SOLICITATION NOTICE
R -- US PSC Moldova Acting Country Program Officer
- Notice Date
- 3/12/2010
- Notice Type
- Justification and Approval (J&A)
- NAICS
- 928120
— International Affairs
- Contracting Office
- Agency for International Development, Overseas Missions, Ukraine USAID-Kiev, Regional Contracting Office, Dept. of State, Washington, District of Columbia, 20521-5850
- ZIP Code
- 20521-5850
- Archive Date
- 3/29/2010
- Point of Contact
- Ed Michalski, Phone: 380-44-492-7100, Patricia Alexander, Phone: 380-44-537-4600
- E-Mail Address
-
emichalski@usaid.gov, palexander@usaid.gov
(emichalski@usaid.gov, palexander@usaid.gov)
- Small Business Set-Aside
- N/A
- Award Number
- 121-S-00-10-00609-00
- Award Date
- 3/10/2010
- Description
- JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION FOR A U.S. PERSONAL SERVICES CONTRACT This document is a justification for other than full and open competition for a Personal Services Contract (PSC) as authorized by Section 6.303-1(a) of the Federal Acquisition Regulation (FAR). Chapter 7 of Title 48, Code of Federal Regulations, contains procurement regulations supplemental to the FAR (the USAID Acquisition Regulations or AIDAR). Subpart 706.3 - Other than Full and Open Competition, contains additional authorities that permit the use of other than full and open competition. Specifically, Subpart 706.302-70 authorizes other than full and open competition when full and open competition would impair or otherwise have an adverse effect on programs conducted for the purposes of foreign aid, relief and rehabilitation. Below is the citation from the AIDAR: 706.302-70 Impairment of foreign aid programs. (a) Authority. (1) Citation: 40 U.S.C. 474. (2) 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. (b) Application. This authority may be used for: (1) An award under Section 636(a)(3) of the Foreign Assistance Act of 1961, as amended, involving a personal services contractor serving abroad; ((c) Limitations. (2) The contract file must include appropriate explanation and support justifying the award without full and open competition, as provided in FAR 6.303... 1) Identification of the agency and the contracting activity, and specific identification of the document as a "Justification for Other than Full and Open Competition". This justification for other than full and open competition is for use by the Regional USAID Mission to Ukraine, Belarus and Moldova in the acquisition of services in support of Mission operations in Moldova. 2) Nature and/or description of the action being approved. This justification is for a new, off-shore, U.S. Personal Services Contract with a qualified candidate ("the Candidate"), contract no. 121-S-00-10-00609. 3) A description of the supplies or services required to meet the Agency's needs (including the estimated value). This Justification is for a new USPSC contract of approximately 1 year, with an estimated value of $190,000. The position has been classified by the Contracting Officer as a GS-15. The following is from the Statement of Duties: The Acting Country Director/Country Program Officer for USAID/Moldova will serve as USAID's principal officer in Chisinau and as such will manage an organizational unit comprised of the Office of the Director, a Program Office and economic growth and democracy and governance teams with a total of 2 USDH employees, 1-2 US PSCs, 25-30 FSN employees, and up to two Development Leadership Initiative Junior Officers. He/she will directly oversee all program and operational planning, non-USDH management (and USDH, if approved by the Assistant Administrator for Management), monitoring, and resource allocation/budgeting functions for the Moldova Mission while ensuring adherence to Agency, Mission and programming policy. He/she will oversee the appropriate allocation of services and resources to support USAID programs in accordance with overall USG priorities. As the Acting Country Director/Country Program Officer, he/she will lead coordination and dialogue with the Government of Moldova and oversee donor coordination and outreach activities. He/She will represent the Regional Mission Director for Ukraine, Moldova and Belarus (UMB) in Moldova, serve as a member of the Senior U.S. Country Team and represent USAID's assistance programs for Moldova to the Embassy, public at large, the international community, and in regional fora. The Country Program Officer will work under the general guidance of the U.S. Ambassador and will be supervised by the Regional Mission Director for UMB. Specific areas of responsibility will include: 1. Representing USAID/Moldova in meetings with senior U.S. Government officials within USAID and State (including the Office of the Coordinator for Assistance to Europe and Eurasia). 2. Serving as central coordinator for the translation of policy and strategy for Moldova into country-specific and regional foreign assistance objectives and goals. In this regard, the contractor is responsible for the Country Assistance Strategy, the Operational Plan, and portions of the Mission Strategic Plan for Moldova. 3. Guiding and mentoring staff of the USAID/Moldova office in Chisinau. Serving as the point of contact for all USAID matters in Moldova. Provides oversight for ongoing liaison and collaboration with the U.S. Embassy in Moldova to ensure that USAID priorities and concerns are understood and acted on, and to facilitate exchange of information with respect to country situations. 4. Representing USAID/Moldova in meetings with USAID implementing partners, other international donors, and host country counterparts. 5. Traveling frequently within the country, regionally, and internationally to represent the interests of USAID/Moldova, to determine resource allocation and to attend host country governmental meetings. 6. Pending the decision of USAID/Washington, the incumbent may be responsible for actions related to standing up the Moldova Office as a Full Mission during 2010-2011. 4) An identification of the statutory authority permitting other than full and open competition. Chapter 7 of Title 48, Code of Federal Regulations, contains procurement regulations supplemental to the FAR (the USAID Acquisition Regulations or AIDAR). Subpart 706.3 - Other than Full and Open Competition, contains authorities additional to the FAR that permit the use of other than full and open competition. Specifically, Subpart 706.302-70 authorizes other than full and open competition when full and open competition would impair or otherwise have an adverse effect on programs conducted for the purposes of foreign aid, relief and rehabilitation. This authority may be used for personal services contractors serving abroad. Below is the citation from the AIDAR: 706.302-70 Impairment of foreign aid programs. (a) Authority. (1) Citation: 40 U.S.C. 474. As implemented by AIDAR 706.302-70(b)(2). An award of $250,000 or less by an overseas contracting activity. 