JA 72066920F000002 P00003.pdf

JUSTIFICATION AND APPROVAL (J&A)

TO: Andrea Plucknett, Supervisory Contracting Officer, USAID/Liberia

CC: justificationsand@usaid.gov; Outbreak_EPP&usaid.gov

FROM: Zulfikar Gorar, WASH Advisor, USAID Liberia

THROUGH: Jessica Healey, Director Office of Health

DATE: November 25, 2020

RE: Task Order No AID-OAA-I-15-00052/ 72066920F00002 Network Expansion and

WASH Oversight.

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

Acquisition and Assistance Procedure Package (EPP) for Responding to Outbreaks of Contagious Infections Diseases.

We request approval for this justification for use of other than full and open competition pur

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.

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

This memorandum is to provide justification for and request approval for Other than Full and Open Competition for the Network Expansion and WASH Oversight program implemented by Tetra Tech to provide continuity of the management and financial support for the private sector operator of the three water utilities at Robertsport, Sannequellie and Voinjama for a total cost of $1,283,000.

estimated value).

water supply services, financially and technically. This also implies building on the achievements of the Liberia Municipal Water Program-II. Tetra Tech is implementing the InfraWASH program is expected to carry out the following activities.

To provide Management Support for Water Supply Services:

1. Liberia Water and Sewer Corporation (LWSC), has a legal mandate to provide water and sanitation services within municipal areas of Liberia. Tetra Tech will support LWSC to oversee management of the water supply services in three cities and continue subsidizing operational expenses as outlined in the Memorandum of Understanding (attachment 1), signed between USAID and the GOL. Based on a detailed analysis, the MOU recognizes the fact that the water utilities, need 2-7 years for full operational cost recovery and during this time the USAID and the GOL will share cost of subsidy. Tetra Tech will continue providing operational subsidies to the private operator, until such an agreed time to be specified by USAID. The methodology for the calculation of subsidies will remain the same as the one followed by LMWP II, this activity as well as activities described below, could not be completed under the previous LMWP II program because of COVID-19.

2. Conduct quarterly / periodic financial reviews of the financial transactions made by private sector operator; prepare and update a risk table and prepare and update the mitigation plan.

3. Under the LMWP II, LWSC was supported to establish a mobile-based IT billing system to capture customers, meter readings, send bills and collect revenue. A subcontractor has already executed the task, rolled out the system and trained LWSC, LSC and the private operator. However, testing and operation of the system, could not happen, due to the end of the LMWP II. Tetra Tech will work with LWSC to ensure that the system of billing and allied actions is fully rolled out and provide technical assistance, as and when required. Tetra Tech will continue providing oversight to the implementation of an ongoing outstation management contract (OMC), and ensure that the monthly Sustainability Monitoring Reports (SMR) prepared by LWSC are submitted to USAID within stipulated time.

4. Under the network expansion activity, USAID is providing subsidy to an initial batch of 500 household for getting a private water connection. The revenue generated is planned to be put in a revolving fund, which can be later used for additional household connections. The plan requires opening up of three escrow accounts to which repayment of loan to household and revenues are to be deposited. Two of the accounts have already been opened and streams of revenues are beginning to be deposited into these accounts. The principles for the operation of the revolving find the establishment of the accounts is enshrined in another MOU.Tetra Tech will provide overall oversight and operation of this activity as outlined in the MOU.

5. Submit a clearly outlined sustainability / exit plan for review by the USAID, within 3 months of the start of the activity. The plan should contain a business model with more than one underlying economic and financial assumption.

6. Convene regular monthly regular meetings with the LWSC and submit a report to USAID on the implementation of the activities 1 through 5.

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

AIDAR 706.302-

Acquisition and Assistance Procedures for Responding to Outbreaks of Contagious Infections ved March 24, 2020.

acquisition that requires use of the authority cited.

Tetra Tech possesses unique qualifications including understanding of the design, operations and working of the three water utilities. It has the historical knowledge and the contractor was involved in the design, construction and provision of the management support to these water utilities for the past two years, all relevant personnel and technical staff currently in place. This historical involvement, in depth knowledge of the internal processes and unique working relationship with the people and systems, puts Tetra Tech in a unique position of quickly mobilizing and continuing providing the services.

The activity implementation, leading to the sustainability of the utility operations, were significantly compromised, due to COVID-19. A ban on international travel and in country travel impacted completion of key deliverables like IT based management of finances, asset management. Additionally, the delay in connecting the household to piped water supply has made a shortfall in the revenue of water utilities, making it imperative to continue the work of LMWP-II where the project left it. Thus, a full and open competition in order to select a new award mechanism and establish an office with staff, will not be possible in an expedited manner, reducing the time that the gap on the provision of water supply services. Having this action awarded directly to Tetra Tech, will ensure rapid start-up and technically expert service.

capabilities and qualifications to provide the necessary support and services.

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

Publication of a notice is not required per the determination at AIDAR §705.202(b). No efforts were made to solicit from other sources.

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

By signing below, the Contracting Officer determines that the anticipated cost to the Government will be fair and reasonable due to the continued use of the same costs and scope as previously 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.

Market research was conducted, by reviewing all the current awards in the Mission to determine the capacity, scope and expertise of any implementing partner that can implement the services required. It was determined that the current award of InfraWASH has the requisite capacity and institutional knowledge and expertise to perform similar activities for water utilities. The over other implementing partners.

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

N/A

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.

The Mission intends that any future water supply service will be procured using full and open competition.

RECOMMENDATION

It is recommended that you approve this justification for the use of other than full and open competition pursuant

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.

Attachment: Memorandum of Understanding signed between USAID and the Government of Liberia.

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

2020. (attached).

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.

Zulfikar Gorar, WASH Systems Advisor, Date

APPROVAL:

Andrea Plucknett, Supervisory Contracting Officer Date:

CLEARANCE:

____ROW_________________ ___11/30/2020___

Ro Wietecha, RLO Date: