DDI-DRG-DEPP USPSC Senior Advisor Sol 9.13.22 signed.pdf

SOLICITATION NUMBER: 7200AA22R00119

ISSUANCE DATE: September 13, 2022

CLOSING DATE: April 28, 2023

SUBJECT: Solicitation for U.S. Personal Services Contractor (USPSC), Multiple Positions

Dear Prospective Offerors:

The United States Government, represented by the U.S. Agency for International Development (USAID), is seeking offers from qualified U.S. citizens to provide services as a Senior Elections and Political Processes Advisor – Washington DC under personal services contract as described in this solicitation. USAID intends to award up to five contracts.

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

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, including any costs associated with participation in interviews and negotiations.

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

Sincerely, Mir Ershadullah Contracting Officer

Mir M Ershadullah (affiliate)

Digitally signed by Mir M Ershadullah (affiliate) Date: 2022.09.13 09:59:08 -04'00'

ATTACHMENT 1 7200AA22R00119

I. GENERAL INFORMATION

1. SOLICITATION NO.: 7200AA22R00119

2. ISSUANCE DATE: September 13, 2022

3. CLOSING DATE AND TIME FOR RECEIPT OF OFFERS: April 28, 2023

This solicitation is open and continuous until April 28, 2023. The following are the closing dates and time for each review period:

● October 28, 2022, 5:00 pm EST

● January 27, 2023, 5:00 pm EST

● April 28, 2023, 5:00 pm EST

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

4. POINT OF CONTACT: Eileen Fanelli, via e-mail at: efanelli@usaid.gov.

5. POSITION TITLE: Senior Elections and Political Processes Advisor (Up to Five Positions)

6. MARKET VALUE: This position has been designated as a GS-14 equivalent level ($126,233 to $164,102 per year) (additional locality pay adjustments may apply depending on assignment location). Salaries over and above the GS-14 range will not be entertained or negotiated.

7. PERIOD OF PERFORMANCE: A two (2) year base period, with three (3) one-year options based on Agency need, as illustrated below assuming a start date following the first closing date for offers:

Base Period: January 2023 to January 2025 Option Period 1: January 2025 to January 2026 Option Period 2 January 2026 to January 2027 Option Period 3. January 2027 to January 2028

The actual start date must be within 30 days of receiving notification that required security clearance has been obtained (see item 10. below).

8. PLACE OF PERFORMANCE: Washington, DC with possible overseas travel estimated at up to

40% of time as stated in the Statement of Duties. These positions have been designated as telework eligible between 2 to 8 days per pay period at the sole discretion of the USPSC supervisor and execution of a telework agreement.

9. ELIGIBLE OFFERORS: Open to all US Citizens.

10. SECURITY CLEARANCE LEVEL REQUIRED: Secret

11. STATEMENT OF DUTIES

BACKGROUND

The Democratic Elections and Political Processes (DEPP) Division within USAID’s Center on Democracy, Human Rights, and Governance (DRG Center) provides technical leadership and support on elections, political processes and democratic political transitions to USAID field Missions, Washington bureaus, other USG entities, and the broader DRG international development community.

Elections and other political processes are pivotal to a country’s governance and can either greatly advance or set back a country’s long-term democratic transition, development reforms, and USG foreign policy priorities. USAID is uniquely positioned to support elections and democratic transitions with DRG experts serving in Missions throughout the world.

The DRG Center uses a comprehensive ‘election cycle’ approach that ensures close linkages among long, medium, and short-term interventions. It is not sufficient to focus only on election day, nor on a single election cycle. Because conducting elections and political processes requires focus on multiple and interconnected areas of DRG development work, the most significant gains can be made through early, comprehensive, and sustained support.

