Solicitation_7200AA19R00030_USPSC_Technical_Advisor.pdf
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Solicitation for USPSC Technical Advisor - Global Surge
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ATTACHMENT 1
I. GENERAL INFORMATION
1. SOLICITATION NO.: 7200AA19R00030
2. ISSUANCE DATE: March 27, 2019
3. CLOSING DATE/TIME FOR RECEIPT OF OFFERS: April 25, 2019, 2 PM EST
4. POSITION TITLE: Technical Advisor- Global Surge in the Bureau for Democracy, Conflict, and Humanitarian Assistance; Center of Excellence on Democracy, Human Rights, and Governance; Global and Regional Policy Division (DCHA/DRG/GRP), USAID/Washington
5. MARKET VALUE: $114,590 - $148,967 per year, equivalent to GS-14. Final compensation will be negotiated within the listed market value based upon the selected candidate’s salary history, qualifications, previous relevant experience and work history, and educational background as reported on the form, AID-309-2. Salaries over and above the pay range will not be entertained or negotiated.
This position is based in Washington, D.C. 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 year, with up to four one-year option periods.
7. PLACE OF PERFORMANCE: Washington, DC with considerable (up to 30 percent) travel to consult with Missions and cooperating programs as stated in the Statement of Work.
8. SECURITY LEVEL REQUIRED: Secret
9. STATEMENT OF DUTIES:
Background:
The Center of Excellence on Democracy, Human Rights, and Governance (DRG Center) forms part of the Bureau for Democracy, Conflict, and Humanitarian Assistance Bureau (DCHA). USAID established the DRG Center in 2012 to elevate DRG, reinvigorate USAID’s thought leadership in the sector, and integrate DRG into USAID’s broader development agenda.
The DRG Center manages about $150 million per year for global programs and rapid-response needs based assistance to priority countries. The Center currently has a total of 81 filled positions and 43 vacant positions, including civil and foreign service, personal service contractors, and fellows working in nine divisions: Governance and Rule of Law;
Elections and Political Transitions; Civil Society and Media; Strategic Planning; Global and Regional Policy; Human Rights; Learning; Cross Sectoral Programs; and Empowerment and Inclusion.
A. General Statement of Purpose of the Contract:
This position is in the Global and Regional Policy (GRP) Division which leads efforts on country-specific DRG assessments and strategies; conducts analysis and advocacy linking DRG funding with needs, opportunities and relevant policies and strategies; is the Center’s link with regional bureaus and field missions through regular communications, field support TDYs, and training, and engages within USAID and the interagency on policies and programs related to the promotion of DRG. This USPSC will also be available to deploy and provide fast, flexible assistance to USAID Missions overseas.
The DRG Center requires the work of this U.S. Personal Services Contractor (USPSC) in order to bolster its ability to respond to the needs of USAID missions for short- to long-term DRG expertise and assistance, including training, knowledge management and learning support.
B. Duties and Responsibilities:
The USPSC’s responsibilities will be world-wide, varied and dynamic to reflect changing circumstances facing USAID and the DRG Center. The USPSC is considered an expert in the democracy, human rights and governance field and is expected to carry out work assignments using independent professional judgment to ensure the provision of effective field support and technical leadership. The USPSC receives minimal day-to-day technical or policy guidance. The USPSC will be responsible for work on countries or regions in transition where additional DRG attention is needed through a combination of TDYs and Washington-based support.
The USPSC should expect to spend up to 30% of his/her time in temporary duty assignments (TDY) overseas in support of local USAID Missions.
A principal duty of the USPSC will be to assist field staff to understand and adapt programing consistent with the Journey to Self-Reliance policy. Self-Reliance refers to a country’s ability to plan, finance and implement solutions to its own development challenges. In order to move towards self-reliance, it is critical that countries, have the capacity to generate and manage greater sums of public revenue and increasingly harness domestic and international private investment that can fund development needs across all sectors; and make a credible commitment to ensuring that these resources are spent in an accountable, transparent, and effective manner that support economic and social development in line with inclusively established country priorities. Our ability to achieve this vision depends on our ability to provide staff with the tools, skills, resources, and incentives to effectively strengthen partner country financial self-reliance. The USPSC will take a holistic approach to assessing the range of interrelated and interconnected elements that contribute to a country’s ability to transparently and inclusively resource its own development, and help the DRG Center and field missions adapt their strategies, project and activity designs, program practices, and monitoring, evaluation, and learning (MEL) approaches accordingly. This will require greater coordination and collaboration between USAID functional areas, across sector-specific programming, partner country stakeholders, and among USAID’s many development partners.
