36C77620Q0055-0001003.docx

VISN 16: MEDICAL GASES 36C77620Q0055 0001

Contract Opportunity Amendment to a Previous Combined Solicitation

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RESPONSE DATE (MM-DD-YYYY)

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* = Required Field Contract Opportunity Amendment to a Previous Combined Solicitation RFQ VISN 16 Midcon Medical Gases 55401 36C77620Q0055 05-20-2020 N 325120 Department of Veterans Affairs Program Contracting Activity Central 212 3rd Ave. South, Suite 29 Minneapolis MN 55401 Nicole Kutsi nicole.kutsi@va.gov Multiple locations nicole.kutsi@va.gov nicole.kutsi@va.gov

AMENDMENT DESCRIPTION:

THE PURPOSE OF AMENDMENT 0001—SEE SF30 AMENDMENT 0001 FOR 36C77620Q0055-VISN 16: MEDICAL GASES

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 spe cified 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 HO

UR 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 let ter 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 Office r) 04-20-2020 None 36C776 Department of Veterans Affairs Program Contracting Activity Central 212 3rd Ave. South, Suite 29 Minneapolis MN 55401 00776 Department of Veterans Affairs Program Contracting Activity Central 212 3rd Ave. South, Suite 29 Minneapolis MN 55401 To all Offerors/Bidders

36C77620Q0055 04-20-2020

X X May 20, 2020 @13:00PM CDT X (1)

The purpose of Amendment 0001:

1) Answers questions posed by interested parties

2) Updates invoice requirements in Contract Administrative Data

3) Updates Statement of Work

4) Updates to Schedule of Items Description

5) Updates to Instructions to Offerors

6) Updates Attachment (2) Schedule of Items

7) Provides V16 Informational Purposes ONLY Facility Usage No additional changes have been made and all other terms and conditions remain in full force and effect.

Nicole Kutsi

VA-VHA-2020-E324CCD1

CONTINUATION PAGE

1. Pages 53-54 of 81 E.2: Can the GOV please confirm the proposal submission instructions, i.e. are they electronic submitted via Email, is it hard copy, or a combination of both? Page 56 of 81 clearly states: The Quoter is required to submit a copy of the RFQ response via email, mail or hand delivery. Can we please confirm email submission for all documents is admissible, and there are no “hard copy” requirements if the vendor complies with the RFQ submission instructions to offerors?

Answer: Please review page 55, Instructions to Quoters, Section: Quotation Submission address on options to submit a quote.

2. The current submission date is Monday 4 MAY 2020 at 1:00 CST. Request the submission date be extended (1) Day to 5 May, as for a bid(s) of this size and complexity.

Answer: Quotations submissions will be extended to May 20, 2020 at 1:00CST

3. Does the GOV plan on conducting a Post Award Orientation (FAR 42.5) at the VISN level prior to any formal briefings to the Facilities?

Answer: Upon award it is the Governments intent to host post award conference at the VISN level to include the Awardee.

4. Does Contracting Authority Plan a Post Award Conferences/Briefs presented by the Awardee at Facility level.

Answer: Please reference question number three (3) for Governments intent on post award conferences.

5. Will the GOV take into consideration the existing COVID 19 response in terms of contract requirements?

Answer: The Government has taken into account the existing COVID 19 response in the RFQ. There may be a delay in award and/or effective date. The Government’s intent is to start transitioning processes upon facility clearance to do so.

6. Are there provisions for a Site Visit, or as an alternate, allowance for a PHONCON with the Facility POC (there is historical precedent as a POC list was submitted as part of the bid package to coordinate a site visit?

Answer: Please reference page 16, section 9-Ordering Process, sub-section 9.1. Within 20 days after award, Government will provide Awardee with Contracting Officer Representatives (COR), this will include contact information.

7. Could we get the Facility POCs listing to identify special requirements for each facility? Given the COVID 19 response negates access.

Answer: Please reference question (6) for answer pertaining POC’s lists upon award.

8. Can the GOV define “Just in Time” Logistics from a Glossary of Terms or in context to what the GOV has required within Medical Oxygen and Specialty Gas Cylinders previously, to what is substantially/measurably different in the context of this VISN SOW? How is one different from the other?

Answer: For the sake of Medical Gases; Just in Time Ordering is defined as orders placed upon need of medical gas fills and/or cylinders. Medical gases will be placed the week of need as defined in the SOW.

9. Page 7 of 81 States: Invoice transaction set for each delivery of gases to FSC. Invoices must be submitted within one (1) month of order fulfillment and any invoices submitted after that time may not be accepted. Please confirm that the GOV is directing that each order has a unique Purchase Order specific to that order only and must be invoiced individually as such.

Answer: Each order placed will have a purchase order assigned by authorized ordering officer and/or Contracting Officer. The invoice must reference the specified purchase order for the specific order placed and received.

10. Page 25 of 81 B.3 Schedule of Items (5) States:

The minimum order amount for this award shall be $100.00; The maximum order amount per individual facility shall not exceed $25,000.00.

