J and A 72060821C00001.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION (J&A)

TO: Deborah Broderick, Agency Competition Advocate

FROM: Juan Carlos Rodriguez, Director, USAID/Morocco/GDO

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. Specifically, AIDAR 706.302-70(b)(5), states that an exception can be made for “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.” This document was prepared by Juan Carlos Rodriguez, General Development Office (GDO) Director, USAID/Morocco.

Contracting Agency: U.S. Agency for International Development (USAID) Contracting Activity: USAID/Morocco Project Title: Inclusive Education Teacher Training Activity (MITTA) Contractor: DevTech Systems, Inc.

Contract No. 72060821C00001 Contract type: Cost-Plus-Fixed-Fee Completion-Type Current TEC: $2,759,271 Current Period of Performance (PoP): 07/01/2021 - 06/30/2025

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

This is a request to approve a modification to Contract No. 72060821C00001 held by DevTech Systems, Inc. (DevTech) for the Inclusive Education Teacher Training Activity (MITTA) to increase the Total Estimated Cost (TEC) by $747,624 from $2,759,271 to $3,506,895. No additional time is requested. All activities will be completed in the current timeframe (07/01/2021 - 06/30/2025). USAID/Morocco awarded the MITTA contract to DevTech on July 1, 2021.

The additional $747,624 will be used to expand the current scope of the contract by revising existing activities and adding new activities necessary to meet Result 1: Capacity of Teachers Strengthened for Improved Deaf Education (Requirement 1: Intensive Moroccan Sign Language Course Developed, Requirement 2: Bilingual Deaf Education In-Service Training Program, and Requirement 3: Deaf Education Certificate Program Embedded in Higher Education Institution (HEI)) and Result 2: Capacity Building Program for the Deaf Community.

Under this proposed action, DevTech will realign MITTA’s activities and expand the level of effort of activities planned, and add a Grants under Contract component to the award authorizing DevTech to issue a Fixed Amount Award (FAA) to Mohammed V University (UM5), Faculty of Education Sciences (UM5/FSE).

Under the existing contract, DevTech works with USAID/Morocco and relevant stakeholders including the Ministry of National Education, Preschools and Sports (MOE), UM5, and other organizations to strengthen Deaf education in Morocco. Specifically, DevTech will provide critical programmatic follow-on interventions to expand and improve the current activities with the aim of strengthening Deaf education within the original scope of MITTA, thereby increasing the sustainability and quality of results of MITTA by June 30, 2025. DevTech consulted with relevant stakeholders, including the MEN, FSE/UM5, Lalla Asmae Foundation (LAF), University of Tennessee-Center on Deafness (UTK/COD), and USAID, to develop the proposed interventions and activities, thereby ensuring alignment with MITTA’s strategic priorities and current Deaf education needs in Morocco.

MITTA is in a unique position to strengthen the original Deaf education by co-creating with the MOE a tailored Bilingual Deaf Education (BDE) course and training for current (LAF) teachers of deaf children and designing and rolling out a BDE certificate program for NGOs through a grant to (UM5/FSE). The DevTech staff has expertise and a proven track record of working with the MOE and its partners, the LAF, and UTK/COD.

While this work fits within the objective of the contract, it is additional work that was not envisioned at the time of award and will require additional resources to implement.

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

The existing MITTA activity is implemented by DevTech through a contract from July 1, 2021 through June 30, 2025. The expanded scope will allow MITTA to undertake urgently needed expansion activities which are critical to programmatic success for a total amount of $747,624, including:

● The co-creation of a tailored Bilingual Deaf Education (BDE) course and training for current LAF teachers of deaf children;

● A BDE module and training for pre-service teachers at the MOE teacher training facilities;

● A tailored BDE and Moroccan Sign Language (MSL) training for NGO educators; and

● A grant under contract to UM5/FSE to design and roll out a BDE certificate program for NGOs.

Below are the detailed descriptions and rationale of planned activities in relation to the identified needs, and the expected results.