Specific Duties:
(a) Special Studies and Analyses related to the design, evaluation, documentation or learning of foreign assistance strategies and activities related to USAID’s democracy, rights and governance portfolios in field missions, ensuring the incorporation of the latest innovative and evidence-based approaches. - 50%
(b) Production of training materials and delivery of training and orientation in Washington and overseas related USAID’s democracy, rights and governance portfolios in field missions, ensuring the incorporation of the latest innovative and evidence-based approaches - 30%
(c) Conduct written and oral briefings, participate in meetings within the agency or interagency forums, gather and synthesize Center perspectives and equities, make recommendations to Center and Bureau leadership particular issues, and provide guidance on research projects in the DRG sector. - 20%
The USPSC will not carry out activities or fulfill roles which are defined as Inherently Governmental functions, including but not limited to management of Government programs requiring value judgments, the conduct of foreign relations, selection of program priorities, direction of Federal employees, exercise of discretion in applying Government authority or the use of value judgment in making decisions for the Government. The USPSC will provide services or products in support of inherently Governmental functions, such as those listed above.
C. Supervisory Relationship:
The Technical Advisor- Global Surge will report to the Global and Regional Policy Division Chief or Acting Division Chief. In addition, when on TDY, he/she will work closely with Democracy Office Directors in the field and other USAID Mission officials. The GRP Division Chief will provide close, continual supervision of the
USPSC.
D. Supervisory Controls:
The DRG GRP Division Chief, Foreign Service Senior Technical Advisor-Global Surge or her/his designee will supervise the USPSC and set overall objectives. The Supervisor and USPSC will work together develop a workplan that reflects Agency policy priorities, DRG Center and DRG Mission-based program priorities including learning activities, training and programming. The USPSC will also work closely with DRG Center, DCHA Bureau leadership and USAID Mission officials (when on
TDY). The USPSC will independently plan, design, and carry out analysis and activity design, implementation, and evaluation exercises that are considered technically authoritative and complex and pertinent to the effective implementation of gender policies and USAID programs.
E. Decision Making:
This USPSC position will serve as a Technical Advisor-Global Surge for USAID globally and focus specifically on field support for integrating the Journey to Self- Reliance in the DRG sector. The USPSC will report to the Chief of DRG’s GRP Division or the Foreign Service Senior Technical Advisor-Global Surge in the DRG Center. The USPSC will have professional expertise democracy and governance related international development programs, and have experience working on program design and management, monitoring, evaluation, learning and knowledge management, strategy development and staff training in support of foreign assistance activities. The Technical Advisor-Global Surge will provide technical support to DRG Center staff, Bureaus and missions with strategic planning, analysis, program design, management, monitoring and evaluation of programs, and provide training on democracy and governance related programming skills. The USPSC will exercise independent judgment while performing work with wide latitude and of outstanding difficulty and responsibility. The USPSC will have formal decision making authority within the scope of his/her activities and will receive minimal day-to-day technical or policy guidance.
F. Knowledge Required:
The USPSC Technical Advisor-Global Surge will have:
● A Master’s degree in public policy, social science, development studies, political science or other relevant education with significant study of democracy, human rights, and governance issues and;
● At least seven years of progressively responsible experience in international development related to democracy, human rights and governance programs.
OR:
● A Bachelor’s degree in a relevant field such as international development, political science, public policy, development studies or gender studies and;
● At least ten years of progressively responsible experience in international development related to democracy, human rights and governance programs.
G. Guidelines:
The USPSC will work with guidelines from the DRG Center, Bureau and Agency that are broadly stated and non-specific, requiring extensive interpretation. The USPSC will demonstrate sound judgement, technical expertise, ability to learn and apply new methods quickly, and ingenuity in implementing guidelines through programs, training and learning activities.
H. Complexity:
The USPSC’s duties will be significantly varied. They will require high knowledge of multiple complicated processes related to programming, budgeting, policy development and implementation as well as technical and analytical, leadership and teambuilding methods that are applied to a broad range of circumstances that require a substantial depth of analysis. The USPSC will be required to support DRG staff and leadership, Bureaus and missions in making decisions in uncertain contexts that will require extensive research and analysis to determine the nature and scope of the problems. The USPSC will be expected to contribute to new technologies and approaches or develop new information to address continuing changes in the related programmatic, technological, and policy environments. The USPSC will develop and coordinate integrated assistance strategies with specific goals, guidelines, and benchmarks in the context of USAID policies. The USPSC will overcome complicated issues such as balancing technical issues with political issues from U.S. Government colleagues, incorporating multi-disciplinary approaches and recent research findings, and resolving conflicts among possible technical solutions. At times, the USPSC will be expected to travel to perform this work in restricted environments, such as Afghanistan and Iraq or limited/non-presence USAID countries.
I. Scope and Effect:
The USPSC will be involved in all DRG sub-sectors (elections and political transitions, civil society and media, human rights, governance and rule of law) and ensure that gender analysis has been completed and integrated into DRG Center activities. The USPSC will plan, organize, direct, design, and coordinate democracy, rights, and governance activities for the DRG Center, provide training to USAID staff, and provide technical assistance to USAID bureaus and missions. This work will require independent analysis, defining conditions and criteria, and resolving critical problems using creative approaches. The USPSC will lead interagency efforts to address critical development issues, and will maintain regular working relationships with counterparts in the Department of State and other agencies as needed. The USPSC’s work may require working as a team leader for activities related to the Journey to Self Reliance and guiding and coordinating the work of technical staff. The USPSC will be recognized as an expert in democracy and governance issues and will collaborate with technical staff from other USAID bureaus to achieve Agency objectives.
J. Level and Purpose of Contacts:
The USPSC will serve as one of the Agency’s lead technical experts in DRG matters, and will advise USAID and interagency counterparts on matters relating to democracy, rights, and governance programming worldwide. The USPSC will represent the U.S.
Government, where appropriate on such matters in meetings with implementing partners, stakeholders, foreign governments and multilateral institutions. The USPSC will represent USAID, where appropriate, to Congressional staff, the National Security Council, the Department of State, and other interagency counterparts. The USPSC will maintain professional contact with senior level professionals of independent organizations, including think-tanks, assistance implementers, professional organizations, and academic institutions. The USPSC will represent USAID to these organizations in different forums, including conferences, workshops, panels, and more.
10. AREA OF CONSIDERATION: Open to all U.S. Citizens
11. PHYSICAL DEMANDS: The work requested does not involve undue physical demands.
12. POINT OF CONTACT: Jonathan Bui U.S. Agency for International Development Office of Acquisition and Assistance Tel: 202-567-4633 Email: jbui@usaid.gov
II. MINIMUM QUALIFICATIONS REQUIRED FOR THIS POSITION
Education/Experience:
• A Master’s degree in public policy, social science, development studies, political science or other relevant education with significant study of democracy, human rights, and governance issues and;
• At least seven years of progressively responsible experience in international development related to democracy, human rights and governance programs.
OR:
• A Bachelor’s degree in a relevant field such as international development, political science, public policy, development studies or gender studies and;
• At least ten years of progressively responsible experience in international development related to democracy, human rights and governance programs.
• U.S. Citizenship
• Ability to obtain a SECRET level security clearance as provided by USAID
• Verification of academic credentials
• Supplemental document specifically addressing the Quality Ranking Factors
(QRFs).
III. EVALUATION AND SELECTION FACTORS
Quality Ranking Factors (QRFs):
1. Technical Expertise (50 points):
a) Demonstrated ability to provide high-level analysis and technically sound recommendations on complex DRG issues and/or dynamic country contexts.
b) Demonstrated technical expertise in conceptualizing strategies and designing evidence-based programs to support democracy, human rights and governance in countries involved in establishment, restoration, or consolidation of democratic governance.
