36C26225Q0571 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)

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. PERIOD OF PERFORMANCE: There is a contradiction in the RFQ for the Base Year period of performance. PG 5 of 67 (Scope) lists both 4/1/25-9/30/25 and 5/1/25-4/30/26 as the Base Year period of performance. Please clarify which date range will be the Base Year for the contract resulting from this solicitation.

Answer: 4/1/25-9/30/25

3. DELIVERY DAYS: Do any of the facilities in this RFQ have established delivery days currently? (e.g., MON/THUR or TUE/FRI). A service window for deliveries is provided on PG 8 of 67, but no delivery days are notated.

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

4. EMERGENCY DELIVERY PROCEDURES: PG 8 of 67 (Delivery Requirements) states that “Government facility personnel will be available for receipt of emergent cylinders requested up to the sixth hour after notification. This service shall be provided at a fair market value fee.” Does this represent 6-hours post emergency request or 6-hours after the facility’s regular receiving hours has passed? Please clarify what this requirement means as it’s unclear. Also on PG 8, it states that emergency deliveries are to be delivered within (24) hours, so why will personnel only be available “up to the sixth hour after notification”? Please clarify the timeline in which VA personnel will be available to receive emergency orders during the 24-hour window allotted for emergency deliveries.

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

5. VA INVENTORY REQUIREMENT: PG 15 of 67 (Reviews) states that the “POC or Facility POC will conduct a quarterly inventory to reconcile the number of cylinders on hand to the number of cylinders held on the ledger.” Is the facility currently performing internal quarterly audits and will the VA please share a copy of the most recent audit balances?

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

6. CONTRACTOR INVENTORY REQUIREMENT: PG 7 of 67 (Contractor Responsibilities) states that the “Contractor shall, in conjunction with medical center staff, provide a minimum of one (1) on-site inventory per year per medical center as requested by the medical center.” The standard requirement within the industry is an annual inventory, not a minimum of an annual inventory, especially when the VA is conducting quarterly internal inventories. Please clarify this requirement and confirm that the Contractor will only be required to conduct one inventory per contract year. Industry is no more than (1) audit annually, unless there is a disagreement between VA/Contractor regarding the count and the facility requests the Contractor to re-audit (for a fee).

7. TRANSITION TIMELINE: PG 16 OF 67 (Transition Period) states that “The transition period for the awarded Contractor to have all required medical gas cylinders, peripherals, accessories, labels, training, inventory, installation, etc., transitioned and fully operational shall be within 30 calendar days after approved transition plan.” We ask the GOV to please revise this requirement to allow Contractors (60-90) days to transition services for the Healthcare System due to the technical requirements and to align with other recent VA opportunities. Because medical gas transitions are highly technical and event-based, not time-based, the standard timeline within the industry is 60-90 days for a transition however they can take less time if all parties work together. Additionally, multiple RFQs (including in VISN 22) have been released recently that do not require a restrictive, 30-day transition, including the following:

· Per the Medical Cylinders RFQ for the Long Beach VA HCS (36C26225Q0393):

· Per the Medical Cylinders RFQ for the VAMC Salem (36C24625Q0150):

Answer: 60 days will stand and at time of award IF additional time is required it can be discussed.

8. EVALUATION: The evaluation provision on PG 50 of 67 in the RFQ states that the evaluation factor will be “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? Does the GOV require any technical submission (technical capability required to be provided per PGs 6 & 16 of 67 in the RFQ)? The “Price Only” evaluation metric directly contradicts the technical requirements specified in the Statement of Work, including:

· PG 6 of 67 (Contractor Responsibilities) states that the “Contractor shall be qualified and have the required levels of professional and technical experience to perform the work required by the statement of work.”

· PG 16 of 67 (Transition Period) states that the offeror’s Transition Plan “will be evaluated along with quote.”

Answer: It is the governments discretion.

9. Will the GOV please clarify what the RFQ is referencing as “(see paragraph 2.7)” on PG 12 of 67, under LOST OR DAMAGED CONTRACTOR OWNED CYLINDERS, as there is no paragraph 2.7 in the RFQ?

