DDI-DRG-PCI USPSC Sol_7200AA23R00102 (Democracy Specialist)_7.24.23 FE.pdf

SOLICITATION NUMBER: 7200AA23R00102

ISSUANCE DATE: 07/24/2023

CLOSING DATE AND TIME: 08/15//2023 at 2 PM EDT

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

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, Mir Ershadullah Contracting Officer

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

Solicitation # 7200AA23R00102 USPSC – Democracy Specialist

ATTACHMENT 1

I. GENERAL INFORMATION

1. SOLICITATION NO.: 7200AA23R00102

2. ISSUANCE DATE: 07/24/2023

3. CLOSING DATE/TIME FOR RECEIPT OF OFFERS: 08/15//2023 at 2 PM EDT

4. POINT OF CONTACT: Preeti Pancholi, email at ppancholi@usaid.gov.

5. POSITION TITLE: Democracy Specialist

6. MARKET VALUE: This position has been designated at the GS-13 equivalent level; D.C.

locality pay (GS-13 $112,015 - $145,617 per annum).

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.

7. PLACE OF PERFORMANCE: USAID/Washington, DC with possible travel overseas as stated in the Statement of Duties. Relocation expenses will not be reimbursed for U.S.-based positions. This position has been designated as suitable for remote work. The contractor will be authorized to perform the services under this contract from an alternative worksite. For PSCs authorized to remote work, the alternative worksite determines the locality pay for compensation purposes. The PSC may be asked to travel overseas up to 20% travel when needed.

8. PERIOD OF PERFORMANCE: Two-year Base Period, with up to three one-year Option Periods, estimated to start on within 45 days of receiving notification that required security clearance has been obtained. Based on the Agency need, the Contracting Officer may exercise

(an) additional option period(s) for one year, not to exceed a total of five years including all option periods, for the date(s) estimated as follows:

Base Period TBD

Option Period 1 TBD

Option Period 2 TBD

Option Period 3 TBD

9. ELIGIBLE OFFERORS: U.S. Citizens

10. SECURITY LEVEL REQUIRED: Secret

11. STATEMENT OF DUTIES

BACKGROUND

The Center for Democracy, Human Rights and Governance (DRG Center), within USAID’s Bureau for Development, Democracy and Innovation (DDI), provides technical advice and support to USAID missions implementing programs in democracy, human rights, and governance (DRG); generates and disseminates knowledge to build the DRG evidence base; and elevates the role of DRG in key USAID, U.S. Government, and multilateral strategies. The DRG Center includes more than 100 staff positions. In addition to the leadership team, the DRG Center has nine technical and support teams: Cadre Care and Development; Civil Society and Media; Democratic Resilience and Innovation; Democratic Elections and Political Processes;

Evidence and Learning; Governance; Justice, Rights, and Security; Policy, Coordination, and Integration (PCI); and Program. The functions of the Bureau and Center are described in ADS 101, though there are plans to create a new DRG Bureau later in the year. The transition to a new bureau will not affect the scope of work of this position.

One of the Administration’s highest priorities is to support reform-minded partners and surge support to countries experiencing democratic openings. The Agency has launched several initiatives to advance this effort. One such initiative, the Partnerships for Democratic Development (PDD) program, emerging from the Presidential Initiative for Democratic Renewal (PIDR), provides multi-year support to countries that demonstrate sustained democratic progress.

PDD is one of 14 USAID deliverables developed as part of the PIDR that emerged from the Summit for Democracy. Housed in the DRG Center, PDD operates with a particular focus on locally-led and inclusive democratic processes to identify and address a key development challenge that, if left unaddressed, may undermine their democratic development. In doing so, PDD brings together diverse stakeholders in government, civil society, and the private sector.

Through this approach, PDD will give voice to a broad spectrum of actors and help ensure that democracy delivers in their country. Another key initiative is the Democracy Delivers Initiative, which is focused on surging wide-ranging programmatic and diplomatic support to democratic reformers to help ensure that democracy delivers.

This successful offeror will be a member of the DRG Center’s PCI Team (and its subsequent iteration in the forthcoming DRG Bureau), providing technical support to PDD and related efforts and the DRG Center as a whole. This position will also provide surge support to DRG Center teams, Missions, and DRG-related initiatives and workstreams, with an emphasis on providing such surge support to PDD countries and countries that are part of the Democracy Delivers initiative. The position will require close coordination with the DRG Center’s Front Office, other PIDR initiative leads and DRG Center technical teams, USAID missions, and other sector teams and bureaus given the cross-sectoral nature of PDD.

The PCI Team leads the DRG Center’s engagement on DRG integration and sector-wide DRG policies, strategies, and budgets. The PCI Team provides leadership, advocacy, research, training and targeted technical assistance to promote the integration of the DRG principles of participation, inclusion, transparency, and accountability, across all sectors of Agency programming in order to improve governance and strengthen sustainability of USAID activities.

The Team represents USAID’s DRG sector in the annual global budget formulation and execution process, ensuring that budget levels are consistent with strategies and policy priorities.

The PCI Team’s Regional Coordinators are the Center’s primary interlocutors with DRG offices in USAID missions, regional bureaus, other technical Centers and bureaus, and provide regional knowledge and expertise to the Center. They also lead the DRG Center’s reviews of Country Development Cooperation Strategies, and other strategic, policy and program planning documents. The PCI Team further manages and coordinates technical assistance and regional support and leads the DRG Center’s efforts at supporting country-specific DRG assessments, political economy analyses, and strategies. Finally, the PCI Team champions the use of Thinking and Working Politically in DRG and across sectors in the agency.

Commitment to Diversity, Equity, Inclusion, and Accessibility (DEIA): All members of the DDI workforce are evaluated 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.

Statement of Duties

The Democracy Specialist will focus on support for several areas. PDD, which is just entering its inception phase, will be of focus for the successful offeror, and we anticipate at least 51% of time to be spent in support of PDD or PDD-related activities – although this may shift based on needs of PDD countries at different stages of implementation of PDD programs and year to year.

The focus across the scope of tasks for the successful offeror will be discussed in regular conversations with the supervisor and will be part of the work planning process. The successful offeror will specifically work on the following:

Illustrative PDD Activities

● Coordinate Washington-based facilitation of PDD activities, such as engagements with or presentations to Washington and mission staff, development of documents and memos, access by missions to technical support, and management and tracking of work carried out by PDD country points of contact.

● Support the provision of technical assistance to USAID field Missions to help them develop strategies, programs, or activities aimed at supporting democratic openings.

● Support efforts to coordinate PDD across missions.

● Help to manage monitoring, evaluation and learning (MEL) for PDD and other initiatives, as well as broader learning efforts across countries experiencing democratic openings.

● Help to manage reporting and communications for PDD, including reviewing Operational Plans and Performance Plan and Reports.

● Support PDD engagement efforts within and across nations, among governments, the private sector and civil society.

● Help to create a community of practice for PDD, with horizontal networks of learning among missions, governments, civil society, and other stakeholders.

● Establish strong communications among the stakeholders involved in PDD and/or related initiatives, particularly ensuring coordination and communication between PDD and Democracy Delivers.

● Support the review of relevant USAID assessment tools and the piloting of relevant assessment frameworks to assist missions in identifying binding constraints to democracy and opportunities for mutual partnership with partner country governments in addressing these constraints.

Illustrative Surge Support Activities

● Engage with and advise efforts to support DRG work in non-DRG sectors, with a prioritization on Partnerships for Democratic Development and Democracy Delivers initiatives countries.

● Provide support to the Democracy Delivers initiative, among other efforts, as needed -including coordinating diplomatic and programmatic engagement in DD countries, facilitating meetings, monitoring and tracking progress against DD commitments and country priorities, supporting the preparation of briefing materials, memos, speeches and other communications efforts.

● Help to plan, develop, and implement DRG program/project development activities that affect broad mission areas.

● Advise office, bureau and mission staff on a variety of DRG program/project issues.

● Participate in reviews of DRG projects, programs, and policies.

● Help to prepare briefing papers, reports, and other working documents on complex program issues.

The Democracy Specialist will also engage in other tasks and duties related to fulfilling the functions of the PCI Team and DRG Center as there is time available after meeting PDD and related requirements. This additional work includes advancing other Summit for Democracy priorities and initiatives, including program development, external engagement, and interagency collaboration, among other tasks. Additionally, the successful offeror will support PCI’s DRG integration efforts related to climate change, anti-corruption, and/or other cross-sectoral issues, and will be called upon to provide DRG technical assistance to USAID missions and other DRG Center technical teams. The successful offeror will also be responsive to evolving Administration and/or Summit for Democracy priorities that impact the DRG sector.

12. PHYSICAL DEMANDS

The work requested does not involve undue physical demands.

II. MINIMUM QUALIFICATIONS REQUIRED FOR THIS POSITION

● Must be a U.S. citizen.

● Must be able to obtain and maintain a Secret level security clearance.

● Education Requirement: Bachelor’s Degree

● Demonstrated relevant knowledge and skills.

● Three years of experience working on DRG issues in a USAID host country context, with at least one of those at the USPSC-13/GS-13 or equivalent level, is required.

● Experience working collaboratively and communicating effectively with assistance providers (such as USAID or other donors) and local and international organizations preferred.

● Demonstrated strong writing, organizational, and interpersonal skills.

● Must be able to travel internationally up to 20 percent of the time.

● Commitment to Diversity, Equity, Inclusion, and Accessibility (DEIA) leadership best practices in the workplace as well as democratic principles (participation, inclusion, transparency, accountability, nondiscrimination) in programming.

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.

Each sub-factor will be weighted equally within the rating factor. The Technical Evaluation Committee (TEC) will select candidates to interview based on a preliminary review of applications. References will be checked only for those candidates interviewed. The TEC can request references from others who know the candidate’s work in addition to the references provided by the candidate. Upon completion of interviews and reference checks, TEC members will revise their scores for those candidates.

The Evaluation Factors are used to determine the competitive ranking of qualified offerors in comparison to other offerors.

Offerors should cite specific, illustrative examples for each factor. Responses must be limited to 500 words per factor. Any additional words above the limit will neither be read nor scored.

The candidate with the highest overall score will be selected based on the criteria below:

1. Technical Expertise (40 points): Demonstrated expertise in supporting countries experiencing democratic openings. Demonstrated experience with DRG integration in other sectors, as well as DRG sub-sectors, e.g. anti-corruption, civil society and media, governance, elections and political processes, justice and security, and human rights.

Proven track record of working with international development organizations, particularly at the country level. Proficiency in particular skills, such as coordinating efforts, MEL, and developing learning networks. Understanding of political economy analysis; thinking and working politically; participation, inclusion, transparency and accountability. Knowledge of managing USG contracts and grants would also contribute to effective performance.

2. Communication (35 points): Demonstrated ability to communicate effectively orally and in writing. Proven track record of contributing to the analysis and synthesis of information for use by principals. Demonstrated productive and positive working relationships and communication with colleagues and peers. Skills developing and making creative presentations to peers and superiors.

3. Teamwork (25 points): Track-record of working effectively and collaboratively on diverse teams. Demonstrated ability to coordinate and achieve consensus across diverse stakeholders. Must demonstrate sound judgment and collegiality when working in environments with colleagues of diverse backgrounds and opinions.

BASIS OF RATING:

Offerors who meet the Minimum Qualifications will be further evaluated based on scoring of the Evaluation Factors, which will consider the offeror’s responses to the Evaluation Factors as well as information provided in other offer materials (e.g., form AID 309-2). The most qualified offeror(s) will be interviewed. USAID will not pay for any expenses associated with the interviews. Interviews will be conducted virtually. Professional references and academic credentials will be evaluated for offeror(s) being considered for selection. USAID reserves the right to contact previous employers to verify employment history. Please be advised that references may be obtained independently from other sources in addition to the ones provided by the offeror. Offerors may be requested to submit official academic transcripts or other certification showing that the offeror has obtained the required education level. Satisfactory verification of academic credentials is required prior to receiving an offer. USAID reserves the right to select additional offerors to fill possible future vacant positions if vacancies become available during the selection process.

Evaluation Factors have been assigned the following points:

1. Technical Expertise: 40 points

2. Communication: 35 points

3. Teamwork: 25 points

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

Total possible points: 100

IV. SUBMITTING AN OFFER

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

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

In order to fully evaluate your offer your resume must include:

(a) Paid and non-paid experience, job title, location(s), dates held (month/year), and hours worked per week for each position. Any experience that does not include dates (month/year), locations, and hours per week may not be counted towards meeting the solicitation requirements.

(b) Specific duties performed that fully detail the level and complexity of the work.

(c) Education and any other qualifications including job-related training courses, job-related skills, or job-related honors, awards or accomplishments. Upon request, transcripts and/or certifications must be submitted.

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 in this solicitation. At least one (1) reference must be from a direct supervisor (current or prior).

Submitted references MUST include the following information:

(a) Name of reference;

(b) Offeror’s relationship to the reference;

(c) Title of reference at current job;

(d) Reference current telephone number; and

(e) Reference current email address.

4. Supplemental document specifically addressing the Quality Ranking Factors. Responses are limited to no more than 500 words per factor. Any additional words above the limit will neither be read nor scored.

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.

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 may be punishable by fine or imprisonment.

NOTE REGARDING UNIQUE ENTITY ID (UEI) NUMBERS AND THE SYSTEM FOR

AWARD MANAGEMENT: All USPSCs with a place of performance in the United States are required to have a Unique Entity ID (UEI) number and be registered in the System for Award Management (SAM) database prior to receiving an award. You will be disqualified if you either fail to comply with this requirement or if your name appears on the excluded parties list.

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

NOTE: Registration for a UEI number and registration in SAM is FREE.

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

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)

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/sites/default/files/documents/1868/aidar_0.pdf.

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)

QUANTITY

(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:

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

[insert from Phoenix/GLAAS]

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. PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES

Subpart 52.2—Text of Provisions and Clauses

The following FAR clauses are hereby incorporated into this solicitation:

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.

(End of clause)

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.Chapter411.

(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.

The following FAR clauses are hereby incorporated by reference in accordance with FAR 52.252-2, “Clauses Incorporated by Reference.” The full text of each clause may be accessed on the Internet at this address: https://www.acquisition.gov/far/index.html

FAR NO. TITLE DATE

52.203-7 ANTI-KICKBACK PROCEDURES JUN 2020

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE

CERTAIN FEDERAL TRANSACTIONS JUN 2020

52.204-9 PERSONAL IDENTITY VERIFICATION OF

CONTRACTOR PERSONNEL JAN 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.215-2 AUDIT AND RECORDS—NEGOTIATIONS JUN 2020

52.222-50 COMBATING TRAFFICKING IN PERSONS NOV 2021

ALTERNATE I MAR 2015

52.224-1 PRIVACY ACT NOTIFICATION APR 1984

52.224-2 PRIVACY ACT APR 1984

52.229-8 TAXES—FOREIGN COST-REIMBURSEMENT CONTRACTS MAR 1990

52.232-17 INTEREST MAY 2014

52.232-20 LIMITATION OF COST APR 1984

52.232-22 LIMITATION OF FUNDS APR 1984

52.232-23 ASSIGNMENT OF CLAIMS MAY 2014

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-

SYSTEM FOR AWARD MANAGEMENT OCT 2018

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS,

EQUIPMENT AND VEGETATION APR 1984

52.242-1 NOTICE OF INTENT TO DISALLOW COSTS APR 1984

52.246-5 INSPECTION OF SERVICES – COST REIMBURSEMENT APR 1984

52.246-25 LIMITATION OF LIABILITY – SERVICES FEB 1997

52.252-2 CLAUSES INCORPORATED BY REFERENCE FEB 1998

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

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 Expenses (July 1993), section (i) entitled “Emergency and Irregular Travel and Transportation.” In the event of a medical emergency, when time does not permit consultation, the Mission Director may issue a Travel Authorization Form or Medical Services Authorization Form DS-3067, provided that the FSMP or Post Medical Advisor (PMA) is notified as soon as possible following such an issuance. The contractor must promptly file a claim with his or her medevac insurance provider and repay to USAID any amount the medevac insurer pays for medical travel, up to the amount USAID paid under this section. The contractor must repay USAID for medical costs paid by the medevac insurer in accordance with sections (f) and (g) below. In order for medical travel to be an allowable cost under General Provision 10, the contractor must provide USAID written evidence that medevac insurance does not cover these medical travel costs.

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

In that case, the contractor will be required to reimburse USAID in full for funds advanced by USAID pursuant to the issuance of the authorization. The contractor may reimburse USAID directly or USAID may offset the cost from the contractor’s invoice payments under this contract, any other contract the individual has with the U.S. Government, or through any other available debt collection mechanism.

(g) When USAID pays medical expenses (e.g., pursuant to Form DS-3067, Authorization for Medical Services for Employees and/or Dependents), repayment must be made to USAID either by insurance payment or directly by the contractor, except for the amount of such expenses USAID is obligated to pay under this provision. The Contracting Officer will determine the repayment amount in accordance with the terms of this provision and the policies and procedures for employees contained in 16 FAM 521. When USAID pays the medical expenses, including medical travel costs (see section (e) above), of an individual (either the contractor or an eligible family member) who is covered by insurance, that individual promptly must claim his or her benefits under any applicable insurance policy or policies. As soon as the individual receives the insurance payment, the contractor must reimburse USAID for the full amount that USAID paid on the individual’s behalf or the repayment amount determined by the Contracting Officer in accordance with this paragraph, whichever is less. If an individual is not covered by insurance, the contractor must reimburse USAID for the entire amount of all medical expenses and any travel costs the contractor receives from his/her medevac provider.

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

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

(End of Provision)

AAPD 16-02, Revision 3 - Clauses And Special Contract Requirements For Facilities Access, Security, and Information Technology (IT)

AIDAR 752.204-72 Contractor Access to USAID Facilities and USAID's Information Systems (APRIL 2018)

(DEVIATION NO. M-OAA-DEV-AIDAR-22-06c)

(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)

GENERAL PROVISIONS

1. DEFINITIONS (JUN 1990) [DEVIATION (MAY 2020)]

(a) “USAID” shall mean the Agency for International Development.

(b) “Administrator” shall mean the Administrator or the Deputy Administrator of USAID.

(c) “Contracting Officer” shall mean a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer acting within the limits of their authority as delegated by the Contracting Officer.

(d) “Contractor” shall mean the individual engaged to serve under this contract.

(e) “Cooperating Country” shall mean the foreign country in or for which services are to be rendered hereunder.

(f) “Cooperating Government” shall mean the government of the Cooperating Country.

(g) “Government” shall mean the United States Government.

(h) “Local currency” shall mean the currency of the Cooperating Country.

(i) “Mission” shall mean the United States USAID Mission, or principal USAID office, in the Cooperating Country, or USAID/Washington (USAID/W).

(j) “Mission Director” shall mean the principal officer in the Mission in the Cooperating Country, or his/her designated representative.

(k) “Technical Officer” shall mean the USAID official to whom the contractor reports, and who is responsible for monitoring the contractor’s performance.

(l) “Tour of duty” shall mean the contractor’s period of service under this contract and shall include orientation in the United States (less language training), authorized leave, and international travel.

(m) “Traveler” shall mean--

(1) The contractor in authorized travel status or

(2) Dependents of the contractor who are in authorized travel status.

(n) Dependents means:

(1) Spouse.

(2) Children (including step and adopted children) who are unmarried and under 21 years of age or, regardless of age, are incapable of self-support.

(3) Parents (including step and legally adoptive parents) of the contractor or of the spouse, when such parents are at least 51 percent dependent on the contractor for support.

(4) Sisters and brothers (including step or adoptive sisters or brothers) of the contractor, or of the spouse, when such sisters and brothers are at least 51 percent dependent on the contractor for support, unmarried and under 21 years of age, or regardless of age, are incapable of self-support.

(o) “U.S. Resident Alien”, as used in this contract, shall mean an alien immigrant, legally resident in the United States, the Commonwealth of Puerto Rico, or the possessions of the United States, and having a valid “Alien Registration and Receipt Card” (Immigration and Naturalization Service forms I-151 or I-551).

(p) Resident Hire U.S. Personal Services Contractor (USPSC) means a U.S. citizen or resident alien who, at the time of contract award --–

(i) resides in the cooperating country for reasons other than U.S. government or non-U.S.

government employment, under any contract or employment arrangement that provides repatriation to the U.S.; or

(ii) is a spouse or dependent of a U.S. citizen or resident alien who resides or will reside, in the cooperating country for the purpose of U.S. government or non-U.S. government employment, or under any contract or other arrangement that provides repatriation to the U.S.

2. COMPLIANCE WITH LAWS AND REGULATIONS APPLICABLE ABROAD (JUL

1993)

(a) Conformity to Laws and Regulations of the Cooperating Country. Contractor agrees that, while in the cooperating country, he/she as well as authorized dependents will abide by all applicable laws and regulations of the cooperating country and political subdivisions thereof.

(b) Purchase or Sale of Personal Property or Automobiles. To the extent permitted by the cooperating country, the purchase, sale, import, or export of personal property or automobiles in the cooperating country by the contractor shall be subject to the same limitations and prohibitions which apply to Mission U.S.-citizen direct-hire employees.

(c) Code of Conduct. The contractor shall, during his/her tour of duty under this contract, be considered an “employee” (or if his/her tour of duty is for less than 130 days, a “special Government employee”) for the…