Action Memo - JUSTIFICATION - version to be publicize in SAM.gov.pdf

ACTION MEMO FOR the Acting Assistant Administrator, LAC Bureau

Date: August 27 , 2021

From: Janina Jaruzelski, USAID/Honduras Mission Director

Subject: Determination and Findings per AIDAR 706.302-70(b)(3)(i) and Justification and Approval of Total Estimated Cost (TEC) increase, time extension, and scope modification to focus on tertiary prevention, juvenile justice, and gang desistance to respond to the new Honduras Country Development and Cooperation Strategy (CDCS) for Justice, Human Rights and Security Strengthening Activity, a critical program in USAID/Honduras.

Recommendation:

That you approve the formal written determination and findings that compliance with full and open competition procedures for the proposed modification to Justice, Human Rights and Security Strengthening (JHRSS or UNIDOS) Activity, Task Order (TO) AID-522-TO-16-000007, under the Rule of Law (ROL) IQC, Contract No.

AID-OAA-I-13-00033, implemented by DAI Global, LLC, would impair the foreign assistance objectives and be inconsistent with the fulfillment of the Bureau for Latin America and the Caribbean foreign assistance mandate.

Approve______________ Disapprove______________

BACKGROUND:

Irregular migration from the Central American Northern Triangle to the United States is rising at record levels, with rapidly increasing numbers of young adults and unaccompanied children. As a result, on February 2, 2021, President Biden issued an Executive Order calling for scaling up programs to address the root causes of irregular migration, and on July 29, 2021, the National Security Council released the Root Cause Strategy (RCS) and the Collaborative Migration Management Strategy. These strategies align with Secretary Blinken’s March 3, 2021 statement that includes “addressing root causes of irregular migration from Central America” as one of the top eight U.S. foreign policy priorities. USAID plays a central role in this effort and is called upon to strengthen efforts to alleviate the pressure from irregular migration stemming from: lack of economic opportunity, compounded by the COVID-19 pandemic; persistent crime and violence; corruption and impunity; and climate change, including extreme weather events and prolonged drought. To meet these immediate needs, USAID/Honduras needs to modify and expand this Activity.

Peter R Natiello (affiliate)

Digitally signed by Peter R Natiello (affiliate) Date: 2021.09.10 15:01:55 -04'00'

In addition to meeting immediate needs, President Biden has committed to seeking $4 billion over the next four years to address root causes of irregular migration from the Northern Triangle countries through a sustained U.S. Government response. The high level of importance the President has placed on these issues requires swift action.

This limited acquisition procedure will streamline USAID/Honduras and Washington clearance.

It will also be an important step in allowing the Mission to quickly scale up the Democracy and Governance Offices’ activities that address migration, governance, citizen security, justice, human rights, anti-corruption, and violence prevention.

Through the current activity, the Contractor established successful relationships with the Judiciary, Public Ministry, Honduran National Police, Public Defense Attorney, and civil society organizations, overlapping actors in the provision of tertiary prevention services. The Contractor has demonstrated its capacity to advance results in citizen security at the institutional and local levels and to increase access to justice and human rights in Honduras, with a special focus on vulnerable populations such as women, LGBTQI+, and youth.

The proposed modification to JHRSS will serve as the USAID/Honduras flagship activity in gang desistance and tertiary prevention, responding directly to the RCS Pillar 4: Countering and preventing violence, extortion, and other crimes perpetrated by criminal gangs, trafficking networks, and other organized criminal organizations, under its strategic objective to build safe communities. It will also contribute to the RCS Pillar 5: Combating sexual, gender-based, and domestic violence.

AUTHORITIES:

AIDAR 706.302-70(a)(2) provides that “[f]ull and open competition need not be obtained when it would impair or otherwise have an adverse effect on programs conducted for the purposes of foreign aid, relief, and rehabilitation.” The authority in AIDAR 706.302-70(b)(3)(i) may be used for “[a]n award for which the Assistant Administrator responsible for the project or program makes a formal written determination, with supporting findings, that compliance with full and open competition procedures would impair foreign assistance objectives, and would be inconsistent with the fulfillment of the foreign assistance program.” Under ADS 302.3.4.5.b, “[w]hen AIDAR 706.302-70 foreign impairment authority is used, the [Mission] must prepare and certify a J&A addressing all 12 elements as required under FAR 6.303-2[]. When the authority in AIDAR 706.302-70(b)(3) is used, the [Mission] must process a [D&F] as required by the AIDAR.”

RESOURCE IMPLICATIONS:

This approval is limited to one specific acquisition modification with a total estimated increase amount of $20,000,000.00.

ATTACHMENTS:

Tab 1—Determination and Findings (D&F) Tab 2— Justification and Approval for Other Than Full and Open Competition.

CLEARANCE PAGE

Drafter: [USAID/Honduras DGO]:[Carlos Castillo]:[4071];[504 96092645] Approved: [B/IO/Title]:[M.Rivera]

USAID/Honduras Clearances Clearance Status Date

DGO/Technical Office: S. Schissler Cleared Via Email 08.06.2021

DO3/Team Leader: M. Cruz/P. Acosta Cleared Via Email 08.06.2021

DO2/Acting Team Leader: H. Andrews Cleared Via Email 08.06.2021

OAA/C.O.: C. Enriquez Clear with comments 08.09.2021

RLO: S. Phillips Cleared Via Email 8.26.2021

USAID/Honduras A/DMD: M. Fox Cleared Via Email 08.27.2021

USAID/Honduras MD: JJaruzelski Cleared Via Email 08.27.2021

Bureau Level Clearances Clearance Status Date

LAC/DAA: M. Guilarte Clear 9/8/2021

NTTF/FO: E. Jacobstein Clear 9/1/2021

LAC/CAM: R. Porter Clear 8/31/2021

NTTF/P2: R. Porter Clear 8/31/2021

A/ACA: JNorling

Jennifer L Norling (affiliate)

Digitally signed by Jennifer L Norling (affiliate) Date: 2021.09.09 16:53:39 -04'00'

Tab 1

U.S. AGENCY FOR INTERNATIONAL DEVELOPMENT

USAID/Honduras

DETERMINATION AND FINDINGS (D&F)

Justice, Human Rights and Security Strengthening (JHRSS) Activity Task Order AID-522-TO-16-000007, under the Rule of Law (ROL) IQC, Contract No.

AID-OAA-I-13-00033

1. Nature and/or description of the action being proposed

The Democracy and Governance Office (DGO) requests approval of a non-competitive extension for the following program:

The Justice, Human Rights, and Security Strengthening (JHRSS) Activity under Task Order No.

AID-522-TO-16-000007, issued under Rule of Law IDIQ, Contract No. AID-OAA-I-13-00033.

The current Total Estimated Cost (TEC) for this award is $34,170,761 for the period of performance (POP) from September 30, 2016 to February 11, 2023. This action is to request an extension of the POP from February 12, 2023 to February 12, 2026, a TEC increase of $20,000,000.00 to a new TEC of $54,170,761, and modification of scope to focus on tertiary prevention, juvenile justice, and gang desistance.

2. Citation of the statute upon which the D&F is based

Pursuant to AIDAR 706.302-70(b)(3)(i), full and open competition need not be obtained for an award for which the Assistant Administrator responsible for the project or program makes a formal written determination, with supporting findings, that compliance with full and open competition procedures would impair foreign assistance objectives, and would be inconsistent with the fulfillment of the foreign assistance program.

3. Findings

Irregular migration from Honduras is multicausal. Surveys representative of households in the top five high-crime municipalities in Honduras for 2019 and 2020 find crime victimization to be a significant predictor of intentions to migrate (MESCLA 2019 & 2020). Similarly, survey1 respondents cited violence as the number two reason for migrating to the United States in 2019 and 2020. Further research demonstrates that municipalities with higher homicide rates have higher irregular migration flows. Econometric analysis shows that homicide rates (cumulative rate and annual change) account for 11% of the explained variance (Total R2 = 57.4%) in municipal migration from 2013 - 2019 (MESCLA 2020 Decomposition Analysis). In a 2017 study, Clemens stated that one additional homicide per year in an average municipality of the Northern Triangle, sustained each year from 2011 to 2016, causes a cumulative total of 3.7

1 The studies referenced here are reports produced under separate USAID/Honduras instruments.

additional unaccompanied children apprehensions in the United States. Among the middle class residing in nine surveyed urban cities, victims of crimes are more than twice as likely to intend to migrate, and victims of corruption are more than one and a half times as likely to intend to migrate (FHI 360; MESCLA 2020). The probability of a corruption survivor having intentions to migrate is higher than those who are not victims of corruption, and the probability of youth having intentions to migrate is 1.2 times higher than that of their older counterparts aged 31-55 (MESCLA 2021, FHI 360, LAPOP 2018). Investing in improvements to government systems that address basic challenges like corruption, impunity, youth opportunities, and insecurity may reduce intentions to migrate among Hondurans. In addition to crime and corruption victimization, limited access to employment opportunities, lower education levels, perception of a bad future in Honduras, family reunification, climate change, food insecurity, and dissatisfaction with democracy are all associated with increased intentions to migrate.

In recent years, homicide rates have declined in Honduras. However, they are rising again, and the country is still one of the most violent in the world. This high incidence of violence affects all aspects of Honduran social and economic life and is a driving factor of migration. One in five Hondurans reported being a victim of crime in the 12 months prior to the 2018-2019 Americas Barometer survey, and more than 37 percent of Hondurans perceived their community as insecure, primarily due to gangs. Often when parents envision a future for their children, they are confronted with the reality that youth are at great risk of engaging in or being victims of violence. Honduras’s capacity and resources to reduce and prevent youth delinquency and recidivism are limited. Highly targeted youth violence prevention and rehabilitation programming that engages youth, their families, communities, and government must be expanded to reduce victimization of youth and the increased likelihood of irregular migration.

The Activity’s scope of work is to provide assistance to Government of Honduras (GOH) institutions and civil society organizations (CSOs) to support more effective and accountable justice and security institutions, reduce violence and impunity, protect human rights, increase transparency, and engage citizens in policy-making processes. The project is designed to address several root causes of irregular migration, and in mid-2019, additional short-term measures to prevent migration in response to USG priorities were added. DAI Global LLC emphasizes collaboration with other USG projects, flexible and adaptive management, and place-based strategies in their approach to address migration, governance, citizen security, justice, human rights, anti-corruption, and violence prevention. This emphasis enhances access to justice and promotes community resiliency and self-reliance, especially for the most vulnerable populations, such as women, youth, people living with disabilities, Afro-Hondurans, and LGBTQI+ communities. The contract is a Task Order (TO) under the Rule of Law IDIQ, which was awarded competitively. The TO contract has undergone nine previous modifications, including incremental funding actions. The latest modification extended the period of performance through February 11, 2023 as a result of delays due to 2018 funding cuts and the Covid Pandemic.

Full and open competition is not practicable for this award given DAI’s already well-developed relationships with involved stakeholders and institutions and its unique knowledge of the operating environment. The ancillary expenses necessary for another implementing partner to assume control of the activity would be prohibitive. Further, the time it would take another implementing partner to begin operating at the level of DAI would delay the Activity by at least 12 months to begin to immediately implement parts of the Root Causes Strategy (RCS), including targeting work with reintegrating offenders to disengage from gangs and reintegrate into society.

An award to a local organization was not considered given the complexity of this program, and DAI’s pre-existing relationships with Honduran institutions. Additionally, there are no local organizations that can implement an activity of this size and magnitude in Honduras. DAI has the financial capacity, the team on the ground, and offices set up to implement the RCS immediately.

It is not feasible for a local organization to maintain the work DAI is currently implementing without significant delay or detriment. This extension will, however, include a substantial sub-grant component to build capacity of local organizations to provide needed services to this key vulnerable population.

If the DAI Activity is extended, the scope of work will maintain the original intended purpose of increasing access to justice, with a new focus on juvenile justice, gang desistance, and youth tertiary violence prevention, respecting the human rights of juvenile offenders and victims. If not approved, the Honduran justice system will lose critical support for efficient justice services that protect the rights of youth and those under the vulnerable population and minority category. In addition, if not approved, many youth will lack protection and preventive mechanisms to avoid being victims of violence, and will be deprived of opportunities to participate in rehabilitation programs to leave gangs or exit the juvenile justice system.

4. Determination

To accelerate addressing the root causes of irregular migration from northern Central America, the USAID/Honduras Mission must expand successful ongoing and prior activities as quickly as possible. Approval of this request would enable the USAID/Honduras Mission to immediately respond to the RCS and Collaborative Migration Management Strategy. Going through a full and open competition would hinder the Mission from responding to serious security challenges currently impacting Honduras. In addition, this activity will be able to immediately implement the Mission’s new geographic targeting strategy, expanding its ability to reach vulnerable youth in the areas with the highest out-migration and violence and crime rates, thus having a more significant impact. Based on these findings, compliance with full and open competition procedures would impair USAID's support to USG foreign assistance objectives.

To date, USAID/Honduras has successfully implemented evidence-based primary and secondary violence prevention interventions; the proposed scope modification will fill an existing gap regarding the provision of tertiary prevention services under the public health model for violence prevention. DAI will reinforce activities in juvenile justice to prevent youth violence and victimization by building upon previous accomplishments with GOH justice agencies and CSOs.

USAID had a tertiary prevention activity that was forced to end early when the previous administration cut the Mission’s budget in FY 2018. This Activity will be the only activity directly focused on tertiary violence prevention, including the rehabilitation and re-insertion into society of former gang members, as outlined in the RCS, requiring specialized justice expertise and established trust with community members and leaders. If this Activity is not extended, USAID would be poorly-positioned to provide the identified needs in the citizen security sector in Honduras and to respond to President Biden’s RCS, Pillar 4, Strategic Objective 3, Build Safe Communities through Violence Prevention and Intervention: Governments make legal and policy reforms in violence prevention, support rehabilitation and re-insertion into society of former gang members and individuals previously incarcerated, and provide protection to at-risk youth and victims of violence, and other marginalized populations, including prevention of human trafficking.

DAI has a history of promoting compliance with the UN Convention on the Rights of the Child, the UN Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), and other relevant international conventions to reinforce resiliencies in youth, their families, and their communities. Numerous assessments by USAID, Creative Associates International, Tutator Foundation, and others show that the Honduran juvenile justice system is highly punitive. There are also very few opportunities in Honduras for youth to desist from gang involvement even when they wish to do so. DAI will use a Positive Youth Development approach to introduce rehabilitative and holistic interventions that recognize differences in risk levels, developmental stages, and needs among youth involved with gangs or courts or at high risk of becoming so.

DAI will assist the juvenile justice system, CSOs, and communities in building resiliency in youth infractors, and supporting their reinsertion into their families and society, rather than their continuation of the vicious cycle of punishment, recidivism, gang involvement, and early death.

DAI’s strategies will engage youth at critical points and promote mentoring and social and counseling services to strengthen families. These interventions will offer a referral continuum from gang diversion through pre-trial, sentencing, rehabilitation, and post-sentence reintegration.

Finally, the Democracy and Governance Office is confident that DAI can immediately scale up activities to address the root causes of irregular migration and implement the RCS. This includes but is not limited to expanding the geographic focus, support, and strength of the justice sector, protecting vulnerable populations, conducting gender-based violence interventions, and increasing gang desistance.

DETERMINATION AND FINDINGS BY THE Acting Assistant Administrator/LAC Pursuant to the delegated authority set out in ADS 103.3.1.b, as the Acting Assistant Administrator, LAC Bureau, based on the findings described above, I have determined that the proposed action is justified in accordance with AIDAR 706.302-70(b)(3)(i).

Peter Natiello Acting AA/LAC Date

5. Confirmation of consultation with Agency Competition Advocate

AIDAR 706.302-70(c)(3) requires prior consultation with the Agency Competition Advocate before executing the written determination and finding. The undersigned Agency Competition

Peter R Natiello (affiliate)

Digitally signed by Peter R Natiello (affiliate) Date: 2021.09.10 15:02:48 -04'00'

Advocate certifies that consultation took place before executing the written determination and finding.

Jennifer Norling Date Agency Competition Advocate (acting)

Jennifer L Norling (affiliate)

Digitally signed by Jennifer L Norling (affiliate) Date: 2021.09.09 16:54:56 -04'00'

Tab 2

JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION (J&A)

TO: Peter Natiello, Acting Assistant Administrator, LAC Bureau

FROM: Janina Jaruzelski, USAID/Honduras Mission Director

SUBJECT: Justification and Approval for Other than Full and Open Competition (J&A) for Total Estimated Cost (TEC) increase, time extension, and scope modification to focus on tertiary prevention, juvenile justice, and gang desistance to respond to the new Honduras Country Development and Cooperation Strategy (CDCS) for Justice, Human Rights and Security Strengthening Activity, a critical program in USAID/Honduras.

(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)(3)(i) - Impairment of foreign aid programs, for awards for countries, regions, projects, or programs for which the Assistant Administrator, LAC Bureau for USAID makes a formal written Determination and Findings (D&F), that compliance with full and open competition procedures would impair foreign assistance objectives, and would be inconsistent with the fulfillment of the foreign assistance program. This document was prepared by the Democracy and Governance Office of the USAID/Honduras Mission.

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

The Justice, Human Rights, and Security Strengthening (JHRSS) Activity under Task Order No.

AID-522-TO-16-000007, issued under Rule of Law IDIQ, Contract No. AID-OAA-I-13-00033.

The current Total Estimated Cost (TEC) for this award is $34,170,761 for the period of performance (POP) from September 30, 2016 to February 11, 2023. This action is to request an extension of the POP from February 12, 2023 to February 12, 2026, a TEC increase of $20,000,000.00 to a new TEC of $54,170,761, and modification of scope to focus on tertiary prevention, juvenile justice, and gang desistance.

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

The Mission needs to scale up well-performing existing activities that address the underlying causes of the irregular migration, including impunity, corruption, human rights violations, gang violence, and insecurity.

USAID/Honduras is requesting the approval of a non-competitive extension and a $20,000,000.00 million TEC increase to DAI Global LLC. This will allow the JHRSS Activity to maintain its purpose of supporting more effective justice and security institutions to reduce violence, protect human rights, and increase access to justice in target areas which are key to reducing irregular migration. The Activity’s scope will be modified to include the focus on addressing gang desistance, juvenile justice, and tertiary prevention.

Furthermore, this TEC increase, time extension, and modification of scope will provide the Activity the necessary resources to immediately tackle and respond to challenges outlined in both the Root Causes Strategy (RCS) and the Collaborative Migration Management Strategy.

This is a complex and unique activity poised to respond, directly or indirectly, to all five pillars in the RCS. It will improve the rehabilitation and re-insertion into society of former gang members and individuals previously incarcerated, protect at-risk youth and victims of violence, and other marginalized populations, and help prevent human trafficking.

(4) Statutory authority permitting other than full and open competition:

Pursuant to AIDAR 706.302-70(b)(3)(i), full and open competition need not be obtained for an award for which the Assistant Administrator responsible for the project or program makes a formal written Determination and Findings (D&F) that compliance with full and open competition procedures would impair foreign assistance objectives, and would be inconsistent with the fulfillment of the foreign assistance program.

(5) A demonstration that the proposed contractor´s unique qualifications or the nature of the acquisition that requires use of the authority cited.

The DAI Activity provides assistance to the Judiciary, Public Ministry, Honduran National Police, Public Defense Attorney, and civil society organizations (CSOs) to support more effective and accountable justice and security institutions, with the purpose of reducing violence in target areas, reducing impunity, protecting human rights, increasing transparency, and engaging citizens in policy-making processes. In so doing, it addresses some of the root causes of irregular migration. If approved, DAI will transition its focus primarily to gang desistance, juvenile justice, and tertiary prevention with a human rights approach.

To date, USAID/Honduras has successfully implemented evidence-based primary and secondary violence prevention interventions. The proposed scope modification will fill an existing gap regarding the provision of tertiary prevention services under the public health model. DAI will reinforce activities in juvenile justice to prevent youth violence and victimization by building upon previous accomplishments with Government of Honduras justice agencies and CSOs.

This Activity will be the only activity directly focused on tertiary violence prevention, which requires specialized justice sector expertise and strong community relationships.

In 2016, the Activity was awarded through a fair and open competition to DAI Global, LLC. The contractor provides services to justice and security sector organizations to reduce violence in target areas, reduce impunity, and protect human rights, which contributes to reducing irregular migration. To date, DAI has supported modernization activities in the judicial system, such as the implementation of the electronic case management system and management models in criminal and specialized courts that are expected to substantially reduce the current 81 percent backlog of criminal cases. In addition, DAI has supported the Public Ministry in the implementation of validated performance management models for prosecutors in the key specialized units such as the Prosecutor’s Office for Crimes Against Life, Prosecutor’s Office for the Defense of Children and Youth, and Prosecutor’s Office for the Defense of Human Rights. JHRSS has also ensured access to public defenders by installing video conference systems that allow the imprisoned to communicate with the lawyer during the pandemic. The Activity has also installed Gessell Chambers in target locations to minimize revictimization and to ensure adequately registered testimony.

DAI also has supported the implementation of a community policing model in the five target municipalities, which are home to approximately two million people. The community policing model provides the National Police guidance on mitigating security-related push factors for emigration from urban communities. DAI has implemented a local systems approach which has enabled bringing communities closer to security and justice actors.

DAI works with vulnerable populations, including youth, women, the LGBTQI+ population, and others. This concerted effort to improve access to justice for the targeted populations has allowed DAI to implement the Route to Justice for Gender-Based Violence (GBV) victims. They have also supported the establishment of thematic access to justice roundtables with justice and security operators to identify needs and responses, or the community assessments plans, where the community, alongside the police, establish required actions to increase security.

If not approved, the Honduran justice system will lose critical support for efficient services that protect the rights of youth. For example, many youth will lack access to new protection or prevention mechanisms that could help them to avoid falling victim to reprisals or intimidation while engaging in legal processes,rehabilitative juvenile justice, or alternative sentences that could provide off-ramps for youth to leave crime or gangs. In addition, multiple sources corroborate that youth violence and victimization are significant causes of irregular migration.

If this Activity is not extended, USAID would be poorly positioned to provide the identified cooperation needs in the citizen security sector in Honduras and to respond to theRCS, particularly Pillar 4: Countering and preventing violence, extortion, and other crimes perpetrated by criminal gangs, trafficking networks, and other organized criminal organizations, and indirectly the other four Pillars. Further, if approval is not granted, USAID/Honduras would be unable to provide support to justice actors and CSOs that address gang desistance, juvenile justice, and tertiary prevention activities, which in turn would risk increasing the prevalence of violent crime, which has been identified as a driver for irregular migration and a contributing factor to rising homicide rates in Honduras.

If DAI is not extended, efforts to reduce impunity in Honduras will be impeded, and the capacity of justice and civil society actors trying to prevent and punish gender-based violence, and to support GBV victims in the five municipalities with the highest incidence of this crime, which has been identified as a driver contributing to irregular migration, will be reduced. USG foreign policy goals for a safe and prosperous Honduras would be undermined by continued insecurity, impunity, and violations of human rights, and a lack of trust in the justice and security sector.

If DAI’s task order is extended, in addition to the results it has achieved to date and the developed relationships and platforms it has developed, DAI will introduce a Positive Youth Development approach to introduce rehabilitative and holistic interventions that recognize differences in risk levels, developmental stages, and needs among youth involved with gangs or courts, or at high risk of becoming so. DAI will assist the juvenile justice system, CSOs, and communities to build resiliency in youth infractors and support their reinsertion into families and society, rather than their continuation of the vicious cycle of punishment, recidivism, gang involvement, and early death.

An award to a local organization was not considered, given the complexity of this program. DAI currently has stakeholder and institutional buy-in that increases implementation success given the difficulty required to gain their support. Given that the DAI Activity´s TEC is so large and the scope of work so complex, there are no local organizations in Honduras with the financial or technical capacity to implement this Activity. The contractor has dedicated, trained staff and robust relationships with key stakeholders such as the Honduran National Police, Judiciary, Public Ministry, and civil society organizations. Through this extension, DAI will have the necessary time to train local civil organizations and academia to increase specialization and build a cadre of experts in tertiary violence prevention, gang desistance, and juvenile justice, which will be able to undertake future transition awards within the scope of this activity.

The contractor is uniquely positioned to fulfill the current requirements to address irregular migration, citizen security, justice, human rights, anti-corruption, and gang desistance. Based on the previously described factors, DAI is uniquely qualified to provide the assistance required by the host government on an immediate basis, and any delay will impair foreign policy objectives.

Additionally, this is the only USG activity in Honduras intended to fully implement Strategic Objective Three of Pillar Four of the RCS. No other USG activity will work on the rehabilitation, reintegration, and reinsertion of ex-gang members. If this Activity is not extended, USAID and U.S. Embassy Honduras will not be able to respond to this strategic objective until a new activity can be designed, competed, procured, and set up in the country, which will take well over a year.

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

(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 Federal Acquisition Regulation (FAR) 5.2 [AIDAR 705.2].

According to AIDAR 706.302-70(c)(3) and AIDAR 705.202(b), advance notice is not required when the authorities at 706.302-70(b)(3)(i) are used; therefore, no notice was publicized.

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

The anticipated costs to the U.S. Government are based on the contractor’s recent and historical expenditures; the interventions proposed under this extension period are substantially the same or similar to those implemented by the contractor. A determination that the cost to the Government is fair and reasonable will be made by the respective CO and documented in the file prior to executing the modification.

(8) A statement of the reasons market research was not conducted:

USAID/Honduras did not conduct market research given the likelihood that any delay will impair foreign objectives to address migration, governance, citizen security, justice, human rights, anti-corruption, and gang desistance. Given the urgency of this requirement in response to the migrant crisis, it is not feasible to select another contractor familiar with the breadth and scope of the work to be undertaken.

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

Since 2015, USAID has provided assistance to El Salvador, Guatemala, and Honduras to address the root causes of irregular migration. However, the lack of FY 2018 program funding had a significant impact on Mission programming and operations, from which the Northern Triangle Missions are still recovering. Specifically, USAID/Honduras was forced to end its tertiary prevention activity within one year of initiation. Other activities were also forced to close early or significantly descope, and the design of new activities slowed down given declining budgets.

As the Agency prepares to scale up efforts to implement President Biden’s proposed $4 billion in new funding for the region over four years , USAID must ensure that LAC and the Northern Triangle Missions have adequate resources and flexibilities in the areas of human resources and procurement to deliver results and ensure proper oversight of programs effectively.

To accelerate addressing the root causes of migration from northern Central America and implement the Root Causes Strategy, the USAID/Honduras Mission must expand implementation of prior activities as quickly as possible.

If the JHRSS Activity is extended, a modification will be made to the scope of work to include a focus on tertiary prevention, juvenile justice, and gang desistance.

○ If not approved, the Honduran justice system will lose critical support for efficient justice services that protect the rights of youth and marginalized populations.

○ In addition, many youth would not have protection and preventive mechanisms to avoid being victims of violence or rehabilitation programs to leave gangs and the justice system. Multiple sources corroborate that youth violence and victimization are significant causes of irregular migration.

○ The political will to work with institutions like the Public Ministry, Honduran National Police is hard to acquire. DAI has had more than four years to gain trust, critical for activity implementation, and has the ability to hit the ground running to immediately address insecurity, a key driver of irregular migration and internal displacement.

○ Entry points in a co-opted and complex system like that inHonduras is hard to get, and it is in the best interest of the U.S. Government to continue with DAI as a partner given that a new competed contract at this stage would require years to build a relationship from scratch while the current Contractor has already built the relationships with the required justice and security actors.

○ No other source could practicably provide these benefits at the level provided by

DAI.

(10) A listing of the sources, if any, that expressed an interest, in writing, in the acquisition:

No other sources expressed interest in this requirement.

(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 intends to compete future requirements through full and open competition.

(12) Technical certification:

In accordance with FAR 6.303, I hereby certify that the technical statements included above and which form a basis for the justification are complement and accurate.

Shannon Schissler Date Technical Office Representative

13. Approved:

Under ADS 103.3.1.b, as the Acting Assistant Administrator, LAC Bureau, I approve this J&A pursuant to AIDAR 706.302-70(b)(3)(i) and conclude that compliance with full and open competition for the proposed actions would be inconsistent with the fulfillment of the foreign assistance programs based on the information provided above.

Peter Natiello, Date Acting Assistant Administrator, LAC Bureau

SHANNON MIRIAM

SCHISSLER (affiliate)

Digitally signed by SHANNON MIRIAM SCHISSLER (affiliate) Date: 2021.09.09 12:26:20 -06'00'

9/9/21

Peter R Natiello (affiliate)

Digitally signed by Peter R Natiello (affiliate) Date: 2021.09.10 15:03:40 -04'00'