S06-36C26225Q0905 0001.docx

VENDOR QUESTIONS – RFQ 36C26225Q0905

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)

05-22-2025

644-25-3-021-8790

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

36C26225Q0905

X

See CONTINUATION Page 644-3650160-021-828100-2631 0100441S9

The purpose of amendment 0001 is to:

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 Dela Cruz Contracting Officer

VA-VHA-RPOW-2024-0101

CONTINUATION PAGE

1. What is the GOV’s rationale for removing the language from the previous RFQ iteration for the same service requirement (36C26225Q0173) referencing Prime Contractor/Offeror compliance with federal, local, and state licenses applicable to the contractor even though 52.212-4 para (q) Other Compliances is still included on PG 18 of 67? Was this an error or intentional?

· Language removed from previous solicitation iteration (RFQ 36C26225Q0173) on PG 11 of 72 under Section 12 LICENSING, AUTHORIZATION, AND SELLING PERMISSIONS that is not included in the same Section 12 in the revised RFQ 36C26225Q0905:

· “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.”

2. Does the evaluation committee/entity consider an unlicensed SDVOSB distributor of medical-grade gases (oxygen is a prescription drug) to be a responsible offeror pre-award? If so, how will the Contracting Authority ensure compliance to ensure that an unlicensed offeror will not deliver medical gases the to the VAMC post-award until they are properly licensed in the state of Arizona? Restated, is an unlicensed SDVOSB offeror considered responsible for award? What are the post-award contract administrative procedures to ensure the awardee is compliant with federal regulations?

Answer: If the Contractor is not the manufacturer of the medical grade oxygen being supplied under this contract, the Contractor shall annually provide verification that the manufacturer from which it obtains the medical grade bulk oxygen 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.

3. What is the GOV’s rationale for removing the requirement for general liability insurance that was included in the previous solicitation iteration (36C26225Q0173), even though FAR 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION is included in both RFQs?

· Section 13 LIABILITY INSURANCE REQUIREMENTS from PG 12 of 72 of previous solicitation iteration (RFQ 36C26225Q0173) is completely removed in the revised RFQ 36C26225Q0905:

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.

4. Does this RFQ submission require a Technical Proposal? What is the GOV’s rationale for removing all Technical Submission requirements that were included in the previous RFQ (36C26225Q0173) and now only requiring a pricing submission? How is the GOV determining that an offeror is capable and compliant in meeting the SOW requirements if they don’t have to provide any technical capability submission?

· The ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS from PGs 46-48 of 72 of the previous solicitation (RFQ 36C26225Q0173) has been completely removed in the revised RFQ 36C26225Q0905:

**ALL QUOTATION PREPARATION COSTS WILL BE THE SOLE RESPONSIBILITY OF THE QUOTER. THE GOVERNMENT WILL NOT REIMBURSE ANY FIRM FOR ITS QUOTE PREPARATION COSTS.** This section provides general guidance for preparing quotations as well as specific instructions on format and content of the quotation. The Quoters’ quotation must include all data and information requested herein and must be submitted in accordance with these instructions.

Nonconformance with the instructions provided herein will result in the quotation being found incomplete. Incomplete quotes may not be further considered for award. Quotations must be clear, concise, and must include sufficient detail for effective evaluation and for substantiating the validity of the claims stated in the quotations.

The quotation should not simply rephrase or restate the Government’s requirements but instead must address how the Quoter intends to meet the requirements described in this solicitation.

The Quoter should assume that the Government has no prior knowledge of its abilities and experience and will base its evaluation entirely on the information presented in the quotation.

Elaborate brochures or documentation, binding, detailed artwork, or other embellishments are unnecessary and are not desired.

***Quoters are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements.

The Quote shall consist of three (3) separate volumes[footnoteRef:1]: [1: Past performance is not a separate evaluation factor for this procurement. Past performance will be reviewed as part of the Contracting Officer’s responsibility determination prior to contract award in accordance with FAR Part 9.104-1]

Volume One (1): Price Volume Two (2): Technical Volume Three (3): Solicitation, Offer and Award Documents.

***The Government is not requesting nor accepting alternate quotes.

VOLUME ONE- PRICE

The Price volume must contain one (1) complete copy of ATTACHMENT 1 PRICE COST SCHEDULE. No technical or past performance information should be contained in this volume.

1. The Price Cost Schedule is provided in an Excel Spreadsheet format. The Quoter must fill out the Tab named “Items”. Each Line Item identifies a single Facility.

