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JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION (J&A) TO: Administrator Samantha Power FROM: Brittany Brown, Director, U.S. Agency for International Development (USAID)/Office of T... JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION (J&A) TO: Administrator Samantha Power FROM: Brittany Brown, Director, U.S. Agency for International Development (USAID)/Office of Transition Initiatives SUBJECT: JUSTIFICATION AND APPROVAL (J&A) FOR OTHER THAN FULL AND OPEN COMPETITION FOR UNITED STATES PERSONAL SERVICES CONTRACTORS (USPSC) WHO ARE SUPPORTING THE CENTRAL AMERICA REGIONAL INITIATIVE OF THE OFFICE OF TRANSITION INITIATIVES (OTI) WITHIN THE BUREAU FOR CONFLICT PREVENTION AND STABILIZATION (CPS) 1. This document sets forth the facts and rationale justifying the use of other than full- and open-competition, in accordance with USAID Acquisition Regulation (AIDAR) 706.302-70(b)(3)(ii). This document was prepared by USAID/OTI. 2. The nature and/or description of the action being approved: This is a request to approve a Class Justification and Approval for Other than Full and Open Competition to authorize hiring of USPSCs to support Central America programming in Washington, worldwide, and in-country for a period not to exceed two years, from June 2021 to June 2023. This authorization applies to CPS/OTI USPSC staff supporting the Central America Regional Initiative either in Washington, D.C., or on permanent assignment in-country (posted) or from a remote location (if posting is not available due to COVID-19, if the post is evacuated but programming continues, if Mission slots become unavailable, or the office determines a benefit to the Government). This approval will allow the team to hire staff noncompetitively for ongoing or future programs in Central America after complying with the procedures established in Section 6 of this Justification. A critical foreign-assistance objective of this Administration is to address persistent instability and insecurity in Central America. The region is mired in deep inequality and overwhelmed by the undue influence of transnational criminal organizations on governments. Democratic backsliding in the region has stunted economic growth and development, diverting resources from health care and education, robbing citizens of hope, and spurring cyclical, uncontrolled mass migration. The worsening impacts of climate change, manifesting as prolonged periods of drought and devastating storms, coupled with the devastating economic and social effects of the COVID-19 pandemic, will worsen conditions and undermine broad U.S. domestic and international interests in the Americas unless negative trend lines in the region are reversed – especially in El Salvador, Guatemala, and Honduras. A CPS/OTI program that responds to urgent needs in El Salvador, Guatemala, and Honduras will have the added benefit of helping to address mass migration from the region. In a February 2021 Executive Order, the Biden-Harris Administration identified addressing the root causes of migration from Central America as a major foreign policy priority. The Order lays out a comprehensive approach to managing migration consistent with the values of the United States, recognizing the humanity of migrants and potential migrants and the importance of addressing the violence, instability, and lack of opportunity that compel so many people to flee their homes. USAID was identified as a key implementer of this comprehensive approach; Agency programming that addresses insecurity and instability and builds community resilience in El Salvador, Guatemala, and Honduras will also help address the root causes of migration from the region. It remains imperative for CPS/OTI to mobilize USPSCs rapidly to support this critical response. While CPS/OTI maintains full and open competition as its primary method of recruiting USPSCs, it recommends that you give it the flexibility to hire without full and open competition for Central America programs when qualified candidates are ready and available, following an internal review of its current staff and database of resumes. This will help prevent unacceptable delays in program implementation and reduce damage to U.S. foreign-assistance objectives. Similar to programs managed by CPS/OTI in Iraq, Afghanistan, and Pakistan, the foreign policy priority in Central America requires swift and rapid staffing. Personnel requirements for supporting the CPS/OTI program in Central America are extensive, specialized, and difficult to fill through traditional, competitive means due to time constraints for filling the required positions immediately. These requirements include a background working in anti-corruption, citizen security, governance, migration, familiarity of the region, and a preferred proficiency in Spanish. This approval would allow the teams to identify and post qualified candidates as soon as possible. The ability to award and extend USPSCs without full and open competition will allow CPS/OTI the flexibility it needs to be staffed at full capacity to meet the immediate and emerging needs of the Central America Regional Initiative. Candidates identified are still subject to an interview to confirm their suitability for the position and must meet minimum qualifications. Currently, noncompetitive awards are allowable for USPSCs with periods of performance not exceeding six months without an approved justification. This approved Class J&A will allow CPS/OTI to extend the noncompetitive award mechanism to a period not to exceed three years, as long as a search is first conducted among internal candidates based in Washington, D.C., and the field—including in CPS/OTI’s database of resumes—to verify that there are no others who possess the particular knowledge, skills, and qualifications, and who are also available for the timeframe of the contract. This authority may also be used to extend short-term contracts to USPSCs who were selected under a justification for other than full and open competition to fulfill crucial functions for the Central America Regional Initiative. USPSCs offered contracts under this authority will not exceed the cumulative period of three years (one-year base, with two one-year option periods). 3. Description of the supplies or services required, including an estimated value: USPSCs hired under this authority will support Central America programming in Washington, worldwide, and in-country. Field/worldwide-based USPSCs (Regional Advisor, Country Representative/Senior Country Representative and Deputy Country Representative/Senior Deputy Country Representative) and Washington, D.C./worldwide-based USPSCs (Team Leader, Deputy Team Leader, Program Manager, Program Operations Specialist, Program Assistant, and Operations Assistant) will have a range of duties and responsibilities that will need to be filled from on/around June 2021 to June 2023. [...] Responsibilities for the following field/worldwide USPSCs include: Country Representative (GS-14 equivalent): Manage a high-profile program in a dynamic, fast-paced 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; Play a lead role in helping the relevant Country Team and USG interagency partners understand the country and regional context and develop a USG assistance strategy; Based on a mastery of political analysis and USG policy, conceptualize and design program strategies and objectives in close coordination with OTI staff, USAID personnel, U.S. Embassy, and other U.S. agencies and departments, as well as national and local government officials, and local civil-society representatives. When necessary, refine strategic objectives and advocate on behalf of new programmatic approaches in-country, linked to neighboring country programs, where appropriate; Communicate and coordinate OTI’s in-country activities among OTI and its implementing partners, USAID, the U.S. Embassy, and other donor organizations; Expertly supervise, lead, build, and motivate a team comprising multiple USPSCs and a significant number of implementing partner staff, in multiple locations in the country of performance. Continuously review and design staffing plans to meet overall program objectives and recruit, train, supervise, and evaluate the performance of in-country OTI staff. Maintain staff morale in a difficult security and work environment; Monitor local and regional political developments and regularly brief OTI and partner staff on high-level analyses and their potential programmatic impact; Analyze, synthesize, and report on current political developments and security concerns, as well as other pertinent information required to achieve OTI’s program objectives; Travel in low-security areas of focus to monitor and assess political conditions, meet with potential grantees, and develop activity ideas; Provide high-level and nuanced 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 up to $250,000 with OTI COR approval, in accordance with the ADS (USAID’s Automated Directives System); Ensure the use of OTI systems and procedures to maintain effective and efficient management of funds, programming, and 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; Ensure appropriate resource allocation among OTI field offices and implementing partners; Prepare and maintain OTI program budgets for field operations; Serve as OTI’s primary liaison with USAID personnel, U.S. Embassy staff, Ambassadors, local government officials, UN organizations, indigenous and international NGOs, and other pertinent agencies and organizations. Develop and maintain collaborative relationships with them to ensure close coordination at the field level, identify the widest range of potential 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, as appropriate; Articulate program strategy to external actors and 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; Perform related duties as assigned by the supervisor to ensure the successful completion of country programs and operations. [...] The estimated value of a one-year, field-based USPSC ranges between $90,000 and $300,000 depending on location and position. 4. Statutory authority permitting other than full and open competition: Pursuant to 40 U.S.C. 113 and AIDAR 706.302-70(a)(2) in relation to impairment of foreign aid programs under the authority, “full and open competition need not be obtained when it would impair or otherwise have an adverse effect on programs conducted for the purposes of foreign aid, relief, and rehabilitation,” Section 706.302-70(b)(3)(ii) of the AIDAR notes that, “(ii) Awards for countries, regions, projects, or programs for which the Administrator of USAID 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.” 5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition that requires use of the authority cited: OTI’s mission is to support U.S. foreign policy objectives by helping local partners advance peace and democracy in countries experiencing crisis. Seizing critical windows of opportunity, OTI works on the ground to provide fast, flexible, short?term assistance targeting key political transition and stabilization needs to create and foster the political space that leads to longer-term development. OTI country programs are designed to support U.S. foreign policy objectives at critical moments in a political or post-conflict transition. To fulfill this mission, OTI requires the flexibility to respond quickly when obtaining staff, as needed, in Washington, D.C., and around the world in complex, transition environments. Positions in Washington, D.C., may include the Team Leader, Deputy Team Leader, Program Manager, Program Operations Specialist, Program Assistant, and Operations Assistant. Positions in-country and worldwide may include the Regional Advisor, Country Representative/Senior Country Representative, and Deputy Country Representative/Senior Deputy Country Representative. Without the flexibility to hire through this authority, the recruitment process may take several months, which can delay programmatic and operational activities and decision-making. Historically, we have found that the selection process may take approximately three months, plus an estimated additional six months for security and medical clearances to be completed and approved. The competitive selection process varies from one to two weeks for approval of the Scope of Work and Market Value Memo from the Office of Acquisition and Assistance (OAA), which then must be posted for at least ten business days on SAM.gov, as determined by OAA. Once the solicitation closes, it can take up to one month before the Technical Evaluation Committee (TEC) reviews applications and conducts interviews. This stage of the hiring process can take up to three months or longer in some cases. At the end of the selection process, there is also a chance that a candidate will not be selected or that the selected candidate will decline, and the process must be restarted. We have found that if the position has to be recompeted, the candidate pool usually does not change significantly. If this authority is in place, additional time and effort to solicit again will not be needed, allowing the teams to seek out potential qualified and skilled candidates that match the needs of the position and can be available immediately. Persistent instability and insecurity in Central America have a significant direct impact on U.S. national security interests. The region is mired in deep inequality and overwhelmed by the undue influence of transnational criminal organizations on governments. Democratic backsliding in the region has stunted economic growth and development, diverting resources from health care and education, robbing citizens of hope, and spurring cyclical, uncontrolled mass migration. The worsening impacts of climate change, manifesting as prolonged periods of drought and devastating storms, coupled with the devastating economic and social effects of the COVID-19 pandemic, will worsen conditions and undermine broad U.S. domestic and international interests in the Americas unless negative trend lines in the region are reversed – especially in El Salvador, Guatemala, and Honduras. While there have been some important gains in the region, including decreased homicide rates and pre-pandemic economic growth, far too many Central Americans, in the Northern Triangle in particular, experience continued high crime, corruption, gang activity, and lack of local work opportunities, prompting them to leave their countries of origin and expose themselves to dangerous and vulnerable conditions. The Executive Order on Creating a Comprehensive Regional Framework to Address the Causes of Migration, to Manage Migration Throughout North and Central America, and to Provide Safe and Orderly Processing of Asylum Seekers at the United States Border issued in February 2021 lays out a comprehensive approach to managing migration consistent with the values of the United States, recognizing the humanity of migrants and potential migrants and the importance of addressing the violence, instability, and lack of opportunity that compel so many people to flee their homes. USAID was identified as a key implementer of this comprehensive approach, as efforts to build community resilience and address instability and insecurity in El Salvador, Guatemala, and Honduras will have the added benefit of addressing the root causes of migration from the region. 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]. According to AIDAR 706.302-70(c)(3) and AIDAR 705.202(b)(1) when the authorities at 706.302-70(b)(3) are used, advance notice of proposed contract action is not required. CPS/OTI maintains full and open competition as its primary method of recruiting and intends to compete as many of these positions as soon as appropriate. Staffing requirements for which there is sufficient lead-time will be posted in accordance with standard competition procedures, for example, positions will be posted on SAM.gov, the CPS/OTI recruiting website, (otijobs.net), and other various recruiting websites in an effort to reach a greater pool of candidates. Staffing requirements for which there is insufficient time for posting will be met through limited competition when practicable. Sole-source awards will only be made under this authority in instances when time constraints do not allow full and open competition. For each noncompetitive PSC to be awarded relying on this Class J&A, the candidates identified will be subject to an interview to confirm their suitability for the position and must meet minimum qualifications. When a candidate is identified, CPS/OTI will undergo a review of its surge, “bullpen” staff, and resume database to confirm that the candidate is the most qualified candidate and available immediately. Although CPS/OTI intends to compete as many of these positions when possible, given the immediate nature of the response, and the current unknown scope of the program, CPS/OTI requests this approval to make awards without full and open competition for essential surge staffing for the Central America Regional Initiative. 7. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable: All USPSC contracts that are awarded by M/OAA follow Agency procedures, and the Contracting Officer will make a determination that the anticipated cost to the Government is fair and reasonable before each award, such as through market survey, historical costs, review of proposed cost, and Government estimate when applicable. 8. Description of the market research conducted, and the results or a statement of the reasons market research was not conducted: OTI did not conduct formal market research. However, OTI has collected internal data from various office experiences over the years hiring USPSCs to fill critical positions immediately to respond to USG foreign policy priorities. Examples include Iraq (2018-present), Afghanistan (2009), and Pakistan (2011), where immediate surge staffing to respond to complex political stabilization programming was required. Staffing for these types of programs through the years has been very difficult and requires a substantial amount of time and resources. For field positions, the average time between posting the solicitation and the official offer under standard competition procedures is 150 days. Additionally, the USAID onboarding and orientation period is four (4) weeks, for an average total of six (6) months from posting a solicitation to post deployment. For example, to address the staffing crisis for Iraq, the Administrator in 2018 approved a two-year hiring authority for OTI to mobilize USPSCs rapidly to support ongoing, critical, stabilization programming in Iraq in response to priorities set by the Office of the Vice President of the United States. As a result, the approval enabled OTI to mobilize staff quickly to support the Iraq program and was therefore able to respond quickly to USG foreign policy priorities. OTI was able to hire five (5) USPSC staff quickly to fill urgent staffing gaps to support the program both in the field, remotely, and in Washington, D.C. As a result of the approval, OTI was able to mobilize quickly and respond to a critical foreign policy priority with the appropriate, experienced staff required for such a complex program. Similarly, to respond to urgent foreign assistance needs in Central America, a top priority of this Administration, there are not enough internal candidates among CPS/OTI Washington and field staff, including in OTI’s bullpen and resume database, who possess the particular knowledge, skills, and qualifications needed for immediate deployment to Central America. Furthermore, CPS/OTI requires immediate staffing resources in Washington, D.C., worldwide, and the field to support the Central America Regional Initiative, who are available for immediate work and posting with an existing security clearance. Not having this approval in place will affect the ability of CPS/OTI to staff USPSCs quickly to start up this program, which will cause delays in developing and fielding a successful program as well as negative repercussions for activity management. 9. Other facts supporting the use of other than full and open competition: The proposed hiring flexibility is necessary to ensure that there are no gaps or disruptions in the management of implementing partners. It is crucial for the success of the program to provide consistent guidance and delegation to clear grants and activities in the field and to address instability and insecurity in the region, which also fuel migration. If we are unable to fill positions as needed, OTI/LAC will have to manage the entire startup of this critical program remotely. Program oversight of the implementing partner would be virtual, which opens the door to potential lack of oversight and management issues. Central America was one of the hardest hit regions in the world in regards to the COVID pandemic. Posts are currently accepting limited TDY travelers, causing OTI’s staffing needs to be even more urgent. If all contracts must be awarded using full and open competition, the disruption will have a severe increase in the workload of the current staff in Washington, D.C., and the field, and will ultimately have a critical impact on the achievements of the program. 10. Sources, if any, that expressed an interest, in writing, in the acquisition: As indicated previously, due to time constraints and the urgent need for qualified and experienced staff to fill positions quickly, it is not expected that there will be other expressions of interest to fill the requirement. Nevertheless, any expressions of interest that are received will be given due consideration. 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 process to waive individuals using the Justification and Approval for Other than Full and Open Competition began in 2005 with OTI’s program in Sudan. The Acting Administrator approved the first Justification for Other than Full and Open Competition for Afghanistan in 2009, and Pakistan was added to the extension of the authority in 2011. The Administrator subsequently approved a Determination and Findings and a Justification and Approval for Other than Full and Open Competition for Afghanistan and Pakistan in 2014 and again in 2016. The Administrator approved a Determination and Finding and a Justification and Approval for Other than Full and Open Competition for Iaq in 2018. CPS/OTI maintains full and open competition as its primary method of recruiting. OTI plans to compete positions when time constraints will not affect programming and suitable candidates with the necessary skills and experience may be selected competitively. 12. Technical or requirements personnel certification: In accordance with FAR 6.303-2(b), I hereby certify that the technical statements included above and that form a basis for the justification are complete and accurate. ___/s/_________________________________________ 4/6/2021 Laura Battos, LAC Deputy Team Leader Date Technical Office Representative CPS/OTI 13. Approval: Based on the authority under AIDAR 706.302-70(b)(3)(ii), as USAID Administrator, I approve this class justification for other than full and open competition for USPSCs supporting programs in Central America with CPS/OTI. _____________________________________________ __________ USAID Administrator Samantha Power Date