Justification.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION (J&A)

TO: Deborah Broderick, Agency Competition Advocate (ACA)

THROUGH: Garth Patterson, Contracting Officer, USAID/Liberia

FROM: Regina Jun, Program Officer, PPD, USAID/Liberia

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)(5), “Impairment of Foreign Aid Programs.” This document was prepared by the Program and Project Development Office, USAID/Liberia.

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

This is a request to approve a sole source award to Synergy International to provide Performance Indicator Data System (PIDS) management services to USAID/Liberia for $300,000. If approved, the Mission will execute a six-month base contract with a six-month option period with Synergy, the current subcontractor under the Mission PIDS Monitoring, Evaluation and Learning Platform contract (LSA) to provide uninterrupted and needed technical assistance.

Synergy International System will provide one long-term personnel in Liberia and additional short term technical assistance to (1) assume responsibility for maintaining and managing the Mission’s existing Performance Indicator Data System (PIDS) to ensure all its functionalities, such as indicator progress and documentation (e.g., DQA reports) management, PMP indicator alignments, and site visit reports continue; (2) Train USAID/Liberia and implementing partner staff, especially the new employees, on the use of data entry and management, and analysis in PIDS and GIS; and (3) format and verify the PIDS data for transition into USAID’s Development Information System when it launches at USAID/Liberia and ensure accurate transfer and continuation of program data and records management.

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

The $300,000 Total Estimated Cost (TEC) of the proposed award will focus on continued provision of analytical and advisory services to the entire Mission. Support will be based on CDCS and technical offices’ priorities in support of project and activity designs, performance monitoring and evaluation, and operational learning and adapting needs. A critical foundation of the Mission’s MEL efforts, PIDS supports the collection and tracking of dozens of indicators and site visit report aggregation to ensure historic data collection and effective program oversight, donor coordination, on-demand analysis, and Geospatial Information Systems (GIS) mapping, COVID-19 tracking and mitigation planning, and program outreach communication.

USAID is in the process of launching the DIS, which will eventually be the Agency’s standard system for performance monitoring, budget management, and data collection. USAID/Liberia, as a Phase II roll-out country, is scheduled to initiate its DIS rollout in late 2021, which will require approximately six months of data clean-up, formatting, transition, and systems testing.

Under the sole source award, Synergy will serve as the bridge from LSA to DIS, helping to maintain the data collection and integrity verifications prior to and during the transfer of the Mission’s data, ensuring past performance data (especially for active awards) are not lost in the transition. Liberia is an extremely resource poor country with weak information and communication technology (ICT) infrastructure. Local capacity for operating and managing systems in this environment is extremely limited.

During this period of performance, the proposed Synergy contract will also continue to provide Mission-critical performance progress monitoring support as described in its Scope of Work (SOW), including but not limited to PIDS hosting and domain renewal, on-demand labor for platform upgrade and other ad hoc requests (home office support), and providing assistance to AORs/CORs in using the system.

4. Statutory authority permitting other than full and open competition:

Per AIDAR Chapter 706.302-70(a)(2), a “full and open competition need not be obtained when it would impair or otherwise have an adverse effect on programs conducted for the purpose of foreign aid, relief, and rehabilitation.” AIDAR 706.302-70(b)(5) further states that this authority may be used “for the continued provision of highly specialized services when award to another source would result in substantial additional costs to the Government or would result in unacceptable delays.”

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

USAID/Liberia has managed the activity implementation of more than 54 awards (total life of project value of $542 million) with the support of the PIDS Monitoring Evaluation and Learning (MEL) platform for the past six years. As stated above, the PIDSMEL work is currently subcontracted under the Mission’s prime contractor of LSA activity to Synergy, a US small business. In anticipation of the end of the LSA contract on February 5, 2021, the Synergy subcontract is scheduled to close out in January 2021. Based on initial estimates for the launch of the Agency’s Development Information System (DIS), this closeout date allowed sufficient time to transition all of the PIDS data and information into DIS prior to the end of the LSA award.

Unfortunately, the DIS launch for Africa has been delayed into 2021, as pilot programs are completed and adjustments are made. As a result, USAID/Liberia now expects a significant gap between the end of LSA and the availability of DIS for Africa. The PIDS database is the primary receptacle for all monitoring and evaluation data for the entire Mission portfolio: it currently contains more than ten years of USAID monitoring, evaluation, indicator, Performance Management Plan, and learning data for Mission Liberia. PIDS is the primary resource that AOR/CORs use for completing site visit reports, entering performance data, assessing indicator performance, reporting against the PMP, pulling data for the quarterly QPFRs, the semi-annual portfolio eviews, and the annual Performance Plan and Report. Access to this incredible amount of historical data is critical to Mission decision-making, senior leadership assessments of program and partner performance, and ultimately drives the Mission’s programmatic choices.

