Inactive

Tab 2 JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION (J&A) TO: Peggy Manthe, Contracting Officer, M/OAA/CPS FROM: Randolph Flay, Acting Director, CPS/OTI SUBJECT: JUSTIFICATION AN... Tab 2 JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION (J&A) TO: Peggy Manthe, Contracting Officer, M/OAA/CPS FROM: Randolph 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 GS-14 COUNTRY REPRESENTATIVE FOR MOLDOVA. 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)(3)(ii). This document was prepared by the USAID Office of Transition Initiatives (OTI). 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 to serve as a Country Representative Moldova (GS-14) supporting M/OAA/CPS/OTI, for one (1) year with two (2) one-year option periods. 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 to serve as Country Representative (CR), Moldova, equivalent for REDACTED Contract Amount, estimated for a one (1) year with two (2) one-year option periods contract period, 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 Country Representative requires teamwork, the exercise of discretion, judgment, and personal responsibility. As a member of an operational office, the CR for Moldova is willing and able to perform a wide range of administrative functions to help ensure programmatic success. The CR for Moldova 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 CR for Moldova 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 CR for Moldova places a premium on the building of positive relationships with his or her respective team both in the field and in Washington and with key stakeholders both in and outside of USAID. The CR for Moldova 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 CR for Moldova is a strategic thinker, articulates innovative ideas, present solutions, and is a positive role model for colleagues both in and outside of OTI. Under the direct supervision of the Washington-based Conflict Prevention and Stabilization (CPS)/OTI Europe Regional Team Leader or their designee, the CR for Moldova will perform the following duties: ? 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) ensuring that activities are contributing to OTI’s program objectives and are within the partner’s scope; ? Conceptualize and design program strategies and objectives in close coordination with OTI staff, U.S. Embassy, Host Country government, and local civil society officials based on political analysis and U.S. Government policy; ? Design and review staffing plans to meet overall program objectives as well as recruit, train, supervise, and evaluate the performance of in-country OTI staff; ? Monitor local and regional political developments and regularly brief OTI and partner staff on their potential programmatic impact; ? Analyze and report on current political developments, security concerns, and other pertinent information required to achieve OTI’s program objectives; ? Provide recommendations to the Washington-based Contracting Officer Representative (COR) and/or the Regional Team Leader on implementing partner performance, the appropriateness of the partner’s scope to OTI’s country objectives, partner’s budgets, and modifications thereto; ? 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, programming, as well as monitoring and evaluation; ? Ensure that OTI’s programs and activities are monitored and evaluated and that lessons learned are applied to ongoing or future activities; ? Reviews and concurs on OTI program budgets for field operations; ? Serve as OTI’s primary liaison with USAID Mission personnel, U.S. Embassy staff, Host-Country Government Officials, UN Organizations, 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; ? 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; ? Ensure that all OTI and partner 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; and, ? Articulate program strategy, as well as communicate and coordinate OTI’s in-country activities between OTI and its implementing partners, USAID, and other donor organizations; prepare and disseminate programmatic, financial and periodic reports to the USAID Mission, OTI/Washington and other organizations as appropriate. 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 "awards 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, based on 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, 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. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition that requires use of the authority cited: USAID/OTI’s Europe Team launched the Moldova Resilience Initiative program to ensure that Moldova’s reform efforts withstand the destabilizing effects of Russia’s war in Ukraine. In line with broader U.S. Government objectives in Moldova, the program aims to strengthen support for a democratic, European Moldova. REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDAC . REDACTED REDACTED REDACTED REDACTED REDACTED REDACTEDRE. REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDAC TED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED.REDACTED REDACTED REDAC. REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDAC REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDAC REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDAC REDACTED. REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDAC REDACTED. 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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 REDACTED REDACTED REDACTED REDACTED REDACTED 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). REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTEDREDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable: The position of 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) one year options period. Estimated cost of the contract will not exceed REDACTED. REDACTED qualifications qualify REDACTED for a GS-14 non-locality equivalent level and a salary will be negotiated within the market value of a GS-14 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. 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.REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED Other facts supporting the use of other than full and open competition: Based on 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. 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 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 Moldova 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: The signature of the Technical Officer below certifying the specific supporting data for this J&A; and 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 with an initial effective date of March 6, 2022 and an extension date effective 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, WFP Team Advisor Date General Counsel Clearance: REDACTED REDACTED REDACTED, GC/A&A Date Contracting Officer Approval: REDACTED REDACTED REDACTED, Acting Supervisory Contracting Officer Date: