1 - SOL - Knowledge Management Organizational Learning Advisor 720BHA23R00016 - 2-21-23 CO signed.pdf

SOLICITATION NUMBER: 720BHA23R00016

ISSUANCE DATE: March 28, 2023 CLOSING DATE AND TIME: January 5, 2024, 12:00 P.M. Eastern Time

SUBJECT: 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, Joy Burriss Contracting Officer

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

720BHA23R00016

I. GENERAL INFORMATION

1. SOLICITATION NO.: 720BHA23R00016

2. ISSUANCE DATE: March 28, 2023

3. CLOSING DATE AND TIME FOR RECEIPT OF OFFERS: January 5, 2024, 12:00 P.M. Eastern Time

This solicitation is open and continuous until January 5,2024. The following are the closing dates for each review period:

May 20, 2023, 12:00 P.M. Eastern Time September 8, 2023, 12:00 P.M. Eastern Time January 5, 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: TPQ Recruitment Team, BHA.TPQRecruitment@usaid.gov

5. POSITION TITLE: Knowledge Management/Organizational Learning Advisor (Multiple Positions)

6. MARKET VALUE: This position can be filled at either the GS-13 ($84,546 - $109,908) or GS-14 ($99,908 - $129,878) equivalent level, with locality.

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.

Offerors who meet the minimum qualifications for a GS-13 will be considered for the GS-13 level positions. Offerors who meet the minimum qualifications for a GS-14 will be considered for the GS-14 level only.

Offerors selected at the GS-13 may have an opportunity for advancement to the GS-14 equivalent after at least two years at the GS-13 level if the individual receives a recommendation from the supervisor for advancement along with an Exceeds Fully Successful performance evaluation. Advancement to the GS-14 level is not guaranteed.

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

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7. PLACE OF PERFORMANCE: USAID/Remote

This position has been designated as suitable for remote work. The contractor will be authorized to perform the services under this contract from an alternative worksite. For PSCs authorized to remote work, the alternative worksite determines the locality pay for compensation purposes.

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 Knowledge Management/Organizational Learning (KM/OL) Advisor - Cross Cutting Issues will support the Applied Learning Team’s (ALT’s) work to improve the Bureau for Humanitarian Assistance (BHA) program quality and decision-making through generation of high-quality evidence and learning, and strengthened capacity and practices on adaptive management, crosscutting strategic approaches, intentional learning, and strengthened collaboration. In particular, the KM/OL Advisor will help to elevate Bureau-wide learning around Administration, Agency, and Bureau priorities, including but not limited to food security, resilience, climate change adaptation, humanitarian-development-peace (HDP) coherence, sustainability, conflict sensitivity, protection, local systems/localization, or other priority cross cutting issues as they may arise.

The KM/OL Advisor will champion and facilitate knowledge capture and transfer, collaboration, intentional learning, and adaptive management for office-wide coordination and programmatic and technical inputs. The KM/OL Advisor will also work to determine and meet organizational learning needs and support, strengthen the capacity of BHA staff and partners, and ensure integration of key practices across the program cycle, particularly with regard to cross cutting issues. These efforts contribute to a broader goal of ensuring the capture and application of knowledge and experience produced from BHA programs, thus extending the impact of past investments, facilitating adaptation to new operational and local contexts, and increasing overall effectiveness. In Washington and the field, the KM/OL Advisor serves as a proponent of continuous learning and adaptive management to enable strategic knowledge transfer between

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BHA/Washington and field missions, other USAID Bureaus and Offices, and the implementing partner community.

STATEMENT OF DUTIES TO BE PERFORMED

At the GS-13 equivalent level:

Technical Support to Knowledge Management and Program Learning

•Provide direct KM/OL support to BHA teams and missions through design and facilitation of knowledge sharing efforts, after action learning and lessons learned, and participatory planning meetings and/or workshops.

• Coordinate across technical and program teams and implementing partners to develop and update topic specific learning agendas in order to prioritize and document key research and learning lines of inquiry.

• Strengthen internal and external practices on KM/OL through supporting the development of workshops, guidance, and tools designed to foster generation, sharing, and utilization of emerging evidence and learning.

• Provide oversight to similar efforts by KM/OL support mechanisms.

