Amendment_0003_Q_A.pdf

Question 1. The Pricing Worksheet does not provide estimated annual quantities for most line items. Without quantities, offerors cannot calculate extended or total prices, and the Government cannot establish the Total Evaluated Price described in FAR 52.212-2. Will the Government amend the worksheet to include estimated annual quantities for all line items so that quotes can be evaluated on a common basis? If not, how will the Government determine the lowest price?

Answer: This is a requirement for a Blanket Purchase Agreement there is no guarantee minimums or maximums order requirements. The quote is for the items required for a Price List. See revisions to Attachment Products Price List Worksheet, 52.212-1 and 52.212-2.

Question 2. Where quantities are listed, do the numbers represent units or the number of deliveries/fills? Several entries also appear to contain errors (for example, Item 68 shows "approximately 233820-25380 per year"). Will the Government correct these?

Answer: See the revised Product Price lists.

Question 3. Will the contractor submit invoices through WAWF, or will orders be paid by Government Purchase Card? Section 12 of the BPA indicates GPC orders up to $15,000 are paid by card while orders above $15,000 are issued on an SF 1449 and paid through WAWF — please confirm.

Answer: Orders placed by authorized Government Purchase Card (GPC) holders shall be paid by GPC. Orders established on a SF1449 shall be paid through Wide Area Workflow.

Question 4. What is the Current Contract # & who is the current contractor(s) for this same requirement(s)?

Answer: The current award is not a contract but a Blanket Purchase Agreement (BPA).

RFO FAR 12.201-1 (e)(3) a BPA is a method of filling anticipated repetitive needs for supplies or services by establishing "charge accounts" with qualified sources of supply.

The Government is only obligated to the extent that authorized orders are placed under BPAs. Please note: There are no guarantee minimums or maximums order requirements. Current Agreement Information: BPA W81XWH21A0002 and Contractor – Airgas USA, LLC.

Question 5. FOB DESTINATION: Please confirm that the contract resulting from this solicitation will be FOB Destination.

Answer: The resulting BPA will be FOB Destination.

Question 6. 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.

Answer: This will be a Firm Fixed Price Blanket Purchase Agreement for Supplies, the Product Service Code is 6830 – Gases: Compressed and Liquefied and the NAICS Code is 325120 – Industrial Gas Manufacturing.

Question 7. CONTROLLED UNCLASSIFIED INFORMATION (CUI): Will the contract resulting from this solicitation include any CUI – as it pertains to a CMMC certification for federal contractors?

Answer: The BPA will be for a RFO FAR Part 12 Commercial Items and CMMC is not applicable to this requirement.

Question 8. BPA POP DATES: Please confirm the BPA’s POP dates as there are (2) differing sets of date ranges notated in the solicitation (differing start dates of 6/18/2026 & 7/18/2026)

Answer: The BPA PoP dates for the ordering period have been corrected to 09/18/2026 to 9/17/2031 see amendment for revision.

Question 9. CONFIRMATION OF LOCATIONS / DELIVERY POINTS: There are discrepancies between the facility addresses/delivery locations listed in the Pricing Worksheet and the SOW. Due to the inconsistent information provided, will the GOV please confirm the facility addresses/delivery points for each location so that offerors can properly assess the delivery requirements and provide pricing for this opportunity?

Please note that the below information was discerned by combining info in the Pricing Worksheet and the SOW; the addresses vary and/or may have missing information in one of the (2) documents referenced. Please confirm/correct the following:

a. U.S. Army Medical Research Institute of Infectious Diseases (USAMRIID) –

i. USAMRIID delivery point #1: 1425 Porter Street, Fort Detrick, MD 21702

ii. USAMRIID delivery point #2: 8100 Research Plaza, Fort Detrick, MD 21702

b. U.S. Army Medical Research Institute of Chemical Defense (USAMRICD) – 8350

Ricketts Point Rd, BLDG E2900, Aberdeen Proving Ground, MD 21010-5400

c. Walter Reed Army Institute of Research (WRAIR) (part of Fort Detrick’s Forest Glen annex)

