J_A No. 21-003-Life Support Services.S.Sudan-package.pdf

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Life Support services to USG offices and Residence in Juba South Sudan
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AID-668-C-14-00001
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JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION (J&A)

To: Deborah Broderick, Agency Competition Advocate

From: Liliana Reyes, General Services Specialist, USAID/South Sudan

Subject: Justification and Approval for Other Than Full and Open Competition

(J&A)

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 General Services Specialist, USAID/South Sudan.

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

This is a request to approve a sole source extension for six months from the current end date of October 31, 2020 to a revised end date of April 30, 2020 and an increase of the current Life Support Services contract Total Estimated Cost (TEC) of $19,271,665 by $1,000,000 to a revised TEC of $20,271,665. The contract is currently held by BMMI Group for USAID/South Sudan as the Alternate Service Provider (ASP) at Embassy Juba.

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

The contract operated by BMMI is a Cost-Plus-Fixed-Fee (CPFF) with a value of US$19,271,665 and an original award date of December 11th, 2013 under contract number AID-668-C-14-00001. The following modifications to the TEC and Period of Performance were executed:

Mod # Action New TEC New PoP

09 PoP Extension - 04/30/2019

10 PoP Extension - 06/30/2019

11 PoP Extension - 07/31/2019

13 PoP Extension - 10/31/2019

15 PoP Extension - 02/29/2020

17 TEC increase (exercising Option

1) by $2,067,329.00 and PoP Extension

$18,135,770.00 10/31/2020

19 TEC increase (exercising Option

2) by $1,135,895.00

$19,271,665.00 -

For all the above actions, no issuance of a J&A was done as they did not trigger competition.

This contract provides food & beverage, housekeeping, maintenance, and groundskeeping services across multiple compounds owned and/or leased by the American Embassy in Juba. The Life Support Services contract addresses mission-essential sustenance, livelihood and logistical services that are not readily available or safe in the local economy nor available to the staff due to the USG security posture. The current award expires on October 31, 2020; the proposed extension would enable the continuation of the same services for six more months with an additional cost of $1,000,000.

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 award 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 AIDAR exception is used to request the extension of the BMMI Life Support Services contract as it is at this time the only practicable source that can meet the Mission’s requirements through continuity of their services. For an urgent requirement such as this, in such a complex working environment, no other contractor could reasonably research and prepare an adequate proposal before the end of the current period of performance, let alone provide the services required.

6. Description of the efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was publicized as required by Federal Acquisition Regulation (FAR) 5.2 [AIDAR 705.2].

A notice of the contract action was posted as required by FAR 5.2 on September 24, 2020.

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

The Contracting Officer has determined that the anticipated cost to the Government would be fair and reasonable, based on the current costs of the services and independent market research that contributed to the IGCE for the follow-on contract.

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

Specific market research has been conducted for a follow-on solicitation, indicating that there are companies interested in competing for a contract and providing these services. However, in terms of the necessary timeframe for the proposed six-month extension, there is insufficient time for adequate response from prospective companies to the current requirement.

As referenced in Section 6 above, a notice of contract action was posted for expressions of interest.

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

(i) Impact from COVID-19 crisis:

A follow-on contract is planned, but the unprecedented COVID-19 crisis has led to significant delays in the procurement process.

As the COVID-19 crisis unfolded, all efforts were shifted towards addressing the emergency response and preparedness in terms of food and medical supplies. This created a severe staffing shortage in the office. The majority of Mission staff do not have electricity at home, thus, working from home was not a feasible option for many.

While the Mission sought creative solutions for allowing staff to work from home, there were still critical gaps in staffing that meant some procurements were significantly delayed.

Due to the extremely difficult operating environment in South Sudan, and the impact that COVID-19 has had on travel, ample time must be given to offerors to allow them to conduct their own research and prepare quality proposals. Given the realities posed by the current COVID-19 pandemic, EXO requests this extension to allow offerors to be able to plan the logistics for their deployment.

(ii) Serious Injury to the Government:

The Mission’s difficult operating environment, driven by political uncertainty as well as natural disasters and developmental needs, make alternative service providers with the logistical breadth almost non-existent; the Life Support Services contract addresses mission-essential sustenance, livelihood and logistical services that are not readily available, safe in the local economy nor available to the staff due to USG security posture. Although a follow-on contract is planned, political instability and the COVID-19 crisis has significantly impacted the procurement action lead time, and a harmful gap in services will result if the current contract is not extended. As the ASP for the USG Mission in Juba, the lack of these basic services on the compound would have a major impact on the morale and well-being of USG employees, as well as their ability to do their jobs.

(iii) No Other Source Can Practicably Compete:

This contract facilitates the critical operation of multiple USG compounds at Post until State Department is able to complete the construction of the New Embassy Compound (NEC) and integrate all services under the International Cooperative Administrative Support Services (ICASS) framework. Implementation of the contract allows USAID/South Sudan to continue as the ASP for operations until that time. The logistical complexity of providing these services in an operating environment like South Sudan, especially during a global pandemic, means that no other source could practicably compete and provide the necessary services within the timeframe available. The extension will allow for adequate time for a competitive procurement and avoid the impairment of the foreign aid programs supported by this contract.

10. Sources, if any, that expressed an interest, in writing, in the acquisition:

No expressions of interest were received in response to the posted notice of the contract action referenced in Section 6.

11. The actions the Agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required:

The Mission intends to complete future requirements through full and open competition and potentially encourage small business to submit proposals. Currently, the Mission is competing a new follow-on contract for these vital services and will continue the process for doing so. The solicitation for the new contract has been released.

12. Technical or requirement personnel certification:

In accordance with FAR 6.303-1(c), I hereby certify that the technical statements included above, and which form a basis for the justification are complement and accurate.

________by email_______________ ________09/24/2020_________ Contracting Officer Representative Date Liliana Reyes

13. Contracting Officer Certification:

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

______by email________________ _______10/9/2020__________ Contracting Officer Date Michael Capobianco

14. Approved

Approving Official Date Deborah Broderick, Agency Competition Advocate

Clearance:

________by email_______________ ________09/24/2020_________ Richard Burns Date Resident Legal Officer

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10/2/2020 USAID Mail - BMMI J&A for Clearance https://mail.google.com/mail/u/0?ik=8cf5be6b5f&view=pt&search=all&permmsgid=msg-f%3A1678743692764802631&dsqt=1&simpl=msg-f%3A16787… 1/2

Michael Capobianco <mcapobianco@usaid.gov>

BMMI J&A for Clearance Richard Burns <rburns@usaid.gov> Thu, Sep 24, 2020 at 10:13 PM To: Michael Capobianco <mcapobianco@usaid.gov> Cc: Liliana Reyes <lreyes@usaid.gov>

Hooray! I was almost afraid to ask!

Richard A. Burns Senior Resident Legal Officer for South Sudan and Sudan Resident Legal Officer for Ethiopia United States Agency for International Development United States Embassy Addis Ababa, Ethiopia Telephone: + (251) 111-30-6000 x6756 E-mail: rburns@usaid.gov

Inline image 1

On Thu, Sep 24, 2020 at 3:11 PM Michael Capobianco <mcapobianco@usaid.gov> wrote:

Thanks Rick!

Happily, we won't have to deal with it. I've already gotten their representation that they don't use CT :)

Cheers, Capo

On Thu, Sep 24, 2020 at 8:25 PM Richard Burns <rburns@usaid.gov> wrote:

Hey Capo, I clear, too. Looks good. One question -- what is the plan for addressing NDAA 889? Even if we get an extension on the waiver, they'll have to provide representations and M/OAA will make the call whether the waiver is applicable.

Is that your understanding?

Best, Rick

Richard A. Burns Senior Resident Legal Officer for South Sudan and Sudan Resident Legal Officer for Ethiopia United States Agency for International Development United States Embassy Addis Ababa, Ethiopia Telephone: + (251) 111-30-6000 x6756 E-mail: rburns@usaid.gov

Inline image 1 mailto:rburns@usaid.gov mailto:mcapobianco@usaid.gov mailto:rburns@usaid.gov mailto:rburns@usaid.gov

10/2/2020 USAID Mail - BMMI J&A for Clearance https://mail.google.com/mail/u/0?ik=8cf5be6b5f&view=pt&search=all&permmsgid=msg-f%3A1678743692764802631&dsqt=1&simpl=msg-f%3A16787… 2/2

On Thu, Sep 24, 2020 at 10:00 AM Liliana Reyes <lreyes@usaid.gov> wrote:

Hi Mike, I hereby clear on the attached J&A.

Thank you Liliana

On Thu, Sep 24, 2020 at 4:40 PM Michael Capobianco <mcapobianco@usaid.gov> wrote:

Hi Liliana, Attached is the final draft J&A. Can you sign (of clear by email) and send back?

Rick, Flagging for you as it'll come to you right after. Please note that I won't send it to DC until the new solicitation has been posted as described in the J&A. Lemme know if you have questions.

Cheers, Capo image.png 19K mailto:lreyes@usaid.gov mailto:mcapobianco@usaid.gov https://mail.google.com/mail/u/0?ui=2&ik=8cf5be6b5f&view=att&th=174c187e842c6e47&attid=0.1&disp=inline&realattid=a6e2967ac89aa51d_0.0.2&safe=1&zw

10/5/2020 CPARS

https://cpars.cpars.gov/cpars/app/appviewevaluation_input.action?id=2680600&requestType=P 1/7

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CONTRACTOR PERFORMANCE ASSESSMENT REPORT (CPAR)

Nonsystems

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Name/Address of Contractor:

Vendor Name: BAHRAIN MARITIME & MERCANTILE INTERNATIONAL BSC C

Division Name: BMMI

Street: BUILDING 812 SHAIKH JABER AL

City: MANAMA

State: X Zip:

Country: BHR

CAGE Code: SG191

Unique Entity ID (DUNS): 644774499 Unique Entity ID (SAM):

Product/Service Code: S299 Principal NAICS Code: 561990

Evaluation Type: Interim

Contract Percent Complete:

Period of Performance Being Assessed: 12/09/2017 - 12/08/2018

Contract Number: AID668C1400001 Business Sector & Sub-Sector: Nonsystems - Facilities Services

Contracting Office: USAID/SOUTH SUDAN Contracting Officer: ALAN GARCEAU Phone Number: 202-216-6279X484

Location of Work:

Juba, South Sudan

Date Signed: 12/10/2013 Period of Performance Start Date: 12/10/2013

Est. Ultimate Completion Date/Last Date to Order: 03/12/2019 Estimated/Actual Completion Date:

Funding Office ID:

Base and All Options Value : $16,068,441 Action Obligation: $10,775,000

Complexity: Medium Termination Type: None

Extent Competed: Full and Open Competition Type of Contract: Cost Plus Fixed Fee

Key Subcontractors and Effort Performed:

Unique Entity ID (DUNS): Unique Entity ID (SAM):

Effort:

Unique Entity ID (DUNS): Unique Entity ID (SAM):

Effort:

Unique Entity ID (DUNS): Unique Entity ID (SAM):

Effort:

Project Number:

Project Title:

Life Support Service Contract

Contract Effort Description:

The purpose of this contract is for the Contractor to provide the services listed below to maintain the essential life support services to the U.S.

https://cpars.cpars.gov/cpars/app/appviewevaluation_input.action?id=2680600&requestType=P 2/7

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Mission to South Sudan.

Hospitality/Housekeeping services o Customer registration o Maintaining up to date log book with contact information o Housekeeping o Laundry services o Room preparation o Guest services

Food Service o Managing dining and kitchen facilities o Maintaining food safety program o Providing health, fresh, and tasty menu items o Catering for special events

Facilities Maintenance o General and preventative maintenance o Cleaning office building and other facilities o Janitorial services o Grounds maintenance and landscaping o Minor construction o Water testing, and other health standards checks

Procurement and Logistics o Logistics/supply chain management o Procurement of consumables o Procurement of supplies and materials o Procurement of spare and replacement parts

Small Business Subcontracting:

Does this contract include a subcontracting plan? No

Date of last Individual Subcontracting Report (ISR) / Summary Subcontracting Report (SSR): N/A

Evaluation Areas Past Rating Rating

Quality: Satisfactory Satisfactory

Schedule: Satisfactory Satisfactory

Cost Control: Satisfactory Satisfactory

Management: Satisfactory Satisfactory

Small Business Subcontracting: N/A N/A

Regulatory Compliance: N/A N/A

Other Areas:

(1) : N/A

(2) : N/A

(3) : N/A

Variance (Contract to Date):

Current Cost Variance (%): Variance at Completion (%):

Current Schedule Variance (%):

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Assessing Official Comments:

QUALITY: The contractor has done a satisfactory job in the area of area of quality.

This is a contract to provide life support services for the US Mission in South Sudan. The services include food service, maintenance, cleaning, procurement and general accommodations management. The contractor BMMI satisfied all of its requirements throughout this fi�h year of the contract but there are areas that continue to need improvement.

Food service Food service has continued to improve this year. Another new menu was developed, new equipment purchased, trainers were brought in and the f&b manager was replaced all in an effort to raise the food service standard.

Feedback has been positive. Wait times have improved overall but there continues to be the occasional long wait. Consistency has also improved but can be improved further. Communication has improved significantly which has reduced the number of day to day food service customer complaints.

Additionally, throughout this rating period, BMMI provided food service for a number of high profile events including the 4th of July, Marine Ball, Thanksgiving and numerous representational functions ranging from dinners to cocktail receptions. Feedback on all events was excellent.

Maintenance Maintenance service has continued to have some challenges. BMMI had another change of maintenance manager during this rating period. The management change was smooth and the assistant maintenance manager provided coverage during the absence of the maintenance manager. BMMI maintenance was responsive to problems but continues to struggle to fix problems on the first call. Area of improvement continues to be the skill level of the senior technicians. BMMI had trainers come in and work with the technicians for a couple months midway through this rating period. Although it was good that they were making an effort to improve the skill level, many of the same problems continue. Throughout this contract BMMI has continuously to be unresponsive in recruiting trained and experienced technicians. The addition of the assistant maintenance manager has provided some improvement.

Grounds work is inconsistent too and requires better supervision.

Cleaning BMMI has provided cleaning services that meet the requirements of the contract. The Accommodations Manager is continuing to do a good job. The feedback from residents has been positive. The cleaning staff are responsive to special requests and do a good job of soliciting feedback from residents so the service meets each resident’s individual needs. A system of checklists for restrooms and other high traffic areas has been implemented and has also had a positive effect. Ensuring the supervisors continue to complete these checklists needs to be monitored.

Procurement BMMI has provided procurement services to the Mission. The quality of the services continue to vary. The response time on local purchases is always good. If there is an urgent need for something and it is available in Juba the turnaround time is generally very fast. The quality of the international procurement service continued to be inconsistent. It’s positive that the option is there but it tends to be slow. Recent restaurant equipment that https://cpars.cpars.gov/cpars/app/appviewevaluation_input.action?id=2680600&requestType=P 4/7

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has been ordered has taken months to get here.

Although there is need for improvement in quality (especially with maintenance), the rating of Satisfactory indicates performance within the requirements of the contract and that all significant problems were resolved in a reasonable amount of time during this reporting period.

SCHEDULE: The contractor has done a satisfactory job meeting schedules. Deadlines are usually met when BMMI is given a deadline for a maintenance project. They are prepared to start functions at the requested time. One area for improvement with the schedule is some international procurements have significantly delayed. Additionally, invoices are frequently not sent in a timely manner.

The rating of satisfactory in the area of schedule indicates performance within the requirements of the contract and that all problems were resolved in a reasonable amount of time during this reporting period.

COST CONTROL: The contractor has done a satisfactory job of cost control. The contractor has worked within the overall budget. One line item ran over budget during this rating period and required realigning the budget. Financial controls put in place the previous year seem to be working and there have been no the�s or other financial control issues.

The rating of satisfactory in the area of cost control indicates performance within the requirements of the contract and that all problems were resolved in a reasonable amount of time during this reporting period.

MANAGEMENT: The contractor has provided satisfactory management throughout this rating period. The Supervisory Operations Manager resigned and was replaced in June 2018. The replacement was a previous employee who was already familiar with the contract. During the Operations Manager’s leave a stronger manager has been sent to provide coverage. Current management has attempted to make some changes and improve discipline among the staff. Management also organized training programs for both food service and maintenance workers.

Toward the end of the rating period the Maintenance Manager was replaced in an effort to improvement maintenance. The F&B Manager was also replaced with a much stronger manager who has been able to make a noticeable difference in the food service area. HR actions have been addressed much faster with the new country HR Manager. During the latest staff issue he was able to diffuse the situation much faster than what was happening previously. Management could still improve with better discipline of the staff so managers have full control of the staff they manage. Better oversight from enforcing uniforms to spot checks of work would be helpful.

BMMI management has a good relationship with the residents and reacts quickly and with flexibility to requests.

The rating of satisfactory in the area of management indicates performance within the requirements of the contract and that all problems were resolved in a reasonable amount of time during this reporting period.

RECOMMENDATION:

Given what I know today about the contractor's ability to perform in accordance with this contract or order's most significant requirements, I would recommend them for similar requirements in the future.

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Name and Title of Assessing Official:

Name: ALAN GARCEAU

Title: Contracting Office

Organization: USAID/South Sudan

Phone Number: 000000000000 Email Address: agarceau@usaid.gov

Date: 04/18/2019

Contractor Comments:

QUALITY: BMMI has worked diligently to continue to improve the quality of services based on feedback received from USAID, and we believe that substantial progress has been made during the period of performance and in the first 4 months of 2019. We recognize that there are still areas for improvement, such as maintenance, and we have taken targeted actions to keep working on these.

Regarding Food Services, BMMI is proud of the improvement during the performance period. BMMI introduced new, healthier items for the menus in response to client demand, and we have focused on expanding the options available to USAID/Embassy personnel such as the addition of a new salad bar; these have been very well received. Recent feedback has also been very positive as ever on the VIP functions and events organized and catered by BMMI, such as a recent special menu VIP event for the British Ambassador.

We agree with USAID that the replacement Food and Beverage (F&B) Manager was very successful.

Regarding Maintenance Services, BMMI recognizes that performance issues still persist particularly on successful repair in the first instance.

Since early 2019, additional performance management measures have been put in place for the entirety of the team, including the returning former manager with daily reporting on all issues and jobs completed so that BMMI management can follow up where needed on all aspects including groundskeeping. BMMI?s International Integrated Facilities Manager is now also carrying out regular visits to performance audit the maintenance team.

BMMI is also planning changes to the team at senior technician level and is currently working on recruitment and performance management initiatives to support this, recognizing that is it difficult to find local South Sudanese nationals for these highly skilled positions, whilst USAID has also previously deemed the additional costs of employing more expatriates as too high as a factor here. BMMI believes that performance has also improved of late with good support being given to USAID to repair its generators beyond the contract scope of the contract, and positive feedback has been received from the Ambassador on the speed and quality of repair works carried out.

BMMI appreciates the positive feedback on the Accommodation and Housekeeping Services and will strive to continue the current, high performance levels and improve wherever possible working as suggested by USAID with the supervisors, particularly at this current time of high occupancy on the compound. BMMI believes that these services have always been a key strength in its offering to USAID.

Regarding Procurement Services, BMMI recognizes the need for further improvement on international procurement, and has taken steps to improve https://cpars.cpars.gov/cpars/app/appviewevaluation_input.action?id=2680600&requestType=P 6/7

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this during 2018/19 with the assignment of an additional resource to our procurement team in Nairobi, together with enhanced follow up and supervision of our international supply chain and further collaboration with BMMI?s Bahrain procurement team. A Service Level Agreement (SLA) has been agreed and signed between BMMI?s South Sudan/USAID execution team and our procurement team in Bahrain which establishes timelines for response, and assigns a dedicated resource in Bahrain to work with the local team for international procurement initiatives. Following this, BMMI has recently been able to support USAID with the procurement of a 650KV generator.

SCHEDULE: BMMI accepts the feedback on schedules, and does have a strong focus on meeting required timelines for all services whether maintenance or functions as required by USAID. We believe that the recent performance management measures have improved response and resolution times for maintenance and repairs issues, and BMMI¿s excellent service on functions has always been a positive factor in our performance on the contract. The issues with timely invoicing have been addressed with training in US Government financial procedures being undertaken by members of BMMI¿s Finance and invoicing teams during the second half of 2018 to improve performance in this area at the end of 2018 and the beginning of 2019 such that there are no longer any delays occurring.

COST CONTROL: BMMI¿s Finance team has worked closely with its USAID counterparts to ensure working within budget during the whole contract period, and more recently in this performance period to ensure a swi� realignment when the line item overrun occurred, as well as updating on budget administration in a timely fashion for the recent contract extensions. Staff recruitments and food procurement are both carefully monitored by BMMI to ensure optimum cost control on the contract.

MANAGEMENT: BMMI will continue to build on the improvements highlighted by USAID during the performance period for the management of the contract. Regretfully, management turnover does happen in Juba quite frequently, yet we have worked diligently to build redundancy into the management team to cover when resignations or rotations occur, and we strive to recruit stronger team managers than the previous departure. We believe this has proven effective during 2018 and 2019 to date, and further performance management efforts to improve staff discipline and service delivery will continue up to the end of the contract period. BMMI has made changes at both manager and junior staff levels during the most recent period to support this objective. New uniforms have been provided to all staff at the end of March 2019 and further stocks will be maintained on-site to meet requirements as necessary moving forward.

ADDITIONAL/OTHER: We concur with this assessment. BMMI is extremely proud to have worked with USAID over the last five and a half years on this life support services contract in a very challenging location. We will continually seek to improve the level of the services it provides going forward. BMMI is committed to working with USAID to provide exceptional service for the long term and we look forward to continuing our partnership.

CONCURRENCE: I concur with this evaluation.

Name and Title of Contractor Representative:

https://cpars.cpars.gov/cpars/app/appviewevaluation_input.action?id=2680600&requestType=P 7/7

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Name: JOSEPH WALKER

Title: Business Development Manager

Phone Number: +1 424 333 0820 Email Address: jwalker@bmmi.com.bh

Date: 06/03/2019

Review by Reviewing Official:

Review by Reviewing Official not required.

Name and Title of Reviewing Official:

Name:

Title:

Organization:

Phone Number: Email Address:

Date:

2020-10-13T17:01:49-0400
DEBORAH RYAN BRODERICK (affiliate)

File details come from the government source that posted it. Updated .