SOL_Program_Manager_PDMS_FINAL_042019.pdf

Request for Personal Service Contractor(s)

United States Agency for International Development

Bureau for Management’s Office of Acquisition and Assistance

Position Title: Program Manager

Solicitation Number: 7200-AA-18-R-000-70

Salary Level: GS-14: Equivalent: $114,590 – 148,967

(Includes Washington, D.C. locality pay)

Issuance Date: April 16, 2019 – Tuesday

Closing Date: May 20, 2019 – Monday

Closing Time: 5:00 P.M. EST

Dear Prospective Applicants:

The United States Government (USG), represented by the U.S. Agency for International

Development (USAID) Office of Acquisition and Assistance, is seeking applications from qualified U.S. citizens to provide personal services as a Program Manager under a United

States Personal Services Contract (USPSC), as described in the attached solicitation.

More than one (1) applicant might be selected from this solicitation.

Submittals must be in accordance with the attached information at the place and time specified.

Applicants interested in applying for this position MUST submit the following materials:

1. Complete resume. In order to fully evaluate your application, your resume must include:

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

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

(c) Names and contact information (phone/email) of your current and/or previous supervisor(s). Current and/or previous supervisors may be contacted for a reference.

(d) Education and any other qualifications including job-related training courses, job-related skills, or job-related honors, awards or accomplishments.

(e) U.S. Citizenship

Your resume should contain sufficient information to make a valid determination that you fully meet the experience requirements as stated in this solicitation. This information should be clearly identified in your resume. Failure to provide information sufficient to determine your qualifications for the position will result in loss of full consideration.

Solicitation for a USPSC Program Manager 7200AA18R00070

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2. Responses to the Quality Ranking Factors: Each applicant’s supplemental document must address the Quality Ranking Factors (QRFs) shown in the solicitation.

3. USPSC Application form AID 302-3: Applicants are required to complete sections A through I. This form must be physically signed and scanned. Electronic signatures will not be accepted.

All USPSCs with a place of performance in the United States are required to have a Data

Universal Numbering System (DUNS) number and be registered in the System for Award

Management (SAM) database prior to receiving an offer. You will be disqualified if you either fail to comply with this requirement or if your name appears on the excluded parties list.

Registration information is available at www.sam.gov and further guidance will be provided to the selectee regarding DUNS and SAM registration.

Additional documents submitted will not be accepted. Incomplete or late applications will not be considered. M/OAA reserves the right to select additional candidates if vacancies become available during future phases of the selection process.

Applicants can expect to receive a confirmation email when application materials have been received. Applicants should retain for their records copies of all enclosures which accompany their applications. Your complete resume, scanned AID 302-2 form, and the supplemental document addressing the QRFs must be emailed to:

Lesley A Stewart at lestewart@usaid.gov and Alisa J Dunn at Adunn@usaid.gov

Any questions regarding this solicitation may be directed to Lesley A. Stewart via the information provided above.

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.

Sincerely, //s//

Lesley A. Stewart

Contracting Officer http://www.sam.gov/ mailto:lestewart@usaid.gov mailto:Adunn@usaid.gov

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1. SOLICITATION NO.: 7200AA18R00070

2. ISSUANCE DATE: February 5, 2019 (REVISED February 8, 2019)

3. CLOSING DATE/TIME FOR RECEIPT OF APPLICATIONS:

March 13, 2019, 5:00 P.M. EST

4. POSITION TITLE: Program Manager

5. MARKET VALUE: This position has been designated at the GS-14 equivalent ($114,590 –

148,967) including Washington, D.C. locality. Final compensation will be negotiated within the listed market value based upon the candidate’s past salary, work history and educational background. Candidates who live outside the Washington, D.C. area will be considered for employment but no relocation expenses will be reimbursed. Salaries over and above the top of the pay range will not be entertained or negotiated.

6. PERIOD OF PERFORMANCE: Two (2) years, with three (3) one year options

7. PLACE OF PERFORMANCE: Washington, D.C.

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

8. SECURITY LEVEL REQUIRED: Secret level security clearance

9. AREAS OF CONSIDERATION: U.S. Citizen

10. STATEMENT OF WORK:

10.1 BACKGROUND

This position is located in the Office of Professional Development and Management Support (PDMS) of the Bureau for Global Health (GH). GH/PDMS is responsible for three functional areas of the Bureau for

Global Health: Professional and Organizational Development, Personnel and Administrative Support.

The Office is composed of three teams. The Professional and Organizational Development Team manage professional development activities, including training (e.g., PHuNdamentals, eLearning and SOTA

(State of the Art) workshops). The incumbent performs a wide range of complex duties in the areas of management analysis, program management, program development and management, budget execution, and human resources management. The incumbent will serve as a COR/AOR for Staffing/Manpower-related contracts/agreements. The functions of this office are described in ADS 101, Organization.

10.2 INTRODUCTION

The incumbent of this USPSC position will be located in the Bureau for Global Health, Office of

Professional Development and Management Support (GH/PDMS) and report directly to the Office

Director. S/he is expected to consult with the Office Director on all policy decisions. S/he is expected to manage relationships and assignments with minimal supervision, but with regular consultation and coordination with the GH/PDMS Office Director.

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10.3 CORE FUNCTIONAL AREAS OF RESPONSIBILITY

Project Planning and Management 45%

Manages significant elements or phases of projects related to major staffing/manpower and human resources functions, programs or operations. Overcomes and resolves difficult and complex technical project management, and organizational problems using innovative and original approaches. Plans, guides, coordinates, and manages the work of subordinate, secondary and/or matrixes resources.

Provides technical advice and guidance to senior Global Health management on position management, human capital alternatives and administrative support for GH and the positions it supports worldwide.

Serves as technical expert in interpretations of financial reports, statements, and data which point out trends, identify deviations from standards and/or plans, and project data into the future. Estimates the effect of proposed changes in legislation or regulations on programs and systems, such as financial systems.

Reviews productivity in all project areas and phases, monitors problem areas, and oversees implementation of solutions to project issues. Conducts periodic and comprehensive evaluation of on-going project functions to work toward ensuring project goals are met. Recommends actions necessary to maintain or improve the quality and quantity of project operations and services, introducing or refining automated systems, operational reorganizations, and or proposals to increase project resources, etc.

Prepares correspondence, technical reports, estimates, fact sheets, status reports, and schedules to complete project assignments and keep interested parties informed of progress on project goals.

Program and Policy Advice Guidance 40%

Serves as the principal (COR) for centrally managed activities, performing the full range of program/project management functions for technical professionals and administrative and program support programs and projects for Agency-wide, global application. Identifies programs/projects that are susceptible to centralized management.

Provides expert advice and guidance on government programs and policies which are of significant interest to the public and Congress. The programs cut across or strongly influence a number of agencies, and/or the employee’s recommendations directly impact key governmental functions or result in substantial redirection of Federal efforts or policies related to major national issues. Prepares reports and/or written analyses regarding USAID policies and positions on difficult.

Manpower contracts and Fellowship programs help USAID address its immediate and emerging human capital needs by developing a diverse group of global health professionals to support and sustain the effectiveness of the Agency’s current and future health programs. This cadre of global health talent is motivated, technically excellent, well-supported, representative of the diversity of the American people, and committed to contributing to USAID’s success in key global health priority areas. Maintains liaison with Mission counterparts and appropriate host-country officials. Prepares planning, authorization, and implementation documents and monitors their timely clearance and execution. Develops or assures preparation of scopes of work and budgets for technical assistance, and prepares justification memoranda for funding and implementation of cooperative agreements, grants, contracts, and inter-agency agreements. Oversees implementation and evaluation of cooperative agreements, grants, contracts, and inter-agency agreements to ensure acceptable quality and conformance to agreed requirements. Monitors partner, grantee and contractor performance, and project progress, to identify substantive or administrative problems, taking corrective action with respect to modifications in program/project

5 | Page content, direction, funding, staff levels, etc. Mediates in cases of discrepancy in implementation between

USAID, other USG agencies, partner/grantees/contractors, and Missions. Recommends expansion or continuation of programs/projects, and initiates and reviews interim and final evaluations, participating in evaluations as needed.

Human Resources Administration and Management 15%

Serves as an expert on human resources management matters for an organization with varied functions and several major support services program areas with frequently changing programs and service requirements. These areas are interrelated, and changes in one major program often impact other support services, administrative programs, or program areas.

Develops correspondence to the Administrator, Bureau AAs, Director of HCTM, or other agency officials on a wide variety of complex and sensitive issues related to the various personnel systems.

OTHER SIGNIFICANT FACTS:

Performs other duties as assigned.

Factor 1-8 Knowledge Required by the Position

The position requires a mastery of a wide range of qualitative and/ or quantitative methods for the assessment and improvement of program effectiveness or the improvement of complex management process and systems; (2) Comprehensive knowledge of the range of laws, policies, regulations, and precedents applicable to the administration of one or more important public programs; (3) Knowledge of agency program goals and objectives, the sequence and timing of key program events and milestones, and methods of evaluating the worth of program accomplishments; and (4) Skill to plan, organize, and direct team study work and to negotiate effectively with management to accept and implement recommendations where the proposals involve substantial agency resources, require extensive changes in established procedures, or may be in conflict with the desires of the activity studied.

Factor 2-5 Supervisory Controls

As a recognized authority in the analysis and evaluation of programs and issues, the employee is subject only to administrative and policy direction concerning overall project priorities and objectives. The employee is typically delegated complete responsibility and authority to plan, schedule, and carry out major projects concerned with the analysis and evaluation of programs or organizational effectiveness.

Analyses, evaluations, and recommendations developed by the employee are normally reviewed by management officials only for potential influence on broad agency policy objectives and program goals.

Findings and recommendations are normally accepted without significant change.

Factor 3-4 Guidelines

Guidelines consist of basic administrative policy statements concerning the issue or problem being studied, and may include reference to pertinent legislative history, related court decisions, state and local laws, or policy initiatives of agency management. The employee uses judgment and discretion in determining intent, and in interpreting and revising existing policy and regulatory guidance for use by others within or outside the employing organization. The employee is recognized as an expert in the development and/or interpretation of guidance on program planning and evaluation in a specialized area.

Factor 4-5 Complexity

Plans and manages major administrative programs. Develops detailed plans, goals, and objectives for the long-range implementation and administration of the program, and/or develops criteria for evaluating the effectiveness of the program. Decisions concerning planning, organizing and conducting studies are

6 | Page complicated by conflicting program goals and objectives. Assignments are complicated by the need to deal with subjective concepts, the quality and quantity of actions are measureable primarily in predictive terms, and findings and conclusions are highly subjective and not readily susceptible to verification through explication of study methods or reevaluation of results. Options, recommendations and conclusions take into account and give appropriate weight to uncertainties about the data and other variables which affect long-range program performance.

Factor 5-5 Scope and Effect

Analyzes and evaluates major administrative aspects of substantive, mission-oriented programs.

Develops long-range program plans, goals, objectives, and milestones or evaluates the effectiveness of programs conducted throughout an agency, or a regional structure of equivalent scope. Identifies and develops ways to resolve problems or cope with issues which directly affect the accomplishment of principal program goals and objectives. Develops new ways to resolve major administrative problems or plans the most significant administrative management aspects of professional or scientific programs.

Develops administrative regulations or guidelines for the conduct of program operations or new criteria for measuring program accomplishments. Study reports contain findings and recommendations of major significance to top management of the agency, and often serve as the basis for new administrative systems, legislation, regulations, or programs.

Factor 6-3 Personal Contacts

Contacts are with persons outside the agency which may include consultants, contractors, or business executives in a moderately unstructured setting. Contacts may also include the head of the employing agency or program officials several managerial levels removed from the employee when such contacts occur on an ad-hoc basis.

Factor 7-3 Purpose of Contacts

The purpose of contacts is to justify or settle matters involving significant or controversial issues; e.g., recommendations affecting major programs, dealing with substantial expenditures, or significantly changing the nature and scope of organizations.

Factor 8-1 Physical Demands

The work is primarily sedentary, although some slight physical effort may be require.

Factor 9-1 Work Environment

Work is typically performed in an adequately lighted and climate controlled office. May require occasional travel.

10.5 START DATE: Immediately, once necessary clearances are obtained.

10.6 POINT OF CONTACT: See Cover Letter.

* Application Process: Applicants must indicate in their application the solicitation number to which they are applying for in their initial one-year base contract. M/OAA reserves the right to place the applicant at the Grade/Step level for which he/she is found qualified during the application process.

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10.7 MINIMUM EDUCATION AND EXPERIENCE REQUIREMENTS FOR THE

POSITION

Minimum Qualifications:

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

At the GS-14 Equivalent level:

A Bachelor’s degree in human resource or business related field from an accredited U.S. or internationally recognized institution AND at least seven (7) years of progressively responsible experience managing multiple manpower mechanisms that provide humanitarian assistance and/or international development assistance at a large organization (governmental or non-governmental)

OR

A Master’s degree in human resources or business related field from an accredited U.S. or internationally recognized institution AND at least three (3) years of progressively responsible experience managing multiple manpower mechanisms that provided humanitarian assistance and/or international development assistance at a large organization (governmental or non-governmental), Selection Factors:

Applicants must possess the minimum qualifications listed above for the education and experience requirements for the position. Applicants must also meet the selection factors listed below; those who do not meet all of the selection factors below are considered NOT qualified for the position. Selection factors include:

Applicant is a U.S. Citizen;

Submission of a current resume, with complete contact information. See cover page for resume requirements;

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

USPSC Application form AID 302-3. Applicants are required to complete sections A through I.

