Attachment 1_RFP No.7200AA23R00011 - USPSC Country Advisor.pdf

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

SUBJECT: Solicitation for U.S. Personal Service Contractor (USPSC) No. 7200AA23R00011 – Country

Advisor for Bureau for Latin America and the Caribbean (LAC), Office of South American Affairs

Dear Prospective Offerors:

The United States Government, represented by the U.S. Agency for International Development (USAID), is seeking offers from qualified persons to provide personal services under contract as described in this solicitation.

Offers must be in accordance with Attachment 1, Sections I through V of this solicitation. Incomplete or unsigned offers will not be considered. Offerors should retain copies of all offer materials for their records.

USAID will evaluate all offerors based on the stated evaluation criteria. USAID encourages all individuals, including those from disadvantaged and under-represented groups, to respond to the solicitation.

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

Any questions must be directed in writing to the Point of Contact specified in the attachment.

Sincerely, Maria N. Munoz

Contracting Officer

US Agency for International Development

SOLICITATION NUMBER: 7200AA23R00011

ISSUANCE DATE: December 20, 2022

CLOSING DATE: January 19, 2023

CLOSING TIME: 5:00p.m. Eastern Time

ATTACHMENT 1

Solicitation No. 7200AA23R00011

I. GENERAL INFORMATION

1. SOLICITATION NO.: 7200AA23R00011

2. ISSUANCE DATE: December 20, 2022

3. CLOSING DATE/TIME FOR RECEIPT OF OFFERS: January 19, 2023

4. POINT OF CONTACT: Sayed M. Wasim at swasim@usaid.gov

5. POSITION TITLE: Country Advisor

6. MARKET VALUE: $95,973.00 - $124,764.00 equivalent to GS-14, non-locality pay

Final compensation will be negotiated within the listed market value and will include Locality Pay for domestic USPSCs based on the location of the Official USAID Worksite, or the approved alternative worksite if approved for remote work. USPSCs performing overseas are not entitled to Locality Pay.

7. PLACE OF PERFORMANCE: US Embassy Colombia or other country within South America.

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

8. PERIOD OF PERFORMANCE: One (1) year base with four option years, for a total of five-years.

Subject to satisfactory performance, requirements of the program, and availability of funds.

Estimate to start on April 10, 2023. Based on Agency need, the Contracting Officer may exercise an additional option period(s) as follows:

Base Period: April 10, 2023 – April 9, 2024

Option Period 1: April 10, 2024 – April 9, 2025

Option Period 2: April 10, 2025 – April 9, 2026

Option Period 3: April 10, 2026 – April 9, 2027

Option Period 4: April 10, 2027 – April 9, 2028

9. ELIGIBLE OFFERORS: U.S Citizens Only

10. SECURITY LEVEL REQUIRED: Secret. The successful applicant shall be required to obtain a

Secret level security clearance, as a pre-condition for employment.

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

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

mailto:swasim@usaid.gov

11. STATEMENT OF DUTIES

BACKGROUND:

The U.S. is closely allied with partners in Latin America and the Caribbean through shared values, trade, and proximity. U.S. foreign policy interests in the region include support for democracy, trade, sustainable economic development, and fostering cooperation on issues such as crime and violence, drug trafficking, poverty reduction, and environmental protection. U.S. Agency for International Development (USAID) priorities in Latin America and the Caribbean include strengthening democratic institutions, promoting economic growth, increasing access to and quality of basic education and health services, and providing humanitarian relief to refugees, displaced persons, and natural disaster victims. The Bureau for Latin

America and the Caribbean (LAC) oversees implementation of development programs in 17 countries and four regional programs.

POSITION OVERVIEW

The purpose of this solicitation is to procure a Country Advisor to support development programs in South

America. The position would reside in a South American Embassy and will report to the Director of

USAID’s Office of South American Affairs in the Bureau of Latin America and the Caribbean (LAC/SA), or their designee.

The Country Advisor has responsibility to support the design, implementation, and management of program activities in assigned countries. The expertise provided by the incumbent will play a major role in contributing to Agency and Bureau identification and analysis of the key economic, political, and social problems in assigned South American countries. His/her findings and recommendations shall be vetted with senior Agency and Bureau management in briefings and reviews, and will help to define USAID’s strategic and project approaches.

OBJECTIVE

The objective of this recruitment is to ensure that USAID has a highly qualified Country Advisor in

Venezuela who will represent USAID and fulfill the duties and responsibilities of the position.

CORE FUNCTIONAL AREAS OF RESPONSIBILITY

The Country Advisor reports to the Director, Office of South American Affairs, Bureau for Latin America and the Caribbean (LAC) in USAID/Washington. The incumbent must be willing and available to fulfill the terms of this contract at an assigned post. It will be a family-accompanied post that does allow minor and/or adult dependents.

The Country Advisor principal responsibility will be development, oversight and management of a USAID country program. The incumbent will be called upon to represent USAID’s mission and programs to senior-level government officials, in-country visitors, senior officials from other international organizations, bilateral donors, and local government officials.

DUTIES AND RESPONSIBILITIES

The work of the Country Advisor requires teamwork, the exercise of discretion, judgment, and personal responsibility. Under the supervision of the Director of South American Affairs, or their designee, the

Country Advisor will:

● Conceptualize and design program strategies and objectives in close coordination with USAID personnel, U.S. Embassy, and local civil society officials, based on political analysis and U.S.

Government policy. When necessary, refine strategic objectives and advocate on behalf of new programmatic approaches in country, linked to neighboring country programs, where appropriate;

● Serve as USAID’s primary liaison with U.S. Embassy staff, foreign diplomatic staff, local government officials, UN organizations, indigenous and international NGOs, and other pertinent agencies and organizations. Develop and maintain collaborative relationships with them in order to ensure close coordination at the field level, identify the widest range of potential partners and opportunities, and achieve maximum synergy with other programs;

● Prepare operational plans in collaboration with the U.S. Embassy, including logistics and property use guidelines, closeout and hand-over, security procedures, contingency, and evacuation plans;

● Communicate and coordinate USAID in-country activities between USAID and its implementing partners, the U.S. Embassy, and other donor organizations;

● Design staffing plans as needed to meet overall program objectives and recruit, train, supervise, and evaluate the performance of in-country USAID staff;

● Monitor local and regional political developments and regularly brief USAID and partner staff on their potential programmatic impact;

● Manage and provide day-to-day programmatic, operational, and strategic guidance to USAID implementing partners (contractors and/or grantees, consistent with authorized AOR/COR responsibilities), ensure that activities are contributing to USAID’s program objectives and are within the partner’s scope;

● Provide recommendations to the Director, Office of South American Affairs, on implementing partner performance, the appropriateness of the partner’s scope to USAID’s country objectives, partner’s budgets, and modifications thereto;

● Provide USAID concurrence on all implementing partner activities, including final approval of grantees for grants under contract (subject to delegation of authority by the Contract/Agreement Officer), in accordance with USAID’s Automated Directives System;

● Ensure that USAID programs and their activities are monitored and evaluated and that lessons learned from the activities feed into ongoing or future activities;

● Analyze and report on current political developments and security concerns as well as other pertinent information required to achieve USAID program objectives;

● Ensure appropriate resource allocation to implementing partners;

● Prepare and maintain USAID program budgets for field operations;

● Ensure that all USAID and partner field staff adhere to in-country security guidelines set by the U.S.

Embassy Regional Security Officer and other organizations such as the United Nations or host government, as appropriate;

● Prepare and disseminate programmatic, financial and quarterly reports to USAID/Washington, the U.S.

Embassy, and other organizations as appropriate.

SUPERVISORY AND COLLABORATIVE RELATIONSHIP

The Country Advisor will report to the Director, Office of South American Affairs, Bureau for Latin

America and the Caribbean (LAC), or his/her designee. The Country Advisor will also serve as a member of the Embassy’s Country Team and is therefore required to interact and collaborate with staff up to the level of the Ambassador or his/her designee.

SUPERVISORY CONTROLS

The Supervisor will set overall objectives. The employee and the supervisor together will develop deadlines, projects, and work to be accomplished. Work plans, timesheets, regional travel, and funding associated with support costs will be approved through USAID Washington. The incumbent is expected to take initiative, act independently, and manage his/her tasks with minimal supervision.

