Justification and Approval_LOGOS_IDIQ Ceiling_Increase_final.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION (J&A)

TO: Deborah Broderick, Agency Competition Advocate, M/OAA

FROM: Artur Chirindja, Senior PMS Conflict Prevention and Stabilization, EDG Office

SUBJECT: Justification and Approval for Other than Full and Open Competition to Increase the TEC for the Indefinite Quantity Contract Number 72065621D00001 for the USAID Local Governance Strengthening (USAID LOGOS) activity.

1. This document sets forth the facts and rationale justifying an exception to fair opportunity in accordance with AIDAR 706.302-70(b)(5): 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.

This document was prepared by the Education, Democracy, and Governance Office (EDG) in USAID/Mozambique for the Indefinite Quantity (IDIQ) Contract Number 72065621D00001 for the USAID Local Governance Strengthening (USAID LOGOS) activity.

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

This is a request to increase the IDIQ 72065621D00001 TEC by $8,300,000 from $19,358,888 to $27,658,888. This TEC increase will enable the LOGOS activity to expand existing activities to five additional districts, due to the volatile security in the region there is need to maintain a flexible geographic focus and increase capacity to prevent conflicts, promote stability, service delivery and accountability across the Cabo Delgado region aiming to strengthen local government capacity to respond to the conflict.

An overall TEC increase will give the flexibility to modify the current second task order (# 72065622F00002) to include expanded activities in Cabo Delgado to address the immediate needs and enable USAID to quickly support the government to solidify the security gains they have made. This TEC increase will not create a change in the period of performance and all activities will be completed by February 21, 2026, as originally planned. No additional task orders are further envisioned.

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

The USAID LOGOS IDIQ 72065621D00001 was awarded through full and open competition on February 22, 2021, for a five-year implementation period, ending on February 21, 2026, to DAI Global LLC. The original TEC amount is $19,358,888 and the IDIQ was designed to be implemented using task orders to strengthen the effectiveness, transparency, and accountability of local government to improve service delivery in targeted geographic provinces of Nampula, Zambezia, and Cabo Delgado. In October 2022, Mozambique was selected as a priority country for the ten-year U.S. Strategy to Prevent Conflict and Promote Stability (SPCPS), and through the existing LOGOS IDIQ a task order was issued to expand critical local governance strengthening interventions in Cabo Delgado to respond to the devastation caused by terrorist attacks in the region. In 2023, to swiftly respond to security gains in the region and rebuild local government in districts recovering from the conflict, the SPCPS initiative has allocated additional resources to further strengthen local governance in these newly recovered districts to promote peace and stability.

This TEC increase of $8.3 million in additional SPCPS funding will allow the LOGOS activity to expand into new five additional districts and implement SPCPS activities throughout Cabo Delgado by:

A. Expanding efforts to strengthen local government capacity to reinstate service delivery, promote economic recovery, and foster greater resilience.

B. Empowering citizens and other stakeholders to meaningfully engage the government, aiming for greater transparency and accountability, rebuilding the social contract between citizens and the state, and improving social cohesion.

C. Consolidating gains to strengthen economic governance in the targeted local governance entities in the targeted provinces of Nampula, Zambezia, and Cabo Delgado.

This geographic refocusing on Cabo Delgado already fits under the LOGOS IDIQ contract and terms and does not constitute a change in the scope of the activity.

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

The current contractor is in the best position to implement the proposed activities without an adverse effect, unacceptable delays, or substantial additional costs to the government. AIDAR 706.302-70(a)(2) permits other than full and open competition when such competition would impact or otherwise have an adverse effect on programs conducted for the purpose of foreign aid, relief and rehabilitation.

Further, AIDAR 706.302-70(b)(5) authorizes an award for the continued provision of highly specialized services when awarded 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 requires use of the authority cited:

The proposed contract modification to increase the total estimated cost of this IDIQ contract requires the use of the foreign assistance impairment authority for three fundamental reasons:

A. The nature of the acquisition requires the immediate and accelerated provision of the same services without disruption and LOGOS IDIQ is already implementing activities in conflict prone areas in Cabo Delgado: The conflict in Cabo Delgado has destroyed basic government infrastructure, and SPCPS seeks to build up local government capacity now that stability is improved in northern districts. Given that the current LOGOS IDIQ is already present in Cabo Delgado under Task Order 2, specifically focused on building government capacity, and has been designed to adapt and quickly respond to the needs of a complex conflict environment, the LOGOS IDIQ is the best-positioned existing mechanism to advance an immediate and effective response to local government strengthening interventions and contribute to the SPCPS objectives.

