Justification and Approvals for 3 Month Extension AID-OAA-TO-16-00038 R.pdf

b) the former Office of Local Sustainability (LS); c) the New Partnerships Initiative (NPI); d) the Minority-Serving Institutions (MSI) Program; and e) the former Center for Faith and Opportunity Initiatives (CFOI). Many of these operating units had their own administrative and technical ISCs to provide staff. With the expiration of a number of these ISCs in late 2021, the LFT Hub managers decided to bring the 61 current staff under these multiple mechanisms together under one new ISC competitive procurement under the GSA small business modality.

The competitive procurement (RFQ 7200AA21Q00008) has been completed and an award selection was made on Friday, July 15, 2022. On July 18 and July 25, 2022, two unsuccessful applicants filed protests at the Government Accountability Office (GAO) against the procurement decision, which prohibited execution of a new contract while the protests are litigated. Subsequently, the assigned Contracting Officer and General Counsel filed a request for dismissal that was denied by the GAO. A voluntary corrective action has been completed, which determined that the applicant that was originally selected, who is not the incumbent, remained to be the best value to the Government. On Friday, December 9, 2022 the source selection document was finalized and the award decision was published.

With this delay in award decision, the new contractor will need time to transition staff from the current ISC contract. The General Counsel assisting with the corrective action has advised that although a corrective action has been completed, there is still a possibility of a subsequent protest against the recent award decision. Following the guidance of Code of Federal Regulations Bid Protest Resolution (4 C.F.R. § 21.9) Time for decision by GAO, GAO shall issue a decision on a protest within 100 days after it is filed. Therefore, a decision will be made on or around March 1, 2023 (if not earlier) with a few weeks of transition time needed between the incumbent and new contractor. Considering these factors will extend past the ASHA Support Task Order expiration date of December 31, 2022, the Agency is in critical need of this extension to avoid a break in services.

Even if there was not a protest, time is still needed to stand up the new contractor and if needed, transfer, and onboard new staff. If there is no protest, the new contract will begin just before the holidays and the new contractor will not be able to consult with LFT Hub leadership on staffing priorities, find new staff, receive information on current staff on other ISCs, or be able to readily contact existing staff to assess their skills and willingness to join the new contractor team. The extension gives all parties time to transition any staff from other ISCs, and find new staff if needed, in a thoughtful and effective manner to ensure the foreign assistance objectives of the LFT HUB are met.

RESOURCE IMPLICATIONS

When analyzing the current expenditure trends and projected cost for an extension, the additional funds are needed in the amount of to accommodate this extension from January 1, 2023, through and including March 31, 2023. The total obligated amount will change from to

AUTHORITY

The authority permitting this exception to full and open competition is AIDAR Part 706.302-70 Impairment of foreign aid programs open competition need not be obtained when it would impair or otherwise have an adverse effect authority, AIDAR 706.302-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

ATTACHMENTS:

Document 1 Determination and Findings Document 2 Justification and Approval for Other Than Full and Open Competition

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION (J&A)

TO: , Acting Assistant Administrator, DDI

FROM: ASHA Task Order Contracting Officer’s

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 706.302-70(b)(3)(i). This document was prepared by the American Schools & Hospitals Abroad (ASHA) Initiative within the Local, Faith, & Transformative (LFT) Hub, Bureau for Development, Democracy, & Innovation

(DDI), U.S. Agency for International Development (USAID).

2. The Nature and/or Description of the Action Requested:

This is a request to approve an extension to the period of performance by three (3) months from

January 1, 2023, to March 31, 2023, with additional funding needed in the amount of $255,000.00 for the ASHA Support Task Order (TO) under (HASC) IDIQ AID-OAA-I-15-00040, TO AID-

OAA-TO-16-00038. Previous approvals were granted to extend the contract for a period of fifteen

(15) months from October 1, 2021, to December 31, 2022, which allowed DDI to revise the existing task order to maintain continuity of services while a competitive procurement for the replacement LFT Hub ISC was completed. The competitive procurement (RFQ

7200AA21Q00008) was completed with an award selection made on Friday, July 15, 2022. On

July 18, and July 25, 2022, two unsuccessful applicants filed protests at the Government

Accountability Office (GAO) against the procurement decision, which prohibited execution of a new contract while the protests were litigated. On Friday, December 9, 2022, DDI completed voluntary corrective action and made an award decision that was not to the incumbent contractor.

Considering a realistic contract transition period and possibility of a second protest, these timelines extend past the ASHA Support Task Order expiration date of December 31, 2022, the

Agency is in critical need of this extension to avoid a break in services. ASHA and OAA have determined additional funds are needed to extend the contract for three (3) months to carry out the support services as described below.

3. Description of the Supplies or Services Required, Including an Estimated Value:

The TO total obligated amount of will increase by for a new total obligated amount of . ASHA and OAA have confirmed that no other expenses are outstanding that would restrict use of the estimated amount.

This extension will allow staff to continue the following tasks:

● Administrative and technical support of grants, cooperative agreements, and interagency agreements, including such activities as grants management and procedures, document review and revision, agreement process and document management, and post-award administration support;

● Administrative Support to ASHA, including activities such as travel coordination, communications and record support, knowledge management and reporting support;

● Information Support Services, including such activities as preparation of information products such as the required biannual report, fact sheet, partners meeting proceedings, etc., as well as public information management; and

● Staff Training and Support for Capacity Building Activities, including increasing staff expertise and the capacity of ASHA’s partners to execute their programs in alignment with USAID requirements.

