KPSP_Justification_and_Approval_FINAL.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION (J&A)

TO: Jean Horton, Agency Competition Advocate

From: Kevin Gash, Democracy Specialist, USAID/Kyrgyz Republic

SUBJECT: JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION (J&A)

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(a)(2). This document was prepared by Ann Hopper, Democracy and Governance Officer, USAID/CAR.

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

This is a request to approve a contract modification scope expansion and ceiling increase for AID-176-C-10-00003 by $3,890,000 from $3,249,799 to $7,139,799. The funding source for this proposed expansion is provided by Great Britain’s Department for International Development (DiFD). The period of performance will be extended by two years, from September 30, 2012 through September 29, 2015. Under this action, Development Alternatives International (DAI) will provide increased and enhanced support to the Parliament of the Kyrgyz Republic under the Kyrgyzstan Parliamentary Strengthening Program (KPSP).

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

Following the sudden ouster of the government of President Bakiyev amid violent protests on April 8, 2010, a Provisional Government took control and called for Parliamentary elections in October 2010, and a June national referendum approved a new constitution that radically shifted the balance of power from a Presidential to a Parliamentary system, which is unprecedented in Central Asia and the former Soviet region. The opportunity to engage this new Parliament at its formation was a critical step in implementing the U.S. policy interest in developing stable and professional democratic systems in Kyrgyzstan. Thus, in recognition of the need to respond to this opportunity quickly to restore both credibility and capacity to the Parliament immediately following the elections in October 2010, a sole-source contract was awarded to Development Alternatives, Inc. on September 20, 2010. The award took the form of a two-phase hybrid fixed-price contract, with an initial six-month phase consisting of a formal assessment of Parliament and initial-relationship building to gauge the capacities and political will for a full Parliamentary strengthening program. Following the successful completion of Phase I and USAID’s acceptance of DAI’s technical application for Phase II activities, implementation began on the full technical assistance program.

KPSP provides flexible, targeted assistance to Kyrgyzstan’s Parliament, the Jogorku Kenesh, in five component areas: legislative processes, committee strengthening, budget oversight, press and communications, and Parliamentary management and leadership. In the past two years, KPSP has initiated and assisted in organizing and conducting (with and through parliamentary partners) more than 54 different events, including 33 trainings, 10 policy seminars, nine public forums, and two video conferences covering a variety of topics crucial for parliamentary development and capacity building. These events have been attended in aggregate by 204 MPs and overall by 2,651 persons (including 1,238 women), reaching parliamentary committee staff and MP consultants who are most immediately involved in legislative processes.

Additionally, under its Press and Communications component, KPSP has made possible a bi-weekly Parliamentary brief in Kyrgyz, Russian, and English, the maintenance and distribution of which is being gradually transitioned to the JK Press Service.

The proposed expansion will build on the project’s successful work on legislative drafting and committee strengthening, by increasing the number of committees and MPs working with the project, as well as pilot new activities improving Parliament’s access to English-language resources and its ability to obtain quality public policy research and analysis to inform their legislative activities. Additionally, this expansion will allow for the continuation for a successful Youth Parliament activity, which has measurably engaged a new generation in civic and political life and increased understanding of the role of Parliament in a democratic system.

The anticipated results of this program expansion include:

Improved quality of legislative drafting Legislative process is transparent and fully secure Committees carry out improved oversight within their jurisdiction Committees develop strategies and work plans to guide their activities Committees motivate MPs to specialize in policy sectors and participate actively in public policy discussions and debate Committees have ability to procure outside expert analysis on a range of public policy issues in their jurisdiction and are better-informed on the policy process.

Parliament is more accountable and transparent to the public Human Resources Department becomes more effective and competent A new generation is civically and politically engaged and understands the role of

Parliament

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

The USAID Acquisition Regulation (AIDAR) Subpart 706.302-70(a)(2) permits other than full and open competition when this would impair or otherwise have an adverse effect on programs conducted for the purposes of foreign aid, relief, and rehabilitation. AIDAR 706.302-70(b)(5) stipulates that this authority may be used for “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.

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

Under the impetus of USAID Forward’s Implementation and Procurement Reform (IPR) Objective 5, USAID/Kyrgyz Republic has actively sought to “strengthen collaboration and partnership with bilateral donors, multilateral, and international organizations to increase synergies and avoid duplication.” As a result of this effort, DfID signed a Memorandum of Understanding (MOU) with USAID/Kyrgyz Republic on March 13, 2012, for the shared objective of promoting effective and sustainable democratic institutions, processes, and practices. Under the terms of this MOU, DfID will contribute a total of £4,000,000 to three USAID democracy and governance programs in the areas of elections and political processes, civil society, and legislative strengthening. This gift is unprecedented in USAID’s history in the Kyrgyz Republic and indicates a substantial buy-in to USAID processes, partners, and potential for development impact.

KPSP was identified in the MOU as the mechanism through which to attain the legislative strengthening objective. Since October 2010, USAID in partnership with DAI has provided flexible, targeted assistance to the Jogorku Kenesh’s legislative processes, committee strengthening, budget oversight, press and communications, and Parliamentary management and leadership. Throughout these two years, KPSP staff has developed close working relationships, formalized in a Memorandum of Understanding, with the key governmental and parliamentary partners that continue to support this program. DfID explicitly chose to buy into KPSP not only because of the time, effort, and resources already invested into this program, but because this specific, existing mechanism is the best suited to achieve the United Kingdom’s own democratic governance and stability goals in the Kyrgyz Republic.

DFID’s business case for partnering with USAID through KPSP focused on the cost savings and value for money that would be achieved by expanding this highly successful existing program.

The expansion of KPSP will increase efficiency, cut through red tape, and take advantage of economies of scale in comparison to undertaking a new, fully competitive procurement.

Additionally, this gift will require USAID/Kyrgyz Republic staff to work closely with DfID counterparts both in Bishkek and London to harmonize reporting requirements, ensure prompt dispersal of funds, and guide the KPSP to ensure that our shared goals are being achieved, fostering new levels of interaction and cooperation with a key bilateral donor

Our counterparts at DfID have seen KPSP’s successes first-hand and made their support for legislative strengthening contingent upon the continuation of the DAI-implemented KPSP and this implementer’s ability to leverage its extraordinarily strong relationships with partner MPs and committees, as well as its high-level buy in from parliamentary leadership. By expanding this program, USAID will demonstrate its ability to effectively pool resources, find synergies, and collaborate with fellow donors to achieve high-impact, lasting results for Central Asia’s only democratic state. Conversely, failing to do so risks negatively impacting our relationships with DfID, other donors, and local organizations.

6. Description of the efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by Federal Acquisition Regulation (FAR) 5.202 [AIDAR 705.002].

Notice of this action will be publicized in accordance with FAR 5.202 [AIDAR 705.002].

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

The Contracting Officer will make a determination that the proposed costs are fair and reasonable prior to executing the modification.

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

USAID staff in the Kyrgyz Republic interact with the Jogorku Kenesh on a near-daily basis, and are fully aware of and work closely with other donors and programs that support this institution.

There is currently no firm working in Kyrgyzstan that possesses the strong relationship with the Jogorku Kenesh as well as the bullpen of specialized technical expertise, both requirements for successfully meeting the assistance objectives of USAID and DfID. In internal DfID documents