J and A Development Program Specialist (Environment).pdf

JUSTIFICATION AND APPROVAL FOR EXPEDITED PROCEDURES PACKAGE

TO: Sean Hofmann, Contracting Officer

CC: Deborah Broderick, Agency Competition Advocate

FROM: Julie Fossler, Office Director, Office of Program and Policy Development

DATE: September 19, 2024

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 and extended on October 7, 2023 through December 8, 2025. 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 follow-on United States Personal Services Contract (USPSC) award to XXXXXXXXX for a base period of one year with two option years1. Under this action XXXXX will provide Development Program Specialist (Environment) services for USAID/Afghanistan. Performance will commence o/a October 2024 when all onboarding processes are completed. The place of work for this position is continental United States

(CONUS).

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

The Development Program Specialist (Environment) will be responsible for serving as the Mission Environmental Officer (MEO). The MEO is the environmental compliance official, designated in each Mission, responsible for overseeing implementation of the regulations and the Agency’s policies and procedures (ADS 204). The MEO provides advice to the Program Office, and Mission teams, project/activity managers, and technical evaluation committees on implementation of environmental compliance requirements. The MEO supports the integration

1 For PSCs being hired with a U.S. duty station, all funding must be provided in FYs 2022, FY 2023 and FY 2024, 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 and subsequent reauthorizations of Section 2401 Authority provides an exception for PSCs but only if they are funded in FY 2022, FY 2023 and FY 2024.

Consult with OFM and RLO on the availability of funding these PSCs in FYs 2025 and beyond.

of environmental compliance into planning, design, and implementation of Agency actions, as well as strategy development. The MEO leads the provision of capacity building to Mission staff, implementing partners and the host country government to ensure that compliance requirements are monitored.

A complete position description is attached. The estimated cost of the contract for one (1) base year is $138,649.00

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 titled “Expedited Acquisition and Assistance Procedures for Afghanistan” approved on December 9, 2021. On October 7, 2023, the EPP was extended through December 8, 2025.

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

XXXXX has served in this highly specialized role for over six (6) years, four (4) as an CCNPSC and two (2) years as a USPSC. He is an expert in environmental impact assessments, climatic change, and biodiversity. XXXXXX is also an expert in Federal and Agency environmental requirements and Afghan environmental law. He provides guidance to the Mission on conducting environmental assessments for new activities and provides regular updates to the Bureau Environmental Officer as required in the Agency regulations. All Mission environmental assessments of new or modified activities are reviewed by XXXXXX to ascertain that they comprehensively address any potential environmental impacts and that the mitigation measures suggested are effective and comply with the law. In addition, he personally prepares analyses such as the Climate Strategy for the Mission and, when required, oversees the work of the Mission’s MEL contractor in preparing assessments on environmental issues in Afghanistan.

XXXXX has a B.Sc. in Natural Sciences and an M.A. in International Cooperation Policy with an emphasis in sustainability so he is well versed in environmental issues, their impacts, and their mitigation through the development process.

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

The initial award was made following a solicitation publicized to around one-hundred and fifty-one (151) former CCNPSCs.

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$138,649.00for 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.

No formal market research was conducted, and the general costs of an offeror with XXXXX 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.

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.

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:

Subsequent acquisition of services after completion of all option years or substantive changes to the statement of duties under a reorganized USAID/Afghanistan Mission will be solicited from as many potential sources as practical.

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 complement and accurate in accordance with EPP titled Expedited Acquisition and Assistance Procedures for Afghanistan approved December 9, 2021 (attached).

Technical Office Representative Date

13. Resident Legal Office Clearance:

Resident Legal Officer 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.

Sean Hofmann, Contracting Officer Date