PHYSICAL DEMANDS

The work is generally sedentary and does not pose undue physical demands. During site visits, there may be some additional physical exertion including long periods of standing, walking over rough terrain, or carrying of moderately heavy items (less than 50 pounds).

WORK ENVIRONMENT

While in post of assignment, the work is generally performed in an office environment. However, the position also requires travel throughout the host country, which may additionally involve special safety and/or security precautions, wearing of protective equipment, and exposure to severe weather conditions.

START DATE: April 2023, contingent on necessary clearances and availability of funds.

II. MINIMUM QUALIFICATIONS REQUIRED FOR THIS POSITION

(Determines basic eligibility for the position. Applicants who do not meet all of the education and experience factors are considered NOT qualified for the position. See detailed instructions for demonstrating Education/Experience under "Applying")

The USAID Country Advisor post is a senior-level position requiring supervisory management experience, the ability to serve as an effective liaison with a wide array of individuals and institutions and an in-depth knowledge of international relations in general and of the sub-region in particular. Familiarity with a wide range of issues is necessary, including, but not limited to, democracy/governance and human rights, conflict resolution, civil society strengthening and community development. Excellent interpersonal, presentation and negotiation skills are necessary. Experience in contract/grant management is required.

Prior work experience with the U.S. Government agencies and/or managing program operations in civil conflicts is preferred.

The successful candidate will possess excellent political analysis and reporting skills and the ability to operate with a high degree of autonomy, responsibility and sound judgment in politically charged and challenging security environments. Strong team-building skills are essential.

At a minimum, the applicant must have:

1. Bachelor's degree and a minimum of nine (9) years of progressively responsible work experience;

OR

Master's degree (with significant study in or pertinent to the specialized field, including, but not limited to, international development and social sciences) and a minimum of seven (7) years of progressively responsible work experience;

2. Minimum of six (6) years of recent project management experience with a USG foreign affairs agency, international assistance organization, or non-governmental organization, in democracy and governance, human rights activities, community development, economic development, political analysis, mediation/arbitration, conflict resolution, and/or international law;

3. Minimum of two (2) years of overseas field experience working in one or more developing countries undergoing political instability;

4. A minimum of two (2) years of supervisory experience (including but not limited to mentoring, training, and guiding staff); and

5. Fluency in Spanish 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 CO reserves the right at any point in the evaluation process to establish a competitive range of offerors with whom negotiations will be conducted pursuant to FAR 15.306(c). In accordance with FAR

52.215-1, if the CO determines that the number of offers that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the CO may limit the number of offerors in the competitive range to the greatest number that will permit an efficient competition among the most highly rated offers. The FAR provisions referenced above are available at https://www.acquisition.gov/browse/index/far.

Applicants will be evaluated on the extent and quality of education, experience, interpersonal and leadership skills, knowledge and technical skills, and their ability to demonstrate skills and experience in an interview, as they relate to this position against the following criteria:

Factor #1: Education Relevant to the Position 15 points

Factor #2: Professional Work Experience 25 points

Factor #3: Interpersonal and Leadership Skills 20 points

Factor #4: Knowledge and Technical Skills 25 points

Factor #5: Interview Performance 15 points

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

Total Possible Points: 100

The technical evaluation committee may check references that have not been specifically identified by applicants and may check references before or after a candidate is interviewed. Applicants who are selected for an interview will be contacted by the chairperson of the Technical Evaluation Committee. USAID will not pay for any expenses associated with the interviews.

The successful candidate will be selected based on a review of his/her qualifications, work experience, skills, and abilities; an interview; and the results of reference checks.

IV. SUBMITTING AN OFFER

1. Eligible offerors are required to complete and submit the offer form AID 309-2, “Offeror

Information for Personal Services Contracts with Individuals,” available at http://www.usaid.gov/forms.

2. A resume must be attached to the AID 309-2. Resumes must contain sufficient information to make a valid determination of meeting experience requirements as stated in this solicitation. This information should be clearly identified in the resume. Failure to provide information sufficient to determine qualifications for the position will result in loss of full consideration. In order to fully evaluate applications, resumes must include:

1. 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.

