KIWASH JandA.pdf

JUSTIFICATION AND APPROVAL

TO: Nya Kwai Boayue, Contracting Officer, USAID/KEA

CC: Deborah Broderick, Agency Competition Advocate, M/OAA/ACTS

FROM: Nicholas Owuor, Contracting Officer’s Representative, Kenya Integrated Water, Sanitation and Hygiene (KIWASH)

DATE: May 29, 2020

RE: Task Order No. AID-615-TO-15-00001 with DAI Global LLC under the Water and Development IDIQ Contract No. AID-OAA-I-14-00049

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 modification to the USAID Kenya Integrated Water, Sanitation and Hygiene (KIWASH) contract to (1) increase the Task Order’s TEA by $9,000,000 from the current $50,995,898 to $59,995,898; (2) redirect KIWASH interventions within the WASH directive towards COVID-19 emergency response and recovery; (3) extend the period of performance by 12 months; modifying the end date of Sept 27, 2020 to Sept 27, 2021; and (4) approve a geographic expansion into additional counties.

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

The Novel Coronavirus (COVID-2019) epidemic has now spread to at least 162 countries and territories. On 30 January 2020, the World Health Organization (WHO) declared the COVID-2019 outbreak a 'Public Health Emergency of International Concern’ at the recommendation of the International Health Regulations Emergency Committee. As of April 14 2020, over 2 million laboratory-confirmed cases and more than 126,000 deaths had been reported, among both adults and children . The first COVID-19 case in Kenya was confirmed on 1

March 13, with cases slowly but steadily increasing since that time. As of April 23, 2020, Kenya had 320 confirmed cases, including 14 deaths.

Basic WASH services and behaviors are essential for slowing down the spread of COVID-19 . In 2 addition, WASH services, supplies, and hygiene behaviors risk being disrupted by the outbreak, the responses to it, and the socio-economic effects of the pandemic. The Mission’s proposed WASH response aligns with global and national strategies designed to prevent and control the transmission of the disease; mitigate socio-economic impacts of the outbreak; and build resilience against future outbreaks, with a focus on the most vulnerable. The Mission’s WASH programs will achieve these goals by (1) increasing awareness of critical hygiene behaviors and access to clean water to consistently employ these behaviors; and (2) strengthening the county governments and water service providers (WSPs) who are responsible for long-term provision of the nation’s water supply.

In order to quickly and effectively respond to the outbreak and support counties in the initial post-response recovery period, KIWASH’s anchoring in county governments and WSPs will be of vital importance. While the complex systemic, structural, and behavioral issues associated with WASH will be exacerbated by the spread of COVID-19, DAI has the current understanding of devolved service delivery in Kenya and the well-established channels of communication with critical county, national, and sector partners to facilitate quick mobilization of technical resources to minimize the impact of the virus on the health and economy of Kenya – both in the current KIWASH counties and in additional counties as needed.

With the additional 12 months and $9,000,000, the KIWASH task order will be amended to respond to the COVID-19 outbreak and protect USAID’s investments and gains made in the last four and a half years. This effort will be structured around seven main areas of work:

1. Sector coordination and planning;

2. Support to social behavior change campaigns (SBCC);

3. Increase capacity of county staff to promote improved risk communication and community engagement;

4. Support to WSPs to maintain service provision;

5. Support water service provision in rural and disadvantaged informal settlements;

6. Strengthen security of WASH infrastructure; and

7. Support Support WASH in healthcare facilities

While a variety of stakeholders will be critical to this effort, the county governments will serve as the primary partners, including as recipients of direct grants from DAI, whenever possible.

Illustrative activities and specific deliverables include:

Sector coordination and planning

1 World Health Organization Dashboard.

2 World Health Organization & Centers for Disease Control.

The activity will be implemented in close collaboration with other stakeholders including the health and WASH cluster coordination platforms, civil society organizations, the private sector, and, most importantly, the county governments and WSPs.

Support to social behavior change campaigns

DAI has been working with frontline health care workers in delivering safe WASH messaging to target audiences at the community and household level for more than four years. The activity has worked closely with 1,646 community health volunteers and 457 officials from the Ministry of Health in nine counties and trained more than 800 Kenyans in social and behavior change communication (SBCC).

DAI will rapidly work in partnership with the WASH Cluster and partners to design and/or launch an SBCC campaign focused on timing and technique of handwashing, transmission pathways, what to do when soap and water are not available, symptom recognition, self-isolation, and social distancing. The campaign will implement approaches tailored to age, sex, target and social group, and location (home, market, school).

DAI will mobilize existing KIWASH networks, expanding the capacity of local communities, non-governmental organizations, community-based organizations, women’s groups, and faith-based organizations. Hard-to-reach communities and informal settlements are particularly vulnerable. DAI will identify how best to reach these communities, including through mobile delivered voice messaging and broad distribution of the Cluster-developed messaging materials.

Increase capacity of county staff to promote improved risk communication and community engagement

DAI will support county departments of health in undertaking and developing risk assessment plans that identify vulnerable population segments, their location, and relevant measures that can be implemented at the individual, community, or regional level to minimize transmission.

DAI will develop the capacity of county health staff to undertake infection prevention and control measures at selected health facilities. To facilitate infection prevention and control, the project will provide facilities for WASH practice for use by travelers, healthcare, or immigration staff responsible for offering screening services to the public. Since the project staff had supported numerous water projects in the recent past, technical expertise in rehabilitation and extension of nearby water supplies, construction of gender sensitive sanitary facilities, and installation of handwashing points will be rapidly assessed and supported.

Support to water service providers (WSPs) to maintain service provision

WSPs in the counties where KIWASH works are already under stress, coping with limited cash flow, supply chain challenges, and gaps in operational capacity. Soon, they will likely face worker illness, customers reluctant to make in-person payments or to have meters read, new breaks in supply chains, and an emergence of free water from relief organizations. It is critical that the WSPs not lose the progress achieved under KIWASH.

DAI will support WSPs to develop business continuity plans, looking at a range of risk scenarios, in line with the already existing Performance Improvement Plans (PIPs). The plans will identify priority needs to sustain their operations and to supply water services necessary to help keep the population healthy and safe, and to maintain some financial footing for the utilities.

The focus will be to ensure water supply for densely populated areas and locations where major hospitals are located.

There is currently a call by county governments for WSPs to provide free water, which will likely weaken operations and cripple supply due to low revenues. The KIWASH governance team will work closely with the county governments and WSPs to develop reasonable approaches and prioritization that balance the longer term needs of the sector and the shorter term emergency priorities. Extensive coordination between the humanitarian relief and development communities will be required to direct subsidies and free supplies toward the most disadvantaged populations, while identifying distribution methods that allow social distancing.

WSP staff training in COVID-19 response will also be undertaken given the critical importance of utility staff to maintain water supply and wastewater plant operations. KIWASH will prepare and deliver a simple training program designed for frontline utility staff and day laborers to maintain best hygiene practices both at home and at the workplace to minimize sickness and work stoppage.

Support water service provision in rural and disadvantaged informal settlements

Non-functioning systems are still prevalent in rural communities and informal settlements.

County governments need a way to quickly map services and to support the communities in accomplishing repairs – assuming that movements may be even more limited in the next months.

Continuing its work with county governments, DAI must achieve two things, namely:

● Continued functionality of existing community water supplies by providing onsite technical and operational support to the sub county water officers responsible for systems maintenance and repair. Several sub-county water officers were trained by KIWASH under the WASH enterprise capacity building program. KIWASH will continue to work with these officers to ensure they are able to effectively manage the demand coming from within their areas of operation.

● Completion of a rapid assessment of the status of water and sanitation service provision in targeted areas of vulnerability within counties. This assessment will enable the effective design of quick-impact interventions that will improve and ensure access to clean water to rural communities and in disadvantaged informal settlements. DAI will conduct this rapid assessment primarily in consultation with county governments, WASH forum partners and subcontractors.

Security of WASH infrastructure

DAI must install facilities for handwashing in critical spaces at the home, school, markets, public transport hubs, healthcare facilities, and workplaces. Facilities will include a clean water source and hand cleanser placed in areas that are easy to access at critical times.

To ensure water supply safety, to protect the underlying health of Kenyans, and reduce the potential for COVID-19 transmission through drinking water, DAI must support water treatment at point of distribution and/or household and will ensure that water is safely stored in cleaned containers. Household water treatment technologies such as boiling, ultrafiltration, solar irradiation and UV irradiation will be promoted. DAI has already installed chlorine dosers in all the water supply/distribution projects that it has implemented and will work with those operators to ensure they continue water treatment.

WASH in healthcare facilities

In coordination with the WASH Cluster and USAID, DAI will coordinate with county partners and health programs in identifying and responding to hospitals and facilities experiencing water supply problems. DAI must help WSPs design strategies that prioritize water supply to health centers through control, rationing and deliveries.

DAI will partner to deliver and reinforce critical actions in healthcare facilities (HCFs): 1) managing excreta safely; 2) implementing regular cleaning and disinfection practices; 3) engaging in frequent hand hygiene using appropriate techniques; and 4) safely managing health care waste. DAI has been conducting this work in 25 HCFs across nine counties, and will expand this activity by engaging local new partners to reach additional facilities.

DAI will also promote maternal health and newborn health through the provision of water and hygiene kits to caregivers attending maternal and antenatal care. In a recent study under the KIWASH activity, distribution of hygiene kits was associated with increased uptake of handwashing practices in Makueni, Kisumu, and Migori counties.

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. The COVID-19 EPP guidance applies to awards and modifications/amendments of awards to respond to an Outbreak. The authority provided by the EPP allows Operating Units to respond to an Outbreak in a multisectoral way, including through programs outside of the health sector, including water, sanitation and hygiene.

d. A discussion of the proposed contractor’s unique qualifications or the nature of the acquisition that requires use of the authority cited.

WASH services provided by DAI under the KIWASH activity through this cost extension are critical to combatting COVID-19, particularly at the local level. DAI is best positioned to provide WASH services during this time due to their performance, presence and relationship with existing stakeholders.

In addition, DAI is one of the most active USAID implementing partner working solely on WASH in the nine counties of that is currently engaged in the nature of this work, and it has established a strong relationships with county governments, sub-county counterparts, health facilities and water service providers while promoting WASH governance in devolved contexts.

In all nine counties, DAI has full-time staff in county government offices working alongside county officials on a day-to-day basis. DAI is actively providing training and technical assistance to over 200 WASH enterprises. DAI also has a number of sub-awards providing critical services and which have existing relationships with local governments which are critical for the successful implementation of COVID-19 prevention activities regarding WASH. In addition, modification of this contract aligns with currently ongoing interventions in the statement of work.

DAI’s continued involvement in activity implementation is considered vital for achieving the objectives of USG Global Water Strategy and the Mission’s CDCS. While another implementing partner could, over time, develop similar relationships and effectively carry out WASH activities, this would create an unacceptable gap in critical services aimed at saving lives and controlling the COVID-19 outbreak in Kenya.

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

The COVID-19 outbreak is a public health emergency. The KIWASH activity is currently scheduled to come to an end in September 2020. DAI is the best positioned of the IDIQ holders to perform this new work because of their existing networks, understanding of local context and satisfactory past performance. Prior to the COVID-19 outbreak, a design process for a new WASH award was underway; however, given this health emergency and the critical importance WASH plays in the prevention of COVID-19, designing, soliciting, and awarding a new activity and the lengthy process that this requires is not practical if USAID/KEA is to effectively respond to the crisis in the most efficient manner.

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

The Contracting Officer has determined that the anticipated cost to the USG of this action is fair and reasonable after a review of the independent government cost estimate (IGCE).. The IGCE costs for the additional services under the contract are primarily based on the current program implementation costs.

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 who is familiar with the breadth and scope of the work to be undertaken.

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.

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.

E-Cleared June 2, 2020

Nicholas Owuor, Technical Officer Date

CLEARANCE:

TNunn__________ June 2, 2020____ Tanya Nunn, RLO Date:

Heather Schildge________________ 6-2-2020______ Heather Schildge, Deputy MD and the Mission Competition Advocate Date:

APPROVAL:

Nya Kwai Boayue, Contracting Officer Date