J and A Other than Full and Open.pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (FAR 6.103 Over SAT)

1. Contracting Activity:

VA Office of Acquisition and Logistics, Procurement Operations, VBA

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

Out of scope modification of 36C10E19D0016 36C10D23N0026.

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

The purpose of the requested modification is to support the significantly increased workload associated with processing Privacy Act Requests (PAR) following passage of the Promise to Address in the number of Veterans requesting copies of their records to substantiate new or expanded benefits claims made possible under the legislation. Veterans also make a high volume of PARs to support their appeal applications. The estimated cost of this modification is , with an optional task estimated at an additional $14,925,000.00 modification will:

Enhance existing workflows to increase automated PAR processing and eliminate the current backlog

Scale the vendor solution to support additional increased volumes Maintain the existing solution and continue to provide support for the vendor-managed service

4. Statutory Authority Permitting Other than Full and Open Competition:

( ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per 41 USC §3304(a)(1) as implemented by FAR 6.103-1

(X) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR 6.103-2 ( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by FAR 6.103-3 ( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6.103-4 ( ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR 6.103-5 ( ) (6) National Security per 41 USC §3304(a)(6) as implemented by FAR 6.103-6 103-

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

OMS requires an increase in the total value of the existing task order due to an unanticipated and demand due to the passage of the PACT Act has created mission-critical workload pressures that cannot be absorbed under the current ceiling, and a logical follow-on award cannot be pursued because the incumbent IDIQ contract has expired. Thus, to ensure uninterrupted services and prevent significant operational delays, an urgent and compelling modification to the incumbent task order is necessary. Without such a modification, the Government would be unable to meet its statutory obligation to process veterans’ record requests in a timely manner. The incumbent contractor already possesses the required infrastructure, trained personnel, and operational familiarity needed to continue performance without disruption. Transitioning to a new contractor at this juncture would result in substantial delays, duplicative costs, and a degradation of service continuity that would not be in the Government’s best interest.

Neither the Government nor the contractor could have reasonably anticipated a workload increase of this magnitude at the time of award. The 4 forecast models, and established program baselines. Because of the unforeseeable nature of this surge and the need for immediate continuity, processing this requirement under Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR 6.103-2 is both appropriate and essential to meeting mission requirements. Accordingly, use of this exception to the fair opportunity process is justified.

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

The Veterans Benefits Administration is statutorily obligated to process veterans’ record requests in a timely manner. Thus, there is a urgent and compelling need for the proposed modification to be awarded immediately to the incumbent contractor which has the capacity and experience necessary to respond immediately to reduce the growing backlog of veterans’ record requests and ensure veterans’ requests are responded to in a timely manner. Therefore, it is not practicable to solicit multiple sources for a quote to provide these services. Only the incumbent contractor possesses the labor and expertise to be able to immediately scale up their operations and deliver the required additional Privacy Act services.

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

The Contracting Officer reviewed the benchmark submitted by the Program Office and determined it is an identical requirement which was competed among multiple vendors for which multiple quotes were received. Since the proposed modification aligns with the benchmarked requirement, which was adequately competed, the proposed modification's anticipated cost is considered fair and reasonable. The final modification price will be similarly benchmarked to ensure it is fair and reasonable to the Government.

Based on the analysis conducted, I determined that the anticipated cost for this proposed modification will be fair and reasonable. I completed market research (see attached IGCE) that establishes the proposed cost is consistent with current market conditions for similar services. This research included a review of prevailing labor categories, workload-based pricing structures, and comparable service contracts within the Government.

Additionally, I reviewed and evaluated a current contract performing similar work (see attached IGCE spreadsheet), and the pricing on that contract aligns closely with the estimated cost for this action. The consistency between market research findings and comparable contract pricing provides a sound basis to conclude the anticipated cost will neither be excessive nor outside normal competitive ranges. Accordingly, the cost for this requirement will be determined to be fair and reasonable.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted:

Due to the unusual and compelling urgency of this requirement, market research was not conducted for the purpose of identifying alternative sources. As described in Section 5, the incumbent contractor possesses the existing infrastructure, trained personnel, security clearances, and operational familiarity necessary to immediately scale operations and address the growing backlog of veterans' record requests without disruption. Transitioning to a new contractor at this juncture would result in significant delays and is not consistent with the Government's obligation to process veterans' record requests in a timely manner. Accordingly, market research to identify alternative sources was neither practicable nor appropriate under these circumstances. Market research was conducted solely to confirm that the anticipated cost of this modification is consistent with current market pricing

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

N/A.

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

expressed interest on the original task order requirement.

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:

To promote full and open competition for future acquisitions, the Agency will implement improved legislative monitoring and demand forecasting to better anticipate workload surges driven by new or expanded legislation. The Agency will also initiate recompete planning well in advance of contract expiration to ensure sufficient lead time for a competitive award. Additionally, the Agency will consider structuring future contracts to include multiple award arrangements and optional surge CLINs with pre-negotiated pricing to provide the flexibility needed to respond to unanticipated increases in workload volume without requiring deviations from full and open competition.

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.

Simon Caines Date Acting Director Information Access and Privacy Directorate

13. 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.

Gregory Stevens Date Contracting Officer

SIMON

CAINES

Digitally signed by SIMON

CAINES

Date: 2026.06.10 15:32:55 -04'00'

GREGORY

STEVENS

Digitally signed by GREGORY

STEVENS

Date: 2026.06.10 15:41:16 -04'00'

6/10/26

6/10/26

b. Supervisory Contract Specialist (required for actions valued over SAT-$900K): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief and approve.

Heather Hampton Date Supervisory Contract Specialist

HIGHER LEVEL APPROVAL (required for actions over $900K):

c. Designated Contracting Activity Advocate for Competition or Head of Contracting Activity (HCA) (over $900K to $90M): 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 Date Competition Advocate and Head of Contracting Activity Veterans Benefits Administration

6/17/26

6/17/26

HEATHER

HAMPTON

Digitally signed by

HEATHER HAMPTON

Date: 2026.06.17 08:42:20 -04'00'

ALYSSA

DARK

Digitally signed by

ALYSSA DARK

Date: 2026.06.17 06:01:45 -07'00'