7200AA18R00071_Solicitation.pdf

USAID Office of Acquisition & Assistance M/OAA/SIDP, Special Initiatives and Development Partners 1300 Pennsylvania Ave., NW, SA-44 Washington, DC 20523

SOLICITATION NUMBER: 7200AA18R00071

ISSUANCE DATE: July 16, 2018

QUESTIONS DUE DATE: July 23, 2018 3:00 p.m. EST.

CLOSING DATE: August 8, 2018 3:00 p.m. EST.

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

Knowledge Management and Organizational Learning Specialist (GS-13

Equivalent)

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, Sections I through V 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 attached information.

Sincerely, /S/

Ashlee Tuck

Contracting Officer

ATTACHMENT I - 7200AA18R00071

I. GENERAL INFORMATION

1. SOLICITATION NO.: 7200AA18R00071

2. ISSUANCE DATE: July 16, 2018

3. CLOSING DATE/TIME FOR RECEIPT OF OFFERS: August 8, 2018 at 2:00 p.m.

EST.

4. POSITION TITLE: Knowledge Management and Organizational Learning Specialist

5. MARKET VALUE: $96,970 - $126,062 equivalent to GS-13 - includes locality pay for

Washington, DC. Final compensation will be negotiated within the listed market value.

Salaries over and above the top of the pay range will not be considered. Candidates who live outside the Washington, D.C. area will be considered for employment but no relocation expenses will be reimbursed.

6. PERIOD OF PERFORMANCE: One (1) year from the start date of the contract with four (4) one year option years.

7. PLACE OF PERFORMANCE: Washington, DC with possible travel as stated in the

Statement of Work.

8. SECURITY LEVEL REQUIRED: Secret

9. STATEMENT OF DUTIES

Background

Bureau for Policy, Planning and Learning

Learning has always been a part of USAID’s work. USAID staff and implementing partners

(IPs) have always sought ways to better understand the development process and USAID’s contribution to it, to share the successes and lessons of USAID’s initiatives, and to institute improvements to our operating modes and mindsets. Learning is always taking place, but it is not generally systematically planned or adequately resourced, nor is it always facilitated or applied in ways that are strategic and maximize results.

In June 2010, USAID established the Bureau for Policy, Planning and Learning (PPL) to lead the Agency's policy planning efforts, shape overall strategic and program planning, ensure the

Agency's evolution as a learning and evaluation organization, oversee donor engagement and institutionalize science and technology in our work while guiding USAID as the premier development agency. Within PPL, the Office of Learning, Evaluation and Research (LER), among other work, helps to guide, support and institutionalize learning throughout the Agency to catalyze USAID's transformation into an effective learning organization and to leverage strategic learning to extend the impact of USAID’s programs.

Our vision is for an Agency that continuously learns from its own work and the knowledge and lessons of others, and brings that learning to bear on our policies, strategies and programs through a strong program cycle that includes a central emphasis on strategic collaboration, continuous learning, and adaptive management. We seek to establish the operational processes, analytic capabilities and an organizational culture that will help ensure that our programs are grounded in (and contribute to) a firm evidence base, leverage opportunities for collaboration and synergy, and adapt in a timely fashion in order to sustain optimal program fit to context as contexts (in country and within USAID) shift.

PPL is a central point of coordination for learning policy and capacity building efforts at

USAID, and provides a locus for facilitating the development of strategy, policy guidance, tools, and technical assistance related to Agency-wide strategic learning and KM needs, as well as building capacity among implementing partners to adopt a knowledge-driven, collaborative, adaptive approach to their programs. This approach is known in USAID as Collaborating, Learning and Adapting (CLA). CLA helps USAID learn how to better support countries on their journey to self-reliance, a USAID Administrator priority. “Self-reliance” is a country’s ability to plan, finance, and implement solutions to solve its own development challenges. CLA is an essential aspect of how USAID will become a more effective learning organization and bring to fruition the vision of self-reliance.

Our aim is to transform USAID and our implementing partners into an extended learning community that maximizes development results by coordinating our efforts, collaborating effectively, learning continuously, adapting iteratively and employing knowledge-driven implementation approaches to catalyze learning among local actors. Our work is informed by and builds upon several organizing frameworks developed within the Agency and examples of previous or existing KM or learning work.

General Statement of Purpose of the Contract

The purpose of this contract is to hire a Knowledge Management and Organizational Learning

Specialist within PPL/LER. The Specialist will champion organization-wide integration of practices that support collaboration, learning and knowledge sharing, and adaptive management so that the knowledge and experience of USAID and other donors and organizations is better shared and used inside and (as appropriate) outside the organization by partners, and stakeholders. A proponent of adaptive learning both in Washington and in worldwide field offices, the Specialist will help bridge information/knowledge silos across

Bureaus, Missions and throughout USAID.

The Specialist will work as a member of the CLA Team. The team manages learning and knowledge management activities and provides knowledge management and organizational learning policy guidance, technical assistance and capacity building within USAID and its partner communities. This includes contributing to the development of policies and implementing practices and processes for knowledge management, organizational learning, and related activities. Related activities could include working as a team member to manage capacity building, learning and analysis efforts that advance USAID's transformation into a learning organization, improve USAID's development practice, and strengthen the knowledge management and organizational learning capacity of USAID staff and partners.

Statement of Duties and Responsibilities

The Specialist will undertake strategic learning, knowledge management, and organizational learning activities as needed to address USAID priorities. The Specialist will work closely with the CLA Team leader and other team members to support missions in developing collaborating, learning and adapting, change management and behavior change methodologies and processes throughout the Program Cycle. In line with team and office priorities, s/he may support USAID Washington bureaus to strengthen technical practices and processes for generating new knowledge, synthesizing existing knowledge, and making knowledge available to missions in ways that they can best integrate the cutting-edge learning into policies, planning and implementation decisions as well as to facilitate information sharing.

S/he will contribute to analytic agendas to support Agency priorities, which could include commissioning new analysis or synthesizing Agency- or externally-generated knowledge and good practice; and support missions, bureaus and communities of practice to articulate their learning and knowledge management needs and develop effective strategies for meeting them.

The Specialist may offer technical advice and inputs to CLA team leadership in shaping priorities and operations and to USAID staff across the Agency in shaping approaches to learning through knowledge management and organizational learning.

The employee will serve as a key team member in refining and implementing USAID's CLA policy guidance and capacity building strategies and identifying ways to reduce organizational learning barriers that impede progress in international development. S/he will also oversee the identification and implementation of opportunities to link USAID's knowledge contributions in various sectors with that of other U.S. agencies and international partners.

Duties will include:

• Program and Policy Advice & Guidance: Supports the implementation and operationalizing of the Agency's learning agenda and knowledge management strategy;

identifies ways to reduce knowledge-sharing barriers that impede development and develops processes and guidance to support knowledge management, e.g., through application of distance learning tools, communities of practice, peer assists and other learning techniques. Supports the institutionalization of organizational learning throughout the USAID program cycle with a focus on support to USAID field staff informed by change management and behavior change processes and methods.

• Strengthening Knowledge Management and Learning at USAID: Promotes knowledge management and learning as a method for supporting USAID missions, offices and bureaus, and as a method for Agency training and professional development. Able to promote knowledge sharing throughout USAID's process and systems by developing learning and knowledge-sharing processes, strengthening links among operational units, and improving knowledge sharing and information systems.

• Contributes content to webinars, tools, training modules and other capacity building efforts on CLA, knowledge management and learning.

• Supports integration of organizational learning and knowledge management with a focus on the important roles and responsibilities of technical bureaus, regional bureaus, and

USAID missions.

• Serves as a key liaison between the PPL/LER office and USAID missions, bureaus and other US agencies on CLA policy and capacity. Initiates and maintains effective relationships with institutional contractors, implementing partners, other agencies, and staff in other USAID offices and seeks out innovative ways of doing business to improve efficiency and effectiveness. In line with office and team priorities, ensures coordination with other US agencies, international donors and partners by identifying and responding to opportunities to link USAID's knowledge contributions within international development to opportunities, events, dissemination mechanisms and activities of other agencies, bilateral and multilateral donors, private sector and non-governmental organizations working in this field. Keeps abreast of knowledge management and learning, change management and behavior change best practices within the development community and participates on relevant donor and interagency committees as assigned.

• Effective Teamwork in Support of PPL/LER's Mission: The work of the Knowledge

Management and Organizational Learning Specialist will require collaboration within the

CLA team, with other teams in PPL/LER and with other offices and teams in PPL, and other bureaus in Washington. It will require the exercise of discretion, superior judgment, excellent collaboration skills, and personal responsibility. Being a member of the PPL/LER office and the CLA team requires a willingness and ability to take direction from leadership and perform a wide range of administrative and programmatic functions to help ensure programmatic success. The Knowledge Management and Organizational Learning

Specialist will be highly flexible to changing working conditions while maintaining professional and respectful conduct towards colleagues in a diverse workforce. S/he places a premium on building positive relationships with his/her respective team, with the rest of the PPL Bureau and with key stakeholders both in and outside of USAID. The Specialist is a team player, able to prioritize and follow up on their own actions without prompting, while also assisting busy supervisors and fellow colleagues to track and respond to incoming requests and routine tasks, filling in gaps as needed to ensure the responsiveness of the team.

Overseas travel may be required for approximately one to three weeks every three months;

however, total travel time period will not exceed more than 3 months a year.

10. PHYSICAL DEMANDS:

The work requested does not involve undue physical demands.

11. START DATE: Immediate, once necessary clearances are obtained.

12. POINT OF CONTACT: See Cover Letter (wfranklin@usaid.gov)

II. MINIMUM QUALIFICATIONS REQUIRED FOR THIS POSITION

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

Master's degree in a relevant field such as Knowledge Management, Organizational

Design, Organizational Learning, Organizational Anthropology, Business

Administration, Public Administration, Public Policy, social science or other relevant field;

At least two (2) years progressively responsible professional experience in knowledge management, adaptive management, and/or organizational learning as described in the

Duties and Responsibilities section below.

Applicant is a U.S. Citizen;

Complete and hand-signed federal form OF-612 submitted (see detailed instructions under "Applying");

Supplemental document specifically addressing how the candidate meets each of the

Education/Experience requirements, AND each of the Evaluation Factors submitted;

Ability to obtain a SECRET level security clearance (NOTE: Dual citizens may be asked to renounce second-country citizenship);

Satisfactory verification of academic credentials.

III. EVALUATION AND SELECTION FACTORS

EVALUATION FACTORS

(The Evaluation Factors below will be used to determine the competitive ranking of qualified applicants in comparison to other applicants. The factors are listed in descending order of importance from highest to least.)

Technical Expertise

Factor # 1: Demonstrated experience in developing, applying, and supporting successful knowledge management, program learning, and/or organizational learning practices, processes and policies within a complex organizational setting.

Factor #2: Demonstrated understanding of the collaborating, learning and adapting (CLA) framework and how it relates to other USAID Program Cycle components including strategy development, project design, implementation, evaluation and monitoring.

Factor #3: Demonstrated experience implementing international development programs and/or working in developing country or other relevant international contexts.

Factor #4: Demonstrated experience operating as a successful, collaborative team member, without close supervision, in complex situations with minimal office support;

mailto:OAALAB-EIA@usaid.gov conducting trainings; facilitating meetings; building consensus; and/or collaborating for a certain purpose.

Factor #5: Demonstrated ability to work well under pressure, successfully balancing competing priorities and demands and remaining professional and collaborative.

Note: Those applicants determined to be competitively ranked will be evaluated on interview performance, which will include a writing exercise, and satisfactory professional reference checks by the technical evaluation panel using adjectival ratings. See Attachment III of this solicitation for details of rating and their definitions.

Interview Performance (in addition to the factors listed above)

Factor #6: Demonstrated oral and written communications skills.

References Check

Factor #7: Three (3) references, who are not family members or relatives, with working telephone and email contacts. The applicant's references must be able to provide substantive information about his/her past performance and abilities. At least one reference provided should be a current or former supervisor. USAID also reserves the right to contact references not identified by the applicant.

BASIS OF RATING:

Applicants who clearly meet the Education/Experience Requirements and Selection Factors will be further evaluated based on scoring of the Evaluation Factor responses. Those applicants determined to be competitively ranked will be evaluated on interview performance (including writing exercises) and satisfactory professional reference checks by the technical evaluation panel using adjectival ratings. See Attachment III of this solicitation for details of rating and their definitions. In the event that a candidate has fully demonstrated his/her qualifications and there are no other competitive applicants, PPL/LER reserves the right to forego the interview process.

Applicants are required to address each of the Evaluation Factors on a separate sheet describing specifically and accurately what experience, training, education and/or awards you have received that are relevant to each factor. Be sure to include your name and the announcement number at the top of each additional page. Failure to specifically address the Selection and/or

Evaluation Factors may result in your not receiving credit for all of your pertinent experience, education, training and/or awards.

The Applicant Rating System is as Follows:

In evaluating applications, the technical evaluation panel will base evaluations on the five technical expertise Evaluation Factors in descending degree of importance.

Be sure to fully respond to each of the five technical expertise Evaluation Factors and include all relevant experience, training, and/or education in your responses.

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

PPL/LER will not pay for any expenses associated with the interviews, though phone interviews may be considered for candidates residing outside of the Washington, DC area.

Professional references and academic credentials will be evaluated for applicants being considered for selection.

After the final selection, the successful candidate must obtain and maintain a USAID-provided security level clearance of SECRET.

IV. APPLYING

Applications must be received by the closing date and time at the address specified in the

Cover letter.

Qualified individuals are required to submit:

1. Eligible offerors are required to complete and submit the offer form AID 309-2, “Offeror Information for Personal Services Contracts with Individuals,” available at http://www.usaid.gov/forms.

2. Offers must be received by the closing date and time specified in Section I, item 3, and submitted to the Point of Contact in Section I, item 13.

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

4. A supplemental document specifically addressing:

Each of the Education/Experience requirements shown in the solicitation.

Each of the five (5) Evaluation Factors shown in the solicitation.

NOTE: Applicants are required to address each of the Evaluation Factors on a separate sheet describing specifically and accurately what experience, training, education and/or awards they have received that are relevant to each factor.

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

http://www.usaid.gov/forms

5. Three (3) references, who are not family members or relatives, with working telephone and email contacts. The applicant's references must be able to provide substantive information about his/her past performance and abilities. At least one reference provided should be a current or former supervisor. USAID also reserves the right to contact references not identified by the applicant.

DOCUMENTS SUBMITTALS

Via email: wfranklin@usaid.gov

NOTE: If a temporary or full security clearance is not obtained within four months after offer acceptance, the offer may be rescinded.

NOTE REGARDING GOVERNMENT OBLIGATION FOR THIS SOLICITATION

This solicitation in no way obligates USAID to award a PSC contract, nor does it commit

USAID to pay any costs 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.

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

V. LIST OF REQUIRED FORMS FOR PSC HIRES

Forms outlined below can be found at:

http://www.usaid.gov/forms/ or http://forms.gov/bgfportal/main.do

1. Optional Form 612.

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

3. Questionnaire for Sensitive Positions (for National Security)

(SF-86), or **

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

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

6. Employment Eligibility Verification (I-9 Form). ** mailto:OAALAB-EIA@usaid.gov https://www.acquisition.gov/far/current/html/52_200_206.html https://www.acquisition.gov/far/current/html/52_200_206.html http://www.sam.gov/ http://www.usaid.gov/forms/ http://forms.gov/bgfportal/main.do

** Forms 2 through 6 shall be completed ONLY upon the advice of the Contracting Officer that an applicant is the successful candidate for the job.

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)

(e) Eligibility for Worker's Compensation

(f) Annual and Sick Leave

Allowances (if applicable)

(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)

**Standardized Regulations (Government Civilians Foreign Areas) and AIDAR.

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.

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.

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.

[END OF ATTACHMENT I]

https://www.usaid.gov/forms

ATTACHMENT II – APPLICABLE PROVISIONS

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.

(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.

(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 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.

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(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]

FAMILY AND MEDICAL LEAVE (FML) POLICY FOR USPSCs

1 Entitlement to FML

The Family and Medical Leave Act (FMLA) was enacted in 1993, and later amended, to allow employees to balance work and family life by protecting their employment and benefits status when taking reasonable leave for medical reasons, including child birth, adoption or care, or care for a spouse, parent or oneself in the event of a serious health condition.

Title I of the Family Medical and Leave Act applies to USPSCs working within the U.S. As a matter of policy and to maintain consistency, USAID is also extending family and medical leave to USPSCs working outside the U.S. The Department of Labor, not OPM, is responsible for implementing regulations for FMLA Title I. The Department of Labor has issued regulations that implement FMLA Title I at 29 CFR Part 825.

Under FMLA Title I, an “eligible employee” is defined as an employee who has been employed:

For at least 12 months by the employer with respect to whom leave is requested; and

For at least 1,250 hours of service with such employer during the previous 12-month period.

As such, a USPSC who has been working for USAID for at least a total of 12 months and who has performed work in on-duty status amounting to at least 1,250 hours during the previous 12-months immediately preceding the leave will be eligible for this coverage.

29 CFR 825.110(b) states that the 12 months an employee must have been employed by the employer need not be consecutive months; it allows for separations or other breaks in service of up to seven years. Under limited circumstances – military service or union agreement allowing re-employment – a break in service of more than seven years is allowed to be counted.

In accordance with 29 CFR 825.200(a), an eligible USPSC may take leave under FMLA

Title I for the following reasons:

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(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.

Consistent with 29 CFR 825.200, the 12-month period in which the 12 weeks of leave entitlement occurs is based on the 12-month period measured forward from the first date when the USPSC’s FMLA leave begins. Except in the case of care for a covered service member with a serious injury or illness, the USPSC’s FMLA leave entitlement is limited to a total of 12 workweeks of leave during any 12-month period for any one, or more, of the above-listed reasons.

As stated in 29 CFR 825.200(h), for purposes of determining the amount of leave used by a

USPSC, the fact that a holiday may occur within a week taken as FMLA leave has no effect; the week is counted as a week of FMLA leave. However, if the USPSC is using

FML in increments of less than one week, the holiday will not count against the USPSC’s

FMLA entitlement unless the employee was otherwise scheduled and expected to work during the holiday.

For details of the FMLA’s provisions and information concerning the procedures for filing complaints of violations of the Act with the Department of Labor’s Wage and Hour

Division, see WHD Publication 1420.

2 Duration of Family and Medical Leave

The USPSC’s supervisor must authorize only the amount of FML that is necessary to manage the circumstances that prompted the need for the leave. FMLA is not authorized for any period beyond the completion date of the USPSC award

3 FML LWOP and substitution of Paid Leave

In accordance with 29 CFR 825.207, generally FMLA leave is unpaid leave. However, the

USPSC may choose to substitute LWOP with accrued paid leave, including accrued annual or sick leave, or compensatory time earned under the 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 FML 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 this USAID policy.

4 Notice of Intent to Invoke Entitlement to FML

(a) The USPSC’s supervisor must confirm that the USPSC meets FML eligibility http://www.ecfr.gov/cgi-bin/text-idx?SID=917cbad6bea5f97d6b70c0c152bf711d&mc=true&tpl=/ecfrbrowse/Title29/29cfr825_main_02.tpl http://www.dol.gov/whd/regs/compliance/posters/fmlaen.pdf http://www.ecfr.gov/cgi-bin/text-idx?SID=917cbad6bea5f97d6b70c0c152bf711d&mc=true&tpl=/ecfrbrowse/Title29/29cfr825_main_02.tpl requirements as follows:

(1) As of the date on which any FML is to commence, the USPSC must have been under a personal services contract for work with USAID for a total of at least 12 months within the previous seven years, UNLESS: a break in service and period of absence from work is due to, or necessitated by, the USPSC's fulfillment of a service obligation covered under the

Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C.

4301, et seq. Such USERRA-covered service must be counted in determining whether the

USPSC has been under contract for work with USAID for at least 12 months. Note however that USAID’s FML does not provide any greater entitlement than may be available to the

USPSC under the USERRA.

(2) As of the date on which any FML is to commence, the USPSC must have met the hours of service requirement by having been employed under a USAID personal service contract for at least 1,250 hours during the immediately previous 12-month period, EXCEPT THAT:

(i) A USPSC returning from fulfilling his or her USERRA-covered service obligation shall be credited with the hours of service that would have been performed, but for the period of absence from work due to or necessitated by USERRA-covered service in determining whether the USPSC met the hours of service requirement; and

(ii) To determine the hours that would have been worked during the period of absence from work due to or necessitated by USERRA-covered service, the USPSC’s pre-service work schedule can generally be used for calculations. See also 29 CFR 825.110(c)(2)-(3) additional for details.

(b) When the USPSC invokes the intent to take FML, the USPSC’s supervisor must adhere to the notification and certification requirements detailed in this section 4 as well as sections 5 and 6. A USPSC who meets the eligibility requirements and has complied with the requirements and obligations of this guidance will not be denied FML.

(c) When the USPSC intends to take FML, the USPSC must complete a Family and

Medical Leave Application Request, Form AID 481-1. The USPSC’s supervisor must review the information and confirm that the request meets USAID’s FML requirements.

(d). The approved application form, medical certificate, and other related documents must be retained in the USPSC’s contract file.

(e) Foreseeable and Unforeseeable FML

(1) If the need for family and medical leave is foreseeable based on an expected birth, placement for adoption or foster care, or planned medical treatment, the USPSC must provide not less than 30 days’ notice of the USPSC’s intent to take FML, before the date the leave is to begin.

If the date of birth or placement or planned medical treatment requires leave to begin within

30 days, the USPSC must provide such notice as soon as is practicable.

(2) If the need for leave is foreseeable and the USPSC fails to give 30 days’ notice with no http://www.ecfr.gov/cgi-bin/text-idx?SID=917cbad6bea5f97d6b70c0c152bf711d&mc=true&tpl=/ecfrbrowse/Title29/29cfr825_main_02.tpl http://auslnxapvweb01.usaid.gov/forms/a481-1.doc reasonable excuse for the delay of notification, the Agency has the right to delay the taking of family and medical leave until at least 30 days after the date the USPSC provides official notice of intent to take FML.

(3) If the need for family and medical leave is unforeseeable for such reasons as a medical emergency or the unexpected availability of a child for adoption or foster care, and the

USPSC cannot provide 30 days advance notice, the USPSC or personal representative (e.g., a family member) must provide notice within a reasonable period of time appropriate to the circumstances involved. (Note: if an USPSC and the USPSC’s personal representative are physically or mentally incapable of invoking the USPSC's entitlement to FMLA leave during the entire period in which the USPSC is absent from work for an FMLA-qualifying purpose, the USPSC may retroactively invoke the entitlement to FMLA leave within a reasonable period after returning to work. In such cases, the incapacity of the USPSC must be documented by a written medical certification from a health care provider. In addition, the

USPSC must provide a brief memo to the USPSC’s supervisor explaining that the USPSC’s personal representative was unable or was unaware of the requirement to contact the agency and invoke the USPSC's entitlement to FMLA leave during the entire period in which the

USPSC was absent from work for an FMLA-qualifying purpose.)

4 Intermittent Leave or Reduced Leave Schedule

An USPSC may take FML on an intermittent basis or on a reduced leave schedule under certain circumstances in accordance with 29 CFR 825.202 and 203. All intermittent or reduced schedule leave is subject to the limits on the duration of FML under section 2 of this policy.

5 Certification for Birth, Adoption, or Foster Care

The USPSC’s supervisor must obtain the USPSC’s certificate or other administratively acceptable evidence in support of the Family and Medical Leave Application Request, Form AID 481-1 for the birth of a child or placement of a child for adoption or foster care.

6 Medical Certification

When a USPSC requests FML for the USPSC's own serious health condition, or for care of an eligible family member with a serious health condition, the USPSC’s supervisor must obtain a written medical…