S06-36C26225Q0314 0001.docx

RAS ENTERPRISES VENDOR QUESTIONS – RFQ 36C26225Q0314

States i

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)

01-21-2025

691-25-2-056-2369

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

36C26225Q0314

X

** HOUR & DATE for Receipt of Offers is EXTENDED to: 01-31-2025 15:00 PST See CONTINUATION Page 691-3650160-056-820100-2341 0100202E3

The purpose of amendment extends submission date, and answer vendor questions.

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

Please accept the below Vendor Questions from RAS Enterprises regarding RFQ 36C26225Q0314 (Greater LA VA HCS Medical Gas Cylinders):

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. CBOC ANNUAL OR MONTHLY USAGES: What are the Annual or Monthly supply requirements (by gas listed on PG 6 of 68) for all CBOCs requiring direct delivery on this contract?

Answer: CBOC’s are rolled up.

Usage Report

Actual

LINDE PART #

1. CBOC ESTIMATED ON-HAND BALANCES: What are the estimated on-hand cylinder balances (by gas listed on PG 6 of 68) for all CBOCs included in this contract?

Answer: On-hand balance has no effect on quote estimates are provided on pg.6.

1. CBOC LIQUID NITROGEN: What CBOCs require Liquid Nitrogen Open Mouth Dewar Fills and what are the Dewar Sizes (in Liters) if applicable?

Answer: Information not available currently, usage report supports quote creation.

1. DELIVERY DAYS FOR CBOCs: Are the CBOCs currently on set delivery days or does the TUE/THUR 7 am – 3:30 pm schedule notated in the SOW (PG 5 of 68) reflect the current schedule of all facilities within the HCS?

Answer: Delivery days are established by the main facility and CBOC requirements. Facilities will request as needed the delivery arrangements will be made at time of requested service.

1. VA OWNED CYLINDERS/GFE: Are any VA Owned Cylinders utilized in the HCS? If so, which facilities utilize them and how many of each GFE is owned by the VA as listed on the property books? NOTE: PG 6 of 68 notates (4) GFE Part #’s (AI M-KN, NI M-LT10N, NI M-LT25N, & NI M-LT35N).

Answer: Inventory from incoming awardee will be required to validate equipment.

1. 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: Deliveries are established by need of the government. It can be negotiated in the interest of the government.

1. MONTHLY CYLINDER RENTAL GROUPINGS: Per the table of gases/rental groupings on PGs 5-6 of 58, please confirm all gas fill line items that will fall under the following rental categories as these are Linde-Specific Part #s/Groupings so that offerors can provide accurate pricing.

1. RNTU410 – MED HIGH PRESSURE < 50CF

1. RNTU411 – MED HIGH PRESSURE < 50CF W/XRS

1. RNTU430 – MED HIGH PRESSURE > 50CF

1. RNTU471 – MED LIQUID 100-199LT

1. RNTU510 – SPEC HIGH PRESSURE < 100CF

1. RNTU531 – SPEC HIGH PRESSURE ALUM >200CF

1. RNTU545 – SPEC ULTRA HIGH PRESSURE 6K

Answer: Yes, that is the grouping.

1. ALTERNATE RENTAL GROUPING STRUCTURE: Is the GOV amenable to offerors pricing monthly cylinder rentals in an alternate structure/category than what’s currently in the table on PGs 6 of 68? See example below of Cylinder Rental Groupings by SIZE/TYPE/FUNCTION.

Answer: If awarded contract it can be discussed.

1. SEPULVEDA AS A VAMC NOT AN ACC: Please confirm if the Sepulveda facility (in Lancaster) is a VAMC or an ACC as it’s listed in the RFQ as an ACC (listed as Lancaster CBOC in the CLIN descriptions) yet VA.gov lists it as a VAMC.

9.

Answer: Sepulveda is an ACC and Lancaster is a CBOC.

1. Please confirm if the Integrated Valve Oxygen E Cylinders must be MRI Conditional as the (2) Linde-specific line items are for MRI Conditional Integrated Valve Oxygen E Cylinders (OX M-AEGNOPTI & OX M-AEGNGVNTG)?

1. What are the anticipated effects on transition and serviceability given the Palisades Wildfires which as of today (1/15/2025), are on a spreading path towards the VAMC on Wilshere BLVD, the Evacuation warning zone is only miles from the VAMC, and news reports are stating that the VAMC has been evacuating patients?

Answer: Service is still being provided.

11. Per State of California Department of Forestry and Fire Protection as of 1/15/2025: https://www.fire.ca.gov/incidents/2025/1/7/palisades-fire

Answer: Service is still being provided.

1. CLINS WITH QTY (0): What is the rationale/purpose of soliciting line items with a QTY of (0) when the GOV’s intent is to evaluate via Price Only? For reference, PG 6 of 68 lists (3) Gases with a QTY of (0): NS M-AE, OX M-E, & OX M-K which are all common cylinders, and the GOV is already underfunding this award for these line items.

Answer: Although it has not been used potential exists and want Contractor to be aware and prepared to provide. Underfunded is not an accurate statement government funds will be made available once fair and reasonable price has been determined based on bids in comparison with ICGE.

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 values threshold listed on PG 9 of 68 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 incorporated by reference in this RFQ on PG 22 of 68

13.

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. EMERGENCY DELIVERY REQUIREMENTS: Will the GOV please amend this requirement to fit industry standard which is the offeror must RESPOND within (2) hours and delivery within (24) hours as it is unreasonable to expect delivery within (2) hours in a major metropolitan area plus there are certain gas items that physically can’t be delivered same day due to fill process, validation, and certification (e.g., Liquid Nitrogen Dewar Fills)? Not to mention, this HCS is currently in the middle of a disaster area due to the spreading Palisades Wildfires (only 19% contained as of 1/15/2025). Additionally, the driver may have to go back to the branch/fill plant to meet the emergency order as there’s no guarantee the driver will have the required gas or QTY already on the truck.

Answer: Current events are not the norm and should not be used to evaluate and change a requirement. Emergency situations will be addressed as they arise.

1. NFPA REQUIREMENTS REGARDING CYLINDER STORAGE/SECURITY: Will the GOV please remove the following underlined language on PG 5 of 58 as NFPA regulations require the facility personnel to ensure they are compliant with safe storage regulations? This is not the Driver’s responsibility to ensure tank storage areas are locked/secured.

· PG 5 of 68: “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” Answer: It is a requirement being established.

1. MOST RECENT CYLINDER AUDIT: When was the most recent VAMC Cylinder Audit completed, and can the GOV please provide a copy of this document (with any vendor-proprietary info sanitized)?

Answer: Audit is incoming contractor responsibility previous data will be share to awardee.

1. LICENSING REQUIREMENTS OF THE OFFEROR TO COMPLY WITH FEDERAL REGULATIONS: Please confirm that the offeror must comply with FDA/Code of Federal Regulations at the time of bid submission in order to meet the requirements of the Statement of Work in this RFQ (wholesale distribution of medical grade oxygen/compressed gases which medical grade oxygen is defined by the FDA as a prescription drug) as the bid states multiple times that the offeror must be compliant with federal, state, and local regulations to include licensing?

17. PG 9 OF 68 under LICENSING, AUTHORIZATION, AND SELLING PERMISSIONS:

0. “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”

0. “All medical gases provided in this contract shall be medical grade and shall comply with all applicable FDA, CGA, DOT, and all other federal, state, and local acts, regulations, codes, and standards regarding their manufacture, testing, transportation, shipping, and packaging. 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”

17. PG 18 OF 68 under FAR 52.212-4

1. “(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. INFO ONLY - REFERENCE INFORMATION REGARDING FEDERAL WHOLESALE DISTRIBUTION LICENSING REGULATIONS BY THE FDA & IN THE STATE OF CALIFORNIA:

· CFR Code of Regulations, Title 21, Chapter 1, Subchapter C, Part 205 GUIDELINES FOR STATE LICENSING OF WHOLESALE PRESCRIPTION DRUG DISTRIBUTOR

· https://www.ecfr.gov/current/title-21/chapter-I/subchapter-C/part-205

· Per the Food and Drug Administration, Code of Federal Regulations Title 21, definition of a Wholesale Distributor. Based on the SOW and requirement of the offeror to sign VAR 852.219-76 (Certificate of Compliance affirming that the offeror takes ownership/possession of the product in accordance with industry standards), the SDVOSB offeror qualifies as being a Wholesale Distributor (restated, medical grade/US Pharmacopoeia Oxygen is defined as a prescription drug).

· https://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/CFRSearch.cfm?fr=203.3

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

0. State of California Board of Pharmacy Licensing Requirements for Wholesale Distributors (in accordance with CFR 21 Title 21, Chapter 1, Subchapter C, Part 205 as there is no “federal” license):

· California State Board of Pharmacy Wholesaler/Nonresident Wholesaler License info: https://www.pharmacy.ca.gov/applicants/wls.shtml

· The above link also includes a link to the 2025 State of CA Lawbook: https://www.pharmacy.ca.gov/laws_regs/lawbook.pdf

· Per PG 222 of 879 of the 2025 State of CA Lawbook, Article 11. Wholesalers, Third-Party Logistics Providers and Manufacturers:

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

1. PRICE-ONLY EVALUATION: What is the rationale for Evaluation via “Price-Only” for a highly technical statement of work supplying a critical hospital function such as medical grade oxygen for human consumption (defined by the FDA as a prescription drug) especially during the middle of a disaster area (Palisades fires)? How is the GOV going to verify that the offeror is technically capable and compliant to meet the requirement if the GOV is awarding solely by which SDVOSB offeror provides the lowest price?

Answer: The contracting officer is responsible for evaluating the reasonableness of the offered prices.

1. INSTRUCTIONS TO OFFERORS: PGs 44-45 of 68 list the submission requirements however there is a VOLUME 3 provided yet no VOLUME 1 or 2. Is there any VOLUME 1 or 2 or is this a typo?

Answer: Typos provide Volume 1 and 2.

1. # OF DAYS TO INVOICE: PG 5 of 68 states that “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. ” 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: Revised to first (10) business days of the following month.

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