JA for Expedited Procedures Package-MENA ISS BPA (2).pdf

JUSTIFICATION AND APPROVAL FOR EXPEDITED PROCEDURES PACKAGE

TO: Zachary Clarke, USAID/MERP/OAA, Contracting Officer

CC: Deborah Broderick, Deputy Director M/OAA

FROM: Victor Diaz de Leon, USAID/MERP/EXO

DATE: March 15, 2022

RE: MENA/ISS BPA 72028021CA00002

SUBJECT: Justification for Other than Full and Open Competition under the Expedited Procedures Package (EPP) for Ukraine, Belarus, and Moldova

1. This document sets forth the facts and rationale justifying the use of other than full and open competition.

Approval is requested for the justification for use of other than full and open competition pursuant to the authorities under the Expedited Acquisition and Assistance Procedures (EPP) for Ukraine, Belarus and Moldova, approved on 3 March 2022. Your approval of this J&A constitutes the justification for other than full and open competition as required by Tab 1 (D&F for the Authorization of Less than Full and Open Competitive Procedures in the Modification or Award of Contracts) of the EPP.

RECOMMENDATION

It is recommended that you approve this justification for use of other than full and open competition pursuant to the Action Memorandum for EPP for Ukraine, Belarus, and Moldova, approved on 3 March 2022. Your approval of this J&A constitutes the justification for other than full and open competition as required by Tab 1 (D&F for the Authorization of Less than Full and Open Competitive Procedures in the Modification or Award of Contracts) of the EPP.

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

This is a request to approve a modification to the MENA/ISS BPA award to PM Consulting Group. Under this action the BPA will be modified to expand the geographic coverage to include Ukraine, Belarus and Moldova. The BPA currently only covers the Middle East and North Africa (MENA) region, the Middle East Bureau and the Middle East Regional Platform (MERP) in Frankfurt, Germany. With this modification, PM Consulting Group will be authorized to provide support services to Ukraine, Belarus, and Moldova, as requested through orders placed by those operating units.

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

The MENA-ISS Blanket Purchase Agreement (BPA) provides administrative, technical and programmatic staff support services to field-based programs managed by USAID in the (MENA region. This action will extend support to the countries of Ukraine, Belarus and Moldova. As a BPA issued under a General Services Administration (GSA) Multiple Award Schedule (MAS), the award does not have a ceiling; however, in accordance with FAR 8.405- 3(a)(3)(ii) the estimated ceiling of the award is $35,000,000 and in no instance will exceed $100,000,000.

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

AIDAR 706.302-70(b)(3) and 40 U.S.C. §113; see Action Memorandum entitled EPP for Ukraine, Belarus and Moldova approved on 3 March 2022.

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

The unexpected aggression and rapidity of Russia’s invasion of Ukraine and the increasingly dangerous and unpredictable operating environment in the region have escalated USAID’s need for rapid and flexible programming. The MENA/ISS BPA is a current mechanism that can be utilized to supply critical support services to Ukraine, Belarus and Moldova in their rapid and urgent scale of humanitarian and development assistance. The MENA/ISS BPA is uniquely positioned to quickly shore up staffing and infrastructure in the USAID/Ukraine regional Mission. USAID/Ukraine has full oversight over the Belarus Country Office and provides certain financial, executive, legal, and acquisition/assistance support office functions to the Moldova Mission. As a result of the crisis, Embassy Kyiv has closed, and hundreds of USG and partner American and Ukrainian staff have evacuated, many of whom remain offline and unable to work as they take shelter and/or relocate.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable.

The initial BPA was competed among US Small Businesses on GSA’s eBuy platform. The competitive process led to a single award BPA with PMCG. Further competition to extend services to Ukraine, Moldova and Belarus is not possible, as these operating units require urgent and immediate assistance. As the situation evolves and becomes more stable, the Ukraine contracting office will consider if competition of a separate staffing mechanism is possible and warranted.

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

GSA has already determined the prices of supplies and fixed-price services, and rates for services offered at hourly rates, under schedule contracts to be fair and reasonable. Therefore, ordering activities are not required to make a separate determination of fair and reasonable pricing, except for a price evaluation as required by 8.405-2(d). By placing an order against a schedule contract using the procedures in 8.405, the ordering activity has concluded that the order represents the best value (as defined in FAR 2.101) and results in the lowest overall cost alternative to meet the Government’s needs. Although GSA has already negotiated fair and reasonable pricing, ordering activities may seek additional discounts before placing an order (see 8.405-4).

In awarding the BPA, USAID had sufficient price competition and requested discounts from offerors. The BPA was awarded to PMCG after USAID determined that its prices were the most beneficial to USAID. Furthermore, these prices are in accordance with their GSA MAS. Orders issued under the BPA to support Ukraine, Belarus and Moldova will rely on these pre-negotiated prices.

8. A description of the market research conducted (see FAR Part 10) and the results or a statement of the reason(s) market research was not conducted.

USAID conducted market research at the time of award, including through outreach to USAID’s Office of Small and Disadvantaged Business Utilization (OSDBU). Given the urgency of this action, no further market research was conducted when making this modification. Furthermore, the market research conducted at the time of award is considered valid and making an award to another organization would not be in USAID’s best interest, as it would result in unacceptable delays.

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

Not applicable.

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

This action was not posted publicly. In accordance with AIDAR 706.302-70(c)(3), “when the authorities at 706.302-70(b)(1) through 706.302-70(b)(3) are used advance notice of proposed contract action is not required in accordance with (48 CFR) AIDAR 705.202.”

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 modification is intended to meet the immediate needs of USAID/Ukraine, Belarus and Moldova. Competition will be considered for future requirements.

12. Technical or Requirements 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 complement and accurate in accordance with EPP entitled EPP for Ukraine, Belarus and Moldova approved on 3 March 2022 (attached).

Victor Diaz de Leon Date

03.16.2022

13. Resident Legal Officer Clearance:

Warren Leishman, RLO Date

14. Contracting Officer Certification:

In accordance with FAR 6.303, I hereby certify that the justification is accurate and complete to the best of my knowledge and belief.

Zachary Clarke Insert date