RESULT 1: CAPACITY OF TEACHERS STRENGTHENED FOR IMPROVED DEAF

EDUCATION

REQUIREMENT 1. INTENSIVE MOROCCAN SIGN LANGUAGE COURSE DEVELOPED

Revised Activity planned: MITTA will develop an improved course using summative and formative assessment approach. The team will develop, obtain reliability, and implement an approach for assessing the MSL trainers.

New Activity planned: MITTA will develop an MSL module for general education teachers and for pre-service teachers. This content will be integrated as a module in the MOE inclusive education curricula.

REQUIREMENT 2. BILINGUAL DEAF EDUCATION IN-SERVICE TRAINING PROGRAM

MITTA will tailor the BDE course for in-service teachers of the LAF and develop a simplified (introductory level) module for pre-service general education teachers at the MOE regional teacher training centers (CRMEFs).

Revised Activity planned. MITTA will develop a BDE course for LAF in-service teachers of DHH learners. With UTK/COD, MOE and LAF support, MITTA will identify master trainers that follow the UTK/COD recommended profile. Master trainers will co-develop course content and validate it with key stakeholders. The validated course content will also be used to inform the UM5/FSE certificate program under requirement 3.

New Activity planned. MITTA will train LAF master trainers in the BDE course and lead discussions with the LAF board and the MOE to define master trainers’ participation modality and commitment to the one-year in-depth BDE course.

New Activity planned. MITTA will develop an intro-level BDE/MSL module for pre-service general education teachers. In-depth consultations with MOE led MITTA to propose a new 8-hour BDE/MSL introductory level module for general education pre-service teachers.

New Activity planned. MITTA will train master trainers in an intro-level BDE/MSL pre-service module. UTK/COD and MOE will then conduct a hybrid in-person/online master training for at least 12 MOE CRMEF trainers from the 12 regions.

New Activity planned. MITTA will monitor piloting and scale-up of the MOE pre-service BDE/MSL module. Given that this is a new module for pre-service teachers at the CRMEFs, additional steps are needed before scaling it up. This scale up plan will allow the MOE to train 7,000 graduating primary cycle teachers per year through its 12 CRMEFs starting 2024-2025.

About 11,000 graduating teachers of mid and secondary cycles will also receive the BDE module.

REQUIREMENT 3. DEAF EDUCATION CERTIFICATE PROGRAM EMBEDDED IN HEI

Revised Activity planned. MITTA will co-develop the institutional capacity assessment with UM5. MITTA will fully engage UM5/FSE in the co-design and development of the capacity assessment and the certificate program under a subgrant agreement, as part of this TEC increase proposal.

Revised Activity planned. MITTA will co-develop the Certificate Program content with UM5/FSE. UM5/FSE will collaborate with MITTA to develop the MSL and BDE courses and design a three-month certificate program targeting NGOs working in the field of Deaf education.

New Activity planned. MITTA will roll-out the Certificate Program. UM5/FSE will launch and roll-out the first 3-month certificate program cohort for 30 participants during FY 2025 Q2 as part of their subgrant activities and before the end of the period of performance of the Activity.

RESULT 2: CAPACITY BUILDING PROGRAM FOR THE DEAF COMMUNITY

Revised Activity planned. MITTA will train families and community members in coordination with partner NGOs. MITTA will coordinate with a selected number of NGOs to implement four capacity building workshops for families and communities of DHH children and youth to provide mentorship and facilitate early and ongoing access to MSL, assist in reducing parents’ anxieties relating to their Deaf child, and to establish peer support networks.

New Activity planned. MITTA will develop tailored capacity building training workshops for NGOs.

New Activity planned. MITTA will conduct social media outreach. DevTech will work closely with the DHH community and IEE consultants to develop content to be published on social media to promote positive self-identity among Deaf children and youth and to portray success stories/role models for DHH youth in Morocco.

New Activity planned. MITTA will tailor MSL and BDE training for NGO educators. MITTA will provide training to educators and staff from different NGOs in the course of 8 workshops.

Training content will be aligned with the MSL and BDE courses that will be developed as part of the ongoing MITTA activities, increasing the capacity of the Deaf Community to provide quality Deaf education.

This is necessary to ensure the sustainability of the interventions. Procuring the services of another implementer for a follow-on project would jeopardize the results of the Activity, as the success of the interventions is reliant on MITTA’s existing relationships, based in trust and built through years of continual engagement, with the Ministry of Education and GOM counterparts.

Replicating such relationships through a new contractor would not result in efficient and effective partnerships in the time required to sufficiently influence the outcomes of MITTA.

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

This request for approval is prepared pursuant to the authority at AIDAR 706.302-70 Impairment of Foreign Aid Programs, which provides USAID the statutory authority to waive the requirement for full and open competition when it would impair or otherwise have an adverse effect on programs conducted for the purposes of foreign aid, relief, and rehabilitation. The specific authority is AIDAR 706.302-70(b)(5), which allows for other than full and open competition for “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.”

The original contract was awarded on July 1, 2021, based on Full and Open Competition.

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

USAID/Morocco relies on the existing instrument for continued support to the MOE and the Government of Morocco (GOM). An approved continuation and expansion of MITTA’s work is beneficial to the USG for cost, timeliness, and reputational reasons.

The U.S. contractor, DevTech, possesses the unique relationships and organizational capabilities to economically and efficiently implement the revised and new activities under this contract modification scope expansion, which are logically derived from the work already being performed under the existing Contract.

DevTech has created unique and outstanding relationships via DevTech Systems, Inc.’s personnel and its subcontractor University of Tennessee (UTK) with local stakeholders. The nature and necessity of these relationships in successfully implementing the Inclusive Education Teacher Training Activity (MITTA) have led the Mission to conclude that the logistical advantages of continuing with DevTech Systems, Inc. in a contract modification scope expansion is far more economical and efficient than soliciting new services from another contractor. The relationships forged by DevTech Systems, Inc. and UTK have been far more valuable than originally envisioned by the technical architects of the activity, and it would be most economical for the U.S. Government to leverage these connections, and also the learning, expertise and resources already garnered through the current activities. A new implementer would not have the relationships in the field necessary for the success of this work.

DevTech has established solid ground in Morocco through MITTA thanks to its strong field team, with the support of their HQ, who developed a keen understanding of the intricate reality of DHH education in Morocco. The local team also managed to gain the trust of diverse institutional and civil society stakeholders that play a key role in the field at the central and local level. Additionally, MITTA maintains two well-known and respected Experts in Inclusive Education (IEE) that serve as part-time consultants with a niche skill set. The first consultant has a keen understanding of MOE strategy for inclusive education, MOE players and dynamics, and a solid institutional database and knowledge that facilitates meetings and decisions. The second expert holds field expertise working with DHH on the ground, has a renowned mastery of Moroccan sign language and a strong and wide network of DHH NGOs and activists. These experts’ skill sets are complementary and have contributed to predicting and smoothing out issues in advance.

In addition, transferring ongoing activities to another contractor through a competitive process at this point in implementation would jeopardize existing unique and productive relationships and cause reputational damage to USAID and foreign assistance outcomes. Therefore, this proposed TEC increase is essential to ensure that planned activities can be implemented and completed with the same trusted implementing partner.

Ultimately, reducing the activity or introducing a new implementing partner in the near future would seriously impair and adversely affect the Mission’s ability to meet its development objectives surrounding this activity, and would have a clear and foreseeable negative impact on USAID/Morocco’s relationship with the MOE and LAF. Establishing efficient and effective relationships with all the stakeholders involved through a new contract would require significant cost and time for the U.S. Government, and pose an unacceptable reputational risk.

Under the circumstances presented, no other partner, international or local, is capable of successfully implementing to completion the activities described in this memo. An exception to full and open competition under AIDAR 706.302-70(b)(5) is therefore justified based on the factors discussed above.

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 FAR 5.2

[AIDAR 705.2].

For the original award, a Request for Information was originally conducted through an RFI/Sources Sought Notification No. RFI-608-20-0001 published on SAM.gov on March 31, 2020 for comments with a due date of April 17, 2020. The contract was competitively procured under a full and open competition through solicitation No. 72060821R00002 published on Sam.gov on January 29, 2021, with a due date of February 26, 2021.

