SDGAP_J&A_signed_08_05_2019.pdf

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JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION (J&A)

TO: Gloria D. Steele, Acting Assistant Administrator for Asia Bureau

FROM: Angelina Hermon, Task Order Contracting Officer Representative (TOCOR), Strengthening Democratic Governance and Accountability Project, USAID/Sri Lanka and Maldives

DATE: July 16, 2019

SUBJECT: Justification and Approval for other than Full and Open Competition (J&A) under AIDAR 706.302-70(b)(3)(i) for the Strengthening Democratic Governance and Accountability Project (SDGAP), Task Order No. AID-383-TO-16-00002, Development Alternatives Inc. (DAI)

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(b)(3)(i).This request meets the requirement: "an award 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 document was prepared by the TOCOR responsible for SDGAP from the Office of Governance and Vulnerable Populations (GVP), USAID/Sri Lanka and Maldives.

2. The nature and description of the action being approved: This is a request to approve a modification of Task Order (TO) No. AID-383-TO-16-00002, implemented by DAI. The proposed modification will:

a. Add $2,300,000 to increase the TO ceiling from $13 ,775,879 to $16,075 ,879

b. Extend the TO Period Of Performance (POP) by 12 months, from September 30, 2019 to September 29, 2020

The Legislative Strengthening Technical Assistance Services Indefinite Quantity Contract (IQC) AID-OAA-I-12-00003 ordering period ended on November 9, 2016, and the IQC period of performance (POP) expires on November 9, 2019. The proposed extension would increase the TO POP to four years, which exceeds the IQC POP limitations.

IQC POP: November 9, 2011 -November 9, 2019 Current TO: September 28, 2016 to September 28, 2019 Proposed TO Extension: 12 months from September 29, 2019 to September 29, 2020

3. Description of the supplies or services required, including an estimated value: The Strengthening Democratic Governance and Accountability Project (SDGAP) supports democratic governance and accountability reforms in Sri Lanka through the strengthening of country systems and processes in the areas of transparency and public accountability, financial management, and policy reform and implementation.

The project objectives are to:

• Increase transparency and accountability of the Government of Sri Lanka (GSL);

• Improve its effectiveness and efficiency in the delivery of public services;

• Bolster its capability to communicate with the public;

• Strengthen GSL ability to incorporate public participation in policymaking; and

• Reduce opportunities for, and incidences of, corruption in public sector institutions.

This is a cost plus fixed fee, completion TO. During the extension period, SDGAP will continue to carry out additional activities under the following tasks and within the current scope of work as follows :

Task One: Strengthening Sri Lanka' s Public Accountability Systems SDGAP will provide additional activities to support the strengthening of Parliament, and independent commissions such as Commission to Investigate Allegations of Bribery or Corruption (CIABOC) and the Right to Information Commission (RTIC) through additional capacity development activities.

Task Two: Improving Strategic Planning and Communication, Policy Reform and Implementation

SDGAP will continue to support the Presidential Secretariat through the Open Government Partnership initiative and implementation of the National Action Plan, provide assistance to the Parliament on establishing the Parliament Budget Office, and other prioritized policy areas.

Task Three: Increasing Political Participation of Women and Underrepresented Groups in Democratic Governance

SDGAP will continue to support the Women Parliamentarians Caucus, Parliamentary Sectoral Oversight Committee on Women and Gender, the Ministry of Women's Affairs, and the Ministry of Local Government and Provincial Councils with additional activities to advance women' s political participation at local, provincial and national levels.

The current scope of work will not be revised or expanded as the additional activities are within the current scope of work. In developing the cost estimate for the extension period the COR used the existing approved proposal budget and monthly vouchers as the basis of cost calculation for this proposed extension, valued at $2.3 million.

4. Statutory authority permitting other than full and open competition: AIDAR 706.302- 70( a)(2) permits other than full and open competition when such competition "would impair or otherwise have an adverse effect on programs conducted for the purpose of foreign aid, relief and rehabilitation." Further, AID AR 706.302-70(b )(3(i) authorizes the Assistant Administrator responsible for the project or program to make a formal written Determination and Findings (D&F), that "compliance with full and open competition procedures would impair foreign assistance objectives, and would be inconsistent with the fulfillment of the foreign assistance." FAR 16.505, exceptions to the fair opportunity process, is not applicable to extend the task order noncompetitively, since the IQC has already expired.

5. A demonstration that the proposed contractor's unique qualifications or the nature of the acquisition that requires use of the authority cited: SDGAP is USAID's primary source of assistance supporting the GSL' s implementation of critical democracy, governance and accountability reforms at both the national and local levels, a key element of the Indo Pacific Strategy (IPS), during this period of political transition and uncertainty. Without continued support for Sri Lanka's transition to democracy, it is possible that progress made to date by the GSL will reverse or slow down thereby jeopardizing SDGAP' s successes under this project. The constitutional crisis in the fall of 2018 and the horrific Easter Sunday bombings underscore the fragile state of democratic reforms in Sri Lanka. The current project end date of September 28, 2019 constrains the ability of the project to ensure the sustainability of its work in democracy, good governance and accountability reforms. If this activity ended in September 2019, it would deprive the USG of a key modality for advancing governance reforms and preventing democratic backsliding in an area of critical importance for achievement of key US foreign policy goals. Extending the SDGAP task order by one year and increasing the Total Estimated Cost by $2.3 million will enable the program to advance USG foreign policy objectives in Sri Lanka by continuing to support urgently needed democratic reforms and improve the sustainability of those reforms during this period of political transition. Furthermore, SDGAP is a key component of the IPS in Sri Lanka, supporting democratic checks on abuse of power by strengthening executive oversight by the legislature and independent commissions. The U.S. government' s IPS is focused on building open and free systems of government in countries such as Sri Lanka that uphold the rule of law, engage in good governance, transparency and accountability and promote prosperity. A disruption in SDGAP would threaten progress already made in advancing these objectives in Sri Lanka. In order to continue to support critical GSL reform efforts beyond the current project close out date and to ensure that SDGAP' s credibility and window of opportunity in supporting and working with GSL is fully utilized, a one-year cost extension is necessary.

The contractor's proven ability to achieve results implementing SDGAP in a challenging context makes it well suited to continuing and expanding critical support to Sri Lanka democratic governance reform efforts through extension of the Task Order. Building trust within government institutions, parliament, and independent commissions, and hiring staff with sufficient expertise has taken considerable time, and SDGAP assistance has been exceptionally well-received, with direct impact on the quality of legislative processes, Right to Information implementation, anti-corruption efforts, empowerment of newly elected women representatives, and other areas of critical legislative importance. After the constitutional crisis (October-December 2018) ended, the Prime Minister thanked the U. S.

Ambassador specifically for the work USAID has done to support the Parliament and requested for continued assistance to strengthen Parliament oversight functions. In addition, the Speaker of Parliament repeatedly praised USAID assistance and requested that it continue until the establishment of the next Parliament (August 2020). The contractor has recruited and trained a competent, politically-savvy team, and built pivotal links with the GSL, independent commissions, civil society organizations, and parliamentarians. These relationships cannot be developed by other potential implementers within a reasonable time frame. The contractor possesses extensive technical expertise and has attuned their support to the laws, reforms, and political dynamics that make Sri Lanka unique. Given the short window within which to cement existing reforms and further emerging ones before both Presidential (before December 8, 2019) and Parliamentary elections (before March 2020) over the course of the next year, the need to counter debt-trap diplomacy, and to be responsive to these important government stakeholders, it is imperative that this project be extended. The contractor has performed well especially when considering the significant programmatic challenges of the constitutional crises and the recent Easter Bombings which disrupted the ability for stakeholders to maintain consistent engagement in the SDGAP program.

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) 5.2: Research was conducted to determine if other sources were available for solicitation. The Legislative Strengthening Technical Assistance Services IQC award has expired and no IQC offering similar services of comparable complexity was available under which to solicit this requirement. Under AIDAR 706.302-70(c)(3) advance notice of this proposed contract action is not required. As required by FAR 6.305 and ADS 302.3.4.5(h)(2) the approved J&A will be posted to FBO.gov.

7. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable: The Contracting Officer has reviewed and approved the Independent Government Cost Estimate for this modification and has determined the estimated cost to be fair and reasonable. The Contracting Officer will conduct required cost analysis to determine that the proposed costs will be fair and reasonable and in the best interest of the USG. Prior to signing the award modification, a realigned budget with costs for the extension period will be reviewed, analyzed, and approved by the Contracting Officer.

8. Description of the market research conducted, and the results or a statement of the reasons market research was not conducted: DAI was selected for the SDGAP TO through a fair opportunity competition among holders of the Legislative Strengthening Technical Assistance Services IQC. Market research was conducted for this proposed extension considering both local and international organizations. While other sources were identified and discussed it was determined that the Mission and contractor have developed extensive knowledge of the specific needs on the ground and an understanding of the existing Scope of Work of the SDGAP TO. The proposed modification is an efficient expansion to the original TO, expands the current work and is within the existing scope of work. The CO has determined that, given the related nature of the new activities proposed in this modification, the same determination would be made. Additionally, USAID/Sri Lanka has made substantial financial and time investments in developing the necessary relationships and processes to effectively build the capacity of stakeholders to implement critical democratic governance and accountability reform areas. It would be unacceptably difficult and exceptionally time-consuming for a new contractor to obtain the required relationships and relevant contextual understanding to provide this critical assistance in such a short period of time.

9. Other facts supporting the use of other than full and open competition: An award to another contractor through competitive means would cause a gap in continued level of support, and would require developing new relationships with the government during an election period. This would impair USAID's support of U.S. foreign assistance objectives and priorities, and could negatively impact bilateral relations. If this activity were to end in September 2019, it would deprive the U.S. government of a key modality for advancing governance reforms and preventing democratic backsliding in Sri Lanka which is of extreme importance for the U.S. foreign policy interests. Extending the SDGAP task order by one year will enable the program to continue immediate support to advance urgently needed reforms and allow for possible expansion of support for GSL governance and accountability reform efforts. The Office of Governance and Vulnerable Populations will use the extension period to independently design a new governance program catering to the evolving political context, which will be competed.

10. Sources, if any, that expressed an interest, in writing, in the acquisition: Expressions of interest were neither solicited nor received for this extension. As per AIDAR 706.302- ?0(b )(3) advance notice of this proposed contract action is not required.

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: The original award was procured using fair opportunity procedures under the Legislative Strengthening Technical Assistance Services IQC. USAID/Washington M/OAA is currently in the process of procuring a new IDIQ for global democracy and governance services through a full and open competition process (Active Communities Effective States - ACES). The Office of Governance and Vulnerable Populations intends to conduct a review of the progress and status of GSL democracy and governance reform efforts this summer and make determinations as to potential areas of new or continued support for efforts beyond September 2020. Depending upon the availability of the ACES IDIQ, GVP anticipates making a decision on whether to use the ACES IDIQ, or to follow a full and open competition process to solicit future governance program related requirements, by the end of September 2019.

12. Technical personnel certification: In accordance with FAR 6.303-1 ( c ), I hereby. certify,tbat the technical statements included above and whicn form a basis for the justification are complete and accurate.

~ 3 / 7-5 / :,.o 1 "f Angelina Hennon Date SDGAP Contracting Officer's Representative, USAID/Sri Lanka

Contractmg, Office:r Certification I hereby certify that the justification is accurate and complete to the best of my knowledge and belief;

f~WP~ Robert Parnell Contracting Officer, USAID/Sri Lanka

Ho "T'"""l'I .2015 Date

Approval: , Justification and Approval for other than Full and Open Competition (J&A) under AIDAR · _ 706.3 02~ 70(b )(3)(i) for the SD GAP program in Sri Lanka.

~M----, 11-~r:~11 ploria D. Steele Acting Assistant Administrator for Asia Bureau

Date

CLEARANCE PAGE FOR ACTION MEMO FOR Approval of a one-year cost and time extension ofUSAID's Strengthening Democratic Governance and Accountability Project (SDGAP) in Sri Lanka

Drafter: USAID/Sri Lanka and Maldives-TOCOR: Angelina Hermon: (+94112498025);

After Hours Phone No. +94777258453

Approved: USAID/Washington: Acting Assistant Administrator for Asia: Gloria D. Steel

Bureau Le1el Clearences Clearance Status .!!!1!:

Acting Director, Office of Governance and Vulnerable Populati'?ns, USAID/ Sri Lanka and Maldives: Alena Tansey Cleared 7/15/2019

Acting Program Office Director, USAID/ Sri Lanka and Maldives: Darlene Foote Cleared 7/16/2019

Contracting Officer, USAID/Sri Lanka Cleared 7/16/2(>19 and Maldives: Robert Parnell

Resident Legal Advisor, USAID/Sri Lanka . Cleared 7/19/2019 and Maldives: Mark Driver

Regional Controller, USAID/Sri Lanka Cleared 7113/2019 and Maldives: Aaron Bishop

Mission Director, USAID/Sri Lanka ~ 7-23--f'j and Maldives: Reed Aeschliman

Agency Competition Advocate: Qh 1/21/(I q Deborah Broderick

Acting f!Irector, O,fflce of Acquisition ~ 7 po /(f and Assistance: Mark Walther · · ·

Senior Deputy Assistance Administrator, (\j /J-~ . / 1( l (( ~ .

_Bureau for Management: Angelique ·cru~V½ }

Assistant Administrator, Management: · -·, / ~ ' / .JI. - i / l I ( l FrederlckNutt AA,,/{ ;(/M~