J and A for COVID19 Action under the IDepp_Final Signed 06182020.pdf

JUSTIFICATION AND APPROVAL (J&A)

The purpose of this sample J&A is to assist the CO/Planner in documenting the bases for awarding or modifying a contract using less than full and open competition as authorized in the

Expedited Procedures Package (EPP) for Responding to Outbreaks of Contagious Infectious

Diseases. Its use is not mandatory. This sample J&A contains the requirements at FAR 6.303-2 for the content of justifications. The CO should redact text as necessary prior to posting, in consultation with the GC/RLO as needed. A single J&A must not be used to support more than one contract award or modification. Approval of the J&A does not remove the requirement to prepare a Memorandum of Negotiation, conduct a cost/price analysis, and make a responsibility determination. (For policy on EPPs, see ADS 302, including Mandatory Reference ADS

302maw. EPPs are based on the authority at AIDAR 706.302-70(b)(3).)

TO: Andre-Guy Soh, USAID Contracting Officer

CC: Kaya Adams, Mission Competition Advocate

[While the J&A does not need to be reviewed or cleared by the Agency Competition Advocate, the CO must send a courtesy copy of the J&A to justificationsanda@usaid.gov and to

Outbreak_EPP@usaid.gov.]

FROM: Jean-Pierre Sangwa, Contracting Officer’s Representative (COR), Education

Office

DATE: June 18, 2020

RE: USAID/DRC Accès, Lecture, Redevabilité et Rétention! Activity 1 (A!1), Contract No. AID-660-C-15-00001

SUBJECT: Justification for Other than Full and Open Competition under the Expedited

Procedures Package (EPP) for Responding to Outbreaks of Contagious Infectious

Diseases

We request approval of this justification for use of other than full and open competition pursuant to the authorities under the EPP for Responding to Outbreaks of Contagious Infectious Diseases

(the “Expedited Procedures Package”), approved on March 24, 2020. Your approval of this J&A constitutes the justification for other than full and open competition as required by Tab 1

(Determination and Findings (D&F) Authorization for the Use of Other than Full-and-Open

Competition in the Award or Modification of Contracts) of the EPP.

a. Nature and/or description of the action being approved.

This is a request to approve the time and cost extension of the multi-year award AID-660-C-15-

00001 to Chemonics for a one-year period of up to $3 million of Tranche 4 Supplemental COVID-mailto:justificationsanda@usaid.gov mailto:Outbreak_EPP@usaid.gov

19 funding allocated by the AID/W COVID-19 Task Force to USAID/DRC’s Education Office for education programming

Under this action, Chemonics will provide a distance learning program, through an interactive audio instruction (IAI) model, to maintain the learning path of Congolese students who are affected by school closures due to the COVID 19 outbreak.

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

The time and cost extension requires the services of Chemonics to provide critical support to

USAID/DRC’s Education Office and the Government of DRC’s (GDRC) multisectoral COVID-

19 response plan to address education needs for a period not to exceed one year. In close collaboration with USAID/DRC’s Education Office and the GDRC, the contractor will:

• Provide interactive audio instruction (IAI) to maintain the learning path of students in existing programming areas.

• Mitigate dropout of learners, particularly the most vulnerable, and potentially reach those learners who traditionally did not access in-person instruction.

• Convert existing Teaching and Learning Materials (TLMs) into sets of audio lessons, which include time for facilitated interactive exercises.

• Partner directly with the Directorate for school programs and teaching materials

(Direction des Programmes et Matériel Didactique - DIPROMAD), community radios, and community organizations.

• Provide a limited amount of equipment including MP3 players, USB keys, batteries, as well as solar radios for community liaison focal points (Relais Communautaires) to broadcast lessons to families with no access.

• Purchase SMS functionality to allow two-way messaging and collect data.

• Sequence the development of three lessons per level per week per local language for

16 weeks (estimated 192 lessons in total), each of which will range from 30-45 minutes long.

Furthermore, the contractor’s intervention has the following objectives:

• Objective 1: Development of radio lessons in Lingala (Kinshasa) and Kiswahili (for

North-Kivu and Haut-Katanga) for 1st and 2nd grades and CRS 1 based on adaptations of the guides, booklets and textbooks already developed by Accelere! 1

• Objective 2: Development of new radio lessons during Phase 1 in Kiswahili for the target students of Beni and Butembo (1st and 2nd grades).

• Objective 3: Support the physical and psychological wellbeing of learners, their families, and educators and provide information on COVID-19 and its impact on students, families, households, and communities.

c. Identification of statutory authority permitting other than full and open competition.

AIDAR 706.302-70(b)(3) and 40 U.S.C. §113; See the “Expedited Procedures Package for

Responding to Outbreaks of Contagious Infectious Diseases” approved March 24, 2020. The

D&F is attached to this file in Tab 1. The EPP can only be used for an Infectious Disease

Outbreak, as defined in paragraph 2 of the D&F (Tab 1). The COVID-19 outbreak was declared a Public Health Emergency of International Concern by the World Health Organization (WHO) on January 30, 2020 and therefore the class D&F applies to COVID-19 emergency response activities.

d. A discussion of the proposed contractor’s unique qualifications or the nature of the acquisition that requires use of the authority cited.

On March 19, 2020, the Congolese president announced that all elementary schools, universities, and other learning centers would close initially for four weeks as a preventive measure to reduce contamination risks. As schools presently remain closed, millions of

Congolese children are out of school. This is the first time DRC has shut down schools nationwide and it is unprepared for the immediate and potential long-term consequences. In a country with limited public services, several ongoing armed conflicts, and a precarious political and security situation, consistent quality education provides normalcy, stability, security, and hope to the population. To that end, it is paramount to support the GDRC without delay in their quest to find alternative teaching methods during this global pandemic. In addition to falling behind at school, Congolese out-of-school children are at a higher risk of recruitment by armed groups, sexual and gender-based violence and exploitation. Furthermore, once children are out of school, they may never return and are at risk of being recruited by armed groups or forced into exploitative situations.

USAID/DRC received $2 million in COVID-19 supplemental funding to address the education crisis in DRC as a result of the pandemic. Use of USAID’s current education award with

Chemonics is the only way in which to undertake this work in an expedient manner. Under their current award, they have already been able to begin a pilot response, which the proposed work herewith builds upon. If USAID/DRC were to engage in full and open competition or otherwise engage a new awardee to initiate this activity, USAID would likely miss the opportunity to provide the necessary assistance in response to the COVID-19 pandemic, for which the funds were appropriated.

In the last five years, Chemonics has been implementing a primary education initiative to improve equitable access to education and learning outcomes for girls and boys in DRC. Chemonics is geographically present in at least 27 education sub-provinces across six target provinces (Katanga, Kasaï Occidental, Kasaï Oriental, Equateur and North-Kivu). With fully operating offices, qualified staff, and a network of communities who are responsive and very familiar with their work, they are equipped to quickly step-in in emergencies. By way of example, their response in

Beni and Butembo filled a gap in basic education and psycho-social support for Ebola-affected communities.

Chemonics has also established good working relationships with education authorities at national and provincial level, as well as with school inspectors and directors. Also, Chemonics has an in-depth knowledge of teaching and learning materials, as well as rapid education emergency responses, and is poised to respond without delays.

e. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable.

No other sources were solicited. This is an emergency situation and an emergency response is required. It is extremely unlikely to draw interested partners given the short timeframe and budget of this action. The Government and the Ministry of Education are not prepared and do not have the financial resources to respond to a crisis at such a scale. Congolese children need immediate support with the least possible delay. Therefore, every day is valuable to keep children engaged in learning. Objectively, Chemonics has achieved program results for the past five years. It is very unlikely that any other candidate can match Chemonics’ immediate response capacity, geographical presence and flexible delivery.

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

All proposed activities falling under this action and their attending budgetary expression will be properly evaluated for technical merit, cost realism and reasonableness prior to award. The cost review outlined above will be based on historical data, the IGCE prepared by the technical team, and other cost estimation techniques.

Furthermore, the contractor has been the implementing partner for a $133,999,430 award over the past five years. The contractor has proven to accurately reflect costs for staff salaries and invoices that are accurately in line with the DRC market.

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.

Market research was conducted prior to the original award. Given the urgency of this requirement in response to the COVID-19 crisis, it is not feasible to select another contractor who is familiar with the breadth and scope of the work to be undertaken and currently present in the selected program implementation zones.

h. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

Publication of a notice is not required per the determination at AIDAR §705.202(b) and AIDAR

706.302-70(b)(3)(i) (3)(i) which authorize the use of other than full and open competition for “An award for which the Assistant Administrator responsible for the project or program makes a formal written Determination and 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”

i. 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.

All awards in USAID/DRC’s Education Office are fully competed. Both activities that follow the

A!1 award, as well as the other Accelere-suite of awards are in the process of being fully competed.

In addition, in this response to the COVID-19 outbreak USAID will intensify efforts to build the technical and institutional capacity of local organizations to participate in key activities, similar to what the Education Office has done while responding to the Ebola crisis in the East, as it is anticipated that strengthening their capacity will expand the pool of potential offerors for future procurements and enable wider competition among local organizations.

RECOMMENDATION

It is recommended that you approve this justification for use of other than full and open competition pursuant to the “Expedited Procedures Package for Responding to Outbreaks of

Contagious Infectious Diseases”, approved on March 24, 2020. 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 EPP.

Ecl. Tab 1- EPP D&F for the Authorization of Less than Full and Open Competitive Procedures in the Modification or Award of Contracts.

CERTIFICATION:

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

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

b. The D&F Authorization for the Use of Other than Full-and-Open Competition in the

Award or Modification of Contracts under the Expedited Procedures Package for

Responding to Outbreaks of Contagious Infectious Diseases” approved on March 24, 2020. (attached in Tab 1).

The Contracting Officer is the Approving Official based on the authority given under the EPP.

However, a separate Contracting Officer certification is not required per AIDAR 706.302-

70(c)(1).

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.

_Jean-Pierre Sangwa_________________ June 1, 2020_____________

Technical Officer Date

APPROVAL:

Contracting Officer Date:

CLEARANCE:

RLO or GC/A&A Date: