Advancing HIV & AIDS Epidemic Control (AHEC) Project

This acquisition is conducted under the authority of 40 U.S.C. 113, as implemented by AIDAR 706.302- 70(b)(3)(ii), and substantiated by the Expedited Procedures Package (EPP). AIDAR 706.302-70(b)(3) and FAR 6.303-2 allows USAID (now the Department of State) to limit competition when compliance with full and open competition procedures would impair foreign assistance objectives.

More specifically, AIDAR 706.302-70(b)(3)(ii) states that full and open competition is not required for: “Awards for countries, regions, projects, or programs for which the Administration of USAID makes a formal written determination with supporting findings (D&F), see Attachment 1 to this J&A, that compliance with full and open competition procedures would impair foreign assistance programs.” The authority for the D&F under the HIV/AIDS EPP is based on 40 U.S.C. 113(e)(2) and 48 CFR 706.302-70.

Tab 1 of the EPP procedures, specifically the D&F, is provided as Attachment 1 to this J&A.The EPP specifically authorizes the use of AIDAR 706.302-70(b)(3)(ii) for contract actions, stating "You have the authority to extend the EPP under the following:

for contracts, Section 706.302-70(b)(3)(ii) of USAID’s Acquisition Regulation (AIDAR), Impairment of Foreign Aid Programs; for assistance awards, ADS Chapter 303.3.6.5, Restrictions to Eligibility; and for the source-and-nationality waiver, Section 228.31 of Title 22 of the Code of Federal Regulations (CFR)." The current EPP is effective from January 1, 2025, through December 31, 2029, and was approved by the USAID Administrator.

Although the EPP is specific to USAID, a memorandum of understanding between USAID and the Department of State delegates authority to DOS to carry out applicable PEPFAR programming under USAID procedures and regulations. Accordingly, this justification relies on AIDAR 706.302-70 as the basis for limiting competition, as proceeding with full and open competition at this stage would risk impairing the effective implementation of a critical foreign assistance program