1131PL23RCP31008 - (Bangkok Thailand) Regional Manager PSC Solicitation.pdf

SUBJECT: Combined Synopsis/Solicitation for U.S. Personal Services Contractor Regional Manager for Southeast Asia and the Pacific (Bangkok Thailand)

Solicitation No.: 1131PL23RCP31008 Issuance Date: Monday, October 24, 2022 Closing Date: Monday, November 7, 2022, 4:00 PM ET, Local Time, Arlington, VA

All, The United States Government, represented by the U.S. Trade and Development Agency (USTDA), is seeking applications from qualified United States (U.S.) citizens interested in providing Personal Services Contract (PSC) services as described in the attached solicitation for services under the NAICS code 541690 (size standard: $16.5 MIL).

Interested applicants must submit:

(1) An up-to-date curriculum vitae (CV) or resume: Your CV/resume must contain sufficient relevant information to evaluate the application in accordance with the stated evaluation criteria.

Broad general statements that are vague or lacking specificity will not be considered as effectively addressing particular selection criteria. Applicants are encouraged to write a brief appendix to demonstrate how prior experience and/or training addresses the minimum qualifications and evaluation criteria set forth in the solicitation.

(2) References: Three (3) professional and/or academic references, who are not family members or relatives, with working telephone and e-mail contacts. The references must be able to provide substantive information about your past performance and abilities. USTDA reserves the right to contact your previous employers for relevant information concerning your performance and may consider such information in its evaluation of the application.

(3) Salary history: Applicants should note that the salary history is the base salary paid, excluding benefits and allowances such as housing, travel, educational support, vehicle use, etc.

(4) Writing Samples: Applicants must provide at least two writing samples with their application.

These samples shall be 500 to 1,000 words and should demonstrate the applicant’s ability to clearly communicate complex ideas to the public. Samples must be authored by the applicant;

co-written articles are not accepted.

To be considered for the position a candidate must meet the Minimum Qualifications listed in the solicitation. Consideration and selection will be based on a panel evaluation of the applications vis-a-vis the Evaluation Criteria.

Combined Synopsis/Solicitation No.: 1131PL23RCP31008 U.S. Personal Services Contractor: Regional Manager for Southeast Asia and the Pacific (Bangkok, Thailand)

Proposals/applications must be received by e-mail by closing date and time specified in the cover letter of this solicitation and should be submitted via E-mail to: contractproposals@ustda.gov

Please note that attachments to e-mail must be in Word format (.doc) and Adobe Acrobat format (.pdf) only. Please reference the solicitation number and title of position on your application and in the subject line of any cover letter.

Failure to submit all of the required materials may result in your application not being considered.

An application received after the closing date and time will be considered late, unless there is acceptable evidence to establish that it was received by the Government installation prior to the time and date specified in the solicitation and in accordance with Federal Acquisition Regulation (FAR) 52.212-1(f).

Any questions regarding this solicitation may be directed to:

Tyrone Johnson, Contract Specialist U.S. Trade and Development Agency E-mail: contractproposals@ustda.gov

This contract shall be awarded solely to an individual, not to a firm. The successful candidate must have a unique entity identifier (UEI) created in SAM.gov.

USTDA reserves the right not to award any contract as a result of this solicitation. Applicants should retain for their records copies of all enclosures accompanying their applications.

//Signed//

Tyrone W. Johnson Contract Specialist Office of Acquisition Management

EEO: USTDA IS AN EQUAL EMPLOYMENT OPPORTUNITY EMPLOYER AND

PROVIDES EQUAL OPPORTUNITY AND FAIR AND EQUITABLE TREATMENT IN

EMPLOYMENT TO ALL PEOPLE WITHOUT REGARD TO RACE, COLOR,

RELIGION, SEX, NATIONAL ORIGIN, AGE, DISABILITY, POLITICAL

AFFILIATION, MARITAL STATUS, OR SEXUAL ORIENTATION.

mailto:%20contractproposals@ustda.gov mailto:contractproposals@ustda.gov

U.S. Personal Services Contractor: Regional Manager for Southeast Asia and the Pacific (Bangkok, Thailand)

PRIVACY ACT STATEMENT

This information is provided pursuant to Public Law 93-579 (Privacy Act of 1974), December 31, 1974, for individuals who complete this form.

