Amendment 0006 Questions and Answers .docx

Amendment 0006 – Questions and Answers

The following questions and answers from amendment 0003 have been revised for additional clarifications.

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.

Revised Answer: Government Purchase Card orders placed up to the Micro purchase Threshold ($25,000) payment will be made by credit card. Orders above the Micro purchase Threshold (>$25,001) a call order will be issued on an SF 1449 and payment will be made through WAWF. See revision to RFQ Blanket Purchase Agreement Section paragraph 12. Payments and Invoicing.

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: No. The Government will not revise the Solicitation to add this requirement. The gas products under this requirement are delivered to federal Research Laboratories as end-user consumers, not for resale or patient care. Under 21 U.S.C. § 353(e)(4)(Q), the distribution of medical gas and sales directly to consumers are statutorily excluded from "wholesale distribution" licensing requirements.

Question: 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.

Revised Answer: No. The Government will not revise the Solicitation to add this requirement. The gas products under this requirement are delivered to federal Research Laboratories as end-user consumers, not for resale or patient care. Under 21 U.S.C. § 353(e)(4)(Q), the distribution of medical gas and sales directly to consumers are statutorily excluded from "wholesale distribution" licensing requirements.

Question: 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: No. Wholesale drug or device distributor licenses are not required by law for this requirement and will not be evaluated as a definitive responsibility criterion or under Technical Acceptability. The RFQ evaluation criteria is LPTA, and Technical Acceptability will be evaluated solely on the submission requirements stated in the Solicitation.

Revised Answer: The RFQ evaluation criteria is LPTA. Offerors for the non-price factor Technical Acceptability will submit evidence of its quality control and regulatory-compliance for handling, storage, transportation, delivery, maintenance and servicing of gases and dry ice.

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: An offeror will not be downgraded or found technically unacceptable for not possessing a wholesale medical gas distribution license. Furthermore, to the extent any general commercial transportation or handling permits apply to physical delivery, an offeror may lawfully rely on the capabilities, resources, and permits of its subcontractors or gas manufacturers to perform the SOW requirements.

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.

Revised: The Government does not confirm. As stated in Q&A 31, federal and state "wholesale distribution" licenses for prescription drugs (under 21 U.S.C. § 353(e) and 21 CFR Part 205) do not apply to this procurement. Further, under federal procurement law, a small business prime contractor is not required to hold transport or manufacturing permits in its own name at the time of quote submission and may rely on the compliant facilities, cylinders, and certifications of its subcontractors or suppliers to execute the SOW.

The following questions and answers are for new questions received after amendment 0004.

Question 34. Nonmanufacturer Rule / Supplier Arrangement: As this acquisition is a 100% small-business set-aside and incorporates FAR 52.219-33, may a small-business prime contractor/reseller furnish compliant medical, laboratory, and industrial gases manufactured or supplied by qualified manufacturers or distributors, provided the resulting arrangement complies with all applicable small-business requirements?

Answer: The NAICS Code for this requirement is 325120 Industrial Gases Manufacturing. SBA has issued a class waiver for the NAICS Code 325120, therefore 52.219-33 does not apply to the covered supply items under this requirement and has been deleted from the RFQ.

A Small-business prime contractor can be a reseller or distributor using products manufactured or supplied by qualified manufacturers, distributors, or other suppliers, including firms that are not small businesses to furnish compliant medical, laboratory, industrial, and other covered gas products.

The prime contractor must qualify as a small business under the solicitation’s assigned NAICS code and size standard and remains responsible for ensuring that all products and services furnished under the BPA comply with the solicitation, including applicable product specifications, medical-gas quality requirements, licensing, transportation, safety, delivery, traceability, and reporting requirements.

The deletion of FAR 52.219-33 does not relieve the prime contractor of responsibility for performance by its manufacturers, distributors, suppliers, carriers, or subcontractors.

Question 35. Prime vs. Subcontractor Licensing: Amendment 0003 states that applicable licensing requirements apply at both the prime and subcontract levels. Could the Government please clarify which Federal and State licenses or registrations must be held directly by the prime contractor at the time of quotation submission, versus those that may be held by the qualified subcontractor or supplier performing the regulated activity?

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. Offerors for the non-price factor Technical Acceptability is to submit evidence of its quality control and regulatory-compliance for handling, storage, transportation, delivery, maintenance and servicing of gases and dry ice.

Question 36. Multiple-Supplier Geographic Coverage: May the prime contractor utilize multiple qualified suppliers or subcontractors to satisfy the delivery and service requirements across the various geographic locations identified in the solicitation, while remaining fully responsible to the Government for contract performance?

Answer: The prime contractor may utilize multiple qualified manufacturers, suppliers, distributors, carriers, or subcontractors to satisfy the delivery and service requirements at the authorized geographic locations, provided the proposed arrangement complies with the solicitation, applicable Federal and State laws and licensing requirements, and all applicable contract clauses.

The prime contractor shall remain fully responsible to the Government for all performance under the BPA and any resulting Call Orders, including the performance of its suppliers and subcontractors. The prime contractor shall also be responsible for ensuring that the products and services provided meet all applicable requirements.

Question 37. Commercial Published Price List: For a small-business prime operating as a reseller/distributor, may the required commercial price list consist of the prime contractor's commercial resale pricing derived from its supplier/manufacturer pricing, or must the underlying manufacturer's/distributor's published commercial price list also be submitted?

Answer: Yes, see revisions to Addendum to 52.212-1 Instructions to Offerors.

Question 38. USAMRIID row 57, "Carbon Dioxide CD USPBLK," lists a unit of measure of CCF and an estimated quantity of 228,240. Please confirm that CCF is the intended pricing unit, rather than pounds, and confirm the measurement basis.

Answer: No CFF is not the correct unit of measurement for USAMRIID Carbon Dioxide CD USPBLK. The correct unit of measurement for this item is pounds (lbs), attachment 2 price list has been updated.

Question 39. USAFMES row 187, "Nitrogen Liquid Bulk," lists 5,652 CCF. Amendment 0003 Q&A Answer 25(c) states estimated annual usage of 4,313,000 CF.

Please confirm the controlling annual quantity and pricing unit.

Answer: The annual quantity is 5,652,000 CCF, attachment 2 price list has been updated.

Question 40. USAMRICD row 102 says "Liquid Nitrogen 850 L weekly" and lists 1,200 liters annually. Amendment 0003 Q&A Answer 22(d) says 14 x 250-liter dewars are refilled weekly. Please confirm the delivery quantity, frequency, and worksheet quantity to be priced.

Answer: USAMRICD row for 102 is 850L weekly and the annual estimate is 44,200 L.

Question 41. The WRAIR main-campus portion includes microbulk installation/fill rows 6 and 12. Amendment 0003 Q&A Answers 23(h)-(j) state that no microbulk is at WRAIR, while Answer 28 states that one microbulk is at PBF, Building 501. Please identify the correct line(s) to price and whether rows 6 and 12 should be removed, priced at zero, or treated as the PBF requirement.

Answer: See revised Attachment 2 Product Price List.

Question 42. Is FAR 52.219-33 intended to apply to this BPA and its Call Orders notwithstanding the $350,000 maximum individual Call Order and the current $350,000 SAT, including the SBA class waiver associated with NAICS 325120?

Answer: See the response to Question 34 FAR 52.219-33 does not apply and has been removed from the RFQ.

Question 43. Regarding Amendment 0003, Question 32: if a small-business prime does not manufacture, store, transport, or physically deliver the gases, and a fully licensed gas supplier/subcontractor performs those regulated activities, must the prime independently hold Alabama and Delaware wholesale/medical-gas distributor licenses at quote submission, or must each party hold only the licenses legally applicable to the activities it actually performs?

Answer: See revised answer to Question 32 above.

Question 44. May an offeror quote only the product categories/locations/line items it can fully support, with the Government establishing BPA coverage among multiple vendors, or must an offeror provide the complete revised product list and full scope—including medical gases, laboratory/specialty gases, bulk/liquid products, equipment/services, and dry ice—as a single complete offering?

Answer: The Government intends to award a single BPA, quotation shall be for all items identified in the price list.

