J A_MSI_TO_AID-OAA-TO-10-00053_Mod_06_FINAL_REDACT_2013-09-12.pdf

August 22, 2013

ACTION MEMORANDUM

TO: Mark Walther, Activity Competition Advocate, Deputy Director of Operations, M/OAA/OD

THROUGH: Richard E. Spencer, Contracting Officer, M/OAA/DCHA, (interim CO for this action)

FROM: Rochelle Thompson, Contracting Officer’s Representative (COR), DCHA/PPM

SUBJECT: Justification and Approval for an Exception to the Fair Opportunity Process, DCHA Training and

Learning Support Task Order with Management Systems International No. AID-OAA-TO-10-00053, under IDIQ No. AID-OAA-I-10-00002

RECOMMENDATION:

That you approve an exception to the fair opportunity process in accordance with FAR 16.505(b)(2)(i)(C) in order to extend Task Order No. AID-OAA-TO-10-00053 to provide: (1) cost extension from September 30, 2013 by 24 months to September 30, 2015; (2) an increase in the total budget and ceiling from $3,102,679 by $837,229 to

$3,939,908; (3) an increase in level of effort from 2,490 by 1,128 to 3,618 person-days and (4) add incremental funding in the amount of $457,143 to the Management Systems International task order.

ESSENTIAL FACTORS:

In support of DCHA and the Administrator’s renewed commitment to talent management, DCHA/PPM created a Training and Learning Program to ensure that the skill and knowledge needs of DCHA and BS-76 staff were addressed and appropriate activities and interventions were made available. Through the Management Systems

International (MSI) task order (TO) a number of training activities are supported in technical areas such as crisis prevention, political transition, conflict mitigation and governance. This kind of technical training is particularly important as DCHA staff, specifically BS-76 Officers increasingly design, program and implement activities in fragile and vulnerable environments. MSI’s support of activities ranging from curriculum design and delivery, assessing learning through evaluation, and knowledge management through dissemination of electronic information and e-learning development were performed exceedingly well. In an environment where training resources are becoming scarce, the decision to have one mechanism for the DCHA Bureau represents a prudent and efficient use of resources.

Under this action, the scope of work will not change, thereby allowing DCHA/PPM to take advantage of the momentum built over the last few years while completing the full curriculum of training and learning activities envisioned under this effort. This 24-month cost extension serves as an interim action to accommodate the design and award schedule of a DCHA Bureau level IDIQ in which task orders for individual offices can be awarded. As with the initial task order, the follow-on DCHA Bureau IDIQ will be competed full and open following the expiration of the basic IDIQ, whose ordering period currently runs from August 2, 2010 through August 1, 2015. Per Section F.1 of the IDIQ, task order performance periods may exceed the expiration IDIQ by no more than one year.

Attachments:

Tab 1 - Background

Tab 2 - Justification and Approval for an Exception to Fair Opportunity (J&A)

Tab 3 - Estimated Budget and LOE for 24 month cost extension ** To be Redacted Upon Public Posting **

TAB 1: BACKGROUND

MSI is the prime contractor on the DCHA/PPM Learning and Training Support Task Order (TO.) Under this

TO, MSI supports the DCHA Bureau learning and training agenda as well as analysis through training curriculum design and delivery, learning assessment through evaluation, and knowledge management through dissemination of electronic information and e-learning. Over a two and a half year period, September 2010 through May 2013, MSI under the auspices of USAID/DCHA/PPM designed, delivered and/or supported 24 trainings, two workshops, one conference, an online portal, and one analytical guide (see full list of activities in below table). Of the 24 trainings, seven were offered overseas.

List of activities under DCHA/PPM Task Order (TO)

Activity Office Result *PES (out of

5)

DCHA Essentials Training DCHA/PPM Designed, facilitated and supported 7 trainings 4.27

Crisis, Stabilization &

Governance Training (CSG) DCHA/PPM Designed and led 7 trainings 4.25

Advanced Conflict

Assessment (ACA) Training

DCHA/CMM

Partial design and support of 3 trainings 4.23

Conflict 102 (C102) DCHA/CMM Supported 5 trainings 4.18

Gender & Conflict DCHA/CMM Partial design and support of 2 trainings 4.11

Staff Retreat DCHA/CMC Designed and led 1 retreat

Lessons Learned DCHA/OCR Designed and facilitated 1 workshop

DCHA-AFR State-of-the-Art

Conference

DCHA & AFR

Designed and supported initial planning

DCHA Portal DCHA/PPM Design and maintain online information forum

Guide to Conflict Sensitive

Programming (for USAID users)

DCHA/CMM

Phase I literature review completed

*PES – Participant evaluation score

Despite the fact that year one was primarily dedicated to curriculum design and development, nearly 400 participants have been trained across the DCHA bureau and in the field under this task order. Over 100 of the participants were junior and mid-level Foreign Service Officers (FSOs) recruited under the Development Leadership

Initiative (DLI) Program. Also, more than 30 FSNs have been trained across the globe with a total of 110

(approximately 30%) participants based in USAID Missions overseas. Cumulatively, all training/facilitation activities received a score of 4.23 on a 5 point scale.

Overall beyond MSI’s performance over the last two and a half years, DCHA/PPM believes that an additional

24 months will allow for further accomplishments in addition to providing the necessary time needed to complete the design and accommodate the award process and timeline.

TAB 2: JUSTIFICATION AND APPROVAL FOR AN EXCEPTION TO FAIR OPPORTUNITY (J&A)

The information set forth below provides the justification for an exception to fair opportunity process, specifically requesting to: 1) extend Task Order AID-OAA-TO-10-00053, held by Management Service, Inc. (MSI) under IDIQ No. AID-OAA-I-10-00002, from September 30, 2013 to September 30, 2015 (24 months); 2) increase the TO ceiling and budget from $3,102,679 by $837,229 to $3,939,908; increase the level of effort from 2,490 by

1,128 to 3,618 person-days for the life of the project and 4) incrementally fund in the amount of $457,143. [The scope of work under this Task Order will not change. The 24-month cost extension serves as an interim action to accommodate the design and award schedule of a DCHA Bureau level IDIQ in which task orders for individual offices can be awarded. This action is in the interest of economy and efficiency because it is a logical follow-on to the order already issued as further explained below.

1. This document sets forth the facts and rationale justifying the use of other than full and open competition, in accordance with:

FAR 16.505(b)(2)(i)(C) “The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.” This document was prepared by USAID’s

M/OAA/DCHA Division and the cognizant technical office DCHA/PPM.

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

This is a request to approve a logical follow-on task order modification to continue the work currently being performed for a longer period. Under this action MSI will provide a continuation of training services as described below.

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

Current Task Order Statement of Work

The DCHA Program uses the performance improvement approach that is learner-focused and grounded in experiential learning all aimed at building the capabilities of our technical leaders and managers. The services required under this scope of work covers a range of learning and training activities including analysis through training curriculum design and delivery, assessment of learning through evaluation, and knowledge management through dissemination of electronic information, resources and lessons learned among technical staff in the field and Washington. The scope includes:

Orientation support in terms of development of materials including job aids, performance tools, and checklists to support on-boarding of new staff. Design and edit of electronic handbooks that serves as briefing books for incoming supervisors, managers and leadership.

Technical training course curriculum development, piloting and revising of introductory and intermediate content based on BS-76 competencies and proficiency levels. Facilitation and support DCHA 101 technical orientation course, in addition to the introductory and intermediate technical courses. Training of trainer’s effort is also expected to continue.

Learning and evaluation support includes the design, administration (as needed, analyze and report on) evaluation of data gathered and disseminated from DCHA essentials, CSG and Conflict courses. This effort also includes compiling and disseminating follow-up data after six months to gauge use and application of knowledge and skills. Additionally, assistance is currently being provided to construct and conduct a professional development needs assessment that builds on the FEVS that will inform the delivery of activities.

Distance learning and web-based training to ensure that field staff remain up to date on programming, implementing and designing of crisis prevention, response, recovery and transition activities assistance and support with the development of content of e-learning modules, working with subject matter experts to identify critical best practices and lessons learned.

Knowledge management activities include development and testing of website content including orientation, promotional materials and performance management tools. Copy-editing, formatting and design/layout services are also provided.

Conference, workshop, event planning logistics and delivery including managing the communications, planning, facilitation and logistics, as needed, for events. Logistics support also covers the DCHA

Essentials Course offered three times a year and the regional CSG courses in conducted in Africa, E&E and middle-east regions. MSI helps with the development and revision of overview course and the preparation of the orientation materials.

Monitoring and evaluation activities include pre-and post-test administration to gauge understanding of content presented in each of the learning events.

Services sought under this task order directly contributed to strengthening the ability of DCHA staff worldwide to effectively program, lead and manage in complex crises environments while meeting the goals of the Agency.

Given the complexity and attrition of this backstop, the contractor support of a core set of standardized training activities that are competency-based, complementary and synergistic is crucial to sustaining technical leadership and retaining junior and mid-level technical officers and experts. This activity also supports USAID Forward’s talent management objective. The continuation of the training and learning program will ensure that DCHA staff including BS-76 Officers continue to build capacity regarding substantive technical areas as well as Agency initiatives such as USAID Forward.

Extension of Services

Under this action, MSI will continue to provide a complex array of training and learning activities for all of DCHA including BS-76 staff in Washington, Regional Bureaus, Mission staff and where feasible and possible, in-country, host-country and local partner professionals, including developing a blended, multi-faceted learning program with a mix of distance learning modules, instructor-led core training courses, and tailored on-demand training. MSI technical staff are highly proficient with a firm grasp and depth of knowledge of crisis prevention, response, recovery and transition activities in fragile and often vulnerable environments. This sector has multiple technical disciplines operating in a given country and the current contract staff possesses a range of those technical disciplines in addition to bringing their regional and country perspectives that often translates into a robust case study for courses being offered under this task order. Given their work over the last three years, MSI is uniquely positioned to effectively design and implement DCHA technical training as evident in the DCHA Essentials, Crises, Stabilization and Governance and Advance Conflict Assessment courses designed and piloted over the last three years. Further MSI’s particular range of technical expertise in analytical and field projects in democracy and governance, strategic planning, conflict mitigation, systems strengthening and change management are integral to support strengthening of technical staff capacity in addition to contributing to their achievement of personal, professional and organizational goals. With more than 65% of countries USAID works in experiencing or projected to experience disaster, crises and/or conflict, DCHA cannot afford to have a disruption in these services.

The Contractor will need to continue to support orientation of new staff, technical training to retool and/or address skills gaps, distance learning and knowledge management to share best practices and lessons learned in programing and implementation of activities in fragile and vulnerable countries.

Under this 24-month extension modification, the Contractor will address a range of DCHA competencies at each proficiency level. The extension period will include curriculum development, revision and pilot testing for a systems thinking in complex environments and monitoring and evaluation of crisis prevention, response, recovery and transition activities including two additional intermediate courses within the overall statement of work of this task order. The anchor of the Program is the DCHA Essentials, and the Crisis, Stabilization and Governance

Course that provide participants with the basic principles and concepts of crisis, stabilization and governance programming options, funding mechanisms, and resources available in order to efficiently perform job responsibilities. Also during this extension, the Contractor will initiate training of trainers in order to have a core group of staff to co-facilitate if not facilitate trainings. Noting that due to limited OE funds, attrition and skill set prevent a large number of direct hire staff to serve as trainers for the long term.

MSI’s consultant services will continue to support the development of a core set of standardized training activities that represent the DCHA Bureau and BS-76 as a whole. These continued activities will continue to be linked to

BS-76 competencies already developed in order to be complementary and synergistic. These services will continue to delivery range of training, e-learning modules, knowledge management resources, learning and evaluation support as described under services provided.

The remaining pipeline under the current contract and additional the $837,229 in funding will cover the facilitation and revision of existing courses and development of companion materials, design and pilot of two additional intermediate courses as indicated above, revision of materials, development of two-introductory e-learning module, one regional state-of the art workshop, and webinar on resilience in context of prevention, response, recovery and transition. There are very limited funds available for the Bureau, and therefore there is little expectation there will be sufficient funds next fiscal year for this activity which is part of the Administrator’s talent management priority.

This modification action will increase the TO ceiling and budget from $3,102,679 by $837,229 to $3,939,908 for an increased level of effort from 2,490 by 1,128 to 3,618 person-days based on 1) the pipeline of remaining available LOE and funds; and 2) increased LOE and funds required for this 24 month extension. The estimated five year life of project total of $3,939,908 million is considerably lower than other training and learning activities in the Bureau and/or Agency.

