USPSC - OTI Country Representative - Libya
Added: Nov 18, 2014 8:32 am Request for Personal Services ContractorUSAID Office of Transition InitiativesPosition Title: OTI Country Representative - Libya Solicitation Number: SOL-OTI-15-000006Salary Level: GS-14 Equivalent: $85,544 - $111,203Issuance Date: November 18, 2014Closing Date: December 3, 2014Closing Time: 5:00 P.M. ESTDear Prospective Applicants:The United States Government (USG), represented by the U.S. Agency for International Development (USAID), is seeking applications from qualified U.S. citizens to provide personal services as a Country Representative under a personal services contract, as described in the attached solicitation.Submittals must be in accordance with the attached information at the place and time specified. Applicants interested in applying for this position MUST submit the following materials:1. Complete resume. In order to fully evaluate your application, your resume must include:(a) Paid and non-paid experience, job title, location(s), dates held (month/year), and hours worked per week for each position. Dates (month/year) and locations for all overseas field experience must also be detailed. Any experience that does not include dates (month/year), locations, and hours per week will not be counted towards meeting the solicitation requirements.(b) Specific duties performed that fully detail the level and complexity of the work. (c) Names and contact information (phone and email) of your current and/or previous supervisor(s). (d) Education and any other qualifications including job-related training courses, job-related skills, or job-related honors, awards or accomplishments. (e) U.S. Citizenship.Your resume should contain sufficient information to make a valid determination that you fully meet the experience requirements as stated in this solicitation. This information should be clearly identified in your resume. Failure to provide information sufficient to determine your qualifications for the position will result in loss of full consideration. 2. Supplemental document specifically addressing:Each of the four (4) Evaluation Factors shown in the solicitation. Responses must be limited to 500 words per factor. Any additional words above the limit will neither be read nor scored.NOTE: The Evaluation Factors are worth 70 out of 100 points. Applicants are required to address each of the Evaluation Factors in a separate document describing specifically and accurately what experience, training, education and/or awards they have received that are relevant to each factor.Additional documents submitted will not be accepted. Incomplete or late applications will not be considered. Your complete resume and the supplemental document addressing the EFs must be mailed, delivered, faxed, or emailed to: GlobalCorps 529 14th Street, NW, Suite 807 Washington, DC 20045 E-Mail Address: libyacr@globalcorps.com Facsímile: (202) 403-3911Applicants can expect to receive a confirmation email when application materials have been received. Applicants should retain for their records copies of all enclosures which accompany their applications. Any questions on this solicitation may be directed to: Travis Axton or Jenelle Burns Telephone Number: (202) 706-6115 or (202) 706-6116 E-Mail Address: libyacr@globalcorps.com Website: www.globalcorps.com Facsímile: (202) 403-3911Sincerely, Cristina Sylvia Contracting OfficerSolicitation for U.S. Personal Services Contractor (PSC) Country Representative - Libya1. SOLICITATION NO.: SOL-OTI-15-0000062. ISSUANCE DATE: November 18, 20143. CLOSING DATE/TIME FOR RECEIPT OF APPLICATIONS: December 3, 2014, 5:00 pm EST4. POSITION TITLE: Country Representative5. MARKET VALUE: This position has been designated at the GS-14 equivalent level, non-locality pay ($85,544 - $111,203 per annum). Final compensation will be negotiated within the listed market value based upon qualifications, previous relevant experience and work history, salary and educational background. Salaries over and above the pay range will not be entertained or negotiated.6. PERIOD OF PERFORMANCE: One year, with four one-year option periods.7. PLACE OF PERFORMANCE: LibyaCurrently the U.S. Embassy in Tripoli is on Ordered Departure with Malta as the designated safe haven for employees staffing the External Office of the Embassy. This is likely to change in the future with the possibility of a return to Libya, or another third country destination. The Country Representative would need to be immediately available for frequent and possibly long-term temporary duty assignments to the Middle East region. The incumbent may be required to live in temporary quarters or in a hotel in a neighboring country for indefinite periods of time until the situation in Libya is stabilized, and would receive applicable allowances at the rate in effect at the destination post at the time of travel. The incumbent must be prepared for uncertainty in regards to the length of time that will be required to remain in the region.8. STATEMENT OF WORKPOSITION DESCRIPTIONBACKGROUNDUSAID's Office of Transition Initiatives (OTI) is seeking highly motivated, highly qualified individuals who want the opportunity to help