EXECUTED JA_ Mod 5_72069521C00001_SIMS_ CERPED.pdf

JUSTIFICATION AND APPROVAL (J&A)

TO: Katie Larson, Contracting Officer (CO), Deputy Director, Office of Acquisition and Assistance, USAID/Rwanda and USAID/Burundi

FROM: Apollinaire Kavungerwa, Contracting Officer’s Representative (COR)/Health Office

CC: Agency Competition Advocate, at justificationsanda@usaid.gov and HIVEPP@usaid.gov

DATE: October 20, 2023

RE: 72069521C00001, SIMS Site Assessment

SUBJECT: Justification for Other than Full and Open Competition under the Expedited Procedures Package (EPP) for the Prevention, Care, and Treatment of HIV/AIDS to modify Firm-Fixed Price (FFP) Contract No. 72069521C00001

Approval is requested for the justification for use of other than full and open competition pursuant to the authorities under the “Expedited Procurement Procedures for Prevention, Care, and Treatment of HIV/AIDS” (the HIV/AIDS Expedited Procedure Package or the HIV/AIDS EPP) approved on December 31, 2019 and valid through December 31, 2024.

Tab 1 of the HIV/AIDS EPP entitled “Authorization for Use of Other Than-Full-and-Open Competition in the Award or Modification of Contracts Funded Under the President’s Emergency Plan for AIDS Relief,” is the Determination of Findings (D&F) that outlines the Administrator’s determination that PEPFAR activities compliance with full and open competition requirements would impair foreign assistance objectives. Your approval of this J&A constitutes the justification required by ADS 302 to exercise the authority outlined in the D&F.

a) Nature and/or description of the action being approved. FAR 6.303-2(b)(2)

This is a request to approve a non-competitive extension of the period of performance and increase to the total estimated cost (TEC) for the Site Improvement through Monitoring System (SIMS) contract, as described in more detail below. The SIMS activity will provide a standardized approach and set of tools to monitor program quality in compliance with PEPFAR Minimum program requirements (MPRs) at PEPFAR-supported sites, using assessment results and data analysis, to identify gaps in the provision of quality services and identification of actionable remediation activities to facilitate programmatic improvement.

PEPFAR invests billions of dollars annually in programs to prevent and treat HIV infection in priority countries. To optimize these investments and ensure accountability among PEPFAR implementing mechanisms, PEPFAR requires all countries receiving PEPFAR funds to implement the Site Improvement Through Monitoring System (SIMS) and control the quality of data. SIMS is a quality assessment and mailto:justificationsanda@usaid.gov

Justification and Approval (J&A) SIMS third party Contractor/CERPED quality improvement framework for HIV services funded through PEPFAR by assessing individual sites where programs are implemented.

USAID/Burundi received varying budget levels for the last four Country Operational Plans (COP)19-22, respectively $19,400,000, $24,454,586, $31,499,328, and $25,650,000. The PEPFAR COP23 two-year notional budget for Burundi is $50,492,500 total (i.e., Year 1 is $26,125,000 and Year 2 is $24,367,500).

Consequently, PEPFAR Program regularly adapted the budget for all mechanisms including SIMS activity. OGAC/PEPFAR allocated $73,081 to SIMS activity in COP19 (FY20), $200,000 in COP20 (FY21), $400,000 in COP21 (FY22), and $300,000 in COP22 (FY23). For COP23 approved in May 2023, SIMS allocation is $100,000 for FY24 and $225,000 for FY25.

The SIMS contract is a Firm-Fixed Price (FFP) contract of one base year and two option years with a cumulative period of performance of April 2, 2021 through April 1, 2024. The base year, budgeted for $198,820, commenced on April 2, 2021 and ended on April 1, 2022. The option year one was exercised and commenced on April 2, 2022 and ran through April 1, 2023 with a budget level of $246,971. The option year 2 was also exercised and will run through April 1, 2024 with a budget level of $436,845.

If a decision is made to extend the contract for 18 months, the extension period will commence on April 2, 2024 and end through September 30, 2025, with a budget level of $100,000 (anticipated to be spent from April 2, 2024 through September 30, 2024) and $225,000 (anticipated to be spent from October 1, 2024 through September, 30, 2025).

USAID/Burundi Health Office (HO) therefore requests the Burundi Office of Acquisition and Assistance to modify the current SIMS contract to increase the TEC by $325,000, from $882,636 to $1,207,636, and extend the period of performance by 18 months from April 2, 2024 to September 30, 2025, to have the contractor conduct the same SIMS, Data Quality Check (DQC) and Data Quality Management (DQM) for key indicators.

b) A description of the supplies or services required to meet USAID’s needs (including the estimated value). FAR 6.303-2(b)(3)

The SIMS quality assessment and improvement framework is a standardized set of tools to collect data on quality of clinical services, community-based services, and health systems strengthening interventions.

