PSC_Disability_Rights_Advisor_SOLICITATION.pdf

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

SOLICITATION NUMBER: SOL-7200AA18R00048

ISSUANCE DATE: April 11, 2018 CLOSING DATE/TIME: May 23, 2018 12:00 PM Eastern Time

SUBJECT: Solicitation for U.S. Personal Services Contractor (USPSC)

Dear Prospective Applicants:

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

Applications must be submitted in accordance with Attachment 1, Sections I through V of this solicitation. Incomplete or unsigned applications will not be considered. Applications should retain copies of all submissions 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 application. Any questions related to this solicitation must be directed in writing to the Point of Contact specified in Section I, Attachment 1 of this solicitation.

Sincerely, /s/

Mir Ershadullah

Contracting Officer

SOL-7200AA18R00048

USPSC Disability Rights Advisor

ATTACHMENT 1

I. GENERAL INFORMATION

SOLICITATION NUMBER: SOL-7200AA18R00048

ISSUANCE DATE: April 11, 2018

CLOSING DATE FOR RECEIPT OF APPLICATIONS: May 23, 2018

CLOSING TIME FOR RECEIPT OF APPLICATIONS: 12:00PM Eastern Time

POSITION TITLE: Disability Rights Advisor in the Bureau for Democracy, Conflict, and Humanitarian Assistance; Center of Excellence on Democracy, Human Rights, and Governance; Empowerment and Inclusion Division (DCHA/DRG/EI), USAID/Washington

MARKET VALUE: GS-13 Equivalent: $96,970 - $126,062 per annum GS-14 Equivalent: $114,590 - $148,967 per annum

This position has been designated as a “tandem” position that, depending on the qualifications of the candidate, can be filled at either the GS-13 ($96,970 - $126,062 per annum) or GS-14 ($114,590 - $148,967 per annum) equivalent level for the locality pay area of Washington, DC.

Final compensation will be negotiated within the listed market value, based upon the selected candidate’s salary history, qualifications, previous relevant experience and work history, and educational background as reported on the form, AID-302-3. Salaries over and above the pay range will not be entertained or negotiated.

Note: Offerors who submit an application for the GS-14 grade level, but do not meet the minimum qualifications as outlined in this solicitation and as reviewed by the Technical Evaluation Committee, will not be considered for the GS-13 position if they have not submitted a separate application for the GS-13 level. Similarly, Offerors who apply for the GS-13 position, even though they might meet the minimum qualifications for the GS-14 position, will not be considered for the higher graded position if they have not submitted a separate application for the GS-14 position. Applicants who are unsure of which grade level they meet the minimum qualifications for should submit separate applications for the GS-13 and the GS-14 positions.

The application will be considered for the lower grade level if the applicant does not specify the grade level in the submission.

This position is for a Washington, DC based PSC. Candidates who live outside the Washington, D.C. area will be considered for employment, but no relocation expenses will be reimbursed.

PERIOD OF PERFORMANCE: Three Years, with two one-year options

PLACE OF PERFORMANCE: Washington, D.C., with possible field assignments

SECURITY LEVEL REQUIRED: Secret

STATEMENT OF DUTIES:

Background:

The Center of Excellence on Democracy, Human Rights, and Governance is located within the USAID Bureau for Democracy, Conflict and Humanitarian Assistance (DCHA/DRG Center).

The DRG Center’s mission is to advance democracy, human rights and governance for the sake of political freedom, while contributing to socioeconomic progress and overall developmental resilience by integrating DRG across all sectors. It does so by engaging in four distinct activities which fall under the categories of learn, serve and influence:

1. The DRG Center systematically generates knowledge on what works best in advancing democracy, human rights and governance globally and disseminates the knowledge to Missions, the wider USG and the international development community.

2. Drawing on this knowledge, the DRG Center serves as a consultancy group for the DRG sector to Missions and the wider Agency, helping to apply that knowledge practically and programmatically.

3. The DRG Center manages a focused portfolio of grants, contracts and funds that function as critical tools to help advance democracy, human rights and governance.

4. The DRG Center works with the Policy, Planning and Learning Bureau to represent USAID’s DRG sector in interagency arenas, ensuring that DRG programs are integrally linked with U.S. diplomatic efforts and U.S. national-security policy.

The DRG Center consists of the following nine divisions: Civil Society and Media (CSM);

Cross-Sectoral Programs (CSP); Elections & Political Transitions (EPT); Global and Regional Policy (GRP); Governance and Rule of Law (GRL); Human Rights (HR); Learning (L);

Strategic Planning (SP); and Empowerment & Inclusion (EI), to which the PSC will be assigned.

The Empowerment and Inclusion (EI) Division manages the Vulnerable Populations portfolio that works to reduce risks to vulnerable populations and to reinforce the capacities of communities, local civil society organizations, and governments to provide services and protection for vulnerable groups. The programs help vulnerable and marginalized populations gain access to opportunities that support their full participation in society. The division provides bureau and Center leadership on issues such as assistive technology, physical rehabilitation, trauma and torture, children in adversity and disability. The division also oversees five congressionally directed funding streams – Displaced Children and Orphans Fund (DCOF);

Leahy War Victims Fund (LWVF); Victims of Torture Program (VOT); the Disability Program and Wheelchair Program – and the Center on Children in Adversity (CECA). Each provides a dedicated source of financial and technical assistance for projects and activities in their respective programming areas.

The Vulnerable Populations portfolio has been at the forefront of developing innovative and state-of-the-art programming for children affected by war; in setting orthopedic, rehabilitation, and wheelchair standards in developing countries; and in improving treatment and healing options for survivors of torture. It has also lead worldwide policy change on barrier-free accessibility and inclusion of persons with disabilities in family and community. Each fund has its own purpose and strategy, but they share a focus on providing services to poor and vulnerable people and an emphasis on community.

The Disability Program, which the incumbent will manage, addresses the needs of and protects and promotes the rights of persons with disabilities in developing countries. The program consists of dedicated funding that specifically promotes the social inclusion of persons with disabilities across development sectors, including DRG. Since 2005, the Disability Program has provided over $46 million in funding for 150 projects and activities in more than 65 countries worldwide. Programming areas have included: democracy, human rights and governance;

employment and workforce development; inclusive education; women’s leadership; disaster risk reduction, among others.

Through the management of this funding program, the DRG Center is often called upon to assist Missions and Washington-based staff in furthering disability inclusive development Agency wide, as well as contribute thought-leadership outside of USAID on issues related to disability rights and development. The subject position responsibilities will be based in Washington and will require occasional international travel for trips ranging in duration from one to four weeks.

Project design and management duties will be multi-disciplinary and global in scope to reflect the wide range of applicability of disability inclusion to the international development context.

The PSC will report to the EI Division Chief.

DCHA/DRG requires an expert in disability inclusive development and international disability rights, and who can perform under general administrative discretion with wide latitude for the exercise of judgment and work of varied difficulty and responsibility. The sensitive nature of the work demands that the incumbent be an individual with good skills of social interaction. The position also demands excellent oral and written communication skills in representing policies, programs, priorities and approach of DCHA/DRG, DCHA, USAID, and the USG in planning, leading and facilitating the inclusion of persons with disabilities across international development.

DUTIES AND RESPONSIBILITIES:

The incumbent is expected to carry out work assignments using independent professional judgment to ensure that effective field support and technical leadership is provided. The PSC receives minimal day-to-day guidance. When reviewed, completed work is evaluated for adherence to policy and to ensure that the broad objectives of the Disability Program are met.

The Disability Rights Advisor will be primarily responsible for leading the overall strategic approach of and managing the Disability Funding Program, including developing the funding program guidelines, solicitation process, and administration of grants; as well as serving as Contracting Officer’s Representative (COR)/Agreement Officer’s Representative (AOR) for centrally-funded and managed projects. A key responsibility of managing the Disability Funding Program is reporting to Congress annually. This requires producing reports that respond to Congressional interests and communicate the strategic approach of the program. The PSC will be required to orally brief Members of Congress on the funding program and other disability-specific issues as requested. The incumbent will also chair the technical review process for the Disability Funding program, facilitate funding allowances to the field, and monitor ongoing projects through site visits and other means.

As requested, the Disability Rights Advisor will represent USAID on issues related to disability rights and inclusive development in Inter-Agency processes, such as serving on bi-lateral/multi-lateral donor coordination bodies such as the Global Action on Disability. The incumbent liaises with external, non-USG organizations and serves as the main point of contact for disability.

Within the Agency, the PSC advices on disability inclusive development and strategically advances disability inclusion at the program and policy level. The PSC is required to have a high degree of specialized knowledge in disability rights and USAID policy, as well as an intermediate to advanced level of technical expertise across varying sectors of development in order to advise on program design, implementation and key policy considerations. The PSC must demonstrate a strong understanding of international disability and human rights standards and their relationship with the global development agenda.

The Disability Rights Advisor provides direct technical assistance to Missions as requested. This includes conducting field-based, national-level disability needs assessments that often require meeting with and obtaining relevant information from host-country government counterparts and civil society. Other types of direct assistance include drafting program design documents and advising on the development of Mission-level policy documents such as Mission Orders and Strategies on Disability Inclusive Development.

Within Washington, the PSC conducts and shares multi-disciplinary learning and best practices on disability inclusive development, and develops training materials and resources to further disability inclusive development. While serving in the DCHA Bureau, the position is funded through the Disability Program yearly appropriated funding.

At the GS-13 Level

Decision Making The incumbent will perform under administrative direction with considerable latitude for the exercise of independent judgement, work of difficulty and responsibility requiring extended professional, scientific, or technical training and experience which has demonstrated leadership and attainments in professional, scientific, or technical research, practice or administration. The incumbent exercises judgment in the management of the $7 million annual DCHA/DRG Disability Funding Program. The incumbent will be required to manage the funding program guidelines, solicitation process, and administration of grants as well as oversee direct management of Washington-based awards.

Knowledge Required The incumbent demonstrates a mastery of a professional field to apply experimental theories and new developments to problems not susceptible to accepted methods. Knowledge acquired through education that is the equivalent to the graduate or higher-degree level with study in the specialized area of disability rights and inclusive development is required. The incumbent will be responsible for making decisions and recommendations that influence policy changes at

USAID.

Supervisory Controls The Supervisor will set overall objectives and the employee and supervisor together will develop deadlines and assignments that are aligned with division and Center priorities. The incumbent will have the competence and skill to perform under minimal supervisory controls. The Disability Rights Advisor will be required to carry out work assignments using professional judgement. The incumbent will be responsible for planning, designing and managing the DCHA/DRG Disability Inclusive Development portfolio. Completed work will be reviewed for adherence to policy and to ensure broad objectives of the Disability Program and the DRG Center are met. At the proposed grade level, the Division Chief, Empowerment and Inclusion or his/her designee will supervise the incumbent.

Guidelines The incumbent uses initiative and resourcefulness in researching patterns and trends to develop new methods, criteria or in the provision of input to proposed policies and has the ability to carry out complex work with minimal guidelines. The Disability Rights Advisor will be required to mainstream and institutionalize disability inclusive development within USAID programming relying on minimal existing Agency policy or program guidance on the issue. As such, the incumbent will be required to develop new guidance in coordination with Center leadership and relevant USAID operating units to advance a policy for mainstreaming disability at USAID. In the absence of a higher authority on disability inclusive development at USAID, the incumbent will be required to carry out various duties across policy, programming and external relations.

Complexity The incumbent duties are significantly varied and may require adaptability in applying processes and methods to a broad range of problems/situations that require a significant depth of analysis.

Decisions that must be made involve areas that do not necessarily have a standard approach, methodology, interpretation and evaluating processes. The incumbent’s work requires originating new and appropriate techniques, building on lessons learned, and establishing criteria, or gathering and developing new information in a changing and challenging technical field.

Scope and Effect The incumbent’s work involves establishing criteria, formulating projects, assessing program effectiveness, and investigating or analyzing a variety of conditions, problems or questions. The position holder’s work product or service affects a wide range of Center and agency activities.

Moreover, the position typically includes planning, organizing, designing and coordinating programs or projects, requiring creativity and support of others. The position may also require guiding and coordinating the work of other technical staff.

