JA-ES-08242022 -Dana Mansuri El Salvador-BHA August 2022_Signed.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION (J&A)

TO: Andrew Reese, Regional Executive Officer, REXO

FROM: Chase Gorishek, Executive Officer, REXO

SUBJECT: Justification for Other Than Full and Open Competition (J&A) for the Acquisition of Services for a Deputy Regional Director (DRD) for USAID/BHA/LAC/Costa Rica

DATE: 08/12/2022

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

USAID Acquisition Regulation (AIDAR) 706.302-70(a)(2) which states that “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.” AIDAR 706.302-70(b)(1) states 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[.]”

This document was prepared by the USAID/El Salvador Regional Executive Office

(REXO).

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

This is a request to approve a limited competition award to Dana Mansuri to serve as a U.S.

personal services contractor (USPSC) for the U.S. Agency for International Development in El Salvador, with a place of performance for the award in San Jose, Costa Rica. Unlike other Regional Offices, there is no USAID mission in Costa Rica. Therefore, USAID/BHA/LAC relies on support from institutional contractors, the U.S. Embassy in Costa Rica and the USAID Mission in San Salvador, El Salvador. Under this action Dana Mansuri will serve as the Deputy Regional Director (DRD) for USAID/BHA/LAC/Costa Rica. The DRD is responsible for a wide range of operational and administrative duties as detailed below. They report directly to the USAID/BHA/LAC Regional Director (RD). The DRD will, in coordination with the RD, be responsible for a complex portfolio requiring oversight of multiple, concurrent humanitarian crises throughout the disaster cycle. The DRD will play a critical role in managing and supervising a diverse team of field-based staff responsible for the monitoring and assessment of humanitarian needs in the region of responsibility and developing, implementing, and monitoring humanitarian response and disaster risk reduction efforts. Due to the urgent need of the USAID/BHA/LAC/Costa Rica DRD position, the Mission requires experienced and knowledgeable management and humanitarian programming support services for a period of up to six (6) months.

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

Under this contracting action, Dana Mansuri will serve as a DRD. The contracting period will be for a period not to exceed six months. Estimated costs are a salary negotiated at a rate of $146,757.00 per annum, in addition to round-trip airfare, lodging for the period, and pre-contract expenses. The USAID/BHA/LAC/Costa Rica DRD is responsible for a wide range of operational and administrative duties as detailed below. The DRD will oversee daily office activities, manage staffing processes, and ensure adherence to applicable USAID rules and regulations. The DRD will also serve as a lead humanitarian advisor, representing BHA in engagements with other U.S.

Government and external stakeholders and ensuring that BHA field-based perspectives are incorporated into the bureau’s internal and external policy efforts.

The DRD Statement of Duties entails:

As a leader in management, the incumbent must participate in a leadership role in office-wide policy initiatives to ensure field perspectives are well-represented;

provide current and future strategic direction to the regional office to include programmatic, liaison, and representational prioritization and human and financial resource requirements. The DRD will also manage and prioritize daily activities of BHA’s regional office and all related sub-regional and program offices, and guide the operationalization of BHA policies, procedures, and systems in the field. The incumbent will supervise BHA staff within the region, including establishing and maintaining clear roles and responsibilities and providing technical guidance, oversight, and administrative approvals.

The DRD will serve as a lead BHA representative on humanitarian issues in the area of responsibility and represent USAID in joint efforts to design, develop, and implement humanitarian strategies and interventions with local governments, donor, partner, and UN organizations, as appropriate. Additionally, the incumbent is as an expert advisor on humanitarian and disaster risk reduction issues to senior U.S. Government personnel in the region, including Ambassadors, Mission Directors, and other heads of agencies, as well as host country authorities and other stakeholders. The DRD must develop and maintain relationships with representatives of host governments, government donors, international organizations, NGOs, U.S. embassies, and USAID missions to ensure efficient and coordinated humanitarian response and disaster risk reduction activities.

As assigned, become certified and serve as an Agreement Officer’s Representative/Contracting Officer’s Representative (AOR/COR). The AOR/COR provides financial and programmatic oversight of all aspects of managing the agreement or contract; this includes but is not limited to reviewing invoices, requests for approvals, program/project deliverables (i.e. work plans, annual reports, month status reports), travel requests, key personnel requests, and financial/budget reports. They are responsible for drafting and submitting the annual contractor performance evaluation in the Contract/Assistance Performance

Assessment Review System. They prepare and review contract/assistance modifications documentation and assist the Contracting/Agreement Officer to ensure performance is compliant with the terms and conditions of the contract/agreement, the FAR, and USAID policy. AOR/CORs are responsible for all related requirements in the COR designation letter and the AOR designation letter.

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

40 U.S.C. 113, as implemented by AIDAR 706.302-70.

AIDAR 706.302-70(a)(2) states that “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.”

AIDAR 706.302-70(b)(1) states 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 limitations on use of this authority: “(1) Proposals must be requested from as many potential offerors as is practicable under the circumstances . . .

[and] (2) The contract file must include appropriate explanation and support justifying the award without full and open competition, as provided in [] FAR 6.303 . . . .”

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

Ms. Mansuri has thirty years of experience in international development, including ten plus years of administrative and personnel management as a USAID Executive Officer, in addition to applied foreign policy, field operations and program management in some of the world’s most challenging environments. Further, Ms. Mansuri has previously been entrusted to oversee an implementation of $1 billion in USAID development and humanitarian assistance programs to support internally displaced persons, stabilization and rehabilitation of infrastructure in humanitarian crisis contexts. As the senior development counselor and advisor with USAID, Ms.

Mansuri regularly engaged with host country government officials to the highest levels, donors, civil society and private sector entities, partners, beneficiaries, interagency representatives, congressional members, and White House and National Security Council representatives on a wide variety of programmatic and foreign policy objectives. Ms. Mansuri has demonstrated her related skills and abilities to this position, and is shown to be capable of leadership of large interdisciplinary and interagency teams, and responsible for the oversight of billion-dollar budgets. She is adept at building partnerships from local to senior levels of government, communicating organizational values and priorities, and developing others through inclusive leadership.

Qualifications for the DRD position in USAID/BHA/LAC/Costa Rica include a Bachelor’s degree in Business Administration, Public Administration, International Relations, Development Studies, or National Security Management; minimum of tem (10) years of experience working in emergency relief, international humanitarian assistance, and/or disaster response, of which four

(4) years were obtained in international settings. Experience in policy and regulations, research, and analysis, and providing guidance to key stakeholders. Further, the incumbent must have on the ground field experience in needs assessment, analysis, emergency relief program operations, or post-emergency rehabilitation. Dana Mansuri fulfills all of the qualifications to act as a DRD for USAID/BHA/LAC/Costa Rica, as outlined in her resume.

It is critical for USAID/BHA/LAC/Costa Rica to have a DRD in place for six months, that can assist in ensuring the stability of new and ongoing activities, until a permanent DRD position can be filled. Neither USAID/El Salvador nor USAID/BHA/LAC/Costa Rica currently have a DRD who can fill the position for this period of time. Dana Mansuri’s prior experience demonstrates a history of performing those duties and responsibilities that are unique and specialized to not only the operations of USAID and the U.S. Government, but also in the context of programs that support the region. In such capacities, Dana Mansuri is uniquely qualified to meet this Mission critical need until a permanent DRD position can be solicited and filled.

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].

The Contracting Officer solicited expressions of interest directly from three potentially qualified persons, and also sought sources via internal agency channels and third party sources to identify qualified and available candidates, who were capable of performing the requisite DRD functions.

Contacted candidates either declined to participate in the contracting process or were non-responsive. Dana Mansuri was responsive to the inquiry to serve in USAID/BHA/LAC/Costa Rica for a total of six (6) months, and confirmed her availability for the period required by the Mission.

Advanced notice of the proposed contract action is not required in accordance with AIDAR 705.202(b).

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

The scope of duties for the position were evaluated using the classification standards for general schedule positions, and agency practices following position level benchmarks for USPSCs.

Further, secondary evaluation of the duties was performed using the factor evaluations standards, to cross-reference the proposed salary range, which was determined to be at the GS-15 rate. In discussions with the selected candidate, salary negotiations took into consideration previous salary history, cost of living increases, inflation, annual pay increases for federal salaries, and the experience and education the candidate possessed having served at a senior level. As such, it was determined that the proposed salary of $146,757 per annum ($81,362.00 salary and benefits for the period), which is within the GS-15 benchmark salary range, was fair and reasonable.

Estimated costs of salary, with round-trip airfare ($880.35), lodging for the period ($23,801.19), and per diem ($19,278.00), for an estimated total of $43,959.54, were determined to be reasonable based on commercial airfare rates, the lodging, and per diem for the period.

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

The Contracting Officer solicited expressions of interest directly from three potentially qualified persons. A review of candidates that possessed prior relevant, requisite experiences and skill sets was performed. Sources were also sought via internal agency channels and third party sources to identify qualified and available candidates, who were capable of performing the requisite DRD functions.

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

As noted above, it is critical for USAID/BHA/LAC/Costa Rica to have an experienced DRD to ensure the continuity of ongoing activities, and the implementation of new ones in support of the unique and wide range of operational and administrative duties pertaining to BHA’s regional humanitarian assistance programs. Neither USAID/El Salvador nor USAID/BHA/LAC/Costa Rica currently have a DRD who can fill the position for the required period of performance. In addition, the Mission was unable to find another suitable and qualified candidate given the limited time imposed by operational constraints and the need for immediate support. The Mission also pursued several various combinations of remote support, temporary duty support, or combinations thereof for coverage, but was unsuccessful in identifying an available, qualified candidate in time to meet the need for the required services.

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

The Contracting Officer solicited three (3) potentially qualified persons. The candidates that were contacted by EXO either declined to participate in the contracting process, were otherwise unavailable, or were non-responsive. Dana Mansuri was responsive to the inquiry to serve in USAID/BHA/LAC/Costa Rica for a total of six (6) months, and confirmed her availability in writing, for the period required by the Mission.

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:

USAID/El Salvador will endeavor to initiate acquisition planning as far in advance as possible, and to solicit future requirements through full and open competition to the maximum extent practicable, insofar as requirements may be met, based on Mission needs and constraints.

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.

______________________________ 8/22/2022____ Chase Gorishek, Executive Officer (on behalf of BHA/LAC/Costa Rica) Date

13. Contracting Officer Certifications:

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

( X) Approved ( ) Disapproved

Andrew Reese, Regional Executive Officer Date

Clearances

_Clear_________________________ 8/22/2022___ Scott Phillips, Resident Legal Officer Date