The SIMS Assessment evaluates programmatic operations and management of activities serving targeted populations in order to determine the quality of HIV services delivered by implementing partners, to identify areas of strong and weak performance, and to provide programmatic data for decision-making.

PEPFAR Burundi’s sites and analysis means that implementing partners are scaling up prevention and care strategies in new sites and with new populations. The targeted SIMS sites and the high-quality reports that come from the visits are crucial contributions that ensure progress review on key standards at the site level. They also support site teams to identify and address barriers and facilitators to provide quality services, especially related to patient experience and provision of client-centered services.

A Data Quality Assessment conducted by PEPFAR IPs showed data reporting inconsistencies for some indicators and recommendations were made during FY 21-23. To implement those recommendations, SIMS site visits will contribute to collect detailed data on the section related to data reporting consistency and a new Appendix will be introduced and submitted by the SIMS Third Party contractor for key indicators: HTS_TST_POS, TX_CURR, PVLS (N/D), PMTCT_ART, IPT, EID.

The anticipated increase in the TEC for this award is of $325,000 as per the estimated Independent Government Cost Estimate (IGCE). The contract period of performance will be extended from April 2, 2024 to September 30, 2025.

In summary, throughout the extension period, the contractor will be performing “more of the same” work originally contracted for and in accordance with ADS 302.3.4.5 these changes “reasonably could have been anticipated”. The COR also confirms, as documented in CPARS, that the contractor has satisfactory performance.

c) Identification of statutory authority permitting other than full and open competition. FAR 6.303-2(b)(4)

AIDAR 706.302-70(b)(3) and FAR 6.303-2 allow for USAID to limit competition when compliance with full and open competition procedures would impair foreign assistance objectives. More specifically, AIDAR 706.302-70(b)(3)(ii) states that full and open competition is not required for “Awards for countries, regions, projects, or programs for which the Administrator of USAID makes a formal written determination, with supporting findings [D&F], that compliance with full and open competition procedures would impair foreign assistance objectives, and would be inconsistent with the fulfillment of the foreign assistance program.” The “Expedited Procedures for the Prevention, Care, and Treatment of HIV/AIDS” (the HIV/AIDS Expedited Procedure Package or the HIV/AIDS EPP) was approved on December 31, 2019 and is valid through December 31, 2024. The EPP includes a D&F by the USAID Administrator that authorizes the use of other than full and open competition when issuing HIV contracts funded under PEPFAR. The authority for the D&F for the HIV/AIDS EPP was 40 United States Code 113(e)(2) and the Code of Federal Regulation 706.302-70. A copy of the HIV/AIDS EPP D&F is attached.

d) A discussion of the proposed contractor’s unique qualifications or the nature of the acquisition that requires use of the authority cited. FAR 6.303-2(b)(5)

CERPED has six years of experience and expertise in conducting SIMS site visits and is qualified to rapidly conduct site visits and has proven to produce high-quality results that contribute substantially to PEPFAR program goals. CERPED received training, guidance and orientations in conducting SIMS Visits, Data Quality Check (DQC) and Data Quality Management (DQM) that has given them a unique advantage to build a network of connections with different levels of the ministry of health (Province, districts, health facilities), civil society organizations, enabling them to achieve the targets set by PEPFAR efficiently and effectively. The Contractor Performance Assessment Reporting System (CPARS) shows that CERPED satisfied the PEPFAR requirements and achieved the targets and goals set for them.

Given the urgent and overwhelming needs that come from the ambitious targets established by PEPFAR, and PEPFAR’s large financial and programmatic investment, authorization of the use of other than full-and-open competition is necessary. Awarding to another source would result in substantially additional costs to the Government and unacceptable delays that compromise USAID’s ability to provide life-saving assistance to those affected by HIV/AIDS and to meet PEPFAR’s targets.

e) A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable. FAR 6.303-2(b)(6)

USAID/Burundi carried out a landscape analysis of local organizations with the potential capacity to carry out the required work. The analysis was restricted to local organizations based on operational considerations, and the S/GAC priority to increase the number of awards to local entities. No current

USAID implementing partners are eligible to compete for this work because of organizational conflict of interest concerns as the SIMS assessment is a tool to review the quality of program implementation of existing partners. The landscape analysis identified the same three organizations that had previously competed for this contract. CERPED was found on two solicitations to offer the best value to the US Government. Given the above described urgent and overwhelming needs, there is no plan to solicit for these required services.

f) A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable. FAR 6.303-2(b)(7)

USAID anticipates that proposed costs under this modification will be consistent with costs the contractor is incurring during ongoing implementation. A cost analysis will be conducted to ensure that cost estimates are fair and reasonable. In addition, an IGCE has been prepared for the new number of sites and analysis and will serve as a reference point in analyzing proposed costs. Therefore, the Contracting Officer anticipates that the cost to the Government will be determined to be fair and reasonable.

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. FAR 6.303-2(b)(8)

In considering this modification, USAID assessed whether or not any other organization in Burundi would be able to quickly establish an effective working relationship with the Ministry of Health and its decentralized institutions, local and international NGOs, and key stakeholders, and avoid a loss or lag of implementation and achievement of results. Although other organizations have the technical capability to implement the activity, CERPED’s extensive network of relationships with the MOH and other key stakeholders is advantageous and will ensure there is no gap in performance, which would be difficult to avoid with any other firm. Risking a gap in service or delay in the achievement of critical PEPFAR objectives is not acceptable. In addition, CERPED has twice been awarded this contract in a competitive process that included all known capable and eligible organizations in the country.

h) Any other facts supporting the use of other than full and open competition. FAR 6.303-2(b)(9)

CERPED is a local Burundian organization that has gained experience over time in conducting site visits that help gather desired information as per strict PEPFAR requirements. CERPED has been trained and its capacity has been built to reach the level of expertise they are at now. USAID/Burundi will benefit from working with a contractor that has proven ability to produce high quality services. USAID HQ has also allocated CERPED 3 Ipad, GFE, to conduct SIMS. The GHSurveys team is working with M/CIO to improve the GHSurveys system and will be migrating the infrastructure into the AIDNet environment.

Moving forward, all SIMS and DQM Third Party Contractors will be required to use GFE devices to conduct assessments in GHSurveys.

i) A listing of the sources, if any, that expressed, in writing, an interest in the acquisition. FAR 6.303-2(b)(10)

As this proposed action is a modification rather than a new requirement, and was not publicized, no sources expressed in writing an interest in the acquisition.

j) 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. FAR 6.303-2(b)(11)

Upon conclusion of the contract, USAID/Burundi aims to reassess the technical support needs. Since the requirements under this Activity are recurring and further technical assistance is needed, USAID/Burundi HO intends to conduct a limited competition to local entities for a new activity and will be based on the relevant needs at that time.

RECOMMENDATION

It is recommended that you approve this justification for use of other than full and open competition pursuant to the Action Memorandum “Expedited Procurement Procedures for Prevention, Care, and Treatment of HIV/AIDS,” approved on December 31, 2019 and valid through December 31, 2024, which includes authorization for exceptions to competition in the modification or award of Contracts, Grants, and Cooperative Agreements. 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 HIV/AIDS EPP.

CERTIFICATION:

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

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

and

● The Action Memorandum entitled “Expedited Procurement Procedures for Prevention, Care, and Treatment of HIV/AIDS,” approved on December 31, 2019 and valid through December 31, 2024, which includes authorization for exceptions to competition in the modification or award of Contracts, Grants, and Cooperative Agreements. (HIV/AIDS EPP D&F is attached.).

Attachment

Expedited Procurement Procedures for Prevention, Care, and Treatment of HIV/AID (HIV/AIDS EPP) Determination & Finding (D&F)

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.

Apollinaire Kavungerwa ____________ _____10/20/2023___ Technical Officer Date

CLEARANCE:

Siham Nurhussein _____11/7/23__ Acting Resident Legal Officer Date:

CONTRACTING OFFICER CERTIFICATION AND APPROVAL .

https://drive.google.com/file/d/1OYST-GeU-yaY2q3vDsfpYLlWVim6wmut/view?usp=sharing https://drive.google.com/file/d/1OYST-GeU-yaY2q3vDsfpYLlWVim6wmut/view?usp=sharing

I hereby certify that this justification is accurate and complete to the best of my knowledge and belief.

FAR 6.303-2(b)(12)

Per FAR 6.304(a)(1), my contracting officer certification, also serves as approval for this contracting action under $750,000.

APPROVAL

In addition to the procedures in ADS 302, COs must forward a copy of all J&As using the EPP D&F authority to the HIV EPP mailbox (HIVEPP@usaid.gov) for tracking purposes. Similarly, AORs must also comply with procedures in ADS 303 and forward a copy of the documentation to the HIV EPP mailbox (HIVEPP@usaid.gov) for tracking purposes.

Katie Larson _____________ ____3/20/2024______________ Contracting Officer Date Office of Acquisition and Assistance USAID Rwanda and Burundi