FY20 DJ058 - JA ATP2 LLC (SDVOSB)_36C10G20C0020.pdf

DEPARTMENT OF VETERANS AFFAIRS

Office of Procurement, Acquisition and Logistics (OPAL)

Strategic Acquisition Center (SAC) 10300 Spotsylvania Avenue, Suite 400

Fredericksburg, VA 22408

Justification and Approval for Other than Full and Open Competition

6.302-5 -- Authorized or required by statute

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 Healthcare Service (FHS) Financial Services Center (VA-

FSC).

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

This activity proposes to negotiate a non-competitive award (sole-source) with ATP2 LLC, a verified Service-Disabled Veteran-Owned Small Business (SDVOSB) to perform medical claims support services for the Veterans Affairs Financial Services Center (VA-FSC) in Austin, Texas. This requirement will result in the issuance of a Firm-Fixed-Price contract as a direct award to a Service-Disabled Veteran-Owned Small business (SDVOSB, and the anticipated period of performance is:

September 13, 2020 – November 12, 2020

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

The Department of Veterans Affairs Financial Services Center (VA-FSC) is a Franchise Fund under the Government Management Reform Act, P.L. 103-356. Consequently, the VA FSC receives no federally appropriated funding and thus is required to market its services to customers. As such, VA-FSC provides financial services to the Department as well as to other government agencies (OGAs).

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

Strategic Acquisition Center (SAC) 10300 Spotsylvania Avenue, Suite 400

Fredericksburg, VA 22408

Lejeune, North Carolina. The Contractor 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 total estimated value of the proposed action for the base award amount only is for $2,280,769.20.

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)(5) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302- 5 entitled, “Authorized or required by statute”. The applicable statute is Public Law 109- 461: “Veterans Benefits, Health Care, and Information Technology Act of 2006” specifically, the “Veterans First Contracting Program” outlined in 38 USC § 8127(c).

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

VAAR 819.7007 states explicitly, “A determination that only one SDVOSB can meet the requirement is not required,” and that using this authority, the following must be verified:

(1) The anticipated award price of the contract (including options) will not exceed $5 million; the estimated value of the proposed action is $2.28M and does not exceed $5M.

(2) The justification prepared pursuant to FAR 6.302-5(c)(2)(ii) is posted in accordance with FAR subpart 5.301(d);

This J&A will be posted on FBO.

(3) The SDVOSB concern has been determined to be responsible with respect to performance; and, ATP2, LLC is registered and VIP-verified as owned and controlled by a service-disabled veteran. ATP2, LLC has successfully performed and currently provides these services to the VA, demonstrating that they have the expertise and experience required for successful performance. ATP2, LLC is registered in the System for Award Management (SAM) as a SDVOSB under the applicable North American Industry Classification System (NAICS) code.

Strategic Acquisition Center (SAC) 10300 Spotsylvania Avenue, Suite 400

Fredericksburg, VA 22408

(4) In the estimation of the contracting officer, contract award can be made at a fair and reasonable price that offers best value to the Government.

(5) The contracting officer has determined that the use of this authority is in the best interest of the government based upon the fact that ATP2, LLC is a SDVOSB which has a satisfactory performance history with the Department of Veterans Affairs in providing quality products and services at a fair and reasonable price and has the necessary working knowledge of the VA systems, programs and policies to provide the needed deliverables within the stringent timeline required.

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.

The contracting officer has determined that a SDVOSB sole source award to ATP2, LLC is in the best interest of the government. IAW VAAR § 819.7007(b) and (c), the determination whether to make a sole source award is a business decision wholly within the discretion of the contracting officer and a determination that only one SDVOSB concern is available to meet the requirement is not required.

A notice will be publicized as required by Subpart 5.2.

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.

Market research was conducted and ATP2, LLC has been determined to be a responsible source with respect to performance. They are registered and certified in VetBiz.gov as a SDVOSB with the NAICS code for this requirement which in accordance with Public Law 109-461 Section 502(c) meets the requirements of this statute to sole source to a SDVOSB. In addition, a review of their Representations and Certifications was conducted in the System for Award Management (SAM) and ATP2, LLC has no exclusions.

Strategic Acquisition Center (SAC) 10300 Spotsylvania Avenue, Suite 400

Fredericksburg, VA 22408

In addition, the Federal Awardee Performance and Integrity Information System (FAPIIS) was reviewed and FAPIIS shows no reports for ATP2, LLC that would indicate defective pricing, instances of contractor fault or recipient not-qualified, terminations for cause, default or material failure to comply, or non-responsibility of the contractor.

In addition, their current services meet and exceeds government requirements and government reviewed their VIP verification verifying that they are an SDVOSB.

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

In accordance with Public Law 109-461, codified at 38 USC § 8127, in order to increase contracting opportunities for small business concerns owned and controlled by veterans and small business concerns owned and controlled by veterans with service-connected disabilities, contracting officers of the VA are given specific statutory authority to award a contract to a small business concern owned and controlled by veterans using procedures other than competitive procedures (i.e. a “sole source” contract). The contracting officer may do so in accordance with VAAR 819.7007.

10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

Name: ATP2, LLC Address: 10665 STANHAVEN PL STE 207

WHITE PLAINS MD 20695

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.

All future requirements will be handled on a case-by-case basis. Toward the expiration of this contract, consideration will be given as to whether the future acquisition should be competitive.

Strategic Acquisition Center (SAC) 10300 Spotsylvania Avenue, Suite 400

Fredericksburg, VA 22408

12. Certifications / Signatures.

Technical Representative Certification:

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

Stephen L. Spurlin Date 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.

Sharon Redman Date Contracting Officer Strategic Acquisition Center-Fredericksburg (SAC-V)

Competition Advocate Approval:

Competition Advocate Approval

Upon the basis of the above justification, I hereby approve, as advocate for competition for the procuring activity, the solicitation of the proposed procurement described herein using other than full and open competition, pursuant to the authority of 38 U.S. Code 8127(c).

Donald (Jason) Jones Date Competition Advocate Competition Advocate Strategic Acquisition Center (SAC) Tracking Number _______

Stephen L.

Spurlin 608111

Digitally signed by Stephen L. Spurlin 608111 Date: 2020.09.04 08:59:59 -05'00' 9/4/2020

9/11/2020

DJ058

SHARON E REDMAN

705597

Digitally signed by SHARON E

REDMAN 705597

Date: 2020.09.04 11:03:58 -04'00'

Donald J.

Jones 926524

Digitally signed by Donald J. Jones 926524 Date: 2020.09.11 10:43:03 -04'00'