72DFFP20R00012 - SRFSA Bangkok - 05.20.pdf

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SOLICITATION NUMBER: 72DFFP20R00012

ISSUANCE DATE: May 15, 2020 CLOSING DATE AND TIME: June 12, 2020

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 a Senior Regional Food Security Advisor - Bangkok 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. USPSC Application form AID 309-2: Offerors are required to complete sections A through

I.

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 http://www.ffpjobs.com/

Solicitation for a USPSC Senior Regional Food Security Advisor - Bangkok

72DFFP20R00012

2 | Page 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 and signed AID 309-2 form 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.: 72DFFP20R00012

2. ISSUANCE DATE: May 15, 2020

3. CLOSING DATE AND TIME FOR RECEIPT OF OFFERS:

June 12, 2020, 4:00 P.M. Eastern Time

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

5. POSITION TITLE: Senior Regional Food Security Advisor - Bangkok

6. MARKET VALUE: This position has been designated as a GS-14 ($92,977 - $120,868) equivalent level without locality pay. Final compensation will be negotiated within the listed market value and based upon the candidate’s established salary history. 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 option periods.

8. PLACE OF PERFORMANCE: Bangkok, Thailand with travel through the region.

9. ELIGIBLE OFFERORS: U.S. Citizens.

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

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

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

mailto:ffprecruitmentteam@usaid.gov

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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 (USG) 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 140 in Washington, D.C. and also has officers posted abroad.

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

INTRODUCTION

The incumbent manages, monitors, and reports on FFP’s food assistance programs in the Asia region. The incumbent may be required to travel to neighboring countries to attend to FFP-funded activities, subject to approvals from U.S. Embassies and USAID missions, and in coordination with any Disaster Assistance Response Team (DART) that may exist.

The incumbent ensures the effective management of FFP resources provided for the Asia portfolio, with an emphasis on FFP’s emergency programming. The incumbent is responsible for a complex portfolio requiring oversight of multiple concurrent humanitarian crises, as well as an established development portfolio. He/she plays a lead role in managing FFP activities in the region in conjunction with the regional team leader in Washington, D.C. and FFP staff deployed throughout the region. Working both independently and jointly with OFDA Regional Advisors, the incumbent provides programmatic support, oversight, and monitoring for FFP food assistance programs in the region, including potential deployments as needed in response to new events. The incumbent coordinates closely with the regional OFDA team based in Bangkok, as well as FFP officers working on crises in the region.

12. CORE FUNCTIONAL AREAS OF RESPONSIBILITY:

Under the direct supervision of the Geographic Division Chief or his/her designee, the incumbent performs the following duties:

At the GS-14 Equivalent Level:

• Serve as the primary point of contact for non-governmental organizations (NGOs) and public international organizations (PIOs), such as the World Food Programme (WFP) and the United Nations Children's Fund (UNICEF) implementing FFP-funded programs, USG representatives, and others on regional and emerging FFP food security issues in the Asia region, and in countries with no FFP staff presence;

• Provide policy recommendations related to implementation of emergency programs carried out by PIOs and NGOs, and development programs as needed;

• Analyze and assess data from a variety of sources - including field assessments, technical data, early warning information, and reporting from USAID field staff, NGOs, and PIOs - to recommend appropriate food assistance responses;

• Monitor and report on implementation of ongoing FFP-funded programs, including progress https://www.usaid.gov/food-assistance

5 | Page and problems encountered by grantees, as well as commodity management, including following up with cooperating sponsors on the status of loss claims;

• Advise and guide FFP-funded implementing partners on interpretation and execution of FFP-funded food assistance regulations, policies, and procedures;

• Report on all food security issues, to include changes in the food security situation and food assistance requirements, government policies and actions affecting food assistance programs, government food assistance programs, and donor pledges and programs;

• As the FFP expert, coordinate with the country team (consisting of the USAID Mission, U.S.

Embassy, and/or other USG in-country staff), host government, NGOs, PIOs, donors, and others on issues that may directly impact food assistance funding decisions;

• Undertake and report on assessments to inform FFP food assistance funding decisions or modifications to ongoing programs;

• Provide direction to NGOs on requirements for preparation of work-plans and program modifications and to PIOs on new appeals or revisions to existing ones;

• Serve as the food assistance expert, working with other USG agencies and other donors to promote integration of food assistance with other programs to increase the effectiveness of the programs overall;

• As needed, serve on short-term assignments with other USAID offices or bureaus in direct support of FFP programs. These placements shall not exceed three months; and

• Supervise other FFP staff based in Thailand or the sub-region as needed.

Supervisory Relationship:

The incumbent takes direction from and reports to the FFP Geographic Division Chief or FFP Regional Team leader, as delegated, in Washington, D.C. In Bangkok, the incumbent is under the authority of the Ambassador/Chief of Mission. During DART deployment, the incumbent works as a member of the DART unit, coordinating tasks directly with the DART Team Leader.

Supervisory Controls:

With guidance from the supervisor, the incumbent has greater latitude in defining and carrying out duties, prioritizing overall objectives, and managing available resources, while still consulting with the supervisor on policy interpretations. In consultation with the supervisor, the incumbent develops deadlines for activities and other specialized tasks and is responsible for planning and carrying out assignments, resolving most conflicts that arise, and coordinating work with others as necessary. With input from the supervisor, the incumbent interprets policy in terms of established objectives and keeps his/her supervisor informed of progress in the achievement of objectives and advised of potentially controversial matters. The supervisor will evaluate work for technical

6 | Page soundness and effectiveness in meeting work objectives. Completed work is reviewed by the supervisor in terms of effectiveness in advancing USAID's Food Security policy, FFP's Strategic Plan, and the Bureau for Democracy, Conflict and Humanitarian Assistance (DCHA) objectives as enunciated in the annual results reports/resource request submissions. The incumbent takes initiative and acts independently with little direction and has latitude to exercise independent judgment in responding to food assistance issues.

Performance Guidelines:

Pertinent sources of information consist of the Food for Peace Act, the Foreign Assistance Act, the Farm Bill, and other legislation; USAID, DCHA, other USG rules and regulations; and FFP rules, policies, guidelines, and information bulletins.

The incumbent exercises considerable independent judgment in determining the application of current legislative provisions and executive policies to assigned responsibilities. In order to achieve maximum impact of FFP resources, when necessary, the incumbent conceives of and proposes innovative program and/or policy changes that are consistent with existing legislation, regulations, and legal rulings. Additionally, the incumbent identifies and recommends solutions to inefficiencies or inconsistencies that serve as barriers to the accomplishment of assigned tasks and reports them to the supervisor and FFP leadership.

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 analysis.

The incumbent applies his/her depth and breadth of emergency and development food assistance knowledge and experience to the analysis of FFP food and nutrition food assistance programs.

He/she exercises more independence in the promotion of food assistance integration with other programs through coordination with the country teams in the region. The incumbent also is responsible for providing recommendations to address any challenges, which inhibit the efficient use of USG resources to provide lifesaving food assistance. The recommended changes are consistent with existing legislative, regulatory, and policy guidelines, but may require the formulation and application of new approaches and methodologies. The incumbent is innovative and original in recommending new or improved approaches to achieve problem resolution.

Scope and Effect:

The incumbent serves as a point of contact in order to coordinate with the country team, thus increasing the effectiveness of the ongoing FFP programs overall. Additionally, at the request of a DART or USAID mission, the incumbent may be required to provide support for the execution of programs, while analyzing the effectiveness of existing processes and procedures. Upon such analysis, the incumbent makes recommendations to his or her supervisor and should advise FFP leadership on new guidelines, protocols, and procedures.

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Personal Contacts:

The incumbent is responsible for liaising with a variety of agency and external actors in order to ensure the efficacious use of FFP emergency and development food assistance resources. This includes PIOs, other FFP Divisions, and intergovernmental agencies on FFP commitments, priorities, and policies. The incumbent coordinates closely with FFP/Washington and field staff, members of USAID DARTs, USAID missions and the regional office, U.S. Embassy, other U.S.

agencies, and NGO representatives.

Purpose of Contacts:

The incumbent justifies, defends, negotiates, and settles matters involving controversial issues among decision makers involved in making changes to ongoing FFP programs. Individuals contacted by the incumbent typically have diverse viewpoints, goals, and objectives, which includes USG agencies (including the U.S. Department of State and U.S. Department of Agriculture), PIOs, NGOs, etc. The incumbent is required to achieve a common understanding among the various parties and propose satisfactory solutions. He/she addresses their various objectives and interpretations of existing policy or provides recommendations, which can result in policy change and better aid in the execution of food and nutrition programs.