VOLUME TWO- TECHNICAL (one redacted and one unredacted) ***No Pricing information shall be contained in this volume

a. In order to evaluate each quote, it is necessary that each offeror respond to all items in the same order as presented herein. Offers shall be organized with sections appropriately identified. Offerors are to describe how they intend to fulfill the requirements of this solicitation and how their total offer will meet the minimum needs of the specifications. The response should be concise and provide sufficient information to demonstrate the offeror’s capability to satisfactorily perform the requirements.

b. In the event that the Quoter is the manufacturer, the Quoter must produce evidence of the manufacturer(s)’ licensing, permits or registrations as required by the states in which this contract is performed. Failure to provide this evidence may render the quote incomplete, and the government reserves the right to not further evaluate incomplete quotes or consider them for award.

In the event that the Quoter is not the manufacturer, the Quoter must identify the medical grade gas manufacturer(s) that will be used as sub-contractors and produce evidence of the manufacturer(s)’ licensing, permits or registrations as required by the states in which this contract is performed. Failure to provide this evidence may render the quote incomplete, and the government reserves the right to not further evaluate incomplete quotes or consider them for award.

c. In the event the Quoter is not the manufacturer, the Quoter must provide manufacturer-approved language that will be included in its product service agreement(or similar agreement) between the quoter and the manufacturer ( or a copy of a previously executed agreement under a different acquisition between the quoter and manufacturer of the medical gases) that affirmatively demonstrates that the quoter will be(or has been) authorized by the manufacturer to resell the manufacturer’s medical grade gases under Federal contract. In lieu of this language, a letter from the manufacturer affirmatively indicating that it will authorize the Quoter to resell the gas under this contract will be acceptable. Failure to provide this evidence may render the quote incomplete, and the government reserves the right not to further evaluate incomplete quotes or consider them for award.

VOLUME THREE - SOLICITATION, OFFER, AND AWARD DOCUMENTS:

Quoter must provide the following in Volume Three of its Quote:

1. Cover Sheet including:

1. Date quote is submitted;

1. Quoter’s name;

1. Quoter’s technical lead contact information;

1. Statement that the quotation remains valid for no less than 90 calendar days from the solicitation receipt date for offers.

1. Standard Form (SF) 1449

1. An authorized official of the quoter must sign and provide a copy of the Standard Form (SF) 1449, and an SF 30 Solicitation Amendments, and submit them in an Acrobat PDF file that captured the signature for submission.

1. The Quoter must include its unique entity identifier number in Block 17a.

1. The Quoter must include its Commercial and Government Entity (CAGE) Code in the “CODE” block of Block 17a.

1. The Quoter must submit a completed 52.212-3 Offeror Representations and Certifications—Commercial Items.

Quotation submission shall not use typeface smaller than 12 fonts.

Quotes shall not include marketing or promotional material.

NOTE: Faxed quotations will NOT be accepted

Quotations must be sent by email to:

victor.oliveros@va.gov

Questions concerning the solicitation will be accepted with a final cut-off date for question submission of November 29, 2024 @ 12:00pm Pacific Time. Questions will only be accepted by email to victor.oliveros@va.gov. Please reference RFQ number 36C26225Q0173 PHX Medical Gas/Research Base Plus OY 4 in the subject line.

Quotation submissions are due 12:00 pacific Time, November 26, 2024.

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.

5. MONTHLY RENTALS: Please confirm that all cylinder rentals are MONTHLY and not DAILY as Section 8.0 on PG 9 of 67 explicitly requires “monthly rental of contractor-owned cylinders” in the section heading and in the first bullet; however, the line items for the (4) rental groupings provided include “per day” for the cost requirement. Contradicting information is included within the same section with the VA instructing Contractors to assess “monthly” and “daily” rental charges. Please confirm that rental charges will be assessed on a monthly basis.

Answer: Correct this is a monthly rental charge.

6. 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 no language notating this inevitable occurrence (Loss of Use), nor is there a CLIN provided to instruct 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 contractor-owned cylinders lost while in the GOV’s possession?

· 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: Neither annual Audits nor Just-in-Time invoicing are included in this RFQ for the Phoenix AZ VA HCS; the above image is simply an example of the LOU PO language previously recommended to the VA.

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.

7. LICENSING REQUIREMENT: Please confirm that the SDVOSB offeror must comply with the FDA/Code of Federal Regulations prior to first delivery in order to meet the requirements of the Statement of Work in this Contract (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, where licensing for wholesale distributors of prescription drugs (e.g., Medical-Grade Oxygen) is a highly regulated compliance requirement in both federal and state governments.

· PG 18 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.”

· 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: Specific state requirements do not apply to the Federal Government. State’s does not have jurisdiction over the Veterans Affairs (VA). VA is not a reseller.

Truman Leong, Compliance Officer for the Arizona State Board of Pharmacy. Stated, on 8/1/2024 via email, “that the State does not have jurisdiction over the Veterans Affairs (VA).”

image3.png image4.png image5.png image6.png image7.png image8.png image9.png image10.png image11.png image1.png image2.png