DRG PLI Sol_7200AA24R00043 USPSC Senior EL Program Specialist.pdf

SOLICITATION NUMBER: 7200AA24R00043

ISSUANCE DATE: March 29, 2024

CLOSING DATE AND TIME: April 30, 2024, 4:00 PM EST

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

Evidence and Learning (E&L) Program Specialist at the GS-14 Equivalent Level

Dear Prospective Offerors:

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

Offers must be in accordance with Attachment 1, Sections I through V of this solicitation.

Incomplete or unsigned offers will not be considered. Offerors should retain copies of all Offer materials for their records.

USAID will evaluate all offerors based on the stated evaluation criteria. USAID encourages all individuals, including those from disadvantaged and under-represented groups, to respond to the 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 offer.

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

Sincerely, Contracting Officer

ATTACHMENT 1 7200AA24R00043

Senior Evidence and Learning Program Specialist

I. GENERAL INFORMATION

1. SOLICITATION NO.: 7200AA24R00043

2. ISSUANCE DATE: March 29, 2024

3. CLOSING DATE/TIME FOR RECEIPT OF OFFERS: April 30, 2024, 4:00 PM EST

4. POINT OF CONTACT: Eileen Fanelli; email at efanelli@usaid.gov.

5. POSITION TITLE: Senior Evidence and Learning Program Specialist

6. MARKET VALUE: $139,395 -$181,216 equivalent to a GS-14, with Washington DC locality pay.

Final compensation will be negotiated within the listed market value and will include Locality Pay for domestic USPSCs based on the location of the Official USAID Worksite.

7. PLACE OF PERFORMANCE: USAID/Washington. Relocation expenses will not be reimbursed for U.S.-based positions. This position has been designated telework eligible for between two to four days per pay period with the approval of the supervisor and execution of a telework agreement.

8. PERIOD OF PERFORMANCE: A two-year base period, with three (3) one-year options based on Agency need, as illustrated below, assuming a start date in September 2024.

Base Period September 2024 – September 2026 Option Period 1 September 2026 – September 2027 Option Period 2 September 2027 – September 2028 Option Period 3 September 2028 – September 2029

9. ELIGIBLE OFFERORS: Open to all US Citizens and US Resident alien (green card holder).

10. SECURITY LEVEL REQUIRED: Facility Access.

11. STATEMENT OF DUTIES

BACKGROUND

USAID’s Democracy, Human Rights, and Governance (DRG) Bureau focuses on advocating for democratic governance, driving important research, and supporting over 90 field Missions worldwide to develop and implement DRG programs. USAID currently invests 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. The Bureau’s mission is to shape policy and development agendas, generate knowledge and evidence that drives innovation, catalyze partnerships and coalitions, and mobilize cutting-edge programs and technical assistance to enable USAID’s Missions and partners to accelerate democratic development globally. The DRG Bureau 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.

The DRG Bureau's annual budget is over $257 million, with a staff of over 180 comprised of U.S.

Direct Hires (USDHs), contractors, and Fellows. The DRG Bureau has one Center and eight Offices:

Anti-Corruption Center (ACC); Civil Society, Labor, and Media (CLM); Elections and Political Processes (EPP); Global Trends and Technology (GTT); Governance (GOV); Justice, Rights, and Security (JRS); Management and Cadre Support (MCS); Policy, Learning, and Integration (PLI); and the Program Office. The DRG Bureau'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 Evidence and Learning (E&L) Team sits in the PLI Office, which leads on and coordinates the Bureau’s engagement on USG-wide, Agency-wide, and sector-wide policies, strategies, and initiatives. The PLI Office advances the thoughtful integration of DRG and other sectors to promote democratic resilience in concert with other Agency goals. The PLI Office provides the global DRG staff access to high quality data, evidence, and learning – and supports staff to make use of these for activity design, procurement, implementation, learning, and evaluation. The PLI Office consists of six teams: Policy, Regional Coordination, Integration, Global Initiatives, Gender, and Evidence and Learning.

As a member of the E&L Team, the Evidence and Learning (E&L) Program Specialist manages the DRG Bureau's Learning, Evaluation and Research (LER III) contracts that have a combined capacity of approximately $60 million. With support from the E&L team’s learning and evaluation experts, the E&L Program Specialist manages activities with USAID practitioners in Washington and Mission to manage DRG learning initiatives, conduct impact and performance evaluations, advance measurement in the DRG sector, and commission research to understand the most effective approaches to DRG assistance. The E&L Program Specialist also supports E&L team members to facilitate learning communities of practice inside and outside of USAID and implement USAID’s DRG Learning Agenda, a dynamic collection of research questions that serve to guide the DRG Bureau’s and USAID field Missions’ analytical efforts.

DUTIES AND RESPONSIBILITIES

General - As part of the DRG/PLI/E&L Team, the Senior E&L Program Specialist leverages their considerable expertise in the DRG field to advise and support the development of appropriate and practical approaches to apply DRG evidence and learning. Working closely with evaluation and learning experts on the E&L Team, they provide technical direction on a range of DRG learning initiatives (reviews, evaluations, surveys, etc.) with a special focus and expertise on overseeing data collection and analysis by serving as Contracting Officer’s Representative (COR) or Agreement Officer’s Representative (AOR) on E&L Team mechanisms. This includes providing input on effective approaches to data collection for cutting-edge impact and performance evaluations, ensuring the resolution of challenges that may arise, and leading the process of analyzing research and evaluation findings in a way that draws out key findings and program recommendations for the benefit of practitioners.

The Senior E&L Program Specialist works with the Bureau’s Knowledge Management and Organizational Learning Advisor, the Senior Evidence Utilization Advisor, and other evaluation and learning specialists to advance knowledge management in USAID’s DRG sector. This includes ensuring USAID-generated learning is appropriately disseminated and incorporated into the DRG Bureau’s learning resources and helping practitioners identify and summarize available evidence and learning, as well as contributing to the development of functional and transparent knowledge management systems. Finally, the Senior E&L Program Specialist works with DRG Bureau training specialists and the E&L Team on developing, delivering, and overseeing high-quality DRG trainings. This includes work on E&L Team trainings and ensuring that available evidence is infused into training on the range of DRG sub-sectors.

The Senior E&L Program Specialist engages in other tasks and duties related to fulfilling the functions of the PLI Office and DRG Bureau. The Senior E&L Program Specialist supports Agency policy work, for example by incorporating evidence and learning into USAID policies and ensuring that DRG equities are captured in other sectoral policy documents. The Senior E&L Program Specialist also supports DRG Bureau efforts to advance Administration priorities and initiatives, including program development, external engagement, and interagency collaboration, among other tasks. The Senior E&L Program Specialist must be responsive to evolving Administration priorities that impact the DRG sector.

Supervisory Relationship - The Senior E&L Program Specialist will report to the E&L Team Lead or their designee. The Team Lead/designee and the incumbent will develop a work plan that includes responsibilities and deadlines. The incumbent will also work closely with other USAID operating units and leaders, including USAID Mission officials and contractors, and be accountable to them for the performance of high-quality work. While the Senior E&L Program Specialist will exercise independent judgment while performing work and will receive minimal technical direction, the Team Lead/designee will maintain continuous supervision.

Commitment to Diversity, Equity, Inclusion, and Accessibility (DEIA) - All members of the DRG Bureau workforce are measured on how they foster a climate of respect in interactions with others, value differing perspectives, and treat others in a fair, equitable, and culturally sensitive manner. All employees are expected to adhere to equal employment opportunity (EEO) policies and value diversity and inclusion in performing everyday duties and responsibilities.

