Signed LSL 8.17.21.pdf

Limited-Sources Justification

Date: August 16, 2021

To: Michael Ashkouri, Esq. M/OAA Deputy Director for Operations

VIA: Ousay Wahaj, Contracting Officer, M/OAA

From: Sylvia Cabus, COR, DDI/GenDev

SUBJECT: Limited-Sources Justification for a cost extension of $4,999,926 for Gender Integration Technical Assistance II Activity under GSA Schedule Task Order No.

7200AA19M00013

1. Identification of the Agency, and the contracting activity, and specific identification of the document as a “Limited-Sources Justification.”

This document sets forth the facts and rationale justifying the use of Limited-Sources for a Task Order under Federal Supply Schedule, in accordance with FAR 8.405-6(a)(1)(C): In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. This document was prepared by the USAID Gender Equality and Women’s Empowerment Hub (GenDev) in the Bureau for Development, Democracy, and Innovation (DDI).

Contracting Agency: U.S. Agency for International Development Contracting Activity: USAID/M/OAA Project Title: Gender Integration Technical Assistance II (GITA II) Contractor: Banyan Global Task Order No. 7200AA19M00013 (T&M Labor Hour) under GSA Contract Number

47QRAA18D00CM

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

The purpose of this request is to approve a modification to Task Order Number 7200AA19M00013 to increase the Task Order Estimated Cost (TEC) from $7,295,807 by $4,999,926 to $12,295,733, per FAR 8.405-6(a)(1)(C): “in the interest of economy and efficiency” and specifically to accommodate the anticipated increase in LOE and other costs due to increased demand, described below.

The current period of performance is from September 17, 2019, to September 16, 2024, with three option years. All three options years have been exercised. In addition, six modifications have been executed, to accommodate transfers from missions and for administrative changes. GITA II - GSA Schedule was awarded to Banyan Global on September 17, 2019, following fair opportunity procedures. Under this award, Banyan Global provides on-demand, rapid-response, short-term technical assistance (STTA) in gender integration to USAID Missions and Bureaus across sectors. The award is designed primarily to

GITA II Activity under Task Order No. 7200AA19M00013 design and undertake gender analyses for the Country Development Cooperation Strategy (CDCS) process. GITA II also provides dedicated technical assistance to the Women’s Economic Empowerment Fund Community of Practice Work Order. GITA II activity is the flagship mechanism to implement gender equality priorities as required by the White House, Congress, and the USAID internal policies.

The ceiling increase is requested in anticipation of a higher level of demand, based on an estimated projected increase from the current number of work orders as follows:

• Increased demand for gender analyses and other forms of technical assistance associated with the Gender Equity and Equality Action (GEEA) Fund, focused on women’s economic empowerment; compliance with the Women's Entrepreneurship and Economic Empowerment Act; and direction from the White House Gender Policy Council.

• Increased demand for gender analyses and other forms of technical assistance for COVID-related programming; and

• Anticipated increases in travel costs as COVID-restricted travel restrictions are lifted, as gender analyses and other types of tasks involve fielding international consultants and in-country travel.

A ceiling increase allows the contractor to provide on-going services, in addition to increased demand for additional services within the Scope of Work, without interruption. The White House Executive Order on Gender Equality, the WEEE Act, ADS 205, and the Agency’s gender equality policy, all require gender integration. OUs are required to carry out gender analyses at activity, project, and strategy level and to incorporate those findings in strategic planning and program design. Given the increase in the number and frequency of gender analyses, a delay in a gender analysis would incur a delay in the overall design process. This is especially true for large-scale gender analyses for CDCSs. Given the CDCS timeframe, a delay in carrying out a gender analysis would have an adverse impact on the CDCS process for the mission. A delay in the gender analysis will incur additional delays in the development of a mission’s

CDCS.

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

Since GITA II was awarded in September 2019, demand for its services has rapidly outpaced the initial estimate. From September 2019 to March 2021, GITA has either completed or is currently undertaking more than 20 deliverables, including 6 CDCS-level gender analyses, 10 COVID-specific gender analyses, and 8 gender-based violence technical products. As of August 2021, three additional work orders for USAID missions are in process for the GenDev office, in addition to requests for deliverables supporting the gender-based violence portfolio, the learning agenda for the women’s economic empowerment portfolio, and templates for gender integration in project design. The contractor has consistently produced high quality work within the requested timeframes.

In order to carry out a CDCS-level gender analysis, the contractor fields a team to conduct data collection and analysis in-country. The typical team consists of one international consultant working with two to three local gender experts. Travel costs, including airfare, hotel, local transport, per diem, and other associated costs, have absorbed the allotted amount in the budget at a faster rate than expected. Each GITA II work order prior to the pandemic (USAID/Ghana CDCS Gender Analysis, USAID/Kenya CDCS Gender Analysis, USAID/Serbia CDCS Gender Analysis (at 50% - traveled curtailed mid-course due to COVID-19) operated within its travel budget; however, despite limited travel in 2020 due to COVID-19, the task order travel ceiling remaining balance is still insufficient to operate through 2024 based on projected GenDev Hub demand. With COVID restrictions easing, travel may be possible for international or local consultants, and consequently travel costs are expected to increase correspondingly. The ceiling for OLMs was also insufficient to operate through 2024, based on work completed thus far. Unlike travel, which was curtailed during COVID-19, work orders under GITA II continued to expense against the ceiling for OLMs.

Agency-Level - GenDev funded: GITA II supports USAID/GenDev to provide strategic leadership, training, and technical assistance on gender equality and women’s empowerment for USAID’s global strategic planning and programming efforts. It also shapes institutional gender equality and women’s empowerment policies, standards, and learning through the white papers and periodic briefs, templates, and learning sessions with USAID and its partners. GenDev also provides GITA II with funds to support the development of new work orders with USAID missions, bureaus, and other operating units.

Illustrative activities include:

• USAID agency technical support on gender-based violence to USAID/GenDev

• USAID agency COVID-specific activity-level gender analyses technical brief and lessons learned.

• USAID agency gender analysis report and sector templates

• USAID agency discrete periodic briefs and white papers on gender equality

• USAID support to mission gender analyses under special circumstances (for example

COVID-specific gender analyses), which may entail expenditures in the travel budget

Mission-Level – Mission-funded: USAID Missions or bureaus may buy into GITA II to obtain technical support to address gender equality and women’s empowerment for any of the following illustrative activities include:

• Gender-based violence or gender equality themed analysis roadmap

• Medium-sized or large-sized Country Development Cooperation Strategy (CDCS) gender analyses

• Regional Development Cooperation Strategy (RDCS) gender analyses

• Mission gender institutional assessment - technical assistance and tool development

• Mission performance management plan technical support on gender integration

• Country Development Cooperation Strategy (CDCS) or project development document action planning technical assistance.

• Project development document gender analysis

Activity Level – Mission Funded: USAID Missions, bureaus, operating units and GenDev may buy into GITA II to obtain activity-specific gender analyses and technical assistance for any of the following tasks:

• Monitoring, evaluation, and learning plans for project-level activities (developing gender-sensitive indicators, developing scopes of work, engendering results frameworks, etc.)

• USAID activity-level gender analysis and strategy & monitoring, evaluation and learning toolkit

• USAID activity-level gender analysis and strategy, & gender integration in monitoring, evaluation and learning plans

• USAID activity-level gender analysis for request for proposals/applications

Women’s Economic Empowerment Community of Practice (CoP) Work Order: Banyan Global is supporting a vibrant CoP for Women’s Economic Empowerment (formerly the Women’s Global Development and Prosperity Initiative) that is member-driven, encourages peer-to-peer exchange, and focuses on the development of knowledge management products and the dissemination of evidence in support of the Fund Learning Agenda. The CoP is supporting Incentive Fund implementers with learning platforms and various methods of support to strengthen evidence-based activity implementation including in-person and virtual learning events, learning needs assessments, learning products, a virtual calendar of community events, monthly communications, a virtual resource library, and highly technical landscaping studies. In addition, the CoP is supporting the compilation of women’s economic empowerment indicators, and an activity-level gender analysis tool. The demands on the CoP are expected to increase considerably under the new GEAA Fund. The total increase in cost by this modification is estimated at $4,999,926, which will increase the total cost of the task order from $7,295,807 to $12,295,733.

4. The authority and supporting rationale (see FAR 8.405-6(a)(1)(C)) and, if applicable, a demonstration of the proposed contractor’s unique qualifications to provide the required supply or service.

FAR 8.405-6(a)(1)(C): In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. As described above, the need to increase the Task Order ceiling stems from the anticipated increased demand due to external factors which did not exist at the time of original award and a follow-on to the Task Order is necessary in the interest of “economy and efficiency” for various reasons that are described below.

Continuity of Service without Disruption or Delays:

As the current scope of work remains unchanged, TEC increase will allow the award to continue providing the essential technical assistance services that are required by the various operating units without disruption. Banyan Global has demonstrated the ability to field a TDY team within a month of the transfer of funding into the field support database, as per the contract’s scope of work. Undertaking a new solicitation to extend GITA II’s work would take time that would jeopardize the continuity of on-going activities. Doing so would create a delay of one year for USAID operating units to have access to on-demand technical support necessary to comply with USAID’s policy requirements.

Provision of high-quality products and excellent customer service:

GITA II is a follow-on to GITA I, which Banyan Global implemented from September 2017 to September 2019. Under GITA I, Banyan Global delivered 11 technical assistance products, including gender analyses for 8 USAID missions, in addition to three white papers and studies. In addition, Banyan Global is currently implementing the Women’s Economic Empowerment and Equality Technical Assistance (WE3TA) Task Order which provides technical assistance to USAID operating units to better analyze, design, implement, and monitor interventions addressing women’s economic empowerment and equality constraints and opportunities. Banyan Global has consistently produced high-quality products and excellent customer service, as evidenced in its CPARS record.

Avoid Additional Cost and Time Procuring a separate mechanism would involve significant additional cost to USAID beyond those outlined in the cost estimate. Such an approach would fail to capitalize on previous and current USAID investments and would require an additional 6 months at a minimum to generate the results envisioned under this partnership.

5. A determination by the ordering activity Contracting Officer that the order represents the best value consistent with 8.404(d)

The Contracting Officer has determined that the order represents the best value to the government. The initial competition for this award demonstrated, through the evaluation of technical capabilities, costs, and past performance, that the current contractor offered the best value to the government. The proposed increase is for activities that were originally contemplated during that competition and thus do not affect this determination. The Contracting Officer will ensure that all services procured under the proposed TEC increase will be fair and reasonable based on historical costs and review of proposed costs. The anticipated costs are regulated under the labor categories established for the GSA contract and GITA II

Task Order. As such, the Contractor is bound by the terms and conditions of the GSA provisions related to salary approvals, labor category ceilings, etc. This ensures that the cost to the Government of permitting these buy-ins to occur will be fair and reasonable.

6. A description of the market research conducted among schedule holders and the results or a statement of the reason market research was not conducted.

Under the GSA Schedule for professional services, a very limited number of small and women-owned businesses were available. Of the those available, only three qualified when GITA II was originally competed in 2019, and one declined to apply. Since then, no other businesses were added to the GSA schedule that met the Statement of Work’s qualifications.

7. Any other facts supporting the justification.

The high level of demand for the GITA I and II mechanisms—and the scale of the services sought— show that USAID missions and other operating units need this type of on-demand technical support and assistance. The time sensitive nature of the scopes of work is a key element in this task order, as the contractor must be able to deploy within two to four weeks of approval of the request, and to produce the deliverable within four to six weeks of the beginning of the technical assistance period. Banyan Global’s technical and operational expertise to respond quickly and adapt to USAID needs in this area, and USAID’s need to comply with the Gender Equality and Women’s Empowerment Policy, indicate that pursuing other than fair opportunity to continue this mechanism is warranted.

8. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made.

The Agency intends to compete future requirements through full and open competition and potentially set aside for small businesses. Category Management will be given due consideration, to contribute to Agency Priority Goals in Best in Class.

9. The ordering activity Contracting Officer’s certification that the justification is accurate and complete to the best of the Contracting Officer’s knowledge and belief:

I hereby certify that the justification is accurate and complete to the best of my knowledge and belief.

/S________ August 11, 2021 Ousay Wahaj Date Contracting Officer, M/OAA

10. Evidence that any supporting data that is the responsibility of technical or requirements personnel (e.g., verifying the Government’s minimum needs or requirements or other rationale for limited sources) and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel.

In accordance with FAR 8.405-6(a), I hereby certify that the technical statements included above, and which form a basis for the justification are complete and accurate.

/S________ August 11, 2021 Sylvia Cabus Date COR, DDI/GenDev

11. For justifications under 8.405-6 (a)(1), a written determination by the approving official identifying the circumstance that applies.

Approved: __X____ Disapproved: ____

Michael Ashkouri, Esq. Date Activity Competition Advocate

Michael Ashkouri

Digitally signed by Michael Ashkouri Date: 2021.08.16 19:38:12 -04'00'