4. Statutory Authority Permitting Other than Full and Open Competition:

In accordance with AIDAR 706.302-70(b)(3)(i), this is for “an award for which the Assistant

Administrator responsible for the project or program makes a formal written Determination and

Findings (D&F), 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.” The proposed 3-month extension of the Task Order is outside of the terms of the basic IDIQ ordering period, which has already expired. DDI has reviewed other authorities, but an extension is deemed the only possible option to allow DDI to revise the existing task order to maintain continuity of services while a new contract is executed.

5. A Demonstration that the Proposed Contractor’s Unique Qualifications or the Nature of the Acquisition that Requires Use of the Authority Cited:

The incumbent contractor is uniquely positioned to support ASHA’s requirements to fulfill its foreign assistance objective before the new contract is awarded. A continuation of these services with the current contractor until the new LFT Hub ISC is in place will allow ASHA the ability to reduce the risks in loss or degradation of services; maintain continuity of operations; and ensure continuity in the provision of critical support to meet ASHA’s mandate.

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).

7. A Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable:

When analyzing the current expenditure trends and projected cost for an extension, the

Contracting Officer’s Representative (COR) has determined that additional funds are needed in the amount of to accommodate this extension from January 1, 2023, through and including March 31, 2023.

The contract was originally awarded by GSA competitive solicitation, which dictates the staffing rates, indirect costs, and other related costs of this TO. ASHA and the Contracting Officer confirm the funds currently available and to be added to this Task Order will accurately accommodate a 3-month extension; considering the spending trends remain the same. The

Contracting Officer has determined that the costs are fair and reasonable in accordance with

FAR 6.303-2(b)(7) prior to executing this extension.

8. Description of the Market Research Conducted, and the Results or A Statement of the

Reasons Market Research was Not Conducted:

A review of the potential acquisition alternatives was completed taking into consideration previous acquisitions of a similar item or service. The market research conducted by DDI/LFT for the new ISC to support the Hub focused on collecting the services and deliverables from the various ISCs used by the initiatives being brought together in the LFT Hub. Other ISCs within

DDI and USAID were examined for buy-in possibilities, but the LFT Hub decided to issue its own solicitation tailored to meet the transformative partnership needs and goals of the Hub.

Given the critical services required to continue with the implementation of ASHA’s worldwide development and public diplomacy programs, and the capability of the incumbent to implement the requirements, continuing services for three (3) months with Macfadden and Associates, Inc, is determined to be the most advantageous to the government until the new LFT Hub ISC is put in place.

9. Other Facts Supporting the Use of Other than Full and Open Competition:

If this TO period of performance extension and TEC increase were not approved, the DDI/LFT

Hub will not be able to seize on transformative partnership opportunities around the globe to improve sustainability of localized solutions, as ASHA does not have sufficient staff or the specialized technical expertise needed to carry out the administrative and technical functions currently provided through this contract. ASHA will lose the ability to:

1. Effectively administer its existing awards portfolio ($91+ million) and ensure that the commodities are properly delivered and the construction/renovation activities properly implemented;

2. Execute the FY22/FY23 competitive awards cycle in time to obligate the FY22 funds received by the end of FY23;

3. Properly respond to the requests from partners to guide the execution of their awards, as well as information and support requests from USAID missions, US embassies, other

USAID OUs, and Capitol Hill and the public on ASHA programs;

4. Provide effective fiduciary oversight of all these awards, both old and new; and

5. Work together with other initiatives within the LFT Hub to find and exploit the synergies between the various programs, a main objective of creating the Hub in the first place.

A lapse in critical administrative and technical support for these activities would severely undermine ASHA’s ability to effectively implement its portfolio of awards to achieve its mandated development and public diplomacy goals.

The contract was originally awarded by GSA competitive solicitation to Macfadden and

Associates, Inc. In April 2021, ASHA transitioned as a unit of the DDI Bureau’s LFT Hub, which resulted in a Contracting Officer reassignment. During coordination of the LFT Hub ISC competitive procurement, a pre-filing notice of a bid protest at the U.S. Court of Federal Claims prompted re-evaluation of all offeror applications. The re-evaluation of offeror applications and award selection resulted in protests from unsuccessful applicants. The assigned Contracting

Officer and General Counsel filed a request for dismissal that was denied by the GAO on

Thursday, July 25, 2022. A voluntary corrective action has been completed, which determined that the applicant that was originally selected remained to be the best value to the Government.

On Friday, December 9, 2022, the source selection documents were finalized and the award decision was published.

With this delay in award decision, the new contractor will need time to transition staff from the current ISC contract. The General Counsel assisting with the corrective action has advised that although a corrective action has been completed, there is still a possibility of a subsequent protest against the recent award decision. Following the guidance of Code of Federal Regulations Bid

Protest Resolution (4 C.F.R. § 21.9) Time for decision by GAO, GAO shall issue a decision on a protest within 100 days after it is filed. Therefore, a decision will be made on or around March 1, 2023 (if not earlier) with a few weeks of transition time needed between the incumbent and new contractor.

Even if there was not a protest, time is still needed to stand up the new contractor and if needed, transfer, and onboard new staff. If there is no protest, the new contract will begin just before the holidays and the new contractor will not be able to consult with LFT Hub leadership on staffing priorities, find new staff, receive information on current staff on other ISCs, or be able to readily contact existing staff to assess their skills and willingness to join the new contractor team. The extension gives all parties time to transition any staff from other ISCs, and find new staff if needed, in a thoughtful and effective manner to ensure the foreign assistance objectives of the

LFT HUB are met.

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

No other sources expressed an interest, in writing, in this acquisition since advance notice is deemed not appropriate or reasonable. As stated above, we awarded a contract using full and open competition for the replacement LFT Hub ISC.