JA Senior Legal Advisor.pdf

JUSTIFICATION AND APPROVAL FOR EXPEDITED PROCEDURES PACKAGE

TO: Julie Lamadrid, Contracting Officer

FROM: Priya Cariappa, Assistant General Counsel

DATE: April 24, 2023

SUBJECT: Justification for Other than Full and Open Competition under the

Expedited Procedures Package (EPP) for Afghanistan.

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 Afghanistan, approved on December 9, 2021.

Your approval of this Justification and Approval (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 EPP for Afghanistan, approved on December 9, 2021. 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:

The Assistant General Counsel requests that the Contracting Officer approve the use of the EPP to extend XXXX XXXXX’s U.S. Personal Services Contract (USPSC) for the Senior Legal Advisor (GS-15) position for a period not to exceed one year.

GC currently does not have an attorney identified to assign to USAID/Afghanistan to take over from the current Senior Resident Legal Officer (RLO), whose assignment ends this year. The AGC requests this extension to ensure continuity of legal coverage for USAID/Afghanistan.

XXXX XXXXX has provided critical support to USAID/Afghanistan during a time of immense transition and uncertainty. Furthermore, he is the source of much of the Mission’s institutional history. Losing his expertise as the Mission struggles to respond to recent and devastating Taliban edicts while trying to reconstitute in Astana, Kazakhstan and Doha, Qatar would be tremendously difficult for the Mission.

XXXX XXXXX is currently working under a contract for a remotely-based position with a duty station of the continental United States (CONUS), while agency remote approval remains in place, with a possibility for temporary duty (TDY) in Astana or Doha. Other locations may be approved on a case-by-case basis by the Mission and or Asia Bureau.

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

The Senior Legal Advisor is expected to provide support and advice to the Mission regarding legal and policy issues related to programming USAID funds including assisting with legal aspects of project approval processes, project checklists, and the legal sufficiency of program documents. This person must exercise an extremely high level of independent judgment and decision-making, as well as the ability to review and provide guidance on complex and sometimes contentious issues in a skilled, diplomatic, experienced, and knowledgeable manner. The incumbent is also expected to work with a wide variety of Mission staff, including technical and support staff and senior management, as well as senior-level Embassy staff, government representatives, and implementing partners.

A complete position description is attached. The estimated value of the contract is $286,460.00.

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

AIDAR 706.302-70(b)(3)(ii) and 40 U.S.C. §113; see Action Memorandum titled “Expedited Acquisition and Assistance Procedures for Afghanistan” approved December 9, 2021.

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

XXXX XXXXX has been providing superb legal coverage to USAID/Afghanistan since November 2021. He is deeply immersed in all aspects of the Mission’s efforts: from working to reconstitute operations to delivering life-saving programming in a complex operating environment subject to a maze of legal restrictions and sanctions. XXXX XXXXX previously served as USAID/Afghanistan RLO in Kabul which allows him to utilize his past experience of the country and its people to provide expert legal coverage.

Prior to his work with USAID/Afghanistan, XXXX XXXXX was first a RLO with USAID for 17 years, serving in several USAID Missions and in leadership roles within GC/W. He is well versed in all areas of USAID legal practice, including government ethics, bilateral agreements, donor-to-donor agreements, and private sector engagement. XXXX XXXXX has leadership experience having served as acting Mission Director and Deputy Mission Director for the Agency.

After his retirement in 2016, XXXX XXXXX served several missions as a USPSC RLO, including USAID’s offices in Frankfurt, Maputo, and Pretoria.

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

XXXX XXXXX is the only retired RLO of whom GC is currently aware who is available and qualified to sign a one-year contract extension with USAID/Afghanistan. Additionally, he is by far the best positioned of any individual to perform the requested work as he has been working with the Mission for the past year, served as a RLO in Kabul previously, and is intimately familiar with the relevant people, programs, and issues.

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

The anticipated cost was calculated based on the classification grade and step range, including allowances. It is consistent with USAID’s Position Level and Market Value Determination and therefore is determined to be fair and reasonable. For this award the anticipated TEC amount is USD $286,460.00 for the one (1) year base period.

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.

The anticipated costs are in line with other contracts extended to RLOs serving in a similar capacity at this and other posts.

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

None.

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

None received.

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 position will not require a future follow-on contract action.

12. Technical or Requirements Personnel Certification:

In accordance with FAR 6.303, I hereby certify that the technical statements included above which form a basis for the justification are complete and accurate in accordance with the EPP titled Expedited Acquisition and Assistance Procedures for Afghanistan approved December 9, 2021 (attached).

Cleared by email 4/24/2023

Priya Cariappa Assistant General Counsel

13. General Counsel Clearance:

Cleared by email 5/2/2023 David Rush Acting Deputy General Counsel

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.

Julie Lamadrid Executive Officer