Justification and Approval - Ross Hicks El Salvador July 2021 Approved.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION (J&A)

TO: Andrew Reese, Regional Executive Officer, REXO

FROM: Craig Riegler, Requesting Office, ROAA

SUBJECT: Justification for Other Than Full and Open Competition (J&A) for the Acquisition of Services for a Contracting and Agreement Advisor

DATE: 06/28/2021

1. This document sets forth the facts and rationale justifying the use of other than full and open competition, in accordance with:

USAID Acquisition Regulation (AIDAR) 706.302-70(a)(2) which states that “full and open competition need not be obtained when it would impair or otherwise have an adverse effect on programs conducted for the purposes of foreign aid, relief, and rehabilitation.” AIDAR 706.302-70(b)(1) states that this authority may be used for an “award under Section 636(a)(3) of the Foreign Assistance Act of 1961, as amended, involving a personal services contractor serving abroad.

This document was prepared by the USAID/El Salvador Regional Office of Acquisition and Assistance (ROAA).

2. The nature and/or description of the action being approved:

This is a request to approve a limited competition award to Ross Hicks to serve as a personal services contractor (PSC) for the U.S. Agency for International Development in El Salvador.

Under this action Ross Hicks will serve as the Senior Regional Contracting and Agreement Advisor (CO/AO). This position requires an Acquisitions and Assistance Warrant. The CO/AO will be expected to provide acquisition and assistance strategy guidance to senior staff, participate in activity designs, prepare solicitations as part of El Salvador’s response to the increased foreign policy focus and likely scale up of funding, and provide senior level coordination on procurement matters with the Northern Triangle missions. This includes providing policy/regulatory guidance, making decisions involving the highest level of the client missions, recommendations to the Mission Directors and Deputy Mission Directors of El Salvador and Nicaragua, as well as participating in discussions with the LAC bureau on achieving programmati objectives through federal procurement mechanisms. Due to the sudden vacancy of the USAID/El Salvador Supervisory Contracting Officer position, the Mission requires experienced and knowledgeable acquisitions and assistance support services for a period of up to four (4) weeks.

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

Under this contracting action Ross Hicks will serve as a CO/AO. The contracting period will be for a period not to exceed four (4) weeks. Estimated costs are a salary negotiated at a rate of $132,552 per annum ($11,046 for the period), in addition to round-trip airfare ($1,200), lodging for the period ($3,584), and pre-contract expenses ($500), for an estimated total of $16,330. The CO/AO assists with acquisition and assistance actions for Nicaragua and El Salvador. He will assist with the management oversight of the ROAA, award and administration of contracts and grants across multiple countries, and various technical sectors, advancing teamwork, and supporting staff professional development. He will support the technical teams in procurement-related matters.

As a technical resource and advisor, advises on and backstops foreign development assistance activities in the area of contracting and procurement. Supports contracting and procurement activities by reviewing and analyzing data and providing assistance and advice on contracting and procurement issues. Assists in formulating, coordinating, and managing strategy, policies, concepts, procedures, guidelines, and models for establishing and implementing contracting programs. Analyzes constraints to development, both sector-wide and country-specific, and recommends courses of action. Coordinates assigned activities with other USAID organizations, the Department of State, other USG agencies, and host country officials.

The CO/AO serves as a technical resource, assisting in the planning for a broad range of contracting and procurement activities, including participating in the formation of policies and guidelines to further contracting and procurement activities in the geographic area; and coordinating program development, implementation, and performance monitoring plans.

Provides technical guidance and assistance in the negotiation and awarding of contracts and grants. Acts as a liaison with counterparts in other USAID regional and central bureaus, on behalf of the organization, to develop agency-wide policies, strategies, performance indicators, assessments, and evaluations of programs.

In support of Program Development and Management, the CO/AO accomplishes work related to the conceptualization, design, documentation, and/or management of centrally administered contracting and procurement programs/projects. Programs/projects may be targeted toward a specific country/situation, or they may be targeted to a specific development problem. Develops concept papers, project authorizations, and project amendments, in line with Agency regulations and guidance. Contributes to the development of USAID's contracting strategy and design.

Participates and assists in the development of plans and programs for technical assistance, capital assistance, and other activities within the contracting sector.

4. Statutory authority permitting other than full and open competition:

AIDAR 706.302-70(a)(2) states that “full and open competition need not be obtained when it would impair or otherwise have an adverse effect on programs conducted for the purposes of foreign aid, relief, and rehabilitation.”

AIDAR 706.302-70(b)(1) states that this authority may be used for an “award under Section 636(a)(3) of the Foreign Assistance Act of 1961, as amended, involving a personal services contractor serving abroad.”

AIDAR 706.302-70(c) provides the following limitations on use of this authority: "(1) A contract awarded using the authority in paragraph (a) of this section must be supported by the written justification and approval (J&As) described in (48 CFR) FAR 6.303 and 6.304 . . . (2) Proposals must be requested from as many potential offerors as is practicable under the circumstances . . . (3) . . . when the authorities at 706.302-70(b)(1) through 706.30-70(b)(3) are used, advanced notice of the proposed contract action is not required in accordance with (48

CFR) AIDAR 705.202.”

