DDI-DRG USPSC CSM Assistant Sol 7200AA22R00078_final 5.20.22.pdf

SOLICITATION NUMBER: 7200AA22R00078

ISSUANCE DATE: May 20, 2022

CLOSING DATE AND TIME: June 20, 2022, 4:00 PM EST

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

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 Civil Society and Media (CSM) Program Assistant – Washington DC GS-11 to GS-12 equivalent under personal services contract as described in this solicitation.

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: 2022.05.20 12:09:45 -04'00'

ATTACHMENT 1 7200AA22R00078

I. GENERAL INFORMATION

1. SOLICITATION NO.: 7200AA22R00078

2. ISSUANCE DATE: May 20, 2022

3. CLOSING DATE AND TIME FOR RECEIPT OF OFFERS: June 20, 2022, 4:00 PM EST

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

5. POSITION TITLE: CSM Program Assistant

6. MARKET VALUE: This position has been designated as a “ladder” position. The highest level of this position is a GS-12 ($89,834 to $116,788 per annum); however, USAID intends to fill this position at the GS-11 ($74,950 to $97,430 per annum) equivalent level, Washington D.C. locality pay. Final compensation will be negotiated within the listed market value, based on qualifications, previous relevant work experience and work history, salary, and educational background. Salaries over and above the pay range will not be entertained or negotiated. Offerors who live outside the Washington, D.C. area will be considered for employment, but no relocation expenses will be reimbursed.

Following at least one year at the GS-11 grade, the Offeror may have the opportunity for advancement to the GS-12 equivalent grade. In order to be advanced to the higher grade, the incumbent must meet the minimum qualifications of the higher grade and advancement is subject to a successful annual performance evaluation conducted most recently. The evaluation must include a statement by the supervisor that the incumbent is performing successfully at the current grade and is considered ready to perform at the higher grade level. Neither advancement nor extension of the contract is guaranteed.

7. PERIOD OF PERFORMANCE: A two (2) year base period, with three (3) one-year options based on Agency need, for the date(s) estimated as follows:

Base Period: September 2022 to September 2024 Option Period 1: September 2024 to September 2025 Option Period 2 September 2025 to September 2026 Option Period 3. September 2026 to September 2027

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. This position has been designated as Telework

Eligible 3 to 8 days per pay period and at the discretion of the PSC’s supervisor.

9. ELIGIBLE OFFERORS: Open to all US Citizens.

10. SECURITY CLEARANCE LEVEL REQUIRED: Secret

11. STATEMENT OF DUTIES

BACKGROUND

The position is in the Bureau for Development, Democracy and Innovation’s Human Rights and Governance Center’s (DDI/DRG), Civil Society and media (CSM) technical team. The Center for Democracy, Human Rights and Governance (DRG Center) focuses on advocating for democratic governance, driving important research, and supporting over 90 field missions worldwide to develop and implement programs. USAID’s DRG sector includes support for good governance, rule of law, elections and political processes, civil society and media, human rights, and other DRG fields. DRG’s CSM team provides technical leadership and support on civil society and media, including youth and labor issues, programs.

The CSM Team is a dynamic, experienced, creative team in the DRG Center that manages several large global programs, assists field Missions with program design and learning, and generates comparative knowledge on effective approaches to strengthening and supporting civil society, media, digital technology, internet freedom, labor rights, civic education, and/or civic movements. The CSM Team is involved in several high-profile workstreams related to the President’s Summit for Democracy agenda.

The CSM Team generates comparative knowledge on effective approaches for strengthening civil society and independent media; pilots state-of-the-art approaches to civil society and media support;

strengthens the Agency’s DRG staff through training and technical support; conducts assessments, strategy and program designs, and evaluations; and designs and manages a targeted portfolio of global programs. The CSM Team promotes innovations in civil society, media, labor, and youth, as a means for addressing development challenges, and represents USAID in international processes, networks, and working groups.

For more information, see: https://www.usaid.gov/democracy

DUTIES AND RESPONSIBILITIES

General The CSM Program Assistant is located in the DRG Center. The incumbent supports the implementation of CSM, DRG and Agency priorities, by providing technical and program management support to the CSM Team on the programmatic, learning, and Summit for Democracy workstreams.

Supervisory Relationship The CSM Program Assistant will report to CSM Team Lead or his/her designate.

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.

CSM Program Assistant Duties at the GS-11 Equivalent Level:

The Program Assistant PSC is expected to carry out a diverse set of work assignments related to USAID's approaches with technical oversight, and direction from the CSM Team Leader or a designate.

The Program Assistant’s position includes the following responsibilities:

Program Support

● Assist with activity management on awards related to civil society and media development, internet freedom, and labor rights, including administrative tasks.

● Assist with the preparation and review of briefing papers, talking points, and reports for DDI senior management, the NSC, the State Department and others on CSM activities and progress as needed.

● Assist the CSM team in responding to ad hoc short-fuse requests for information and input related to the Summit for Democracy or other CSM technical subject areas.

Summit for Democracy

● Assist and support the CSM Team on Summit for Democracy workstreams, including interagency engagement, administrative tasks, and review of documents related to Summit for Democracy initiatives.

● Assist with the drafting and reviewing of briefing papers and reports for DDI senior management, the NSC, the State Department and others on CSM activities and progress as needed.

Learning

● Provide input and assistance on the development of learning and research products related to civil society, media, digital technology, internet freedom, labor rights, civic education, and/or civic movements.

Responsibility for Decision Making At the GS-11 equivalent level, this PSC will receive technical and administrative direction to perform his/her/their duties. The PSC is expected to work in a fast-paced fluid environment, reprioritizing actions and adjusting workload as needed. The PSC is expected to display strong interpersonal skills, sensitivity to others, and balanced judgement with the ability to function in a collaborative and collegial environment. The PSC will use their skills, experience, and knowledge to help influence but not make policy.

Knowledge Level At the GS-11 equivalent level, the PSC will have preferred subject matter experience in at least one of the CSM technical areas: civil society, media, digital technology, internet freedom, labor rights, civic education, and/or civic movements. The PSC will also have relevant technical and program management skills to craft and adapt development programs to address quickly evolving issues and technologies.

Supervisory Controls At the GS-11 equivalent level, the PSC and the supervisor will jointly develop a work plan that includes broad objectives and outlines projects and associated tasks. The PSC develops deadlines for activities and other specialized tasks and is responsible for planning and carrying out assignments, resolving most conflicts that arise, and coordinating work with others as necessary with guidance and supervision.

Performance Guidelines At the GS-11 equivalent level, the PSC is expected to work based on specific administrative policies, precedents, and guidelines (i.e., to adhere to foundational principles of “do no harm” and “do nothing about them without them”). Pertinent sources of information consist of the Foreign Assistance Act, the DRG Center Annual Report FY 2019, the DRG Center’s Users Guide, the DRG Center Strategy, the Department of State and USAID Joint Strategic Plan FY 2018-2022, and USAID Agency and DCHA Bureau rules and regulations.

Complexity At the GS-11 equivalent level, the PSC undertakes a wide range of duties that require the exercise of judgment with supervision and guidance. The PSC typically identifies and develops methods to resolve problems or cope with issues which directly affect the accomplishment of principal program goals and objectives.

Scope and Effect At the GS-11 equivalent level, the PSC is expected to carry out a diverse set of work assignments related to USAID's approaches with technical oversight and supervision, direction, and guidance from the CSM Team Leader or a designate.

Level and Purpose of Contacts At the GS-11 equivalent level, the PSC places a premium on building positive relationships with his/her/their respective team both in the field and in Washington, and with key stakeholders both in and outside of USAID. The PSC enhances and coordinates effective working relationships across sectorial lines, identifying important areas of interaction and impact between program areas and ensuring that programs are managed to gain the greatest possible benefit from such interactions. The purpose of the PSC’s contacts is assisting technical advisors and DRG subject matter experts in advancing knowledge and enhancing USAID’s approaches. The PSC must be skillful in determining the appropriate approach in negotiating and persuading others, and in establishing rapport in order to gain and relay information, including decision makers in the DRG sector, with some guidance, oversight, and supervision.

CSM Program Assistant Duties at the GS-12 Equivalent Level:

The Program Assistant PSC is expected to carry out a diverse set of work assignments related to USAID's approaches with some technical oversight and direction. The Program Assistant’s position includes the following responsibilities:

Program Support

● Assist with activity management on awards related to civil society and media development, internet freedom, and labor rights.

● Prepare and review briefing papers, talking points, and reports for DDI senior management, the NSC, the State Department and others on CSM activities and progress as needed.

● Assist the CSM team in responding to ad hoc short-fuse requests for information and input related to the Summit for Democracy or other CSM technical subject areas.

Summit for Democracy

● Provide technical inputs and support to the CSM Team on Summit for Democracy workstreams, including interagency engagement and the drafting of documents related to Summit for Democracy initiatives.

● Prepare and review briefing papers and reports for DDI senior management, the NSC, the State Department and others on CSM activities and progress as needed.

Learning

● Provide input and assistance on the development of learning and research products related to civil society, media, digital technology, internet freedom, labor rights, civic education, and/or civic movements.

Responsibility for Decision Making At the GS-12 equivalent level, this PSC will receive technical and administrative direction to perform his/her/their duties with latitude for the exercise of independent judgement. The PSC is expected to work in a fast-paced fluid environment, reprioritizing actions and adjusting workload as needed based in-coming requests and tasks. The PSC is expected to have adept organizational skills, be able to prioritize and follow up on their own actions without prompting, and display strong interpersonal skills, sensitivity to others, attention to detail, and balanced judgement. The PSC will use their skills, experience, and knowledge to influence but not make policy.

Knowledge Level At the GS-12 equivalent level, the PSC will have preferred subject matter expertise and experience in one or more of the CSM technical areas: civil society, media, digital technology, internet freedom, labor rights, civic education, and/or civic movements; and relevant skills to craft and adapt development programs to address emerging technology issues, including social media, and digital security.

Supervisory Controls At the GS-12 equivalent level, the PSC and supervisor will jointly develop a work plan that includes broad objectives. The PSC develops deadlines for activities and other specialized tasks and is responsible for planning and carrying out assignments, resolving most conflicts that arise, and coordinating work with others as necessary.

Performance Guidelines At the GS-12 equivalent level, the PSC is expected to work from general administrative policies, precedents, and guidelines (i.e., to adhere to foundational principles of “do no harm” and “do nothing about them without them”). Pertinent sources of information consist of the Foreign Assistance Act, the DRG Center Annual Report FY 2019, the DRG Center’s Users Guide, the DRG Center Strategy, the Department of State and USAID Joint Strategic Plan FY 2018-2022, and USAID Agency and DCHA Bureau rules and regulations. Based on assignments provided in terms of objectives, the PSC is expected to leverage her/his/their expertise in the field of global CSM in the performance of duties.

Complexity At the GS-12 equivalent level, the PSC undertakes a wide range of duties that require the exercise of judgment. The PSC identifies and develops methods to resolve problems or cope with issues which directly affect the accomplishment of principal program goals and objectives.

Scope and Effect At the GS-12 equivalent level, the PSC is expected to carry out a diverse set of work assignments related to USAID's approaches with limited technical oversight and supervision, direction, and guidance from the CSM Team Leader or a designate.

Level and Purpose of Contacts At the GS-12 equivalent level, the PSC places a premium on building positive relationships with his/her/their respective team both in the field and in Washington, and with key stakeholders both in and outside of USAID. The PSC enhances and coordinates effective working relationships across sectorial lines, identifying important areas of interaction and impact between program areas and ensuring that programs are managed to gain the greatest possible benefit from such interactions. The purpose of the PSC’s contacts is to assist technical advisors and DRG subject matter experts advance knowledge and enhance USAID’s approaches. The PSC must be skillful in determining the appropriate approach in negotiating and persuading others, and in establishing rapport in order to gain and relay information, including decision makers in the DRG sector.

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

At the GS-11 CSM Program Assistance level:

At the GS-11 equivalent level, the PSC will have either a:

Bachelor’s Degree with a minimum of two (2) years of progressively responsible work experience performing a range of duties similar to those outlined in the scope of work above or

Master’s Degree (with significant study in or pertinent to the specialized field, including but not limited to international development and social sciences) with a minimum of one (1) year of progressively responsible work experience performing a range of duties similar to those outlined in the scope of work above, and a Minimum of two (2) years of recent project management experience.

Qualifying experience includes recent project management experience with a USG foreign affairs agency, international assistance organization, or non-governmental organization, in community development, mediation/arbitration, conflict resolution, democracy and governance, international law, human rights activities, and/or political analysis.

At the GS-12 CSM Program Assistant level:

At the GS-12 equivalent level, the PSC will have a:

Bachelor’s Degree with a minimum of four (4) years work experience performing a range of duties similar to those outlined in the scope of work above or

Master’s Degree (with significant study in or pertinent to the specialized field, including but not limited to international development and social sciences) with a minimum of two (2) years of progressively responsible work experience performing a range of duties similar to those outlined in the scope of work above and a Minimum of two (2) years of recent project management experience.

