6830--Research Support - Medical Gas Supply

Closed Solicitation Posted

Solicitation number
36C24E24Q0092
Agency
Responses due
Set-aside
Total Small Business

Opportunity facts

NAICS code
325120 Industrial Gas Manufacturing
Place of performance
Supplies in accordance with SOW for the VA Greater Los Angeles Healthcare System

Notice details come from SAM.gov. Updated .

About this opportunity

The Department of Veterans Affairs Veterans Health Administration Regional Procurement Office East has a requirement to purchase services to provide and deliver various medical grade gases for the VA Greater Los Angeles Health Care System. The solicitation seeks to establish consolidated contracts for medical cylinder gases such as liquid nitrogen, argon, compressed air, carbon dioxide, and oxygen to be used in research laboratories. The contract will be a firm-fixed price Indefinite-Delivery contract for a base year plus 4 option years. Evaluation criteria include technical capabilities, small business status, past performance, and price. Responses are due by September 20, 2024.

The procurement will use a cascading set-aside, first for Service-Disabled Veteran-Owned Small Businesses (SDVOSBs), then Veteran-Owned Small Businesses (VOSBs) if adequate competition is not received from SDVOSBs. There is no incumbent contractor identified. The estimated annual quantities range from 3 to 169 units per gas type, with additional delivery and rental charges. The place of performance is the VA campuses in West Los Angeles and Sepulveda, California.

Notice text

4 versions

Update #4 · Latest ·

RFQ 36C24E24Q0092 Amendment 0003

Research Support - Medical Gas Supply Questions & Answers

**Quote submission extension from Friday, September 13, 2024, to no later than 11:59A EST, Friday, September 20, 2024, remains in effect with no additional extension.**

Quotes shall be submitted via email to millicent.covert@va.gov. Offerors must reference Solicitation 36C24E24Q0092 in the subject line of the email. No telephone requests for information will be considered. Incomplete packages will be considered nonresponsive.

This amendment is to address additional questions that arose during the extension under Amendment 0001. Adding additional questions to those from Amendment 0002, released before 11:59A EST, 9/13/2024. No further questions will be accepted after this amendment (0003) is posted.

CASCADING EVALUATION: Page 3 of 12, is Cascading Evaluation the same as FAR 819.7010 - Tiered set-aside evaluation if not, what is fundamentally different please?

Yes. Cascading and Tiered Set-Aside Evaluations are the same thing.

SDVOSB SOLE SOURCE PROVISION: Given PL 106-50, if the Rule of Two is met, will the GOV consider an SDVOSB Sole Source Award given pricing is determined as Fair and Reasonable? This would be consistent with the VETERANS FIRST CONTRACTING PROGRAM.

If the Rule of Two is met, that means that there is more than one SDVOSB/VOSB (or combination thereof) source; therefore, SDVOSB sole source cannot be considered.

The Limitations on Subcontracting clause is listed for services, whereas it should be for supplies. Since NAICS code 325120 is classified under supplies, the appropriate clause should be VAAR 852.219-76, VA Notice of Limitations on Subcontracting - Certificate of Compliance for Supplies and Products. Could you please confirm this adjustment or provide further guidance?

Yes, this should be a contract for supplies under NAICS 325120. The RFQ will be updated from that of services to supplies, which will include the correct VAAR clause.

What is the Award Evaluation metric in the RFQ? One was not listed. Page 11 of 12 Paragraph F3 states:

3. If there continues to be inadequate competition between SDVOSB and VOSB concerns, the cascading will continue through the contracting order of priority in accordance with VAAR 819.7004 and FAR 19.203. If the contracting officer determines that offers from small business concerns do not meet the solicitation requirements in terms of technical acceptability, past performance, and fair market price, the small business set-aside[s] will be withdrawn, and award will be made on the basis of full and open competition.

What is the evaluation metric: Best Value Trade off, Lowest Price Technically Acceptable, etc. Page 11 of 12, a viable mix of Technical Capability and Capacity (remember this requirement support research), to include Recent and Relevant Past Performance, and a fair and reasonable price.

The following language under Instructions to the Offeror , Page 10, shall be replace current language on original Combined Synopsis and Solicitation:

Instructions to the Offeror

Award will be based upon a comparative evaluation of quotes in accordance with the Simplified Acquisition Procedures of FAR 13. Comparative evaluation is the side by side pairwise comparison of quotes based on factors resulting in a Contracting Officer decision for the quote most favorable to the Government.

Comparative Evaluation of Quotes will be used, in accordance with FAR 13.106-2. The following are the decision factors:

Factor 1 - Technical Capabilities

All offerors must meet or exceed all requirements as listed in the Statement of Need/Statement of Work.

Factor 2 Small Business Status for Socioeconomic Utilization

Factor 3 - Past Performance

Past Performance will be based on the most current CPARS Report. A lack of relevant past performance will be graded as neutral during evaluation.

Prime Contractors may use Subcontractor s past performance with written subcontractor s written authorization.

Factor 3 Price

The following FAR provision and clauses apply to this solicitation and are incorporated by reference. The solicitation document, incorporated provision and clauses are those in effect through the Federal Acquisition Circular (FAC) 2024-05, Effective May 22, 2024. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at www.acquistion.gov. This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

FAR 52.212-1 Instructions to Offerors Commercial

FAR 52.212-2 Evaluation - Commercial Items

FAR 52.212-3 Offeror Representations and Certifications**

(SAM registration is required to be complete at time of submission of response) Offerors must complete annual representations and certifications electronically via thein accordance with FAR 52.212-3, Offerors Representations and Certifications Commercial Products and Commercial Services. If paragraph (j) of the provision is applicable, a written submission is required)

FAR 52.212-4 Contract Terms and Conditions

FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes Or Executive Orders Commercial Item

FAR 52.219-6 Notice of Total Small Business Set-Aside (Nov 2020)

FAR 52.219-8 Utilization of Small Business Concerns (Feb 2024)

FAR 52.233-3 Protest After Award (Aug 1996)

FAR 52.233-2 Service of Protest

ALL QUOTERS MUST SUBMIT THE FOLLOWING TO BE CONSIDERED FOR AWARD:

SIGNED & COMPLETED RFQ DOCUMENT ATTACHED

SECTIONS 17a with SAM Unique Entity ID (UEI)

Signature: sections 30a-c

COMPLETE PRICING SCHEDULE ON PAGE 12 OF ATTACHED RFQ

Additionally:

E.6 52.212-2 Evaluation Commercial Products and Commercial Services (NOV 2021) will be amended to include evaluation factors listed above. Technical and past performance will be greater than price alone.

5. OFFEROR LICENSING TO DISTRIBUTE MEDICAL GASES (AN FDA PRESCRIPTION DRUG) IN THE STATE OF CALIFORNIA: What specifically are the submission licensing requirements for the Prime Contractor/Offeror? There is no mention of licensing requirements in the SOW or technical submission requirements.

Common Verbiage is inclusion of FAR 52.212-4 that The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

If the Contractor is the manufacturer of the medical gases being supplied under this contract, it shall provide, within ten (10) calendar days after contract award and then annually thereafter, evidence that it holds current licensing, permits, certifications, or registrations required by the FDA and the states in which this contract is performed.

If the Contractor is not the manufacturer of the medical gases being supplied under this contract, the Contractor shall provide, within ten (10) calendar days after contract award and then annually thereafter, evidence that the manufacturer(s) from which it obtains the medical grade gases provided to VA under this contract holds current licensing, permits, certifications, or registrations required by the FDA and the states in which this contract is performed. The Contractor shall also provide, within ten (10) calendar days after contract award and then annually thereafter, and upon any update to the agreement(s), an executed copy of the reseller s agreement(s) affirmatively demonstrating that the Contractor has authorization from the manufacturer(s) to resell the medical gas(es) and to rent the medical gas cylinders that the Contractor is providing under this contract. In the event of a change in manufacturer, the Contractor shall provide notice to the VA prior to the change taking place and shall provide evidence of the new medical-grade gas manufacturer s current licenses, permits, certifications, or registrations required by the FDA and the states in which this contract is performed. The Contractor shall also provide a copy of its signed reseller agreement with the new manufacturer demonstrating that the Contractor has authorization from the manufacturer to resell the medical gas(es) and to rent the medical gas cylinders that the Contractor intends to provide under this contract.

Throughout the term of this contract, Contractor shall maintain all federal, state, and local licenses applicable to the Contractor as well as any required FDA certifications.

OFFEROR GENERAL LIABILITY INSURANCE REQUIRED: There is no mention of required liability insurance in the RFQ. How is the GOV going to validate that offerors are properly insured for NAICS 325120/221210 the actual requirement for this work to comply with the RFQ?

How do offerors portray to the government/evaluation committee that they have the correct type of Liability Insurance, and does this credential need to be affirmed at the time of bid submission? This is important because there are very few underwriters that will insure small businesses for distribution of compressed gases and why confirmation of the applicable NAICS is being requested, in accordance with paragraph (a) of FAR 52.228-5 Insurance Work on a Government Installation which is not included as a clause in this RFQ but is a standard inclusion across the majority of VA solicitations for NAICS 325120. In sum, how does the offeror validate to the government that they are properly ensured for NAICS 325120. Recommend requiring the Offeror provide their insurance in the bid submission to include their ACORD Certificate stating in the DESCRIPTION OF OPERATIONS, LOCATIONS, AND VEHICLES annotate Offeror is insured for NAICS 325120 . This is important, as there are very few Underwriters in the US who will insure Small Business Vendors for Delivery of Cryogenic gases (note, although the NAICS is a manufacturing NAICS, it carries the SBA Class Waiver for NAICS 325120. Hence, insurance and Licensing are Small Business capability and capacity delineators.

The insurance requirements at FAR 52.228-5 and RFQ Clause C.2 specify the insurance that is required during contract performance for this procurement. These are post-award contract performance requirements. FAR 52.228-5 also specifies the method the contract awardee must use to demonstrate compliance with the insurance requirements in that clause before commencing work. Subparagraph (d) of Clause C.2 on page 15 of the RFQ is DELETED in its entirety. Offerors are not required to submit proof of insurance with their quotes or prior to contract award.

**Quote submission extension from Friday, September 13, 2024, to no later than 11:59A EST, Friday, September 20, 2024, remains in effect with no additional extension.**

Quotes shall be submitted via email to millicent.covert@va.gov. Offerors must reference Solicitation 36C24E24Q0092 in the subject line of the email. No telephone requests for information will be considered. Incomplete packages will be considered nonresponsive.

Update #3 ·

Page 4 of 4

RFQ 36C24E24Q0092 Amendment 0002

Research Support - Medical Gas Supply Questions & Answers

**Quote submission is extended from Friday, September 13, 2024, to no later than 11:59A EST, Friday, September 20, 2024.**

Quotes shall be submitted via email to millicent.covert@va.gov. Offerors must reference Solicitation 36C24E24Q0092 in the subject line of the email. No telephone requests for information will be considered. Incomplete packages will be considered nonresponsive.

This amendment is to address additional questions that arose during the extension that shall be answered by the Contracting Officer. Please note technical questions still require a response from the Research Department at VA Greater Los Angeles Healthcare System. Amendment 003 will be released addressing those questions.

CASCADING EVALUATION: Page 3 of 12, is Cascading Evaluation the same as FAR 819.7010 - Tiered set-aside evaluation if not, what is fundamentally different please?

Yes. Cascading and Tiered Set-Aside Evaluations are the same thing.

SDVOSB SOLE SOURCE PROVISION: Given PL 106-50, if the Rule of Two is met, will the GOV consider an SDVOSB Sole Source Award given pricing is determined as Fair and Reasonable? This would be consistent with the VETERANS FIRST CONTRACTING PROGRAM.

If the Rule of Two is met, that means that there is more than one source; therefore, SDVOSB sole source cannot be considered.

The Limitations on Subcontracting clause is listed for services, whereas it should be for supplies. Since NAICS code 325120 is classified under supplies, the appropriate clause should be VAAR 852.219-76, VA Notice of Limitations on Subcontracting - Certificate of Compliance for Supplies and Products. Could you please confirm this adjustment or provide further guidance?

Yes, this should be a contract for supplies under NAICS 325120. The RFQ will be updated from that of services to supplies, which will include the correct VAAR clause.

What is the Award Evaluation metric in the RFQ? One was not listed. Page 11 of 12 Paragraph F3 states:

3. If there continues to be inadequate competition between SDVOSB and VOSB concerns, the cascading will continue through the contracting order of priority in accordance with VAAR 819.7004 and FAR 19.203. If the contracting officer determines that offers from small business concerns do not meet the solicitation requirements in terms of technical acceptability, past performance, and fair market price, the small business set-aside[s] will be withdrawn, and award will be made on the basis of full and open competition.

What is the evaluation metric: Best Value Trade off, Lowest Price Technically Acceptable, etc. Page 11 of 12, a viable mix of Technical Capability and Capacity (remember this requirement support research), to include Recent and Relevant Past Performance, and a fair and reasonable price.

The following language under Instructions to the Offeror , Page 10, shall be replace current language on original Combined Synopsis and Solicitation:

Instructions to the Offeror

Award will be based upon a comparative evaluation of quotes in accordance with the Simplified Acquisition Procedures of FAR 13. Comparative evaluation is the side by side pairwise comparison of quotes based on factors resulting in a Contracting Officer decision for the quote most favorable to the Government.

Comparative Evaluation of Quotes will be used, in accordance with FAR 13.106-2. The following are the decision factors:

Factor 1 - Technical Capabilities

All offerors must meet or exceed all requirements as listed in the Statement of Need/Statement of Work.

Factor 2 Small Business Status for Socioeconomic Utilization

Factor 3 - Past Performance

Past Performance will be based on the most current CPARS Report. A lack of relevant past performance will be graded as neutral during evaluation.

Prime Contractors may use Subcontractor s past performance with written subcontractor s written authorization.

Factor 3 Price

The following FAR provision and clauses apply to this solicitation and are incorporated by reference. The solicitation document, incorporated provision and clauses are those in effect through the Federal Acquisition Circular (FAC) 2024-05, Effective May 22, 2024. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at www.acquistion.gov. This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

FAR 52.212-1 Instructions to Offerors Commercial

FAR 52.212-2 Evaluation- Commercial Items

FAR 52.212-3 Offeror Representations and Certifications**

(SAM registration is required to be complete at time of submission of response) Offerors must complete annual representations and certifications electronically via thein accordance with FAR 52.212-3, Offerors Representations and Certifications Commercial Products and Commercial Services. If paragraph (j) of the provision is applicable, a written submission is required)

FAR 52.212-4 Contract Terms and Conditions

FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes Or Executive Orders Commercial Item

FAR 52.219-6 Notice of Total Small Business Set-Aside (Nov 2020)

FAR 52.219-8 Utilization of Small Business Concerns (Feb 2024)

FAR 52.233-3 Protest After Award (Aug 1996)

FAR 52.233-2 Service of Protest

ALL QUOTERS MUST SUBMIT THE FOLLOWING TO BE CONSIDERED FOR AWARD:

SIGNED & COMPLETED RFQ DOCUMENT ATTACHED

SECTIONS 17a with SAM Unique Entity ID (UEI)

Signature: sections 30a-c

COMPLETE PRICING SCHEDULE ON PAGE 12 OF ATTACHED RFQ

Additionally:

E.6 52.212-2 Evaluation Commercial Products and Commercial Services (NOV 2021) will be amended to include evaluation factors listed above. Technical and past performance will be greater than price alone.