The DEPP Division provides comprehensive support to USG Missions, USAID bureaus, USG executive branch inter-agency, and other international development organizations and donors. This includes technical guidance, pre-election and election security assessments, strategy development, program design and evaluation assistance, training, flexible and timely funding (Elections and Political Processes Fund), access to long-term and rapid/flexible response implementing mechanisms, and policy support. The DEPP Division also directly manages analytic and flexible response activities and global, regional, and non- or limited-presence country programs. Support often continues after an election to ensure a peaceful transfer of power to a new government and to start work on the next election cycle. Delivering this support as a comprehensive package ensures coherence among assessments, evaluations, technical support, and short-, medium- and longer-term programs.

The DEPP Division offers technical leadership on specific issues and delivers technical assistance in areas including the protection and promotion of democratic governance in backsliding countries;

political party strengthening; democratic transition processes, including consensus-building and constitutional design; election administration; election security and prevention and mitigation of electoral violence; inclusion of vulnerable or marginalized populations in democratic processes;

electoral administration, election monitoring and observation/citizen oversight of elections; the use of new approaches and/or new technologies; and training for officials during transition to a new government. The DEPP Division also assists with developing electoral strategies, designing programs, and advising on program implementation and evaluation.

The DRG/DEPP Senior Field Advisor will provide support, both via TDY and Washington-based, to

Missions, Embassies, and other USAID bureaus. On TDY and in Washington, the DRG/DEPP Senior Field Advisor will work closely with USAID and Department of State colleagues to:

determine opportunities for USAID to support elections and political processes to create positive democratic change; design activities responding to those opportunities; work with partners to effectively implement those activities; monitor the impact of those activities; and other associated technical and managerial assistance. While in Washington, the DRG/DEPP Senior Field Advisor will also work closely with interagency colleagues on strategy, policy, and resource allocation issues.

DUTIES AND RESPONSIBILITIES

General

The USPSC’s responsibilities will be geographically world-wide, varied, and dynamic to reflect changing circumstances facing USAID and the DRG Center. The USPSCs are experts in the technical areas covering either democratic elections and/or political processes. Selected candidates must have documented specialized skills, knowledge and work experience directly related to elections and/or political transition development activities and are expected to carry out work assignments using independent professional judgment to ensure the provision of effective field support and technical leadership. The USPSCs will be responsible for work on countries or regions where additional DRG attention is needed through a combination of TDYs and Washington-based support.

Supervisory Relationship

At the GS-14 level, the DRG DEPP Division Chief or her/his designee will supervise the PSC and set overall objectives. The Division Chief and PSC will together develop a work plan that includes projects and deadlines. The PSC will also work closely with Bureau leadership and USAID Mission officials (when on TDY). The PSC will independently plan, design, and carry out sector assessments and activity design, implementation, and evaluation exercises that are considered technically complex.

Commitment to Diversity, Equity, Inclusion, and Accessibility (DEIA) All members of the DDI workforce are measured on how they foster a climate of respect in interactions with others, value differing perspectives, and treat others in a fair, equitable, and culturally sensitive manner. All employees are expected to adhere to equal employment opportunity (EEO) policies and value diversity and inclusion in performing everyday duties and responsibilities.

Program Advisor Duties at the GS-14 Equivalent Level:

The USPSCs duties will include:

a. Conduct multiple-week visits to USAID partner countries, including critical restricted environment countries globally to perform various DEPP assessments and provide senior-level technical assistance to the development of Mission strategy and activity design, activity procurement, and activity implementation tasks. Identify and balance interconnected issues both technical and financial relative to activity strategy and design.

b. Fill critical staffing needs in Washington including the provision of support to new country start-ups and on-call senior-level technical and activity management assistance;

c. Plan and execute, to include the management as COR/AOR, review, and monitoring of plans and activities of DRG implementing partners and ensure necessary coordination of partner programs with USAID mission and other international organizations;

d. Execute closeout activities related to DRG programs;

e. Provide technical assistance on the strategic and implementation level to ongoing evaluations of DRG programs in the field;;

f. Participate as a technical expert in assessing the feasibility of a country as a candidate for a DRG program;

g. Lead and/or participate in conceptualizing and designing country-specific technical and/or global programs;

h. Serve as a liaison with other USAID bureaus and offices and the State Department to ensure coordinated program and policy direction;

i. Within the guidelines provided by the relevant DRG/Washington Team Leader, negotiate program and project agreements with governmental and non-governmental counterparts;

j. Develop relationships with NGOs, international donors, USG agencies, academic institutions, and others interested in the DRG country program;

k. Serve as technical lead in the procurement process including technical evaluation committees for selecting contractors and grantees to work under DRG programs;

l. In close collaboration with the relevant DRG/Washington Team Leader, assist the development of DRG strategies and policies for the country, including the strategic analysis of upcoming elections worldwide;

m. Monitor and evaluate the country program, individual projects, and contractor and grantee performance.

Responsibility for Decision Making

At the GS-14 level, this PSC position serves as a top-level DEPP advisor for USAID globally. The PSC will report to the Chief of DRG’s DEPP Division. The PSC will be an experienced expert in the DPP field and will assist USAID globally in the design, management, and monitoring and evaluation of DEPP programs. The PSC will exercise independent judgment while performing work with wide latitude and of outstanding difficulty and responsibility. The PSC will have formal decision-making authority within the broader DEPP program area and will receive minimal day-to-day technical or policy guidance.

Complexity

At the GS-14 level, the PSC’s duties are significantly varied, requiring knowledge of multiple complicated processes and methods, and the ability to develop new techniques that are applied to a broad range of circumstances requiring a substantial depth of analysis. The PSC is required to support USAID regional bureaus and missions in making decisions on regional and country-specific issues and elements that require extensive research and analysis to determine the nature and scope of the problems. The PSC will be expected to contribute new technologies and approaches or develop new information to address continuing changes in the related programmatic, technological, and political environments. The PSC will develop and coordinate country-specific DEPP assistance strategies with specific goals, guidelines, and benchmarks. The PSC will overcome complicated issues such as balancing political pressure from US Government colleagues and host country counterparts, incorporating multi-disciplinary approaches and recent research findings, and resolving conflicts among possible technical solutions. The PSC will be expected to travel to and perform this work in restricted environments, such as Afghanistan and Iraq or limited/non-presence USAID countries.

Knowledge Level

At the GS-14 level, the PSC will have a degree with significant study in a pertinent field, and mastery of an area of specialization including, but not limited to, electoral security, political party strengthening, electoral administration, election monitoring and observation, civic or voter education, or the political participation of women and traditionally marginalized groups, and at least 10 years of progressively responsible experience in international development related to DEPP.

Performance Guidelines

At the GS-14 level, the PSC will work with guidelines from the Bureau and Agency that are broadly stated and non-specific, requiring extensive interpretation. The PSC will demonstrate sound judgment, technical expertise, and ingenuity in interpreting guidelines.

Scope and Effect

At the GS-14 level, the PSC will be actively and deeply involved in all DEPP sub-sectors (electoral security, political party strengthening, electoral administration, election monitoring and observation, civic or voter education, political participation, and others). Within these sub-sectors, the PSC will plan, organize, direct, design, and coordinate assistance, assessment, and evaluation activities as needed to meet the needs of USAID bureaus and missions. This work will require independent analysis, defining conditions and criteria, and resolving critical problems using creative approaches.

The PSC will lead interagency efforts to address critical DEPP issues, such as high-profile political transitions, and will maintain regular working relationships with counterparts in the Department of State and other agencies as needed. The PSC’s work may require working as a team leader and guiding and coordinating the work of technical staff, however the PSC will not have direct supervisory responsibility for USG direct hire staff but could be assigned supervisory/or management of other non-direct hire Institutional Service Contractors (ISCs) and/or Foreign Service Nationals (FSNs).

