2020 Solicitation USPSC Senior Democratic Development Specialist KR.pdf

SOLICITATION NUMBER: 20/2020

ISSUANCE DATE: 08/12/2020

CLOSING DATE: 09/09-/2020 (6:00 pm Almaty local time)

SUBJECT: Solicitation for Personal Services Contractor (PSC)

Senior Democratic Development Specialist, USAID/Kyrgyz Republic, Bishkek, Kyrgyz Republic

Dear Prospective Offerors:

The United States Government, 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.

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 the attachment 1.

Sincerely, Mark Gray Contracting Officer

ATTACHMENT 1 SOLICITATION NO. 20/2020

I. GENERAL INFORMATION

1. SOLICITATION NO.: 20/2020

2. ISSUANCE DATE: 08/12/2020

3. CLOSING DATE/TIME FOR RECEIPT OF OFFERS: 09/09/2020 (6:00 PM Almaty local time)

4. POINT OF CONTACT: Mark Gray, mgray@usaid.gov, or USAID/CA Human Resources, almatyhr@usaid.gov and centralasiajobs@usaid.gov

5. POSITION TITLE: Senior Democratic Development Specialist

6. MARKET VALUE: $92,977-$120,868 per annum (equivalent to GS-14). Final compensation will be negotiated within the listed market value.

7. PERIOD OF PERFORMANCE: The U.S. Personal Services Contract will be for two years (o/a June 20, 2021-June 20, 2023) with three (3) one-year options

8. PLACE OF PERFORMANCE: USAID/Kyrgyz Republic, Bishkek, Kyrgyz Republic with possible travel as stated in the Statement of Work.

9. ELIGIBLE OFFERORS: US Citizens

10. SECURITY LEVEL REQUIRED: Secret

11. STATEMENT OF DUTIES:

1. General Statement of Purpose of the Contract

The incumbent serves as the Senior Democratic Development Specialist in the USAID/Kyrgyz Republic Mission and reports to the Democracy and Governance Office (DGO) Director. S/he serves as a Mission expert providing technical leadership and support for a range of democracy and governance issues related to the ongoing democratic consolidation in the Kyrgyz Republic.

The incumbent provides substantive input in the design, implementation and monitoring of projects in these areas, involving a full range of project and program design, management, oversight, activity monitoring, data collection, political analysis and evaluation of the democracy and governance portfolio in the Kyrgyz Republic.

In this role, the Senior Democratic Development Specialist must be able to employ his/her knowledge of political, social and cultural developments in the Kyrgyz Republic, as well as possess a background in diverse democracy and governance programming, including experience in two or three sub-sectors such as rule of law, human rights, media, civil society, parliamentary systems, local government, elections, political party development, conflict mitigation, countering violent extremism, youth, trafficking-in-persons, and gender development. The incumbent must demonstrate the judgement necessary to successfully navigate politically sensitive programming considerations in order to meet USAID objectives. The Senior Democratic Development Specialist must be able to effectively develop and cultivate cooperative working relationships with local and international non-governmental organizations (NGOs) and implementing partners, international donors, and government partners in the Kyrgyz Republic. In addition, the employee coordinates closely with interagency partners at the U.S. Embassy Bishkek.

mailto:mgray@usaid.gov mailto:almatyhr@usaid.gov mailto:centralasiajobs@usaid.gov

The Senior Democratic Development Specialist also supports rapid response requests from the Ambassador and others related to USAID programs and program areas and serves as a key advisor to Embassy staff and leadership on democracy and governance issues. The Senior Democratic Development Specialist, together with the Supervisory Democracy Officer, provides mentorship and feedback on performance for five FSN staff.

2. Statement of Duties to be Performed

S/he will serve as a high-level decision-maker and provide guidance and recommendations to senior USAID and U.S. Embassy staff. The incumbent will take part in all parts of program life, from concept development to implementation, evaluation, and close out.

Program Development and Management, and Technical Advice 75%

The Senior Democratic Development Specialist plays a leading role in the design, oversight, and management of assistance activities to achieve those USAID/KR Development Objectives and Intermediate Results described in the Country Development Cooperation Strategy (CDCS) to which the democracy and governance portfolio contributes. In fulfilling these duties, the incumbent develops, oversees, manages, and evaluates democracy and governance development activities.