**Quote submission is extended from Friday, September 13, 2024, to no later than 11:59A EST, Friday, September 20, 2024.**

Quotes shall be submitted via email to millicent.covert@va.gov. Offerors must reference Solicitation 36C24E24Q0092 in the subject line of the email. No telephone requests for information will be considered. Incomplete packages will be considered nonresponsive.

See attached document: SF1449 - RFQ 36C24E24Q0092 - Medical Gas Supply_updated.

Update #2 ·

RFQ 36C24E24Q0092

Research Support - Medical Gas Supply Questions & Answers

**Quote submission is extended from Friday, September 6, 2024, to no later than 11:59A EST, Friday, September 13, 2024.**

Quotes shall be submitted via email to millicent.covert@va.gov. Offerors must reference Solicitation 36C24E24Q0092 in the subject line of the email. No telephone requests for information will be considered. Incomplete packages will be considered nonresponsive.

Is there an incumbent?

No.

Are there any specific purity or quality standards for the medical gases?

Knowing the standards, such as those set by the United States Pharmacopeia and FDA, is crucial for compliance. Please refer to Item 2 Product Specifications.

Are there going to be emergency calls for gases?

Yes, please refer to Item 3 - Delivery Requirements, bullet point 6.

What are the invoicing and payment terms?

Please refer to Page 8, Item E Invoice/Payment under B Pricing. Invoicing shall be quarterly in arrears, within one month of quarter ending (Net 30).

Delivery Fee: Will the GOV Consider alternate rental charges, i.e. a monthly rental charge by cylinder groupings, billed by the on-hand End of Month Balance? This is much more efficient as it is very difficult for most vendors to discern, precisely how many days a specific cylinder has been resident in the Facilities, to include awaiting vendor pick up which there is no way to prove. It is much more streamlined to bill by EOM on hand balance.

Our rental charges are currently based on days we have a cylinder. Alternate billing may be accepted pending clarity.

6. Patient Interactions:Â Will the offeror encounter patients (interact with patients) when delivering directly to the Labs?

In terms of direct care? No, services will be for Research; however, both facilities are medical centers and patients may be in the areas where deliveries are necessary.

7. What is the Period of performance for the Base Year?Â

12 months from date of award

8. What Cylinder accountability products is the vendor required to provide the GOV monthly to document on hand balances/Invoice rental charges, and monthly activity by Proof of Delivery (POD) documents or each delivery?

Vendor shall provide delivery receipts to our end user as well as monthly summaries of charges.

9. Are there any GFE (GOV OWNED CYLINDERS) being refilled on this contract, or are they all Contractor Owned (please note there are no CLINS for GFE Refill)?

Not currently.

10. What size Cylinder is CLIN 002 Nitrogen Ultra High Purity Grade?

Assuming you are referencing Item Number 0002 (Line 2). Under Section 3 Delivery Requirements, Pisegna Lab, page 4, requests Nitrogen Ultra High Purity grade. Detail states T size cylinder , which, from our records, is Diameter: 9 in, Volume: 300 ft3.

11. TANK SWAP OUT - The RFQ states when delivering tanks swap out and take the old tank can the GOV please clarify that this applies to every tank at every supported location so that there is consistency throughout delivery for all locations?Â

Yes, 1 to 1 swap out.

12. There are some conflicts between the EXCEL part listings, and the verbiage is the actual RFQ, can the GOV please clarify the actual requirement. Please let me know exactly what quantities you would like me to use to provide you with an accurate estimate.

Please use this grid for providing a quote. This is an estimate of what will be needed for Base Year; however, be advised that other gases may be ordered. Please provide a price list of gases that you offer.

ITEM INFORMATION

ITEM NUMBER

DESCRIPTION OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

0001

Nitrogen, Refrigerated Liquid

Diameter: 5 ft x 20 in Â

Height: 20 in x 60 in

Weight: 500 lb

Volume: 160 L

169.00

EA

__________________

__________________

LOCAL STOCK NUMBER: NITLN2160

0002

Nitrogen Ultra High Purity Grade

Diameter: 9 in

Volume: 300 ft3

3.00

EA

__________________

__________________

LOCAL STOCK NUMBER: NITUHPT

0003

Carbon Dioxide Liquified Gas Medical Grade

Diameter: 9 in

Weight: 50 lb

Volume: 250 ft3

61.00

EA

__________________

__________________

LOCAL STOCK NUMBER: C02USP50

0004

Oxygen Compressed Medical Grade

Diameter: 9 in

Weight: 50 lb

Volume: 250 ft3

4.00

EA

__________________

__________________

LOCAL STOCK NUMBER: OXYUSPK

0005

Mix

0.05% Carbon Dioxide 99.95% Nitrogen

Diameter: 9 in

Volume: 300 ft3

3.00

EA

__________________

__________________

LOCAL STOCK NUMBER: MIX.05CO2BN2T

0006

Delivery Charge

183.00

EA

__________________

__________________

LOCAL STOCK NUMBER: DELIVERY

0007

Rental Charge (per day per tank)

14 TANKS X 365 DAYS

5,110.00

DY

__________________

__________________

LOCAL STOCK NUMBER: RENTAL

0008

Rental Charge (per day per nitrogen tanks)

6 TANKS X 365 DAYS

2,190.00

DY

__________________

__________________

LOCAL STOCK NUMBER: RENTAL NITROGEN

GRAND TOTAL

__________________

13. Can we please confirm the mix for CLIN 0005? The bid info on CLIN 0005 Page 10 of 12 states 0.05 % CD and 99.95% Nitrogen, yet the bid on page 5 of 12 (again Kaunitz Lab) states Mix 5% Carbon Dioxide/95% Oxygen K size Cylinder. Please clarify the actual requirement/Mix for the Carbon Dioxide / Oxygen at the Kaunitz Lab?

The correct mix should be 0.05% Carbon Dioxide 99.95% Nitrogen as stated in Item Number/CLIN 0005. Please use the Item Information quote grid in Item 12 of this amendment when providing a quote.

14. Pages 11-12 of the RFQ detail requirements for offerors to submit their quotes with an SF1449 Form per the following instructions however the SF1449 Form is not provided.

Please confirm if a form will be posted to SAM.gov in order to follow the instructions or if offerors may submit on a signed cover letter, which will include all company identifying information, contact information, and a statement of agreement regarding contract terms and conditions.

One will be provided along with the Amendment to Combined.

**Quote submission is extended from Friday, September 6, 2024, to no later than 11:59A EST, Friday, September 13, 2024.**

Quotes shall be submitted via email to millicent.covert@va.gov. Offerors must reference Solicitation 36C24E24Q0092 in the subject line of the email. No telephone requests for information will be considered. Incomplete packages will be considered nonresponsive.

Update #1 ·

Combined Synopsis/Solicitation Notice

DESCRIPTION: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document is attached. This solicitation is issued as an RFQ. This solicitation and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-05.

This is a Request for Quote (RFQ). The Regional Procurement Office (RPO) - East has a requirement to purchase services to provide and deliver various medical grade gases for the VA Greater Los Angeles Health Care System. The solicitation number is 36C24E24Q0092. The government anticipates awarding a firm-fixed price Indefinite-Delivery contract resulting from this combined synopsis/solicitation. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at www.acquisition.gov.

SET ASIDE: This requirement will be made using a cascading set-aside. The associated North American Industrial Classification System (NAICS) code for this procurement is 325120 Industrial Gas Manufacturing, with a small business size standard of 1,000 employees. The FSC/PSC is Q999.

A. STATEMENT OF WORK (SOW)

1. SCOPE OF CONTRACT

1.1 The purpose of this solicitation is to establish consolidated contracts for medical cylinder gases utilized at VA Greater Los Angeles Medical Center Department of Medical Research at the West Los Angeles and Sepulveda Campuses. The gases to be purchased include, but are not limited to:

Liquid Nitrogen- various types and purity including but not limited to refrigerated, NF, High Purity

Argon Gas

Compressed Air

Carbon Dioxide - various types and purity including but not limited to Medical Grade, Liquified

Oxygen

Custom Liquid Gas Mixes

Additional liquid gases to be added as needed

1.2 The contract items will be ordered by and delivered to the individual activities listed in the schedule. The quantities shown in the schedule are estimates of each activity s annual requirements. There is no express or implied guarantee that these quantities will be purchased. The schedule also indicates whether the contractor will fill government owned (G) cylinders, will provide contractor owned (C) cylinders, or will be servicing the facility with a combination of both (C/G).

1.3 The contract awarded under this solicitation will be in effect from date of award for 5 years (Base Year plus 4 Option Years).

1.4 A Contracting Officer Representative (COR) has been designated in the solicitation schedule for each ordering facility. The COR is responsible for local contract administration issues such as ordering and providing specific delivery instructions. A letter of delegation that outlines the COR s specific responsibilities will be provided to the contractor and COR at the time of contract award. Within 15 days after contract award, the contractor shall contact the COR to finalize the ordering method and clarify the specific details of any delivery instructions that are included in the solicitation schedule. If agreement cannot be reached between the contractor and COR regarding any issue, the matter shall be referred to the Contracting Officer for resolution.

2. PRODUCT SPECIFICATIONS

2.1 All medical gases shall conform to specifications prescribed in the United States Pharmacopeia and the National Formulary. All medical gas manufacturers and fillers of medical gases shall be registered with the FDA; and all medical gases shall be manufactured, processed, packed, transported, and stored according to the FDA s Current Good Manufacturing Practice (CGMP) regulations and Title 21, Code of Federal Regulations, Parts 210, 211 and 201 for labeling.