Program Planning and Management

• Lead participatory processes to identify learning support needs and opportunities of BHA staff globally and integrate contributions from KM/OL mechanisms.

• Support the ALT Team Lead to implement the BHA budget for learning and adaptive management through activity planning, design, and implementation.

• Develop statements of work, requests for proposals or applications, budgets, and supporting documentation for new contracts, grants, or activities.

• Oversee the operations and financial management of those contracts or grants and contribute to activity work plans.

Knowledge Management and Program Learning Liaison on Cross Cutting Issues

• Serve as a liaison between BHA and other USAID operating units to foster Agency-wide organizational learning, collaboration, and adaptive management on Administration and Agency priorities and other cross cutting issues (e.g., HDP coherence, climate change adaptation, resilience, localization, or other Administration priorities as they may arise) to ensure coordination and leveraging of opportunities.

• Initiate and maintain effective relationships with institutional contractors, implementing partners, other agencies, and donors.

• Participate in key KM/OL and topic specific communities of practice to stay abreast of innovation and best practices, identify opportunities for collaboration.

• Disseminate BHA’s program learning and adaptive management experience to external audiences.

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At the GS-14 equivalent level (or if the PSC is hired at a GS-13 and is promoted during contract performance):

In addition to the duties performed at the GS-13 equivalent level, the KM/OL Advisor at the GS-14 equivalent level also performs the following duties:

Technical Support to Knowledge Management and Program Learning

• Develop strategies and oversee the roll-out of emerging program learning through BHA and partner-level knowledge sharing and capacity strengthening.

• Develop strategies for needed BHA program cycle process improvements to facilitate adoption of emerging programmatic learning.

• Lead the design of KM/OL support strategies for geographic and technical teams with BHA/Washington and Missions.

Program Planning and Management

• Establish guidelines, recommend practices, and identify quality control standards for the Applied Learning Team.

• Identify appropriate procurement models, design mechanisms, and procurement processes to enable a broad range of support to KM/OL efforts in strengthening internal and partner capacity to practice program learning, research, adaptive management, and collaborative processes.

Knowledge Management and Program Learning Liaison on Cross Cutting Issues

• Serve as a liaison with senior BHA leadership to ensure awareness and support for BHA organizational learning efforts and emerging learning around cross cutting issues.

General Support to BHA – at the GS-13 equivalent and GS-14 equivalent levels

• The KM/OL Advisor does not have supervisory responsibilities; however, the PSC may serve in an acting leadership role within the bureau in order to meet short-term staffing needs, not to exceed 120 days in a 12-month contract year.

• Sign up for and serve as needed 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.

• As needed, serve on DARTs which may require immediate (within 24 hours) deployment overseas for an extended period of time. During deployment on DARTs (if required), 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 conditions.

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• As needed, may serve on temporary details within the bureau to meet operational needs during staff shortages. Duties performed while on detail will be aligned with the Team’s existing duties and responsibilities and will be directly related to the statement of duties provided.

• 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 the 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.

• Consistently model behaviors that demonstrate a commitment to fostering a welcoming and inclusive work environment free of discrimination, bias, unfairness, exclusion, offensive behaviors, and harassment of any kind.

• Contribute to a collaborative, respectful, and professional work environment by demonstrating partnership and teamwork to accomplish team, division, office, and Bureau objectives.

• Participate in workplace efforts to advance Diversity, Equity, Inclusion, and Accessibility, including those related to Bureau and the Office of Technical and Program Quality programs, partners, staffing, professional development, and other key areas.

• Attend and actively participate in personal-development activities, such as anti-harassment and diversity training opportunities, brown bag sessions, working groups, and/or focus group discussions.

SUPERVISORY RELATIONSHIP:

The USPSC will take direction from and will report to the ALT Team Lead or their designee.

SUPERVISORY CONTROLS:

For GS-13 equivalent:

Supervisor sets overall objectives and resources available; the USPSC consults with the supervisor to develop deadlines, projects, and work to be done. The USPSC is responsible for planning and carrying out assignments. The USPSC is responsible for planning approaches or methodology to be used in carrying out assignments.

For GS-14 equivalent:

Supervisor provides administrative directions in terms of broadly defined missions or functions.

