JA SCALE-AE.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION (J&A)

TO: Deborah Broderick, Agency Competition Advocate

FROM: John Piggott, Contracting Officer’s Representative, Environment Office USAID/ Philippines, Pacific Islands and Mongolia

SUBJECT: Justification and Approval for Other than Full and Open Competition (J&A) Global Architect-Engineer Services II Indefinite-Delivery, Indefinite-Quantity (A&E IDIQ) No. AID-OAA-I-15-00049/TO No.

72049220F00002 Solomon Islands Strengthening Competitiveness, Agriculture, Livelihoods and Environment (SCALE) - Architecture and Engineering Support (A&E) Activity

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) Full and open competition need not be obtained when it would impair or otherwise have an adverse effect on programs conducted for the purposes of foreign aid, relief, and rehabilitation.

This document was prepared by the USAID/Philippines, Pacific Islands, and Mongolia Environment Office for the Solomon Islands Strengthening Competitiveness, Agriculture, Livelihoods and Environment (SCALE) - Architecture and Engineering Support (A&E) Activity.

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

This is a request to appro ve the modification of T ask Order No. 72049220F00002 awarded to Green Powered Technology LLC (GPTech), a SBA 8(a), Veteran Owned firm on September 28, 2020. The modification will extend the contract’s period of performance by one (1) year from September 30, 2022 to September 30, 2023; and increase the Total Estimated Cost by $764,00 from $5,000,000 to $5,764,000.

This extension will afford Green Powered Technology LLC (GPTech) to complete the construction blueprints and the oversight of approximately eleven (11) small-scale constructions related to agribusiness facilities on the island of Malaita Province in the Solomon Islands. This will further mitigate any construction risks by providing Construction Oversight and Quality Verification to ensure the successful execution and completion of construction by a qualified inspector. This was one (1) of the eleven (11) identified critical success factors for USAID construction activities which serves as the foundation for the Agency’s approach to managing construction risk ( ADS 201maw ).” USAID/Philippines, Pacific Islands, and Mongolia is a regional Mission based in Manila with no direct access to the construction sites in the Solomon Islands. As such, GPTech will provide Architecture and Engineering oversight as required by ADS 201maw on behalf of USAID for small scale constructions that will be implemented by a different contractor under the technical oversight of the USAID/COR.

The request to approve a one year extension and a TEC increase of $764,000 to the Task Order is essential to the success of the implementation of the SCALE program and Pacific American Fund activity. This extension is necessary to offset the delays encountered by the contractor as travel to the country and within Solomon Islands was restricted during the pandemic. GPTech has established a solid relationship with the national and the local government. As such, GPTech’s finalization of the design, completion of the construction drawings, assistance to the Pacific American Fund activity in (1) the preparation of award(s) to construction contractors, (2) the evaluation of construction proposals, and (3) performance of Quality Assurance Oversight for USAID during the construction phase are all crucial in this extension. In addition, GPTech will provide transactional support in the form of advice and guidance to the Solomon Islands government (SIG) on the three larger infrastructure projects to be funded and built by the SIG. All of these actions are within the original scope of the award.

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

A one year time and cost extension in the amount of $764,000 is required to enable GPTech to carry-on the SCALE A&E services per the scope of work and specifically carry out two of the most important undertakings of this activity: (1) transactional support to the implementing partner who will be responsible for the constructions, and (2) provide construction oversight on behalf of USAID for the eleven (11) agribusiness facilities in Solomon Islands.

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

Agency for International Development Acquisition Regulation (AIDAR) exception at AIDAR 706.302-70(b)(5) Impairment of foreign aid programs permits 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:

Over the last year and half of implementation, the contractor has conducted a series of assessments and feasibility studies in collaboration with local officials in Solomon Islands to develop and produce the much-needed designs for the small-scale infrastructure which will be implemented by another contractor. In the context of building a relationship with local and national government it is crucial to obtain the greenlight to implement this activity.

GPTech has established offices in Honiara and Auki and has spent the past year and a half building strong relationships with the national and local government, intended beneficiaries, and community leaders which resulted in gaining their trust and establishing a relationship.

However, COVID-19 travel restrictions 1) slowed down GPTech staff travel within the country, 2) hampered local officials in organizing a selection process to identify potential agribusiness sites, and 3) created significant challenges for GPTech in hiring technical experts on the ground due to lack of capacity. All of these factors severely impacted and delayed the implementation of activities under the task order.

GPTech is a Small Business 8(a), Veteran-owned firm that has a background in sustainable energy, infrastructure. It is also a development firm that provides U.S. and global consulting services through provision of high-caliber expertise in clean energy design and deployment, energy engineering, transportation engineering, infrastructure support, public-private partnerships (PPPs), and other private sector engagement services. GPTech’s current staff and subcontractors’ geographic experience covers the United States, and other countries, including the Southern Pacific region and South-West Pacific region. As such, GPTech is well positioned to be the qualified architectural and engineering services contractor supporting the SCALE project in the Pacific Islands.

