36C26225Q0571 0001.docx

VENDOR QUESTIONS – RFQ 36C26225Q0571

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)

03-14-2025

691-25-2-056-2027

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

36C26225Q0571

X

See CONTINUATION Page 691-3650160-056-820100-2632 0100202E3

This amendment is to:

Answer Contractor questions.

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

Anthony Dela Cruz Contracting Officer

VA-VHA-RPOW-2024-0101

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. Please verify the Main & Reserve tank sizes and ownership at BLDGs 218 & 500 as PG 5 of 64 mentions “Bulk oxygen storage located adjacent to Buidlings 218 / 500 and other locations as directed by the Facilities Management Engineer” yet PG 6 of 64 notates only one set of tanks sizes as “The current main tank, when full, holds 3000 gallons of liquid oxygen, and the reserve tank holds 500 gallons of liquid oxygen.” Previous RFQ iterations for this requirement (e.g., WSNC BPA # VA26017A0046 & RFQ 36C26225Q0029) have notated multiple bulk oxygen tank sites with tank sizes provided.

· WSNC BPA (VA26017A0046):

· Additionally, during RFQ 36C26225Q0029, it was notated that there are (2) Bulk Oxygen tank sites at the VAMC Los Angeles requiring Oxygen supply (see sizes bulleted below) yet restated this RFQ notates one set of tank sizes (3,000 Gallon Main with a 500 Gallon Reserve).

· 9,000 gal / 3,000 gal - Government Owned

· 1,500 gal / CYL Reserve - Contractor Owned (Airgas) Answer: Tanks requested on this RFQ was identified as the requirement.

3. What are the current tank set points for the Main and Reserve tanks at all sites (in inches) for FULL TRYCOCK, REORDER POINT, REFILL POINT, & LOW-LEVEL ALARM?

Answer: SME was not available to provide information. This doesn’t interfere with ability to provide bid.

4. What is the average daily oxygen usage (in inches) for all tank sites?

Answer: That will vary by need of each site and patients needing oxygen it will vary therefore we could only provide a general estimate.

5. What is the estimated annual usage broken down for all tank sites, that equates to the CLIN 0001 annual usage of 90,658?

Answer: reference 4.

6. Has there been any history of vaporizers icing up due to high volume (common occurrence during the pandemic)?

Answer: Engineering was not able to verify if this has occurred. This has no bearing on ability to produce bid.

7. Are there any planned construction projects on site that may hinder delivery access at any site?

Answer: Not currently that would impact this requirement.

8. Can the GOV provide pictures of the bulk tanks, tank gauges, and data plates for both Main & Reserve?

Answer: Facility hesitant to release picture.

9. EVALUATION OF PRICE ONLY: What is the rationale for price being the only factor considering the highly technical statement of work to supply a critical hospital function such as medical-grade oxygen for human consumption (defined by the FDA as a prescription drug)? 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: Price Only is at the discretion of government. By validating the offeror's status in the SBA's Veteran Small Business Certification database.

10. FACILITY-MAINTAINED ALARM SYSTEM: PG 6 of 64 in the RFQ (Section 3.1) states that “The contractor will perform the hook-up of contractor owned equipment to the facility-maintained alarm system.” Please note that the industry standard is for the supplier/install technician to “assist” a VA Electrician in the hook-up (physical hook-up must be completed by a VA Electrician; supplier/install technicians cannot directly hook up the alarm system due to liability reasons). Language used in other Bulk Oxygen bids regarding this same topic includes: “The Contractor shall assist VA electricians with hooking up the facility-maintained alarm system, consistent with NFPA 55 & 99 code requirements.” We request that the sentence on PG 6 of 64 requiring the contractor to perform the hook-up of equipment to the facility-maintained alarm system be replaced in the SOW with language specifying that the contractor will “assist” a VA Electrician, in accordance with industry practices and other recent VA RFQs for Bulk Oxygen (see examples below):

Answer: Requirement is based on the governments need. Contractor must be able to meet requirements.

· RFQ 36C24725Q0265 (Bulk Oxygen for VAMCs Atlanta, Birmingham Montgomery, & Tuskegee)

· PG 6 of 76:

· RFQ 36C24625Q0079 (Bulk Oxygen at VAMC Salem)

· AMEND 0001 Q&A:

· RFQ 36C25924Q0837 (Bulk Oxygen at VAMC Salt Lake City) Answer: Requirement is based on the governments need. Contractor must be able to meet requirements.

11. When were the most recent annual inspection, and will the GOV provide a copy of this report?

Answer: Station was not able to provide, not producing this document has no bearing on ability to compete.

12. Will the facility primarily be placing bulk oxygen deliveries as needed or is redelivery expected to be automatically scheduled as a function of telemetry reaching the reorder/refill points on the tank gauges?

Answer: Orders will be placed as needed.

13. Confirm if the transition is (60) or (90) days as PG 7 of 64, para 6.3 notates contradicting information

· PLEASE NOTE: If this contract includes the installation of contractor-owned equipment it shall include a ninety (60) day transition period at the end of the contract which the incumbent contractor shall continue to provide medical gases and associated products while the incoming contractor is transitioning over.

Answer: Transition period will be 60 days.

14. CLIN Corrections in Excel Price Worksheet:

· COMMENT: The Unit of Issue for CLIN 0003 (Monthly Telemetry Fee) should be per MONTH and not per CYL.

Answer: Change will be made to reflect Month.

15. PG 7 of 64, para 6.5, please confirm this is meant to be CCF and not gallons.

· This solicitation is for an Base plus 4 option years the quantities shown in the solicitation schedule are estimates (3,000 to 98,000) gallons of the facility’s annual requirement Answer: Yes, these are estimates.

16. EMERGENCY DELIVERY: How does the GOV account for costs incurred by the Contractor for emergency delivery request that are not due to fault of the contractor? Request the GOV adds an Emergency Delivery Fee CLIN or authorizes Purchase Card use for any emergency scenarios.

Answer: Emergency will be managed as they occur and payment will be managed accordingly.

17. EMERGENCY DELIVERY PROCEDURES (PG 8 of 64, para 6.10): Please clarify that the GOV is stating Emergency Delivery or Repair must be completed within (24) hours with response in less than (2) hours:

· Emergency delivery and/or repairs shall be provided within four (4) hours after receipt of Government notification and deliver within 24 hours. Contractor must respond to the facility by either telephone or email within two hour to confirm receipt of emergency notification to ascertain the nature of the emergency.

Answer: Emergency response will be within 2 hours and delivery within 24 hours.

18. DELIVERY HOURS: What is the delivery window in which vendors can make Buk Oxygen deliveries (must have VA personnel available to verify/sign off on Proof of Delivery)? The SOW does not address this.

Answer: Monday through Friday 7:00am-4:30pm.

19. INSURANCE REQUIREMENTS: There is no mention in the RFQ of a requirement for the Offeror to be adequately insured to meet the Statement of Work (Wholesale Distribution of Medical Grade Oxygen, a prescription drug). 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 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.

Answer: Contractor will provide required documentation upon request from government.

20. LICENSING REQUIREMENT: Please confirm that the SDVOSB offeror must comply with the 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 where 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.

· PG 9 of 64 (Section 8.1):

· PG 18 of 64 under FAR 52.212-4:

0. “(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:

· LINK: 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).

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

· LINK: https://www.pharmacy.ca.gov/applicants/wls.shtml

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

· LINK: https://www.pharmacy.ca.gov/laws_regs/lawbook.pdf

Answer: Contractor will provide required documentation upon request from government.

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