REDACTED AID-OAA-M-17-00003 Limited Sources Justification Final 2-6-2023.pdf

LIMITED SOURCES JUSTIFICATION

TO: Michael Ashkouri, Esq., M/OAA/Deputy Director Washington Opera�ons

FROM: Kathleen Mazur, Contrac�ng Officer’s Representa�ve

SUBJECT: Limited-Sources Jus�fica�on

1. This document sets forth the facts and ra�onale jus�fying the use of limited sources, in accordance with FAR 8.405-6.

This is a limited sources jus�fica�on for an acquisi�on pursuant to 8.405-6(a)(1)(A) of the Federal Acquisi�on Regula�on (FAR). This document sets forth the facts and ra�onale jus�fying the non compe��ve extension of the Ins�tu�onal Support Services Contract ( ISSC) Support Order AID-OAA M-17-00003, awarded to Highlight Technologies and procured under GSA Schedule Contract GS-00F 133DA, (“the PPL ISSC Order”). This Limited-Sources Jus�fica�on has been completed in accordance with FAR 8.405(a)(1)(A). This document was prepared by Kathleen Mazur, Contrac�ng Officer's Representa�ve, Policy, Planning and Learning Bureau (PPL). The jus�fica�on requests a 12-month extension to the order from April 30, 2023 to April 30, 2024.

2. The nature and/or descrip�on of the ac�on being approved:

This is a jus�fica�on is to approve an extension to the period of performance by twelve (12) months from April 30, 2023 to April 30, 2024, with addit ional funding in the amount of $15,000,000, for the PPL ISSC Order under the GSA schedule order AID-OAA-M-17-00003 awarded to Highlight Technologies (“Highlight”), the incumbent contractor. T his is the second extension. A 12-month extension is necessary due to serious allega�ons concerning the procurement that will take several months to inves�gate and may necessitate Agency correc�ve ac�on that could poten�ally take several months to complete, depending upon the nature of the correc�ve ac�on.The 12-month extension will also allow for an orderly transi�on, and the con�nua�on of cri�cal technical and administra�ve services to PPL with no break in service.

3. Descrip�on of the supplies or services required to meet the agency’s needs, including the es�mated value:

The PPL ISSC Order is a Time and Materials (T&M) order awarded to Highlight in accordance with FAR 8.405-2 ordering procedures under the GSA schedule for the period of July 1, 2017 to October 31, 2023. The PPL ISSC Order helps the agency fill cri�cal skills gaps to meet staffing needs resul�ng from the advent of new priori�es, specialized skill set requirements, and a�ri�on of staff at various levels.

With 70 contract staff (over 35% of PPL Bureau staffing) providing technical, professional, opera�onal, and administra�ve support, PPL-ISSC is a staffing mechanism for agency-wide priori�es.

On May 20, 2022, USAID issued a Request for Proposals (RFP) for PPL’s new Ins�tu�onal Support Services Contract (ISSC) contract. M/OAA was on-schedule to make the new award before the exis�ng contract expires on April 30, 2023. In late 2022, allega�ons of a Procurement Integrity Act viola�on and bribery of government officials were made by an interested party. The Office of Inspector General (OIG) and M/OAA are inves�ga�ng the allega�ons, their impact on this procurement, and whether correc�ve ac�on is necessary. The allega�ons will take months to inves�gate. T his extension will allow OIG and USAID to complete their inves�ga�ons, allow sufficient �me for M/OAA to either take correc�ve ac�on or move forward with the award, allow for an orderly transi�on, and con�nue cri�cal technical and administra�ve services to PPL with no break in service.

A Total Es�mated Cost (TEC) increase of $15,000,000.00 is needed to extend the contract for the addi�onal 12 months to carry out the support services as described below.

The current PPL ISSC Order total obligated amount of $56,318,999.91 and with the proposed increase of $15,000,000.00, a new total obligated amount of $71,318,999.91 is an�cipated. The TEC increase of $15,000,000.00 should cover all staffing and travel expenses for the 12-month extension which will be used to con�nue the following cri�cal tasks:

● Provide administra�ve support to PPL, including ac�vi�es such as scheduling, travel coordina�on, communica�ons, knowledge management, and repor�ng;

● Work with PPL to enhance USAID leadership and program effec�veness by se�ng a coherent development policy agenda for the Agency and facilita�ng evidence-based programming that unites USAID and its partners around a common vision for achieving development goals;

● Work with PPL in support of U.S. na�onal security and foreign policy objec�ves as the Bureau defines and coordinates U.S. development and humanitarian policy with our internal and external stakeholders, and shapes policy to support USAID’s elevated role at the Na�onal Security Council;

● Work with PPL in leading USAID engagement with bilateral donors and mul�lateral organiza�ons to influence global interna�onal development policies, standards and best prac�ces.

The extension will allow the inves�ga�on and the procurement to proceed while mee�ng USAID’s urgent and compelling need and transi�oning to a new contract. Extending the PPL ISSC Order will ensure USAID can con�nue to maintain the exper�se necessary to perform essen�al core func�ons in support of established PPL and Agency priori�es.

If the PPL ISSC Order is not extended, PPL would not be able to con�nue mee�ng its objec�ves including suppor�ng the rela�onship with the Na�onal Security Council, launching the new Policy kmazur Highlight

Framework, coordina�ng bilateral and mul�lateral donors, managing learning and evalua�on policy for the Agency, co-managing the COR/AOR func�on for the Agency with M/OAA, and suppor�ng the development of Mission CDCS’s, among others.

4. Authority and suppor�ng ra�onale (see 8.405-6(a)(1)(i) and (b)(1)) and, if applicable, a demonstra�on of the proposed contractor’s unique qualifica�ons to provide the required supply or service.

Urgent and Compelling Need - FAR 8.405-6(a)(1)(i)(A) The Agency's need for the supplies or services is so urgent that following ordering procedures would result in unacceptable delays.

The incumbent contractor is uniquely posi�oned to support PPL’s requirements to fulfill its foreign assistance objec�ves and provide comprehensive support services to the USAID offices during the procurement process and transi�on to the new contract. A con�nua�on of these services with the current contractor un�l the new order is in place will reduce the risks in loss or degrada�on of services, maintain con�nuity of opera�ons, provide adequate �me to evaluate and compe��vely award a new order, and ensure con�nuity in the provision of cri�cal support to meet PPL’s mandate.

Extending the PPL ISSC Order will ensure stakeholder Bureaus, offices, and Missions can con�nue to maintain the technical exper�se necessary to perform essen�al core func�ons in support of suppor�ng the rela�onship with the Na�onal Security Council, launching the new Policy Framework, coordina�ng bilateral and mul�lateral donors, managing the learning and evalua�on policy for the Agency, co-managing the COR/AOR func�on with M/OAA, and suppor�ng the development of Missions CDCS’s. There are no immediate prac�cal alterna�ves for the provision of these support services, which could only be alterna�vely obtained through Personal Services Contracts or Term Appointments, both requiring compe��ve processes and would result in significant gaps in cri�cal services un�l they could be obtained. Therefore, due to the urgent and compelling need for these services, an extension to the current services provided is the most efficient means to mee�ng these cri�cal PPL requirements.

Highlight Technologies has been successfully performing and filling these posi�ons for PPL for over 5 years.

5. Determina�on by the ordering ac�vity contrac�ng officer that the order represents the best value consistent with 8.404(d).

GSA has already nego�ated hourly rates for services under schedule contracts which are determined to be fair and reasonable. Therefore, ordering ac�vi�es are not required to make a separate determina�on of fair and reasonable pricing, except for a price evalua�on as required by 8.405-2(d).

When execu�ng this order extension the CO will evaluate pricing to determine that the order represents the best value (as defined in FAR 2.101) and will determine that all awarded prices under this extension are fair and reasonable.

6. A descrip�on of the market research conducted among schedule holders and the results or a statement of the reason market research was not conducted.

A review of the poten�al acquisi�on alterna�ves was completed taking into considera�on previous acquisi�ons of a similar item or service. We contemplated issuing an 8(a) non-compe��ve contract, but the threshold for that is $4,000,000, and would not allow us to have the 12-month extension needed. Doing numerous 8(a) contracts is not feasible because smooth transi�ons for ISSC awards of this size take approximately 2-3 months. Given the cri�cal services required to con�nue with the implementa�on of PPL’s worldwide development and public diplomacy programs, and the capability of the incumbent to implement the requirements, con�nuing services for 12 months with Highlight Technologies, LLC, is determined to be the best course of ac�on due to the urgent and compelling needs of USAID, un�l the new PPL ISSC is put in place.

7. Any other facts suppor�ng the jus�fica�on.

Allowing the PPL ISSC Order to end without a replacement mechanism will result in the loss of well over 35% of staff within the PPL Bureau, causing immeasurable damage to ongoing programs and ac�vi�es and support to the field as described in Sec�on 3. A lapse in cri�cal technical and administra�ve support for these ac�vi�es would severely undermine PPL’s ability to effec�vely implement its por�olio of awards to achieve its mandated development and public diplomacy goals.

8. A statement of the ac�ons, if any, the agency may take to remove or overcome any barriers that led to the restricted considera�on before any subsequent acquisi�on for the supplies or services is made.

USAID is working on the replacement award for the PPL ISSC Order; no addi�onal extensions are an�cipated for this order.

9. Technical or Requirement Personnel Cer�fica�on

In accordance with FAR 8.405-6(c)(2)(x), I hereby cer�fy that the technical statements included above, which form a basis for the jus�fica�on, are complete and accurate.

02/06/2023

Kathleen Mazur Date Technical Office Representa�ve

10. Contrac�ng Officer Cer�fica�on

Based on the urgent and compelling circumstance described above, I hereby cer�fy that the jus�fica�on is accurate and complete to the best of my knowledge and belief.

2/6/2023

Charles Jackson Date Contrac�ng Officer

11. Approving Official Determina�on

I have determined that FAR 8.405-6(a), as described above, appropriately applies to this order and approve by signing below.

Approved

Michael Ashkouri, Esq. Date Ac�vity Compe��on Advocate

1. Clearance

Diane Perone Date General Counsel (GC)

2. Clearance

Deborah Broderick Date Agency Compe��on Advocate

Cleared via email (Feb.8, 2023)

Cleared (email Feb.8, 2023)