JnA for Program Management Specialist Local Development.pdf

JUSTIFICATION AND APPROVAL FOR EXPEDITED PROCEDURES PACKAGE

TO: Julie Lamadrid, Contracting Officer

CC: Deborah Broderick, Agency Competition Advocate

FROM: Stephen Kelley, Deputy Office Director, Office of Democracy, Gender, and

Rights

DATE: May 19, 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 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 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:

This is a request to approve limited competition for the award of a Personal Services Contract for one year, with the option to extend for two years1, to Mr. XXXXX XXXXXXXX for an

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 estimated value of $151,267.00. Under this action Mr. XXXXX XXXXXXXX will provide personal services to USAID Afghanistan as a Program 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. This is a remote work position to be carried out from the continental United States

(CONUS).

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

Mr. XXXXX XXXXXXXX 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, and monitor performance through written reports, management of a third-party monitoring mechanism, and regular communication with implementers and recipients.

Mr. XXXXX XXXXXXXX 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.

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 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.

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.

Given the closure of the US Embassy in Kabul and evacuation of hundreds of staff, the Mission faces 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). DGR seeks to utilize the authorities granted in the (EPP to hire staff directly as USPSCs in order to utilize the skills and knowledge of the FSN staff members previously employed in the DG office who were evacuated to the United States. 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. Moreover, limiting competition to bring on the former Afghan FSN as USPSCs will allow DGR 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.

Mr. XXXXX XXXXXXXX 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 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 further engage and support those entities.

He has over nine 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 the Civil Society organizations, the Ministry of Foreign Affairs, Parliament, Independent Directorate of Local

Governance, High Peace Council, and Ministry of Women Affairs. Through these engagements, Mr. XXXXX XXXXXXXX worked to promote human rights and gender equality, good governance, and peace-building.

Mr. XXXXX XXXXXXXX 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 supported several other awards as the Team Lead for the Peace, Civil Society and

Governance Portfolio. In particular, he played a key role in the design of a $19 million award for

Afghanistan Peace Support Activity in July 2021.

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

As noted above, this procurement action was limited to former Afghan FSNs who were evacuated from the country after the fall of the previous government on or about August 25, 2021. The solicitation for a personal services contract was accordingly shared with all

(approximately 150) former FSNs evacuated from Afghanistan.

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

$151,267.00 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 staffing needs of the Afghanistan Mission reflected in the current procurement resulted from the urgent and unforeseen rapid evacuation of the U.S. Embassy in Kabul in August 2021. At that time, all previously active democracy and governance, and gender, FSNs (14 in total) were put on administrative leave; and those who were evacuated resigned effective November 29, 2021. Accordingly, the Mission understood both the needs of the agency to procure experienced and knowledgeable staff for Afghanistan, as well as the potential bidders with the background and expertise among those evacuated and resigned as a result of the closure of the U.S. Embassy.

Accordingly, formal market research was not necessary to understand the requirements or the availability of bidders.

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.

In addition to Mr. XXXXX XXXXXXXX, three additional sources expressed interest in the personal service contract to meet the needs of the current acquisition. Each of the four potential sources were evaluated based on the following criteria, as described in the solicitation:

1. Background and experience in designing and managing democracy and governance programs in Afghanistan;

2. Demonstrated ability to produce high quality written reports and analysis for the different audiences on democracy and governance or related issues;

3. Demonstrated ability and skills to interpret project development related policies and procedures, technical aspects of the project and communicate with the stakeholders;

4. Demonstrated ability and skills to understand and analyze a democracy and governance project in Afghanistan, develop mitigation and contingency plans for the project and advise stakeholders.

Based upon the review of the qualifications and experience of each source, Mr. XXXXX

XXXXXXXX was identified as the most qualified source.

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:

Future requirements will be competed through full and open competition.

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. General Council Clearance:

Senior Legal Advisor 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.

Julie Lamadrid, Contracting Officer Date