Justification for other than full competition WP.pdf

TO: David Strine, Supervisory Regional Executive Officer

FR: Marika Olson, Director, Economic Growth Office

DATE: 17 May 2022

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

FOR USAID/GEORGIA’S ECONOMIC GROWTH 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 Economic Growth Advisor (EGA), in accordance with USAID's Acquisition Regulation (AIDAR) 706.302-70(b)(1). This document was prepared by USAID/Georgia’s Economic Growth (EG) Office for the procurement of a 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 Bill Patterson. Under this action, Bill Patterson will serve as the EGA 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):

The EGA will provide significant management, leadership, and technical support to EG. Further, he will be responsible for supporting the EG Office to meet its goals during the anticipated quick-turnaround response to the Ukraine supplemental, and will be relied upon for technical knowledge and experience. The work involves many different, complex and interrelated processes with unknown conditions that require the development of new theories to resolve critical problems. The EGA will report directly to the Director of the EG office, or his delegate, but will communicate significantly with the Mission’s Front Office and Mission Director. Specific activities for the EGA include but are not limited to:

1. Provide leadership support and mentorship to EG Office personnel during the summer leave season.

Proactively engage with all levels of EG staff to support the team in meeting goals, objectives, and expectations. Proactively identify opportunities for improved functioning of the EG Office.

2. Provide strategic and technical direction for the development of new EG procurements. These procurements will include those that are responsive to the Ukraine supplemental as well as the existing planned development of the three ‘green’ climate-oriented programs, including the follow-ons for Agriculture and Economic Security, as well as the Transport and Logistics program.

3. Represent the Mission with internal and external stakeholders to identify new opportunities for greater engagement in pursuit of shared goals around the new procurements. This may include meetings with the Georgian Government, including the Ministry of Economy and Sustainable Development, Ministry of Environmental Protection, Ministry of Rural Development and Infrastructure and Agriculture, as well as the Political and Economic (POL/ECON) section of the U.S. Embassy in Georgia.

4. Position is not expected to serve as AOR/COR but may be required to backstop management on EG related policy and programmatic documentation involving the U.S. Embassy Front Office, inter-agency, and the Europe & Eurasia (E&E) Bureau, including extensive drafting of briefing materials, event scenarios, action memos, operational reports, budget justifications, etc.

The estimated cost of the contract if the full extension is exercised is up to $140,536.

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

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

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 an EGA 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. This position requires highly developed interpersonal skills while supporting USAID staff and liaising with the Embassy, implementing partners, and government and private sector partners. The work involves many different, complex and interrelated processes with unknown conditions that require the development of new theories to resolve critical problems.

Given the limited duration of the contract, the EGA 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 EGA, there are only a limited number of individuals capable of meeting the minimum qualifications and successfully providing the required services. As such, the EG Office Director, in consultation with the Mission Front Office, requests to re-hire the same candidate, Mr. Bill Patterson, who successfully served in a similar capacity in 2021, having been chosen from the “STAR Roster” maintained by USAID/Washington for the purposes of short term advisory and support services, as required by the solicitation.

Mr. Patterson has 18 years’ experience working in international development and living overseas with USAID, focusing on economic growth and agriculture, central to the EG Office’s functions. He has demonstrated experience in managing a complex office environment, and in mentoring team members, including serving as Deputy Mission Director in Iraq. He also has extensive work in the kinds of communications necessary to maintain the EG Office’s profile with stakeholders, including experience talking to the media. He was highly recommended by his references. His wealth of experience at USAID overseas missions, including serving as the USAID/Georgia EGA in 2021, makes him uniquely qualified to serve in this position in 2022.

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):

At the time of the original solicitation in 2021, due to the highly specialized nature of the knowledge, skills, and abilities required, only those candidates available on the STAR Roster maintained by USAID/Washington with relevant experience were considered. Working with USAID/Georgia’s EXO and Front Office, the EG Office Director identified three (3) who are known or believed to possess the required USAID knowledge, skills, and abilities. The Mission solicited offers from these individuals. Only one candidate, Mr. Bill Patterson, was considered qualified and available.

The EG Office requests that, given the continued applicability of the description of highly specialized nature of the requirements, and Mr. Patterson’s demonstrated ability to carry them out, that this justification be considered sufficient.

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

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 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 Marika Olson, Director, Office of Economic Growth

13. Contracting Officer Certification:

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

Approved Disapproved

__Approved via Email 5/25/22_________ _________________________ David Strine, Contracting Officer Date

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

Clearances:

Denise Manning Cleared via email 25 May 2022 Resident Legal Officer

David Hoffman Cleared via email 27 May 2022 Deputy Mission Director