J-and-A- short-term USPSC- APPROVED.pdf

ACTION MEMORANDUM

TO: Michael Fritz, Executive Officer

FROM: David Ratliff, Technical and Requirements Personnel

THROUGH: Jaidev Singh, USAID/Azerbaijan Competition Advocate

SUBJECT: Justification and Approval for Other Than Full and Open Competition (J&A) for USAID/Azerbaijan’s Solicitation 72011221R00003 for the Senior Program and Project Office (PPO) Advisor (USPSC), GS-15

Date: 7 June 2021

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 for the Senior PPO Advisor, in accordance with USAID's Acquisition Regulation (AIDAR) 706.302-70(b)(1).

This document was prepared by USAID/Azerbaijan’s PPO.

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 Richard Byess. Under this action, Richard Byess will serve as the senior PPO Advisor in USAID/Azerbaijan for a time-limited, six-month period.

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

The PPO Advisor will provide significant management, leadership, and mentorship support, to both existing and incoming PPO staff as needed. Further, they will be responsible for supporting PPO to meet its goals during the six-month transition period for the new PPO Director and will be relied upon for technical knowledge and experience. The expected services will be conducted July 2021 through December 2021 and will cover the time between the departure of the current PPO Director and the arrival of the new PPO Director, as well as the absence of the Deputy PPO Director who will be on extended leave. The work involves many different, complex, and interrelated processes with unknown conditions that require significant experience and technical expertise. The PPO Advisor will report directly to the PPO Director, unless there is no PPO Director. When there is no PPO Director, the PPO Advisor will report to the Mission Director.

The estimated cost of contract is up to $110,000.

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 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 a senior program advisor who has experience working with USAID systems (GLAAS, ASSIST, WebTA) and USAID regulations and policies (ADS) and has the ability to mentor and oversee USAID FSO and 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 significant experience and expertise.

Mr. Byess has over 30 years of extensive experience in project design, strategic planning, monitoring, evaluation, and training. As the Supervisory Program Officer in Nepal, Mali, Haiti, Armenia and various Washington offices, he performed the full range of Program Office functions including project and program design, negotiation with the host country and partners, evaluation, reporting, and policy development. He has many years’ experience as an office director and team leader, responsible for broad and complex program portfolios in a variety of environments ranging from sustainable development to conflict environments. Mr. Byess served as an office director, team leader, trainer and mentor to IDIs, NEPs, FSNs, and DLIs. He has also served as a USPSC with USAID/Azerbaijan in 2019 as senior advisor to the Mission Director and completed a wide range of assignments including preparation and submission of the Country Development Cooperation Strategy (CDCS). Mr. Byess is uniquely qualified to serve in the Senior PPO Advisor position.

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, USAID/Azerbaijan staff identified three individuals- Richard Byess, Jonathan Sperling and Roberta Cavitt who are known or believed to possess the required USAID knowledge, skills, and abilities. The Mission solicited offers from these individuals. Only one candidate submitted an application, Mr. Richard Byess, who was considered qualified and available. Two other former USAID staff were contacted and declined to submit applications- Jonathan Sperling advised that he would be engaged in some other activities during that period, and Roberta Cavitt responded back that she would not be applying without giving a specific reason.

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 USAID/Azerbaijan Mission Director, USAID/Caucasus EXO, and PPO identified three highly qualified and capable individuals who were known to be successful at providing the short-term consulting services.

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:

Given the highly specialized nature of the work, future requirements of this nature may again be solicited using limited competition However, the Mission will always seek to identify and obtain proposals from as many potential offerors as practicable.

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 complete and accurate.

Technical Requirements Personnel Date David Ratliff, Director, PPO

13. Contracting Officer Certification:

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

Approved Disapproved

Michael Fritz, Contracting Officer Date

Michael Fritz 8 June 2021

Clearances:

Denise Manning cleared by email (with comments)__ Date: __6/8/2021______ Resident Legal Officer

Jaidev Singh cleared by email ______ Date: __6/8/2021___ Mission Director