National Academy of Sciences comprehensive review of Veterans Health Administration (VHA) traumatic brain injury (TBI) compensation and pension exam procedures

MEMORANDUM FOR RECORD



TO: Contract File

SUBJECT: FAR 6.3 Other than Full and Open Competition-Exception from

Written Justification and Approvals



CONTRACT NO.: 36C10X18C0019



CONTRACTOR: National Academy of Sciences (NAS)

______________________________________________________________________

BACKGROUND: On December 16, 2016, The Veterans Health Care and Benefits Improvement Act of 2016, Public Law 114-315 (PL 114-315) was enacted. Section 110 (Sec 110) requires the Secretary of Veterans Affairs (Secretary) to enter into an agreement with the National Academy of Sciences (NAS) to conduct a comprehensive review of traumatic brain injury (TBI) examinations provided by the Department of Veterans Affairs (VA) to individuals that submit claims for compensation under Title 38, Chapter 11-Compensation for Service Connected Disability or Death.

https://www.congress.gov/114/plaws/publ315/PLAW-114publ315.pdf.

EXCEPTION FROM WRITTEN JUSTIFICATION AND APPROVALS: This acquisition is authorized under Federal Acquisition Regulation (FAR) Subpart 6.3-Other than Full and Open Competition, subsection 6.302-5(a)(2)(i) Authorized or required by statute. Additionally, subsection 6.302-5(c)(2)(ii) provides an exception to requirement for written justifications and approvals for contracts awarded under subsection (a)(2)(i) when the statute expressly requires that the procurement be made from a specified source. Sec 110 expressly states that the VA Secretary shall enter into an agreement with NAS to conduct a comprehensive review of VA provided TBI examination procedures, and submit report of the comprehensive review to Congress (Committees on Veterans Affairs-Senate and House of Representatives) no later than 540 days after the date of the agreement.