2. Communication (25 points):
a) Demonstrated ability to communicate effectively orally and in writing with high-level officials with minimal editing or supervision.
b) Proven track record of quickly gathering, analyzing and synthesizing information for use by USG principals.
c) Demonstrated productive and positive working relationships and communication with colleagues and peers.
Teamwork (25 points):
a) Proven track-record of working effectively and collaboratively on diverse teams, both as a team leader and as a team member.
b) Sound judgment and collegiality when working in environments with colleagues of diverse backgrounds and of diverse opinions.
Total rating system is as follows:
1. Technical Expertise: 50 points
2. Communication: 25 points
3. Teamwork: 25 points
Total Possible Points: 100 points
The successful candidate will be selected based on a review of her/his qualifications, work experience, skills, and abilities; and an interview. Applicants who are selected for an interview will be contacted by the chairperson of the Technical Evaluation Committee.
Security clearances will be required after selection of candidate and prior to the contract award.
IV. APPLYING
Qualified individuals are required to submit:
1) A USAID form AID 309-2 (Applicants Information for Personal Services Contracts) with hand-written signature (available at the USAID website, http://www.usaid.gov/forms/);
2) A resume must be attached to the form AID 309-2. Resumes must contain sufficient information to make a valid determination of meeting experience requirements as stated in this solicitation. This information should be clearly identified in the resume.
Failure to provide information sufficient to determine qualifications for the position will result in loss of full consideration.
In order to fully evaluate applications, resumes must include:
a. Paid and non-paid experience, job title, location(s), dates held (month/year), and hours worked per week for each position. Dates (month/year) and locations for all field experience must also be detailed. Any experience that does not include dates (month/year), locations, and hours per week will not be counted towards meeting the solicitation requirements.
b. Specific duties performed that fully detail the level and complexity of the work.
c. Education and any other qualifications including job-related training courses, job-related skills, or job-related honors, awards or accomplishments. Upon request Transcripts and/or certifications must be submitted.
https://www.usaid.gov/forms/aid-309-2 http://www.usaid.gov/forms/
3) A brief appendix or cover letter that demonstrates how prior experience and/or training address directly the evaluation criteria should be attached.
4) Names and current contact information of three professional supervisory references that have knowledge of the applicant’s ability to perform the duties set forth in this solicitation.
5) To ensure consideration of applications for the intended position, Applicants must prominently reference the Solicitation number in the application submission.
By submitting your application materials, you certify that all of the information on and attached to the application is true, correct, and complete and made in good faith. You agree to allow all information on and attached to the application to be investigated. False or fraudulent information on or attached to your application may result in you being eliminated from consideration for this position, or being terminated after award, and may be punishable by fine or imprisonment. Please submit your application electronically to the Point of Contact’s Email address specified in Section I.
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
In accordance with FAR 4.1102, USPSCs must be registered in SAM prior to award, except for contracts with individuals for performance outside the U.S. and its outlying areas as indicated in FAR 4.1102(a)(4.) (see ADS 309.3.1.f). USAID will provide a generic DUNS Number for all individuals working outside of the United States.
For general information about DUNS Numbers and SAM, please refer to Federal Acquisition Regulation (FAR) Clause 52.204-6, Data Universal Numbering System (DUNS) Number and FAR 52.204-7, System for Award Management.
https:/acquisition.gov/far/current/html/52_200_206.html or www.sam.gov.
ALL QUALIFIED APPLICANTS WILL BE CONSIDERED REGARDLESS OF AGE,
RACE, COLOR, SEX, CREED, NATIONAL ORIGIN, LAWFUL POLITICAL
AFFILIATION, NON-DISQUALIFYING DISABILITY, MARITAL STATUS, SEXUAL
ORIENTATION, AFFILIATION WITH AN EMPLOYEE ORGANIZATION, OR
OTHER NON-MERIT FACTOR.
V. LIST OF REQUIRED FORMS FOR PSC HIRES
Forms outlined below can found at http://www.usaid.gov/forms/.
Once the CO informs the successful Applicants about being selected for a contract award, the CO will provide the successful Applicants instructions about how to complete and submit the following forms.
1. Medical History and Examination Form (Department of State Forms)
2. Questionnaire for Sensitive Positions for National Security (SF-86), or
3. Questionnaire for Non-Sensitive Positions (SF-85)
4. Finger Print Card (FD-258)
VI. BENEFITS/ALLOWANCES
As a matter of policy, and as appropriate, a PSC is normally authorized the following benefits and allowances:
1. BENEFITS:
(a) Employer's FICA Contribution
(b) Contribution toward Health & Life Insurance
(c) Pay Comparability Adjustment
(d) Annual Increase (pending a satisfactory performance evaluation)
(e) Eligibility for Worker's Compensation
(f) Annual and Sick Leave
2. ALLOWANCES:
Section numbers refer to rules from the Department of State Standardized Regulations (Government Civilians Foreign Areas)
(a) Temporary Quarter Subsistence Allowance (Section 120)
(b) Living Quarters Allowance (Section 130)
(c) Cost-of-Living Allowance (Chapter 210)
(d) Post Allowance (Section 220)
(e) Separate Maintenance Allowance (Section 260)
(f) Education Allowance (Section 270)
(g) Education Travel (Section 280)
(h) Post Differential (Chapter 500)
(i) Payments during Evacuation/Authorized Departure (Section 600), and
(j) Danger Pay Allowance (Section 650)
VII. TAXES
USPSCs are required to pay Federal income taxes, FICA, Medicare and applicable State Income taxes.
http://www.usaid.gov/forms/ https://aoprals.state.gov/content.asp?content_id=134&menu_id=75 https://aoprals.state.gov/content.asp?content_id=134&menu_id=75
VIII. USAID REGULATIONS, POLICIES AND CONTRACT CLAUSES
PERTAINING TO PSCs
USAID regulations and policies governing USPSC awards are available at these sources:
1. USAID Acquisition Regulation (AIDAR), Appendix D, “Direct USAID Contracts with a U.S. Citizen or a U.S. Resident Alien for Personal Services Abroad,” including contract clause “General Provisions,” available at https://www.usaid.gov/sites/default/files/documents/1868/aidar_0.pdf .
2. Contract Cover Page form AID 309-1 available at https://www.usaid.gov/forms .
3. Ethical Conduct. By the acceptance of a USAID personal services contract as an individual, the contractor will be acknowledging receipt of the “Standards of Ethical Conduct for Employees of the Executive Branch,” available from the U.S. Office of Government Ethics, in accordance with General Provision 2 and 5 CFR 2635.
See https://www.oge.gov/web/oge.nsf/OGE%20Regulations .
4. Acquisition and Assistance Policy Directives/Contract Information Bulletins (AAPDs/CIBs) for Personal Services Contracts with Individuals, available at http://www.usaid.gov/work-usaid/aapds-cibs, contain changes to USAID policy and the PSC General Provisions in accordance with USAID regulations and contracts. Please refer to http://www.usaid.gov/work-usaid/aapds-cibs#psc to determine which AAPDs and CIBs apply to this contract.
AAPD 06-10 – PSC MEDICAL EXPENSE PAYMENT RESPONSIBILITY
(OCTOBER 2006)
(a) Definitions. Terms used in this General Provision are defined in 16 FAM 116 (available at http://www.foia.state.gov/REGS/fams.asp?level=2&id=59&fam=0). Note:
personal services contractors are not eligible to participate in the Federal Employees Health Programs.
(b) The regulations in the Foreign Affairs Manual, Volume 16, Chapter 520 (16 FAM 520), Responsibility for Payment of Medical Expenses, apply to this contract, except as stated below. The contractor and each eligible family member are strongly encouraged to obtain health insurance that covers this assignment. Nothing in this provision supersedes or contradicts any other term or provision in this contract that pertains to insurance or medical costs, except that section (e) supplements General Provision 25. “MEDICAL
EVACUATION (MEDEVAC) SERVICES.”
(c) When the contractor or eligible family member is covered by health insurance, that insurance is the primary payer for medical services provided to that contractor or eligible family member(s) both in the United States and abroad. The primary insurer’s liability is determined by the terms, conditions, limitations, and exclusions of the insurance policy.
When the contractor or eligible family member is not covered by health insurance, the https://www.usaid.gov/sites/default/files/documents/1868/aidar_0.pdf https://www.oge.gov/web/oge.nsf/OGE%20Regulations http://www.usaid.gov/work-usaid/aapds-cibs http://www.usaid.gov/work-usaid/aapds-cibs http://www.foia.state.gov/REGS/fams.asp?level=2&id=59&fam=0 contractor is the primary payer for the total amount of medical costs incurred and the U.S.
Government has no payment obligation (see paragraph (f) of this provision).
(d) USAID serves as a secondary payer for medical expenses of the contractor and eligible family members who are covered by health insurance, where the following conditions are met:
(1) The illness, injury, or medical condition giving rise to the expense is incurred, caused, or materially aggravated while the eligible individual is stationed or assigned abroad;
(2) The illness, injury, or medical condition giving rise to the expense required or requires hospitalization and the expense is directly related to the treatment of such illness, injury, or medical condition, including obstetrical care; and
(3) The Office of Medical Services (M/MED) or a Foreign Service medical provider (FSMP) determines that the treatment is appropriate for, and directly related to, the illness, injury, or medical condition.
(e) The Mission Director may, on the advice of M/MED or an FSMP at post, authorize medical travel for the contractor or an eligible family member in accordance with the General Provision 10, Travel and Transportation AAPD 06-10 PSC Medical Expense Payment Responsibility 6 Expenses (July 1993), section (i) entitled “Emergency and Irregular Travel and Transportation.” In the event of a medical emergency, when time does not permit consultation, the Mission Director may issue a Travel Authorization Form or Medical Services Authorization Form DS-3067, provided that the FSMP or Post Medical Advisor (PMA) is notified as soon as possible following such an issuance. The contractor must promptly file a claim with his or her medevac insurance provider and repay to USAID any amount the medevac insurer pays for medical travel, up to the amount USAID paid under this section. The contractor must repay USAID for medical costs paid by the medevac insurer in accordance with sections (f) and (g) below.
In order for medical travel to be an allowable cost under the corresponding General Provision, the contractor must provide USAID written evidence that medevac insurance does not cover these medical travel costs.
(f) If the contractor or eligible family member is not covered by primary health insurance, the contractor is the primary payer for the total amount of medical costs incurred. In the event of a medical emergency, the Medical and Health Program may authorize issuance of Form DS-3067, Authorization for Medical Services for Employees and/or Dependents, to secure admission to a hospital located abroad for the uninsured contractor or eligible family member. In that case, the contractor will be required to reimburse USAID in full for funds advanced by USAID pursuant to the issuance of the authorization. The contractor may reimburse USAID directly or USAID may offset the cost from the contractor’s invoice payments under this contract, any other contract the individual has with the U.S. Government, or through any other available debt collection mechanism.
(g) When USAID pays medical expenses (e.g., pursuant to Form DS-3067, Authorization for Medical Services for Employees and/or Dependents), repayment must be made to USAID either by insurance payment or directly by the contractor, except for the amount of such expenses USAID is obligated to pay under this provision. The Contracting Officer will determine the repayment amount in accordance with the terms of this provision and the policies and procedures for employees contained in 16 FAM 521. When USAID pays the medical expenses, including medical travel costs (see section (e) above), of an individual (either the contractor or an eligible family member) who is covered by insurance, that individual promptly must claim his or her benefits under any applicable insurance policy or policies. As soon as the individual receives the insurance payment, the contractor must reimburse USAID for the full amount that USAID paid on the individual’s behalf or the repayment amount determined by the Contracting Officer in accordance with this paragraph, whichever is less. If an individual is not covered by insurance, the contractor must reimburse USAID for the entire amount of all medical expenses and any travel costs the contractor receives from his/her medevac provider.
(h) In the event that the contractor or eligible family member fails to recover insurance payments or transfer the amount of such payments to USAID within 90 days, USAID will take appropriate action to collect the payments due, unless such failure is for reasons beyond the control of the USPSC/dependent.
(i) Before departing post or terminating the contract, the contractor must settle all medical expense and medical travel costs. If the contractor is insured, he or she must provide proof to the Contracting Officer that those insurance claims have been submitted to the insurance carrier(s) and sign a repayment agreement to repay to USAID any amounts paid by the insurance carrier(s).
