Approved_J&A.pdf

USAID BANGLADESH

FROM TH E AMERICAN PEOPLE

JUSTIFICATION AND APPROVAL (J&A)

DATE: August 11, 2016

TO: Stanley Canton, Contracting Officer, Office of Acquisition and Assistance

FROM: Mohammad Shahidul Islam, Activity Manager, Office of Population, Health, Nutrition and Education (PHNE)

SUBJECT: J&A for other than full and open competition the Sisimpur activity

1. This document sets forth the facts and rationale justifying the use of other than full and open competition in accordance with FAR 6.302-l(a)(2). This document was prepared by the U.S. Agency for International Development (USAID), Bangladesh Mission (USAID/Bangladesh), Office of Population, Health, Nutrition, and Education (PHNE).

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

This is a request to approve a new sole source award to Sesame Workshop/New York (SW/NY), to implement the Bangladesh Early Childhood Educational Mass Media Outreach Activity for $4 million. Under this activity, SW/NY will provide technical assistance services to develop, produce and broadcast "Sisimpur", the Bangladesh version of Sesame Street;

develop and distribute related learning materials to schools and to strengthen the administrative and financial management and technical capacity of Sesame Workshop/Bangladesh (SW/B), the local affiliate of SW/NY.

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

Sisimpur, SW /NY, educational television program is designed to promote early reading with materials that deal with health, nutrition, safety, the environment, gender equity, personal and social responsibility, and mutual respect and understanding. Targeting young Bangladeshi children and their parents, caregivers, educators, Sisimpur's multimedia approach includes a television series as well as robust outreach programs in schools and communities, which empower parents and educators to use the content from the series to promote early learning.

Under the proposed four year $4 million new contract, SW/NY will:

• Develop and produce new Sisimpur programming supports early reading with content that includes key messages on food security, health and the environment. These episodes, while developing reading skills also build positive self-esteem, diversity and healthy conflict resolution. Sisimpur characters engage in problem solving and activities

U.S. Agency for International Development U.S. Embassy Madani Avenue. Baridhara Dhaka-12 12, Bangladesh

Tel: (880-2) 5566-2000 Fax: (880-2) 5566-2909 www.usaid.gov/bd across curricular goals such as nutrition, science learning etc., that promote self-esteem and self-confidence for Bangladeshi children. Sisimpur characters communicate through creative arts sharing core values such as the importance of collaboration (taking turns), and rights based activities. Although the contract will produce Sisimpur television episodes on specific topics that support the objectives of Feed the Future, the Global Health Initiative, and the Global Climate Change Initiative, improving early reading skills will remain the priority for the activity.

• Develop and distribute learning materials and teacher training materials based on the episodes.

• Provide capacity development for the local organization, SW /B, so that it will be able to produce and distribute the required educational materials, and raise funds to ensure future sustainability. Developing the capacity of the local organization will enable SW/B to have the requisite management, financial and administrative systems to receive direct contracts and grants from the USG and from other donors. Since 2003, USAID has had three agreements worth $17,659,705.00 with SW/NY, to support the development, production and airing of the Sisimpur television episodes and distribution of the related learning materials. These include:

i. Sesame Street Bangladesh (Sisimpur) Agreement# 388-A-00-03-00047 Period of Performance: June 10, 2003 to June 9, 2006 Total Estimated Amount (TEA):$ 6,259,705 A no cost extension was granted for three months

ii. Early Childhood Educational Mass Media Outreach Activity (Sisimpur) Agreement# AID-388-A-00-07-00001 Period of Performance: October 1, 2006 to September 30, 2011 Total Estimated Amount (TEA):$ 8,3000,000 A no cost extension was granted for nine months

iii. Enhancing Essential Life Skills (Sisimpur) Agreement# AID-388-A-13-00005 Period of Performance: July 1, 2013 to June 30, 2016 Total Estimated Amount (TEA):$ 3,100,000 A cost extension was granted for $1 million for 12 months

This support has enabled SW/NY to draw upon their major success in the U.S. and elsewhere in the world to develop a very popular Bangladeshi version of Sesame Street, "Sisimpur", with Bangladeshi puppets and content adapted to the country. As a result of these efforts, Sisimpur is now the most viewed children's program in the country. It reaches about 12 million households weekly through broadcast on R television, a cable and satellite channel, and Bangladesh television, the national broadcaster. Studies suggest that Bangladeshi children who tune in to Sisimpur make faster gains in the acquisition of academic skills such as literacy and math and benefit from its special focus on critical aspects of girls' education.

Since the activity is now well established in Bangladesh, USAID wishes to procure specific services. This makes it more appropriate to proceed with a contract rather than a cooperative agreement. SW/NY has developed four Muppet characters for their Bangladesh co-production lkri, Tuktuki, Shiku and Halum (an alternate for Big Bird in Sesame Street). These characters are immensely popular among the children and caregivers in Bangladesh. Sesame Workshop/New York has the exclusive rights to the characters and content of any Sesame Street production, including those used in the current and planned Sisimpur programming. All of these Muppets are SW/NY's proprietary resources. Programming involving these four characters would not be possible if an award were made to another organization. SW /NY has the sole intellectual and proprietary rights to all Sesame Street materials, including the Sisimpur materials, there is no other supplier.

4. Statutory authority permitting other than full and open competition: To be added Agency for International Development Acquisition Regulation {A/DAR} [A/DAR 706.302-70(a) "impair foreign policy objectives".

FAR 6.302-1 ( a)(2) "Only one responsible source and no other supplies or services will satisfy agency requirements"; permits contracting without providing for full and open competition.

5. Demonstration that the proposed contractor's unique qualifications or the nature of the acquisition that requires use of the authority cited:

The proposed contractor is uniquely qualified because it has predominant and exclusive rights to the Sisimpur characters, brand name and production formats as described below:

a) Proprietary resources

Sisimpur is a proprietary brand. As such, Sesame Workshop New York has the unique capability and proprietary rights for this innovative media production, and for community outreach and early childhood development and practitioner training materials, to build capacity and to enable children, 4 to 10 to read. These unique and proprietary capabilities were neither initiated by USAID nor developed by USAID funding. This unique and proprietary capability is not otherwise available in the market. The proprietary children's television series and its leading stars "Tuktuki" and "Halum" are proprietary puppets, the costumes and characters are pivotal to the success of the project. The proprietary design and puppetry techniques are owned by SW/NY. The characterizations of the puppets cannot be reproduced or duplicated. More importantly the relationship that the children of Bangladesh have with the characters cannot be fabricated. The proprietary architecture of these characters has created a branding and identity of trusted friend and creative teacher to both children and adults in Bangladesh. PHNE has reviewed currently available mass-education alternatives and finds no competitive alternative to Sisimpur.

b) Specializedfacilities or technical expertise

Sesame Workshop New York has specialized facilities and technical expertise that are unique to Bangladesh. The company's unique expertise in handcrafting specialized sets (production studios), a variety of interactive games and program material (scripts) is the strength behind the execution of Sisimpur. Sisimpur' s technical superiority and ability to gain audiences across age, gender and culture on a grassroots level has helped to build strong partnerships within Bangladesh. This sustainable educational television series has created a methodology and educational model for early learners. The combinations of basic educational skills coupled with music, theatre and dance on issues of culture, hygiene, health and disaster response is a unique and organic production.

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) 5.201 and AIDAR 706.302-70(c)(l).

Not Applicable

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

Through use of the attached IGCE

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

Per ADS 302.3.4.Sh.(2) the approved J&A will be posted to Fedbizops 14 days after award

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

None

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

None

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:

None

12. Technical or requirement personnel certification:

I hereby certify that the technical statements included above and which form basis for the justification are complete and accurate.

I , Mohammad Shahidul Isl~ Technical Office Representative

13. Contracting Officer's Certification:

Pursuant to FAR 6.303-2 (b) (12) I hereby certify that the justification is accurate and complete to the best of my knowledge and belief.

Stanley Canto

14. Clearances:

[As required see ADS 302 Mandatory Reference Key Guidance]

Alexis Taylor-Granados, Resident Legal Officer 011-z..S'l '1..C ·~

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Mission Director (Head of Contracting Activity)

Date 6/2/2016

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Action File Note and Return x Approval x For Clearance Per Conversation

As Requested For Correction Prepare Reply

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Comment Investigate Signature

Coordination Justify

REMARKS

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-y, t l.e .d ~ DO NOT use this form as a RECORD of approvals, concurrence, disposals, clearances, and similar actions

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Mohammad Shahidul Islam/OPHNE Phone# 2522