P03_CD Refresh - Sole Source JA - Medical Gas - 11-16-22.pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition

1. Contracting Activity: Department of Veterans Affairs, Office of Construction and Facilities

Management-Eastern Region (003C4C), 425 I Street NW Washington, DC 20001.

2. Nature and/or Description of the Action Being Processed: This sole source justification for a brand name comes as a result of a VA New York Harbor Healthcare Medical Center (VANYHMC) requirement for a firm fixed priced delivery order to the CD Refresh Project. This purchase serves to standardize Cardinal Medical Gas Services Inc. as the sole service provider and shall include installation, materials, parts, labor and certifications needed to service medical gas equipment.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The current Medical Gas system consists of nitrous oxide, nitrogen, carbon dioxide and oxygen. The new work includes installing speciality piping, fitting, valves, cabinets, station outlets, rough-ins, ceiling services, pressure regulators, pressure gages, pressure switches, transmitters, at least two nitrogen alarm systems, two nitrogen control panels and cylinder manifolds. The medical air piping system will be pressure tested and a startup test will be performed to ensure the entire Medical Gas Sytems is fully operational and meets the requirements under NEPA 99. Currently most of the medical gas and specialty gas cylinders are owned by Cardinal Medical Gas Services Inc. The requirement will be for Cardinal Medical Gas Services to deliver medical gas and specialty gas cylinders, refill the larger medical and specialty gas tanks and the rental of cylinders in the facilities of VANYHMC. The estimated cost for this work is $65,000. The estimated delivery period of performance is 60 months.

This information provided is based off the current A/E Basis of Design Narrative.

4. Statutory Authority Permitting Other than Full and Open Competition: 41 USC §3304(a)(1), as implemented by FAR 6.302-1 (c).

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): The existing medical gas system was installed by Cardinal Medical Gas Services Inc. By utilizing the same supplier, the installation of the system is easily predictable and limits unforeseeable conditions in the field and avoids added costs. Cardinal Medical Gas Services also specializes in medical equipment, specialty piping systems, plumbing and maintenance work. Using Cardinal Medical Gas Services will also be cost-effective in terms of maintenance because the supplier will easily be able to provide any fitting, and replacement parts should their be a need for regarding the medical gas system. Continuing with Cardinal Medical Gas as the Med gas supplier will eliminate the need for a second supplier to become familiar with the facilities current system thus expediting the time for repairs and replacements. Therefore, for the benefit of the Government, it is requested that Cardinal Medical Gas Services Inc. be specified as the medical gas supplier for the CD Refresh Project by means other than full and open.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: This procurement will be competed and synopsized on SAM.gov as an Request for Proposal (RFP) and will indicate the requirement for a sole sourced provider and that provider to be Cardinal Medical Gas Services Inc. Since the construction contract is being awarded as a firm fixed price contract through competitive proposals, the proposers are incentivized to locate the supplier that will provide the item at the most economical price.

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

Reasonable: The Contracting Officer has determined the procurement to be the best value to meet the Government’s needs. The requirement to use Cardinal Medical Gas was verified through peer review of the Independent Government Estimate (IGE). The request for proposal (RFP) will seek competition. Proposals received in a competitive environment are considered fair and reasonable to the government based on competition.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Since the existing campus wide medical gas system is serviced by Cardinal Medical Gas and patching in another provider is not feasible, no additional market research was conducted and the decision was made to sole source Cardinal Medical Gas for this justification.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: None. See Item #5 above.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: None.

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:

VANYHMC must ensure that there is no interruption in any aspect of patient care, especially when it comes to suppliying medical gas. Therefore, VANYHMC will be continuing to use Cardinal Medical Gas Services Inc. to supply medical and specialty gases for uninterrupted patient care, which will be the least costly method of procurement, all considerations (procurement/administrative costs) considered.

12. Requirements Certification: I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Angeleque Batkins Date Senior Contracting Officer