JA TEC increase Juarez and Associates - 6.2.2020 - public version.pdf

JUSTIFICATION AND APPROVAL (J&A)

TO: Adam Cox, Contracting Officer

THROUGH: Vikki Stein, Health and Education Office Director

FROM: Bart Pogue, COR, Lifelong Learning Project

DATE: May 28, 2020

RE: Request to increase the total estimated cost, extend the period of performance, and modify the Statement of Work of the Lifelong Learning Project, Contract No. AID-520-C-14-00001 with Juarez & Associates

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.

USAID awarded the Lifelong Learning Project (the project) on March 27, 2014. The project's main objective is to improve reading results and increase educational access to disadvantaged populations, especially indigenous children and young people (15 to 24 years old) who are no longer in the school system. The project’s work is organized into two areas: Component A) Learning to Read, and Component B) Education for Employment and Lifelong Learning. The project’s main partner to achieve these goals is the Ministry of Education (MOE). The project’s original completion date was January 31, 2020, but it received a no-cost extension through September 30, 2020 to continue advancing on specific objectives with a smaller core team of personnel.

Leading up to the transmission of COVID-19 to Guatemala, the project was focused on working with the new government of Guatemala administration, which took power on January 14, 2020, to achieve shared objectives. Then, on March 15, 2020, the president of Guatemala declared that schools would be closed for at least three weeks as a measure to restrict the spread of COVID-19 and gatherings were restricted to no more than 10 people. In response, the MOE, working closely with the Education Cluster, managed in Guatemala by UNICEF and Save the Children, activated the Risk Governance System with three active lines of action:

1. Curricular updates and attention to students in the educational system

2. Institutional response planning

3. Monitoring, analysis and systematization of information

Subsequently, school closures were extended and students have now spent more time out of school than in school during the 2020 school year which started in January. To provide continuity of learning during the extended school closure, the MOE launched the “I Learn at Home” strategy and enlisted the help of the Education Cluster for support within various working groups. This strategy provides a mix of modalities to offer students opportunities to continue their learning during the school closures, including radio and television programming, online modules and digital resources, and self-learning guides.

The project has been able to support the MOE’s immediate response to the crisis under the three lines of action in a limited way with current resource and time constraints, for example, providing digital teaching and learning materials aligned with the curriculum to post on the “I Learn at Home” web portal. In addition, with an official redirection of funds, USAID has been able to respond through the project to a specific request from the MOE to overhaul the alternative education website and better meet demand for alternative education during and after this crisis. This is an expansion on what the project had already been working on with the MOE to prioritize and develop a systematic approach to expand educational programming for out-of-school youth. The effective operation of such a system, as well as preparation to shift to distance learning modalities, is exactly what is needed in times of infectious-disease outbreaks when schools are closed and students must stay at home.

HEO requests that the Contracting Officer enter into negotiations with Juarez & Associates to increase the total estimated cost by $1,500,000 from $29,817,139 to $31,317,139, extend the period of performance by one year from September 30, 2020, to September 30, 2021, and modify the Statement of Work of the Lifelong Learning Project, Contract No. AID-520-C-14-00001 in order to more effectively support the MOE’s response to the disruptions to the Guatemalan education system caused by COVID-19 and preparation for future infectious-disease outbreaks.

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

The specific SOW modifications requested fall under two categories related to providing support to the MOE on its response to COVID-19 and preparation for future crises for a total amount of $1,500,000 as follows:

Response and Recovery

● Provide technical assistance to the MOE in the response to COVID-19 for general coordination, continuity of learning through the “I Learn at Home” strategy, and planning for the return to school and completion of school years 2020 and 2021.

● Provide technical assistance to the MOE’s general directorates of curriculum and alternative education to update curricular standards and competencies as necessary, adapt and digitize aligned resources, create a guide to COVID-19 and infectious-disease outbreaks, and expand resources on social and emotional learning.

● Provide technical assistance to the MOE’s general directorate of monitoring and quality control and the teacher coaching system to ensure students return to school (especially girls and indigenous children and youth) and receive high-quality instruction when schools reopen.

Preparedness and Planning

● Provide technical assistance to the MOE’s vice ministry and general directorate of alternative education to strengthen and expand alternative education modalities, provide more flexibility, and ensure capacity for continuity of learning through crisis.

● Provide technical assistance to the MOE’s general directorate of educational research and assessment to document the impact of COVID-19 on learning and conduct learning assessments in early grades.

● Provide technical assistance to the MOE to revise official pre-service and in-service teacher training programs to better prepare teachers to switch to alternative teaching modalities during times of crisis and continue monitoring the learning process.

● Provide technical assistance to enhance MOE capacities to digitize, print, store, and deliver teaching and learning materials to prepare for times of crisis.

● Work with the university consortium to coordinate provision of social and emotional learning for student, teacher, and parent well-being after COVID-19 and in preparation for other times of crisis.

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.

USAID/Guatemala needs to continue and accelerate this existing activity beyond its present scope, total estimated cost, and award completion date to support the MOE in its response to COVID-19 and preparation for future infectious-disease outbreaks. It is in the best interest of USAID to continue this activity as the contractor has the expertise and institutional buy-in to immediately respond to this emergency and propel sustainable system strengthening in the months ahead.

The contractor, a small business, has a history of very good performance in Guatemala. USAID has been more than satisfied with the results of their work on past projects. Juarez & Associates has very good records projecting expenses, hiring capable staff, building relationships with the MOE, and managing sub-grants and sub-contracts. Performance in these areas has been recognized by the COR in the CPARS (Contractor Performance Assessment System), which have always included ratings of very good in the areas mentioned above.

The contractor consistently adapts to the USG's priorities without compromising on contractual obligations. The contractor is detail-oriented currently exceeding expectations in the performance of its technical duties and ability to respond to time-sensitive and high profile requests.

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

A Request for Proposals was issued for a full and open competition in 2013, resulting in an award to Juarez & Associates. Per AIDAR 705.202(b), information regarding the proposed action was not publicized as advance notice is not required. The EPP authorizes the use of other than full and open competitive procedures (pursuant to AIDAR 706.302-70(b)(3)(ii)) when issuing or modifying contract awards to respond to an Outbreak. In accordance with FAR 6.305(a), this justification will be made publicly available within 14 days after the modification to the contract is signed.

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

The Contracting Officer reviewed the history of costs for this award and all costs are considered fair and reasonable. Detailed cost analysis and cost realism reviews were performed when the original award was negotiated and will be performed for the proposed TEC increase as well.

Additionally, the contractor has a proven record of forecasting accurate expenses and performing precise cost projections. Based on the above, the Contracting Officer has determined that the anticipated cost to the government for the TEC increase will 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 not conducted. 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.

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 no sources submitted a written expression of interest in this acquisition .

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.

In this urgent response to the COVID-19 outbreak, USAID will intensify efforts to expand support to the MOE to immediately respond to COVID-19 strains on the system, adapt and complete the school year, and strengthen the system, especially alternative education and distance learning modalities, in preparation for future crises. It is critical to improve the MOE’s capacity to continue delivering education during times of crisis and seamlessly restart normal operations when the crisis is over.

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.

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.

______________________________ _5/28/20______ Barton Pogue/COR Date

APPROVAL:

Adam Cox/Contracting Officer Date:

CLEARANCE:

Victoria Stein__________________ _5/30/20_____ Vikki Stein/HEO Director Date:

_____________________________ _6/1/20______ Stacie Theron/RLO Date:

Adam B Cox (affiliate) Digitally signed by Adam B Cox (affiliate) Date: 2020.06.02 08:51:09 -06'00'