4. Statutory authority permitting exception to fair opportunity process:

Pursuant to FAR 16.505(b)(2), the Contracting Officer shall give every awardee a fair opportunity to be considered for a delivery-order or task-order exceeding $3,000 unless one of the following statutory exceptions applies:

FAR 16.505(b)(2)(i)(C) “The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.”

FAR 16.505(b)(2) exceptions properly apply to non-competitive task order actions where fair opportunity for competition among IDIQ holders would normally apply. This extension of the performance period for additional work within the currently enumerated in the Scope of Work warrants use of a fair opportunity exception.

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

For exceptions under FAR 16.505(b)(2)(i)(C), justifications must meet the following criteria per FAR

16.505(b)(2)(ii)(B), all of which are addressed by this J&A.

In this instance, use of the logical follow-on exception requires a rationale describing why the relationship between the initial order and this follow-on activity is logical, e.g., in terms of scope, period of performance, or value (see

(FAR 16.505(b)(2)(ii)(B)(4). The statement of work at the original time of contract award has as this stated purpose:

“USAID’s Bureau for DCHA seeks support with training and learning activities as well as analysis through training curriculum design and delivery, assessing learning through evaluation, and knowledge management thorough dissemination of electronic information, resources and lessons learned amongst technical staff in the field and Washington. These services will directly contribute to the ability of DCHA Bureau technical staff to effectively lead and manage Crises, Stabilization and Governance programs and activities worldwide while meeting Agency goals.”

This 24 month extension will build upon the training and learning activities already completed and will provide a logical continuation of the learning path already begun by the contractor as described more fully above in item #3.

Specifically activities will aim at linking the DCHA framework of prevention, response, recovery and transition to the core curriculum activities as listed below.

DCHA Essentials Training

Crisis, Stabilization & Governance Training (CSG)

Advanced Conflict Assessment (ACA) Training

Conflict 102 (C102)

Gender & Conflict

Additional courses such as Systems Thinking in crises environments and Monitoring and Evaluation of Crises

Activities in fragile states.

Facilitation on several strategic planning sessions in DCHA to support joint programming of countries such as

Syria, Yemen, Afghanistan, Staff Retreat

Lessons Learned

DCHA-AFR State-of-the-Art Conference

DCHA Portal

Guide to Conflict Sensitive Programming (for USAID users)

The value of the continued services as in the past is supported by its funding burn-rate which has historically averaged $60,000 and will continue at this rate over the course of the requested 24 month extension until activities wind down by the contract completion date.

This extension and commensurate increase in the ceiling of the task order will allow continued support of the development and delivery of these types of training and related publications for the DCHA Bureau. Without this modification critical DCHA training activities will lose momentum and will disrupt the gains in improving skills and knowledge of BS-76 staff operating in a very complex environment. The Bureau as well as the Agency would experience significant inefficiencies as the quality of oversight and management of programs in addition to impacting on Agency’s priorities and initiatives such as USAID Forward/Procurement Reform.

Application of default fair opportunity rules for competition among IDIQ holders would be inefficient in terms of the re-orientation of a new contractor to the existing training programs and unnecessary start-up costs if the work were to change hands. Even if another vendor had the capacity to provide the services, the learning curve for a new contractor to either adopt MSI’s current specialized curriculum or develop a new one would create time delays and probable losses in quality.

The ordering period for the basic IDIQ currently runs from August 2, 2010 through August 1, 2015, and task orders may exceed the expiration of the IDIQ ordering period by no more than one year (per Section

F.1 of the IDIQ.) This 24 month extension will allow time for a new IDIQ to be competed and awarded. No further work will be ordered until after the new IDIQ is competed and awarded among the greater vendor community.

6. Description of the efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by Federal Acquisition

Regulation (FAR) 5.202(AIDAR 705.002)): FAR 5.202 (a) (11) provides an exception.

In accordance with FAR 16.505(b)(2)(ii)(D), within 14 days after placing the order the Contracting Officer shall make this justification publically available:

(i) At the GPE www.fedbizopps.gov;

(ii) On the Agency Web site via linking to the GPE; and

(iii) it will remain posted for a minimum of 30 days.