Level and Purpose of Contacts

At the GS-14 level, the PSC will serve as one of the Agency’s lead technical experts in DEPP matters and will advise USAID and interagency counterparts on matters relating to the US Government’s response to DEPP issues worldwide. The PSC will represent the US Government on such matters in meetings with foreign governments and multilateral institutions. The PSC will represent USAID to Congressional staff, the National Security Council, the Department of State, and other interagency counterparts. The PSC will maintain professional contact with senior level professionals of independent organizations advancing DEPP issues, including think-tanks, assistance implementers, professional organizations, and academic institutions. The PSC will represent USAID to these organizations in different forums, including conferences, workshops, panels, and more

12. PHYSICAL DEMANDS

The work is generally sedentary and does not pose undue physical demands. If traveling overseas, the incumbent may be subject to elements of physical exertion including longer period of standing, walking over rough terrain, or carrying moderately heavy items.

II. MINIMUM QUALIFICATIONS REQUIRED FOR THIS POSITION

Education/Experience Required:

At the GS-14 equivalent level the USPSC will have a university degree (minimum BA/BS) with significant study in a pertinent field, including but not limited to political science, government, international affairs, and international development, (verification required upon request for transcripts and/or certificates), and mastery of an area of specialization such that the PSC is recognized as an expert by other experts.

At the GS-14 equivalent level the USPSC will have at least 10 years of progressively responsible experience in:

● International development related to elections and political transitions.

● Senior/expert level program/project/activity design and management.

● Management and oversight of election and political processes development awards.

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.

Offerors who do not meet all of the selection factors are considered not qualified for the position.

The Offeror must:

● Be a U.S. Citizen. Note that dual citizens may be asked to renounce second-country citizenship.

● Meet minimum educational and experience requirements. USAID reserves the right to contact previous employers to verify employment history.

● Provide a complete offer as described herein.

● Obtain a secret level security clearance. If a full security investigation package is not submitted by the selected candidate within 30 days after it is requested, the offer may be rescinded. If a security clearance is not able to be obtained within four months following submittal of the initial security clearance documentation, the offer maybe rescinded.

● Verification of academic credentials.

The following Evaluation and Selection Factors are used to determine the competitive ranking of qualified Offerors.

1. Technical Expertise (60 points)

Demonstrated ability to provide high-level analysis and technically sound recommendations on complex elections and political transitions issues in dynamic country contexts. Demonstrated technical expertise in conceptualizing strategies and designing evidence-based programs to support elections and political transitions in countries involved in the establishment, restoration, or consolidation of democratic processes. Demonstrated expertise in program/project administration, both technical, and cost and schedule compliance. Documentation of successful program/project outcomes, and experience identifying and implementing corrective action to achieve program/project goals.

2. Communication (30 points)

Demonstrated ability to communicate effectively orally and in writing with high-level officials or at elections and political transitions-related forums with minimal editing or supervision. Proven track record of quickly gathering, analyzing and synthesizing information for use by principals.

Demonstrated productive and positive working relationships and communication with colleagues and peers. Demonstrated success maintaining program and project documentation and records.

3. Teamwork (10 points)

Documented record of working effectively and collaboratively on diverse teams, both as a team leader and as a team member. Sound judgment and collegiality when working in environments with colleagues of diverse backgrounds, managing project teams and working groups, demonstrated experience in resolving differences of opinions, facilitating consensus, and summarizing recommendations of diverse teams/working groups.

Evaluation and Selection Factors are assigned the following points:

1. Technical Expertise: 60 points

2. Communication: 30 points

3. Teamwork: 10 points

Total possible pre-interview points: 100

The most qualified Offeror(s) will be interviewed using a standardized approach and consistent set of questions. Interviews will be scored based on responses to the standard questions.