The USPSC independently plans, designs and carries out programs, projects, studies or other work. Results are considered authoritative and are normally accepted without significant change.

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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.)

At the GS-13 equivalent level:

Bachelor’s degree with significant study in or pertinent to the specialized field including:

Knowledge Management, Business Administration, Public Administration, Public Policy, Social Science, or other related fields, plus a minimum of seven (7) years of experience working in international development or humanitarian assistance, of which two (2) years must be related to knowledge management or organizational learning.

OR

Master’s degree with significant study in or pertinent to the specialized field including:

Knowledge Management, Business Administration, Public Administration, Public Policy, Social Science, or other related fields, plus a minimum of five (5) years of experience working in international development or humanitarian assistance, of which two (2) years must be related to knowledge management or organizational learning.

At the GS-14 equivalent level:

Bachelor’s degree with significant study in or pertinent to the specialized field including Knowledge Management, Business Administration, Public Administration, Public Policy, Social Science, or other related fields, plus a minimum of nine (9) years of experience working in international development or humanitarian assistance, of which two (2) years must be related to knowledge management or organizational learning.

OR

Master’s degree with significant study in or pertinent to the specialized field including:

Knowledge Management, Business Administration, Public Administration, Public Policy, Social Science, or other related fields, plus a minimum of seven (7) years of experience working in international development or humanitarian assistance, of which two (2) years must be related to knowledge management or organizational learning.

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AND

● Offeror is a U.S. Citizen.

● Ability to obtain and maintain a Secret Level 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 Top Secret/Sensitive Compartmented Information level clearance after award).

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.

● 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

8 | Page https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/browse/index/far below within their resume, as they are evaluated strictly by the information provided. The rating factors are as follows:

MATRIX (55 points)

Matrix for GS-13 Equivalent (55 points)

Subject Matter Expertise (15 points)

● Experience working in an international development or international humanitarian assistance context. (5 points)

● Experience working to improve programming or policy in food security, resilience, climate change adaptation, humanitarian-development-peace coherence, sustainability, conflict sensitivity, protection, or local systems/localization. (5 points)

● Knowledge of U.S. Government (USG), United Nations (UN), or non-governmental organization (NGO) roles, policies and practices in food security, resilience, climate change adaptation, HDP coherence, sustainability, conflict sensitivity, protection, or local systems/localization. (5 points)

Organizational Learning and Facilitation Skills (15 points)

● Experience in generating and sharing programmatic or technical lessons learned. (5 points)

● Experience translating programmatic learning into actionable recommendations for application in policy or programmatic adaptation. (5 points)

● Experience fostering cross-team or cross-organizational knowledge sharing on programmatic issues relevant to international development or international humanitarian assistance. (5 points)

Planning and Management Skills (15 points)

● Experience planning and managing workstreams independently. (5 points)

● Experience managing budgets. (5 points)

● Experience overseeing the quality of deliverables from implementing partners. (5)

Communication and Representation Skills (10 points)

● Experience working collaboratively with technical experts and implementing partners. (5 points)

● Experience communicating both orally and in writing, through presentations, briefers, talking points, or guidance documents. (5 points)

Matrix Scoring at the GS-14 Equivalent Level (55 points)

Subject Matter Expertise (15 points)

● Experience leading initiatives in an international development or international humanitarian assistance context. (5 points)

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● Experience developing strategies for the improvement of programming or policy in food security, resilience, climate change adaptation, humanitarian-development-peace coherence, sustainability, conflict sensitivity, protection, or local systems/localization. (5 points)

● Experience collaborating with other USG, UN, or NGO around roles and policy and practices in food security, resilience, climate change adaptation, HDP coherence, sustainability, conflict sensitivity, protection, or local systems/localization. (5 points)

Organizational Learning and Facilitation Skills (15 points)

● Experience leading the development of lessons learned on programmatic or technical issues. (5 points)

● Experience developing plans for the application of recommendations from programmatic learning in policy or programmatic adaptation. (5 points)

● Experience fostering cross-team or cross-organizational knowledge sharing on programmatic issues relevant to international development or international humanitarian assistance. (5 points)

Program Planning and Management Skills (15 points)

● Experience developing strategies for the roll-out of technical knowledge and learning. (5 points)

● Experience developing and managing budgets. (5 points)

● Experience setting quality control standards for technical knowledge products. (5 points)

Communication and Representation Skills (10 points)

● Experience in a representational role, effectively working with senior officials, implementing partners, and colleagues. (3 points)

● Experience communicating both orally and in writing through presentations, briefers, talking points, or guidance documents. (4 points)

● Experience communicating complex ideas with clarity and soliciting input from speakers of

English as a second language. (3 points)

Interview Performance (40 points)

Satisfactory Professional Reference Checks (5 points)

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

10 | Page have received as it pertains to each factor. Be sure to include your name and the announcement number at the top of each 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) Offerors must notate on their resume what GS level equivalent is being applied for.

Applicants may list more than one GS level on their resume.

(b) Paid and non-paid experience, job title, location(s), dates held (month/year), and hours worked per week for each position. Any experience that does not include dates (month/year), locations, and hours per week will not be counted towards meeting the solicitation requirements.

(c) Specific duties performed that fully detail the level and complexity of the work.

(d) 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.

(e) U.S. Citizenship

(f) 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 for each grade level(s) for which you are applying. 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.

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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.

5. Ensure Adequate COVID-19 Safety Protocols for Federal Contractors - Please be advised that upon award, the contractor will be required to show proof that the contractor is fully vaccinated against COVID-19 on or before the first date of onboarding, or submit an approved reasonable accommodation to the CO. If the contractor does not meet this requirement the contract may be terminated.* USPSCs/TCNPSCs performing overseas must follow the Mission policies and/or directives from the U.S. Department of State regarding COVID-19 requirements.

*See Notice Regarding Any Court Order Affecting the Implementation of E.O. 14042 in Section VIII below.

6. 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.

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)

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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

(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.

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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. PART 52 - SOLICITATION PROVISIONS AND CONTRACT CLAUSES

Subpart 52.2 - Text of Provisions and Clauses

52.223-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS,

Alternate 70.

ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS (OCT

2021)-Alternate 70 (OCT 2021) (M/OAA-DEV-FAR-22-01c)

(a) Definition. As used in this clause -

United States or its outlying areas means—

(1) The fifty States;

(2) The District of Columbia;

(3) The commonwealths of Puerto Rico and the Northern Mariana Islands;

(4) The territories of American Samoa, Guam, and the United States Virgin Islands; and

(5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll.

(b) Authority. This clause implements Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal Register on September 14, 2021, 86 FR 50985).

(c) Personal Services Contracts with individuals. As a matter of policy, the contractor must comply with the USAID’s guidance applicable to direct-hire federal employees.

(End of Clause)

Notice Regarding Any Court Order Affecting the Implementation of E.O. 14042

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USAID will take no action to enforce the clause (FAR 52.223-99) implementing the requirements of Executive Order 14042, absent further written notice from USAID, where the place of performance identified in the contract is in a U.S. state or outlying area subject to a court order prohibiting the application of requirements pursuant to the Executive Order (hereinafter, “Excluded State or Outlying Area”.) In all other circumstances, USAID will enforce the clause, except for contractor employees who perform substantial work on or in connection with a covered contract in an Excluded State or Outlying Area, or in a covered contractor workplace located in an Excluded State or Outlying Area. A current list of such Excluded States and Outlying area is maintained at https://www.saferfederalworkforce.gov/contractors/.

3. 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 negotiatio ns with Contracto r

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 negotiatio ns with Contracto r

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 negotiatio ns with Contracto r

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

- Award Type: Cost

- Product Service Code: 497

1 LOT $ _TBD $_TBD at Award after negotiatio

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- Accounting Info: [Insert from Phoenix] ns with Contracto r

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

4. 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.

5. 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.

6. PSC Ombudsman

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

APPENDIX 1

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

EXPENSE PAYMENT RESPONSIBILITY (OCTOBER 2006)

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(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, 17 | Page http://www.foia.state.gov/REGS/fams.asp?level=2&id=59&fam=0 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 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]

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APPENDIX 2

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

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(a) Annual Leave

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

(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).

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(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 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.

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(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.

(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.

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(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…