Zemitek Justification.pdf

LIMITED SOURCES JUSTIFICATION

TO: Nadeem Shah, Activity Competition Advocate

FROM: Abdulaziz Yousuf, Technical Officer/Activity Manager

SUBJECT: Limited-Sources Justification

1. This document sets forth the facts and rationale justifying the use of limited sources, in accordance with FAR 8.405-6 .

This document was prepared by the U.S. Agency for International Development, Bureau for Management, Office of Acquisition and Assistance, Professional Development and Training Division

(USAID/M/OAA/PDT).

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

This is a request to approve a 1-year period of performance extension and a $2,368,213.62 Total Estimated Cost (TEC) increase of the Blanket Purchase Agreement (BPA) Call Order for professional training services to ZemiTek, LLC. (ZemiTek). Under this action, ZemiTek will provide critical professional development training for agency staff required to achieve their Federal Acquisition Certification in Contracting (FAC-C), Federal Acquisition Certification for Contracting Officer's Representative (FAC-COR), and Federal Acquisition Certification for Program and Project Managers (FAC-P/PM) certifications. The existing award number is 7200AA19F50037. The BPA’s current period of performance is from September 30, 2019 to September 29, 2024. If approved, this extension would change the end date to September 29, 2025. Further, the TEC would be increased from $11,069,593.05 to $ 13,437,806.67 ensuring the continuation and completion of pivotal Diversity Equity & Inclusion (DEI)-related training and recruitment programs and projects using remaining funds.

3. Description of the supplies or services required to meet the agency’s needs, including the estimated value:

The purpose of the BPA Call Order is to provide expert technical services to the M/OAA Professional Development and Training (PDT) Division, focusing on the design and delivery of acquisition and assistance (A&A) training to the Agency’s Acquisition Workforce. ZemiTek is tasked with designing, developing, delivering, and maintaining both current and future PDT courses, which include customized instructor-led courses. Additionally, ZemiTek is responsible for creating short video snippets, PDT procurement related written informational content, webinars, and complex eLearning courses. They are also charged with providing A&A technical support services.

PDT is responsible for coordinating core and non-core training for the Agency’s Acquisition & Assistance Workforce. Although much of this training is defined in the Office of Management and Budget/Office of Federal Procurement Policy letter 05-01, training must keep pace with changes to the Federal Acquisition Workforce (AWF) and with USAID development initiatives. The A&A Workforce is located in USAID’s Washington, D.C. headquarters and at approximately 85 field offices, referred to as Missions, located overseas.

The services required under this action include professional development training necessary for agency staff to achieve their FAC-C, FAC-COR, and FAC-P/PM certifications. The need for these trainings has recently seen a large uptick in demand due to recent changes in the FAC-C certification program, and in preparation for a similar change to the FAC-COR certification program. This increased demand due to the changes and an influx of new AWF staff across the federal government has resulted in a limited number of available courses via the Federal Acquisition Institute (FAI). This means agencies must now unexpectedly spend more on providing additional offerings of the required courses via mechanisms similar to this award.

Additionally, the extension will facilitate the completion of crucial DEI-related training and programs such as the Social, Economic, and Environmental Accountability Mechanism (SEE-AM) program.

USAID SEE-AM is a means to receive and address complaints filed by individuals or groups of individuals who have (a) experienced environmental, social, or economic harm caused by a USAID project or (b) could potentially experience such harm. This is a highly critical program which requires extensive continued development by way of training and implementation. Funding for SEE-AM was received at the end of FY 2023 with expiring funds that needed to be obligated and utilized for this task. The funding will carry out and execute the necessary work, which aligns with Principle 31 of the United Nations (UN) Guiding Principles on Business and Human Rights. The Agency’s alignment with Principle 31 satisfies in part the Congressional mandate to have an independent accountability mechanism. Under Congressional appropriations authority, USAID is required to establish a robust and independent accountability mechanism, specifically “including features such as: (1) a complaint review function to ensure project adherence to environmental, social, and other policies and standards;

(2) a dispute resolution function; (3) an advisory function to report lessons learned; and (4) adequate staffing for the mechanism.” Unfortunately, these tasks will take longer than the anticipated period of time previously estimated, and will extend into FY 2025 to fully accomplish. Executing a new award would result in losing the currently obligated funds dedicated to the task and will delay implementation of SEE-AM.

4. Authority and supporting rationale (see 8.405-6(a)(1)(i) and (b)(1)) and, if applicable, a demonstration of the proposed contractor’s unique qualifications to provide the required supply or service.

Logical Follow-on - FAR 8.405-6(a)(1)(i)(C)

In the interest of economy and efficiency, this action must be issued on a sole-source basis because it is a logical follow-on to an original Federal Supply Schedule order no. 7200AA19F50037, which was placed in accordance with the applicable Federal Supply Schedule ordering procedures. Awarding a new contract at this time would result in substantial duplication of costs to the Government that is not expected to be recovered through competition, and unacceptable delays in fulfilling the Government's needs. ZemiTek has demonstrated capability and familiarity with the ongoing programs, making them uniquely positioned to continue without interruption. Through their work with this project and various training and technical consulting projects involving USAID processes and policies, ZemiTek is in a unique position to quickly and efficiently carry out the existing work. ZemiTek is required to regularly review and update various USAID training resources and knowledge management resources on various projects regularly. This experience helps them uniquely address the ability to review and address USAID’s processes for flaws and compliance issues as required under SEE-AM. Bringing another contractor up to speed on these various aspects of USAID policies and procedures would take up more time and costs. Thereby, extending the project timeline even further than what is being requested. This award was previously issued under competitive procedures.

5. Determination by the ordering activity contracting officer that the order represents the best value consistent with FAR 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, placing an order against a scheduled contract using the procedures in FAR 8.405 represents the best value and results in the lowest overall cost alternative to meet the Government’s needs.

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.

Market research was conducted among the two current USAID BPA holders, due to the urgent need to maintain continuity in training services. The risk of delays and the loss of DEIA FY2024 funds make it impractical to solicit new competition at this time. Previous market research indicated that ZemiTek is capable and is currently performing satisfactorily in delivering the required services.

7. Any other facts supporting the justification.

The existing funds earmarked for DEI-related training and programmatic work must be utilized within the specified timeframe, which coincides with the extension period. Any delay in the execution of these programs would result in a failure to meet critical agency objectives. SEE-AM is the agency’s attempt to meet Principle 31 of the UN Guiding Principles on Business and Human Rights, and is established under Congressional appropriations authority. Work under SEE-AM is critical to meeting these UN and congressional requirements. Not meeting these requirements promptly could potentially open the agency to Office of Inspector General (OIG) audit findings and backlash.

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

The agency will conduct a thorough market analysis and planning to ensure that future acquisitions for these services are competitive. The Agency’s use of market research including but not limited to GSA Market Research as a Service (MRAS), will involve early engagement with potential vendors and a comprehensive review of the requirements to broaden continued Small Business participation.

9. Technical or Requirement Personnel Certification

In accordance with FAR 8.405-6(c)(2)(C), I hereby certify that the technical statements included above which form a basis for the justification are complete and accurate.

Abdulaziz Yousuf Date Technical Office Representative

10. Contracting Officer Certification

Based on the limited sources circumstance described above, I hereby certify that the justification is accurate and complete to the best of my knowledge and belief.

Jeremiah Keenan Date Contracting Officer

11. Approving Official Determination

I have determined that FAR 8.405-6(a)(1)(i)(C) as described above appropriately applies to this order and approve by signing below.

Nadeem Shah Date Activity Competition Advocate, Approving Official

Internal Agency Clearances:

1. Clearance

Alexandria Marshall, General Counsel Date

2. Clearance

Deborah Broderick Date Agency Competition Advocate