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AMENDMENT 0005 QUESTIONS AND ANSWERS AND EXTENSION OF RESPONSE DUE DATE RFQ 36C24126Q0547 Bulk Oxygen — VAMC White River Junction EXTENSION OF RESPONSE DUE DATE The response due date for receipt of quotes is hereby extended from September 16, 2026, at 5:00 PM Eastern Time to September 18, 2026, at 5:00 PM Eastern Time . All quotes must be received by the Contracting Officer at Kenya.Mitchell1@va.gov and David.Valenzuela2@va.gov by this new date and time. All other terms and conditions remain unchanged. QUESTION AND ANSWER Vendor Question: May a small business prime contractor satisfy the medical gas supply, FDA, CGMP, Vermont licensing, equipment, delivery, maintenance, and technical requirements through a properly licensed and qualified medical gas subcontractor or supplier? If not, please confirm which specific licenses, registrations, and certifications must be held directly in the name of the prime contractor at the time of quote submission. Additionally, please confirm how the Nonmanufacturer Rule and VAAR 852.219-76 will apply when the small business prime is supplying medical grade oxygen manufactured and delivered by another qualified company. Government Answer: Yes. A small business prime contractor may satisfy the medical gas supply, FDA, CGMP, Vermont licensing, equipment, delivery, maintenance, and technical requirements through a properly licensed and qualified medical gas subcontractor or supplier, provided that: Prime Contractor Responsibility. The small business prime contractor remains fully responsible to the Government for all performance, compliance, quality assurance, and regulatory requirements specified in the Statement of Work. Subcontracting does not relieve the prime of accountability. Subcontractor Qualifications. Any subcontractor or supplier furnishing medical-grade oxygen or performing delivery, maintenance, or technical support shall: Be properly licensed, registered, and certified in accordance with all applicable FDA, CGMP, state of Vermont, and other regulatory requirements for medical gas supply and service; Maintain all required registrations and certifications in the subcontractor's own name for the duration of contract performance; and Comply with all applicable technical and safety standards referenced in the SOW (NFPA 50, NFPA 99, 21 CFR Parts 210 and 211, 29 CFR 1910.104, etc.). Nonmanufacturer Rule and VAAR 852.219-76 Compliance. A small business prime contractor may supply medical-grade oxygen manufactured by a non-small manufacturer through a subcontract or supplier relationship, consistent with the SBA Nonmanufacturer Rule (NMR) class waiver applicable to NAICS 325120 and the provisions of FAR 52.219-33. Such an arrangement is expressly contemplated under the NMR waiver, which permits small business nonmanufacturers/resellers to furnish the product of a non-small manufacturer without violating the limitations on subcontracting. VAAR 852.219-76 (Limitations on Subcontracting — Certificate of Compliance …
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