S06 36C26224Q0350 0003.pdf

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)

1 9

600-24-1-080-0003

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

36C26224Q0350

12-15-2023

X

X X

February 2, 2024, at 4:00 PM MST.

The purpose of this amendment is to:

1) Provide answers to questions received during open question period.

2) Provide updates to the Statement of Work resulting from answers to the questions.

3) Update Combined Synopsis Solicitation.

4) Update Clause at 52.212-2.

5) Extend RFQ due date to February 2, 2024 by 4:00 PM MST.

6) All CLINs in RFQ unit of measurement is CY and not EA.

PETER KIM

Contracting Officer

SOW For MEDICAL GASES for VA Long Beach Healthcare System

1. Background Background This acquisition is for the repetitive delivery of various medical gases for the VA Long Beach Healthcare System (VALBHS), 5901 E. 7th St, Long Beach, CA 90822. This will support patient care and clinical activities at the VA Long Beach as well as all the Community Base Out-Patient Clinics (CBOC) in Los Angeles and Orange Counties. The contractor or sub-contractor shall pick up “Customer Owned” and “Rental” contractor-owned empty cylinders located in the Supply Chain Service cylinder cage and in the hallway marked “Empty Cylinders” gas cage, any clinic deliveries in the VALB as well as OPC(s) in CBOC Placentia, Laguna Hills, Santa Ana, Santa Fe Springs as needed or requested. The contractor or sub-contractor shall make deliveries of full cylinders on scheduled delivery days (Tuesdays and Thursdays), ensuring seals and Full/In Use/Empty tags or barriers are in place as well as securing tanks with chains and ensuring the collection areas are locked or secured when they leave. Tamper evident seals will be placed on all tanks without installed regulators. This also includes gas deliveries to specialty care clinics in the VA Long Beach and CBOC(s) as needed. The contractor or sub-contractor shall furnish all labor and materials needed to complete the work at no cost to the VA Long Beach except as outlined in the contract.

2. Scope The contractor (prime) will appear in person for a site visit upon awarding of the contract as well as approximately six months after the start of the contract to inspect all delivery points. The contractor or sub-contractor shall sign in and out of the facility with VA Long Beach warehouse staff and, as required, with the VALB Police when duties require more than direct deliveries or in accordance with VALB Policies. The contractor or sub-contractor will provide a bill of lading, manifest or other documents showing the materials delivered at the time of delivery. The contractor will also provide a monthly consolidated invoice clearly showing each line item and amount of each line item delivered for that month no later than the Monday of the first working.

week of the following month. The contractor or sub-contractor shall respond via phone call or email the same day to requests made for specialized gases needed for medical procedures. The contractor or sub-contractor must be able to deliver gases in emergent situations in a two-hour delivery time frame as needed by the VA Long Beach and Community Base Out-Patient Clinics.

2.1 Product Regulation & Standards for Medical Gas and Bulk Oxygen

2.1.1 All medical gases shall conform to specifications prescribed in the United States Pharmacopeia and the National Formulary. All medical gas manufacturers and fillers of medical gases shall be registered with the FDA; and all medical gases shall be manufactured, processed, packed, transported, and stored according to the following FDA's Current Good Manufacturing Practice (CGMP) regulations and Title 21, Code of Federal Regulations, Parts 210, 211 and 201 for labeling:

A. 29 CFR 1910.104 OSHA Standards for the installation of bulk oxygen systems on industrial and institutional consumer premises B. 49 CFR – Transportation C. Federal Food, Drug, and Cosmetic Act, Chapter V D. NFPA 55: Standard for Compressed Gases and Cryogenic Fluid Code, 2010 Edition E. NFPA 99: Standard for Health Care Facilities, 2005 Edition F. U.S.P. 23: US Phramcopoeia & National Formulary – current edition

Density data and volume measurement equivalents published in (Bulk) Compressed Gas Association Pamphlet No. P-6, titled "Standard Density Data, Atmospheric Gases and Hydrogen," shall be used when necessary to convert measurement of gases from one form to another. For example, the following conversion factor shall apply for conversion from gallons to cubic feet.

