P03 - Sole Source Justification FINAL.pdf

VHAPM Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items Attachment 1: Request for Sole Source Justification Template >SAT-$7M under FAR13.5

PM Part 813.5 SAP for Certain Commercial Items Page 1 of 4 Original Date: 08/30/17 Revision 02 Date: 08/04/2020

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C242-26-AP-0804

1. Contracting Activity: Department of Veterans Affairs, VISN 2, Network Contracting Office 2, James J.

Peters VA Medical Center, 130 West Kingsbridge Road, Bronx NY 10468-3904.

Organizational Activity: VA New York Harbor Healthcare System

a. Manhattan VAMC 423 East 23r Street, New York NY 10010

b. St. Albans CLC 179-00 Linden Blvd Jamica, NY 11425

c. Brooklyn VAMC 800 Poly Place, Brooklyn NY 11209

d. Harlem Vet Center 55 W 125th Street, New York NY 10027

Funded 2237: 630-26-1-6080-0012

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

This requirement is for the procurement of parts, installation, maintenance, and associated services (including calibration, training, and related support). The requested action will result in the award of a new firm fixed price contract.

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

a. The contractor shall ensure optimal system functionality through timely calibration, accurate monitoring, installation of necessary sensors, and resolution of ongoing system errors or alerts as reported by staff. Reliable monitoring of these environments is required to maintain medication integrity, laboratory safety, and continuity of patient care. Annual calibration and certification of temperature monitoring equipment, sensor installation and system expansion, and system troubleshooting and support of the existing Copeland Temptrak system.

b. Manhattan VAMC requires to add continuous temperature monitoring system components, consisting of TempTrak Intelli-Base buffers, receivers and temperature/humidity transmitters to comply with VHA notice 2020-02 Memorandum: Storage of Vaccines and Medications in Pharmaceutical Grade Purpose-Built Refrigerators and Freezers at Veteran Affairs Medical Centers (VAMC). In addition, storage of vaccines now involves, when available, the COVID-19 vaccine.

c. Estimated Total Contract Value is $579,999.00.

d. Estimated period of performance is December 1, 2025 – November 30, 2026, with the provision for two 12-month option years.

i. 12/01/2025 – 11/30/2026, base year

ii. 12/01/2026 – 11/30/2027, option year 1

PM Part 813.5 SAP for Certain Commercial Items Page 2 of 4

iii. 12/01/2027- 11/30/2028, option year 2

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:

( X ) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

( ) 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):

“Copeland Cold Chain LP d/b/a Cooper-Atkins (formerly, Emerson Digital Cold Chian, Inc.)

(“Copeland”) will utilize only Veterans Healthcare Supply Solutions, Inc. (“VHSS”) as its sole authorized distributor for sale of its TempTrak wireless environmental monitoring system for the Veterans Affairs customer in the United States. VHSS is currently Copeland’s only SDVOSB provider for TempTrak products and services provided to the United States government.

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.

The TempTrak service offerings include a 24/7 help desk, repair & service by factory trained & certified technicians, remote support, software updates, calibration, and monitoring. Copeland does not authorize (and specifically prohibits) third party contractors, alternate distributors, and substitute providers from providing TempTrak products and services to Veterans Affairs and other United States government agencies. Products, services, and work performed by non-authorized distributors is not warrantied, not guaranteed, nor supported by Copeland (which includes no assumption of liability by Copeland) if such parties are utilized.”

Accordingly, VHSS is the only firm capable of providing the supplies and services described in Section 3 above without the Veteran’s Health Administration experiencing substantial duplication of cost that could not be expected to be recovered through competition and unacceptable delays in fulfilling its requirements.

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

After searching additional companies they were not compliant with NIST and ISO.

Only VHSS provided documentation as an authorized service provider with Copeland.

See section 8.

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Revision 02 Date: 08/04/2020

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

The anticipated total cost of the contract is $579,999.00. VHSS provided a quote for $579,457.29. The Contracting Officer determined the proposed prices are fair and reasonableness through a compression historical market/contract pricing.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons

Market Research Was Not Conducted:

An RFI was issued in SAM.GOV for seeking potential sources. There were four expressions of interest.

VHSS provided a capability statement and Copeland authorized service provider agreement.

VHSS is a certified SDVOSB, however for the NAICS code 811210 and SBA small business size standard of $34 million, they are not a small business.

TrillaMed LLC (GW9FLBWB5625) was the incumbent sole authorized provider, however at the time of this new acquisition, the authorized distributor agreement with Copeland has ended.

TrillaMed advised they have partnered, Trivedi a components manufacturer for Copeland and could provide similar services, but not as an authorized provider with Copeland. TrillaMed is a certified SDVOSB, however for the NAICS code 811210 and SBA small business size standard of $34 million, they are not a small business.

VESEQU, LLC (DXDYJ8Z1K5H3) responded to the RFI, but did not provide documentation they are an authorized distributor/provider. The capability statement did not indicate any relevant or recent past experience for the services required.

BHPE LLC (UPDJHPJUYQ71) responded to the RFI, buy did not provide a capability statement.

A special notice- intent to sole source to VHSS was issued in SAM.GOV. There were zero expressions of interest.

The Contract Specialist (CS) reached out to Copeland, who confirmed VHSS is currently the sole authorized services provider. When the CS inquired about ongoing Trillamed-Temptrak service contracts, Jameison Green from Copeland advised “Your original contract will continue to be serviced by Trillamed until it comes to an end.” The previous contract with Trillamed at NYHHHS expired in June 2025.

A search of NAICS code 811210 in SBA identified 6,168 small businesses of that 815 were veteran-owned small businesses (693 SDVOSB), when keyword “Temptrak” was applied, the results filtered to zero.

A search in GSA eBuy for “Temptrak”, produced one contract – GS-21F-089BA to SEVA for “Special Purpose Clothing, Firefighting, Rescue Equipment and Law Enforcement”.

Additional market research was not conducted due to VHSS being the only available vendor.

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

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None.

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

TrillaMed LLC, VESEQU, LLC

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:

Continuous market research will be conducted surveying market for any changes.

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.

Danielle Fix Date Supervisory – Special Projects Engineer|

FMS

NYHHCS, Manhattan VAMC

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.

Natalie Acevedo Date Contracting Officer

NCO 2

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $700K): I certify the justification meets requirements for other than full and open competition.

Joseph Cellino Date Branch Chief

NCO 2

http://vaww.pclo.infoshare.va.gov/PMWeb/VHAPM_Part_806.3.aspx