36C26225Q0585 0001.docx

RFQ 36C26225Q0585

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)

03-19-2025

649-25-3-3376-0065

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

36C26225Q0585

X

** HOUR & DATE for Receipt of Offers is EXTENDED to: 03-24-2025 15:00 PDT See CONTINUATION Page 649-3650160-3376-820100-2580 010020190

This amendment is to:

Extend submission date and time 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. What is the current contract number and who is the current supplier?

Answer: RCG of North Carolina

3. FACILITIES: PG 5 of 66 (Scope) states that the solicitation is for the provision of medical gas cylinders to the Northern Arizona VA Healthcare System at 500 Hwy 89N, Prescott, AZ 86313. However, the only facility notated that will require service within the Healthcare System is the VAMC (per the provided address), but there are (11) VA Clinics listed under the Northern AZ VA HCS on VA.gov. Please confirm which facilities within the HCS will require service under the contract resulting from this solicitation, and what respective gases are required for each facility.

Answer: The HCS was the only facility requested.

4. DELIVERY DAYS: Does the facility – or facilities, if VA Clinics are applicable – 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 66, but no delivery days are notated.

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

5. EMERGENCY DELIVERY PROCEDURES: PG 8 of 66 (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 after the emergency request is submitted 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.

6. PG 11 of 66 (Non-Repairable Government Property) states that the “Contractor shall not charge any additional types of fees, other than those specified above in paragraph 4.2, for the return of non-repairable cylinders to the ordering activity.” There is no paragraph 4.2 listed in the RFQ, so please clarify what the GOV is referencing in this statement.

Answer: Disregard statement it is an error.

7. PG 11 of 66 (Lost or Damaged Contractor-Owned Cylinders) states that the “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 …” There is no paragraph 2.7 listed in the RFQ, so please clarify what the GOV is referencing in this statement.

Answer: Disregard statement it is an error.

8. Will the GOV please add a CLIN for Tank Rental for Post Valve E Cylinders (no regulator)? The RFQ states that the pricing schedule differentiates between Rentals and Customer Owned but this is not notated so it’s unknown to offerors whether any E Cylinders are rented or not.

Answer: If not stated it is not required.

9. 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 66?

· Answer: This is an error disregard.

10. Which Gas Line Items are for GOV Owned Cylinders and which are for Contractor, and how many of each GFE Cylinder does the VA own on its property books? PG 6 of 66 states that the pricing sheet notates each with a (G), (C), or (C/G), but this is not reflected in the VA Provided Price sheet. PG 6 of 66:

Answer: Precise count not available at the time of this document. Upon award of contract this can be validated.

11. What is the Lung Diffusion mix (%) for the following Line Item:

Answer: Mediblend gas mixture Concentration: 5.00 Component: Carbon Dioxide CAS 124-38-9 Concentration: 11.9 Component: Oxygen CAS: 7782-44-7 Concentration: N/A Component: Carbon Monoxide CAS:630-08-0 Concentration: N/A Component: Methane CAS: 74-82-8 Concentration: Balance Component: Nitrogen CAS:7727-37-9

12. Does the GOV prefer offerors to price Hydrostatic Testing of GFE at the time of bid or at the time of need with it being paid for via purchase order per the RFQ?

Answer: At the time of need.

13. Which Oxygen E Cylinder Line Item represents Integrated Valve Oxygen E Cylinder (“WOB”) that matches up with the respective Rental of “Monthly rental E Size WOB Cylinders?” Is the Fill CLIN #1 or #2 pasted below?

· FILLS:

· RENTAL:

Answer: number 2

14. VA INVENTORY REQUIREMENT: PG 14 of 66 (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.

15. CONTRACTOR INVENTORY REQUIREMENT: PG 7 of 66 (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 – unless there is a disagreement between VA/Contractor regarding the count and the facility requests the Contractor to reaudit (for a fee). Please clarify this requirement and confirm that the Contractor will only be required to conduct one inventory per contract year.

Answer: Inventory will be once a year.

16. TRANSITION TIMELINE: PG 14 OF 66 (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.

17. EVALUATION: The evaluation provision on PG 48 of 66 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 a technical submission (technical capability required to be provided per PGs 6 & 15 of 66 in the RFQ)? The “Price Only” evaluation metric directly contradicts the technical requirements specified in the Statement of Work, including:

· PG 6 of 66 (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 15 of 66 (Transition Period) states that the offeror’s Transition Plan “will be evaluated along with quote.”

Answer: It is the governments discretion.

18. ANNUAL AUDIT CLIN: Will the GOV please add a CLIN for an Annual Audit for the VAMC (CBOCs typically self-audit unless on-hand balances are higher than average) as there are actual 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 for Contractors to be 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.

19. INSURANCE REQUIREMENTS: There is no mention of liability insurance in the RFQ. 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 business ses 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: Upon request from government contract must provided proof.

20. BULK LANGUAGE: If there is no relevance to any included Bulk Oxygen language (please confirm) in the RFQ, we request the removal of Bulk Oxygen references. The RFQ is only soliciting for Medical Gas Cylinders, but the following Bulk Oxygen language/requirements are included:

· PG 5 of 66 (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 66 (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 12 of 66 (Quality Assurance Specifications) includes the following bulk language referring to a required Certificate of Analysis:

Answer: Disregard

21. 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 11 of 66 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 Northern AZ 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.

22. 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 66 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 66 under Product Specifications:

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

· PG 22 of 66 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 ARIZONA:

· 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:

· Per the Arizona Administrative Code, Title 4 Professions and Occupations, Chapter 23, Board of Pharmacy – 4 A.A.C. 23:

· LINK: https://apps.azsos.gov/public_services/Title_04/4-23.pdf

· Section R4-23-601 (A) General Provisions (Page 40; notated as Page 38 on the linked PDF):

· Section R4-23-607 (Page 50; notated as Page 48 on the linked PDF):

· Section R4-23-692 (Page 73; notated as Page 71 on the linked PDF):

· Per the Arizona Revised Statutes:

· LINK: https://www.azleg.gov/ars/32/01929.htm

· Section 32-1929:

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

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