Justification for an Exception to Fair Opportunity FAR Part 16.5 Redacted

CUI
Control Number: FY26-0974

Justification for an Exception to Fair Opportunity
Revolutionary Federal Acquisition Regulation (FAR) Overhaul (RFO) Part 16.507-6 Identification of the Agency and Contracting Activity: This Justification and Approval (J&A) is prepared by the Defense Health Agency (DHA), DHA Contracting Activity (DHACA), Healthcare Contracting Division–South (HCD-S). The requiring activity is the Healthcare Optimization (HCO) Branch within the DHA Health Care Operations Directorate. HCO is acquiring urgent and essential referral management services for 4 Air Force Military Treatment Facilities (MTFs) located throughout the continental United States (CONUS) Alaska
Nature and/or Description of Action being Approved: A new bridge firm-fixed-price task order is required under the Defense Health Agency Medical Q-Coded Services Support–Next Generation (MQS2-NG) multiple-award contract for small business concerns. The bridge task order will ensure the uninterrupted provision of essential Referral Management Services while a bid protest concerning the underlying task order is pending before the Government Accountability Office (GAO).
Pursuant to the Competition in Contracting Act, 31 U.S.C. § 3553(d), and FAR 33.104(c), performance of the protested task order must be suspended during the pendency of the protest. Specifically, 31 U.S.C. § 3553(d)(3)(A)(ii) and FAR 33.104(c)(1) require the contractor to immediately suspend performance and any related activities that could result in additional obligations being incurred by the United States under the protested task order. Any interruption in Referral Management Services would create an immediate and unacceptable risk to patient care and healthcare operations. These services support the coordination of care for more than 9 million beneficiaries across 4 Air Force MTFs located throughout CONUS Alaska Even a brief lapse in service could impair referral processing, disrupt continuity of care, delay access to medically necessary services, and adversely affect critical clinical and administrative functions across the affected MTFs.
Accordingly, immediate interim coverage is necessary to prevent irreparable harm to ongoing operations, continuity of care, and mission-essential healthcare functions.

Controlled by: Defense Health Agency (DHA)
Controlled by: USAMRAA
CUI Category(ies): Source Selection
Limited Dissemination Control: (FEDCON)
POC: (Corey A. Black, Contracting Officer)

CUI
(Source Selection Information - See FAR 2.101 and 3.104-4)