Award Notice - Justification for an Exception to Fair Opportunity.docx

UNITED STATES DEPARTMENT OF VETERANS AFFAIRS

Veterans Benefits Administration Office of Mission Support‐ Acquisition Directorate Justification for an Exception to Fair Opportunity in accordance with FAR 16.505(b)(2)(i)

1. Contracting Activity:

Department of Veteran Affairs Veterans Benefits Administration (VBA) Office of Mission Support, Acquisition‐Directorate 1800 G Street NW Washington DC 20006

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

The Department of Veterans Affairs (VA) requires a two (2) month task order to General Dynamics Information Technology (GDIT) as a temporary solution to maintain mission‐essential services during the protest period for the long‐term File Conversion Services task order. The period of performance will be for two (2) months beginning November 13, 2023, through January 12, 2024. The total estimated value of this proposed action is $31,788,359.55.

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

38 U.S.C. § 5103 stipulates legal requirements for records and compels the VA with a duty to assist claimants in obtaining the evidence they need to substantiate these claims. This task order will convert Veteran records from the original format (paper and special media) to standardized, indexed, searchable digital formats and provides these images to VA and the National Archives and Records Administration (NARA), as well as providing project management, labor, training, Source Material Tracking System (SMTS), and smart search services to support court ordered claims adjudication as mandated by the consent decree stemming from Nehmer v. U.S. Department of Veterans Affairs. In addition, the Promise to Address Comprehensive Toxics Act of 2022, or PACT Act, was signed into legislation on August 10, 2022, requiring expanded VA health care and benefits for Veterans exposed to toxic substances and Veterans of the Vietnam, Gulf War and Post 9/11 eras. The PACT Act has substantially increased the volume and the urgency of Veteran claims.

Services that will be provided under this short‐term task order include the extraction, receipt, handling, transportation, storing, processing, digitizing, and transferring Official Military Personnel Files (OMPFs), Maritime Deck Logs, VA Claims Files (C‐Files), and other historical documents that are legally required for the VA to adjudicate Veteran claims. These records are the foundational step for all claims and allow VA Claims Processors to have access to digital versions of original records, almost instantaneously, thereby substantially reducing the processing timeframe.

4. Statutory Authority and Supporting Rationale:

The statutory authority permitting an exception to fair opportunity is 41 U.S.C. 4106(c) as implemented by FAR 16.505(b)(2)(i), subsection (C):

This task order will be issued on a limited‐source basis in the interest of economy and efficiency because it is a logical follow‐on to task order 36C10E20N0195 where all awardees of the Veterans

Intake, Conversion and Communication Services (VICCS) Indefinite Delivery, Indefinite Quantity (IDIQ) were given a fair opportunity to be considered.

Ramifications of not issuing this award would cause Veterans to experience extreme delays in the processing of their claims. All active Veteran record scanning would cease, thereby stopping all new Veteran claim processing, resulting in a significant delay of Veterans receiving their entitled benefits. Without these digitized records, VBA would be unable to process any Veterans claims for benefits. The digitizing of Official Military Personnel Files (OMPF) and other types of claims files and historical documents is the foundation and critical first step for all Veteran claims.

5. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable:

The original task order pricing was found fair and reasonable through a competitive solicitation via the VICCS contract. The Contracting Officer anticipates pricing to reflect current rates with fair and reasonable adjustments, taking into account inflation of 3.7% and any mandatory wage rate increases, as published by the Department of Labor.

6. Other facts supporting the justification:

This is a mission‐critical service that ensures VA active claims have the relevant files scanned and uploaded to VA systems within 24 hours. Veterans who have urgent and compelling claims take priority. These are the country’s most vulnerable and at‐risk Veterans, who, because of this program, are assisted within hours, where it previously took days or weeks for their records to be pulled, transported, digitized, and made available for adjudication. Under this program, Veterans with urgent and life‐threatening needs, including those who are terminally ill, experiencing a mental health crisis and/or homelessness, can file a claim and have all materials necessary to work that claim on day one.

7. A statement of the actions, if any, the Agency may take to remove or overcome any barriers that led to the Exception to Fair Opportunity before any subsequent acquisition for services is made:

The VA planned to transition these services via a competitive acquisition in October 2022. A task order was awarded to GovCIO, LLC in November 2022, but subsequently protested by GDIT to the Government Accountability Office (GAO). On March 1, 2023, the GAO sustained GDIT’s protest and directed VA to take corrective action. VA undertook corrective action and made a subsequent award in August 2023 to GDIT; this award was protested by GovCIO. VA elected to take corrective action on the second protest, and GAO dismissed GovCIO’s protest at the end of August 2023.

Pursuant to FAR 33.102(c), in order to utilize the funds that were obligated during Fiscal Year 2023, VA will issue an award for the competitive acquisition by December 18, 2023. While the agency is undertaking corrective action based on the second protest, the current file conversion services expire November 12, 2023. This short‐term task order is required to maintain critical services through the protest period and potential transition period.

8. 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.

ROSA MACNEIL

Digitally signed by ROSA MACNEIL Date: 2023.11.03 16:30:49 -05'00'

Rosa Macneil Date Senior Program Analyst

9. Approvals:

a. Contracting Officer’s Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

STACIA FAULHABER

Digitally signed by STACIA FAULHABER Date: 2023.11.03 14:38:11 -07'00'11/3/2023

Stacia Faulhaber Date Supervisory Contracting Officer

b. VBA’s Competition Advocate (delegated to the Head of Contracting Activity) / Head of Procuring Activity Approval: (>$750K to $75M): I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and approve.

TODD HUNTER

(Affiliate) Digitally signed by TODD HUNTER (Affiliate) Date: 2023.11.09 08:32:26 -05'00'

Todd B. Hunter, SES Date Head of Contracting Activity (HCA) Veterans Benefits Administration