Inactive

Tab 2 JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION (J&A) TO: Peggy Manthe, Contracting Officer, M/OAA/CPS FROM: Randy Flay, Acting Director, CPS/OTI SUBJECT: JUSTIFICATION AND A... Tab 2 JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION (J&A) TO: Peggy Manthe, Contracting Officer, M/OAA/CPS FROM: Randy Flay, Acting Director, CPS/OTI SUBJECT: JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION (J&A) FOR AWARD OF PERSONAL SERVICES CONTRACT TO REDACTED NAME, GS-15 SR. COUNTRY REPRESENTATIVE FOR UKRAINE. 1. This document sets forth the facts and rationale justifying the use of other than full and open competition. We request approval of this justification for use of other than full and open competition pursuant to the authorities under the EPP for Ukraine, Belarus, and Moldova (the “Expedited Procedures Package”), with an initial effective date of March 6, 2022 and an extension date effective March 6, 2024. This document sets forth the facts and rationale justifying the use of other than full and open competition, in accordance with FAR Part 6.303-2 and AIDAR Part 706.302-70(b)(5). This document was prepared by the USAID Office of Transition Initiatives (OTI). 2. The nature and/or description of the action being approved: This is a request to approve the non-competitive hiring of a U.S. Personal Services Contractor REDACTED NAME to serve as a Senior Country Representative (GS-15) supporting M/OAA/Bureau of Conflict Prevention and Stabilization’s Office of Transition Initiatives in Ukraine, for one (1) year with two (2) one-year option periods. 3. Description of the supplies or services required, including an estimated value: This is a request to approve the non-competitive hiring of a U.S. Personal Services Contractor (USPSC) to serve as Senior Country Representative (Sr. CR), Ukraine, equivalent REDACTED Contract Amount, estimated for one year with two (2)-one year option periods, as part of the Expedited Procedures Package (EPP) for Ukraine, Belarus, and Moldova, with an initial effective date of March 6, 2022 and an extension date effective March 6, 2024. The work of the Senior Country Representative requires teamwork, the exercise of discretion, judgment, and personal responsibility. As a member of a highly operational office, the Sr. CR for Ukraine requires an individual who is willing and able to perform a wide range of administrative functions to help ensure programmatic success. The Sr. CR for Ukraine requires an individual who has a high level of integrity and attention to detail to ensure the use of OTI systems and procedures to maintain effective and efficient management of funds, programming, and monitoring and evaluation. The Sr. CR for Ukraine requires an individual who is highly flexible and willing to work under conditions of ongoing change, and remain professional and respectful of colleagues and authority in a diverse workforce. The Sr. CR for Ukraine requires an individual who places a premium on the building of positive relationships with respective teams: in Washington, D.C., colleagues in the field, and with key stakeholders both in and outside of USAID. The Sr. CR for Ukraine requires an individual who is able to prioritize and complete tasks without follow-up by the supervisor, while also filling in gaps as needed to ensure the responsiveness of the team. The Sr. CR for Ukraine requires an individual who is a strategic thinker, articulates innovative ideas, presents solutions, and is a positive role model for colleagues both in and outside of OTI. The Sr. CR for Ukraine requires an individual who is also committed to upholding OTI’s Diversity, Equity, Inclusion, and Accessibility’s (DEIA) Vision and Values as outlined in the background. Under the direct supervision of the Washington-based CPS/OTI Regional Team Lead or their designee, the Sr. CR for Ukraine will perform the following duties: At the GS-15 Senior Country Representative level: Note: Duties and responsibilities are listed in order of importance for this position ? Manage a high-profile program in a dynamic environment and provide programmatic, operational, and strategic guidance to OTI’s implementing partners (contractors and/or grantees) while leveraging critical local staff input, and the partner’s role in strategy co- creation, to ensure that activities are contributing to OTI’s program objectives. Effectively respond to and manage the scrutiny of a large program that is a top US foreign policy and/or OTI priority; ? Based on a mastery of political analysis and US Government policy, conceptualize and design program strategies and objectives in close coordination with OTI staff in Washington and in the Field, the Embassy, Host Country Government, implementing partner staff and local civil society actors based on political and context analysis and U.S. Government policy; initiate strategy reviews as needed in line with changes in context and policy. Demonstrate through leadership on political transition, conflict and stabilization by inputting to policy as it relates to OTI programs; ? Analyze, synthesize and report on current political developments, security concerns, and other pertinent information required to achieve OTI’s program objectives; Monitor local and regional political developments and regularly brief OTI and partner staff on their potential programmatic impact; Keep abreast of new thinking and trends related to political transition, conflict and stabilization approaches and lessons learned; Identify implications of political and context analysis beyond OTI programs; ? Be responsible for managing program effectiveness; ensuring strategic accountability; working to achieve program results and achievements by utilizing OTI’s programming principles and regularly engaging with the resources available to support and measure program effectiveness; Stay abreast of innovations in the OTI model/approach and support application of innovation to own country program and elevates best practices/approaches/notable results for office and CPS bureau-wide learning; ? Articulate program strategy, as well as communicate and coordinate OTI’s in-country activities between OTI and its implementing partners, USAID, the Embassy and other donor organizations; prepare and disseminate programmatic, financial and periodic reports to the USAID Mission, OTI/Washington and other organizations as appropriate; Effectively respond to and manage scrutiny of large and/or high profile OTI and USG program; ? Serve as OTI’s primary liaison with USAID Mission personnel, U.S. Embassy staff, Host-Country Government Officials, UN Agencies, Indigenous and International Non Governmental Organizations (NGOs), and other pertinent organizations. Develop and maintain collaborative relationships to ensure close coordination at the field level, identify the widest range of potential local partners and opportunities, and achieve maximum synergy with other programs; ? Expertly build, lead, supervise, and motivate a team comprised of multiple USPSCs and a significant number of implementing partner staff in Ukraine. Continuously review and design staffing plans to meet overall program objectives as well as recruit, train, supervise, and evaluate the performance of in-country OTI staff. Maintain staff morale in a difficult security and work environment; ? Provide recommendations to the Washington-based Contracting Officer Representative (COR) and/or the Regional Team Leader on implementing partner performance, budgets, contract modifications, among other partner related issues; ? Provide USAID concurrence on all implementing partner activities, including final approval of grantees for grants under contract, in accordance with the USAID’s Automated Directives System (ADS); ? Ensure the use of OTI systems and procedures to maintain effective and efficient management of funds and programming; ? Ensure that OTI’s programs and activities are monitored and evaluated and that lessons learned are applied to ongoing or future activities; ? Prepare operational plans in collaboration with the U.S. Embassy, including logistics and property use guidelines, closeout and hand-over, security procedures, and contingency and evacuation plans; Review and concur on OTI program budgets for field operations; ? Ensure that all OTI field staff adhere to in-country security guidelines set by the U.S. Embassy Regional Security Officer and other organizations such as the United Nations or host government, as appropriate; Coordinate closely with Implementing Partner senior management to provide relevant security related information from the Embassy ensure all partner field staff are following similar protocols; ? Travel within the country/region to monitor and assess political conditions and implementing partner operational platforms, meet with potential grantees, senior host country government and other program counterparts, and develop recommendations in response to evolving dynamics; and, ? Serve on temporary details within OTI, other USAID bureaus/offices, or other U.S. Government (USG) agencies under this scope of work for a period not to exceed six (6) months. Duties performed while on detail must be directly related to the scope of work, but may not be directly related to OTI programs or activities. Contracting Officer (CO) approval is required for the temporary detail. Any extension past the six (6) months requires CO approval. 4. Statutory authority permitting other than full and open competition: Under 40 USC §113(e)(2), competition requirements shall not impair or affect the authorities of an executive branch agency with respect to "any program conducted for purposes of...transfer to foreign governments, or foreign aid, relief, or rehabilitation." USAID has implemented this provision through 48 CFR §706.302-70(b)(3)(ii), which provides an exception to competition for "[a]wards for countries, regions, projects, or programs for which the Administrator of USAID makes 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 program." Further, the Expedited Procedures Package (EPP) for Ukraine, Belarus, and Moldova, with an initial effective date of March 6, 2022 and an extension date effective March 6, 2024, provides authorization of the use of other than full and open competition to provide the flexibility that is essential to USAID’s ability to implement programming to swiftly mobilize technical, financial and other resources to provide assistance to the region, to specifically to use other than full and open competition to enter into new or modify existing awards to deliver assistance in the region responsibly and support our staff as the USG posture continues to evolve. 5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition that requires use of the authority cited: The OTI Ukraine program supports the larger objectives of the U.S. Government to support a more stable, unified, and democratic Ukraine. USAID/OTI’s Europe Team launched the Ukraine Confidence Building Initiative (UCBI) 4 program to continue OTI’s response to Russia’s invasion of Ukraine, a critical foreign policy priority for the Biden Administration. The overarching goal of UCBI 4 is to advance Ukraine’s unified, democratic, and Europe-oriented recovery from Russia’s full-scale war. The program’s strategic objectives are to: strengthen transparent, accessible recovery processes that reflect local priorities in the most war-affected regions; reinforce connections between areas temporarily occupied by Russia and the rest of Ukraine; and improve citizen engagement in their communities to contribute to resilience and shaping a better future. In close coordination with State Department and