J and A Short Term EXO MS.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION

(J&A)

TO: AMY LARSEN, CONTRACTING OFFICER

THRU: CARELL LAURENT, ACTIVITY COMPETITION ADVOCATE

FROM: GUADALUPE RAMIREZ, ACTING SUPERVISORY EXO

SUBJECT: JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION (J&A)

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(a), Impairment of Foreign Aid Programs. Under this provision, “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.” It is applicable under Section (b)(1) “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 USAID/West Africa/Regional Executive Office and the resulting contract will be awarded by the Regional Acquisition and Assistance Office.

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

This is a request to approve an eleven-month total period of performance for a USPSC specialized services award to Mr. Michael Sampson. The total estimated cost for the 11 months period is $310,115.44 comprising contract costs of $188,205.44 and support costs of $121,910.00. Operating Expense will be used to fund this contract. Under this action, Mr.

Michael Sampson will provide personal services to the Regional Executive Office. See Position Description for full details.

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.

The authority can 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(b)(1)]. Failure to procure the services required will result in longer contract processing times, longer human resources recruitment timelines, less ability to support onboarding, reduced ability to support technical teams’ requests, and less tracking of expenditures. It is envisioned that the incumbent will use an existing Contracting warrant to assist with recruitment, contracting, and General Services. In Cameroon, the current administrative assistant will continue to do two jobs--that of Executive Specialist and that of administrative assistant. It is expected that the incumbent will oversee the responsibilities of the recently-departed Executive Specialist until that person is onboard and trained.

USPSC – Michael Sampson

Once the US Embassy transitions to Phase 3, the incumbent will be expected to provide in-person services in West Africa. The Mission needs in-person support with long-standing projects such as procuring warehouse space for USAID goods and helping with decommissioning of TCN housing.

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

The incumbent will report directly to the Supervisory Executive Officer and serves the mission on the full range of support services, activities, and oversight to the complex daily operations of the REXO. The USPSC will be expected to provide leadership, guidance, and professional expertise and knowledge and collaborate closely with staff in all management and logistical EXO functions.

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

The authority to limit full and open competition in this award is under 40 U.S.C. 113. This action relies on the authority in Per AIDAR 706.302-70(b)(1).

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

This vendor has unique experience working in USAID/West Africa’s Regional Executive Office within the past year. He has EXO experience working in various USAID Missions, including:

Egypt, Nepal, Sudan, Morocco, Sri Lanka, Congo, Pakistan, etc. The vendor is uniquely qualified to provide coverage and make senior decisions during emergencies.

These services cannot be performed via a local award. These specialized services can only be done by a USPSC with the requisite experience as a Supervisory EXO.

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].

This PSC will not be solicited, as it is being sole-sourced under AIDAR 706.302-70(b)(1).

Pursuant to AIDAR 705.202 “Exceptions” (b), advance notice is not appropriate or reasonable for contract actions described in 706.302-70(b)(1) through (b)(3).

However, the J&A will be publicized in a Government Point of Entry (Beta.Sam.gov).

There is no need to publicize notice of proposed contract action per FAR 5.201 and AIDAR 705.202

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

Because the services to be performed under this period are essentially the same as those previously provided under a similar contract, the anticipated cost to the government at a GS-15, Step 10, commiserate with the previous contract, is fair and reasonable. This wage determination is also in line with the IGCE prepared for this contract.

Based on a review of his resume, Mr. Sampson is a well-qualified development professional with the technical expertise and experience required to carry out the duties required by the West Africa Regional Executive Office. USAID/West Africa considers the costs of this PSC contract to be fair and reasonable.

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

No formal Market research was conducted for this award, because this award is contemplated as sole-sourced. However, the mission performed market research last year in conjunction with a similar position that was fully competed. There were two offers for that solicitation, and Mr.

Sampson was identified by the Technical Evaluation Committee as the top candidate and awarded the contract (Contract Number: 72062419S00014). This contract must be awarded by September 30, 2020.

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

This contract is required due to the shortage of one of the Senior EXOs (Supervisory EXO). Mr.

Sampson’s previous contract number 72062419S00014 ended on March 24, 2020. His current PSC with USAID/Nigeria is under contract number 72062020S00007 through September 29, 2020. Since USAID/WA continues to have critical need for senior EXO services, such as those Mr. Sampson is capable of providing, he will be providing in-person services to WA under the proposed award.

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

The opportunity was not synopsized due to the sudden nature of the requirement. The previous contract was awarded after full and open competition.

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:

The agency intends to compete future requirements for EXO personal services through full and open competition.

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.

____________GR_______________________ __________09/15/2020________

Guadalupe Ramirez, Acting Regional Executive Officer Date

13.Contracting Officer Certifications:

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

_________AL__________________________ _______9/15/2020___________

Amy H. Larsen, Contracting Officer Date

14. Approved/Disapproved

Approved Disapproved

____claurent approved _______________ ____9/15/2020_________ Carell Laurent, USAID/West Africa Date Deputy Mission Director Competition Advocate

CLEARANCES: J&A for USPSC Michael Sampson Sole Source

1. Clearance

______________WL_____________________ _____9/15/2020_________

Warren Leishman, Regional Legal Officer Date

CC:

Patience Charway, Human Resources Specialist

Dinah McKeown, Deputy Executive Officer