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

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

2. An appendix, or cover letter of up to two (2) pages, that demonstrates how prior experience and education directly address the evaluation criteria in the solicitation. Additional pages will not be considered.

3. Names and current contact information of three professional references that have knowledge of the applicant’s ability to perform the duties set forth in this solicitation.

4. Proof of U.S. Citizenship.

http://www.usaid.gov/forms

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

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

7. Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors - The Offeror will be required to show proof that the Offeror is fully vaccinated against COVID-19 on or before the first date of onboarding, or submit an approved reasonable accommodation to the CO. If the contractor does not meet this requirement the contract may be terminated.*

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

V. LIST OF REQUIRED FORMS PRIOR TO AWARD

The CO will provide instructions about how to complete and submit the following forms after an offeror is selected for the contract award:

Forms outlined below can found at https://www.usaid.gov/forms/

1. USAID Form AID 309-2

2. Contractor Physical Examination (AID Form 1420-62). **

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

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

5. Fingerprint Card (FD-258). **

** Forms 2 through 5 shall be completed only upon the advice of the Contracting Officer that an applicant is the successful candidate for the job.

VI. BENEFITS AND ALLOWANCES

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

1. BENEFITS:

(a) Employer's FICA Contribution

(b) Contribution toward Health & Life Insurance

(c) Pay Comparability Adjustment

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

(e) Eligibility for Worker's Compensation

(f) Leave and Holidays

2. ALLOWANCES:

Section numbers refer to rules from the Department of State Standardized Regulations (Government

Civilians Foreign Areas), available at https://aoprals.state.gov/content.asp?content_id=282&menu_id=101.

a) Temporary Lodging Allowance (Section 120).

b) Living Quarters Allowance (Section 130).

https://www.usaid.gov/forms/ https://aoprals.state.gov/content.asp?content_id=282&menu_id=101

c) Post Allowance (Section 220).

d) Supplemental Post Allowance (Section 230).

e) Separate Maintenance Allowance (Section 260).

f) Education Allowance (Section 270).

g) Education Travel (Section 280).

h) Post Differential (Chapter 500).

i) Payments during Evacuation/Authorized Departure (Section 600), and

j) Danger Pay (Section 650).

* Standardized Regulations (Government Civilians Foreign Areas).

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 USAID Acquisition Regulation (AIDAR) | U.S. Agency for International Development.

2. PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES

Subpart 52.2—Text of Provisions and Clauses

52.223-99 Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors, Alternate 70.

ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS (OCT

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

(a) Definition. As used in this clause -

United States or its outlying areas means—

(1) The fifty States;

(2) The District of Columbia;

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

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

(5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll.

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

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

September 14, 2021, 86 FR 50985).

(c) Personal Services Contracts with individuals. As a matter of policy, the contractor must comply with the

USAID’s guidance applicable to direct-hire federal employees.

(End of clause) https://www.usaid.gov/ads/policy/300/aidar

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

USAID will take no action to enforce the clause (FAR 52.223-99) implementing the requirements of

Executive Order 14042, absent further written notice from USAID, where the place of performance identified in the contract is in a U.S. state or outlying area subject to a court order prohibiting the application of requirements pursuant to the Executive Order (hereinafter, “Excluded State or Outlying

Area”). In all other circumstances, USAID will enforce the clause, except for contractor employees who perform substantial work on or in connection with a covered contract in an Excluded State or Outlying

Area, or in a covered contractor workplace located in an Excluded State or Outlying Area. A current list of such Excluded States and Outlying Areas is maintained at https://www.saferfederalworkforce.gov/contractors/.

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

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

ITEM NO

(A)

SUPPLIES/SERVICES (DESCRIPTION

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

0001 Base - Compensation and Fringe Benefits/Other

Direct Costs (ODCs)

Award Type: Cost Product Service Code: R497 Accounting Info: [insert from Phoenix/GLAAS]

1 LOT $___ $

1000 Option Period (OP) 1 – Compensation and ODCs Award Type: Cost Product Service Code: R497

Accounting Info: [insert from Phoenix/GLAAS]

1 LOT $ $

2000 Option Period (OP) 2 – Compensation and

ODCs Award Type: Cost Product Service Code: R497

Accounting Info: [insert from Phoenix/GLAAS]

1 LOT $ $

3000 Option Period (OP) 3 – Compensation and

ODCs Award Type: Cost Product Service Code: R497 Accounting Info: [insert from Phoenix/GLAAS]

1 LOT $ $

4000 Option Period (OP) 4 – Compensation and

ODCs Award Type: Cost Product Service Code: R497 Accounting Info: [insert from Phoenix/GLAAS]

1 LOT $ $

4. Acquisition and Assistance Policy Directives/Contract Information Bulletins (AAPDs/CIBs) for

Personal Services Contracts with Individuals available at http://www.usaid.gov/work-usaid/aapds-cibs.

AAPD 06-10 – PSC Medical Expense Payment Responsibility

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

https://www.usaid.gov/forms http://www.usaid.gov/work-usaid/aapds-cibs

FAR 52.222-50 – Revised Combating Trafficking in Persons

FAR Clause 52.222-50 is hereby incorporated as Appendix 2 to the solicitation.

Homeland Security Presidential Directive-12 (HSPD-12) (September 2006)

In response to the general threat of unauthorized access to federal facilities and information systems, the

President issued Homeland Security Presidential Directive-12. HSPD-12 requires all Federal agencies to use a common Personal Identity Verification (PIV) standard when identifying and issuing access rights to users of Federally-controlled facilities and/or Federal Information Systems.

USAID will begin issuing HSPD-12 “smart card” IDs to applicable contracts, using a phased approach.

Effective October 27, 2006, USAID will begin issuing new “smart card” IDs to new contractors (and new contractor employees) requiring routine access to USAID controlled facilities and/or access to

USAID’s information systems. USAID will begin issuance of the new smart card IDs to existing contractors (and existing contractor employees) on October 27, 2007. (Exceptions would include those situations where an existing contractor (or contractor employee) loses or damages his/her existing ID and would need a replacement ID prior to Oct 27, 2007. In those situations, the existing contractor (or contractor employee) would need to follow the PIV processes described below, and be issued one of the new smart cards.) Accordingly, before a contractor (including a PSC* or a contractor employee) may obtain a USAID ID (new or replacement) authorizing him/her routine access to USAID facilities, or logical access to USAID’s information systems, the individual must provide two forms of identity source documents in original form and a passport size photo. One identity source document must be a valid Federal or state government-issued picture ID. (Overseas foreign nationals must comply with the requirements of the Regional Security Office.) USAID/W contractors must contact the USAID Security

Office to obtain the list of acceptable forms of documentation, and contractors working in overseas

Missions must obtain the acceptable documentation list from the Regional Security Officer. Submission of these documents, and related background checks, are mandatory in order for the contractor to receive a building access ID, and before access will be granted to any of USAID’s information systems. All contractors must physically present these two source documents for identity proofing at their USAID/W or Mission Security Briefing. The contractor or his/her Facilities Security Officer must return any issued building access ID and remote authentication token to USAID custody upon termination of the individual’s employment with the contractor or completion of the contract, whichever occurs first. The contractor must comply with all applicable HSPD-12 and PIV procedures, as described above, and any subsequent USAID or government-wide HSPD-12 and PIV procedures/policies, including any subsequent related USAID General Notices, Office of Security Directives and/or Automated Directives

System (ADS) policy directives and required procedures. This includes HSPD-12 procedures established in USAID/Washington and those procedures established by the overseas Regional Security

Office. In the event of inconsistencies between this clause and later issued Agency or government-wide

HSPD-12 guidance, the most recent issued guidance should take precedence, unless otherwise instructed by the Contracting Officer. The contractor is required to include this clause in any subcontracts that require the subcontractor or subcontractor employee to have routine physical access to

USAID space or logical access to USAID’s information systems.

End of Provision

5. Ethical Conduct. By the acceptance of a USAID personal services contract as an individual, the contractor will be acknowledging receipt of the “Standards of Ethical Conduct for Employees of the

Executive Branch,” available from the U.S. Office of Government Ethics, in accordance with General

Provision 2 and 5 CFR 2635. See https://www.oge.gov/web/oge.nsf/OGE%20Regulations.

