Inactive

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION (J&A) TO: Jaclyn Humphrey, Acting Supervisory Contracting Officer, M/OAA/CPS/OTI FROM: Brittany Brown, Director, CPS/OTI SUBJECT: JU... JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION (J&A) TO: Jaclyn Humphrey, Acting Supervisory Contracting Officer, M/OAA/CPS/OTI FROM: Brittany Brown, 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, CONTRACT SPECIALIST GS-12 We request approval of this justification for use of other than full and open competition pursuant to the authorities under the Expedited Procedures Package for Afghanistan (EPP), approved on December 9, 2021. 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). 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 Contract Specialist (GS-12) supporting M/OAA/CPS/OTI, for one year with four (4)-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 to serve as Contract Specialist, M/OAA/CPS/OTI at the GS 12 Level, equivalent for $677,944 Contract Amount, estimated for a one (1) year with four one-year option periods contract period, as part of the Expedited Procedures Package (EPP) for Afghanistan, approved December 9, 2021. The Contract Specialist’s work requires teamwork, the exercise of discretion, judgment, and personal responsibility. As a member of a highly operational office, REDACTED NAME is willing and able to perform a wide range of administrative functions to help ensure programmatic success. REDACTED NAME has a high level of integrity and attention to detail to ensure the use of the Office of Transition Initiatives (OTI) systems and procedures to maintain effective and efficient management of funds, programming, and monitoring and evaluation. REDACTED 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. RE places a premium on the building of positive relationships with RE respective team both in the field and in Washington, D.C., and with key stakeholders both in and outside of USAID. REDACTED NAME 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 Contract specialist 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-based Management Bureau Office of Acquisition and Assistance (M/OAA), the Bureau for Conflict Prevention and Stabilization (CPS)/OTI Contracting Officer or his designee, the Contract Specialist will: Advise the program office on the acquisition and assistance instruments available for use in the implementation of development assistance activities. Assist in the identification of the most appropriate procurement instrument for specific program objective being addressed. Collaborate with technical offices in generating the requisition package to ensure compliance with agency acquisition and assistance policies, regulations and procedures; Assist in reviewing procurement documents including but not limited to scopes or work, instructions to offers, program statement, and individual acquisition plan, to ensure that performance requirements are clearly stated and contractible; Assist OAA staff with the preparation and publication of solicitation documents, ensuring that federal requirements for competition have been adequately addressed; schedule publication/dissemination of solicitation announcements; monitor receipt of offers submitted in response to solicitations; assist in the preparation of documents associated with the technical evaluation of proposals received; Upon selection of the successful offeror, assist OAA staff with conducting the research and analysis required to initiate negotiations, including but not limited to detailed analysis of cost proposals, evaluation of proposed key personnel, and assessment of the viability of proposed schedules and milestones; Collaborate with OAA staff in the preparation of the total procurement package, ensuring that all relevant documentation is properly completed, accurate, and timely; Following award of the procurement, develop schedules for oversight and administration of the award; identify reporting requirements and monitors compliance with reporting requirements; advise OAA staff on issues stemming from noncompliance with contract terms and/or deadlines; Establish close coordination with the COR/AOR on assigned actions; respond to questions from these officials conferring with the CO/AO; Draft procurement documents, including but not limited to contracts, grants and cooperative agreements, in addition to amendments or terminations; Support negotiations on behalf of the OAA principal officer, resolving issues independently to the maximum extent possible; Perform services under this scope of work at physical locations other than Washington, D.C. M/OAA headquarters, including within USAID offices, bureaus or other USG agencies for a period not to exceed six months. 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 "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 Afghanistan” approved December 9, 2021, 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 Afghan people, to specifically (i) responsibly deliver assistance to the Afghan people, (ii) identify and stand up a reconstituted Mission and (iii) employ staff, including former USAID/Afghanistan CCNs who were evacuated from Afghanistan, as defined in paragraph two of the D&F (Tab 1). 5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition that requires use of the authority cited: M/OAA/CPS/OTI team has been challenged by staff shortages since the departure of four team members in the last two months. In an effort to recruit candidates in a short period of time, OAA/CPS/OTI has interviewed candidates covered under EPP for Afghanistan and REDACTED NAME was selected as a high rated candidate to fill the position of Contract Specialist GS-12, based on the following unique qualifications: REDACTED NAME has more than 25 years of experience in different governmental and International organizations, including the United Nations (UN), United States Agency for International Development (USAID), Word Bank (WB) and Afghan Government organizations. REDACTED NAME has more than eight years of professional experience as a Contract and Assistance Specialist in USAID/Afghanistan, overseeing and administering several contracts, cooperative agreements, and Public International Organization (PIO) grants at the pre-solicitation, pre-award, and post-award stages. From working in the USAID Afghanistan mission, RE is uniquely qualified for the Contract Specialist position in the M/OAA/CPS/OTI team since RE is familiar with working in a fast-paced environment and is familiar with USAID regulations and programs. REDACTED NAME holds a Bachelor’s degree of Business Administration and was in the process to obtain a Master of Business Administration degree. RE also holds a Federal Acquisition Certification in Contracting FAC-C Level II. 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). The M/OAA/CPS/OTI team reviewed the FSN Resume Database of Afghanistan FSNs that contains 104 resumes. The team narrowed down to five (5) resumes to those that contained the most acquisition and assistance experience. Out of the five (5) individuals the M/OAA/CPS/OTI team reached out to, 1 individual was not available and had already accepted another job offer. The remaining four (4) individuals were interviewed and REDACTED NAME was selected. 7. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable: The position of the Contract Specialist for USAID/M/OAA/CPS 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. Contracting of one USPSC for approximately one year with four one year options period. Estimated cost of the contract will not exceed $677,944. REDACTED NAME qualifications qualify RE for a GS-12 locality equivalent level and a salary will be negotiated within the market value of a GS-12 giving considerations to RE 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 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: A SAM.gov notice of the proposed non-competitive process 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. The M/OAA/CPS/OTI team reviewed the FSN Resume Database that contains 104 resumes of Afghanistan FSNs. The team narrowed down to five (5) resumes to those that contained the most acquisition and assistance experience. Out of the five (5) individuals the M/OAA/CPS/OTI team reached out to, 1 individual was not available and had already accepted another job offer. The remaining four (4) individuals were interviewed and REDACTED NAME was selected. 9. Other facts supporting the use of other than full and open competition: Based on the “Expedited Procedures Package (EPP) for Afghanistan” approved December 9, 2021, 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 Afghan people, to specifically (i) responsibly deliver assistance to the Afghan people, (ii) identify and stand up a reconstituted Mission and (iii) employ staff, including former USAID/Afghanistan CCNs who were evacuated from Afghanistan, as defined in paragraph two of the D&F (Tab 1). 10. Sources, if any, that expressed an interest, in writing, in the acquisition: The M/OAA/CPS/OTI team reviewed the FSN Resume Database that contains 104 resumes of Afghanistan FSNs. The team narrowed down to five (5) resumes to those that contained the most acquisition and assistance experience. Out of the five (5) individuals the M/OAA/CPS/OTI team reached out to, 1 individual was not available and had already accepted another job offer. The remaining four (4) individuals expressed an interest in writing for the Contract Specialist position. REDACTED NAME was selected based on RE qualifications, experience and performance in the interview. 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 need for another follow-on contract will not be necessary as the Agency plans to solicit this position as full and open competition. However at this time, the position is needed immediately because the M/OAA/CPS/OTI team is severely understaffed. The team contains 6 critical vacancies. The typical procurement time to solicit for the position is 3-6 months and the team could not function without the necessary staff. 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 Afghanistan”, approved on December 9, 2021. 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 Afghanistan” approved on December 9, 2021. (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). Technical Officer: Joseph Curtin 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. cleared via email______________________ ___1/26/22__________ Technical Officer Date APPROVAL: _____________________________________ ______________________ Jaclyn A. Humphrey, Acting Supervisory Contracting Officer Date: CLEARANCE: Sara Falk_________________ , GC/A&A Date: 1-31-22