36C26227Q0019 0001.pdf

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)

1 13

N/A

36C262

Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

To all Offerors/Bidders

36C26227Q0019

X

X X

** HOUR & DATE for Receipt of Offers is EXTENDED to: 10-27-2026 7:00 am PDT

X 1

The purpose of this amendment is to:

1. Provide response to vendors inquiries. Reference continuation page for details.

2. Extend solicitation due date to 10-27-2026.

Anthony C. Dela Cruz

VA-VHA-RPOW-2024-0101

CONTINUATION PAGE

1. TYPE OF CONTRACT: As the NAICS for this RFQ is 325210 Industrial Gas Manufacturing, please confirm whether this is a Service Contract or a Supply Contract. PG 11 (Section 1) states that the Contractor will “…provide all services stated in this Statement of Work (SOW)”, but the RFQ lists elements of design/construction (of the tank farm pad) and supply services. Please clarify what type of contract will result from this solicitation?

Feedback: Supply

2. CURRENT CONTRACT: What is the current contract number for this opportunity?

Feedback: The Government has concluded that it must refrain from providing a response to this inquiry, as doing so would not align with the best interests of the Government nor would it be consistent with preserving the integrity and fairness of the Department of Veterans Affairs acquisition process. Accordingly, no further clarification will be issued on this matter.

3. FOB DESTINATION: Please confirm that the contract resulting from this solicitation will be FOB Destination.

Feedback: Destination

4. CONTROLLED UNCLASSIFIED INFORMATION (CUI): Will the contract resulting from this solicitation include any CUI (or any other term/acronym that refers to sensitive contract material within in the VA) – as it pertains to a Cybersecurity Maturity Model Certification (CMMC) for federal contractors?

Feedback: The Government has concluded that it must refrain from providing a response to this inquiry, as doing so would not align with the best interests of the Government nor would it be consistent with preserving the integrity and fairness of the Department of Veterans Affairs acquisition process. Accordingly, no further clarification will be issued on this matter.

5. CLINs:

a. CLIN 0001: CLIN 0001 lists an estimated annual quantity of 150,000 SCF for the facility’s bulk oxygen requirement, which is a distinctly low amount when converted to the industry standard billing unit of CCF (150,000 SCF = 1,500 CCF). Will the GOV please confirm the actual annual requirement, as the provided amount is much too low for a VAMC among the top 50 VAMCs by bed size? Will the GOV also amend the solicitation and allow offerors to price CLIN 0001 in the industry standard unit of

CCF?

Feedback: Will amend the solicitation CLIN 0001, 1001, 2001, 3001, 4001 from SCF to

CCF.

b. CLIN 0006: CLIN 0006 is provided for offerors to price a Portal Admin Fee (for a quantity of (24)). Will the GOV please clarify what the Portal Admin Fee line item is referring to? What service will the offeror be pricing that will require a Portal Admin Fee?

Feedback: The Government has concluded that it must refrain from providing a response to this inquiry, as doing so would not align with the best interests of the Government nor would it be consistent with preserving the integrity and fairness of the Department of Veterans Affairs acquisition process. Accordingly, no further clarification will be issued on this matter.

c. EMERGENCY DELIVERY CLIN: The GOV did not provide an emergency delivery CLIN for offerors to price. How does the GOV intend to account for costs incurred for any emergency deliveries required within (24) hours that are not the fault of the contractor? Will a CLIN be added for offerors to price this cost, or will the GOV pay by p-card? Please note that any off-cycle deliveries not due to the fault of the contractor, including weekends and holidays, would be considered an emergency delivery and incur an emergency delivery fee.

Feedback: Will amend the solicitation to add item number 0007,1007,2007,3007, and 4007 emergency deliver

d. DE-ICING CLIN: De-icing is required as maintenance on an as-needed basis per PG 11 (Section 3a) and PG 12 (Section 3d). Please note that de-icing requires a provided CLIN for offerors to price this service as de-icing is a VA responsibility if a CLIN is not provided (the facility’s fire department sometimes handles this). Tank piping and vaporizers icing up is a symptom of the oxygen system being undersized for the hospital’s needs or due to an extreme spike in usage (e.g., during COVID).

Has there been a history of vaporizers icing up due to high volume? In the event of need, will the GOV ensure this service can be provided by the Contractor by providing a CLIN for de-icing services?

Feedback: Will amend the solicitation to add item number 0008,1008,2008,3008, and 4008 de-icing services.

e. TANK INSTALLATION CLIN: The cost of installing the required tanks on the new tank farm (scheduled for FY28-29) must be reimbursable by CLIN, especially since the tank relocation occurs well into the option years of a base plus (4) contract. Will the GOV provide an installation/removal CLIN so that offerors may price this required service in FY28-29? Or consider a base plus (6) or (7) years contract as it is done in RPO Central in order for the awardee to recoup the installation costs?

Feedback: The Government has concluded that it must refrain from providing a response to this inquiry, as doing so would not align with the best interests of the Government nor would it be consistent with preserving the integrity and fairness of the Department of Veterans Affairs acquisition process. Accordingly, no further clarification will be issued on this matter.

6. TANK / USAGE INFORMATION:

a. What are the current tank set points (in inches) for FULL TRYCOCK, REORDER

POINT, REFILL POINT, & LOW-LEVEL ALARM?

b. What is the average daily oxygen usage (in inches)?

c. When was the most recent annual inspection of the tank, and will the GOV provide a copy of this report?

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

e. Approximately, how often is delivery required (e.g., weekly/monthly/etc.)?

Feedback: Information above should match existing system. Vendor to match existing conditions.

7. BULK OXYGEN TANK FARM CONSTRUCTION IN FY28-29: PGs 11-12 specifies that the VAMC Long Beach will be constructing and moving the bulk oxygen tank farm within FY28-

29. PG 12 (Section 3c) states that the “…vendor will need to provide details of their involvement and requirements to complete the successful installation of new equipment and tanks in the new location.” Will the GOV please clarify this section of the SOW? It is the GOV’s responsibility to design, coordinate the construction, and ensure the structural support of the new pad for the tank sizes required by the facility. The awardee may provide input cooperatively, but the ultimate responsibility for the pad design falls on the VA. PG 11 (Section 3b) also requires the Contractor to “…provide all labor, personnel, equipment, tools, materials, supervision and other items and services necessary provide medical grade quality ‘Bulk’ liquid oxygen for patient care…” Please confirm the required labor/materials/etc. only includes providing, installing, and refilling the tanks with bulk oxygen per the SOW.

Feedback: VA contracted Architect/Engineer (A/E) will complete design. Vendor must work with A/E to complete design of site to vendor’s system specifications. With regards to Section 3b, vendor is responsible for installing vendor specific location determined by VA and VA A/E. All site preparation will be completed by VA contracted construction contractor.

8. TANK PAD SITE REQUIREMENTS: PG 12 (Section 3b) states that “Prior to construction, VA will have design Architect Engineer reach out to new vendor to obtain information on changing the current design to meet the new vendor’s site requirements for equipment.”

Please note that the only site requirements to install tanks on the new pad will be that the GOV’s engineer adhere to the National Fire Protection Association 99 – NFPA 99 Healthcare Facilities Code – including that the pad is rated for the required tank sizes (9,000G main and 3,000G reserve). Will the GOV please confirm the NFPA 99 requirements will be accounted for in the pad design/construction?

Feedback: A/E will determine all NFPA requirements are met in conjunction with awarded vendor.

9. ALARM SYSTEMS: PG 12 (Section 3b) states that the Contractor will “Provide main and reserve tanks as well as provide liquid oxygen products, tank and alerting systems, inspection, calibration of flowmeters, and annual certifications of all tank/flow/pressure gauges and ALL associated alarm system.” Please note that the GOV is responsible for all alarm systems that run from the pad and connect to alarms within the hospital. Will the GOV please confirm that this section is not requiring the Contractor to hook up, service, or certify the facility-maintained alarm systems? It’s industry standard that the supplier/install technician may “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.” Please confirm that the GOV’s use of “ALL associated alarm systems” does not include any alarms beyond those on the pad itself (where the supplier’s alarm panel is hooked up to the gauges on the oxygen tanks). Anything beyond that alarm panel on the pad itself (wiring from the pad to the hospital and alarm panels within the hospital) are not the supplier’s responsibility.

Feedback: For current system site, vendor must work with building management system (BMS) vendor to ensure system is connected properly (Vendor is responsible for completing all final connections to BMS). For new system site, Vendor to work with construction contractor and building management system (BMS) vendor to ensure system is connected properly. For new site, Construction contractor responsible for all utility connections identified in design by A/E.

10. DAILY BULK INVENTORY REPORT: PG 12 (Section 3e) states that “A daily Bulk inventory report shall be issued to Facilities Management at the VALBHS.” Will the GOV please clarify the expectations for a “daily bulk inventory report”? This is an unusual request, especially since the facility’s tanks will be equipped with telemetry monitoring where oxygen levels can be observed daily. Will the GOV confirm that daily telemetry monitoring will meet this requirement?

Feedback: Amend to solicitation to remove “A daily Bulk inventory report shall be issued to Facilities Management at the VALBHS.”

11. METASYS CAPABILITIES: PG 12 (Section 3e) states that “the facilities Building Management System BMS is Metasys from Johnson controls (sole source). The system shall be equipped with Metasys capabilities and connected to our BMS.” Are the current bulk tanks integrated into Metasys? Who is responsible for integrating/connecting the contractor-owned tanks/equipment to the GOV’s Metasys system? Please clarify the specifics of this requirement.

Feedback: For current system site, vendor must work with building management system (BMS) vendor to ensure system is connected properly (Vendor is responsible for completing all final connections to BMS).

12. DELIVERY INSPECTION REQUIREMENT: PG 13 (Section 3f) states that “Upon the delivery of bulk oxygen supply, contractor shall provide a signed, legible, written/typed/printed receipt to the Engineering Department Facilities Management Team indicating the date of delivery. Prior to departing the station, all bulk oxygen system components will be checked for proper functioning. The report format will be approved by the appropriate government Engineering employee. b. The contractor shall have competent, documented experience as a medical grade oxygen maintenance and repair provider per NFPA & CGA and comply with all pertinent regulations of the State of California.” Please note this inspection-upon-delivery service is a maintenance requirement, not a delivery requirement. A delivery driver is not a technician qualified to check the entire system before leaving the site. NFPA 99 requires that the owner of the tanks conduct an annual inspection on the systems; all maintenance technicians who will annually inspect the bulk tanks will be qualified per the NFPA, but this is not a requirement after each delivery. Will the GOV please confirm that the “report format” referenced in Section 3f will take the form of the annual inspection report and that the GOV understands that delivery drivers will not be performing inspections/maintenance requests during product deliveries?

Feedback: Understood. Engineering recommends the requirement of section 3f be for the initial delivery and installation of the system rather than the routine supply of oxygen. If there is a need for oxygen supply delivery reports and requirements for those reports then they should be identified separately. The annual inspections mentioned by the proposed vendor are separate and should remain.

13. DISPOSAL PRIVILEGES: PG 14 (Section 6) states that the “Contractor shall furnish proof of guaranteed available disposal privileges with their quote. Once contract award has been made, the VA reserves the right to request proof of guaranteed available privileges from the Contractor at any time during the contract period. All costs associated with the disposal facility shall be included in the unit prices proposed by the Contractor.” Will the GOV please confirm what “guaranteed disposal privileges” is referring to in this section of the RFQ for a bulk oxygen supply contract? What costs are expected with an associated disposal facility?

Please clarify if this requirement is referring to bulk oxygen supply/tank installation or if this section has been included in error.

Remove “Contractor shall furnish proof of guaranteed available disposal privileges with their quote. Once contract award has been made, the VA reserves the right to request proof of guaranteed available privileges from the Contractor at any time during the contract period.

All costs associated with the disposal facility shall be included in the unit prices proposed by the Contractor.”

Replace

Deductive alternate: Contractor shall provide a cost for removal and disposal of existing bulk oxygen system.