The loss of PIDS data and/or a gap in service would have extremely detrimental effects on the Mission’s ability to provide performance information and reporting. The Mission is not adequately staffed and does not have the technical capabilities to house this function and does not believe that creating this capability between now and the delivery of DIS is possible.

Continuous program monitoring is critical especially during the time of pandemic when remote site visits, data collection, and on-demand and real-time data analysis and decision making are more important than ever for smooth program implementation while safeguarding USG resources from fraud and waste. Any gaps in the availability of PIDS data and/or access to PIDS services increases the chance of reporting and documentation errors, potential lapses in progress monitoring, and the potential for inaccurate data analysis. The loss of PIDS service would be extremely detrimental to the Mission’s ability to effectively monitor, evaluate, track, and report on key MEL activities. As a result, the Mission is requesting the approval of this sole source award to Synergy to bridge the gap between the end of LSA and the launch of DIS for Africa.

Synergy has hosted the PIDS database and provided the MEL function systems support since 2016 and has a deep understanding of the Mission, its programs, and the systems we have created since 2014. It is not possible to fully compete a new award, transfer all the data, verify and validate the historical information, and get the new partner up to speed between now and January 2021. The contractor’s unique qualifications include: expertise of over five years implementation on the specific USAID/Liberia requirement for the data collection and analysis platform through PIDS in the Liberian country context, a local technician in Liberia with in-depth knowledge of USAID/Liberia portfolio and USAID’s reporting requirements who has provided critical and timely data and expertise support throughout the year and during the annual Performance Plan and Report (PPR).

In addition to the contractor’s core strengths, significant activity implementation timelines have been compromised due to COVID-19. Thus, a full and open competition in order to select a new award mechanism and establish and deploy a new platform with on-the-ground staff, will not be possible in an expedited manner to ensure continuation of program monitoring.

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]:

USAID/Liberia has conducted online market research of ICT firms that might be able to establish and launch a new platform in Liberia under the current timelines; however, while there are numerous capable firms globally, the delay and lapse of services that USAID/Liberia would face in order to fully compete these services will be extremely damaging to the Mission.

Additionally, Liberia is an extremely resource poor country with weak information and communication technology (ICT) infrastructure. Local capacity for operating and managing systems in this environment is extremely limited.

USAID/Liberia considered additional procurement strategies that could possibly satisfy the requirement for services in such a short timeframe. We considered a Category Management Tier 1/Best in Class 8(a) sole source under the OASIS IDIQ; however, given that Synergy is a US small business the additional socio-economic consideration from awarding to an 8(a) firm does not outweigh the risk to the Mission of a delay in negotiating from the beginning a new award with a new firm.

USAID/Liberia also considered Category Management Tier 2 - Multiple Award Schedule from GSA. However, the Procurement Action Lead Team of a competitive award under this mechanism would still be too long to prevent impairment of our foreign aid programs.

Publication of advance notice is required per AIDAR 706.302.70(b)5 and was made on December 1, 2020 for two weeks. One question on this notice was received on December 02, 2020 but there was ultimately no further, timely interest in the action. No additional efforts were made to solicit from other sources.

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

The sole-source award will cover ongoing activities for which costs are fully identified and determined with its associated levels of effort. Costs of the proposed activities correlate with our Independent Government Cost Estimate (IGCE) which we have based on the historical expenses of the subcontract. Based on this comprehensive analysis, the Mission determined the TEC for the contract at $300,000.

8. 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 has been conducted through conversations with other USAID Missions to understand their project progress monitoring activities and data collection platforms and associated costs, as well as on historical rates, current costs, and level of effort estimated to ensure that the activity covered under this award constitutes reasonable and cost-effective use of government funds. Given the existing conditions and USAID’s reputational risks at stake, there are no domestic sources that can offer the services required. There are international sources with capacity to offer similar services, but the sole source to the existing service provider will avoid unacceptable delays and enable the provision of these services at competitive prices.

In addition, USAID reviewed all the current Agency-wide awards to determine if there are any that can provide the bridge of services needed while the Mission procures the follow on activity in the most cost-effective manner and none are available to accommodate our need within the short time allotted.

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

The Synergy’s operation of PIDS and associated technical services form specific donor and Government of Liberia coordination tools, such as the USAID (through Synergy) supported GIS platform for the Government of Liberia’s COVID-19 Response Pillars: Risk Communication and Community Engagement. This platform is used by the Government of Liberia entities, other donors, and USAID to coordinate effective messaging, community outreach efforts, and track their effectiveness. Interruption in PIDS and Synergy’s technical assistance would lead to shutting down that platform and support to the Government of Liberia and create severe reputational risk for USAID.