Total possible interview points: 50

Satisfactory Professional Reference Checks – Pass/Fail (no points assigned) Professional references for the Offeror(s) with the highest combined pre-interview and interview score will be checked. Reference checks are used to verify the Offeror’s relevant technical expertise, communications, and teamwork skills as outlined above. USAID can request references from others who know the candidate’s work in addition to the references provided by the candidate. Reference checks are judged as “Pass/Fail.” Any Offeror who fails the reference check will not be considered further.

BASIS OF RATING:

Offerors who clearly meet the minimum Education/Experience Requirements will be further evaluated based on scoring of the Evaluation and Selection Factor responses. Failure to specifically address the Evaluation and Selection Factors may result in your not receiving credit for all your pertinent experience, education, training and/or awards. Offers (written materials and interviews) will be evaluated based on content as well as on the offerors’ writing, presentation, and communication skills. Offerors will be evaluated to determine the most highly qualified. If an Offeror has fully demonstrated her/his/their qualifications and there are no other competitive Offerors, USAID reserves the right to forgo the interview process. Professional references and academic credentials will be evaluated for the highest rated Offeror(s) being considered for selection.

IV. SUBMITTING AN OFFER

Offers must be received by the closing dates and times specified in Section I, item 3, and submitted to the Point of Contact in Section I, item 4.

Offeror submissions must clearly reference the Solicitation number and Offeror’s name on all submitted documents. Eligible Offerors are required to complete and submit:

1. The offer form AID 309-2, “Offeror Information for Personal Services Contracts with Individuals,” available at http://www.usaid.gov/forms.

2. A complete resume. To fully evaluate your offer, your resume must include:

● Paid and non-paid experience, job title, locations(s), dates held (month/year), and hours worked per week for each position. Dates (month/year) and locations for all overseas field experience must also be detailed.

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

● Names and contact information (phone and email) for your current and/or previous supervisor(s).

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

● U.S. Citizenship.

3. List of References: Offerors must submit three (3) professional references, who are not family members or relatives, who have knowledge of the Offeror’s ability to perform the duties set forth herein. At least one reference must be from a direct supervisor (current or prior). Submitted references must include the following:

● Name of reference.

● Offeror’s relationship to the reference.

● Title of reference at current job.

● Reference current telephone number.

● Reference current email address.

4. Supplemental document specifically addressing each of the three evaluation factors stated in the solicitation. The supplemental document must:

● Address each of the Evaluation and Selection Factors.

● Describe specifically and accurately what experience, training, education and/or awards the

Offeror has received that are relevant to each factor.

● Cite specific, illustrative examples for each factor.

● Contain no more than 500 words per factor. Any additional words above the 500-word limit will neither be read nor scored.

Additional documents submitted will not be accepted. Incomplete or late offers will not be considered.

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 maybe punishable by fine or imprisonment.

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:

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

Sensitive Positions (SF-85)

2. Finger Print Card (FD-258)

3. Employment Eligibility Verification (I-9 Form)

4. Declaration for Federal Employment (OF-306)

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

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 Offeror does not meet this requirement the contract may be terminated.

Note Regarding Unique Entity Identifier (UEI) and the System for Award Management (SAMs): In accordance with FAR 4.1102 and ADS 309.3.1.13(b)(1), USPSCs must be registered in the SAMs prior to award. For general information about UEI numbers and SAM, please refer to FAR Clause 52.204-6 Unique Entity Identifier and FAR 52.204-7 System for Award Management.

Registration for a UEI number and SAMS is free. Offerors who fail to comply with this requirement or Offerors e name appears as an excluded party will be disqualified for award.

