JnA for Senior HR Specialist.pdf

JUSTIFICATION AND APPROVAL FOR EXPEDITED PROCEDURES PACKAGE

TO: Francis Hall, Contracting Officer

CC: Deborah Broderick, Agency Competition Advocate

FROM: Julie Lamadrid, Executive Officer

DATE: April 20, 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:

As a result of the evacuation of the US Embassy in Kabul and the termination of contracts of all

Foreign Service National (FSN) Staff who were evacuated, the Executive Office (EXO) requests the Contracting Officer to approve the use of the EPP to hire Mr. xxxxxxxx under a Personal

Services Contract for the Senior Human Resource Specialist position (SOL72030622R00008) for a base period of one year. Performance will commence o/a May 2022 or when all clearance and 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).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

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

The Senior Human Resources Specialist will serve in a unique and highly specialized senior role and will be an expert on a broad variety of human resources procedures and systems. The

Specialist position is responsible for leading the support in all aspects of HR for

USAID/Afghanistan. Due to the high level of expertise required for this role, the incumbent is expected to perform most duties independently and recommend solutions to complex situations using broad human resources and logistics management knowledge, concepts, and principles.

The Senior HR Specialist reports to the Executive Officer and provides daily guidance to HR staff. The incumbent will serve as back up for other members of the HR team when on leave and thus must maintain knowledge of all issues affecting HR operations. The incumbent assists the

EXO in planning, directing, and administering the full range of personnel services provided to

U.S. Direct Hires (USDH).

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

$151,267.00.

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 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.

The incumbent, Mr. xxxxxxx, served in this specific and highly specialized senior role with

USAID/Afghanistan for over 10 years. His experience and history make him uniquely qualified for this position. He possesses professional experience with USAID and International

Organizations in human resources management, customer support services, and administrative affairs. Mr. xxxxxxxx has dealt with all areas of Human Capital Management including

Employee Resourcing, Rewarding, Performance Management, Training and Development, Contract Administration, Position Management, Health and Safety. He also has proven competence in cross-cultural interpersonal relations and is effective in both team-centered and individual work environments. As the lead human resources specialist, Mr. xxxxxxx has experience with many of the specialized knowledge areas required for this position, including

Position Management, Cooperative Country National (CCN) position classification, US Direct

Hire HR Services. He has provided advice and technical assistance to the mission staff on HR policies, and substantive rules and regulation, pay & benefits practices, health plan, leave policy, and other entitlements. During his professional tenure, Mr. xxxxxxx closely worked with

Executive Officers on various HR-related functions and supported and oversaw recruitment training & awards, and contract management teams. He also generated staffing reports and provided analysis for the Mission leadership and embassy management.

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.

After the evacuation from Afghanistan, all but six of the Executive Office’s FSNs were relocated to the United States where they began the process of immigration. Since that time, and due to the volume of work, only the most critical items have been attended to by a handful of USDH and

TCN Mission staff, which puts the Mission at increasingly operational and programmatic risk.

This vulnerability is further magnified by the high rate of turnover in Foreign Service Officers

(FSOs), the absence of the stabilizing presence of FSNs who provide continuity and knowledge transfer, and the particularly critical need within the Executive Office to continuously monitor and report on statutory requirements that exceed life-cycles beyond a decade. Consequently, it is imperative USAID/Afghanistan employ a seasoned Human Resources Specialist who will help ensure the Mission’s compliance with the human resources policies and procedures.

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

A full and open competition solicitation would impair the EXO’s ability to meet the demanding needs within the office at this time. 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 position was solicited to 151 former FSNs for expressions of interest in providing the services highlighted in the solicitation and a total of one (1) applicant applied but did not meet the eligibility requirements. The solicitation was then expanded to Mr. xxxxxxx, a former FSNs who had earlier obtained his SIV.

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

USD151,267.00 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.

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

xxxxxxx’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.

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.

Upon issuance of the solicitation to the entire network of Afghans who previously served as

Foreign Service Nationals, a total of one (1) candidate expressed interest in the acquisition. The one (1) candidate did not meet the minimum requirement of the position. Another solicitation was then sent out to Mr. xxxxxxx who expressed interest in the acquisition.

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 this award 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 EPP titled

Expedited Acquisition and Assistance Procedures for Afghanistan approved December 9, 2021

(attached).

Technical Officer Date

13. General Council 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