Redacted_J and A_Signed.pdf

August 23, 2023

LIMITED SOURCES JUSTIFICATION

TO:

FROM:

SUBJECT:

Supervisory Contracting Officer

, Activity Manager /s/

Justification for an Exception to Fair Opportunity to issue a sole source procurement under GSA Multiple Award Schedule Contract 47QRAA19D00BV.

1. This document sets forth the facts and rationale justifying an exception to fair opportunity, in accordance with FAR 8.405-6. This document was prepared by the Bureau for Latin America and the Caribbean’s Office of Cuban Affairs (LAC/Cuba) seeking to sole source an award for services of a monitoring, evaluation and learning services contractor to assist in continued oversight and management efforts under GSA Contract Number 47QRAA19D00BV.

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

This is a request to approve a sole source task order in the amount of $235,593, with a one-year period of performance NTE 12 months, under GSA MAS Contract 47QRAA19D00BV. This request is for a follow-on contract. This requirement is currently performed by Encompass LLC under a GSA Schedule Task Order. The award number is 7200AA20M00016 with a period of performance October 1, 2020 - September 30, 2023. The award TEC amount is $584,012.44.

USAID operates Cuba programs through a very limited staff in Washington, D.C. and has no direct presence in Cuba. Given the closed country environment and sensitivities under which the program operates, USAID’s ability to directly monitor and evaluate implementing partner activities on the island is restricted. Similarly, implementing partners have challenges with monitoring and evaluating projects, sub-projects, and sub-partners due to challenging conditions and security concerns.

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

The LAC/Cuba program requires services that will help USAID and its partners offset the challenges to adequately monitor activities, analyze data quality, measure progress, and evaluate impact. In particular, LAC/Cuba seeks support in planning, designing, conducting, disseminating, and learning from monitoring and evaluation of its assistance activities. This includes designing and implementing quantitative and qualitative assessments, and providing expert analysis of performance data and context dynamics, such as gender and social inclusion in vulnerable populations. The period of performance is October 1, 2023 – September 30, 2024. The estimated value of this award is $235,593. LAC/Cuba expects to fund this action with expiring FY22 Economic Support Funds (ESF) in this fiscal year FY23, with an expected start date of October 1, 2023.

4. Authority and supporting rationale (see 8.405-6(a)(1)(i)), including a demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the exception cited.

FAR 8.405-6(a)(1)(i)(C) “ In the interest of economy and efficiency, the new work is a logical follow-on to an original

Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order or BPA must not have been previously issued under sole-source or limited-sources procedures.”

This is a follow-on to an existing order 47QRAA19D00BV/7200AA20M00016, placed in accordance with the applicable Federal Supply Schedule ordering procedures, where EnCompass LLC has acquired a deep understanding of the complexities required for monitoring, evaluation, and learning (MEL) services related to this non-presence democracy program. This is a logical follow-on because EnCompass LLC’s in-depth knowledge and awareness of the contextual and operational intricacies in Cuba is relevant and necessary when reporting on performance monitoring data to strengthen implementing partners' data quality. This is in the interest of economy and efficiency because EnCompass LLC has gained the capacity, flexibility, and expert technical skills needed to read, understand, develop tools, and communicate data surrounding the nature of this complex program. Through their performance of the current award they built trusted relationships with LAC/Cuba’s implementing partners, and created an environment of mutual respect all while managing, processing, and delivering various outputs and contributing to the end of year annual USAID and Department of State Cuba Performance Plan Report. The significant time it would take for another contractor to develop the necessary technical skills and relationships would result in a duplication of cost that could not be overcome through competition.

The initial order was a competitive solicitation, and all awardees were given a fair opportunity to be considered, but this follow-on sole-source contract is logical and necessary during a time when MEL services for Cuba are particularly sensitive. LAC/Cuba expanded FY21 human rights programming following historic protests in Cuba on July 11, 2021 that resulted in widespread human rights abuses and increased need for support to political prisoners. EnCompass worked closely with implementing partners to design unique indicators to track the impact of the protests on local activities and to inform results reporting. This data is sensitive and it would be beneficial to continue the contracted services through September 2024, to best manage the database. The data is used for programmatic purposes to ensure adequate monitoring and oversight, to respond to Senior-level data calls and to address congressional inquiries relating to program activities on-and-off island. The contractor's past performance is acceptable.

5. A demonstration by the Contracting Officer that the the order represents the best value consistent with 8.404(d):

GSA has already determined the prices of supplies and fixed-price services, and rates for services offered at hourly rates, under schedule contracts to be fair and reasonable. Therefore, ordering activities are not required to make a separate determination of fair and reasonable pricing, except for a price evaluation as required by 8.405-2(d). By placing an order against a schedule contract using the procedures in 8.405, the ordering activity has concluded that the order represents the best value (as defined in FAR 2.101) and results in the lowest overall cost alternative to meet the Government’s needs. Although GSA has already negotiated fair and reasonable pricing on the MAS contracts, the Contracting Officer may seek additional discounts before placing an order.

6. A description of the market research conducted among schedule holders and the results or a statement of the reason market research was not conducted:

After extensive review of schedule holders, USAID determined that a set of limited vendors could potentially have the ability to meet the requirements of the scope of work. However, a review demonstrated that these potential vendors do not at present have well-established relationships with current USAID partners in Cuba. These relationships are necessary in Cuba’s sensitive operating environment to collect the in-depth information regarding experiences and program activities that is required for MEL . Additionally, the potential vendors do not have expertise in USAID’s democracy programming in Cuba. The time required for a potential new vendor to develop relationships with implementing partners and acquire the necessary expertise would impact programming at a particularly sensitive time in Cuba and result in economic inefficiencies.

7. Other facts supporting the use of exception to fair opportunity:

In short, the time and government resources it would take to ensure that a new contractor can sufficiently perform the program description and do so within the contextual nuances and security sensitivity of Cuba, would not only delay implementation of vital USG-supported activities, but potentially put our local partners and their sub-awardees at risk.

8. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made:

USAID does not envision barriers to future contracts that would lead to the exception of fair opportunity. Therefore, subsequent acquisition of these services will be competed to the maximum extent possible.