JA-AINS eFOIAXpress Approved_Redacted.pdf

AINS eFOIAXpress VA-26-00072731

LIMITED-SOURCES JUSTIFICATION

1. Contracting Activity: Department of Veterans Affairs (VA) Office of Procurement, Acquisition, and Logistics Technology Acquisition Center 23 Christopher Way Eatontown, New Jersey 07724

2. Description of Action: The proposed sole source action is for a firm-fixed price (FFP) order for Electronic Freedom of Information Act (eFOIA) software and associated maintenance support to ensure continuity of operations for federally mandated Freedom of Information Act (FOIA) services. This effort is being conducted under the authority of the Multiple Award Schedule Program; the proposed effort will be awarded under the General Services Administration (GSA)

AINS, LLC).

3. Description of the Supplies or Services: The Department of Veterans Affairs (VA), Office of Information and Technology (OIT), Compliance, Risk and Remediation has a requirement for 700 licenses of brand name AINS FOIAXpress software and associated maintenance support to provide continued support of the eFOIA System. This sole source order is required as the Agency consolidates multiple actions together into one enterprise-level contract in support of the Agency’s broader eFOIA requirements.

The requirements of the FOIA, 5 U.S.C. § 552 as amended By Public Law No. 110-175, 121 Stat. 2524 states that any person has a right of access to Federal agency records, except to the extent that such records are protected from release by a FOIA exemption or a special law enforcement record exclusion. Executive Order (EO) 13392 and the Openness Promotes Effectiveness in our National Government Act, which amended FOIA, requires VA to provide more customer-oriented service by improving the management and administration of its own FOIA program. VA’s web-based eFOIA system was created in response to these laws and directives. The Veterans Health Administration (VHA) currently uses AINS FOIAXpress software to process its FOIA requests. This software redacts sensitive and personal information from audio, video, and documents so that it can be released in accordance with United States Laws and VA Directives. Without this software, responding to FOIA requests would be a labor-intensive manual process. Each document and media file would have to have all sensitive information manually redacted. The maintenance support associated with this procurement involves software updates, responding to system outages, training, and help desk support. Software automating FOIA requests is critical to VA’s mission and obligations under United States Law.

On August 6, 2025, contract number 47QSMA18D08PU, Delivery Order 36C10B25F0194, was awarded for eFOIA Software-as-a-Service (SaaS) Solution. The award was made by the Technology Acquisition Center using competitive procedures with a performance start date of August 6, 2025. An unsuccessful offeror filed a Government Accountability Office (GAO) protest challenging the eFOIA SaaS Solution Delivery Order award, on August 19, 2025, resulting in the stay of contract performance of that award pursuant to 31.U.S.C. & 3553 (d)(3)(A)(ii). On November 26, 2025, the Agency reached the decision to take corrective action to include terminating the awarded contract and take steps to recompete the requirement. As a result, VA faced a gap in service for this critical support. As such, a modification to extend the eFOIA Software Delivery Order 36C10B22F0119 under National Aeronautics and Space Administration (NASA) Solutions for Enterprise-Wide Procurement (SEWP) Contract Number NNG15SD26B was issued to ensure the continuation of support throughout the process to recompete the requirement.

Under the current extension of Contract Number NNG15SD26B, Delivery Order 36C10B22F0119, AINS, LLC serves as the Original Software Developer (OSD) and subcontractor to NASA SEWP Prime Contract Thundercat Technology (Thundercat). The current performance runs through June 30, 2026. Thundercat has declined any further extensions under its contract beyond June 30, 2026. As such, the Government’s intent is to seek a sole source contract with AINS, LLC who can provide the required eFOIA Software and associated maintenance support to ensure continuity of operations for federally mandated Freedom of Information Act (FOIA) services until a new competitive award can be made. Any gap in support would negatively impact VA’s FOIA mission compliance with statutory FOIA deadlines and increase exposure to legal liability and litigation, creating unnecessary risk and cost.

The proposed period of performance is July 1, 2026, through June 30, 2027, with one four-month optional task for seven licenses to provide coverage for mandated end of fiscal year reporting requirements, transition tasks, and to ensure the continuation of support in eFOIA services.

4. Statutory Authority: This acquisition is conducted under the authority of the Multiple- Award Schedule Program. The specific authority providing for a limited source award is Federal Acquisition Regulation (FAR) Overhaul VA Deviation 8.401(b) and General Services Administration Manual/Regulation (GSAM/R 538.7104-3(b)(ii)), “Only one source is capable of providing the supplies or services at the level of quality required because the supplies or services are unique or highly specialize.”

5. Rationale Supporting Use of Authority Cited Above: The proposed source for this action is AINS, LLC (dba OPEXUS), 1101 17th Street NW, 12th FL, Washington, DC, 20036. Based on market research, which can be found in Section 8 of this document, it was determined that AINS, LLC is the only responsible source capable of meeting VA’s eFOIA Software requirements. As the OSD of eFOIAXpress software and associated maintenance support, as well as the current subcontractor to Thundercat, there will be no disruption of the current software or associated maintenance support that is currently operational for federally mandated FOIA services. Any gap in support would negatively impact VA’s FOIA mission compliance with statutory FOIA deadlines and increase exposure to legal liability and litigation, creating unnecessary risk and cost. No other source can provide the aforementioned support and continuity of services required as there is not another existing eFOIA solution that can be deployed and implemented within the next 30 days. This extension will provide for the timely continuance of this critically needed support ensuring continued functionality while the necessary steps are taken to recompete the requirement at an enterprise level.

AINS, LLC is the only source capable of providing the continuation of services required as they have staff in place and are currently providing the services. From a functional, technical, and administrative perspective, the ramp up time required to incorporate another contractor under a separate Contract/Delivery order to perform the requirements is estimated to take up to 12-months to complete the transition, onboarding activities, and necessary security requirements to include Authority to Operate (ATO), and Federal Risk and Authorization Management Program (FedRAMP) compliance before the new solution can go-live. These additional delays would severely disrupt the existing eFOIA Software services which have been mandated by the EO and the FOIA Improvement Act of 2016 and would introduce significant added financial costs and technical risks.

In summary, no other source can perform this requirement in the timeframe required to prevent a gap in services. This contract is essential to allow continuation of eFOIA Software services through the time necessary to allow for a recompete and award of a new contract, as well as any potential transition tasks.

6. Efforts to Obtain Competition: Market research was conducted, details of which are in the market research section of this document. This effort did not yield any additional sources that can meet the Government’s requirements. There is no competition anticipated for this acquisition. In accordance with GSAM/R 538.7104-3(b)(3)(i), the justification will be made publicly available on the Contracting Opportunities Page within 14 days of award.

7. Actions to Increase Competition: As a result of the change in acquisition strategy, a new requirement enterprise-level requirement will be awarded on a competitive basis.

8. Market Research: Based on the 2025 competition for these requirements, there are multiple vendors in the marketplace capable of performing these requirements.

However, given the current Delivery Order that supports these federally mandated requirements ends on June 30, 2026, and the Agency’s decision in May 2026 to pursue a one enterprise-level contract instead of multiple actions in support of the Agency’s eFOIA requirements, the instant requirement can only be provided by the OSD, AINS, LLC (dba OPEXUS), under its GSA

. Additionally, the current Delivery Order Prime, Thundercat, has declined any further extensions related to these requirements. A new requirements solicitation to compete these requirements along with other Agency FOIA requirements will be issued and awarded in Fiscal Year 2027.

Therefore, the OSD, who is also the incumbent sub-contractor, AINS, LLC, is the only source capable of continuing operations for this critical software and associated maintenance support. Additionally, use of any alternative software would also expose VA to risk of data loss and corruption.

9. Other Facts: None.

10. 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.

Date Information Technology Specialist

11. Best Value Determination

I hereby determine that the proposed contract action will represent the best value to the Government consistent with RFO 8.305 and that the anticipated prices on for this contract action will be fair and reasonable. GSA has already determined that the prices on the MAS contract are fair and reasonable. Additionally, price discounts will be sought.

Contracting Officer

12. Contracting Officer Certification

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

Contracting Officer

Advocate for Competition Approval

In my role as procuring activity Advocate for Competition, based on the foregoing justification, I hereby approve the acquisition of brand name AINS eFOIAXpress software and associated maintenance support on an other than fair opportunity basis pursuant to the authority cited in Section 4 above, subject to availability of funds, and provided that the property and services herein described have otherwise been authorized for acquisition.

Advocate for Competition Technology Acquisition Center Office of Procurement, Acquisition, and Logistics Department of Veterans Affairs