INTRODUCTIONTHIS IS A PRE-SOLICITATION NON-COMPETITIVE (NOTICE OF INTENT) SYNOPSIS TO AWARD A MODIFICATION TO A CONTRACT WITHOUT PROVIDING FOR FULL OR OPEN COMPETITION (INCLUDING BRAND-NAME).
The National Institute of Mental Health (NIMH) requires additional industrial gases for use in biomedical research. Specifically, NIMH receives medical grade bulk oxygen (gas), nitrogen (liquid), and carbon dioxide (gas). NIMH requires additional medical grade bulk oxygen (gas) and nitrogen (liquid). Due to the uncertainty of how much of each gas would be used, it was not possible at the time of contract award to accurately predict the amount that will be consumed as consumption is based on variables such as the amount of animal surgeries, as well as the complexity and amount of surgeries.
Progressive Industries, Inc. (Progressive) currently has installed three of their own tanks behind building 49 on the NIH campus as their industrial gases are being provided to the building occupants.
NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE and SET ASIDE STATUSThe intended procurement is classified under NAICS code 325120 with a Size Standard of 1,000 Employees.
This acquisition is 100% set aside for small businesses.
REGULATORY AUTHORITY This acquisition is conducted under the authority of the Federal Acquisition Regulation (FAR) Part 13-Simplified Acquisition Procedures. Contracts awarded using FAR Part 13-Simplified Acquisition Procedures are exempt from the requirements of FAR Part 6-Competition Requirements. FAR Subpart 13.106-1 (b) Soliciting from a single source provides that: For purchases not exceeding the simplified acquisition threshold, Contracting officers may solicit from one source IF the contracting officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name OR industrial mobilization).
The resultant contract will include all applicable provisions and clauses in effect through the Federal Acquisition Circular (FAC) 2005-85 dated August 15, 2016.
DESCRIPTION OF REQUIREMENTPURPOSE AND OBJECTIVES:The purpose of this modification to contract HHSN27120150008I is to procure additional gallons of bulk medical grade oxygen (gas) and nitrogen (liquid) for NIMH building 49 occupants. The oxygen, nitrogen and helium, were originally purchased under HHSN27120150008I. This requirement for additional oxygen and nitrogen was unforeseen due to the inability to accurately estimate how much gas will be utilized each year.
PROJECT REQUIREMENTS:The Contractor shall provide additional bulk medical grade oxygen and nitrogen which meets the following specifications:Oxygen USP (Medical Grade, Approved for Human Drug Use)Odor: None% O2: >99.50%CO2: %CO:
Nitrogen NF (Medical Grade, Approved for Human Drug Use)Odor: Noneppm O2: ppm CO: Nitrogen: >99.00
The oxygen and nitrogen must be able to be stored in already existing tanks which were provided and are maintained by Progressive.
CONTRACTING WITHOUT PROVIDING FOR FULL OR OPEN COMPETITION (INCLUDING BRAND-NAME) DETERMINATION
The determination by the Government to award a contract without providing for full and open competition is based upon the market research conducted. Specifically, only Progressive, Inc. is capable of providing the required oxygen because Progressive already has installed their tank behind building 49 and has been providing their own oxygen to building 49 occupants since April, 2015. No other company can use the tanks that Progressive has installed and due to space constraints, it is not possible to install another vendor's tanks. Therefore, Progressive is the only vendor that is capable of meeting the Government's need.
The intended source is: Progressive Industries, Inc. 2733 Pulaksi AvenueChicago, IL 60639
CLOSING STATEMENTTHIS SYNOPSIS IS NOT A REQUEST FOR COMPETITIVE PROPOSALS. However, interested parties may identify their interest and capability to respond to this notice.
A determination by the Government not to compete this proposed contract based upon responses to this notice is solely within the discretion of the Government. All responsible sources may submit a capability statement, proposal, or quotation which shall be considered by the agency. The information received will normally be considered solely for the purposes of determining whether to proceed on a non-competitive basis or to conduct a competitive procurement.
Responses to this notice shall contain sufficient information to establish the interested parties' bona-fide capabilities for fulfilling the requirement and include: unit price, list price, shipping and handling costs, the delivery period after contract award, the prompt payment discount terms, the F.O.B. Point (Destination or Origin), the Dun & Bradstreet Number (DUNS), the Taxpayer Identification Number (TIN), and the certification of business size. All offerors must have an active registration in the System for Award Management (SAM) www.sam.gov.
All responses must be received by the closing date and time of this announcement and must reference the solicitation number, HHS-NIH-NIDA-SSSA-NOI-16-754. Responses must be submitted electronically to Pamela Daugherty, Contract Specialist, at firstname.lastname@example.org. U.S. Mail and Fax responses will not be accepted.