72DFFP19R00036_-_EPMEA_-_10.19_Second_Deadline_Extended.pdf

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SOLICITATION NUMBER: 72DFFP19R00036

ISSUANCE DATE: September 10, 2019 CLOSING DATE AND TIME: November 12, 2019

4:00 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’s (USAID) Office of Food for Peace (FFP), is seeking offers from qualified U.S.

citizens to provide personal services as an Emergency Program Monitoring and Evaluation Advisor under a United States Personal Services Contract (USPSC), as described in the solicitation.

Submittals must be in accordance with the attached information at the place and time specified.

Offerors interested in applying for this position MUST submit the following materials:

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

(See sample resume on www.ffpjobs.com website)

(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) Names and contact information (phone/email) of your current and/or previous supervisor(s). Current and/or previous supervisor(s) may be contacted for a reference.

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

(e) U.S. Citizenship.

Your resume should contain sufficient information to make a valid determination that you fully meet the experience requirements as stated in this solicitation. This information should 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.

2. Responses to the Quality Ranking Factors (QRFs): Each offeror’s supplemental document must address the QRFs shown in the solicitation.

3. USPSC Application form AID 309-2: Offerors are required to complete sections A through I. This form must be physically signed and scanned. Electronic signatures will not be accepted.

http://www.ffpjobs.com/

Solicitation for a USPSC Emergency Program Monitoring and Evaluation Advisor

72DFFP19R00036

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All USPSCs with a place of performance in the United States are required to have a Data Universal Numbering System (DUNS) number and be registered in the System for Award Management (SAM) database prior to receiving an offer. You will be disqualified if you either fail to comply with this requirement or if your name appears on the excluded parties list.

Registration information is available at www.sam.gov and further guidance will be provided to the selectee regarding DUNS and SAM registration.

The submission of additional documents submitted will not be accepted. Incomplete or late offers will not be considered. FFP reserves the right to select additional candidates if vacancies become available during future phases of the selection process.

Offerors can expect to receive a confirmation email when offer materials have been received.

Offerors should retain for their records copies of all enclosures which accompany their offers.

Your complete resume, signed and scanned AID 309-2 form, and the supplemental document addressing the QRFs must be emailed to:

FFP PSC Recruitment Team E-Mail Address: ffprecruitmentteam@usaid.gov

Any questions on this solicitation may be directed to FFP PSC Recruitment Team via the information provided above. Further guidance on applying, including a sample resume, can be found at www.ffpjobs.com.

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.

Sincerely, /s/

Patrice Lee Contracting Officer https://www.sam.gov/SAM/ mailto:ffprecruitmentteam@usaid.gov http://www.ffpjobs.com/application/process.aspx

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ATTACHMENT 1

I. GENERAL INFORMATION

1. SOLICITATION NO.: 72DFFP19R00036

2. ISSUANCE DATE: September 10, 2019

3. CLOSING DATE AND TIME FOR RECEIPT OF OFFERS:

November 12, 2019, 4:00 P.M. Eastern Time

4. POINT OF CONTACT: FFP PSC Recruitment Team, ffprecruitmentteam@usaid.gov

5. POSITION TITLE: Emergency Program Monitoring and Evaluation Advisor

6. MARKET VALUE: This position has been designated as a GS-13 ($99,172 - $128,920) equivalent level, including Washington, D.C. locality pay. Final Grade will be determined by the candidate’s established work history, qualifications, and education. Final compensation will be negotiated within the listed market value and based upon the candidate’s established salary history. Candidates who live outside the Washington, D.C. area will be considered for employment but relocation expenses will not be reimbursed. Salaries over and above the top of the pay range will not be entertained or negotiated.

7. PERIOD OF PERFORMANCE: One (1) year with four (4) one-year options

8. PLACE OF PERFORMANCE: Washington, D.C., with possible overseas and domestic travel

9. ELIGIBLE OFFERORS: U.S. Citizens

10. SECURITY LEVEL REQUIRED: Ability to obtain and maintain a Secret level up to Top

Secret/Sensitive Compartmented Information level clearance.

