DEIA ARTC J-A New Award up to 6 months.pdf

TO: Craig Smith, Contracting Officer, USAID/RDMA

From: Hanne Krognes, ARTC Manager, ARTC/REXO

SUBJECT: JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION (J&A)

1. This document sets forth the facts and rationale justifying the use of other than full and open competition, in accordance with AIDAR 706.3:

This document was prepared by Hanne Krognes, ARTC Manager, USAID/RDMA, in support of the new award of U.S. Personal Services Contract (USPSC) with Heather Bennett as a Resident Hire DEIA Senior Advisor.

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

This is a request to approve the new award of a U.S. Personal Services Contract (USPSC) issued to a Resident Hire DEIA Senior Advisor, Heather Bennett in the ARTC, USAID/RDMA. The contract is for 6 months on a full term basis, from o/a October, 2023 through March, 2024 and the estimated cost of the new award is $85,000.

3. Description of the supplies or services required, including an estimated value: The DEIA Senior Advisor will provide strategic and operational leadership to advance DEIA at USAID through ARTC and RDMA. The position is primarily responsible for

(1) facilitation of DEIA event which include coordinate, design, and deliver in-person and virtual DEIA workshops, conferences and training, reaching USAID staff regionally and beyond and also include a responsibility on building capacity of FSOs under the new DEIA skill precept, (2) ensuring a strong DEIA pedagogical foundation in all ARTC training design and delivery; (3) supporting the Office of the Chief Diversity Officer (CDO) with targeted support on Agency DEIA work as requested, including outreach and recruitment and work with minority-serving institutions; and (4) collaboration with RDMA’s Senior Regional Inclusive Development Advisor and the Mission Gender Advisor to create better linkages between DEIA principles and USAID inclusive development programming in Asia, supporting the Regional Advisor in their capacity work with Mission’s Gender Advisors; and (5) engaging in RDMA's Diversity and Inclusion Group (DIG) and the US Embassy Thailand's Diversity and Inclusion Steering Committee (DISC) to help create an anti-racist and anti-biased Embassy community.

The estimated contract value will be approximately $85,000.

4. Statutory authority permitting other than full and open competition:

According to AIDAR 706.302-70(a), 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(b)(1) is used for an award under section 636(a)(3) of the Foreign Assistance Act of 1961, as amended, involving a personal services contractor serving abroad.

5. A demonstration of the proposed contractor's unique qualifications or the nature of the acquisition that requires use of the authority cited:

The proposed contractor has unique qualifications when it comes to providing vision and direction for ARTC and RDMA in creating actionable long- and short-term goals for culturally responsive pedagogy and anti-racist and anti-bias teaching and learning experiences. This includes 10+ years of experience in developing transformative equitable and inclusive systems for organizations. As the inaugural Director of Equity Services for the Pennsylvania School Boards Association, Heather Bennett led a team to support 500 school districts as well as multiple higher education institutions and nonprofits to establish DEIA training and capacity building opportunities for students, staff, leaders, and communities. During her time in Bangkok, the contractor has developed and facilitated three introductory DEIA training courses for the Mission Thailand Diversity and Inclusion Steering Committee. She is a Juris Doctor and has a Ph. D. in Education Leadership.

This action is in the Agency’s best interest. It will utilize Heather Bennet’s unique skill set to advise on DEIA issues which will benefit ARTC, RDMA, the ASIA region and beyond.

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) 5.2 [AIDAR 705.2].

In accordance with a written determination made by the SPE based on FAR 5.102(a)(5)(iii), COs do not need to publicize solicitations for awards issued under the authority in AIDAR 706.302-70(b)(1) for USPSCs for USPSCs for services aboard of six months or less. To ensure that the requirements in AIDAR 706.302-70(c) are met, ARTC did market research.

ARTC reached out to CLO and the mission EFM coordinator to identify the potential offerors within the US Embassy Community (200-300 eligible EFMs) and only one name has come up. Ms. Heather Bennett is the only individual that was identified as a potential candidate who fully met the minimum requirement and selection criteria of the position, as well as available to provide services for the requested period.

A synopsis of the proposed contract action needs not to be publicized per FAR 5.201 and AIDAR 705.202.

7. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable:

Appendix D of the AIDAR applies to all personal services contracts with U.S. citizens or U.S. resident aliens to provide assistance abroad under Section 636(a) (3) of the Foreign Assistance Act of 1961, as amended. This position was classified at a GS-14 level, and the salary step was based on the incumbent’s salary history. The Contracting Officer’s certification documents his determination that this anticipated cost is fair and reasonable.

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

Market research has been conducted. The eligible offerors for the full and open competition for the Resident Hire USPSC for US Mission Thailand can only be the Eligible Family Members (USEFMs and EFMs with U.S. permanent residence status (Green Card Holders) of U.S. Mission in Thailand and the U.S.-Thai Dual Citizens.

Due to the time sensitive nature and the short-term need of this procurement, it has been determined that limited competition is allowable, thus the position does not need to be advertised and the competition limit to the Eligible Family Members (USEFMs and EFMs with U.S. permanent residence status (Green Card Holders) of

U.S. Mission in Thailand. ARTC has reached out to CLO and the EFM coordinator to identify the potential offerors within the US Embassy Community (200-300 eligible EFMs) and only one name has come up. Ms. Heather Bennett is the only individual that was identified as a potential candidate who fully met the minimum requirement and selection criteria of the position, as well as available to provide services for the requested period. The anticipated costs are in line with other contracts extended to the DEIA Advisor position serving in a similar capacity within the Agency.

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

None

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

No other source expressed interest in this activity.

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:

Any subsequent acquisition after this time sensitive procurement will be full and open competition.

12. Technical or requirement personnel certification:

I hereby certify that the technical statements included above, and which form a basis for the justification are complete and accurate.

Hanne Krognes, ARTC Manager, REXO/RDMA

13. Contracting Officer Certifications and Approval:

I hereby certify that the justification is accurate and complete to the best of my knowledge and belief and, under the authority of AIDAR 706.302-70(b)(1), approve this award under this J&A.

Craig Smith Contracting Officer