S06-1st amendment 36C26225Q0126 0001.docx

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)

11-20-2024

501-25-1-3107-0002

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

36C26225Q0126

X

** HOUR & DATE for Receipt of Offers is EXTENDED to: 11-25-2024 15:00 PST See CONTINUATION Page 501-3650160-3107-820100-2631 0100201G3

The purpose of amendment 0001 is to:

Extend the Proposal Submission date Answer Contractor questions 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.

Victor Oliveros Contracting Officer

VA-VHA-RPOW-2024-0112

CONTINUATION PAGE

A.1 PRICE/COST SCHEDULE

ITEM INFORMATION

A.2 DELIVERY SCHEDULE

Complete and submit offers by November 25, 2024, 15:00 PT, question must be received by NLT November 22, 2024, 12:00 PT.

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

1. PERIOD OF PERFORMANCE: What is the GOV’s rationale for only a one-year period of performance from 01/04/25 to 01/03/26 as opposed to a Base Plus Options? Is a longer contract option being delayed because the VA will be releasing a multi-VAMC RFQ after this contract had ended (e.g., VISN-wide)?

Answer: Using service only requested a one year. The litigious nature of these procurements and likely hood of protest delay award.

1. CLINs / REQUIRED GASES:

· CLIN 0001: PG 21 of 78 in the RFQ includes a lump sum CLIN for the “DELIVERY OF MULTI-CYLINDER MEDICAL GAS TO CENTRAL SUPPLY.” What is the GOV’s rationale for grouping all items for all facilities under a singular CLIN 0001 for a quantity of (1) year instead of CLINs for each item notated on PGs 77-78, especially when PG 7 (Section 5.2) also states that “the government shall be billed only for the actual amount of gas delivered”? Based on this structure, the offeror can only invoice once per year even though industry standard for invoicing is monthly which is also referenced in the RFQ. The costs for delivering medical gas cylinders to all required locations within the Healthcare System will result in fluctuating monthly costs, not a flat annual rate. With the function of the SOW’s requirements, including billing only for actual amounts of gas delivered, offerors cannot price a flat annual rate.

· Please note that the VA included an itemized list of CLINs on PGs 77-78 of the RFQ but did not provide any reference to or instructions on pricing that list, nor were any unit price fields provided per line item.

· Without clarity on the GOV’s expectations and only CLIN 0001 provided for pricing, please confirm how offerors are to accurately price this opportunity’s requirement. We request that the required gases/cylinders be provided in itemized CLINs that reflect the RFQ’s individual gas requirements as depicted on PGs 77-78 of the RFQ.

· CBOCs: The list of facilities that require direct delivery is included on PG 16 of 78 (Section 10.3), but there is no identified list or provided CLINs for what gases each CBOC/Clinic requires. As a result, and for Contractor’s to prepare to meet each CBOC’s needs, please provide the estimated monthly or annual cylinder fill requirements for each CBOC by CLIN, as well as the estimated on-hand balances for all cylinder types and quantities at each location by CLIN. These items are critical in allowing offerors to provide their most competitive pricing quote.

Answer: Station rolled up the numbers and based them on consumption rate/projections. Pg. 77-78 have the CLIN used since ordering will be conducted based on the IDIQ model. They used the ICGE as the template provided by current contract holder.

1. RENTALS:

· RENTAL PERIOD: PG 10 of 78 (Section 7.5.2) states that “Contractor shall take note of the ending balance at the end of each rental period and assess the monthly charges for that rental period based on that ending balance” but follows that sentence with “Rental pricing shall be assessed using the CLIN prices for daily rental of cylinders.” Contradicting information is included between the (2) statements with the VA instructing Contractors to assess “monthly” and “daily” rental charges. Monthly rentals are again addressed on PG 19 of 78 (Section 16.1) under “Invoices,” which states that “Rentals will be paid and invoiced on a monthly basis in arrears.” Please confirm that rental charges will be assessed on a monthly basis.

· RENTAL SUMMARY: PG 10 of 78 (Section 7.5.3) 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 COR(s)…” 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. Hence, 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: SOW will reflect change to 10 days.

1. RESEARCH: Is the Research Department’s Cylinder Gas needs included in this RFQ (BLDG 10) or is that being solicited separately?

Answer: That has not been requested.

1. GFE CYLINDERS:

· GFE REQUIREMENTS: PGs 8-9 of 78 (Section 6) includes the “GFE – Medical Gas Cylinders” section of the RFQ. However, there only GFE cylinder notated on PGs 77-78 is Item 0038 (NI NF230LT230C). Because there is only (1) GFE included and all of Section 6 is referring to GFE cylinder requirements, please confirm if the VA has additional GFE cylinders at the facility that offerors are required to price? Or does the VA plan to purchase additional GFE cylinders during the period of performance?

· NOTE: If there are additional GFE cylinders on site at the facilities, please provide a detailed list of all types and quantities listed on the VA’s property books.

· GFE REPLACEMENT RATES: PG 9 of 78 (Section 6.2) states that “A regular review of VA’s tracking of the cylinders shall be used to determine if the Contractor lost any government-owned medical gas cylinders and appurtenances” and that “The Contractor will be responsible to pay for lost or damaged government-owned medical gas cylinders and appurtenances at agreed upon rates identified in the contract.” Please detail the VA’s tracking system for cylinders that “shall be used to determine if the Contractor lost any government-owned medical gas cylinders” and please identify the applicable replacement rates for all anticipated GFE cylinders so that offerors may review.

Answer: Contractor is responsible to conduct inventory within 30 days of award with a government representative.

1. ALTERNATE CYLINDER FILL PRICING FOR CBOCs: Due to several CBOCs being located in rural areas (e.g., Raton CBOC is 230 miles from the VAMC close to the NM/CO border) and distribution being the highest cost in the medical gas industry, will the GOV allow offerors to price Gas Fills separately for the VAMC & CBOCs based on what gases are required by the CBOCs (requested in #3)? Alternatively, will the GOV be amenable to a delivery fee applicable just for the CBOCs? Additionally, CBOCs tend to order infrequently and for low volumes, so it can be potentially quite costly on the vendor to meet this requirement. If the GOV wants offerors to price (1) cost for each Gas applicable to all facilities on contract, then the GOV ends up paying the highest price across the board instead of the most competitive price available.

Answer: ICGE was created with historical date provided by current contract. Upcharge is not fair and reasonable to the government.

1. PG 12 of 78 in the RFQ (Section 8.1) states that “The Contractor shall provide an orientation meeting and training for each of the three (3) main VA facilities within 20 business days of contract award. This orientation meeting will cover information on delivery, orders, Contractor’s points of contact, etc.” Can the GOV please clarify what the (3) main VA Facilities are given there is (1) VAMC & (7) CBOCs involved in this RFQ?

Answer: 1 Main location VAMC in Albuquerque and 13 CBOC’s.

1. DELIVERY REQUIREMENTS: PG 15 of 78 in the RFQ (Section 10.1.2) requires that the delivery tickets for contractor-provided cylinders include the “Contract Number” and the “Facility PO Number.” As this RFQ is an SDVOSB set-aside with the resulting Prime Contractor being an SDVOSB business working with a supplier/subcontractor to deliver contractor-provided cylinders, this is a nonstandard requirement. The Subcontractor working for the Prime Contractor will not be privy to any information specific to the contract between the VA and the Prime Contractor, including having the Contract Number and the Facility PO Number on the supplier-derived delivery tickets. This language reads as if the VA’s expectation is for a direct supplier/large business to be in day-to-day control of the contract’s operations with access to the VA contract information, which is not the case for an SDVOSB awardee under an SDVOSB set-aside contract. Request to remove the requirement for this information to appear on the delivery tickets as it is nonstandard in SDVOSB Prime Contracts for medical gas.

Answer: The requirement is not bypassing SDVOSB.

1. ELECTRONIC DATA EXCHANGE (EDI): EDI and its operational requirements are referenced throughout Section 9 under “Ordering Processes” in the RFQ (PGs 12-15). However, it’s also mentioned that orders may be placed “without the use of EDI ordering processes” in the same section. It’s nonstandard and highly unusual for a facility to mix and match EDI ordering processes with non-EDI ordering processes. Please confirm if the facility will be ordering through EDI on the contract resulting from this Solicitation as this is requires a great deal of set up between Contractor/Facility prior to operation.

Answer: It is a discretionary tool that is available to the VA.

1. CYLINDER INVENTORY REQUIREMENTS: PG 18 of 78 (Section 14) states that “Cylinder inventory audits, conducted annually, at each of the main VA facilities, generally require a minimum of one day with at least one vendor representative present while the audit is conducted (those facilities denoted with an ‘X’ in the column titled ‘Annual Cylinder Audit Required.’” However, there is no list provided in the RFQ that shows facilities “denoted with an ‘X’” that require an annual cylinder audit. Please clarify. Additionally, an End of Contract audit will already be conducted given this is a 1-year POP.

Answer: The main facility would be the required.

1. TECHNICAL REQUIREMENTS: PG 51 of 78 requires that offerors submit (2) versions of their Technical Submission – a redacted copy and an unredacted copy. As this can be a time-consuming process, please confirm that the VA is asking offerors to redact their VOL II Technical Base Document as well as ALL attachments included in the Technical Submission. Or please clarify if only the Base Document is required to be redacted. Please note that due to the file size of a combined and redacted PDF that includes all Technical files, a separate email will be required to send the redacted document during the submission process.

Answer: Provide base document.

1. COMPLIANCE: Please confirm that the offeror must comply with all federal, state, and local regulations required of the offeror in order to meet the requirements of the statement of work as stated in FAR 52.212-4, Contract Terms and Conditions—Commercial Products and Commercial Services (Nov 2023), as found on PG 26 of 78 in the RFQ. More specifically:

0. FAR 52.212-4, para. (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.”

0. Please also confirm who the GOV entity is that enforces and ensures compliance with these RFQ terms.

Answer: A government contracting officer is a designated individual responsible for executing, managing, providing, and overseeing contract is being executed in accordance with agreed upon contract on behalf of the government agency.

1. EVALUATION: The SF1449 states that bids will be evaluated on a lowest-price, technically acceptable basis, but PG 59 of 78 in the RFQ includes 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 that the evaluation basis is LPTA or what factors will be considered in evaluating offers as “most advantageous” and how those factors will be weighted. If LPTA, what is the GOV’s rationale for awarding to the lowest priced offeror that meets the bare minimum instead of what offer brings the most value for such a critical hospital function such as Medical Grade Oxygen (classified by the FDA as a prescription drug) for Veteran Consumption?

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

(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.

1. INSURANCE REQUIREMENTS: 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 and not just the dollar value threshold listed on PG 6 of 78 in the RFQ? How do offerors confirm to the GOV that they have the correct type of Liability Insurance, and does this need to be affirmed at the time of bid submission (if not, an awarded firm could be turned down or not be able to afford this coverage in the amounts the GOV requires, respective to NAICS 325120)? This is important because there are very few underwriters that will insure small businesses for the 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 included on PGs 28-29 of 78 in the RFQ.

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.

1. LOSS OF USE FOR CONTRACTOR-OWNED CYLINDERS: There is language for how the VA will account for Loss of Use on PG 11 of 78 (Section 7.5.5) in the RFQ. The included language has been suggested to the VA in previous RFQs in VISN 22; however, the suggested language has been altered on PG 11 (please see highlighted lines in the image below to review information removed from this RFQ for the New Mexico VA HCS). The importance of the removed/altered language cannot be overstated because the rental charges can’t be removed before the GOV issues a PO (which provides “intent to pay”). There is no incentive for the GOV to pay their LOU invoice based solely on counts that are “agreed upon.” Please confirm that the GOV’s interpretation of “agreed upon” involves issuing a Purchase Order for Payment as typically Cylinder Balances are not removed until a Purchase Order is issued. To protect Contractors who must front these charges with their suppliers in order to continue delivering medical gases, to ensure compliance with the Prompt Payment Act, and to establish accountability procedures for the VA, we request that the VA add the relevant language back that the rental charges will be removed once an LOU PO has been issued to the Contractor as a commitment to pay the charges (note Just in Time is not included in this RFQ for New Mexico VA HCS).

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.

1. SECTION B.1: PG 3 of 3 (Section 2.B) in the Solicitation Notice attachment requires offerors to submit Section B.1 (Vendor Information with SAM UEI Number), but there is no Section B.1 provided following the SF1449 in the RFQ. Please clarify whether the GOV will be providing this form or if the SF1449 and required Cover Sheet will suffice.

Answer: SF1449 and required Cover Sheet will suffice.

1. DELIVERY SCHEDULE: PG 3 of 3 (Section 2.B) in the Solicitation Notice attachment requires offerors to submit the Delivery Schedule found on PG 21 of 78 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 21):

1. COMMENTS:

· VISN 2 LOCATIONS: PG 7 of 78 (Section 5.2) in the RFQ includes references to VISN 2 locations in the following statement: “This procurement is for a Vendor to provide medical gas for our Canandaigua, Rochester (ROPC), and Clinton Crossing (CCX) locations …”

· SOUTHERN AZ VA HCS: PG 12 of 78 (Section 9.1) in the RFQ references the Southern AZ VA HCS in the following statement (in lieu of the New Mexico VA HCS): “Ordering Officers (OOs) and Contracting Officers (COs) shall be authorized to place orders against this contract for the VA facilities located in VISN 22, VA Southern Arizona Healthcare System.”

Please confirm receipt. As the incumbent provider, adding directly delivery to the CBOCs is a significant change from what occurs historically (currently the VA shuttles cylinders internally from the VAMC to CBOCs), thus costs are going to be much higher if the VA requires offerors to give (1) price for every gas applicable to all facilities (VAMC & CBOCs) in this RFQ.

Answer: Canandaigua, Rochester (ROPC), and Clinton Crossing (CCX) locations is a typo. Southern AZ VA HCS is also a typo. Oversight since CO is conducting various procurement and is using same format.

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