SPECIAL NOTICE
R -- CLASS JUSTIFICATION AND APPROVAL (J&A) FOR OTHER THAN FULL AND OPEN COMPETITION COVERING PERSONAL SERVICES CONTRACTS WITH COOPERATING COUNTRY NATIONALS
- Notice Date
- 10/12/2023 11:44:03 AM
- Notice Type
- Justification
- NAICS
- 812990
— All Other Personal Services
- Contracting Office
- USAID M/OAA WASHINGTON DC 20523 USA
- ZIP Code
- 20523
- Solicitation Number
- JA-23-062
- Archive Date
- 11/11/2023
- Point of Contact
- J&A Mailbox
- E-Mail Address
-
justificationsanda@usaid.gov
(justificationsanda@usaid.gov)
- Award Number
- JA-23-062
- Award Date
- 10/10/2023
- Description
- This document is a class justification and approval (J&A) for other than full and open competition for�awards of personal services contracts (PSCs) with cooperating country nationals (CCNs), issued under�the authority of section 113 of title 40, United States Code (U.S.C.), as applied by USAID pursuant to�section 706.302-70 of title 48 of the Code of Federal Regulations (CFR), Chapter 7, the USAID�Acquisition Regulation (AIDAR).�� Under the authority of 40 U.S.C. 113(e)(2), AIDAR 706.302-70(a)(2) states that 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. AIDAR 706.302-70(b)(1) authorizes the use of this authority for an�award under section 636(a)(3) of the Foreign Assistance Act of 1961, as amended,�involving a personal services contractor serving abroad. USAID�s ability to recruit and retain the best talent in partner countries depends on the Agency supporting and�investing in its local workforce. CCNPSCs are critical to USAID�s global mission for many�reasons, including their local leadership, technical expertise, and country-specific�knowledge and insights that inform and enable the Agency�s ability to solve complex�development challenges. Through these exceptions to competition, USAID will be able�to provide intangible benefits for its CCNPSCs beyond what each post LCP provides, in�the form of improved career growth, professional advancement, and job security. If�USAID is unable to provide these intangible benefits, it is at greater risk of losing highly�qualified and experienced staff to other entities that compete for talent in the foreign�assistance sector, and who are able to offer higher salaries. Without use of the�authority for other than full and open competition as described in this class J&A, the�Agency would be impaired in its ability to recruit and retain the CCNPSCs necessary to�carry out foreign aid programs in the host countries where it operates. During the�course of the performance of their contracts, CCNPSCs gain critical knowledge of�USAID programming and processes. This class justification preserves USAID�s ability to�meet its obligations as a foreign affairs agency by retaining its critical CCNPSC�workforce and removing impediments to their ability to continue successfully performing.�� The Agency has a longstanding practice of limiting competition for CCNPSC awards to�the local marketplace. Through a series of class J&As since the 1990s, the Agency has�relieved COs of the administrative burden of preparing separate justifications to limit competition to the CCN community for local national PSC staffing opportunities. USAID�issued a class J&A for CCNPSCs in its Contractor Information Bulletin (CIB) 92-5,�preceding the publication of AIDAR Appendix J in 1993. Subsequently, CIB 97-16 was issued on July 10,1997 to supersede the CIB 92-5 class J&A. Use of the authority to�limit competition for CCNPSCs was renewed on December 20, 2016 by a class J&A that�was incorporated into Agency policy (Automated Directives System (ADS), Chapter 309 and Mandatory Reference 309mad). This revised class J&A conforms to the�requirements in FAR 6.303-2. It supersedes the last above-referenced class J&A and�provides for expanded application of the 40 U.S.C. 113 authority beyond what was�previously authorized.
- Web Link
-
SAM.gov Permalink
(https://sam.gov/opp/a1761d76e18d44db823910ff4c06cdcc/view)
- Record
- SN06857925-F 20231014/231012230047 (samdaily.us)
- Source
-
SAM.gov Link to This Notice
(may not be valid after Archive Date)
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