Justification for other than full and open competition.pdf

TO: Cynthia Rogers, Supervisory Regional Executive Officer

FR: Gagik Melkumyan, Director, Regional Financial Management Office

DATE: 03/23/2021

SUBJECT: JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION (J&A)

FOR USAID/GEORGIA’S SENIOR FINANCIAL MANAGEMENT ADVISOR U.S. PERSONAL

SERVICES CONTRACT (USPSC) POSITION

1. This document sets forth the facts and rationale justifying the use of other than full and open competition for the procurement of a short-term, Offshore U.S. Personal Services Contract (USPSC) position of Senior Financial Management Advisor, in accordance with USAID's Acquisition Regulation (AIDAR) 706.302-70(b)(1). This document was prepared by USAID/Georgia’s Office of Financial Management (OFM) for the procurement of personal service contract.

2. Nature and Description of Action to be Approved:

This is a request to approve the award of a short-term USPSC, without full and open competition, to Steve Crabtree. Under this action, Steve Crabtree will serve as the Senior Financial Management Advisor in USAID/Caucasus for a three- month period, with an option for an extension up to six months.

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

During the summer transition process and as necessary, the USPSC Senior Financial Management Advisor will support and oversee the Regional Controller’s office, which is responsible for all regional financial management operations including budgeting, accounting, financial analysis, financial and progress reporting, risk and audit management.

The Regional Controller’s office provides full financial management services to three Caucasian countries (Armenia, Georgia and Azerbaijan). Major duties and responsibilities of the Senior Financial Management Advisor will be as follows:

1. Serves as principal manager for all financial management systems, practices and procedures.

Responsible for planning, directing, and administering a comprehensive accounting, reporting and budgeting systems designed to provide senior Mission management with timely financial information for making operating decisions.

2. Guides financial management of all appropriated funds available to USAID/Caucasus, Armenia and Azerbaijan, including implementation of internal accounting controls to safeguard those funds and other USAID assets. Oversees operations to ensure effective use and accountability of all USAID-financed assistance.

3. Oversees the formulation and preparation of the annual operating expense budget; analyzes proposed forward funding and existing obligation pipelines. For current year budgets and allowed funds, assures effective management and funds controls are applied over operating expense and program funds.

4. Coordinates implementation of Federal Managers Financial Integrity Act (FMFIA) internal control review process and Enterprise Rik Management (ERM) assessment. Identifies the appropriate accountability units and operating environment within the three Missions. Leads the Missions in the assessment of risks and development of control techniques, and ensures compliance with reporting requirements.

5. Serves as the USAID/Caucasus and client Missions focal point for audit activities including identifying requirements and developing audit plans, reviewing all audit and inspection reports from the RIG, and reviewing actions to be taken in response to the findings and recommendations.

11 George Balanchine Street Tbilisi 0131, Georgia Tel: (995 32) 254 4000 Fax: (995 32) 254 4145 georgia.usaid.gov

Manages the financial audit program for host country recipient organizations.

6. Is responsible for conducting pre-award assessments of proposed award recipients and financial reviews of awardees. Provides leadership to enhance the financial management capacity of local partner organizations.

7. Assesses the operations of the Payments section to identify opportunities for best practices to maximize efficiency. Assists in the establishment of business processes to enhance USAID/Caucasus, Armenia and Azerbaijan as a value-added provider of financial information and services to USAID as well as our partners and stakeholders.

8. Provides direct support to the Chief Accountants (CA) in Armenia and Georgia in supervision and management skills to ensure the Administrative Budgeting, Accounting and Payments Sections run effectively and efficiently.

9. Is supportive to staff development and training for all regional OFM staff.

10. Serves as the Mission’s authorized certifying officer. Takes the lead in resolving method of payment, cash management, cost reasonableness and disbursement issues for projects

11. Provides Mission staff with assistance and advice relative to USAID financial management regulations and procedures. Contributes to Mission-wide policy and strategy formulation, staff development and resource management decisions.

12. Participates in the analysis of the International Cooperative Administrative Support Services (ICASS) budget and serves as a USAID member in the ICASS Budget Committee; coordinates with Mission management on ICASS matters, including ICASS invoice review.

The estimated cost of the three-month contract is up to $50,000.00

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

Paragraph (a)(2) of AIDAR 706.302-70, “Impairment of foreign aid programs,” provides that “[f]ull 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) provides 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 conditions 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 706.302-70(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 requires the use of the authority cited:

The Mission requires highly specialized services from a Senior Financial Management Advisor who has experience working with USAID systems (GLAAS, ASSIST, WebTA) and USAID regulations (ADS) and policies and has the ability to manage and oversee USAID FSN staff to ensure compliance with the USAID-specific financial management regulations, practices and systems in three USAID Missions. Given the limited duration of the contract, the Senior Financial Manager Advisor, must have these skills upon entering the position. Due to the highly specialized nature of the skills and experience required for someone that can serve as a Senior Financial Management Advisor, there are only a limited number of individuals capable of meeting the minimum qualifications and successfully providing the required services. Per consultations with M/CFO, the Mission has identified four highly

Tel: (995 32) 254 4000 Fax: (995 32) 254 4145 georgia.usaid.gov qualified candidates, who have over thirty years of professional experience working in international development as well as substantial experience in working and living overseas with USAID. They are approved by M/CFO and recommended by references. The proposed contractor has over 30 years of accounting and financial management experience with USAID and other federal agencies. In addition, he has served as Controller at some of USAID’s most challenging posts including Pakistan, Liberia, and Egypt. His wealth of experience at USAID overseas missions and the CFO’s Office makes him uniquely qualified to serve as USAID/Georgia’s Senior Financial Management Advisor.

6. Description of efforts made to ensure offers are solicited from as many potential sources as is practicable, and whether or not a notice was or will be publicized as required by the Federal Acquisition Regulation (FAR) 5.202 (If not, which exception to FAR 5.202 applies):

Consultations with M/CFO indicate that only a limited number of individuals are capable of successfully providing the services, due to the highly specialized nature of the knowledge, skills, and abilities required.

Working with the M/CFO, OFM identified four individuals who are known or believed to possess the required USAID knowledge, skills, and abilities. The Mission solicited offers from these individuals. After detailed reviews of candidates’ CVs, applications and references, only one candidate, Mr. Steve Crabtree, was considered qualified and available. The other three candidates were not available to provide services during the expected period of performance.

In accordance with FAR 5.202(b) and AIDAR 705.202, an advanced notice of the proposed contract action is not required and was not publicized.

7. A determination by the Contracting Officer that the anticipated cost is fair and reasonable:

The estimated cost is considered to be a fair and reasonable, and is based on the position level and GS- 15 (equivalent) market value established in accordance with Agency regulation.

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

OFM worked with M/CFO to identify several individuals known, or believed to be, highly qualified and capable of successfully providing the required services.

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

N/A

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

N/A

11. Statement of actions, if any, the Agency may take to overcome barriers to competition in the future:

Future requirements of this nature may again be solicited using limited competition. However, the high turnover of USDH staff will likely provide additional professional networks that can identify other potentially highly-qualified sources.

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 complement and accurate.

Technical Office Representative Date

Tel: (995 32) 254 4000 Fax: (995 32) 254 4145 georgia.usaid.gov

Gagik Melkumyan, Regional Controller

13. Contracting Officer Certification:

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

Approved Disapproved

Cynthia B. Rogers, Contracting Officer Date

Clearances:

Clearances:

Denise Manning ____________Cleared by email__ Date: 3/30/2021___ Resident Legal Officer

Laura Berger ___Clear by email______ Date: 3/26/2021