14. CONSTRUCTION LANGUAGE/REQUIREMENTS:

a. CONSTRUCTION DOCUMENTS: PG 15 (Section 8a-b) states that the “Contractor shall furnish all labor, equipment, certification, supervision, and materials necessary to perform all operations in connections with this order. Contractor shall perform work in strict accordance with the General Specifications, Statement of Work, schedule, and all other supporting documents for this contract. Contractor shall work with the Architect/Engineer (A/E) to furnish accurate As-Built Drawings and test results… All construction items are to be provided by the General Contractor, unless specified to be VA provided.” Will the GOV please clarify the rationale for asking the bulk oxygen contractor to provide construction documents (e.g., as-built drawings, pad test ratings, etc.) when this is the responsibility of the GOV? Respectfully, the GOV should be providing this information to the bulk oxygen awardee, including a Certified Project Engineer’s stamp on the as-built drawing before the tank installation at the new farm begins. Please clarify.

Feedback: For new system site vendor will need to work with A/E to update design to the vendor’s system specifications. VA contracted A/E is responsible for providing drawings for use during construction and for As-Built drawings upon completion of construction.

b. CONSTRUCTION SPECIFICATIONS: PG 15 (Section 9a) states that “The VA Master Construction Specifications contain work procedures and material requirements designed to meet regulatory compliance requirements. Whenever possible, the Master Construction Specifications shall be used as the basis for project designs.” COMMENT: Please note that it is the GOV’s responsibility to receive the design and approve/monitor the construction being completed to ensure it is held to the required specifications so that the bulk oxygen Contractor can install new tanks.

Feedback: The Government acknowledges the comment.

c. TANK PURCHASE INQUIRY: PG 16 (Section 10a) states that “Contractor shall inquire to procure existing Matheson tanks on site, if this option is not available, contractor will provide a new set of bulk oxygen tanks as needed for VA Long Beach per TIL requirements. Contractor shall provide proposals with both options to the government.” Please note that this requirement is not industry practice. The contract requirement is for bulk tanks, not a requirement for the GOV to determine where the tanks are sourced. As a practical matter, it is better to install new or refurbished tanks at the new tank farm and use the existing tanks as the portable option during transition of service to the new tanks. Will the GOV please confirm that the requirement to provide (2) proposals for this opportunity will be amended as it is a highly nonstandard requirement? Additionally, the second proposal would be irrelevant if the option to procure the existing tanks is not available, per Section 10a quoted above.

Feedback Remove: “Contractor shall inquire to procure existing Matheson tanks on site, if this option is not available, contractor will provide a new set of bulk oxygen tanks as needed for VA Long Beach per TIL requirements. Contractor shall provide proposals with both options to the government.”

Revised: The vendor will need to provide (1) quote for the establishment of the new oxygen farm. The existing tanks will be processed by the previous vendor and VA to continue service and removal.

d. SITE COMPATIBILITY INSPECTION: PG 16 (Section 10b) states that the “Contractor shall inspect current site for compatibility with their equipment and tanks.

All site modifications to adapt new equipment shall be at no cost to the government.”

Please note that it is the GOV’s responsibility to ensure the pad is built to NFPA 99 specifications, to include OSHPD in California. Please confirm that the bulk oxygen Contractor will not be required to ensure the pad is compatible with and rated appropriately for the required bulk tank sizes prior to installation.

Feedback: Current site compatibility requirements have been written into the SOW to alleviate government of liability. Vendor to confirm site is compatible as per SOW.

e. SITE PREPARATION: PG 16 (Section 10c) states that the “Contractor shall perform all necessary site preparation at no additional cost to the government to install, connect and commission a fully operational bulk oxygen system.” Please clarify what “site preparation” entails under this requirement. Per Question #9 above regarding Alarm Systems, it is a VA Electrician’s responsibility to hook up any wires running from the tank pad to the alarms within the hospital.

Feedback: For the current system site, vendor is responsible for installing fully operation system at expense of the vendor. Costs should include full installation and commissioning for fully functioning system as part of this contract.

f. DEMOLITION AND CONSTRUCTION: PG 16 (Section 10e) states that the Contractor is required “to coordinate all demolition and construction with VA’s Engineering project manager for construction.” Please clarify why the bulk oxygen contractor would coordinate demolition with the project manager when there is no demolition during a bulk oxygen tank installation? Will the GOV confirm this is not a demolition and construction contract and is only soliciting bulk liquid oxygen and a tank installation?

Feedback: Any alterations to the current site to accommodate new equipment ( including demolition and/or construction) must be coordinated through VA Engineering project manager.

g. INSTALLATION OF NEW TANKS: PG 16 (Section 16e) states that “No more than 10 days after oxygen removal, contractor shall begin installation of new equipment or begin site preparation for new equipment. Contractor will provide temporary oxygen, as submitted in VA approved plan, prior to existing oxygen tanks reaching 35% fill level of Matheson’s existing tanks and will maintain temporary oxygen supply to VA’s “Emergency Oxygen Supply Connection” (EOSC) for duration of construction and commissioning of new equipment at no additional cost to the government.”

COMMENT: Please note that the bulk oxygen Contractor would not begin installation of the new tanks until the new pad is certified. Once the pad is certified, the Contractor will begin installation on the new pad (while also recommending that the existing tanks be used to provide oxygen to the hospital during transition). Once the new tanks are online, the contractor would take the existing tanks offline and remove, including the removal of vaporizers and control units. Any demolition of the old pad is the GOV’s responsibility.

Feedback: The above statement from section 16e is for current system site installation of new tanks.

15. EVALUATION: PG 61 in the RFQ (FAR 52.212-2) states that “price alone” (in para. (a)) will be the evaluation factor and that “The Government will determine price reasonableness based on competitive offers received. Offers will be evaluated by comparison of the offerors’ proposed prices. The basis for the award will be lowest price quotation that meets ALL requirements in this solicitation.” What is the GOV’s rationale for evaluating on a price-only basis in awarding work as critical as the distribution of medical-grade oxygen, a prescription drug, to an VA Medical Center? How will the GOV deem an offeror is technically acceptable without the requirement of past performance submissions as an evaluation factor? We recommend a “Best Value” evaluation approach to ensure the VA receives the best possible offer/service instead of just awarding to the offeror with the lowest price that meets the minimum technical requirement.

Feedback: The Government has concluded that it must refrain from providing a response to this inquiry, as doing so would not align with the best interests of the Government nor would it be consistent with preserving the integrity and fairness of the Department of Veterans Affairs acquisition process. Accordingly, no further clarification will be issued on this matter.

INSURANCE REQUIREMENTS: There is no mention of required 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 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.

Feedback: The Government has concluded that it must refrain from providing a response to this inquiry, as doing so would not align with the best interests of the Government nor would it be consistent with preserving the integrity and fairness of the Department of Veterans Affairs acquisition process. Accordingly, no further clarification will be issued on this matter.

FAR/VAAR COMPLIANCE ENFORCEMENT: Please confirm the GOV POC who enforces and ensures post-award compliance with FAR 52.212-4 (Contract Terms and Conditions— Commercial Products and Commercial Services) as well as VAAR 852.219-76 (Limitations on Subcontracting for Supplies and Products/Certificate of Compliance)?

Feedback: The Government has concluded that it must refrain from providing a response to this inquiry, as doing so would not align with the best interests of the Government nor would it be consistent with preserving the integrity and fairness of the Department of Veterans Affairs acquisition process. Accordingly, no further clarification will be issued on this matter.

16. AWARD ELIGIBILITY:

a. To ensure uninterrupted delivery of medical-grade gases to the VAMC and to avoid post-award delays that could impact patient care, will the GOV revise the solicitation to require SDVOSB offerors to submit, with their proposal submission, evidence that they currently hold all applicable federal, state, and local licenses required for the distribution and delivery of medical-grade gases, including gases classified as prescription drugs, as a definitive responsibility criterion?

b. Given that medical oxygen and other medical-grade gases are life-sustaining products regulated as prescription drugs, does the GOV intend to limit competition to offerors that are already legally authorized to distribute and deliver such products at the time proposals are submitted, in order to avoid delays in commencement of performance following award?

c. Will the status of an offerors’ license (in this case, a registered wholesaler of drugs in the state of California) be evaluated as a definitive responsibility criterion during the consideration of offers?

d. How will the GOV evaluate a proposal submitted by an offeror that does not possess an active and applicable medical gas distribution/wholesaler license at the time of proposal submission but proposes to obtain or rely upon such licensure after award?

Feedback: The Government has concluded that it must refrain from providing a response to this inquiry, as doing so would not align with the best interests of the Government nor would it be consistent with preserving the integrity and fairness of the Department of Veterans Affairs acquisition process. Accordingly, no further clarification will be issued on this matter.

17. LICENSING COMPLIANCE FOR THE SDVOSB OFFEROR: Will the GOV please confirm that the required federal and state of California licenses and certifications applicable to the SDVOSB offeror must be provided in the name of the Prime Contractor at the time of bid submission (and cannot be delegated to a subcontractor), which is required of an SDVOSB offeror in order to comply with the applicable federal, state, and local regulations 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)? Please see the below reference information regarding compliance with the FDA, CFR, and the state of California.

PGs 14 of 67 (SOW, Section 6):

• “The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any applicable Federal, State, and Municipal laws, codes, and regulations in connection with the prosecution of the work.”

INFO ONLY - REFERENCE INFORMATION REGARDING FEDERAL

WHOLESALE DISTRIBUTION LICENSING REGULATIONS BY THE CFR, FDA &

STATE OF CALIFORNIA:

• CFR Code of Regulations, Title 21, Chapter 1, Subchapter C, Part 205

GUIDELINES FOR STATE LICENSING OF WHOLESALE PRESCRIPTION

DRUG DISTRIBUTOR

o 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).

o LINK:

https://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/CFRSearch.c fm?fr=203.3

• Per Section 201(g) of the FD&C Act (21 USC 321(g)) provides that the term "drug" means:

• Per the California Board of Pharmacy website – Wholesaler/Nonresident Wholesaler Licenses:

o LINK: https://www.pharmacy.ca.gov/applicants/wls.shtml https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.ecfr.gov%2Fcurrent%2Ftitle-21%2Fchapter-I%2Fsubchapter-C%2Fpart-205&data=05%7C02%7C%7Cdff756b0405744bcf7c008df23d7c529%7Ce95f1b23abaf45ee821db7ab251ab3bf%7C0%7C0%7C639269081795624266%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=k%2BFvJgVsJZKkM%2FKxcbaZ31JuxZb3T%2BlrbtTlhTVXZ%2BA%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.ecfr.gov%2Fcurrent%2Ftitle-21%2Fchapter-I%2Fsubchapter-C%2Fpart-205&data=05%7C02%7C%7Cdff756b0405744bcf7c008df23d7c529%7Ce95f1b23abaf45ee821db7ab251ab3bf%7C0%7C0%7C639269081795624266%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=k%2BFvJgVsJZKkM%2FKxcbaZ31JuxZb3T%2BlrbtTlhTVXZ%2BA%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.accessdata.fda.gov%2Fscripts%2Fcdrh%2Fcfdocs%2Fcfcfr%2FCFRSearch.cfm%3Ffr%3D203.3&data=05%7C02%7C%7Cdff756b0405744bcf7c008df23d7c529%7Ce95f1b23abaf45ee821db7ab251ab3bf%7C0%7C0%7C639269081795647304%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=Yj8pX5lRvQymIfU3NPpVX5SN9859crpaqjvdt51ZIRU%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.accessdata.fda.gov%2Fscripts%2Fcdrh%2Fcfdocs%2Fcfcfr%2FCFRSearch.cfm%3Ffr%3D203.3&data=05%7C02%7C%7Cdff756b0405744bcf7c008df23d7c529%7Ce95f1b23abaf45ee821db7ab251ab3bf%7C0%7C0%7C639269081795647304%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=Yj8pX5lRvQymIfU3NPpVX5SN9859crpaqjvdt51ZIRU%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.pharmacy.ca.gov%2Fapplicants%2Fwls.shtml&data=05%7C02%7C%7Cdff756b0405744bcf7c008df23d7c529%7Ce95f1b23abaf45ee821db7ab251ab3bf%7C0%7C0%7C639269081795670163%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=qTXWVHDdJl0IvX7HASnUGgMXT1JzG6rZTvjZBcEeklE%3D&reserved=0

• Per the 2026 California Lawbook for Pharmacy – Article 11, Section 4160

(PG 199):

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

Feedback: The Government has concluded that it must refrain from providing a response to this inquiry, as doing so would not align with the best interests of the Government nor would it be consistent with preserving the integrity and fairness of the Department of Veterans Affairs acquisition process. Accordingly, no further clarification will be issued on this matter.

