JA Senior Security Specialist 72030622R00009 Sam.gov.pdf

JUSTIFICATION AND APPROVAL

TO: Francis Hall, Contracting Officer

CC: Deborah Broderick, Agency Competition Advocate

FROM: Carlos Gutierrez, Deputy Director – Executive Office

DATE: March 29, 2022

SUBJECT: Justification for Other than Full and Open Competition Under the Expedited Procedures Package (EPP) for Afghanistan

We request approval of this justification for use of other than full and open competition pursuant to the authorities under the EPP “Expedited Acquisition and Assistance Procedures for Afghanistan” (the “Expedited Procedures Package”), 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.

a) Nature and/or description of the action being approved.

As a result of the evacuation of the US Embassy in Kabul and the termination of contracts of all Foreign Service National Staff who were evacuated, the Front Office requests that the Contracting Officer approve the use of the EPP to hire under a Personal Services Contract for the Senior Security Specialist position for a period of eight months with a place of performance in Washington, D.C.

Performance will commence o/a April 2022 when all onboarding processes are completed.

b) A description of the supplies or services required to meet USAID’s needs (including the estimated value) will serve as the Senior Security Specialist in the Executive Office for USAID/Afghanistan. The estimated value of this 8 month1 period USPSC contract is approximately $138,000. The base period is significantly lower as all allowances such as post differential, danger pay, and Cost of Living Allowance (COLA) have been removed as the candidate would not be eligible while working

1 For PSCs being hired with a U.S. duty station, all funding must be provided in FYs 2022 and FY 2023, including funding for option years, unless authority is identified for funding after those FYs. Under FAA 636(a)(3), PSCs are hired to perform services abroad. FY 2022 CR Section 2401 provides an exception for PSCs but only if they are funded in FY 2022 and FY 2023. Consult with OFM and RLO on the availability of authority for funding these PSCs in FYs 2024 and beyond.

UNCLASSIFIED

-2-remotely providing virtual support during the base period, and the current USAID/Afghanistan duty station being Washington DC with flexibility for employees to serve in the US, or on TDY in Almaty, Bishkek, Doha, pending space availability, or other locations approved by the Asia Bureau. The Statement of Duties (SOD) for this position outlining the required services have been included in this package as an attachment (here).

A complete position description is attached. The estimated value of the contract is $138,000.

c) Identification of 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 “Expedited Acquisition and Assistance Procedures for Afghanistan” approved December 9,2021.

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

is fully qualified for this position, and he brings unique knowledge of the USAID/Afghanistan portfolio from his ongoing support since 2020.

The Mission’s ability to obtain his services as a USPSC is critically important given the absence of an FSN workforce which normally provides institutional memory and the scheduled rotation of the USDH team members.

has extensive experience spanning over 20 years in the security field, having served in several capacities including in Afghanistan. Most recently, he has been employed as Security Specialist in the Program Liaison Security Office (PLSO).

This is a Deputy Director position for the PLSO section. In this capacity he has on numerous occasions acted as the Office Director following the departure of the Office Director and he has already proven his capabilities to excel in this role. He has now gained the institutional knowledge required to lead this portfolio at this time when the mission has lost all its FSNs.

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

The solicitation for this requirement was not posted publicly. The solicitation was only shared with , as the only source who would have the required institutional knowledge required to oversee this portfolio. The Mission’s immediate need is a compelling urgency and any postponement in award will cause unacceptable delays in fulfilling the agency's requirements. The full and open competition contracting process through re-solicitation would impair Front Office’s ability to meet the needs of having a contractor in place as soon as possible. A Personal Services Contract with the proposed candidate, , would meet this urgent requirement to have the service in a timely manner.

f) A determination by the Contracting Officer that the anticipated cost to the https://drive.google.com/file/d/1V9QJumxuBt3l8lPNkvzuSquymSjfH65k/view

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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 USAIDs Position Level and Market Value Determination and therefore is determined to be fair and reasonable. For this award the anticipated TEC amount is USD$138,000.00 for the eight (8) months.

g) 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.

No formal market research was conducted, and the general costs of an offeror with background coupled with his salary history are deemed fair.

The skills available in the US labor market are well known through USAID's ongoing recruitment and screening processes.

h) A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

There are no other sources that have expressed in writing an interest in the position.

i) A statement of the actions, if any, USAID may take to remove or overcome any barriers to competition before any subsequent acquisition of the supplies or services required.

There are currently no plans to continue this position beyond the life of this USPSC under a reorganized USAID/Afghanistan Mission.

RECOMMENDATION

It is recommended that you approve this justification for use of other than full and open competition pursuant to the Action Memorandum “Expedited Acquisition and Assistance Procedures 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.

CERTIFICATION:

The requirement for technical certification at FAR 6.303-1(c) is fulfilled through:

a. The signature of the Technical Officer below certifying the specific supporting data for this J&A; and

b. The EPP entitled “Expedited Acquisition and Assistance Procedures for Afghanistan” approved December 9,2021 (attached).

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c. The Contracting Officer's expanded and written delegated authority to enter into, administer, or terminate contracts and make related determinations and findings are included in the contract file, in accordance with FAR 1.602-1.

Technical Officer:

I hereby certify that the supporting data which form a basis for the justification are complete and accurate to the best of my knowledge and belief.

Carlos Gutierrez 3/30/2022 Technical Officer Date

APPROVAL:

Contracting Officer Date:

CLEARANCE:

JPower 03/31/2022 RLO Date:

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Clearance Page:

USAID/Afghanistan, DMD, Gabriel Grau: Cleared by email 04/05/2022

USAID/Afghanistan, DMD, Michael Torreano: Clear Date: 4/4/2022

TAB 1

Determination and Findings (D&F) - Authorization for Use of Other than

Full and Open Competition in the Award or Modification of Contracts

Pursuant to the authority set forth in §706.302-70(b)(3)(ii) of the USAID Acquisition Regulation (AIDAR), I have determined that it is necessary to provide for the following exceptions to competition in the award and modification of contracts in support of USAID’s Afghanistan programming in order to avoid the impairment of U.S. foreign assistance and foreign policy objectives. This determination is made in consideration of the supporting findings set forth below and will remain in force and effect for two years from the date of the authorization of the EPP.

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

As a matter of law and policy, USAID's practice is to follow full and open competition in the award of contracts and in instances where a proposed modification to an existing contract triggers competition requirements. However, in exceptional circumstances, these interests must give way to the overriding objective of providing emergency and often life-saving interventions on a timely basis. Approval of this authority for exceptions to full and open competition is necessary to provide the flexibility that is essential to USAID's ability to implement programming to swiftly mobilize technical, financial, and other resources to provide assistance to the Afghan people, to specifically (i) responsibly deliver assistance to the Afghan people, (ii) identify and stand up a reconstituted Mission and (iii) employ staff, including our former USAID/Afghanistan CCNs who were evacuated from Afghanistan.

This authority covers activities funded from all sources of Agency funding, including prior year funding, as well as current and future fiscal year appropriations, unless special rules for these appropriations are enacted by Congress. This action authorizes the award of new contracts using other than full and open competition procedures. It also authorizes non-competitive modifications to existing contracts.

Authorization of the use of other than full-and-open competition is necessary, given the urgent need for USAID to mobilize technical, financial, and other resources rapidly to address the fluctuating operating environment.

Expeditiously providing assistance in as responsive a manner as possible takes priority over other options that would delay such assistance, especially where delay or inflexibility could compromise USAID's ability to provide necessary support. The timeframe required by fully competitive award procedures, if followed, would not enable USAID to act in a manner consistent with U.S. foreign policy. The availability and use of expedited procurement procedures would have a significant impact on the procurement timeline and USAID’s provision of urgently needed supplies and services.

2. Citation of the appropriate statute and/or regulation upon which the D&F is based.

Under 40 USC §113(e)(2), competition requirements shall not impair or affect the authorities of an executive branch agency with respect to "any program conducted for purposes of...transfer to foreign governments, or foreign aid, relief, or rehabilitation." USAID has implemented this provision through 48 CFR §706.302-70(b)(3)(ii), which provides an exception to competition for "awards for countries, regions, projects, or programs for which the Administrator of USAID makes a formal written Determination and Findings (D&F), that compliance with full and open competition procedures would impair foreign assistance objectives, and would be inconsistent with the fulfillment of the foreign assistance program."

Under 48 CFR 706.302-70(c)(2), determinations under the authority used herein will not be subject to the requirement for contracting officer certification or approval in accordance with

FAR 6.304.

3. Findings that detail the particular circumstances, facts, or reasoning essential to support the determination. Necessary supporting documentation shall be obtained from appropriate requirements and technical personnel.

While it is impossible to list all of the circumstances that justify the use of this authority, the following are some of the most common situations where the authority is necessary, and examples of how the exception to competition would be utilized to support U.S. foreign assistance objectives:

First, the rapidly changing situation in Afghanistan may require the extension of existing contracts beyond their present scopes of work to bridge gaps between existing programs and activities and the establishment of new programs and activities. At this time, one of USAID’s primary humanitarian assistance (HA) goals is to scale up quickly to respond to the immediate needs of the Afghan people. USAID’s humanitarian partners remain operational, providing fo od, shelter, medical services (including COVID-19-assistance), protection, and other critical humanitarian assistance to the Afghan people. The scope and scale of needs is increasing, as the economic contraction increases the cost of providing assistance at the same time as the number of people in need has risen due to new conflict-related displacements through August and, with the cessation of conflict, access to populations previously unreachable behind conflict lines newly opening. Expedited procedures that authorize the extension of programs beyond their present scopes of work will enable USAID to provide current beneficiaries with a consistent level of services as received in previous years while responsibly expanding to assist newly vulnerable or newly accessible populations.

Additionally, as the situation in Afghanistan continues to evolve, significant and unanticipated changes in USAID programs will be necessary to carry out activities and initiatives. At this time and in regard to the Mission’s development assistance program, the Mission is in the process of restarting programs in several sectors while determining whether they need to be rescoped, reassessing sectors and awards and winding down those activities that are no longer viable given the current situation. This EPP will allow for the swift resumption and modification of USAID programming, as conditions require or permit.

Given the closure of the U.S. Embassy Kabul and evacuation of hundreds of staff, USAID faces the daunting task of re-establishing Mission staffing and infrastructure to facilitate its humanitarian and development objectives in Afghanistan. This will necessitate rapid expansion and reorganization of staffing. In order to utilize the skills and knowledge of the 149 CCN staff members who were evacuated to the United States, as well as to help their resettlement efforts in the United States, the Agency is exploring hiring staff through various mechanisms. These include institutional support contracts (ISCs) and utilizing new authorities granted in the recently-passed Continuing Resolution (CR) to hire such staff directly as USPSCs. The Mission may also need to hire other PSC staff in an expedited manner, depending on programmatic needs, the location of the USAID/Afghanistan as a reconstituted Mission and potential economies of scale. While following standard contracting procedures for PSCs could take up to one year, use of limited competition to issue PSCs would allow USAID to obtain the services of new qualified staff and/or transition existing staff in an expeditious manner to support programming.

There may be other urgent or critical situations where it is necessary to rely upon this authority.

The EPP provides the flexibility necessary for USAID/Washington and Missions to respond most appropriately to these situations, without undue procedural constraints that would negatively impact program results.

4. A determination, based on the findings, that the proposed action is justified under the applicable statute or regulation.

I have determined that it is critical to the objectives of the U.S. foreign assistance program that USAID be able to maintain flexibility to respond rapidly and effectively to the fluctuating operating environment and the consequences of the USG’s evacuation of Kabul and provide critical assistance to the Afghan people, including those most vulnerable.

The need for this EPP is great, given the rapid pace with which the situation in Afghanistan is evolving. The availability and use of expedited procedures will allow USAID to quickly resume, modify, accelerate and/or develop new programming as conditions require or permit, helping to mitigate the impact of the emerging crises on the Afghan people. In light of such needs, Administrator approval of the use of the cited authority to expedite procedures based on the defined approach herein will give USAID the flexibility to effectively respond to the changing landscape as the situation in Afghanistan evolves and potentially worsens. Failure to do so will result in an impairment of USAID’s foreign assistance objectives.

5. Expiration date of the D&F, if required.

This D&F is effective immediately upon my authorization and will remain valid for two years from the date of my authorization.

6. The signature of the official authorized to sign the D&F and the date signed.

In accordance with AIDAR 706.302-70(b)(3)(ii), this class D&F is signed by the appropriate official, the Administrator of USAID, in accordance with Agency regulations.

Samantha Power Administrator