J and A.pdf

UNITED STATES DEPARTMENT OF VETERANS AFFAIRS

Veterans Benefits Administration

Office ofMission Support Acquisition Directorate Justification for an Exception to Fair Opportunity (>SAT)

Acquisition Plan Action ID: 36C10D 24 AP 0027

1. Contracting Activity:

Department of Veteran Affairs Veterans Benefits Administration (VBA) Office ofMission Support, Acquisition Directorate 1800 G Street NW WashingtonDC 20006

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

The Department of Veterans Affairs (VA) requires a 3.5 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.

3. Description of Supplies or Services (includingestimate) :

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 to 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and transferring Official Military Personnel Files (OMPFs), Maritime Deck Logs, VA Claims Files (C Files), and other historical documents that are legally required for the VA to adjudicate Veteran claims.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 VAClaims Processors to have access to digital versions of original records, almost instantaneously, thereby substantially reducing the processing timeframe.

The period of performance will be for 3.5 months beginning June 13, 2024, through September 30, 2024. The total estimated value of this proposed action is $29,999,999,.73.

4. Statutory Authority:

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):

( ) FAR Subpart 16.505(b)(2)(i)(A): The agency need for the supplies or services is so urgent that

VBARENFeistT Rectangle providing a fair opportunity would result in unacceptable delays.

( ) FAR Subpart 16.505(b)(2)(i)(B): Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

( X ) FAR Subpart 16.505(b)(2)(i)(C): The order must be issued on a sole source basis in the interest of economy and efficiency because it is a logical follow on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

( ) FAR Subpart 16.505(b)(2)(i)(D): It is necessary to place an order to satisfy a minimum guarantee.

( ) FAR Subpart 16.505(b)(2)(i)(E): For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source. A statutory authority permitting an exception to fair opportunity for this action is 38 U.S.C. 8127(c), known as the Veterans First Contracting Program which provides the authority to directly contract with a Service Disabled Veteran Owned Small Business (SDVOSB) or a Veteran Owned Small Business

(VOSB).

5. Rationale Supporting Use of Authority Cited Above:

This short term task order will be issued in the interest of economy and efficiency because it is a logical follow on to an order already issued under task order 36C10E20N0195 where all awardees of the VICCS 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 OfficialMilitary Personnel Files (OMPF) and other types of claims files and historical documents is the foundation and critical first step for all Veteran claims.

6. Determination by the Contracting Officer that the Anticipated Cost 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 anymandatory wage rate increases, as published by the Department of Labor.

7. Any 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.

8. Actions to remove barriers that led to the exception:

The VA planned to transition these services via a competitive acquisition in October 2022. A task order was awarded toGovCIO, 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 under 36C10D24N0001 (in June 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. A second temporary task order (36C10D24N0015) was awarded November 9, 2023 to maintain the services while the agency was undertaking corrective action based on the second protest and expires June 12, 2024.

This short term task order is required to maintain critical services through the protest period and potential transition period.

9. Technical Requirements Certification:

I certify that the supporting data under my cognizance, which are included in this justification, are accurate and complete to the best of my knowledge and belief.

Rosa Macneil Date Senior Program Analyst

10. 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 Date Contracting Officer

Higher Level Approvals (required for actions over $750K):

b. Designated Contracting Activity Advocate for Competition or Head of Contracting Activity (HCA) (over $750K to $15M): I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and approve.

Alyssa M. Dark, Director Date

Advocate for Competition for the VBA

c. Head of Contracting Activity (over $15M 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 B. Hunter, SES Date Head of Contracting Activity for the VBA

Acquisition Directorate

May 09, 2024

June 3, 2024

ROSA MACNEIL

Digitally signed by ROSA

MACNEIL

Date: 2024.05.09 13:39:48 -05'00'

STACIA

FAULHABER

Digitally signed by STACIA

FAULHABER

Date: 2024.06.03 15:02:39 -07'00'