This form must be physically signed. Electronic signatures will not be accepted;

FAC-COR eligible (current certification status preferred but not required);

Ability to obtain and maintain a Secret Clearance within nine months following the job offer acceptance;

Satisfactory verification of academic credentials; and

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

Applicants not meeting minimum qualifications will not be evaluated further.

10.8 QUALITY RANKING FACTORS (QRFs)

Applicants who meet the Education/Experience requirements and Selection Factors as stated above will be further evaluated based on the Quality Ranking Factors (QRFs) listed below. Applicants are strongly encouraged to address QRFs 1 through 5, in 500 words or less, on a separate sheet describing specifically

8 | Page and accurately the experience, training, and/or education they have that is relevant to each factor. Be sure to include your name and the announcement number at the top of each additional page.

QRF 1 (15 points) Please describe your mastery of a wide range of qualitative and/ or quantitative methods for the assessment and improvement of program effectiveness or the improvement of complex management process and systems. Demonstrated experience with the performance of technical evaluations, cost and price analysis, and monitoring and evaluation of work performed under acquisition instruments.

QRF 2 (15 points) Please describe your comprehensive knowledge of the range of laws, policies, regulations, and precedents applicable to the administration of one or more important public programs.

QRF 3 (15 points) Please describe your skill to plan, organize, and direct team study work and to negotiate effectively with management to accept and implement recommendations where proposals involve substantial USG resources, require extensive changes in established procedures, or may be in conflict with the desires of the activity studied.

QRF 4 (15 points) Please describe your comprehensive knowledge of human resources related skills related to the administration of one or more public manpower programs, which may include, but are not limited to, benefits, and performance, etc.

QRF 5 (10 points) Please describe your knowledge of relevant USG program goals and objectives, the sequence and timing of key program events and milestones, and methods of evaluating the worth of program accomplishments.

QRF 6 (5 points) Please state whether you are currently AOR/COR certified through the

Federal Acquisition Institute Training Application System (FAITAS).

Applicants with a current FAITAS AOR/COR certification will receive 5 points.

Interview Performance: 25 points

M/OAA or GH/PDMS will not pay for any expenses associated with the interviews.

Satisfactory Professional Reference Checks: Pass/Fail

Total Possible Points: 100

10.9 BASIS OF RATING

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Applicants who meet the Education/Experience requirements and Selection Factors will be further evaluated based on scoring of the QRF responses. Those applicants determined to be competitively ranked may also be evaluated on interview performance and satisfactory professional reference checks.

Failure to address the selection factors and/or Quality Ranking Factors may result in not receiving credit for all pertinent experience, education, and/or training.

The most qualified candidates will be interviewed and may be required to provide a writing sample.

Professional references and academic credentials will be evaluated for applicants being considered for selection. GH/PDMS and M/OAA reserves the right to select additional candidates to fill possible future vacant positions.

NOTE: Please be advised that references may be obtained independently from other sources in addition to the ones provided by an applicant.

BASIS OF RATING: Applicants who meet the Education/Experience requirements and

Selection Factors will be further evaluated based on scoring of the QRF responses. Those applicants determined to be competitively ranked may also be evaluated on interview performance and satisfactory professional reference checks. Failure to address the selection factors and/or Quality Ranking Factors may result in not receiving credit for all pertinent experience, education, and/or training.

The most qualified candidates will be interviewed and may be required to provide a writing sample. FFP will not pay for any expenses associated with the interviews. Professional references and academic credentials will be evaluated for applicants being considered for selection. FFP reserves the right to select additional candidates to fill possible future vacant positions.

NOTE: Please be advised that references may be obtained independently from other sources in addition to the ones provided by an applicant.

DOCUMENT SUBMITTALS:

Where and How to Apply

Applications must be received by the closing date and time at the address specified in the cover letter via email: lestewart@usaid.gov

Qualified individuals are required to submit:

1. Complete, current resume. See cover page for resume requirements.

2. Supplemental document specifically addressing the QRFs shown in the solicitation.

3. USPSC Application form AID 302-3. Applicants are required to complete sections A through

I. This form must be physically signed. Electronic signatures will not be accepted.

Additional documents submitted will not be accepted.

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By submitting your application materials, you certify that all of the information on and attached to the application is true, correct, 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.

To ensure consideration of applications for the intended position, please reference the solicitation number and the position you are applying for on your application, and as the subject line in any email.

NOTE: If the full security application package is not submitted within 30 days after the Office of Security determines eligibility, the offer may be rescinded. If a Secret security clearance is not obtained within nine months after offer acceptance, the offer may be rescinded.

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.

NOTE REGARDING DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBERS

AND THE SYSTEM FOR AWARD MANAGEMENT

All USPSCs with a place of performance in the United States are required to have a Data

Universal Numbering System (DUNS) number and be registered in the System for Award

Management (SAM) database prior to receiving an offer. You will be disqualified if you either fail to comply with this requirement or if your name appears on the excluded parties list. The selectee will be provided with guidance regarding this registration.

For general information about DUNS Numbers, please refer to Federal Acquisition Regulation

(FAR) Clause 52.204-6, Data Universal Numbering System Number at https://www.acquisition.gov/far/current/html/52_200_206.html and FAR 52.204-7 , System for

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

Interested applicants are highly encouraged to initiate the registration process early in the application stage to avoid any delays during contract award.

LIST OF REQUIRED FORMS FOR PSCs

Forms outlined below can found at:

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

1. Complete, current resume.

2. Supplemental Document addressing QRFs.

3. USPSC Application Form, (AID 302-3).

https://www.acquisition.gov/far/current/html/52_200_206.html%20and%20FAR%2052.204-7 https://www.acquisition.gov/far/current/html/52_200_206.html http://www.sam.gov/ http://www.usaid.gov/forms http://www.forms.gov/bgfPortal/main.do

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

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

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

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

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

**Forms 4-8 shall be completed ONLY upon the advice of the Contracting Officer that an applicant is the successful candidate for the job.

CONTRACT INFORMATION BULLETINS (CIBs) and ACQUISITION &

ASSISTANCE POLICY DIRECTIVES (AAPDs) PERTAINING TO PSCs

CIBs and AAPDs contain changes to USAID policy and General Provisions in USAID regulations and contracts. Please refer to http://transition.usaid.gov/business/business_opportunities/cib/subject.html#psc to determine which CIBs and AAPDs apply to this contract.

ADS 309 – Personal Services Contracts can be found at:

https://www.usaid.gov/sites/default/files/documents/1868/309.pdf

AAPD 06-10 – PSC MEDICAL PAYMENT RESPONSIBILITY

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 1 to the solicitation.

FAR 52.222-50 – COMBATING TRAFFICKING IN PERSONS

BENEFITS/ALLOWANCES/TAXES:

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

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 & Sick Leave

ALLOWANCES (if Applicable) * http://transition.usaid.gov/business/business_opportunities/cib/subject.html#psc https://www.usaid.gov/sites/default/files/documents/1868/309.pdf

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The following allowances may be provided for PSCs located in foreign countries using rates prescribed under the Department of State Standardized Regulations (Government Civilian

Foreign areas) available at https://aoprals.state.gov/:

a) Temporary Lodging Allowance (Section 120).

b) Living Quarters Allowance (Section 130).

c) Post Allowance (Section 220).

d) Supplemental Post Allowance (Section 230).

e) Separate Maintenance Allowance (Section 260).

f) Education Allowance (Section 270).

g) Education Travel (Section 280).

h) Post Differential (Chapter 500).

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

j) Danger Pay (Section 650).

* Standardized Regulations (Government Civilians Foreign Areas).

FEDERAL TAXES: USPSCs are required to pay Federal Income Taxes, FICA, and Medicare.

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.

https://aoprals.state.gov/

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ATTACHMENT 1

Authorization of Family and Medical Leave for U.S. Personal Services Contractors

(USPSCs) (AAPD 15-02)

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

14 | Page 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.

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(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.

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(4) 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.

(5) 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.

(6) 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.

(d) 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.

(e) 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.

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(f) 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.

(g) 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.

(h) 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.

(i) 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 http://www.ecfr.gov/cgi-bin/text-idx?SID=db0243f608afdb03943b0635a819c860&mc=true&tpl=/ecfrbrowse/Title29/29cfr825_main_02.tpl http://www.ecfr.gov/cgi-bin/text-idx?SID=917cbad6bea5f97d6b70c0c152bf711d&mc=true&tpl=/ecfrbrowse/Title29/29cfr825_main_02.tpl

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(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.

(j) 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.

[END PROVISION]

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