JA_72062322C00001_TIS3_sam.gov.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION (J&A)

SUBJECT: Justification and Approval for other than Full and Open Competition (J&A) under AIDAR 706.302-70(b)(5) for the Transition Initiatives for Somalia Saddex

(USAID/TIS3) Activity, Contract No. AID 72062322C00001.

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(b)(5): The Democracy, Stabilization, and Governance (DSG) team in USAID/Somalia prepared this document.

2. The nature and/or description of the action being approved: This is a request to approve a contract modification to increase the Total Estimated Cost (TEC) award to DT

Global by about $15,000,000, from $46,499,998 to $61,499,998. The period of performance (POP) for the contract will remain unchanged from March 1, 2022, to

February 28,2027. Under this action, DT Global will provide stabilization support to areas newly recovered from al-Shabaab and regions vulnerable to al-Shabaab influence.

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

With the recent progress in liberating territory from al-Shabaab, there is a critical opportunity to consolidate military gains with key stabilization interventions. USAID requires additional capacity to respond to current and future operations against al-Shabaab. USAID will require the

Contractor to identify, design, and implement a flexible, small grants program that will support the shaping of stabilization operations, the initial recovery of communities from the al-Shabaab rule, and ultimately the transition of communities to longer-term development processes.

Specifically, USAID will require the ability to:

● Expand the current small grants program by up to 100 additional small grants;

● Conduct research and regular contextual analysis into recently liberated and expected-to-be-liberated areas;

● Provide Short-term Technical Assistance Activities (STTA) to coordinate and manage stabilization intervention expansions; and

● Expand the small-scale construction subcontracts and procure and distribute goods.

USAID will require additional organizational capacity to support the work listed above in recently liberated districts in Hirshabelle and Galmudug and at least 10 additional districts across

Southwest State, Jubaland, and Western Hiran that are scheduled for clearance operations beginning in late 2023. The expansion of the USAID/TIS3 activity is estimated at $15,000,000.

4. Statutory authority permitting other than full and open competition: AIDAR 706.302-

70(a)(2) permits other than 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.” Specifically, AIDAR 706.302-70(b)(5) authorizes "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."

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition that requires use of the authority cited: DT Global has developed well-established and unique relationships with key actors across the political, social, economic, and religious spectrum that enable it to operate efficiently and effectively across the country. The company and its field team possess extensive knowledge and proven networking capabilities in establishing the initial governance and safety conditions necessary to address the long-term social, economic, and political causes of Somalia’s instability. Expanding this capacity during this critical period of community uprisings against al-Shabaab is essential to respond to the increasing stabilization needs in Somalia. DT Global responds quickly to programmatic strategy and approach changes as unforeseen events arise throughout the contract’s performance period.

DT Global is highly cooperative in managing complex relationships that involve multiple clients, including the U.S. Embassy in Mogadishu, local government institutions, civil society, community leaders, USAID/Somalia, and humanitarian assistance implementing partners and beneficiaries. As the current Contractor for USAID/TIS3, DT Global has established processes, systems, and mechanisms to implement stabilization programming throughout Somalia effectively. DT Global has already developed the networks, stakeholder relationships, and trust among beneficiaries to complete the proposed work cost-effectively. A new contractor would require significant time to establish itself in Mogadishu and Federal Member States and put operational systems and processes in place, thereby causing significant duplicative costs.

Unexpected community uprisings against al-Shabaab have resulted in the liberation of an estimated 100 villages and towns. A new award, which could take up to a year to procure, would be unable to provide the timely support to newly liberated areas that USAID/Somalia requires.

Further, a new contractor will require additional time to develop the contextual knowledge, political relationships, and operational processes necessary to safely begin programming in politically fragile areas recently liberated from al-Shabaab.

USAID strongly believes that this extraordinary situation demands an exceptional request for a contract scope expansion to ensure USAID can achieve its strategic goals in Somalia without harming the Agency’s program in Somalia with unacceptable delays.

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

FAR 5.2 [AIDAR 705.2]. On July 18, 2023, USAID/Somalia posted a Notice of Intent for Other than Full and Open Competition on SAM.gov. The notice was open for 15 days to receive expressions of interest to determine whether to conduct a competitive procurement.

7. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable: USAID/Somalia based the cost estimate of $15,000,000 on the potential stabilization needs in the districts liberated and expected to be liberated from al-

Shabaab rule. The Contracting Officer will negotiate the TEC increase based on the costs negotiated in the original contract to ensure the costs of new activities are fair and reasonable.

8. Description of the market research conducted, and the results or a statement of the reasons market research was not conducted: USAID/Somalia has a clear understanding of the market, the activities the contractor would implement, and the services required, as outlined above. The Mission has determined that a second parallel contract would not deliver such critical services in a timely and cost-efficient manner. USAID/Somalia accurately understands the historical costs associated with implementing in Somalia based on numerous ongoing awards.

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

USAID/Somalia determined that procuring the services through another contract would cause excessive lost time because the ongoing contract has the technical scope and management structure to provide the additional required services. U.S. foreign assistance would be impaired with unacceptable delays if the proposed expansion of stabilization interventions in

Somalia do not proceed concurrently with the liberation of territories from al-Shabaab.

10. Sources, if any, that expressed an interest, in writing, in the acquisition: USAID posted a Notice of Intent for Other than Full and Open Competition related to the proposed

Total Estimated Cost increase for TIS3. Five firms expressed interest, but USAID/Somalia determined the expressions of interest did not provide sufficient information to assess the feasibility of any of the five firms.

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 Agency procured the original award using full and open competitive procedures. If subsequent requirements beyond this award's scope and duration are needed, USAID/Somalia intends to procure them through full and open competition.