The Executive Office of the President, Office of Management and Budget has required that all departments and agencies comply with the reporting requirements of Section 6041 of the Internal Revenue Code. Section 6041 states that all departments and agencies making payments totaling $600.00 or more in one year to a recipient for services provided must be reported to the Internal Revenue Service (IRS). The SSN and all financial numbers will be disclosed to the USTDA payroll office personnel and personnel in the Department of Treasury, Division of Disbursements. USTDA will use this SSN to complete Form W-2 of the code on employee compensation. Disclosure by the PSC of the SSN is necessary to obtain the services, benefits or processes provided by this contract. Disclosure of the SSN may be made outside USTDA when disclosure by virtue of a contract being a public document after signature is authorized under the Freedom of Information Act.

U.S. Personal Services Contractor: Regional Manager for Southeast Asia and the Pacific (Bangkok, Thailand)

REGIONAL MANAGER FOR SOUTHEAST ASIA AND THE PACIFIC IN BANGKOK,

THAILAND

1. SOLICITATION NUMBER: 1131PL22RCP31008

2. ISSUANCE DATE: October 24, 2022

3. CLOSING DATE/TIME

FOR RECEIPT OF APPLICATIONS Monday, November 7, 2022, 4:00 PM ET, Local

Time, Arlington, VA

4. POSITION TITLE: Regional Manager for Southeast Asia and the Pacific

Personal Services Contract (PSC)

5. MARKET VALUE: The position is the full-time equivalent of a GS-14 or GS-15 base salary (ranging from $95,973 to $146,757 per annum), depending upon experience.

Final compensation will be based on individual’s qualifications, salary and work history, experience and educational background. Under no circumstances will the base salary be negotiated beyond the GS-15 salary range.

6. PERIOD OF PERFORMANCE: The anticipated period of performance is for one (1) base period from date of appointment, with four (4) one 12-month option periods, for a total of five (5) years if all options are exercised. The exercise of subsequent options will depend upon the continuing need for the services, availability of funds and satisfactory performance.

7. PLACE OF PERFORMANCE: The location of performance of this contract shall be in the U.S.; Bangkok, Thailand; and other locations in the USTDA Southeast Asia and Pacific Region.

8. EVALUATION FACTORS: Evaluation will be done on a 100-point Scale, Education (max of 10 pts); Work Experience (max of 42 pts); Technical Knowledge (max of 30 pts);

and Skills (max of 18 pts)

9. SECURITY ACCESS: Top Secret

10. AREA OF CONSIDERATION: U.S. Citizens

U.S. Personal Services Contractor: Regional Manager for Southeast Asia and the Pacific (Bangkok, Thailand)

SECTION B – SCHEDULE OF SERVICES (CONTINUATION OF SF1449)

B.1 CONTRACT ADMINISTRATION DATA

1. CONTRACT ADMINISTRATION: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR: TBD

b. GOVERNMENT: Contracting Officer (CO) Office of Acquisition Management (AQM) United States Trade and Development Agency (USTDA) 1101 Wilson Blvd., Suite 1100 Arlington, VA 22209

Contracting Officer’s Representative (COR) U.S. Trade and Development Agency 1101 Wilson Blvd., Suite 1100 Arlington, VA 22209

Performance of the work hereunder shall be subject to the technical directions of the COR. As used herein, "Technical Directions" are directions to the PSC, which fill in details, suggest possible lines of inquiry, or otherwise complete the general Terms of Reference. Technical Directions must be within the terms of this contract, shall not change or modify them in any way, and shall not constitute changes, which may only be accomplished by the Contracting Officer.

Notwithstanding any of the other clauses of this contract, the Contracting Officer shall be the only individual authorized to:

(i) Accept nonconforming work,

(ii) Waive any requirement of this contract, or

(iii) Modify any term or condition of this contract.

2. PAYMENT OFFICE: The payment office for the salary and benefits portion of this contract is the U.S. Department of State via Payroll Office, Charleston Financial Service Center, 1969 Dyess Avenue, North Charleston, SC 29409-2621, (803)-308-5300. Travel will be handled by the Administrative Offices of the U.S. Embassy in Thailand.

3. CONTRACT FUNDS DATA: Funds for this contract are chargeable as per Page 1, Contract Cover (To be provided at time of award)

4. PSC'S PAYMENT: Payments shall be made to the PSC by electronic funds transfer.

The payment office for the salary and benefits portion of this contract is the U.S. Department of State via Payroll Office, Charleston Financial Service Center, 1969 Dyess Avenue, North Charleston, SC 29409-2621, (803)-308-5300. Travel will be handled by the Administrative Offices of the U.S. Embassy.

U.S. Personal Services Contractor: Regional Manager for Southeast Asia and the Pacific (Bangkok, Thailand)

B.2 PERIOD OF PERFORMANCE

For a period hereinafter set forth, and as more fully described in Section D, Contract Documents, Exhibits, or Attachments,” the Personal Services Contractor (PSC) shall perform the major duties and responsibilities as required by the U.S. Trade and Development Agency.

Base Period: January 1, 2023 to December 31, 2023 Option Period 1: January 1, 2024 to December 31, 2024 Option Period 2: January 1, 2025 to December 31, 2025 Option Period 3: January 1, 2026 to December 31, 2026 Option Period 4: January 1, 2027 to December 31, 2027

Prior to the exercise of each option period, if they are exercised, the Government will evaluate and may update the salary based on market conditions, such as updates to applicable Department of State allowances, as necessary and as allowed by the Agency’s funding availability.

B.3 PAYMENT SCHEDULE

The not-to-exceed compensation (payment schedule) will be determined prior to award and will be based on the equivalent of base salary up to a GS-15 equivalent. Below is sample breakout of a General Services (GS)-14 and General Services (GS)-15 equivalent compensation schedules.

2022 Estimate for a GS-14, Step 10 equivalent PSC (All figures below are based upon the assumption of hiring an individual with four dependents.)

Salary and Benefits GS-14 Step 10 equivalent: $124,764 Hardship Differential (10%): $12,476 (est., not-to-exceed, taxable income) Cost of Living (est. 10%): $7,644 (est., not-to-exceed, not taxable) FICA/Medicare (7.65%): $9,544

Total Salary/Benefits: $154,428

Reimbursable Allowances Health Insurance: $8,000 Life Insurance: $700 Foreign Transfer Allowance: $1,500 (Transfer Zone 3-WF) Living Quarters Allowance: $70,800 (Group 2-WF) Educational Allowance: $115,200 (Assumes up to three dependents at maximum education allowance of $38400/dependent)

Total Reimbursable: $196,200

Contingency: $2,907

U.S. Personal Services Contractor: Regional Manager for Southeast Asia and the Pacific (Bangkok, Thailand)

Total Contract Value: $353,535 (NTE1)

Salary and benefits GS-15 Step 10 equivalent: $146,757 Hardship Differential (10%): $14,675.70 (Estimated, not to exceed, taxable income) Cost of Living (est. 15%): $10,005 (Based on a percentage of "spendable income”.

Estimated, not to exceed, not taxable) FICA/Medicare (7.65%): $12,349.60 Total Salary/Benefits: $183,787.30

Reimbursable Allowances Health Insurance: $8,000 (Assumption based on anticipated annual contract) Life Insurance: $700 (Assumption based on anticipated annual contract) Foreign Transfer Allowance (FTA): $1,500 (Transfer Zone 3-WF this assumes an employee with family.

For an employee without family the FTA is $750) Living Quarters Allowance (LQA): $70,800 (Assumes a PSC GS14 or 15(Group 2) with family (4- 5 dependents) excluding the PSC. Without family the LQA is $55,400) Educational Allowance: $115,200 (Assumes up to three dependents at maximum education allowance of $38,400/dependent) Total Reimbursable Allowances: $196,200

Contingency: $7,602.70

Total Contract Value: $387,590

(NTE)

* Health insurance is authorized for this contract as a contribution of 72 percent against the contractor’s health insurance premium costs toward either an individual or family policy, provided that such costs may not exceed the maximum U.S. Government contribution for direct-hire personnel as announced annually by the Office of Personnel Management. The Contracting Officer will confirm the individual’s contribution is compliant with the above requirements prior to submitting for reimbursement (please reference 3 FAM 9116.1).

Proof of health and insurance coverage and its actual cost to the PSC shall be submitted to the Contracting Officer before any contribution is made.

**The contribution for life insurance shall be up to 50% of the actual annual costs to the PSC for life insurance, not to exceed $500 per year.

1 Not-to-Exceed (NTE)

U.S. Personal Services Contractor: Regional Manager for Southeast Asia and the Pacific (Bangkok, Thailand)

Contingency and education funds are only authorized by written approval of the Contracting Officer. PSCs Contract salary will be paid out at North Charleston, South Carolina, Financial Services Center, via Electronic Funds Transfer to a U.S. Bank Account. PSCs are considered employees of the U.S. Government (IRS), therefore not eligible for the foreign earned income exclusion.

B.3. WORK WEEK

The PSC's workweek shall be no less than 40 hours. If the contract is for less than full time (40 hours weekly), the annual and sick leave earned shall be prorated (see the General Provision of this contract entitled Leave and Holidays).

This contract has no provisions for the following items:

1. Overtime

2. Retirement

Timesheets are administered through the Embassy with approval by the Regional Director every other week.

B.4. BENEFITS/ALLOWANCES

Benefits, Allowances and U.S. Taxes: PSCs are treated on par with other Government Employees, except for programs based on any law administered by the Federal Office of Personnel Management (e.g., incentive awards, life insurance, health insurance, and retirement programs covered by 5 CFR Parts 530, 531, 831, 870, 871, and 890). While PSCs are ineligible to participate in any of these programs, the following benefits are provided.

As a matter of policy, and as appropriate, a PSC is normally authorized the following benefits and allowances (however, as conditions at post change, benefits and allowances may also be changed):

1. Benefits (if applicable):

a) Employee’s Federal Income Contribution Act (FICA) Contribution

b) Annual Contribution towards Health and Life Insurance

c) Worker’s Compensation

d) Vacation and Sick Leave

e) Access to Health Unit if employee and/or dependents are medically cleared to serve at post of assignment

2. Allowances* (If Applicable):

a) Post Differential (Section 500)

b) Living Quarters Allowance (Section 130)

c) Temporary Lodging Allowance (Section 120)

d) Post Allowance (COLA) (Section 220)

e) Supplemental Post Allowance (Section 230)

U.S. Personal Services Contractor: Regional Manager for Southeast Asia and the Pacific (Bangkok, Thailand)

f) Payment During Evacuation (Section 600)

g) Education Allowance (Section 270)

h) Separate Maintenance Allowance (Section 260)

i) Danger Pay (Section 650)

* Department of State Standardized Regulations (DSSR) (Government Civilians Foreign Areas)

3. In-Kind Allowances:

The USG may provide some or all of the following in-kind allowances, on par with U.S. Direct Hires at the same location, in lieu of some allowances in paragraph “2. Allowances* (If Applicable)” above:

a) Housing

b) Furniture

c) Appliances

d) Furnishings (drapes/blinds, rugs, lights, etc.)

e) Utilities

f) Guard Services for Residence

4. Federal and State Taxes:

a) Federal Taxes: PSCs are not exempt from payment of Federal Income taxes and these will be withheld from compensation payments. A 1099 Form will be issued to the PSC for the reimbursements for health and life insurance.

b) State Taxes: USTDA does not withhold state taxes from compensation payments. State taxes are solely between the employee and the employee’s state of official residence.

5. Rest and Recuperation (R&R) Travel:

a) The following R&R Travel Allowance will be granted to the PSC contractor and his/her authorized dependents to the extent specified by this contract and in reference to the Foreign Affairs Manual Volume 3 (please reference 3 FAM 3720), as from time to time amended. The R&R Travel Allowance must be consistent with Section 901(6) of the Foreign Service Act of 1980 (as amended), Department of State travel regulations, and the guidelines published in 3 FAH-1 H-3720.

b) For the purpose of this contract, the R&R Travel Allowance is limited to one (1) round trip during any continuous 2-year period of service, unbroken by home leave.

Pursuant to the terms of this contract and in reference to 3 FAM 3722(a)(1), any continuous 2-year period of service unbroken by home leave earns the PSC contractor and his/her authorized dependents, one round trip to the R&R destination. The R&R destination for persons serving in Bangkok, Thailand is Sydney, Australia, but an alternate destination may be chosen (please reference 3 FAM 3725(3)). Both home leave and R&R travel may not be requested and/or granted in the same continuous 2-year period of service. If this requirement is not followed, USTDA reserves the right to request the repayment of all R&R travel expenses incurred, including those incurred by eligible family members.

U.S. Personal Services Contractor: Regional Manager for Southeast Asia and the Pacific (Bangkok, Thailand)

B.5. PAYMENT

PSC's Compensation and Reimbursement in U.S. Dollars:

(A) Except to the extent reimbursement is payable in the currency of the Cooperating Country, USTDA shall pay the PSC compensation after it has accrued and reimburse him/her in U.S.

dollars for necessary and reasonable costs actually incurred by him/her in the performance of this contract within the categories listed in paragraph (c), below, and subject to the conditions and limitations applicable.

(B) The amount budgeted and available as personal compensation to the PSC is calculated to cover a calendar period of twelve months.

Maximum U.S.-Dollar Obligation:

In no event shall the maximum U.S.-dollar obligation under this contract exceed $387,590 for the base period and $1,500,000 for the total contract period of performance. PSC shall keep a close account of all obligations he/she incurs and accrues hereunder and promptly notify the Contracting Officer whenever in his/her opinion the USTDA maximum is not sufficient to cover all compensation and costs reimbursable in U.S. dollars which he/she anticipates under the contract.

The PSC shall not be provided with or reimbursed in local currency.

The total estimated salary and benefits cost of this contract is stated in B.2. of this contract. The salary will be based upon a 40-hour work week. Overtime pay is not authorized under this contract. Benefits include costs for FICA, Medicare, education allowance, home leave/allowable miscellaneous unforeseen expenses, and allowable costs for health and life insurance.

This PSC contract is issued as a 12-month base period with four (4) 12-month option periods contract, if exercised. This option gives the government a unilateral right to purchase additional services or extend the term of the contract. The presence of an option is not a guarantee that the government will exercise the option. The Contracting Officer will consider the price and other related factors when determining whether to exercise this option.

PSCs exempt from overtime pay may, after a period of intense and prolonged overtime work and/or travel, be allowed a reasonable amount of time off for rest and recuperation. Such time is handled informally and normally is not shown on the time sheet. Further, such leave is not intended to provide an amount of time equal to the amount of overtime work performed. Precise terms and conditions for such informal compensatory leave are handled by COR, in consultation with management, on a case-by-case basis.

B.6. PRE-CONTRACT EXPENSES

Under no circumstances will the government reimburse any expense incurred before signing of this contract unless such expense was incurred after written authorization by the Contracting

U.S. Personal Services Contractor: Regional Manager for Southeast Asia and the Pacific (Bangkok, Thailand)

Officer. Pre-contract expenses for medical examinations, visas, and passports, etc. will be reimbursed to the PSC or paid directly to suppliers via separate obligation of funds, when approved by USTDA. A contribution to the cost of pre-contract expenses required shall be covered for PSC and each of his/her dependents at an amount not to exceed a maximum USTDA share NTE $300 per person.

SECTION C - CONTRACT CLAUSES

a. CLAUSES INCORPORATED BY REFERENCE

FAR 52.202-1 Definitions JUN 2020 FAR 52.203-12 Limitation on Payments to Influence Certain JUN 2020

Federal Transactions FAR 52.203-16 Preventing Personal Conflicts of Interest JUN 2020 FAR 52.204-2 Security Requirements MAR 2021 FAR 52.204-4 Printed or Copied Double-Sided on Postconsumer MAY 2011

Fiber Content Paper FAR 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 FAR 52.204-25 Prohibition on Contracting for Certain NOV 2021

Telecommunications and Video Surveillance Services or Equipment.

FAR 52.209-10 Prohibition on Contracting with Inverted Domestic NOV 2015 Corporations FAR 52.212-4 Contract Terms and Conditions--Commercial Items NOV 2021 FAR 52.228-3 Worker’s Compensation Insurance (Defense Base Act) JUL 2014 FAR 52.232-3 Payments under Personal Services Contracts APR 1984 FAR 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 FAR 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 FAR 52.245-1 Government Property SEP 2021

b. CLAUSES INCORPORATED BY FULL TEXT

FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (May 2022)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

U.S. Personal Services Contractor: Regional Manager for Southeast Asia and the Pacific (Bangkok, Thailand)

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108- 77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

_X_ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111- 117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) ( 15 U.S.C. 657a).

U.S. Personal Services Contractor: Regional Manager for Southeast Asia and the Pacific (Bangkok, Thailand)

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (13) [Reserved]

_X_ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) ( 15 U.S.C.

644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) ( 15 U.S.C.

644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) ( 15 U.S.C.

637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2021) ( 15 U.S.C.

637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Sep 2021) of 52.219-9.

__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) ( 15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (Sep 2021) ( 15 U.S.C. 637s).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C.

637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep 2021) ( 15 U.S.C. 657f).

__ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) ( 15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (Mar 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Sep 2021) ( 15 U.S.C. 637(m)).

U.S. Personal Services Contractor: Regional Manager for Southeast Asia and the Pacific (Bangkok, Thailand)

__ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Sep 2021) ( 15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).

_X_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022) (E.O.13126).

_X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

_X_ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

_X_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

_X_ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).

_X_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).

__ (36) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA– Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 ( 42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

U.S. Personal Services Contractor: Regional Manager for Southeast Asia and the Pacific (Bangkok, Thailand)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) ( 42 U.S.C. 8259b).

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

__ (48) 52.225-1, Buy American-Supplies (Nov 2021) ( 41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2021) ( 41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.

4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110- 138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (Jan 2021) of 52.225-3.

__ (iii) Alternate II (Jan 2021) of 52.225-3.

__ (iv) Alternate III (Jan 2021) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (Oct 2019) ( 19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

U.S. Personal Services Contractor: Regional Manager for Southeast Asia and the Pacific (Bangkok, Thailand)

_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).

__ (60) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332).

_X_ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).

__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C.

637(d)(13)).

__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (Nov 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter67).

U.S. Personal Services Contractor: Regional Manager for Southeast Asia and the Pacific (Bangkok, Thailand)

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) ( 29 U.S.C. 206 and 41 U.S.C.

chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67).

_X_ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) ( 41 U.S.C. chapter 67).

__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O.

13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

U.S. Personal Services Contractor: Regional Manager for Southeast Asia and the Pacific (Bangkok, Thailand)

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).

U.S. Personal Services Contractor: Regional Manager for Southeast Asia and the Pacific (Bangkok, Thailand)

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) ( 41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) ( 41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O.

13706).

(xix) (A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph

(d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

FAR 52.217-8 - Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within five (5) calendar days.

U.S. Personal Services Contractor: Regional Manager for Southeast Asia and the Pacific (Bangkok, Thailand)

FAR 52.252-2 - Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

www.acquisition.gov.

FAR 52.217-9 Option to Extend the Term of the Contract MAR 2000

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 calendar days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 45 calendar days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

http://www.acquisition.gov/

U.S. Personal Services Contractor: Regional Manager for Southeast Asia and the Pacific (Bangkok, Thailand)

SECTION D – CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS:

D.1. PERFORMANCE WORK SCHEDULE

USTDA helps companies create U.S. jobs through the export of U.S. goods and services for priority infrastructure projects in emerging economies. USTDA links businesses to export opportunities by funding project preparation and partnership-building activities that develop sustainable infrastructure and foster economic growth in partners countries.

Unique among federal agencies, USTDA is mandated to promote the participation of U.S.

industry in infrastructure projects at the critical early stages when design choices and technology options are being defined. USTDA’s project preparation tools include grant funding for feasibility studies, technical assistance, pilot projects and training; while the Agency’s reverse trade missions (RTMs), technical workshops and conferences support partnership-building efforts. These on-demand project preparation and partnership-building activities can be proposed at any time by overseas public and private sector entities and U.S. industry to advance the development, financing, and implementation of quality infrastructure projects, especially in USTDA’s priority sectors of energy, transportation, telecommunications, healthcare, and agribusiness.

USTDA is organized into five regions, each led by a Regional Director. These regional teams prioritize and focus on approximately 20 different countries that are eligible for USTDA‘s funding consideration. The Indo-Pacific Regional Team (“Regional Team”) focuses on identifying and developing activities for USTDA funding consideration that promote U.S.

commercial and strategic interests across the Indo-Pacific region. The Regional Team also works closely with the U.S. interagency to advance a range of U.S. government initiatives. More information regarding USTDA programs and initiatives can be viewed at www.ustda.gov.

The Contractor shall serve as the Regional Manager for Southeast Asia, based in Bangkok, Thailand, Personal Services Contractor (PSC) (herein after “PSC”) position. The PSC is USTDA’s senior resident representative in Bangkok, Thailand, and is responsible for representing and promoting USTDA’s program in the Indo-Pacific region, with a focus on Southeast Asia and the Pacific. The PSC represents USTDA at the U.S. Embassy in Thailand and works directly with other U.S. Government representatives, Southeast Asian public and private sector representatives, the U.S. private sector, and financing institutions. Key responsibilities include: representing the Agency at USTDA-sponsored and other events throughout Southeast Asia and the Pacific, such as conferences and workshops; coordinating USTDA’s program among the USG interagency at the U.S. Embassy and Consulates in Southeast Asia and the Pacific; working with Southeast Asian public and private sector as well as U.S. private sector representatives to develop and implement activities with USTDA funding.

D.1.2. MAJOR DUTIES AND RESPONSIBILITIES

The PSC is responsible for identifying new project opportunities for USTDA; advising USTDA’s Regional Director on program investment strategy in the region; following up on the status of ongoing and past USTDA program activities; ensuring the formalization and http://www.ustda.gov/

U.S. Personal Services Contractor: Regional Manager for Southeast Asia and the Pacific (Bangkok, Thailand) implementation of USTDA grants and contracts; supporting USTDA Definitional Mission (DM), Desk Study (DS), event organizers or other contractors; managing the day-to-day and other related duties as assigned.

The PSC shall work closely with both public and private sector project sponsors, policy makers and other leaders; various lending institutions; and a variety of U.S. Government agencies. As a part of the U.S. Government team in Southeast Asia and the Pacific, the PSC is required to work closely with the U.S. Ambassador and other embassy/consulate colleagues at the U.S. Embassy and Consulates in throughout Southeast Asia and the Pacific.

The PSC will be responsible for conducting business development and providing project management oversight of USTDA’s program in Southeast Asia and the Pacific. The PSC will also represent the Agency at USTDA-sponsored events, at non-USTDA sponsored events, and within the interagency of the U.S. Government; this may require travel up to 25 percent of the year. The PSC will report directly to the Regional Director for the Indo-Pacific and work as a team with Indo-Pacific Country Managers in Washington, D.C. and USTDA’s personnel based in the Indo-Pacific.

Business Development and Project Management

The PSC shall identify and develop new project preparation and partnership building activities that are viable for USTDA funding consideration. This includes identifying activities that promote U.S. exports, and support infrastructure development and economic growth in host countries. Activities may include project preparation for public or private sector infrastructure projects, reverse trade missions, workshops and other activities that support USTDA’s mission.

The PSC shall work with the Regional Director and Indo-Pacific Country Managers in Washington and USTDA’s Business Development Specialists in the Region to define the objectives and scope of a given activity, and based on the mutually developed parameters, develop plans, schedules, resource requirements, and other key data as needed.

In coordination with the Regional Team, the PSC shall monitor USTDA activities throughout the project life-cycle – including proposal evaluation, funding request, grant signing, contractor selection, secondary agreement signing, completion milestones, final report submission and monitoring of results. To accomplish these tasks, the PSC shall maintain close contact with all project stakeholders. The PSC may be required to support Agency evaluation and audit programs.

USTDA Representation

The PSC shall represent USTDA at meetings, conferences and other official events that support the Agency’s mission. This will include making presentations on USTDA’s programs to large and small groups. The PSC shall represent the Agency at both USTDA-sponsored and non- USTDA sponsored events and meetings. This will require regular engagement with U.S.

Embassies in Southeast Asia and the Pacific, host country governments, private sector entities in the region, lending institutions, U.S. companies, among other key stakeholders. The PSC is also responsible for developing and submitting to the USTDA Regional Director an annual work plan

U.S. Personal Services Contractor: Regional Manager for Southeast Asia and the Pacific (Bangkok, Thailand) for locally employed staff, oversight of locally employed staff, and performing office administration, such as budget development and management.

The PSC shall represent and provide on-the-ground support to USTDA-initiated U.S. Indo- Pacific Programs.

The PSC is required to coordinate USTDA activities with relevant Indo-Pacific and U.S.

government agencies, as well as with international financial institutions and other international donors. In particular, the PSC shall work closely with the U.S. Departments of State, Energy, Commerce, Transportation, Agriculture, the U.S. Development Finance Corporation, the Export- Import Bank of the United States, the U.S. Agency for International Development, among other agencies that complement USTDA’s mission. The PSC shall coordinate bilateral events that USTDA participate in and/or support.

Communication and Travel

The PSC shall work closely and communicate regularly with the Arlington, Virginia-based Regional Director and Country Managers, as well as colleagues based in the region, in all…