i. WRAIR delivery point #1: 503 Robert Grant Ave., BLDG 503, Silver

Spring, MD 20910

ii. WRAIR delivery point #2: 503 Robert Grant Ave., BLDG 511, Silver

Spring, MD 20910

iii. WRAIR delivery point #3 – Pilot Bioproduction Facility (PBF): 503 Robert

Grant Ave., BLDG 501, Silver Spring, MD 20910

iv. WRAIR delivery point #4: 568 Doughten Drive, BLDG 568, Fort Detrick, MD 21701 (located at Ft. Detrick)

d. US Armed Forces Medical Examiner System (USAFMES) – 115 Purple Heart

Drive, Dover AFB, DE 19902

e. US Army Research Institute of Environmental Medicine (USARIEM) – 10 General Green Ave. Natick, MA 01760

f. US Army Aeromedical Research Laboratory (USAARL) – 6901 Farrel Road, Ft.

Rucker, AL 36362

Answer: See RFQ Section H for confirmed and updated address for each organization.

Question 10. PHASE-IN CONTRACT TRANSITION TIMELINE: What is the GOV’s expected timeline to transition between contracts if the awardee is different than the incumbent given the size and complexity of this requirement? This is not addressed in the SOW, and transition is typically “event-based” not “time-based,” especially given this unique requirement for various Bulk Gas, Cylinder Gas, and Dry ice requirements across (6) facilities in (4) states. Post award site visits and conference calls with the Customer as well as administrative items such as account set up will require time and the BPA lists (2) starts dates that both begin within the next month (today begin 6/18/2026).. Typical “event-based” cylinder transitions can take 30-60 days, but Bulk Gas installs may take less or more time longer depending on if the awardee is hiring the incumbent or not, and if there are any pad upgrades required to be compliant with current NFPA regulations.

Answer: The award vehicle will be a BPA there is no minimum or maximum guarantee.

The Government is only obligated to the extent that authorized orders are placed under the awarded BPA.

Question 11. DELIVERY DAYS FOR CYLINDERS OR DRY ICE: Is the GOV amenable to negotiating a delivery day schedule with the awardee for each facility so long as it meets the supply requirements unique to each location?

Answer: Yes, when a dry ice need arises the delivery day schedule can be negotiated, as long as it meets the supply requirements unique to each location.

Question 12. PROOF OF DELIVERY (POD) TICKETS/SLIPS: PGs 2-3 of the SOW (Section 5) states that the delivery ticket must include the BPA number, Call order number, & Unit Price (with extension price). Aligning with the 100% set-aside status of this opportunity, the POD from an Small Businesses’ subcontractor would not include any prime-contract-specific information, especially pricing, and typically not BPA/Call Order #, as the contract would between the GOV and the Prime Contractor. We request the removal of the requirement that PODs include the Prime Contractor’s Unit Price, but we also request removal of the requirement for BPA & Call Order #.

Answer: The Government cannot remove this requirement. This information is required for proof of delivery (POD) for each order placed for tracking purposes, accounting of funds spent for reconciliation of records (GPC) and tracking of Blanket Purchase Agreement Ceiling. The final Awardee is the Prime Contractor.

Question 13. DELIVERY WINDOW/HOURS RESPECTIVE TO EACH FACILITY: What is the Delivery Window (hours) for each facility in which offerors can make deliveries?

And do the delivery hours differ based on the function (e.g., Bulk, CYLs, Dry Ice)?

Answer: See amendment to RFQ Section H for delivery window/hours for each facility.

Question 14. INVOICING & MONTHLY SUMMARY REQUIREMENT: PG 9 of the SOW (Section 7.2.3) requires that the contractor provide a Monthly Purchasing Report by the 10th of the Following month & Invoices submitted within (5) Days of completed services.

We request that this requirement be revised to allow consistency for the submission of monthly invoices and monthly reports to be provided within the first (10) business days of the following month. The reason for this is there are required processing times for consolidating monthly summaries following a month’s end, and Contractors must ensure all Proofs of Delivery (PODs) for the previous month have become available (oftentimes these take several days to post) before they can complete that processing as the PODs are required to summarize all deliveries and returns before rental charges can be calculated. As a result, the requirement to provide an invoice for each location within (5) days is impractical due to the availability of the data and processing times required.

