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 and Increasing the Ceiling for Training & Facilitation Award (Contract GS-10F-0245M, Order No. AID-OAA-M-15-00002) with Encompass, LLC

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 “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) and increase the Total Estimated Ceiling (TEC) of the Contract GS-10F-0245M, Order No. AID-

OAA-M-15-00002.

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

This is a request for a twelve-month noncompetitive modification to extend Contract GS-10F- 0245M, Order No. AID-OAA-M-15-00002. This task order is a major contractual vehicle utilized to provide technical Training & Facilitation Services to all DC Metropolitan and Mission staff. This Order expires on September 30, 2021; therefore, an extension of twelve (12) months is requested to extend the period of performance (POP) to October 1, 2021 to September 30, 2022. The ceiling amount will be increased by $6-million and will change from $13,087,540.15 to $19,087,540.15.

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

This Order No. AID-OAA-M-15-00002 is the vehicle that provides support in the areas of analysis design, development, implementation/facilitation of Agency specific courses and workshops. The Contractor, Encompass, LLC, delivers Agency proprietary, mandated and Contractor developed training. The Contractor provides other technical assistance around four

(4) main instructional areas: New Employee Training; Diversity, Equity & Inclusion Training;

Supervisory Training; and HCTM Staff Development Activities & other Technical Assistance.

In addition, the Contractor will assume responsibility delivery and facilitation of the Core Courses specific to Acquisition & Assistance, Program Cycle, Budget & Resource Management, and Monitoring and Evaluation of programs in the field that are currently delivered under another contract that will expire on September 30, 2021.

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

This award was previously extended twice using FAR 8.405-6(a)(1)(i)(C). This authority can no longer be used because, “The original order or BPA must not have been previously issued under a sole-source or limited-sources procedures.” This authority can only be used once. The authority most applicable to this mitigating circumstance is AIDAR 706.302-(70)(a)(2).

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.

Disruption to the contract would result in substantial delays and create a critical gap in onboarding new employees and training for all staff in the metropolitan areas and mission locations. An extension will allow the vendor to continue to address on-going and new training requirements, as a result of COVID-19; and provide services to the numerous offices delegated to design, develop and deliver mandatory training to all employees in accordance with the COVID-19 Return to Work Roadmap. Continuity of this award also ensures there is no disruption to onboarding new employees in the Foreign Service and Civil Service, to meet or exceed quotas set by OMB for USAID hiring in 2021 and 2022.

This award provides vital support to USAID’s Center for Professional Development (CPD) to focus its resources and activities to attain and maintain Agency training programs that integrate the objectives of its Global Workforce Learning Strategy (GWLS), The Agency’s Leadership Philosophy, and the Journey to Self-Reliance.

In an effort to mitigate disruption to the agency’s ability to ensure that employees acquire and maintain necessary certifications to act as contracting and agreement (COR/AOR) representatives 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 abroad, which will negatively impact USAID’s ability to continue to provide vital foreign assistance, particularly 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 acting as agreement official representatives (AORs), may not have proper training to act in this capacity. 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 the COVID-19 response. While the COVID-19 pandemic is not the sole factor for extending the period of performance, it has increased the level of effort required to continue work on foreign assistance programs, particularly during a period when Foreign Service Officers (FSOs) are rotating to new assignments. Many FSOs are being tasked to serve as AORs as the FSOs previously performing those roles transition to new assignments. Although these are intended to be interim roles, FSOs still need to acquire the necessary certifications to perform officially in this capacity to ensure continuity of operations in our foreign assistance programs.

It is imperative to extend the period of performance to ensure the agency can 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 intends 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).

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 2021. 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 percent.

9. Any other facts supporting the use of other than full and open competition. Throughout the life of the contract, Encompass, LLC 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 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.

Gwendolyn Ruffin, Contract

4/14/2021

Additionally, CPD recognizes the curriculum development expertise of Encompass based on industry awards, end of course surveys and favorable assessments by a third-party vendor working on HR Transformation. Encompass has also facilitated quality and engaging instructions, and produced comprehensive analysis critical to broadening the depth of learning experiences needed to develop employees, leaders, supervisors and managers globally.

Encompass’ most recent CPARS ratings were all above “Satisfactory”

Presently, HCTM is in the pre-procurement planning phase and projects the solicitation to be announced in October 2021, and awarded March 31, 2022.

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 Best-in-Class (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.

Sherinette Solomon, Technical Office Representative Date

Sherinette Solomon, Technica

4/14/21

Extend the Period of Performance and Increasing the Ceiling for Training & Facilitation Award (Contract GS-10F-0245M, Order No. AID-OAA-M-15-00002) with Encompass, LLC

1. Clearance

Legal Counsel Date Kit Miller

USAID/GC/A&A

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

Date

Deborah Broderick Agency Competition Advocate

USAID/M/OAA/OD

Legal Counsel

4/14/2021

DEBORAH RYAN

BRODERICK (affiliate)

Digitally signed by DEBORAH RYAN BRODERICK (affiliate) Date: 2021.04.23 09:49:54 -04'00'