D03 FAR-Part6-JA PEPFAR Tanzania 24 Aug 2020 Final Signed_Redacted.pdf

Control No.

Contractor: Benjamin William Mkapa Foundation

Program: Monitoring and Management of Quality of Services at WRAIR-supported facilities through funding from the US President's Emergency Plan for AIDS Relief

(PEPFAR) in Tanzania

Version – September 2018 FOR OFFICIAL USE ONLY

JUSTIFICATION REVIEW DOCUMENT

FAR PART 6 JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

Program/Equipment: Monitoring and Management of Quality of Services at WRAIR-supported facilities through funding from the US President's Emergency Plan for AIDS Relief (PEPFAR) in Tanzania

Authority:

10 U.S.C. 2304(c)(1) as implemented by FAR Part 6.302-1 -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

Amount:

Prepared by:

Contracting Officer:

Date:

Technical:

Requirements:

Reviews: I have reviewed this justification and find it adequate to support other than full and open competition.

Program: Monitoring and Management of Quality of Services at WRAIR-supported facilities through funding from the US President's Emergency Plan for AIDS Relief

(PEPFAR) in Tanzania

Version – September 2018 FOR OFFICIAL USE ONLY

FAR Part 6 Justification and Approval for Other than Full and Open Competition

1. Contracting Activity: The Contracting Activity is the United States Army Medical Research Acquisition Activity (USAMRAA). The Requiring Activity is the Walter Reed Army Institute of Research (WRAIR).

2. Description of Action: WRAIR- Military HIV Research Program (MHRP) request a firm-fixed price contract with the Benjamin William Mkapa Foundation at Plot 557, Mwai Kibaki Road, Kawe P.O Box 76274, Dar es Salaam. The Government projects award for September 2020 and fiscal year 2020, Global Health Program (GHP), President’s Emergency Plan for AIDS Relief (PEPFAR) funds will be used.

3. Description of Supplies/Services: The purpose of this requirement is to contract an indigenous organization to assist the WRAIR-Tanzania team located at the United States Mission in Dar es Salaam with the monitoring and management of quality of services and other activities related to service delivery specified in the annual Country Operational Plan (COP) guidance and approved in the annual Tanzania COP at facilities supported by funding from the US President's Emergency Plan for AIDS Relief (PEPFAR).

Base Period: 30 September 2020 to 29 September 2021 Value:

Option Period 1: 30 September 2021 to 29 September 2022 Value:

Option Period 2: 30 September 2022 to 29 September 2023 Value:

Option Period 3: 30 September 2023 to 29 September 2024 Value:

Option Period 4: 30 September 2024 to 29 September 2025 Value:

FAR Clause 52.217-8 option: 30 September 2025 to 28 February 2026

Value;

Total: $

4. Authority Cited: 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Reason for Authority Cited:

(a) As described at FAR 6.302-1(a)(2), when the supplies or services required by the agency are available only from one responsible source, or for DoD, NASA and the Coast Guard, from only one or a limited number of responsible sources, and no other types of supplies or services will satisfy agency requirements, full and open competition need not be provided for.

The WRAIR must remain in compliance with the PEPFAR Country Operational Plan (COP) 19 and COP20 guidance on capacitating and using local partners, and the Tanzania COP19 planning level letter issued by Department of State Global AIDS Coordinator (SGAC), this contract must be awarded to an indigenous organization in Tanzania.

Definition of a Local Partner: Under PEPFAR, a “local partner” may be an individual, a sole proprietorship, or an entity. However, to be considered a local partner, the applicant must submit supporting documentation demonstrating their organization meets at least one of the three criteria listed below.

