Georgia - EXO - J and A - Patterson - 5-7-21 cr_pg_cr.pdf

TO: Cynthia Rogers, Supervisory Regional Executive Officer

FR: Marika Olson, Director, Economic Growth Office

DATE: 22 April 2021

SUBJECT: JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION (J&A)

FOR USAID/GEORGIA’S ECONOMIC GROWTH ADVISOR U.S. PERSONAL SERVICES

CONTRACT (USPSC) POSITION

1. This document sets forth the facts and rationale justifying the use of other than full and open competition for the procurement of a short-term, Offshore U.S. Personal Services Contract (USPSC) position of Economic Growth Advisor, in accordance with USAID's Acquisition Regulation (AIDAR) 706.302-70(b)(1). This document was prepared by USAID/Georgia’s Economic Growth Office (EG) for the procurement of a personal service contract.

2. Nature and Description of Action to be Approved:

This is a request to approve the award of a short-term USPSC, without full and open competition, to Bill Patterson. Under this action, Bill Patterson will serve as the Economic Growth Advisor (EGA) in USAID/Caucasus for a three-month period, with an option for an extension up to six months.

3. Description of Supplies or Services Required (including the estimated value):

The EGA will provide significant management, leadership, and mentorship support, to both existing and incoming EG FSO staff. Further, they will be responsible for supporting the EG Office to meet its goals during the transition period and will be relied upon for technical knowledge and experience.

The work involves many different, complex and interrelated processes with unknown conditions that require the development of new theories to resolve critical problems. The EGA will report directly to the Director of the Economic Growth (EG) office but will communicate significantly with the Mission’s Front Office and Mission Director. Specific activities for the EGA include but are not limited to:

1. Provide leadership support and mentorship to existing and new EG Office personnel during a time of significant personnel transition. Proactively engage with all levels of EG staff to support the team in meeting goals, objectives, and expectations. Proactively identify opportunities for improved functioning of the EG Office.

2. Represent the Mission with internal and external stakeholders to identify new opportunities for greater engagement in pursuit of shared goals.

3. Serve as advisor to the EG Office and Mission on leadership, mentorship, and capacity building of staff. Provide strategic direction and technical as appropriate.

4. Position is not expected to serve as AOR/COR but may be required to backstop management on EG-related policy and programmatic documentation involving the U.S.

Embassy Front Office, inter-agency, and the Europe & Eurasia (E&E) Bureau, including extensive drafting of briefing materials, event scenarios, action memos, operational reports, budget justifications, etc.

The estimated cost of contract if the full extension is exercised is up to $140,536.

4. Identification of Statutory Authority Permitting Other than Full and Open Competition:

Paragraph (a)(2) of AIDAR 706.302-70, “Impairment of foreign aid programs,” provides that “[f]ull 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.”

AIDAR 706.302-70(b)(1) provides that this authority may be used for an “award under section

11 George Balanchine Street Tbilisi 0131, Georgia Tel: (995 32) 254 4000 Fax: (995 32) 254 4145 georgia.usaid.gov

636(a)(3) of the Foreign Assistance Act of 1961, as amended, involving a personal services contractor serving abroad.”

AIDAR 706.302-70(c) provides the following conditions on use of this authority: "(1) A contract awarded using the authority in paragraph (a) of this section must be supported by the written justification and approval (J&As) described in (48 CFR) FAR 6.303 and 6.304 . . . (2) Proposals must be requested from as many potential offerors as is practicable under the circumstances (3) . . . when the authorities at 706.302-70(b)(1) through 706.302-70(b)(3) are used advanced notice of the proposed contract action is not required in accordance with (48 CFR) AIDAR 705.202.”

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

The Mission requires highly specialized services from an Economic Growth Advisor who has experience working with USAID systems (GLAAS, ASSIST, WebTA) and USAID regulations and policies (ADS) and has the ability to manage and oversee USAID FSN staff. This position requires highly-developed interpersonal skills to support USAID staff and liaise with the Embassy, implementing partners, and government and private sector partners. The work involves many different, complex and interrelated processes with unknown conditions that require the development of new theories to resolve critical problems.

Mr. Patterson has 18 years’ experience working in international development and living overseas with USAID. His work has focused on economic growth and agriculture, areas central to the Economic Growth Office’s functions. He has demonstrated experience in managing a complex office environment and in mentoring team members, including serving as Deputy Mission Director in Iraq. He also has extensive work in the kinds of communications necessary to maintain the Economic Growth Office’s profile with stakeholders. He was highly recommended by his references. His wealth of experience at USAID overseas missions makes him uniquely qualified to serve as USAID/Georgia’s Economic Growth Advisor.

6. Description of efforts made to ensure offers are solicited from as many potential sources as is practicable, and whether or not a notice was or will be publicized as required by the Federal Acquisition Regulation (FAR) 5.202 (If not, which exception to FAR 5.202 applies):

Due to the highly specialized nature of the knowledge, skills, and abilities required, solicitations were only requested from a limited number of candidates with relevant experience. Working with USAID/Georgia’s EXO and Front Office, the EG Office Director identified three individuals who are known or believed to possess the required USAID knowledge, skills, and abilities. The Mission solicited offers from these individuals. Only one candidate, Mr. Bill Patterson, was considered qualified and available. The other two candidates were not available to provide services during the expected period of performance.

In accordance with FAR 5.202(b) and AIDAR 705.202, an advanced notice of the proposed contract action is not required and was not publicized.

7. A determination by the Contracting Officer that the anticipated cost is fair and reasonable:

The estimated cost is considered to be a fair and reasonable, and is based on the position level and GS- 15 (equivalent) market value established in accordance with Agency regulation.

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

The Front Office, EXO, and EG identified three highly qualified and capable individuals who were known to be successful at providing the short-term consulting services.

11 George Balanchine Street Tbilisi 0131, Georgia Tel: (995 32) 254 4000 Fax: (995 32) 254 4145 georgia.usaid.gov

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

N/A

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

N/A

11. Statement of actions, if any, the Agency may take to overcome barriers to competition in the future:

Future requirements of this nature may again be solicited using limited competition. However, the high turnover of USDH staff will likely provide additional professional networks that can identify other potentially highly-qualified sources.

12. Technical or requirement personnel certification:

In accordance with FAR 6.303-1(c), I hereby certify that the technical statements included above and which form a basis for the justification are complement and accurate.

Technical Office Representative Date Phillip Greene, Acting Director, Office of Economic Growth

13. Contracting Officer Certification:

I hereby certify that the justification is accurate and complete to the best of my knowledge and belief.

Approved Disapproved

Cynthia B. Rogers, Contracting Officer Date

Clearances:

Denise Manning _______cleared by email________ Date: __5/7/2021______ Resident Legal Officer

Gagik Melkumyan ________ cleared by email ______ Date: __05/07/2021___

A/Deputy Mission Director