JA_72030619C00004_Afghanistan_Monitoring_Evaluation_and_Learning_Activity_(AMELA).pdf

JUSTIFICATION AND APPROVAL FOR EXPEDITED PROCEDURES PACKAGE

TO: Acting Contracting Officer

CC: Agency Competition Advocate

FROM: Office of Program and Project Development/Office Director

DATE: July 12, 2023

SUBJECT: Justification for Other than Full and Open Competition under the Expedited

Procedures Package (EPP) for Afghanistan.

1. This document sets forth the facts and rationale justifying the use of other than full and open competition.

We request approval of this justification for use of other than full and open competition pursuant to the authorities under the Expedited Acquisition and Assistance Procedures (EPP) for Afghanistan, approved on December 9, 2021. Your approval of this J&A constitutes the justification for other than full and open competition as required by Tab 1 (D&F for the Authorization of Less than Full and Open Competitive Procedures in the Modification or Award of Contracts) of the EPP.

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

The action being approved under this J&A is a modification of Contract Number 72030619C00004 with Management Systems International (MSI) for the Afghanistan Monitoring, Evaluation and Learning Activity (AMELA), which was entered into on March 13, 2019, and ends on March 12, 2024, with a total estimated cost (TEC) of $39,848,003, of which $29,246,865.37 has been sub-obligated to date.

This modification will increase the TEC by $5,000,000 from $39,848,003 to $44,848,003, add new incremental funding of $7,000,000, extend the period of performance from March 13, 2024 to March 12, 2025, and revise the scope of work by adding related activities now being carried out by the same contractor under a separate contract as discussed below.

This modification will enable USAID/Afghanistan to provide enhanced monitoring services, under Component 2 of the contract, to include covering potential fraud, waste and abuse and possible aid diversion or interference by Taliban with a greater number of site visits, more detailed questionnaires and follow-up calls, and to extend the contract with one additional year. Services under Components 1, 3 and 4, including evaluations, assessments, studies, and program support will continue to be implemented as defined in the Contract.

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

AMELA is USAID/Afghanistan’s monitoring, evaluation, and learning (MEL) platform. AMELA services strengthen implementation of the Mission’s development strategy and support USAID/Afghanistan’s adaptive management capacity. AMELA provides the Mission with products designed to inform and improve future programming and build the MEL-related technical knowledge and skills of Mission staff and stakeholders.

AMELA has four components:

● Component 1 - Evaluation Technical Support Services

○ Impact and Performance Evaluations

○ Assessments/Special Studies/Surveys

● Component 2 - Monitoring Technical Support Services

○ Third Party Monitoring

○ Activity Verification

● Component 3 – Learning and Adaptive Management Services

○ Collaboration, Learning and Adapting

○ Monitoring and Evaluation Capacity Building

● Component 4 – Program Support Services

○ Mission-wide strategic planning and portfolio alignment efforts

○ Analytical work to inform Mission Program Cycle processes & portfolio reviews

Total estimated cost is $39,848,003 which this action seeks to increase by $5,000,000, from $39,848,003 to $44,848,003.

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

AIDAR 706.302-70(b)(3) and 40 U.S.C. §113; see Action Memorandum titled “Expedited Acquisition and Assistance Procedures for Afghanistan” approved December 9, 2021.

5. A discussion of the proposed contractor’s unique qualifications or the nature of the acquisition that requires use of the authority cited.

USAID/Afghanistan’s need for independent monitoring and evaluation services has never been greater. Since the events of August 2021, the United States has neither recognized nor established diplomatic relations with the so-called Taliban authorities. USAID, international organizations, and NGOs have continued to press forward with delivery of humanitarian and development assistance to the Afghan people; however, the operating environment has been complex and fluid, with uncertainty prevailing over stability and sustainability in many sectors.

For the four years since 2019, AMELA has provided significant technical feedback to Mission stakeholders to support performance management and inform and improve USAID programming. AMELA has further supported the Mission’s oversight and accountability needs.

AMELA’s third-party monitoring (TPM) does provide an important opportunistic first line of defense against potential fraud, waste, and abuse. TPM serves as a “smoke alarm,” warning

Mission stakeholders of potential fraud, waste, and abuse observed during verification site visits. Currently, AMELA monitors both USAID Afghanistan’s humanitarian and development portfolio. In 2020 BHA bought into AMELA with $2 million to cover its TPM needs for initially five awards which has expanded to eight awards currently. AMELA monitors a similar number of the Mission’s basic needs/development activities: the number varies as activities close down, merge and new ones start up.

Table 1 below summarizes the steps that AMELA will take to expand TPM to support USAID’s oversight capability by increasing the number of BHA and development activity site visits, better site selection, and follow-up calls. This intensified program will start around December 1, 2023, and continue throughout the extension until AMELA is slated to end on March 12, 2025.

Table 1: Current TPM versus Expanded TPM

Step Current TPM Expanded TPM Notes

1a 60 BHA TPM Site Visits/Month (Max).

100 BHA TPM Site Visits/Month.

Under TPM expansion plan, proposed maximum combined BHA and Development site visits: 350/Month.

1b 200 Development TPM Site Visits/ Month (Max).

250 Development TPM Site Visits/ Month.

Current average Development site visits assigned by USAID: 90- 110/Month. Need Mission to double for new strategy.

2 Site visit selection based on COR direction and technical needs.

Site visit selection based on COR direction, technical needs, and intervention vulnerability to fraud, waste, abuse (e.g., cash, food, NFI distributions).

3 Follow-up validation calls to beneficiaries of 10% of site visits.

Follow-up validation calls to beneficiaries of 25% of site visits. Add new questions, covering fraud, waste, and abuse.

New questions would be crafted to elicit information not provided at site visit.

4 Technical questions used at site visits.

Technical questions and brief new oversight questions focused on fraud, waste, and abuse used at site visits.

Questionnaires would be carefully crafted to ensure do no harm principles are followed and stakeholder risk is mitigated.

5 N/A Monthly context monitoring regarding popular awareness of international assistance as well as associated potential fraud, waste, and abuse. Data collected from respondents in targeted geographic areas.

AMELA’s subcontractor ASCOR has maintained a strong network of field monitors since the fall of the previous government and the evacuation of the USAID Mission and most of the Mission’s implementing partners. AMELA is therefore able to continue to provide uninterrupted monitoring services to the Mission and is uniquely positioned to do so. Especially under the current circumstances, enhanced scrutiny of aid delivery is critical so that any potential interference and aid diversion by Taliban or other state actors can be detected and notified to inform programming. Particularly the use of ‘context’ monitoring using a network of local observers (with smartphones for recording of observations and data and transmission to a secure platform) will be a novel approach to detecting aid interference which based on its successes elsewhere holds much promise for our activities. This type of monitoring has proven to be successful in conflict locations such as Ethiopia and Ukraine. Extending AMELA with an enhanced TPM program as described here is therefore considered to be essential and possible.

To date, USAID has been satisfied with the quality of services provided by AMELA. The management and staff of AMELA intimately know USAID’s objectives, the operating environment, the implementing partners, and they have efficiently adapted their operations to the new and challenging working environment in Afghanistan. To compete and bring in a new contractor at this stage to continue what AMELA is doing, will result in unacceptable delays, significant additional costs, undermine successful continuation of this TPM activity and could create audit and other vulnerabilities. The requested one-year time and cost extension of the

AMELA Contract with an expanded scope provides USAID with the most efficient and effective approach given the current situation in Afghanistan.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable.

None. The requested modification of one year extension and an enhancement of the TPM is designed as a non-competitive action aimed at ensuring that the Mission continues to comply with Agency requirements for monitoring and evaluation. Furthermore, it will ensure enhanced monitoring is in place to detect and report potential aid interference by Taliban or other actors so that programming can be adjusted in response.

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

The anticipated TEC increase of $5,000,000 was based on the historical cost incurred by the implementing partner for similar work, including fees. It is consistent with costs incurred by

USAID for comparable deliverables in the new context and Market Value Determination and therefore is determined to be fair and reasonable.

8. A description of the market research conducted (see FAR Part 10) and the results or a statement of the reason(s) market research was not conducted.

None. See the response to section 6 above.

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

AMELA’s ability to continue implementation despite the closing space created by the Taliban is further justification for Other than Full and Open Competition under the EPP for Afghanistan.

The Taliban have attacked and harassed international development partners and made it extremely difficult for new partners to establish a new activity and successfully implement.

AMELA and its subcontractor ASCOR are not new partners. They now have well established operations and have proven their ability to carry out successfully effective TPM in the current difficult working environment.

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

None. See the response to section 6 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:

Future procurement of these services are now anticipated to be made under full and open competition as the country context (see section 5 above) allows.

12. Technical or Requirements Personnel Certification:

In accordance with FAR 6.303, I hereby certify that the technical statements included above which form a basis for the justification are complement and accurate in accordance with EPP titled Expedited Acquisition and Assistance Procedures for Afghanistan approved December 9, 2021 (attached).

Contracting Officer’s Representative Date

13. Resident Legal Office Clearance:

Senior Legal Advisor Date

14. Contracting Officer Certification:

In accordance with FAR 6.303, I hereby certify that the justification is accurate and complete to the best of my knowledge and belief.

Contracting Officer Date

Clearance Page:

USAID/Afghanistan, Deputy Mission Director: Date: