RAS Question PHX.pdf

Please accept the below Vendor Questions regarding RFQ 36C26224Q1675 (VAMC Phoenix Research MED CYLs):

1. As the NAICS for this RFQ is 325210 Industrial Gas Manufacturing, please confirm whether this is a Service Contract or a Supply Contract.

ANSWER. Supply

2. OPTION YEAR CLINS: Considering this is a Base plus (4) Options RFQ, is there are specific purpose for not including pricing CLINs for Option Years 1-4? In the B.3 Price/Cost Schedule (PGs 8-9 of 58), the only CLINs provided are for the Base Year. Will the GOV be providing Option Year CLINs via an amendment prior to the solicitation close date?

ANSWER. Yes, Option years will be added to amendment, listed below.

Item Description/Part Number* Qty

Z03NI7442000074, CALIBRATION GAS

MIXTURE: CB 5% CD/21% O2/BAL NI, SIZE

X03NI94C2000650, BLOOD GAS: 1% O2/5%

CD/BAL NI, SIZE 200

3 CD USP50, CARBON DIOXIDE, USP, 50LB 80

4 HE UHP200, HELIUM, UHP, SIZE H/200 6

NI NF230LT22, LIQUID NITROGEN, 230LTR,

22 PSI 24

NI GMPDEWARFILL50L, LIQUID NITROGEN

50L DEWAR REFILL

7 NI NF200, NITROGEN, GASEOUS, SIZE H 24

8 OX 40, OXYGEN, COMPRESSED 40 CU FT. 16

9 OX USP200, OXYGEN, USP, SIZE H/200 14

10 STD DEL, STANDARD DELIVERY FEE 18

11 EMER DEL, EMERGENCY DELIVERY FEE 3

CYL RENTAL, RENTAL: SIZES OTHER THAN A,

B, C, D & E CHARGED MONTHLY

CYL RENTAL, RENTAL: LIQUID CONTAINERS

(PORTABLE) GREATER THAN 160 LITER

CAPACITY CHARGED MONTHLY -

3. TANK RENTAL REQUIREMENTS:

COMMENT: There is a discrepancy between the Rental CLIN descriptions listed on PG 4 of 58 lists and what is notated on PGs 8-9.

PG 4 of 58: Bullet “a.” under “Tank Rentals” states “less than 160L Capacity” with a QTY of (330).

PG 9 of 58: The description for CLIN 0012 is listed as “CYL RENTAL: SIZES OTHER THAN A, B, C, D & E” with a QTY of (330) which is the correct description.

ANSWER: RENTAL: LIQUID CONTAINERS (PORTABLE) GREATER THAN 160 LITER CAPACITY

CHARGED MONTHLY

4. HARDWARE / TECHNOLOGY LANGUAGE: PG 5 of 58 includes language regarding hardware/technology requirements that are unrelated to a medical gas contract (see image below). PG 7 of 58, Section B also notates “hardware/software update/upgrade..” Does this language (pasted below) have any relevance to this contract for supplying cylinder gases to a VA Research Facility? If not, request that this language be removed from the RFQ.

ANSWER. Yes, it is a requirement that has been requested.

5. DELIVERY TIMEFRAME: PG 6 of 58 lists (2) separate delivery timeframes under

“Coverage,” including 7:30AM-4PM as well as 8AM-4PM. Please confirm which facilities each delivery window applies to, or do both facilities have the same operational hours?

ANSWER: The contractor shall perform the services as specified herein Monday through Friday except for National Holidays (see below) between the hours of 7:00 a.m. – 4:00 p.m., except for any emergencies that are identified, and the vendor is notified of such.

The contractor is not required to provide service on the following U.S. Government holidays, nor will the Contractor be paid for these holidays. However, if the scheduled service date falls on a national holiday, a mutually agreed upon alternate date that week will be scheduled.

National holidays observed by the Federal Government:

New Year’s Day 1 January Martin Luther King’s Birthday Third Monday in January

President’s Day Third Monday in February Memorial Day Last Monday in May Juneteenth 19 June Independence Day 4 July Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day 11 November Thanksgiving Day Christmas Day 4th Thursday in November Christmas Day 25 December

If a holiday falls on Sunday, the following Monday will be observed as the National Holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a National Holiday by U.S. Government agencies. Also included would be any national holiday specifically declared by the President of the United States.

