7200AA22R00060 Labor Specialist Solicitation.pdf

SOLICITATION NUMBER: 7200AA22R00060

ISSUANCE DATE: April 15, 2022

CLOSING DATE AND TIME: May 16, 2022, 1:00PM ET

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

Dear Prospective Offerors:

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

Offers must be in accordance with Attachment 1 of this solicitation. Incomplete or unsigned offers will not be considered. Offerors should retain copies of all offer materials for their records.

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

Any questions must be directed in writing to the Point of Contact specified in Attachment 1.

Sincerely, Leigh Carlson Contracting Officer

Solicitation No. 7200AA22R00060

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ATTACHMENT 1

I. GENERAL INFORMATION

1. SOLICITATION NO.: 7200AA22R00060

2. ISSUANCE DATE: April 15, 2022

3. CLOSING DATE AND TIME FOR RECEIPT OF OFFERS: May 16, 2022, 1:00PM

ET

4. POINT OF CONTACT:

Ms. Leigh Carlson Contracting Officer U.S. Agency for International Development E-mail address: lcarlson@usaid.gov

5. POSITION TITLE: Labor Specialist

6. MARKET VALUE: $106,823 - $138,868 per year, equivalent to GS-13, including

Washington, D.C. locality pay. Final compensation will be negotiated within the listed market value. Offerors who live outside the Washington, D.C. area will be considered for employment, but no relocation expenses will be reimbursed.

7. PERIOD OF PERFORMANCE: One (1) year with four (4) one-year option periods, estimated to start on September 1, 2022.

The base period will be one (1) year, estimated to start on September 1, 2022. Based on Agency need, the Contracting Officer may exercise up to four (4) additional one-year option period(s) for the dates estimated as follows:

Base Period: September 1, 2022 – August 31, 2023 Option Period 1: September 1, 2023 – August 31, 2024 Option Period 2: September 1, 2024 – August 31, 2025 Option Period 3: September 1, 2025 – August 31, 2026 Option Period 4: September 1, 2026 – August 31, 2027

The actual start date may be sooner or later than the estimated start date. The selected offeror is expected to start as soon as possible after necessary clearances are obtained.

8. PLACE OF PERFORMANCE: Washington, D.C., with possible travel as stated in the

Statement of Duties.

9. ELIGIBLE OFFERORS: U.S. Citizens

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10. SECURITY LEVEL REQUIRED: Secret Level Security Clearance

11. STATEMENT OF DUTIES

A. BACKGROUND

As the home for USAID’s Democracy, Human Rights and Governance (DRG) programs, the Center for Democracy, Human Rights and Governance (DRG Center) within the Bureau for Development, Democracy, and Innovation (DDI) focuses on advocating for democratic governance, driving important research, and supporting over 90 field missions worldwide to develop and implement programs. USAID’s DRG sector includes support for good governance, rule of law, elections and political processes, civil society and media, human rights, and other DRG fields.

USAID currently manages over $1.7 billion a year on a broad range of democracy programs covering justice, human rights, citizen security, civil society, media, local government, legislatures, constitutional reform, political parties, elections, anti-corruption, and anti-trafficking in persons. These efforts are critical to improve government effectiveness, accountability, transparency and legitimacy, and to ensure citizens are empowered to play a role in public affairs and the decisions that affect their daily lives. They also underpin the sustainability of the Agency’s socio-economic development sectors. The DRG Center leads the Agency in supporting overall efforts to advance democracy, human rights, and governance.

The DRG Center's annual budget is approximately $125 million, with a staff of over 90, comprised of U.S. Direct Hires (USDHs), contractors, and Fellows. The DRG Center currently has nine technical teams: Cadre Care & Development (CCD), Civil Society and Media (CSM), Democratic Resilience and Innovation (DRI), Democratic Elections and Political Processes (DEPP), Evidence & Learning (E&L), Policy, Coordination, and Integration (PCI), Governance (GOV), Justice, Rights, and Security (JRS), , and the Program Team. The DRG Center's goal is to promote peace, prosperity and freedom around the globe through self-reliant, citizen-responsive governance that respects human dignity and the rule of law. The DRG Center achieves this through high quality support to USAID Missions, generating and disseminating knowledge on best practices, and providing leadership on DRG to the wider USG and the international development community.

DRG’s CSM Team provides technical leadership and support on civil society and media, including youth and labor issues. The CSM Team generates comparative knowledge on effective approaches for strengthening civil society and independent media; pilots state-of-the-art approaches to civil society and media support; strengthens the Agency’s DRG staff through training and technical support; conducts assessments, strategy and program designs, and evaluations; and designs and manages a targeted portfolio of global programs. The CSM Team promotes innovations in civil society, media, labor, and youth as a means for addressing development challenges, and represents USAID in international processes, networks, and working groups.

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The world is facing an evolving landscape for global labor rights, including the impacts of the COVID pandemic, climate change, authoritarian incursions on freedom of association, and technology and the platform economy. These trends have exacerbated challenges to ensuring decent work globally through worker organizing, collective bargaining, legal advocacy, gender equity, and the inclusion of marginalized groups. USAID seeks a subject matter expert with expert knowledge of labor programming and labor-related topics, including the issues outlined above and other areas crucial to USAID engagement on labor, such as: forced labor, labor migration, international trade policy, supply chain dynamics, labor law, and international labor standards. The Labor Specialist will support the work of USAID field Missions and Washington Operating Units, other USG entities, and the broader DRG community. The incumbent will be expected to integrate labor issues with broader USAID development objectives to elevate labor issues within the Agency and enhance the impact of USAID programming across sectors. The Labor Specialist will also advance the DRG Center’s labor learning efforts to address gaps in knowledge, identify issues and trends, and collect best practices relevant to labor rights programming.

This position is located in the DRG Center. As a direct report to the Supervisor of the CSM Labor Sub-team, the incumbent provides support to the CSM Team, other DRG Center teams, USAID Missions, and the Agency to advance thinking and approaches regarding labor programming as they relate to civil society, media, and democratic systems. The incumbent supports the integration of labor rights issues with CSM, DRG Center, and Agency priorities.

B. DUTIES AND RESPONSIBILITIES

The Labor Specialist will be a subject matter expert on labor programming and labor-related topics, and will support the work of USAID field Missions and Washington Operating Units.

The incumbent will be adept at assessing unique cultural and political contexts to assist in the development and adaptation of policy and programming in complex circumstances. USAID will rely on the incumbent to provide guidance and solutions when competing interests arise, such as conflicting inter-agency or local priorities. The position will advise USAID and the interagency on issues including, but not limited to, worker organizing and collective bargaining, forced labor, labor migration, the integration of labor issues into other development sectors, international trade policy, labor law, and international labor standards.

The Specialist must also be well versed in labor-related academic research, issues, and trends, including the emerging debates on the effects of technology on labor markets and the Future of Work.

The Labor Specialist is expected to carry out a diverse set of work assignments related to USAID's labor rights approaches, with some technical oversight from the Senior Labor Advisor, including leading or making significant contributions to research; programming;

training; monitoring, evaluation, and learning (MEL); and policy formulation.

The incumbent will perform their duties under administrative direction from the Supervisor of the CSM Labor Sub-team and in technical consultation with the Senior Labor Advisor, with latitude for the exercise of independent judgment in areas such as program and project management.

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The incumbent will have strong interpersonal, communication, and negotiation skills and willingness to function in a collaborative and collegial environment; sensitivity to others; and balanced judgment. The incumbent will have the ability to work in a fast-paced, fluid environment, re-prioritizing actions and adjusting workload as needed. The incumbent is expected to take initiative and show innovativeness and resourcefulness in recommending new or improved approaches.

The position is based in Washington, D.C., and may include domestic and foreign travel as needed.

The Labor Specialist’s position includes the following responsibilities:

Serve as an Agency-Wide Technical Resource on Labor Issues (approx. 80 percent)

● Provide technical leadership, guidance, and analysis to USAID field missions and

Washington Operating Units. Assist in designing and adapting labor programming, including designing new activities, developing strategies, and drafting relevant documents. Assist in the review and selection of programming. Serve as a liaison between DDI/DRG and other offices within DDI; USAID regional bureaus; USAID Missions; the State Department; the Department of Labor; other USG agencies;

Congress; other donors; and partners. Advise DRG, DDI, and Agency senior leaders on labor rights, programming, and coordination issues.

● Serve as Agreement Officer’s Representative (AOR), Alternate AOR, Contracting

Officer’s Representative (COR), Alternate COR, and/or activity manager for DRG Center programs, including for projects under the Global Labor Program. Review and provide feedback and guidance on annual work plans, implementing partner reports, and budgets, in accordance with USAID policies and procedures. Maintain award files using Agency systems and ensure compliance with award management requirements. Serve as a primary liaison with implementing partners and ensure projects meet objectives.

Coordinate programming with intra-agency, inter-agency, and other donors. Collaborate with the Office of Acquisition and Assistance on award management issues. Serving as AOR/COR requires successful completion of a certification program in accordance with Agency policy.

● Provide input on labor-related research, evaluations, assessments, and related learning products. Assist in strategic planning and implementation.

● Assist the Senior Labor Advisor and DRG/CSM in maintaining state-of-the-art knowledge of labor-related academic research and trends, including the emerging debates on the effects of technology on labor markets and the Future of Work. Advise DDI senior management, USAID Missions and Operating Units, and the interagency on the implications of these issues for development programming. Assist in providing cutting edge technical support to Missions and Washington operating units on key labor issues as they relate to civil society, development outcomes, democratic systems, and related

6 | Page themes. The Labor Specialist contributes to the CSM research agenda as one of the DRG Center’s recognized subject matter experts on labor.

● Assist the Senior Labor Advisor in producing technical guidance on best practices, evaluation findings, and new innovations in labor and/or related subjects. This includes, for example, programming toolkits and guides, evaluations of interventions, and training courses to advance USAID’s understanding of what works in labor-related assistance.

Disseminate guidance and facilitate training activities.

● Represent USAID at meetings with USG agencies and key stakeholders on labor-related issues. Assist the Senior Labor Advisor and other DRG Center staff with briefings as appropriate to Congress, the National Security Council, State Department, and other donors on USAID labor programming and labor rights issues in key countries.

Communications that reflect a final policy, planning, or budget decision of the agency must be cleared by a USDH employee.

● Report on labor indicators and budget requests through standard Agency processes including the Operational Plan, Congressional Notifications, and the Performance Plan and Report.

Support the integration of labor rights issues into USAID’s development work (approx.

20 percent)

● Prepare talking points, speeches, and other briefing materials on labor-related issues relevant to DRG work for CSM, the DRG Center, and USAID senior staff and others as needed.

● Integrate labor issues and assist in the management of programs related to civil society and media strengthening, human rights, and good governance as needed.

● Support the work of DRG Center by providing labor-related input into responses to requests for information; backstopping specific country DRG programs; integrating labor into DRG objectives; participating on regional teams; and participating on intra-Center and intra-agency task forces and working groups.

● Assist with DRG Center-wide projects, initiatives, and activities, as needed.

C. SUPERVISORY CONTROLS

The incumbent’s supervisor is the Supervisor of the CSM Labor Sub-team or their designee.

The incumbent serves as a member of the CSM Team, and as appropriate, coordinates with other USAID operating units as a representative of the DRG Center and the Civil Society and Media Team. The incumbent works closely with, and receives some technical guidance and direction from, the Senior Labor Advisor. The Supervisor sets overall objectives. The Supervisor and the incumbent will develop a work plan. As a subject matter expert, the incumbent independently plans, designs, and carries out activities, studies, and

7 | Page programs/projects. Completed work is reviewed only from an overall standpoint in terms of feasibility, compatibility with other work, or effectiveness in meeting requirements, or expected results. The incumbent develops deadlines for activities and other specialized tasks and is responsible for planning and carrying out assignments, resolving most conflicts that arise, and coordinating work with others as necessary. The incumbent interprets policy in terms of established objectives and keeps their supervisor informed of progress in the achievement of objectives and of potentially controversial matters.

Supervision or oversight the position has over others: None.

D. TRAVEL REQUIREMENTS: The incumbent should expect to spend up to 20% of their time on temporary duty travel (TDY) assignments.

E. SUPPORT ITEMS: The incumbent will be provided with the support services, equipment, and supplies necessary to perform the work.

12. PHYSICAL DEMANDS

The work requested does not involve undue physical demands.

II. MINIMUM QUALIFICATIONS REQUIRED FOR THIS POSITION

(Determines basic eligibility for the position. Offerors who do not meet all of the minimum qualification requirements, or whose offer does not make clear whether they meet these minimum qualifications, are considered NOT qualified for the position.)

Offeror is a U.S. citizen.

Education/Experience:

● Master’s degree or higher degree from an accredited U.S. or foreign educational institution with study in a pertinent field, such as: international relations, public policy, sociology, law, economics, or other social science.

● Four (4) years of experience in international development work relevant to labor rights. This must include:

o Two years of program management experience.

o Two years of overseas experience in developing country contexts, either virtual or in-person. Virtual overseas work is defined as work that would have been conducted in an overseas location if not for the global COVID pandemic.

OR

● Bachelor’s degree from an accredited U.S. or foreign educational institution, preferably in the social sciences or other relevant field.

● Six (6) years of experience in international development work relevant to labor rights. This must include:

o Two years of program management experience.

8 | Page o Two years of overseas experience in developing country contexts, either virtual or in-person. Virtual overseas work is defined as work that would have been conducted in an overseas location if not for the global COVID pandemic.

III. EVALUATION AND SELECTION FACTORS

The Government may award a contract without discussions with offerors in accordance with FAR 52.215-1. The Contracting Officer (CO) reserves the right at any point in the evaluation process to establish a competitive range of offerors with whom negotiations will be conducted pursuant to FAR 15.306(c). In accordance with FAR 52.215-1, if the CO determines that the number of offers that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the CO may limit the number of offerors in the competitive range to the greatest number that will permit an efficient competition among the most highly rated offers. FAR provisions of this solicitation are available at https://www.acquisition.gov/browse/index/far.

Quality Ranking Factors (QRFs) Offerors must demonstrate each QRF within their resume and/or form AID 309-2, as they are evaluated strictly by the information provided. Offerors’ experience, training, education and/or awards they have received as described in the resume and form AID-309-2 must clearly demonstrate the QRFs.

QRF 1: Technical Expertise (25 points)

● Demonstrated ability to contribute to analysis and provide recommendations on a wide-range of issues concerning labor rights;

● Demonstrated experience with and awareness of cutting-edge research and best practices regarding labor and DRG issues; and

● Demonstrated ability to contribute to developing capacity building materials, training, and convenings related to labor rights.

QRF 2: Program Management Experience (20 points)

● Demonstrated experience in managing development programming related to labor rights, including coordinating programs with internal and external stakeholders.

QRF 3: Communication (15 points)

● Demonstrated experience communicating both orally and in writing to internal and external stakeholders, and to a range of audiences at various levels (e.g., senior officials, peers, and non-technical audiences).

● Demonstrated experience contributing to the analysis and synthesis of information for use by principals.

QRF 4: Teamwork (15 points)

● Demonstrated experience working effectively with teams in a fast-paced, fluid environment.

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● Demonstrated experience working collaboratively and constructively with colleagues of diverse backgrounds and opinions.

Rating system is as follows:

QRF 1: Technical Expertise: 25 points QRF 2: Program Management Experience: 20 points QRF 3: Communication: 15 points QRF 4: Teamwork: 15 points Total Possible QRF points: 75 points

Interview Performance: 25 points

Satisfactory Professional Reference Checks: Pass/Fail/Neutral (no points assigned)

Total Possible Points: 100

Basis of Rating Eligible offerors who meet the Minimum Qualifications will be further evaluated based on scoring of the Quality Ranking Factors (QRFs). The evaluation of the QRFs, which is based on the information provided in the written offer materials (form AID 309-2, resume), will be used to determine the competitive ranking of qualified offerors. The most qualified offeror(s) will be interviewed. In addition, offers (written materials and interviews) will be evaluated based on content as well as on the offeror’s written and oral communication skills. USAID will not pay for any expenses associated with the interviews. Interviews conducted in person will be held at USAID offices in the Washington, D.C. region. While in person interviews are preferred, interviews by telephone or video may also be conducted. Professional reference checks will be conducted only for offeror(s) who are interviewed. Offeror(s) will be requested to submit professional references for USAID to contact at that time. Please be advised that references may be obtained independently from other sources in addition to the ones provided by the offeror. In the event that USAID is unable to obtain any information from references, the lack of reference information will not be evaluated favorably or unfavorably (i.e., a Neutral rating for references).

