1. SOL - ALAC - Regional Director - GS-15 #720BHA23R00049 07.2023.docx (1).pdf

SOLICITATION NUMBER:

ISSUANCE DATE:

CLOSING DATE AND TIME:

SUBJECT:

720BHA23R00049

July 28, 2023 January 17, 2024, 12:00 P.M. Eastern Time

Solicitation for U.S. Personal Service Contractor (USPSC)

Dear Prospective Offerors:

The United States Government (USG), represented by the U.S. Agency for International Development (USAID) is seeking offers from qualified persons to provide personal services under contract as described in this solicitation.

Offers must be in accordance with Attachment 1 of this solicitation. Incomplete or unsigned offers will not be considered. Offerors should retain copies of all offer materials for their records.

USAID will evaluate all offerors based on stated evaluation criteria. USAID encourages all individuals, including those from disadvantaged and under-represented groups, to respond to the solicitation.

This 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 offer.

Any questions must be directed in writing to the Point of Contact specified in Attachment 1.

Sincerely, Ousay Wahaj Supervisory Contracting Officer Office of Acquisition & Assistance

(M/OAA/BHA-CPS/PSC)

U.S. Agency for International Development 1300 Pennsylvania Avenue, NW Washington, DC 20523 www.usaid.gov

720BHA23R00049

ATTACHMENT 1

I. GENERAL INFORMATION

1. SOLICITATION NO.: 720BHA23R00049

2. ISSUANCE DATE: July 28, 2023

3. CLOSING DATE AND TIME FOR RECEIPT OF OFFERS: January 17, 2024, 12:00 P.M. Eastern Time

This solicitation is open and continuous until January 17, 2024. The following are the closing dates for each review period:

September 10, 2023, 12:00 P.M. Eastern Time January 17, 2024, 12:00 P.M. Eastern Time

Offerors not selected during a previous review period must reapply in order to be considered for positions available in subsequent review periods. A review period may be canceled at the Contracting Officer’s discretion.

4. POINT OF CONTACT: ALAC Recruitment Team, BHA.ALACRecruitment@usaid.gov

5. POSITION TITLE: Regional Director (Multiple Positions)

6. MARKET VALUE: $117,518 - $152,771 equivalent to GS-15 not eligible for Locality Pay.

Final compensation will be negotiated within the listed market value and will include Locality Pay for domestic USPSCs based on the location of the Official USAID Worksite, or the approved alternative worksite if approved for remote work. USPSCs performing overseas are not entitled to Locality Pay.

Salaries over and above the top of the pay range will not be entertained or negotiated.

7. PLACE OF PERFORMANCE: BHA/Worldwide Relocation expenses will not be reimbursed for U.S.-based positions.

There may be an initial training program in Washington, D.C. for three months, which will include formal classroom training and on-the-job training; and may include security training. After completion of initial training, the Regional Director will be assigned to the place of performance.

Offerors for the Regional Director (RD) positions must be willing to be posted for long-term periods (minimum one year, with periods of four to five years more likely) at any location in the Asia region, including posts throughout the continent or undertaking Asia-focused work from Honolulu, Hawaii. At the discretion of BHA/Washington, during the contract period the RD may be reassigned/relocated to a geographical location where the individual’s services are needed; post-specific allowances would be adjusted accordingly for any change in place of performance. The potential posts are listed as follows, but the location of service could be ultimately determined by the location of future unknown operational requirements. BHA currently has RD positions in Bangkok, Thailand, and Manila, the

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Philippines. Initial post assignments will be based on each offeror’s understanding of BHA and the humanitarian assistance environment, each offeror’s background (i.e., language, regional experience, etc.), any preferences expressed in the offer materials, and available post vacancies at the time of award.

Overseas USPSCs may be authorized to telework or remote work only from a location within the country of performance, in accordance with Mission policy. Telework or remote work from outside the country of performance may only be authorized in certain situations in accordance with the terms and conditions of the contract.

8. PERIOD OF PERFORMANCE: Five (5) years, tentatively 145 day estimated start date from closing

9. ELIGIBLE OFFERORS: U.S. Citizens Only

10. SECURITY LEVEL REQUIRED: Secret If there is a change in circumstances requiring access to National Security information classified at the Top-Secret level, the offeror may be asked to obtain and maintain a Secret up to Top Secret/Sensitive Compartmented Information level clearance as provided by USAID.

11. STATEMENT OF DUTIES

GENERAL STATEMENT OF PURPOSE OF THE CONTRACT

The Bureau for Humanitarian Assistance (BHA) is committed to fostering an equitable and inclusive workplace with a diverse workforce. BHA encourages qualified candidates of all races/ethnicities, genders, cultural backgrounds, abilities, and socioeconomic statuses to apply. The Office of Asia, Latin America, and the Caribbean (ALAC) designs, provides, and assesses humanitarian assistance, including assistance related to responding to, recovering from, and reducing the risk of human-made and natural disasters, while linking with other USAID investments that build resilience. To achieve these objectives, humanitarian experts based overseas coordinate with local authorities and USAID Missions, while humanitarian experts based in Washington D.C. coordinate with USAID Regional and Pillar Bureaus.

ALAC consists of three (3) geographic divisions: Latin America and the Caribbean (LAC), South and Central Asia (SCA), and East Asia and the Pacific (EAP). These divisions are responsible for the provision of emergency humanitarian assistance through grants and cooperative agreements to non-governmental organizations (NGOs); international organizations (IO) including United Nations (UN) agencies; and to other partners to ensure the implementation and delivery of this assistance. These divisions also oversee BHA’s nonresponse efforts in disaster risk reduction, resilience, and early recovery. BHA regional offices are headed by the Regional Directors (RDs) who lead disaster response, preparedness, early recovery, disaster risk reduction, and resilience activities for countries in their region not directly supported by country-based staff. They are principally responsible for managing the regional offices, monitoring grants and humanitarian assistance program implementation, overseeing sub-regional offices, as applicable, supporting country offices, supervising regional office staff, and developing, in consultation with their respective Division Chief and Office leadership in Washington, the annual and multi-year strategies for their respective regions. In coordination with BHA/Washington and USAID Missions where they exist, RDs manage disaster response activities and identify and formulate disaster preparedness, mitigation, and training programs across their respective regions.

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ALAC requires the services of RDs in its regional offices to ensure that BHA’s mandate is met and to enhance its capability to manage complex portfolios, effectively respond to international crises and disasters, and manage a preparedness and disaster risk reduction portfolio across the region.

STATEMENT OF DUTIES TO BE PERFORMED

The RD will be responsible for a complex portfolio—requiring oversight of multiple, concurrent humanitarian crises throughout the disaster cycle. The RD will manage a team of field-based staff responsible for monitoring and assessing humanitarian needs in the region of responsibility and developing, implementing, and monitoring humanitarian response, early recovery, disaster risk reduction (DRR), and resilience efforts. The RD will serve as the lead humanitarian advisor in the field and ensure BHA field-based perspectives are incorporated into BHA’s internal and external policy efforts and office-wide initiatives. The RD will be expected to travel throughout the assigned region and to BHA’s headquarters. The RD’s responsibilities will include the following:

Contextual Specialty

● Serve as an authoritative expert on humanitarian issues, priorities, lessons learned, and opportunities in the region of responsibility.

● Use extensive experience and knowledge to guide BHA's Regional Humanitarian Advisors and support Country Leads in analyzing and determining the scale and scope of a wide range of challenges when information is limited or lacking, and provide support to continued efforts to establish creative solutions.

● Provide expert guidance on political, humanitarian, organizational, structural, and stakeholder interests specific to the region of responsibility.

● Prepare, or supervise the preparation of, regular strategic and analytical reports on current or anticipated emergencies, as well as comprehensive preparedness documentation on assigned countries.

Portfolio Management

● Lead, conduct, or oversee initial assessments to identify humanitarian needs or early recovery, disaster risk reduction, or resilience opportunities in current disaster sites or locations with high vulnerability.

● Ensure ongoing humanitarian response, early recovery, disaster risk reduction, and resilience activities are monitored to validate that objectives are met and beneficiaries are served.

● Lead the development of country-, issue-, or disaster-specific strategies across the region of responsibility, as well as timely revision of these strategies as contextual realities shift.

● Make authoritative recommendations on difficult resource and programmatic trade-offs within the region and provide expert advice to inform global prioritization.

● Ensure interventions within the region of responsibility align with appropriate strategies.

● Serve a primary role in the management of the approved annual budget for the region to include timely identification of the need for additional resources or the availability of surplus.

Representation

● Serve as the Regional Office’s lead representative and the primary point of contact on humanitarian issues in the area of responsibility.

● Serve as an expert advisor on humanitarian and disaster risk reduction issues to senior U.S.

Government (USG) personnel in the region, including Ambassadors, Mission Directors, and other heads of agencies.

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● Develop and maintain relationships with representatives of host governments, emergency or humanitarian government donors, international emergency and humanitarian organizations (UN Office for the Coordination of Humanitarian Affairs; International Committee of the Red Cross;

International Organization for Migration; etc.); emergency or humanitarian divisions of NGOs;

and U.S. embassies and USAID missions to ensure efficient and coordinated humanitarian response and disaster risk reduction activities.

● Represent USAID in joint efforts to design, develop, and implement humanitarian strategies and interventions with local governments, donor, partner, and UN organizations, as appropriate.

● Advise regional officials, including host country authorities and other officials, on disaster response, mitigation, and risk reduction efforts, including the review of disaster response, disaster risk management, and disaster risk reduction plans.

● Work with local and regional institutions and private or public sector organizations to incorporate disaster risk reduction into appropriate programs.

Leadership

● Manage and prioritize daily activities of BHA’s Regional Office and support country offices in the region.

● Supervise emergency/humanitarian staff within the region (except staff in BHA country offices) to include provision of technical guidance and oversight, administrative approvals, and staff development and evaluation.

● Provide current and future strategic direction to the regional office to include programmatic, liaison, and representational prioritization, and human and financial resource requirements.

● Participate in a leadership role in office- and Bureau-wide policy initiatives to ensure field perspectives are well-represented.

● Actively and constructively engage in policy, process, and management issues relevant to the office and portfolio; drive change during development and implementation of solutions and improvement to policy, process, and management issues.

General Duties

● Ensure timely reporting of BHA’s activities in the region through written cables, analyses, strategies, and other requests for written information or oral briefings.

● May be requested to be on-call/sign up for and serve on Washington-based Response

Management Teams (RMTs), which provide services and support to Disaster Assistance Response Teams (DARTs) deployed in response to disasters. The duties on RMTs will vary.

● Serve in a leadership role on DARTs, which may require immediate (within 24 hours) deployment overseas for an extended period of time. During deployment on DARTs, and during site visits, 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). Work is primarily performed in an office setting. During deployment on DARTs (if required), and during site visits, the work may additionally involve special safety and/or security precautions, wearing of protective equipment, and exposure to severe weather or other conditions.

● In times of emergency humanitarian assistance, the PSC will serve on temporary details within the bureau. Duties performed while on detail will correspond to the level and market value for the position and the work specified to be performed in the Statement of Duties. Consistently model behaviors that demonstrate a commitment to fostering a non-hostile work environment free of discrimination, bias, unfairness, exclusion, offensive behaviors, and harassment of any kind.

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● Engage in at least one workforce diversity initiative/activity focused on helping to improve the organizational culture. Attend and actively participate in diversity and harassment training opportunities, brown bag sessions, or focus group discussions.

● Lead/foster a collaborative, respectful, and professional work environment by demonstrating partnership and teamwork to accomplish team, office, and bureau objectives.

● Become certified and serve as an Agreement Officer’s Representative/Contracting Officer’s Representative (AOR/COR), as assigned. The AOR/COR provides financial and programmatic oversight of all aspects of managing the agreement or contract; this includes but is not limited to reviewing invoices, requests for approvals, program/project deliverables (i.e.

work plans, annual reports, month status reports), travel requests, key personnel requests, and financial/budget reports. They are responsible for drafting and submitting the annual contractor performance evaluation in Contract Performance Assessment Review System (CPARS). They prepare and review contract/assistance modifications documentation and assist the Contracting/Agreement Officer to ensure performance is compliant with the terms and conditions of the contract/agreement, the FAR, and USAID policy. AOR/CORs are responsible for all related requirements in the COR designation letter and the AOR designation letter.

SUPERVISORY RELATIONSHIP:

The USPSC will take direction from and will report to the ALAC Office Director or his/her designee.

SUPERVISORY CONTROLS:

The supervisor provides administrative direction in terms of broadly defined missions or functions.

USPSC independently plans, designs and carries out project, studies, and programs. Results of the work are considered technically authoritative. There is no higher-level official technically responsible for administering the program/project.

12. PHYSICAL DEMANDS

The work requested does not involve undue physical demands.

II. MINIMUM QUALIFICATIONS REQUIRED FOR THIS POSITION

EDUCATION/EXPERIENCE REQUIRED FOR THIS POSITION

(Determines basic eligibility for the position. Offerors who do not meet all of the education and experience factors are considered NOT qualified for the position.)

Bachelor’s degree in any field and eleven (11) years of progressively responsible experience working in emergency relief or international humanitarian assistance or disaster response. Four (4) years of this experience must be overseas field experience in needs assessment, analysis, emergency relief program operations, or post-emergency rehabilitation.

OR

Master’s degree in any field and nine (9) years of progressively responsible experience working in emergency relief or international humanitarian assistance or disaster response. Four (4) years of this

6 | Page experience must be overseas field experience in humanitarian needs assessment, analysis, emergency relief program operations, or post-emergency rehabilitation.

III. EVALUATION AND SELECTION FACTORS

The Government may award a contract without discussions with offerors in accordance with FAR 52.215-1. The CO reserves the right at any point in the evaluation process to establish a competitive range of offerors with whom negotiations will be conducted pursuant to FAR 15.306(c). In accordance with FAR 52.215-1, if the CO determines that the number of offers that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the CO may limit the number of offerors in the competitive range to the greatest number that will permit an efficient competition among the most highly rated offers. FAR provisions of this solicitation are available at https://www.acquisition.gov/browse/index/far.

The technical evaluation committee may conduct reference checks, including references from individuals who have not been specifically identified by the offeror, and may do so before or after a candidate is interviewed.

SELECTION FACTORS

(Determines basic eligibility for the position. Offerors who do not meet all of the selection factors are considered NOT qualified for the position.)

● Offeror is a U.S. Citizen.

● Complete resume submitted. See Section IV for resume requirements. Experience that cannot be quantified will not be counted towards meeting the solicitation requirements.

● USPSC Offeror form AID 309-2. Offerors are required to complete sections A through I. This form must be physically signed. Electronic signatures may be accepted.

● Ability to obtain and maintain a Secret clearance. If there is a change in circumstances requiring access to National Security information classified at the Top-Secret level, the offeror may be asked to obtain and maintain a Secret up to Top Secret/Sensitive Compartmented Information level clearance as provided by USAID.

● Ability to obtain and maintain a Department of State medical clearance throughout the contract, if applicable.

● Must not appear as an excluded party in the System for Award Management (SAM.gov).

● Satisfactory verification of academic credentials.

OFFEROR RATING SYSTEM

The offeror rating system factors are used to determine the competitive ranking of qualified offerors in comparison to other offerors. Offerors must demonstrate the rating factors outlined below within their resume, as they are evaluated strictly by the information provided. The rating factors are as follows:

Matrix (30 points)

Professional Experience (8 points)

● Direct donor-based experience with United States Government (USG) international humanitarian agencies, such as USAID or the Department of State, or other international disaster response donor organizations. (2 points)

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● Direct experience managing humanitarian interventions in an international disaster context across the entire disaster management cycle. This must include emergency response, and at least one of the following: recovery, disaster risk reduction, or resilience. (2 points)

● Specific experience managing humanitarian programs, including needs assessment, strategy development, budget management, resource prioritization, program development, or program management. (4 points for all six; 2 points for three; 0 points for fewer than three)

Management/Supervisory Experience (10 points)

● Demonstrated experience managing and providing strategic direction to a diverse team in an international humanitarian crisis. (4 points)

● Experience administering the performance review cycle for employees, to include at least 4 of the following: reviewing statements of work; setting annual performance goals; conducting annual performance reviews; documenting disciplinary reviews; drafting personnel award documents. (4 points)

● Experience mediating issues among professionals working in international humanitarian crises.

(2 points)

Skills and Abilities (12 points)

● Experience coordinating with various stakeholders and providing guidance on humanitarian and disaster risk reduction issues to senior diplomats including Ambassadors, Mission Directors, or other heads of diplomatic agencies. (4 points)

● Experience leading and representing a large international humanitarian organization in an active humanitarian crisis setting to develop humanitarian interventions strategies with local governments, donors, NGO partners, and UN agencies. (4 points)

● Experience negotiating complex humanitarian issues with senior humanitarian professionals working in an international humanitarian crisis. (2 points)

● Skill developing written reports and providing oral briefings of humanitarian assistance activities at a regional level that provide strategy and policy recommendations. (2 points)

Interview (50 points)

Satisfactory Professional Reference Checks (20 points) Offerors must provide their references to BHA upon request no later than seven (7) days from initial request. Failure to meet this requirement will lead to a score of zero (0) in this portion of the Offeror Rating System.

Total Possible Points: 100

BASIS OF RATING: Offerors who meet the Education/Experience requirements and Selection Factors will be further evaluated in accordance with the Offeror Rating System. Those offerors determined to be competitively ranked may also be evaluated on interview performance and satisfactory professional reference checks.

Offerors are required to address each factor of the Offeror Rating System in their resume, describing specifically and accurately what experience, training, education and/or awards they have received as it pertains to each factor. Be sure to include your name and the announcement number at the top of each

8 | Page additional page. Failure to address the selection factors and/or Offeror Rating System factors may result in not receiving credit for all pertinent experience, education, training and/or awards.

The most qualified offerors may be interviewed and required to provide a writing sample. BHA will not pay for any expenses associated with the interviews. Professional references and academic credentials will be evaluated for offerors being considered for selection.

Note: Please be advised that references may be obtained independently from other sources in addition to the ones provided by an offeror. BHA reserves the right to select additional offerors if vacancies become available during the future phase of the selection process.

IV. SUBMITTING AN OFFER

1. Eligible Offerors are required to complete and submit the offer form AID 309-2, “Offeror Information for Personal Services Contracts with Individuals,” available at http://www.usaid.gov/forms.

2. Offers must be received by the closing date and time specified in Section I, item 3, and submitted to the Point of Contact in Section I.

3. Offeror submissions must clearly reference the Solicitation number on all offeror submitted documents.

4. Complete resume. In order to fully evaluate your offer, 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 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) Education and any other qualifications including job-related training courses, job-related skills, or job-related honors, awards or accomplishments. Failure to identify an academic discipline will result in disqualification.

(d) U.S. Citizenship

(e) Optional: How did you hear about this opportunity? (SAM.gov, BHA Jobs, Career Fair, etc.).

Your resume must contain sufficient information to make a valid determination that you fully meet the experience requirements as stated in this solicitation. This information must 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.

Additional documents submitted will not be accepted.

By submitting your offer materials, you certify that all of the information on and attached to the offer is true, correct, complete, and made in good faith. You agree to allow all information on and attached to the offer to be investigated. False or fraudulent information on or attached to your offer 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 offers for the intended position, please reference the solicitation number on your offer, and as the subject line in any email.

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5. NOTE: If the full security application package is not submitted within 30 days after the Office of Security determines eligibility, the offer may be rescinded. If a Secret security clearance is not obtained within nine months after offer acceptance, the offer may be rescinded. If Top Secret is required, and clearance is not obtained within nine months after award, USAID may terminate the contract at the convenience of the government. If Sensitive Compartmented Information (SCI) access is not obtained within nine months after Top Secret clearance is granted, USAID may terminate the contract at the convenience of the government.

6. NOTE: If the full medical clearance package is not submitted within two months after offer acceptance, the offer may be rescinded. If a Department of State medical clearance is not obtained; the offer may be rescinded.

7. NOTE REGARDING GOVERNMENT OBLIGATIONS FOR THIS SOLICITATION: This 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 offer.

V. LIST OF REQUIRED FORMS PRIOR TO AWARD

The CO will provide instructions about how to complete and submit the following forms after an offeror is selected for the contract award.

Forms outlined below can be found at:

http://www.usaid.gov/forms/ or at http://www.forms.gov/bgfPortal/main.do

1. Resume.

2. USPSC Offeror Form (AID 309-2)

3. Medical History and Examination Form (DS-6561). **

4. Questionnaire for Sensitive Positions (for National Security) (SF-86), or **

5. Questionnaire for Non-Sensitive Positions (SF-85). **

6. Finger Print Card (FD-258). **

7. Employment Eligibility Verification (I-9 Form). **

** Forms 3 through 7 shall be completed ONLY upon the advice of the Contracting Officer that an offeror is the successful candidate for the job.

VI. BENEFITS AND ALLOWANCES

As a matter of policy, and as appropriate, a USPSC is normally authorized the following benefits and allowances:

1. BENEFITS:

(a) Employer's FICA Contribution

(b) Contribution toward Health & Life Insurance

(c) Pay Comparability Adjustment

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(d) Annual Increase (pending a satisfactory performance evaluation)

(e) Eligibility for Worker's Compensation

(f) Leave and Holidays

2. ALLOWANCES

Section numbers refer to rules from the Department of State Standardized Regulations (Government Civilians Foreign Areas), available at https://aoprals.state.gov/content.asp?content_id=282&menu_id=101

(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)

(j) Danger Pay. (Section 650)

VII. TAXES

USPSCs are required to pay Federal income taxes, FICA, Medicare and applicable State Income taxes.

VIII. USAID REGULATIONS, POLICIES AND CONTRACT CLAUSES PERTAINING TO PSCs

USAID regulations and policies governing USPSC awards are available at these sources:

1. USAID Acquisition Regulation (AIDAR), Appendix D, “Direct USAID Contracts with a U.S. Citizen or a U.S. Resident Alien for Personal Services Abroad,” including contract clause “General Provisions,” available at:

https://www.usaid.gov/ads/policy/300/aidar

2. Contract Cover Page form AID 309-1 available at https://www.usaid.gov/forms .

Pricing by line item is to be determined upon contract award as described below:

LINE ITEMS

ITEM NO

(A)

SUPPLIES/SERVICES (DESCRIPTION)

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

0001 Base Year 1 - Compensation, Fringe Benefits and Other Direct Costs (ODCs)

- Award Type: Cost

- Product Service Code: 497

- Accounting Info: [Insert from Phoenix]

1 LOT $ _TBD $_TBD at Award after negotiation s with Contractor

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0002 Base Year 2 - Compensation, Fringe Benefits and Other Direct Costs (ODCs)

- Award Type: Cost

- Product Service Code: 497

- Accounting Info: [Insert from Phoenix]

1 LOT $ _TBD $_TBD at Award after negotiation s with Contractor

0003 Base Year 3 - Compensation, Fringe Benefits and Other Direct Costs (ODCs)

- Award Type: Cost

- Product Service Code: 497

- Accounting Info: [Insert from Phoenix]

1 LOT $ _TBD $_TBD at Award after negotiation s with Contractor

0004 Base Year 4 - Compensation, Fringe Benefits and Other Direct Costs (ODCs)

- Award Type: Cost

- Product Service Code: 497

- Accounting Info: [Insert from Phoenix]

1 LOT $ _TBD $_TBD at Award after negotiation s with Contractor

0005 Base Year 5 - Compensation, Fringe Benefits and Other Direct Costs (ODCs)

- Award Type: Cost

- Product Service Code: 497

- Accounting Info: [Insert from Phoenix]

1 LOT $ _TBD $_TBD at Award after negotiation s with Contractor

3. Acquisition and Assistance Policy Directives/Contract Information Bulletins (AAPDs/CIBs) for Personal Services Contracts with Individuals available at: http://www.usaid.gov/work-usaid/aapds-cibs

AAPD 06-10 – PSC Medical Expense Payment Responsibility AAPD No. 06-10 is hereby incorporated as Appendix 1 to the solicitation.

AAPD 21-05 – Revised and Expanded Fringe Benefits for U.S. Personal Services Contractors AAPD No. 21-05 is hereby incorporated as Appendix 2 to the solicitation.

FAR 52.222-50 – Revised Combating Trafficking in Persons FAR Clause 52.222-50 is hereby incorporated as Appendix 3 to the solicitation.

FAR 52.204-27 Prohibition on a ByteDance Covered Application.

FAR Clause 52.204-27 is hereby incorporated as Appendix 4 to the solicitation.

4. Ethical Conduct. By the acceptance of a USAID personal services contract as an individual, the contractor will be acknowledging receipt of the “Standards of Ethical Conduct for Employees of the Executive Branch,” available from the U.S. Office of Government Ethics, in accordance with General Provision 2 and 5 CFR 2635. See https://www.oge.gov/web/oge.nsf/OGE%20Regulations.

5. PSC Ombudsman

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The PSC Ombudsman serves as a resource for any Personal Services Contractor who has entered into a contract with the United States Agency for International Development and is available to provide clarity on their specific contract with the agency. Please visit our page for additional information:

https://www.usaid.gov/work-usaid/personal-services-contracts-ombudsman

The PSC Ombudsman may be contacted via: PSCOmbudsman@usaid.gov

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APPENDIX 1

USPSC PROVISION “MEDICAL EXPENSE PAYMENT RESPONSIBILITY (OCTOBER 2006) MEDICAL EXPENSE

PAYMENT RESPONSIBILITY (OCTOBER 2006)

(a) Definitions. Terms used in this General Provision are defined in 16 FAM 116 (available at http://www.foia.state.gov/REGS/fams.asp?level=2&id=59&fam=0). Note: 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 AAPD 06-10 PSC Medical Expense Payment Responsibility 6 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

14 | Page 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 through 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 AAPD 06-10 PSC Medical Expense Payment Responsibility 7 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).

[End of Provision]

APPENDIX 2

GP. 5 Leave and Holidays [Deviation (NOV 2021)]

(a) Annual Leave

(1) The contractor may accrue annual leave at the rate specified in paragraph (a)(2) of this clause as follows:

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(i) If the contract period of performance is ninety (90) calendar days or more, and the contractor's performance is continuous for the contract period of performance, the contractor is entitled to accrue annual leave as of the start date of the contract.

(ii) If the contract period of performance is ninety (90) calendar days or more, and the contractor's performance is not continuous during the contract period of performance, the contractor is entitled to accrue annual leave only for each instance of continuous performance of ninety (90) calendar days or more.

(iii) If the contract period of performance is less than ninety (90) calendar days, the contractor is not entitled to accrue annual leave.

(2) The rate at which the contractor will accrue annual leave is based on the contractor's time in service according to the table of this paragraph (a)(2). The accrual rates are based on a full-time, 40-hour workweek, which will be prorated if the contract provides for a shorter workweek:

Time in Service Annual Leave (AL) Accrual Rate 0 to 3 years 4 hours of leave for each 2-week period over 3, and up to 15 years 6 hours of AL for each 2-week period (including

10 hours AL for the final pay period of a calendar year) over 15 years 8 hours of AL for each 2-week period

(i) USAID will calculate the time in service based on all the previous service performed by the contractor as—:

(A) An individual personal services contractor with USAID for any duration covered by Sec. 636(a)(3) of the FAA or other statutory authority applicable to USAID; and/or

(B) A former U.S. Government (USG) direct-hire civilian employee; and/or

(C) An honorable active duty member of the uniformed services based on the definition in 5 U.S.C. 2101(3).

(ii) In addition to the information certified by the contractor in their Offeror Information form, the contracting officer may require the contractor to furnish copies of previously executed contracts, and/or other evidence of previous service (e.g., SF 50, DD Form 214 or 215) to conduct the due diligence necessary to verify creditable previous service.

(3) Annual Leave is provided under this contract primarily for the purposes of providing the contractor necessary rest and recreation during the period of performance. The contractor, in consultation with the Supervisor, must develop an annual leave schedule early in the period of performance, taking into consideration the requirements of the position, the contractor's preference, and other factors. The maximum amount of annual leave that the contractor can carry over from one leave year to the next is limited to 240 hours. The contractor's unused

16 | Page annual leave balance in excess of the 240 hour maximum at the end of the last pay period of each leave year will be forfeited, unless the requirements of the position precluded the contractor from taking such leave. The contractor may be authorized to restore annual leave for exceptional circumstances beyond the control of the contractor. The restoration of annual leave may be approved only by the USAID Administrator, cognizant Assistant Administrator or Head of an Independent Office reporting directly to the USAID Administrator, and cannot be delegated further. Annual leave restored must be scheduled and used no later than either the end of the leave year two years after either—

(i) The end of the leave year two years after the date fixed by the approving official as the termination date of the exceptional circumstances beyond the contractor's control, which resulted in the forfeiture; or

(ii) The end of the contract.

(4) The contractor must use all accrued annual leave during the period of performance. At the end of the contract, the contractor will forfeit any unused annual leave except where the requirements of the position precluded the contractor from taking annual leave. In this case, the contracting officer may authorize the following:

(i) The contractor to take annual leave during the concluding weeks of the contract, not to exceed the period of performance; or

(ii) Payment of a lump-sum for annual leave not taken based on a signed, written determination and findings (D&F) from the contractor's supervisor. The D&F must set out the facts and circumstances that prevented the contractor from taking annual leave, and the contracting officer must find that the contractor did not cause, or have the ability to control, such facts and circumstances. This lump-sum payment must not exceed the number of days the contractor could have accrued during a twelve (12)-month period based on the contractor's accrual rate.

(5) The contractor may be granted advanced annual leave by the contracting officer when circumstances warrant. Advanced leave must be approved by the Mission Director, cognizant Assistant Administrator, or Head of an Independent Office reporting directly to the Administrator, as appropriate. In no case may the contracting officer grant advanced annual leave in excess of the amount the contractor can accrue in a twelve (12)-month period or over the life of the contract, whichever is less. At the end of the period of performance or at termination, the contractor must reimburse USAID for any outstanding balance of advanced annual leave provided to the contractor under the contract.

(b) Sick Leave. The contractor may use sick leave on the same basis and for the same purposes as USAID direct-hire employees. The contractor will accrue sick leave at a rate not to exceed four (4) hours every two (2) weeks for a maximum of thirteen (13) work-days per year based on a full-time, 40-hour workweek, and the rate of accrual will be prorated if the contract provides for a shorter workweek. The contractor may carry over unused sick leave from year to year under the same contract, and to a new follow-on contract for the same work at the same place of performance. The contractor is not authorized to carry over sick leave to a new contract for a different position or at a different location. The contractor will not be compensated for unused sick leave at the completion of this contract.

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(c) Home Leave. (1) The contractor may be granted home leave to be taken only in the U.S., its commonwealth, possessions, or territories, in one continuous period, under the following conditions:

(i) The contractor must complete twenty-four (24) continuous months of service abroad under this contract, and must not have taken more than thirty (30) workdays leave (annual, sick, or LWOP) in the U.S., its commonwealths, possessions, or territories. The required service abroad will include the actual days in orientation in the U.S. (excluding any language training), travel time by the most direct route, and actual days abroad beginning on the date of arrival in the cooperating country. Any annual and sick leave taken abroad, excluding leave without pay (LWOP), will count toward the period of service abroad. Any days of annual and sick leave taken in the U.S., its commonwealths, possessions, or territories will not be counted toward the required twenty-four (24) months of service abroad.

(ii) The contractor must agree to return immediately after completing home leave to continue performance for an additional—

(A) Two (2) years, or

(B) Not less than one (1) year, if approved in writing by the Mission Director before the contractor departs on home leave.

(iii) If the contractor agrees to meet the conditions in paragraph (c)(1)(ii) of this clause above by returning to the same USAID Mission under this contract or a new contract, the contractor may be granted thirty (30) workdays of home leave.

(iv) If the contractor agrees to meet the continued performance conditions of paragraph (c)(1)(ii) of this clause and will be relocating to a different USAID Mission under a new USAID personal services contract immediately following the completion of home leave, the contractor may be granted twenty

(20) workdays of home leave. USAID will provide the contractor these twenty days of home leave under this contract, not under the new contract.

(v) If home leave eligibility is based on paragraph (c)(1)(iv) of this clause, prior to departure on home leave, the contractor must submit to the contracting officer at the current Mission, a copy of the new contract with a special award condition in the contract Schedule indicating the contractor's obligation to fulfill the commitment for continued performance in accordance with paragraph (c)(1)(ii) of this clause.

(2) Notwithstanding the requirements in paragraph (c)(1) of this clause, the contractor may be granted advanced home leave subject to all of the following conditions:

(i) Granting of advanced home leave would serve in each case to advance the attainment of the objectives of this contract; and

(ii) The contractor has served at least eighteen (18) months abroad, as defined in paragraph (c)(4) of this clause, at the same USAID Mission under this contract, and has not taken more than 30 work days leave (annual, sick or LWOP) in the U.S.; and

(iii) The contractor agrees to return immediately to the same Mission to complete the time remaining to meet the twenty-four (24) month period of service required for home leave, which begins after the contractor returns from home leave, plus an additional—

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(A) Two (2) years, or

(B) Not less than one (1) year, if approved by the Mission Director, under the current contract, or under a new contract for the same or similar services at the same Mission, before the contractor departs on home leave.

(3)(i) Home leave must be taken only in the U.S., its commonwealths, possessions, or territories.

Any days spent in any other location will be charged to annual leave, or if the contractor does not have accrued annual leave to cover these days, the contractor will be placed on LWOP.

(ii) Travel time by the most direct route is authorized in addition to the home leave authorized under this “Leave and Holidays” clause. Salary during travel to and from the U.S. for home leave will be limited to the time required for travel by the most direct and expeditious route. Additional home leave travel requirements are included in the “Travel and Transportation Expenses” clause of this contract.

(iii) Except for reasons beyond the contractor's control as determined by the contracting officer, the contractor must return abroad immediately after home leave to fulfill the additional required continued performance of services for any home leave provided under this contract, or else the contractor must reimburse USAID for the salary and benefits costs of home leave, travel and transportation, and any other payments related to home leave.

(iv) Unused home leave is not reimbursable under this contract.

(4) The contracting officer may authorize the contractor to spend no more than five (5) days in work status for consultation at USAID/Washington while on home leave in the U.S., before returning abroad. Consultation in excess of five (5) days or at locations other than USAID/Washington must be approved in advance by the Mission Director or the contracting officer.

(d) Home Leave for Qualifying Posts. (1) If the contractor ordinarily qualifies for home leave and has completed a 12-month period at one of the USAID qualifying…