S/he will serve as Contracting Officer’s Representative (COR), Agreement Officer’s Representative (AOR) and/or activity manager for selected politically sensitive activities. The Senior Democratic Development Specialist provides guidance and direction for proposals and implementation of grants, contracts, and cooperative agreements. S/he assists implementing partners to ensure understanding of the performance monitoring system and their role in the process and advises them on specific measurement techniques appropriate for their programs.

The incumbent develops concept papers, project authorizations, and project amendments, in line with agency regulations and guidance and will lead or be a key member of technical selection committees for the award of procurement instruments. Designing programs in line with the USAID/KR strategy requires the incumbent to monitor, analyze, and report on political and social conditions in the Kyrgyz Republic to assess assistance needs and priorities. The incumbent provides support for monitoring and evaluation of democracy and governance activities, including by planning and designing evaluation instruments as needed to make informed program design and management decisions. S/he conducts or leads data gathering, research and analysis, and dialogue with counterparts necessary to inform program design decisions. The incumbent also evaluates the costs, benefits and effectiveness of projects.

The Senior Democratic Development Specialist also supports the development of the Democracy and Governance sections in the Operational Plan, Performance Monitoring Plan, and other key documents and works with the Supervisory Democracy Officer to ensure that all DGO written materials (e.g. all planning and performance reporting documents, memos, briefing checklists, press releases, official/informal communications) are of high quality.

The Senior Democratic Development Specialist will provide expertise to USAID and other USG agencies on democracy and governance development issues in the Kyrgyz Republic and will actively foster and facilitate USG interagency collaboration and cooperation. In particular, the Senior Democratic Development Specialist leads USAID or USG discussions related to specific DG sub-sectors in the Kyrgyz Republic. The focus sub-sectors will depend on the professional experiences and preferences of the selected candidate and the needs of the DGO, but could include national or local governance, rule of law, human rights, civil society, media, youth, electoral and political processes, trafficking-in-persons, countering violent extremism, or other areas. The incumbent will participate in regular and ad hoc donor and government coordination meetings and will provide expert technical advice to all stakeholders on some subset of these sectoral issues as well as advising USAID and U.S. Embassy senior management on appropriate actions. The incumbent will represent USAID as a technical advisor to a variety of formal and informal coordination groups, including but not limited to the Development Partners Coordination Council (DPCC) and Government of Kyrgyzstan technical working groups. As needed, s/he may be asked to represent USAID at meetings with other donors and the Government of the Kyrgyz Republic.

When required, the Senior Democratic Development Specialist will also prepare technical white papers, implementation and action plans, progress reports, press releases, public speeches, and professional correspondence on democracy and governance topics. The Senior Democratic Development Specialist will conduct research and advise other sector teams to inform strategy and program design and management. S/he will work with other offices within the Mission to generate synergies and complementary activities.

Leadership, Mentorship, and Teambuilding 25%

The incumbent will work together with the Supervisory Democracy Officer to lead the DG Team to continuously assess and strengthen the performance of its activities. To this end, the incumbent will drive the DG Team's continuous learning and improvement, through analysis of performance information, consideration of relevant development literature and other information about alternative approaches, and seeking to establish linkages between USAID activities. A crucial piece of the incumbent's job will be mentoring local staff. In addition to the two assigned FSN Project Management Specialists s/he will directly supervise, the incumbent will advise, train and otherwise support the career development of all professional staff responsible for managing democracy and governance activities. S/he will contribute to and oversee the development of sub-sectoral technical competencies among DGO staff in strategy and activity development and program monitoring and evaluation. S/he may also be asked to serve as Acting Office Director in the Office Director's absence.

3. Supervisory Relationship: Senior Democratic Development Specialist provides mentorship to DGO Team and supervises two Project Management Specialists (FSN-10).

4. Supervisory Controls: Senior Democratic Development Specialist receives general supervision from the Senior Democracy Officer, USAID/KR/DGO Office Director.

12. PHYSICAL DEMANDS: The work requested does not involve undue physical demands. Must be available and willing to work additional hours beyond the established 40-hour workweek and outside established Monday-Friday work week, as may be required or necessary. Must be willing to travel throughout the Kyrgyz Republic (25% of time) and occasionally to other countries in Central Asia.

II. MINIMUM QUALIFICATIONS REQUIRED FOR THIS POSITION

Education: A minimum of a Master's Degree in a relevant development-related field (eg: public policy, foreign affairs, law, or other).