support rapid international transition programs for priority conflict-prone countries. Created in 1994 as a distinct operating unit within USAID, OTI helps local partners advance peace and democracy in politically-transitioning countries. Seizing critical windows of opportunity, OTI works on the ground to provide fast, flexible, short-term assistance targeted at key transition needs.Countries experiencing a significant political transition in the midst of a disaster or emerging from civil conflict have unique needs that cannot be fully addressed by traditional disaster relief. Timely and effective assistance to promote and consolidate peaceful, democratic advances can make the difference between a successful or a failed transition. OTI assists in securing peace by aiding indigenous, mostly non-governmental, civil society and media organizations. OTI uses such mechanisms as support for re-integration of ex-combatants into civilian society; development of initiatives to promote national reconciliation; identification of quick-impact community self-help projects to meet urgent economic needs; and aid to independent media outlets and community-based organizations to help promote informed debate and broaden public participation.To respond quickly and effectively and meet its program objectives and mandate OTI retains a group of high level professionals and experts under U.S. Personal Services Contracts (USPSCs). These knowledgeable and skilled professionals make up the vast majority of the OTI work force and are at its forefront implementing and achieving the office's programmatic goals and objectives. USPSCs are considered employees of USAID for all purposes except programs administered by the Office of Personnel Management (OPM) - such as federally sponsored health insurance, life insurance, and retirement benefits. However, there are several other similar benefits that USPSCs may participate in, such as partial reimbursement for health and life insurance costs, as well as full coverage of workers' compensation, among other benefits. For more complete information on USPSC benefits, please see page 13 of this solicitation.For more information about OTI and its country programs please see: http://www.usaid.gov/political-transition-initiativesINTRODUCTIONSince the end of the Qadhafi regime in October 2011, U.S. Government programs have focused on supporting a new democratically elected Libyan government and its nascent institutions, as well as the development of an effective and engaged civil society during this historic transition to democracy. U.S. Government programs will continue to support the Government of Libya in its democratic transition to allow all Libyans to participate in their government; empower its voters, civil society groups, and government institutions to develop a political consensus; and assist new leadership to a permanent government.The Libyan transition is making slow progress and is confronted by numerous challenges. There has been slow implementation of political milestones and weak government performance is creating widespread disillusionment and disengagement, eroding government support. The security situation remains in flux, and the government is struggling to demobilize and reintegrate independent militias into civilian or military life. Many refuse to lay down their weapons, seeking to maintain their influence and ensure that their interests are represented in the political transition. Extremists in the region are taking advantage of the security vacuum, porous borders, and unprotected Qadhafi-era weapons stockpiles, which teaten to destabilize surrounding states in the region, including the newly democratically elected Libyan government. Many of the difficulties the Libyan government and civil society actors are experiencing are due to the lack of experience and technical knowledge of democratic practices and procedures.USAID's priority areas of engagement are part of a broader strategy to support Libya's transition tough sustained programming in the areas of elections, political processes, and governance; community engagement; and public financial management. USAID will continue its work to develop accountable and responsive electoral processes and governance institutions during this critical period when precedents for democratic governance are being set in Libya. Current USAID programming will continue to address these challenges and enhances the political skillsets of elected representatives to meet citizen expectations.Within this framework, OTI launched its Libya program in June 2011 to support Libyan efforts for a credible and stable political transition that reflects the will and needs of the Libyan people. Tough its implementing partners, OTI works with civil society organizations, local media outlets, and governing authorities to:• Strengthen civic activism by building capacity and connecting networks.• Bolster security by supporting moderate voices and strengthening local initiatives to mitigate conflict.To address these objectives, OTI supports quick-impact activities in four key program sectors: community improvement, political participation, national dialogue, and support to decision makers.The Country Representative - Libya is a member of the Democracy, Conflict, and Humanitarian Assistance (DCHA)/OTI Middle East (ME) Regional Team, reports to the OTI Regional Team Leader or his/her designee. The Country Representative's principle responsibility will be the development, oversight and management of DCHA/OTI's Libya program. The Country Representative will be called upon to represent OTI's mission and programs to senior-level government officials, in-country visitors, senior officials from other international organizations, bilateral donors and local government officials.The Country Representative post is a senior-level position requiring supervisory management experience, the ability to serve as an effective liaison with a wide array of individuals and institutions, and an in-depth knowledge of international relations in general and of the sub-region in particular. Familiarity with a wide range of issues is necessary, including community development, mediation/arbitration, conflict resolution, democracy/governance and human rights. Excellent inter-personal, presentation and negotiation skills are necessary. Experience in contract and grant management is required. Prior work experience with U.S. Government agencies and/or managing program operations in civil conflicts is preferred. The successful candidate will possess excellent political analysis and reporting skills, and the ability to operate with a high degree of autonomy, responsibility and authority in a highly stressful environment while exercising sound judgment in politically charged and challenging security environments. It is also essential that the incumbent demonstrate the ability to maintain staff morale in a difficult work environment. Strong team-building skills are essential.9. CORE FUNCTIONAL AREAS OF RESPONSIBILITYDUTIES AND RESPONSIBILITIESThe work of the Country Representative requires teamwork, the exercise of discretion, judgment, and personal responsibility. As a member of a highly operational office, the incumbent is willing and able to perform a wide range of administrative functions to help ensure programmatic success. The incumbent has 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. The incumbent is highly flexible and willing to work under conditions of ongoing change, and remains professional and respectful of colleagues and authority in a diverse workforce. She or he places a premium on the building of positive relationships with his or her respective team both in the field and in Washington, and with key stakeholders both in and outside of USAID. The incumbent is 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 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.Under the direct supervision of the Washington-based DCHA/OTI Regional Team Leader for the Middle East or his/her designee, the Country Representative will perform the following duties:• Conceptualize and design program strategies and objectives in close coordination with OTI staff, USAID personnel, U.S. Embassy and local civil society officials, based on political analysis and U.S. Government policy. When necessary, refine strategic objectives and advocate on behalf of new programmatic approaches in country, linked to neighboring country programs where appropriate;• As requested by embassies or USAID Missions, provide support for the design and execution of programs that follow OTI's quick-impact programming model. Support to embassies and USAID Missions may 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;• Communicate and coordinate in-country activities between OTI and its implementing partners, the U.S. Embassy, and other donor organizations;• Design staffing plans to meet overall program objectives and recruit, train, supervise, mentor and evaluate the performance of in-country OTI staff, providing regular feedback;• Monitor local and regional political developments and regularly brief OTI and partner staff on their potential programmatic impact;• Manage and provide day-to-day programmatic, operational, and strategic guidance to OTI's implementing partners (contractors and/or grantees), ensuring that activities are contributing to OTI's program objectives and are within the partner's scope;• Provide recommendations to the Washington-based Contracting Officer Representative (COR) and/or the Regional Team Leader on the implementing partner's performance, budget, and appropriateness of scope in achieving OTI's country objectives, presenting modifications thereto;• Provide USAID concurrence on all implementing partner activities, including final approval of grantees for grants under contract in accordance with USAID's Automated Directives System (ADS);• Ensure that OTI programs and activities are monitored and evaluated, and that lessons learned feed into ongoing or future activities;• Analyze and report on current political developments, security concerns, and other pertinent information required to achieve OTI's program objectives;• Ensure appropriate resource allocation among OTI field offices and implementing partners;• Prepare and maintain OTI program budgets for field operations;• Serve as OTI's primary liaison with USAID personnel, U.S. Embassy staff, ambassadors, local government officials, UN organizations, indigenous and international NGOs, and other pertinent agencies and organizations. Develop and maintain collaborative relationships to ensure close coordination at the field level, identify the widest range of potential partners and opportunities, and achieve maximum synergy with other programs;• Prepare operational plans in collaboration with the U.S. Embassy, including logistics and property use guidelines, closeout and hand-over, security procedures, contingency and evacuation plans;• Ensure the use of OTI systems and procedures to maintain effective and efficient management of funds, programming, and monitoring and evaluation;• Ensure that all OTI and partner field staff adhere to the in-country security guidelines set by the U.S. Embassy Regional Security Officer and other organizations such as the United Nations or host government;• Prepare and disseminate programmatic, financial and quarterly reports to the U.S. Embassy, OTI/Washington and other organizations as appropriate;• Supervise staff in conjunction with the Regional Team Leader (e.g. Deputy Country Representative, Program Managers, Program Assistants, Administrative Program Assistants, etc.). Provide orientation, training, and mentoring for 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;• Perform other duties as determined by the supervisor to ensure successful OTI program implementation.SUPERVISORY RELATIONSHIP:The Country Representative - Libya will report to OTI's Washington-based Team Leader for the Middle East (ME) or his/her designee. The Country Representative is expected to take initiative, act independently, and manage his/her tasks with minimal supervision. Though this is a senior field-based position, the incumbent is expected to actively and proactively collaborate with OTI/Washington leadership, and to fully utilize, embrace, and become an expert on OTI systems and processes. Failure to adequately perform the scope of work above and/or failure to take direction from the supervisor may result in corrective actions, including denial of step or grade increases, extension of contract probationary periods, performance improvement plans, and/or termination for the convenience of USAID/OTI.SUPERVISORY CONTROLS:The supervisor will provide administrative directions in terms of broadly defined missions or functions. The employee will independently plan, design and carry out programs, projects, studies or other work assignments. The employee's work will be considered technically authoritative and normally accepted without significant change, and will be reviewed in terms of fulfillment of program objectives, influence on the overall program, or contribution to the advancement of the objective.10. PHYSICAL DEMANDSThe work is generally sedentary and does not pose undue physical demands. During site visits in Libya, there may be some additional physical exertion including long periods of standing, walking over rough terrain, or carrying of moderately heavy items (less than 50 pounds).11. WORK ENVIRONMENTWhile at post, the work is generally performed in an office environment. However, the position also requires travel toughout the Libya region, which may additionally involve special safety and/or security precautions, wearing of protective equipment, and exposure to severe weather conditions.12. START DATE: Immediately, once necessary clearances are obtained.13. POINT OF CONTACT: See Cover Letter.EDUCATION/EXPERIENCE REQUIRED FOR THIS POSITION(Determines basic eligibility for the position. Applicants who do not meet all of the education and experience factors are considered NOT qualified for the position. See detailed instructions for demonstrating Education/Experience under "Applying")At a minimum, the applicant must have:(1) A Master's Degree with seven (7) years of work experience;ORA Bachelor's Degree with nine (9) years of work experience;AND(2) Six (6) years of project management experience with a U.S. Government foreign affairs agency, international assistance organization, or non-governmental organization in community development, economic development, mediation/arbitration, conflict resolution, democracy and governance, international law, human rights activities, and/or political analysis;(3) Two (2) years of overseas field experience working in one or more developing countries undergoing political transition;(4) Two (2) years of supervisory experience (including mentoring, training, and guiding staff).SELECTION FACTORS(Determines basic eligibility for the position. Applicants who do not meet all of the selection factors are considered NOT qualified for the position.)• Applicant is a U.S. Citizen;• Complete resume submitted. See cover page for resume requirements. Experience that cannot be quantified will not be counted towards meeting the solicitation requirements;• Supplemental document specifically addressing how the candidate meets each of the Evaluation Factors submitted; • Ability to obtain a SECRET level security clearance (NOTE: Dual citizens may be asked to renounce second-country citizenship);• Ability to obtain a Department of State medical clearance;• Satisfactory verification of academic credentials.A USAID Secret level security clearance and Department of State medical clearance are required prior to issuance of the contract for this position.NOTE: If a full security investigation package is not submitted by the selected within 30 days after it is requested, the offer may be rescinded. If a security clearance is not able to be obtained within four months after the selected submits the initial security clearance documentation, the offer may be rescinded.NOTE: The selected must obtain Department of State medical clearance within four months after offer acceptance. If medical clearance is not obtained within this period, the offer may be rescinded.Due to anticipated program needs, individuals should be able to travel to post within 60 days after a contract is awarded.EVALUATION FACTORS(Used to determine the competitive ranking of qualified applicants in comparison to other applicants. The factors are listed in priority order from highest to least.)Applicants should cite specific, illustrative examples for each factor. Responses must be limited to 500 words per factor. Any additional words above the limit will neither be read nor scored.Factor #1 Demonstrated experience managing multiple projects in high-visibility, high-pressure environments, including crisis and/or conflict situations.Factor #2 Demonstrated experience in the design and management of post-conflict, political transition, and/or emergency operations programs.Factor #3 Demonstrated experience interacting with, and representing organizations to, U.S. Government agencies, donor and international organizations, and local counterparts, including beneficiaries.Factor #4 Demonstrated experience in contract and grant management, including overseeing and monitoring a non-Federal organization implementing an assistance activity under a Federal contract, grant, or cooperative agreement.BASIS OF RATING: Applicants who clearly meet the Education/Experience Requirements and Selection Factors will be further evaluated based on scoring of the Evaluation Factor responses. Applicants are required to address each of the Evaluation Factors in a separate document describing specifically and accurately what experience, training, education and/or awards they have received that are relevant to each factor. Be sure to include your name and the announcement number at the top of each additional page. Failure to specifically address the Selection and/or Evaluation Factors may result in your not receiving credit for all of your pertinent experience, education, training and/or awards. Sample Evaluation Factors are provided on the GlobalCorps website at www.globalcorps.com.The Applicant Rating System is as Follows:Evaluation Factors have been assigned the following points:Factor #1 - 20Factor #2 - 20Factor #3 - 15Factor #4 - 15Total Possible - 70 PointsInterview Performance - 30 pointsSatisfactory Professional Reference Checks - Pass/Fail (no points assigned)Total Possible Points: 100The most qualified candidates may be interviewed, required to provide a writing sample, and demonstrate an ability to operate commonly used office applications. OTI will not pay for any expenses associated with the interviews. In addition, applications (written materials and interviews) will be evaluated based on content as well as on the applicant's writing, presentation, and communication skills. In the event that a candidate has fully demonstrated his/her qualifications and there are no other competitive applicants, OTI reserves the right to forego the interview process. Professional references and academic credentials will be evaluated for applicants being considered for selection.APPLYING:Applications must be received by the closing date and time at the address specified in the cover letter.Qualified individuals are required to submit:1. Complete resume. In order to fully evaluate your application, your resume must include:(a) Paid and non-paid experience, job title, location(s), dates held (month/year), and hours worked per week for each position. Dates (month/year) and locations for all overseas field experience must also be detailed. Any experience that does not include dates (month/year), locations, and hours per week will not be counted towards meeting the solicitation requirements.(b) Specific duties performed that fully detail the level and complexity of the work. (c) Names and contact information (phone and email) of your current and/or previous supervisor(s). (d) Education and any other qualifications including job-related training courses, job-related skills, or job-related honors, awards or accomplishments. (e) U.S. Citizenship.Your resume should contain sufficient information to make a valid determination that you fully meet the experience requirements as stated in this solicitation. This information should be clearly identified in your resume. Failure to provide information sufficient to determine your qualifications for the position will result in loss of full consideration.2. Supplemental document specifically addressing:Each of the four (4) Evaluation Factors shown in the solicitation. Responses must be limited to 500 words per factor. Any additional words above the limit will neither be read nor scored.NOTE: The Evaluation Factors are worth 70 out of 100 points. Applicants are required to address each of the Evaluation Factors in a separate document describing specifically and accurately what experience, training, education and/or awards they have received that are relevant to each factor.Additional documents submitted will not be accepted.By submitting your application materials, you agree to allow all information on and attached to the application to be investigated. False or fraudulent information on or attached to your application may result in you being eliminated from consideration for this position, or being terminated after award, and may be punishable by fine or imprisonment.To ensure consideration of applications for the intended position, please reference the solicitation number on your application, and as the subject line in any email.DOCUMENT SUBMITTALSVia mail: GlobalCorps, 529 14th Street, NW, Suite 807, Washington, D.C. 20045Via facsímile: (202) 403-3911Via email: libyacr@globalcorps.comPlease note in your document submittal where you heard about this position.NOTE REGARDING GOVERNMENT OBLIGATIONS FOR THIS SOLICITATIONThis solicitation in no way obligates USAID to award a PSC contract, nor does it commit USAID to pay any cost incurred in the preparation and submission of the application.NOTE REGARDING DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBERSAll individuals contracted as US PSCs are required to have a DUNS Number. USAID will provide a generic DUNS Number and PSCs are not required to register with CCR.For general information about DUNS Numbers, please refer to Federal Acquisition Regulation (FAR) Clause 52.204-6, Data Universal Numbering System (DUNS) Number (10/2003) https:/acquisition.gov/far/current/html/52_200_206.htmlLIST OF REQUIRED FORMS FOR PSCsForms outlined below can found at: http://www.usa.gov/Topics/Reference-Shelf/forms.shtml or at http://www.usaid.gov/forms/1. Federal Employment Application (OF-612).2. Declaration for Federal Employment (OF-306).3. Medical History and Examination Form (DS-6561). 4. Questionnaire for Sensitive Positions (for National Security) (SF-86), or Questionnaire for Non-Sensitive Positions (SF-85). 5. Finger Print Card (FD-258).Forms 1 tough 5 shall be completed ONLY upon the advice of the Contracting Officer that an applicant is the successful candidate for the job.CONTRACT INFORMATION BULLETINS (CIBs) and ACQUISITION & ASSISTANCE POLICY DIRECTIVES (AAPDs) PERTAINING TO PSCsCIBs and AAPDs contain changes to USAID policy and General Provisions in USAID regulations and contracts. Please refer to http://www.usaid.gov/work-usaid/aapds-cibs#psc to determine which CIBs and AAPDs apply to this contract.AAPD 06-10 - PSC MEDICAL PAYMENT RESPONSIBILITYAAPD No. 06-10 is hereby incorporated as Attachment 1 to the solicitation.FAR 52.222-50 - COMBATING TRAFFICKING IN PERSONSFAR Clause 52.222-50 is hereby incorporated as Attachment 2 to the solicitation.BENEFITS/ALLOWANCES:As a matter of policy, and as appropriate, a PSC is normally authorized the following benefits and allowances:BENEFITS:Employer's FICA ContributionContribution toward Health & Life InsurancePay Comparability AdjustmentAnnual Increase (pending a satisfactory performance evaluation)Eligibility for Worker's CompensationAnnual & Sick LeaveALLOWANCES (if Applicable).*(A) Temporary Lodging Allowance (Section 120).(B) Living Quarters Allowance (Section 130).(C) Post Allowance (Section 220).(D) Supplemental Post Allowance (Section 230).(E) Separate Maintenance Allowance (Section 260).(F) Education Allowance (Section 270).(G) Education Travel (Section 280).(H) Post Differential (Chapter 500).(I) Payments during Evacuation/Authorized Departure (Section 600), and(J) Danger Pay (Section 650).* Standardized Regulations (Government Civilians Foreign Areas).FEDERAL TAXES: USPSCs are required to pay Federal Income Taxes, FICA, and MedicareALL QUALIFIED APPLICANTS WILL BE CONSIDERED REGARDLESS OF AGE, RACE, COLOR, SEX, CREED, NATIONAL ORIGIN, LAWFUL POLITICAL AFFILIATION, NON-DISQUALIFYING DISABILITY, MARITAL STATUS, SEXUAL ORIENTATION, AFFILIATION WITH AN EMPLOYEE ORGANIZATION, OR OTHER NON-MERIT FACTOR.ATTACHMENT 1ACQUISITION & ASSISTANCE POLICY DIRECTIVE (AAPD) NO. 06-10PSC MEDICAL EXPENSE PAYMENT RESPONSIBILITYGeneral Provision 22, MEDICAL EXPENSE PAYMENT RESPONSIBILITY(OCTOBER 2006)(a) Definitions. Terms used in this General Provision are defined in 16 FAM 116 available at http://www.state.gov/m/a/dir/regs/fam/16fam/index.htmNote: Personal services contractors are not eligible to participate in the Federal Employees Health Programs.(b) The regulations in the Foreign Affairs Manual, Volume 16, Chapter 520 (16 FAM 520), Responsibility for Payment of Medical Expenses, apply to this contract, except as stated below. The contractor and each eligible family member are strongly encouraged to obtain health insurance that covers this assignment. Nothing in this provision supersedes or contradicts any other term or provision in this contract that pertains to insurance or medical costs, except that section (e) supplements General Provision 25. "MEDICAL EVACUATION (MEDEVAC) SERVICES."(c) When the contractor or eligible family member is covered by health insurance, that insurance is the primary payer for medical services provided to that contractor or eligible family member(s) both in the United States and abroad. The primary insurer's liability is determined by the terms, conditions, limitations, and exclusions of the insurance policy. When the contractor or eligible family member is not covered by health insurance, the contractor is the primary payer for the total amount of medical costs incurred and the U.S. Government has no payment obligation (see paragraph (f) of this provision).(d) USAID serves as a secondary payer for medical expenses of the contractor and eligible family members who are covered by health insurance, where the following conditions are met:(1) The illness, injury, or medical condition giving rise to the expense is incurred, caused, or materially aggravated while the eligible individual is stationed or assigned abroad;(2) The illness, injury, or medical condition giving rise to the expense required or requires hospitalization and the expense is directly related to the treatment of such illness, injury, or medical condition, including obstetrical care; and(3) The Office of Medical Services (M/MED) or a Foreign Service medical provider (FSMP) determines that the treatment is appropriate for, and directly related to, the illness, injury, or medical condition.(e) The Mission Director may, on the advice of M/MED or an FSMP at post, authorize medical travel for the contractor or an eligible family member in accordance with the General Provision 10, Travel and Transportation Expenses (July 1993), section (i) entitled "Emergency and Irregular Travel and Transportation." In the event of a medical emergency, when time does not permit consultation, the Mission Director may issue a Travel Authorization Form or Medical Services Authorization Form DS-3067, provided that the FSMP or Post Medical Advisor (PMA) is notified as soon as possible following such an issuance. The contractor must promptly file a claim with his or her medevac insurance provider and repay to USAID any amount the medevac insurer pays for medical travel, up to the amount USAID paid under this section. The contractor must repay USAID for medical costs paid by the medevac insurer in accordance with sections (f) and (g) below. In order for medical travel to be an allowable cost under General Provision 10, the contractor must provide USAID written evidence that medevac insurance does not cover these medical travel costs.(f) If the contractor or eligible family member is not covered by primary health insurance, the contractor is the primary payer for the total amount of medical costs incurred. In the event of a medical emergency, the Medical and Health Program may authorize issuance of Form DS-3067, Authorization for Medical Services for Employees and/or Dependents, to secure admission to a hospital located abroad for the uninsured contractor or eligible family member. In that case, the contractor will be required to reimburse USAID in full for funds advanced by USAID pursuant to the issuance of the authorization. The contractor may reimburse USAID directly or USAID may offset the cost from the contractor's invoice payments under this contract, any other contract the individual has with the U.S. Government, or tough any other available debt collection mechanism.(g) When USAID pays medical expenses (e.g., pursuant to Form DS-3067, Authorization for Medical Services for Employees and/or Dependents), repayment must be made to USAID either by insurance payment or directly by the contractor, except for the amount of such expenses USAID is obligated to pay under this provision. The Contracting Officer will determine the repayment amount in accordance with the terms of this provision and the policies and procedures for employees contained in 16 FAM 521. When USAID pays the medical expenses, including medical travel costs (see section (e) above), of an individual (either the contractor or an eligible family member) who is covered by insurance, that individual promptly must claim his or her benefits under any applicable insurance policy or policies. As soon as the individual receives the insurance payment, the contractor must reimburse USAID for the full amount that USAID paid on the individual's behalf or the repayment amount determined by the Contracting Officer in accordance with this paragraph, whichever is less. If an individual is not covered by insurance, the contractor must reimburse USAID for the entire amount of all medical expenses and any travel costs the contractor receives from his/her medevac provider.(h) In the event that the contractor or eligible family member fails to recover insurance payments or transfer the amount of such payments to USAID within 90 days, USAID will take appropriate action to collect the payments due, unless such failure is for reasons beyond the control of the USPSC/dependent.(i) Before departing post or terminating the contract, the contractor must settle all medical expense and medical travel costs. If the contractor is insured, he or she must provide proof to the Contracting Officer that those insurance claims have been submitted to the insurance carrier(s) and sign a repayment agreement to repay to USAID any amounts paid by the insurance carrier(s). ATTACHMENT 2FAR 52.222-50 COMBATING TRAFFICKING IN PERSONS (FEB 2009).(a) Definitions. As used in this clause-"Coercion" means-(1) Teats of serious harm to or physical restraint against any person;(2) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform anact would result in serious harm to or physical restraint against any person; or(3) The abuse or teatened abuse of the legal process."Commercial sex act" means any sex act on account of which anything of value is given to orreceived by any person."Debt bondage" means the status or condition of a debtor arising from a pledge by the debtor ofhis or her personal services or of those of a person under his or her control as a security for debt, ifthe value of those services as reasonably assessed is not applied toward the liquidation of the debtor the length and nature of those services are not respectively limited and defined."Employee" means an employee of the Contractor directly engaged in the performance of workunder the contract who has other than a minimal impact or involvement in contract performance."Forced Labor" means knowingly providing or obtaining the labor or services of a person-(1) By teats of serious harm to, or physical restraint against, that person or another person;(2) By means of any scheme, plan, or pattern intended to cause the person to believe that, if theperson did not perform such labor or services, that person or another person would sufferserious harm or physical restraint; or(3) By means of the abuse or teatened abuse of law or the legal process."Involuntary servitude" includes a condition of servitude induced by means of-(1) Any scheme, plan, or pattern intended to cause a person to believe that, if the person did notenter into or continue in such conditions, that person or another person would suffer seriousharm or physical restraint; or(2) The abuse or teatened abuse of the legal process."Severe forms of trafficking in persons" means-(1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or inwhich the person induced to perform such act has not attained 18 years of age; or(2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor orservices, tough the use of force, fraud, or coercion for the purpose of subjection to involuntaryservitude, peonage, debt bondage, or slavery."Sex trafficking" means the recruitment, harboring, transportation, provision, or obtaining of aperson for the purpose of a commercial sex act.(b) Policy. The United States Government has adopted a zero tolerance policy regarding trafficking in persons. Contractors and contractor employees shall not-(1) Engage in severe forms of trafficking in persons during the period of performance of the contract;(2) Procure commercial sex acts during the period of performance of the contract; or(3) Use forced labor in the performance of the contract.(c) Contractor requirements. The Contractor shall-(1) Notify its employees of-(i) The United States Government's zero tolerance policy described in paragraph (b) of thisclause; and(ii) The actions that will be taken against employees for violations of this policy. Suchactions may include, but are not limited to, removal from the contract, reduction in benefits,or termination of employment; and(2) Take appropriate action, up to and including termination, against employees orsubcontractors that violate the policy in paragraph (b) of this clause.(d) Notification. The Contractor shall inform the Contracting Officer immediately of-(1) Any information it receives from any source (including host country law enforcement) thatalleges a Contractor employee, subcontractor, or subcontractor employee has engaged inconduct that violates this policy; and(2) Any actions taken against Contractor employees, subcontractors, or subcontractoremployees pursuant to this clause.(e) Remedies. In addition to other remedies available to the Government, the Contractor's failure to comply with the requirements of paragraphs (c), (d), or (f) of this clause may result in-(1) Requiring the Contractor to remove a Contractor employee or employees from theperformance of the contract;(2) Requiring the Contractor to terminate a subcontract;(3) Suspension of contract payments;(4) Loss of award fee, consistent with the award fee plan, for the performance period in whichthe Government determined Contractor non-compliance;(5) Termination of the contract for default or cause, in accordance with the termination clause ofthis contract; or(6) Suspension or debarment.(f) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (f), in all subcontracts.(g) Mitigating Factor. The Contracting Officer may consider whether the Contractor had a Trafficking in Persons awareness program at the time of the violation as a mitigating factor when determining remedies. Additional information about Trafficking in Persons and examples of awareness programs can be found at the website for the Department of State's Office to Monitor and Combat Trafficking in Persons at http://www.state.gov/g/tip.
SOL-OTI-15-000006 US Agency for International Development Washington Office
11/18/14, 8:32 AM