Calculation based on data in CGA P-6 1 ft³ liquid O2 = 860.6 ft³ gas (Table 1) 1 ft³ liquid O2 = 7.48052 gal ((Table 2) Therefore:

7.48052-gal (1 ft³) liquid O2 = 860.6 ft³ gas 1 gal liquid O2 = 860.6 ft³ gas

7.48052 1 gal liquid O2 = 115.05 ft³ gas or more commonly quoted as 1 gal liquid O2 = 115.1 ft³ gas

2.1.2 In addition, the following specifications are incorporated into the solicitation and resulting contracts:

a. Federal Specification BB-A-10348, Air, Compressed, for Breathing Purposes, dated 20-Dec 1985

b. Federal Specification BB-C-101 B, Carbon Dioxide (CO2) Technical and USP, dated 15-Apr 1971

c. Compressed Gas Association (CGA) Publications G-7 — Compressed Air for Human Respiration, dated 8/4/03, and ANSI/CGA G-7.1 — Commodity Specification for Air, dated 8/2704.

2.1.3 All products, equipment and services provided under the contract awarded under this solicitation shall be in compliance with all applicable Federal, state, and local regulations, unless otherwise stated.

3. Specific Tasks

3.1 Task 1 - Enterprise Management Controls.

3.1.1 Subtask 1 - Integration Management Control Planning. Provide the technical and functional activities at the required level for integration of all tasks specified within this SOW.

Include productivity and management methods such as quality assurance, progress/status.

reporting and program reviews. Provide the centralized administrative, clerical, documentation.

and related functions.

3.1.2 Subtask 2 - Contract Management. Prepare a Contract Management Plan describing the technical approach, organizational resources, and management controls to be employed to meet the cost, performance, and schedule requirements throughout Contract execution. Provide a monthly status report monitoring the quality assurance, progress/status reporting and program reviews applied to this contract.

Deliverables: Contract Management Plan Monthly Status Report Deliverables: Medical Gas Delivery

The Contractor shall arrive at the VA Long Beach from 7am to 11am on Tuesday and Thursday of each week.

The Contractor shall:

pick up empty customer owned cylinders for refill.

pick up contractor owned cylinders for refill.

deliver any filled, requested, contractor owned cylinders.

deliver refilled customer owned cylinders.

Delivery locations:

Location Items to be delivered POC Contact Phone VA LONG BEACH HEALTH CARE SYSTEM – 5901 E 7TH STREET, Long Beach, CA.

90822 Gas Cage behind building 7 adjacent to the Most normal deliveries point of contact Jorge Delgado.

(562) 826-8000 extension 16223

(562) 826-8000 Dietetics dock Jorge.Delgado@va.gov

Jorge Delgado; Jorge.Delgado@va.gov (562) 826-8000 extension 16223

Community Living Center West building.

133 Room W7B Medical Air x 3 Size “H” Medical Oxygen x 3 Size “H” Ask charge nurse at nursing station for access to room.

Community Living Center East building.

133 Room E7B Medical Air x 3 Size “H” Medical Oxygen x 3 Size “H” Ask charge nurse at nursing station for access to room.

Dermatology Clinic – building

OP126 ROOM

W156 Refill and provide service for 2 Dewar Liquid Nitrogen cylinders.

Primary Care Clinic – Second Floor building Refill and provide service for 1 Dewar Liquid Nitrogen cylinder.

Primary Care Clinic – First Floor building Refill and provide service for 1 Dewar Liquid Nitrogen cylinder.

CBOC(s):

Name Street City State Zip

Placentia VA Clinic 770 S Placentia Ave Placentia CA 92870

Laguna Hills VA Clinic 23719 Moulton Pkwy Laguna Hills CA 92653

Santa Ana VA Clinic 1506 Brook Hollow Drive Ste. 100 Santa Ana CA 92705

Santa Fe Springs VA Clinic 10330 Pioneer Blvd, Ste. 180 Santa Fe Springs CA 90670 CBOC Refill and provide service for 1 Dewar Liquid Nitrogen cylinder.

4. Performance Monitoring The COR will monitor and evaluate Contractor’s performance on a quarterly basis to ensure that Contractors’ performance is in accordance with the contract. The COR will also notify the Contracting Officer immediately if there is any major issue(s) that arises affecting the performance of the contract.

5. Security Requirements All contractor personnel are required to wear identification (I.D.) badges during the entire time they are at VA Long Beach and/or on its grounds. I. D. badges must, at minimum, include the picture of the contractor’s employee, first and last name of the employee, and the name of the contractor on each I.D. badge.

It is the responsibility of the contractor’s personnel to park in the appropriate designated parking area. Parking information is available at the VA Police Department. The VA Police Department will not invalidate or make reimbursement for parking violations of the contractor's personnel under any circumstance.

6. Place of Performance.

April 1st, 2024, through September 30th, 2024

7. Licensing and Certification

Contractor shall possess a state license issued by their respective states Board of Pharmacy or Department of Health which permits the contractor to conduct business related to distribution, resale, transportation, etc. of medical gases.

8. Insurance

Satisfactory insurance coverage is a condition precedent to award of the contract. In general, a successful offeror must present satisfactory evidence or full compliance with State and local requirements. More specifically, workmen’s compensation and employer’s liability coverage will conform to applicable State law requirements for the service contemplated, whereas general liability and automobile liability of comprehensive type, shall in the absence of higher statutory minimums, be required in the amounts per vehicle used of not less than $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence of property damage. State approved sources of insurance coverage ordinarily will be deemed acceptable to the VA installation, subject to timely certifications by such sources of the types and limits of the coverages afforded by the sources to the offeror.

9. Contractor Owned Equipment:

All equipment and materials required to perform on the contract shall be provided by the contractor. Non-Government owned equipment shall be installed, inspected, inventoried, and maintained by the Contractor at the Contractor’s expense (i.e., all installation, inspection, inventory, and maintenance costs shall be included in the contract’s monthly equipment rental fee for the applicable facility.) Non-Government owned equipment shall be kept in good operating condition and appearance, in accordance with applicable regulations, standards and normal good practices. Contractor shall be provided reasonable access to all Medical Gases storage areas for this purpose.

3.1 Lost or Damaged Contractor-Owned Cylinders – Loss of Use (LOU) For each contractor-owned cylinder lost or damaged beyond repair while in the Government's possession, the Government shall pay to the Contractor the replacement value, less the allocable rental paid for that cylinder. These cylinders shall become Government property. If any lost cylinder is located within 30 calendar days after payment by the Government, it may be returned to the Contractor by the Government, and the Contractor shall pay to the Government an amount equal to the replacement value, less rental computed in accordance with SOW. This will be a demurrage charge which will be negotiated and issued on a separate Purchase Order.

3.2 Joint Inventory of Contractor-Owned Cylinders

The VA and the Contractor shall perform an annual, on-site inventory, of all contractors provided cylinders to verify the amounts of cylinders in use. This task is to be completed at the beginning of the contract and annually thereafter. VAMCSD will coordinate the taking of this inventory with the Contractor. Contractor representative(s) shall participate on-site in the annual inventory audit with the designated VA personnel. VA is responsible for obtaining access to all pertinent areas for the purpose of counting existing contractor provided cylinders at the specific VA facility.

3.2.1 After the annual inventory audit (this pertains to the 2nd annual audit approximately at or around Option Year exercising), if more cylinders are found than indicated on the annual joint inventory of cylinders, the inventory count shall be increased to that number and shall be the value going forward until next annual joint inventory is taken.