Qualifying experience includes recent project management experience with a USG foreign affairs agency, international assistance organization, or non-governmental organization, in community development, mediation/arbitration, conflict resolution, democracy and governance, international law, human rights activities, and/or political analysis.

Education completed in foreign colleges or universities may be used to meet the education requirements.

Transcripts from foreign educational institutions must be accompanied by an official Evaluation of Educational Credentials. It is the offeror’s responsibility to provide evidence that the foreign education is comparable to that received in an accredited educational institution in the United States. If you are qualifying based on foreign education, you must submit proof of creditability of education as evaluated by a credentialing agency. USAID will not pay for expenses related to obtaining transcripts or proof of creditability of foreign education. Click on the following link for a list of accredited organizations (https://www.naces.org/members) recognized as specializing in interpretation of foreign education credentials. More information may be found at https://www2.ed.gov/about/offices/list/ous/international/usnei/us/edlite-visitus-forrecog.html.

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.

Able to 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.

Provide satisfactory verification of academic credentials. The selected candidate will be required to submit unofficial transcripts for the academic degree for which the offeror qualified for the position.

If the selected offeror fails to submit the required academic credential documentation within the time period specified by the Contracting Officer, the offeror may be disqualified from further consideration for award.

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

1. Technical Expertise (30 points) Subject matter expertise and/or experience in at least one of the following areas: civil society, media, digital technology, internet freedom, labor rights, civic education, and/or civic movements.

2. Program Management (25 points) Preferred knowledge of supporting program management, design, monitoring, evaluation, and learning related to civil society, independent media, labor, internet freedom, and/or civic education. Experience as a program and/or activity manager.

3. Organization (20 points) Demonstrative experience balancing a wide variety of tasks and working independently under pressure, with extremely short deadlines. Demonstrative experience establishing and maintaining effective relationships with a variety of groups and individuals, across organizational structures with co-located and remote staff

4. Communication/Teamwork (25 points) Strong interpersonal skills and willingness to function in a collaborative and collegial environment, sensitivity to others, and balanced judgment. Ability to balance the requests of numerous technical experts. Demonstrated experience working effectively and collaboratively on diverse teams. Ability to work with colleagues of diverse backgrounds and opinions.

Evaluation and Selection Factors are assigned the following points:

1. Technical Expertise: 30 points

2. Program Management: 25 points

3. Organization: 20 points

4. Communication/Teamwork: 25 points

Total possible points: 100

The interview will be considered in the final scoring.

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.

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.

Only the most qualified Offeror(s) will be interviewed. Professional reference checks will be conducted only for Offeror(s) who are interviewed. 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.

IV. SUBMITTING AN OFFER

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, item 4. No late applications will be accepted.

Offeror submissions must clearly reference the Solicitation number and Offeror’s name on all submitted documents. All offerors must be submitted in English. Offerors are required to submit:

1. Eligible Offerors are required to complete and submit the offer using Form AID 309-2, “Offeror

Information for Personal Services Contracts with Individuals,” available at http://www.usaid.gov/forms. An unsigned form will not be accepted.

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 four 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 Contracting Officer 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 whose 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/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)

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

1 LOT $_TBD $_TBD at Award after negotiations with

ITEM

NO

(A)

SUPPLIES/SERVICES

(DESCRIPTION) (B)

QUANTIT

Y (C)

UNIT

(D)

UNIT

PRICE

(E)

AMOUNT (F)

- Product Service Code: [e.g.

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

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/OGE%20Regulations.

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 15-02, REVISED – Continuation of Deviation from the ‘Leave and Holidays’ clause, including Family and Medical Leave, for U.S. Personal Services Contractors

GP 5. LEAVE AND HOLIDAYS (Deviation NOV 2021)

(a) Annual Leave

(1) The contractor may accrue annual leave at the rate specified in paragraph (a)(2) of this clause as follows:

(i) If the contract period of performance is ninety (90) calendar days or more, and the contractor’s performance is continuous for the contract period of performance, the contractor is entitled to accrue annual leave as of the start date of the contract.

(ii) If the contract period of performance is ninety (90) calendar days or more, and the contractor's performance is not continuous during the contract period of performance, the contractor is entitled to accrue annual leave only for each instance of continuous performance of ninety (90) calendar days or more.

(iii) If the contract period of performance is less than ninety (90) calendar days, the contractor is not entitled to accrue annual leave.

(2) The rate at which the contractor will accrue annual leave is based on the contractor’s time in service according to the table of this paragraph (a)(2). The accrual rates are based on a full-time, 40-hour workweek, which will be prorated if the contract provides for a shorter workweek:

Time in Service Annual Leave (AL) Accrual Calculation

0 to 3 years Four hours of leave for each two-week period over 3, and up to 15 years Six hours of AL for each two-week period (including 10 hours AL for the final pay period of a calendar year) over 15 years Eight hours of AL for each two-week period

(i) USAID will calculate the time in service based on all the previous service performed by the contractor as--:

(A) An individual personal services contractor with USAID for any duration covered by Sec.

636(a)(3) of the FAA or other statutory authority applicable to USAID; and/or

(B) A former U.S. Government (USG) direct-hire civilian employee; and/or

(C) Honorable active-duty member of the uniformed services based on the definition in 5 U.S.C.

2101(3).

(ii) In addition to the information certified by the contractor in their Offeror Information form, the contracting officer may require the contractor to furnish copies of previously executed contracts, and/or other evidence of previous service (e.g., SF 50, DD Form 214 or 215) to conduct the due diligence necessary to verify creditable previous service.

(3) Annual Leave is provided under this contract primarily for the purposes of providing the contractor necessary rest and recreation during the period of performance. The contractor, in consultation with the Supervisor, must develop an annual leave schedule early in the period of performance, taking into consideration the requirements of the position, the contractor’s preference, and other factors.

The maximum amount of annual leave that the contractor can carry over from one leave year to the next is limited to 240 hours. The contractor’s unused annual leave balance in excess of the 240 hour maximum at the end of the last pay period of each leave year will be forfeited, unless the requirements of the position precluded the contractor from taking such leave. The contractor may be authorized to restore annual leave for exceptional circumstances beyond the control of the contractor. The restoration of annual leave may be approved only by the USAID Administrator, cognizant Assistant Administrator or Head of an Independent Office reporting directly to the USAID Administrator and cannot be delegated further. Annual leave restored must be scheduled and used no later than either the end of the leave year two years after either—

(i) The date fixed by the approving official as the termination date of the exigency of the public business or other reason beyond the contractor’s control, which resulted in the forfeiture; or

(ii) The end of the contract, whichever is earlier.

(4) The contractor must use all accrued annual leave during the period of performance. At the end of the contract, the contractor will forfeit any unused annual leave except where the requirements of the position precluded the contractor from taking annual leave. In this case, the contracting officer may authorize the following:

(i) The contractor to take annual leave during the concluding weeks of the contract, not to exceed the period of performance; or

(ii) Payment of a lump-sum for annual leave not taken based on a signed, written determination and findings (D&F) from the contractor’s supervisor. The D&F must set out the facts and circumstances that prevented the contractor from taking annual leave, and the contracting officer must find that the contractor did not cause, or have the ability to control, such facts and circumstances. This lump-sum payment must not exceed the number of days the contractor could have accrued during a twelve (12)-month period based on the contractor’s accrual rate.

(5) The contractor may be granted advanced annual leave by the contracting officer when circumstances warrant. Advanced leave must be approved by the Mission Director, cognizant Assistant Administrator, or Head of an Independent Office reporting directly to the Administrator, as appropriate. In no case may the contracting officer grant advanced annual leave in excess of the amount the contractor can accrue in a twelve (12)-month period or over the life of the contract, whichever is less. At the end of the period of performance or at termination, the contractor must reimburse USAID for any outstanding balance of advanced annual leave provided to the contractor under the contract.

(b) Sick Leave.

The contractor may use sick leave on the same basis and for the same purposes as USAID direct-hire employees. The contractor will accrue sick leave at a rate not to exceed four (4) hours every two (2) weeks for a maximum of thirteen (13) workdays per year based on a full-time, 40-hour workweek, and the rate of accrual will be prorated if the contract provides for a shorter workweek. The contractor may carry over unused sick leave from year to year under the same contract, and to a new follow-on contract for the same work at the same place of performance. The contractor is not authorized to carry over sick leave to a new contract for a different position or at a different location. The contractor will not be compensated for unused sick leave at the completion of this contract.

(c) Home Leave.

(1) The contractor may be granted home leave to be taken only in the U.S., its commonwealth, possessions, or territories, in one continuous period, under the following conditions:

(i) The contractor must complete twenty-four (24) continuous months of service abroad under this contract and must not have taken more than thirty (30) workdays leave (annual, sick, or LWOP) in the U.S., its commonwealths, possessions, or territories. The required service abroad will include the actual days in orientation in the U.S. (excluding any language training), travel time by the most direct route, and actual days abroad beginning on the date of arrival in the cooperating country. Any annual and sick leave taken abroad, excluding leave without pay

(LWOP), will count toward the period of service abroad. Any days of annual and sick leave taken in the U.S., its commonwealths, possessions, or territories will not be counted toward the required twenty-four (24) months of service abroad.

(ii) The contractor must agree to return immediately after completing home leave to continue performance for an additional—

(A) Two (2) years, or (B Not less than one (1) year, if approved in writing by the Mission Director before the contractor departs on home leave.

(iii)If the contractor agrees to meet the conditions in paragraph (c)(1)(ii) of this clause above by returning to the same USAID Mission under this contract or a new contract, the contractor may be granted thirty (30) workdays of home leave.

(iv) If the contractor agrees to meet the continued performance conditions of paragraph (c)(1)(ii) of this clause and will be relocating to a different USAID Mission under a new USAID personal services contract immediately following the completion of home leave, the contractor may be granted twenty (20) workdays of home leave. USAID will provide the contractor these twenty days of home leave under this contract, not under the new contract.

(v) If home leave eligibility is based on paragraph (c)(1)(iv) of this clause, prior to departure on home leave, the contractor must submit to the contracting officer at the current Mission, a copy of the new contract with a special award condition in the contract Schedule indicating the contractor’s obligation to fulfill the commitment for continued performance in accordance with paragraph (c)(1)(ii) of this clause

(2) Notwithstanding the requirements in paragraph (c)(1) of this clause, the contractor may be granted advanced home leave subject to all of the following conditions:

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

(ii) The contractor has served at least eighteen (18) months abroad, as defined in paragraph (c)(4) of this clause, at the same USAID Mission under this contract, and has not taken more than 30 work days leave (annual, sick or LWOP) in the U.S.; and

(iii)The contractor agrees to return immediately to the same Mission to complete the time remaining to meet the twenty-four (24) month period of service required for home leave, which begins after the contractor returns from home leave, plus an additional—

(A) Two (2) years, or

(B) Not less than one (1) year, if approved by the Mission Director, under the current contract, or under a new contract for the same or similar services at the same Mission, before the contractor departs on home leave.

(3)

(i) Home leave must be taken only in the U.S., its commonwealths, possessions, or territories. Any days spent in any other location will be charged to annual leave, or if the contractor does not have accrued annual leave to cover these days, the contractor will be placed on LWOP.

(ii) Travel time by the most direct route is authorized in addition to the home leave authorized under this “Leave and Holidays” clause. Salary during travel to and from the U.S. for home leave will be limited to the time required for travel by the most direct and expeditious route. Additional home leave travel requirements are included in the “Travel and Transportation Expenses” clause of this contract.

(iii)Except for reasons beyond the contractor's control as determined by the contracting officer, the contractor must return abroad immediately after home leave to fulfill the additional required continued performance of services for any home leave provided under this contract, or else the contractor must reimburse USAID for the salary and benefits costs of home leave, travel and transportation, and any other payments related to home leave.

(iv) Unused home leave is not reimbursable under this contract.

(4) The contracting officer may authorize the contractor to spend no more than five (5) days in work status for consultation at USAID/Washington while on home leave in the U.S., before returning abroad. Consultation in excess of five (5) days or at locations other than USAID/Washington must be approved in advance by the Mission Director or the contracting Officer

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

(1) If the contractor ordinarily qualifies for home leave and has completed a 12-month period at one of the USAID qualifying Missions, as announced by the Department of State or USAID, the contractor is entitled to ten (10) workdays of home leave in addition to the home leave the contractor is normally entitled to in accordance with paragraph (c) of this “Leave and Holidays” clause.

(2) There is no requirement that an eligible contractor take this additional home leave for qualifying Missions; it is for use at the contractor’s option. If the contractor is eligible and elects to take such home leave, the contractor must take all ten (10) workdays at one time in the U.S. under the conditions described in paragraphs (c)(3) and (c)(4) of this clause. If the contractor is returning to the U.S. and not returning abroad to the same or different USAID Mission, the contractor is not eligible for home leave for qualifying Missions, and this paragraph (d) will not apply.

(e) Holidays and Excused Absences.

The contractor is entitled to all holidays and administrative leave granted by USAID to U.S. direct-hire employees as announced by the Agency or Mission.

(f) Military Leave.

Military leave of not more than fifteen (15) calendar days in any calendar year may be granted to the contractor who is a reservist of the U.S. Armed Forces, provided that the military leave has been approved, in advance, by the contracting officer or the Mission Director. A copy of the contractor’s official orders and the contracting officer or Mission Director approval will be part of the contract file.

(g) Leave Without Pay (LWOP).

The contractor may be granted LWOP only with the written approval of the contracting officer or Mission Director, unless a such leave is requested for family and medical leave purposes under paragraph (i) of this clause.

(h) Compensatory Time.

USAID may grant compensatory time off only with the written approval of the contracting officer or

Mission Director in rare instances when it has been determined absolutely essential and consistent with the policies that apply to USAID U.S. direct hire employees. The contractor may use earned compensatory time off in accordance with policies that apply to USAID direct-hire employees.

(i) Family and Medical Leave (FML)

(1) USAID provides family and medical leave for eligible USPSCs working within the U.S., or any territories or possession of the U.S., in accordance with Title I of the Family and Medical Leave Act of 1993, as amended (FMLA), and as administered by the Department of Labor under 29 CFR 825.

USAID also provides family and medical leave to eligible USPSCs working outside the U.S., or any territories or possession of the U.S., in accordance with this paragraph (i) outside the provisions of Title I of the FMLA as a matter of policy discretion.

(2) Family and medical leave only applies to USPSCs, not any other type of PSC.

(3) In accordance with 29 CFR 825.110, to be eligible for family and medical leave, the contractor must have--

(i) Been employed or under contract for at least twelve (12) months with a U.S. federal agency as a direct-hire or a personal services contractor; and

(ii) Performed at least 1,250 hours of service with a U.S. federal agency as a direct hire or a personal services contractor during the previous 12-month period immediately preceding the commencement of family and medical leave.

(4) In accordance with 29 CFR 825.200(a), and USAID’s internal policies available in Automated

Directive System Chapter 309 (ADS 309), an eligible contractor may take up to twelve (12) workweeks of leave under FMLA, Title I, in any 12-month period for the reasons specified in 29

CFR 825.112.

(5) In accordance with 29 CFR part 825.207, the contractor may take LWOP for family and medical leave purposes. However, the contractor may choose to substitute LWOP with accrued annual or sick leave earned under the terms of this contract. If the contractor does not choose to substitute accrued paid leave, the contracting officer, in consultation with the contractor’s supervisor, may require the contractor to substitute accrued paid leave for LWOP. The contracting officer must obtain the required certifications for approval of family medical leave in accordance with USAID policy. The contractor must notify the contractor’s Supervisor of the intent to substitute paid leave for LWOP prior to the date such paid leave commences. After having invoked the entitlement to family and medical leave and taking LWOP for that purpose, the contractor cannot retroactively substitute paid leave for the LWOP already taken under family and medical leave.

(6) Family medical leave is not authorized for any period beyond the completion date of this contract.

(7) When requesting family medical leave, the contractor must submit the relevant leave request in writing, including certifications and other supporting documents required by 29 CFR 825 and USAID policy in ADS 309.

(8) The U.S. Department of Labor’s (DOL’s) Wage and Hour Division (WHD) Publication 1420 explains the FMLA’s provisions and provides information concerning procedures for filing complaints for violations of the Act.

(j) Paid Parental Leave

(1) If the contractor is eligible for family and medical leave in accordance with paragraph (i) “Family and Medical Leave” of this clause, then instead of family and medical leave, the contractor may be authorized to take paid parental leave as specified in this paragraph, similar to that provided to USAID direct-hire employees. When authorized to do so by the contracting officer, the contractor may elect to substitute paid parental leave for up to twelve (12) workweeks of family and medical leave, as specified in paragraph (i) of this clause. The contractor may take such paid parental leave after the occurrence of the birth or placement of a child which results in the contractor assuming and continuing a parental role with respect to the newly born or placed child in accordance with the requirements of this paragraph (j).

(2) Paid parental leave may be taken intermittently or on a reduced leave schedule, subject to the mutual agreement of the contractor and their supervisor. Paid parental leave must be used no later than the end of the 12-month period beginning on the date of the birth or placement involved.