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

Ross Hicks served as a FSO for over 18 years with USAID, with 7 years in the capacity of a CO/AO. Ross Hicks’ prior experience includes having served in El Salvador, and as the USAID Nicaragua Contracting Officer (managing a $120 million portfolio) for three years, while simultaneously handling new awards and administrative actions. Ross Hicks managed the Democracy and Governance acquisition and assistance portfolios, regional and bilateral, for USAID El Salvador for approximately six months in 2015/2016 ($330 million), and the Economic Growth portfolio ($197 million), regional and bilateral, for USAID El Salvador for approximately six months in 2018. Ross Hicks also worked with various types of acquisition instruments, including fixed price/economic price adjustment construction contracts, task orders, Mission-solicited cost-plus fixed fee completion type contracts, purchase orders, commercial items purchase orders, request for quotes, requests for proposals, and request for task order proposals. In addition, Ross Hicks worked with assistance awards generated from Mission Annual Program Statements (APSs), the Agency’s GDA APSs, and Mission Notices of Funding Opportunities for various assistance type awards including cooperative agreements, Public International Organization agreements, and Participating Agency Services agreements.

Qualifications for the Contracting Officer position in El Salvador include a bachelor’s degree equivalent in a relevant major (i.e. business, contracting, legal); minimum of 15 years of progressively responsible duties in an overseas A&A office. A high level of analytical skills and sound judgment; ability to apply for and receive ad-hoc warrants; a thorough knowledge of laws, regulations, policies, and procedures governing USG development and humanitarian programs; a thorough understanding of overseas project planning and implementation procedures in addition to overseas organization and operations in general.

Ross Hicks fulfills all of the qualifications to act as a Contracting Officer for USAID/El Salvador as outlined in his resume.

It is critical for USAID/El Salvador to have a CO/AO in place that can assist in ensuring the stability of new and ongoing activities. USAID/El Salvador does not currently have a Contracting Officer who can fill the position for this period of time. Ross Hicks’ prior experience demonstrates a history of performing those duties and responsibilities that are unique and specialized to not only the operations of USAID and the U.S. Government, but also in the context of programs that support the Northern Triangle region. In such capacities, Ross Hicks is uniquely qualified to meet this Mission critical need.

6. Description of the efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by Federal Acquisition Regulation (FAR) 5.2 [AIDAR 705.2].

The Contracting Officer solicited expressions of interest directly from potentially qualified COs/AOs, and also sought sources via internal agency channels and third party sources to identify qualified and available candidates, who were capable of performing the requisite A&A functions. Contacted candidates either declined to participate in the contracting process or were non-responsive. Ross Hicks was responsive to the inquiry to serve in USAID/El Salvador for a total of four (4) weeks, and confirmed his availability for the period required by the Mission.

7. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable:

The scope of duties for the position were evaluated using the classification standards for general schedule positions, and agency practices following position level benchmarks for USPSCs.

Further, secondary evaluation of the duties was performed using the factor evaluations standards, to cross-reference the proposed salary range, which was determined to be at the GS-15 rate. In discussions with the selected candidate, salary negotiations took into consideration previous salary history, cost of living increases, inflation, annual pay increases for federal salaries, and the experience and education the candidate possessed having served as a senior level CO/AO. As such, it was determined that the proposed salary of $132,552 per annum ($11,046 for the period), which is within the GS-15 benchmark salary range, was fair and reasonable. Estimated costs of salary, with round-trip airfare ($1,200), lodging for the period ($3,584), and pre-contract expenses ($500), for an estimated total of $16,380, were determined to be reasonable based on commercial airfare rates and the lodging portion of per diem, and short turnaround for pre-contract actions.

8. Description of the market research conducted, and the results or a statement of the reasons market research was not conducted:

The Contracting Officer solicited expressions of interest directly from potentially qualified COs/AOs. A review of contractors that possessed prior relevant, requisite experiences and skill sets was performed. Sources were also sought via internal agency channels and third party sources to identify qualified and available candidates, who were capable of performing the requisite A&A functions, and obtaining the requisite CO/AO warrant.

9. Other facts supporting the use of other than full and open competition:

As noted above, it is critical for USAID/El Salvador to have an experienced and warranted CO/AO to ensure the continuity of ongoing activities, and the implementation of new ones in support of Northern Triangle regional programs. USAID/El Salvador does not currently have a Contracting Officer who can fill the position for the required period of performance. In addition, the Mission was unable to find another suitable and qualified candidate given the limited time imposed by operational constraints and the need for immediate support. The Mission also pursued several various combinations of remote support, temporary duty support, or combinations thereof for coverage, but was unsuccessful in identifying an available, qualified candidate in time to meet the need for the required services.

10. Sources, if any, that expressed an interest, in writing, in the acquisition:

The Contracting Officer solicited three (3) potentially qualified COs/AOs. The candidates that were contacted by EXO either declined to participate in the contracting process, were otherwise unavailable, or were non-responsive. Ross Hicks was responsive to the inquiry to serve in USAID/El Salvador for a total of four (4) weeks, and confirmed his availability in writing, for the period required by the Mission.

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:

USAID/El Salvador will endeavor to initiate acquisition planning as far in advance as possible, and to solicit future requirements through full and open competition to the maximum extent practicable, insofar as requirements may be met, based on Mission needs and constraints.

12. Technical or requirement personnel certification:

In accordance with FAR 6.303.1(c), I hereby certify that the technical statements included above and which form a basis for the justification are complete and accurate.

___Clearance Provided via Email - CR___________ _____6/29/21______ Craig Riegler, Regional Office of Acquisition and Assistance Date

13. Clearances:

___Clearance Provided via Email - ATG___________ _____7/15/21______ Alexis Taylor-Granados, Resident Legal Officer Date

___Clearance Provided via Email - CNS___________ ______7/15/21______ Christopher Schaffer, Acting Deputy Mission Director Date Mission Competition Advocate

14. Contracting Officer Certifications:

By approving below, I hereby certify that the justification is accurate and complete to the best of my knowledge and belief.

( X ) Approved ( ) Disapproved

Andrew Reese, Regional Executive Officer Date