(End of Provision)
AAPD 06-12 – HOMELAND SECURITY PRESIDENTIAL DIRECTIVE-12 (HSPD-
12) (SEPTEMBER 2006)
In response to the general threat of unauthorized access to federal facilities and information systems, the President issued Homeland Security Presidential Directive-12.
HSPD-12 requires all Federal agencies to use a common Personal Identity Verification (PIV) standard when identifying and issuing access rights to users of Federally-controlled facilities and/or Federal Information Systems. USAID will begin issuing HSPD-12 “smart card” IDs to applicable contracts, using a phased approach. Effective October 27, 2006, USAID will begin issuing new “smart card” IDs to new contractors (and new contractor employees) requiring routine access to USAID controlled facilities and/or access to USAID’s information systems. USAID will begin issuance of the new smart card IDs to existing contractors (and existing contractor employees) on October 27, 2007. (Exceptions would include those situations where an existing contractor (or contractor employee) loses or damages his/her existing ID and would need a replacement ID prior to Oct 27, 2007. In those situations, the existing contractor (or contractor employee) would need to follow the PIV processes described below, and be issued one of the new smart cards.)
Accordingly, before a contractor (including a PSC* or a contractor employee) may obtain a USAID ID (new or replacement) authorizing him/her routine access to USAID facilities, or logical access to USAID’s information systems, the individual must provide two forms of identity source documents in original form and a passport size photo. One identity source document must be a valid Federal or state government-issued picture ID. (Overseas foreign nationals must comply with the requirements of the Regional Security Office.)
USAID/W contractors must contact the USAID Security Office to obtain the list of acceptable forms of documentation, and contractors working in overseas Missions must obtain the acceptable documentation list from the Regional Security Officer. Submission of these documents, and related background checks, are mandatory in order for the contractor to receive a building access ID, and before access will be granted to any of USAID’s information systems. All contractors must physically present these two source documents for identity proofing at their USAID/W or Mission Security Briefing. The contractor or his/her Facilities Security Officer must return any issued building access ID and remote authentication token to USAID custody upon termination of the individual’s employment with the contractor or completion of the contract, whichever occurs first.
The contractor must comply with all applicable HSPD-12 and PIV procedures, as described above, and any subsequent USAID or government-wide HSPD-12 and PIV procedures/policies, including any subsequent related USAID General Notices, Office of Security Directives and/or Automated Directives System (ADS) policy directives and required procedures. This includes HSPD-12 procedures established in USAID/Washington and those procedures established by the overseas Regional Security Office.
In the event of inconsistencies between this clause and later issued Agency or government-wide HSPD-12 guidance, the most recent issued guidance should take precedence, unless otherwise instructed by the Contracting Officer.
The contractor is required to include this clause in any subcontracts that require the subcontractor or subcontractor employee to have routine physical access to USAID space or logical access to USAID’s information systems.
(End of Provision)
AAPD 15-02 – 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.
(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.
AAPD 18-02 – MEDICAL EVACUATION (MEDEVAC) SERVICES (MAY 2018)
(Pursuant to class deviation #M/OAA-DEV-AIDAR-18-3c)
USAID will provide Medevac services to the contractor and authorized dependents, through the Department of State’s Bureau for Medical Services (MED), similar to those provided to U.S. Government employees in accordance with 16 FAM 300 Medical Travel.
Medevac costs include travel and per diem, but do not include medical care costs. To be covered by the Medevac program, the contractor and authorized dependents must obtain and maintain international health insurance coverage that includes overseas hospitalization, and must provide proof of such insurance to the contracting officer prior to relocation abroad.”
AAPD 18-03 – CONTRACTOR-MISSION RELATIONSHIPS (JUNE 2018)
(Pursuant to class deviation #M/OAA-DEV-AIDAR-18-04c)
(a) The Contractor acknowledges that this contract is an important part of the United States Foreign Assistance Program and agrees that its operations and those of its employees in the Cooperating Country will be carried out in such a manner as to be fully commensurate with the responsibility which this entails.
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