Question 45. The RFQ incorporates FAR 52.219-33. Has SBA granted a class or individual waiver of the Nonmanufacturer Rule for the items on the Revised Price List Worksheet (NAICS 325120)? If not, will the Government apply the multiple-item procurement standard at 13 CFR 121.406(d)?

Answer: See response to question 34 above.

Question 46. The response to Question 32 states that license requirements apply to the prime and subcontractors at the time of quote. Suppose the prime does not take physical possession of medical gases, and a licensed subcontractor performs all filling, storage, handling, and delivery. Must the prime hold its own Alabama and Delaware wholesale/distributor licenses at the time of quote, or is the subcontractor's licensure sufficient?

Answer: See revised answer to Question 32 above.

Question 47. Section 1 of the instructions references "52.204-7998 Alt A – Annual Representations and Certifications." Is a current SAM registration with completed annual representations sufficient for this item?

Answer: Instructions to Offeror’s have been updated for the listed provisions and representations requirements for completion by offerors.

Question 48. Amendment 0005 indicates the product list is still being updated. Do you anticipate a further amendment before the October 29 due date?

Answer: Amendment 0006 issued on 3 Nov 2026, with answers to questions, revisions to the RFQ, SOW and Product Price List.

Question 49. Whether FAR 52.219-33, Nonmanufacturer Rule, applies to this BPA and its individual call orders, and whether any class or contract specific waivers apply to the requested products?

Answer: See response to question 34 above.

Question 50. Whether the Government will evaluate compliance with the Nonmanufacturer Rule and limitations on subcontracting at the BPA level, individual call order level, or another specified period?

Answer: FAR 52.219-14 Limitations on Subcontracting is not applicable to this agreement unless incorporated into the individual order when required by the applicable FAR clause prescription. See revision to the RFQ.

Question 51. Which licenses and certifications must be held directly by the prime contractor at quotation submission, as distinguished from those held by the actual gas manufacturer, distributor, or technical subcontractor?

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. Offerors for the non-price factor Technical Acceptability is to submit evidence of its quality control and regulatory-compliance for handling, storage, transportation, delivery, maintenance and servicing of gases and dry ice.

Question 52. Whether a small business nonmanufacturer may propose direct delivery from a qualified manufacturer to the Government facility while retaining ownership or possession in a manner consistent with applicable regulations and industry practice?

Answer: See the response to question 34 above 52.219-33 Nonmanufacturer Rule does not apply. An Offeror may propose direct delivery from the manufacturer to the Government facility. Offeror. The offeror remains responsible for ensuring conformity of supplies and meeting all requirements relating to delivery, product traceability, packaging, and safety.

Question 53. Whether the Government requires a specific subcontracting compliance certification or performance responsibility matrix with the quotation?

Answer: No, the RFQ does not require offerors to submit a separate subcontracting-compliance certification or performance-responsibility matrix with their quotations.

Question 54. Please provide or identify the final price schedule and the referenced Attachment 2 — List of Medical Gases/MECs. The revised SOW provided to us references Attachment 2, but the copy appears to include only the acronyms attachment. Please confirm whether the current 155-line price schedule is final.

Answer: Attached in this amendment is the final revised Attachment 2. Product List for all offers to provide their pricing.

Question 55. Please confirm the correct delivery ZIP for Fort Detrick, MD: 21701 or 21702.

Answer: The Zip Code for Fort Detrick, MD is 21702.

Question 56. Please confirm the correct delivery ZIP for Aberdeen Proving Ground, MD: 21010 or 21010-5400?

The Zip Code for Aberdeen Proving Ground, MD both are correct, for the purposes of this requirement 21010 will be used.

Question 57. The SOW states up to 1,200 lb of dry ice monthly, while the price schedule includes a 500 lb weekly line. Please confirm which quantity should be used for pricing.

Answer: The SOW has been revised to read 500 weekly.

Question 58. For lines with blank or unclear quantities, should offerors provide unit prices for every listed item, with no extended quantity? Please confirm how those entries will be evaluated.

Answer: See revisions to the price list extended quantity has been added to blank listed quantities.