Inactive

Tab 1 JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION (J&A) TO: Cristina Sylvia, Contracting Officer FROM: Brittany Brown, Director of Office of Transition Initiatives, CPS/OTI SUB... Tab 1 JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION (J&A) TO: Cristina Sylvia, Contracting Officer FROM: Brittany Brown, Director of Office of Transition Initiatives, CPS/OTI SUBJECT: JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION (J&A) 1. This document sets forth the facts and rationale justifying the use of other than full and open competition, in accordance with FAR Part 6.302-2 and AIDAR Part 706.302-70(b)(1). 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 a non-competitive U.S. Personal Services Contract to XXXXXXX to serve as a Country Representative at a GS-14 equivalent for $130,529 estimated for a short-term contract, not to exceed six months. Under this action, Ms. SarXXXXXXX ess will provide personal services as an OTI Country Representative in Nigeria. The current OTI Country Representative in Nigeria has been selected for another critical, field OTI USPSC position that begins June 6, 2021. Under normal circumstances, OTI would solicit for a new USPSC Country Representative; however, several factors dictate against this. The OTI/Nigeria program is scheduled to close in September 2021, and the current Country Representative is leaving xx position in June 2021. The time it would take to recruit a replacement would take up to eight months. In order to continue effective programming leading towards close out in this foreign policy priority country, it is imperative to have continuity in the Country Representative role. XXXXXXXXXXs has considerable experience relevant to the Country Representative role. XXXXXXXXXXs currently serves as a Countering Violent Extremism (CVE) Specialist with the U.S. Agency for International Development’s Office of Transition Initiatives (USAID/OTI), where she leads interagency coordination on countering violent extremism and stabilization and advises on programming. At present, XXXXXXXXXXs is supporting the West Africa Team with providing strategic guidance on CVE and stabilization programming to the region's various programs. XXXXXXXXXXsas an active SECRET security clearance. XXXXXXXXXXsbrings more than a decade of experience working on assistance efforts- both in the field and in DC- to support stabilization and political transitions, including the Syria crisis with USAID's Middle East Bureau and USAID/OTI's Afghanistan Stabilization Initiative based in Kabul and Kandahar. She has served as a liaison and advised the military at multiple levels on interagency CVE and stabilization efforts, as well as designed trainings on non-kinetic approaches to stabilization. Furthermore, M. XXXXXXXXXXsis available for an immediate posting to Nigeria to serve as OTI Country Representative for the remainder of the program. Her previous experience, coupled with her current support to the West Africa Team, lead to XXXXXXXXXXsto being best positioned for this role. Staffing OTI programs in this region has always been a challenge due to the complexity of programs and the difficult operating environments, and staffing during the COVID-19 pandemic has made this issue more acute. Even before COVID, over the course of the OTI Nigeria program, OTI competitively solicited for the Country Representative Nigeria position twice. During those instances, there were only 2-3 competitive candidates with no alternate offerors selected given the small pool of qualified candidates. Additionally, the solicitation required an extension as there were not enough offerors after the initial, standard 2 week posting time frame. XXXXXXis available and qualified for the Country Representative Nigeria position, and will be able to begin services under this contract immediately. 3. Description of the supplies or services required, including an estimated value: The work of the Country Representative requires teamwork, the exercise of discretion, judgment, and personal responsibility. As a member of an operational office, the incumbent is willing and able to perform a wide range of administrative functions to help ensure programmatic success. The incumbent 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 incumbent is highly flexible and willing to work under conditions of ongoing change and remains professional and respectful of colleagues and authority in a diverse workforce. She or he places a premium on the building of positive relationships with his or her respective team both in the field and in Washington, D.C. and with key stakeholders both in and outside of USAID. The incumbent 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 Country Representative is a strategic thinker, articulates innovative ideas, presents solutions, and is a positive role model for colleagues both in and outside of OTI. Under the direct supervision of the Washington, DC-based DCHA/OTI West and Central Africa Regional Team Leader or his/her designee, the Country Representative – Nigeria 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 USG policy. Communicate and coordinate OTI’s in-country activities between OTI and its implementing partners, USAID, the U.S. Embassy and other donor organizations; 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, DC-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; Prepare and maintain 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, DC and other organizations as appropriate. The estimated value for the position is $130,529. 4. Statutory authority permitting other than full and open competition: Title 40 U.S. Code 113 and AIDAR 706.302-70(a)(2) permits other than full and open competition when it would “impair or otherwise have an adverse effect on programs conducted for the purposes of foreign aid, relief, and rehabilitation.” AIDAR 706.302-70(b) sets out the circumstances under which this authority may be used. Here, OTI relies on the exception outlined in AIDAR 706.302-70(b)(1): “An award under section 636(a)(3) of the Foreign Assistance Act of 1961, as amended [FAA], involving a personal services contractor serving abroad.” 5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition that requires use of the authority cited: The nature of the acquisition requires use of the authority found in AIDAR 706.302-70(b)(1) because this action involves “an award under section 636(a)(3) of the [FAA] involving a personal services contractor serving abroad.”[1] More specifically, this is a request to approve a non-competitive PSC award to XXXXXXto serve as the OTI Country Representative in Nigeria. Requiring full and open competition under these circumstances would impair and/or have an adverse effect on USAID programming. Nigeria is one of the United States most strategic allies in Sub-Saharan Africa, where the US Government supports Nigerian efforts to strengthen democratic institutions, promote good governance, counter corruption, and improve security. Despite a successful democratic transition of power in 2015, Nigeria’s structural problems increasingly manifest in violent conflicts across the country, including the rise of violent extremist organizations, criminal gangs, and intercommunal violence. Over the past year, Nigeria witnessed deteriorating security and brazen attacks against civilians in the Middle Belt region. USAID/OTI programming helps communities affected by violence participate in the recovery of their towns and villages and work towards a more inclusive and secure future. Reducing violence and mediating conflict are crucial in identifying durable solutions for Nigeria’s intractable security problems. The OTI/Nigeria program is scheduled to close in September 2021, and the current Country Representative is leaving xxx position in June 2021. The time it would take to recruit a replacement would take up to eight months. In order to continue effective programming, leading towards close out in this foreign policy priority country, it is imperative to have continuity in the Country Representative role. XXXXXX brings more than a decade of experience working on assistance efforts to support stabilization and political transitions, including the Syria crisis with USAID's Middle East Bureau, and USAID/OTI's Afghanistan Stabilization Initiative based in Kabul and Kandahar. 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Given the exceptional circumstances, conducting full and open competition for the USPSC position would impair foreign assistance objectives, and would be inconsistent with the fulfillment of the foreign assistance program. The OTI Nigeria program addresses key foreign policy priorities by addressing the drivers of instability in a region of strategic importance to the US. Because the position has not been solicited, it would take up to eight (8) months for OTI to hire and onboard a new Country Representative, therefore, this J&A is necessary to ensure continuity in programming, including efficiently closing the program down to the benefit of the US Government. 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 705.2]. OTI has reviewed and sought requests from as many potential offerors in its current Bullpen roster and database as possible. There are currently 32 active staff members in the Bullpen, but of those with the required qualifications and experience, none are available to fill the Country Representative position in Nigeria. The West Africa Team has been attempting to fill the position with Bullpen coverage without success. On February 9th, a member of USAID/OTI’s Bullpen declined the opportunity. On February 25th, another member of USAID/OTI’s Bullpen declined the opportunity. Because this particular position in OTI has not yet been solicited, it would take up to eight (8) months to hire someone selected in the position, and the office has immediate needs that must be fulfilled during that time period. Given the close-out timeline associated with this program, the office does not have the time to openly compete for this position to ensure coverage during the critical close out period. XXXXXXX vast experience supporting the West Africa Team, as well as xxx wealth of experience supporting stabilization programming at USAID, will enable xxx to step in with minimal direction to fill this six-month role. Since the Nigeria program will end September 30, 2021, OTI will not re-compete this USPSC position. 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). With your approval of this action, a Notice of Intent to Award a Sole Source award without competition for a period of six month to the contractor will be published in SAM.gov, in accordance with FAR 5.201 and FAR 5.203. 7. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable: The position for the Country Representative, Nigeria for USAID/OTI 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. XXXXXXX qualifications and experience qualify xxx for a GS-14 equivalent level and a salary will be negotiated within the market value of a GS-14 giving consideration to xxx salary history, work experience, and education accomplishments. XXXXXXX estimated budget includes a GS-14, Step 10 base salary for 180 days. This contract will not exceed $130,529 estimated Total Estimated Cost for the short-term contract not to exceed six months. The Contracting Officer’s determination has been reflected by her 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: Per AIDAR 706.302-70(c) (Limitations): “(1) Proposals must be requested from as many potential offerors as is practicable under the circumstances. Additionally, as required in (48 CFR) FAR 5.201, the contracting officer must publicize the intended award when using the exceptions above…” Currently, there are no other internal candidates among OTI Washington and field staff, including in OTI’s Bullpen and resume database, who possess the particular knowledge, skills, and qualifications of XXXXXXX and who are also available for immediate work and posting with an existing security clearance. Previous attempts to identify long-term support for this role were not successful. As noted in question 6, on February 9th a member of USAID/OTI’s Bullpen declined the opportunity. In addition, on February 25th, another member of USAID/OTI’s Bullpen declined the opportunity. Because this particular position in OTI has not yet been solicited, it would take up to eight (8) months to hire someone selected in the position, and the office has immediate needs that must be fulfilled during that time period. XXXXXXX has the necessary familiarity with West Africa and OTI programs to be an asset from the moment she begins this contract. Without xxx support, programs of critical importance to USG foreign policy would not be effectively managed and monitored. A SAM.gov notice of the proposed non-competitive extension will be publicized in accordance with FAR 5.201 and FAR 5.203, announcing that OTI plans to award the above-mentioned Personal Services Contract. 9. Other facts supporting the use of other than full and open competition: A delay in filling the Country Representative, Nigeria position would hinder OTI’s ability to ensure its urgent/emergent transition and stabilization activities can move forward. In order to continue effective programming leading towards close out in this foreign policy priority country it is imperative to have continuity in the Country Representative role. It takes 8 (eight) months to recruit and hire a new candidate through open competition, i.e. for the Scope of Work (SOW) to be advertised, a candidate to be selected, an offer to be negotiated, and for a candidate to obtain the necessary clearances. Considering these demonstrated difficulties of hiring qualified candidates through a full and open competition process in an expeditious manner, it is imperative to waive competition in this case to ensure coverage for the Country Representative position in Nigeria during the critical close-out period. 10. Sources, if any, that expressed an interest, in writing, in the acquisition: No other sources expressed an interest in this activity. 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 agency intends to compete future requirements through full and open competition and potentially set aside for small businesses. 12. Technical or requirements personnel certification: ____/s/ John Hanson__ _ 4/2/221________________ Technical Office Representative Date 13. Contracting Officer Certifications: I hereby certify that the justification is accurate and complete to the best of my knowledge and belief. ______________________________ ________________________ Jaclyn Humphry Date Contracting Officer General Counsel Clearance Clear_______________ ____4/2/2021_____ Meti Zegeye, GC/A&A Date [1] Section 636(a)(3) states, in relevant part: “Appropriations for the purposes of or pursuant to this Act (except for Part II), allocations to any agency of the United States Government, from other appropriations, for functions directly related to the purposes of this Act, and funds made available for other purposes to the agency primarily responsible for administering part I, shall be available for: … (3) contracting with individuals for personal service abroad: Provided, That such individuals shall not be regarded as employees of the United States Government for the purpose of any law administered by the Civil Service Commission.”