5560-0 sole-source-determination .pdf

SOLE-SOURCE DETERMINATION MEMO

FOR SUPPLIES AND SERVICES

Date: August 28, 2023 Sole source number: S-44300-00007978

To: Kirk N. Rhoades, Designated Procurement Officer

ODHS Office of Contracts & Procurement

Requestor: Steven Wendell

Agency/division: Oregon Health Authority, herein after referred to as “Agency”

Program/office: Oregon State Hospital

Contract specialist: Victoria Crosby

Agency Sole source rule: Sole source authority:

OHA OAR 137-047-0275 ORS 413.033

Estimated total contract value: $150,000.00

Description of goods or services: 50lbs Food Grade Co2 Tanks as well as delivery and pickup services.

1. Background: This sole source justification applies to the purchase of:

The delivery and pickup service (“Services”) of 50 gallon food grade C02 tanks to the

Salem kitchen for the soda machines. Orders will be called in by OSH- Salem supply specialist.

Service Area

Oregon State Hospital - Salem Campus

Att. Food Services

2600 Center Street NE, Dock #4

Salem,, OR 97301

Specifications

a. Vendor must provide 50 lbs. food grade C02 tanks.

b. Vendor must provide large cylinder carbon dioxide.

c. Vendor must ensure tanks are of aluminum or steel construction; arrive ready to use and must be at full capacity.

d. Vendor must be responsible for refilling Contractor and OSH owned tanks, repairs, and testing that conform to applicable sections of the NFPA standards and OSHA, EPA, and FDA guidelines.

e. Vendor must inspect each tank and refill with the required amount of Food Grade

Co2.

f. Vendor shall assign an individual contact person/representative to answer questions, assist with billing issues, discuss concerns, and meet with OHA designated staff as needed to ensure Co2 supply is available to meet the demands of each Service Area.

Note: A contact person/representative for each Service Area is acceptable.

g. Vendor shall provide Emergency Delivery service to OSH – Salem location.

Delivery Schedule

a. Vendor must, in coordination with each OSH Food Services- Supply Specialist, deliver and pickup Food Grade Co2 Tanks as needed.

b. Vendor must deliver and pickup Food Grade Tanks during OSH normal business hours Monday through Friday (excluding State of Oregon observed holidays) from 6:00 a.m. to 5:00 p.m. Orders requiring delivery by OSH outside normal business hours will be considered an emergency order.

c. All emergency orders must be delivered to each OSH Service Area within 24 hours of

Contractor being notified by that specific OHS Service Area.

2. Prospective contractor/vendor:

Legal entity name: Airgas USA, LLC

DBA: N/A

Address: 2446 NE Diamond Lake Blvd, Roseburg, OR 97470

Contact person: Bryan Link or Debbie Andreassen

Phone: 541.285.8058 or 360.869.9495

Email: bryan.link@airgas.com or debbie.andreassen@airgas.com

Protests are due by 3:00 PM within seven calendar days after the first date the notice is posted on OregonBuys. Protests must be sent via OregonBuys or email, to the following address: Protests via telephone, fax, or received in person will not be accepted.

Oregon Department of Human Services

Office of Contracts and Procurement

ATTN: Victoria Crosby mailto:bryan.link@airgas.com mailto:debbie.andreassen@airgas.com

Phone: 971.372.9892

Email: Victoria.a.crosby@odhsoha.oregon.gov

Agency reserves the right to purchase additional goods.

3. Written findings of fact (market research):

The findings below must include factual information supporting the determination that meet the sole source requirement in statute.

Pursuant to ORS 279B.075, Agency must conduct market research that supports the assertion that there is only one source that can provide the goods or services. Market research includes utilization of the internet, trade journals, agency vendor lists, professional organizations, studies, catalogs/industrial periodicals, vendor sources, yellow pages, etc.

Agency must select at least one of the findings and prepare the determination as it specifically relates to the good or service being procured. More than one finding can be addressed. The findings are as follows:

Pursuant to ORS 279B.075 (2)(a): Provide findings supporting the determination that the efficient utilization of existing goods requires the acquisition of compatible goods or services from only one source.

A bid Solicitation was posted twice as a Request for Quote in OregonBuys and the

Agency did not receive any responses for either post. Email messages were sent to various companies, including a call was placed with Messer, Inc, to see if they could provide this service, but the Agency did not receive a return call or email. A few companies that could provide the Tanks (Walmart, Tractor Supply, B&I Hardware and Rental) in the area, but their services did not include delivery and pick-up services, or they did not provide Food Grade Co2 Tanks. Due to posting the bid solicitation twice in OregonBuys, without any bids received, as well as contacting companies and being informed that delivery/pick-up services are not an available service through these vendors, it was determined that Airgas USA LLC is the only company that is willing to provide all required services at this time.

or

Pursuant to ORS 279B.075 (2)(b): Provide findings supporting the determination that the goods or services required for the exchange of software or data with other public or private agencies are available from only one source.

or

Pursuant to ORS 279B.075 (2)(c): Provide findings supporting the determination that the goods or services are for use in a pilot or an experimental project.

or

Pursuant to ORS 279B.075 (2)(d): Any other findings that support the conclusion that the goods or services are available from only one source.

APPROVED:

By:

Signed by DPO electronically via OregonBuys

Kirk N. Rhoades or acting DPO