Inactive

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION (J&A) TO: Martina Wills, Contracting Officer, M/OAA/CPS FROM: Brittany Brown, Director, CPS/OTI SUBJECT: JUSTIFICATION AND APPROVAL ... JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION (J&A) TO: Martina Wills, Contracting Officer, M/OAA/CPS 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, GS-13 DEPUTY COUNTRY REPRESENTATIVE FOR UKRAINE. 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”), approved on March 4, 2022. 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 Deputy Country Representative (GS-13) supporting CPS/OTI/FPD/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 to serve as Deputy Country Representative, CPS/OTI/FPD/Ukraine, equivalent for $390,307, 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” approved on March 4, 2022. The role of the Deputy Country Representative 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 consistently demonstrated 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. REDACTED NAME 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 his or her respective team both in the field and in Washington, and with key stakeholders both in and outside of USAID. REDACTED NAME is highly organized and motivated, able to prioritize and complete tasks without follow-up by the supervisor, while also filling in gaps as needed to ensure the team stays responsive. The Deputy 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. They are also committed to upholding USAID/OTI’s Diversity, Equity, Inclusion, and Accessibility (DEIA) Vision and Values. Under the direct supervision of the CPS/OTI Country Representative or their designee, the Deputy Country Representative will perform the following duties: Represent OTI interests during meetings with USAID Mission personnel, U.S. Embassy staff, host-country government officials, international organizations, indigenous and international non-governmental organizations (NGOs), and international donors interested in CPS/OTI activities; Provide guidance on the identification and development of projects that meet OTI funding criteria, further OTI programmatic objectives, and complement other projects and programs implemented by other OTI offices, U.S. government agencies and donor organizations; Provide support for the design and execution of programs that follow OTI’s quick impact programming model in embassies or USAID Missions. Support to U.S. Embassies and USAID Missions will include attendance and/or facilitation of program management processes for follow-on programming, including rolling assessments, strategy review sessions, program performance reviews and management reviews; Review proposals and grant concepts and work with diverse groups, many of which have not previously had received international funding; Collaborate with the Country Representative in monitoring the performance of OTI implementing partners in the implementation of OTI-financed activities designed to achieve OTI strategic objectives; Travel to monitor and assess political conditions, implementing partner operational platforms, meet with potential grantees, host-country government and other program counterparts, and develop activity ideas; Mentor and train other OTI and implementing partner field staff; Take the lead on collecting information and drafting/editing regular reporting products, such as weekly reports, cables and digest reports; Assume higher representational responsibilities, potentially serving as Acting OTI Country Representative in his/her absence; Perform a wide range of administrative functions including budget preparation, financial management, records management, and travel assistance to help ensure programmatic success; Coordinate with the OTI Country Representative to develop an exit strategy that ensures reasonable time to transition from OTI programs to follow-on USAID or other donor programs; Communicate regularly and share program information with other USAID project managers, the US Embassy, bilateral donors, UN Organizations, International Organizations, and indigenous and international NGOs to ensure visibility and synergy of USAID/OTI activities; Support the Country Representative to ensure the use of OTI systems and procedures to maintain effective and efficient management of funds, programming, and monitoring and evaluation; Report to the OTI Country Representative and OTI/Washington on the status of: 1) grant development and implementation, 2) OTI contractor performance, 3) Foreign Service National (FSN) staff support needs and morale, 4) communication and coordination issues among OTI offices with other U.S. Government entities, 5) security concerns, 6) relations with local partners including local, state and national government representatives, and 7) other pertinent information required to achieve OTI’s program objectives; Manage and/or supervise the FSN staff, including program officers, administrative assistants and drivers alongside of the Country Representative; Supervise staff as delegated by the Country Representative (e.g. Program Managers, Program Assistants, Program Administrative Assistants, etc.). Provide orientation, training and mentoring for USAID staff supervised; assign work, explain how duties are to be performed to meet expectations, and communicate how the successful performance of those duties will be measured; evaluate staff performance; recognize good performance; communicate where performance needs to be improved; resolve complaints; and approve leave requests and timesheets as well as training, travel and program and operations requests. 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 Ukraine, Belarus, and Moldova” approved on March 4, 2022, 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: CPS/OTI/Europe, and in particular the Ukraine team, requires additional, expert support to provide oversight and management of programming and resources dedicated to Ukraine since the start of Russia’s invasion. In February 2022, in anticipation of this complex crisis, OTI awarded a new $180M, 18-month task order to Chemonics International to enable an expanded contingency response to the varied impacts of Russia’s invasion across the emergency support, social cohesion, and media/disinformation realms. In the past four months, the Ukraine Confidence Building Initiative (UCBI) III has initiated 139 distinct activities totalling $25.6 million, and is currently programming $65 million in overall funding. UCBI is now one of the largest and most intensively-paced programs in OTI history, and is expected to continue a robust trajectory as other humanitarian and development actors continue to adjust their response. However, OTI’s field staffing profile has remained largely static, even as implementing partner staff and the scale of programming has increased exponentially: for example, UCBI programmed as much funding in March 2022 as it had in the previous year. OTI requires additional field-based USPSC staff to ensure strategic coherence, accountability, and oversight for these funds and the range of complex activities programmed by UCBI. In an effort to recruit candidates in a short period of time, CPS/OTI has interviewed candidates covered under EPP and selected REDACTED NAME as a high-rated candidate to fill the position of second Ukraine Deputy Country Representative for OTI’s Ukraine program, based on the following unique qualifications: REDACTED NAME has more than 7 years of highly relevant project management experience with USAID and specifically OTI, including roles in data analytics/graphic design and as a Program Manager for first the Belarus and most recently the Ukraine program in OTI’s Field Programs Division. REDACTED NAME has over 2.5 years overseas experience in relevant field program roles, working directly with implementing partner staff on activity development, public communications, and mapping products. Notably, RE has in multiple country contexts (including Ukraine) demonstrated an ability to mentor and guide field staff, including by providing training on OTI’s programming model. As Geographic Information Officer, RE coordinated the work of OTI’s data analysis, graphic design, mapping, and outreach teams to produce high-quality communications products for field teams under tight deadlines. As a Program Manager, RE provided oversight, guidance, and clearance of grants in five different countries in eastern Europe, in highly sensitive contexts, working closely with the implementing partner to ensure compliance and responsiveness. In this capacity RE regularly briefed CPS and OTI leadership and staff, as well as other USAID and interagency counterparts, on programming and context developments. From RE work both in OTI/Washington and multiple field roles, REDACTED NAME is uniquely qualified for the Ukraine Deputy Country Representative position due to RE deep familiarity with both the Ukraine context, current OTI program, and OTI’s management model. Since April 2022, REDACTED NAME has served as Acting Deputy Country Representative for the OTI Ukraine program, demonstrating RE ability to work productively with new and experienced implementing partner staff to develop and implement high-quality, responsive activities in line with OTI strategy. RE is uniquely responsive, flexible, and task-oriented, able to quickly provide feedback, troubleshoot emerging issues, and provide coverage where needed. In RE current and previous field roles, RE has interacted extensively with and represented OTI and UCBI to host country stakeholders, other donors, and the U.S. Embassy and USAID Mission, regularly briefing on OTI’s programming approach and providing political/atmospheric analysis. RE has demonstrated outstanding team building skills through RE ability to quickly jump into acting field roles and develop constructive, trusting relationships with implementing partners and local staff. REDACTED NAME holds a Bachelor’s Degree in Cartography and Geographic Information Systems, including a certificate in Russian, Eastern European , and Central Asian Studies. RE also holds a Federal Acquisition Certification as a FAC-II level Contracting Officer’s Representative, a valid SECRET level security clearance, and is a U.S. citizen. 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 15 days, three (3) individuals applied and were interviewed. After interviews, 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 Deputy 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 periods. Estimated cost of the contract will not exceed $390,307. REDACTED NAME qualifications qualify RE for a GS-13 non-locality equivalent level and a salary will be negotiated within the market value of a GS-13 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 RE 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 not conducted for this position. However, an expression of interest was sent out encouraging internal OTI staff (regardless of hiring mechanism) and external-to-OTI candidates to apply. After 15 days, three (3) individuals applied and were interviewed. After interviews, 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 Ukraine, Belarus, and Moldova” approved on March 4, 2022, 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: An expression of interest was sent out encouraging internal OTI staff (regardless of hiring mechanism) and external-to-OTI candidates to apply. After 15 days, three (3) individuals applied and were interviewed. After interviews, REDACTED NAME was selected for the reasons describe above. . 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: USAID will remove or overcome any barriers to competition before any subsequent acquisition of this position through advanced planning as OTI anticipates there will be a continued need for the technical services provided by this role. OTI intends to solicit this position through full and open competition, however at this time the position is needed immediately. 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”, approved on March 4, 2022. 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. 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 ” approved on March 4, 2022. (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: 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. clear 6/16/2022 Ann Hopper, A/Deputy Team Lead Date APPROVAL: _____________________________________ ______________________ Martina Wills, Contracting Officer Date: CLEARANCE: ____Clear_________________________________ 6/29/2022 __________________ Sara Falk GC/A&A Date: