Attachment 1 FAR 13.5 Sole Source JA.docx

VHAPG Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items Attachment 1: Request for Sole Source Justification >SAT-$7.5M under FAR13.5

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS IN ACCORDANCE WITH FAR 13.5

1. Contracting Activity: Department of Veterans Affairs, VISN 23, Network Contracting Office 23

Organizational Activity: Minneapolis VA Health Care System, One Veterans Drive, Minneapolis, MN 55417

2. Nature and/or Description of the Action Being Processed: EMERGENCY Firm Fixed Price Purchase Order, Open Market

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The Minneapolis VA Medical Center (MPLS VAMC) cooling towers are no longer able to keep up with cooling the MPLS VAMC. The temperatures of the facility at the end of the summer last year were reaching unacceptable temperatures for the facility. Maintenance and repairs are required so the cooling towers can keep up with the facility demand until the project to replace the towers is completed. A training component is included in this package so that MPLS VAMC personnel can learn how to perform the routine maintenance and repairs necessary until these towers are replaced. After an unsuccessful, expedited solicitation to promote maximum competition, this has now been deemed an emergency to continue medical center operations.

Period of Performance: One Time Service, 07/14/2026-11/01/2026

4. Statutory Authority Permitting Restricted Competition:

FAR 13.5 Simplified Procedures for Certain Commercial Items. The statutory authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. § 1901 and is implemented by FAR 13.106-1(b)(2) for restricting competition on this procurement. Competition is restricted on this procurement for the reason below:

( ) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements ( ) Brand Name Only Equipment ( X ) Unusual and Compelling Urgency ( ) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services ( ) International Agreement ( ) Authorized or Required by Statute ( ) National Security ( ) Public Interest

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): This acquisition is critical to medical center operations to maintain a climate controlled environment for patient care to Veterans. While originally this requirement was identified early on as a medical center need, we have exhausted all competition possible and it has become an EMERGENCY priority for completion due to hot weather temperatures as this directly related to warm season weather. Based upon all market research, Composite Cooling Solutions, L.P. was the only responsible vendor identified to meet the needs of this requirement in an urgent and compelling manner.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: A full and open, competitive solicitation was posted to SAM.gov. No responsible vendor identified. An RFI was posted prior to that to evaluate the market for sources prior to the solicitation.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: It is anticipated that the cost of this requirement to the Government will be fair and reasonable. The IGCE was valued at $623,622.00. The proposed competitive amounts from vendors during solicitation were $213,500.00 and $483,650.00 respectively. Based upon this information it is expected to determine the proposed price of $493,789.00 to be fair and reasonable.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: The SBA Small Business database was searched using NAICS 238220 resulting in 2,530 SDVOSB vendors and 2,735 VOSB vendors.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: This was submitted as a “special” procurement to be expressly done but promote the maximum competition practicable. After the solicitation failed, the urgency moved to an “emergency” so that the medical center can maintain climate controlled temperatures for Veteran care.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: Composite Cooling Solutions, L.P. responded to the RFI posted. Premier Edge Services, LLC and Eleven Bravo Group, LLC responded to the solicitation but were not deemed responsible. They were notified that the solicitation was cancelled.

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: Market research will be conducted for future requirements to determine if any other responsible vendors become available that allow for competition to the maximum extent practicable.

Effective Date: 12/30/2025 Page 1 of 9

REVISION: 02

Acquisition ID#: 36C263-26-AP-2881