Amendment 6: Questions and Answers

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.