USPSC - Deputy Country Representative - Moldova (GS-13)

JUSTIFICATION AND APPROVAL FOR EXPEDITED PROCEDURES PACKAGE TO: REDACTED NAME, Contracting Officer, M/OAA/CPS FROM: REDACTED NAME, Acting Director, CPS/OTI SUBJECT: JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION UNDER THE (J&A) FOR AWARD OF PERSONAL SERVICES CONTRACT TO REDACTED NAME, GS-13 MOLDOVA DEPUTY COUNTRY REPRESENTATIVE. This document sets forth the facts and rationale justifying the use of other than full and open competition. Approval is requested for the justification for use of other than full and open competition pursuant to the authorities under the Expedited Acquisition and Assistance Procedures (EPP) for Ukraine, Belarus, and Moldova, with an initial effective date of March 6, 2022 and an extension date effective March 6, 2024. This document sets forth the facts and rationale justifying the use of other than full and open competition, in accordance with FAR Part 6.303-2 and AIDAR Part 706.302-70(b)(5). This document was prepared by the USAID Office of Transition Initiatives (OTI). The nature and/or description of the action being approved: This is a request to approve the non-competitive hiring of a U.S. Personal Services Contractor REDACTED NAME to serve as a Deputy Country Representative (GS-13) supporting M/OAA/CPS/OTI in Moldova, for one (1) year with two (2) one-year option periods. Description of the supplies or services required, including an estimated value: This is a request to approve the non-competitive hiring of a U.S. Personal Services Contractor to serve as Deputy Country Representative (DCR), Moldova, equivalent for REDACTED Contract Amount, estimated for one (1) year with two (2) one-year option periods, as part of the Expedited Procedures Package (EPP) for Ukraine, Belarus, and Moldova approved on March 6, 2022 with an extension date effective March 6, 2024. The OTI Deputy Country Representative in Moldova is a member of the Conflict Prevention and Stabilization (CPS)/OTI Europe Regional Team, and reports to the OTI Country Representative. The Deputy Country Representative's principal responsibility will be development, oversight, and management of USAID/OTI's Moldova country program. The incumbent will support the OTI Country Representative with managing an implementing partner and may be called upon to represent OTI's program to local partners, senior-level U.S. government officials, in-country visitors, senior officials from other international organizations, bilateral donors, and local government officials. Duties and Responsibilities: The work of the Deputy Country Representative requires teamwork, the exercise of discretion, judgment, and personal responsibility. As a member of a highly operational office, you are willing and able to perform a wide range of administrative functions to help ensure programmatic success. You have a high level of integrity and attention to detail to ensure the use of OTI systems and procedures to maintain effective and efficient management of funds, programming, and monitoring and evaluation. You are highly flexible and willing to work under conditions of ongoing change, and remain professional and respectful of colleagues and authority in a diverse workforce. You place a premium on building positive relationships with the respective team both in the field and in Washington, and with key stakeholders both in and outside of USAID. You are able to prioritize and complete tasks without follow-up by the supervisor, while also filling in gaps as needed to ensure the responsiveness of the team. The Deputy Country Representative is a strategic thinker, articulates innovative ideas, presents solutions, and is a positive role model for colleagues both in and outside of OTI. You are also committed to upholding USAID/OTI's Diversity, Equity, Inclusion, and Accessibility (DEIA) Vision and Values as outlined in the background. Under the direct supervision of the CPS/OTI Country Representative or designee, the Deputy Country Representative will perform the following duties: Represent OTI interests during meetings with USAID Mission personnel, U.S. Embassy staff, host-country government officials, international organizations, indigenous and international non-governmental organizations (NGOs), and international donors interested in CPS/OTI activities; Provide guidance on the identification and development of projects that meet OTI funding criteria, further OTI programmatic objectives, and complement other projects and programs implemented by other OTI offices, U.S. Government agencies and donor organizations; Provide support for the design and execution of programs that follow OTI's quick impact programming model in embassies or USAID Missions. Support to embassies and USAID Missions will include attendance and/or facilitation of program management processes for follow-on programming, including rolling assessments, strategy review sessions, program performance reviews and management reviews; Review proposals and grant concepts and work with diverse groups, many of which have not previously had international funding; Collaborate with the Country Representative in monitoring the performance of OTI implementing partners in the implementation of OTI-financed activities designed to achieve OTI strategic objectives; Travel to monitor and assess political conditions, implementing partner operational platforms, meet with potential grantees, host-country government and other program counterparts, and develop activity ideas; Mentor and train other OTI and implementing partner field staff; Take the lead on collecting information and drafting/editing regular reporting products, such as weekly reports, cables and digest reports; Assume higher representational responsibilities, potentially serving as Acting OTI Country Representative in their absence; Perform a wide range of administrative functions including budget preparation, financial management, records management, and travel assistance to help ensure programmatic success; Coordinate with the OTI Country Representative to develop an exit strategy that ensures reasonable time to transition from OTI programs to follow-on USAID or other donor programs; Communicate regularly and share program information with other USAID project managers, the US Embassy, bilateral donors, UN Organizations, International Organizations, and indigenous and international NGOs to ensure visibility and synergy of USAID/OTI activities; Support the Country Representative to ensure the use of OTI systems and procedures to maintain effective and efficient management of funds, programming, and monitoring and evaluation; Report to the OTI Country Representative and OTI/Washington on the status of: 1) grant development and implementation, 2) OTI contractor performance, 3) Foreign Service National (FSN) staff support needs and morale, 4) communication and coordination issues among OTI offices with other U.S. Government entities, 5) security concerns, 6) relations with local partners including local, state and national government representatives, and 7) other pertinent information required to achieve OTI's program objectives; Manage and/or supervise the FSN staff, including program officers, administrative assistants and drivers alongside of the Country Representative; Supervise staff as delegated by the Country Representative (e.g. Program Managers, Program Assistants, Program Administrative Assistants, etc.). Provide orientation, training and mentoring for USAID staff supervised; assign work, explain how duties are to be performed to meet expectations, and communicate how the successful performance of those duties will be measured; evaluate staff performance; recognize good performance; communicate where performance needs to be improved; resolve complaints; and approve leave requests and timesheets as well as training, travel and program and operations requests. Statutory authority permitting other than full and open competition: Under 40 USC - 113(e)(2), competition requirements shall not impair or affect the authorities of an executive branch agency with respect to "any program conducted for purposes of...transfer to foreign governments, or foreign aid, relief, or rehabilitation." USAID has implemented this provision through 48 CFR - 706.302-70(b)(3)(ii), which provides an exception to competition for "awards for countries, regions, projects, or programs for which the Administrator of USAID makes a formal written Determination and Findings (D&F), that compliance with full and open competition procedures would impair foreign assistance objectives and would be inconsistent with the fulfillment of the foreign assistance program." Further, the - Expedited Procedures Package (EPP) for Ukraine, Belarus, and Moldova approved on March 6, 2022 with an extension date of March 6, 2024, provides authorization of the use of other than full -and-open competition to provide the flexibility that is essential to USAID's ability to implement programming to swiftly mobilize technical, financial and other resources to provide assistance to the region, to specifically to use other than full and open competition to enter into new or modify existing awards to deliver assistance in the region responsibly and support our staff as the USG posture continues to evolve. A discussion of the proposed contractor's unique qualifications or the nature of the acquisition that requires use of the authority cited. USAID/OTI's Europe Team launched the Moldova Resilience Initiative program to ensure that Moldova's reform efforts withstand the destabilizing effects of Russia's war in Ukraine. In line with broader U.S. Government objectives in Moldova, the program aims to strengthen support for a democratic, European Moldova. The candidate demonstrated extensive relevant experience aligning closely with the Deputy Country Representative role.REDACTED REDACTED REDACTED REDACTEDREDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable. In accordance with AIDAR 705.202, Exceptions, the head of USAID has determined after consultation with the Administrator for 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). An expression of interest was sent out encouraging internal OTI staff (regardless of hiring mechanism) and external-to-OTI candidates to apply. REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED [Guidance: Publication of a notice is not required per the determination at AIDAR - 705.202(b); however, you must describe efforts to solicit from as many potential sources as is practicable.] A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable. The position of Deputy Country Representative has been classified by USAID's Office of Acquisition and Assistance in accordance with AIDAR Appendix D, corresponding ADS 309 sections and AAPD 04.13. Contracting of one USPSC for approximately one (1) year with two (2) one-year option periods. Estimated cost of the contract will not exceed REDACTED. REDACTED NAME REDACTED qualifications qualify them for a GS-13 non-locality equivalent level and a salary will be negotiated within the market value of a GS-13 giving considerations to salary history, work experience, and education accomplishments. The anticipated cost to the government is expected to be fair and reasonable. The Contracting Officer's determination has been reflected by their signature on this memorandum. A description of the market research conducted (see FAR Part 10) and the results or a statement of the reason(s) market research was not conducted. Market research was conducted for this position. An expression of interest was sent out encouraging internal OTI staff (regardless of hiring mechanism) and external-to-OTI candidates to apply. After twenty-two (22) days, REDACTED REDACTED. Other facts supporting the use of other than full and open competition. The - Expedited Procedures Package (EPP) for Ukraine, Belarus, and Moldova with an initial effective date of March 6, 2022 and an extension date effective March 6, 2024, provides authorization of the use of other than full and open competition to enter into new or modify existing awards to deliver assistance in the region responsibly and support staff as the USG posture continues to evolve. Specifically, this includes issuance and modification of awards to: (i) implement USAID's humanitarian and development efforts in the region and (ii) provide support to the OUs undertaking this programming, including those contracts used to employ staff and support internal operations. Sources, if any, that expressed, in writing, an interest in the acquisition. An expression of interest was sent out on May 23, 2024, encouraging internal OTI staff (regardless of hiring mechanism) and external-to-OTI candidates to apply. REDACTED REREDACTEDREDACTEDREDACTEDREDACTEDREDACTEDREDACTEDREDACTEDREDACTED. The actions the Agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required: OTI will continue to plan for future position needs and vacancies if possible to facilitate competitive selections of USPSCs. However, the dynamic nature of OTI's programs may require procurements to be non-competitive to meet critical staffing needs. RECOMMENDATION It is recommended that you approve this justification for use of other than full and open competition pursuant to the - Expedited Procedures Package for Ukraine, Belarus, and Moldova, approved on March 6, 2022 and an extension date effective March 6, 2024. Your approval of this J&A constitutes the justification for other than full and open competition as required by Tab 1 (D&F) for the Authorization of Less than Full and Open Competitive Procedures in the Modification or Award of Contracts) of the EPP. Ecl. Tab 1- EPP D&F for the Authorization of Less than Full and Open Competitive Procedures in the Modification or Award of Contracts. CERTIFICATION: The requirement for technical certification at FAR 6.303-1(c) is fulfilled through: The signature of the Technical Officer below certifying the specific supporting data for this J&A; and The D&F Authorization for the Use of Other than Full-and-Open Competition in the Award or Modification of Contracts under the Expedited Procedures Package for Ukraine, Belarus, and Moldova approved on March 6, 2022. (Attached in Tab 1). The Contracting Officer is the Approving Official based on the authority given under the EPP. However, a separate Contracting Officer certification is not required per AIDAR 706.302-70(c)(1). I hereby certify that the supporting data which form a basis for the justification are complete and accurate to the best of my knowledge and belief. Technical Officer Clearance: REDACTED REDACTED REDACTED REDACTED NAME, REDACTED Date General Counsel Clearance: REDACTED REDACTED REDACTED REDACTED NAME, REDACTED Date Contracting Officer Approval: REDACTED REDACTED REDACTED REDACTED NAME, REDACTED Date