36C26225Q0030 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)

0003 12-05-2024 678-25-1-031-0001 678-25-1-8105-0009/0010

36C262

NCO 22

Department of Veterans Affairs NCO 22 - Gilbert Network Contracting 335 East Germann Road Gilbert AZ 85297

36C262

NCO 22

Department of Veterans Affairs NCO 22 - Gilbert Network Contracting 335 East Germann Road Gilbert AZ 85297

To all Offerors/Bidders 36C26225Q0030

X

X X

** HOUR & DATE for Receipt of Offers is EXTENDED to: 12-10- 2024 15 00

See CONTINUATION Page

X 1

The purpose of amendment 0003 is:

1. Extend the Proposal Submission date

2. Answer Vendor Questions

3. LIMIT response to no more than thirty-five (35) typewritten pages with a 12pt font-size.

There are no other changes to the terms and conditions of this Solicitation.

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

Anthony C. Dela Cruz Contracting Officer

VA-VHA-RPOW-2024-0101

CONTINUATION PAGE

ITEM

1. Gases for Research 1 & 2: Which gas CLINs are utilized by the Research 1 & 2 accounts?

Answer: LIQUID NITROGEN IN 175L & Liquid Nitrogen NI NF180LT22

2. CBOCs: Are all CBOCs on GOV Owned land or are any CBOCs leasing the property?

Answer: All SAVAHCS CBOCs are leased

3. Are VA-Owned Cylinders utilized at any of the CBOCs? If so, which CLINs at which facility?

Answer: No VA owned cylinders are in the CBOCs.

4. CLIN for Hydrostatic Testing: Will the GOV please add a CLIN for Hydrostatic Testing of GOV Owned Cylinders? There are multiple mentions of this service “at the rate” yet there is no CLIN provided in the Price/Cost Schedule.

Answer: Service will be conducted and invoiced separately.

5. # of Days to Invoice: PG 29 of 84 (Section 9.5.3) states that “The Contractor shall provide, within five (5) business days after the end of the rental period, a monthly summary for each delivery location (sub-accounts) to the individual facility POC…” We request that this language/requirement be revised to allow for the submission of rental summaries within the first (10) business days of the following month. There are required processing times for consolidating rental summaries following a month’s end, and Contractors must ensure all Proofs of Delivery (PODs) for the previous month have become available (oftentimes this takes several days to post) before they can complete that processing as the PODs are required to summarize all deliveries and returns before rental charges can be calculated. As a result, the requirement to provide a monthly summary for each location within (5) days is impractical due to the availability of the data and processing times required Answer: Change will be made to (10) business days to invoice.

6. Removing the Loss of Use Balances: (PG 11 of 96, 7.5.5), The quantity and type of cylinders that are LOU shall be removed from the beginning balance for the next monthly rental period once the cylinder type and count are agreed upon. Does the reference to “agreed upon” mean the GOV will provide a Purchase Order so that the contractor may submit an invoice and receive Payment? Industry standard is to remove the cylinder balances only once a PO has been issued as the GOV has no incentive to pay for LOU unless a PO has been issued and an invoice submitted.

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.

7. CLIN 0038 (NITROGEN NF DEWAR FILL FROM BULK): What is the purpose of this CLIN when there are already (5) Dewar-Size-Specific CLINs for Liquid Nitrogen (0027/0028/0029/0030/0031/0032)? This appears to be an unnecessary duplicate especially given it’s only structured for (1) Liter.

Answer: Three Purchase Orders will be established and two separate CLINS are needed for each. This is for the Research Dept.

