SDGAP_D&F_signed_08_05_2019.pdf

Tab 1

U.S. AGENCY FOR INTERNATIONAL DEVELOPMENT

USAID/SRI LANKA & MALDIVES

DETERMINATION AND FINDINGS (D&F)

Strengthening Democratic Governance and Accountability Project (SDGAP) in Sri Lanka (AID

O AA-I-12-00003/ AID-3 83-TO-16-00002).

1. Nature and description of the action being approved:

This is a request to approve a non-competitive one-year cost and time extension with $2,300,000 of FY 2017 and FY 2018 Economic Support Funds (ESF) funds from October 1, 2019 to September 30, 2020 for AID-OAA-I-12-00003/AID-383-TO-16-00002.

2. Citation of the statute upon which this D&F is based:

Pursuant to AIDAR 706.302-70(b)(3)(i), full and open competition need not be obtained for an award for which the Assistant Administrator responsible for the project or program makes a formal written determination, with supporting findings, that compliance with full and open competition procedures would impair foreign assistance objectives, and would be inconsistent with the fulfillment of the foreign assistance program. This exception to full and open competition may be used to extend the period of performance of an existing task order beyond the basic Indefinite Quantity Contract (IQC) contract' s stated period of performance per ADS

302.3 .4.5( d)(2).

3. Findings:

USAID's primary vehicle to support the Government of Sri Lanka' s (GSL) good governance and accountability reform agenda has been the Strengthening Democratic Governance and Accountability Project (SDGAP). SDGAP was competed as a task order under the Legislative Strengthening Technical Assistance Services IQC and awarded to Development Alternatives Inc. (DAI). The 3-year, $13,775,879 project commenced on October 1, 2016 and expires on September 30, 2019. The Deliberative Bodies IQCs were awarded pursuant to a full and open competition. The IQC ordering period expired on November 9, 2016 while the IQC period of performance expires on November 9, 2019.

SDGAP's overall goal is to support GSL's democratic governance reform efforts to improve the transparency, accountability and effectiveness of governing institutions, processes and systems.

SDGAP's key tasks are to:

• Strengthen public accountability systems;

• Improve government strategic planning and communication, policy reform, and implementation processes; and

• Increase the political participation of women and underrepresented groups in democratic governance.

The extension will include additional activities within the existing scope of work as follows::

Continue technical assistance to Parliament of Sri Lanka in the areas of establishing the Parliamentary Budget Office, strengthening research functions of the Parliamentary Secretariat, strengthening oversight functions of parliamentary committees and support policy dialog on key reform areas.

Support independent commissions such as the Right to Information Commission and Commission to Investigate Allegations of Bribery or Corruption in the implementation of their respective national action plans.

Support the Presidential Secretariat on monitoring the implementation of the National Action Plan on Open Government Partnership.

Provide targeted technical assistance to GSL ministries and institutions to increase women's political participation at National and Provincial levels.

During the first two years of programming, the GSL made important progress in implementing its democratic governance reform agenda in the areas of right to information, anti-corruption efforts, strengthening parliamentary oversight, and increasing women' s political representation at local government level.

Sri Lanka's national unity government, inaugurated in 2015, committed itself to an ambitious reform agenda. Four years later, the lack of progress on some of these reforms and the constant chum of political turmoil within the government has led to growing public discontent. The absence of technical and institutional capacity is one barrier to the progress ofreform. On the other hand, the struggles the coalition government has had in staying unified, the multiple changes of cabinet ministers and changes of ministerial portfolios, and the recent seven-week long constitutional crisis that commenced with the collapse of the unity government created significant chaos. That crisis was resolved thanks to the strength of democratic institutions, such as Parliament, the Judiciary, civil society, and oversight institutions. This chaos has hindered the current government to proceed with their commitments towards democratic governance in Sri Lanka.

