JA-EXO_Senior_Adviser-to_fedbisopps.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION

(J&A)

TO: Bryan Moody, Contracting Officer

From: Matthew Corbin, Executive Officer

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 706.302-70. This document was prepared by Matthew Corbin, Supervisory Executive Officer, Executive Office, USAID/Kenya and East Africa.

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

This is a request to approve a sole source award to [REDACTED], for a six-month U.S. Personal Services Contract. Under this action, [REDACTED] will provide expert advisory services to the Executive Office at USAID/Kenya and East Africa (KEA).

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

The contractor will work within the Executive Office to analyze and optimize the allocation of duties, negotiate and devise new standard operating procedures, and shepherd important initiatives to completion. A complete scope of work is attached. The estimated all-inclusive value of the contract is $128,000. A budget is attached.

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

The statutory authority permitting other than full and open competition is 706.302-70 Impairment of foreign aid programs: …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…This authority may be used for…An award of $250,000 or less by an overseas contracting activity.

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

As described below, using full and open competition would have an adverse effect on the operations of the USAID/KEA mission, by delaying the completion of time-sensitive projects.

The authority cited may be used in this instance as it is an award of $250,000 or less by an overseas contracting activity.

[REDACTED] has been employed at USAID/KEA under a U.S. Personal Services Contract over the past 11 months, filling the vacant role of Supervisory Executive Officer. With the recent arrival at post of the US Direct Hire Supervisory Executive Officer, this position is now filled, and [REDACTED] current contract will not be extended past its period of performance. However, there remain numerous high-priority projects and initiatives within the Executive Office that need to be seen through to completion. These initiatives, which are outlined in the attached scope of work, include extensive work coaching and restructuring the Mission’s Human Resources team.

Ensuring the HR team makes rapid progress in hiring, establishing new positions, and position classification will help avoid unacceptable delays to Mission operations, including top priorities such as the rollout of the new CDCS. By virtue of [REDACTED] extensive recent experience in the Mission, [REDACTED] is the only source who would be able to provide these services in an acceptable timeframe. Any other candidate, including any otherwise qualified retired USAID Executive Officer, would necessarily require at least several months of familiarization before he or [REDACTED] would be able to serve effectively in this role. Given that [REDACTED] is already working in the mission under a different contract which is ending in early October, 2019, hiring them under a new contract would provide seamless transition, and enable the Mission to finalize mission critical, time sensitive objectives that it otherwise would not have the available staff or expertise to accomplish.

6. Description of the efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was publicized as required by Federal Acquisition Regulation (FAR) 5.2 [AIDAR 705.2].

The Mission has not attempted to solicit offers from other potential sources. [REDACTED] unique qualifications are a result of [REDACTED] extensive recent experience overseeing operations in the Executive Office at USAID/KEA. There is no other potential source with the same recent experience. Due to the reliance on 706.302-70(b)(1), advance notice of proposed contract action is not required, in accordance with (48 CFR) AIDAR 705.202. Reference: AIDAR 706.302-70(c)(1)(3). No other potential candidate could arrive mid-stream and effectively complete these initiatives in the required timeframe.

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

The cost estimate in the attached budget is based on a preliminary assessment that the scope of work will be classified as GS-14. All other costs included in the budget are standard costs authorized for a short-term Offshore Hire USPSC, per ADS 309 and AIDAR Appendix D, and associated other Agency regulations. Additionally, hiring [REDACTED] could also save the Government the costs associated with travel to post, and other patriation costs, since [REDACTED] is already in the country.

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

Market research was conducted and it was determined that [REDACTED] was the only potential source, for the reasons listed under point 6 (above). There are no other PSCs available with the requisite familiarity to complete the required work in the specified amount of time.

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

As outlined in Point 5 (above) [REDACTED] work under this contract will ensure quick completion of Human Resources efforts; these HR efforts will be instrumental in ensuring the Mission has the personnel necessary to achieve critical priorities, such as the rollout of the

CDCS.

As outlined under point 6 (above), no other potential offeror has [REDACTED] recent experience with currently-ongoing projects, and so there is no other potential offeror who could bring these efforts to completion without unacceptable delays.

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

No sources expressed interest in writing.

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:

As At present, there is no expectation that once the projects outlined in the scope of work are completed, there will be any need for further such support from a Senior Adviser. However, if it is decided that the USAID/KEA Executive Office does require long-term support, for instance from a USPSC Executive Officer, that procurement would be filled through full and open competition.

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.

__/signed/_______________________________ ____9/19/19__________ Matthew Corbin, Executive Officer, USAID/KEA Date

13. Contracting Officer Approved/Disapproved:

[As required see AIDAR 706.302-70(c)(2 & 4)]

I hereby certify that the justification is accurate and complete to the best of my knowledge and belief. The resulting award will be fair and reasonable.

Approved Disapproved

___/signed/_____________________________ ____9/20/19_________ Bryan Moody, Contracting Officer, USAID/KEA Date