36C26225Q0949 0001.docx

VENDOR QUESTIONS – RFQ 36C26225Q0949

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)

06-10-2025

649-25-4-3376-0115

None 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

36C26225Q0949

X

649-3650160-3376-820100-2560 010020190

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

1. PG 9 of 72, para 4.5 “If false alarms are pinging from the tank system, the Contractor shall fix and resolve the issue at no cost to the Government.” Please confirm that this language refers only to false alarms ringing at the tank site pad, as any false alarms pinging from inside the facility are the responsibility of the facility? The contractor will assist the VA, however any repairs required internal to the facility are paid for by the facility.

Answer: Alarms at the Pad are the only responsibility of contractor.

2. PG 17 of 72 states “The invoice that is submitted must match the delivery quantity on the POD document and must be invoiced in CFs” yet the CLINs on the same page are for CCF. Please confirm that the only Unit of Measure for invoicing is per 100 Compressed Cubic Feet (CCF) and not Standard Cubic Feet (CF or SCF).

Answer: CCF is the unit of measure.

3. POD QTY CONVERSION: PG 12 of 72, para 9.4 “The driver shall convert gallons to ft³ (CF) and CCF quantity and shall list these numbers on the delivery slip to be consistent with the detail on the invoice so to provide accuracy for invoice certification”. What is the purpose of mentioning gallons if the POD ticket is already provided in Cubic Feet (CF)?

Answer: CF is the unit of measure.

4. CHANGING TANK SET POINTS: PG 11 of 72, para 8. Ordering, “However, VA Safety and/or Engineering personnel reserve the right to establish different fill point settings for the bulk liquid oxygen tank systems. Any amended fill point settings will be communicated to the Contractor by each facility’s Ordering Officer or COR.” Please confirm that the GOV is not stating they may change the fill points at any time throughout the contract and only fills points may be modified at the beginning of the contract? If the GOV requests the right to change fill points at any time, then the offeror should be allotted a delivery fee, utilized only if the facility changes the fill points mid-contract that requires more frequent deliveries than anticipated pre-award. Offeror pricing is based on estimated annual usage and delivery frequency, and if the facility requires more frequent delivery mid contract, then this is going to greatly affect distribution costs on the contractor.

Answer: Government exercises options to extend or change quantities at any time. Which can cause increase or decrease in invoicing. Since these fills occur over telemetry reading fill points would not be consistent, fills occur when needed and at different intervals. The estimated quantities are not guaranteed, which estimates each facility's annual requirements.

5. EVALUATION: Please confirm Evaluation procedures, as the SF1149 states “lowest-priced, technically acceptable offer” Answer: Lowest Price that is technically acceptable offer refers to the contractor being able to perform. E.5 52.212-2 EVALUATION is the established method of evaluation.

6. Does this RFQ submission require a Technical Proposal? 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?

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.

7. INSURANCE: 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 a dollar amount notated on PG 11 of 72 ($1 million per occurrence)? 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 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.

8. 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. Recent GAO protests have stated that licensing is a contract administrative function so how is the GOV enforcing contract administrative functions such as ensuring the awardee is compliant? As there is ono “federal” license currently for this service, the Code of Federal regulations clearly state that the wholesale distributor must be in compliance with whatever the respective state requires for licensure which the state of Arizona clearly requires.

· 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.”

· PG 14 of 72, para 11. Applicable Regulations and Standards:

· 11.1. The following is a list of some of the regulations and standards that are applicable to this contract. The list is not comprehensive, and the Contractor is responsible for ensuring that all products, bulk tank systems, and services provided under the contract are in compliance with applicable Federal, state, and local regulations.

· 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:

9. 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: 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).”

Additionally: This argument has been made and the 3/21/2025 findings state:

Protest File B-423353

Alternatively, the protester argues that the agency should be required to evaluate state law compliance at the time of award. Response to Req. for Dismissal at 14. To the extent the protester argues that the agency should require offerors to demonstrate state law compliance at the time of award, this would be a challenge to the terms of the solicitation after initial receipt of proposals and, thus, would ultimately be untimely.

4 C.F.R. § 21.2(a)(1).

This protest does not include sufficient information to establish the likelihood that the agency in this case violated applicable procurement laws or regulations. The protest therefore is dismissed without further action. See Bid Protest Regulations, 4 C.F.R. § 21.5(f).

The protest is dismissed.

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