Ombudsman_Presentation_-_DCHA_Pre-proposal_Conference.pdf

The Role of USAID’s

Acquisition and Assistance

Ombudsman

USAID Mission: We partner to end extreme poverty and to promote resilient, democratic societies while advancing our security and prosperity.

Lance Butler III Acquisition and Assistance Ombudsman

USAID

Independence

Impartiality

Confidentiality

Role of the USAID A&A Ombudsman

The Ombudsman serves as a independent, impartial, confidential dispute resolution practitioner who receives internal and external complaints, concerns, and questions regarding the

A&A process; (2) works to informally resolve these issues, making recommendations on individual matters where appropriate; and (3) brings to an entity’s attention chronic or systemic problems and makes recommendations for improvement.

Task Order Ombudsman - FAR 16.505(b)(8)

The head of the agency shall designate a task-order and delivery-order ombudsman. The ombudsman must review complaints from contractors and ensure they are afforded a fair opportunity to be considered, consistent with the procedures in the contract. The ombudsman must be a senior agency official who is independent of the contracting officer and may be the agency's competition advocate.

No protest under subpart 33.1 is authorized in connection with the issuance or proposed issuance of an order under a task-order contract or delivery-order contract, except for—

(A) A protest on the grounds that the order increases the scope, period, or maximum value of the contract; or

(B) A protest of an order valued in excess of $10 million. Protests of orders in excess of $10 million may only be filed with the Government Accountability Office, in accordance with the procedures at 33.104.

Jurisdiction of the Ombudsman

On any aspects of the A&A Process, the Ombudsman may:

• Conduct inquiries;

• Investigate, report findings, make recommendations;

• Develop, evaluate, and discuss available options

• Facilitate, negotiate, and mediate;

• Identify complaint patterns and trends;

• Educate;

• Advocate on behalf of affected individuals or entities when appropriate;

Ombudsman Limitations

1. Cannot compel or direct Agency or CO action;

2. Does not substitute for USAID’s formal process;

3. Does not substitute for providing the Agency with formal notice;

4. Does not toll the time limitations for in the event of a protest, dispute, appeal, request for equitable adjustment, etc.

5. Cannot make binding decisions or determine rights;

Partner / Ombudsman Inquiries

• Questions / concerns / complaints regarding USAID solicitation/evaluation/award/administrative process;

• Good faith belief that they’ve been treated unfairly in a procurement process;

• Dispute/potential dispute that may be informally resolved;

• Reporting misconduct by the CO/COR or USAID official regarding the procurement or administrative process that adversely affects your ability to perform;

• Any violation of procurement laws / regulations;

Ombudsman’s Questions Regarding Inquiries

1. What is your complaint, issue or concern?

2. What redress do you seek?

3. Who are the relevant parties?

4. Have you spoken to the CO?

5. Do I have your permission to investigate the matter?

6. Do you require confidentiality?

7. What are your time constraints?

Contact Information:

Lance Butler III

Acquisition & Assistance Ombudsman

USAID

(o) 202-567-4742

(c) 571-225-9780

(e) lbutler@usaid.gov