18. (from email 10/2/2026) SUBMISSION REQUIREMENT: PG 60 (Instructions to Offerors, Section 5.4) states, “In general, LIMIT your response to no more than 20 type written pages with a 11pt font-size and Arial font-type, including, at a minimum, the following documentation…” Because this line goes on to list the SF30 forms and other required documents, will the GOV please clarify whether the 20-page limit includes all attachments for an offeror’s submission, or is that limit just for a technical base document? The pricing file, required submission of agreements/authorized letters, and administrative documents alone will equate to more than (20) pages. Please clarify that the page limit is for a technical submission.

Feedback: Confirm 20—page limit includes all attachments. Please no more than 30 pages.

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.pharmacy.ca.gov%2Flaws_regs%2Flawbook.pdf&data=05%7C02%7C%7Cdff756b0405744bcf7c008df23d7c529%7Ce95f1b23abaf45ee821db7ab251ab3bf%7C0%7C0%7C639269081795699518%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=JDUxOGJh3XEdKQLwv%2FCWUor6aZeryq2SJUvn4UZjAqk%3D&reserved=0

19. SOW 10.A requires contractors to provide proposals with both options (procuring the existing Matheson tanks on site, or providing a new set of bulk oxygen tanks), but the B.2 Price/Cost Schedule contains a single set of line items. How should offerors present pricing for both options, and which option will be used for price evaluation?

- Feedback: Please provide pricing for all line items.

20. The B.2 schedule has no line item for removal of the existing tanks, installation of new tanks at the new Building 1 Dietary Loading Dock location, or the temporary oxygen supply during construction (SOW 10.C - 10.G). Should these costs be included in the listed line items, or will they be priced separately when the FY28 relocation is scheduled?

- Feedback: The Government has concluded that it must refrain from providing a response to this inquiry, as doing so would not align with the best interests of the Government nor would it be consistent with preserving the integrity and fairness of the Department of Veterans Affairs acquisition process. Accordingly, no further clarification will be issued on this matter.

21. E.5, 5.4 item 3 requires an OEM authorization letter for the "proposed Brand name or equal", but no brand name is specified in B.2 or B.3. Please confirm whether this requirement applies and, if so, which OEM (oxygen product, tanks or telemetry equipment) the authorization letter must cover.

- Feedback: Must be authorized distributor and must provide proof.

22. Please confirm the tank configuration required: one 9,000-gallon horizontal tank (CLIN x002) and one 3,000-gallon vertical tank (CLIN x003), serving as the main and reserve tanks at Building 5C, and whether these same sizes apply to the new location.

- Feedback: Contractor must be able to meet minimum requirement for the tanks. Work with A/E.

23. E.5, 5.1 states a site visit is not applicable, while SOW 10.B requires the contractor to inspect the current site for compatibility with its equipment and tanks. Will the Government allow a site inspection of Building 5C and the new location before the quote due date?

- Feedback: No site visit allowed. Sources sought 36C26227Q0004 was published on sam 8/11/26 – 9/14/26. During that time, a site visit was allowed and encouraged.

24. SOW 6 requires proof of guaranteed available disposal privileges with the quote. Please clarify what disposal this refers to for a bulk oxygen service (e.g., removed tanks or equipment) and what form of proof is acceptable.

-Feedback: SOW revised.

25. Please confirm that 150,000 SCF is the correct annual oxygen quantity and provide recent annual consumption and delivery history. The stated quantity deserves verification against the large tank capacities and estimated deliveries.

- Feedback: Revised SCF to CCF.

26. Which construction tasks belong to the oxygen contractor, the VA, and the general contractor?

- Feedback: The Government has concluded that it must refrain from providing a response to this inquiry, as doing so would not align with the best interests of the Government nor would it be consistent with preserving the integrity and fairness of the Department of Veterans Affairs acquisition process. Accordingly, no further clarification will be issued on this matter.

27. What disposal privileges must be documented, and which OEM must provide the authorization letter?

-Feedback: SOW revised.

28. Please confirm emergency/holiday delivery expectations and whether the deadlines mean PDT or PST.

- Feedback: Revised solicitation to included line item number for Emergency delivery and De-Icing Services.