Justification and approval for Taskforce Support contract.pdf

TO: Gwen Ruffin, OAA

CC: Deborah Broderick, Competition Advocate

Kenneth Staley, COVID-19 Task Force Director

FROM: Jason McNabb, COR, HCTM

DATE: June 2, 2020

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION UNDER

THE EXPEDITED PROCEDURES PACKAGE FOR RESPONDING THE

OUTBREAKS OF CONTAGIOUS INFECTIOUS DISEASES

RE: Modification to Contract AID-OAA-M-16-00019 Deloitte Consulting, LLP

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.

This is a request to approve a contract modification to expand the current scope of work of AID-OAA-M-16-00019 with Deloitte Consulting, LLP and increase the current total estimated cost of the contract by $547,743 from $63,112,044 to $63,659,787. The period of performance will not change and the contract will end October 9, 2021.

b. Under this action, Deloitte will immediately provide program management support to the Agency’s COVID-19 Task Force. The estimated cost of the expanded services is $547,743 through September 30, 2020. A description of the

Justification for Modification of contract #AID-OAA-M-16-00019 with Deloitte Consulting LLP, using COVID-19 noncompetitive actions under the EPP for Responding to Outbreaks of Contagious Infectious Diseases supplies or services required to meet USAID’s needs (including the estimated value).

Given the severity of the Coronavirus pandemic, USAID has implemented its Continuity of Operations Plan and has:

● ordered all Washington, DC-based staff to work remotely to avoid being exposed to or spreading the virus;

● conducted mandatory evacuations from some particularly tenuous posts, bringing employees and their families back to the United States;

● permitted authorized departure for other employees because of personal health needs or other considerations; and

● permitted, following Department of State policies and protocols, other employees and their families to safe haven at post.

USAID’s COVID-19 Task Force consists of over 150 people driving eight project teams toward objectives responding to the coronavirus disease and the impacts it has had on the agency’s mission, workforce, and agency operations. In addition, this Task Force is focused on ensuring the continuity of the Agency’s mission and preparing for the eventual transition of Agency operations back to a normal state while maintaining safe standards, ensuring all employees have the flexibilities needed to protect themselves and others from any harm.

To coordinate these efforts, the Agency is in need of project management support to integrate, track, and report on the progress each team is making toward its objectives. The specific activities will include:

● Advising the COVID-19 Task Force (TF) on project planning, execution, and delivery management using industry best practices for Program Management Office (PMO) governance frameworks, methodologies, processes, and tools

● Advise PMO team under the TF Executive Office

● Work with stakeholders from various USAID and TF teams to document milestones and other program-wide efforts

● Work with TF leads to transform objectives and lines of effort into functional tasks and documented business processes

● Provide recommendations on direction to ensure that strategic and tactical plans reflect TF mission needs and priorities

● Support staff in meeting all program deliverables and milestones

● Conduct special projects, research, analysis, and reports

● Create presentations and meeting materials, as needed

● Proactively engage with clients to identify challenges, recommend solutions and manage expectations

● Work with stakeholders from the Global Health Bureau and other USAID offices and TF teams to track and report on budget and supply chain information flows and recommend process improvements, as applicable

The estimated budget for supporting the COVID-19 Task Force through its current authorization of September 9th, 2020 with additional time and budget for close-out support through September 30th, 2020.

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.

Deloitte has been supporting the implementation of USAID’s HR Transformation for more than three years, and over that time has amassed a deep understanding of Agency processes and has demonstrated the ability to mobilize teams and units to fulfill a variety of needs, including support to HCTM on various COVID related actions. This expertise coupled with their understanding of USAID procedures and the time sensitivity of Task Force requirements positions them as the best possible resource for the Agency to utilize at this point in time.

Furthermore, Deloitte staff already have security clearances and would bypass the months long process of obtaining them. Without the authorization to conduct this additional work through an increase in the TEC of Contract AID-OAA-M-16-00019, the Agency would jeopardize the Task Force’s ability to fulfill its strategic priorities and goals during the COVID Pandemic.

Due to the Contractor’s track record over the last three years and its ability to produce expert consultants that fit the Task Force Program Management Office requirements, they are the most time efficient and cost effective option.

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

Due to the urgent time sensitivity of the COVID-19 Task Force needs, there is no other available contractor that can fill in the gaps as rapidly as needed. As a result, no other offers for this work have been solicited.

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

An illustrative budget for the additional support has been prepared using the currently negotiated rates for similar services. The costs are in line with current industry costs and have been deemed fair and reasonable. The labor rates for the work described above are included in Deloitte’s contract with USAID. The contract was awarded competitively and the costs have been determined to 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 through a competitive process.

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.

Throughout the urgent response to the COVID-19 outbreak, USAID will continue to intensify efforts to ensure competition to the maximum extent practicable, including from new partners.

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.

____________/S/______________ ____06/03/2020____ Jason McNabb, Sup. Program Officer Date

COR, HCTM

APPROVAL:

_____________/s/____________________ 06/04/2020 Gwendolyn Ruffin, Contracting Officer, OAA Date

CLEARANCE:

___________/S/_____________________ 06/05/2020 Bob Leavitt, HCTM/CHCO Date

_______Cleared_________________ 06/04/2020 Diane Perone, GC/A&A Date

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