5) A demonstration that the proposed contractor's unique qualifications or the nature of the acquisition requires use of the authority cited. The services to be performed under this contract were originally going to be performed by the Candidate under a recall (i.e. direct) appointment. During the process of identifying a candidate for a recall appointment, done competitively to the extent practicable, it was determined that the Candidate was the most qualified candidate to be recalled. After lengthy discussions with the Office of Human Resources (OHR), however, the recall appointment could not be effected due to budgetary constraints at the central level of the Agency. Therefore, USAID/Ukraine was advised to and proposes to effect the appointment through an OE-funded USPSC. This position has been vacant since June, 2009 while the Mission waited for a suitable USDH assignment and then entered protracted discussions with OHR about a recall appointee. At this point in time, the additional time that it would take to effect a full and open competition would seriously impair our foreign aid program for Moldova. The Mission has been represented in Moldova by only one USDH, who is a first-tour JOPA, despite the fact that the Moldova program has been funded at close to $30 million in recent fiscal years. This USDH officer moreover will depart post this summer. The USAID program in Moldova cannot be effectively implemented with the current constrained staffing. In light of such needs, USAID must act immediately to provide necessary Mission leadership. Failure to do so will result in an impairment of USAID's foreign assistance objectives. It is highly unlikely that competition would result in a better candidate or less cost to the Government. The Candidate is ideally suited to fill this position. The position is equivalent to that of a Mission Director. The Candidate has served in two Senior Foreign Service positions in the former Soviet Union (including Deputy Mission Director at one major USAID post and Mission Director in another major USAID post). The Candidate has worked as the TDY Acting Deputy Mission Director in Ukraine and has familiarity with the Moldova program through previous short-term PSC assignments. Critical to success in this position are Russian language skills, which she possesses. She also has outstanding interpersonal and mentoring skills which will be critical for dealing with the Government and the Embassy and for nurturing staff through a period of change. She has the required medical and security clearances and is available to start work in March 2010 and continue performance for a full year. 6) A description of efforts made to ensure that offers were solicited from as many sources as practical, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies. Under 48 CFR Part 705.202(b), the head of the U.S. Agency for International Development has determined after consultation with the Administrator for the Office of Federal Procurement Policy and the Administrator of the Small Business Administration, that advance notice is not appropriate or reasonable for contract actions described in 706.302-70(b)(1) through (b)(3). Accordingly, this action was not synopsized. (7) A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable. Since this position has been classified as a GS-15, the compensation is determined by the range for that grade, and therefore the cost to the Government will fall within that range. The Contracting Officer determines the price is fair and reasonable. (8) A description of the market research conducted and the results or a statement of the reason why market research was not conducted. As noted above, the pool of candidates with previous Senior Foreign Service experience with USAID, especially in this region and with the appropriate language skills, is very limited, as we know from our recent discussions with OHR. All known and available candidates have been considered. The position also requires immediate availability and current medical and security clearances, which would add time to the arrival date of a candidate without such clearances, and which might disqualify some otherwise qualified candidates. The Mission has recent experience in filling other GS-15 level PSC positions in Ukraine, and we have observed that 1) while Civil Service experience is available, there are fewer candidates who were foreign service officers, and fewer still who were Senior Foreign Service officers and 2) the available candidates are interested in short-term contracts, and do not want to relocate for a full year. (9) Any other facts supporting the use of other than full and open competition. None. (10) A listing of the sources, if any, that expressed, in writing, an interest in the acquisition. None, as the acquisition falling under this justification has not been synopsized. (11) A statement of the actions, if any, the Agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required. If this situation arises in the future, the Mission will conduct a full and open competition to the maximum extent possible. (12) Technical Office Representative's Certification that all supporting data that is the responsibility of the technical office and forms a basis of this justification is complete and accurate, to the best of the Technical Office Representative's knowledge and belief. ______________________________________ _________________ Technical Office Representative, Date Janina Jaruzelski, Mission Director (13) Contracting Officer's Certification that the justification is accurate and complete to the best of the Contracting Officer's knowledge and belief. _____________________________________ _________________ Contracting Officer, Date Ed Michalski
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- Place of Performance
- Address: USAID/Moldova, Chisinau, Moldova, Moldova, Republic of
- Record
- SN02091811-W 20100314/100313000535-8f486bf3892bf6753e1aacdc8e8e8da6 (fbodaily.com)
- Source
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