Work Experience: This is a position that requires maturity and a minimum of seven years of progressively responsible experience in management of democracy and governance programs, grants, or cooperative agreements, with a proven track record of programmatic accomplishment and professional achievement, demonstrating expertise in management and evaluation of programs and the ability to function in complex, frequently changing political and economic conditions. At least five years of effective international program development/management experience while residing in a transitional or developing country and at least three years or successful leadership experience in a team environment are also required.

Knowledge, Skills and Abilities:

Development Program Management and Writing Excellent project management skills; strong analytical and writing skills as evidenced by previous experience and a writing sample. Technical knowledge in at least 2-3 DG sub-sectors (national or local governance, rule of law, human rights, civil society, media, youth, electoral and political processes, trafficking-in-persons, countering violent extremism, or other areas) is necessary. The incumbent must be fluent in English and have proven ability to communicate quickly, clearly, and concisely, both orally and in writing, including technical reports. S/he must have demonstrated ability to produce professional quality statements of work, white papers, and other professional documents in the specified technical areas. S/he must be able and willing to edit the written work of and mentor local staff to improve their writing skills.

Leadership, Team-building and Vision Technical skills are not sufficient to be selected for this position, and candidates are required to convincingly describe how their experience demonstrates their ability to mentor and develop staff within team environments. The successful candidate should have exceptional leadership and interpersonal skills, and be able to function collaboratively and productively to strengthen team cohesion and help it achieve greater results. The incumbent must have past experience mentoring staff and helping them to develop their skills.

Relationship Building and Communication Incumbent should have a demonstrated ability to develop and maintain high-level, effective relationships with a broad range of host country government officials or NGO counterparts, USAID partners, and other donor organizations. The incumbent must be able to make oral presentations logically and persuasively to senior officials, other donors, the NGO community, and to USAID and other USG officials.

Consideration and selection will be based on a panel evaluation of the Evaluation Factors (Section III). Please note that not all candidates will be interviewed or contacted.

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. The FAR provisions referenced above are available at https://www.acquisition.gov/browse/index/far

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.)

x Offeror is a U.S. Citizen.

x Complete resume submitted. See cover page for resume requirements. Experience that cannot be quantified will not be counted towards meeting the solicitation requirements.

x USPSC Offeror form AID 309-2. Offerors are required to complete sections A through I. This form must be physically signed. Electronic signatures will not be accepted.

x Ability to obtain and maintain a Secret security clearance as provided by USAID.

x Ability to obtain a Department of State medical clearance.

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

OFFEROR RATING SYSTEM

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

Education: 10% Prior Work Experience: 30% Knowledge, Skills and Abilities:

- Program Management and Writing: 20%

- Leadership, Team-building, and Vision: 20%

- Relationship Building and Communications: 20% 100% https://www.acquisition.gov/browse/index/far

Applicants who meet the Education/Experience requirements and Selection Factors will be further evaluated. Applications that do not meet the required minimum qualifications will not be scored.

Candidates meeting the above required qualifications for the position will be evaluated based on information presented in the application.

After meeting the minimum qualifications, consideration and selection will be based on a panel evaluation of the Evaluation Criteria. Additionally, USAID may request writing samples and an interview from the top-scoring candidates. Top-scoring candidates will also be asked to provide three professional references. Please note that not all applicants will be interviewed or contacted.

USAID will not pay for any expenses associated with the interviews unless the expenses are pre-authorized. Reference checks may be conducted on candidates selected for an interview.

Notice to Applicants: USAID reserves the right to obtain from previous employers relevant information concerning the applicant's past performance and may consider such information in its evaluation.

TERM OF PERFORMANCE

The base term of the contract will be for a period of two years, which may be extended upon mutual agreement and subject to, continued need, satisfactory performance and availability of funds. This position has been classified as equivalent to a GS-14 position in the USG Civil Service. The actual salary of the successful candidate will be negotiated depending on qualifications and previous salary history. In addition to the basic salary, differentials and other benefits in effect at the time and which are applicable and subject to change on a similar basis as for direct-hire USG employees will be added.

SECURITY AND MEDICAL CLEARANCE

The USPSC will be required to complete a full physical examination (including relevant immunizations) from his/her own physician and then obtain a medical clearance from State M/MED prior to service overseas. Also, USAID/Central Asia must initiate a security clearance prior to the Contractor’s travel to post of duty. Until a temporary or final adjudication of a security clearance is received, the contract shall not be signed.

If candidate fails to obtain a secret security clearance (temporary or full) within six months, the offer may be retracted.

IV. SUBMITTING AN OFFER

Submission of a résumé alone IS NOT a complete application. This position requires the completion of additional forms and/or supplemental materials as described in this section. Failure to provide the required information and/or materials will result in your not being considered for employment.

All application packages are to be submitted via email to: centralasiajobs@usaid.gov and/or almatyhr@usaid.gov citing the Solicitation number and the Position title.

Interested individuals meeting the Minimum Qualifications above are required to submit the following:

1. 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 number of this Solicitation to ensure the offer is for the position in this Solicitation.

mailto:centralasiajobs@usaid.gov about:blank http://www.usaid.gov/forms

4. Cover letter and current résumé/curriculum vitae (CV). The CV/résumé 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. Ensure the application covers the evaluation and selection criteria, as outlined in Section III of this solicitation.

5. Applicants must provide a minimum of three references within the last five years from the applicant’s professional life, namely individuals who are not family members or relatives.

Ideally, references should be from direct supervisors who can provide information regarding the applicant’s work knowledge and professional experience. Applicants must provide e-mail addresses and/or working telephone numbers for all references.

6. To ensure consideration of offers for the intended position. Offerors must prominently reference the Solicitation number in the offer submission.

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

1. Medical History and Examination form (DS-6561)

2. Questionnaire for Sensitive Positions (for National Security) (SF-86), or Questionnaire for Non-

Sensitive Positions (SF-85)

3. Finger Print Card (FD-258)

4. Declaration for Federal Employment (OF-306)

The above listed forms shall only be completed upon the advice of the Contracting Officer that an applicant 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) Annual and Sick Leave

2. ALLOWANCES: (if/as applicable)

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 (Government Civilians Foreign Areas):

(a) Temporary Quarter Subsistence Allowance (Section 120)

(b) Living Quarters Allowance (Section 130)

(c) Cost-of-Living Allowance (Chapter 210)

(d) Post Allowance (Section 220)

(e) Separate Maintenance Allowance (Section 260)

(f) Education Allowance (Section 270) https://aoprals.state.gov/content.asp?content_id=282&menu_id=101

(g) Education Travel (Section 280)

(h) Post Differential (Chapter 500)

(i) Payments during Evacuation/Authorized Departure (Section 600), and

(j) Danger Pay Allowance (Section 650)

The employee must meet qualification requirements for certain benefits and allowances.

VII. TAXES

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

VIII. USAID REGULATIONS, POLICIES AND CONTRACT CLAUSES PERTAINING

TO PSCs

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

1. USAID Acquisition Regulation (AIDAR), Appendix D, “Direct USAID Contracts with a U.S.

Citizen or a U.S. Resident Alien for Personal Services Abroad,” including contract clause “General Provisions,” available at https://www.usaid.gov/sites/default/files/documents/1868/aidar_0.pdf

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

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

AAPD 06-10 – PSC MEDICAL PAYMENT RESPONSIBILITY

AAPD No. 06-10 is hereby incorporated as Attachment 1 to the solicitation.

AAPD 15-02 – Authorization of Family and Medical Leave for U.S. Personal Services Contractors (USPSCs) AAPD No. 15-02 is hereby incorporated as Attachment 2 to the solicitation.

AAPD 18-02 REVISED - Medical Evacuation (MEDEVAC) Services AAPD No. 18-02 is hereby incorporated as Attachment 3 to the solicitation.

FAR 52.222-50 – COMBATING TRAFFICKING IN PERSONS

FAR Clause 52.222-50 is hereby incorporated as Attachment 4 to the solicitation.

FAR 52.204-24 – Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019) FAR Clause 52.204-24 is hereby incorporated as Attachment 5 to the solicitation.

FAR 52.204-25 – Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019) FAR Clause 52.204-25 is hereby incorporated as Attachment 6 to the solicitation.

4. Ethical Conduct. By the acceptance of a USAID personal services contract as an individual, the contractor will be acknowledging receipt of the “Standards of Ethical Conduct for Employees of the Executive Branch,” available from the U.S. Office of Government Ethics, in accordance with General Provision 2 and 5 CFR 2635. See https://www.oge.gov/web/oge.nsf/OGE%20Regulations https://www.usaid.gov/sites/default/files/documents/1868/aidar_0.pdf http://www.usaid.gov/work-usaid/aapds-cibs http://www.usaid.gov/work-usaid/aapds-cibs https://www.oge.gov/web/oge.nsf/OGE%20Regulations

ATTACHMENT 1

USPSC PROVISION “MEDICAL EXPENSE PAYMENT RESPONSIBILITY (OCTOBER 2006)

MEDICAL EXPENSE PAYMENT RESPONSIBILITY (OCTOBER 2006)

(a) Definitions. Terms used in this General Provision are defined in 16 FAM 116 (available at http://www.foia.state.gov/REGS/fams.asp?level=2&id=59&fam=0). Note: personal services contractors are not eligible to participate in the Federal Employees Health Programs.

(b) The regulations in the Foreign Affairs Manual, Volume 16, Chapter 520 (16 FAM 520), Responsibility for Payment of Medical Expenses, apply to this contract, except as stated below.

The contractor and each eligible family member are strongly encouraged to obtain health insurance that covers this assignment. Nothing in this provision supersedes or contradicts any other term or provision in this contract that pertains to insurance or medical costs, except that section (e) supplements General Provision 25. “MEDICAL EVACUATION (MEDEVAC)

SERVICES.”

(c) When the contractor or eligible family member is covered by health insurance, that insurance is the primary payer for medical services provided to that contractor or eligible family member(s) both in the United States and abroad. The primary insurer’s liability is determined by the terms, conditions, limitations, and exclusions of the insurance policy. When the contractor or eligible family member is not covered by health insurance, the contractor is the primary payer for the total amount of medical costs incurred and the U.S. Government has no payment obligation

(see paragraph (f) of this provision).

(d) USAID serves as a secondary payer for medical expenses of the contractor and eligible family members who are covered by health insurance, where the following conditions are met:

(1) The illness, injury, or medical condition giving rise to the expense is incurred, caused, or materially aggravated while the eligible individual is stationed or assigned abroad;

(2) The illness, injury, or medical condition giving rise to the expense required or requires hospitalization and the expense is directly related to the treatment of such illness, injury, or medical condition, including obstetrical care; and

(3) The Office of Medical Services (M/MED) or a Foreign Service medical provider (FSMP) determines that the treatment is appropriate for, and directly related to, the illness, injury, or medical condition.

(e) The Mission Director may, on the advice of M/MED or an FSMP at post, authorize medical travel for the contractor or an eligible family member in accordance with the General Provision 10, Travel and Transportation AAPD 06-10 PSC Medical Expense Payment Responsibility 6 Expenses (July 1993), section (i) entitled “Emergency and Irregular Travel and Transportation.”

In the event of a medical emergency, when time does not permit consultation, the Mission Director may issue a Travel Authorization Form or Medical Services Authorization Form DS- 3067, provided that the FSMP or Post Medical Advisor (PMA) is notified as soon as possible following such an issuance. The contractor must promptly file a claim with his or her medevac insurance provider and repay to USAID any amount the medevac insurer pays for medical travel, up to the amount USAID paid under this section. The contractor must repay USAID for http://www.foia.state.gov/REGS/fams.asp?level=2&id=59&fam=0 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]

ATTACHMENT 2

GP 5. LEAVE AND HOLIDAYS (DEC 2017)

(Pursuant to class deviation #M/OAA-DEV-AIDAR-18-1c)

(a) Annual Leave

(1) The contractor is not entitled to annual leave if the period of performance of this contract is

90 days or less. If the contract period of performance is more than 90 days, the contractor shall earn annual leave as of the start date of the contract period of performance as specified in paragraph (a)(2) below.

(2) The contractor shall accrue annual leave based on the contractor’s time in service according to the following table:

Time in Service Annual Leave (AL) Accrual Calculation 0 to 3 years Four hours of leave for each two week period over 3, and up to 15 years Six hours of AL for each two week period

(including 10 hours AL for the final pay period of a calendar year) over 15 years Eight hours of AL for each two week period

USAID will calculate the contractor’s time in service based on all the previous service performed by the contractor as a: 1) USAID PSC (i.e., the contractor has served under any USAID personal services contracts of any duration covered by Sec. 636(a)(3) of the FAA or other statutory provision applicable to USAID); and/or 2) former U.S. Government (USG) direct-hire, under either civilian and/or military service.

(3)

(i) AL is provided under this contract for the purposes of affording necessary rest and recreation during the period of performance. The contractor, in consultation with the USAID Mission or USAID/Washington, as appropriate, shall develop an AL schedule early in the contractor's period of performance, taking into consideration project requirements, employee preference, and other factors. All AL earned by the contractor must be used during the contractor’s period of performance. All AL earned by the contractor, but not taken by the end of the contract, will be forfeited. However, to prevent forfeiture of AL, the Contracting Officer may approve the contractor taking AL during the concluding weeks of the contractor's period of performance.

(ii) As an exception to 3(i) above, the contractor may receive a lump-sum payment for leave not taken. To approve this exception, the contractor's supervisor must provide the Contracting Officer with a signed, written Determination and Findings (D&F). The D&F must set out the facts and circumstances that prevented the contractor from taking AL, and the Contracting Officer must find that these facts and circumstances were not caused by, or were beyond the control of, the contractor. This leave payment must not exceed the number of days which could be earned by the contractor during a twelve-month period.

(4) With the approval of the Mission Director or cognizant AA, as appropriate, and if the circumstances warrant, a Contracting Officer may grant the contractor advance AL in excess of the amount earned, but in no case may the Contracting Officer grant advance AL in excess of the amount earned in one year or over the life of the contract, whichever is less.

The contractor agrees to reimburse USAID for any outstanding balance of advance AL provided during the contractor’s assignment under the contract.

(5) Applicants for PSC positions will provide evidence of their PSC and/or USG direct-hire service

- civilian and/or military experience, as applicable, on their signed and dated application form required under USAID policy. By signing the appropriate form, the applicant attests to the accuracy of the information provided. Any applicant providing incorrect information is subject to the penalty provisions in the form. If required to satisfy due diligence requirements on behalf of the Contracting Officer, the contractor may be required to furnish evidence that verifies length of service, e.g., SF 50, DD Form 214, and/or signed contracts.

(b) Sick Leave. The contractor may use sick leave on the same basis and for the same purposes as USAID U.S. direct hire employees. Sick leave is earned at a rate not to exceed four (4) hours every two (2) weeks for a total of 13 work-days per year. Unused sick leave may be carried over under an extension or renewal of this contract with the same individual for the same work.

Otherwise, sick leave will not be carried over from one post to another or from one contract to another. The contractor will not be compensated for unused sick leave upon completion of this contract.

(c) Home Leave.

(1) Home leave is leave earned for service abroad for use only in the U.S., its commonwealths, possessions and territories.

(2) A USPSC who has served at least two years overseas at the same USAID Mission, under the same contract, as defined in paragraph (c)(4) below, and has not taken more than 30 work days leave (annual, sick or LWOP) in the U.S. may be granted home leave in accordance with the following:

(i) if the USPSC returns to the same overseas post upon completion of home leave for an additional two (2) years under the same contract, the USPSC will receive home leave, to be taken at one time, for a period of 30 work days; or if the USPSC returns to the same overseas post upon completion of home leave for such shorter period of not less than one year, as approved in writing by the Mission Director prior to the USPSCs departure on home leave, the USPSC will receive home leave, to be taken at one time, for a period of 30 work days.

(ii) if the USPSC is returning to a different USAID Mission under a USAID personal services contract immediately following completion of the USPSC's home leave, for an additional two (2) years under contract, or for such shorter period of not less than one

(1) year, as approved by the Mission Directors of the "losing" and "gaining" Missions, the contractor will receive home leave, to be taken at one time, for a period of not more than 20 work days. When the PSC is returning to a different USAID Mission, the former Mission will pay for the home leave regardless of what country the PSC will be working in following the home leave;

(iii) if home leave eligibility is based on (c)(2)(ii) above, the USPSC must submit written verification to the losing Mission at the time home leave is requested that the USPSC has accepted a USAID personal services contract at another USAID Mission following completion of the home leave;

(iv) travel time by the most direct route is authorized in addition to the number of work days authorized for home leave;

(v) home leave must be taken in the U.S., its commonwealths, possessions or territories, and any days spent elsewhere will be charged to annual leave (AL.) If the PSC does not have accrued AL, the PSC will be placed on LWOP.

(vi) if the PSC does not complete the additional service required under (c)(2)(i) or (ii)

(that the Contracting Officer finds are other than for reasons beyond the PSC's control), the cost of home leave, travel and transportation and any other related costs must be repaid by the PSC to the Government.

(3) Notwithstanding the requirement in paragraph (c)(2) above, that the USPSC must have served two (2) years overseas under personal services contract with the same Mission to be eligible for home leave, the USPSC may be granted advance home leave subject to all of the following conditions:

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

(ii) The USPSC has served a minimum of 18 months in the Cooperating Country under this contract; and

(iii) The USPSC agrees to return to the Cooperating Country to serve out the remaining time necessary to meet two (2) years of service overseas, plus an additional two (2) years under the current contract or under a new contract for the same or similar services at the same Mission. If approved in advance by the Mission Director, the USPSC may return to serve out any remainder of the two (2) year requirement for service overseas, plus an additional period of not less than one (1) year under the current contract or under a new contract for the same or similar services at the same Mission.

(d) The period of service overseas required under paragraph (c)(2), or paragraph (c)(3) above, will include the actual days in orientation in the U.S. (less language training). The actual days overseas begin on the date of arrival in the cooperating country inclusive of authorized delays enroute. Allowable annual and sick leave taken while overseas, but not LWOP, shall be included in the required period of service overseas. An amount equal to the number of days of annual and sick leave taken in the U.S., its commonwealths, possessions or territories will be added to the required period of service overseas.

(e) Salary during the travel to and from the U.S., for home leave will be limited to the time required for travel by the most expeditious air route. Except for reasons beyond the USPSC's control as determined by the Contracting Officer, the USPSC must return to duty after home leave and complete the additional required service or be responsible for reimbursing USAID for payments made during home leave. Unused home leave is not reimbursable under this contract, nor can it be taken incrementally in separate time periods.

(f) Home leave must be taken at one time, and to the extent deemed necessary by the Contracting Officer, an USPSC in the U.S., on home leave may be authorized to spend not more than five (5) days in work status for consultation at USAID/Washington before returning to post. Consultation at locations other than USAID/Washington as well as any time in excess of five (5) days spent for consultation must be approved by the Mission Director or the Contracting Officer.

(g) Home Leave for Qualifying Posts (HLQP). USPSCs who ordinarily qualify for home leave and have completed a 12-month assignment at one of the USAID qualifying posts (currently Iraq, Afghanistan and Pakistan) are entitled to take ten (10) workdays of leave in addition to the home leave an USPSCs is normally entitled to under the contract in accordance with sub-paragraphs (c)(1) - (6) above. This additional home leave is provided pursuant to an amendment to the Foreign Service Act of 1980 signed by the President on June 15, 2006.

There is no requirement that an eligible USPSC take this additional leave; it is for optional use by the USPSC. If an eligible USPSC elects to take HLQP, the USPSC must take ten (10) workdays of home leave. If the USPSC is returning to the United States and not returning overseas to the same or different USAID Mission, HLQP will not apply.

This new home leave policy is also extended to qualifying Third-Country National PSCs (TCNPSCs) who have an approved exception under AIDAR Appendix J, sec. 4(c)(2)(ii)(B), to apply specific provisions from AIDAR Appendix D, and whose contract includes this General Provision.

However, TCNPSCs will be granted "country leave" vice home leave. The application, requirements, and restrictions will be the same as for USPSCs, but the time taken by a TCNPSC will be taken in the TCNPSC's home country or country of recruitment rather than in the United States, its commonwealths and territories.

(h) Holidays and Excused Absences. The contractor shall be entitled to all holidays and or excused absences granted by the USAID to U.S. direct-hire employees.

(i) Military Leave. Military leave of not more than 15 calendar days in any calendar year may be granted to a contractor who is a reservist of the U.S. Armed Forces. The contractor must provide advance notice of the pending military leave to the Contracting Officer or the Mission Director as soon as known. A copy of any such notice must be part of the contract file.

(j) Leave Without Pay (LWOP). LWOP may be granted only with the written approval of the

Contracting Officer or Mission Director, unless a USPSC is requesting for such leave for family and leave purposes under paragraph (i) below.

(k) Compensatory Time. Compensatory time leave may be granted only with the written approval of the Contracting Officer or Mission Director in rare instances when it has been determined absolutely essential and used under those guidelines which apply to USAID U.S. direct-hire employees.

(l) Family and Medical Leave (FML)

(1) USAID provides family and medical leave (FML) for eligible USPSCs working within the U.S., or any Territories or possession of the United States, in accordance with Title I of the Family and Medical Leave Act of 1993, as amended, and as administered by the Department of Labor under 29 CFR 825. USAID is also extending FML to eligible USPSCs working outside the U.S., or any Territories or possession of the U.S., in accordance with this paragraph (i) as a matter of policy discretion.

(2) FML only applies to USPSCs, not any other type of PSC.

(3) To be eligible for FML, a USPSC must have been employed (i) for at least 12 months by USAID; and (ii) for at least 1,250 hours of service with USAID during the previous 12-month period. The specific eligibility criteria and requirements are provided in USAID policy.

(4) In accordance with 29 CFR 825.200(a) and USAID policy, an eligible USPSC may take up to 12 workweeks of leave under FMLA, Title I, in any 12-month period for the following reasons:

(a) The care of the USPSC’s newborn child.

(b) The care of the USPSC’s newly placed adopted or foster care child.

(c) The care of the USPSC’s spouse, child or parent with a serious health condition.

(d) The USPSC’s own serious health condition.

(e) A qualifying exigency arising from the USPSC’s spouse, child or parent in active duty military status.

(f) Other qualifying exigencies as determined by the Department of Labor.

(5) In accordance with 29 CFR Part 825.207, the USPSC may take LWOP for FML purposes.

However, the USPSC may choose to substitute LWOP with accrued paid leave, including accrued annual or sick leave, or compensatory time earned under this contract. If the USPSC does not choose to substitute accrued paid leave, the CO, in consultation with the USPSC’s supervisor, may require the USPSC to substitute accrued paid leave for LWOP. The CO must verify the accuracy of the USPSC’s accrued paid leave request and obtain the required certifications for approval of FML in accordance with the stated USAID policy.

(6) FML is not authorized for any period beyond the completion date of this contract.

(7) When requesting FML, the USPSC must demonstrate eligibility to the USPSC’s supervisor by completing USAID’s FML request forms, including certifications and other supporting documents required by USAID policy.

(8) The U.S. Department of Labor’s (DOL’s) Wage and Hour Division (WHD) Publication 1420 explains the FMLA’s provisions and provides information concerning procedures for filing complaints for violations of the Act.

(m) Leave Records. The contractor shall maintain current leave records for himself/herself and make them available, as requested by the Mission Director or the Contracting Officer.

https://www.dol.gov/whd/regs/compliance/posters/fmlaen.pdf https://www.dol.gov/whd/regs/compliance/posters/fmlaen.pdf

ATTACHMENT 3

Title 48 of the Code of Federal Regulations (CFR) Chapter 7 USAID Acquisition Regulation (AIDAR)

APPENDIX D--DIRECT USAID CONTRACTS WITH A U.S. CITIZEN OR A U.S.

RESIDENT ALIEN FOR PERSONAL SERVICES ABROAD

GP 25. MEDICAL EVACUATION (MEDEVAC) SERVICES (DEC 2019)

(Pursuant to class deviation #M/OAA-DEV-AIDAR-20-3c)

A contractor who is required to relocate abroad and accompanying eligible family members; or a contractor on official travel status abroad on temporary duty or training, will be provided Medevac services through the Department of State, Bureau of Medical Services, similar to that provided to U.S. Government employees in 16 FAM 300 Medical Travel. Medevac costs that will be covered by USAID include travel and per diem, but do not include medical care costs.

To be eligible for Medevac services covered by the Department of State Medevac program, the contractor and accompanying eligible family members must obtain and maintain international health insurance coverage in accordance with the clause of the contract entitled, “Insurance.”

ATTACHMENT 4

52.222-50 Combating Trafficking in Persons (JAN 2019)

(a) Definitions. As used in this clause -

Agent means any individual, including a director, an officer, an employee, or an independent contractor, authorized to act on behalf of the organization.

Coercion means -

(1) Threats of serious harm to or physical restraint against any person;

(2) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or

(3) The abuse or threatened abuse of the legal process.

Commercial sex act means any sex act on account of which anything of value is given to or received by any person.

Commercially available off-the-shelf (COTS) item means - Any item of supply (including construction material) that is -

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

Debt bondage means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined.

Employee means an employee of the Contractor directly engaged in the performance of work under the contract who has other than a minimal impact or involvement in contract performance.

Forced Labor means knowingly providing or obtaining the labor or services of a person - By threats of serious harm to, or physical restraint against, that person or another person;

By means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; or

By means of the abuse or threatened abuse of law or the legal process. Involuntary servitude includes a condition of servitude induced by means of - Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such conditions, that person or another person would suffer serious harm or physical restraint; or

The abuse or threatened abuse of the legal process.

Recruitment fees means fees of any type, including charges, costs, assessments, or other financial obligations, that are associated with the recruiting process, regardless of the time, manner, or location of imposition or collection of the fee.

Recruitment fees include, but are not limited to, the following fees (when they are associated with the recruiting process) for -

Soliciting, identifying,…