Satisfactory verification of academic credentials is required prior to award. The selected offeror will be required to submit official transcripts for the academic degree for which the offeror qualified for the position. If the selected offeror fails to submit the required academic credential documentation within the time period specified by the Contracting Officer, the offeror may be disqualified from further consideration for award. Education completed in foreign colleges or universities may be used to meet the education requirements. Transcripts from foreign educational institutions must be accompanied by an official Evaluation of Educational Credentials. It is the offeror’s responsibility to provide evidence that the foreign education is comparable to that received in an accredited educational institution in the United States. If you are qualifying based on foreign education, you must submit proof of creditability of education as evaluated by a credentialing agency. USAID will not pay for expenses related to obtaining transcripts or proof of creditability of foreign education. Click on the following link for a list of accredited organizations (https://www.naces.org/members) recognized as specializing in

10 | Page interpretation of foreign education credentials. More information may be found at https://www2.ed.gov/about/offices/list/ous/international/usnei/us/edlite-visitus-forrecog.html.

The selected offeror will be required to obtain a Secret Level Security Clearance provided by USAID prior to contract award. Dual citizens may be asked to renounce second-country citizenship. If a full security investigation package is not submitted by the selected offeror within 30 days after it is requested, the offer may be rescinded. If a Secret level security clearance is not obtained within nine months after offeror acceptance, the offer may be rescinded.

NOTE REGARDING UNIQUE ENTITY IDENTIFIER (UEI) AND THE SYSTEM FOR

AWARD MANAGEMENT: All USPSCs with a place of performance in the United States are required to have a Unique Entity Identifier (UEI) and be registered in the System for Award Management (SAM) database prior to receiving an award. You will be disqualified if you either fail to comply with this requirement or if your name appears on the excluded parties list in www.sam.gov or on the Office of Foreign Assets Control (OFAC) list of Specially Designated Nationals and Blocked Persons. Registration information is available at www.sam.gov.

NOTE: Registration for a UEI and registration in SAM is FREE.

Interested offerors are highly encouraged to initiate the registration process early to avoid any delays during contract award.

USAID reserves the right to select additional offerors to fill possible future vacant positions if vacancies become available during the selection process.

IV. SUBMITTING AN OFFER

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. This form must be signed (either hand-written or electronic signature). Unsigned forms will not be accepted.

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

3. Offeror submissions must clearly reference the Solicitation number on all offeror submitted documents.

4. Offerors must submit a complete resume in either Microsoft Word or Adobe PDF format.

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

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In order to fully evaluate your offer your resume must include:

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

(b) Specific duties performed that 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. Do not submit transcripts or other certifications with your offer. Transcripts and/or certifications must be submitted only upon request.

5. Offers must be submitted in English.

6. Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors - The Offeror will be required to show proof that the Offeror is fully vaccinated against COVID-19 on or before the first date of onboarding, or submit an approved reasonable accommodation to the CO. If the contractor does not meet this requirement the contract may be terminated.*

* See Notice Regarding Any Court Order Affecting the Implementation of E.O. 14042 in Section VIII below.

Additional documents submitted will not be accepted. Incomplete or late offers will not be considered.

V. LIST OF REQUIRED FORMS PRIOR TO AWARD

The CO will provide instructions about how to complete and submit the following forms after an offeror is selected for the contract award.

1. Questionnaire for Sensitive Positions (for National Security) (SF-86), or Questionnaire for Non-Sensitive Positions (SF-85)

2. Finger Print Card (FD-258)

3. Declaration of Federal Employment (OF-306)

VI. BENEFITS AND ALLOWANCES

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

1. BENEFITS:

(a) Employer's FICA Contribution

(b) Contribution toward Health & Life Insurance

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(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:

The following allowances may be provided to the USPSC while on TDY overseas if determined applicable. Section numbers refer to rules from the Department of State Standardized Regulations (Government Civilians Foreign Areas), available at https://aoprals.state.gov/content.asp?content_id=282&menu_id=101.

(a) Danger Pay Allowance (Section 650)

(b) Post Differential (Chapter 500 and Tables in Chapter 900)

(c) Payments During Evacuation (Section 600)

VII. TAXES

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

VIII. USAID REGULATIONS, POLICIES AND CONTRACT CLAUSES PERTAINING

TO PSCs

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

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

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

2. FAR 52.223-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR

FEDERAL CONTRACTORS (OCT 2021)-Alternate 70 (OCT 2021) (M/OAA-DEV- FAR-22-01c)

(a) Definition. As used in this clause -

United States or its outlying areas means—

(1) The fifty States;

(2) The District of Columbia;

(3) The commonwealths of Puerto Rico and the Northern Mariana Islands;

(4) The territories of American Samoa, Guam, and the United States Virgin Islands; and

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(5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll.

(b) Authority. This clause implements Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal Register on September 14, 2021, 86 FR 50985).

(c) Personal Services Contracts with individuals. As a matter of policy, the contractor must comply with the USAID’s guidance applicable to direct-hire federal employees.

(End of clause)

Notice Regarding Any Court Order Affecting the Implementation of E.O. 14042

USAID will take no action to enforce the clause (FAR 52.223-99) implementing the requirements of Executive Order 14042, absent further written notice from USAID, where the place of performance identified in the contract is in a U.S. state or outlying area subject to a court order prohibiting the application of requirements pursuant to the Executive Order (hereinafter, “Excluded State or Outlying Area”). In all other circumstances, USAID will enforce the clause, except for contractor employees who perform substantial work on or in connection with a covered contract in an Excluded State or Outlying Area, or in a covered contractor workplace located in an Excluded State or Outlying Area. A current list of such Excluded States and Outlying Areas is maintained at https://www.saferfederalworkforce.gov/contractors/.

3. Contract Cover Page form AID 309-1 available at https://www.usaid.gov/forms. Pricing by line item is to be determined upon contract award as described below:

ITEM

NO

(A)

SUPPLIES/SERVICES

(DESCRIPTION) (B)

QUANTITY

(C)

UNIT

(D)

UNIT

PRICE

(E)

AMOUNT

(F)

0001 Base Period – Compensation, Fringe Benefits and Other Direct Costs (ODCs)

- Award Type: Cost

- Product Service Code: R497

- Accounting Info: TBD

1 LOT $_TBD_ $_TBD_ at Award after negotiations with Contractor

1001 Option Period 1 – Compensation, Fringe Benefits and Other Direct Costs (ODCs)

- Award Type: Cost

- Product Service Code: R497

- Accounting Info: TBD

1 LOT $_TBD_ $_TBD_ at Award after negotiations with Contractor

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2001 Option Period 2 – Compensation, Fringe Benefits and Other Direct Costs (ODCs)

- Award Type: Cost

- Product Service Code: R497

- Accounting Info: TBD

1 LOT $_TBD_ $_TBD_ at Award after negotiations with Contractor

3001 Option Period 3 – Compensation, Fringe Benefits and Other Direct Costs (ODCs)

- Award Type: Cost

- Product Service Code: R497

- Accounting Info: TBD

1 LOT $_TBD_ $_TBD_ at Award after negotiations with Contractor

4001 Option Period 4 – Compensation, Fringe Benefits and Other Direct Costs (ODCs)

- Award Type: Cost

- Product Service Code: R497

- Accounting Info: TBD

1 LOT $_TBD_ $_TBD_ at Award after negotiations with Contractor

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. The following AAPDs/CIBs are applicable:

AAPD 06-10 – PSC Medical Expense Payment Responsibility:

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.

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When the contractor or eligible family member is not covered by health insurance, the contractor is the primary payer for the total amount of medical costs incurred and the U.S.

Government has no payment obligation (see paragraph (f) of this provision).

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

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

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

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

(e) The Mission Director may, on the advice of M/MED or an FSMP at post, authorize medical travel for the contractor or an eligible family member in accordance with the General Provision 10, Travel and Transportation 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 General Provision 10, the contractor must provide USAID written evidence that medevac insurance does not cover these medical travel costs.

(f) If the contractor or eligible family member is not covered by primary health insurance, the contractor is the primary payer for the total amount of medical costs incurred. In the event of a medical emergency, the Medical and Health Program may authorize issuance of Form DS- 3067, Authorization for Medical Services for Employees and/or Dependents, to secure admission to a hospital located abroad for the uninsured contractor or eligible family member.

In that case, the contractor will be required to reimburse USAID in full for funds advanced by USAID pursuant to the issuance of the authorization. The contractor may reimburse USAID directly or USAID may offset the cost from the contractor’s invoice payments under

16 | Page 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 18-02 REVISION 2 – Revisions to Medevac Policies for USPSCs and TCNPSCs Class Deviation M-OAA-DEV-AIDAR-22-3c

GP 25. Medical Evacuation (Medevac) Services (DEC 2019)

A contractor who is required to relocate abroad and accompanying eligible family members;

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

To be eligible for Medevac services covered by the Department of State Medevac program, the contractor and accompanying eligible family members must obtain and maintain

17 | Page international health insurance coverage in accordance with the clause of the contract entitled, “Insurance.”