· “The VA will obtain access to all pertinent areas and escort the Contractor personnel for the purpose of counting existing contractor owned cylinders at the specific VA facility. (see paragraph 2.7) 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.”

Answer: Disregard statement it is an error.

10. Please confirm that the following (6) Gas Items are all Customer Owned based on the “C/O” notated in the gas description? PG 6 of 67 states the cylinder ownership will be identified as either (G), (C, or (C/G) yet these identifiers are not provided/notated in the RFQ.

1) NITROGEN MEDICAL NF 200 CGA 580 C/O

2) NITROUS OXIDE USP 200 CGA 326 C/O

3) OXYGEN USP 200 CGA 540 C/O

4) OXYGEN USP EA CGA 870 C/O

5) OXYGEN USP SZ M6 C/O

6) LD .3% CM/.3% ME/21% OX/NI 200 C/O

Answer: Information not readily available, yet this lack of information doesn’t detract form ability to quote.

11. How many of each Customer Owned Cylinder (by line item) does the VA own on the VA’s property books?

Answer: This will be validated upon award and inventory.

12. Are Customer-Owned Cylinders utilized at any facility other than the VAMC?

Answer: Yes.

13. Will the GOV please clarify what this line item requirement is for the ACC in the pricing worksheet?

· Hg Medical Cpap Supplies -- FLTR FOR 503 WITHDRAWAL TB Answer: It is a requirement currently being provided it is a Hg Medical Cpap Supplies Airgas provides them.

14. What are the gases/rentals required to price for the Murietta CBOC, Hemet CBOC, and Palm Desert CBOC facilities as the VA-Provided Worksheet omits these (3) CBOCs yet includes VAMC, ACC, & Women’s Health Center?

Answer: Those numbers are rolled up in main facility number .

15. Please confirm that the “Redlands Women’s Health Clinic” is actually the North Loma Linda VA Clinic?

Answer: Yes.

16. Please confirm the “VA Loma Linda Ambulatory Care Center” (actually called Loma Linda VA Clinic per VA.gov) requires delivery under this contract as it is not included anywhere in the RFQ, other than “REDLANDS ACC BUILDINGS” in the lump sum CLIN descriptions, yet the VA-provided Price Worksheet provides (8) Line items to price specific to the ACC?

0.

Answer: Yes.

17. Please confirm that the “Palm Desert CBOC” listed in the RFQ is actually called the Sy Kaplan VA Clinic per VA.gov?

0.

Answer: Yes.

18. Regarding the VAMC, will the GOV please add corresponding FILL CLINs for the following Rentals as there is no Fill Equivalent for the same gas item?

0. CYL CARBON DIOXIDE USP 20 POUND CGA 320

0. CYL CO2 USP MEDICAL D CGA 940

0. CYL NITROGEN NF LIQ 160LT 22PSI

0. CYL NITROUS OXIDE USP 20 LBS

0. CYL NITROUS OXIDE USP E CGA 910

0. CYL OXYGEN USP 125

0. CYL OXYGEN USP MEDICAL PURE 200 CGA 540

0. CYL BAC 5 % OX/10 % CD/NI E

0. CYL BAC 5 % HY/5 % CD/NI 200

0. CYL LD 0.3 % ME/0.3 % CM/21 % OX/NI 200

Answer: Worksheet provides for pricing.

19. Regarding the VAMC, will the GOV please add a corresponding RENTAL CLIN for the following Fill as there is no Rental Equivalent for the same gas item?

1) HELIUM UHP SIZE 6K

Answer: Worksheet provides for pricing.

20. Regarding the ACC, will the GOV please add corresponding FILL CLINs for the following Rentals as there is no Fill Equivalent for the same gas item?

1) CYL NITROGEN MEDICAL NF 200 CGA 580

2) CYL NITROUS OXIDE USP 20 LBS

3) CYL OXYGEN USP MEDICAL PURE EA CGA WOB

Answer: Worksheet provides for pricing.

