36C26218R0723-0001000.docx

Amendment 0001-Answers to Questions Received in Response to RFP 36C26218R0723

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

BY

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) 07-31-2018 None 00262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach

CA

90815 00262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach

CA

90815 To all Offerors/Bidders

36C26218R0723 07-31-2018

X X X X This amendment provides for the following:

(1) FAR Clause 52.219.27 has been deleted from the solicitation.

(2) VAAR Clause 852.219.10 has been added to the solicitation.

(3) See page two (2) through four (4) for questions to answers received.

All terms and conditions shall remain the same in accordance of the solicitation.

Monica Griffin Question 1: Who is the incumbent for courier services for VISN 22 Healthcare Facilities contract?

Answer: There are many task orders for this procurement which are Stat Courier (VA San Diego Sterile Processing Service; Long Beach Lab and Sterile Processing Service and Greater Los Angeles Lab). Innovative Fed Operations Group for VA San Diego Lab. Crosstown Courier for Arizona Healthcare System.

Question 2: What was the value of the incumbent’s previous courier services contract with VISN 22 Healthcare Facilities?

Answer: Total amount for twelve months for VA San Diego SPS: $12,600, Long Beach SPS-$17,286, Long Beach Lab $83,227.50, and GLA Lab $390,854. $127,795 for the San Diego Lab. $261,297.92 for the Arizona Healthcare Lab.

Question 3: Based on the information given on the routes as well as the required wages for the courier drivers the operating costs I calculate for the project are well over 1.2 million per year leaving a negative balance and losing money. Is the budget mentioned for both California and Arizona operations?

Answer: This is a business decision. The amount listed is the amount that VA has determined based on market industry rates. This amount is for all sites.

Question 4: Is the courier driving from VALLHS to Murrieta Community Based OPC after each pick-up on Monday through Thursday? If so, would that affect the number of runs?

Answer: The Murrieta run occurs twice a day Monday-Thursday, this would actually total 416 runs per year. It goes from Murrieta to VA LL, both times. They are not exactly return runs as much as two runs at two separate times, just going from and to the same place. The run then reduces to only once on Fridays.

Question 5: With regards to Liability and General Liability, does the VA mandate minimum limits for coverage? If so what are those limits?

Answer: The Liability and General Liability and Vehicle minimum amounts are based on each State’s regulations. Please check with each State for mandates.

Question 6: How many drivers/vehicles are currently used to service the current contract?

Answer: This is up to the contractor who establishes the number of drivers. If the requirement is being met, the contractor shall determine the number of drivers.

Question 7: What are the vehicle sizes required?

Answer: This is up to the contractor who determines the size of the vehicles. As long as the requirement is being met, the contractor shall determine the size of vehicles.

Question 8: Will there be any STAT runs required for this contract? All of VA Long Beach Supply Processing Services 112 Courier runs are STAT.

Answer: The Lab will require STAT runs for this contract. However, it will be on an as needed basis. It is estimated that STAT line items originating from San Diego Lab estimates 6- 12 per year depending on the need (San Diego to UCLA Lab Department). It is estimated that STAT run originating from VA Greater Los Angeles Lab or Long Beach Lab to San Diego Lab are 4 per year.

Question 9: Will the contractor be required to supply dry ice for specimen transport?

Answer: No, the VA shall provide dry ice, however, the contractor shall transport dry ice in the coolers.

Question 10: Will this contract be SCA enforced? After reviewing the solicitation on FBO, it contains language and dollar values regarding the Service Contract Act. This solicitation stipulates $14.00, $15.40, $13.59, $13.84, $13.85, $15.87 minimum wage for courier drivers, $4.48 minimum H&W, Sick Time/Vacation. Do you verify now that those are the minimum required rates to be performed on this contract upon award?

Answer: The solicitation requires that the contract awardee comply with the Service Contract Act. The current U.S. Department of Labor Wage Determinations for the areas to be serviced under the contract are attached to the solicitation. The VA is unable to provide offerors with legal advice regarding which labor rates and fringe benefit rates apply to the individuals an offeror might propose to use to perform work under the contract; each offeror might have a different approach to meeting the contract requirements. The U.S. Department of Labor is the agency responsible for interpreting and enforcing the Service Contract Act. If you have questions regarding how the Service Contract Act and the Wage Determinations apply to this contract, you should seek guidance from your own legal counsel or the U.S. Department of Labor.

Question 11: A new SBA Final Rule regarding FAR Clause 52.219-14 Limitations on Subcontracting, dated June 30, 2016, reclassifies Independent Contractor drivers as Subcontractors — 13 CFR 125.6 “Work performed by an independent contractor shall be considered a subcontract.” Please inform us how the VA would like us to proceed upon award regarding this rule change given that it will affect our offer regarding pricing and performance.

Answer: The solicitation does not include FAR 52.219-14 as an incorporated clause. VAAR 852.219-10 (JUL 2016) (DEVIATION) is the clause that provides the subcontracting limitations applicable to this procurement. Contract awardees are required to comply with the limitations on subcontracting described in that clause. This includes ensuring that if an awardee elects to use independent contractors to supplement the awardee’s employee drivers, or other personnel, that the limitations regarding payment of Government contract funds to SDVOSB concerns specified at 13 C.F.R. 125.6 are met. There are severe penalties, including debarment, for contract awardees who deliberately fail to comply with the limitations on subcontracting. How to price a proposal so that an offeror complies with the limitations on subcontracting applicable to this procurement is a business decision that each offeror will need to make for itself.

Question 12: Per either of the rules, current or previous, contracted employee or independent contractor drivers, as appropriate, will perform a minimum of 51% of the contract cost (almost always 100% excepting emergency backup). In the case of the new rule being enforced, we would like to note that Independent Contractor driver usage is widespread across the industry, and it is likely that many companies will wrongfully use IC drivers for the entirety of contract performance. Per the Instructions of Offerors, the offerors are to submit information on how they plan on meeting the Limitations of Subcontracting.

Answer: Offerors are required to comply with the limitations on subcontracting applicable to this procurement as stated in VAAR 852.219-10 (JUL 2016) (DEVIATION). There are severe penalties, including debarment, for contract awardees who deliberately fail to comply with the limitations on subcontracting. Per the Instructions to Offerors at Section E.2 of the solicitation, offerors who propose to use independent contractors (subcontractors) to perform work under the contract are required to provide the information requested in Section E.2, paragraph 2.1.10 for each independent contractor who will be used. Offerors should note that an independent contractor who is not an SDVOSB concern is not considered to be a “similarly situated entity” for the purpose of meeting the limitations of subcontracting requirements described in 13 C.F.R. § 125.6.

Question 13: Can you provide a copy of the final year contract per the FOIA request?