VI. BENEFITS AND ALLOWANCES

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

1. BENEFITS:

(a) Employer's FICA Contribution

(b) Contribution toward Health & Life Insurance

(c) Pay Comparability Adjustment

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

(e) Eligibility for Worker's Compensation

(f) Annual and Sick Leave

2. ALLOWANCES:

Section numbers refer to rules from the Department of State Standardized Regulations (Government Civilians Foreign Areas), available at https://aoprals.state.gov/content.asp?content_id=282&menu_id=101

(a) Temporary Quarter Subsistence Allowance (Section 120)

(b) Living Quarters Allowance (Section 130)

(c) Cost-of-Living Allowance (Chapter 210)

(d) Post Allowance (Section 220)

(e) Separate Maintenance Allowance (Section 260)

(f) Education Allowance (Section 270)

(g) Education Travel (Section 280)

(h) Post Differential (Chapter 500)

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

(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/ads/policy/300/aidar. See Appendix D, section 12. General Provisions for a Contract with a U.S. Citizen or a U.S. Resident Alien for Personal Services Abroad.

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

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

LINE ITEMS

ITEM

NO

(A)

SUPPLIES/SERVICES

(DESCRIPTION) (B)

QUANTIT

Y (C)

UNIT

(D)

UNIT

PRICE

(E)

AMOUNT (F)

0001 Base Period - Compensation, Fringe Benefits and Other Direct Costs (ODCs) - Award Type: Cost

- Product Service Code: [e.g.

R497] - Accounting Info: [insert one or more citation(s) from Phoenix/GLAAS]

1 LOT $_TBD $_TBD at Award after negotiations with Contractor

1001 Option Period 1 – Compensation, Fringe Benefits and Other Direct Costs (ODCs) - Award Type: Cost

- Product Service Code: [e.g.

R497] - Accounting Info: [insert from Phoenix/GLAAS]

1 LOT $_TBD $_TBD at Award after negotiations with Contractor

2001 Option Period 2 – Compensation, Fringe Benefits and Other Direct Costs (ODCs) - Award Type: Cost

- Product Service Code: [e.g.

R497] - Accounting Info: [insert from Phoenix/GLAAS]

1 LOT $_TBD $_TBD at Award after negotiations with Contractor

3001 Option Period 3 – Compensation, Fringe Benefits and Other Direct Costs (ODCs) - Award Type: Cost

- Product Service Code: [e.g.

R497] - Accounting Info: [insert from Phoenix/GLAAS]

1 LOT $_TBD $_TBD at Award after negotiations with Contractor

3. 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/Resources/Standards+of+Ethical+Conduct+for+Employees+o f+the+Executive+Branch.

4. 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

5. 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.

(a) AAPD 16-02 REVISED – Clauses and Special Contract Requirements for Facilities Access, Security, and Information Technology (IT)

752.204-72 CONTRACTOR ACCESS TO USAID FACILITIES AND USAID’S

INFORMATION SYSTEMS (APRIL 2018)

(DEVIATION NO. M/OAA-DEV-AIDAR-18-2c)

(a) HSPD-12 and Personal Identity Verification (PIV). Individuals engaged in the performance of this award as employees, consultants, or volunteers of the contractor must comply with all applicable Homeland Security Presidential Directive-12 (HSPD-12) and Personal Identity Verification (PIV) procedures, as described below, and any subsequent USAID or Government-wide HSPD-12 and PIV procedures/policies.

(b) A U.S. citizen or resident alien engaged in the performance of this award as an employee, consultant, or volunteer of a U.S firm may obtain access to USAID facilities or logical access to USAID's information systems only when and to the extent necessary to carry out this award and in accordance with this clause. The contractor's employees, consultants, or volunteers who are not U.S.

citizens or resident aliens as well as employees, consultants, or volunteers of non-U.S. firms, irrespective of their citizenship, will not be granted logical access to U.S. Government information technology systems (such as Phoenix, GLAAS, etc.) and must be escorted to use U.S. Government facilities (such as office space).

(c) (1) No later than five business days after award, the Contractor must provide to the Contracting Officer’s Representative (COR) a complete list of employees that require access to USAID facilities or information systems.

(2) Before a contractor (or a contractor employee, consultant, or volunteer) or subcontractor at any tier may obtain a USAID ID (new or replacement) authorizing the individual routine access to USAID facilities in the United States, or logical access to USAID's information systems, the individual must provide two forms of identity source documents in original form to the Enrollment Office personnel when undergoing processing. One identity source document must be a valid Federal or State Government-issued picture ID. Contractors may contact the USAID Security Office to obtain the list of acceptable forms of documentation. Submission of these documents, to include documentation of security background investigations, is mandatory in order for the Contractor to receive a PIV/Facilities Access Card (FAC) card and be granted access to any of USAID's information systems. All such individuals must physically present these two source documents for identity proofing at their enrollment.

(d) The Contractor must send a staffing report to the COR by the fifth day of each month. The report must contain the listing of all staff members with access that separated or were hired under this contract in the past sixty (60) calendar days. This report must be submitted even if no separations or hiring occurred during the reporting period. Failure to submit the ‘Contractor Staffing Change Report’ each month may, at USAID’s discretion, result in the suspension of all logical access to USAID information systems and/or facilities access associated with this contract. USAID will establish the format for this report.

(e) Contractor employees are strictly prohibited from sharing logical access to USAID information systems and Sensitive Information. USAID will disable accounts and revoke logical access to USAID IT systems if Contractor employees share accounts.

(f) USAID, at its discretion, may suspend or terminate the access to any systems and/or facilities when a potential Information Security Incident or other electronic access violation, use, or misuse incident gives cause for such action. The suspension or termination may last until such time as USAID determines that the situation has been corrected or no longer exists.

(g) The Contractor must notify the COR and the USAID Service Desk at least five business days prior to the Contractor employee’s removal from the contract. For unplanned terminations of Contractor employees, the Contractor must immediately notify the COR and the USAID Service Desk (CIOHELPDESK@usaid.gov or (202) 712-1234). The Contractor or its Facilities Security Officer must return USAID PIV/FAC cards and remote authentication tokens issued to Contractor employees to the COR prior to departure of the employee or upon completion or termination of the contract, whichever occurs first.

(h) The contractor is required to insert this clause including this paragraph (h) in any subcontracts that require the subcontractor, subcontractor employee, or consultant to have routine physical access to USAID space or logical access to USAID's information systems.

(END OF CLAUSE)

6. PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES

Subpart 52.2—Text of Provisions and Clauses

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.

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/.

52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

(a) The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or, to deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent fee.

(b) “Bona fide agency,” as used in this clause, means an established commercial or selling agency, maintained by a contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence.

“Bona fide employee,” as used in this clause, means a person, employed by a contractor and subject to the contractor’s supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence.

“Contingent fee,” as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract.

“Improper influence,” as used in this clause, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five years.

52.233-1 DISPUTES (MAY 2014) – Alternate I (DEC 1991)

(a) This contract is subject to 41 U.S.C chapter 71, Contract Disputes.

(b) Except as provided in 41 U.S.C chapter 71, all disputes arising under or relating to this contract shall be resolved under this clause.

(c) “Claim,” as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract.

However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $100,000 is not a claim under 41 U.S.C chapter 71 until certified. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under 41 U.S.C chapter 71. The submission may be converted to a claim under 41 U.S.C chapter 71, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time.

(d)

(1) A claim by the Contractor shall be made in writing and, unless otherwise stated in this contract, submitted within 6 years after accrual of the claim to the Contracting Officer for a written decision.

A claim by the Government against the Contractor shall be subject to a written decision by the Contracting Officer.

(2)

(i) The Contractor shall provide the certification specified in paragraph (d)(2)(iii) of this clause when submitting any claim exceeding $100,000.

(ii) The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim.

(iii) The certification shall state as follows: “I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable; and that I am authorized to certify the claim on behalf of the Contractor.”

(3) The certification may be executed by any person authorized to bind the Contractor with respect to the claim.

(e) For Contractor claims of $100,000 or less, the Contracting Officer must, if requested in writing by the Contractor, render a decision within 60 days of the request. For Contractor-certified claims over $100,000, the Contracting Officer must, within 60 days, decide the claim or notify the Contractor of the date by which the decision will be made.

(f) The Contracting Officer’s decision shall be final unless the Contractor appeals or files a suit as provided in 41 U.S.C chapter 71.

(g) If the claim by the Contractor is submitted to the Contracting Officer or a claim by the Government is presented to the Contractor, the parties, by mutual consent, may agree to use alternative dispute resolution (ADR). If the Contractor refuses an offer for ADR, the Contractor shall inform the Contracting Officer, in writing, of the Contractor’s specific reasons for rejecting the offer.

(h) The Government shall pay interest on the amount found due and unpaid from (1) the date that the Contracting Officer receives the claim (certified, if required); or (2) the date that payment otherwise would be due, if that date is later, until the date of payment. With regard to claims having defective certifications, as defined in FAR 33.201, interest shall be paid from the date that the Contracting Officer initially receives the claim. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each 6-month period as fixed by the Treasury Secretary during the pendency of the claim.

(i) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under or relating to the contract, and comply with any decision of the Contracting Officer.

52.247-63 PREFERENCE FOR U.S.-FLAG AIR CARRIERS (JUN 2003)

(a) Definitions. As used in this clause-

“International air transportation” means transportation by air between a place in the United States and a place outside the United States or between two places both of which are outside the United States.

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

“U.S.-flag air carrier” means an air carrier holding a certificate under 49 U.S.C. Chapter 411.

(b) Section 5 of the International Air Transportation Fair Competitive Practices Act of1974 (49 U.S.C.40118) (Fly America Act) requires that all Federal agencies and Government contractors and subcontractors use U.S.-flag air carriers for U.S. Government-financed international air transportation of personnel (and their personal effects) or property, to the extent that service by those carriers is available. It requires the Comptroller General of the United States, in the absence of satisfactory proof of the necessity for foreign-flag air transportation, to disallow expenditures from funds, appropriated or otherwise established for the account of the United States, for international air transportation secured aboard a foreign-flag air carrier if a U.S.-flag air carrier is available to provide such services.

(c) If available, the Contractor, in performing work under this contract, shall use U.S.-flag carriers for international air transportation of personnel (and their personal effects) or property.

(d) In the event that the Contractor selects a carrier other than a U.S.-flag air carrier for international air transportation, the Contractor shall include a statement on vouchers involving such transportation essentially as follows:

Statement of Unavailability of U.S.-Flag Air Carriers

International air transportation of persons (and their personal effects) or property by U.S.-flag air carrier was not available or it was necessary to use foreign-flag air carrier service for the following reasons (see section 47.403 of the Federal Acquisition Regulation): [State reasons]:

(End of Statement)

(e) The Contractor shall include the substance of this clause, including this paragraph (e), in each subcontract or purchase under this contract that may involve international air transportation.

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE. (Oct 2018)

(a) Definitions. As used in this clause—

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management (SAM) records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that–

(1) The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into SAM;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and

Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the

Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record "Active".

System for Award Management (SAM) means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes–

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with

FAR subpart 4.12; and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b) If the solicitation for this contract contained the provision 52.204-7 with its Alternate I, and the

Contractor was unable to register prior to award, the Contractor shall be registered in SAM within 30 days after award or before three days prior to submission of the first invoice, whichever occurs first.

(c) The Contractor shall maintain registration in SAM during contract performance and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement. The Contractor is responsible for the currency, accuracy and completeness of the data within SAM, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in SAM after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in SAM to ensure it is current, accurate and complete.

Updating information in SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(d)

(1)

(i) If a Contractor has legally changed its business name or "doing business as" name

(whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to—

(A) Change the name in SAM;

(B) Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible

Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (d)(1)(i) of this clause, or fails to perform the agreement at paragraph (d)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract…