2021 RLA GS15 Solicitation .docx.pdf

ATTACHMENT 1 SOLICITATION NUMBER: 72028021R00002

SOLICITATION NUMBER: 72028021R00002

ISSUANCE DATE: July 15, 2021

CLOSING DATE AND TIME: July 30, 2021, 5:00 PM, Frankfurt Time

SUBJECT: Solicitation for a U.S. Personal Service Contractor (USPSC) – Regional Legal Adviser (RLA), USAID/MERP; Two positions

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, Sean Hofmann Contracting Officer

I. GENERAL INFORMATION

1. SOLICITATION NO.: 72028021R00002

2. ISSUANCE DATE: July 15, 2021

3. CLOSING DATE AND TIME FOR RECEIPT OF OFFERS: July 30, 2021 before and/or on 5:00 PM (Frankfurt local time)

4. POINT OF CONTACT: John Ford at usaidmerpjobs@usaid.gov

5. POSITION TITLE: Regional Legal Adviser, two positions

6. MARKET VALUE: $110,460 – $143,598 equivalent to GS-15. Final compensation will be negotiated within the listed market value.

7. PERIOD OF PERFORMANCE: The period of performance will be on an intermittent (i.e. on call) basis starting o/a September 2021 for one (1) year, with an option to extend for an additional one year. The Contractor will provide up to a maximum of 120 work days (6 months) of service either at one time or multiple times within a total of one year time line.

The base period will be one (1) year, estimated to start in September 2021 or earlier if required clearances are obtained. Based on Agency need, the Contracting Officer may exercise one (1) additional option period for one (1) year for the dates estimated as follows:

Base Period: September 25, 2021 to September 24, Option Period 1 September 25, 2022 to September 24,

8. PLACE OF PERFORMANCE: Frankfurt, Germany, with possible travel as stated in the Statement of Duties.

9. ELIGIBLE OFFERORS: U.S. Citizens and lawful permanent U.S. residents (USNs).

10. SECURITY LEVEL REQUIRED: The final selected candidate must obtain both the appropriate security (Secret Level) and medical clearances within a reasonable period of time (USAID will provide details regarding these clearances to the selected candidate). If such clearance is not obtained within a reasonable time or negative suitability issues are involved, any offer made may be rescinded.

11. STATEMENT OF DUTIES

BACKGROUND

mailto:usaidmerpjobs@usaid.gov

The MERP Regional Legal Office, which consists of three FSO RLO positions, provides full legal support to priority, limited- and non-presence missions and operating units in the Middle West and North Africa regions including Lebanon, Iraq, Libya, Tunisia, Yemen, Morocco, West Bank and Gaza, and the START program, as well as to MERP and the Management Bureau’s Office of Support Operations. The need for three RLO positions at MERP is based on the very high demand for these services across the region and at MERP. Given the complex legal and policy framework and programming parameters for countries in the MENA region, Client OUs consistently require significant RLO support, including often at post, to handle time sensitive and urgent legal and policy issues.

1. General Statement of Purpose of Contract

The USPSC Regional Legal Adviser (RLA) serves as legal counsel to USAID/FSC for all matters of legal nature arising under the operation of USAID programs in the Middle East and North Africa including Libya, Tunisia, Morocco, Iraq, Northern Syria, Lebanon, and Yemen. The RLA's principal contacts are with the USAID/FSC Supervisory RLO, to whom he or she reports, USAID/FSC staff, Mission Directors and heads of operating units and their staffs, Ambassadors, and senior host country officials including the chief legal officers in various ministries. The RLA will perform legal services in accordance with policy guidance and professional advice from the General Counsel and Assistant General Counsel for the Middle East.

The RLA has broad latitude for exercising individual initiatives and making decisions with respect to all matters of a legal nature. The RLA's duties, described below, require frequent travel to USAID Missions and operations in the region serviced by USAID/FSC. The RLA will exercise independent professional judgement while under the direction of the Supervisory RLO, is expected to exercise good judgement in determining whether consultation with the General Counsel or Assistant General Counsel for the Middle East is advisable in a given instance, and is expected to consult them on matters of a truly unique, highly complex or politically sensitive nature.

2. Statement of Duties to be Performed

The Regional Legal Adviser serves as legal counsel in the Resident Legal Office (RLO) for the USAID Frankfurt Support Center (USAID/FSC), one of the busiest legal service providers in the Agency. The RLA provides legal services both to USAID/FSC's regional programs, as well as bilateral USAID Missions and operations supported by USAID/FSC.

1. Bilateral Agreements. The RLA will draft, negotiate, and interpret basic economic and technical assistance agreements.

2. Activity Planning and Design. The RLA will serve as a member of office committees or teams responsible for activity design in order to assure conformity with legislative, policy, regulatory and legal requirements of both the U.S. and the host government.

Contributions to activity design documentation will include assistance in preparation of activity approval documents, related action or information memoranda, financial and implementation plans, procurement schedules, waivers, environmental examinations, and assistance and pre-obligation checklists.

3. Implementation - Agreements. The RLA will draft and negotiate bilateral grant agreements and credit guarantee agreements for USAID missions in the region.

4. Activity Implementation - Life of Activity. Responsibilities at this stage of activity development include; reviewing internal office and team actions, clearing and drafting implementation letters, reviewing submissions in satisfaction of conditions precedent and advising on the legal aspects of credit guarantee and bilateral grant implementation. The latter responsibilities include the drafting and/or review of host country contracts, and analysis and approval actions in the legal and regulatory context.

5. General. The RLA keeps informed of proposed and new legislation and rules affecting USAID Missions and operations in the Region and furnishes information, advice and counsel concerning the legislation and rules. Advice is also provided to the USAID Missions and operations in the region on delegations of authority, policy directives, personnel questions, operating procedures and expenditures and professional ethics. The RLA reviews leases, purchase orders and other USAID documents. The RLA provides legal advice and assistance in connection with USAID's undertakings with other donor governments, private voluntary organizations, and international institutions.

6. Ethics Program. The RLA has responsibility for the ethics program at USAID/FSC and the USAID Missions and operations in the Region serviced by USAID/FSC, including designation of employees who file OGE-278 and OGE-450 financial disclosure forms, final review of OGE-450 and OGE-278 forms and filing same with GC/EA, ethics training of employees of said USAID missions and operations and providing advice and counsel to employees on ethics issues and concerns.

7. The RLA is expected to travel on TDY to all missions supported by the FSC, which could be up to 30%, to locations including USAID/Iraq, Libya, Tunisia, Morocco, Lebanon, Yemen (currently located in Saudi Arabia), and the START platform for Syria (currently located in Turkey).

8. The RLA will be expected to provide back-up coverage during the absences of other RLOs from post.

3. Supervisory Relationship

The RLA works under a general direction of the Senior RLO who outlines the desired results in broad terms and in terms of overall objectives. The Regional Legal Adviser will not have direct line-management responsibility over others.

4. Supervisory Controls

Under a very broad general direction of the Supervisory RLO, the Regional Legal Adviser will work with a high degree of independence and is expected to establish his/her own priorities, adhere to and meet established deadlines, and independently perform responsibilities and duties.

Possible alternative methods and procedures may be discussed, but the choice of those to be used is left to the discretion of the incumbent.

5. Other Significant Facts

Degree of responsibility for decision-making assigned to the position: The incumbent is expected to work with a high degree of independent judgment. The duties and responsibilities involve significant room for interpretation and the like, and for basic decisions on steps to take, but also in working with a number of high level U.S. Government officials in the region and in Washington. Performs under administrative discretion; work of outstanding difficulty which has demonstrated leadership and exceptional attainments; typically serves as highest-level decision maker in legal tasks assigned to him/her.

Knowledge level required: The incumbent is expected to have a mastery of the field of law as it applies to the developing world/post conflict or transition countries. He/she will be expected to make decisions, but more importantly, make recommendations and provide advice on policies that can have a significant impact in the various countries. The level of knowledge/experience stated is of an extended period – 10 years and with a higher level degree. Incumbent is expected to have a Juris Doctorate Degree in law or equivalent mastery of a very broad field of expertise.

Level of Complexity for Work Assignments: Duties are varied requiring not only an expert level of knowledge in the legal area, with significant experience, but also knowledge of related areas as well as the knowledge and experience needed to draft and negotiate bilateral grant agreements and review host country contracts and analysis and approval actions in the legal and regulatory context.

Scope and effect of the work performed: The incumbent is expected to draft, negotiate and interpret basic economic and technical assistance agreements and will draft and negotiate bilateral grant agreements and credit guarantee agreements for USAID missions in the region.

Guidelines for the required work, including reporting requirements: Guidelines include, but are not limited to, international law, conventions, and treaties, and USG and USAID-specific law and regulation, policy, and procedure, in addition to Mission-specific operating procedures, policies, and formats. Oral guidance from the USDH RLAs, including detailed instructions, when necessary, may be provided for unique assignments. The RLA will keep abreast of laws, regulations, and policies affecting USG and USAID policies, procedures, and operations, including programming policies, the Automated Directives System (ADS), Mission Orders, Mission Notices, USG Procurement regulations, and USAID and USG Program Strategy and Policy Documents.

Level and purpose of contacts: The Regional Legal Adviser must be able to develop and maintain contacts with all levels of staff in the Mission, and maintain an extensive range of mid- to senior-level contacts in the US Embassy, with other USG Agencies, and all Client Mission personnel, maintaining open lines of communication in support of USAID legal and policy issues;

to maintain regular communications to collect, obtain, and verify factual information; to monitor, evaluate, and resolve legal issues and existing activities on a regular basis; and to gather information needed for reporting information to the GC, Mission Management, and others. The purpose of contacts ranges from information gathering, to assisting in identifying and resolving complex legal and policy issues. Consultations are often for explaining and resolving legal and ethical issues, securing cooperation, resolving possible programmatic problems, obtaining or furnishing information, and persuading USAID staff and counterparts to take actions and accept recommendations.

12. PHYSICAL DEMANDS

The work requested does not involve undue physical demands. The primary location of work will be the MERP Office in Frankfurt, Germany with frequent travel to Client Missions, as the COVID19 conditions allow. Work in the office is expected to be mostly sedentary.

II. MINIMUM QUALIFICATIONS REQUIRED FOR THIS POSITION

The education and work experience factors below determine basic qualifications for the position.

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

1. Education: A Juris Doctorate degree in law or equivalent and be a member in good standing of a Bar of one of the States of the United States.

2. Prior Work Experience: A minimum of ten (10) years of progressively responsible professional working experience practicing law with at least 5 years of experience working in areas of federal appropriations law and/or USG contracts and grants and/or working with USG operations overseas.

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)

Applicants who meet the Education and Experience requirements will be further evaluated based on the three (3) Quality Ranking Factors listed below. The applicant will address each factor on a separate sheet describing specifically and accurately the experience, training, and/or education they have that is relevant to each factor. Please provide a word count after each response.

Experience (30 points)

(a) Prior overseas experience, especially in developing countries, and foreign language skills are required.

(b) Corporate, transactional, appropriations, and/or government contracts experience is highly desirable.

(c) Past work experience with legal reform, rule of law, anti-corruption, public sector transparency and accountability initiatives, capacity assistance to judicial branches of government, and legislation development activities is desired.

https://www.acquisition.gov/far/52.215-1 https://www.acquisition.gov/far/52.215-1 https://www.acquisition.gov/far/15.306 https://www.acquisition.gov/far/15.306 https://www.acquisition.gov/far/52.215-1 https://www.acquisition.gov/browse/index/far

Job Knowledge (40 points)

(a) A comprehensive knowledge of the concepts, principles, techniques, and practices in the area of law is required.

(b) Past work experience with and knowledge of taxation, labor law, contracts, and business and non-profit organizations, structures, and registration requirements is required.

(c) Knowledge of appropriate government and non-government entities is critical to successful performance in the position and is required.

Skills and Abilities (30 points)

(a) Demonstrated ability to analyze numerous facts and allegations, and determine their acceptability and completeness.

(b) Must have the ability to search for, locate, and develop information from a wide variety of sources.

(c) Ability to apply judgment and make decisions in determining liability.

(d) The RLA must have exceptional skill in oral and written expression to report all significant findings, negotiating ability, and effectiveness in personal contacts.

(e) Demonstrated ability to work in an international environment, cultural sensitivity and knowledge of U.S. government regulations and statutory framework are desired.

(f) Demonstrated ability to work well with a diverse range of clients and colleagues is required.

(g) The Legal Advisor must have the ability to obtain, analyze, and evaluate a variety of legal data, organize and present legal and technical information in concise written and oral form, identify, explain, and resolve important and complex legal issues independently, and furnish information and advice/counsel in assigned areas objectively.

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

Total Possible Points: 100

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

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

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

4. Letter of application/cover letter.

5. Current resume/CV.

http://www.usaid.gov/forms

6. Supplemental document specifically addressing the three QRFs (Experience, Skills and Abilities, and Knowledge).

7. List of minimum three (3) professional references with contact information (telephone numbers and e-mail addresses). The applicant’s references must be able to provide substantive information about his/her past performance and abilities.

8. Application must be submitted ONLY via usaidmerpjobs@usaid.gov and the email subject must say 72028021R00002; Regional Legal Adviser.

9. Late and incomplete applications will not be considered; the application must be submitted before or on the closing date.

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:

● Security Eligibility/Clearance ●Medical Clearances and Certifications

VI. BENEFITS/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, if eligible)

(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://aoprals.state.gov/content.asp?content_id=282&menu_id=101

(a) Living Quarters Allowance (Section 130)

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

(c) Post Allowance (Section 220)

(d) Separate Maintenance Allowance (Section 260)

(e) Education Allowance (Section 270)

(f) Education Travel (Section 280)

(g) Payments during Evacuation/Authorized Departure (Section 600) mailto:usaidmerpjobs@usaid.gov https://aoprals.state.gov/content.asp?content_id=282&menu_id=101

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/aidar.pdf

2. 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:

LINE ITEMS

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_

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

2. 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/Legal%20Research%20Search%20Collection?OpenForm.

3. 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.

https://www.usaid.gov/sites/default/files/documents/aidar.pdf https://www.usaid.gov/forms https://www.usaid.gov/work-usaid/aapds-cibs https://www.oge.gov/web/oge.nsf/Legal%20Research%20Search%20Collection?OpenForm

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.

END OF SOLICITATION

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