J_A- TempTrak Redacted.pdf

Attachment 1: Request for Sole Source Justification 36C255-25-AP-1500 TempTrak Service Agreement

Effective Date: 11/15/24 REVISION:

Acquisition ID#: 36C255-25-AP-1500

This proposed action will be for a Firm-Fixed Price Five (5) Year Indefinite Delivery Indefinite Quantity Contract with Five (5) 12-Month ordering Periods.

The anticipated period of performance is 10/01/2025 – 09/30/2030

Total Estimated Value:

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

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

The TempTrak products and services consist of Copeland’s proprietary simulators, probes, shafts, & other accessories which are unique to the specialized system developed exclusively by Copeland.

Copelands prohibits third party contractors, alternate distributors, and substitute providers from providing TempTrak products and services to the Department of Veterans Affairs. Services provided by non-authorized would not be warrantied, guaranteed, nor supported by Copeland. Also, through market research and the published Special Notice it was determined that no small business would be able to perform any of the services required.

Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable:

SAM Special Notice: An Intent to Sole Source Notice (

Therefore, since the OEM (Copeland Cold Chain LP dba Cooper-Atkins) and are both large businesses, the overnment’s best interest is to issue a solicitation unrestricted under FAR Part 13.5.

Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable:

Pricing will be determined fair and reasonable based on comparison of quoted pricing and similar recently awarded contracts within the Department of Veterans Affairs.

Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted A proprietary letter was provided by the OEM confirming is the only authorized SDVOSB company able to perform maintenance on the TempTrak System. The referenced

Attachment 1: Request for Sole Source Justification 36C255-25-AP-1500 TempTrak Service Agreement

Effective Date: 11/15/24 Page 3 of 5

REVISION: 01

Acquisition ID#: 36C255-25-AP-1500 proprietary letter is included in the market research attachments. However, upon further review is no longer considered a small business under NAICS 811210.

SAC: There were no mandatory contracts for this type of service.

VetCert: There were zero (0) SDVOSB/VOSBs registered under NAICS 811210

FPDS: A search of FPDS for TempTrak resulted in several recently awarded contracts to due to having an Authorized Distributor Letter from the OEM stating was their sole SDVOSB authorized distributor for sale of its TempTrakTM wireless environmental monitoring system for the Veterans Affairs customer in the United States. However, since the Authorized Distributor Letter was issued is no longer considered a small business under NAICS 811210.

SAM Special Notice: An Intent to Sole Source Notice ) was posted to sam.gov to sole source to . No responses were received. However, upon further market research it was determined that is no longer considered a small business under NAICS 811210.

Therefore, since the OEM (Copeland Cold Chain LP dba Cooper-Atkins) and are both large businesses, the government’s best interest is to issue a solicitation unrestricted under FAR Part 13.5.

SBA DSBS – A search utilizing NAICS code 811210 and keyword TempTrak resulted in zero (0) companies.

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

Copeland Cold Chain LP dba Cooper-Atkins and are the only companies capable of providing the service due to the proprietary nature of the simulators, probes, shafts, & other accessories which are unique to the specialized system developed exclusively by Copeland.

Proprietary letter attached.

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:

The TempTrak monitors are purchased by each facility as needed. The life expectancy of the TempTrak wireless monitoring system is 13 years. Therefore, the sole source nature of the maintenance service that this contract covers, is anticipated to continue throughout the life of the equipment. However, the Government will continue to conduct market research over the life of the equipment to ascertain if there are changes in the marketplace that would enable future competitive actions to be completed.

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.