8. Offeror Compliance with the state of Arizona regulations/licenses: What is the GOV’s interpretation/understanding of the RFQ references to Contractor Compliance with the state regulations for wholesale distribution of medical grade gases as notated on PGs 7 & PG 44 of 96 in the RFQ?

o PG 7 of 96, LICENSING, AUTHORIZATION, AND SELLING PERMISSION, para 2.3: Throughout the term of this contract, Contractor shall maintain all federal, state, and local licenses applicable to the Contractor, as well as any required FDA certifications. Contractor must also provide, annually, verification that the manufacturer from which it obtains the medical gases placed into the medical gas cylinders provided to VA under this contract holds current licensing, permits, certifications, or registrations required by the FDA and the states in which this contract is performed. Will the GOV require the contractor to have its own Wholesale Drug Distributor’s license, as required by the AZ Board of Pharmacy regulations, and not use its subcontractor’s distributor’s license, at the time the contractor submits its bid in order to be considered a qualified bidder?

o PG 7 of 96, CYLINDERS AND ASSOCIATED COMPONENTS LAWS AND REGULATIONS, para 5.1: Cylinders, tanks, valves and other containers for gaseous and liquid forms of gas provided on this contract shall comply with all applicable FDA, CGA, DOT, and all other federal, state, and local acts, regulations, codes and standards in regard to the manufacture, maintenance, filling, marking, labeling, transportation, shipping, packaging, color-coding, valves, valve protection caps, valve brazing, cylinder fittings, hydrostatic cylinder testing, inspections, visual inspection, and 360 degree cryoband placement. The Contractor shall comply with the most current and updated version of these codes and standards for the entire period of performance of this contract. In light of this requirement, will the GOV require the contractor to have its own Wholesale Drug Distributor’s license, as required by the AZ Board of Pharmacy regulations, and not use its subcontractor’s distributor’s license, at the time the contractor submits its bid in order to be considered a qualified bidder?

o PG 44 of 96, FAR 52.212-4, para (q) Other Compliances: (q) Other compliances.

The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. In light of this requirement, will the GOV require the contractor to have its own Wholesale Drug Distributor’s license, as required by the AZ Board of Pharmacy regulations, and not use its subcontractor’s distributor’s license, at the time the contractor submits its bid in order to be considered a qualified bidder?

o NOTE: Under the regulations promulgated by both the FDA & the State of Arizona, the offeror is a Wholesale Distributor of Medical Gas/Prescription Drugs, which requires the Offeror to be licensed to operate and sell medical grade gas within the state (regardless of delivering to a federal facility or a private facility), and this licensing requirement cannot be delegated to the offeror’s subcontractor.

Additionally, the VISN 20 Bulk Oxygen RFQ was recently released (RFQ 36C26024Q0953) and “State Board of Pharmacy Wholesale Distributor Licenses” is an applicable regulation and standard applicable to the contract.

• RFQ 36C26024Q0953 (VISN 20 Bulk Oxygen) PGs 5-6 of 65, under “Applicable Regulations & Standards” o The following is a list of some of the regulations and standards that are applicable to this contract. The list is not comprehensive, and the contractor is responsible for ensuring that all products, equipment, and services provided under the contract comply with applicable Federal, state, and local regulations. If applicable, the editions in effect as of the date of this solicitation are listed.

Contractor is responsible for remaining compliant with any future revisions that are effective at the time of contract performance

• Per the Food and Drug Administration, Code of Federal

Regulations Title 21, definition of a Wholesale Distributor o https://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/CFRSear ch.cfm?fr=203.3 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.accessdata.fda.gov%2Fscripts%2Fcdrh%2Fcfdocs%2Fcfcfr%2FCFRSearch.cfm%3Ffr%3D203.3&data=05%7C02%7C%7C356f0823806d4434149c08dd13a6f8b4%7Ce95f1b23abaf45ee821db7ab251ab3bf%7C0%7C0%7C638688330067039546%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=9m7jvqJkZSLTlvoVBptMZU2XUZzL3t1Rw6hADpeIMCI%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.accessdata.fda.gov%2Fscripts%2Fcdrh%2Fcfdocs%2Fcfcfr%2FCFRSearch.cfm%3Ffr%3D203.3&data=05%7C02%7C%7C356f0823806d4434149c08dd13a6f8b4%7Ce95f1b23abaf45ee821db7ab251ab3bf%7C0%7C0%7C638688330067039546%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=9m7jvqJkZSLTlvoVBptMZU2XUZzL3t1Rw6hADpeIMCI%3D&reserved=0 o

• Per Section 201(g) of the FD&C Act (21 USC 321(g)) provides that the term "drug" means o

• CFR Code of Regulations, Title 21, Chapter 1, Subchapter C, Part

205 GUIDELINES FOR STATE LICENSING OF WHOLESALE

PRESCRIPTION DRUG DISTRIBUTOR

o https://www.ecfr.gov/current/title-21/chapter-I/subchapter-C/part-o

• Per the Arizona Administrative Code, Title 4 Professions and Occupations, Chapter 23 Board of Pharmacy – 4 A.A.C. 23 (PDF attached):

o Section R4-23-601 (A) General Provisions (Page 40; Notated as

Page 38 on the PDF itself):

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.ecfr.gov%2Fcurrent%2Ftitle-21%2Fchapter-I%2Fsubchapter-C%2Fpart-205&data=05%7C02%7C%7C356f0823806d4434149c08dd13a6f8b4%7Ce95f1b23abaf45ee821db7ab251ab3bf%7C0%7C0%7C638688330067063190%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=rwZ3Rn9EtgqyXJtftg%2F%2Fb9m9ah67QGiPR7nWiUGZqfs%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.ecfr.gov%2Fcurrent%2Ftitle-21%2Fchapter-I%2Fsubchapter-C%2Fpart-205&data=05%7C02%7C%7C356f0823806d4434149c08dd13a6f8b4%7Ce95f1b23abaf45ee821db7ab251ab3bf%7C0%7C0%7C638688330067063190%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=rwZ3Rn9EtgqyXJtftg%2F%2Fb9m9ah67QGiPR7nWiUGZqfs%3D&reserved=0 o Section R4-23-607 (Page 50; Notated as Page 48 on the PDF itself):

o Section R4-23-692 (Page 73; Notated as Page 71 on the PDF itself):

• Per the Arizona Revised Statutes

(https://www.azleg.gov/ars/32/01929.htm):

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.azleg.gov%2Fars%2F32%2F01929.htm&data=05%7C02%7C%7C356f0823806d4434149c08dd13a6f8b4%7Ce95f1b23abaf45ee821db7ab251ab3bf%7C0%7C0%7C638688330067076820%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=mStKQ5yXR%2BjIXnlybaLoVZKHApcwLUQN%2B7oO7NLt8Y4%3D&reserved=0

• Section 32-1929:

Answer: Specific state requirements do not apply to the Federal Government. State’s does not have jurisdiction over the Veterans Affairs (VA). VA is not a reseller.

9. CLIN for Annual Audit Requirement: Will the GOV please add a CLIN for Annual

Audit as there are costs associated with having the SDVOSB Prime Contractor sending a POC to Phoenix every contract year to perform this (travel, lodging, etc.). It is industry standard in VA multi-year contract that Contractors are able to charge/account for these annual audit costs via a provided CLIN. Additionally, PG 17 of 96 refers to (those facilities denoted with an “X” in the column titled “Annual Cylinder Audit Required yet there are no charts/lists notating facilities with an “X” Answer: Annual audit is a shared responsibility and highly encouraged. Prime contractor is not the government responsibility.

10. Electronic Data Interface Ordering: Is the facility expecting to utilize EDI as an ordering method as this is referenced in detailed in the RFQ? Note, there is a large administrative undertaking for the contractor to be set up for this ordering method.

11. DELIVERY SCHEDULE/NEGOTIATE: Is the GOV amenable to negotiate the delivery schedule for each facility with the awardee (e.g., delivery days and times)?

Answer: Delivery times were provided by using service and can be negotiated once awarded.

