36C10G21C0002_1.docx

DEPARTMENT OF VETERANS AFFAIRS

Office of Procurement, Acquisition and Logistics (OPAL) Strategic Acquisition Center (SAC) 10300 Spotsylvania Avenue, Suite 400 Fredericksburg, VA 22408

Contract Opportunity Justification and Approval Notice

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(Required when using Statutory Authority FAR 6.302-1(c))

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* = Required Field Contract Opportunity Justification and Approval Notice R499 FSC Medical Claims Processing Bridge (Mar-Jun) | 36C10G21C0002 22408-2697 36C10G21C0002 36C10G21C0002 N 524292 U.S. Department of Veterans Affairs OPAL | Strategic Acquisition Center 10300 Spotsylvania Ave | STE 400 Fredericksburg VA 22408-2697 Supervisory Contract Specialist Sharon Redman Sharon.Redman@va.gov 202-664-6480

FAR2

36C10G21C0002 $3,452,044.41 03-24-2021

ATP2 LLC

10665 STANHAVEN PL STE 207

WHITE PLAINS

MD

20695 https://www.va.gov/opal/sac/index.asp To learn more about SAC and its mission, please click here Justification and Approval for Other than Full and Open Competition

6.302-2 – Urgent and Compelling

1. Identification of the agency and the contracting activity.

This Justification and Approval (J&A) for Other Than Full and Open Competition is executed by the Strategic Acquisition Center (SAC), on behalf of the Department of Veterans Affairs, Financial Services Center (VA-FSC).

2. Nature and/or description of the action being approved.

This activity proposes to negotiate a non-competitive contract on a sole-source basis with ATP2 LLC, a verified Service-Disabled Veteran-Owned Small Business (SDVOSB), to perform medical claims support services for the VA-FSC in Austin, Texas. This contract will result in a three-month period of performance from March 13, 2021 to June 12, 2021.

3. A description of the supplies or services required to meet the agency’s needs (including the estimated value).

This requirement is in support of the VA-FSC. VA-FSC is a Franchise Fund under the Government Management Reform Act, P.L. 103-356 and receives no federally appropriated funding and thus is required to market its services to customers. As such, VA-FSC provides financial services to the VA as well as to other government agencies (OGAs).

Contract 36C10G20C0008, issued on September 25, 2020, is currently under GAO protest (submitted October 5, 2020). As a result, the government is executing a sole-source contract 36C10G20C0020 to allow sufficient time for the GAO protest to be resolved and corrective action taken. This is being achieved by executing a three-month period of performance. The use of this contract will allow the VA to sustain necessary services while providing the flexibility to end services and resume contract performance under contract 36C10G20C0008 upon adjudication of the current GAO protest. The total estimated value of the proposed action is $3,452,044.41.

4. An identification of the statutory authority permitting other than full and open competition.

The statutory authority permitting other than full and open competition is 41 U.S.C.

§ 3304(a)(2) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-2 entitled, “Unusual and Compelling Urgency.”

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

Contract 36C10G20C0020 was issued on January 13, 2021 with a period of performance of January 13, 2021 – March 12, 2021. This contract was issued to allow sufficient transition and on/off-ramping between the out-going and incumbent contractors. At that time, contract 36C10G20C0008 was under a Post-Award GAO protest, B-418361.2 (submitted on October 5, 2020), by Vets United, L.L.C. A stop work order has been issued in accordance with FAR Subpart 33.104(c)(1), as implemented in accordance with FAR Clause 52.233-3, and a letter was sent to the awardee, ATL, Inc., on October 6, 2020. The protest was dismissed on academics based on the corrective action to be taken by the agency.

A new evaluation of the seventeen (17) proposals was conducted which resulted in no change to the original award decision. The corrective action addressed the protester’s concerns and will moot the protest.

The use of a new non-competitive contract on a sole-source basis with ATP2 LLC will allow the VA to sustain necessary services contract performance under contract 36C10G20C0008 resumes upon adjudication of the current GAO corrective action.

The contracting officer has determined that the continuation of these services constitutes an urgent and compelling need and that delay in award of a new competitive contract action would result in serious injury to the government. .If the VA- FSC does not maintain services for medical claim processing, it would lose its ability to support its healthcare claims processing services to VHA in accordance with THE Veteran Access to Care Act of 2014 (H.R. 4810; 113th Congress), which would result in serious financial harm to Veterans. This determination was made based upon the fact that the current contractor, ATP2 LLC, is supporting VA-FSC in the execution of mission essential medical claims processing.

VA-FSC processes medical claims in support of their customers. Vendors providing medical services and care to individuals send claims to the VA-FSC for adjudication in accordance with appropriate fee schedules based on customer program requirements. The VA-FSC is responsible for processing the associated medical claims submitted by the medical providers in accordance with the Prompt Payment Act and customer program requirements and reimbursing medical care providers on behalf of customers. Current VA-FSC customers include, but are not limited to, 21 Veteran Integrated Service Networks (VISNs) throughout the United States (US), Department of Health and Human Services, dialysis medical claims (Medicare), and compensation claims resulting from Veterans’ exposure to contaminated water at Marine Corps Base Camp Lejeune, North Carolina. The current contractor (ATP2 LLC) utilizes the VA-FSC’s existing claims processing system to process these claims, therefore, services have historically been provided at the Government’s facilities in Austin and Waco, TX. The Contractor must assist in the management of, as well as, process a large volume of medical claims efficiently and within specific timeframes.

The use of the cited authority will not exceed the time necessary and will allow the agency time to resolve and finalize the GAO corrective action and resume performance under contract 36C10G20C0008.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies.

In accordance with FAR Subpart 5.202(a)(2), this action will not be publicized as the contracting officer has determined that the government would be seriously injured if the agency complies with the time periods specified in FAR Subpart 5.203.

7. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

No award shall be made until the Contracting Officer determines the cost to the Government to be fair and reasonable. This determination will be based on a comparison of current contract pricing, past proposal submissions (if available), other information made available, and an Independent Government Cost Estimate.

8. A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.

Further market research was not conducted for this action. ATP2 LLC is the only source capable of performing these services on an uninterrupted basis until the current GAO protest is adjudicated and performance can resume under contract number 36C10G20C0008.

9. Any other facts supporting the use of other than full and open competition.

None.

10. A listing of the sources, if any, 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 any subsequent acquisition for the supplies or services required.

The currently awarded contract is a competitively awarded contract; it is the government’s intention and expectation that we will resume performance on this competitively awarded contract once the GAO protest has been adjudicated.

12. Certifications / Signatures.

Technical Representative Certification:

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

FSC Program Manager Financial Healthcare Service

Contracting Officer Certification:

Pursuant to (FAR 6.303-2(a)(12)), I certify that this justification is accurate and complete to the best of my knowledge and belief.

Contracting Officer Strategic Acquisition Center

Approval

For acquisitions over $750,000 but not exceeding $15M

In my role as Competition Advocate for the procuring activity, based on the foregoing justification, I hereby approve this Justification and Approval, on an other-than full and open competition basis pursuant to the statutory authority cited in paragraph 4 above, subject to availability of funds, and provided that the items herein described have otherwise been authorized for acquisition.

Procuring Activity Competition Advocate Strategic Acquisition Center Tracking Number ____________

See attached document: FY21 JA ATP2 36C10G21C0002_Final.

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