The Contracting Officers will carefully screen the justification for Contractor proprietary data and remove all such data, and such references and citations as are necessary to protect the proprietary data, before making the justifications available for public inspection.

Note also that the proposed modification action is made under the terms of an existing contract that was previously synopsized in sufficient detail to comply with the requirements of 5.207 with respect to the current proposed contract action. The Task Order was awarded under a parent IDIQ which was awarded under full and open competition.

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

The fixed daily rates were determined fair and reasonable based on a fully competitive RFTOP at the time of the initial award and in full force until the end of the IDIQ expires in 2015 and prices and costs under this extension will be negotiated using the contractor’s existing rates. The MSI’s task order is a time and materials type contract using only fixed daily rates.

8. Description of the market research conducted, and the results or a statement of the reasons market research was not conducted:

The full and open competition for the initial award of the IDIQ and subsequent Task Order AID-OAA-TO-10-

00053 remains the best indicator of the market’s response to this ongoing requirement. There is no need, therefore, for additional market research.

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

N/A - already included above.

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

N/A since FAR 16.505(a)(1) does not require synopsis of IDIQ orders.

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

As explained above, the ordering period for the basic IDIQ currently runs from August 2, 2010 through

August 1, 2015, and task orders may exceed the expiration of the IDIQ ordering period by no more than one http://www.fedbizopps.gov/ http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/05.htm#P124_24576 year (per Section F.1 of the IDIQ.) The Agency will not be extending this task order beyond the requested extension to Sept. 30, 2015 to allow for the design, procurement and award of a new IDIQ for the competition for the provision of services in the future.

TAB 3: INDEPENDENT GOVERNMENT COST ESTIMATE - BUDGET AND LOE

** To be Redacted Upon Public Posting **

Years 1-5 LOE:

Category Total Person

Days Actual

(09/30/10 –

09/30/12)

Total Person

Days

Projected

(10/01/12 –

09/30/13)

Total Person

Days

(10/01/13 –

09/30/15)

Yrs 4 & 5

Total

Person

Days

Yrs 1-5

Total per

Task

Order

Contract

Difference

Program Development

Specialist (Senior)

253.64 235 282.00 770.64 554.88 215.76

Program Development

Specialist (Mid)

351.36 262.37 380.00 993.73 804.44 189.29

Management

Information Specialist

(Mid)

132.95 15.19 56.00 204.14 233 (-28.86)

Administrative Support

(S/M/Mid)

498.14 381.13 770.00 1649.27 897 752.27

Total 1,236.09 893.69 1,488.00 3617.78 2,490 1,128

Years 1-5 Budget:

Category Total Billed

(09/30/10 –

09/30/12)

Total

Projections

(10/01/12 –

09/30/13)

Total Projection

(10/01/13 –

09/30/15)

Years 4 & 5

Total Budget

(Years 1-5)

Total per TO

Contract

Difference

Work Days

Ordered at FDRs

$1,009,888.20 $ 789,019.42 $ 1,284,440.00 $3,083,347.67 $ 27,911.04 $ 955,436.58

Other Direct

Costs

$ 252,668.24 $ 211,287.36 $ 94,283.94 $ 758,239.54 $ 862,799 $

(104,559.46)

Indirect Costs

(On ODC)

$ 32,596.08

$ 27,467.48

$ 38,256.92

$ 98,320.48

$111,968.89

$ ( 13,648.41)

Total $1,295,152.52 $1,027,774.86 $1,616,980.86 $3,939,908.00 $3,102,679.00 $ 837,229

CLEARANCE PAGE FOR ACTION MEMORANDUM requesting approval for 24 cost extension based on an

Exception to Fair Opportunity per FAR 16.505(b)(2) for Task Order AID-OAA-TO-10-00053.

Clearance:

DCHA/DRG: Ashely Quarcoo___CLEARED__ Date ___4/23/13________

DCHA/PPM: RJennings _______DRAFT____ Date __6/6/13__________

Acting Director

DCHA/PPM: Daniel Corle Date

General Counsel

GC/A&A: Linda Leonard CLEARED BY E-MAIL Date 08/30/13

As required per ADS 302.3.4.5.g

Agency Competition Advocate (ACA)

M/OAA/OD: Jean Horton Date

Drafter: DCHA/PPM:RoThompson:c: Action Memorandum MSI Cost Ext 6-6-13(2)