P03 JOFOC SIGNED - BULK OXYGEN MED GAS REDACTED.pdf

Attachment 1: Request for SDVOSB/VOSB Sole Source Justification Format IAW VAAR 819.7008/9

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 1 of 4 Revision: 05 Effective Date: 12/15/2025

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition

Acquisition Plan Action ID: 36C248-27-AP-0717

1. Contracting Activity:

Department of Veterans Affairs, NCO 08, 8875 Hidden River Pkwy., Suite 160A, Tampa, FL 33637, in support of the James A. Haley Veterans’ Hospital (JAHVH) at 13000 Bruce B. Downs Blvd. Tampa FL 33612. The 2237 number is 673-27-1-052-0010.

2. Nature and/or Description of the Action Being Approved:

This acquisition is conducted under the authority of Revolutionary FAR Overhaul (RFO) 6.103-5(c)1 and VA Acquisition Regulation (VAAR) 819.7008. The Department of Veterans Affairs (VA) is requesting other than full and open competition to establish a firm fixed price contract with Medical and Equipment Supplies of America (MESA) for bulk oxygen and medical gases with an estimated contract value of . The initial period of performance would be for six months, with three two-month option periods. A sole source bridge contract is necessary to avoid a lapse in critical services as no contract award is being made from the RFQ 36C24826Q0759 due to the receipt of timely agency level protests. This bridge contract will allow the agency time to reexamine the acquisition strategy and underlying requirement and allow the agency time to implement an acquisition strategy that is in the best interest of the Government consistent with applicable law and regulation. The option periods are included to address any potential protests.

3. Description of Supplies/Services Required to Meet the Agency’s Needs:

a. This requirement is for the supply of medical-grade liquid, bulk oxygen and the delivery of medical cylinder gases. Bulk oxygen is delivered to JAHVH at contractor provided tanks that currently consist of one 9,000 gallon main supply tank and one 1,500 gallon reserve tank. The medical gases are delivered to JAHVH and 9 additional facilities within the JAHVH network.

The gases include compressed Medical Air (United States Pharmacopeia) USP, Carbon Dioxide USP, Nitrogen (National Formulary) NF, and Nitrous Oxide USP, Helium USP, and specialty medical gas mixtures. The locations that require medical gases are:

i. James A. Haley Veterans' Hospital 13000 Bruce B. Downs Blvd. Tampa, Fl., 33612

ii. Dermatology OPC, 12210 Bruce B Downs Blvd. Tampa, FL 33612

iii. Mental Health Domiciliary OPC, 8451 Temple Terrace Hwy. Tampa, Fl, 33637

iv. Primary Care Annex, 13515 Lake Terrace LN. Tampa, Fl 33615

v. South Hillsborough Clinic, 1290 Summerfield Crossing Blvd. Riverview, FL 33579

vi. Zephyrhills Outpatient Clinic, 37827 Eiland Blvd. Zephyrhills, Fl, 33542

vii. New Port Richey OPC, 7900 Little Road, New Port Richey, Fl. 34654

viii. Brooksville Outpatient Clinic CBOC, 14540 Cortez Blvd. Suite 108 Brooksville, Fl.

34613

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 2 of 4

Effective Date: 12/15/2025

ix. Lecanto Community Based Outpatient Clinic, 2804 West. Marc Knighton Court Suite A, Lecanto, Fl. 34461

x. Lakeland Outpatient Clinic, 2080 Meadowland Park Blvd. Lakeland, Fl 33803

b. The supply of bulk oxygen and medical gases is critical to hospital and clinic operations.

c. MESA as the incumbent is currently the best option for the Government to avoid any interruption of this critical support until we have a long-term contract solution in place.

4. Statutory Authority Permitting Other than Full and Open Competition: 41 USC §3304(a)(5), 38 U.S.

Code § 8127(c), as implemented by RFO 6.103-5 (Authorized or Required by Statute). COs may use the non-competitive (sole source) procedures authorized in VAAR 819.7008 (DEVIATION) or VAAR

819.7009 (DEVIATION)- up to $5,000,000. Check the specific VAAR clause used below:

(X) 819.7008 Sole source awards to a certified service-disabled veteran-owned small business; or ( ) 819.7009 Sole source awards to a certified veteran-owned small business

5. Demonstration that the Contractor’s Unique Qualifications and/or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

a. As noted above, the VA is utilizing the authority set forth in VAAR 819.7008. A finding that only one SDVOSB firm is not required. However, as discussed below in sections 6 and 8, MESA is uniquely suited to provide the supply of bulk oxygen and medical gases. The requirements of 819.7008 are met for this anticipated sole source.

b. The total contract value will not exceed $5,000,000. Further, the VA has determined that

MESA is listed as a certified SDVBOSB in the SBA’s database. MESA is a small business under the relevant NAICS code 325120 with a size standard of 1,200 employees and is determined to be a responsible contractor capable of performing the supply of bulk oxygen and medical gases. Finally, as discussed in greater detail below in section 7 the CO has determined that the proposed pricing will be fair and reasonable.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable, including whether a notice was or will be publicized as required by RFO 6.301 and, if not, which exemption under RFO 5.101(b)(1) applies:

a. Market research was conducted for the recent and relevant RFQ 36C24826Q0759. The market research and the RFQ showed that the requirement was appropriate for an SDVOSB set-aside as there were SDBOSB responses to the RFQ 36C24826Q0759. The RFQ 36C24826Q0759 was protested to the agency on 07/27/2026. On 09/15/2026 the agency dismissed the protest in its entirety as pending corrective actions rendered it moot. No award will be made from the RFQ 36C24826Q0759.

b. The current supply of bulk oxygen and medical gases end on 09/30/2026. This sole source contract is required to avoid a lapse in the supply of bulk oxygen and medical gases until the long-term contract is in place. In accordance with RFO 6.301(b), the sole source justification for this short-term bridge contract will be posted on SAM within 14 days after contract award.

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 3 of 4

Effective Date: 12/15/2025

c. The acquisition strategy and underlying requirement will be reexamined, and the requirement will be resolicited in a manner consistent with applicable law and regulation.

d. Among the SDVOSB responses from the solicitation 36C24826Q0759, only Medical

Equipment and Supplies of America is immediately capable of providing the requirement during the bridge. MESA is the incumbent. The Government would not have any transition time to support and there wouldn’t otherwise be any risk to disruption of support during this short bridge period of performance.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and

Reasonable:

a. The estimated cost of the proposed action is as reflected in the IGCE. The CO determined the anticipated cost to the Government will be Fair and Reasonable based on a comparison with the IGCE for RFQ 36C24826Q0759 and recent and relevant market pricing information provided by offerors in response to that Solicitation.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted:

Market research was conducted pursuant to RFO part 10 and revealed 191 SDVOSBs and VOSBs certified as small businesses on the SBA small business search tool using the NAICS code 325120 (See P02.1 in eCMS briefcase file). SDVOSBs expressed an interest in the recent and relevant RFQ 36C24826Q0759. MESA is certified an SDVOSB by the Small Business Administration and this procurement action is below the $5 million threshold at 38 U.S. Code § 8127(c). This market research is appropriate to the circumstances, and no further market research is required. As discussed above, as part of the corrective action the VA will reexamine its requirements for the long-term procurement and will resolicit. The VA intends to perform additional market research as necessary based on any changed requirements to the long-term procurement.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition:

None. Restating the authority: 38 U.S. Code § 8127(c), as implemented by RFO 6.103-5 (Authorized or Required by Statute).

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition:

The following sources expressed interest in the previous, recent and relevant RFQ 36C24826Q0759.

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 4 of 4

Effective Date: 12/15/2025

11. A Statement of the Actions, if any, the Agency May Take to Remove or Overcome any Barriers to Competition before Making subsequent acquisitions for the supplies or services required:

The VHA is committed to the competitive spirit of all procurement regulations. It is our policy to seek full and open competition to the largest extent possible while fulfilling the necessary requirements. All future requirements will be handled on a case-by-case basis. As stated above, the acquisition strategy and underlying requirement will be reexamined. Future requirement support and acquisition strategy will be determined and executed in a manner consistent with applicable law and regulation.

12. Requirements Certification: I certify that the requirement outlined in this justification is a Bona Fide Need of the Department of Veterans Affairs and that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief.

Supervisor Inventory Management Specialists

JAHVH

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

a. Contracting Officer or Designee’s Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Contracting Officer

JAHVH

b. One Level Above the Contracting Officer (Required over the SAT but not exceeding $900K): I certify the justification meets requirements for other than full and open competition.

Senior Contracting Officer, Tampa Services/Commodities Team Facility