S06 36C26224Q0353 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 10

664-24-1-056-0003

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

36C26224Q0353

12-15-2023

X

X X

February 2, 2024 at 4:00 PM MST.

The purpose of this amendment is to:

1) Provide updated 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.

PETER KIM

Contracting Officer

Statement of Work

Medical Gases VA San Diego Ca Healthcare System

1. Background.

The purpose of this acquisition is the repetitive delivery of various Medical Gases for the VA San Diego Healthcare System (VASDHCS). This will support patient care at VA Medical Center San Diego (VAMCSD) as well as all Out-Patient Clinics (OPCs) in San Diego County.

2. Scope.

Contractor or Sub-Contractor shall pick up Contractor/Sub-Contractor owned empty cylinders located in the Material Management cylinder cage directly in front of loading dock, and in the hallway marked “Empty Cylinders” behind Receiving Office B176, the Building 2 gas cage.

Contractor will also make regular specialty clinic (OPCs) deliveries to Oceanside, Sorrento Valley, Chula Vista, Escondido, and Kearny Mesa locations as needed or requested. Please see (POC listings) for deliveries made to OPCs.

VA POC at VAMCSD shall be responsible for providing the contractor with estimated gas requirements for the San Diego facility as well as the outlying CBOCs. Estimates for gas requirements shall be provided to the contractor approximately 1 day prior to delivery dates.

The contractor or sub-contractor shall make deliveries of full cylinders on scheduled delivery days (Tuesdays and Thursdays) at VA Medical Center San Diego, all other facilities (Monday through Friday) 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.

This is a one for one Non-Govenment owned cylinder exchange. This also includes gas deliveries to specialty care clinics (OPCs) in the VASDHCS as needed.

Proof of Delivery: At the time of each delivery, Contractor must provide a legible signed and dated written document that identifies the tank level prior to fill, the level after fill, quantity of cylinders, and type of gases delivered. This document must be counter-signed by the facility representative supervising the delivery.

Contractor or Sub-Contractor shall sign in and out of the facility with VAMCSD warehouse and all OPC staff noted in POC Listing.

Contractor will 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.

Contractor or Sub-Contractor shall furnish all labor and materials needed to complete the work at no cost to the VAMCSD except as outlined in the contract.

Contractor shall respond via phone call or email the same day to requests made for Emergent specialized gases needed for medical procedures. The Contractor or Sub-Contractor must be able to deliver gases in Emergent situations in a four-hour (from time of confirmation) delivery time frame as needed by the VAMCSD and OPCs.

Quantities shown in the Schedule of Supplies and Services are estimates of the VA Medical Center San Diego (VAMCSD) and all specialty clinics (OPCs) annual requirements. There is no express or implied guarantee that these quantities will be purchased. Any contract awarded under the solicitation will be an Indefinite Delivery/Indefinite Quantity for a period of five (5) years, pending availability of funds.

All Option Periods will be exercised at the discretion of the Government.

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 contracts awarded under this solicitation shall be in compliance with all applicable Federal, state, and local regulations.

Delivery locations:

Location POC Contact Phone San Diego Healthcare Medical Center

3350 La Jolla Village Drive

San Diego, CA 92161

John Quinn/Daniel Watkins

After Normal Operating hours POC john.quinn5@va.gov

(858) 552-8585 x7840 Daniel.watkins@va.gov

(858) 552-8585 x2462

Kearny Mesa 8875 Aero Dr San Diego, CA 92123

Joe Pacifico /Albert Arca/Steven Baker

(858) 201-0756

(619) 400-5026

(619) 400-5029 x5404

Chula Vista 353 H St Chula Vista, CA 91910

Mark fuller / Jasmine Cox/Kimberly Becks

(858) 784-1139

(858) 249-9953

(619) 400-5267

Oceanside 1300 Rancho Del Oro Dr Oceanside, CA 92056

Sheila Kerr /Maria “Jesse” Vazquez / Nilsa Artesi/ Edward Delos Reyes,

(858) 230-5466

Sorrento Valley 10455 Sorrento Valley Rd San Diego, CA 92121

Sheila Kerr /Steven Sullivan

(858) 552-8585

Escondido

815 E Pennsylvania Ave, Escondido, CA 92025

Christine Torres / Cindy Ramirez / Eric Centeno

(760) 466-7020

3. 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 contractor 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).

4. Installation of Non-Government Owned Equipment

4.1 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.

4.2 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.

5. Response and Delivery Times:

5.1 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.

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

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

6. Billing/Invoicing:

6.1 Contractor will send consolidated usage report to the technical POC/Contracting Officer Representative monthly of all gases purchased with the exact amount purchased and cylinder rental charges “BY LOCATION’ to VAMCSD.

6.2 Invoicing WILL be “SEPERATED BY LOCATION” and annotated on all invoices SUB OR PRIME. All Invoices will clearly state the CLIN (Contract Line-Item Number), type, and quantity of gas exactly as stated on the contract.

7. 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.

8. Performance Monitoring.

The COR will monitor and evaluate Contractor’s performance as well as invoicing proficiency on a quarterly basis to ensure that Contractor’s performance and invoicing 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.

9. Security Requirements.

All Contractor/Sub-Contractor personnel are required to wear identification (ID.) badges during the entire time they are at VAMCSD and/or on its grounds. ID. 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 ID. 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.

10. Period of Performance.

April 21, 2024 through April 20, 2025 with 4 Option Years.

11. 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.

12. Routine Delivery Schedule.

12.1 The Contractor shall arrive at the VA Medical Center San Diego (VAMCSD) from 7am to 11am on Tuesday and Thursday of each week. Deliveries to all other facilities will be Monday-Friday 7am to 3pm.

12.2 The sole responsibility to prepare a truck with correct cylinders of varying types of gases to ensure a one for one exchange is executed and par levels are maintained is that of the Contractor or Sub-Contractor. VA Medical Center San Diego (VAMCSD) is a 24-hour medical facility and require cylinders on-hand for emergency procedures at all times.

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.

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)