T he original order was competed amongst the three small business IDIQ holders and GPTech was the only one who responded and more than meets the qualifications required. The other two firms were either non-responsive or could not provide an updated qualifications statement on time and withdrew their submission. Extending this Task Order is in the interest of economy and efficiency, and is essential given the implementation phase accomplished under this activity, the required logistics, and the established network/relationship with host government officials and community leaders. Recompeting this requirement would have high-cost implications, would be detrimental to the U.S.

government, and would heavily impact two activities. The new contractor would 1) need to seek approval from host government officials to work in the Solomon Islands, a process that takes 6-9 months, 2) build a relationship with each community, 3) familiarize itself with the design and construction sites, and 4) mobilize adequate personnel to administer and manage the award. Extending the Task Order would ensure the completion of all pending designs, guarantee a seamless transition of design to the implementing contractor, and provide quality assurance of upcoming constructions with the least amount of additional cost.

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].

A synopsis was posted in SAM.gov for 15 days to inform the public of the re-procurement of the services provided under the scope of work. USAID received no expression of interest.

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

GPTech’s proposed cost of $764,000 for the one-year extension to secure finalization of construction design and oversight of construction were reviewed and compared against the Contractor’s existing cost structure for the project. The Contractor’s proposed costs in undertaking these activities were also evaluated against the independent government cost estimate (IGCE) to ensure they are adequate and provide the best value to the government.

Based on these comparisons, the Contracting Officer has determined that the anticipated costs of engaging the same Contractor to accomplish the proposed completion of activities to the SCALE A&E and Pacific American Fund, are fair and reasonable.

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

The market research conducted prior to the issuance of the task order solicitation is still relevant and revealed that use of the A&E IDIQ was the appropriate approach. Of the three small business IDIQ holders that competed, GPTech was the only one who responded and more than met the qualifications required. Current market research has not identified a more appropriate procurement solution for this activity. Moreover, no other architecture and engineering firms have obtained Government approval to operate in the country nor have any other engineering firms established a strong relationship with the community being served.

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

The selection of sites for the small-scale infrastructure was made in collaboration and agreement with the SIG, particularly the Malaita provincial government. Fulfilling the U.S.

Government’s commitment to provide the much-needed assistance to the host country is very impo rtant in that it responds to the Indo-Pacific strategy that the U.S. Government put in place. It is thus imperative for the activity not to lose its momentum and maximize the benefits of having an established relationship and the progress being made both by the host government and USAID in this endeavor. Compliance with the full and open competition procedures, while much preferred, would impair foreign assistance objectives, and would be inconsistent with the fulfillment of the two foreign assistance activities. More specifically, compliance with the full and open competition procedures will result in substantial additional costs to the US government and would further result in unacceptable delays. It must be emphasized that deploying or hiring a new contractor would require familiarization of the sites and conditions on the ground and re-establishing meaningful relationships which cannot be obtained overnight. As outlined above, a new contractor would 1) need to seek approval from host government officials to work in the Solomon Islands, a process that takes 6-9 months, 2) build a relationship with each community, 3) familiarize itself with the design and construction sites, and 4) mobilize adequate personnel to administer and manage the award.

Extending the Task Order would ensure the completion of all pending designs, guarantee a seamless transition of design to the implementing contractor, and provide quality assurance of upcoming constructions with the least amount of additional cost. In addition, the ability of a new contractor to establish a relationship with the SIG is not guaranteed and could possibly further delay the implementation of the project. The USG priority is to sustain the flow of activities in the Pacific Islands while working relationships with the host country government are positive and the opportunity for planned development exists.

Furthermore, recompeting this requirement does not guarantee that a qualified firm would be readily available to take over at a cost less than the one proposed by GPTech. In addition to the factors outlined above, two additional factors would immediately impair a new contractor’s ability to begin implementing the ongoing activities in a timely and cost-effective manner. First is the difficulty in obtaining a license to operate in the country.

For example, GPTech was only able to mobilize in 2021 after months of building relationships with various government entities while complying with several administrative requirements imposed by both the local and national governments. Second is the continuing restriction on foreign national travel to the Solomon Islands, particularly to render aid services to the country. USG personnel and contractors alike face tremendous challenges in securing visa entries to the country. Operating conditions like this would discourage potential offerors to compete for this requirement. And wit h several time-sensitive activities that need immediate action or need to be completed as soon as possible, it is in USAID’s best interest to carry out the activities described above with the current Contractor and move to a new open procurement for continuation or future requirement.

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

A synopsis was posted in SAM.gov for 15 days to inform the public of the re-procurement of the services provided under the scope of work. No expression of interest was received in response to the publicized notice.

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/Philippines, Pacific Islands, and Mongolia Mission will ensure that all subsequent requirements for similar goods and services will be competed to the extent practicable.

12. Technical or Requirements Personnel Certification:

In accordance with FAR 6.303, I hereby certify that the technical statements included above and which form a basis for the justification are complete and accurate.

/s/ John Piggot 8/23/2022 John Piggott, Environment Office Date

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.

/s/ Stéphane C. Bright 8/23/2022 Stéphane C. Bright Date

14. Approved:

Deborah Broderick Date Agency Competition Advocate

DEBORAH RYAN BRODERICK

(affiliate)

Digitally signed by DEBORAH RYAN BRODERICK (affiliate) Date: 2022.08.30 15:22:53 -04'00'

Internal Agency Clearances:

/s/ Michelle A. McLeod 8/23/2022 Michelle McLeod, Resident Legal Officer Date