USAID/Morocco did not consider soliciting from other potential sources for this TEC increase because of the rationale stated in section 5 above.

On July 7, 2023, USAID/Morocco publicized the Notice of Intent associated with this modification on SAM.gov in accordance with FAR 5.201 in order for potential resources to submit expressions of interest, as discussed in Section 10 below. The deadline for interested parties to submit expressions of interest was on July 21, 2023. No expressions of interest were received. Similarly, the final J&A will be posted in accordance with the requirements of ADS 302.3.4.5(h)(2) and FAR 6.305.

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

USAID will analyze the activity’s historical costs to determine that additional costs to the USG are fair and reasonable. Historical costs will be a suitable comparison tool for this TEC increase since all new/revised activities are similar to existing lines of effort.

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

The Mission carefully examined this requirement to determine the probability of success if other sources were utilized. Unfortunately, the mobilization of a new contractor would require substantial cost and delay the activity, which could jeopardize the present momentum generated by DevTech.

In addition, as discussed previously, working in partnerships effectively with DevTech is extremely unique and requires a long standing and trusted relationship. Because of these factors, USAID/Morocco concluded that it is not possible for a new contractor to perform the new and revised activities. Therefore, because of the inability of a new implementer to step in and provide the required services, the Mission did not conduct market research for this action.

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

DevTech Systems, Inc. has accumulated local expertise and awareness of the situation in Morocco. Their local team has built a solid network with different key stakeholders within the Ministry of Education (MOE), Lalla Asmae Foundation (LAF), the University Mohammed V (UM5/FSE) and is clear on the different routes it takes to reach individuals that provide education to DHH, whether they are MOE teachers trained in their regional training centers, or hearing or DHH educators who do not meet the academic requirements of the Ministry to become recognized teachers, but have acquired enough expertise and developed a rare set of skills that allow them to teach and communicate with DHH on the ground.

DevTech Systems, Inc. has secured the engagement and trust of several key stakeholders. They have also reached an understanding and agreement with the Faculty of Education Sciences within UM5/FSE to embed and roll out a Bilingual Deaf Education Certificate. This main public higher education institution in Rabat’ engagement will expand access to specialized instruction to the general public, including staff from local NGOs, which in turn will result in increased quality of services to the Deaf community. The developed and tested process for design, installment, and roll out of a BDE certificate program could also be transferred to other universities across Morocco.

Therefore, the transfer of the ongoing activities to another Contractor through a competition at this time in implementation would endanger existing unique and productive Devtech Systems relationships and the expected outcomes. The time necessary to establish new productive relationships would exceed the proposed TEC increase. To continue the positive momentum of USAID’s partnership with DevTech Systems, it is vital to complete those activities during the period of performance with the same trusted implementing partner.

The Mission determined that a new contractor would result in substantial additional costs. Any new activity would require fixed costs such as staff, office space, etc. DevTech can accommodate these new/revised activities with their current staff and office configuration. The USG would see a duplication of costs for any new award which would not result in greater programmatic results.

Other than full and open competition is appropriate for this activity to avoid a gap of essential US Government services within the period of performance of this proposed TEC increase.

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

No sources expressed interest or comments in response to the Notice of Intent posted on SAM.gov on July 7, 2023, as discussed in Section 6 above.

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:

USAID/Morocco intends to compete future requirements through full and open competition and potentially set aside some requirements for US small businesses.

12. Technical or Requirements 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.

Juan Carlos Rodriguez Date Director General Development Office

08/01/2023

13. Contracting Officer Certification:

In accordance with FAR 6.303, I hereby certify that the justification is accurate and complete to the best of my knowledge and belief.

David Arnett Date Regional Contracting Officer

USAID/MERP

14. Approved/Disapproved

Deborah Broderick Date Agency Competition Advocate

Digitally signed by David Arnett Date: 2023.08.01 14:12:10 +02'00'

Jennifer L Norling (affiliate)

Digitally signed by Jennifer L Norling (affiliate) Date: 2023.08.01 11:10:17 -04'00'