2.2 In addition, the following specifications are incorporated into the solicitation and resulting contracts:

a. Federal Specification BB-C-101D, Carbon Dioxide (CO2) Technical and USP,

current edition.

b. Compressed Gas Association (CGA) Publications G-7 Compressed Air for Human Respiration, current edition, and ANSI/CGA G-7.1 Commodity Specification for Air, current edition.

2.3 All products, equipment, and services provided under the contracts awarded under this solicitation shall be in compliance with all applicable Federal, state, and local regulations. Material Safety Data Sheets shall be provided to the facility COR upon request at no additional charge.

3. DELIVERY REQUIREMENTS

Delivery to Research Laboratories on either Tuesday or Thursday between working hours 8:00 am to 4:30pm

When delivering tanks swap out and take old tank

If needed, can skip scheduled tank delivery per location with 24 hour notice

Delivery directly to different lab locations, with the ability to add additional lab locations

Deliveries are for Labs located on the VA WLA or SEP campuses (noted below)

Emergency Orders fulfilled within 24 hours

Delivery Receipt to be given to lab managers at point of delivery

Delivery Locations and Needs:

VA Greater Los Angeles Healthcare System:

West Los Angeles VA Medical Center

11301 Wilshire Blvd

Los Angeles, CA 90073

Veterinary Medical Unit, Bldg 113, Rm 143

Medical Oxygen, K size Cylinder

Two (2) tanks, every six (6) months

Medical Carbon Dioxide, K size Cylinder

Three (3) tanks, every six (6) months

Beenhouwer Lab, Bldg 113, Rm 229

Nitrogen, Refrigerated Liquid, 160-22 with syphone

One (1) tank, every other week

Carbon Dioxide Liquified Gas Medical Grade, 50 lbs

One (1) tank, monthly

Benhammou Lab, Bldg 113, Rm 316

Nitrogen, Refrigerated Liquid,160L

One (1) tank every other week

Carbon Dioxide Liquified Gas Medical Grade, 50 lbs

One (1) tank, every two (2) months

Kaunitz Lab, Bldg 114, Rm 301

Liquid nitrogen (LN2), 40L

One (1) tank, once a month

Oxygen Compressed Medical Grade, K size Cylinder

3 tanks, once per month

Mix 5% Carbon Dioxide/95% Oxygen K size Cylinder

2 tanks once per month

Pisegna Lab, Bldg 115, Rm 313

Nitrogen, Refrigerated Liquid, 160L

One (1) tank, weekly

Nitrogen Ultra High Purity Grade, T size Cylinder

One (1) tank, every six (6) months

Mix 0.05%Carbon Dioxide 99.95% Nitrogen,T size Cylinder

One (1) tank, every siz (6) months

Carbon Dioxide Liquified Gas Medical Grade, 50 lbs

One (1) tank a year

VA Greater Los Angeles Healthcare System:

Sepulveda Ambulatory Care Center

16111 Plummer St

North Hills, CA 91343

Veterinary Medical Unit, Bldg 62, Rm 102

Oxygen Compressed Medical Grade, K size Cylinder

Two (2)tanks every six (6) months

Carbon Dioxide Liquified Gas Medical Grade, K size Cylinder

Two (2) tanks every six (6) months

Alam Lab, Building 7, Rm C-100C

Nitrogen, Refrigerated Liquid,160 L

One (1) tank every four (4) weeks

Alam Lab, Building 7, Rm B113

Oxygen Compressed Medical Grade, K size Cylinder

As needed (will order when needed)

Gera Lab, Building 7, Rm D106

Nitrogen, Refrigerated Liquid, 160 L

One (1) tank, every other week

Carbon Dioxide Liquified Gas Medical Grade, 50 lbs

Two (2) tanks, every four (4) weeks

Oxygen Compressed Medical Grade, K sized Cylinder

One (1) tank, every 6 months

4. NON-REPAIRABLE GOVERNMENT PROPERTY

4.1 Prior to disposing of non-repairable government-owned cylinders, parts, fittings, and appurtenances, the contractor shall contact the ordering (owning) activity. Contractor shall make disposition in accordance with the ordering activity s instructions.

4.2 Contractors shall be paid for all services performed and authorized by the ordering activity, up to the determination that a cylinder is non-repairable, at the prices listed in Schedule B.

4.3 Contractor shall not charge any additional types of fees, other than those specified above in paragraph 4.2, for the return of non-repairable cylinders to the ordering activity.

4.4 If the activity requests, and the contractor agrees to dispose of any non-repairable government-owned property, the fee shall be negotiated and agreed upon between the two parties prior to the disposal of the property.

5. CYLINDERS AND OTHER CONTAINERS

5.1 Laws and Regulations

Cylinders and other containers for gaseous and liquid forms of gases shall comply with the Department of Transportation specifications and shall be maintained, filled, marked, labeled, and shipped to comply with current DOT regulations (Title 49-Transportation, Code of Federal Regulations.) Filling, packaging, labeling, etc., for medical gases shall also comply with the Federal Food, Drug, and Cosmetic Act.

5.2 Marking

In addition to marking required by the aforementioned laws and regulations, marking shall comply with CGA Publication C-7 Guide to Preparation of Precautionary Labeling and Marking of Compressed Gas Containers, current edition.

5.3 Color Coding:

Cylinders shall be color coded in accordance with CGA Publication C-9 -- Standard Color Marking Of Compressed Gas Containers Intended For Medical Use, dated current edition.

5.4 Valves

Valves shall comply with CGA Safety Bulletin SB-26 current edition and CGA Publication V-1 -- Compressed Gas Association Standard for Compressed Gas Cylinder Valve Outlet and Inlet Connections, current edition. Valve protection caps for cylinders designed to receive such caps shall be securely attached to the cylinders in a manner to protect the valves from injury during transit and delivery to the purchaser's receiving area. For liquid containers, all fittings must be permanently brazed to prevent their removal. In addition, each container should contain a 360 degree cryoband applied at the top of the container with the drug product name repeated around the entire container.

5.5 Hydrostatic Testing:

5.5.1 Retest Date: If applicable DOT regulations would require retesting of cylinder within three (3) months after scheduled date of shipment to Continental U.S. destination, or within six (6) months after scheduled date of shipment to overseas destination, cylinder shall be retested. Contractor will be required to retest any Government-Owned cylinder when requested by ordering activity, regardless of scheduled retest data.

5.5.2 Method: Government-owned cylinders which are eligible for extended hydrostatic retest period, testing by modified hydrostatic method, or visual inspection in lieu of hydrostatic testing, shall be serviced by the most economical means which will comply with Department of Transportation regulations (49 CFR 173.34) unless otherwise specified by the ordering activity. When modified or reduced DOT test requirements are contingent upon past usage of the cylinders, a written statement from the ordering activity indicating that the cylinders have been used exclusively for a specific gas may be considered acceptable evidence of the cylinders' eligibility for modified testing or inspection.

5.5.3 Hydrostatic testing shall be performed in accordance with CGA s Publication -- C-1, Methods For Hydrostatic Testing of Compressed Gas Cylinders, current edition.

5.5.4 Visual inspection shall be performed in accordance with the applicable CGA Publications C-6 --Standards for Visual Inspection of Steel Compressed Gas Cylinders, current edition or C-6.1 -- Standards for Visual Inspection of High Pressure Aluminum Compressed Gas Cylinders, current edition.

5.5.5 The contractor shall be responsible for all testing of contractor-owned cylinders at no additional cost to the Government. The government shall pay for the hydrostatic testing of government-owned cylinders at the prices listed in Schedule B.

5.6 Cylinder Sizes:

Cylinder sizes shown in the item description indicate product capacity of the cylinder currently being used. All capacities are approximate, and the Government shall be billed only for the actual amount of gas delivered. In accordance with the Federal Food, Drug and Cosmetic Act, the actual contents of the container must appear on the label.

5.7 Individual Agency Ownership of Cylinders:

Government-Owned cylinders shall remain the property of the individual ordering (owning) agency and shall not be exchanged for other cylinders, either government-owned or contractor-owned, without authorization of the ordering agency.

5.8 Lost or Damaged Contractor-Owned Cylinders

For each contractor-owned cylinder lost or damaged beyond repair while in the Government s possession, the Government shall pay to the Contractor the replacement value, less the allocable rental paid for that cylinder. These cylinders shall become Government property. If any lost cylinder is located within 30 calendar days after payment by the Government, it may be returned to the Contractor by the Government, and the Contractor shall pay to the Government an amount equal to the replacement value, less rental, computed in accordance with section 8 of this Performance Work Statement.

5.9 Method of Shipment:

Empty Government-owned cylinders that are picked up from an ordering facility for re-fill or servicing shall be transported according to the Department of Transportation Regulations, using normal commercial practice to prevent damage to cylinders.

5.10 Transportation of Cylinders:

All transportation charges for empty government-owned and contractor-owned cylinders from the ordering facility to the contractor s facility shall be at the expense of the contractor.

6. PRICE OF SERVICES FOR GOVERNMENT-OWNED AND CONTRACTOR-OWNED CYLINDERS

The offeror s price for the gas shall include the furnishing, at no additional cost, of all services which are required at each and every filling of a cylinder to comply with applicable regulations, specifications, and normal good practices. Such services shall include, but not be limited to: tags indicating cylinder is "Full," In Use," or "Empty"; inspection, testing, evaluation, and cleaning services required at each and every filling; pin-indexing, when required, and attachment of Government-furnished warning tags, when required. Attaching of oxygen cylinders to manifold systems, when required, shall also be performed by the contractor at no additional cost. In addition to services listed in this paragraph, the contractor is responsible for all maintenance and testing of contractor-owned cylinders.

7. MEASUREMENT AND CONVERSION COMPUTATION, ATMOSPHERIC GASES AND HYDROGEN

Density data and volume measurement equivalents printed in CGA Publication P-6 -- Standard Density Data, Atmospheric Gases and Hydrogen, current edition shall be used when necessary to convert measurement of these gases from one form to another; for example, from cubic feet to gallons.

B. PRICING

The Offeror shall submit price quotes for the required services to the specifications listed in Section 1.2 below. Please enclose the established price list and description of capabilities and product specifications for the requirement listed below:

ITEM INFORMATION

ITEM NUMBER

DESCRIPTION OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

0001

169.00

EA

__________________

__________________

Nitrogen, Refrigerated Liquid

LOCAL STOCK NUMBER: NITLN2160

0002

3.00

EA

__________________

__________________

Nitrogen Ultra High Purity Grade

LOCAL STOCK NUMBER: NITUHPT

0003

61.00

EA

__________________

__________________

Carbon Dioxide Liquified Gas Medical Grade

LOCAL STOCK NUMBER: C02USP50

0004

4.00

EA

__________________

__________________

Oxygen Compresssed Medical Grade

LOCAL STOCK NUMBER: OXYUSPK

0005

3.00

EA

__________________

__________________

Mix 0.05% Carbon Dioxide 99.95% Nitrogen

LOCAL STOCK NUMBER: MIX.05CO2BN2T

0006

183.00

EA

__________________

__________________

Delivery Charge

LOCAL STOCK NUMBER: DELIVERY

0007

5,110.00

DY

__________________

__________________

Rental Charge (per day per tank)

LOCAL STOCK NUMBER: RENTAL

0008

2,190.00

DY

__________________

__________________

Rental Charge (per day per nitrogen tanks)

LOCAL STOCK NUMBER: RENTAL NITROGEN

GRAND TOTAL

__________________

C. Contract Type: Firm-Fixed Price, Indefinite-Delivery/Indefinite-Quantity (IDIQ)

D. Period of Performance: Base Year (from date of award) plus 4 Option Years

E. Invoice/Payment: The Contractor shall invoice quarterly in arrears, via Tungsten Network (http://www.tungsten-network.com/US/en/veterans-affairs/), within one month of quarter ending.

F. Set Aside Cascading set-aside procedures:

Any award resulting from this solicitation will be made using a cascading set-aside order of precedence as follows:

1. In accordance with FAR Subpart 19.1405 and VAAR Subpart 819.7005, any award under this solicitation will be made on a competitive basis first to an eligible Service Disabled Veteran Owned small business [SDVOSB] concern provided that the conditions of 38 U.S.C. 8127(d) are met (the VA Rule of Two) whereby the Contracting Officer receives adequate competition of two or more small business concerns owned and controlled by Veterans, and that the award can be made at a fair and reasonable price that offers the best value to the United States.

2. If there is inadequate competition for award to an SDVOSB concern, the SDVOSB set-aside shall be withdrawn and cascaded to the next contracting order of priority in accordance with VAAR 819.7004, which is Veteran Owned Small Businesses (VOSB) and conducted in accordance with the procedures set forth in VAAR 819.7006 provided that the conditions of 38 U.S.C. 8127(d) are met (the VA Rule of Two) whereby the Contracting Officer receives adequate competition of two or more small business concerns owned and controlled by Veterans, and that the award can be made at a fair and reasonable price that offers the best value to the United States.

3. If there continues to be inadequate competition between SDVOSB and VOSB concerns, the cascading will continue through the contracting order of priority in accordance with VAAR 819.7004 and FAR 19.203. If the contracting officer determines that offers from small business concerns do not meet the solicitation requirements in terms of technical acceptability, past performance, and fair market price, the small business set-aside[s] will be withdrawn and award will be made on the basis of full and open competition.

Adequate competition:

Adequate competition shall be deemed to exist if

At least two competitive offers are received from qualified, responsible business concerns at the set-aside tier under consideration; and Award could be made at fair market price as determined in accordance with FAR 19.202-6.

The VA contracting officer reserves the right to consider competitive quotes submitted from all responsible offerors (including large businesses) in determining the fair market price.

The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html.

The following solicitation provisions apply to this acquisition:

52.212-1 INSTRUCTIONS TO OFFERORS COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

52.216-1 TYPE OF CONTRACT (APR 1984)

52.233-2 SERVICE OF PROTEST (SEP 2006)

Instructions to the Offeror

Award will be in accordance with FAR 13.106-2 to the lowest priced quotations that meets the requirements described in this notice. The award will be made to the response most advantageous to the Government. Responses should contain your best terms, conditions. Options will be evaluated upon award.

ALL QUOTERS MUST SUBMIT THE FOLLOWING TO BE CONSIDERED FOR AWARD:

SIGNED & COMPLETED RFQ DOCUMENT ATTACHED

SECTIONS 17a with SAM Unique Entity ID (UEI)

Signature: sections 30a-c

COMPLETE PRICING SCHEDULE ON PAGE 12 OF ATTACHED RFQ

Quotes shall be submitted via email to millicent.covert@va.gov and Offerors must reference Solicitation 36C24E24Q0090 in the subject line of the email.

Cut off for questions is Friday, August 30, 2024, no later than 4:00 PM, EST.

No telephone request for information will be considered.

All offers must be received by the closing date of Friday, September 6, 2024, no later than 11:59 AM, EST.

Incomplete packages will be considered nonresponsive.

Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f). [Note to CO: This provision is in Attachment 3 Instructions to Quoters.]

To facilitate the award process, all quotes must include a statement regarding the terms and conditions herein as follows:

"The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition."

OR

"The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:"

Quoters shall list exception(s) and rationale for the exception(s), if any.

Files

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