13. WORK ENVIRONMENT AND PHYSICAL DEMANDS:

Work is primarily performed in an office setting. While on 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-14 Equivalent Level:

A Bachelor’s degree from an accredited U.S. or internationally recognized institution with significant study in, but not limited to, public health, agriculture, nutrition, food and agricultural economics, international development, humanitarian assistance, or other related field and at least eight (8) years of progressively responsible experience in humanitarian assistance and/or international development, of which four (4) years must be with a background in programming related to food security (food assistance, health, nutrition, markets/livelihoods, early warning, disaster risk reduction, and/or agriculture and natural resources management). Two (2) years of field work in international humanitarian assistance is required.

OR

A Master’s degree from an accredited U.S. or internationally recognized institution with significant study in, but not limited to, public health, agriculture, nutrition, food and agriculture economics, international development, humanitarian assistance, or other related field and at least six (6) years of progressively responsible experience in humanitarian assistance and/or international development, of which four (4) years must be with a background in programming related to food security (food assistance, health, nutrition, markets/livelihoods, early warning, disaster risk reduction, and/or agriculture and natural resources management). Two (2) years of field work in international humanitarian assistance is required.

III. EVALUATION AND SELECTION FACTORS

The Government may award a contract without discussions with offerors in accordance with FAR 52.215-1. The Contracting Officer (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;

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;

• 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.

OFFEROR RATING SYSTEM (ORS)

The ORS factors are used to determine the competitive ranking of qualified offerors in comparison to the technical evaluation criteria. Offerors must demonstrate the rating factors outlined below within their resume, as they are evaluated strictly by the information provided.

Professional Experience (20 points):

• Experience working on a humanitarian response, including management of staff and/or programs.

• Experience working in conflict zones.

• Experience working in the Asia Region (Afghanistan, Bangladesh, Burma, Nepal, Pakistan, Philippines, and/or Thailand).

Skills and Abilities (20 points):

• Experience analyzing information to generate recommendations to senior decision makers.

• Ability to exercise independent judgment and ingenuity to devise innovative approaches to technical, administrative, managerial, and/or policy problems.

• Demonstrated diplomatic, interpersonal, and representational skills in order to work effectively in the midst of humanitarian crisis situations with:

o USAID and/or other USG officials;

o Other donors and diplomatic missions; and o International and national non-governmental humanitarian partners (PIOs, NGOs, etc.).

Communication: (15 Points):

• Demonstrated ability to communicate effectively, both orally and in writing, to counterparts, including PIOs, NGOs, and senior officials on policy and program matters.

• Experience in providing briefings and communicating effectively in meetings.

• Fluency/User knowledge of Bengali, Dari, Hindi, Nepali, Pashto, Rohingya, Tagalog, Thai, or Urdu.

Total Possible Professional Experience/Skills Points: 55 points Total Possible Interview Points: 35 points

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Total Possible Written Component Points: 10 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 resume based on the ORS. Those offerors determined to be competitively ranked will be evaluated on interview performance, a written component, and satisfactory professional reference checks.

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

The most qualified candidates will be interviewed. Please be advised that FFP will not pay for any expenses associated with the interviews. Professional references and academic credentials will be evaluated for offerors being considered for selection. 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. 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 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. USPSC Application form AID 309-2. Offerors are required to complete sections A through

I.

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 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 https://www.acquisition.gov/far/current/html/52_200_206.html and FAR 52.204-7, System for Award Management at https://www.acquisition.gov/far/current/html/52_200_206.html or www.sam.gov.

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:

mailto:ffprecruitmentteam@usaid.gov 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/

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

1. Complete, current resume.

2. USPSC Application 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 3-7 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.

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 (Jan 2019) 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 (Dec 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.

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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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)

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.

https://aoprals.state.gov/ https://www.usaid.gov/sites/default/files/documents/1868/aidar_0.pdf

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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/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) (AAPD 06-10)

(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 insurance provider and repay to USAID any amount the medevac insurer pays for medical travel, up to the

16 | Page 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 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]

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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-20-2c)

(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 by, 18 | Page 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.

(e) Holidays and Excused Absences.

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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. The contractor must provide advance notice of the pending military leave to the Contracting Officer or the Mission Director as soon as known. A copy of any such notice must be part of the contract file.

(g) Leave Without Pay (LWOP).

LWOP may be granted only with the written approval of the Contracting Officer or Mission Director, unless a USPSC is requesting for such leave for family and leave purposes under paragraph (i) below.

(h) Compensatory Time.

Compensatory time leave may be granted only with the written approval of the Contracting Officer or Mission Director in rare instances when it has been determined absolutely essential and used under those guidelines which apply to USAID U.S. direct-hire employees.

(i) Family and Medical Leave (FML)

(1…