JnA Development Program Specialist (Environment).pdf

UNCLASSIFIED

JUSTIFICATION AND APPROVAL

TO: Julie Lamadrid, Contracting Officer

CC: Deborah Broderick, Agency Competition Advocate

FROM: Patrick Goodwin, Director/Deputy Director – Office of Program and

Project Development (OPPD)

DATE: July 18, 2022

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 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.

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.

2. 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 Office of Program and Project

(OPPD) requests that the Contracting Officer approve the use of the EPP to hire Mr. xxxxxxx xxxxx under a Personal Services Contract for the Development Program Specialist

(Environment) position for a base period of one year with two additional option years1.

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

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

The place of work for this position is continental United States (CONUS). This is a remote work position to be carried out from continental United States (CONUS).

3. A description of the supplies or services required to meet USAID’s needs (including the 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 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.

Duties to be performed include the following:

•The incumbent assists with all environmental matters and the oversight of all USAID environmental programs and activities. He/she assists with the implementation of new activities in the environment field and helps prepare and review environmental analyses, assessments, and statements required for Mission programs.

•The incumbent ensures that Mission technical offices comply with all USAID environmental regulations, in particular 22 CFR Part 216 (Reg. 216). This responsibility includes assisting with the regular training of USAID and contractor staff, as well as the regular monitoring of environmental activities in collaboration with AORs, CORs and Activity Managers, and organizing and conducting training and briefings independently.

•The incumbent works to report on Mission environmental compliance and may be tasked with assisting with USAID and United State Government (USG) special initiatives in the environmental sector.

•The USAID Development Program Specialist is responsible for developing and maintaining close and cordial contacts with officials involved with environmental issues in all cognizant ministries, including the National Environmental Protection Agency.

•The incumbent is also responsible for establishing good working relationships with the U.S.

Private Voluntary Organization (PVO) and NGO community, especially organizations working with the environment, thus keeping the Mission apprised of all important developments in the environment sector, and proactively identifying problems before they occur or in their early stages of development.

•The Specialist ensures the Mission portfolio of programs/projects/activities are in compliance with Reg. 216, USAID Environmental Procedures, and with host-country government environmental and social safeguard regulations. The Specialist provides guidance to the Front Office, Technical Offices, Agreement Officer’s

Representatives/Contracting Officer’s Representatives (AORs/CORs), and IPs on environmentally sensitive work.

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.

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A complete position description is attached. The estimated value of the contract is

$131,408.00

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 entitled “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.

Due to the Mission’s critical staffing shortages as a result of the sudden Embassy evacuation in 2021, the EPP authority is necessary to fill this critical role.

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

The solicitation was publicized on June 24th, 2022 to 154 former FSNs for expressions of interest in providing these services and Mr. xxxxx is the most qualified and prepared applicant. Due to critical shortages by the Mission, the EPP affords the Mission the authority to use other than full and open competition in the recruitment and hiring process.

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 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$131,408.00 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 Mr.

xxxxx’s 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. Also, due to critical staffing shortages by the Mission, the EPP affords the Mission the authority to circumvent the normal recruitment process.

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.

There were a total of five sources that expressed an interest in writing.

11. The actions the agency may take to remove or overcome any barriers to competition before any subsequent acquisition of the supplies or services required.

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

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 Officer Date

13. Resident Legal Office Clearance:

RLO 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.

Contracting Officer Date: