REACT USOSCE - JA -9-23-2022 SAM.pdf

Contract No. SAQMMA17C0141

J&A for an Extension

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

1. Identification of the agency and the contracting activity:

The Department of State, Office of Acquisitions Management (AQM), on behalf of the Bureau of

European Affairs, Office of Regional and Political Military Affairs (EUR/RPM), is conducting this acquisition for a six (6) - month period extension. This extension of contract No.

SAQMMA17C0141 is to allow performance through May 19, 2023.

2. Nature and/or description of the action being approved.

The contract No. SAQMMA17C0141 awarded to PAE GOVERNMENT SERVICES, INC.DBA: P A E when initially awarded included one twelve (12) months base period and four

(4) option periods. With Modification P00015, FAR Clause 52.217-8, Option to Extend Services was included and exercised. By exercising this extension, the current period of performance is set to expire on November 19, 2022. With coming Modification P00017, a new six-month extension is being requested and this will allow Contract No. SAQMMA17C0141 a new expiration date of

May 19, 2023.

The solicitation for successor contract is in the planning state. The Bureau of European Affairs and AQM are planning to re-compete the requirement upon completion of this six-month extension ending May 19, 2023. The Bureau of European Affairs, Office of Regional and Political Military

Affairs and AQM are planning to compete the requirement. The new solicitation is tentatively planned for issuance around middle November to be awarded earlier in calendar year 2023.

This extension to the existing contract is needed to allow EUR time to properly define and compete future solicitation requirements. Without an extension, ongoing U.S. support to the entire OSCE, including its critical field missions in the Balkans, Moldova and Central Asia would cease, which would lead to negative impacts to U.S. peace and security goals in the OSCE space.

3. A description of the supplies or services required to meet the Department’s needs.

This requirement is to provide contractor support services to be performed in support of the USG participation of the OSCE/ODIHR (Office for Democratic Institutions and Human Rights) activities to include secondments in the OSCE Secretariat, Institutions and Field Missions and recruitment, selection, and assignment of election observers to ODIHR election observation missions.

Currently, there are approximately 40 personnel who are actively assigned as seconded personnel in the OSCE serving in a wide variety of positions. Active assignments are in Vienna, Austria, where the OSCE headquarters is located and in 13 separate countries in OSCE field missions and institutions’ headquarters. The Department of State requirements for the categories and field levels identified in this requirement may evolve in response to economic and political circumstances.

4. Authority permitting a Fair Opportunity Exception and the supporting rationale.

This acquisition is conducted pursuant to 41 U.S.C. 4103 and 4106 as implemented by FAR

16.505(b)(2) and substantiated by the following:

☒ FAR 16.505(b)(2)(i)(C) – The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

The USG competed the Solicitation through www.fbo.gov for the subject Contract

SAQMMA17C0141.

The current contract holder, PAE, provides provide critical personnel services in support of the

U.S. government secondments to the OSCE. Without the continuation of this support, the U.S.

government will be unable to sustain the employment of secondees assigned to the OSCE and could not deploy election observers as requested by ODIHR. An immediate cessation of services would negatively impact the U.S. government’s relationship with the OSCE’s 56 other participating States and OSCE’s institutions and field missions, many of which heavily rely on

U.S. secondees’ expertise in democracy, rule of law and justice and other fields.

Transition to another contractor for this short time frame is not possible and would result in multiple months of no support to the OSCE.

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

The Contracting Officer determines that the anticipated price(s) will be fair and reasonable since the rates will not be changed. In addition, the Contracting Officer has already conducted cost analysis and the Cost Analyst certified that rates were fair and reasonable after negotiations.

However, if needed, the Contracting Officer will conduct cost analysis to any offer submitted by

PAE and coordinate with the EUR Technical Team and COR as appropriate on the evaluation of costs fairness and reasonability as appropriate for any contractual action for this extension period.

http://www.fbo.gov/

6. Any other facts supporting the justification

The current contract was announced and competed via Federal Business Opportunities.

7. Actions the agency May Take to Remove or Overcome Any Barriers to increase

Fair Opportunity before any subsequent acquisitions for the supplies or services is made.

Any follow-on requirement will be competed in compliance with US Department of State’s acquisition procedures and policies.

CERTIFICATIONS

CONTRACTING OFFICER CERTIFICATION (FAR 16.505(b)(2)(ii)(C)(1))

I certify that this submission is accurate to the best of my knowledge, and that it contains complete information necessary to enable other officials to make an informed recommendation for approval or disapproval.