B. LOGOS has well-established, strong relationships with the Government and local partners and can leverage this for quick impact: The successful engagement of local government at national, provincial, district, and municipal levels is a key factor for ongoing success. The SPCPS activities will leverage these existing partnerships already established by LOGOS and build local government capacity to provide services to communities. It takes time to develop the trust and lines of communication with the local government, so it is imperative to leverage these relationships to strengthen implementation of SPCPS, particularly at this time of opportunity to help implement the GRM Cabo Delgado Province National Reconstruction Plan (PRCD) given the improved security situation. Failure to leverage existing relationships and significant in-country wide presence will result in unacceptable delays in the U.S. Government’s ability to meet foreign assistance commitments related to SPCPS.

C. LOGOS has the appropriate staff in place, the necessary expertise, and knowledge of the context to deliver on the results: Since its startup in March 2021, LOGOS has hired and trained the required specialized conflict expertise to address program implementation needs and challenges in conflict prone areas in Cabo Delgado. The LOGOS team is well positioned to work in a conflict prone setting and has substantial knowledge and experience that positions them to respond quickly and expand implementation.

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]

The original LOGOS IDIQ contract was awarded through full and open competition. The Request for Proposals (RFP) was posted on SAM.GOV on May 11, 2020, and the procurement received and assessed 6 proposals in the competitive process.

The design of a follow-on activity to enhance local governance capacity to fight corruption, prevent conflicts, promote stability, and foster sustainable development is currently underway.

A Notice of Intent was posted on SAM.gov on July 22, 2024, prior to the proposed modification of the LOGOS IDIQ. No organization expressed interest by the deadline August 6, 2024, 06:00 pm., Mozambique time. In accordance with FAR 6.305(a), this justification will be made publicly available within 14 days after the modification of the contract is signed.

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

Adequate cost competition took place when the IDIQ was awarded. Assumptions, ground rules, and methodologies were developed to apply to all offerors to the extent that they were relevant, upon which the determination of fair and reasonable cost/price was based.

The Contracting Officer will ensure that all additional services procured under this ceiling increase will be fair and reasonable based on historical costs and review of proposed costs. The anticipated costs are regulated under labor categories established by the IDIQ and each respective Task Order. As such, the contractor is bound by the terms and conditions of the IDIQ provisions related to salary approvals, labor category ceilings, and indirect rates. This ensures that any anticipated costs for task orders will be determined 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/Mozambique did not conduct any market research for the purposes of this proposed modification to the TEC amount, because there are very few implementers present in these conflict prone areas, LOGOS has well-established, strong relationships with the Government and local partners and can leverage this for quick impact and the Mission needs to provide an immediate response to prevent further instability if desperate services are not provided to communities returning to newly stabilized districts.

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

N/A

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

No organization expressed interest in writing by the response closing date for the notice of intent to modify the LOGOS IDIQ contract.

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:

USAID has already commissioned an independent mid-term evaluation of the current LOGOS program and intends to use these results to design future programming beyond February 2026.

Rather than solicit a new potential implementer at this time, the plan is to expand existing interventions within the current award and period of performance through February 2026 and pursue a design process simultaneously to promote full and open competition for future potential local governance strengthening activities post the completion of this contract in February 2026.

12. Technical or Requirements Personnel 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 complete and accurate.

Artur Miguel Chirindja Senior PMS Conflict Prevention and Stabilization Date

13. 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.

Date

Ayla-Rebeka Brooks

Contracting Officer

14. Approved:

Deborah Broderick Agency Competition Advocate, M/OAA Date

August 7, 2024 Artur Chirindja Digitally signed by Artur Chirindja

Date: 2024.08.07 13:46:23 +02'00'

07 August 2024

AYLA-REBEKA CARSON

BROOKS (affiliate)

Digitally signed by AYLA-REBEKA CARSON BROOKS (affiliate) Date: 2024.08.07 14:26:31 +02'00'

[STAND ALONE PAGE]

Internal Agency Clearances:

1. Clearance:

Stephanie Altman Regional Legal Officer Date

STEPHANIE LAUREN

ALTMAN (affiliate)

Digitally signed by STEPHANIE LAUREN ALTMAN (affiliate) Date: 2024.08.07 17:06:15 +02'00'