Can the GOV clarify the maximum order amount per facility is $25,000? Is this one order, or all orders in the Base Year? Could the GOV clarify this?

Answer: The government does not foresee individual orders exceeding $25,000. While these are the minimum and maximum orders defined in the solicitation, the Awardee may accept orders above or below these amounts. Ordering trends suggest for larger facilities that some orders may exceed $5,000 dependent on the need.

11. A habitual challenge is the GOV exhaust funding placing the vendor in a position to track the GOV’s funds expenditure, as we have no visibility on this given migration to EDI where each delivery has a unique PO, and no visibility on an aggregated PO – as with annual, Monthly POs, i.e. what was projected as funding to what the actual costs is? Please Note Page 34 of 81 C.5 Order Limitations states: (2) Any order for a combination of items in excess of $800,000.00.

Answer: Each order received is funded when transmitted, thereby eliminating the need to track draw downs. Please see page 34, FAR Part 52.216-19 Order Limitations; Awardee would not be obligated to fulfill any combination of orders for any VISN in their excess of amount within 30 days. Government would defer to Awardee on how they elect to track purchase orders and the aggregate value of those PO’s.

12. Para 4, Page 8 of 81 states: Invoices shall be paid within thirty (30) days upon final acceptance by the Government [please note: “final acceptance” by the GOV may take up to (6) Calendar months – if not Receiving Report is submitted by the Ordering Facility]. Each invoice must comply with the requirements of FAR 52.212-4 Contract Terms and Conditions. This potentially conflicts with the President Obama error supplemental that lists (15) Days in accordance with the Prompt Payment Act (PPA – FAR 52.232-25 mentioned on Page 7 of 81) for accelerated payments to Small Business Prime Contractors?

Answer: Government is unclear what is being asked; Please refer to page 4 Government Invoice Address as well as Page 24 Clause-52.212-4 Contract Terms and Conditions—Commercial Items-- which dictates the use of the Prompt Payment Act as well as following prompt payment regulations.

13. How will Cylinder rentals be invoiced, i.e. as they cannot be ordered – will these be on a separate PO/Delivery Order? Will the Cylinder Rentals for CBOCs (subordinate facilities) be invoiced under the Parent Facility, as is on existing contracts?

Answer: Rentals will be invoiced monthly; Authorized Ordering Officers and/or Contracting Officers will pay rental invoices via purchase order. See updated Government Invoice Address Sub-Section located in the Contract Administration Data Section which addresses cylinder rental invoicing.

14. Will the ordering CBOCs have their own unique PO for each order as well as – and if so, confirm this confirms as separate Invoice from the parent VAMC – approved/certified by the CBOC?

Answer: Each CBOC will have its own PO; the station codes for the CBOCs would be the same station codes as the main facility, but there will be a different ship code for each CBOC purchase order and will state the CBOC name as well as delivery address on the PO.

15. Can the GOV provide the number of Orders submitted in the last (12) Consecutive Month by each VAMC?

Answer: Government estimates that for main facilities there will be 2-3 order(s) per week and an estimated 1 order per week for CBOCs. There will be an estimated 72-100 orders per VISN placed in a month(s) timeframe.

16. How/where does the GOV allow the vendor to depict this (eventual) EDI cost up front?

Answer: Government will not dictate where quoter intends to place overhead costs.

17. Please confirm the TUNGSTEN NETWORK is a VA FSC approved ANSI X12 810 EDI submission – as it is listed as such on the FSC website?

Answer: Please refer to Pages 5-7 Ordering Processes for EDI submission requirements. The Government will not dictate who quoter elects to utilize for third party vendor to support EDI requirements, but quoter will be responsible for fulfilling EDI ordering requirements as emphasized in the RFQ.

Please note: FSC offers the following solutions for commercial electronic invoicing:

1. Electronic Data Interchange (EDI) – ANSI X-12 v5010

a. VA FSC will provide our v5010 810 Implementation Guide for your reference.

b. Please submit a formal request to be added to EDI directly to VA FSC to the following: vafscedifinteam@va.gov, or call us at 512.460.5311 for more information.

2. Tungsten Network – A third party provider contracted by Veterans Affairs (VA) to assist with commercial electronic invoicing using a Web Form Application or an Integrated Solution (IS).

a. Transactions submitted through Tungsten Network will be forwarded to VA FSC EDI using an ANSI X12 v5010 810 for processing into the VA FSC payment system

b. If you need additional information regarding the Tungsten Network solution please call 1-877-752-0900, Option 2

18. EDI Implementation CLIN for the Base Year: How will the GOV allow transitioning vendors to depict EDI Costs for the Base Year?

Answer: Government will not entertain adding a CLIN for EDI costs; Government will not dictate where quoter intends to place overhead costs.

19. Specifically – in what CLINs may the vendor depict EDI costs implementing, using, and sustaining the GOV required EDI ordering – required in the Base Year?

Answer: Please refer to question 17; Government will not entertain adding a CLIN for EDI Costs; Government will not dictate where quoter intends to place overhead costs.

20. In sum, this involves converting GOV ordering data into the EDI standard. Please confirm it is the GOV’s desire to source a solution where – the authorized Ordering Officers places an order in the VA’s IFCAP System (Fund Control Point Users) – which in turn generates a Purchase Order (PO) for that specific order, and the order is then routed to the Vendor with no additional requirement on the individual placing the order?

Answer: Please refer to Page 5- Ordering Processes, which highlights the Governments intent behind utilizing EDI.

21. If this is correct, how does the vendor depict/include valid costs for development of Data Management Software that interfaces with VA FSC and Vendor Value Added Network (VAN). – To include “up front” costs to develop and implement the required software and hire/repurpose an EDI Coordinator, or hire a 3PP Consultant to do so?

Answer: The government will not dictate how quoter intends to depict overhead costs associated with EDI implementation and transition. Please note, that Awardee can utilize either a VAN or Direct Connection. Government supports AS2 or SFTP (FTP server hosted by vendor) for a direct connection.

22. EDI IMPLEMENTATION CLIN: Will the GOV allow for an Implementation CLIN and Option Year EDI Sustainment CLIN for each Contract Year – which covers implementation, sustainment, and the costs of using a VAN to who interfaces with the VA FSC to receive/delivery and manage secure mailboxes? The offeror’s costs are directly proportional to the 1) the Transaction Volume (number of orders per facility, per year, for an aggregate total), and 2) the vendor Employee Costs incurred to accommodate the GOV?

Answer: Government will not entertain adding a CLIN for EDI Costs; Government will not dictate where quoter intends to place overhead costs. Please note, that Awardee can utilize either a VAN or Direct Connection. Government supports AS2 or SFTP (FTP server hosted by vendor) for a direct connection.

23. Para 9.6 page 20 of 81. Could we clarify/does the GOV have initial insight as to the difference in an EDI Order, and an Emergency Order in respect to clarify where the “order will be sent” – are we establishing (in the EDI development process) a separate order destination?

Answer: The emergency order fee will be included on the EDI order to reflect emergency order. No separate order destination is mandated.

24. CLIN ADDED TO BILL PER EACH INVOICE/EDI “PER TRANSACTION”: Can the GOV provide a CLIN for per Order/EDI Transaction “cost per order?”

Answer: Government will not entertain adding a CLIN for EDI Costs; Government will not dictate where quoter intends to place overhead costs.

25. EDI RELATED CLIN PRICING DEFERRED: Could the GOV provide these CLINs, submitted without costs on the RFQ submission, to be addressed and validated/approved by the Contracting Authority during the EDI implementation process by the awarded Contractor?

Answer: Government will not entertain adding a CLIN for EDI Costs; Government will not dictate where quoter intends to place overhead costs.

26. Please clarify the (120) standard – as opposed (for example) a (180 days) having a test bed of (1-2) VAMCs, so that sequential “test runs” are conducted, evaluated, and refined.

Answer: 90-120 days is an average timeframe to set up and implement EDI and the Government will entertain a phase in approach by facility upon award.

27. To what extent/who is responsible for any EDI requirements for ordering MED CYLs in relations to Page 31 of 81 - C.2 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)? If so, who is the “honest broker” to ensure this?

Answer: Please reference 52.204-21 Safeguarding of Covered Contractor Information Systems in its entirety for requirements as well as procedures for the Awardee.

28. The verbiage on Page 9 of 81 is interpreted as “show capability” (“provide verification” by the (90) day mark, and implementation by the (120). Please clarify the GOV’s rational of the implementation time. Awardees have a No Later Time to transition using the existing ordering products and processes.

Answer: 90-120 days is an average timeframe to set up and implement EDI. Government has prepared the first 90-120 days to use flexible ordering options as explained in the statement of Work, in the Ordering Process Section until implementation is complete. The Government will entertain a phase in approach by facility upon award.

29. The CONTRACTOR will be required to provide verification of its capability and experience within three (3) months of effective ordering period unless this requirement is waived due to recent demonstrated performance. Can the GOV further clarify/discern what “Provide Verification” (page 9 of 81) equates to in specific terms in relation to being postured to implement the new EDI process? NOTE: Since this is a new endeavor – we are focused on experience shown – might this be Implementation progression Answer: Government will determine verification as Awardees ability to ensure that they have systems set up either through VAN and/or direct connect and is able to accept orders. This may be determined via a test environment prior to live ordering.

30. B.2 para 1.1 page 12 of 81 states:

Please clarify – the requirement is for (9) VAMCs, and (14) CBOCs (23) Facilities correct?

Answer: Please refer to Attachment (1) Delivery Locations for main facilities and CBOC facilities under this requirement.

31. Please confirm there are no CBOC direct delivery requirements for MED CYLs and/or Liquid Nitrogen for the following locations (this would be atypical and is part of the planning/cost evaluation process – for example rural/geographically separated CBOCs that requires Liquid Nitrogen – compliant with the new FDA Rules implemented in 2018):

VAMC Alexandria, LA VAMC Little Rock (Towbin) VAMC Little Rock (McClellan) VAMC Shreveport, LA VAMC Jackson, MS

Answer: Please refer to Attachment (1) Delivery Locations, the locations on attachment (1) are facilities that will require direct delivery to those locations.

32. Are the offerors to evaluate this supportability and commensurate pricing to reflect (5) of (9) VAMCs have no direct delivery requirements for MED CYLs and Liquid Nitrogen (55% of the VAMCs do not have CBOCs that require CYLs, nor Liquid Nitrogen – exceedingly atypical?) Can the GOV please revalidate these requirements as they have an overriding influence on supportability and vendor pricing?

Answer: Please refer to Attachment (1) Delivery Locations, locations on attachment (1) are facilities that will require direct delivery to those locations. The Government will not dictate how a quoter derives their pricing per CLIN and/or overhead costs.

33. Page 21 of 81 Para 10.6 requires the contractor to:

All medical gas deliveries shall be made per each state’s Department of Transportation (DOT) Regulations. Empty government owned cylinders that are picked up from an ordering facility for re-fill or servicing shall be transported according to DOT Regulations, using normal commercial practices to prevent damage to cylinders.

Historical precedent denotes that 55% of the VAMCs having no CBOC requirements, may infer the VA is transporting Cylinders to the CBOC(s) that were delivered to the VAMC. If so, is the VA meeting these DOT standards required of the offeror?

Answer: Awardees is required to comply with the Statement of Work Section Delivery Requirements-Sub section 10.6.

34. The Attachment A GAS List only depicts the aggregate number of Cylinder quantities by Contract CLIN, irrespective the quantities required at each respective VAMCs? B.2 SOW, Para 1.3 & 1.4 of page 12 of 81 refer to ATTACH A (1.3 – Schedule of Items) and the ATTACH 2 (locations requiring MED CYLs). Can we please clarify those Gases (CLINs) and the respective Quantities required at each facility?

Answer: See attached document which gives estimated quantities per facility. This document is for INFORMATIONAL PURPOSES ONLY to assist quoters in establishing pricing for the line items in Attachment (2) Schedule of Items. Please note, the quantities provided per VISN and/or per facility are ESTIMATES ONLY.

35. How does a vendor evaluate the CBOC requirements.

Answer: See attached document which gives estimated quantities per facility. This document is for INFORMATIONAL PURPOSES ONLY to assist quoters in establishing pricing for the line items in Attachment (2) Schedule of Items. Please note, the quantities provided per VISN and/or per facility are ESTIMATES ONLY.

36. How do we present, justify to the GOV “price reasonableness (evaluation factor)” without an accurate analysis of GOV provided data points concerning the numerical requirements for each VAMC Location?

Answer: See attached document which gives estimated quantities per facility. This document is for INFORMATIONAL PURPOSES ONLY to assist quoters in establishing pricing for the line items in Attachment (2) Schedule of Items. Please note, the quantities provided per VISN and/or per facility are ESTIMATES ONLY. Please refer back to Page 61, Section 4, Factor (4) Price to understand how the Government intends to evaluate price.

37. How must vendors establish Base Line Usage in respect to Facility Specific requirements, - a critical planning factor for supporting contingency operations such as the COVID 19 – i.e. “how much do they use during normal operations?

Answer: See attached document which gives estimated quantities per facility. This document is for INFORMATIONAL PURPOSES ONLY to assist quoters in establishing pricing for the line items in Attachment (2) Schedule of Items.

Also note, the quantities specified in Attachment (2) Schedule of items are ESTIMATES ONLY.

38. Page 22 of 81 Para 11 states:

EMERGENCY DELIVERY REQUIREMENTS:

Each Veterans Administration Medical Centers/Health Care System Networks listed in Attachment A are designated as Federal Emergency Medical Facilities with significant contingency and emergency response roles. Accordingly, the Contractor shall offer strategies to provide emergency supply support during major catastrophic events. These strategies shall Include additional methods of contacting for ordering medical gas and offering Federal Emergency Medical Facilities, at no cost, the option to pre-prepare order lists tailored to potential catastrophic events likely to occur in their area (fire, mass contamination, epidemic, earthquake, tornados, typhoons, etc.). Because of the emergency nature of these orders Contractor must performance with full delivery to the facility of the required quantities of 90% or more of the order within 24 hours of callout by the facility or their geographical location.

How does the GOV suggest the Contractor to offer strategies, i.e. develop our Proposal alternate strategies during crisis situations, when we are not privy to the “Normal Operations Base Line requirements” by CLIN, by Quantity for specific facilities – i.e. where we will be deviating from? Hence, not offering strategies that are conceptual, yet lack “teeth” when we all can least afford it?

Answer: The contingency plan is a contingency method of resolving issues during a crisis. As emphasized above, the quantities for each CLIN are ONLY ESTIMATES.

39. Does the GOV have visibility on what these Pre Order Lists “will look like” and/or will there be additional gases needed (for planning purposes) – or would these lists be the same gas list we are bidding on?

Answer: Government has removed this sentence from the Statement of Work. Please see updated Statement of Work

40. What is the GOV’s rationale to project 90% of order fill – i.e. does the 90-percentile come from an approved plan? Given the nature, of which the COVID 19 we are dealing with now, there are several instances of the GOV ordering “nonstandard” ordering pattern, with the perception that (in instances) the GOV is attempting to stockpile cylinders, when they are needed, and are not adhering to Just in Time Logistics.

Answer: Not sure what quoter is asking, but 90% sentence has been removed from the Statement of Work. The Government is expecting a contingency plan by Awardee that ensures that gases can be provided during unforeseen and/or catastrophic circumstances. Please see updated Statement of Work.

41. Can we get a copy of the VISN Emergency Response Plan (even if in draft), or facility specific plan to “dissect” what this requirement actually is by facility, in respect to supporting locations (Branches/fill plants) mutually support, that we would have to project costs? We can develop our Emergency Response consistent with the Facility’s, which should be current in that the VA developed a COVID 19 response plan?

Answer: The Government is not requesting an emergency response plan, but a contingency plan to address that awardee can provide supply support during catastrophic events as outlined in the statement of work- Section 11- EMERGENCY DELIVERY REQUIREMENTS

42. Page 21 of 81 Para 10.10 states:

“Routine orders shall be accepted by the Contractor until 12:00 PM, facility local time, 24 hours before the next regularly-scheduled delivery.” There are time conflicts for Routine Orders between the SOW and ATTACHMENT 2 - Delivery Days and Times (EXCEL Column H) that depict later delivery times.

Answer: Attachment (1) Delivery Locations, gives current delivery days/times with the incumbent. The Government does not agree that there is a conflict of delivery requirement as the Awardee will go in accordance with the Statement of Work and specified requirements as outlined in the Statement of Work Section 10-Delivery Requirements. Ordering Officers will place orders in accordance with the requirements as outlined in the Statement of Work-Section 10-Delivery Requirements.

43. Page 23 of 81 Para 16.2 states:

Annual inventory audits require a minimum one day and vendor representative per 100,000 sq. ft of each main hospital. Information per hospital sq. ft located on Attachment A (Facility Locations).

Can we identify the GOV’s rationale for this estimation – the relationship between the Square Footage and inventory days? For example, the VAMC Truman (Columbia, MO) is estimated at 700,000 SF, does this infer the GOV expects an inventory to of this facility to take (7) Days to conduct this inventory – which when properly coordinated, planned, and executed - should take no more than two days, planned around any deliveries to exact accurate balances without deliveries and empty returns?

Answer: Confirmed by industry, this method was most efficient to ensure that large facilities were allotted the time needed to audit comprehensively.

44. Page 23 of 81 Para 16.4 states:

Upon concurrence and signed audit, facility will be authorized one (1) year to pay for the audited missing cylinders. Upon payment, the rental fees are to be removed from total cylinder count. If discrepancies ensue, the Contractor must return at a mutually agreed upon date to redo the audit. If the facility is unable to reschedule with 90 days, the facility must honor initial audit findings Can you please identify the GOV’s rationale for authorizing the facility (1) year to pay for the missing cylinders after they are confirmed by the facility as being lost? Is it the GOV’s intent to have the SDVOB pay for the missing Cylinders “up front” with the Subcontractor, yet wait up to a year from the GOV – potentially creating a financial burden via requiring an annual inventory each year (prudent accountability wise), identifying missing cylinders and bearing the cost to replace them with new cylinders?

Please evaluate the consequences for having (potentially) within the VISN (up to) 8 to 9 VAMCs worth of missing cylinders “paid up front” when the GOV is authorized one year to reimburse the loss?

Answer: The Government does not expect and/or authorize Awardee to pay for missing cylinders up front. The Government will continue to pay rental fees on missing cylinders until missing cylinder fees are paid by the Government. Facilities are unable to budget for lost cylinders and must be given time to fund accordingly.

45. The GOV is requiring the vendor to provide Cylinder replacement costs for all Contract years. This is very difficult to do other than the Base Year. Is it permissible to only price the Base Year, as any ensuing years are estimated pricing only, and no credible contractor would affirm pricing five years out - hence any Loss of Use other than the Base Year would require pricing for subsequent years LOU. The cost of cylinders is dependent on many factors, not the least of which is the cost of Aluminum. An attempt to price Lost Cylinders in the “out years” tends to cost those LOU CYL at a significantly higher rate per cylinder, as this is an unmitigated risk for the offeror that the GOV is seeking?

Answer: It is not permissible to only price the base year. Estimations are permissible based on historical pricing patterns for many factors.

46. Could the GOV simply emplace a CLIN in for lost Cylinders? The point being is that by having a CLIN, a historical Loss of Use Payment Mechanism is put in place vice having facilities willing to pay for verified losses, yet not having a means to pay, i.e. paying off an existing PO where the contract provided a CLIN to do so? The GOV must agree to any claim provided by the vendor. One Option is to update this annually via the GOV’s Intent to Renew Option – i.e. provide that Contract Year’s Cylinder pricing, vice attempting to project (5) years in the RFQ submission?

Answer: Agreed, Government will change on Attachment (2) Schedule of Items, Changing from - Replacement Cost | Damaged by Government/Contractor Beyond Repair | Lost TO NOW READ - Lost or Damaged beyond repair by Government/Contractor. See updated schedule of items.

47. Para 6.5 page 17 of 81 – states:

a. Each ordering facility that requires installation of contractor-owned equipment shall provide a suitable location and foundation for the installation of the contractor-owned cylinder(s) in accordance with Current Good Manufacturing Practices (CGMP) standards. Additionally, each facility shall provide access to an electrical power source and hook-up to a facility-maintained alarm system Recommend deletion as this appears to be Bulk Oxygen related Answer: Agreed, the Government has deleted this paragraph, please see updated Statement of Work.

48. Para 6.5 page 17 of 81 – further states:

The Contractor shall perform the hook-up of contractor-owned equipment to the facility-maintained medical gas manifolds.

This is nonstandard as it requires Contractor personnel to enter the facility to transport, install, and transport the empties. Please Note – this is very time consuming and the process for servicing manifolds is service “one side” while the other side is in use – for example an (8) Cylinder Manifold using “H” Cylinders would only replace (4) at a time.

Transporting, installing, and then transporting the empties back is quite a task, especially for no delivery fees being allowed. Traditionally -- the Contractor Delivers to a point of delivery (normally receiving/loading dock),which may have multiple Point of Deliveries (example, a CLC on site delivery to the CLC receiving/loading dock). Please note there is a significant liability/risk issue if routine access/internal delivery requirement to vendors -- to include individual badging for personnel who would be required to perform this task. If this is in fact correct across all facilities – then a delivery fee CLIN would have to be added, as delivery route planning would consider significantly increased time on site (tracked GPS). Again, this is nonstandard and is not in effect on similar SOWs. In sum, this task takes a significant amount of time away from route planning in that the driver would spend considerably more time delivering to an individual facility, as well has be responsible for security, HIPA Concerns et al.

Answer: This does occur at some of our facilities and is standard commercial practice.

49. Para 10.11 states Page 21 of 81:

All transportation charges for delivering/picking up cylinders shall be included in the price of the medical gas. Additional charges such as delivery fees, hazardous material fees, fuel surcharges, shall NOT be billed to, or collected from, the facilities for orders received under this Contract Can the GOV recommend how the vendor is to estimate delivery costs - into pricing if they do not know:

a. The CLINs required by facility (Types of Gas – where delivered)

b. The Quantities for each facility (how much delivery)

c. Any special requirements such as installing cylinders on Manifolds? (inclusive reqs)

Answer: The Government will not dictate how quoters will quote pricing for medical gases. As stated in the RFQ, pricing shall be all inclusive, to include additional charges as outlined in the statement of work.

50. Para 7.1 Page 17 of 81 states:

Incoming contractor shall coordinate with the incumbent contractor during the transition period relating to the removal of the incumbent contractor’s equipment form each facility.

Please clarify the extent/context the GOV is expecting of the incoming contractor?

Answer: If Awardee intends to utilize the incumbent as their supplier/sub-contractor, it will be the Awardees responsibility to work with the incumbent. The incumbent is required to reconcile thereby establishing starting cylinder counts and/or inventory; if the Awardee is not utilizing the incumbent as the supplier, the Awardee would not need to coordinate with the incumbent.

51. Para 7.5 Page 18 of 81 states that both contractors must conduct an audit. Can the GOV please provide the rationale for this given:

During the transition period, both Contractors, incoming and outgoing, shall separately conduct an inventory audit that documents the number of contractor-owned and government-owned cylinders. All auditing documents must be approved and signed by all parties involved during the transition periods as emphasized above.

Answer: If Awardee intends to utilize the incumbent as their supplier/sub-contractor, it will be the Awardees responsibility to work with the incumbent. The incumbent is required to reconcile thereby establishing starting cylinder counts and/or inventory; if the Awardee is not utilizing the incumbent as the supplier, the Awardee would not need to coordinate with the incumbent. The Statement of Work has been updated to reflect the expectations of the Government for transitioning.

52. GFE INTEGRATED VALVES: REF: CLIN 0076 GFE – this is very uncommon that the GOV would own their own Walkabouts (Airgas Product) or Grab N Go (Praxair) – if so, which facilities are they owned used at please?

Answer: Government does own GFE Integrated Valves. Please refer to Attachment (1) Delivery Locations to view facilities that own their cylinders.

53. Para 10.11 states Page 21 of 81:

All transportation charges for delivering/picking up cylinders shall be included in the price of the medical gas. Additional charges such as delivery fees, hazardous material fees, fuel surcharges, shall NOT be billed to, or collected from, the facilities for orders received under this Contract Can the GOV recommend how the vendor is to estimate delivery costs - into pricing if they do not know:

The CLINs required by facility (Types of Gas – where delivered) The Quantities for each facility (how much delivery) Any special requirements such as installing cylinders on Manifolds? (inclusive reqs)

Answer: The Government will not entertain adding additional CLINs. The Government will not dictate how quoters will quote pricing for medical gases. As stated in the RFQ, medical gas pricing shall be all inclusive, to include additional charges as outlined in the statement of work.

54. Para 7.1 Page 17 of 81 states:

Incoming contractor shall coordinate with the incumbent contractor during the transition period to the removal of the incumbent contractor’s equipment form each facility. Please clarify the extent/context the GOV is expecting of the incoming contractor?

Answer: If Awardee intends to utilize the incumbent as their supplier/sub-contractor, it will be the Awardees responsibility to work with the incumbent to establish starting cylinder counts and/or inventory; if the Awardee is not utilizing the incumbent as the supplier, the Awardee would not need to coordinate with the incumbent.

55. Para 7.5 Page 18 of 81 states that both contractors must conduct an audit. Can the GOV please provide the rationale for this given:

During the transition period, both Contractors, incoming and outgoing, shall separately conduct an inventory audit that documents the number of contractor-owned and government-owned cylinders. All auditing documents must be approved and signed by all parties involved during the transition periods as emphasized above.

Answer: If Awardee intends to utilize the incumbent as their supplier/sub-contractor, it will be the Awardees responsibility to work with the incumbent to establish starting cylinder counts and/or inventory; if the Awardee is not utilizing the incumbent as the supplier, the Awardee would not need to coordinate with the incumbent.

56. GFE INTEGRATED VALVES: REF: CLIN 0076 GFE – this is very uncommon that the GOV would own their own Walkabouts (Airgas Product) or Grab N Go (Praxair) – if so, which facilities are they owned used at please?

Answer: Government owned GFE Integrated Valves is not uncommon; please refer to Attachment (1) Delivery Locations to view facilities that own their cylinders.

57. Pages 23-24 of 81, Para 18 Personnel. What is the GOV’s rationale for this Paragraph?

PERSONNEL:

The Contractor shall provide one (1) representative per VISN who shall act as the primary liaison between the VISN and the contractor regarding this contract.

The representative shall be available regardless of ordering method. No later than 30 days after contract start date, the VA shall be provided with a list of liaisons serving each VISN covered under this contract. The contact list shall include name, phone, and email.

The name of the person shall be designated in writing to the Contracting Officer. The contractor’s liaison shall have full authority to act for the contractor on all matters related to:

Daily operations of the contract Assist in resolving invoice issues Assist in resolving delivery issues, Main point of contact for arranging annual auditing of medical gases

Answer: There is a requirement to provide a direct POC and/or representative per VISN for CORs to discuss issues/matters as outlined in the statement of work.

58. Is there a PRS / GOV QASP for this RFQ?

Answer: No.

59. CLIN 0095 – Liquid Nitrogen is no longer priced by the Liter after the FDA Rule Changes – (attached is a briefing that outlines Airgas implementation of the New Rules in 2018 – FYI only – the FDA rules are applicable for all Vendors as of 2018) Answer: The Government has updated Attachment (2) Schedule of Items to reflect no price by liter.

Can you please consider delaying the proposal until 1 October due to the stress Covid-19 has placed on the supply of medical gas and oxygen?

Answer: The Government will continue with the solicitation process. Please refer to Question 2, for the new close date and time.

60. Is VISN 23 part of the package as well.

Answer: No.

A.1 CONTRACT ADMINISTRATION DATA

1. CONTRACT ADMINISTRATION: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C776 Department of Veterans Affairs Program Contracting Activity Central 212 3rd Ave. South, Suite 29 Minneapolis MN 55401

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

The Contractor must electronically submit an ANSI X12 810 – Invoice transaction set for each delivery of gases to FSC. Invoices must be submitted within one (1) month of order fulfillment and any invoices submitted after that time may not be accepted.

The Contractor must electronically submit via www.ob10.com/us/en/veterans-affairs/e-invoice for each participating facility monthly cylinder rental of medical gases. Invoices must be submitted within one (1) month of cylinder rentals.

Description of a valid invoice: Invoices for orders placed for medical gas fills for payment is to be filed electronically using EDI Transaction set 810. No paper invoices should be submitted to FSC for payment. In accordance with the Prompt Payment Act, 52.232-25 the, a proper invoice must include:

1. Name and address of the CONTRACTOR.

1. Invoice date. (The Contractor is encouraged to date invoices as close as possible to the date of the delivery/ transmission).

1. Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number).

1. Description, quantity, UOM, unit price, and extended price of medical gases delivered, or services performed.

1. Name and address of authorized official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

1. Name (where applicable), title, phone number, and mailing address of person to be notified in the event of a defective invoice.

1. Any other information or documentation required by the contract (such as evidence of shipment).

1. While not required, the CONTRACTOR is strongly encouraged to assign an identification number to each invoice.

PAYMENTS AND INVOICING: VA shall review the invoice against its record. VA shall notify the of invoice discrepancies. Upon the resolution of the discrepancies, VA shall approve the invoice and make payment to the Contractor. Invoices shall be paid within thirty (30) days upon final acceptance by the Government. Each invoice must comply with the requirements of FAR 52.212-4 Contract Terms and Conditions – Commercial, to include required information as follows:

1.) Facility’s name and address where supply was provided.

2.) Contract number. (example – VA240C-15-D-XXXX) 3.) Purchase order number. (example – 240- C1XXXX) 4.) Type of supply provided No advance payments shall be authorized. The Contractor shall submit rental invoices monthly. The Contractor shall share monthly rental invoice(s) with Authorized Ordering Officer and COR prior to submission in EDI and/or submission to the VA Finance Center for review. Payment of invoices may be delayed if the appropriate invoices as specified in the contract are not completed and submitted as required.

6. ORDERING PROCESSES: Ordering officers (OOs) will be authorized to place orders against this contract. The Contracting Officer (CO) will furnish the with the names of individuals authorized as OOs, by separate memorandum upon issuance of the contract. When OOs are added after award, the CO will furnish the with the names of individuals authorized as OOs, by memorandum upon OO appointment. OOs are responsible for issuing and administering orders placed under this contract. OOs have no authority to modify any term of this basic contract. Any deviation from the terms of the basic contract must be approved in writing by the CO responsible for this contract. The shall accept orders against this contract only from the CO and/or authorized OOs. Fulfilling orders from persons other than the CO or OO may result in loss or delay in payment for supplies/services provided under such orders.

The Contractor shall have Electronic Data Interchange (EDI) capabilities to process EDI orders and acknowledge orders in accordance with ANSI ASC X.12M Supply Chain Standard Transaction sets.

EDI is the transfer of structured business data from the computer system of one organization to the computer system of another. The data routinely recorded on purchase orders, invoices, remittance/payment notices, and other business forms is exchanged electronically in a machine-readable format between an organization and its customers, suppliers, transportation carriers, and financial institutions without human intervention.

In order to electronically transfer data more efficiently between parties, cross-industry standards (known as X12) for business forms and computer protocols have been developed by the American National Standards Institute (ANSI). Instead of each party creating its own contents and format, they use ANSI X12 standards to exchange information with each other. This standard format defines which documents will be exchanged, what information each document will contain, how the information will be sequenced, the form of the information, and what each piece of information means. EDI standards provide common formats that allow organizations to communicate business information electronically without making significant changes to their internal systems.

The Contractor shall provide their own computer hardware and software necessary to receive and transmit all functions required. The CONTRACTOR must be capable of and experienced with transmitting/accepting EDI ANSI X12 v5010 transaction sets 850, 855, and 810, at time of proposal submission. The CONTRACTOR will be required to provide verification of its capability and experience within three (3) months of effective ordering period unless this requirement is waived due to recent demonstrated performance. The CONTRACTOR shall have EDI interface capabilities within the 120-calendar day implementation period to process EDI orders and acknowledge orders in accordance with ANSI ASC X.12M Supply Chain Standard Transaction set:

Current transactions:

850 (Purchase Order) 855 (Purchase Order Acknowledgement) 860 (Purchase Order Modification) 810 (Invoice) EDI 810 – Invoice: This transaction set will go from the CONTRACTOR to the FSC to be used for billing the customer and payment to the CONTRACTOR. CONTRACTORs must provide a line item detail Invoice, EDI 810, to FSC. The line item detail and CLIN sequence on the CONTRACTOR EDI 810 must match the line item detail and CLIN sequence on the EDI 850 Purchase Order, the EDI 855 Purchase Acknowledgement and the EDI 856 Advanced Shipment notice. For MSCONTRACTOR Product List supplies, the line item dollar value cited on the EDI 810 invoice must match the EDI 850 price. The ordering office’s assigned delivery order number shall be cited in its entirety on the electronic invoice. For customers, payment will be made 30-days after customer receipt of either a valid invoice or supplies, whichever is later. FSC will make payment via EFT to the CONTRACTOR's financial institution. (Manual payments may be warranted under unusual circumstances.)

EDI 850 – Purchase Order: This transaction set will go from FSC to the CONTRACTOR and will be used by the ordering facility to place electronic orders. Specific formatting instruction for EDI 850 will be provided by FSC in an implementation guide.

EDI 855 – Purchase Order Acknowledgement: This transaction set will be sent from the CONTRACTOR to the FSC and will be used by the CONTRACTOR to confirm the order. Specific formatting instructions for EDI 855 will be provided by FSC in an implementation guide.

EDI 860 – Purchase Order Modification: This transaction set will go from FSC to the CONTRACTOR and will be used to request a…