Amidst these uncertainties and changes, SDGAP has continued to provide critical technical assistance and support to GSL reform efforts, to ensure that the Parliament, independent commissions and targeted ministries have the technical resources and institutional capacity required to make reform happen. As Sri Lanka is now heading towards Presidential, Parliamentary, and Provincial Council elections, it is important to reinforce these democratic institutions during this tumultuous period. Continuing work during the upcoming electoral cycle will be critical, as it could reinvigorate momentum toward national goals of accountable and inclusive government. Continuing technical and institutional assistance to maintain public confidence in the democratic process, and ensuring that elected officials are held accountable to their commitments to reform, is critical to the achievement of foreign assistance objectives.

In order to continue to support critical GSL reform efforts beyond the current project period, and to ensure that USAID seizes this window of opportunity, a one-year cost extension is necessary.

SDGAP's implementer, DAI, is the only organization with the necessary expertise, resources, and relationships to support the GSL's implementation of critical governance and accountability reforms at both the national and local levels. The current project end date of September 30, 2019 constrains the ability of the SDGAP program to fully realize its potential in helping to create transformative change in good governance and accountability in Sri Lanka. If this activity were to end in September 2019, it would deprive the U.S . Government (USG) of a key modality for advancing governance reforms and preventing democratic backsliding in an area of extreme importance for the USG writ large and achievement ofUSAID/Sri Lanka intermediate result 1.2 'Strengthening Key Democratic Government Institutions' and development objective 1 'Strengthened Democratic Governance and Social Cohesion.' Extending the SDGAP program and adding the additional within-scope activities will enable the program to continue immediate support to advance urgently needed reforms and improve the sustainability of those reforms during a period of political transition, and allow for critical support for GSL governance and accountability reform efforts. As SDGAP assistance has been exceptionally well-received, with direct impact on the quality oflegislative processes, Right to Information implementation, anti corruption efforts, empowerment of newly elected women representatives, and other areas of critical legislative importance, USAID would improve the targeted development outcomes by continuing this work with its established partner through September 2020, a timeframe that is critical to Sri Lanka democratic governance reform efforts. This time period is critical because there will be both Presidential and Parliamentary elections.

4. Determination:

SDGAP provides critical support to the GSL as it implements wide-ranging constitutional, political, economic, and governance reforms. Progress can be seen in the growing number of investigations and arrests of individuals by Commission to Investigate Allegations of Bribery or Corruption (CIABOC), increasing activity by key sectoral oversight committees in the parliament, the development of government procurement guidelines by the National Procurement Commission, and the emergence of the Right to Information Commission as a key instrument of more open and transparent government.

The interconnected nature of SDGAP's work across a broad range of government ministries, agencies, independent commissions, and civil society organizations is a key component of the SDGAP program's success. The relationships, credibility, and trust that the SDGAP team has developed with these counterparts took substantial time to develop. This represents a high degree of political capital that is essential to achieving SDGAP' s goal of more open, accountable, and effective democratic governance in Sri Lanka.

The use of other than full and open competition is justified in this case to ensure the achievement of USG objectives. USAID needs continual and consistent support at this critical moment to provide continuity of assistance until 2020, a timeframe that has been identified as critical to Sri Lanka's democratic governance reform efforts and therefore critical to achieving U.S. foreign assistance objectives and priorities, and continuing the growth of bilateral relations.

The task order extension will be awarded without competition based on the determination and findings that compliance with full and open competition procedures would impair USAID support to U.S. assistance objectives.

DETERMINATION AND FINDINGS BY THE ASIA BUlffiAU ASSISTAt~T

ADMINISTRATOR

As the authorized official, based on the findings described above, I have determined that the proposed action is justified in accordance with AIDAR 706.302-70(b)(3)(i) and that compliance with full and open competition procedures would impair U.S. Government foreign assistance objectives of more effective and accountable governance in Sri Lanka.

~~ Go~ 7 tJ 1- "r- -2.tJ /7 Date

Assistant Administrator for Asia Bureau (Acting)

CONFIRMATION OF CONSULTATION WITH THE AGENCY COMPETITION

ADVOCATE

AIDAR 706.302-70(c)(4) requires prior consultation with the Agency Competition Advocate before executing the written determination and finding. The undersigned Agency Competition Advocate certifies that consultation took place before executing the written determination and finding. The Agency Competition Advocate provides the following comments for your consideration:

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1 · ✓~- Deborah Broderick t

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Date

Agency Competition Advocate