Solicitation 72051923R00009 USPSC RLO Resident Legal Advisor Extension of Closing Date.pdf

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Solicitation for Short-Term Resident Legal Advisor (RLA), GS-15, USAID/El Salvador
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Digitally signed by Andrew Reese Date: 2023.06.01 07:13:08 -06'00'

SOLICITATION No.: 72051923R00009 ISSUANCE DATE: May 18, 2023 CLOSING DATE/TIME: June 2, 2023, 5:00 pm (El Salvador/Local Time) NEW CLOSING DATE/TIME: June 16, 2023 5:00 pm (El Salvador/Local Time)

SUBJECT: EXTENSION OF CLOSING DATE

Solicitation for an U.S. Personal Services Contractor(USPSC)

Resident Legal Advisor (RLA), GS-15 Resident Legal Office, USAID/El Salvador, Central America

& Mexico (ES-CAM) Regional Mission

Dear Prospective Offerors:

The closing date for receipt of offers for subject solicitation has been extended through June 16, 2023, at 5:00 pm (El Salvador/Local Time).

Offers submitted in response to the previous advertisement under the same above referenced solicitation number do not need to re-submit; those offers will be considered.

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

Sincerely, Andrew Reese Regional Executive Officer

Digitally signed by Andrew Reese Date: 2023.06.01 07:14:43 -06'00'

SOLICITATION No.: 72051923R00009 ISSUANCE DATE: May 18, 2023 CLOSING DATE/TIME: June 2, 2023, 5:00 pm (El Salvador/Local Time) NEW CLOSING DATE/TIME: June 16, 2023, 5:00 pm (El Salvador/Local Time)

SUBJECT: Solicitation for an U.S. Personal Services Contractor (USPSC) Resident Legal Advisor (RLA), GS-15 Resident Legal Office, USAID/El Salvador, Central America & Mexico (ES-CAM) Regional Mission

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 the attached 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.

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 to the Point of Contact specified in Attachment 1.

Sincerely, Andrew Reese Regional Executive Officer

Digitally signed by Andrew Reese Date: 2023.05.17 21:41:29 -04'00'

Attachment No. 1

Solicitation No. 72051923R00009 Resident Legal Advisor (RLA)

Resident Legal Office, USAID/El Salvador, Central America & Mexico (ES-CAM) Regional Mission

I. GENERAL INFORMATION

1. SOLICITATION NUMBER: 72051923R00009

2. ISSUANCE DATE: May 18, 2023

3. CLOSING DATE/TIME FOR RECEIPT OF OFFERS: June 2, 2023 (5:00 pm El Salvador/Local Time) NEW CLOSING DATE/TIME FOR RECEIPT OF OFFERS: June 16, 2023 5:00 pm (El Salvador/Local Time)

4. POINT OF CONTACT: USAID/El Salvador, Executive Office/Procurement Email: sansalprocteam@usaid.gov

5. POSITION TITLE: Resident Legal Advisor (RLA) Resident Legal Office, USAID/El Salvador, Central America & Mexico (ES-CAM) Regional Mission

6. MARKET VALUE: $117,518 to $152,771 equivalent to GS-15.

Final compensation will be negotiated within the listed market value. Salaries over and above the top of the pay range will not be entertained or negotiated. USPSCs performing overseas are not entitle to Locality Pay.

7. PLACE OF PERFORMANCE: USAID/El Salvador, San Salvador, El Salvador.

Temporary duty travel as determined by the need of the agency.

Overseas USPSCs may be authorized to telework or remote work only from a location within the country of performance, in accordance with Mission Policy. Telework or remote work from outside the country of performance may only be authorized in certain situations in accordance with the terms and conditions of the contract.

8. PERIOD OF PERFORMANCE:

The base period will be one (6) months with the option to extend up to two (2) additional months subject to agency needs, estimated as follows:

Base Period: 6 months: o/a July 2023 to o/a December 2023

Option Period 1: Up to 2 months: o/a January 2024 – February 2024

9. ELIGIBLE OFFERORS: U.S. Citizens and Lawful U.S. Resident Aliens only.

10. CLEARANCES:

Security Clearance: The selected offeror must be able to obtain and maintain a Security Clearance at the “Facility Access” level.

Medical Clearance: Appropriate medical clearance from the Department of State (DS), Office of Medical Services.

If such clearances are not obtained within a reasonable time or negative suitability issues are involved, any offer may be rescinded.

Resident Legal Advisor (RLA)

Resident Legal Office, USAID/El Salvador, Central America & Mexico (ES-CAM) Regional Mission

11. STATEMENT OF DUTIES:

1. General Statement of Purpose of the Contract USAID is working with the government and people of El Salvador for a country that is more prosperous, safe and self-reliant so Salvadorans believe they can build a better life at home. The goal of the Mission’s Country Development Cooperation Strategy is to help El Salvador stem the flow of illegal migration to the United States by addressing the root causes that drive Salvadorans north. To achieve this goal, USAID will work to improve security in Salvadoran communities for people likely to migrate; increase jobs and incomes for likely migrants; and improve government responsiveness, accountability, and transparency. The RLA will provide legal and policy guidance to technical and support offices, as well as serve as an advisor to the Front Office, to help achieve the Mission’s strategic goal.

2. Statement of Duties to be Performed

a. Based in San Salvador, El Salvador, the Regional El Salvador Mission, covering Central America and Mexico, is the Agency's regional platform in Central America. The Resident Legal Office provides the full range of legal services and policy advice for bilateral and regional programs in El Salvador, as well as the bilateral missions in Honduras, Nicaragua, Mexico; the BHA Office in Costa Rica; as well as the non-presence countries (Panama and Belize, and which also includes Costa Rica) (known as “ES-CAM”). The Resident Legal Office consists of two USDH Resident Legal Officers (RLOs) and one Cooperating Country National Personal Services Contractor (CCNPSC) Administrative Assistant. However, one RLO will be transitioning out of the Mission as early as June 2023.

Consequently, the Mission seeks offers from qualified persons to provide personal services under contract, to serve as the RLA from on or about July 16, 2023 through on or about December 16, 2023.

Due to the robust portfolios across the region, which respond to numerous Presidential priorities and Administration initiatives, as well as thin Legal staffing across Central America and in Washington and given that El Salvador is the Regional Mission servicing ES-CAM, remote coverage from another mission is not an option to meet these critical Mission needs.

The position will also include periodic travel to client Missions and immediate and timely legal review of a variety of tasks throughout the ES-CAM region.

b. Examples of Mission-critical programmatic needs include the provision of legal services to USAID/El Salvador to seek solutions to existing implementation and programmatic challenges faced by implementing partners, due to changing country context amid democratic backsliding and a shifting political environment in El Salvador. The bilateral portfolio is centered around stemming the flow of irregular migration, a Biden Presidential priority and USAID Administrative priority.

The Legal Advisor will also provide services to USAID/Nicaragua which is a highly insecure and non-permissive environment which faces constant security challenges to program activities, implementing partners, beneficiaries and at times, potentially to mission staff. The USAID/Nicaragua implementation platform is largely located offshore. Moreover, USAID/Nicaragua does not have a Development Objective Grant Agreement and must obligate all funds directly into contracts and grants. In addition, the Legal Advisor will support the bilateral program at USAID/Mexico that manages a mid-sized portfolio covering environment, energy and democracy programming and support to independent media. Given Mexico’s political significance, USAID/Mexico operates in a broader interagency environment that requires consideration of a broader set of equities when developing and implementing programming. USAID/Mexico also does not have a Development Objective Grant Agreement with the Government of Mexico and

Resident Legal Advisor (RLA)

Resident Legal Office, USAID/El Salvador, Central America & Mexico (ES-CAM) Regional Mission thus must obligate its bilateral funding directly into Acquisition and Assistance, instruments for all activities, requiring USAID/Mexico staff to operate at a fast operational tempo. USAID/Honduras also serves numerous Presidential priorities and initiatives related to irregular migration.

USAID/Honduras receives substantial attention from Agency leadership and frequent high-level visitors, often taxing Mission staff. These and other Mission-critical programmatic needs require a USPSC Legal Advisor to serve in El Salvador until the permanent USDH post is filled, not to exceed six months.

c. The RLA will serve as a lawyer for USAID/El Salvador and reports to the Mission Director. The Legal Advisor will receive and share technical information and consult with the Junior RLO, as needed. The Legal Advisor is responsible for the full range of legal/regulatory concerns for all USAID-related matters, project and administrative, arising under U.S. law and/or the laws of El Salvador and the ES-CAM client-missions. The Legal Advisor serves as "counsel" to El Salvador and its client-Missions on all issues - legal and otherwise. The Legal Advisor establishes coherent, consistent policies, positions, and procedures for the Missions. The Legal Advisor also coordinates with other Resident Legal Officers in the region, in matters related to the region.

d. The technical and support responsibilities of the Legal Advisor include: (a) assistance in managing the Legal Office including training of Mission staff, (b) participation in conceptualization and design of strategies, activities and programs with focus on matters such as choice of programmodality, adherence to USAID legislative/regulatory/policy prohibitions and concerns, present and anticipated legislative interests, maintenance of financial accountability and competition, and consistency in USAID bilateral relationships in El Salvador and/or ES-CAM countries and other client-missions, (c) direct negotiations with senior host government officials on all law-related bilateral matters, project and administrative, including areas of political sensitivity, (d) assistance on legal matters related to activity implementation in all its aspects including negotiations with host-country personnel, contractors and grantees, (e) assisting the various missions’ Office Directors and their staff, as well as Embassy staff where appropriate, in the formulation of policy pertaining to the work of the relevant Mission, (f) providing ethics and other legal based training to mission staff and (g) developing and maintaining contacts with the outside legal community.

e. The Legal Advisor addresses the broadest range of cross-disciplinary subjects (e.g. economic, technical, managerial) as they relate to the design, implementation, and operation of USAID's assistance programs. The Legal Advisor resolves specific law-regulatory/policy concerns and also establishes program procedures/processes to address recurring problems, e.g. taxes, diplomatic/quasi- diplomatic status, country-specific country restrictions, host country contracts, Congressional interest, contract entitlement, etc. The RLO Office is the primary resource on law/regulatory compliance. The Legal Advisor will work closely with the Junior RLO and incoming Senior RLO and consult as needed on legal issues. The Legal Advisor will be the primary advisor on matters that fall within his/her assigned portfolio during the term of the contract.

f. The Legal Advisor advises on all matters of legal bilateral relations. The Legal Advisor drafts, negotiates, and interprets the underlying Economic and Technical Assistance Agreement (the Framework Bilateral Agreement) and drafts, negotiates, and interprets all activity/program agreements, and assesses host-country compliance with conditions and covenants. The Legal Advisor is also responsible for the interpretation of multi-donor commitments (where applicable), Agreements with Public International Organizations, MOUs, and comparable documents. On a broad basis, the Legal Advisor is expected to clear all significant documents for the Mission including Action Memoranda, host country contracts, concept papers (or

Resident Legal Advisor (RLA)

Resident Legal Office, USAID/El Salvador, Central America & Mexico (ES-CAM) Regional Mission comparable action instruments), diplomatic notes, waivers, leases, and environmental examinations. The Legal Advisor is a member of the Mission design teams and clears all strategies, concept papers, activity approval memoranda (AAMs), and comparable documents for the Mission. The Legal Advisor reviews and clears activity concepts and may assist in drafting AAMs or sections thereof. In those activities/programs with specific legal/regulatory content, the Legal Advisor participates in the substantive design of that aspect of the program. For all new activity designs (which fall into his/her portfolio), the Legal Advisor will review and clear from a legal perspective.

g. The Legal Advisor exercises his/her responsibility from San Salvador, El Salvador with periodic travel required to client-missions in Honduras, Mexico, Nicaragua, Costa Rica (the BHA Office, Embassy or IP Office, etc.), and potentially to Belize and Panama, as travel regulations allow. The Legal Advisor maintains close liaison with USAID/Washington on policy, Congressional and innovative legal issues, providing Mission positions and suggestions to AID/Washington as appropriate.

3. Supervisory Relationship and Controls The Legal Advisor will serve as the lawyer (referred to as the RLA) for USAID/El Salvador and report to Supervisory RLO, or in their absence, the Mission Director. The Legal Advisor will receive and share technical information and consult with the Junior RLO, as needed. The incumbent is expected to establish priorities, meet established deadlines, and perform responsibilities and duties with minimal guidance. The incumbent must be proactive, self-motivated, and self-directed.

The incumbent will act and make decisions with minimal direct supervisory input. The incumbent in this position has significant leeway in planning, managing operation, and developing activities/programs with specific legal/regulatory content to achieve development results. The supervisor only provides administrative direction in terms of broadly defined missions or functions.

In the absence of the Senior RLO and Junior RLO, supervision responsibility is contemplated for the administrative assistant for the Legal Advisor (FSN-7).

4. Position Elements Degree of responsibility for decision-making assigned to the position:

The incumbent will exercise independent judgment as an advisor to Mission management. The incumbent will provide expert policy and program guidance for programs and decision-making throughout the Mission and the Regional Mission’s client missions. The position will have responsibility to effectively communicate, coordinate and make sound informed recommendations. The work requires exceptional leadership ability and exceptional attainments.

Level of complexity of work assignments:

This is a highly complex position and, while information on Agency programs, goals and objectives, procedures and processes are established and commonly accepted, in some important respects they are not well defined or are controversial and untested, frequently requiring interpretation and modification. USG Statutory, interagency regulatory and Agency and Mission policies form the organizational guidelines for this position. The lack of guidelines may require the incumbent to search for innovative solutions not yet defined.

Knowledge level required:

Must have expert knowledge of the law and regulatory/policy concerns and development program procedures/processes related, but not limited, to taxes, diplomatic/quasi diplomatic status, Resident Legal Advisor (RLA)

Resident Legal Office, USAID/El Salvador, Central America & Mexico (ES-CAM) Regional Mission country-specific country restrictions, host country contracts, Congressional interest, contract entitlement, etc. The Legal Advisor is a resource and advisor on law/regulatory compliance and should have the knowledge to address the broadest range of cross-disciplinary subjects (e.g.

economic, technical, managerial) as they relate to design, implementation, and operation of USAID's assistance programs.

Guidelines:

The Legal Advisor addresses the broadest range of cross disciplinary subjects (e.g. economic, technical, managerial) as they relate to design, implementation and operation of USAID's assistance programs. The Legal Advisor resolves specific law-regulatory/policy concerns and also establishes program procedures/processes to address recurring problems, e.g. taxes, diplomatic/quasi diplomatic status, country specific country restrictions, host country contracts, Congressional interest, contract entitlement, etc. The Legal Advisor will serve as a resource and advisor on law/regulatory compliance.

Because of the scope of activities covered by the RLO office, there is a wide variety of law, regulations and policy that cover the various elements for both programmatic and management operations. The incumbent is required to exercise independent judgment and ingenuity in interpreting and developing policy and guidelines and in devising innovative approaches to resolving technical, administrative, managerial problems. Excellent judgment is essential to resolve problems that arise during the course of work for which there is often no clear or immediate solution. The incumbent will also be required to follow and adhere to USAID's Code of Ethics and Conduct.

Complexity of the work environment/effect on the position’s responsibilities:

This is a highly complex position and, while information on Agency programs, goals and objectives, procedures and processes are established and commonly accepted, in some important respects they are not well defined or are controversial and untested, frequently requiring interpretation and modification. USG Statutory, interagency regulatory and Agency and Mission policies form the organizational guidelines for this position. The lack of guidelines may require the incumbent to search for innovative solutions not yet defined.Moreover, given the political environment, unexpected developments may require rapid legal solutions.

Scope and effect of the work performed:

The Legal Advisor drafts, negotiates and interprets the underlying Development Objective Assistance Agreements (DOAGs), Economic and Technical Assistance Agreement (the Framework Bilateral Agreement) and drafts, negotiates and interprets all activity/program agreements, and assesses host-country compliance with conditions and covenants. The Legal Advisor is also responsible for interpretation of multi-donor commitments (where applicable), agreements with Public International Organizations, MOUs and comparable documents. On a broad basis, the Legal Advisor is expected to clear all significant documents for the Mission including Action Memoranda, host country contracts, concept papers (or comparable action instruments), diplomatic notes, waivers, leases and environmental examinations. The Legal Advisor is a member of the Mission design teams and clears all strategies, concept papers, AAMs, and comparable documents for the Mission. The Legal Advisor develops activity concepts and may draft AAMs or sections thereof. In those activities/programs with specific legal/regulatory content, the Legal Advisor participates in the substantive design of that aspect of the program. To the extent that legal based assistance programs are developed, the Legal Advisor is responsible for the design and implementation of such programs.

Resident Legal Advisor (RLA)

Resident Legal Office, USAID/El Salvador, Central America & Mexico (ES-CAM) Regional Mission

Level and purpose of contacts:

The Legal Advisor will formally represent the Agency and the Mission in working with contacts in both the public and private sectors. Contacts include, but are not limited to USAIDWashington staff at the highest level, including LAC Bureau leadership, USAID staff throughout the region at neighboring bilateral missions and at USAID/El Salvador, including all Mission Directors, Principal Officers of USAID partner organizations and other private-sector entities, host country officials up to the Minister level, and the Ambassadors and other USG staff in-country.

Contacts may take place in meetings, conferences, briefings, speeches, presentations, or oversight hearings and may require extemporaneous response to unexpected or hostile questioning.

Preparation typically includes briefing packages or similar presentation materials, requires extensive analytical input by the employee and subordinates, and/or involves the assistance of a support staff. The nature of the personal contacts in negotiating or coordinating program activities with high level government officials of countries across Central America, the U.S.

Embassy, USAID-funded contractors, international organizations, etc. is expansive and diverse.

The RLA is expected to motivate and influence counterparts and customers at the highest levels.

Authority to make commitments: Not applicable.

Travel requirements: Occasional TDYs to regional mission, as needed.

12. PHYSICAL DEMANDS:

The position does not involve undue physical demands.

II. MINIMUM QUALIFICATIONS REQUIRED FOR THIS POSITION

● Education: A Juris Doctor (J.D.) degree is required for this position. (Verification required upon request for transcripts and/or certificates).

● Language Proficiency: English (fluent/ILR Level 4 Equivalent) is required.

● Technical and Professional Experience: A minimum of 10 years of experience in providing legal advice and guidance to international donor organizations is required.

● Skills and Abilities:

▪ Outstanding analytical skills are required.

▪ Demonstrated excellence in oral and written communication.

▪ Excellent interpersonal and cross-cultural skills are required to assure the establishment and maintenance of relationships with organizational contacts and clients.

▪ Excellent customer service and teamwork skills.

● The ability to obtain the security level and medical clearances required for the position.

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

Resident Legal Advisor (RLA)

Resident Legal Office, USAID/El Salvador, Central America & Mexico (ES-CAM) Regional Mission 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.

Rating System The offeror rating system factors are used to determine the competitive ranking of qualified offerors. Offerors must demonstrate the rating factors outlined below within their resume, as they are evaluated strictly by the information provided. The rating factors are as follows:

● Education Language Proficiency: (Pass/Fail)

● Language Proficiency: (Pass/Fail)

● Technical and Professional Experience: (30 points)

● Skills and Abilities: (20 points)

● Interview: (50 points)

Offerors meeting the above required qualifications for the position will be evaluated based on information presented in the offer. USAID reserves the right to conduct interviews and reference checks with the top ranked short-listed offerors. Reference checks will be conducted and will be considered as part of the responsibility determination.

At the end of the process, only the Offerors who are invited for an interview will be notified of the TEC final selection.

IV. SUBMITTING AN OFFER

All of the following must be included in the offer package in order for the package to be considered complete:

1. A signed cover letter of no more than 3 pages that demonstrates how the Offeror’s qualifications meet the work requirements.

2. A Curriculum Vitae which must contain sufficient and clearly identified information to make a valid determination that you fully meet the experience requirements as stated in this solicitation. Failure to provide information sufficient to determine your qualifications for the position will result in loss of full consideration.

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

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

c) Education and any other qualifications including job-related training courses, job-related skills, or job-related honors, awards, or accomplishments. Failure to identify an academic discipline will result in disqualification.

Resident Legal Advisor (RLA)

Resident Legal Office, USAID/El Salvador, Central America & Mexico (ES-CAM) Regional Mission

3. A completed and signed offer form, AID 309-2 (Offeror Information for Personal Services Contracts with Individuals), which can be found at the following website, https://www.usaid.gov/forms.

4. Names, current and accurate phone numbers, and email addresses of three professional references that have knowledge of the Offeror’s abilities to perform the duties set forth in the solicitation. USAID reserves the right to contact all references. USAID also reserves the right to develop its own references.

5. A signed written statement certifying the date and length of time for which the Offeror is available for the position.

6. To ensure consideration of offers for the intended position, Offeror submissions must clearly reference the Solicitation number on all offeror submitted documents.

7. Offer submissions must be received electronically by the closing date and time specified in Section I, Item 3 and submitted to the Point of Contact in Section I, Item 4.

V. LIST OF REQUIRED FORMS PRIOR TO AWARD

The CO will provide instructions about how to complete and submit the appropriate forms after an offeror is selected for the contract 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 (if applicable)

(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 (If 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) 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)

Resident Legal Advisor (RLA)

Resident Legal Office, USAID/El Salvador, Central America & Mexico (ES-CAM) Regional Mission

(j) Danger Pay (Section 650)

NOTE: Family members of USPSC's seeking employment in the local economy overseas need to be aware of the work permit regulations in the host country. If a country does not have a bi-lateral work agreement with the U.S. Government, USPSCs must seek Chief of Mission and Contracting Office approval to seek employment in the local economy; approval is not guaranteed.

An offeror meeting the definition of a Resident Hire is not eligible for any fringe benefits, differentials, or allowances; and are only eligible for contributions for FICA, Medicare, health insurance, and life insurance.

Resident Hire U.S. Personal Services Contractor (USPSC)” means a U.S. citizen or resident alien who, at the time of contract award, – (i) resides in the cooperating country for reasons other than U.S. Government or non-U.S. government employment, or under any contract or other arrangement, that provides for repatriation to the U.S; or (ii) is a spouse or dependent of a U.S.

citizen or resident alien who resides or will reside, in the cooperating country for the purpose of U.S. government or non-U.S. government employment, or under any contract or other arrangement that provides repatriation to the U.S.

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 available at https://www.usaid.gov/forms.

Pricing by line item is to be determined upon contract award as described by the illustrative table (no information required for offer submission):

ITEM

NO

(A)

SUPPLIES/SERVICES (DESCRIPTION) (B) QUANTITY

(C)

UNIT

(D)

UNIT

PRICE

(E)

AMOUNT

(F)

Resident Legal Advisor (RLA)

Resident Legal Office, USAID/El Salvador, Central America & Mexico (ES-CAM) Regional Mission

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

- Award Type: Cost

- Product Service Code: R497

- Accounting Info: TBD

6 months 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

2 months 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 https://www.usaid.gov/partner-with-us/aapds-cibs.

4. Ethical Conduct. By the acceptance of a USAID personal services contract as an individual, the contractor will be acknowledging receipt of the “Standards of Ethical Conduct for Employees of the Executive Branch,” available from the U.S. Office of Government Ethics, in accordance with General Provision 2 and 5 CFR 2635.

See https://www.oge.gov/web/oge.nsf/OGE%20Regulations.

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

*** END OF SOLICITATION ***

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