J_A Memo - MEL Bridge Posted FedBiz.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION

TO: Deborah Broderick, USAID Competition Advocate

FROM: Whitney Jensen, Program Office Director, USAID/Nigeria

DATE: January 25, 2021

SUBJECT: Justification and Approval for Other than Full and Open Competition (J&A) to issue a sole source award to continue activities for 6 months after the close of AID-OAA-1-15-00018 with DevTech Systems Inc for the Monitoring, Evaluation and Learning (MEL) Contract

1. This document sets forth the facts and rationale justifying the use of other than full and open competition, in accordance with AIDAR 706.302-70(b)(5). This document was prepared by the Program Office of USAID/Nigeria.

2. The nature and/or description of the action being approved:

This is a request to approve a six-month sole-source award to DevTech Systems Inc for the purpose of transferring Mission program data from DevTech’s Monitor® system to the Agency’s Development Information System (DIS) and for providing continued monitoring, evaluation, and learning (MEL) services to USAID/Nigeria. The sole source award would begin on March 16, 2021 and end on September 15, 2021. The estimated amount of this award is $1,800,000.

Via an Agency Notice dated October 7, 2020, the Agency announced the roll-out of the Development Information System (DIS), requiring all Missions to migrate their program data into the DIS.

USAID/Nigeria is assigned to Tranche 2 of the Africa roll-out, which is scheduled for April through June 2021. Under this non-competitive award, DevTech will support the Mission and its implementing partners (IP) to complete the transfer of the Mission’s program data from Monitor® to the Agency’s DIS. DevTech will provide practical hands-on technical assistance to the Mission and IPs on data entry into the DIS.

Additionally, under the period of performance of this contract, DevTech will continue to provide core MEL services to the Mission and its stakeholders (including the Mission’s implementing partners) in support of, and alignment with USAID/Nigeria’s Country Development Cooperation Strategy.

AIDAR 706.302-70(b)(5) allows an award to be made for the continued provision of highly specialized services when an award to another resource would result in substantial additional costs to the government and unacceptable delays. DevTech Systems Inc currently holds a Task Order (TO) awarded for the MEL Contract in Nigeria under which $15,202,629 has been obligated to this TO to date. We confirmed in writing from the Contracting Officer’s Representative (COR) for the Monitoring and Evaluation Indefinite Delivery Indefinite Quantity Contract (IDIQC) that there is no further buy-in space under the IDIQC because it has reached its total estimated cost (TEC). The current TO expires March 15, 2021 and the Mission is not likely to have a new award in place by that time. There is currently a small business set aside, competitive solicitation for these services in procurement, which is not likely to be awarded until June, 2021 and the activity will be in start up for two to three months after that.

3. Description of the supplies or services required, including an estimated value:

The Mission’s performance management database (Monitor®) was enhanced and rebranded under the Monitoring, Evaluation and Learning Contract with DevTech, and DevTech has registered a trademark on the Monitor database. With the Agency’s mandate for Missions to move all program management databases to its DIS, the MEL Bridge contract with DevTech presents the lowest cost, most efficient way to support the Mission in transferring its program data into the DIS, helping the Mission become compliant with the mandate. The MEL Bridge contract would support all the technical teams in the Mission with knowledge management and performance monitoring services as summarized below.

a. Knowledge Management

i. Provide continued data management systems support, including training Mission staff on the use of the system

ii. Support the transfer of data from the Mission’s current data management system to the USAID

DIS

iii. Provide Geographic Information System (GIS) mapping services

iv. Support with learning events

b. Performance Monitoring

i. Provide high quality field-based monitoring services

ii. Conduct Data Quality Assessments

iii. Provide suggestions and state-of-the-art recommendations to strengthen USAID/Nigeria’s development programs and MEL system

iv. Conduct rapid feedback assessments to inform Mission approaches

USAID/Nigeria estimates that $1,800,000 is required to provide technical support through this sole source award from March 16, 2021 through September 15, 2021. The Independent Government Cost Estimate (IGCE) for the proposed six month award is based on the annual negotiated rates of the current TO with consideration given to the market and historical data for services similar in nature.

4. Statutory authority permitting other than full and open competition:

AIDAR 706.302-70(b)(5): An award for the continued provision of highly specialized services when awarded to another resource would result in substantial additional costs to the government or would result in unacceptable delays.

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition that requires use of the authority cited:

The current MEL activity being implemented by DevTech has a substantial body of implementation experience and learning in terms of MEL support to the Mission and its stakeholders. The activity provides direct technical support to Mission staff, its implementing partners, and other stakeholders on performance monitoring, evaluation, and knowledge management. Through the period of performance of the current MEL Activity, DevTech has built a healthy working relationship with all the technical offices across the Mission and serves as the Mission’s eyes and ears on the ground with regards to program implementation monitoring and data gathering. The contract has an established system on the ground that supports activity monitoring and project support.

During the period of performance of the current contract, DevTech has enhanced the Mission’s performance management system and rebranded it to Monitor®. This system serves as a comprehensive repository for all program implementation data, including indicator and performance monitoring data. It also serves as the repository for other activity management tools, such as each activity’s activity monitoring, evaluation and learning plans. DevTech has a registered copyright on the Monitor® system, is the only contractor that has access to the data in the database, and is the only contractor capable of transferring the Monitor® data to DIS. It adds the most programmatic value to have DevTech utilize the opportunity of this MEL bridge contract to transfer the Mission’s program management data in Monitor® to the Agency’s DIS.

Additionally, DevTech has staff already mobilized in Abuja, Nigeria that are experienced with the

Mission’s MEL needs and requests, and have capacity that is responsive to Mission quality standards. It would be challenging and time-consuming for another contractor to maintain and/or improve on the results of DevTech without the established relationships, familiarity and experience with USAID’s current performance management system, and already-mobilized staff, leading to substantial additional costs to USAID and unacceptable delay. DevTech can provide the necessary continuity of highly specialized technical support to the Mission under such short notice and during the procurement of the new competitive award, thereby minimizing overall costs to the Agency and avoiding programmatic delay.

Compliance with full and open competition procedures would result in an unacceptable delay in the continued delivery of the highly specialized MEL services to the Mission and its stakeholders. It is crucial to sole-source this limited-duration award to DevTech Systems Inc to permit the continued fulfillment of USAID/Nigeria’s MEL requirements, in alignment with the Mission’s new Country Development Cooperation Strategy (CDCS) Development Objectives.

6. Description of the efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by Federal Acquisition Regulation (FAR) 5.202 [AIDAR 705.002]:

USAID/Nigeria did not solicit any offers from any potential sources. Soliciting offers from other sources is not practicable as noted in Section 5 above, no other contractor currently possesses the knowledge, relationships or mobilized staff on the ground to provide the needed specialized MEL services to the Mission under such short notice. Meanwhile, USAID/Nigeria published a notice of intent (pre-solicitation notice for a non-competitive action) on beta.SAM.gov on 01/07/21 (with notice number 72062021R00002).

7. A determination by the Contracting Officer (CO) that the anticipated cost to the Government will be fair and reasonable:

The CO has reviewed the IGCE prepared by the Task Order Contracting Officer’s Representative (TOCOR). The IGCE was based on actual costs incurred by DevTech during the performance of the existing contract. The current rates were negotiated following a competitive procurement among all the monitoring and evaluation IDIQ holders. DevTech’s cost was determined fair and reasonable based on competition, historical data, and CO’s knowledge of the market. As a result of this review, the CO has determined that the anticipated costs to the government will be fair and reasonable based on costs of current contract, historical costs and the market. The CO will perform a further cost analysis of DevTech’s cost proposal to ensure that costs remain fair and reasonable.

8. Description of the market research conducted and the results or a statement of the reasons market research was not conducted:

USAID/Nigeria is aware of potential contractors that provide similar services because of the on-going procurement of the new MEL Support Service contract. However, DevTech is the only contractor that has access to the Monitor® database and that can transfer the data from Monitor® to the Agency’s Development Information System without delay.

9. Other facts supporting the use of other than full and open competition:

If the sole source award to DevTech is not issued, USAID/Nigeria will not meet its target for transfer of data from its current performance data management system (Monitor®) to the Agency’s DIS.

In addition, mission staff are restricted from travelling to most of the locations where USAID activities are being implemented due to widespread security threats. The situation is further exacerbated by the COVID-19 pandemic, which has compounded the Mission’s monitoring challenges. The third party monitoring services provided by DevTech have helped the Mission maintain visibility on its interventions across the country and meet Agency requirements for activity performance monitoring. The Mission risks failing to provide required activity oversight with the absence of a third party MEL support service provider. During the period of performance of the MEL Bridge contract, DevTech will fill this crucial gap by continuing to provide field-based activity monitoring, data validation, and data quality assessments to that