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This document is a Justification and Approval (J&A) for the use of other than full and open competition under the Expedited Acquisition and Assistance Procedures (EPP) for Afghanistan to award a follow-on United States Personal Services Contract (USPSC) to XXXXXX as a Project Management Specialist focused on democratic development, peacebuilding, and community resilience programming in Afghanistan.

The J&A requests approval to award a one-year base contract with two option years to XXXXXX, who possesses relevant expertise and experience managing multi-million dollar USAID initiatives in Afghanistan. Due to the closure of the U.S. Embassy in Kabul, the use of limited competition allows USAID to quickly obtain the services of qualified staff to support programming. The total estimated cost of the contract is $165,000. No formal market research was conducted, and the anticipated cost is deemed fair and reasonable based on the proposed contractor's background and salary history. Subsequent acquisitions will be competed more broadly after the completion of all option years or substantive changes to the statement of duties.

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JUSTIFICATION AND APPROVAL FOR EXPEDITED PROCEDURES PACKAGE

TO: Sean Hofmann, Contracting Officer

CC: Deborah Broderick, Agency Competition Advocate

FROM: Elcy Valdez, Deputy Office Director, Democracy, Gender and Rights

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 XXXXXX for a base period of one year with two option years1. Under this action XXXXXX will provide personal services to USAID Afghanistan as a Project Management Specialist with a focus on democratic development at local and community development, which may include peacebuilding and/or community resilience programming. Work involves the full range of consultative, advisory, monitoring, management, data collection, analysis, and evaluative services across Afghanistan. The performance will commence o/a October 2024 when all onboarding processes are completed. The place of work for this position is the continental United States (CONUS).

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

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.

XXXXXXX will also be responsible for designing, managing, and evaluating multi-million dollar USAID initiatives promoting democracy and governance that are politically viable, cost-effective, and respond effectively to areas of greatest need and potential. Counterparts include, but are not limited to, U.S., international, and indigenous private voluntary organizations (NGOs/PVOs); international donors; Afghanistan government officials; and legal professionals.

He will manage assigned democracy assistance activities or selected components of complex democracy projects, which are underway or in development in the country, and prepare the scope of work and illustrative budget for new and follow-on activities, evaluations, and other related efforts. He will also review and comment on technical and cost proposals and work plans by prospective and existing implementing partners, monitor performance through written reports, manage a third-party monitoring mechanism, and communicate regularly with implementers and recipients.

XXXXXXX will also assist in reviewing all Mission democracy and governance activities for compliance with U.S. laws, USAID regulations and policies, international law, and bilateral international agreements between the U.S. Government and host country government. He will analyze the policy documents of government and non-governmental organizations of Afghanistan and other donors operating in the country to identify "targets of opportunity” for future USAID interventions in support of democracy and good governance in order to minimize duplication of efforts. On the basis of USAID policy and program objectives, he will prepare technical and policy analyses to evaluate trends in the development of democratic culture and contribute directly to the drafting of annual and semi-annual performance reviews, notifications to Congress, and other required reports.

A complete position description is attached. The total estimated cost of the contract is $165,000.00.

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 the use of the authority cited.

Given the closure of the US Embassy in Kabul and the evacuation of hundreds of staff, the Mission faced the daunting task of re-establishing Mission staffing and infrastructure to facilitate its humanitarian and development objectives in Afghanistan, including within the Office of Democracy, Gender, and Rights (DGR). While following standard contracting procedures for PSCs could take up to one year, the use of limited competition to issue PSCs allows USAID to obtain the services of new qualified staff and/or transition existing staff in an expeditious manner to support programming.

XXXXX possesses a Bachelor’s degree in International and Comparative Politics (ICP) and Public Administration (PA), as well as a Master’s degree in planning and managing programs in post-conflict settings. This educational background has trained him to provide in-depth analysis of projects designed in conflict and/or post-conflict countries such as Afghanistan.

Moreover, over the past several years, he has engaged with several networks of civil society organizations and former government officials in the country, furthering his expert knowledge of the sector and his ability to engage and support those entities further.

He has over eleven years of experience in project management and implementation, budgeting, monitoring, and reporting, including working directly with USAID Afghanistan’s Office of Democracy and Governance. He designed and managed projects with Civil Society organizations, the Ministry of Foreign Affairs, the Parliament, the Independent Directorate of Local Governance, High Peace Council, and Ministry of Women Affairs. Through these engagements, XXXXXXX worked to promote human rights and gender equality, good governance, and peacebuilding.

XXXXXXX has served as the Agreements Officer’s Representative (AOR) and Program Manager, managing multi-million projects in the U.S. government foreign aid funds. He has also supported several other awards as the Team Lead for the Peace, Civil Society, and Governance Portfolio.

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$165,000.00 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.

No formal market research was conducted, and the general costs of an offeror with XXXXXXXX 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 complete and accurate in accordance with the 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

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