Senior Evidence and learning Program Specialist duties at the GS-14 Equivalent Level

Specific duties include:

• Serve as COR/AOR for Evidence and Learning Team contracts and other learning mechanisms and initiatives, including the Learning, Evaluation, and Research (LER) contracts. As a

COR/AOR, the incumbent oversees the contractor’s work to stay on time and budget regarding research and evaluation taskings, while ensuring that research and evaluations conducted under the contract meet standards of excellence. The COR/AOR also monitors the contractors spending of obligated funds and confirms there is sufficient funding to carry out taskings.

o Promote the use of the LER III mechanisms for DRG evidence and learning and provide technical direction on the scoping of individual taskings with a particular focus on supporting rigorous data collection and analysis that leads to the development of actionable findings and recommendations.

o Maintain project management systems and files in accordance with USAID COR/AOR requirements. Liaise with the Contracting Officer (CO) to obtain necessary and timely approvals for contract continuation in accordance with USAID regulations.

o Actively coordinates with clients in USAID/Washington and overseas Missions who have requested the research.

o Identify and coordinate E&L staff with specific expertise who may serve as activity managers for specific taskings implemented under the contract.

o Serve as liaison between the E&L Team, its partners and client Missions, USAID/Washington regional and technical bureaus, and implementing partners to provide expert customer services and bridge differences that may arise between the practitioners and researchers.

o Coordinate with E&L Team experts in the design of learning products to ensure their alignment with USAID programming goals and quality objectives.

o Assist with drafting scopes of work, develop, and execute pre-learning workshops and forums to assure broad commitment to learning objectives. Assist with post-learning workshops and forums with stakeholders to plan for utilization of findings.

• Provide guidance on research design, data collection, utilization, and dissemination of DRG evidence generated under E&L mechanisms.

• Support E&L Team members, learning partners, and USAID Mission and technical teams to develop dissemination and utilization plans as part of their Monitoring, Evaluation and Learning (MEL) planning. Assist with MEL planning, drafting scopes of work, identification of relevant audience, the selection of dissemination tools and resources, the drafting and design of dissemination tools, including briefers, infographics, podcasts, etc.

• Working with other members of the E&L Team, contribute to internal and external knowledge management and curation of DRG evidence, including through the DRGLinks public-facing website.

• Contribute to Agency-wide and sectoral communities of practice to share new evidence and plan for dissemination and utilization in these areas.

• Support knowledge sharing between the academic community and USAID’s DRG cadre.

Maintain strong relationships with core professional associations and groups of applied researchers to identify emerging research of interest to the USAID DRG sector and potential researchers to support DRG learning initiatives. Foster trust and strong relationships with USAID implementing partners to encourage their participation in research and acceptance and utilization of research findings.

• Backstop one or more of the DRG Bureau’s technical teams or working groups, serving as a member of their extended team and their point of contact for all learning activities in their subsector. This may include serving on technical review committees or reviewing proposals related to learning, and incorporating partner activities into learning agendas, if appropriate.

• Backstop one or more USAID regional bureaus (and related Missions) to advance DRG learning activities. This includes establishing contact, learning their portfolio of related activities, and supporting the development and implementation of appropriate learning activities. Illustrative support activities include meetings and calls with field Missions and/or evaluators, TDYs to participate in evaluations or other learning activities, support for other strategic learning processes, participation in evaluation or research design, and conducting training on DRG learning activities. This could include multiple-week visits to USAID partner countries, including critical restricted environment countries such as Iraq, Pakistan, South Sudan, and others to assist Missions in various stages of their learning agendas, to train USAID, host government or implementing partner staff, and to contribute to strategy development and project design.

• If required, supervise a USPSC or ISC program assistant who will assist with program management and logistical support.

12. PHYSICAL DEMANDS

The work is generally sedentary and does not involve undue physical demands. If traveling overseas, the Senior E&L Program Specialist may be subject to elements of physical exertion including longer periods of standing, walking over rough terrain, or carrying moderately heavy items.

II. MINIMUM QUALIFICATIONS REQUIRED FOR THIS POSITION

Education/Experience Required:

At the GS-14 equivalent level the Senior E&L Program Specialist will have:

• A Ph.D., with five (5) years of experience, OR a M.A., J.D., or LLM, with seven (7) years of experience, OR a bachelor’s degree with 10 years of experience in: program and project management and monitoring, evaluation, and learning, related to the DRG and/or governance field. An advanced degree (Ph.D., M.A., J.D., or LLM) in a relevant subject is desired.

• Relevant field experience working with either/and the U.S. government, international organizations, donor development agencies, non-governmental organizations, private sector, academic organizations, or other agencies and processes involved in DRG issues.

• Experience working collaboratively and communicating effectively with assistance providers (donors) and local and international organizations preferred.

• Expert knowledge in an aspect of democracy, human rights, and governance assistance programming and approaches in USAID partner country contexts and/or with marginalized communities in other country contexts.

Additional Requirements:

• US Citizenship or US Resident Alien

• Ability to obtain a Facilities Access clearance as provided by USAID.

• Verification of academic credentials.

• Provide a complete offer, as described below.

III. EVALUATION AND SELECTION FACTORS

The Government may award a contract without discussions with Offerors in accordance with FAR 52.215-1. The 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. The FAR provisions referenced above are available at https://www.acquisition.gov/browse/index/far.

Quality Ranking Factors (QRFs): Total Pre-Interview Points = 100

1. Technical Expertise, including experience in designing, managing, and evaluating programming in democracy, human rights, and governance (DRG) subsectors (50 points)

a. Project management experience in the DRG Sector.

b. Experience managing rigorous monitoring, evaluation and learning activities, including impact evaluations, performance evaluations, and data-informed Collaborating, Learning and Adapting (CLA) processes.

c. Experience analyzing research and data to develop best practices to increase intervention effectiveness.

2. Communication (25 points)

a. Experience communicating with a broad range of audiences, using a variety of verbal and written communications techniques and tools.

b. Ability to quickly synthesize data for consumption.

3. Teamwork and Professionalism (25 points)

a. Experience working in and promoting multi-cultural and technical teams as both team lead and team member.

b. Ability to work collegially and diplomatically while maintaining technical rigor and timeliness.

c. Experience developing consensus in situations with diverse and opposing positions/opinions.

Quality Ranking Factors (QRFs): Total Interview Points = 100

Interviews may include both questions to clarify an Offeror’s educational and professional experience and standardized questions. The interview may also include a written test to evaluate the Offerors technical and communication skills. If tested, the Offeror will be asked to draft a one-page sample memo and/or present an analysis of a scenario on a defined learning and evaluation topic. The scenario specifics and a sample memo template will be provided to Offeror.

Interview points are added to pre-interview scores for a total of 200 possible points.

The relative weighting of evaluation factors at the interview stage is as follows:

1. Technical Expertise: 50 points

2. Communication: 25 points

3. Teamwork and Professionalism: 25 points

Reference Checks: Reference checks will be conducted for all Offerors that are Interviewed as part of final scoring that will determine the top ranked Offeror. Reference checks will be used to further clarify the Offeror’s relevant technical expertise, communications, and teamwork skills as outlined above, based on feedback from references the Offeror provides as well as independent / separate sources that USAID contacts for interviewed Offerors. USAID will specifically solicit feedback on the Offeror’s observed standards of honesty, integrity, trust, openness, and respect for the individual by applying these values to daily behaviors and interactions with past team members/work colleagues.

BASIS OF RATING:

Offerors will be first evaluated to determine they meet the minimum qualifications required for the position. Offerors who fail to meet the minimum qualifications will not be further evaluated.

USAID reserves the right to contact previous employers to verify employment history.

Offerors who clearly meet the minimum requirements will be further evaluated to determine the most highly rated Offeror(s), based on the evaluation and selection factors described herein.

Failure by the Offeror to specifically address the QRFs above may result in the Offeror not receiving credit for pertinent experience, education, training, and/or awards. Offers that are not most highly rated will not be further evaluated.

The most highly rated Offeror or Offerors may be invited to interview. References will be checked for all Offerors interviewed. USAID reserves the right to contact references from others who know the Offeror’s work in addition to the references provided by the Offeror.

Offers (written materials and interviews) will be evaluated based on content of and on the Offerors’ writing, presentation, and communication skill. Additionally, professional references will be incorporated into the Governments overall evaluation of an Offerors Technical Expertise, Communication, and Teamwork and Professionalism to determine the Offerors overall likelihood of successful performance.

IV. SUBMITTING AN OFFER

Offers must be received by the close date and time specified and submitted to the point of contract named in Section I. Offeror materials must clearly reference the Solicitation number and Offerors name on all submitted documents. Eligible Offerors must complete and submit:

1. The offer form AID 309-2, “Offeror Information for Personal Services Contracts with

Individuals,” available at http://www.usaid.gov/forms.

2. A complete resume. To fully evaluate your offer, your resume must include:

● Paid and non-paid experience, job title, locations(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.

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

● Names and contact information (phone and email) for your current and/or previous supervisor(s).

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

● U.S. Citizenship or US Resident Alien Status.

3. List of References: Offerors must submit three (3) professional references, who are not family members or relatives, who have knowledge of the Offeror’s ability to perform the duties set forth herein. At least one reference must be from a direct supervisor (current or prior).

Submitted references must include the following:

● Name of reference.

● Offeror’s relationship to the reference.

● Title of reference at current job.

● Reference current telephone number.

● Reference current email address.

4. Supplemental document specifically addressing each of the three evaluation factors stated in the solicitation. The supplemental document must:

● Address each of the Evaluation and Selection Factors.

● Describe specifically and accurately what experience, training, education and/or awards the Offeror has received that are relevant to each factor.

● Cite specific, illustrative examples for each factor.

● Contain no more than 500 words per factor. Any additional words above the 500-word limit will neither be read nor scored.

V. LIST OF REQUIRED FORMS PRIOR TO AWARD

In conformance with ADS 309.3.1.14, USAID will provide instructions about how to complete and submit the necessary forms after an offeror is selected for the contract award:

1. Forms related to Security and Access including:

a. Declaration for Federal Employment (OF-306)

b. Questionnaire for Sensitive Positions (for National Security) or Questionnaire for Non-

Sensitive Positions

c. Fingerprint Card

2. Employment Eligibility Verification (I-9 Form)

3. Medical History and Examination Form (Prior to TDY)

Note Regarding Unique Entity Identifier (UEI) and the System for Award Management (SAMs):

In accordance with FAR 4.1102 and ADS 309.3.1.13(b)(1), USPSCs must be registered in the SAMs prior to award. For general information about UEI numbers and SAM, please refer to FAR Clause 52.204-6 Unique Entity Identifier and FAR 52.204-7 System for Award Management. Registration for a UEI number and SAMS is free. Offerors who fail to comply with this requirement or Offerors e name appears as an excluded party will be disqualified for award.

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

(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), available at https://www.usaid.gov/ads/policy/300/aidar.

(a) Temporary Quarter Subsistence Allowance (Section 120)

(b) Living Quarters Allowance (Section 130)

(c) Cost-of-Living Allowance (Chapter 210)

(d) Post Allowance (Section 220)

(e) Separate Maintenance Allowance (Section 260)

(f) Education Allowance (Section 270)

(g) Education Travel (Section 280)

(h) Post Differential (Chapter 500)

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

(j) Danger Pay Allowance (Section 650)

VII. TAXES

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

VIII. USAID REGULATIONS, POLICIES AND CONTRACT CLAUSES PERTAINING TO PSCs

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

1. USAID Acquisition Regulation (AIDAR), Appendix D, “Direct USAID Contracts with a U.S. Citizen or a U.S. Resident Alien for Personal Services Abroad,” including contract clause “General Provisions,” available at https://www.usaid.gov/ads/policy/300/aidar.

2. Contract Cover Page form AID 309-1.

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: [e.g. R497] - Accounting Info: [insert one or more citation(s) from Phoenix/GLAAS]

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: [e.g. R497] - Accounting Info: [insert from Phoenix/GLAAS]

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

2001 Option Period 2 – Compensation, Fringe Benefits and Other Direct Costs (ODCs) - Award Type: Cost - Product Service Code: [e.g. R497] - Accounting Info: [insert from Phoenix/GLAAS]

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: [e.g. R497] - Accounting Info: [insert from Phoenix/GLAAS]

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

3. Acquisition and Assistance Policy Directives/Contract Information Bulletins (AAPDs/CIBs) for Personal Services Contracts with Individuals available at http://www.usaid.gov/work-usaid/aapds-cibs.

AIDAR 752.7013 CONTRACTOR MISSION RELATIONSHIPS (OCT 1989) [Deviation (June 2018)] (Deviation No. M-OAA-DEV-AIDAR-22-08c)

(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. This responsibility includes the Contractor ensuring that employees act in a manner consistent with the standards for United Nations (UN) employees in Section 3 of the UN Secretary-General’s Bulletin - Special Measures for Protection from Sexual Exploitation and Sexual Abuse (ST/SGB/2003/13).

(b) The Mission Director is the chief representative of USAID in the Cooperating Country. In this capacity, the Mission Director is responsible for both the total USAID program in the cooperating country including certain administrative responsibilities set forth in this contract, and for advising USAID regarding the performance of the work under the contract and its effect on the United States Foreign Assistance Program. Although the Contractor will be responsible for all professional, technical, and administrative details of the work called for by the contract, it must be under the guidance of the Mission Director in matters relating to foreign policy. The Chief of Party must keep the Mission Director currently informed of the progress of the work under the contract.

(c) If the Contractor determines that the conduct of any employee is not in accordance with the preceding paragraphs, the Contractor's Chief of Party must consult with the USAID contracting officer and the Mission Director and the employee involved and must recommend to the Contractor a course of action with regard to such employee.

(d) The parties recognize the rights of the U.S. Ambassador to direct the removal from a country of any U.S. citizen or the discharge from this contract of any individual (U.S., third-country, or cooperating country national) when, at the discretion of the Ambassador, the interests of the United States so require. Under these circumstances termination of an employee and replacement by an acceptable substitute must be at no cost to USAID.

(e) If it is determined, under paragraphs (c) and (d) above, that the services of such employee must be terminated, the Contractor must use its best efforts to cause the return of such employee to the United States or third country point of origin as appropriate.

(End of clause)

LIMITATION ON ACQUISITION OF INFORMATION TECHNOLOGY (APRIL 2018) (DEVIATION NOs.

M-OAA-DEV-FAR-22-03c and M-OAA-DEV-AIDAR-22-06c)

(a) Definitions. As used in this contract --

“Information Technology” means

(1) Any services or equipment, or interconnected system(s) or subsystem(s) of equipment, that are used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the agency; where

(2) Such services or equipment are ' used by an agency' if used by the agency directly or if used by a contractor under a contract with the agency that requires either use of the services or equipment or requires use of the services or equipment to a significant extent in the performance of a service or the furnishing of a product.

(3) The term " information technology" includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including provisioned services such as cloud computing and support services that support any point of the lifecycle of the equipment or service), and related resources.

(4) The term "information technology" does not include any equipment that is acquired by a contractor incidental to a contract that does not require use of the equipment.

(b) The Federal Information Technology Acquisition Reform Act (FITARA) requires Agency Chief Information Officer (CIO) review and approval of contracts that include information technology or information technology services.

(c) The Contractor must not acquire information technology as defined in this clause without the prior written approval by the contracting officer as specified in this clause.

(d) Request for Approval Requirements:

(1) If the Contractor determines that any information technology will be necessary to meet the Government’s requirements or to facilitate activities in the Government’s statement of work, the Contractor must request prior written approval from the Contracting Officer.

(2) As part of the request, the Contractor must provide the Contracting Officer a description and an estimate of the total cost of the information technology equipment, software, or services to be procured under this contract. The Contractor must simultaneously notify the Contracting Officer’s Representative (COR) and the Office of the Chief Information Office at ITAuthorization@usaid.gov.

(e) The Contracting Officer will provide written approval to the Contractor through modification to the contract expressly specifying the information technology equipment, software, or services approved for purchase by the COR and the Agency CIO. The Contracting Officer will include the applicable clauses and special contract requirements in the modification.

(f) Except as specified in the contracting officer’s written approval, the Government is not obligated to reimburse the Contractor for any costs incurred for information technology as defined in this clause.

(g) The Contractor must insert the substance of this clause, including this paragraph (g), in all subcontracts.

(End of Clause)

AIDAR 752.204-72 Access to USAID Facilities and USAID’s Information Systems (APRIL 2018) (DEVIATION NO. M-OAA-DEV-AIDAR-22-06c)

(a) HSPD-12 and Personal Identity Verification (PIV). Individuals engaged in the performance of this award as employees, consultants, or volunteers of the contractor must comply with all applicable Homeland Security Presidential Directive-12 (HSPD-12) and Personal Identity Verification (PIV) procedures, as described below, and any subsequent USAID or Government-wide HSPD-12 and PIV procedures/policies.

(b) A U.S. citizen or resident alien engaged in the performance of this award as an employee, consultant, or volunteer of a U.S firm may obtain access to USAID facilities or logical access to USAID's information systems only when and to the extent necessary to carry out this award and in accordance with this clause. The contractor's employees, consultants, or volunteers who are not U.S. citizens or resident aliens as well as employees, consultants, or volunteers of non-U.S. firms, irrespective of their citizenship, will not be granted logical access to U.S.

Government information technology systems (such as Phoenix, GLAAS, etc.) and must be escorted to use U.S. Government facilities (such as office space).

(c)

(1) No later than five business days after award, the Contractor must provide to the Contracting Officer’s Representative (COR) a complete list of employees that require access to USAID facilities or information systems.

(2) Before a contractor (or a contractor employee, consultant, or volunteer) or subcontractor at any tier may obtain a USAID ID (new or replacement) authorizing the individual routine access to USAID facilities in the United States, or logical access to USAID's information systems, the individual must provide two forms of identity source documents in original form to the Enrollment Office personnel when undergoing processing. One identity source document must be a valid Federal or State Government-issued picture ID. Contractors may contact the USAID Security Office to obtain the list of acceptable forms of documentation. Submission of these documents, to include documentation of security background investigations, is mandatory in order for the Contractor to receive a PIV/Facilities Access Card (FAC) card and be granted access to any of USAID's information systems. All such individuals must physically present these two source documents for identity proofing at their enrollment.

(d) The Contractor must send a staffing report to the COR by the fifth day of each month. The report must contain the listing of all staff members with access that separated or were hired under this contract in the past sixty (60) calendar days. This report must be submitted even if no separations or hiring occurred during the reporting period. Failure to submit the

‘Contractor Staffing Change Report’ each month may, at USAID’s discretion, result in the suspension of all logical access to USAID information systems and/or facilities access associated with this contract. USAID will establish the format for this report.

(e) Contractor employees are strictly prohibited from sharing logical access to USAID information systems and Sensitive Information. USAID will disable accounts and revoke logical access to USAID IT systems if Contractor employees share accounts.

(f) USAID, at its discretion, may suspend or terminate the access to any systems and/or facilities when a potential Information Security Incident or other electronic access violation, use, or misuse incident gives cause for such action. The suspension or termination may last until such time as USAID determines that the situation has been corrected or no longer exists.

(g) The Contractor must notify the COR and the USAID Service Desk at least five business days prior to the Contractor employee’s removal from the contract. For unplanned terminations of Contractor employees, the Contractor must immediately notify the COR and the USAID Service Desk (CIOHELPDESK@usaid.gov or (202) 712-1234). The Contractor or its Facilities Security Officer must return USAID PIV/FAC cards and remote authentication tokens issued to Contractor employees to the COR prior to departure of the employee or upon completion or termination of the contract, whichever occurs first.

(h) The contractor is required to insert this clause including this paragraph (h) in any subcontracts that require the subcontractor, subcontractor employee, or consultant to have routine physical access to USAID space or logical access to USAID's information systems.

(End of Clause)

4. Ethical Conduct.

By the acceptance of a USAID personal services contract as an individual, the contractor will be acknowledging receipt of the “Standards of Ethical Conduct for Employees of the Executive Branch,” available from the U.S. Office of Government Ethics, in accordance with General Provision 2 and 5 CFR 2635. See https://www.oge.gov/web/oge.nsf/resources_standards-of-conduct.

5. PSC Ombudsman

The PSC Ombudsman serves as a resource for any Personal Services Contractor who has entered into a contract with the United States Agency for International Development and is available to provide clarity on their specific contract with the agency. Please visit our page for additional information: https://www.usaid.gov/work-usaid/personal-service-contracts-ombudsman. The PSC Ombudsman may be contacted via: PSCOmbudsman@usaid.gov.

6. PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES

https://www.usaid.gov/work-usaid/personal-service-contracts-ombudsman

Subpart 52.2—Text of Provisions and Clauses

52.203-5 Covenant Against Contingent Fees. (MAY 2014)

(a) The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or to deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent fee.

(b) Bona fide agency, as used in this clause, means an established commercial or selling agency, maintained by a contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence.

Bona fide employee, as used in this clause, means a person, employed by a contractor and subject to the contractor's supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence.

Contingent fee, as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract.

Improper influence, as used in this clause, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter.

52.204-13 System for Award Management Maintenance. (OCT 2018)

(a) Definitions. As used in this clause-

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management (SAM) records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that-

(1) The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), the Commercial and Government Entity

(CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into SAM;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record "Active".

System for Award Management (SAM) means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes-

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12; and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b) If the solicitation for this contract contained the provision 52.204-7 with its Alternate I, and the Contractor was unable to register prior to award, the Contractor shall be registered in SAM within 30 days after award or before three days prior to submission of the first invoice, whichever occurs first.

(c) The Contractor shall maintain registration in SAM during contract performance and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement. The Contractor is responsible for the currency, accuracy and completeness of the data within SAM, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in SAM after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in SAM to ensure it is current, accurate and complete. Updating information in SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(d) (1)

(i) If a Contractor has legally changed its business name or "doing business as" name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to-

(A) Change the name in SAM;

(B) Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible

Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (d)(1)(i) of this clause, or fails to perform the agreement at paragraph (d)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in SAM. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the EFT clause of this contract.

(3) The Contractor shall ensure that the unique entity identifier is maintained with the entity designated at www.sam.gov for establishment of the unique entity identifier throughout the life of the contract. The Contractor shall communicate any change to the unique entity identifier to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the unique entity identifier does not necessarily require a novation be accomplished.

(e) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.sam.gov.

52.217-8 Option To Extend Services (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months.

The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

52.217-9 Option To Extend the Term of the Contract. (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within [insert the period of time within which the Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed [(months)(years)].

52.232-33 Payment by Electronic Funds Transfer - System for Award Management. (OCT 2018)

(a) Method of payment.

(1) All payments by the Government under this contract shall be made by electronic funds transfer (EFT), except as provided in paragraph (a)(2) of this clause. As used in this clause, the term "EFT" refers to the funds transfer and may also include the payment information transfer.

(2) In the event the Government is unable to release one or more payments by EFT, the Contractor agrees to either-

(i) Accept payment by check or some other mutually agreeable method of payment; or

(ii) Request the Government to extend the payment due date until such time as the

Government can make payment by EFT (but see paragraph (d) of this clause).

(b) Contractor's EFT information. The Government shall make payment to the Contractor using the EFT information contained in the System for Award Management (SAM). In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to SAM.

(c) Mechanisms for EFT payment. The Government may make payment by EFT through either the Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the Fedwire Transfer System. The rules governing Federal payments through the ACH are contained in 31 CFR part 210.

(d) Suspension of payment. If the Contractor's EFT information in SAM is incorrect, then the Government need not make payment to the Contractor under this contract until correct EFT information is entered into SAM; and any invoice or contract financing request shall be deemed not to be a proper invoice for the purpose of prompt payment under this contract.

The prompt payment terms of the contract regarding notice of an improper invoice and delays in accrual of interest penalties apply.

(e) Liability for uncompleted or erroneous transfers.

(1) If an uncompleted or erroneous transfer occurs because the Government used the Contractor's EFT information incorrectly, the Government remains responsible for -

(i) Making a correct payment;

(ii) Paying any prompt payment penalty due; and

(iii) Recovering any erroneously directed funds.

(2) If an uncompleted or erroneous transfer occurs because the Contractor's EFT information was incorrect, or was revised within 30 days of Government release of the EFT payment transaction instruction to the Federal Reserve System, and -

(i) If the funds are no longer under the control of the payment office, the Government is deemed to have made payment and the Contractor is responsible for recovery of any erroneously directed funds; or

(ii) If the funds remain…