USAID representatives and other USG actors, OTI’s rapid and targeted program addresses emerging issues and empowers local partners such as local and national government offices, non-governmental organizations, civil society groups, and media outlets to leverage timely and locally driven activities that increase credibility and confidence in national and local governance. The position will be based in Kyiv, Ukraine with occasional rotations into Poland as needed/based on the security situation. The contract term for the selectee would be one (1) base year plus two (2) option years. At any time, with Embassy/Mission approval, and at the discretion of USAID/OTI, the USPSC may be reassigned/relocated to another location as directed. Offerors for the Senior Country Representative position must be willing to work from/be posted to any of the following locations: Kyiv, Ukraine; Warsaw, Poland; or Krakow, Poland. 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REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED. 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]. In accordance with AIDAR 705.202, Exceptions, the head of USAID has determined after consultation with the Administrator for Federal Procurement Policy and the Administrator of the Small Business Administration, that advance notice is not appropriate or reasonable for contract actions described in 706.302-70(b)(1) through (b)(3). An expression of interest was sent out encouraging internal OTI staff (regardless of hiring mechanism) and external-to-OTI candidates to apply. After twenty-two (22) days, two (2) individuals applied and two (2) were interviewed. After interviews, REDACTED was selected. 7. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable: The position of Senior Country Representative has been classified by USAID’s Office of Acquisition and Assistance in accordance with AIDAR Appendix D, corresponding ADS 309 sections and AAPD 04.13. Contracting of one USPSC for approximately one year with two (2) option periods. Estimated cost of the contract will not exceed REDACTED. REDACTED qualifications qualify them for a GS-15 non-locality equivalent level. A salary will be negotiated within the market value of a GS-15, giving considerations to salary history, work experience, and education accomplishments. The anticipated cost to the government is expected to be fair and reasonable. The Contracting Officer’s determination has been reflected by their signature on this memorandum. 8. Description of the market research conducted, and the results or a statement of the reasons market research was not conducted: Market research was conducted for this position. An expression of interest was sent out encouraging internal OTI staff (regardless of hiring mechanism) and external-to-OTI candidates to apply. After twenty-two (22) days, REDACTED individuals applied. 9. Other facts supporting the use of other than full and open competition: The Expedited Procedures Package (EPP) for Ukraine, Belarus, and Moldova with an initial effective date of March 6, 2022 and an extension date effective March 6, 2024, provides authorization of the use of other than full and open competition to enter into new or modify existing awards to deliver assistance in the region responsibly and support staff as the USG posture continues to evolve. Specifically, this includes issuance and modification of awards to: (i) implement USAID’s humanitarian and development efforts in the region and (ii) provide support to the OUs undertaking this programming, including those contracts used to employ staff and support internal operations. 10. Sources, if any, that expressed an interest, in writing, in the acquisition: REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED. 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: OTI will continue to plan for future position needs and vacancies if possible to facilitate competitive selections of USPSCs. However, the dynamic nature of OTI’s programs in response to the crisis in Ukraine may require procurements to be non-competitive to meet critical staffing needs. RECOMMENDATION It is recommended that you approve this justification for use of other than full and open competition pursuant to the Expedited Procedures Package for Ukraine, Belarus, and Moldova, with an initial effective date of March 6, 2022 and an extension date effective March 6, 2024. Your approval of this J&A constitutes the justification for other than full and open competition as required by Tab 1 (D&F) for the Authorization of Less than Full and Open Competitive Procedures in the Modification or Award of Contracts) of the EPP. Ecl. Tab 1- EPP D&F for the Authorization of Less than Full and Open Competitive Procedures in the Modification or Award of Contracts. CERTIFICATION: The requirement for technical certification at FAR 6.303-1(c) is fulfilled through: a. The signature of the Technical Officer below certifying the specific supporting data for this J&A; and b. The D&F Authorization for the Use of Other than Full-and-Open Competition in the Award or Modification of Contracts under the Expedited Procedures Package for Ukraine, Belarus, and Moldova, effective as of March 6, 2024. (Attached in Tab 1). The Contracting Officer is the Approving Official based on the authority given under the EPP. However, a separate Contracting Officer certification is not required per AIDAR 706.302-70(c)(1). I hereby certify that the supporting data which form a basis for the justification are complete and accurate to the best of my knowledge and belief. Technical Officer Clearance: REDACTED _____________________ REDACTED REDACTED REDACTED REDACTED Date General Counsel Clearance: REDACTED ______________________ REDACTED REDACTED REDACTED Date Contracting Officer Approval: REDACTED _____________________ REDACTED REDACTED REDACTED Date