20200602_Draft JandA Memo_Economic Comp PMS extension_HR EG UPDATE1_QH_GL_CO Approval.pdf

To: Ken Seifert, Contracting Officer, USAID/Vietnam

From: Gregory Leon, Director, Office of Economic Growth

Date: April 19, 2021

Subject: Justification and Approval for other than full and open competition for a seven (7) - month extension to the contract 720440S1900005 with Resident Hire USPSC Nhu-An Tran (November 10, 2021 – July 09, 2022)

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 Gregory Leon, USAID/Vietnam Office of Economic Growth (EG), in support of the Resident-Hire U.S. Personal Services Contract (USPSC) contract extension for the continuing services of Ms. Nhu-An Tran as an Economic Competitiveness Project Management Specialist for duration November 10, 2021 – July 09, 2022.

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

This is a request for a non-competed seven (7)-month extension to the PSC contract, 72044019S00005, with Ms. Nhu-An Tran, Economic Competitiveness Project Management Specialist, in the Office of Economic Growth (EG).

The solicitation to recruit Ms. Nhu-An Tran, RFP: 72044019R00009, issued August 22, 2019, 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. Nhu-An Tran ‘s original contract states, the “period of service shall be from November 10 – November 09, 2020” in the “PERIOD OF PERFORMANCE”

To address the office needs and given approval from Mission Director and clearance by Bureau in 2020, the original contract has been exercised an option year until November 09, 2021 (Amendment 001 signed on June 05, 2020).

On November 23, 2020, after having re-evaluated the office needs for the services continuity of the above-mentioned position, a seven (7)-month contract extension has been requested and received the Mission Director’s approval on January 12, 2021. This extension will be critical to ensuring optimal spread of management units across the team and achievement of Mission objectives. In addition, the extension will permit the Mission to solicit and hire a CCNPSC, a permanent replacement/solution, to the surge support provided by the Resident Hire USPSC. Over the next year, EG will face continuing management and design needs that outstrip the office’s carrying capacity, without the USPSC.

EXO/HR received the notification on the extension from Bureau for Asia on March 25, 2021.

HCTM’s approval for the extension is not required for this Resident-Hire USPSC.

3. 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 November 2019 to o/a November 2020 is $138,893. The previous one-year contract extension increased the TEC by $134,163 to a new total of $273,056. The requested new seven (7)-month extension will increase the TEC by $101,500 to a new total of $374,556.

In addition to the immediacy of the position, there is cost savings associated with extending the contract. The Mission will save staff a considerable amount of 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 Economic Competitiveness Program Management Specialist is located within the Economic Growth (EG) team of the USAID/Vietnam Mission. This highly qualified specialist reports to the EG U.S. Direct Hire (USDH) Office Director. The position leads conception, design, implementation, oversight, coordination, and evaluation of economic competitiveness programs. The incumbent represents USAID on issues of technical, policy, and strategic planning to the host government, U.S. Embassy Hanoi, donors, partners, and advocacy networks. S/he serves as the Contracting Officer’s Representative/Agreement Officer’s Representative (COR/AOR) for grants, contracts, and cooperative agreements. The incumbent is called upon to express originality of ideas and creative thinking in dealing with challenges or matters for which there is little precedent. Demands will be heavy in terms of initiative, resourcefulness, and sound judgment. The incumbent serves as a subject matter expert on Vietnam-specific realities and experience and provides strategic advice to EG and USAID/Vietnam Mission leadership. The incumbent also possesses in-depth analytical skills and interpersonal skills.

4. 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.

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

Continuing this seven (7)-month-extension of the USPSC’s contract will be critical to ensuring optimal spread of management units across the team and achievement of Mission objectives. Over the next year, EG will face continuing management and design needs that outstrip the office’s carrying capacity, without the USPSC.

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].

A synopsis of the proposed contract action to extend the contract for one year was publicized on beta.SAM.gov on April 02, 2021 in accordance with FAR 5.201, and this document will be publicized in accordance with FAR6.3. No expressions of interest were received. In the meantime, Mrs. Nhu-An Tran is currently filling Agency requirements for this Resident-Hire USPSC position and is available immediately for the new extension. Conducting a full and open request for this position would include substantial market research, which would unnecessarily tie up Mission personnel and resources as discussed above. Accordingly, the Contracting Officer concluded that the incumbent contractor is the only practicable, potential offeror.

7. 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-14 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.

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

For this extension, market research was not conducted as Ms. Nhu-An Tran is currently filling Agency requirements for this USPSC position and is available immediately for the new contract period. 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.

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

As mentioned earlier, Ms. Nhu-An Tran 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. Nhu-An Tran ‘s performance has been rated as excellent in her performance evaluations.

Furthermore, funds are available for the contract extension.

HCTM approval is not required for this USPSC extension. USAID/ Vietnam/ HR informed Bureau for Asia and received the acknowledgement on March 25, 2021.

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

Not applicable – no other sources have been contacted for this extension. A full and open Request for Proposals was originally issued to fill the position in August 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).

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:

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 extension.

APPROVED: _______________________

Ken Seifert

DISAPPROVED: ______________________

Ken Seifert

Date: ______________________

Enclosures: Communication with Bureau for Asia for the contract extension dated March 25, 2021.

CLEARANCES

Technical personnel certification:

Gregory Leon Date Office of Economic Growth and Governance, USAID/Vietnam