Approved JnA and DnF.pdf

TAB 1:

To: Acting Assistant Administrator Peter Duffy

Date: May 25, 2023

From: Adam Schmidt, Mission Director, USAID/Sudan

SUBJECT: Justification and Approval (J&A) for Other Than Full-and-Open Competition for the Toward Enduring Peace in Sudan (TEPS) Activity and its contract to Implement Critical Partner Liaison Security Operations and Respond to the Current Conflict in Sudan

1. This document sets forth the facts and rationale to justify the use of other than full-and-open competition, in accordance with Part 706.302-70(a)(2) of the U.S. Agency for International Development (USAID) Acquisition Regulation (AIDAR): “Full 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.” Under Part 706.70(b)(3)(i), 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

The Democracy and Governance Office of the USAID Mission in Sudan prepared this document.

Contracting Agency: USAID Contracting Location: USAID/Sudan Activity Title: Toward Enduring Peace in Sudan (TEPS) Contract Number: AID-667-C-14-00001 Implementing Partner: DT Global (formerly AECOM International Development, Inc.)

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

This is a request to approve, on a non-competitive basis, a modification to contract number AID-667-C-14-00001 to do the following: 1) extend its period of performance by 24 months, from September 14, 2023, to September 14, 2025; 2) increase its Total Estimated Cost (TEC) by $20.5 million from $50,880,354 to $71,380,354. Under this action, this modification would support the continuation of TEPS until a time when it can be openly competed and support urgently needed Partner Liaison Security Operations (PLSO) to provide a high-level of safety, security, and operational support to USAID/Sudan’s IPs for an initial period of six months (new);

and 3) provide an option to extend PLSO services for an additional six months. The 6-month option to extend PLSO services is currently estimated to be $310,000.

Support for such citizen-led processes, as supported through TEPS, is an urgent US foreign policy priority in Sudan and there is an explicit connection between these citizen actions and the future of democratic transition in Sudan. The extension of TEPS and new PLSO services will be central to this and other policy approaches designed to protect, elevate, and sustain Sudanese civilian stakeholders to inform ongoing approaches to the conflict, humanitarian crisis, and political future of Sudan.

Under this action, DT Global would continue its TEPS programs in the Republic of Sudan to meet essential, community-level needs of people who are displaced or returning from displacement: access to water for drinking and irrigation, medical services, psycho-social support and trauma care, the production of food and access to markets; and improve the means of Sudanese citizens to secure the basic necessities they need to live. Additionally, DT Global would continue and expand people-to-people reconciliation programs and activities that bring together individuals of different ethnic, religious, or political backgrounds from areas of civil conflict and war to address the root causes of violence, and foster engagement in transition and democratic processes. This could include supporting local community leaders, providing assistance to communities engaged in peace processes, expanding civic education, expanding trauma awareness and healing programs and promoting community resilience and prevention of the spread of violence to other regions and communities.

The overall goal of the TEPS activity is to increase Sudanese capacity for peace-building, engagement in democratic processes, and community resilience. The activity has served as a catalyst for stability in Sudan by encouraging greater connections between communities and government at the State and local levels, while also strengthening the capacity of Sudanese citizens to engage productively with their elected officials. Under this extension, TEPS would build on and reinforce significant advances made during the previous eight years of implementation during this critical period for Sudan. Funding to TEPS supports a historically trusted peace-building program and will allow USAID to continue to promote interagency goals during this critical conflict period to: 1) protect, elevate, and sustain Sudanese civilian stakeholders to inform ongoing approaches to the conflict, humanitarian crisis, and political future of Sudan; and 2) empower civilian articulation of and participation in a future civilian-led political process and 3) support peace building, address emerging community needs, and prevent the spread of tensions to potential hot spot areas where TEPS is currently located in Darfur, Western Kordofan and South Kordofan and Blue Nile.

With a 24 month time extension and $20.5 million budget increase, TEPS would: (1) continue and expand its partner base and zone of influence in 11 of 18 States and potentially expand to new states; (2) continue its special objective to enhance justice and peace mechanisms including trauma awareness and support; (3) promote dispute-resolution; and, (4) reinforce partnerships with youth, women, and other marginalized groups to address the needs under the current conflict. In addition, DT Global will provide Partner Liaison Security Operations (PLSO) to provide a high-level of safety, security, and operational support to USAID/Sudan’s Implementing Partners (IPs) through proactive engagement including meetings, site visits, written communications, and SMS texts for an initial period of six months (new) with an option to extend services for an additional six months.

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

The proposed increase in the TEC for TEPS of $20.5 million and a 24 month time extension would allow for continuation and strengthening of peace and resilience building activities during this period of extreme instability and on-going conflict. Further, the modification would allow DT Global to continue and strengthen its technical assistance and training, reinforce and intensify assistance in critical areas while expanding the pool of beneficiaries, broaden partnerships with small and underutilized local Sudanese organizations, and seize opportunities to capitalize and strengthen its existing partnerships during this evolving and fluid situation on the ground.

TEPS funding will: continue to provide grants to support medical facility rehabilitation and equipment needs, including emergency rooms established by neighborhood Resistance Committees and other community groups; support trauma service delivery teams across the country, increasing access to trauma awareness and support services teams; counter disinformation campaigns inflaming the current violence and conflict; and support new civil society concepts to prevent conflict from further escalation. Further, TEPS would continue to promote self-reliance and directly apply USAID’s localisation goals of putting local actors in the lead, strengthening local systems, and being responsive to local communities by putting communities front and center in the organization and delivery of humanitarian assistance;

promote community level peace in the post April 15, 2023 military-military conflict scenario;

build the capacity of women and youth through income-generating activities designed to build community resilience to social, environmental, and economic shocks.

The PLSO services will provide necessary security-related information to DT Global’s partners and USAID/Sudan’s other IPs, to effectively and sustainably function in the fluid and complex security environment in which they are working. PLSO’s high-level of safety, security, and operational support to USAID/Sudan’s IPs would facilitate the IPs ability to make informed decisions that impact their ability to safely implement activities.

4. Statutory authority that permits other than full-and-open competition:

Section 706.302-70(a)(2) of the AIDAR states that “full 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.” Pursuant to Section 706.302-70(b) of the AIDAR, the Agency may use this authority for, “(3)(i) [a]n award for which the Assistant Administrator responsible for the project or program makes a formal written determination, with supporting findings [D&F], that compliance with full- and-open competitive procedures would impair foreign assistance objectives, and would be inconsistent with the fulfillment of the foreign assistance program.”

As provided in Section 706.302-70(c)(3) of the AIDAR, the Agency shall use the authority in Section 706.302-70(b)(3)(i) of the AIDAR only when no other authority in Part 6.302 of the Federal Acquisition Regulation (FAR) or Section 706.302 of the AIDAR is suitable. USAID/Sudan considered the other authorities under the FAR and AIDAR for other than full-and-open competition in discussion with the Mission’s Office of Acquisition and Assistance prior to submitting this J&A, and deemed no other authorities were suitable for this action.

5. A demonstration that the proposed contractor's unique qualification or the nature of the acquisition that requires the 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 political dialogue, peace-building, conflict-resolution, and citizen-responsive governance. Maintaining this capacity during this critical period of conflict and instability is essential for the provision of continued high-quality and timely technical assistance for a democratic and peaceful Sudan. Interruption of, or a change to, assistance in Sudan, absent the current TEPS mechanism, would very likely slow progress in the above-mentioned areas.

DT Global responded quickly to changes in programmatic strategy and approach as unforeseen events arose over the course of the contract’s performance period. DT Global is highly cooperative in managing complex relationships that involve multiple clients, including the U.S.

Embassy in Khartoum, local government institutions, civil society, community leaders, other DG, OTI and humanitarian assistance implementing partners and beneficiaries.

Conducting a full-and-open competition at this time would require an extensive procurement process, which would result in critical lost time. In addition to the time needed to compete a new award, any new partner would require months to register with the impaired Sudanese Government and build the necessary relationships and master the highly technical and complex operating environment, which would impose gaps in assistance that the Mission must avoid during this important period of implementation. It’s also important to recognize that it’s not a given that a new partner’s application for registration would be approved by the Sudanese Government. Partners working in democracy and governance are subject to much greater scrutiny by the host government. Therefore, it would be difficult, if not impossible, to provide seamless and meaningful assistance to Sudan under the period covered by the proposed modification to the TEPS contract with a firm other than DT Global.

USAID’s Mission in Khartoum strongly believes that this extraordinary situation demands an exceptional request for a contract extension to ensure USAID can sustain our investments in Sudan.

6. A 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 Part 5.2 of the FAR [Section 705.2 of the AIDAR]:

USAID/Sudan predicates this request for an increase in the TEC for contract AID-667-C-14-00001 on the need to maintain the continuity of the Mission’s technical-assistance activities during this period of instability and conflict in Sudan. In accordance with Section 705.202(b) of the AIDAR, advance notice is not appropriate or reasonable for contract actions described in Sections 706.302-70(b)(1) through (b)(3) of the AIDAR. In accordance with Part 6.305(a) of the FAR, USAID would make this justification publicly available within 14 days after the cognizant Contracting Officer (CO) signs the modification to the contract.

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

Because of experience with the previous competitive process for the award of the initial contract, other competitive contracting processes of the same nature, and market knowledge, the CO possesses the tools and knowledge to ensure the negotiated costs of the extension to contract AID-667-C-14-00001 are fair and reasonable. Existing partners across the Mission’s portfolio have indicated that the availability of previously accessible goods and services is severely limited and the costs have increased. While elevated or fluctuating, costs can still be deemed reasonable as they match the current market prices. Additionally, USAID/Sudan developed a cost-estimate, which will be the basis for negotiation, based on historical expense rates and recent expenditure rates over the last 3 months to account for rising costs.

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

USAID/Sudan 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 it would not be possible for a new contractor to deliver such critical services in a timely and cost-efficient manner as much of implementing partners' ability to operate under the current environment is due to their utilization of existing contacts and networks, both informal and formal, in order to address the constantly shifting challenges as well as identify new opportunities.

USAID/Sudan has an accurate understanding of historical costs associated with implementing in Sudan based on numerous ongoing and new awards in the past year. However, the current crisis has created uncertain strains on both the banking and private sectors - creating unstable pricing and access to many supplies and services. USAID/Sudan acknowledges the cost risk associated with the current implementing environment and will work with the contractor to review and manage cost risk on a monthly basis. Moreover, the Mission has determined that the proposed peace-building and consensus-building interventions in Sudan are of such a time-sensitive nature that for them to not proceed expeditiously now would cause impairment to U.S. foreign assistance.

Specifically for the PLSO services, USAID/Sudan contacted both current USAID/Sudan contractors with an ongoing presence in Sudan to determine their capabilities to provide PLSO services. As discussed above, only contractors with existing footprints in Sudan are reasonably capable of providing these services under the current circumstances. Of the two current contractors, only one contractor confirmed they had the capability to provide the PLSO services in the current environment.

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

In FY21, the USAID/Sudan Democracy and Governance team (DG team) increased the number of partners implementing activities across Sudan from three to seven including a new civil society capacity building award, two peace-building awards and one conflict sensitivity award.

The DG team utilized the People2People competitive mechanism to make two of these new awards.

In addition, prior to the eruption of the April 15 military to military conflict, the DG team had prepared the scope of work to allow for a full and open competition for multiple new awards. A TEPS 2.0 follow-on activity would have been initiated in September 2023 with an estimated award date 12 months later (September 2024). The DG team also prepared the scope of work for a new Rule of Law activity, which was intended to be competed through a full and open competition. In addition, the DG ream prepared an Addendum under the Mission’s APS, which was intended to solicit and award new DG activities.

Lastly, while historically PLSO services have been managed by Mission staff who work in the Program Office or the Executive Office, given that Embassy operations have been suspended there are no USAID staff in Sudan who can serve as the project manager or support the delivery of the PLSO services. Hence the need to use a contract mechanism to ensure that security engagement with all USAID implementing partners takes place.

As stated above, these potential awards and timelines are no longer feasible given the urgent needs and impact on foreign assistance in Sudan. USAID’s Mission in Khartoum strongly believes that this extraordinary situation demands an exceptional request for a contract extension to ensure USAID can sustain our investments in Sudan.

10. Sources, if any, that expressed an interest, in writing, in the acquisition:

Because of the nature of the request for the extension of the award on a non-competitive basis based on Section 706.302-70(b)(3)(i) of the AIDAR, USAID did not post a solicitation notice, as stated in Section 6 of this J&A above.

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 for technical assistance in Sudan through full-and-open competition. The Mission has drafted a Scope of Work for a subsequent contract to TEPS and an additional Scope of Work for activities related to Rule of Law; however, due to the current conflict and instability in Sudan, it is not feasible to move forward with competing these ac vi es at this me. Previously planned scopes of work will be delayed but are s ll poten ally viable as the opera ng context and needs become clearer. USAID/Sudan intends to target new solicita ons and funding opportuni es through full and open compe on during FY 2024. The Mission will compete for the services of a contractor to provide PLSO services in the future.

12. Technical or requirements personnel cer fica on:

In accordance with Part 6.303-1(c) of the FAR, I hereby cer fy that the technical statements included above, and which form a basis for the jus fica on, are complete and accurate.

Adam Schmidt Date Mission Director, USAID/Sudan

13. Contrac ng Officer cer fica on:

I hereby cer fy that the jus fica on is accurate and complete to the best of my knowledge and belief.

__________________________ 25 May 2023 Erik Singer Date Contrac ng Officer, USAID

Erik Singer Digitally signed by Erik Singer Date: 2023.05.25 16:38:35 +02'00'

Adam Schmidt Digitally signed by Adam Schmidt Date: 2023.05.25 17:54:39 +03'00'

TAB 2

May 25, 2023

DETERMINATION AND FINDINGS (D&F)

Contracting Agency: U.S. Agency for International Development (USAID) Contracting Location: USAID/Sudan Activity Title: Toward Enduring Peace in Sudan (TEPS) Contract Number: AID-667-C-14-00001 Implementing Partner: DT Global (formerly AECOM International Development, Inc.)

1. Nature and description of the action being approved:

This is a request that you make a determination and findings under Section 706.302-70(b)(3)(i) of the U.S. Agency for International Development (USAID) Acquisition Regulation (AIDAR) that compliance with full-and-open competition procedures for the proposed contract action, as described in the Justification and Approval (J&A, Tab 1) would impair U.S. foreign-assistance objectives and would be inconsistent with the fulfillment of a U.S. Government foreign-assistance program.

This D&F would allow modification to above-referenced contract AID-667-C-14-00001 to increase its Total Estimated Cost (TEC) by $20.5 million, from $50,880,354 to $71,380,354, and extend its end date by 24 months, from September 14, 2023, to September 14, 2025. This modification would support the continuation of TEPS until a time when it can be openly competed, and add Partner Liaison Security Operations (PLSO) services to provide a high-level of safety, security, and operational support to USAID/Sudan’s IPs. The 6-month option to extend PLSO services is currently estimated to be $310,000.

2. Identification of the statutory authority upon which the D&F is based:

Pursuant to Section 706.302-70(b)(3)(i) of the AIDAR, the Assistant Administrator responsible for the project or program has the authority to make a formal written D&F that compliance with full-and-open competition procedures would impair specific U.S. foreign-assistance objectives and would be inconsistent with the fulfillment of a U.S. Government foreign-assistance program.

3. Findings that detail the particular circumstance, facts, or reasoning essential to support the determination:

Through a full-and-open competition process, USAID awarded the contract for the Toward Enduring Peace in Sudan (TEPS) activity (AID-667-C-14-00001) to DT Global with a performance period from September 2014 to September 2020 (including two option years and a one-year cost-extension), with a TEC of $25,880,354. Subsequently, DT Global received an additional $25 million and 36 month extension.

Prior to the eruption of the April 15 military to military conflict, the Mission’s Democracy and Governance team prepared the scope of work to allow for a full and open competition for a TEPS 2.0 follow-on activity, a process which would have been initiated in September 2023 with an estimated award date 12 months later (September 2024). Due to the ongoing instability in Sudan, competition for TEPS 2.0 is on temporary hold.

TEPS contributes to development in the Republic of Sudan by strengthening a democratic and peaceful Sudanese development trajectory, directly supported by improving intra- and interstate relations at the community level, strengthening Sudanese participation in transition processes, and improving the resilience of communities to social and economic shocks. The overall goal of the TEPS activity is to increase Sudanese capacity for peace-building, engagement in democratic processes, and community resilience. An extension of the TEPS contract would allow USAID to follow through on highly advanced political dialogues and peace initiatives with current key stakeholders.

4. Determination based on the findings that the proposed action is justified under the applicable statute or regulation:

Section 706.302-70(a)(2) of the AIDAR states that, “full 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.” Pursuant to Section 706.302-70(b) of the AIDAR, the Agency may use this authority for, "'(3)(i) [a]n award for which the Assistant Administrator responsible for the project or program makes a formal written determination, with supporting findings [D&F], that compliance with full and open competitive procedures would impair foreign assistance objectives, and would be inconsistent with the fulfillment of the foreign assistance program.” An extension of the TEPS contract would allow USAID to follow through on highly advanced political dialogues and peace initiatives with current key stakeholders.

The USG has a long history of supporting the people of Sudan, including through the civil war, the Darfur Genocide, and the separation and independence of South Sudan. During this time of unprecedented conflict and instability, maintaining a viable peace building community and civil society based presence across Sudan is vital to U.S. national interests, regional stability, and a return on the USG's investments. Any delay would impair USAID’s ability to meet high-priority U.S. foreign-policy objectives to strengthen the foundation for citizen-responsive democratic processes and promote community resilience at a critical juncture of unrest and change.

Therefore, extending this contract pursuant to the J&A would be necessary to avoid any impairment of an important U.S. Government foreign-assistance program. Additionally, competing a security focused contract during this extension period would lead to significant delays and a disruption of services on the vital work being implemented by USAID Sudan’s IPs.

USAID/Sudan strongly believes the extraordinary situation in the country demands an exceptional request for an increase in the TEC for contract AID-667-C-14-00001 and an extension to its end date to ensure the Agency can meet current policy objectives and support Sudanese civilian actors and sustain USAID’s investments in Sudan.

Approve, _____PD______ Disapprove, ________________ Date: __5/30/23____________

Peter Duffy Acting Assistant Administrator, Africa Bureau

Confirmation of consultation with the Agency Competitive Advocate:

Section 706.302-70(c)(4) of the AIDAR requires consultation with the Agency Competition Advocate before executing the written D&F, which must reflect the consultation. The D&F herein reflects prior consultation with the undersigned Agency Competition Advocate.

Cleared May 30, 2023 Deborah Broderick Agency Competition Advocate

Link to ACA Clearance Document:

https://docs.google.com/document/d/1TqGo92yVFVCa7xH4T0C1Zvf6Z3-QIn7nrMjFAqpPhk0/ed it

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