Personal Contacts The incumbent will maintain contacts with high-ranking professionals or officials inside and outside of the Agency for the purpose of influencing a disability inclusive strategic approach to programming, promotion of USAID and USG principles in broader inclusive development programs and advising on disability inclusion issues. The Disability Rights Advisor will be required to serve as the Agency authority on disability inclusive development and respond to internal and external requests that are related to policy and technical program guidance on USAID and disability inclusive development. The incumbent will be required to engage with other Agency Senior Coordinators to influence broad disability inclusion at USAID.

The Disability Rights Advisor will report directly to the Division Chief, Empowerment and Inclusion or his/her designee in DCHA/DRG.

At the GS-14 Level

Decision Making The incumbent will perform under administrative direction with considerable latitude for the exercise of independent judgement, work of outstanding difficulty and responsibility requiring extended professional, scientific, or technical training and experience which has demonstrated leadership and attainments in professional, scientific, or technical research, practice or administration. The incumbent exercises formal decision making authority in the management of the $7 million annual DCHA/DRG Disability Funding Program. The incumbent will be required to manage the funding program guidelines, solicitation process, and administration of grants as well as oversee direct management of Washington-based awards. The incumbent is expected to have mastery to make decisions or recommendations that significantly shape important public policies.

Knowledge Required The incumbent demonstrates a mastery of a professional field to apply experimental theories and new developments to problems not susceptible to accepted methods. Knowledge acquired through education that is the equivalent to the graduate or higher-degree level with significant study in the specialized area of disability rights and inclusive development is required, as well as the ability to create multi-disciplinary approaches and work across technical areas. The incumbent will be responsible for making decisions and recommendations that influence policy changes at USAID, the inter-agency, and, at times, with other bi-lateral/multi-lateral institutions on issues relevant to disability inclusive development.

Supervisory Controls The Supervisor will set overall administrative direction in terms of broadly defined functions.

The incumbent will have the competence and skill to perform under minimal supervisory controls. The Disability Rights Advisor will be required to carry out work assignments using professional judgement. The incumbent will be responsible for planning, designing and managing the DCHA/DRG Disability Inclusive Development portfolio. Completed work will be reviewed for adherence to policy and to ensure broad objectives of the Disability Program and the DRG Center are met, but the results of the incumbent’s work are considered technically authoritative. At the proposed grade level, the Division Chief, Empowerment and Inclusion or his/her designee will supervise the incumbent.

Guidelines The incumbent uses initiative and resourcefulness in researching patterns and trends to develop new methods, criteria or policies and has the ability to carry out complex work that interprets or develops guidelines. The Disability Rights Advisor will be required to mainstream and institutionalize disability inclusive development within USAID programming relying on minimal existing Agency policy or program guidance on the issue. As such, the incumbent will be required to develop new guidance in coordination with Center leadership and relevant USAID operating units to advance a policy for mainstreaming disability at USAID. In the absence of a higher authority on disability inclusive development at USAID, the incumbent will be required to carry out various duties across policy, programming and external relations and will need to use judgement and ingenuity to develop the appropriate methods for engagement.

Complexity The incumbent duties are significantly varied and will require adaptability in applying processes and methods to a broad range of problems/situations that require a significant depth of analysis.

Decisions that must be made involve areas that do not necessarily have a standard approach, methodology, interpretation and evaluating processes. The incumbent’s work requires originating new and appropriate techniques, building on lessons learned, and establishing criteria, or gathering and developing new information in a changing and challenging technical field.

Scope and Effect The incumbent’s work involves establishing criteria, formulating projects, assessing program effectiveness, and investigating or analyzing a variety of conditions, problems or questions. The position holder’s work product or service affects a wide range of Center and Agency activities.

The employee is recognized as an expert to the experts and his/her work affects the work of other experts. Moreover, the position typically includes planning, organizing, designing and coordinating programs or projects, requiring creativity and support of others. The position will also require guiding and coordinating the work of other professional or technical staff.

Personal Contacts The incumbent will maintain contacts with high-ranking professionals and management officials inside and outside of the Agency for the purpose of developing a disability inclusive strategic approach to programming, promotion of USAID and USG principles in broader inclusive development programs and advising on disability inclusion issues. The Disability Rights Advisor will be required to serve as the Agency authority on disability inclusive development and respond to internal and external requests that are related to policy and technical program guidance on USAID and disability inclusive development. The incumbent will be required to engage with other Agency Senior Coordinators to influence broad disability inclusion at USAID as well as with the news media and public action groups.

The Disability Rights Advisor will report directly to the Division Chief, Empowerment and Inclusion or his/her designee in DCHA/DRG.

AREA OF CONSIDERATION: Open to all U.S. Citizens

PHYSICAL DEMANDS

The work requested does not involve undue physical demands.

POINT OF CONTACT: Joy Burriss U.S. Agency for International Development Office of Acquisition and Assistance Tel: 202-567-4174

Email: jburriss@usaid.gov

II. MINIMUM QUALIFICATIONS REQUIRED FOR THIS POSITION

Minimum Qualifications for Hiring at the GS-13 Level

● Education/Experience:

o Master's degree in disability studies, disability inclusive development, special education, international development or related field; plus at least 5 years of experience working in disability inclusive development at an international level;

o OR a Bachelor's degree in a pertinent field plus at least 10 years of progressively responsible experience in disability inclusive development at an international level.

• U.S. Citizenship

• Ability to obtain a SECRET level security clearance as provided by USAID

• Verification of academic credentials

• Supplemental document specifically addressing the Quality Ranking Factors (QRFs)

Minimum Qualifications for Hiring at the GS-14 Level

• Education/Experience o Master's degree in disability studies, disability inclusive development, special education, international development or related field; plus at least 10 years of experience working in disability inclusive development at an international level;

o OR a Bachelor's degree in a pertinent field plus at least 15 years of progressively responsible experience in disability inclusive development at an international level.

• U.S. Citizenship

• Ability to obtain a SECRET level security clearance as provided by USAID

• Verification of academic credentials

• Supplemental document specifically addressing the Quality Ranking Factors (QRFs)

III. EVALUATION AND SELECTION FACTORS

Each sub-factor will be weighted equally within the rating factor. The Technical Evaluation Committee (TEC) will select candidates to interview based on a preliminary review of applications. References will be checked only for those candidates interviewed. The TEC can request references from others who know the candidate’s work in addition to the references provided by the candidate. Upon completion of interviews and reference checks, TEC members will revise their scores for those candidates. The candidate with the highest overall score will be selected based on the criteria below.

Quality Ranking Factors (QRFs):

1. Technical Expertise (50 points)

• Demonstrated ability to provide high-level analysis and technically sound recommendations on international disability inclusive development issues.

• Demonstrated technical expertise in conceptualizing strategies and designing evidence-based programs to support international disability inclusive development in low and middle income countries.

2. Communication (30 points)

• Demonstrated ability to communicate effectively orally and in writing with high-level officials, including Members of Congress, with minimal editing or supervision.

• Proven track record of quickly gathering, analyzing and synthesizing information for use by principals.

• Demonstrated productive and positive working relationships and communication with colleagues and peers.

3. Teamwork (20 points)

• Proven track-record of working effectively and collaboratively on diverse teams, both as a team leader and as a team member.

• Sound judgment and collegiality when working in environments with colleagues of diverse backgrounds and of diverse opinions.

Total available points are as follows:

i. Technical Expertise: 50 points

ii. Communication: 30 points

iii. Teamwork: 20 points

Total possible points: 100 points

The successful candidate will be selected based on a review of his/her qualifications, work experience, skills, and abilities; an interview; and the results of reference checks. The hiring panel may check references that have not been specifically identified by applicants and may check references before or after a candidate is interviewed.

Applicants who are selected for an interview will be contacted by the chairperson of the Technical Evaluation Committee. Security clearances will be required after selection of candidate.

IV. APPLYING

Qualified individuals are required to submit:

1) A USAID form AID 302-3 (Offeror Information for Personal Services Contracts) with hand-written signature (available at the USAID website, http://www.usaid.gov/forms/);

2) A resume must be attached to the form AID 302-3. Resumes must contain sufficient information to make a valid determination of meeting experience requirements as stated in this solicitation. This information should be clearly identified in the resume. Failure to provide information sufficient to determine qualifications for the position will result in loss of full consideration.

In order to fully evaluate applications, resumes must include:

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

b. Specific duties performed that fully detail the level and complexity of the work.

c. Education and any other qualifications including job-related training courses, job-related skills, or job-related honors, awards or accomplishments. Upon request Transcripts and/or certifications must be submitted.

3) A brief appendix or cover letter that demonstrates how prior experience and/or training address directly the evaluation criteria should be attached.

4) Names and current contact information of three professional supervisory references that have knowledge of the applicant’s ability to perform the duties set forth in this solicitation.

5) Applications must be received by the closing date and time specified in Section I, and submitted to the Point of Contact identified in Section I.

6) To ensure consideration of applications for the intended position, Applicants must prominently reference the Solicitation number in the application submission.

By submitting your application materials, you certify that all of the information on and attached to the application is true, correct, and complete and made in good faith. You agree to allow all information on and attached to the application to be investigated. False or fraudulent information on or attached to your application may result in you being eliminated from consideration for this position, or being terminated after award, and may be punishable by fine or imprisonment.

NOTE REGARDING GOVERNMENT OBLIGATIONS FOR THIS SOLICITATION

This solicitation in no way obligates USAID to award a PSC contract, nor does it commit USAID to pay any cost incurred in the preparation and submission of the application.

http://www.usaid.gov/sites/default/files/documents/1866/a302-3.doc http://www.usaid.gov/forms/

NOTE REGARDING DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBERS

AND THE SYSTEM FOR AWARD MANAGEMENT

In accordance with FAR 4.1102, USPSCs must be registered in SAM prior to award, except for contracts with individuals for performance outside the U.S. and its outlying areas as indicated in FAR 4.1102(a)(4.) (see ADS 309.3.1.f). USAID will provide a generic DUNS Number for all individuals working outside of the United States.

For general information about DUNS Numbers and SAM, please refer to Federal Acquisition Regulation (FAR) Clause 52.204-6, Data Universal Numbering System (DUNS) Number and FAR 52.204-7, System for Award Management.

https:/acquisition.gov/far/current/html/52_200_206.html or www.sam.gov.

ALL QUALIFIED APPLICANTS WILL BE CONSIDERED REGARDLESS OF AGE, RACE,

COLOR, SEX, CREED, NATIONAL ORIGIN, LAWFUL POLITICAL AFFILIATION, NON-

DISQUALIFYING DISABILITY, MARITAL STATUS, SEXUAL ORIENTATION,

AFFILIATION WITH AN EMPLOYEE ORGANIZATION, OR OTHER NON-MERIT

FACTOR.

V. LIST OF REQUIRED FORMS FOR PSC HIRES

Forms outlined below can found at http://www.usaid.gov/forms/.

Once the CO informs the successful Applicant about being selected for a contract award, the CO will provide the successful Applicant instructions about how to complete and submit the following forms.

1. Medical History and Examination Form (Department of State Forms)

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

3. Questionnaire for Non-Sensitive Positions (SF-85)

4. Finger Print Card (FD-258)

VI. BENEFITS/ALLOWANCES

As a matter of policy, and as appropriate, a PSC 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) http://www.usaid.gov/forms/

(e) Eligibility for Worker's Compensation

(f) Annual and Sick Leave

2. ALLOWANCES (only if applicable to position):

Section numbers refer to rules from the Department of State Standardized Regulations (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)

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)

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. 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 .

http://aoprals.state.gov/content.asp?content_id=231&menu_id=92 http://aoprals.state.gov/content.asp?content_id=231&menu_id=92

4. Acquisition and Assistance Policy Directives/Contract Information Bulletins (AAPDs/CIBs) for Personal Services Contracts with Individuals, available at http://www.usaid.gov/work-usaid/aapds-cibs, contain changes to USAID policy and the PSC General Provisions in accordance with USAID regulations and contracts. Please refer to http://www.usaid.gov/work-usaid/aapds-cibs#psc to determine which AAPDs and CIBs apply to this contract.

AAPD 06-10 – PSC MEDICAL EXPENSE PAYMENT RESPONSIBILITY (OCTOBER 2006)

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

(b) The regulations in the Foreign Affairs Manual, Volume 16, Chapter 520 (16 FAM 520), Responsibility for Payment of Medical Expenses, apply to this contract, except as stated below. The contractor and each eligible family member are strongly encouraged to obtain health insurance that covers this assignment. Nothing in this provision supersedes or contradicts any other term or provision in this contract that pertains to insurance or medical costs, except that section (e) supplements General Provision

25. “MEDICAL EVACUATION (MEDEVAC) SERVICES.”