11. STATEMENT OF WORK:

BACKGROUND

USAID's Office of Food for Peace (FFP) predicts, prevents, and responds to hunger overseas.

Through its emergency food assistance activities, FFP saves lives, reduces suffering, and supports the early recovery of people affected by conflict and natural disaster emergencies, including refugees.

FFP also addresses the root causes of food insecurity and helps individuals and communities withstand future crises and lay the foundation for stable, inclusive growth. FFP development activities help chronically food insecure populations reduce their long-term need for food

4 | Page assistance by helping communities improve access to food for their most vulnerable people, especially women and children.

FFP works closely with other parts of USAID, especially the Bureau for Food Security, which plays a key role in implementing the U.S. Government’s Feed the Future initiative, and the Office of U.S. Foreign Disaster Assistance (OFDA), which leads on disaster response around the world. FFP employs a staff of over 100 in Washington and also has officers posted abroad.

More information on FFP is available at: https://www.usaid.gov/food-assistance.

INTRODUCTION

As a member of the Monitoring and Evaluation (M&E) team, the incumbent is responsible for providing M&E technical support to FFP’s emergency programs. The primary purpose of the technical support is to enhance and strengthen FFP and its awardees’ technical capacity to monitor and evaluate the performance of emergency food security programs, working closely with Private Voluntary Organizations (PVOs) and Public International Organizations (PIOs).

The incumbent provides technical support to FFP staff in Washington DC and in the USAID Missions.

The incumbent supports the effective management of FFP resources by providing technical assistance and training to ensure effective development and implementation of monitoring systems for emergency food security programs. The incumbent is assigned to FFP’s M&E Team and takes direction from the M&E Team Leader in the Policy and Technical Division. The incumbent must have demonstrated initiative and ability to manage competing work priorities and work independently, when required. The incumbent must be able to coordinate with a range of technical experts, management and program staff, and liaise with other Agency staff.

12. CORE FUNCTIONAL AREAS OF RESPONSIBILITY:

Under the direct supervision of the M&E Team Leader, the incumbent performs the following duties:

At the GS-13 Equivalent level:

• Provide technical assistance to FFP and Mission staff for the design and implementation of monitoring systems of emergency programs; review M&E design and provide constructive feedback; review monitoring and evaluation reporting documents and applications of emergency programs;

• Provide technical assistance to implementing partners to refine theories of change, logic models, and indicators; review M&E documents, post distribution monitoring, and survey and evaluation Scopes of Work (SOWs);

• Assess technical capacity of emergency program implementing partners’ M&E staff and

FFP staff, and arrange trainings as appropriate;

https://www.usaid.gov/food-assistance

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• Implement the Emergency Monitoring, Evaluation, and Reporting Policy in coordination with the FFP M&E team members based in the region as well as in Washington D.C.;

• Review emergency projects’ quarterly and annual reports; as well as identify challenges and lessons learned, then share them within and across FFP;

• Analyze baseline/endline surveys, post distribution monitoring, and outcome monitoring data to improve FFP’s knowledge about the pathways to achieve food and nutritional security outcomes; contribute to FFP learning agenda and reporting needs, tracking FFP strategic results framework; and use innovative approaches/strategies to improve data utilization for decision making;

• Periodically participate in evaluations, technical review and/or assessments;

• Develop checklists and other tools for FFP Officers in the field to improve objectivity in field visits;

• Standardize FFP quarterly and annual project reporting and associated processes, in consultation with implementing partners, field staff, contractors, and consultants;

• Liaise with the Office of Foreign Disaster Assistance (OFDA), the Bureau of Population, Refugees, and Migration (PRM), and other key USAID partners on food and nutrition security-related indicators, ensuring complementarity between FFP and OFDA indicators;

• Coordinate with the other members of the M&E team, Markets Team, Learning Team, Geographic Regional Teams, Training Team, Communication Team, FFP Technical Team, and project staff for technical support, training, data utilization, knowledge capture and sharing;

• Advise FFP Officers in USAID Missions on M&E- related policies, procedures, and guidance to improve effectiveness of FFP programming; and

• Serve on short-term assignments with other USAID offices or bureaus, performing duties directly related to duties identified in contract, in direct support of FFP programs. These placements shall not exceed three (3) months.

Supervisory Relationship:

The incumbent’s supervisor is the FFP Monitoring and Evaluation (M&E) Team Leader.

Supervisory Controls:

The incumbent and supervisor work together to develop deadlines, projects and work to done.

The incumbent has greater latitude to carry out assignments, while still consulting with the M&E

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Team Leader on policy interpretations and keeping the supervisor informed of progress and potentially controversial matters. The supervisor evaluates work for technical soundness and effectiveness in meeting work objectives. The incumbent does not supervise personnel but is expected to mentor new staff on the M&E Team. The incumbent is expected to take initiative and act independently with little direction when planning, designing, and providing technical M&E support for FFP programs.

Guidelines:

Pertinent sources of information consist of the Food for Peace Act, the Foreign Assistance Act, other legislative initiatives, FFP issued guidelines, information bulletins and USAID Agency and Democracy Conflict and Humanitarian Assistance (DCHA) Bureau rules and regulations.

The incumbent serves as the primary point of contact for reviewing M&E plans and provides constructive feedback for improvements while also assisting Mission staff to review M&E planning & reporting documents. The incumbent exercises considerable independent judgment in determining the application of guidelines to assigned responsibilities. He/She also uses initiative and resourcefulness in deviating from traditional practices to develop new methods, criteria or propose new policies to improve monitoring and evaluation of FFP programs. The incumbent is expected to identify and recommend solutions to inefficiencies or inconsistencies that serve as barriers to accomplish assigned tasks and report them to the M&E Team Leader.

Complexity:

Duties are significantly varied and require many different unrelated processes and methods that are applied to a broad range of problems/situations that require a substantial depth of monitoring and evaluation. The incumbent typically identifies and develops ways to resolve problems or cope with issues which directly affect the accomplishment of principal emergency program goals and objectives. The incumbent may develop new ways to resolve major problems, or plan the most significant aspects of professional or scientific programs.

Scope and Effect:

The work typically includes planning, organizing, directing, designing and coordinating programs and/or projects, requiring creativity and support efforts of others. The work also entails conducting evaluations to determine the feasibility of various advanced approaches, to define concepts and criteria for future programs, or to resolve major controversial problems in current programs that directly affect the development of programs. The incumbent provides technical assistance to design and implement monitoring systems for emergency programs in FFP. The incumbent assists regional teams and technical leads in assessing gaps and needs.

Personal Contacts:

Contacts are with individuals or groups outside of USAID in moderately unstructured settings.

The incumbent is responsible for liaising with a variety of Agency and external actors in order to ensure the efficacious use of FFP resources. This includes Public International Organizations

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(PIOs), Non-governmental Organizations (NGOs), other FFP Divisions and intergovernmental agencies on FFP commitments, priorities and polices. The incumbent coordinates closely with FFP/Washington, field staff, USAID Mission and regional offices, U.S. Embassy, U.S. Agencies, and NGO representatives. The incumbent serves as the primary point of contact with individuals or groups in contexts relating to ongoing FFP program issues or questions relating to monitoring and evaluation of emergency food assistance programs.

Purpose of Contacts:

The incumbent must be skillful in determining the appropriate approach in negotiating and persuading others, and in establishing rapport in order to gain and relay information as it applies to monitoring and evaluation in emergency FFP programming. Typically, the incumbent consults with other professional or technical personnel, and user organizations, to develop more detailed and to reconcile conflicts, as it relates to emergency FFP programs.

13. WORK ENVIRONMENT AND PHYSICAL DEMANDS:

The work is primarily performed in an office setting. During long-term travel for FFP, thirty (30) days or more in a calendar year, the work may additionally involve special safety and/or security precautions, wearing of protective equipment, and exposure to severe weather conditions.

The work is generally sedentary and does not pose undue physical demands. The requirement for field trip assignments to consult with cooperating sponsor managers of food assistance programs may expose the successful candidate to additional physical exertion including long periods of standing, walking over rough terrain, or carrying of moderately heavy items (less than 50 pounds).

14. START DATE: Immediately, once necessary clearances are obtained.

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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.)

At the GS-13 Equivalent Level:

A Bachelor’s degree from an accredited U.S. or internationally recognized institution with significant study in, but not limited to, economics, agricultural economics, biostatistics, statistics, nutrition with a focus on econometrics/ statistics, or other related field with a quantitative focus.

The incumbent will have a total of at least seven (7) years of progressively responsible professional experience in humanitarian assistance and/or international development, of which three (3) years must be related to food security.

OR

A Master’s degree from an accredited U.S. or internationally recognized institution with significant study in, but not limited to, economics, agricultural economics, biostatistics, statistics, nutrition with a focus on econometrics/statistics, or other related field with quantitative focus.

The incumbent will have a total of at least five (5) years of progressively responsible professional experience in humanitarian assistance and/or international development, of which three (3) years must be related to food security.

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. FAR provisions of this solicitation are available at https://www.acquisition.gov/browse/index/far.

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;

• Submission of a current resume, with complete contact information. See cover page for resume requirements;

• Supplemental document specifically addressing the QRFs;

https://www.acquisition.gov/browse/index/far

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• USPSC Application form AID 309-2. Offerors are required to complete sections A through I. This form must be physically signed and scanned. Electronic signatures will not be accepted;

• Ability to obtain and maintain a Secret level clearance up to Top Secret/Sensitive Compartmented Information level clearance within a nine month period after offer acceptance;

• Ability to obtain a Department of State medical clearance within a three month period after offer acceptance;

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

and

• Satisfactory verification of academic credentials.

Offerors not meeting minimum qualifications will not be evaluated further.

QUALITY RANKING FACTORS (QRFs)

Offerors who meet the Education/Experience requirements and Selection Factors will be further evaluated based on the QRFs listed below. In 500 words or less, the offeror 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. Offerors must be sure to include their name and the announcement number at the top of each additional page.

● QRF 1. Demonstrated expertise and relevant experience in reviewing and tracking indicators, M&E plans, and related documents for emergency food security and/or international humanitarian relief and/or assistance projects, in 500 words or less. (15 points)

● QRF 2. Demonstrated technical expertise and relevant experience in designing or providing technical assistance to baseline study, post-distribution monitoring, and evaluation scopes of work, in 500 words or less. (15 points)

● QRF 3. Innovative approaches or strategies to increase utilization of monitoring, baseline and evaluation data; and excellent oral and written communication skills as demonstrated through the preparation of formal reports, briefing memoranda, and other communications for a range of audiences, including project managers, country backstop officers, senior management and technical staff, in 500 words or less. (15 points)

● QRF 4. Demonstrated ability in providing technical assistance and guidance to field staff to set up output and process monitoring, post-distribution monitoring, and outcome monitoring systems. Demonstrated strong interpersonal skills and ability to be customer service-oriented and work effectively as a team member, in 500 words or less. (15 points)

● QRF 5. Knowledge of challenges to design and implement monitoring systems in the context of an emergency project and practical strategies to address them, in 500 words or less. (10 points)

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Total Possible QRF Points: 70 points Total Possible Interview Points: 30 points Satisfactory Professional Reference Checks: Pass/Fail

Total Possible Points: 100

BASIS OF RATING: Offerors who meet the Education/Experience requirements and Selection Factors will be further evaluated based on scoring of the QRF responses. Those offerors determined to be competitively ranked will be evaluated on interview performance, and satisfactory professional reference checks.

Failure to address the selection factors and/or QRFs may result in not receiving credit for all pertinent experience, education, and/or training.