Answer: The invoices submitted within (5) Days (Section 9.1) of completed service is regarding actions where WAWF is the payment.

Question 15. VETERAN EVALUATION PREFERENCES: As this opportunity is a Total Small Business set-aside, will the GOV please confirm that the evaluation method will include VAAR 852.215-70, in accordance with PL 106-50? Will the GOV please confirm why VAAR 852.215-70 has not been included in the RFQ?

Answer: The requirement is a total small business set aside in accordance with the Revolutionary Federal Acquisition Regulation (FAR) Overhaul (RFO). The Request for Quote is issued by the Defense Health Agency Contracting Activity (DHACA) Research and Development (R&D).The applicable regulations to this requirement is FAR and Defense Federal Acquisition Regulation (DFAR). The Veterans Affairs Acquisition Regulations (VAAR) is not applicable to this requirement.

Question 14. PRICING WORKSHEET:

What are the Estimated monthly/yearly QTYs as this is critical data for suppliers to provide competitive pricing, as well allows the supplier to ensure each respective supporting branch is adequately stocked with the gas items unique to each facility? The solicitation mentions discounts, etc., however offerors can’t provide their best competitive pricing without some form of forecast volumes; only the incumbent knows the historical data which provides an unfair advantage.

Answer: The product price list worksheet has been revised to reflect estimated quantities on a 12 month basis for unit pricing of each item. This data is provided for information purposes only. The award vehicle will be a BPA while the data is being provided there is no minimum or maximum guarantee.

Question 15. What is the purpose of providing estimated annual/monthly QTYs of (0) for particular line-item gases?

Answer: See revised Product Price List.

Question 16. EMERGENCY DELIVERY: How does the GOV project to account for costs incurred for any Emergency Deliveries required within (24) hours (either added CLIN by for each function by facility site, or P-Card as needed)? While the SOW requires that Emergency Orders/Deliveries must be acknowledged in (1) hour and delivered within (24), if a facility places an order late in the afternoon for a next day delivery, this is often considered emergency conditions with real costs on the contractor’s distribution operations (especially to account for 6 facilities across multiple states). Typically, truck routes and space on the truck are quickly established/committed in the early afternoon for the next day so a potential VA order may require the distribution team to reroute assets from another customer in order to fulfill the VA’s order. This applies to either Cylinders or Bulk, as a Driver may not have the required cylinder gas or amount of bulk product on the truck already forcing the delivery driver to divert back to the branch or fill plant to retrieve the emergency gas. Emergency Delivery parameters are typically categorized by same day, within (24) hours, off cycle, weekends, or holidays.

Answer: See the revised Product Price List Sheet for Emergency Surge charges.

Question 17. Are all Dry Ice requirements for Pellets or does it vary between facilities (e.g., Blocks or Sheets)?

Answer: Pellets

Question 18. Items Applicable to all Location (Contractor Owned Cylinders):

a. .50% CM, 5% C02 +/-5%; 21.0% OXYGEN +/-5% BALANCE NI – What is the Cylinder size required for this mixture?

Answer: See the revised Product Price lists.

b. CARBON DIOXIDE USP 10 – Please specify the cylinder size. Is this a 10 LB cylinder? See the revised Product Price lists.

c. CARBON DIOXIDE USP180LT – What PSI is required?

d. CARBON DIOXIDE W/SIPHON – What is the Cylinder size required?

e. CHLORINE HP 100PPM +/- 10%; DRY AIR 99.99% +/-5% CGA 660 – What is the Cylinder Size required?

f. CHLORINE HP 140PPM +/- 10%; DRY AIR 99.986% +/-5% - CGA660 - What is the Cylinder Size required?

g. NITROGEN MEDICAL NFE CGA 960 – What is the Cylinder size required? Is this a Size E?

h. Oxygen Various grades and sizes need to be available – What does this CLIN represent and how are offerors to price this? Is this a non-priced item?

i. CARBON DIOXIDE 180LT Industrial and NF – What is the PSI required? Is this industrial or medical as it can’t be both?

j. PF 4 COMP/NI 200 CUSTOM RANGES – what are the “custom ranges” being referred to in this description? What are the gas mix %s required for this?

k. AIRGAS WALK-O2-BOUT OXYGEN USP MEDICAL PURE EA CGA VIPR – Does this have to be Airgas, or can it be any other supplier Integrated Valve Oxygen E Cylinder?

Question 19. Monthly Cylinder Rental:

What are the estimated annual or monthly on hand-balances for each of these CYL Rental Groupings, by delivery location at each facility, as this is critical information for offerors regarding pricing and inventory/volume forecasting?

Answer: The product price list has been revised with estimates, note this is for information purposes only. This requirement is for a BPA there is no guarantee minimums or maximums.

Question 20. USAMRIID (Fort Detrick):

a. Please confirm the GOV is requesting monthly rental pricing for (2) Bulk tanks,

(1) microbulk tank, (3) Dewars, & a jersey barrier into a singular CLIN?

Answer: USAMRIID need is a nitrogen bulk tank on a trailer to fill dewars, they do not require dewars.

b. What are sizes (in liters) of the (3) Dewars and what gas are they for (presumably liquid nitrogen)?

Answer:

c. What do the estimated annual QTYs of 233,820-25,380 represent, especially being the Unit of measure is per MONTH?

Answer: See revised product list.

d. Where are the corresponding CLINs that represent filling of the (3) Dewar refill stations as there is only a monthly rental CLIN (the only Liquid Nitrogen notated under the section applicable to all locations is a 230L with 230 PSI)?

Answer: USAMRIID only does a fill of Liquid Nitrogen.

e. 71-A, Oxygen 50 lbs – Is medical or industrial grade required?

Answer: Medical

f. 71-B, Compressed Oxygen 15 FT3 - Is medical or industrial grade required?

g. 71-C, Compressed Oxygen 24 FT3 - Is medical or industrial grade required?

h. 71-D, Small Oxygen 20 lbs. - Is medical or industrial grade required?

i. 72-A, Nitrogen 50 lbs. - Is medical or industrial grade required?

j. 72-B, Helium 50 lbs - Is medical or industrial grade required?

Question 21. Government Cylinder Maintenance:

a. ü HYDROSTATIC TESTING: What is the GOV’s preferred method to handle costs for Hydrostatic Testing of GOV Owned Cylinders (thru added CLIN, P-card, or separately)?

Answer: The payment of Hydrostatic Testing is to be made in accordance with the method of the Order placed for the testing (SF1449 or GPC) at time of order.

b. There are multiple GOV Owned Cylinder types notated, but it’s not included in the Price Worksheet under Government Cylinder Maintenance and no mention in the SOW for how to address compliance when these cylinders eventually reach their out of test date (typically 5-year & 10-year testing).

Answer: See the revised Product Price List for Hydrostatic Testing. Contractor shall notify the Government of any cylinder that has reached their out of test date at time of discovery.

c. ü 83/84, Replacement- Lost Cylinders - Walk-O-Bouts / Replacement- Lost Cylinders - Walk-O-Bouts MRI: Please confirm if the GOV is stating they own the Airgas-proprietary Walk-O2-Bout as these are not typically sold? If the GOV is using the Walk-O-Bout term loosely, please confirm what GOV Owned Integrated Valve Oxygen E Cylinder is utilized under this contract (if different between locations, please specify).

Answer: Walk-O-Bouts terminology has been removed from the Product Price List.

d. 90/91, Delivery Charge (cylinders/dewars)/Delivery Charge (bulk) – EAST Why are delivery charges for cylinders/dewars (90) & “EAST” bulk (91) listed under the GOV Cylinder Maintenance section?

Answer: See revised Price Product List Worksheet.

e. (no # provided), Why is Dry Ice per pound listed under Government Cylinder Maintenance Section?

Answer: See revised Price Product List Worksheet

f. 91A, Delivery: Why is this generic delivery CLIN listed under Government

Cylinder Maintenance Section and why is the Unit per Pound (LB)?

Answer: See revised Price Product List Worksheet

Question 22. USAMRICD (Aberdeen PG):

a. What is the purpose of projecting a QTY of (0) for a significant portion of these CLINs?

Answer: USAMRICD is a research facility, their requirements change depending on researchers’ needs for their research projects. Therefore, they order the required gases at the request of the research staff.

b. 98, CARBON DIOXIDE Is this Medical or Industrial Grade?

What is the cylinder size required?

Answer: Industrial, 300

c. 111, ISOBUTANE RES SZ LP5 – what function is this gas used for?

112, Helium, Liquid, 100 LT – what is the PSI required for this Dewar?

Answer: USAMRICD does not order Isobutane at this facility; LHe: 230 PSI, see revised product lists.

d. 115, LIQUID NITROGEN 850L weekly - Is this for filling a stationary microbulk tank?

Answer: USAMRICD does not have a stationary microbulk tank. USAMRICD has 14- 250LT Dewars that are refilled weekly.

e. 116, CARBON DIOXIDE USP180LT – What is the PSI required for this?

Answer: 230 PSI

f. 119, HELIUM IND LIQ 250LT – What is the PSI required for this?

Answer: 230 PSI

g. 120, Rental – HELIUM IND LIQ 250LT – Is there a particular purpose why rental is daily as opposed to monthly (to be consistent with the rest of the monthly CYL rental CLINs)?

Answer: USAMRICD utilizes the LHe for a week; therefore, no need to charge rental tank fees for the month.

h. 121-A, HELIUM LIQUID SIZE 60 – Is this a 60 Liter Dewar? What is the PSI required?

Answer: USAMRICD does not utilizes this size dewar.

i. 121-B, HELIUM LIQUID SIZE 100 – Is this a 100 Liter Dewar? What is the PSI required? If this is a 100L Dewar, what is the difference between this CLIN & # 112 (Helium, Liquid, 100LT)?

Answer: Yes, this is a 100 liter Dewar, the PSI is 230PSI.

Queston 23. WRAIR (Silver Spring):

a. 121-A, Bulk Liquid Nitrogen, NF, per CFF (Bulk 1) 3,000 CCF Please confirm the tank size as CCF is not a unit of measurement when it comes to tank sizes (typically in Gallons or Liters)?

Answer: 121-A (Bulk 1) has a 6,000-gallon capacity

b. What is the estimated annual usage per CCF as the provided (56) CCF annually cannot be correct?

Answer: 121-A (Bulk 1) has 168,000 ccf per year usage (3,000 ccf per delivery, 52-56 deliveries per year).

c. 121-A, Bulk Liquid Nitrogen, NF, per CFF (Bulk 2) 1,000 CCF Please confirm the tank size as CCF is not a unit of measurement when it comes to tank sizes (typically in Gallons or Liters)?

Answer: 121-A (Bulk 2) has a 6,000-gallon capacity; it has 15,000 ccf per year usage (1,000 ccf per delivery, 12-15 deliveries per year).

d. What is the estimated annual usage per CCF as the provided (15) CCF annually cannot be correct 122, MicroBulk Hospital Grade CO2

Answer: Correction – 122 is not a microbulk; this should be listed as “Bulk Liquid Hospital Grade CO2” – 122 has a 468,000-lbs per year usage (18,000 lbs per delivery, 24-26 deliveries per year).

e. What is the size of this microbulk tank?

Answer: Correction – 122 is not a microbulk; this should be listed as “Bulk Liquid Hospital Grade CO2” – 122 has a 28,000-lbs capacity.

f. Is this GOV Owned or Contractor Owned?

Hospital Grade CO2” – 122 is Government-Owned.

g. Please confirm the GOV is only projected (26) pounds annually? This seems extremely low.

Hospital Grade CO2” – Refer to Question d. above.

h. 123-A, Nitrogen Medical Micro Bulk (Liquid Nitrogen) What is the size of this microbulk tank?

Answer: Correction – No microbulk at WRAIR.

i. Is this GOV Owned or Contractor Owned?

Answer: No microbulk at this facility, see updated product price list.

j. Please confirm estimated annual usage as the UOM Column states 450 CCF then the estimated monthly QTY says approximately 22 per year. Usages contradict, and they are also extremely low for a microbulk system.

Answer: No microbulk at this facility, see updated product price list.

k. 130/131/132, GAUGE 2"X600 PSI CRYO LOWER MOUNT CONNECTION 1/4"

NPT CONNECTION SIZE BRASS 8998706/MANIFOLD ASSEMBLY LIQUID

BRASS PIPE LP/GAUGE INSTALL LABOR FEES - ONSITE SERVICES. Please confirm these are not to be priced at this time but only upon request.

Answer: Not Applicable

l. What is this equipment utilized for regarding Dry Ice?

Answer: Dry ice pellets used for packing production samples.

Question 24. WRAIR BLDG 568 (Fort Detrick):

a. What is the difference between customer owned and Government owned in this solicitation as these are typically the same thing?

Answer: Same

b. Assuming Customer Owned and GOV Owned mean the same, what is the estimated # of GFEs on the property books, by CLIN, for Ft Detrick? This is critical information for offerors for planning/forecasting purposes.

133, HELIUM UHP 300 CGA 580 - customer owned 134, ARGON UHP GR 5.0 SIZE 300, - customer owned 136, 95% Argon/5%Methane (P5) - Refill Size 300 - customer owned 137, Liquid Argon - 180L - Argon Dewar – Government customer owned 143, NITROGEN IND LIQ 180LT 230PSI (customer owned) 145, OXYGEN INDUSTRIAL 300 CGA 540 (customer owned) 146, CARBON DIOXIDE IND 300 CGA 320 (customer owned) 135B, AR UHP Dewar

Answer: See revised Product List.

c. Is this gaseous or liquid argon?

Answer: No longer needed; see revised product price list.

d. What is the size of the dewar & PSI required?

e. Is this a GOV Owned Dewar or a contractor provided one?

f. 137, Liquid Argon, 180L – Argon Dewar – Government customer owned – What is the PSI on this tank?

g. 138, Liquid Argon – 180L – Argon Dewar – CERTIFIED What is the PSI on this tank?

h. Is this a GOV Owned Dewar or a contractor provided one?

Answer: No longer needed; strike through 138.

i. 139, NITROGEN DEWAR REFILL per Liter – What is the size of the Dewar (in liters) and how many are there that are required to be filled for this CLIN?

Question 25. AFMES:

ü 149, NITROGEN, LIQUID BULK –

a. What is the size of the Bulk tank for this CLIN?

Answer: 3,000 Gallons

b. Is this a GOV Owned Tank or a Contractor Owned?

Answer: GOV owned

c. What is the estimated annual usage per CCF as the provided (471) CCF annually cannot be correct?

Answer: 4,313,000 cf

d. 152, CARBON MONOXIDE CP, GRADE 2.3 (Compressed); CGA-350 – What is the CYL size for this?

Answer: Large

e. 153, CARBON MONOXIDE CP 300 – What is this gas used for?

Answer: Screening and confirmation testing for CO exposure

f. 159, RENTAL FEE – CYLINDER – MO – Please confirm the GOV wants offerors to incorporate pricing for all cylinder rental types under this section instead of utilizing the section specific to cylinder rentals?

Answer: Yes

Question 26. USARIEM (Natick)

a. 164, Liquid Nitrogen 220L – What is the PSI required for this item?

Answer: 22 PSI

b. 166-A, 36 UHP300 tanks: Oxygen - Medical Grade - Aviation Grade; - in Gov’t owned tanks – How many estimated GFE of this type are on the property Books?

Answer: USARIEM has a total of 36 medical grade oxygen cylinders that are government owned.

c. 166-E, CO2 RESEARCH 150A CGA, 320 – Is Research Grade gas the requirement for this item?

Answer: Yes, this is Research Grade gas.

d. 166-G, Dry Ice - 550 lbs monthly – Please confirm the GOV wants a flat monthly rate for 550 lbs./Month as opposed to a price per pound (as UOM is per

MONTH)?

Answer: USARIEM estimate is 550lbs weekly of dry ice and usually gets it priced by the pound.

Question 27. USAARL (Ft. Novosel)

Where are the respective cylinder fill CLINs as there are only monthly rental CLINs specific to a particular gas item?

Answer: All gas listed are monthly rentals for USAARL.

Question 28. PBF/WRAIR (Silver Spring)

a. 178/179, Liquid Nitrogen, Filling of 1,000 liter tank installed outside building / Liquid Nitrogen, Filling of 1,000 liter tank installed outside building. Periodic (2-3 week) refill. What is the difference between these (2) CLINs? Are these for (2) separate 1,000 Liter Bulk Liquid Nitrogen tanks?

Answer: 178 and 179 are duplicates. There is just one microbulk and it is located at PBF

(BLDG 501)

b. What is the estimated Annual usage that would require an average delivery frequency of refill every 2-3 weeks?

Answer: 178 has a 9,900-ccf per year usage (450 ccf per delivery, 22 deliveries per year).

Question 29. LOSS OF USE FOR CONTRACTOR-OWNED CYLINDERS: While there are replacement CLINs for Loss of GOV Owned Cylinders, what are the procedures to account for LOU costs for contractor-owned cylinders lost while in the GOV’s possession? The below pasted language has been utilized by and suggested to the GOV in previous RFQs for gas supply to VA Medical Centers. The importance of this language cannot be overstated because the rental charges can’t be removed before the GOV issues a PO (which provides “intent to pay”). There is no incentive for the GOV to pay their LOU invoice based solely on counts that are “agreed upon.”

Answer: Contractor shall notify the Government of any Loss of Use of Contractor-owned cylinders at time of discovery. Contractor shall provide supporting documentation for loss of use Contractor-owned cylinders.

Question 30. FAR COMPLIANCE ENFORCEMENT: Please confirm who the GOV entity is that enforces and ensures post-award compliance with FAR 52.212-4, Contract

Terms and Conditions—Commercial Products and Commercial Services (incorporated by reference on the SF1449)?

Answer: The Administrative Contracting Officer of the awarded BPA will be administering the BPA for compliance with FAR 52.212-4.

Question 31. AWARD ELIGIBILITY OF SMALL BUSINESS OFFEROR:

To ensure uninterrupted delivery of medical-grade gases to the Medical Facilities and to avoid post-award delays that could impact patient care, will the GOV revise the Solicitation to require Small Business 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?

Answer: The gas products under listed under this requirement is not for medical treatment facilities (patient care) but for Research Laboratories conducting basic and applied research in support of the specific lab mission requirements.

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?

Answer: All offerors in response to the RFQ at the time of submission must meet all terms and conditions at the prime and subcontract level.

Will the status of an offerors’ license (in this case, a registered wholesaler of drugs and/or devices in the respective states included in this bid that require licensure) be evaluated as a definitive responsibility criterion during the consideration of offers?

Answer: The RFQ evaluation criteria is LPTA. All offerors in response to the RFQ at the time of submission must meet all terms and conditions at the prime and subcontract level.

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

Answer: All offerors in response to the RFQ at the time of submission must meet all terms and conditions at the prime and subcontract level.

Question 32. LICENSING COMPLIANCE OF THE SMALL BUSINESS OFFEROR: Will the GOV please confirm that the required Federal and applicable State licenses and certifications applicable to the Small Business 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 a Small Business offeror in order to comply with the applicable federal, state, and local regulations 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 states of Alabama & Delaware (Maryland & Massachusetts do not require licensure):

Answer: All requirements for licenses compliance applies to the Prime and subcontractors. Offerors must meet this requirement at time of submission of quote.

Question 33. LPTA EVALUATION METHOD: What is the GOV’s rationale for evaluating on an LPTA basis to award an offeror that meets the bare minimum requirement instead of considering the offer that brings the most value for a critical hospital function such as delivering medical-grade oxygen for Veteran consumption (classified by the FDA as a prescription drug)? 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. Please note that there have been multiple recent RFQs for both Bulk Oxygen & Medical Cylinders for a similar function at VA Medical Centers where Best Value via comparative analysis was utilized.

Answer: The evaluation of LPTA for this Commercial Item is in accordance with DFARS 212.