Questions and Answers - 36C77622Q0044 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 4

See block 16

36C776

Department of Veterans Affairs

Program Contracting Activity Central

Charles Morin

212 3rd Ave. South, Suite 29

Minneapolis MN 55401

00776

To all Offerors/Bidders

36C77622Q0044

3-1-2022

X

X

Please reference pages 2. through 4. below for all questions and answers received on RFQ 36C77622Q0044.

All other terms and conditions remain unchanged.

Charles Morin – Contracting Officer

3-21-2022

36C77622Q0044 0001 Page 2 of 4

1. Q - Good afternoon. Due to COVID related supply chain delays, we are requesting that the Department of Veterans Affairs give consideration to an implementation date of

November/December 2022.

A - We have received and reviewed your request to change the implementation date for this requirement to November/December 2022. The VA will not be changing the start date / implementation date for this new contract.

2. Q - Page 10 of 86 – please confirm the estimated quantities were historical source of quantities by gas type annual. We ask this respectfully because this has been a problem historically, both what gases are needed, and in what quantities. This is made worse by bidding a consolidated Gas List, which does not provide the offeror – what gases, and in what quantities are needed where to formulate a price – yet the GOV is evaluating

LPTA?

A - The VA used multiple sources to develop our estimated quantities for this RFQ to include historical usage rates. While we do believe our estimates to be accurate, please note that usage rates can change. Please keep in mind that this will be an Indefinite-

Delivery Indefinite-Quantity contract.

3. Q - How is the GOV going to evaluate the total price – LPTA, to ensure the offeror can supply the (unidentified gases – where and in what quantity) gases to all locations that they are needed? This is significant because, rhetorically, how does an offeror price this, especially with a FAR 13 ($250K threshold – “at odds” with a Not to exceed a 5-year requirement that is not to exceed page 9 of 86 para B.2 – a not to exceed in 5 years a ceiling $6,975,000, million – in practical terms – nearly 28 times the FAR 13 threshold?

A - Please review E.8 52.212- Evaluation-Commercial Items (OCT 2014) on page 67 of the RFQ. There is specific language listed here that details how the Government will evaluate total price.

We would recommend you review FAR 13 for threshold requirements when using simplified procedures for commercial products and services.

36C77622Q0044 0001 Page 3 of 4

4. Q - Given Q 1 & Q2 (previous questions) – would the GOV consider soliciting this under

FAR 15 101-2 (d), “contracting Officer shall avoid, to the maximum extent practicable, using the LPTA source selection in the case of a procurement that is predominantly for the acquisition” -- 15 101-(d) (1) – (paraphrase) Whereas using LPTA --- for Health

Services and Records… Respectfully, this acquisition is for Healthcare Services supplying Medical Grad Oxygen and Specialty Gas Cylinders to the Federal

Government, which for example, managing the Global Shortage of Helium is a premium skill to support out hospitals (Helium is supplied for example CLIN 1085 in the scheduled of items).

A - The Government does not intend to change the solicitation method for this requirement. Additionally, the limitations listed in FAR 15.101-2(d)(1) for the use of LPTA do not apply to this acquisition. Specifically, medical gases are a commercial supply item and are not classified as a health care service.

5. Q - Page 11 of 86 – all of Paragraph : Please clarify that Paragraph 2 – specifically the differentiation between Para 2.1 (supplier being licensed), 2.2 SDVOB Prime Contractor (must ensure subcontractor is licensed) and Para 2.3 which requires the offeror/awardee to (be considered Technically Acceptable:

Is the GOV affirming that if a State requires the Prime Contractor/Accountable entity to be licensed – so that all elements in the Pharmaceutical Chain of Custody are licensed – specifically the GOV requires a Distribution License for those States (where a

VAMC/CBOC reside)? Additionally, this is State Law for most of the States in the US

(but not all). Lastly concerning this question, how is the GOV confirming that a vendor has the requisite license to distribute Medical Oxygen to VAMCs within those States that require licensing? Please note, the VAMC is not the end user.

A - If applicable, the statements in 2.1, 2.2 and 2.3 of the SOW apply.

6. Q - Page 12 of 86 – Paragraph 3.1 Insurance Requirements: How is the GOV going to discern that the offeror is insured for NAICS 325120/221210 – the actual requirement for this work to comply with the RFQ, and not just the dollar values listed in the RFQ? Is this addressed on page 45 of 86, the operative work being “kind:” (a) 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. Specifically – does this mean insured for NAICS

325120/221210?

36C77622Q0044 0001 Page 4 of 4

A - The contractor is expected to know the type of insurance they are required to hold for their industry. As stated in 3.1 of the SOW, a copy of this insurance will be provided at the time of contract award and annually to the CO. Additionally, please reference C.18

52.228-5 on page 45 of the RFQ.

7. Q - Please confirm why Past Performance is NOT an Evaluation Factor under the Technical Submission (PG 61 of 86)? Specifically, what is the GOV’s justification as this is applicable to both FAR 13 and FAR 15 and if not used, justification must be documented in the Contract File – what is the GOV’s justification to NOT evaluate recent and relevant Past Performance when (8) VAMCs and (28) CBOCs are at stake?

A – Please reference E.8 52.212-2 for a list of the evaluation factors for this RFQ. As noted, Past Performance is not as Evaluation Factor listed here. However, satisfactory past performance will be determined by the Contracting Officer as part of the Contractor Responsibility Determination, as described in VHAPG Part 809.1.

8. Q - On Site Annual Inventories (PG 16 of 86, 7.5.5.) – Request a CLIN to be added to the Schedule of Items for this service as there is a time and travel cost for this to be accomplished by the vendor and subcontractor. This was included as a CLIN in the previous VISN 12 Med Cylinder Solicitation (36C77620Q0041)

A - We have reviewed your request to add a LIN to the Schedule of Items regarding on site annual inventories. The Government will not be updating the Schedule of Items to include a LIN for annual inventories.

9. Q - I noticed questions are due by 3/18 and we would like to ask for more time for questions.

A - We have received and reviewed your request to provide more time for questions on this RFQ past 3/18/2022. The VA will not be changing the language in the RFQ requesting all questions be submitted by 3/18/2022.