21. Regarding the “Women’s Health Center, will the GOV please add a corresponding FILL CLIN for the following Rental as there is no Fill Equivalent for the same gas item?

1) CYL OXYGEN USP MEDICAL PURE EA CGA WOB

Answer: Worksheet provides for pricing.

22. LIQUID NITROGEN REQUIREMENTS FOR VAMC/CBOCs: What are the “Dewar” Sizes (in Liters) required by facility/department as notated on PGs 10-11 of 67 as there are no Liquid Nitrogen Dewars listed in the Price/Cost Worksheet (only VGLs of 160/180 Liters)?

23. Is there a Research Department at the VAMC that requires gas delivery?

Answer: No.

24. Where in the VA-Provided Pricing worksheet are the VA Owned Integrated Valve Oxygen E Cylinders as notated as a fill requirement on PG 9 of 67:

Answer: This is an error disregard.

25. Will the GOV please add an Emergency Delivery CLIN to account for costs incurred by the contractor that are not due to fault of the contractor? This is standard for Medical Gas Contracts under NAICS 325120.

Answer: Emergency deliveries will be added.

26. ANNUAL AUDIT CLIN: Will the GOV please add a CLIN for Annual Audit for the VAMC (CBOCs typically self-audit unless on-hand balances are higher than average) as there are real-world costs associated with having the SDVOSB Prime Contractor send a POC to the VAMC each contract year to perform this (travel, lodging, etc.)? It is common in the industry in VA multi-year contracts that Contractors are able to charge/account for these annual audit costs via a provided CLIN Answer: It is in the interest of contractor to validate and required as part of contract. Not at government expense.

27. 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 listed on PG 25 of 67 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 on PG 33 of 67.

Answer: Upon request from government contract must provided proof.

28. BULK LANGUAGE: What is the relevance of any language specific to bulk oxygen in the RFQ as it is not applicable to the contract that will result from this solicitation? Request for removal of any language specific to Bulk Oxygen. The RFQ is only soliciting for Medical Gas Cylinders, but the following Bulk Oxygen language/requirements are included:

· PG 5 of 67 (Scope) states that “Provide main and reserve tanks as well as provide medical gas products, tank and alerting systems, inspection, calibration of flowmeters, and annual certifications of all tank/flow/pressure gauges and ALL associated alarm system.”

· PG 6 of 67 (Contractor Responsibilities) includes the timeframe for emergency deliveries and the “repair of liquid systems.” The “repair of liquid systems” language is in reference to a Bulk Oxygen solicitation/contract.

· PG 13 of 67 (Quality Assurance Specifications) includes the following bulk language referring to a required Certificate of Analysis:

Answer: Disregard

29. LOSS OF USE FOR CONTRACTOR-OWNED CYLINDERS: What are the procedures to account for Loss of Use (LOU) costs for contractor-owned cylinders lost while in the VA’s possession? There is provided language on PG 12 of 67 in the RFQ specifying that the GOV will pay its LOU invoice following a joint cylinder audit between the Prime Contractor and the VA, but there is no language detailing HOW the GOV will ensure payment is provided (e.g., paid for via separate purchase order?). Restated, how will the vendor arrive at payment procedurally and be reimbursed in a timely manner for any lost cylinders?

· 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 recommend including the current LOU verbiage from the VISNs 9/10 Medical Cylinders Contract that does address payment procedures (36C77623D0910):

· NOTE: Just-in-Time invoicing is not included in this RFQ for the Loma Linda VA HCS; the above image is simply an example of the LOU PO language previously recommended to the VA.

Answer: This is a Firm Fixed Price contract payments are NET 30.

30. 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 6 of 67 under Contractor Responsibilities:

· “Contractor shall comply with any certifications required by Local, State or Federal Department of Health regulations for transporting cylinders of any type. Proof may be requested by the requiring facility at any time.”

· PG 7 of 67 under Product Specifications:

· “All products, equipment, and services provided under this awarded contract shall follow all applicable Federal, state, and local regulations.”

· PG 23 of 67 under FAR 52.212-4:

· “(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:

2. 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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