TSS Modification JA 15 April 2020 Final.pdf

JUSTIFICATION AND APPROVAL (J&A)

TO: Brian K. Woody, Contracting Officer, Regional Office of Acquisition and

Assistance, USAID/Southern Africa

CC: Deborah Broderick, Agency Competition Advocate, Deputy Director, CTS

FROM: Anita Sampson, Deputy Director, Health Office, USAID/Southern Africa

DATE: April 15, 2020

RE: Contract No. 72067419C00001 Technical Support Services Activity (TSS)

SUBJECT: Justification for Other than Full and Open Competition under the Expedited

Procedures Packages for the Prevention, Care, and Treatment of HIV/AIDS to modify Contract No. 72067419C00001

We request approval of this justification for use of other than full and open competition pursuant to the authorities provided under the “Expedited Procurement Procedures for Prevention, Care, and Treatment of HIV/AIDS” (the HIV/AIDS Expedited Procedure Package or the HIV/AIDS EPP) approved on December 31, 2019, and valid through December 31, 2024.

Tab 1 of the HIV/AIDS EPP entitled “Authorization for Use of Other Than-Full-and-Open Competition in the Award or Modification of Contracts Funded Under the President’s Emergency Plan for AIDS Relief,” is the Determination and Findings (D&F) that outlines the Administrator’s determination that PEPFAR activities compliance with full and open competition requirements would impair foreign assistance objectives. Your approval of this J&A constitutes the justification required by ADS 302 to exercise the authority outlined in the D&F.

a) Nature and/or description of the action being approved.

USAID/Southern Africa (USAID/SA) Health Office (HO) requests ROAA to modify Contract No. 72067419C0001 to extend the current end date from May 2, 2023 to May 1, 2024, increase the Total Estimated Cost (TEC) by $25,000,000.00 from $3,998,350 to $28,998,350, and expand the geographical target area to include countries being supported by USAID/SA’s Regional Health Program (RHAP).

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

The Technical Support Services (TSS) activity was awarded to the Panagora Group (Panagora), a women-owned U.S. small business, on May 3, 2019. The contract ends May 2, 2023 and the TEC is $3,998,350.00. The current objective of TSS is to provide technical support and consultant services to the USAID/SA HO, host country governments, and non-governmental organizations (NGO), in support of U.S. development assistance activities and to achieve PEPFAR targets and goals. The scope of the TSS Contract is divided into three support tasks - Support Task 1:

Technical Support, which includes monitoring and evaluation technical support; Support Task 2:

Capacity Building, and Support Task 3: Program and Operations. TSS supports USAID/SA technical priorities within the health sector and develops creative, efficient and innovative solutions to strategically allocate resources, strengthen connections with partners, and replicate best practices and efficient models.

USAID/SA HO requires a modification of the current contract to significantly increase the level of effort in the three Task areas and expand the geographic focus to include other host country governments in Southern Africa who are currently receiving USAID technical and program support through the USAID/SA Regional Health Program (RHAP).

The additional level of effort will provide a significantly increased level of technical support and consultant services to USAID/SA HO and USAID/SA RHAP to support achievement of PEPFAR results in Southern Africa and protect the USG investment to date by mitigating negative impacts as a result of the emerging health crisis due to the COVID-19 pandemic.

The following provides details on the increased level of effort by Task within the scope of work of the contract.

Task 1: Technical Support

Under Task 1, the level of effort will be significantly increased specifically in monitoring and evaluation.

• Increase the utility of and access to USAID/SA data and results to improve use of data by USAID/SA and implementing partners (IPs) to improve programming and targeting of resources to maximize achievement of results and use data to highlight programmatic success during technical meetings and conferences.

• Conduct objective reviews of USAID/SA IP data to optimize data systems and provide technical support to develop IP capacity, where needed.

• Develop common data management processes to more efficiently utilize existing platforms and standardize data processes and systems of USAID/SA and IPs.

• Incorporate data analytics into the current data systems to capture and analyze data related to the impact of emerging infectious disease on the current HIV epidemic in Southern Africa to inform expanded programming in response.

• Broaden the technical knowledge base and improve use of technical data from other sources, such as assessments, evaluations, studies, and other stakeholder reported data.

Task 2: Capacity Building

Under Task 2, the level of effort will be increased to include:

• Capacity development for USAID implementing partners and the technical staff of host country governments within Southern Africa (at national and sub-national levels) through secondment of technical experts, both long and short term.

Task 3 – Program and Operations

Under Task 3, the level of effort will be significantly increased to provide both short-term and long-term program and operations support to USAID/SA Health Office and RHAP.

An Independent Government Cost Estimate (IGCE) was developed to determine the increased total estimated cost based on the increased level of effort for each of the Task areas under the contract. The value of the extension was determined by USAID/SA HO through an evaluation of the historical level of effort required of similar technical support during the previous four years, type of activities implemented, number of consultants needed, program staff needs, in addition to projecting level of effort needed.

c) Identification of statutory authority permitting other than full and open competition.

AIDAR 706.302-70(b)(3) and FAR 6.303-2 allow for USAID to limit competition when compliance with full and open competition procedures would impair foreign assistance objectives. The “Expedited Procedures for the Prevention, Care, and Treatment of HIV/AIDS” (the HIV/AIDS Expedited Procedure Package or the HIV/AIDS EPP) was approved on December 31, 2019 and valid through December 31, 2024. The EPP includes a D&F by the USAID Administrator that authorizes the use of other than full and open competition for modification of contracts funded under PEPFAR. A copy of the HIV/AIDS EPP D&F is attached.

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

South Africa is currently the “epi-center” of the global epidemic and carries the majority of the HIV burden in Africa. The Office of the Global AIDS Coordinator (OGAC) declared that South Africa’s epidemic is in a heightened “state of emergency” compared to three years ago and is significantly negatively impacting the ability of the U.S. Government’s PEPFAR program to achieve its goal of global HIV epidemic control. OGAC has requested an urgent and transformative response by USAID/SA and the GoSA, to include significantly intensifying all aspects of management and oversight.

The emerging health crisis in South Africa and Southern Africa as a result of the COVID-19 pandemic puts at risk the USG PEPFAR investment to date towards HIV epidemic control. South Africa currently has the highest number of confirmed COVID-19 cases on the African continent and is extensively interconnected with the Southern Africa region. Early modeling suggests the country could have an estimated 668,000 hospitalizations and up to 350,000 deaths related to COVID-19, although actual impact could be more severe. Despite its relatively strong health system, South Africa cannot adequately respond to an epidemic of this magnitude. The country is particularly vulnerable to the outbreak given its status as a transportation hub within the region and its enormous HIV and TB burden. With an estimated 7.6 million people living with HIV and an estimated 500,000 people per year who acquire tuberculosis and are immuno-compromised, South Africa is expected to face an above-average COVID-19 fatality rate.

The current contract has enabled USAID/SA HO to quickly and efficiently respond to the human resource staffing needs, both short- and long-term, and most effectively respond to OGAC’s request for increased management oversight. Under the PEPFAR Country Operational Plan for fiscal year 2020 (COP20), OGAC has further emphasized the need to continue intensifying direct management and oversight of implementation of PEPFAR activities in South Africa. HO is proactively planning forward for both short- and long-term support services to ensure effective and strategic management of the PEPFAR activities. Extending the current end date and increasing its TEC ensures that HO has an active flexible mechanism in place to achieve this.

As noted in the HIV/AIDS EPP, USAID must be able to respond quickly and effectively in meeting the critical needs of HIV/AIDS activities and programs. The extension of the referenced contract responds to directives from OGAC to urgently intensify efforts towards HIV epidemic control and mitigate the negative impacts of the emerging COVID-19 pandemic in Southern Africa.

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

USAID/SA HO considered the feasibility of a full and open competition, however, it was determined that given the urgency for an increased level of effort for technical support services, a costed time extension would ensure continuity of technical support to USAID/SA as they increase and intensify management and oversight of the PEPFAR program. Through USAID’s investment, the current implementing partner has well-established and successful working relationships with USAID, key stakeholders in the Southern Africa region, and USAID implementing partners. In addition, the contractor is often requested by other USAID Missions in the Southern Africa region for technical support. The contractor is best positioned to expand technical support to these USAID missions and their stakeholders. The PEPFAR program in South Africa has experienced direct negative consequences as a result of a lack of HO human resources and technical consultants to support the intensified management approach of OGAC. In planning forward, HO is ensuring that this will not occur again in the near term as USAID strives to support the achievement of HIV epidemic control in South Africa.

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

Since this is an extension of ongoing activities under the current contract, USAID anticipates that proposed costs under this extension will be consistent with costs the contractor is incurring during contract implementation. A full cost analysis of the extension proposal will be conducted to ensure that cost estimates are fair and reasonable. In addition, an independent government cost estimate has been completed for the extension and will serve as a reference point in analyzing proposed costs. Therefore, the Contracting Officer anticipates that the cost to the Government will be determined to be fair and reasonable.

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.

In considering this extension and expansion modification, USAID assessed whether or not any other organization in the Southern Africa region or internationally would be able to quickly establish an effective working relationship with USAID and stakeholders, and avoid a loss of momentum or lag of implementation and achievement of results. It was determined that while other organizations had the technical capability to implement the activity, Panagora was best placed to continue contract activities owing to its ongoing relationship with USAID and stakeholders. Panagora already has established valid, on-going agreements and partnerships related to this specific program, which will allow them to continue operating without a gap in performance, which would be very difficult for any other firm to replicate. It is likely that issuing a new solicitation for these activities would impede achievement of results towards HIV epidemic control in South Africa. It was determined that risking a delay in the achievement of these critical PEPFAR objectives is not acceptable.

h) A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

As this proposed action is a modification rather than a new requirement, and was not publicized, no sources expressed in writing an interest in the 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.

Upon conclusion of the contract, USAID/SA HO aims to reassess the technical support needs to manage PEPFAR activities, and if further technical assistance is needed, USAID/SA HO will conduct a full and open competition for a new activity relevant to the needs at that time.

RECOMMENDATION

It is recommended that you approve this justification for use of other than full and open competition pursuant to the Action Memorandums entitled “Expedited Procurement Procedures for Prevention, Care, and Treatment of HIV/AIDS”, approved on December 31, 2019 and valid through December 31, 2024, which includes authorization for exceptions to competition in the modification or award of Contracts, Grants, and Cooperative Agreements. Your approval of this J&A constitutes the justification for other than full and open competition as required by Tab 1 (Authorization for Use of Other Than-Full-and-Open Competition in the Award or Modification of Contracts Funded Under the President’s Emergency Plan for AIDS Relief.”) of the HIV/AIDS

EPP.

CERTIFICATION:

The requirement for technical certification at FAR 6.303-1(c) (that “Technical and requirements personnel are responsible for providing and certifying as accurate and complete necessary data to support their recommendation for other than full and open competition”) is fulfilled through:

a. The signature of the Technical Officer below certifying the specific supporting data for this J&A; and

b. The Action Memorandums entitled “Expedited Procurement Procedures for Prevention, Care, and Treatment of HIV/AIDS”, approved on December 31, 2019 and valid through December 31, 2024, which includes authorization for exceptions to competition in the modification or award of Contracts, Grants, and Cooperative Agreements. (HIV/AIDS EPP D&F is attached.)

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.

Signed via email 15 April 2020 Anita Sampson Date Deputy Health Office

APPROVAL:

Contracting Officer Date:

Brian Woody

RE: Justification and Approval (J&A) under the Expedited Procedures Package (EPP) for the Prevention, Care, and Treatment of HIV/AIDS to modify Contract No.

72067419C00001

CLEARANCES:

_Cleared via email____________ __15 April 2020 Aaron Schubert, Health Office Director Date

__Cleared via email_______________ __15 April 2020 Priya Cariappa , RLO Date