12. What is the utility of providing a redacted technical document and please confirm that the

VA is only asking offerors to redact their VOL II Technical Base Document and not ALL accompanying attachments included in the Technical Submission as this can be a time-consuming process? Please note that due to the file size of a redacted PDF, a separate email will be required to send the redacted document during the submission process.

13. Duplicate CLIN: CLIN 0062 is a duplicate of CLIN 0034 o CLIN 0034: NITROGEN NF LIQ 180LT 22PSI o CLIN 0062: Liquid Nitrogen NI NF180LT22

Answer: Two separate PO will be established for Research.

14. Is CLIN 0026 for Industrial or Medical Grade? The description says Industrial but the

Part # is for Medical (“NF”). If 0026 is medical grade, then both CLINs 0034 & 0062 are both duplicates of 0026 as all (3) would be for medical grade 180L Liquid Nitrogen with 22 psi.

Answer: Medical Grade

15. What is the difference between CLINs 0061 (Emergency Charge) and 0063 (Emergency Delivery)?

Answer: Three Purchase Orders will be established and two separate emergency CLINS are needed for each. This is for the Research Dept.

16. Daily Rentals mentioned: Please note, monthly invoicing/rentals is established as the invoicing procedure yet PG 10 of 96 (para 7.5.2) notates daily rentals.

Answer: Monthly invoicing/rentals will be used.

17. Submission Due Date Inconsistency: Please note, Block 8 in the SF1449 states a due date of 10-10-2024 @ 15:00 PDT Answer: It is December 5th, 2024, 15:00PT

18. Period of Performance Inconsistency: Please note, PG 5 of 96 lists a Base Year of 12/1/2024 – 11/30/2025 yet the SF 1449 lists 12/15/2024 – 12/14/2025

Answer: correct Base year 12/15/2024-12/14/2025

19. NO CLINs for Option Years: Is there a particular reason why no CLINs are provided for Option Years 1-4?

Answer: CLINS are the same for every OP YR. Pg. 21 has an Est QTY with OY 4 heading on Excel.

20. VISN 2 CBOCs included in SOW: Please note, PG 7 of 96 includes facilities that are in VISN 2 (Canandaigua, Rochester, and Clinton Crossing Locations).

Answer: This is an error. All work will be done in the following.

Southern Arizona Healthcare Systems Main Hospital the ship to address is 3601 S.

6TH Ave, Tucson, AZ 85723

Research Service account 1, the ship to address is 3601 S. 6TH Ave, Tucson, AZ

85723 BLDG 78

Research Service account 2, the ship to address is 3601 S. 6TH Ave, Tucson, AZ

85723 BLDG 10

Supply Chain Management (SCM) account 3, the ship to address is 3601 S. 6th Ave, Tucson, AZ 85723

SCM Southeast CBOC account 4, the ship to is 7395 South Houghton Road, Suite 129, Tucson, AZ 85747

SCM Sierra Vista CBOC account 5, the ship to is 101 North Coronado Drive, Suite A, Sierra Vista, AZ 85635

SCM Green Valley CBOC account 6, the ship to is 380 West Vista Hermosa Drive, Suite 140, Green Valley, AZ 85614

SCM Casa Grande account 7, the ship to is 1876 East Sabin Drive, Suite 15, Building A. Casa Grande, AZ 85155

SCM Safford CBOC account 8, the ship to is 355 North 8th Avenue, Safford, AZ

85546

SCM Yuma CBOC account 9, the ship to is 3111 South 4th Avenue, Yuma, AZ 85364

SCM Northwest CBOC account 10, the ship to is 3920 West Linda Vista Boulevard, Tucson, AZ 85742

21. Volume One Price Submission in Excel: PG 72 of 96 states that pricing must be provided in an Excel Spreadsheet in the Tab named “Items” however there is no Excel document provided.

Answer: Excel on pg. 21 can be modified or own can be provided. It is customary for Vendors to use own format if one isn’t provided.

A.2 DELIVERY SCHEDULE