[END CLAUSE]

AAPD 21-05 – Revised and Expanded Fringe Benefits for U.S. Personal Services Contractors Class Deviation M/OAA-DEV-AIDAR-22-1c

GP 5. LEAVE AND HOLIDAYS [Deviation (NOV 2021)]

(a) Annual Leave. (1) The contractor may accrue annual leave at the rate specified in paragraph (a)(2) of this clause as follows:

(i) If the contract period of performance is ninety (90) calendar days or more, and the contractor’s performance is continuous for the contract period of performance, the contractor is entitled to accrue annual leave as of the start date of the contract.

(ii) If the contract period of performance is ninety (90) calendar days or more, and the contractor's performance is not continuous during the contract period of performance, the contractor is entitled to accrue annual leave only for each instance of continuous performance of ninety (90) calendar days or more.

(iii) If the contract period of performance is less than ninety (90) calendar days, the contractor is not entitled to accrue annual leave.

(2) The rate at which the contractor will accrue annual leave is based on the contractor’s time in service according to the table of this paragraph (a)(2). The accrual rates are based on a full-time, 40-hour workweek, which will be prorated if the contract provides for a shorter workweek:

Time in Service Annual Leave (AL) Accrual Rate 0 to 3 years 4 hours of leave for each 2-week period over 3, and up to 15 years

6 hours of AL for each 2-week period (including 10 hours AL for the final pay period of a calendar year) over 15 years 8 hours of AL for each 2-week period

(i) USAID will calculate the time in service based on all the previous service performed by the contractor as--:

(A) An individual personal services contractor with USAID for any duration covered by Sec.

636(a)(3) of the FAA or other statutory authority applicable to USAID; and/or

(B) A former U.S. Government (USG) direct-hire civilian employee; and/or

(C) An honorable active duty member of the uniformed services based on the definition in 5 U.S.C. 2101(3).

18 | Page

(ii) In addition to the information certified by the contractor in their Offeror Information form, the contracting officer may require the contractor to furnish copies of previously executed contracts, and/or other evidence of previous service (e.g. SF 50, DD Form 214 or 215) to conduct the due diligence necessary to verify creditable previous service.

(3) Annual Leave is provided under this contract primarily for the purposes of providing the contractor necessary rest and recreation during the period of performance. The contractor, in consultation with the Supervisor, must develop an annual leave schedule early in the period of performance, taking into consideration the requirements of the position, the contractor’s preference, and other factors. The maximum amount of annual leave that the contractor can carry over from one leave year to the next is limited to 240 hours. The contractor’s unused annual leave balance in excess of the 240 hour maximum at the end of the last pay period of each leave year will be forfeited, unless the requirements of the position precluded the contractor from taking such leave. The contractor may be authorized to restore annual leave for exceptional circumstances beyond the control of the contractor. The restoration of annual leave may be approved only by the USAID Administrator, cognizant Assistant Administrator or Head of an Independent Office reporting directly to the USAID Administrator, and cannot be delegated further. Annual leave restored must be scheduled and used no later than either the end of the leave year two years after either--

(i) The date fixed by the approving official as the termination date of the exigency of the public business or other reason beyond the contractor’s control, which resulted in the forfeiture;

or

(ii) The end of the contract, whichever is earlier.

(4) The contractor must use all accrued annual leave during the period of performance. At the end of the contract, the contractor will forfeit any unused annual leave except where the requirements of the position precluded the contractor from taking annual leave. In this case, the contracting officer may authorize the following:

(i) The contractor to take annual leave during the concluding weeks of the contract, not to exceed the period of performance; or

(ii) Payment of a lump-sum for annual leave not taken based on a signed, written determination and findings (D&F) from the contractor’s supervisor. The D&F must set out the facts and circumstances that prevented the contractor from taking annual leave, and the contracting officer must find that the contractor did not cause, or have the ability to control, such facts and circumstances. This lump-sum payment must not exceed the number of days the contractor could have accrued during a twelve (12)-month period based on the contractor’s accrual rate.

(5) The contractor may be granted advanced annual leave by the contracting officer when circumstances warrant. Advanced leave must be approved by the Mission Director, cognizant Assistant Administrator, or Head of an Independent Office reporting directly to the Administrator, as appropriate. In no case may the contracting officer grant advanced annual leave in excess of the amount the contractor can accrue in a twelve (12)-month period or over the life of the contract, whichever is less. At the end of the period of performance or at termination, the

19 | Page contractor must reimburse USAID for any outstanding balance of advanced annual leave provided to the contractor under the contract.

