refill frequencies are as follows: Building 100 – 11 refills annually; Building 7 – 1 refill; Building 500 – 6 refills; Menlo Park Building 331 – approximately 0.4 refills. As stated in Section 2.2 of the solicitation, CLIN quantities are estimates only and do not guarantee purchase quantities. Usage fluctuations are anticipated, and adjustments may be made using a PDCA approach.

4. Contract Type QUESTION: Please confirm whether this is a Service or Supply contract.

RESPONSE: This requirement is a Supply Contract.

5. Current Contract Information QUESTION: Request for the current contract number and supplier.

RESPONSE: The current supplier is RCG under contract 36C26125P1112.

6. FOB Destination QUESTION: Please confirm delivery terms.

RESPONSE: FOB Destination is confirmed.

7. Bulk Oxygen Tank Sizes & Set Points

a. QUESTION: Confirm tank sizes for all listed facilities.

RESPONSE: The tank sizes previously provided are confirmed.

b. QUESTION: Confirm tank level set points.

RESPONSE: Engineering input is required; this information is pending.

8. Estimated Bulk Oxygen Delivery Frequency RESPONSE: Typically monthly, with potential for bi‑weekly delivery based on usage.

9. Building Numbers – Palo Alto RESPONSE: Provided building numbers represent Palo Alto locations. A site assessment is recommended to confirm precise tank locations.

10. Price Schedule (Excel) – CLIN‑Specific Clarifications

– CLIN 0005/0009: Not duplicates; different MPNs.

– CLIN 0011: 5,202 annual quantity confirmed.

– CLIN 0014: Part number CD USP265LT350; CGA 320.

– CLIN 0016: 2,400 annually confirmed.

– CLIN 0017: Annual estimate will be reduced to 100 cylinders (see Item 1).

– CLIN 0021/0023: High estimates confirmed to accommodate fluctuations.

– CLIN 0028: 1,200 annually confirmed; currently no plan to substitute with CLIN 0027.

– CLIN 0031/0032: Different MPNs (MRI and non‑MRI versions).

– CLIN 0034: Current supplier part number is OX USPEWB.

– CLIN 0037: Part number Z03NI83FEC045.

– CLIN 0039–0042: Delivery fees; disregard if not charged by offeror.

– CLIN 0043–0046: CCF quantities provided by Engineering.

– CLIN 0051: Not a duplicate; corresponds to a separate tank.

– CLIN 0052: Monthly telemetry for Building 100 confirmed.

– CLIN 0055: Unit of measure will be corrected to MO.

– CLIN 0056–0065: Detailed descriptions provided.

– CLIN 0060: Item is dry ice; annual quantity will be reduced.

– CLIN 0061: Dry ice delivery to LVD; 10‑lb blocks, as‑needed.

– CLIN 0063: Likely to be removed.

– Emergency Delivery CLINs: Will be added with CO authorization.

11. Integrated Valve Oxygen E Cylinders RESPONSE: Engineering is reviewing current requirements and utilization.

12. Delivery Points at Palo Alto RESPONSE: Three delivery points are required.

13. Transition Timeline RESPONSE: This will be addressed during contract planning.

14. Bulk Oxygen Resupply Procedure RESPONSE: Contractor telemetry monitoring is the primary method for initiating resupply.

15. Government‑Owned Cylinders RESPONSE: Not applicable.

16. Liquid Nitrogen for CBOCs RESPONSE: Primarily required for PAD; subject to changes in clinical practice.

17. Liability Insurance RESPONSE: No specific SOW requirements beyond general FAR provisions; see item 24 for licensing disposition.

18. Security/Privacy Training RESPONSE: No access to VA information systems is required.

19. Controlled Unclassified Information RESPONSE: No CUI applies.

20. Cylinder Delivery Schedule RESPONSE: The Government is amenable to negotiating delivery schedules.

21. Cylinder Loss of Use (LOU) RESPONSE: Current language covers loss or damage; additional internal procedures for payment timing will be considered.

24. Licensing Requirements for SDVOSB Offerors (Medical Gas Distribution) RESPONSE: SDVOSBs delivering exclusively to VA facilities fall under the 21 U.S.C. § 353(e)(4)(B) exemption and are not considered wholesale distributors. Therefore, state wholesale distribution licenses are not required unless the solicitation includes non‑VA customers. Contractors must still comply with applicable federal, state, and local regulations as required by the solicitation.

This issue has been litigated multiple times at the VA level, including before the VA’s Executive Director, as well as before the SBA’s Office of Hearings and Appeals (OHA). In those proceedings, it has been consistently recognized that, under 21 U.S.C. § 353(e)(4)(B) and related provisions, SDVOSBs are not engaged in “wholesale distribution” when supplying medical gases to healthcare facilities. This solicitation is strictly for VA facilities (public hospitals or clinics under VA jurisdiction), offering SDVOSBs falls under the exemption—no additional licensure for wholesale distribution is required. Because SDVOSBs delivering medical gases solely to VA facilities fall under the § 353(e)(4)(B) exemption, they are not engaged in wholesale distribution and therefore not subject to wholesale licensure requirements like those in § 353. Licensure conditions should not be mandatory, unless the solicitation explicitly includes non-VA or independent healthcare entities.

GLOSSARY OF TERMS AND ABBREVIATIONS

GENERAL CONTRACTING & REGULATORY TERMS

• CLIN – Contract Line Item Number

• RFQ – Request for Quote

• SOW – Statement of Work

• VA – U.S. Department of Veterans Affairs

• VAMC – VA Medical Center

• HCS – Health Care System

• CBOC – Community-Based Outpatient Clinic

• CO – Contracting Officer

• FOB – Free On Board (shipping term; Destination = vendor responsible until delivery)

• FAR – Federal Acquisition Regulation

• VAAR – VA Acquisition Regulation

• NAICS – North American Industry Classification System

• SDVOSB – Service-Disabled Veteran-Owned Small Business

• CUI – Controlled Unclassified Information

• NTE – Not to Exceed (ordering cap)

• PDCA – Plan, Do, Check, Adjust (continuous improvement cycle)

MEDICAL GAS INDUSTRY & TECHNICAL TERMS

• USP – United States Pharmacopeia (medical-grade standard)

• GMP – Good Manufacturing Practices

• CGA – Compressed Gas Association (valve/outlet standard)

• CCF – Hundred Cubic Feet (billing unit for bulk oxygen)

• SCF – Standard Cubic Feet

• LOX – Liquid Oxygen

• LN2 – Liquid Nitrogen

• VGL – Vacuum-Insulated Gas Liquid cylinder (portable cryogenic container)

• LBS – Pounds

• MRI – Magnetic Resonance Imaging (MRI-compatible cylinders required near MR units)

• MPN – Manufacturer Part Number

• LOU – Loss of Use (fee for lost/damaged contractor-owned cylinders)

FACILITY & LOCATION TERMS

• PTBRC – Palo Alto-based research/clinical facility (site-specific acronym)

• PAD – Podiatry or Ambulatory Department (context-specific; refers to primary LN2 use)

LEGAL, LICENSING, AND REGULATORY REFERENCES

• FDA – U.S. Food and Drug Administration

• CFR – Code of Federal Regulations

• USC – United States Code