AID-514-TO-15-00015 (16) - J_A Signed 04212020.pdf

JUSTIFICATION AND APPROVAL (J&A)

TO: R. Clark Pearson, Supervisory Contracting Officer

CC: Deborah Broderick, Agency Competition Advocate

FROM: Lucy Malo, Contracting Officer Representative

DATE: April 15, 2020

RE: Regional Governance Activity (Task Order No. AID-OAA-I-13-

00042-00/AID-514-TO-15-00015) Time and Cost Extension

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 under the EPP for Responding to Outbreaks of Contagious Infectious Diseases (the “Expedited Procedures Package”), 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 (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.

This is a request to approve a modification to the reference Task Order (TO) to provide services to increase municipal preparedness for COVID-19 prevention, containment, and recovery, using other than full and open competition. This modification requires increasing the TO Total Estimated Cost (TEC) by $10,000,000 (from $53,226,742 to $63,226,742) and extending the period of performance by one year (from June 21, 2020 to June 21, 2021, for a total of six years since June 22, 2015). A J&A, rather than a Justification for Exception to Fair Opportunity, is required to overcome the five-year limitation on task orders under FAR 16.505(c)(1), and approval of this J&A covers approval of the TEC increase, the period of performance extension, and extension past the five-year limitation on task orders.

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

The Regional Governance Activity (RGA) will provide services to increase municipal preparedness for COVID-19 prevention, containment, and recovery. RGA currently strengthens local government and civil society to improve public service delivery and mitigate potential conflict in Venezuelan migrant receptor municipalities. Among other activities, RGA increases migrant access to health services by educating local authorities on services to which registered and unregistered migrants are entitled, helping local authorities document and justify requests for

J&A for COVID-19 noncompetitive actions under the EPP for Responding to Outbreaks of Contagious Infectious Diseases - AID-514-TO-15-00015 - Regional Governance Activity increased health resources from the national government, and improving local systems to better respond to health needs. Since the COVID-19 crisis began, RGA has been supporting the local government response, which reinforces the national COVID-19 response in geographic areas prioritized by both USAID and the Government of Colombia.

RGA will increase coordination between all three levels of government (national, departmental, and municipal) to support an effective and efficient COVID-19 response in targeted municipalities. RGA will assist departmental and municipal authorities to understand and apply relevant national COVID-19 policies, incorporate the COVID-19 response into development plans and budgets, and improve coordination with the Ministry of Health, the Border Management Unit, and the National Risk Management Unit. RGA also will work with sub-national authorities to respond to other community needs amid the pandemic, such as assisting schools to use distance learning, implementing social programs, and supporting measures that promote local economic recovery. RGA will partner with civil society to aggregate and represent community interests, communicate key public health messages, mitigate conflict, and counter migrant xenophobia. RGA will leverage private sector investment to strengthen the COVID-19 response and other objectives in target municipalities.

RGA’s geographic focus area will continue to be: Arauca and Arauquita (Arauca); Maicao, Riohacha and Uribia (La Guajira); and Cúcuta, Los Patios, Puerto Santander, Tibú and Villa del Rosario (Norte de Santander). Should additional funds become available, beyond the initial $4,000,000 to be obligated immediately, the geography will be expanded to similar urban and peri-urban areas particularly impacted by COVID-19, to be determined jointly with USAID in the work plan.

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.

RGA is USAID’s Colombia’s flagship local governance activity. RGA already implements substantially similar activities and has strong technical knowledge and working relationships with the target partners. RGA’s team has developed unique skills and systems to strengthen local service provision and governance processes, bring national-level resources (such as mining royalties) to resource-poor municipalities, increase cross-government coordination, and strengthen the capacity of civil society organizations. RGA is highly effective in achieving and sustaining results in part because of its team’s deep understanding of the local political economy, conflict risks, and other dynamics in the target communities. RGA also has strong relationships with key interlocutors, including the mayors’ offices, governors’ offices, the Ministry of Health, the Ministry of Education, the Ministry of Finance, and the National Planning Department.

Moreover, RGA has strong links with civil society in the region and in-depth knowledge of the target populations. Those qualifications make RGA uniquely capable of successfully executing this work.

In response to the influx of more than 1.6 million Venezuelans, RGA has focused work in municipalities along the Venezuelan border, where migrants have placed an increased burden on public services and local government capacity and resources are noticeably lacking. RGA has prioritized health, education, and security services to respond to the most pressing migrant needs.

RGA also addresses drivers of conflict, particularly stigmatization and xenophobia, to increase social cohesion and stability in target municipalities. As COVID-19 became a greater priority in target municipalities, RGA partnered with local authorities and civil society to strengthen the effectiveness and timeliness of the COVID-19 response.

RGA’s target municipalities overlap with the geographic region prioritized by USAID and the Government of Colombia for the COVID-19 response, largely because of the large number of migrants there. Many Venezuelans already seek health care in Colombia because of limited service availability and quality in Venezuela. It is also widely acknowledged that the Venezuelan health system will not be able to manage COVID-19 effectively and is already under-reporting cases. Colombia has closed the border, yet migrants continue to use illegal means to cross, further increasing their vulnerability to human rights violations and coming in undetected by Colombian authorities. Receptor communities must be ready to continue to receive and respond to migrants, especially those who may carry COVID-19. Furthermore, new and revised social programs associated with the COVID-19 response are placing additional burden on local government systems and resources. Should RGA withdraw support amid this unprecedented worldwide pandemic, these disproportionately affected municipalities would face tremendous challenges. RGA is uniquely well qualified to respond to these new challenges in its target municipalities.

According to the Procurement Advance Lead Times (PALT), contracting a new mechanism using full and open competition would take 268 days. By comparison, a TEC increase only takes 91 days, and USAID/Colombia hopes that the EPP will further expedite that process given the urgency of the COVID-19 response and RGA’s pending close out. Beyond the time required to contract a new mechanism, it would take additional time for a new implementing partner to develop the relationships and knowledge needed to execute the proposed activities effectively, particularly given the ongoing quarantine that affects mobility. In that time, COVID-19 could have spread exponentially in RGA’s target geography, causing USAID/Colombia to miss its narrow window of opportunity to help contain the pandemic.

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

USAID openly competed the Programming Effectively Against Conflict and Extremism (PEACE) Indefinite Delivery Indefinite Quantity (IDIQ) Contract. USAID/Colombia issued a Request for Task Order Proposals for all IDIQ holders to bid. This modification would increase the TEC and period of performance for that previously competed mechanism.

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

The Independent Government Cost Estimate (IGCE), along with experience with costs from previous work performed under this task order and other current USAID/Colombia activities, confirm that the anticipated costs for the activities described herein are fair and reasonable. The IGCE is based on costs already approved by USAID as well as current costs of implementation, considered to be fair and reasonable to achieve the desired results.

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.

Market research was not conducted. Given the urgency of this work to respond to the COVID-19 crisis, it is not feasible to select another contractor who is familiar with the breadth and scope of the work to be undertaken and has the knowledge and relationships needed for success. The process to procure and start up a new project at this point would delay the urgently needed COVID-19 response and have an adverse effect on USAID/Colombia programming and priorities.

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.

The Agency will use full and open competition for all future activities that do not have the same level of urgency as those described herein.

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.

https://drive.google.com/open?id=1qQpc0ChiBRKtxBQeHq4ARMErnPw1Z_iu https://drive.google.com/open?id=1qQpc0ChiBRKtxBQeHq4ARMErnPw1Z_iu

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.

Luisa Guzman - cleared electronically April 8, 2002 Technical Officer Date

APPROVAL:

04/21/2020________ Supervisory Contracting Officer Date:

CLEARANCE:

_______Katie Johnson___________ __17 April 2020___ RLO or GC/A&A Date: