J and A 24-091 ILAW Task Order.pdf

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

TO: Kitty Andang, Activity Competition Advocate, USAID/West Africa

FROM: Guy Martorana, DRG Office Director, USAID/Côte d’Ivoire

SUBJECT: Justification for an Exception to Fair Opportunity

1. This document sets forth the facts and rationale justifying an exception to fair opportunity, in accordance with FAR 16.505. This document was prepared by the DRG office of USAID/Côte d’Ivoire.

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

This is a request to approve contract modification scope expansion award to Tetra Tech ARD for $2,000,000. This extension will focus on sustainability, notably through the consolidation of the project achievements and realizations including: (i) providing further support to the process of establishing women’s land ownership documentation; (ii) strengthening the capacity of women to negotiate lands; (iii) supporting linkages of supported local women associations with microfinance institutions; and (iv) reinforcing the role of local women in promoting social cohesion and peaceful participation in the upcoming electoral cycle. A key component of this extension will be to empower local implementing partners, including the Association of Women Legal Practitioners of Côte d’Ivoire (AFJCI), the Rural Animation of Korhogo (ARK), the Council for Humanitarian and Development Assistance (CAHD) to progressively take over some components of the activity and adopt the innovations beyond the extension period given their strategic positioning and long-term presence in the targeted communities of the ILAW activity.

The ILAW activity is a USAID Task Order under the Strengthening Tenure and Resource Rights (STARR) II Indefinite Delivery Indefinite Quantity (IDIQ) contract, implemented by Tetra Tech ARD in Côte d’Ivoire. The initial period of performance runs from July 29th, 2021, to August 2nd, 2024.

The period of performance will be extended from Aug. 2, 2024 to July 3, 2025. This is the first non-competitive cost modification envisioned under this activity.

Contracting Agency: U.S. Agency for International Development (USAID) Contracting Activity: Improving Land Access for Women Task Order Contractor: Tetra Tech, ARD IDIQ Number: 7200AA18D00003 IDIQ PoP (Ordering period): July 20, 2018 – July 19, 2025 Task Order Number: 72062421F00006 Task Order PoP: July 29, 2021 to August 2, 2024

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

This proposed $2,000,000 extension will focus on the following components; building on the achievements of the ILAW activity: (i) providing further support to the process of establishing women’s land ownership documentation; (ii) strengthening the capacity of women to negotiate lands; (iii) supporting linkages of supported local women associations with microfinance institutions; and, (iv) reinforcing the role of local women in promoting social cohesion and peaceful participation in the upcoming electoral cycle. A key component of this extension will be to empower local implementing partners, including the Association of Women Legal Practitioners of Côte d’Ivoire (AFJCI), the Rural Animation of Korhogo (ARK), the Council for Humanitarian and Development Assistance (CAHD) to progressively take over some components of the activity and adopt the innovations beyond the extension period given their strategic positioning and long-term presence in the targeted communities of the ILAW activity.

(i) Support the process of establishing women’s land ownership documentation: ILAW has succeeded in breaking down restrictive social norms and dismantling systemic gender barriers by facilitating donations of land to women and normalizing the concept of equal inheritance rights between men and women as highlighted by the endline KAP survey. With this extension, together with its local partners, ILAW will continue the provision of legal assistance to individual women and women groups as well as to the broader community as needed. ILAW will prioritize existing cases as they progress through the intricate and lengthy administrative process of land registration.

However, as necessary, the activity will receive and accept new cases to provide the necessary support. ILAW will do this while strengthening its partnership with other government or donor initiatives. Mediation and land registration cases that may exceed the extension timeframe could be referred to those institutions. ILAW will also document its best practices to share in regional and national forums.

(ii) Strengthen the capacity of women to negotiate lands: To help more women access land, the activity will continue the provision of leadership and management training. This will teach important skills such as communication, decision making, and negotiation. Women will practice negotiation scenarios in a safe and supportive environment with other women and trained negotiators. The activity will provide women with access to mentors who are trained in negotiation and help them gain insights into successful negotiation strategies. The activity will ensure that women feel a sense of community and support, which will enhance their confidence and negotiating skills. This activity will build on the innovative Gender Action and Learning System (GALS) approach and leverage the existing network of women leaders and GALS champions to lead this action. Local champions leading the process from the beginning to the end will ensure they are fully empowered to support their communities and women. A new GALS cycle will also be conducted in the project initial target communities. ILAW will continue involving men throughout in order to secure their support and full participation which is a condition to preventing Gender-

Based Violence (GBV), sustainably changing gender norms and attitudes, and promoting joint decision-making and planning among household members.

(iii) Support linkages with microfinance institutions: ILAW supported 30 women agricultural groups who have received training and various forms of support to bolster their livelihoods and activities.

With the support of ILAW, these organizations have formalized their associations. The activity will build on these previous investments to support the most matured women’s agricultural groups and their regional/national federations to access micro credit institutions to increase their output and market access. With this access to financing, targeted women associations will increase their income through income generating activities and they will be able to purchase lands, especially in urban areas which is an effective way to address systemic barriers to women’s land rights.

(iv) Reinforce the role of local women in promoting social cohesion and peaceful participation in the upcoming electoral cycle: As demonstrated in previous activities, notably the Political Transition and Inclusion Activity, local voices and trusted local networks constitute strong bulwark against political and electoral violence. ILAW will leverage its network of established women associations to build the capacity and incentivize local women participating in associations or other project activities to take on more responsibilities in promoting social cohesion and peaceful participation in upcoming elections in their respective communities. This could be done through localized dialogue, community awareness campaigns, leading information sessions on the political process, notably the voter registration process and the voting process. These groups could also be linked with the existing chapters of the Inter-party Platforms for Democratic Elections (CIED) created and supported under previous USAID activities. This will not only contribute to reinforce the role of local women in building peace, but also deter jeopardizing the investments of the projects in their respective communities.

The IDIQ COR provided their concurrence to this action on May 8, 2024.

4. Identification of the exception to fair opportunity (see 16.505(b)(2)) and the supporting rationale, including a demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the exception cited.

Logical Follow-on - FAR 16.505(b)(2)(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 order no. 72062421F00006 already issued under the contract and all awardees were given a fair opportunity to be considered for the original order.” The extension envisioned herein of Task Order #72062421F00006 mandates a sole source action for the following reasons. Based on the impressive results achieved thus far, USAID/CDI recognizes the need to consolidate and fortify the gains made through the ILAW activity by extending its duration.

This extension aims to strengthen key components essential for ensuring the sustainability of the program. Importantly, the interventions slated for inclusion in the cost extension are closely intertwined with the ongoing work procured under the original contract. This continuity aligns with the guidelines outlined in FAR 16.505 (b)(2)(i)(C) regarding the Follow-On of critical components.

USAID/CDI's decision to retain the same implementing partner for this extension is rooted in the belief that continuity will yield the greatest benefits for the government. By avoiding a transition period, further delays can be prevented, enabling the implementing partner not to discontinue activity implementation. With their existing resources, network, and experienced staff, they are well-equipped to support the successful achievement of the extension's objectives within the stipulated time frame.

Moreover, the extension period presents an opportunity for the transferring of critical skills and tools developed or implemented under the activity to local partners. This transfer of knowledge is integral to building the capacity of local implementing partners, such as AFJCI, the Rural Animation of Korhogo, and the Council for Humanitarian and Development Assistance. By progressively involving these partners, the aim is to empower them to assume greater responsibility for certain components of the activity and to sustain the innovations beyond the extension period. Their strategic positioning and established presence in the targeted communities make them well-suited for this role in advancing the objectives of the ILAW activity over the long term.

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

Per FAR 15.404-1(c)(D) the CO used an Independent Government Cost Estimate (IGCE) to ensure that the anticipated cost will be fair and reasonable. Moreover, the CO based the determination on actual costs previously incurred by the same offeror per FAR 15.404-1(c)(A).

6. Other facts supporting the use of exception to fair opportunity:

As part of the ILAW activity, Tetra Tech ARD developed innovations like the Land Management Agreement Model which allows for an inclusive and participatory decision-making process at the community level around land decisions and management. The tool is also gender sensitive allowing greater participation of women. The piloting process was conducted in conjunction with the Ivorian rural Land Management Agency (AFOR). The extension will be an opportunity to scale up the innovative tool to all the 30 target communities of the activity. Moreover, this will ensure a smooth transfer and transition of the tool to local partners and the AFOR. Likewise, AFJCI is leading the land registration process for about 200 women. The process is lengthy and requires the involvement of several government offices and administration. In this regard, extending the activity will allow ample time to complete those administrative processes that go beyond the project’s control.

7. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made:

The Agency intends to compete any future requirements for the same or similar services through a full and open competitive process. The mission does not intend to extend the activity beyond the duration specified in this action. Also, for any follow on, the mission anticipates an open competition process to ensure fair opportunity for all other entities.

8. Technical or Requirement Personnel Certification

In accordance with FAR 16.505(b)(2)(ii)(B)(9), I hereby certify that the technical statements included above, which form a basis for the justification, are complete and accurate.

_______________OK_____________________ ______5/08/2024____________

Emile Ako, Contracting Officer Representative Insert date

9. Contracting Officer Certification

Based on the exception to a full and open competition provided under FAR 16.505(b)(2) and the justification provided above, I hereby certify that the justification is accurate and complete to the best of my knowledge and belief.

_____________TO________________________ _______5.19.2024__________

Taniece Owusu, Contracting Officer Insert date

10. Approving Official Determination

I have determined that the circumstances in FAR 16.505 (b)(2)(i)(C), appropriately apply to this order.

Kitty Andang Activity Competition Advocate Insert date

1. Clearance [As required, see ADS 302.3.4.5 and Exceptions to Competition Guide]

_____John G Butler_____ ______5/20/24______ John Greg Butler, Legal Counsel Insert date

2. Clearance [As required, see ADS 302.3.4.5 and Exceptions to Competition Guide]

Deborah Broderick, Agency Competition Advocate Insert date https://www.usaid.gov/ads/policy/300/302 https://pages.usaid.gov/M/OAA/exceptions-competition https://www.usaid.gov/ads/policy/300/302 https://pages.usaid.gov/M/OAA/exceptions-competition