Justification and Approval Senior Commodities and Supply Chain Advisor.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION

(J&A)

TO: Nathan Drury, Supervisory Regional Executive Officer/Contracting Officer

FROM: Jeri Dible, Director, Office of Health

DATE: March 5, 2020

SUBJECT: JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION (J&A) FOR AN EXTENSION OF A U.S. PERSONAL SERVICES CONTRACT

(USPSC), 72012118S00002

1. This document sets forth the facts and rationale justifying the use of other than full and open competition, in accordance with AIDAR 706.302-70(b)(5):

This document was prepared by USAID/Ukraine’s Office of Health (OH), for the extension of the period of performance, and corresponding increase in the total estimated cost, of a USPSC contract issued to an off-shore hire Senior Commodity and Supply Chain Advisor.

2. The Nature and/or Description of Action to be Approved:

This is a request to approve a five-month extension of the period of performance and a corresponding increase in the total estimated cost of the USPSC Senior Commodity and Supply Chain Advisor, from its current end date of April 1, 2020 to August 15, 2020. Currently, the incumbent provides services under award number 72012118S00002, which was originally awarded using full and open competition on www.fbo.gov.

3. Description of Supplies or Services Required, including the estimated value:

The Senior Commodity and Supply Chain Advisor is a position fully funded by the President’s Emergency Plan for AIDS Relief (PEPFAR). The Advisor is an expert resource responsible for PEPFAR-Ukraine and USAID-Ukraine program management and monitoring activities related to commodity selection, procurement, and supply chain technical assistance. She represents USG interests regarding commodity security for USG-procured HIV and other health-related commodities, meaning that products are available and accessible and maintained at appropriate quality at designated sites and that they are dispensed to patients according to standards. She is responsible for providing technical leadership for all essential pharmaceutical management and supply chain components, including: (1) product selection (including registration and patent http://www.fbo.gov/ protection issues); (2) quantification and supply planning; (3) procurement; (4) distribution and storage; (5) logistics management information systems; and (6) policies, human and organizational capacity, financial resources mobilization, and monitoring. The Senior Commodities and Supply Chain Advisor liaises with the Ministry of Health, Oblast Health Authorities, UN and Global Fund, and other key USG staff and implementing partners to thoroughly understand their procurement and supply chain needs.

The estimated cost of the extension of this contract from April 1, 2020 to August 15, 2020 is $67,100, bringing the total estimated cost to $406,000.

4. Statutory Authority Permitting Other than Full and Open Competition:

The authority for this action is found in USAID’s Acquisition Regulation (AIDAR) Subpart 706.302-70, which allows USAID to use other than full and open competition 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)(5) allows for an award for the continued provision of highly specialized services when award to another resource would result in substantial additional costs to the Government or would result in unacceptable delays.

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

The incumbent, as a commodity and supply chain expert, provides highly specialized technical and management services in support of PEPFAR’s aim to end the HIV epidemic in Ukraine. The incumbent manages commodity forecasting and procurement for the entire PEPFAR team, including five USG agencies in Ukraine. Preventing stock-outs of life-saving drugs and commodities is an essential element of PEPFAR support to Ukraine. She also serves as a technical expert to the Government of Ukraine on issues related to pharmaceutical procurement reform efforts. The incumbent’s current contract period of performance ends on April 1, 2020.

Based on a continuing need for this position, and in preparation for the end of the current contract period, the Mission solicited for the Senior Commodity and Supply Chain Advisor position through full and open competition. The solicitation (#72012120R00001) was advertised on www.fbo.gov from November 7 to December 8, 2019. After the conclusion of evaluations, the Mission intends to award the follow-on contract to another offeror. However, the apparently successful offeror would not be able to begin work under the contract until mid-August 2020.

Therefore, a gap of approximately almost five months would occur between the departure of the incumbent USPSC and the arrival of the follow-on Senior Commodity and Supply Chain Advisor.

During this gap, the existing PEPFAR commodity portfolio will not have adequate staff to responsibly oversee the investments. No other member of the OH team possesses the unique technical expertise required in this position. In the Senior Commodity and Supply Chain Advisor’s absence, USAID and PEPFAR Ukraine’s ability to procure the necessary life-saving drugs and health commodities needed to effectively end the HIV epidemic in Ukraine would be significantly impaired.

Other alternatives which could provide the required services were considered, such as short term “TDY” staff and institutional contract support. However, these alternative sources were either not available, or would result in additional delays and/or substantially higher costs to the Mission when compared to simply extending the period of performance of the incumbent contractor.

Having considered the requirements and alternatives, USAID has determined that extending the incumbent’s current contract by approximately five months provides the only practicable option for the continued provision of this highly specialized service.

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

In accordance with FAR 5.201 and AIDAR 706.302-70(c), an advanced notice of the proposed contract action was posted on beta.SAM.gov on February 28, 2020. All responses to the notice will be reviewed and considered.

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

The estimated cost of the extension of this PSC contract from April 1, 2020 to August 15, 2020 is $67,100. The estimated cost is based on historical annual costs of the position at the Mission, which is currently classified as a GS-14 equivalent, and is determined to be a fair and reasonable cost to the USG.

8. Other Facts Supporting the Use of Other Than Full and Open Competition:

The incumbent has effectively served in the position for approximately two years, ensuring no stock-outs of life-saving medications in Ukraine.

9. Technical or requirement personnel certification:

In accordance with FAR 6.303-1(c), I hereby certify that the technical statements included above, which form a basis for the justification, are complete and accurate.

_________Signature on-file____________________ ______________________

Technical Office Representative Date

Jeri Dible, Office Director, Office of Health

13. Contracting Officer Certification and Approval:

http://www.fbo.gov/

I hereby certify that the justification is accurate and complete to the best of my knowledge and belief. This J&A is approved in accordance with AIDAR 706.302-70(b)(5).

_________Signature on-file__________________ ________________________

Contracting Officer Date

Nathan Drury, Supervisory Regional Executive Officer

CLEARANCE:

_________Signature on-file__________________ _______________________

Liudmyla Naumenko, HR Assistant Date

_________Signature on-file___________________ _______________________

Randy Ali, Resident Legal Officer Date

_________Signature on-file__________________ ________________________

Sue Kutor, Mission Competition Advocate Date