J&A_for_USPSC_A_&_A_Specialist_Fedbizopps_Aug15,2018.pdf

MEMORANDUM

DATE: July 25, 2018

TO: JAMES MAYER, EXECUTIVE OFFICER

FROM: WANDA M. HENRY, CONTRACTING OFFICER, USAID/BURMA

SUBJECT: JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND

OPEN COMPETITION (J&A) FOR EXECUTION OF A PERSONAL

SERVICES CONTRACT

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(b)(1):

This document was prepared by the Office of Acquisition and Assistance (OAA), USAID/Burma, for the procurement of a U.S. Personal Services Contract (USPSC) to provide Acquisition and Assistance (A&A) support to the Mission for a six-month period, from December 2018 through May 2019, to help address critical staffing gaps in the OAA office.

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

This is a request to approve an issuance of specialized services award to an offshore U.S. Personal Services Contract (USPSC), Senior A&A Specialist. This will be a six-month contract, staring from December 2018 through May 2019, on a full time basis with a Total Estimated Amount of $84,872. Under this action, Ms. Ma1ria Arenas will be hired to provide A&A services to USAID/ Burma.

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

USAID/Burma Mission opened in 2012 and the establishment of the Office of Acquisition and Assistance office with the first Contracting Officer was in 2015. The office currently has one Junior FSN with approximately one and a half years of experience and a Third Country National (TCN) Senior A&A Specialist. Currently, Contracting Officer Wanda M. Henry is supporting the office as a USPSC until the arrival of a permanent Contracting Officer in fall 2018. The proposed USPSC contract for the Senior A&A Specialist is intended to be effective from the first week of December 2018.

In May 2018, Ms. Maria Arenas, the proposed USPSC, was hired under the GH-Pro Program and Technical Support to Office of Acquisition and Assistance (OAA) for a six-month period, from May 29, 2018 to November 28, 2018. The new USDH Contracting Officer is expected to assume the post in October 2018; and thus, October will be a month of transition period for the office. The major procurement of Fiscal Year 2019, i. e. Economic Reform Activity and HIVAID, will be in process by then and after November 2018, when Ms. Arenas’ current contract expires; the OAA office will have three staff: the Contracting Officer, one Senior TCN and one FSN A&A Specialist at post. As per the current procurement plan from each technical office, the Burma mission anticipates a procurement budget of $136.5 million in FY 2019. In addition to working on the new procurements, OAA will continue to have a heavy workload administering the current awards. With the Contracting Officer having just newly arrived at post by October 2018, it will not be practicable for both new procurements and ongoing award administration without additional support.

The USPSC Senior A&A is to serve as the responsible person for providing procurement support to USAID programs in Burma. As the principal assistant to the Contracting/Agreement Officer based in Rangoon, Burma, the incumbent shall be required to apply highly specialized procurement skills and knowledge involving complex procurements. This includes providing staff support on all aspects of procurement management relating to and affecting USAID acquisition and assistance programs, policy and project planning, design, implementation and evaluation. The Senior A&A Specialist will serve as a primary contractual advisor to major development program initiatives in the Mission and serves as a trusted policy and technical advisor to the Contracting Officer, providing leadership to the OAA staff on all manners of A&A issues on multi-million dollar procurements.

The estimated value of the contract is $84,872.

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

In accordance with AIDAR 706.302-70 (a) and (b)( 1):

(a) Authority

(1) Citation: 40 U.S.C.113

(2) 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.

(b) Application. This authority may be used for:

(1) 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 that the proposed contractor's unique qualifications or the nature of the acquisition that requires use of the authority cited:

The Contractor has more than 35 years of professional experience in the field of international development. The Contractor has highly specialized procurement skills and knowledge involving complex agreements. The Contractor has over 26 years of USAID Acquisition and Assistance experience in a wide range of contracting responsibilities from cradle to grave procurements, such as:

initial planning processes, solicitation design and approvals, cost/price analysis, negotiation, pre-award surveys, award of contracts and cooperative agreements, grants, post award, contract administration, monitoring performance and budgets, and closeouts.

The contractor has a broad spectrum of knowledge pertinent to USAID rules, regulation, and policies, particularly on the OAA area and that will be helpful to ensure mission needs for OAA guidance and support to resolve complex A&A issues are met in time. The Contractor will play crucial role through advising on the most advantageous and appropriate method of achieving DO Team’s strategies through A&A methodologies as well as coordinating with both the internal and external stakeholders to ensure the overarching goal of the mission is achieved and continued over time. The Contractor will also be mentoring junior Acquisition and Assistance Specialists and junior Foreign Service Officers.

The Contractor is considered an expert in USAID Acquisition and Assistance. The Contractor is uniquely qualified and best positioned to continue to provide essential assistance to USAID/Burma.

The issuance of this six-month contract is in the best interest of USAID/Burma as it meets a critical need for the Mission.

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) 5.202 [AIDAR 705.202)].

Per AIDAR 705.102 Availability of solicitations, (AAPD 18-04), in accordance with FAR 5.102(a)(5)(iii), the Senior Procurement Executive has determined that access through the GPE is not in the Government's interest for USPSC solicitations for six months or less in duration for services abroad awarded under the authorities in 706.302- 70(b)(1). Thus a public solicitation was not made as requesting for offers from offerors in a formal channel was not practicable in this circumstance.

- This J&A and a synopsis of the proposed contract will be publicized on FebBizOps in accordance with FAR 5.201.as required in AIDAR 706.302-70(c).

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

The basis of the anticipated cost is based upon the establish market value of the position and historical earning information of the contractor’s current service to USAID. Ms. Arenas was hired through an institutional contractor-GH Pro in May 2018. Under the current six-month mechanism, the estimated cost was $174,119, whereas the proposed USPSC mechanism contract will have a total estimated cost of $84,872. The issuance of a proposed new six-month USPSC mechanism will be more cost effective to the agency.

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

As indicated in paragraph 7 above, the incumbent's salary was determined based on the prevailing market rates for the position along with the contractor’s salary history. The anticipated costs of this activity have also been compared with the prevailing market rates for similar services.

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

The office is expecting to experience a transition period from the departure of current USPSC contracting officer from the post to the arrival of the permanent contracting officer. During this period, the OAA team is expected to work on FY 19 procurements that include two major procurements: Economic Reform Activity and HIVAIDS. In addition, the team will also have workload administering the awards that have just been awarded in late FY 18. To ensure continuous quality OAA support and guidance to the mission and its relevant stakeholders during this transition period and beyond, the team needs a highly experienced Senior A&A Specialist at the post. The contractor has demonstrated outstanding performance in her previous works with USAID and is immediately available to fulfill the continuing needs of the Agency. USAID/Burma has a continuing and immediate need for the services that are performed under this contract.

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

See paragraph 6 above - per a determination by the Senior Procurement Executive, a public solicitation was not made as requesting for offers from offerors in a formal channel was not practicable in this circumstance.

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:

Approving this six-month USPSC contact will continue to allow the OAA office to function without interruption of services during the time of transition while the team is facing a shortage of permanent staff. At the end of this contract, the Mission needs will be assessed with the intent to compete future requirements through full and open competition.

12. Technical or requirement personnel certification:

In accordance with FAR 6.303-2(b), I hereby certify that the technical statements included above and which form a basis for the justification are complete and accurate. As outlined under 706.302 70(b) (1), it is the contracting officer’s determination that the proposed contractor is the only practicable, potential offeror.

Technical Officer – Wanda M. Henry Date Contracting Officer

13. Contracting Officer Certifications:

I hereby certify that the justification is accurate and complete to the best of my knowledge and belief and my certification will therefore serve as approval

James Mayer, Executive Officer Date

Justification And Approval For Other Than Full And Open Competition (J&A) For issuance of A Personal Services Contract

CLEARANCES:

Ying Hsu Date Resident Legal Officer USAID/Asia

(Email clearance attached)