(1) An individual must be a citizen or lawfully admitted permanent resident of and have his/her principal place of business in the country served by the PEPFAR program with which the individual is or may become involved, and a sole proprietorship must be owned by such an individual; or

(2) An entity (e.g., a corporation or partnership):

a) must be incorporated or legally organized under the laws of, and have its principal place of business in, the country served by the PEPFAR program with which the entity is or may become involved;

b) must be at 75% for FY 2018 beneficially owned by individuals who are citizens or lawfully admitted permanent residents of that same country, per sub-paragraph (2)(a),;

Program: Monitoring and Management of Quality of Services at WRAIR-supported facilities through funding from the US President's Emergency Plan for AIDS Relief

(PEPFAR) in Tanzania

Version – September 2018 FOR OFFICIAL USE ONLY

c) at least 75% for FY 2018 of the entity’s staff (senior, mid-level, support) must be citizens or lawfully admitted permanent residents of that same country, per sub-paragraph (2)(a), and at least 75% for FY 2018 of the entity’s senior staff (i.e., managerial and professional personnel) must be citizens or lawfully admitted permanent residents of such country; and

d) where an entity has a Board of Directors, at least 51% of the members of the Board must also be citizens or lawfully admitted permanent residents of such country; or

(3) Partner government ministries (e.g., Ministry of Health), sub-units of government ministries, and parastatal organizations in the country served by the PEPFAR program are considered local partners. A parastatal organization is defined as a fully or partially government-owned or government-funded organization. Such enterprises may function through a board of directors, similar to private corporations. However, ultimate control over the organization rests with the government.

The Benjamin William Mkapa Foundation (BMF) is a legally registered local TRUST established in 2006 with the main objective to supplement and complement the health sector development efforts of the Government of Tanzania.

BMF has supported the WRAIR team located at The United States Mission, Dar es Salaam since 2017. The original services by BMF in support of this effort was contracted by the US mission in Dar es Salaam. The US mission in Dar es Salaam in 2019 required the effort to be transitioned to the WRAIR for execution. The BMF continued efforts was a sub-award under the Cooperative Agreement (CA) for the HIV program. The funding agency,S/GAC (Office of the Global AIDS Coordinator) requires the effort to be directly award to an indigenous organization. There is no other known indigenous organization that can perform this work in Tanzania in support of the requirements for PEPFAR.

BMF is unique in that they are an indigenous partner in Tanzania that meets the terms of this requirement, which includes the monitoring and management of quality of services and other activities related to service delivery at WRAIR/DoD-supported facilities in Tanzania. The BMF team supporting this requirement is financially supported under PEPFAR and is stationed in Mbeya and deploys professionals in the HIV/AIDS field to implement a local service contract for the Southern Highlands Regions. These activities are mandated by the funding agency, S/GAC and are specified in the COP guidance and approved in the annual Tanzania COP. The conduct of Site Improvement through Monitoring System (SIMS) by USG staff is mandated in the Memorandum of Agreement between the U.S.

Department of State Office of the U.S. Global AIDS Coordinator and the U.S. Department of Defense. The Government would be negatively impacted if this award is not made, it will hamper the WRAIR-Tanzania team’s ability to conduct these mandatory activities, which will jeopardize future funding for the WRAIR/MRDC PEPFAR program. BMF is the only known source that can meet the Governments requirement.

(b) Alternatives: The Government considered two alternatives: suspend operations or use in-house expertise. The Program Office needs the monitoring and management of quality services to be conducted and suspended operations is not a possibility. The WRAIR does not have any in-house USG technical personnel that can be placed in Mbeya to execute the services.

6. Efforts to Obtain Competition: Contracting Officer shall publish the notices required by FAR

5.201. A Request for Information (RFI) was posted on www.beta.SAM.gov on 15 July 2020.

Potential sources were given the opportunity to provide capability statements. No responses were received to the notice. Although this notice was an effort to ensure market research was conducted from as many potential sources as practicable, there was no expectation that effective competition would be the result. A Notice of Intent was posted to beta.SAM.gov on 22 July 2020 for 30 days and no responses were received.

a. Effective Competition: Because this is a sole source action, effective competition is not applicable.

b. Subcontracting Competition: There is no subcontracting possibilities with this requirement.

7. Actions to Increase Competition: No actions were taken to increase competition due to the limits of PEPFAR

Program: Monitoring and Management of Quality of Services at WRAIR-supported facilities through funding from the US President's Emergency Plan for AIDS Relief

(PEPFAR) in Tanzania

Version – September 2018 FOR OFFICIAL USE ONLY funding requirements to indigenous partners. Current market research continues to show that the Benjamin William Mkapa Foundation is the only vendor capable of meeting the unique MHRP requirements for work in Tanzania.

Competition of the requirement is not possible since the proposed contractor, Benjamin William Mkapa Foundation (BMF), is the only source that can provide management and monitoring of quality of services in support of PEPFAR in Tanzania for WRAIR-supported facilities through funding from PEPFAR.

8. Market Research: In accordance with Defense Federal Acquisition Regulation Supplement (DFARS) 205.205-71, DFARS 206.302-1(d), and DFARS Procedures, Guidance and Information (PGI) 206.302-1(d), a request for information or sources sought have been posted.

A RFI was posted on beta.SAM on 15 July 2020 for seven days no responses were received. Additionally, market research was conducted on 20 April 2020 to identify possible sources for this requirement. The market research was based on Internet searches. A web search of Federal Procurement Data System filtered by the NAICS code applicable for this requirement showed eight contract actions, seven of which were awarded to US based companies. As US based companies, these seven companies do not meet the eligibility requirements for PEPFAR funds, which require the contractor to be an Indigenous company. The one non-US based company did not have a beta.SAM record so their status could not be verified and we were unable to locate a point of contact. The requirement for an Indigenous company, which came into effect in Fiscal Year 2018, has severely limited the number of eligible sources. BMF is the only known source.

9. Interested Sources: See paragraph 6 for the synopsis information to date, no other sources have written to express an interest in this acquisition.

10. Other Facts:

a. Procurement History:

(1) Contract numbers and dates of the last several contracts for these same requirements. Not applicable.

Previously, these services were provided as a sub award to a Cooperative Agreement, W81XWH-18-2-0040. This is the first contract for these services.

(2) The competitive status of these actions. Not applicable.

(3) Authority previously cited if less than full and open competition was used. Not applicable.

(4) If a justification was prepared to support the procurement made before this one, a summary of the contents of paragraph 7 of the justification for that procurement and an explanation of the results. Not applicable.

(5) If any prior contract for this requirement was accomplished using full and open competition, include a detailed explanation of the changed circumstances causing this action to now limit the sources. Not applicable.

(6) An explanation of any unusual patterns that may be revealed by the history, e.g., several consecutive, urgent buys. Not applicable.

(7) If a justification was prepared to support the procurement made before this one, briefly describe the circumstances justifying the procurement and whether there have been any significant changes. Not applicable.

Program: Monitoring and Management of Quality of Services at WRAIR-supported facilities through funding from the US President's Emergency Plan for AIDS Relief

(PEPFAR) in Tanzania

Version – September 2018 FOR OFFICIAL USE ONLY

11. Technical Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Typed Name:

12. Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Title:

Program: Monitoring and Management of Quality of Services at WRAIR-supported facilities through funding from the US President's Emergency Plan for AIDS Relief

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable.

This determination will be made using the following: cost analysis price analysis should cost IGCE audit: other:

As a part of this basis, certified cost or pricing data:

will be required will not be required and the following exception applies (FAR 15.403):

Prices that will be agreed upon are based on adequate price competition.

Prices that will be agreed upon are based on prices set by law or regulation.

A commercial item is being acquired.

A waiver has been granted by the head of the contracting activity (HCA) in accordance with DFARS PGI 215.403-1.

The contract action is a modification to a contract or subcontract for commercial item(s).

The estimated cost of the contract action is less than the threshold for certified cost or pricingdata.

14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Program: Monitoring and Management of Quality of Services at WRAIR-supported facilities through funding from the US President's Emergency Plan for AIDS Relief

Approval Based on the foregoing justification, I hereby approve the procurement of monitoring and management of quality of services for the estimated amount of on an other than full and open competition basis pursuant to the authority of 10 U.S.C.2304(c)(1), as implemented by FAR 6.302-1, only one responsible source and no other supplies or services will satisfy agency requirements, subject to availability of funds, and provided that the services or property herein described have otherwise been authorized for acquisition.