6. PSC Ombudsman

The PSC Ombudsman serves as a resource for any Personal Services Contractor who has entered into a contract with the United States Agency for International Development and is available to provide clarity on their specific contract with the agency. Please visit our page for additional information:

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

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

[END OF SOLICITATION]

https://www.oge.gov/web/oge.nsf/OGE%20Regulations https://www.usaid.gov/work-usaid/personal-service-contracts-ombudsman mailto:PSCOmbudsman@usaid.gov

APPENDIX 1

USPSC PROVISION “MEDICAL EXPENSE PAYMENT RESPONSIBILITY

(OCTOBER 2006) MEDICAL EXPENSE PAYMENT RESPONSIBILITY (OCTOBER

2006)

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

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

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

SERVICES.”

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

(see paragraph (f) of this provision).

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

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

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

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

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

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

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

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

In the event of a medical emergency, when time does not permit consultation, the Mission

Director may issue a Travel Authorization Form or Medical Services Authorization Form DS-

3067, provided that the FSMP or Post Medical Advisor (PMA) is notified as soon as possible following such an issuance. The contractor must promptly file a claim with his or her medevac http://www.foia.state.gov/REGS/fams.asp?level=2&id=59&fam=0) http://www.foia.state.gov/REGS/fams.asp?level=2&id=59&fam=0) insurance provider and repay to USAID any amount the medevac insurer pays for medical travel, up to the amount USAID paid under this section. The contractor must repay USAID for medical costs paid by the medevac insurer in accordance with sections (f) and (g) below. In order for medical travel to be an allowable cost under General Provision 10, the contractor must provide USAID written evidence that medevac insurance does not cover these medical travel costs.

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

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

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

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

Medical Services for Employees and/or Dependents), repayment must be made to USAID either by insurance payment or directly by the contractor, except for the amount of such expenses

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

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

USPSC/dependent.

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

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

[End of Provision]

APPENDIX 2

52.222-50 Combating Trafficking in Persons (Nov 2021)

(a) Definitions. As used in this clause-

Agent means any individual, including a director, an officer, an employee, or an independent contractor, authorized to act on behalf of the organization.

Coercion means-

(1) Threats of serious harm to or physical restraint against any person;

(2) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or

(3) The abuse or threatened abuse of the legal process.

Commercial sex act means any sex act on account of which anything of value is given to or received by any person.

Commercially available off-the-shelf (COTS) item —

(1) Means any item of supply (including construction material) that is—

(i) A commercial product (as defined in paragraph (1) of the definition of

“commercial product” at Federal Acquisition Regulation (FAR) 2.101;

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

Debt bondage means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined.

Employee means an employee of the Contractor directly engaged in the performance of work under the contract who has other than a minimal impact or involvement in contract performance.

Forced Labor means knowingly providing or obtaining the labor or services of a person-

(1) By threats of serious harm to, or physical restraint against, that person or another person;

(2) By means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; or

(3) By means of the abuse or threatened abuse of law or the legal process.

Involuntary servitude includes a condition of servitude induced by means of-

(1) Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such conditions, that person or another person would suffer serious harm or physical restraint; or

(2) The abuse or threatened abuse of the legal process.

Recruitment fees means fees of any type, including charges, costs, assessments, or other financial obligations, that are associated with the recruiting process, regardless of the time, Attachment 1

Solicitation No.: 7200AA23R00011 manner, or location of imposition or collection of the fee.

(1) Recruitment fees include, but are not limited to, the following fees (when they are associated with the recruiting process) for-

(i) Soliciting, identifying, considering, interviewing, referring, retaining, transferring, selecting, training, providing orientation to, skills testing, recommending, or placing employees or potential employees;

(ii) Advertising

(iii) Obtaining permanent or temporary labor certification, including any associated fees;

(iv) Processing applications and petitions;

(v) Acquiring visas, including any associated fees;

(vi) Acquiring photographs and identity or immigration documents, such as passports, including any associated fees;

(vii) Accessing the job opportunity, including required medical examinations and immunizations; background, reference, and security clearance checks and examinations; and additional certifications;

(viii) An employer's recruiters, agents or attorneys, or other notary or legal fees;

(ix) Language interpretation or translation, arranging for or accompanying on travel, or providing other advice to employees or potential employees;

(x) Government-mandated fees, such as border crossing fees, levies, or worker welfare funds;

(xi) Transportation and subsistence costs-

(A) While in transit, including, but not limited to, airfare or costs of other modes of transportation, terminal fees, and travel taxes associated with travel from the country of origin to the country of performance and the return journey upon the end of employment; and

(B) From the airport or disembarkation point to the worksite;

(xii) Security deposits, bonds, and insurance; and

(xiii) Equipment charges.

(2) A recruitment fee, as described in the introductory text of this definition, is a recruitment fee, regardless of whether the payment is-

(i) Paid in property or money;

(ii) Deducted from wages;

(iii) Paid back in wage or benefit concessions;

(iv) Paid back as a kickback, bribe, in-kind payment, free labor, tip, or tribute; or

(v) Collected by an employer or a third party, whether licensed or unlicensed, including, but not limited to-

(A) Agents;

(B) Labor brokers;

(C) Recruiters;

(D) Staffing firms (including private employment and placement firms);

(E) Subsidiaries/affiliates of the employer;

(F) Any agent or employee of such entities; and

(G) Subcontractors at all tiers.

Severe forms of trafficking in persons means-

(1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age;

or

(2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

"Sex trafficking" means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.

Subcontract means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.

Subcontractor means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor or another subcontractor.

United States means the 50 States, the District of Columbia, and outlying areas.

(b) Policy. The United States Government has adopted a policy prohibiting trafficking in persons including the trafficking-related activities of this clause. Contractors, contractor employees, and their agents shall not-

(1) Engage in severe forms of trafficking in persons during the period of performance of the contract;

(2) Procure commercial sex acts during the period of performance of the contract;

(3) Use forced labor in the performance of the contract;

(4) Destroy, conceal, confiscate, or otherwise deny access by an employee to the employee’s identity or immigration documents, such as passports or drivers' licenses, regardless of issuing authority;

(5)

(i) Use misleading or fraudulent practices during the recruitment of employees or offering of employment, such as failing to disclose, in a format and language understood by the employee or potential employee, basic information or making material misrepresentations during the recruitment of employees regarding the key terms and conditions of employment, including wages and fringe benefits, the location of work, the living conditions, housing and associated costs (if employer or agent provided or arranged), any significant costs to be charged to the employee or potential employee, and, if applicable, the hazardous nature of the work;

(ii) Use recruiters that do not comply with local labor laws of the country in which the recruiting takes place;

(6) Charge employees or potential employees recruitment fees; (7)

(i) Fail to provide return transportation or pay for the cost of return transportation upon the end of employment-

(A) For an employee who is not a national of the country in which the work is taking place and who was brought into that country for the purpose of working on a U.S.

Government contract or subcontract (for portions of contracts performed outside the United

States); or

(B) For an employee who is not a United States national and who was brought into the United States for the purpose of working on a U.S. Government contract or subcontract, if the payment of such costs is required under existing temporary worker programs or pursuant to a written agreement with the employee (for portions of contracts performed inside the United States); except that-

(ii) The requirements of paragraphs (b)(7)(i) of this clause shall not apply to an employee who is-

(A) Legally permitted to remain in the country of employment and who chooses to do so; or

(B) Exempted by an authorized official of the contracting agency from the requirement to provide return transportation or pay for the cost of return transportation;

(iii) The requirements of paragraph (b)(7)(i) of this clause are modified for a victim of trafficking in persons who is seeking victim services or legal redress in the country of employment, or for a witness in an enforcement action related to trafficking in persons. The contractor shall provide the return transportation or pay the cost of return transportation in a way that does not obstruct the victim services, legal redress, or witness activity. For example, the contractor shall not only offer return transportation to a witness at a time when the witness is still needed to testify. This paragraph does not apply when the exemptions at paragraph

(b)(7)(ii) of this clause apply.