6. EVALUATION / TECHNICAL REQUIREMENTS: PGs 40-41 include an incomplete Solicitation Provision for the Evaluation. While it does state that the “contract resulting from this solicitation ... will be most advantageous to the Government, price and other factors considered,” the following sentence states that “The following factors shall be used to evaluate offers: Technical and past performance, when combined, are .” Please confirm what factors will be considered in evaluating offers as “most advantageous” and how those factors will be weighted. Additionally, as a breakdown of the technical submission is not included in the RFQ, please identify all technical submission requirements that offerors should address in order to align with the evaluation method.

ANSWER. (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:

Price Only

Technical and past performance, when combined, are equal to 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.

7. INSURANCE: There is no mention of required liability insurance in the RFQ. 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 portray to the GOV/Evaluation Committee that they have the correct type of Liability Insurance, and does this credential need to be affirmed at the time of bid submission? This is important because there are very few underwriters that will insure small businesses for 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 included as a clause in this RFQ but is a standard inclusion across the majority of VA solicitations for NAICS 325120.

Answer. Contractor signature is acknowledgement of compliance with all clauses and upon request of Contracting Officer contractor must provide validation.

Per FAR 52.228-5 Insurance Work on a Government Installation, The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

8. LICENSING: What specifically are the submission licensing requirements for the Prime Contractor/Offeror? There is no mention of licensing requirements in the SOW or technical submission requirements, yet FAR 52.212-4 is included on PGs 10-15 of 58 where para. (q) states that “The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.” The state of Arizona requires the Awardee/SDVOSB Prime Contractor to have a Medical Gas Distributor license to distribute medical gases (medical-grade oxygen for human consumption is classified by the FDA as a prescription drug). Additionally, the licensing requirement is directly linked to the GOV’s required affirmations found in VAAR 852.219-76 – the VA Notice of Limitations on Subcontracting, Certificate of Compliance for Supplies and Products. VAAR 852.219-76 requires offerors to certify in writing that they take ownership/possession of the items, and, with the offeror affirming that they take ownership of the gas, the SDVOB offeror is categorized as a Medical Gas Distributor in Arizona and is required to be licensed (cannot be delegated to a subcontractor as the contract is with the Prime SDVOSB).

Per the Arizona Administrative Code, Title 4 Professions and Occupations, Chapter 23 Board of Pharmacy – 4 A.A.C. 23 (link below for full text):

o Section R4-23-601 – General Provisions (PG 36 in linked text):

o o Section R4-23-607 – Nonresident Permits (pg. 46 in linked text):

o LINK: https://apps.azsos.gov/public_services/Title_04/4-23.pdf ANSWER: Specific state requirements do not apply to the Federal Government. State’s does not have jurisdiction over the Veterans Affairs (VA).

9. LOSS OF USE FOR CONTRACTOR-OWNED CYLINDERS: There is no mention of how the VA will account for Loss of Use in the RFQ. What are the procedures to account for Loss of Use (LOU) costs for contractor-owned cylinders that are lost while in the VA’s possession? How will the vendor be reimbursed in a timely manner for the lost cylinders? Please note, the only way to determine Loss of Use is per a joint audit between the VA and the Prime Contractor to compare what is physically on-hand at the facility against the facility’s most recent invoicing records that show expected cylinder balances based on delivery and return totals throughout the period of performance.

• To ensure compliance with the Prompt Payment Act and to establish accountability procedures, we recommend adding language from the LOU verbiage from the VISNs 9/10 Medical Cylinders Contract (36C77623D0910 – awarded in SEPT 2023). NOTE: If annual audits are required, offerors request that a https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fapps.azsos.gov%2Fpublic_services%2FTitle_04%2F4-23.pdf&data=05%7C02%7C%7C32f5acb3f383445091e008dcbaf887e7%7Ce95f1b23abaf45ee821db7ab251ab3bf%7C0%7C0%7C638590824310280245%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=HQrmy5tKdZtlNG14bqthW0yCXEG3DCqO9gW7w7oFUcs%3D&reserved=0 line item be added to account for costs to conduct the audit, which involve travel and lodging for POCs from both the Prime Contractor and the Subcontractor.

ANSWER. 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.

10. DELIVERY SCHEDULE: PG 3 of 3 (Section 2.B) in the Solicitation Notice attachment requires offerors to submit the Delivery Schedule found on PG 9 of 58 in the RFQ. Please clarify what the GOV wants offerors to complete within the provided delivery schedule as it is unclear.

• See Delivery Schedule below (PG 9):

ANSWER: