S02 36C79121R0011 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 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).

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

Department of Veterans Affairs Commodities & Services Acquisition Svc (003B6E) 555 Corporate Circle Golden CO 80401-5621

Department of Veterans Affairs Commodities & Services Acquisition Svc (003B6E) 555 Corporate Circle Golden CO 80401-5621

To all Offerors/Bidders 36C79121R0011

09-09-2021 X

X X 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 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. 10-25-2021/1630 MDT

X 1

The purpose of this amendment is to answer initial questions from vendors; make minor administrative changes; amends delivery requirements; revises expedited delivery payment procedure; revises Attachment 7 – Pricing Schedule Template;

and adds a price evaluation preference for VetBiz certified SDVOSB and VOSB vendors.

Please see Attachment page for additional information.

This amendment must be acknowledged to the contracting office no later than October 25, 2021, 4:30 p.m. MDT.

Thomas J. Brick Contracting Officer

10-01-2021

Attachment Page VA Solicitation Number 36C79121R0011 0001 Nebulizers and Accessories

Block 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT), page 1 From: Sheila R. Kiker

To: Thomas J. Brick

4.6 DELIVERY REQUIREMENTS, page 15

From: 4.6.1 All orders must be received within 15 days after receipt of orders.

To: 4.6.1 All orders must be received within 10 days after receipt of orders.

4.6 DELIVERY REQUIREMENTS, page 16

From: 4.6.4 Delivery shall be made in accordance with the following time frames: Standard delivery shall be made within five (5) days after receipt of a delivery order, expedited delivery within two

(2) days, and emergency delivery within 24 hours. Any additional delivery requirements shall be specified on the individual delivery order.

To: 4.6.4 Delivery shall be made in accordance with the following time frames: Standard delivery shall be made within ten (10) days after receipt of a delivery order, expedited delivery within five

(5) days, and emergency delivery within 24-48 hours after receipt of a delivery order regardless of the day. Vendors are not required to ship products directly to Veterans.

4.6.5 Expedited delivery, page 16

From: iv. If the contractor accepts an expedited delivery request, it will ship the product within the agreed schedule at no additional shipping cost to the Government.

To: iv. The Government agrees to pay the difference between Standard and expedited freight costs for expedited and emergency delivery. Any additional delivery requirements shall be specified on the individual delivery order.

E.5 QUESTIONS, pages 37-38

A second round of Questions is being conducted. Questions relating to this solicitation shall be emailed to Theo Torrence, Contract Specialist, theodore.torrence@va.gov, and please courtesy copy Ryan Garrison, Contracting Officer, ryan.garrison@va.gov. All questions shall be submitted on Attachment 6 RFP Questions via email. Only written questions submitted using Attachment 6 – RFP Questions (one document per Contractor) will be accepted. All questions are due not later than October 6, 2021, 1:00 p.m. MDT.

E.6 EVALUATION, page 46

From: E.6 EVALUATION

To: E.6 EVALUATION Misplaced header; delete.

mailto:theodore.torrence@va.gov mailto:ryan.garrison@va.gov

Attachment Page VA Solicitation Number 36C79121R0011 0001 Nebulizers and Accessories

E.7 EVALUATION PROCEDURES AND APPROACH; PRICE, page 48

Added:

A price evaluation preference will be given to VetBiz certified SDVOSBs at a 5.00% factor and VOSBs at a 3.00% factor. Offered prices from VetBiz certified SDVOSB and VOSB offerors will have a 5.00% and 3.00%, respectively, reduction of their offered price (per product group) to be utilized for evaluation purposes only. Note that the preference is based upon the offeror’s socioeconomic status; the business size of the manufacturer (if offeror is not manufacturer) will not be relevant for this preference. See below for an example of how the preference will be applied mathematically.

Example Offeror 1, Not a VOSB/SDVOSB. Offered price is $25.00.

Example Offeror 2, VOSB. Offered price is $25.50.

Offeror 2 price reduced by 3% is $24.74 (25.50 x .97). Therefore, Offeror 2 price would be lower, after applying 3% VOSB price evaluation preference and Offeror 2 would receive award at price of $25.50 if the proposal was technically acceptable, determined to be responsible, and all other solicitation requirements were met.

S02 36C79121R0011 Attachment 5 RFP Questions _ Government Response

QUESTION # RFP Section/Paragraph no.

QUESTIONS

1 2.4.1 In section 2.4.1 the solicitation requests two types of compressors. Number 1 is an “Electric Compressor” and Number 2 is a “Portable Nebulizer Compressor” with rechargeable battery. Do we have to offer both to qualify for this solicitation? We have a product that is made in the USA/Canada that meets every requirement. Our manufacturer does not make a Portable Nebulizer with rechargeable battery.

Answer In order to participate the offerors have to offer both compressors -- electric and portable.

2 4.4.2 In section 4.4.2 it states includes shipping. Section 4.6.1 states FOB. Section 4.6.5 iv. Staes "if the contractor accepts an expedited delivery request" Why would we ever except an expedited request at our expence?

Should that be a contract line item for expedited shipping?

Answer Solicitation will be amended to reflect the following:

The Government agrees to pay the difference between Standard and expedited freight costs for expedited and emergency delivery. Any additional delivery requirements shall be specified on the individual delivery order.

3 4.6.4 Section 4.6.4 states Emergency Delivery. No where does it state that a specific instruction area like section

4.6.5 where we have the right to deny the request or charge for emergency delivery. Should there be a line item for emergency delivery shipping?

Answer 4.6.4 The last sentence states, "Any additional delivery requirements shall be specified on the individual delivery order."

4 4.6.7 Will you ever ask us to ship directly to a Veteran as section 4.6.7 states DLC?

Answer Direct shipment to Veterans is not required.

5 2 52.212-1 5(h); E.3 E.252.212-1 (h) states multiple awards and E.3 states 1 award. Will this be one award for all line items or will there be multiple awards?

Answer 2.3.3 The objective is to award a single firm fixed prices, indefinite delivery indefinite quantity (IDIQ) contract. E.2 52.212-1 INSTRUCTIONS TO OFFERORS-- COMMERCIAL ITEMS (JUN 2020), (11)(e ) Multiple offers. This section says, "Offerors are encouraged to submit multiple offers..." It does not state the Government intends to make multiple awards.

6 C.7 Will you require all items to be Made in the U.S.A?

What origns will you allow?

Answer Offered products must be in compliance with 52.225-5 Trade Agreements (OCT 2019)(19 U.S.C. 2501, et seq., 19 U.S.C. 33012 note).

7 Pricing schedule - SLIN 0001B - Portable Nebulizer Compressor;

rechargeable battery with filter and cap

Both the Electric and Portable compressors have the same quantity in the pricing schedule. Does the VA plan to provide a Portable Nebulizer Compressor;

rechargeable battery with filter and cap to each veteran that they provide an Electric Compressor with filter and cap?

Answer These items are typically prescribed by a VA Health Care Provider to the Veteran on a singular, case-by-case basis. What each Veteran needs and will be prescribed cannot be known in advance. The VA requires a large breadth of products to support the many needs of a diverse Veteran population.

8 Pricing schedule The pandemic has created shortages of raw materials, personnel and freight which have resulted in higher costs. With the timing of this bid, these costs are unstable and changing frequently. If the VA locks into a firm fixed price with this bid, the VA could have a higher price over the five years if costs decline during the term of the contract. Is the VA open to a pricing approach where there could be a base price and an inflation component that could be adjusted to reflect the rising or declining variable costs?

Answer The Government believes it has selected the most appropriate contract type for this procurement. The Government does not intend to pursue a Fixed-price contract with economic price adjustment per FAR 16.203-1.

9 Nebulizer & Accessories Minimum Technical Requirements Line item # 1 Electric Compressor (with filter and cap)

What compressor PSIG pressure is required?

Answer Between 35-50.

10 Nebulizer & Accessories Minimum Technical Requirements Line item # 1 Electric Compressor (with filter and cap)

What compressor Free Air Flow is required?

Answer Almost every HHN (the disposable part) the manufacturer states that the nebulizer cup must run on a flow of 6-10 lpm for optimal partical size to deposit in the lungs. 6-10 lpm.

11 Solicitation document page 1 - box 10.

The bid is listed as unrestricted. If an award is made to a manufacturer, is the VA going to require the manufacturer to have a subcontract to a small business or SDVOSB?

Answer Current market research indicates that there will most likely not be any subcontracting opportunities for this procurement.

12 2.2.2 “unrestricted open market basis”. Per the Kingdomware rule of two, it is known by FSS & market research that two or more SDVOSBs are authorized distributors of nebulizers. Why is the solicitation not being considered a set-aside to some level?

Answer In accordance with FAR 19.502-2(c) any concern proposing to furnish a product that it did not manufacture must furnish a domestic product of a small business manufacturer unless the Small Business Administration (SBA) has either granted a waiver or exception to the non-manufacturer rule (NMR). This procurement is for NAICS code 339112 – Surgical and Medical Instrument Manufacturing. In accordance with 13 CFR § 125.6, this NAICS code description cannot be set-aside for small businesses because there is not an existing NMR waiver and the Contracting Officer (CO) has determined based on market research (initial and refreshed) that there is not an expectation of receiving reasonably priced offers from two or more responsible, small business concerns that manufacture nebulizers and accessories or supply nebulizers and accessories manufactured in the United States by another small business.

13 2.2.2 There is no mention of tiered evaluation. Without the tiered evaluation & consideration to small business, how does the VA plan to meet the SBA contract goals?

Answer Please see section E.7 EVALUATION PROCEDURES AND

APPROACH.

14 Letter of Supply FAR 52.225-5 is not a listed clause, but is in the Letter of Supply template. Will all SLINS be required to be TAA compliant?

Answer Offered products must be in compliance with 52.225-5 Trade Agreements (OCT 2019)(19 U.S.C. 2501, et seq., 19 U.S.C. 33012 note).

15 Letter of Supply & E.7 Will the VA give preference or non-price evaluation factors for USA-made nebulizers given Biden Administration “signed Executive Order 14005, an initiative to strengthen the use of federal procurement to support American manufacturing.”

Answer Please see section E.7 EVALUATION PROCEDURES AND

APPROACH.

16 Does the VA plan to award all SLINS to one contractor?

Answer 2.3.3 The objective is to award a single firm fixed prices, indefinite delivery indefinite quantity (IDIQ) contract.

17 4.6.1 & 4.6.4 Delivery requirement is listed as 15 days & also 5 days ARO. Please Clarify expected delivery requirement.

Answer Solicitation will be amended to reflect the following:

4.6.4 Delivery shall be made in accordance with the

following time frames: Standard delivery shall be made within ten (10) days after receipt of a delivery order, expedited delivery within five (5) days, and emergency delivery within 24-48 hours after receipt of a delivery order regardless of the day. Vendors are not required to ship products directly to Veterans.

18 4.6.5 Expedited shipping: Will the VA consider paying the financial difference of st&ard to expedited shipping to cover the loss expedited shipping?

Answer Solicitation will be amended to reflect the following:

The Government agrees to pay the difference between Standard and expedited freight costs for expedited and emergency delivery. Any additional delivery requirements shall be specified on the individual delivery order.

19 PG 43, 1st para & attachment 7

Historical purchase data seems to be split by electric & portable compressor. In the market, the electric to portable ratio is 95% : 5% respectively. Historical quantities are used by the contractor to negotiate material & freight costs down to provide a lower price to the VA. Lower quanties purchased put manufacturers at risk of higher costs because they are not meeting the minimum quantities for discounts. Will the VA please adjust the proposed quantities to reflect the ratio electric more accurately to portable historically purchased by the VA?

Answer Attachment 7 has been revised with updated historical purchase data quantities. Please review Attachment 7, version 2a.

20 Factor 1-Technical, Phase

Will the VA evaluate based on clinical factors such of PSIg pressure & free air flow to ensure appropriate nebulizing of the medication?

Answer Please see section E.7 EVALUATION PROCEDURES AND

APPROACH.

21 E.7, Non-Price Factors Will the VA consider adding a company evaluation factor where the contractor can demonstrate ability to fufil contract such as warehouse sq ft for procured VA stock, co. personnel, & a national presence that can assist in training clinicians?

Answer Please see section E.7 EVALUATION PROCEDURES AND

APPROACH.

22 In the last year, manufacturers & distributors have faced increased material costs, increased shipping & logistics charges & multiple price increases on parts & labor. During this difficult time for small business, we have been unable to raise our prices to the VA. This makes an IDIQ bid difficult to lock in a price to the VA without acknowledging the future volatility of the COVID environment. Does the VA understand that locking in a 5-year price during this market can result in higher cost to the VA because of the unknown? How does the VA intend to be flexible in this extremely challenging environment?

Answer The Government believes it has selected the most appropriate contract type for this procurement. The Government does not intend to pursue a Fixed-price contract with economic price adjustment per FAR 16.203-1.

23 4.6.1 - 4.6.4 Section states, "all orders must be received within 15 days after receipt of orders." Then section 4.6.4 indicates standard delivery within 5 days after receipt of delivery order. What is the delivery time frame 15 or 5?

Answer Solicitation will be amended to reflect the following:

4.6.4 Delivery shall be made in accordance with the

following time frames: Standard delivery shall be made within ten (10) days after receipt of a delivery order, expedited delivery within five (5) days, and emergency delivery within 24-48 hours after receipt of a delivery order regardless of the day. Vendors are not required to ship products directly to Veterans.

24 4.6.1 - 4.6.4 Are the time frames in business days or calendar days?

Answer Per FAR 2.101: Day means, unless otherwise specified, a calendar day.

25 4.6.4 Emergency deliveries are within 24 hours after receipt of delivery order - is this based on business hours? Will VA be responsible for emergency delivery fee?

Answer Any additional delivery requirements shall be specified on the individual delivery order.

26 2.3.1 Will all orders be for stocking to the VA DLC? Will there be any orders direct to veterans?

Answer 4.6.3 Deliveries to VA Denver Logistics Center (DLC) can be made to the following address:

Department of Veterans Affairs VA Denver Logistics Center (003A4D) 555 Corporate Circle Golden, CO 80401-5621 Direct shipment to Veterans is not required.

27 2.2.2 What is the rationale as to why the CSAS changed this "Nebulizers and Accessories" solicitation to an "unrestricted open market" solicitation where the SAC had it as a "100% set-aside for SDVOSB?"

Answer In accordance with FAR 19.502-2(c) any concern proposing to furnish a product that it did not manufacture must furnish a domestic product of a small business manufacturer unless the Small Business Administration (SBA) has either granted a waiver or exception to the non-manufacturer rule (NMR). This procurement is for NAICS code 339112 – Surgical and Medical Instrument Manufacturing. In accordance with 13 CFR § 125.6, this NAICS code description cannot be set-aside for small businesses because there is not an existing NMR waiver and the Contracting Officer (CO) has determined based on market research (initial and refreshed) that there is not an expectation of receiving reasonably priced offers from two or more responsible, small business concerns that manufacture nebulizers and accessories or supply nebulizers and accessories manufactured in the United States by another small business.

28 2.3.1 What projections does the VA have for:

- % of compressors (nebulizers) that will be direct shipped to the DLC

- % of compressors (nebulizers) that will be shipped to the individual VAs

- % of compressors (nebulizers) that will be shipped directly to Veterans

- % of compressors (nebulizers) that will be shipped to contracted service providers

Answer 4.6.3 Deliveries to VA Denver Logistics Center (DLC) can be made to the following address:

Department of Veterans Affairs VA Denver Logistics Center (003A4D) 555 Corporate Circle Golden, CO 80401-5621 Percentage of shipments to locations other than above have not been determined as they are not the primary delivery location. Additionally, please see 4.4

ORDERING INFORMATION.

29 Attachment 7 Is the projected quantity listed for "Portable Nebulizer Compressor; rechargeable battery w/filter & cap "for each year on - Attachment 7 - Pricing Schedule Template (version 1a) accurate since the quantity is identical to the "Electric Compressor w/filter & cap?"

Answer Attachment 7 has been revised with updated historical purchase data quantities. Please review Attachment 7, version 2a.

30 Why hasn't the VA listed a minimum PSIG requirement that the nebulizer should achieve in the MTR's?

Answer PSIG shall be between 35-50.

31 General Will non-TAA compliant items submitted be considered for an award?

Answer Offered products must be in compliance with 52.225-5 Trade Agreements (OCT 2019)(19 U.S.C. 2501, et seq., 19 U.S.C. 33012 note).

32 General Why was this solicitation set as unrestricted when history has shown that there are capable small businesses and even SDVOSB businesses who can supply the requested items?

Answer In accordance with FAR 19.502-2(c) any concern proposing to furnish a product that it did not manufacture must furnish a domestic product of a small business manufacturer unless the Small Business Administration (SBA) has either granted a waiver or exception to the non-manufacturer rule (NMR). This procurement is for NAICS code 339112 – Surgical and Medical Instrument Manufacturing. In accordance with 13 CFR § 125.6, this NAICS code description cannot be set-aside for small businesses because there is not an existing NMR waiver and the Contracting Officer (CO) has determined based on market research (initial and refreshed) that there is not an expectation of receiving reasonably priced offers from two or more responsible, small business concerns that manufacture nebulizers and accessories or supply nebulizers and accessories manufactured in the United States by another small business.

33 2.2.2 Section 2.2.2 states that this solicitation is being set under the NIACS 339112 with a size standard of 1000 employees. Will potential awardees be considered even if they have more than 1000 employees?

Answer This acquisition is being competed under NAICS 339112 and offerors shall be compliant with published size standards unless an exemption applies.

34 General Will orders ever be shipped to an address other than:

Department of Veterans Affairs VA Denver Logistics Center (003A4D) 555 Corporate Circle Golden CO 80401-5621

Answer No.

35 4.6.5 Section 4.6.5 discusses expedited delivery requests. In that section it mentions that if the expedited delivery is accepted that there will be no additional charges to the Government for the expedited shipment. Can you supply an estimated number of expedited requests that the Government may request on an annual basis? As we all know, the cost of shipping has increased exponentially over the past 2 years.

Answer Historically, VA data suggests expedited delivery requests occur less than two percent on all orders.

Please see 4.6.5 for additional information.

36 General Because of Covid-19, over the past year, our industry has seen costs increase exponentially. Many manufactures have issued multiple price increases and have also implemented surcharges on top of those price increases. How will the Government work with their awardees if there becomes a need to increase prices and potentially add a surcharge to their award?

Answer The Government believes it has selected the most appropriate contract type for this procurement. The Government does not intend to pursue a Fixed-price contract with economic price adjustment per FAR 16.203-1.

37 General Will an offer be considered for award if it does not contain on offer for each product requested?

Answer In order to participate the vendors have to offer both compressors -- electric and portable.

38 General Will the Government include a price realism clause as a determining factor during evaluation?

Answer Please see section E.7 EVALUATION PROCEDURES AND

APPROACH.