2023.03.31 J and A_ASEAN-USAID 72049718C00002 CO Certified.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION (J&A)

TO: Ayana Angulo, Contracting Officer

FROM: Diman Simanjuntak, Contracting Officer's Representative of the ASEAN-USAID

Partnership for Regional Optimization Within the Political Security and Socio-

Cultural Communities (ASEAN-USAID PROSPECT) Activity

SUBJECT: Justification and Approval for Other Than Full and Open Competition (J&A)

REFERENCE: Contract No. 72049718C00002 with DAI Global, LLC for the ASEAN-USAID PROSPECT

Activity

DATE: March 31, 2023

1. This document sets forth the facts and rationale justifying the use of other than full and open competition in accordance with AIDAR 706.302-70 Impairment of foreign aid programs:

This document was prepared by the Contracting Officer's Representative for the USAID/RDMA's

ASEAN Office, in accordance with AIDAR Subpart 706.302 -70(b)(5) An award for the continued provision of highly specialized services when award to another resource would result in substantial additional costs to the Government or would result in unacceptable delays.”

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

This is a request to approve an increase in the Level of Effort (LOE) by 412 days from 8,771 to 9,183 in the referenced contract (Cost-Plus-Fixed-Fee (CPFF) term type) with DAI Global, LLC. The increase in the 412 LOE days will not require additional funding or any increase to the Total Estimated Cost (TEC) of $11,329,555. The contract was awarded competitively on August 15, 2018 and is fully funded at $11,329,555 with the current period of performance ending on August 19, 2023.

The intent is to increase the LOE while simultaneously extending the period of performance by six months from August 20, 2023, to February 19, 2024. The Contracting Officer determined that the six months extension is appropriate and justified under the authority of the excusable delays clause of the contract.

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

ASEAN-USAID PROSPECT is a five-year activity aimed to promote good governance in Southeast Asia by providing technical assistance to the Association of Southeast Asian Nations (ASEAN), a multilateral body whose objective is to build a more inclusive, rules-based, and prosperous Southeast Asian community.

The Contractor increases ASEAN’s capacity to (a) resolve regional and global challenges such as transnational security issues, (b) reduce conflict and (c) advance an effective, rules-based architecture for cooperation among governments in the region to uphold the principles of human dignity and the rule of law. The Contractor provides technical assistance, training, workshops, and other resources to strengthen the capacity of targeted ASEAN institutions that facilitate, support, and inform policy making by the senior officials of the ASEAN organization, including the ASEAN Secretariat (ASEC) and other ASEAN sectoral bodies, committees, research institutes, and affiliated implementing institutions. This assistance enables ASEAN and its institutions to develop effective multilateral policies and agreements, and more effectively implement these policies.

As stated in Section 2 above, USAID will extend the period of performance for six months, from August 20, 2023, to February 19, 2024. There is a need to increase the LOE by 412 days, valued at $532,184, from 8,771 to 9,183 to enable the Contractor to provide services under the existing Statement of Work, which encompasses technical assistance, development of plans, facilitation of high-level meetings among government officials, and production of policies, procedures, and training which are further described in Section 5 below. These services are provided across the below workstreams:

● Work Stream 1: Increased ASEAN Capacity to Address Non-Traditional Security Threats –

Combat trafficking in persons and wildlife trafficking, counter radicalization and violent extremism, and improve response to emerging humanitarian emergencies, particularly natural disasters, and public health emergencies, with targeted interventions.

● Work Stream 2: Increased ASEAN Capacity to Promote Responsive and Transparent

Governance – Strengthen judicial, legislative, and executive body cooperation and networks to promote good governance, rule of law, and compliance with ASEAN conventions and agreements; and strengthen civil society networks and cultivate multi-sectoral platforms for engagement with ASEAN officials on critical issues.

● Work Stream 3: Increased ASEAN Capacity to Advocate for the Human Rights of

Marginalized and/or Vulnerable Groups – Enhance ASEAN’s institutional capacity to promote human rights and to provide opportunities for underserved populations, including youth and women, and supporting institutional mechanisms to ensure their meaningful engagement in ASEAN processes and decision-making.

4. Statutory authority permitting other than full and open competition:

This request for approval is prepared pursuant to the authority at AIDAR 706.302-70 Impairment of Foreign Aid Programs, which provides USAID the statutory authority to waive the requirement for full and open competition when it would impair or otherwise have an adverse effect on programs conducted for the purposes of foreign aid, relief, and rehabilitation. The specific authority is AIDAR 706.302-70(b)(5) "An award for the continued provision of highly specialized services when awarded to another resource would result in substantial, additional costs to the Government or would result in unacceptable delays."

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

The Association of Southeast Asian Nations (ASEAN), consisting of ten Member States, was established on August 8, 1967 as a platform for economic cooperation, a peaceful settlement of disputes, and the promotion of the rule of law to ensure a free and open Southeast Asia.

The ASEAN-USAID Partnership for Regional Optimization within the Political-Security and Socio-

Cultural Communities (PROSPECT) contract builds ASEAN institutional capacity and human capital to better advance shared priorities and principles between U.S. and ASEAN related to good governance and transparency, human rights, and transnational challenges. The US

Government leverages the services provided under this contract to further its national security and foreign assistance objectives in Southeast Asia.

DAI, the Contractor, has worked closely with ASEAN over the past several years building long standing, trusted, and unique relationships with a multitude of personnel in an environment where diplomatic skills, personnel interactions, and consistent communication is a crucial factor in achieving the program's objectives. DAI also integrally designed, co-led the planning, and implemented several key initiatives with ASEAN stakeholders. For example, DAI established a project team that is physically co-located within the ASEAN Secretariat (ASEC) Compound where they provide services to ASEAN and ASEC with direct communication channels to coordinate complex relationships among the ten ASEAN member states.

USAID contemplated the option to openly compete for other contractors; however, it is not a viable option at this stage of the activity where most interventions are partially implemented, planned, or designed and endorsed by the ten ASEAN Member States. The work that DAI will carry out during the extension is the same work described in the Contract and will ensure seamless continuation of vital support to the ASEAN Secretariat at this final stage of the Activity.

A competitive procurement of the additional 412 days of services would require the cancellation of or unacceptable interruptions and delays of critical ASEAN events and implementation of

ASEAN systems and significantly increase costs to implementation. Any change in a contractor team would require the ASEAN secretariat and its ten member states to review, convene, discuss, and endorse all new plans for in-process activities.

The following are examples of several interventions that are planned and require additional LOE to fully meet its intended results:

● The Contractor assisted ASEAN in developing the ASEAN Public Health Emergency Coordination

System (APHECS). APHECS provides a framework for public health emergency preparedness and response standard operating procedures (SOPs), which will enable the ASEAN Member

States to better prepare for and respond to public health emergencies and manage assistance to the affected Member States. Without additional LOE, the Contractor will not be able to start phase III and develop the SOP guidelines to operationalize the APHECS.

● ASEAN endorsed contract plans to support the ASEAN Intergovernmental Commission on

Human Rights to address the needs of victims of violent extremism and deliver a workshop on referral mechanisms for victims of gender-based violence and trafficking in persons. The USG will not be able to initiate this assistance for ASEAN without additional LOE provided to the

Contractor.

● Over the course of the next few months, ASEAN and its member states will attend training and workshops on how they will implement the ASEAN Gender Mainstreaming Strategic

Framework (AGMSF) and the ASEAN Regional Plan of Action on Women, Peace and Security

(WPS) agenda within ASEAN’s various units, divisions, and member states. Without additional and continued LOE provided to the Contractor, the USG will lose the opportunity to continue the momentum and will not be able to pursue this effort further and launch the research assistance for ASEAN on the WPS at the national level.

Moreover, there are several initiatives that are in progress but will require additional LOE to fully meet the intended results. Examples include the following:

● The ongoing assistance provided to ASEAN to respond to natural disasters through mobilization of humanitarian logistics in responding to disasters and exploring ASEAN capacity for End-to-End Early Warning System (E2E EWS) among AMS.

● The ongoing national-level training for front-line practitioners (e.g., labor inspectors, social workers, health service providers) for Cambodia as a member state to address the needs of victims of trafficking in persons. This assistance will be curtailed without additional LOE.

With respect to the Contractor’s past performance, the Government’s past performance assessments showed that the Contractor has consistently performed and delivered its services at a high level and the Government has been fully satisfied with the Contractor’s performance.

The transfer of the ongoing activities to another Contractor through a competition at this time in implementation would endanger existing unique and productive relationships and the potential national security and foreign assistance outcomes. USAID established a strong and positive relationship with ASEAN and has delivered sought-after results, making the United States

ASEAN’s partner of choice among other countries competing for ASEAN’s attention and partnership. The time necessary to develop productive relationships would exceed the proposed time extension. To continue the positive momentum of USAID’s partnership with ASEAN, it is vital to complete activities during the extension period with the same trusted implementing partner.

Building efficient and effective relationships with all stakeholders involved through a new contract would come at a substantial cost and time to the U.S. Government. An exception to full and open competition under AIDAR 706.302-70 (b)(5) is justified according to the factors discussed above and is therefore in the best interest of the USG.

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].

On January 30, 2023, the Contracting Officer published a synopsis of the proposed contract action on www.sam.gov in order for potential resources to submit expressions of interest. The deadline for interested parties to submit expressions of interest was on February 14, 2023. No expressions of interest were received.

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

The Contracting Officer, with the approval of this justification, determined that the additional

LOE is fair and reasonable and is necessary to successfully implement the activity to its completion. The estimated cost of the additional LOE to implement the services anticipated during the extension is in accordance with the costs used in the competitively awarded contract taking into consideration activities to which USAID and DAI committed. There is no negotiation on the budget anticipated to complete the modification.

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

As discussed previously, working in partnerships effectively with ASEAN is extremely unique and requires a long standing and trusted relationship. Because of these factors, USAID/RDMA concluded that it is not possible for the new contractor to render the current level of costs and value associated with this contract. The time factor is not sufficient for a new contractor to set up a team and office and develop the working relationships with a strong knowledge and

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

The transfer of the ongoing activities to another Contractor through a competition at this time in implementation would endanger existing unique and productive US-ASEAN relationships and the expected outcomes. The time necessary to establish new productive relationships would exceed the proposed time extension. To continue the positive momentum of USAID’s partnership with ASEAN, it is vital to complete activities during the extension period with the same trusted implementing partner.

The Mission determined that a new contractor would result in substantial additional costs and inevitable delays and would end with the USG losing momentum and influence. The other than full and open competition is appropriate for this activity to avoid a gap of essential US Government services within a short period of this proposed extension of contract period of performance.

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:

The services required for the extension period continue the works covered by the current scope and budget of the Contract. The acquisition team is in the design process for a follow-on activity to this contract which will be publicized and awarded using competitive procedures. No barriers to competition are expected for subsequent acquisition of the services required.

12. Technical or requirement personnel certification:

In accordance with FAR 6.303.2(b). I hereby certify that the technical statements included above, and which form a basis for the justification are complete and accurate.

Diman K Simanjuntak Contracting Officer’s Representative

Diman Simanjuntak

Digitally signed by Diman Simanjuntak Date: 2023.03.31 16:06:20 +07'00' specialized technical skills with the ASEAN unique environment to deliver on the in-process activities. As presented above, a competition is not feasible for the Mission, and a new contract will cause unacceptable delays of project implementation which hinders achievement of the designed objectives.

13. Contracting Officer Certification:

I hereby certify that the justification is accurate and complete to the best of my knowledge and belief.

Ayana Angulo, Contracting Officer

Clearance Page: Justification and Approval for Other than Full & Open Competition (J&A) for Contract No. 72049718C00002 with DAI Global, LLC for the ASEAN-USAID Partnership for Regional Optimization Within the Political Security and Socio-Cultural Communities (PROSPECT) project.

14. Resident Legal Officer Clearance:

_____Cleared__________________________ ____2/15/2023______________

Cassandre Theano, RLO Date

Resident Legal Officer

15. Agency Competition Advocate Clearance:

Deborah Broderick Date

Agency Competition Advocate