20200424_draft J and A Memo_CO contract extension_HR a.pdf

To: Ken Seifert, Contracting Officer, USAID/Vietnam

From: Bruce Gelband, Director, Office of Acquisition and Assistance

Date: April 23, 2020

Subject: Justification and Approval for other than full and open competition for a one-year extension to the contract 720440S1900001 with USPSC Suzanne Johnson (May 03, 2020 – May 02, 2021)

1. This document sets forth the facts and rationale justifying the new personal services contract, in accordance with Section 636(a)(3) of the Foreign Assistance Act of 1961, as amended and 48 CFR chapter 7, AIDAR 706.3.2:

This document was prepared by Bruce Gelband, USAID/Vietnam Office of Acquisition and Assistance (OAA), in support of the U.S. Personal Services Contract (USPSC) contract extension for the continuing services of Ms. Suzanne Johnson as an offshore Contracting Officer for duration May 03, 2020 – May 02, 2021.

2. The nature and/or description of the action being approved:

This is a request for a non-competed one-year extension to a one-year PSC contract, 72044019S00001, with Ms. Suzanne Johnson, Contracting Officer, in the Office of Acquisition and Assistance.

The solicitation to recruit Ms. Suzanne Johnson, RFP: 72044019R00003, issued November 02, 2018, included a provision for extension: “PERIOD OF PERFORMANCE: one (1) year with one (1) year option period. Extensions will depend on the need for continuation of such services, availability of funds, satisfactory performance, and the needs of the Office of Acquisition and Assistance, USAID/Vietnam.”.

Ms. Suzanne Johnson ‘s original contract states, the “period of service shall start May 06, 2020 for a period of one year” in the “PERIOD OF PERFORMANCE” and “The incumbent will perform the range of duties for a period of one year and possible extension to another one-year period” in the item “B. Article I. G. TIME REQUIRED TO PERFORM FULL RANGEOF DUTIES”. This language was also included in the initial solicitation for services.

Having considered the office needs for services continuity of Contracting Officer position to support the Mission portfolio totality during transition time from RDMA and before the second USDH coming to post later of the year, a one-year contract extension has been approved by the Mission Director.

On April 23, 2020, USAID/Vietnam was approved by Human Capital and Talent Management (HCTM) in Washington DC to extend the existing USPSC’s contract for the

Contracting Officer position for an additional one-year period of performance, to May 02, 2021.

Description of the supplies or services required, including an estimated value:

Estimated Value:

The total estimated cost (TEC) of the subject contract for the one-year performance period, from o/a May 2019 to o/a May 2020 is $215,180. The requested new one-year contract will increase the TEC by $195,300 to a new total of $410,480.

In addition to the immediacy of the position, there is cost savings associated with extending the contract. The mission will save approximately $30,000 in moving/shipping costs, staff time required for recruitment and on-boarding, as well training and other associated costs required to bring a new hire to full performance of duties.

Basic Function of the position:

The primary purpose of this position is to advise and lead in strategic and procurement planning and provide guidance and instructions to Mission personnel on Federal and USAID regulations, policies and procedures. The CO establishes procurement plans and strategies, conducts mid-cycle reviews, and keeps senior mission management informed on all A&A matters, new policies, U.S. legislation, Executive Orders, Federal Regulations and how these may affect USAID A&A instruments. The CO will also lead and/or perform a variety of acquisition and assistance duties including writing grants, cooperative agreements, contracts, and other procurement instruments and preparing amendments in support of the efforts of the Vietnam Mission. The CO reviews and approves requisitions in the Global Acquisition and Assistance System (GLAAS);

reviews and approves statements of work (SOW) and program descriptions (PD); drafts requests for proposals, applications or quotes; performs cost and price analyses; analyzes proposals, applications or quotes received; drafts contracts and contract modifications;

drafts grants and cooperative agreements; recommends revisions to various contract clauses or grant provisions; conducts negotiations and writes memoranda of negotiation;

drafts source selection documents; and prepares other required documentation. The CO approves all A&A mechanisms within delegated authority, obligating the U.S.

Government. The CO reviews and drafts approval documents related to award administration. The CO maintains award files and records up to date, reviews/approves Contractor Performance Assessment Reports (CPARs), and reviews/approves award closeout documentation. The CO provides guidance to the Mission related to award modifications. S/he provides guidance to the Mission technical staff on the use of Agency Secure Image and Storage Tracking (ASIST). The CO is responsible for carrying out day-to-day activities independently.

3. Statutory authority permitting the PSC extension:

Under AIDAR 706.302-70, 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. Specifically, the authority contained in AIDAR 706.302-70(b)(5) is used for an award for the continued provision of highly specialized services when award to another resource would result in substantial additional costs to the Government or would result in unacceptable delays.

4. A demonstration of the continuing needs of the U.S. Government:

OAA is enhancing its on-site capacity to effectively manage the increase in funding and to transition primary responsibility of the last remaining portion of the portfolio from RDMA/Bangkok to USAID/Vietnam. To manage the totality of the portfolio will require the significant expertise and experience of the current USPSC Ms. Suzanne H. Johnson to both procure and administer key activities, including the dioxin remediation work at Bien Hoa, but equally as important to train and mentor the local, recently hired, Contract Specialist staff to enhance the overall capacity of the USAID/Vietnam contracting function. This one-year extension will help smooth operation and transition from RDMA and an additional USDH FSO who will be arriving in summer.

5. 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].

The action will be publicized in accordance with CIB No. 01-07. The original solicitation was full and open and publicized widely. Interviews may not take place if the CO determines from the potential offerors the best possible package and value for USG is the incumbent.

6. A determination by the Contracting Officer that the anticipated cost to the

Government will be fair and reasonable:

This position was classified at a GS-15 level and the Contractor’s salary was determined based on the market rate for the positions along with salary history using the individual’s biodata form, thus ensuring that the anticipated cost to the Government was fair and reasonable.

7. Description of the market research conducted, and the results or a statement of the reasons market research was not conducted:

For this contract, market research was not conducted as Ms. Suzanne Johnson is currently filling Agency requirements for the USPSC Contracting Officer position and is available immediately for the new contract. Conducting a full and open request for this position, which would include substantial market research, would unnecessarily tie up Mission personnel and resources as discussed above.

8. Other facts supporting the use of other than full and open competition:

Ms. Suzanne Johnson is available immediately to fulfill the continuing needs of the Agency. The USAID/Vietnam Mission has a continuing need for the services that are performed on this contract in order to ensure the smooth portfolio management at this critical transition time.

Ms. Suzanne Johnson ‘s performance has been rated as excellent in her performance evaluations. Furthermore, funds are available for the contract extension.

HCTM approved this USPSC extension until May 02, 2021 on April 23, 2020.

9. Sources, if any, that expressed an interest, in writing, in the acquisition:

Not applicable – no other sources have been contacted for this one-year, on extension contract. A full and open Request for Proposals was originally issued to fill the position in 2019. According to AIDAR 705.102(d), solicitation is not required for an extension or renewal of a USPSC with the same individual for the same services at the same mission, or operating unit within a Bureau or Independent Office awarded under the authorities in AIDAR 706.302-70(b)(5).

10. The actions the Agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required:

If any subsequent requirements for this position are needed, they will be competed. The Mission intends to compete future requirements through full and open competition after this follow on contract.

APPROVED: _______________________

Ken Seifert

DISAPPROVED: ______________________

Ken Seifert

Date: ______________________

Enclosures: HCTM Approval for the position dated April 23, 2020.

CLEARANCES

Technical personnel certification:

Bruce Gelband Date Office of Acquisition and Assistance, USAID/Vietnam