Amended SOL HPA 720BHA21R00091.pdf

Amendment No. 01

Date: 10/20/2022

Solicitation Number: 720BHA21R00091

Issuance Date: 02/03/2022

Closing Date and Time: 11/02/2022 12:00 P.M. Eastern Time

Dear Prospective Offerors, The Bureau for Humanitarian Assistance (BHA) has amended this solicitation with the following updates:

● Apply the revisions to the solicitation template.

Sincerely

Sonja Stroud-Gooden

Contracting Officer

Digitally signed by

SONJA PATRICE

STROUD (affiliate) Date: 2022.10.25 08:36:51 -04'00'

U.S. Agency for International Development 1300 Pennsylvania Avenue, NW Washington, DC 20523 www.usaid.gov

SOLICITATION NUMBER: 720BHA21R00091

ISSUANCE DATE: February 3, 2022

CLOSING DATE AND TIME: November 2, 2022, 12:00 P.M. Eastern Time

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

Dear Prospective Offerors:

The United States Government (USG), 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.

USAID will evaluate all offerors based on 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 Attachment 1.

Sincerely, Sonja Stroud-Gooden

Contracting Officer

Digitally signed by

SONJA PATRICE

STROUD (affiliate) Date: 2022.10.25 08:37:49 -04'00'

720BHA21R00091

2 | Page

I. GENERAL INFORMATION

1. SOLICITATION NO.: 720BHA21R00091

2. ISSUANCE DATE: February 3, 2022

3. CLOSING DATE AND TIME FOR RECEIPT OF OFFERS: November 2, 2022, 12:00

P.M. Eastern Time

This solicitation is open and continuous until October 26, 2022. The following are the closing dates for each review period:

February 25, 2022, 12:00 P.M. Eastern Time

June 2, 2022, 12:00 P.M. Eastern Time

November 2, 2022, 12:00 P.M. Eastern Time

Offerors not selected during a previous review period must reapply in order to be considered for positions available in subsequent review periods. A review period may be canceled at the

CO’s discretion.

4. POINT OF CONTACT: TPQ Recruitment Team, BHA.TPQRecruitment@usaid.gov

5. POSITION TITLE: Humanitarian Protection Advisor (Multiple Positions)

6. MARKET VALUE: $106,823 - $138,868 equivalent to GS-13 (includes 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, or the approved alternative worksite if approved for remote work. USPSCs performing overseas are not entitled to Locality Pay.

Salaries over and above the top of the pay range will not be entertained or negotiated.

If the position is for a Washington based PSC, offerors who live outside the Washington, D.C.

area will be considered for employment, but no relocation expenses will be reimbursed.

7. PLACE OF PERFORMANCE: USAID/Washington

Relocation expenses will not be reimbursed for U.S.-based positions.

8. PERIOD OF PERFORMANCE: Five (5) years, tentatively 145 day estimated start date from closing

9. ELIGIBLE OFFERORS: U.S. Citizens Only

10. SECURITY LEVEL REQUIRED: Secret

3 | Page

(If there is a change in circumstances requiring access to National Security information classified at the Top-Secret level, the offeror may be asked to obtain and maintain up to Top

Secret/Sensitive Compartmented Information level clearance as provided by USAID.)

11. STATEMENT OF DUTIES

GENERAL STATEMENT OF PURPOSE OF THE CONTRACT

The Bureau for Humanitarian Assistance (BHA) requires the services of a Humanitarian Protection

Advisor based in the Protection Team to enhance its capability to ensure humanitarian protection principles and best practices incorporated throughout BHA’s responses and the programs its funds.

The Humanitarian Protection Advisor will accomplish this by providing expert technical guidance on humanitarian protection programming and issues, representing the team in external and interagency for a, and providing leadership and support on the policy reporting requirements of the Protection Team. The Humanitarian Protection Advisor will provide specific guidance on issues including gender-based violence (GBV) prevention and response, child protection (CP), psychosocial support (PSS), mine action, and/or housing, land, and property rights, to ensure that humanitarian protection principles and practices are communicated effectively and incorporated into policies throughout USAID, the interagency, and the donor community. The Humanitarian

Protection Advisor will be a full-time permanent staff member dedicated to the Protection Team based in Washington, D.C.

STATEMENT OF DUTIES TO BE PERFORMED

● Serve as an expert source of information and analysis of humanitarian protection issues for

BHA. Provide expert technical recommendations on all issues related to humanitarian protection, particularly GBV prevention and response, CP, PSS, and general protection.

● Serve as the primary Humanitarian Protection Advisor on-call for the Response Unit readiness roster.

● Help coordinate with BHA Policy and regional teams on development and implementation of articulate policies, positions, and communications materials on protection issues for

BHA and USAID in general.

● Prepare TPQ senior management and BHA senior leadership, when necessary, to speak on protection issues before United Nations (UN) bodies, non-governmental organizations

(NGOs), Congress, other parts of the USG, and media.

● Develop and maintain cooperative working relationships with UN agencies, NGOs, coordination bodies, and relevant USG offices.

● Respond to relevant congressional and public inquiries and speak to various visiting groups about protection issues impacting crisis-affected populations.

● Represent BHA’s progress on protection issues in written and oral presentations through participation in weekly and monthly protection technical working groups related to USG and USAID policies and commitments on protection.

● Serve as the primary point of contact to address regular reporting demands for the

Protection Team as well as in support of the Division.

4 | Page

● Coordinate division-wide input to all taskers received by the Protection team, including refining technical input from sub-sector specialists to adhere to the USAID and USG style guides and reflect latest leadership guidance on key policies.

● Coordinate with BHA colleagues to develop internal protection policies, strategies, and program standards.

● Articulate relevant protection policies to personnel within BHA, USAID, and to other USG agencies, donors, and implementing partners by participating in conferences, speaking engagements, global cluster meetings, and field visits.

● Coordinate with the State Department’s Bureau for Population, Refugees and Migration regarding the development of strategies addressing protection of disaster-affected populations, particularly GBV, Mental Health and PSS, and CP.

● Increase the capacity of BHA staff to understand protection principles, best practices and international humanitarian law related to protection, Protection from Sexual Exploitation and Abuse (PSEA), other cross cutting issues, and appropriate humanitarian protection interventions through contributing to the BHA protection training.

● Deliver portions of the humanitarian protection training.

● Contribute to the periodic revision of the training curriculum.

General Duties:

● As needed and within USAID guidelines, travel to monitor the program portfolio, to participate in strategy development, and to assist in office coverage.

● Sign up for and serve as needed on Washington-based Response Management Teams

(RMTs), which provide services and support to Disaster Assistance Response Teams

(DARTs) deployed in response to disasters. The duties on RMTs will vary.

● As needed, serve on DARTs which may require immediate (within 24 hours) deployment overseas for an extended period of time. During deployment on DARTs (if required), and during site visits, there may be some additional physical exertion including long periods of standing, walking over rough terrain, or carrying of moderately heavy items (less than 50 pounds). Work is primarily performed in an office setting. During deployment on DARTs

(if required), and during site visits, the work may additionally involve special safety and/or security precautions, wearing of protective equipment, and exposure to severe weather conditions.

● As needed, may serve on temporary detail within the Bureau to meet operational needs during staff shortages. Duties performed while on detail will be aligned with the Team’s existing duties and responsibilities and will be directly related to the scope of work provided.

● Become certified and serve as an Agreement Officer’s Representative/Contracting

Officer’s Representative (AOR/COR), as assigned. The AOR/COR provides financial and programmatic oversight of all aspects of managing the agreement or contract; this includes but is not limited to reviewing invoices, requests for approvals, program/project deliverables (i.e. work plans, annual reports, month status reports), travel requests, key personnel requests, and financial/budget reports. They are responsible for drafting and submitting the annual contractor performance evaluation in Contract/Assistance

Performance Assessment Review System. They prepare and review contract/assistance modifications documentation and assist the Contracting/Agreement Officer to ensure

5 | Page performance is compliant with the terms and conditions of the contract/agreement, the

FAR, and USAID policy. AOR/CORs are responsible for all related requirements set forth in the COR designation letter and the AOR designation letter.

SUPERVISORY RELATIONSHIP:

The USPSC will take direction from and will report to the Protection Team Lead or their designee.

SUPERVISORY CONTROLS:

Supervisor sets overall objectives and resources available; the USPSC consults with the supervisor to develop deadlines, projects, and work to be done. The USPSC is responsible for planning and carrying out assignments. The USPSC is responsible for planning approaches or methodology to be used in carrying out assignments.

12. PHYSICAL DEMANDS

The work requested does not involve undue physical demands.

II. MINIMUM QUALIFICATIONS REQUIRED FOR THIS POSITION

EDUCATION/EXPERIENCE REQUIRED FOR THIS POSITION

(Determines basic eligibility for the position. Offerors who do not meet all of the education and experience factors are considered NOT qualified for the position.)

Bachelor’s degree with significant study in or pertinent to the specialized field, including but not limited to: social services, international relations, human rights, humanitarian affairs, public health, gender studies, disaster management, or a related field plus a minimum of five (5) years of experience working on humanitarian protection, gender, Accountability to Affected Populations

(AAP), PSEA, CP, GBV prevention and response, or PSS. Two (2) years of the relevant experience must be directly related to advising, assessing, designing, monitoring, managing, implementing, or evaluating protection, CP, GBV, and PSS programming in fragile or disaster-affected contexts.

OR

Master’s degree with significant study in or pertinent to the specialized field, including but not limited to: social services, international relations, human rights, humanitarian affairs, public health, gender studies, disaster management, or a related field plus a minimum of three (3) years of experience working on humanitarian protection, gender, AAP, PSEA, CP, GBV prevention and response, and PSS issues. One (1) year of the relevant experience must be directly related to advising, assessing, designing, monitoring, managing, implementing, or evaluating protection, CP, GBV prevention and response, and PSS programming in fragile or disaster-affected contexts.

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

6 | Page range of offerors with whom negotiations will be conducted pursuant to FAR 15.306(c). In accordance with FAR 52.215-1, if the CO determines that the number of offers that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the CO may limit the number of offerors in the competitive range to the greatest number that will permit an efficient competition among the most highly rated offers. FAR provisions of this solicitation are available at https://www.acquisition.gov/browse/index/far.

The technical evaluation committee may conduct reference checks, including references from individuals who have not been specifically identified by the offeror, and may do so before or after a candidate is interviewed.

SELECTION FACTORS

(Determines basic eligibility for the position. Offerors who do not meet all of the selection factors are considered NOT qualified for the position.)

● Offeror is a U.S. Citizen.

● Complete resume submitted. See Section IV for resume requirements. Experience that cannot be quantified will not be counted towards meeting the solicitation requirements.

● USPSC Offeror form AID 309-2. Offerors are required to complete sections A through I.

This form must be physically signed. Electronic signatures may be accepted.

● Ability to obtain and maintain a secret level clearance. (If there is a change in circumstances requiring access to National Security information classified at the Top-Secret level, the offeror may be asked to obtain and maintain up to Top Secret/Sensitive Compartmented

Information level clearance as provided by USAID.)

● Ability to obtain and maintain a Department of State medical clearance throughout the contract.

● Must not appear as an excluded party in the System for Award Management (SAM.gov).

● Satisfactory verification of academic credentials.

OFFEROR RATING SYSTEM

The offeror rating system factors are used to determine the competitive ranking of qualified offerors in comparison to other offerors. Offerors must demonstrate the rating factors outlined below within their resume, as they are evaluated strictly by the information provided. The evaluation of writing tests will also take into consideration the quality of written responses.

Aspects of written responses including, but not limited to typos, grammatical errors, spelling errors, and incomplete sentences will be factored into the evaluation process. The rating factors are as follows:

Matrix (15 points)

Professional Experience (9 points)

● Field experience in at least one of the following areas: advising, assessing, designing, managing programs in humanitarian protection, CP, prevention and response to GBV, or

PSS in a humanitarian response. (3 points)

7 | Page

● Experience in policy or advocacy related to humanitarian protection issues. (3 points)

● Experience representing an organization in humanitarian coordinating units or bodies or at meetings with high-ranking officials at the national or international levels in at least one of the following areas: humanitarian protection, CP, prevention and response to GBV, or PSS.

(3 points)

Communication (4 points)

● Experience communicating complex or sensitive protection-related issues both written and oral to internal or external stakeholders. (4 points)

Teamwork (2 points)

● Experience working with teams in a high stress or constrained environment (1 point)

● Experience working on a humanitarian team. (1 point)

Interview Performance (50 points)

Timed Writing Test (15 points)

Satisfactory Professional Reference Checks (20 points)

Total Possible Points: 100

BASIS OF RATING: Offerors who meet the Education/Experience requirements and Selection

Factors will be further evaluated in accordance with the Offeror Rating System. Those offerors determined to be competitively ranked may also be evaluated on interview performance and satisfactory professional reference checks.

Offerors are required to address each factor of the Offeror Rating System in their resume, describing specifically and accurately what experience, training, education and/or awards they have received as it pertains to each factor. Be sure to include your name and the announcement number at the top of each additional page. Failure to address the selection factors and/or Offeror

Rating System factors may result in not receiving credit for all pertinent experience, education, training and/or awards.

The most qualified offerors may be interviewed and required to provide a writing sample. BHA will not pay for any expenses associated with the interviews. Professional references and academic credentials will be evaluated for offerors being considered for selection.

Note: Please be advised that references may be obtained independently from other sources in addition to the ones provided by an offeror. BHA reserves the right to select additional offerors if vacancies become available during the future phase of the selection process.

IV. SUBMITTING AN OFFER

1. Eligible Offerors are required to complete and submit the offer form AID 309-2, “Offeror Information for Personal Services Contracts with Individuals,” available at http://www.usaid.gov/forms.

8 | Page

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. Complete resume. In order to fully evaluate your offer, your resume must include:

(a) Paid and non-paid experience, job title, location(s), dates held (month/year), and hours worked per week for each position. Dates (month/year) and locations for all 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.

(d) U.S. Citizenship

(e) Optional: How did you hear about this opportunity? (SAM.gov, BHA Jobs, Career Fair, etc.).

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

Additional documents submitted will not be accepted.

By submitting your offer materials, you certify that all of the information on and attached to the offer is true, correct, complete, and made in good faith. You agree to allow all information on and attached to the offer to be investigated. False or fraudulent information on or attached to your offer may result in you being eliminated from consideration for this position, or being terminated after award, and may be punishable by fine or imprisonment.

To ensure consideration of offers for the intended position, please reference the solicitation number on your offer, and as the subject line in any email.

5. Ensure Adequate COVID-19 Safety Protocols for Federal Contractors - Please be advised that upon award, the contractor will be required to show proof that the contractor is fully vaccinated against COVID-19 on or before the first date of onboarding, or submit an approved reasonable accommodation to the CO. If the contractor does not meet this requirement the contract may be terminated.* USPSCs/TCNPSCs performing overseas must follow the Mission policies and/or directives from the U.S. Department of State regarding COVID-19 requirements.

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

Section VIII below.

6. NOTE: If the full security application package is not submitted within 30 days after the

Office of Security determines eligibility, the offer may be rescinded. If a Secret security clearance is not obtained within nine months after offer acceptance, the offer may be

9 | Page rescinded. If Top Secret is required, and clearance is not obtained within nine months after award, USAID may terminate the contract at the convenience of the government. If

Sensitive Compartmented Information (SCI) access is not obtained within nine months after Top Secret clearance is granted, USAID may terminate the contract at the convenience of the government.

7. NOTE: If the full medical clearance package is not submitted within two months after offer acceptance, the offer may be rescinded. If a Department of State medical clearance is not obtained; the offer may be rescinded.

8. NOTE REGARDING GOVERNMENT OBLIGATIONS FOR THIS

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

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.

Forms outlined below can be found at:

http://www.usaid.gov/forms/ or at http://www.forms.gov/bgfPortal/main.do

1. Resume.

2. USPSC Offeror Form (AID 309-2)

3. Medical History and Examination Form (DS-6561). **

4. Questionnaire for Sensitive Positions (for National Security) (SF-86), or **

5. Questionnaire for Non-Sensitive Positions (SF-85). **

6. Finger Print Card (FD-258). **

7. Employment Eligibility Verification (I-9 Form). **

** Forms 3 through 7 shall be completed ONLY upon the advice of the Contracting Officer that an offeror is the successful candidate for the job.

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) Leave and Holidays

10 | Page

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) Temporary Lodging Allowance (Section 120).

(b) Living Quarters Allowance (Section 130).

(c) Post Allowance (Section 220).

(d) Supplemental Post Allowance (Section 230).

(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 (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. PART 52 - SOLICITATION PROVISIONS AND CONTRACT CLAUSES

Subpart 52.2 - Text of Provisions and Clauses

52.223-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL

CONTRACTORS, Alternate 70.

ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL

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

(a) Definition. As used in this clause -

United States or its outlying areas means—

(1) The fifty States;

11 | Page

(2) The District of Columbia;

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

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

(5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston

Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll.

(b) Authority. This clause implements Executive Order 14042, Ensuring Adequate COVID

Safety Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal

Register on September 14, 2021, 86 FR 50985).

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

(End of Clause)

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

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

3. Contract Cover Page form AID 309-1 available at https://www.usaid.gov/forms .

Pricing by line item is to be determined upon contract award as described below:

LINE ITEMS

ITEM NO

(A)

SUPPLIES/SERVICES (DESCRIPTION)

(B)

QUANTITY

(C)

UNIT

(D)

UNIT

PRICE

(E)

AMOUNT

(F)

0001 Base Year 1 - Compensation, Fringe Benefits and Other Direct Costs (ODCs)

- Award Type: Cost

- Product Service Code: 497

- Accounting Info: [Insert from Phoenix]

1 LOT $ TBD $_TBD at

Award after negotiations with

Contractor

0002 Base Year 2 - Compensation, Fringe Benefits and Other Direct Costs (ODCs)

- Award Type: Cost

- Product Service Code: 497

- Accounting Info: [Insert from Phoenix]

1 LOT $ TBD $_TBD at

Award after negotiations with

Contractor

12 | Page

0003 Base Year 3 - Compensation, Fringe Benefits and Other Direct Costs (ODCs)

- Award Type: Cost

- Product Service Code: 497

- Accounting Info: [Insert from Phoenix]

1 LOT $ TBD $_TBD at

Award after negotiations with

Contractor

0004 Base Year 4 - Compensation, Fringe Benefits and Other Direct Costs (ODCs)

- Award Type: Cost

- Product Service Code: 497

- Accounting Info: [Insert from Phoenix]

1 LOT $ TBD $_TBD at

Award after negotiations with

Contractor

0005 Base Year 5 - Compensation, Fringe Benefits and Other Direct Costs (ODCs)

- Award Type: Cost

- Product Service Code: 497

- Accounting Info: [Insert from Phoenix]

1 LOT $ TBD $_TBD at

Award after negotiations with

Contractor

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

AAPD 06-10 – PSC Medical Expense Payment Responsibility

AAPD No. 06-10 is hereby incorporated as Appendix 1 to the solicitation.

AAPD 21-05 – Revised and Expanded Fringe Benefits for U.S. Personal Services

Contractors

AAPD No. 21-05 is hereby incorporated as Appendix 2 to the solicitation.

FAR 52.222-50 – Revised Combating Trafficking in Persons

FAR Clause 52.222-50 is hereby incorporated as Appendix 3 to the solicitation.

5. 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.

6. 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-services-contracts-ombudsman

The PSC Ombudsman may be contacted via: PSCOmbudsman@usaid.gov

13 | Page

APPENDIX 1

USPSC PROVISION “MEDICAL EXPENSE PAYMENT RESPONSIBILITY (OCTOBER

2006)

MEDICAL EXPENSE PAYMENT RESPONSIBILITY (OCTOBER 2006)

(a) Definitions. Terms used in this General Provision are defined in 16 FAM 116 (available at http://www.foia.state.gov/REGS/fams.asp?level=2&id=59&fam=0). Note: personal services contractors are not eligible to participate in the Federal Employees Health Programs.

(b) The regulations in the Foreign Affairs Manual, Volume 16, Chapter 520 (16 FAM 520), Responsibility for Payment of Medical Expenses, apply to this contract, except as stated below.

The contractor and each eligible family member are strongly encouraged to obtain health insurance that covers this assignment. Nothing in this provision supersedes or contradicts any other term or provision in this contract that pertains to insurance or medical costs, except that section (e) supplements General Provision 25. “MEDICAL EVACUATION (MEDEVAC) SERVICES.”

(c) When the contractor or eligible family member is covered by health insurance, that insurance is the primary payer for medical services provided to that contractor or eligible family member(s) both in the United States and abroad. The primary insurer’s liability is determined by the terms, conditions, limitations, and exclusions of the insurance policy. When the contractor or eligible family member is not covered by health insurance, the contractor is the primary payer for the total amount of medical costs incurred and the U.S. Government has no payment obligation

(see paragraph (f) of this provision).

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

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

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

(3) The Office of Medical Services (M/MED) or a Foreign Service medical provider

(FSMP) determines that the treatment is appropriate for, and directly related to, the illness, injury, or medical condition.

(e) The Mission Director may, on the advice of M/MED or an FSMP at post, authorize medical travel for the contractor or an eligible family member in accordance with the General Provision

10, Travel and Transportation AAPD 06-10 PSC Medical Expense Payment Responsibility 6

Expenses (July 1993), section (i) entitled “Emergency and Irregular Travel and Transportation.”

In the event of a medical emergency, when time does not permit consultation, the Mission Director may issue a Travel Authorization Form or Medical Services Authorization Form DS-3067, provided that the FSMP or Post Medical Advisor (PMA) is notified as soon as possible following

14 | Page such an issuance. The contractor must promptly file a claim with his or her medevac insurance provider and repay to USAID any amount the medevac insurer pays for medical travel, up to the amount USAID paid under this section. The contractor must repay USAID for medical costs paid by the medevac insurer in accordance with sections (f) and (g) below. In order for medical travel to be an allowable cost under General Provision 10, the contractor must provide USAID written evidence that medevac insurance does not cover these medical travel costs.

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

In that case, the contractor will be required to reimburse USAID in full for funds advanced by

USAID pursuant to the issuance of the authorization. The contractor may reimburse USAID directly or USAID may offset the cost from the contractor’s invoice payments under this contract, any other contract the individual has with the U.S. Government, or through any other available debt collection mechanism.

(g) When USAID pays medical expenses (e.g., pursuant to Form DS-3067, Authorization for

Medical Services for Employees and/or Dependents), repayment must be made to USAID either by insurance payment or directly by the contractor, except for the amount of such expenses USAID is obligated to pay under this provision. The Contracting Officer will determine the repayment amount in accordance with the terms of this provision and the policies and procedures for employees contained in 16 FAM 521. When USAID pays the medical expenses, including medical travel costs (see section (e) above), of an individual (either the contractor or an eligible family member) who is covered by insurance, that individual promptly must claim his or her benefits under any applicable insurance policy or policies. As soon as the individual receives the insurance payment, the contractor must reimburse USAID for the full amount that USAID paid on the individual’s behalf or the repayment amount determined by the Contracting Officer in accordance with this paragraph, whichever is less. If an individual is not covered by insurance, the contractor must reimburse USAID for the entire amount of all medical expenses and any travel costs the contractor receives from his/her medevac provider.

(h) In the event that the contractor or eligible family member fails to recover insurance payments or transfer the amount of such payments to USAID within 90 days, USAID will take appropriate action to collect the payments due, unless such failure is for reasons beyond the control of the

USPSC/dependent.

(i) Before departing post or terminating the contract, the contractor must settle all medical expense and medical travel costs. If the contractor is insured, he or she must provide proof to the

Contracting AAPD 06-10 PSC Medical Expense Payment Responsibility 7 Officer that those insurance claims have been submitted to the insurance carrier(s) and sign a repayment agreement to repay to USAID any amounts paid by the insurance carrier(s).

[End of Provision]

15 | Page

APPENDIX 2

GP. 5 Leave and Holidays [Deviation (NOV 2021)]

(a) Annual Leave

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

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

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

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

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

Time in Service Annual Leave (AL) Accrual Rate

0 to 3 years 4 hours of leave for each 2-week period over 3, and up to 15 years 6 hours of AL for each 2-week period

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

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

(A) An individual personal services contractor with USAID for any duration covered by Sec. 636(a)(3) of the FAA or other statutory authority applicable to USAID;

and/or

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

16 | Page

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

(ii) In addition to the information certified by the contractor in their Offeror

Information form, the contracting officer may require the contractor to furnish copies of previously executed contracts, and/or other evidence of previous service (e.g., SF 50, DD

Form 214 or 215) to conduct the due diligence necessary to verify creditable previous service.

(3) Annual Leave is provided under this contract primarily for the purposes of providing the contractor necessary rest and recreation during the period of performance. The contractor, in consultation with the Supervisor, must develop an annual leave schedule early in the period of performance, taking into consideration the requirements of the position, the contractor's preference, and other factors. The maximum amount of annual leave that the contractor can carry over from one leave year to the next is limited to 240 hours. The contractor's unused annual leave balance in excess of the 240 hour maximum at the end of the last pay period of each leave year will be forfeited, unless the requirements of the position precluded the contractor from taking such leave. The contractor may be authorized to restore annual leave for exceptional circumstances beyond the control of the contractor. The restoration of annual leave may be approved only by the USAID

Administrator, cognizant Assistant Administrator or Head of an Independent Office reporting directly to the USAID Administrator, and cannot be delegated further. Annual leave restored must be scheduled and used no later than either the end of the leave year two years after either—

(i) The end of the leave year two years after the date fixed by the approving official as the termination date of the exceptional circumstances beyond the contractor's control, which resulted in the forfeiture; or

(ii) The end of the contract.

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

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

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

17 | Page

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

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

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

(i) The contractor must complete twenty-four (24) continuous months of service abroad under this contract, and must not have taken more than thirty (30) workdays leave

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

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

(A) Two (2) years, or

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

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

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

(c)(1)(ii) of this clause and will be relocating to a different USAID Mission under a new USAID

18 | Page personal services contract immediately following the completion of home leave, the contractor may be granted twenty (20) workdays of home leave. USAID will provide the contractor these twenty days of home leave under this contract, not under the new contract.

(v) If home leave eligibility is based on paragraph (c)(1)(iv) of this clause, prior to departure on home leave, the contractor must submit to the contracting officer at the current

Mission, a copy of the new contract with a special award condition in the contract Schedule indicating the contractor's obligation to fulfill the commitment for continued performance in accordance with paragraph (c)(1)(ii) of this clause.

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

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

(ii) The contractor has served at least eighteen (18) months abroad, as defined in paragraph

(c)(4) of this clause, at the same USAID Mission under this contract, and has not taken more than

30 work days leave (annual, sick or LWOP) in the U.S.; and

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

(A) Two (2) years, or

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

(3)(i) Home leave must be taken only in the U.S., its commonwealths, possessions, or territories. Any days spent in any other location will be charged to annual leave, or if the contractor does not have accrued annual leave to cover these days, the contractor will be placed on LWOP.

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

Additional home leave travel requirements are included in the “Travel and Transportation

Expenses” clause of this contract.

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

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

(4) The contracting officer may authorize the contractor to spend no more than five (5) days in work status for consultation at USAID/Washington while on home leave in the U.S., before

19 | Page returning abroad. Consultation in excess of five (5) days or at locations other than

USAID/Washington must be approved in advance by the Mission Director or the contracting officer.

(d) Home Leave for Qualifying Posts. (1) If the contractor ordinarily qualifies for home leave and has completed a 12-month period at one of the USAID qualifying

Missions, as announced by the Department of State or USAID, the contractor is entitled to ten (10) workdays of home leave in addition to the home leave the contractor is normally entitled to in accordance with paragraph (c) of this “Leave and Holidays” clause.

(2) There is no requirement that an eligible contractor take this additional home leave for qualifying Missions; it is for use at the contractor's option. If the contractor is eligible and elects to take such home leave, the contractor must take all ten (10) workdays at one time in the U.S. under the conditions described in paragraphs (c)(3) and (c)(4) of this clause. If the contractor is returning to the U.S. and not returning abroad to the same or different USAID Mission, the contractor is not eligible for home leave for qualifying

Missions, and this paragraph (d) will not apply.

(e) Holidays and Administrative Leave. The contractor is entitled to all holidays and administrative leave granted by USAID to U.S. direct-hire employees as announced by the Agency or Mission.

(f) Military Leave. Military leave of not more than fifteen (15) calendar days in any calendar year may be granted to a contractor who is a reservist of the U.S. Armed

Forces, provided that the military leave has been approved, in advance, by the contracting officer or the Mission Director. A copy of the contractor’s official orders and the contracting officer or Mission Director approval will be part of the contract file.

(g) Leave Without Pay (LWOP). The contractor may be granted LWOP only with the written approval of the contracting officer or Mission Director, unless a such leave is requested for family and medical leave purposes under paragraph (i) of this clause.

(h) Compensatory Time. USAID may grant compensatory time off only with the written approval of the contracting officer or Mission Director in rare instances when it has been determined absolutely essential and consistent with the policies that apply to USAID

U.S.-direct hire employees. The contractor may use earned compensatory time off in accordance with policies that apply to USAID direct-hire employees.

(i) Family and Medical Leave.

(1) USAID provides family and medical leave for eligible USPSCs working within the U.S., or any territories or possession of the U.S., in accordance with Title I of the Family and Medical

Leave Act of 1993, as amended (FMLA), and as administered by the Department of Labor under

29 CFR 825. USAID also provides family and medical leave to eligible USPSCs working outside the U.S., or any territories or possession of the U.S., in accordance with this paragraph

(i) outside the provisions of Title I of the FMLA as a matter of policy discretion.

(2) Family and medical leave only applies to USPSCs, not any other type of PSC.

20 | Page

(3) In accordance with 29 CFR 825.110, to be eligible for family and medical leave, the contractor must have--

(i) Been employed or under contract for at least twelve (12) months with a U.S. federal agency as a direct-hire or a personal services contractor; and

(ii) Performed at least 1,250 hours of service with a U.S. federal agency as a direct hire or a personal services contractor during the previous 12-month period immediately preceding the commencement of family and medical leave.

(4) In accordance with 29 CFR 825.200(a), and USAID's internal policies available in

Automated Directive System Chapter 309 (ADS 309), an eligible contractor may take up to twelve…