Justification and Approval.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION (J&A)

To: CHCO/Bob Leavitt

From: Sherinette Solomon, COR, HCTM/CPD

Subject: Justification and Approval (J&A) for Other Than Full and Open Competition to Extend the Period of Performance (PoP) for Task Order AID-OAA-TO-15-00038 with Research Triangle Institute (RTI)

1. This document sets forth the facts and rationale justifying an exception to full and open competition in accordance with Authority 40 U.S.C. 113 and AIDAR 706.302-70(b)(3)(i) which states that “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.”

This document was prepared by USAID/Human Capital and Talent Management, Center for Professional Development (HCTM/CPD) to extend the Period of Performance (POP) of the Task Order for Core Courses No. AID-OAA-TO-15-00038 under the Worldwide Training (WWT) IQC No. AID-OAA-I-14-00005 which expired March 30, 2019.

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

This is a request for a twelve-month noncompetitive modification to extend Task Order AID- OAA-TO-15-00038. This task order is a major contractual vehicle utilized to provide technical Training & Facilitation Services to all DC Metropolitan and Mission staff. The current award period is May 1, 2015 – September 30, 2020. This Task Order expires on September 30, 2020;

therefore, an extension of twelve (12) months is requested to extend the period of performance (POP) from October 1, 2020 to September 30, 2021. The ceiling amount will not be increased and will not change from $36,353,674.

3. Description of the supplies or services required to meet the agency’s needs, including an estimated value:

This Task Order #AID-OAA-TO-15-00038 is the vehicle utilized to facilitate training development, design and deployment services The Contractor will continue to provide services as outlined in the current SOW in delivery and facilitation of its Core Courses specific to

Acquisition & Assistance, Program Cycle, Budget & Resource Management, and Monitoring and Evaluation of programs in the field. In response to COVID-19 the Contractor will need to work on modifications to existing suite of courses, instructor-led/face-to-face training, to facilitate training in a virtual environment.

Under this award, Research Triangle Institute (RTI) provides Technical Training & Facilitation Services to all DC Metropolitan and Mission staff in the areas of: Contracting/Agreement Officer’s Representatives (COR/AORs), Federal Acquisition Regulations (FAR), USAID Automated Directives System (ADS), USAID policy updates, AID Acquisition and Assistance Regulations (AIDAR), and other applicable regulations, manuals, and directives. These services are provided by way of training design, development and implementation of new and existing courseware.

4. Identification of the statutory authority permitting other than full and open competition:

AIDAR 706.302-70(a)(2) states that “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.” Pursuant to AIDAR 706.302-70(b), this authority may be used for, “(3)(i) An award for which the Assistant Administrator responsible for the project or program makes a formal written determination, with supporting findings, 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.”

As provided in AIDAR 706.302-70(c)(3), the authority in 706.302-70(b)(3)(i) shall only be used when no other authority in FAR 6.302 and AIDAR 706.302 is suitable. HCTM considered the other FAR and AIDAR authorities for other than full and open competition in discussion with M/OAA prior to submitting this J&A, and no other authorities were deemed suitable for this action.

● AIDAR 706.302-70(b)(4) does not apply as these are not awards under Title XII of the Foreign Assistance Act of 1961.

● AIDAR 706.302-70(b)(5) does not apply as these are not ‘highly specialized services.’

● FAR 6.302-1 does not apply as there are multiple firms that provide monitoring and evaluation services and technical assistance.

● FAR 6.302-2 does not apply as this action does not represent an emergency or life-threatening situation; therefore it does not qualify as unusual and compelling urgency.

● FAR 6.302-3, 6.302-4, 6.302-5, 6.302-6, and 6.302-7 do not apply as this action and the services provided are not research capability or expert services, under an international agreement, authorized or required by statute, nor have impact on national security or public interest.

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

In an effort to mitigate disruption to the agency’s ability to ensure employees acquire and maintain certifications key to performing in roles as contracting and agreement officer’s representative (COR/AOR) in the field it is imperative the existing award is extended for a period of twelve months. This will ensure there is no disruption or stoppage of work aboard which will negatively impact USAID’s ability to continue to provide foreign assistance; which is extremely vital as we find ourselves in such a volatile and uncertain environment brought upon by COVID-19.

An extension of the existing award would allow USAID time to solicit full and open competition appropriately. The abrupt conclusion of the existing award for any period without a follow-on award in place would mean that newly hired employees whose role is to perform as an agreement officer’s representative (AOR) could not perform in this capacity without proper training. The impact of having untrained and unqualified AORs could be detrimental to foreign assistance as demonstrated through, unauthorized commitments, mismanagement of foreign assistance programs, and stoppage of vital foreign assistance programs.

In addition, with the impending culmination of the existing task order there would not be enough time to allow for exchange of materials and access to the repository of content as the vendor would not be under obligation to provide to the new incumbent without being under contract.

Our agency has become increasingly overwhelmed due to competing needs in foreign assistance and the need to support COVID-19 response. While the COVID-19 pandemic is not the sole factor for extending the period of performance, it has had a tremendous impact on foreign assistance in the field and Washington which has influenced the increased level of effort required to continue work on foreign assistance programs during a period where Foreign Service Officers (FSOs) rotate to new assignments. Many FSOs are being tasked to perform in roles to serve as AORs as some FSOs transition to onward assignments. Although these are intended to be interim roles FSOs still need to acquire the necessary certifications to perform officially in this capacity in order to ensure continuity of operations to our foreign assistance programs.

It is imperative to extend the period of performance to ensure the agency is able to maintain an agile and highly skilled workforce to ensure there is no disruption to our foreign assistance programs around the globe.

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 Federal Acquisition Regulation (FAR) 5.2.

The request for an extension in the period of performance is predicated on the need to maintain continuity of training related activities. Accordingly, offers from other potential sources are not warranted. AIDAR 705.202(b) prescribes that advance notice is not appropriate or reasonable for contract actions described in 706.302-70(b)(1) through (3). Per FAR 6.305, the Contracting

Officer will post this Justification and Approval for Other than Full and Open Competition on beta.SAM.gov.

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

HCTM does not intend to increase the contract ceiling and will apply the current rates in the contract. These rates were negotiated at the time the contract was awarded. The Contracting Officer has determined that these costs are fair and reasonable.

Based upon the preceding, the undersigned Contracting Officer has determined that the anticipated cost of the subject procurement to the U.S. Government is fair and reasonable per FAR 6.303-2(b)(7).

________/s/________ ____8/11/2020_____________________________ Gwendolyn Ruffin Contracting Officer Date

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

Market research was conducted in 2020. The information available in several MOBIS contracts which are located under the GSA Schedule indicated that the costs of many of the applicable labor categories far exceeded the rates for this current contractual vehicle by 15%.

9. Any other facts supporting the use of other than full and open competition. Throughout the life of the contract RTI has demonstrated its commitment to the overarching goals of the Agency as they have developed quality curriculum, maintained training support website, updated existing suite of Core Courses which are Instructor Led and Web Based Training (ILT/WBT), developed new ILT and WBT courses as and when necessary, reproduction of training materials, and support for conference organization and management when ordered.

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

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.

No barriers to entry are foreseen for future procurements. The Human Capital and Talent Management, Center for Professional Development (HCTM/CPD) team is in the planning phase of the follow-on activity for this upcoming requirement which will be competed utilizing a Category Management solution, with a BIC vehicle given priority.

12. Technical or requirement personnel certification:

In accordance with FAR 6.303-1(c), I hereby certify that the technical statements included above and which form the basis of the justification are complete and accurate.

_______________/s/______________________ 08/06/2020____________________ Sherinette Solomon, Technical Office Representative Date

Subject: Justification and Approval (J&A) for Other Than Full and Open Competition to Extend the Period of Performance (PoP) for Task Order AID-OAA-TO-15-00038 with Research Triangle Institute (RTI)

11. Clearance

__Cleared via email ______ __08/10/2020______

Legal Counsel Date Diane Perone

USAID/GC/A&A

12. Clearance In accordance with AIDAR 706.302-70(b)(3)(i)

Deborah Broderick Date Agency Competition Advocate

USAID/M/OAA/OD

See attached D&F.

Clearance provided electronically 08/11/2020