DEPARTMENT OF VETERANS AFFAIRS Veterans Health Administration Service Area Office (SAO) Central Region 708 South 3rd Street, Suite 108E Minneapolis, MN 55415 SOLE SOURCE NOTICE NOTICE OF INTENT TO NEGOTIATE A SOLE-SOURCE PURCHASE ORDER The US Department of Veterans Affairs, Service Area Office (SAO) Central Region Contracting intends to negotiate on a sole source basis with Irish Oxygen Company, 2110 Legion Lane N., Lake Elmo, MN 55042 for medical gases at the Minneapolis VAMC and Black Hills VAMC for a period of three (3) months. The justification rationale is based on FAR Part 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirement. Per the order dated November 4th, 2016 from the United States Court of Federal Claims (Number 14-1225C) the Department of Veterans Affairs has been given permission to terminate the awarded contract and solicit emergency bridge contracts to ensure the continued availability of medical gases until updated and sufficiently competed long-term contracts can be awarded and transitioned. The long term contract was awarded on May 1st, 2017. The long term contract requires the successful awardee to have up to a 90 day transition period for the switching of the cylinders from the incumbent contractor to the successful awardee s cylinders. An immediate cessation of medical gases would put the lives of Veterans at risk. The medical gases are placed on crash carts, patient beds and used in the operation of surgical and laboratory equipment. RAS Enterprises, LLC was performing on the contract when the court vacated the award. RAS Enterprises, LLC currently owns the medical gas cylinders which are being used throughout the facilities listed in paragraph 3 above. A detailed audit to reconcile all the contractor-owned cylinders would be required, in order for the facilities to remove the Contractor owned cylinders and replace them with a new Contractor. This audit could not occur within the 10 day period between the time of the contract award and the period of performance starts. In addition, the long term contract allows the successful awardee up to a 90 day transition. The Government needs the current Contractor RAS Enterprises to continue delivering medical gases until all the facilities on the bridge contract has been transitioned. The gases include, but are not limited to Compressed Medical Air USP, Oxygen USP, Carbon Dioxide USP, Nitrogen NF, Nitrous Oxide USP, Helium USP, and specialty medical gas mixtures in accordance with the Schedule of Items. The statutory authority for other than full and open competition is FAR 13.106-1(b)(1)(i), Only one responsible source. The North American Industry Classification Code (NAICS) for this acquisition is 325120, Industrial Gas Manufacturing, with a business size standard 1,000 employees. This is not a solicitation for competitive quotes. However, if any other interested party believes that it can meet the requirements, it may submit a statement of capabilities, which if timely received, will be considered by the government. A statement of capabilities must be received by 12:00 PM Central Time on May 08, 2017. A determination by the Government not to compete this proposed requirement based upon responses to this notice is solely within the discretion of the Government. Information received will normally be considered solely for the purpose of determining whether to conduct a competitive procurement in the future. Evidence must be provided of ability to provide equipment that meets or exceeds the requirement. The capability statement and any other information furnished must be in writing and must contain material in sufficient detail to determine if the party can meet all of the requirements. Capability statements and related materials must be e-mailed to Brian O Boyle at
[email protected] by 12:00 PM Central Time on May 08, 2017.