Justification and Approval for NCE- PANI.pdf

JUSTIFICATION AND APPROVAL (J&A)

TO: Marva M. Butler, USAID/Nepal Contracting Officer

CC: Deborah Broderick, Agency Competition Advocate

FROM: Kashmira Kakati, Contracting Officer’s Representative (COR)

Social, Environmental, and Economic Development (SEED) Office

DATE: June 11, 2021

RE: USAID’s Program for Aquatic Natural al Resources Improvement (PANI) Task Order No. AID-367-TO-16-00001

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

Procedures Package (EPP) for Responding to Outbreaks of Contagious Infectious Diseases USAID: Proposed no additional cost extension of the PANI Program from June 30, 2021, to August 16, 2021.

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.

A six week no additional cost extension to extend the period of performance of the Task Order AID-367-To-16-00001from June 30, 2021, to August 16, 2021, to accommodate activity implementation delays caused by the COVID-19 pandemic restrictions and permit smooth activity closedown. There is no change proposed to the TEC or the LOE. However, a budget realignment and revised LOE between Technical LTTA (senior and mid-level) and Technical STTA (senior and mid-level) is being requested through this J&A under the EPP authority.

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

The extended period of performance will allow PANI to complete five technical field activities, five in-kind grants, and achieve operational closedown in an orderly and safe manner.

The specific activities that will be completed during the no additional cost extension period are five Integrated Fish Farming grants that are part of PANI’s Covid-19 response from 2020;

PANI Task Order No. AID-367-TO-16-00001 Justification and Approval for No-Cost Extension five in-kind grants of equipment and supplies to local beneficiaries including community groups, an NGO, two Protected Areas and a university; and operational and administrative closedown.

The operational closedown activities that require in person presence include packaging files for shipment, office cleaning, and disposition of inventory. These activities need to be carried out with Covid safety protocols in compliance with DAI policies and procedures, while also conforming to USAID regulations.

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 on 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.

DAI Global Inc. has been implementing the PANI project since April 11, 2016. The Government of Nepal imposed a COVID-19 pandemic related lockdown in the country on April 29, 2021, which is still ongoing. The restrictions have caused unavoidable delays in project deliverables, and thus necessitates a no additional cost extension to ensure that pending tasks and activity closedown can be completed.

A direct award to a local Contractor is not considered because USAID does not deem any local Contractors capable of providing the highly technical and specialized services required in a timely and cost-effective manner. Further, it would also result in additional time, effort and cost if a direct award to a local contractor is considered as the option of a mechanism to proceed.

This is a Task Order under the Restoring the Environment through Prosperity, Livelihood and Conserving Ecosystem (REPLACE) Indefinite Delivery Indefinite Quantity Contract (IDIQ). Further, limited competition among the REPLACE IDIQ would result in delays that would further impact the COVID-19 response activities through grants that are already awarded (except one), but whose implementation was halted due to the lockdown. In the short time remaining for the activity to close, it is not reasonable, appropriate or practical to compete among the REPLACE IDIQ Holders and make a new award.

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

The Task Order with DAI Global LLC was partially competed and sourced among the Restoring the Environment through Prosperity Livelihood Conserving Ecosystem (REPLACE) Indefinite Delivery Indefinite Quantity Contract (IDIQ) Holders as required by

FAR 5.202(a) (6) [AIDAR 705.002] where the proposed contract action is a Task Order placed under FAR subpart 16.5. Because this is a modification of an existing award, the remaining tasks are responsive to the ongoing COVID-19 pandemic, and the activity is closing down, no attempt has been made to solicit proposals from other sources.

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

DAI is not requesting additional funds beyond the project contract ceiling, workdays ordered or approval for new tasks. There will be no increase in the total estimated cost of $24,904,744 to the Task Order No.AID-367-TO-16-00001 (PANI).

However, the budget realignment and revised LOE between Technical LTTA (senior and mid-level) and Technical STTA (senior and mid-level) which are fair and reasonable is being executed to this PANI Task Order.

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. The urgency of the no additional cost extension to be executed from June 30, 2021, to August 16, 2021 in the context of the COVID-19 restrictions does not allow for sufficient time to bring in new partners through a competitive award process. See also item “d” above for further details.

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 build the technical and institutional capacity of local organizations to participate in key activities, as it is anticipated that strengthening their capacity will expand the pool of potential offerors for future procurements and enable wider competition among local organizations.

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.

Ecl. Tab 1- EPP D&F for the Authorization of Less than Full and Open Competitive Procedures in the Modification or Award of Contracts.

https://www.acquisition.gov/content/part-16-types-contracts#i1103875

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.

June 11th, 2021 Kashmira Kakati, Technical Officer Date

APPROVAL:

Marva M. Butler, Contracting Officer Date:

CLEARANCE:

Cleared June 21, 2021 Mark Driver, Resident Legal Advisor Date: