Justification and Approval - RDAP Extension - Signed.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION (J&A)

TO: Trey Hicks, Assistant to the Administrator, AA/BHA

FROM: Michael Cournoyer, Contracting Officer Representative

SUBJECT: JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL

AND OPEN COMPETITION (J&A)

1. This document sets forth the facts and rationale justifying the use of other than full and open competition, in accordance with AIDAR section 706.302-70(b)(3)(i), impairment of foreign aid programs. This document was prepared by the Bureau for Humanitarian Assistance (BHA), U.S. Agency for International Development

(USAID). The cognizant technical office will be the Asia, Latin America, and

Caribbean (ALAC) Office.

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

This is a request to approve a one-year extension of the period of performance of the Regional Disaster Assistance Program (RDAP), Contract No. AID-OAA-C-15-

00125, Cost-Plus-Fixed-Fee Term contract, from December 18, 2020, to December

18, 2021. This will allow the BHA/ALAC office sufficient time to complete the full and open competitive process for the new five-year contract without disruptions to critical humanitarian response activities in the LAC region. This also requests a corresponding increase in the total estimated cost by $8,119,372 from $35,775,895 to $43,895,267. Under this action, the contractor, RTI, will continue to provide program management support, disaster response support, and

Disaster Risk Management (DRM) and Disaster Risk Reduction (DRR) capacity building, critical to the timely and effective delivery of humanitarian assistance in support of BHA’s foreign assistance objectives in the region.

A one-year extension is required for this action given the anticipated length of the recompete process for the new five-year contract. This is based on timelines that

BHA and Office of Acquisition and Assistance (OAA) have observed for other procurements and the likelihood that the COVID-19 pandemic, as well as emerging disasters in the LAC region, will continue to cause disruptions both for the procurement process and mobilization timeline for a new contractor. An extension for a period of less than one year is deemed inadequate to finalize the re-compete process and to have a new contractor fully mobilized and ready to begin providing services, which will impair foreign assistance objectives by undermining USAID’s ability to respond to disasters in the LAC region.

3. Description of the supplies or services required, including an estimated value:

Under this proposed action, RTI will continue to provide critical logistical, administrative, technical, training, and information support services to enable

USAID to effectively respond to sudden onset and complex emergencies throughout the LAC region. RTI maintains a regional network of Disaster Risk

Management Specialists (DRMSs), Sub-Regional Managers (SRMs) and thematic

DRMSs based in countries throughout the region, to coordinate technical assistance, build the capacity of local actors, and remain on standby during emergencies. In addition, RTI will maintain an on-call roster of approximately 400 local surge consultants throughout 27 countries in the LAC region, who can be activated within 24 hours when disasters strike.

The estimated value of this proposed action is $8,119,372.

4. The statutory authority permitting other than full and open competition:

Pursuant to 40 U.S.C. 113(e)(2) and AIDAR section 706.302-70(b)(3)(i), full and open competition need not be obtained for 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. No other authority provided in FAR 6.302 or AIDAR 706.302 is suitable for this action.

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

BHA is actively working with OAA on issuing a new competitive five-year contract.

While the competitive process has been underway, BHA staff have had to devote a significant level of effort to emerging humanitarian crises in the region, including

Hurricane Dorian and the COVID-19 pandemic, as well as for the Venezuela complex emergency response. BHA/ALAC staff were mobilized onto the Response

Management Team (RMT) and were deployed on the Disaster Assistance Response

Team (DART) for Hurricane Dorian and Venezuela, pulling staff resources away from the procurement process for the award of a new contract. Since these disaster responses were critical Agency and USG priorities, it was necessary for the LAC team to devote significant focus and staff time to response efforts. Further, due to unprecedented humanitarian needs around the world, staff throughout the office deployed on high-level humanitarian responses, and no additional staff resources were available at that time to devote to the procurement process.

The LAC region is currently confronting unprecedented challenges. In addition to the ongoing Venezuela crisis, the region is the hardest-hit region in the world by the

COVID-19 pandemic, and is at high risk of natural disasters, with 2020 having been the most active hurricane season in history, along with the continual threat of catastrophic earthquakes in locations like Mexico and Haiti. Given the significant impacts of COVID-19 in the region, likely to last well into 2021, the start-up phase for the new contractor will likely be protracted. BHA has observed program suspensions and delays with grantees throughout the region due to COVID-19 and would anticipate such challenges to be much more significant for a program as complex and geographically expansive as RDAP. For a new contractor to set up a new program of this scale and complexity in the midst of this current crisis would inevitably cause programming delays and a gap in services that would critically impair U.S. foreign assistance objectives in the LAC region. Without this two-year extension, BHA’s response to the ongoing Venezuela complex emergency, the

COVID-19 pandemic, hurricanes, and other unanticipated possible disasters will be hindered and BHA’s ability to respond to new disasters in the LAC region will be significantly reduced for an extended period of time.

This extension will allow RTI to continue to provide critical response functions through the COVID-19 pandemic until the new competitive five-year contract is in place and fully mobilized to begin operating in a more normalized context in 2022.

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 [AIDAR

705.2].

In accordance with AIDAR 705.202(b), Exceptions, the head of the U.S. Agency for

International Development has determined, after consultation with the Administrator for Federal Procurement Policy and the Administrator of the Small Business

Administration, that advance notice is not appropriate or reasonable for contract actions described in 706.302-70(b)(1) through (b)(3). BHA is actively working on the solicitation for full and open competition of a new five-year contract to provide similar services in the LAC region following this extension.

7. A determination by the Contracting Officer that the anticipated cost to the

Government will be fair and reasonable:

The Contracting Officer has reviewed the preliminary estimated budget and determined the proposed costs are fair and reasonable. BHA and the Contracting

Officer will evaluate the final cost proposal from the contractor, and the

Contracting Officer will make a determination that the costs are fair and reasonable in accordance with FAR 6.303-2(b)(7) prior to executing the award.

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

Market research was conducted to identify other options to address this gap in service. BHA reviewed existing options listed on GSA Advantage related to humanitarian assistance and emergency response services and determined that none currently exist that could deliver the required services across the LAC region.

Existing options on GSA Advantage for emergency response services are focused on responding to disasters domestically in the United States. The services available would not be appropriate options to provide the required humanitarian response services in the LAC region as they provide services of a different nature and lack the presence in the region. BHA has also reviewed the available GSA schedule contracts listed on GSA eLibrary as well as Government wide Acquisition

Contracts and has determined that no options exist that could provide the required humanitarian response services in the LAC region. Given the anticipated complexities in mobilization for a new contractor, particularly the challenges caused by COVID-19, market research has demonstrated other contractors would require an extended period of time beyond the current award end date to effectively mobilize and provide the required services. To avoid a gap in services and the impairment of foreign assistance objectives, it is in the interest of the USG to extend the current contract to ensure RTI is able to provide critical humanitarian response services during this particularly uncertain and complex time in the LAC region.

9. Other facts supporting the use of other than full and open competition:

The Latin American region has been the most severely impacted region in the world by COVID-19, which continues to hinder BHA’s ability to respond to the pandemic itself as well as other humanitarian needs. Due to COVID-19, USAID staff have faced travel restrictions imposed by most countries in the region, RDAP staff based throughout the region have proven to be essential, as it allows BHA to leverage staff already in-country in the event of a new disaster without needing to rely on international travel. These in-country RDAP staff have been able to provide essential situation reports to BHA following natural disasters, as well as continual reports related to the humanitarian impacts of COVID-19. Without an extension, BHA will no longer have access to such a network and often be left without any first-hand insight in the event of a disaster, and without rapid response options. This would critically impair US foreign assistance objectives as the work RTI supports is some of the highest-profile and most critical work undertaken by USAID. The mobilization of DARTs in response to new disasters receive wide-spread attention throughout the USG, domestic and foreign media, and the international humanitarian community. DARTs are the cornerstone of an effective and successful humanitarian response. In the LAC region, it would not be possible to have a robust DART without the critical support provided by RTI under this contract. A gap in services would therefore undermine the highest-profile and most notable example of USAID’s and

USG’s foreign assistance work in the LAC region.

The extension of the period of performance and ceiling increase is critical to ensure that USAID can fulfill its foreign policy objectives in the region and fulfill its mission to deliver urgently needed humanitarian and food assistance.

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

BHA received responses from 16 vendors in response to a Request for Information issued on August 22, 2019, for the new five-year competitive contract. However, due to delays caused by factors outside of BHA’s control including the response to

Hurricane Dorian, COVID-19, and other urgent humanitarian response priorities, BHA was unable to move forward with the procurement at that time. However, BHA plans to incorporate these responses into the upcoming procurement.

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:

Subsequent acquisition for the supplies or services required will be procured through full and open competition. BHA is currently in the planning phase in the re-competition process to replace this current contract.

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 a basis for the justification are complement and accurate.

11-19-2020

Technical Office Representative Date

Nicholas Kaufman

13. Contracting Officer Certifications:

I hereby certify that the justification is accurate and complete to the best of my knowledge and belief.

Digitally signed by Sonja Stroud-Gooden Date: 2020.11.24 20:04:33 -05'00'

Sonja Stroud-Gooden Date Contracting Officer

14. Approved/Disapproved

Approved Disapproved

Digitally signed by Clyde Hicks Date: 2020.12.03

09:07:24 -05'00' Trey Hicks, Assistant to the Administrator, AA/BHA

Date award

_12/01/2020

Date

Clyde Hicks