This amendment to RFQ 36C26225Q0030 shall address vendor questions and extend the time for submission of responses. Previous date: 10/10/2024 15:00 PT New Date: 10/18/2024 15:00 PT What is the current contract(s) number for this same Medical Gas Cylinder requirement and who is the current supplier? Answer: RCG of North Carolina on monthly basis. No contract is in place. As the NAICS for this RFQ is 325210 Industrial Gas Manufacturing, please confirm whether this is a Service Contract or a Supply Contract Answer: Supply and some service. ACTIVE PROTEST:  PG 4 of 71 (Section 1.2) also states that The purpose of this requirement is to establish a contract vehicle for a Base period with the option to potentially execute a four-year option period to provide a source of supply for qmedical-grade cylinder gases for SAVAHCS (which will need to include Research Service Line) until the WSNC contract can be awarded after the current protests are remedied. Is there an actively pending protest(s) for this requirement? If so, what RFQ is the protest against? As the WSNC is no longer being pursued, so please clarify this statement Answer: There is no active Protest. LICENSING: The RFQ states on PGs 10 & 27 of 71 that the contractor shall maintain/comply with all federal, state, and local licenses or regulations.  Additionally, the RFQ includes the 852.219.76 CERTIFICATE OF COMPLIANCE, which requires the offeror to affirm in writing that it will take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice which in this case is a prescription drug (the FDA classifies Medical Grade Gas, such as Oxygen, as a prescription drug for human consumption). Based on the requirements and conditions of the Statement of Work, the SDVOSB Prime meets the definitional requirements of the State of Arizona  as a Distributor of Medical Gas (which the State of Arizona Board of Pharmacy requires Distribution licensure of the SDVOSB, and this, like General Liability Insurance, cannot be  delegated to a subcontractor licensing, nor construed as being synonymous with a Medical Gas Manufacturing License as identified on PGs 9-10 of 71). With the inclusion of requirements on PGs 10 (52.212-4) & 27 of 71, please confirm that the GOV is requiring that the Offeror must comply with all State of Arizona regulations (e.g., State of AZ Board of Pharmacy) in regards to Wholesale/Distribution of Prescription Drugs/Cryogenic Gases applicable to the Prime Contractor (often requires license of the offeror at the time of bid submission) and that any state-regulated compliance cannot be delegated to the subcontractor (further exemplified in the 852.219-76 Certificate of Compliance, where the offeror states in writing that they take ownership/possession of the product, which in this case is a prescription drug)? Is all applicable proof of licensure required at the time of bid submission? If not, when would proof of licensure be required to ensure compliance with FAR 52.212-4? If so, is the GOV affirming that a non-licensed offeror is in noncompliance with FAR 52.212-4, and would a noncompliant offeror be considered not technically acceptable? Answer: Specific state requirements do not apply to the Federal Government. State s does not have jurisdiction over the Veterans Affairs (VA). VA is not a reseller. ENFORCEMENT/OVERSIGHT OF MEDICAL GAS DISTRIBUTION LICENSING:  The RFQ states in two sections that the Contractor must be in compliance with federal, state, and local laws/regulations. PG 10 of 71, para 9.3 (Licensing, Authorization, and Selling Permissions), states 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 & PG 27 of 71, (FAR 52.212-4) para (q), states Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. What GOV entity (Contracting Authority) is the enforcement authority for this contract regarding Awardee compliance/Contractor Responsibility Determination to ensure compliance with FAR 52.212-4, specifically with federal, state, and local licenses or regulations as required in the two sections of the RFQ? Answer: A government contracting officer is a designated individual responsible for executing, managing, providing, and overseeing contract is being executed in accordance with agreed upon contract on behalf of the government agency. INSURANCE: 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 GOV/Evaluation Committee that