The most qualified candidates will be interviewed. Professional references and academic credentials will be evaluated for offerors being considered for selection. FFP will not pay for any expenses associated with the interviews. FFP reserves the right to select additional candidates to fill possible future vacant positions.

NOTE: Please be advised that references may be obtained independently from other sources in addition to the ones provided by an offeror.

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 rescinded.

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

IV. SUBMITTING AN OFFER

Offers must be received by the closing date and time at the address specified in the cover letter.

Offerors are required to submit:

1. Complete, current resume. See cover page for resume requirements.

2. Supplemental document specifically addressing the QRFs shown in the solicitation.

3. USPSC Application form AID 309-2. Offerors are required to complete sections A through

I. This form must be physically signed and scanned. Electronic signatures will not be accepted.

Additional documents submitted will not be accepted.

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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 and the position you are applying for on your offer, and as the subject line in any email.

DOCUMENT SUBMITTALS

Via email: ffprecruitmentteam@usaid.gov

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 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.

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 within six months after offer acceptance, the offer may be rescinded.

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.

NOTE REGARDING DATA UNIVERSAL NUMBERING SYSTEM (DUNS)

NUMBERS AND THE SYSTEM FOR AWARD MANAGEMENT

All USPSCs with a place of performance in the United States are required to have a Data Universal Numbering System (DUNS) number and be registered in the System for Award Management (SAM) database prior to receiving an offer. You will be disqualified if you either fail to comply with this requirement or if your name appears on the excluded parties list. The selectee will be provided with guidance regarding this registration.

NOTE: Registration for a DUNS number is FREE.

For general information about DUNS Numbers, please refer to Federal Acquisition Regulation (FAR) Clause 52.204-6, Data Universal Numbering System Number at

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

V. LIST OF REQUIRED FORMS FOR PSCs

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 found at:

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

1. Complete, current resume.

2. Supplemental Document addressing QRFs.

3. USPSC Application Form (AID 309-2).

4. Medical History and Examination Form (DS-6561).

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

6. Questionnaire for Non-Sensitive Positions (SF-85).

7. Finger Print Card (FD-258).

8. Employment Eligibility Verification (I-9 Form).

**Forms 4-8 shall be completed ONLY upon the advice of the Contracting Officer that an offeror is the successful candidate for the job.

CONTRACT INFORMATION BULLETINS (CIBs) and ACQUISITION & ASSISTANCE POLICY DIRECTIVES (AAPDs) PERTAINING TO PSCs

CIBs and AAPDs contain changes to USAID policy and General Provisions in USAID regulations and contracts. Please refer to https://www.usaid.gov/work-usaid/aapds-cibs to determine which CIBs and AAPDs apply to this contract.

AIDAR Appendix D can be found at: https://www.usaid.gov/ads/policy/300/aidar

ADS 309 – Personal Services Contracts can be found at:

https://www.usaid.gov/sites/default/files/documents/1868/309.pdf

AAPD 06-10 – PSC MEDICAL PAYMENT RESPONSIBILITY

AAPD No. 06-10 is hereby incorporated as Attachment 2 to the solicitation.

AAPD 15-02 – Authorization of Family and Medical Leave for U.S. Personal Services Contractors (USPSCs) AAPD No. 15-02 is hereby incorporated as Attachment 3 to the solicitation.

https://www.acquisition.gov/far/current/html/52_200_206.html https://www.acquisition.gov/far/current/html/52_200_206.html http://www.sam.gov/ http://www.usaid.gov/forms/ http://www.forms.gov/bgfPortal/main.do https://www.usaid.gov/work-usaid/aapds-cibs https://www.usaid.gov/ads/policy/300/aidar https://www.usaid.gov/sites/default/files/documents/1868/309.pdf

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AAPD 18-02 – Medical Evacuation (MEDEVAC) Services AAPD No. 18-02 is hereby incorporated as Attachment 4 to the solicitation.

FAR 52.222-50 – COMBATING TRAFFICKING IN PERSONS

FAR Clause 52.222-50 is hereby incorporated as Attachment 5 to the solicitation.

FAR 52.204-24 – Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019) FAR Clause 52.204-24 is hereby incorporated as Attachment 6 to the solicitation.

FAR 52.204-25 – Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019) FAR Clause 52.204-25 is hereby incorporated as Attachment 7 to the solicitation.

VI. BENEFITS AND ALLOWANCES

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

BENEFITS

(a) Employer's FICA Contribution

(b) Contribution toward Health & Life Insurance

(c) Pay Comparability Adjustment

(d) Annual Increase (pending a satisfactory performance evaluation)

(e) Eligibility for Worker's Compensation

(f) Annual & Sick Leave

ALLOWANCES (if Applicable) *

The following allowances may be provided for PSCs located in foreign countries using rates prescribed under the Department of State Standardized Regulations (Government Civilian Foreign areas) available at https://aoprals.state.gov/:

(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)

(j) Danger Pay Allowance (Section 650) https://aoprals.state.gov/

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VII. TAXES

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

VIII. USAID REGULATIONS, POLICIES AND CONTRACT CLAUSES PERTAINING

TO PSCs

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

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

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

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

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

[The CO must check http://www.usaid.gov/work-usaid/aapds-cibs to determine which AAPDs/CIBs apply and insert the relevant text as required.]

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.

ALL QUALIFIED OFFERORS WILL BE CONSIDERED REGARDLESS OF AGE,

RACE, COLOR, SEX, CREED, NATIONAL ORIGIN, LAWFUL POLITICAL

AFFILIATION, NON-DISQUALIFYING DISABILITY, MARITAL STATUS, SEXUAL

ORIENTATION, AFFILIATION WITH AN EMPLOYEE ORGANIZATION, OR

OTHER NON-MERIT FACTOR.

https://www.usaid.gov/sites/default/files/documents/1868/aidar_0.pdf https://www.usaid.gov/forms http://www.usaid.gov/work-usaid/aapds-cibs http://www.usaid.gov/work-usaid/aapds-cibs http://www.usaid.gov/work-usaid/aapds-cibs https://www.oge.gov/web/oge.nsf/OGE%20Regulations

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ATTACHMENT 2

MEDICAL EXPENSE PAYMENT RESPONSIBILITY (OCTOBER 2006) (AAPD06-10)

(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 such an issuance. The contractor must promptly file a claim with his or her medevac

16 | Page 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).

(i) Before departing post or terminating the contract, the contractor must settle all medical expense and medical travel costs. If the contractor is insured, he or she must provide proof to the Contracting Officer that those insurance claims have been submitted to the insurance carrier(s)

17 | Page and sign a repayment agreement to repay to USAID any amounts paid by the insurance carrier(s).

[END PROVISION]

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ATTACHMENT 3

AUTHORIZATION OF FAMILY AND MEDICAL LEAVE FOR U.S. PERSONAL

SERVICES CONTRACTORS (USPSCs)

GP 5. LEAVE AND HOLIDAYS (DEC 2017)

(Pursuant to class deviation #M/OAA-DEV-AIDAR-18-1c)

(a) Annual Leave.

(1) The contractor is not entitled to annual leave if the period of performance of this contract is 90 days or less. If the contract period of performance is more than 90 days, the contractor shall earn annual leave as of the start date of the contract period of performance as specified in paragraph (a)(2) below.

(2) The contractor shall accrue annual leave based on the contractor’s time in service according to the following table:

Time in Service Annual Leave (AL) Accrual Calculation 0 to 3 years Four hours of leave for each two week period over 3, and up to 15 years

Six hours of AL for each two week period (including 10 hours AL for the final pay period of a calendar year) over 15 years Eight hours of AL for each two week period

USAID will calculate the contractor’s time in service based on all the previous service performed by the contractor as a: 1) USAID PSC (i.e., the contractor has served under any USAID personal services contracts of any duration covered by Sec. 636(a)(3) of the FAA or other statutory provision applicable to USAID); and/or 2) former U.S. Government (USG) direct-hire, under either civilian and/or military service.

(3)

(i) AL is provided under this contract for the purposes of affording necessary rest and recreation during the period of performance. The contractor, in consultation with the USAID Mission or USAID/Washington, as appropriate, shall develop an AL schedule early in the contractor's period of performance, taking into consideration project requirements, employee preference, and other factors. All AL earned by the contractor must be used during the contractor’s period of performance. All AL earned by the contractor, but not taken by the end of the contract, will be forfeited. However, to prevent forfeiture of AL, the Contracting Officer may approve the contractor taking AL during the concluding weeks of the contractor's period of performance.

(ii) As an exception to 3(i) above, the contractor may receive a lump-sum payment for leave not taken. To approve this exception, the contractor's supervisor must provide the Contracting Officer with a signed, written Determination and Findings (D&F). The D&F must set out the facts and circumstances that prevented the contractor from taking AL, and the Contracting Officer must find that these facts and circumstances were not caused

19 | Page by, or were beyond the control of, the contractor. This leave payment must not exceed the number of days which could be earned by the contractor during a twelve-month period.

(4) With the approval of the Mission Director or cognizant AA, as appropriate, and if the circumstances warrant, a Contracting Officer may grant the contractor advance AL in excess of the amount earned, but in no case may the Contracting Officer grant advance AL in excess of the amount earned in one year or over the life of the contract, whichever is less. The contractor agrees to reimburse USAID for any outstanding balance of advance AL provided during the contractor’s assignment under the contract.

(5) Offerors for PSC positions will provide evidence of their PSC and/or USG direct-hire service - civilian and/or military experience, as applicable, on their signed and dated application form required under USAID policy. By signing the appropriate form, the offeror attests to the accuracy of the information provided. Any offeror providing incorrect information is subject to the penalty provisions in the form. If required to satisfy due diligence requirements on behalf of the Contracting Officer, the contractor may be required to furnish evidence that verifies length of service, e.g., SF 50, DD Form 214, and/or signed contracts.

(b) Sick Leave.

The contractor may use sick leave on the same basis and for the same purposes as USAID U.S.

direct hire employees. Sick leave is earned at a rate not to exceed four (4) hours every two (2) weeks for a total of 13 work-days per year. Unused sick leave may be carried over under an extension or renewal of this contract with the same individual for the same work. Otherwise, sick leave will not be carried over from one post to another or from one contract to another. The contractor will not be compensated for unused sick leave upon completion of this contract.

(c) Home Leave.

(1) Home leave is leave earned for service abroad for use only in the U.S., its commonwealths, possessions and territories.

(2) A USPSC who has served at least two years overseas at the same USAID Mission, under the same contract, as defined in paragraph (c)(4) below, and has not taken more than 30 work days leave (annual, sick or LWOP) in the U.S. may be granted home leave in accordance with the following:

(i) if the USPSC returns to the same overseas post upon completion of home leave for an additional two (2) years under the same contract, the USPSC will receive home leave, to be taken at one time, for a period of 30 work days; or if the USPSC returns to the same overseas post upon completion of home leave for such shorter period of not less than one year, as approved in writing by the Mission Director prior to the USPSCs departure on home leave, the USPSC will receive home leave, to be taken at one time, for a period of 30 work days.

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(ii) if the USPSC is returning to a different USAID Mission under a USAID personal services contract immediately following completion of the USPSC's home leave, for an additional two (2) years under contract, or for such shorter period of not less than one (1) year, as approved by the Mission Directors of the "losing" and "gaining" Missions, the contractor will receive home leave, to be taken at one time, for a period of not more than 20 work days. When the PSC is returning to a different USAID Mission, the former Mission will pay for the home leave regardless of what country the PSC will be working in following the home leave;

(iii) if home leave eligibility is based on (c)(2)(ii) above, the USPSC must submit written verification to the losing Mission at the time home leave is requested that the USPSC has accepted a USAID personal services contract at another USAID Mission following completion of the home leave;

(iv) travel time by the most direct route is authorized in addition to the number of work days authorized for home leave;

(v) home leave must be taken in the U.S., its commonwealths, possessions or territories, and any days spent elsewhere will be charged to annual leave (AL.) If the PSC does not have accrued AL, the PSC will be placed on LWOP.

(vi) if the PSC does not complete the additional service required under (c)(2)(i) or (ii) (that the Contracting Officer finds are other than for reasons beyond the PSC's control), the cost of home leave, travel and transportation and any other related costs must be repaid by the PSC to the Government.

(3) Notwithstanding the requirement in paragraph (c)(2) above, that the USPSC must have served two (2) years overseas under personal services contract with the same Mission to be eligible for home leave, the USPSC may be granted advance home leave subject to all of the following conditions:

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

(ii) The USPSC has served a minimum of 18 months in the Cooperating Country under this contract; and

(iii) The USPSC agrees to return to the Cooperating Country to serve out the remaining time necessary to meet two (2) years of service overseas, plus an additional two (2) years under the current contract or under a new contract for the same or similar services at the same Mission. If approved in advance by the Mission Director, the USPSC may return to serve out any remainder of the two (2) year requirement for service overseas, plus an additional period of not less than one (1) year under the current contract or under a new contract for the same or similar services at the same Mission.

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(4) The period of service overseas required under paragraph (c)(2), or paragraph (c)(3) above, will include the actual days in orientation in the U.S. (less language training). The actual days overseas begin on the date of arrival in the cooperating country inclusive of authorized delays enroute. Allowable annual and sick leave taken while overseas, but not LWOP, shall be included in the required period of service overseas. An amount equal to the number of days of annual and sick leave taken in the U.S., its commonwealths, possessions or territories will be added to the required period of service overseas.

(5) Salary during the travel to and from the U.S., for home leave will be limited to the time required for travel by the most expeditious air route. Except for reasons beyond the USPSC's control as determined by the Contracting Officer, the USPSC must return to duty after home leave and complete the additional required service or be responsible for reimbursing USAID for payments made during home leave. Unused home leave is not reimbursable under this contract, nor can it be taken incrementally in separate time periods.

(6) Home leave must be taken at one time, and to the extent deemed necessary by the Contracting Officer, an USPSC in the U.S., on home leave may be authorized to spend not more than five (5) days in work status for consultation at USAID/Washington before returning to post. Consultation at locations other than USAID/Washington as well as any time in excess of five (5) days spent for consultation must be approved by the Mission Director or the Contracting Officer.

(d) Home Leave for Qualifying Posts (HLQP).

USPSCs who ordinarily qualify for home leave and have completed a 12-month assignment at one of the USAID qualifying posts (currently Iraq, Afghanistan and Pakistan) are entitled to take ten (10) workdays of leave in addition to the home leave an USPSCs is normally entitled to under the contract in accordance with sub-paragraphs (c)(1) - (6) above. This additional home leave is provided pursuant to an amendment to the Foreign Service Act of 1980 signed by the President on June 15, 2006.

There is no requirement that an eligible USPSC take this additional leave; it is for optional use by the USPSC. If an eligible USPSC elects to take HLQP, the USPSC must take ten (10) workdays of home leave. If the USPSC is returning to the United States and not returning overseas to the same or different USAID Mission, HLQP will not apply.

This new home leave policy is also extended to qualifying Third-Country National PSCs (TCNPSCs) who have an approved exception under AIDAR Appendix J, sec. 4(c)(2)(ii)(B), to apply specific provisions from AIDAR Appendix D, and whose contract includes this General Provision. However, TCNPSCs will be granted "country leave" vice home leave. The application, requirements, and restrictions will be the same as for USPSCs, but the time taken by a TCNPSC will be taken in the TCNPSC's home country or country of recruitment rather than in the United States, its commonwealths and territories.

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(e) Holidays and Excused Absences.

The contractor shall be entitled to all holidays and or excused absences granted by the USAID to U.S. direct-hire employees.

(f) Military Leave.

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