3.2.2 After the annual joint inventory audit, if less cylinders are found than indicated on the previous annual joint inventory of cylinders, the inventory count shall be decreased to that number and shall be the value going forward until next annual joint inventory is taken. LOU cylinders quantity and type shall be removed from the annual joint inventory of cylinders only after a separate Purchase Order has been issued by the Contracting Office and invoice and payment has occurred.

To receive payment for LOU items, Contractor must submit an LOU quote to the Contracting Office. Purchase Order will be executed upon agreement by Contracting Officer and Contractor (See Section 3.1).

3.2.3 Once the VA pays the LOU invoice for unaccounted cylinders, those cylinders become VA property (Only pertaining to section 3.2.1).

10. Installation of Non-Government Owned Equipment

a. Unless otherwise directed by the using facility, non-Government owned equipment shall be installed by the effective date of the contract No Exceptions; provided: If the Contractor’s equipment replaces equipment already in use, the Contractor shall be allowed a maximum of ninety days after receipt of notice of award to complete installation. the exchange of equipment shall be accomplished without interruption of gas supply to the using facility.

b. If Contractor subcontracts to vendor currently servicing facility and no exchange of equipment applies, it will be the sole responsibility of the Contractor to inventory such equipment. Contractor/Subcontractor installed equipment shall remain the property of the Contractor/Subcontractor and shall be removed upon termination of the contract, when directed by the ordering facility and in full cooperation with the succeeding Contractor so as to avoid interruption of gas supply.

4.3 To permit orderly transition from one Contractor to another, the Contractor shall continue to honor the contract’s monthly equipment rental fee and Medical Gases contract price for a maximum of ninety days beyond the scheduled expiration of the contract period, unless transition from one Contractor to another is completed prior to the ninety-day transition period. For any partial month, the Contractor shall prorate the monthly equipment rental fee accordingly. The Contractor shall continue to provide and maintain its equipment during this transition period.

4.4 No guarantee is given or implied that data included in the Schedule of Supplies and Services regarding Non-Government owned equipment currently located at the facilities is complete and accurate as to the factors affecting the cost of furnishing and installing the required non-Government owned tanks and appurtenances. Offerors are strongly encouraged to visit the facility site prior to submitting a quote and take other steps as may be reasonably necessary to ascertain the nature and location of the work, and the general and local conditions which can affect the work or the cost thereof. Failure to do so shall not relieve offerors from the responsibility of estimating properly the difficulty and cost of successfully performing the work. Site visits may be arranged by contacting the COR designated in the solicitation Schedule of Supplies and Services.

The contractor (prime) shall appear in person for a site visit upon awarding of the contract as well as approximately six months after the start of the contract to inspect all delivery points.

11. Billing/Invoicing:

(1) Invoices will be submitted quarterly in arrears electronically to https://portal.tungsten-network.com

12. Response and Delivery Times:

a. Missed Deliveries:

(a) Missed Delivery Reported by Contractor/Subcontractor Notification – Any missed delivery will be reported by Contractor to VAMCSD within 24 hours.

(b) Missed Delivery Reported by VAMCSD to Contractor Delivery –Missed deliveries reported by VAMCSD to Contractor will be delivered within 24 hours from time of notification.

b. Emergent Response – An Emergency request for gases will be responded to within 2 hours. Stating the time and location of expected delivery.

c. Emergent Deliveries - Deliveries made on an Emergent basis will be within 4 hours from time of Contractor response.

A.1 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021)

(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, price and other factors considered. The following factors shall be used to evaluate offers:

Technical

Price VAAR 852.219-76 - Completed, Signed & Returned

Technical and past performance, when combined, are greater than price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

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:

(1) Technical: 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.

(2) Price: The Government will evaluate the price by adding the total of all line-item prices.

(3) VAAR 852.219-76: The vendor shall review 852.219-76 and check each applicable box and sign the certification. The offeror must select the applicable provision, identifying itself as either a manufacturer or nonmanufacturer. Vendor shall certify that if awarded the contract, qualifies as a manufacturer or nonmanufacturer as stated herein.