PIDS is a custom-built platform that houses indicator performance monitoring framework and data for all of USAID/Liberia's bilateral programs. The customized reports from the PIDS are used throughout the year for Congressional reporting, PPR reporting, portfolio reviews, among other Mission decision making and external reporting requirements to the USG and Government of Liberia. Any gap in the PIDS operation risks inaccuracies in data reporting and implementation progress monitoring. PIDS supports the collection and tracking of approximately 400 indicators and site visit report aggregation to ensure historic data collection and effective program oversight, donor coordination, on-demand analysis and Geospatial Information Systems (GIS) mapping, COVID-19 tracking and mitigation planning, and program outreach communication, making it absolutely crucial to the reporting of all of our foreign aid objective achievements in Liberia. Many of these indicators are disaggregated per Agency and congressional requirements (e.g., by sex, age, type of land use, etc.) and the PIDS system tracks key details of each indicator - which implementing activity tracks the data, how frequently it is collected, when the last DQA was conducted as well as its findings, whether it is linked to the Country Development Cooperation Strategy Performance Monitoring Plan, whether it is one of the PPR's F-standard indicators, and alignment with Presidential/Congressional initiative reporting. It took 4 years to ensure accurate organization and reporting of USAID's foreign aid achievements in Liberia: to build the PIDS from scratch by allowing the subcontract to lapse would take many months to ensure accurate systems are set-up, data quality reviewed, and reports tested.

Another critical component of Synergy's support with PIDS is the highly specialized, in-person management support in Liberia. Successful operation of PIDS has depended on a PIDS Specialist who understands the USAID reporting requirements and cycle, ability to provide regular and on-demand technical assistance to the implementing partner and USAID staff on data entry, review and utilization, and technology limitations in Liberia. If the data entry into the PIDS system is flawed, then the quality of the data that USAID/Liberia reports to both the USG and external entities is compromised, thus directly impairing our foreign aid objectives. Liberia's low local capacity, technology literacy, and M&E skills: attempting to re-compete and potentially re-build this system, as well as re-hiring or training of new staff, will be far too costly in terms of both time and money to the USG. In-country management and technical support have been vital for ensuring timely and accurate data submission, review, and utilization, and Synergy already has the infrastructure in place to continue doing this.

It is for these reasons that USAID/Liberia, as affirmed by our Regional Legal Officer and our Mission Director, believe the USG's foreign policy objectives will be impaired if the PIDS database service work is allowed to lapse.

Additionally, USAID/Liberia did consider the both the possibility of extending the existing prime contract, as well as using a different authority to justify a sole-source, and other potential procurement options. Unfortunately, the Mission simply does not have the funds to extend the prime contract, and it will be cheaper to the taxpayer to issue a separate award without the prime's layers of indirect costs and oversight. We have also tried get the IGCE lower than $300,000, but it's just not possible to do so without also eliminating a key component of the functioning of the system.

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

USAID/Liberia published the intent to sole source and received zero interest from the public. On December 17, 2020, two days beyond the closing period of the public notification and therefore not timely, the contracting officer received a FYI Requirements Letter from the Small Business Administration (SBA) seeking to set aside this procurement for Section 8(a) competition or sole-source. On December 22, the contracting officer provided his written determination to the SBA that such a set-aside would not be in the best interest of the USG for the same reasons as stated above.

11. The Actions the Agency may take to remove or overcome any barriers to competition before any subsequent acquisition of the supplies or services required:

The Mission intends that once the PIDS functions are fully integrated into the Agency’s DIS as scheduled, which is currently set to complete by early 2022, there will not be subsequent acquisition of the services required.

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.

13. Contracting Officer Certifications:

As required by AIDAR 706.302(c)(2&4), I hereby certify that the justification is accurate and complete to the best of my knowledge and belief.

14. Approved/Disapproved As required by FAR 6.304(a)2 and AIDAR 706.302(c), the justification requires the approval of the ACA designated pursuant to FAR 6.501.(5)

Deborah Broderick, Agency Competition Advocate Approving Official tbaldwin Stamp

CLEARANCES:

KBELL __________________________ 11/10/2020

Kimberlee Bell, Director, PPD Date

__AMP_______________________________ 12/16/2020

Andrea Plucknett, Director, OAA Date

__ROW________________________ 11/23/2020

Ro Wietecha, RLO Date

___clear_______________________ 12/16/2020 Rebekah Eubanks, Deputy Mission Director Date