Inactive

Tab 2 JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION (J&A) TO: Ousamane Faye, Contracting Officer, M/OAA/CPS FROM: Brittany Brown, Director, CPS/OTI SUBJECT: JUSTIFICATION AND APP... Tab 2 JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION (J&A) TO: Ousamane Faye, 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-14 COUNTRY REPRESENTATIVE FOR MOLDOVA. 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 6, 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 Country Representative (GS-14) supporting CPS/OTI/FPD/Moldova, 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, CPS/OTI/FPD/Moldova, equivalent for $599,771, 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 6, 2022. The work of the Country Representative requires teamwork, the exercise of discretion, judgment, and personal responsibility. As a member of a highly operational office, REDACTED is willing and able to perform a wide range of administrative functions to help ensure programmatic success. REDACTED 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. 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. REDACTED places a premium on the building of positive relationships with REDACTED’s respective team in Washington, D.C., colleagues in the field, and with key stakeholders both in and outside of USAID. REDACTED 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. REDACTED 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’s (DEIA) Vision and Values as outlined in the background. Under the direct supervision of the Washington-based CPS/OTI Regional Team Leader for Moldova or their designee, the Country Representative will perform the following duties: Manage a high-profile program in a dynamic environment and provide strategic, programmatic, and operational guidance to OTI’s implementing partners (contractors and/or grantees) while leveraging critical local staff input, and the partner’s role in strategy co-creation, to ensure that activities are contributing to OTI’s program objectives; Conceptualize and design program strategies and objectives in close coordination with OTI staff in Washington and in the Field, the Embassy, Host Country Government, implementing partner staff and local civil society actors based on political and context analysis and U.S. Government policy; Initiate strategy reviews as needed in line with changes in context and policy; Analyze, synthesize and report on current political developments, security concerns, and other pertinent information required to achieve OTI’s program objectives; Monitor local and regional political developments and regularly brief OTI and partner staff on their potential programmatic impact; Responsible for managing program effectiveness; ensuring strategic accountability; setting realistic intended program results and program achievements by utilizing OTI’s programming principles and processes and regularly engaging with the resources available to support and measure program effectiveness; Articulate program strategy, as well as communicate and coordinate OTI’s in-country activities between OTI and its implementing partners, USAID, the Embassy and other donor organizations; prepare and disseminate programmatic, financial and periodic reports to the USAID Mission, OTI/Washington and other organizations as appropriate; 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 stakeholder 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; Build, lead, supervise, and motivate a team composed of USPSCs and a significant number of implementing partner staff in Ecuador. In close coordination with the Implementing Partner, continuously review and design staffing plans to meet overall program objectives; Recruit, train, supervise, and evaluate the performance of in-country OTI staff. Maintain staff morale in a difficult security and work environment; Provide recommendations to the Washington-based Contracting Officer Representative (COR) and/or the Regional Team Leader on implementing partner performance, budgets, contract modifications, among other partner related issues; 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 and programming; Ensure that OTI’s programs and activities are monitored and evaluated and that lessons learned are applied to ongoing or future activities; 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; Review and concur on OTI program budgets for field operations; Ensure that all OTI 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; Coordinate closely with Implementing Partner senior management to provide relevant security related information from the Embassy; Travel within the country/region to monitor and assess political conditions, and implementing partner operational platforms, meet with potential grantees, senior host-country government and other program counterparts, and develop recommendations to respond to evolving dynamics; and, Serve on temporary details within OTI, other USAID bureaus/offices, or other U.S. Government (USG) agencies under this scope of work for a period not to exceed six (6) months. Duties performed while on detail must be directly related to the scope of work. Contracting Officer (CO) approval is required for the temporary detail. Any extension past the six (6) months requires CO approval. 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 6, 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. 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, requires additional, expert support to provide oversight and management of programming and resources dedicated to Moldova. Since Russia invaded Ukraine in late February 2022, U.S. foreign policy has dramatically shifted its focus to Eastern Europe. As Russian military aggression continues and escalates, adjacent states have taken on high numbers of Ukrainian refugees and stability in the region is threatened. Over 500,000 refugees have traveled to or through Moldova, a small country located southwest of Ukraine. The war has also resulted in a significant economic crisis in Moldova, with inflation reaching 34 percent this year. While Moldovans welcomed refugees, the impact of the war in Ukraine continues to potentially destabilize Moldova and undermine its reform process and European integration. USAID/OTI launched the Moldova Regional Initiative (MRI) in April 2022. Implemented through the USAID/OTI EXPLORE Europe Task Order, MRI’s goal is to ensure that Moldova’s reform efforts withstand the destabilizing effects of Russia’s war in Ukraine and the associated crisis. The OTI program is an important tool in the USG’s effort to fight Russia’s aggression in the region. As a short term program, MRI did not have permanent OTI staff but instead relied on OTI surge support staff. In fall of 2022 OTI has determined to extend its engagement through a longer term program that needs to be swiftly staffed with permanent staff in order to meet the demands and expectations of the current environment and continue to advance USG goals in the region. In an effort to recruit candidates in a short period of time, CPS/OTI has interviewed candidates covered under EPP and selected REDACTED as a high-rated candidate to fill the position of Moldova Country Representative for OTI’s Moldova program, based on the following unique qualifications: REDACTED has more than 10 years of highly relevant field experience with USAID and specifically OTI, including roles as a Program Manager, Deputy Country Representative and Country Representative and Senior Transition Advisor for a wide array of country programs. REDACTED has over 15 years of overseas experience in relevant field program roles, working directly with implementing partner staff on activity development, political analysis, and strategy conceptualization. Notably, RE has in multiple country contexts (including Moldova and Ukraine) demonstrated an ability to mentor and guide field staff. As a Country Representative in Ukraine, RE developed, oversaw, and managed the OTI program valued at over $22 million, ensuring the use of OTI systems and procedures. Ben also developed and implemented activities to demonstrate reform and activate civil society through community engagement and culture. 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 in multiple field roles, REDACTED is uniquely qualified for the Moldova Country Representative position due to RE deep familiarity with the Moldova context, current OTI program and OTI’s management model and relationships developed at the Mission and Embassy. REDACTED has been serving as the Acting Country Representative for the OTI Moldova 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 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 holds a Master’s Degree in International Development from the University of Pittsburgh. RE holds a valid SECRET level security clearance and is a U.S. citizen. 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, ten (10) individuals applied and seven (7) were interviewed. After interviews, REDACTED was selected. 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 periods. Estimated cost of the contract will not exceed $599,771. REDACTED’s qualifications qualify RE 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 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. 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, ten (10) individuals applied and seven (7) were interviewed. After interviews, REDACTED was selected. 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. 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, ten (10) individuals applied and seven (7) were interviewed. After interviews, REDACTED was selected for the reasons described above. 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 6, 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: 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 ” 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 1/6/2023 Madalina Cristoloveanu, Team Lead Date APPROVAL: ___clear______________________________ __1/17/23_______________ Ousmane Faye, Contracting Officer Date: CLEARANCE: _______Clear___________________________ ____1/9/2023___________ Andrew Victor GC/A&A Date: