Justification and Determination and Finding 72038620C00001.pdf

JUSTIFICATION AND APPROVAL (J&A)

TO: Eric Strong, Contracting Officer, USAID India

CC: Deborah Broderick, Agency Competition Advocate

FROM: Arvind Kumar Pandian, Health Office, USAID India

DATE: July 2, 2020

RE: New award on COVID Action Collaborative to Catalyst Management Services

SUBJECT: Justification for Other than Full and Open Competition under the Expedited

Procedures Package (EPP) for Responding to Outbreaks of Contagious Infectious Diseases

We request approval of this justification for use of other than full and open competition pursuant to the authorities granted under the EPP for Responding to Outbreaks of Contagious Infectious Diseases (the “Expedited Procedures Package”) that was approved on March 24, 2020. Your approval of this J&A constitutes approval for the justification for other than full and open competition, as required by Tab 1 (Determination and Findings (D&F) Authorization for the Use of Other than Full-and-Open Competition in the Award or Modification of Contracts) of the

EPP.

a. Nature and/or description of the action being approved.

A new contract to Catalyst Management Services (CMS) Private Limited to procure health-related services from its existing COVID Action Collaborative (CAC) platform, to mitigate impact on vulnerable communities and prevent further transmission of COVID-19, as well as provide direct support to those currently infected.

b. A description of the supplies or services required to meet USAID’s needs (including the estimated value).

The $3 million supplemental funding for COVID-19 will be used to procure CMS’s services to scale-up health related solutions to benefit around 10 million vulnerable people across the country. The value of the contract is estimated to be at or near the full amount of supplemental funding. The health care services will include community surveillance, quarantine, testing, isolation facilities, infection prevention control, risk communication, community case management, rapid response, procurement and supply chain management. The contractor’s collaborative offers a platform to engage with a wide variety of stakeholders including government and civil society groups, to provide comprehensive solutions to the COVID-19 pandemic.

USAID will strengthen its private sector engagement by bringing in more corporate and other private entities into the collaborative. Besides mobilizing additional resources for vulnerable communities through the collaborative, USAID intends to strengthen the health component of risk communication, community engagement, transportation of lab specimens, infection prevention control, surveillance, rapid response, improving case management, procurement and supply chain management.

The contract will use CMS’s existing COVID Action Collaborative (CAC) platform to mobilize private sector, philanthropic and foundation partners, media outlets, social influencers, community organizations, thought leaders, and learning platforms to reach vulnerable communities impacted by COVID-19. The CAC will act as an aggregator platform to crowd in additional funding for pioneering local organizations and women’s self-help groups that are at the forefront in addressing the healthcare and related needs of most-at-risk populations during the pandemic. Through this contract, the contractor will build on CAC’s existing platform to expand its reach to vulnerable communities and transfer promising COVID prevention, diagnosis, care and management solutions across states; and address bottlenecks in procurement and supply chain management, stemming from the prolonged lockdown.

c. Identification of statutory authority permitting other than full and open competition.

AIDAR 706.302-70(b)(3) and 40 U.S.C. §113; See the “Expedited Procedures Package for Responding to Outbreaks of Contagious Infectious Diseases” approved March 24, 2020. The D&F is attached to this file in Tab 1. The EPP can only be used for an Infectious Disease Outbreak, as defined in paragraph 2 of the D&F (Tab 1). The COVID-19 outbreak was declared a Public Health Emergency of International Concern by the World Health Organization (WHO) on January 30, 2020 and therefore the class D&F applies to COVID-19 emergency response activities.

d. A discussion of the proposed contractor’s unique qualifications or the nature of the acquisition that requires use of the authority cited.

In response to the COVID-19 pandemic in India, which inordinately impacted marginalized and vulnerable groups, the Catalyst Group of Institutions formed a collaborative to mobilize resources and ensure need-based and comprehensive services to these communities. The COVID Action Collaborative managed by Catalyst Management Services through a Secretariat has provided a wide variety of need-based services to more than 2 million people through 250+ collaborative members. While there are several collaboratives which have been formed to respond to the pandemic, they are limited in terms of their geographic reach or focused on a single issue or do not have on-the-ground presence. CAC is the only collaborative that has managed to provide and facilitate immediate responses and long-term services to a large number of vulnerable communities through member organizations in a relatively short period of time. It has enabled exchange of knowledge, volunteer support, and personal protection equipment (PPEs) among partners in these geographies.

The CAC has also been in the forefront of innovation in the COVID-19 response by pioneering approaches in community testing, sewage testing, telecare, etc. These have reached fairly significant points of inflection and with USAID investments can be further scaled. To do this, USAID will pay for the technical services of the core secretariat to continue to innovate more solutions, tools, and approaches for solving this complex problem.

e. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable.

The COVID Action Collaborative is one of its kind in India, aggregating and mobilizing resources for the vulnerable communities through a network of organizations and experts to guide their services. It has demonstrated its effectiveness by reaching out to 2 million people through 250+ organizations, in a short span of time. Given the urgency with which we need to respond to COVID-19, and reach out to the most marginalized groups in the most remote areas of the country, it was not feasible to find another contractor who is familiar with the breadth and scope of work. It was therefore not practical to solicit other sources for this activity.

f. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The anticipated cost will be based on negotiations between USAID and the potential contractor.

While contract type is subject to negotiation, USAID/India will work to reach agreement on a fixed-price contract that will limit the U.S. government’s financial risk to the agreed-upon price at the outset of the contractual agreement. As this is proposed to be sole source, budget negotiations will be based on cost and price data certified by the potential contractor as accurate.

The price negotiations will use various tools at the government’s disposal to establish a fair and reasonable price, including an Independent Government Cost Estimate, review of proposed prices against recent prices for similar items or services, cost realism analysis, and USAID’s knowledge of the local market.

g. A description of the market research conducted (see FAR Part 10) and the results or a statement of the reason(s) market research was not conducted.

Given the urgency of the requirement in response to the COVID-19 crisis and the need to reach the vulnerable groups in the remotest areas, and USAID/India’s knowledge of the market, the identified partner is best placed to achieve those goals. USAID/India is familiar with CMS’s capabilities as it is a subcontractor under a current award focused on the Health sector in India.

CMS has developed a large network of collaborators that will allow for rapid expansion of innovative approaches to mitigating the impacts of COVID-19 in India in accordance with USAID/India’s requirement.

h. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

Publication of a notice is not required per the determination at AIDAR §705.202(b) and no sources submitted a written expression of interest in this acquisition.

i. A statement of the actions, if any, USAID may take to remove or overcome any barriers to competition before any subsequent acquisition of the supplies or services required.

In this urgent response to the COVID-19 outbreak USAID will intensify efforts to build the technical and institutional capacity of local organizations to participate in key activities, as it is anticipated that strengthening their capacity will expand the pool of potential offerors for future procurements and enable wider competition among local organizations.

RECOMMENDATION

It is recommended that you approve this justification for use of other than full and open competition pursuant to the “Expedited Procedures Package for Responding to Outbreaks of Contagious Infectious Diseases”, approved on March 24, 2020. Your approval of this J&A constitutes the justification for other than full and open competition as required by Tab 1 (D&F for the Authorization of Less than Full and Open Competitive Procedures in the Modification or Award of Contracts) of the EPP.

Ecl. Tab 1- EPP D&F for the Authorization of Less than Full and Open Competitive Procedures in the Modification or Award of Contracts.

CERTIFICATION:

The requirement for technical certification at FAR 6.303-1(c) is fulfilled through:

a. The signature of the Technical Officer below certifying the specific supporting data for this J&A; and

b. The D&F Authorization for the Use of Other than Full-and-Open Competition in the Award or Modification of Contracts under the Expedited Procedures Package for Responding to Outbreaks of Contagious Infectious Diseases” approved on March 24, 2020. (attached in Tab 1).

The Contracting Officer is the Approving Official based on the authority given under the EPP.

However, a separate Contracting Officer certification is not required per AIDAR 706.302- 70(c)(1).

Technical Officer:

I hereby certify that the supporting data which form a basis for the justification are complete and accurate to the best of my knowledge and belief.

Arvind Kumar Pandian Date Technical Officer

APPROVAL:

Eric Strong Date:

Contracting Officer

CLEARANCE:

Diana Weed Date:

Resident Legal Officer (RLO)

Arvind Kumar Digitally signed by Arvind Kumar Date: 2020.07.02 18:10:03 +05'30'

Eric Reed Strong (affiliate)

Digitally signed by Eric Reed Strong (affiliate) Date: 2020.07.02 18:23:27 +05'30'

Diana M Weed (affiliate)

Digitally signed by Diana M Weed (affiliate) Date: 2020.07.02 20:07:13 +05'30'

Tab 1