J_A_Short-term USPSC Legal Advisor_Dupuy.pdf

TO: Avani Baluci, Contracting Officer, USAID/RDMA

From: Priya Cariappa, Assistant General Counsel, USAID/GC

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 706.302.

This document was prepared by Priya Cariappa, Assistant General Counsel for Asia, Europe & Eurasia, for USAID/RDMA, in support of new multiple awards of Short-term U.S. Personal Services Contracts (USPSCs) with Rene Dupuy as an Offshore Hire Legal Advisor.

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

This is a request to approve the new multiple awards of Short-term U.S. Personal Services Contracts (USPSCs) issued to an Offshore Hire Legal Advisor, Rene Dupuy in the Resident Legal Office (RLO), USAID/RDMA. The contracts are for multiple periods from September 6, 2022-October 9, 2022 (estimated cost $25,220) and April 1, 2023-May1, 2023 (estimated cost $24,315).

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

The Legal Advisor is expected to provide support and advice to the Mission, as well as regional client missions, regarding legal and policy issues related to programming USAID funds including assisting with legal aspects of project approval processes, project checklists, and the legal sufficiency of program documents. In this position, the incumbent must exercise an extremely high level of independent judgment and decision-making, as well as the ability to review and provide guidance on complex and sometimes contentious issues in a skilled, diplomatic, experienced, and knowledgeable manner. Incumbent is also expected to work with a wide variety of Mission staff, including technical and support staff and senior management, as well as senior-level Embassy staff, government representatives, and implementing partners, as necessary. The estimated value of the combined contracts is $49,535.

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:

Mr. Dupuy is a recognized legal expert on development with significant prior experience as a Legal Officer at USAID. Mr. Dupuy worked as a Legal Advisor in the USAID Office of the General Counsel, Litigation and Enforcement, from 2009 to 2018. In 2019, he served as Acting Resident Legal Officer (RLO) in Mozambique for three and half months. The portfolio was primarily health-related issues. In 2021, he worked full-time as Acting RLO in the Dominican Republic for six weeks, covering legal issues in the Dominican Republic, Jamaica, and the Eastern and Southern Caribbean. In addition, in 2021, he was Acting RLO in Frankfurt, Germany with the Middle East Regional Platform (MERP) working with two other RLOs covering legal issues in various countries including Iraq, Yemen, Tunisia, Morocco, Lebanon and Syria. Mr. Dupuy spent the first five months of 2021 working part-time assisting the RLOs in the Dominican Republic and MERP and the first six months of 2022 covering for a vacant RLO position for USAID/Bangladesh.

Mr. Dupuy has a thorough understanding of USAID rules, regulations, policies and the laws that govern them.

In addition, in all of his previous engagements for USAID, he was the go-to person for ethics training, ethics issues, and personnel issues. He brings not only his legal background, but his extensive background in acquisition & assistance matters as well.

This action is in the Agency’s best interest. It will avoid unacceptable gaps in staffing, utilize Mr. Dupuy’s unique skill set to advise on legal issues, and provide counsel on sensitive personnel matters.

6. Description of the efforts made to ensure that offers are solicited from as many potential sources as practicable , includin g 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, RLO reached out to multiple (more than 5) retired RLOs for legal coverage. Mr.

Dupuy is the only individual 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-15 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:

The anticipated costs are in line with other contracts extended to RLOs serving in a similar capacity at this and other posts.

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:

This position will not require follow-on contractual actions.

12. Technical or requirement personnel certification:

In accordance with FAR 6.303, I hereby certify that the technical statements included above and which form a basis for the justification are complete and accurate.

Priya Cariappa, AGC/AE&E Date

13. Contracting Officer Certifications and Approval:

In accordance with FAR 6.303, 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.

Avani Baluci Date Supervisory Executive Officer

TO: Avani Baluci, Contracting Officer, USAID/RDMA

From: Priya Cariappa, Assistant General Counsel, USAID/GC

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 706.302.

This document was prepared by Priya Cariappa, Assistant General Counsel for Asia, Europe & Eurasia, for USAID/RDMA, in support of new multiple awards of Short-term U.S. Personal Services Contracts (USPSCs) with Rene Dupuy as an Offshore Hire Legal Advisor.

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

This is a request to approve the new multiple awards of Short-term U.S. Personal Services Contracts (USPSCs) issued to an Offshore Hire Legal Advisor, Rene Dupuy in the Resident Legal Office (RLO), USAID/RDMA. The contracts are for multiple periods from September 6, 2022-October 9, 2022 (estimated cost $25,220) and April 1, 2023-May1, 2023 (estimated cost $24,315).

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

The Legal Advisor is expected to provide support and advice to the Mission, as well as regional client missions, regarding legal and policy issues related to programming USAID funds including assisting with legal aspects of project approval processes, project checklists, and the legal sufficiency of program documents. In this position, the incumbent must exercise an extremely high level of independent judgment and decision-making, as well as the ability to review and provide guidance on complex and sometimes contentious issues in a skilled, diplomatic, experienced, and knowledgeable manner. Incumbent is also expected to work with a wide variety of Mission staff, including technical and support staff and senior management, as well as senior-level Embassy staff, government representatives, and implementing partners, as necessary. The estimated value of the combined contracts is $49,535.

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:

Mr. Dupuy is a recognized legal expert on development with significant prior experience as a Legal Officer at USAID. Mr. Dupuy worked as a Legal Advisor in the USAID Office of the General Counsel, Litigation and Enforcement, from 2009 to 2018. In 2019, he served as Acting Resident Legal Officer (RLO) in Mozambique for three and half months. The portfolio was primarily health-related issues. In 2021, he worked full-time as Acting RLO in the Dominican Republic for six weeks, covering legal issues in the Dominican Republic, Jamaica, and the Eastern and Southern Caribbean. In addition, in 2021, he was Acting RLO in Frankfurt, Germany with the Middle East Regional Platform (MERP) working with two other RLOs covering legal issues in various countries including Iraq, Yemen, Tunisia, Morocco, Lebanon and Syria. Mr. Dupuy spent the first five months of 2021 working part-time assisting the RLOs in the Dominican Republic and MERP and the first six months of 2022 covering for a vacant RLO position for USAID/Bangladesh.

Mr. Dupuy has a thorough understanding of USAID rules, regulations, policies and the laws that govern them. In addition, in all of his previous engagements for USAID, he was the go-to person for ethics training, ethics issues, and personnel issues. He brings not only his legal background, but his extensive background in acquisition & assistance matters as well.

This action is in the Agency’s best interest. It will avoid unacceptable gaps in staffing, utilize Mr. Dupuy’s unique skill set to advise on legal issues, and provide counsel on sensitive personnel matters.

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, RLO reached out to multiple (more than 5) retired RLOs for legal coverage. Mr. Dupuy is the only individual 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-15 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:

The anticipated costs are in line with other contracts extended to RLOs serving in a similar capacity at this and other posts.

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:

This position will not require follow-on contractual actions.

12. Technical or requirement personnel certification:

In accordance with FAR 6.303, I hereby certify that the technical statements included above and which form a basis for the justification are complete and accurate.

Priya Cariappa, AGC/AE&E Date

13. Contracting Officer Certifications and Approval:

In accordance with FAR 6.303, 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.

Avani Baluci Date

Supervisory Executive Officer image1.jpeg

Date_2: 06/14/2022