(b) Sick Leave. The contractor may use sick leave on the same basis and for the same purposes as USAID direct-hire employees. The contractor will accrue sick leave at a rate not to exceed four

(4) hours every two (2) weeks for a maximum of thirteen (13) work-days per year based on a full-time, 40-hour workweek, and the rate of accrual will be prorated if the contract provides for a shorter workweek. The contractor may carry over unused sick leave from year to year under the same contract, and to a new follow-on contract for the same work at the same place of performance. The contractor is not authorized to carry over sick leave to a new contract for a different position or at a different location. The contractor will not be compensated for unused sick leave at the completion of this contract.

(c) Home Leave. (1) The contractor may be granted home leave to be taken only in the U.S., its commonwealth, possessions, or territories, in one continuous period, under the following conditions:

(i) The contractor must complete twenty-four (24) continuous months of service abroad under this contract, and must not have taken more than thirty (30) workdays leave (annual, sick, or LWOP) in the U.S., its commonwealths, possessions, or territories. The required service abroad will include the actual days in orientation in the U.S. (excluding any language training), travel time by the most direct route, and actual days abroad beginning on the date of arrival in the cooperating country. Any annual and sick leave taken abroad, excluding leave without pay (LWOP), will count toward the period of service abroad. Any days of annual and sick leave taken in the U.S., its commonwealths, possessions, or territories will not be counted toward the required twenty-four (24) months of service abroad.

(ii) The contractor must agree to return immediately after completing home leave to continue performance for an additional—

(A) Two (2) years, or

(B) Not less than one (1) year, if approved in writing by the Mission Director before the contractor departs on home leave.

(iii) If the contractor agrees to meet the conditions in paragraph (c)(1)(ii) of this clause above by returning to the same USAID Mission under this contract or a new contract, the contractor may be granted thirty (30) workdays of home leave.

(iv) If the contractor agrees to meet the continued performance conditions of paragraph

(c)(1)(ii) of this clause and will be relocating to a different USAID Mission under a new USAID personal services contract immediately following the completion of home leave, the contractor may be granted twenty (20) workdays of home leave. USAID will provide the contractor these twenty days of home leave under this contract, not under the new contract.

(v) If home leave eligibility is based on paragraph (c)(1)(iv) of this clause, prior to departure on home leave, the contractor must submit to the contracting officer at the current Mission, a copy of the new contract with a special award condition in the contract Schedule indicating the

20 | Page contractor’s obligation to fulfill the commitment for continued performance in accordance with paragraph (c)(1)(ii) of this clause.

(2) Notwithstanding the requirements in paragraph (c)(1) of this clause, the contractor may be granted advanced home leave subject to all of the following conditions:

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

(ii) The contractor has served at least eighteen (18) months abroad, as defined in paragraph (c)(4) of this clause, at the same USAID Mission under this contract, and has not taken more than 30 work days leave (annual, sick or LWOP) in the U.S.; and

(iii) The contractor agrees to return immediately to the same Mission to complete the time remaining to meet the twenty-four (24) month period of service required for home leave, which begins after the contractor returns from home leave, plus an additional—

(A) Two (2) years, or

(B) Not less than one (1) year, if approved by the Mission Director, under the current contract, or under a new contract for the same or similar services at the same Mission, before the contractor departs on home leave.

(3)(i) Home leave must be taken only in the U.S., its commonwealths, possessions, or territories.

Any days spent in any other location will be charged to annual leave, or if the contractor does not have accrued annual leave to cover these days, the contractor will be placed on LWOP.

(ii) Travel time by the most direct route is authorized in addition to the home leave authorized under this “Leave and Holidays” clause. Salary during travel to and from the U.S. for home leave will be limited to the time required for travel by the most direct and expeditious route. Additional home leave travel requirements are included in the “Travel and Transportation Expenses” clause of this contract.

(iii) Except for reasons beyond the contractor's control as determined by the contracting officer, the contractor must return abroad immediately after home leave to fulfill the additional required continued performance of services for any home leave provided under this contract, or else the contractor must reimburse USAID for the salary and benefits costs of home leave, travel and transportation, and any other payments related to home leave.

(iv) Unused home leave is not reimbursable under this contract.

(4) The contracting officer may authorize the contractor to spend no more than five (5) days in work status for consultation at…