(8) Provide or arrange housing that fails to meet the host country housing and safety standards; or

(9) If required by law or contract, fail to provide an employment contract, recruitment agreement, or other required work document in writing. Such written work document shall be in a language the employee understands. If the employee must relocate to perform the work, the work document shall be provided to the employee at least five days prior to the employee relocating. The employee’s work document shall include, but is not limited to, details about work description, wages, prohibition on charging recruitment fees, work location(s), living accommodations and associated costs, time off, roundtrip transportation arrangements, grievance process, and the content of applicable laws and regulations that prohibit trafficking in persons.

(c) Contractor requirements. The Contractor shall-

(1) Notify its employees and agents of-

(i) The United States Government's policy prohibiting trafficking in persons, described in paragraph (b) of this clause; and

(ii) The actions that will be taken against employees or agents for violations of this policy. Such actions for employees may include, but are not limited to, removal from the contract, reduction in benefits, or termination of employment; and

(2) Take appropriate action, up to and including termination, against employees, agents, or subcontractors that violate the policy in paragraph (b) of this clause.

(d) Notification.

(1) The Contractor shall inform the Contracting Officer and the agency Inspector General immediately of-

(i) Any credible information it receives from any source (including host country law enforcement) that alleges a Contractor employee, subcontractor, subcontractor employee, or their agent has engaged in conduct that violates the policy in paragraph (b) of this clause

(see also 18

U.S.C. 1351, Fraud in Foreign Labor Contracting, and 52.203-13(b)(3)(i)(A), if that clause is included in the solicitation or contract, which requires disclosure to the agency Office of the

Inspector General when the Contractor has credible evidence of fraud); and

(ii) Any actions taken against a Contractor employee, subcontractor, subcontractor employee, or their agent pursuant to this clause.

(2) If the allegation may be associated with more than one contract, the Contractor shall inform the contracting officer for the contract with the highest dollar value.

(e) Remedies. In addition to other remedies available to the Government, the

Contractor’s failure to comply with the requirements of paragraphs (c), (d), (g), (h), or (i) of this clause may result in-

(1) Requiring the Contractor to remove a Contractor employee or employees from the performance of the contract;

(2) Requiring the Contractor to terminate a subcontract;

action;

(3) Suspension of contract payments until the Contractor has taken appropriate remedial

(4) Loss of award fee, consistent with the award fee plan, for the performance period in which the Government determined Contractor non-compliance;

(5) Declining to exercise available options under the contract;

(6) Termination of the contract for default or cause, in accordance with the termination clause of this contract; or

(7) Suspension or debarment.

(f) Mitigating and aggravating factors. When determining remedies, the Contracting

Officer may consider the following:

(1) Mitigating factors. The Contractor had a Trafficking in Persons compliance plan or an awareness program at the time of the violation, was in compliance with the plan, and has taken appropriate remedial actions for the violation, that may include reparation to victims for such violations.

(2) Aggravating factors. The Contractor failed to abate an alleged violation or enforce the requirements of a compliance plan, when directed by the Contracting Officer to do so.

(g) Full cooperation.

(1) The Contractor shall, at a minimum-

(i) Disclose to the agency Inspector General information sufficient to identify the nature and extent of an offense and the individuals responsible for the conduct;

(ii) Provide timely and complete responses to Government auditors' and investigators' requests for documents;

(iii) Cooperate fully in providing reasonable access to its facilities and staff (both inside and outside the U.S.) to allow contracting agencies and other responsible Federal agencies to conduct audits, investigations, or other actions to ascertain compliance with the

Trafficking Victims Protection Act of 2000 (22 U.S.C. chapter 78), E.O. 13627, or any other applicable law or regulation establishing restrictions on trafficking in persons, the procurement of commercial sex acts, or the use of forced labor; and

(iv) Protect all employees suspected of being victims of or witnesses to prohibited activities, prior to returning to the country from which the employee was recruited, and shall not prevent or hinder the ability of these employees from cooperating fully with Government authorities.

(2) The requirement for full cooperation does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not-

(i) Require the Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine;

(ii) Require any officer, director, owner, employee, or agent of the Contractor, including a sole proprietor, to waive his or her attorney…