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

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

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

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

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

(e) The Mission Director may, on the advice of M/MED or an FSMP at post, authorize medical travel for the contractor or an eligible family member in accordance with the General Provision 10, Travel and Transportation AAPD 06-10 PSC Medical Expense Payment Responsibility 6 Expenses (July 1993), section (i) entitled “Emergency and Irregular Travel and Transportation.” In the event of a medical emergency, when time does not permit consultation, the Mission Director may issue a Travel Authorization Form or Medical Services Authorization Form DS-3067, provided that the FSMP or Post Medical Advisor (PMA) is notified as soon as possible following such an issuance. The contractor must promptly file a claim with his or her medevac insurance provider and repay to USAID any amount the medevac insurer pays for medical travel, up to the amount USAID paid under this section. The contractor must repay USAID for medical costs paid by the medevac insurer in accordance with sections (f) and (g) below. In order for medical travel to be an allowable cost under the corresponding General Provision, the http://www.usaid.gov/work-usaid/aapds-cibs 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 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)

AAPD 06-12 – HOMELAND SECURITY PRESIDENTIAL DIRECTIVE-12 (HSPD-12)

(SEPTEMBER 2006)

In response to the general threat of unauthorized access to federal facilities and information systems, the President issued Homeland Security Presidential Directive-12. HSPD-12 requires all Federal agencies to use a common Personal Identity Verification (PIV) standard when identifying and issuing access rights to users of Federally-controlled facilities and/or Federal Information Systems. USAID will begin issuing HSPD-12 “smart card” IDs to applicable contracts, using a phased approach. Effective October 27, 2006, USAID will begin issuing new “smart card” IDs to new contractors (and new contractor employees) requiring routine access to USAID controlled facilities and/or access to USAID’s information systems.

USAID will begin issuance of the new smart card IDs to existing contractors (and existing contractor employees) on October 27, 2007. (Exceptions would include those situations where an existing contractor (or contractor employee) loses or damages his/her existing ID and would need a replacement ID prior to

Oct 27, 2007. In those situations, the existing contractor (or contractor employee) would need to follow the PIV processes described below, and be issued one of the new smart cards.)

Accordingly, before a contractor (including a PSC* or a contractor employee) may obtain a USAID ID (new or replacement) authorizing him/her routine access to USAID facilities, or logical access to USAID’s information systems, the individual must provide two forms of identity source documents in original form and a passport size photo. One identity source document must be a valid Federal or state government-issued picture ID. (Overseas foreign nationals must comply with the requirements of the Regional Security Office.) USAID/W contractors must contact the USAID Security Office to obtain the list of acceptable forms of documentation, and contractors working in overseas Missions must obtain the acceptable documentation list from the Regional Security Officer. Submission of these documents, and related background checks, are mandatory in order for the contractor to receive a building access ID, and before access will be granted to any of USAID’s information systems. All contractors must physically present these two source documents for identity proofing at their USAID/W or Mission Security Briefing.

The contractor or his/her Facilities Security Officer must return any issued building access ID and remote authentication token to USAID custody upon termination of the individual’s employment with the contractor or completion of the contract, whichever occurs first.

The contractor must comply with all applicable HSPD-12 and PIV procedures, as described above, and any subsequent USAID or government-wide HSPD-12 and PIV procedures/policies, including any subsequent related USAID General Notices, Office of Security Directives and/or Automated Directives System (ADS) policy directives and required procedures. This includes HSPD-12 procedures established in USAID/Washington and those procedures established by the overseas Regional Security Office.

In the event of inconsistencies between this clause and later issued Agency or government-wide HSPD-12 guidance, the most recent issued guidance should take precedence, unless otherwise instructed by the Contracting Officer.

The contractor is required to include this clause in any subcontracts that require the subcontractor or subcontractor employee to have routine physical access to USAID space or logical access to USAID’s information systems.

(End of Provision)

(END OF SOL-7200AA18R00048)