DDI-DRG USPSC Solicitation 7200AA22R00104 Sr Econ Gov Advisor.pdf

SOLICITATION NUMBER: 7200AA22R00104

ISSUANCE DATE: 08/03/2022

CLOSING DATE AND TIME: 09/02/2022

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 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.

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

Sincerely, Mir Ershadullah Contracting Officer

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

Solicitation # 7200AA22R00104

USPSC – Senior Economic Governance Advisor

ATTACHMENT 1

I. GENERAL INFORMATION

1. SOLICITATION NO.: 7200AA22R00104

2. ISSUANCE DATE: 08/03/2022

3. CLOSING DATE AND TIME FOR RECEIPT OF OFFERS: 09/02/2022 at 3 PM EDT

4. POINT OF CONTACT: Jonathan Bui, e-mail at jbui@usaid.gov

5. POSITION TITLE: Senior Economic Governance Advisor

6. MARKET VALUE: These positions have been designated at the GS-14 equivalent level, D.C. locality pay (GS-14 $ 126,233 - $ 164,102 per annum). Final compensation will be negotiated within the listed market value based upon qualifications, previous relevant 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.

7. 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 for the date(s) estimated as follows:

Base Period TBD

Option Period 1 TBD

Option Period 2 TBD

Option Period 3 TBD

8. PLACE OF PERFORMANCE: Washington, DC with possible travel overseas as stated in the Statement of Duties. The PSC should expect to spend up to 4 weeks of each year time traveling when travel conditions related to COVID-19 permit. This position may be eligible for regular recurring telework (3-8 days per pay period).

9. SECURITY LEVEL REQUIRED: Secret

10. STATEMENT OF DUTIES

BACKGROUND

As the home base for USAID’s Democracy, Human Rights and Governance (DRG) programs, the Center for Democracy, Human Rights and Governance (DRG Center) within the Bureau for Development, Democracy, and Innovation (DDI) focuses on advocating for democratic governance, driving important research, and supporting over 90 field missions worldwide to develop programs. USAID’s DRG sector includes support for democratic and economic governance, rule of law, elections and political processes, civil society and media, human rights, and other DRG fields.

The DRG Center’s Democratic Resilience and Innovation (DRI) team supports the Agency in addressing domestic and international drivers of authoritarianism, identifying incentives for governments and societies to align with democratic values and recalibrating existing interventions to build resilience to democratic backsliding. The DRI team does this through research and technical assistance for field programming. A key component of the DRI team approach is to better understand the economic drivers, incentives and tactics of authoritarian leaders - domestic and transnational - in order to inform and improve USAID democracy and development programming.

As part of DRG/DRI, the Senior Economic Governance Advisor is expected to advise USAID field teams and Washington on local and international economic drivers and conditions that underpin authoritarianism and approaches to advance democratization. This position lies at the intersection of economics, private sector development and democracy. This includes issues such as domestic and transnational corruption, public finance, debt management and transparency, and economic and private sector approaches of authoritarian regimes. The Advisor may work on a variety of topics, for example, the People’s Republic of China’s Belt and Road Initiative or other debt arrangements, developing economic approaches to combat disinformation, advising on private sector approaches to strengthen democratic competition and rules-based economic norms.

The Adviser will bring to bear knowledge and expertise in finance, private sector development, and political economy to contribute to USAID’s efforts to advance democratic resilience and consolidation.

The incumbent is expected to carry out work assignments using independent professional judgment to ensure the effective technical leadership and technical support for USAID’s DRG sector in Washington and overseas Missions. The Senior Economic Governance Advisor will work closely with USAID and other U.S. Government colleagues, implementing partners, academics, and recognized experts in the DRG sector to advance DRI initiatives. The incumbent’s responsibilities will be geographically world-wide, varied, and dynamic to reflect changing circumstances facing USAID and the DRG Center. The position will be based in Washington, D.C. and may include temporary duty assignments overseas as needed.

Responsibility for Decision Making

The Senior Economic Governance Advisor will serve as a top-level expert for USAID globally and will be expected to demonstrate significant leadership pertaining to economics and the economy of authoritarian regimes and their impacts on democratic backsliding. S/he will exercise independent judgment while performing work with wide latitude and of significant difficulty and responsibility. The PSC will receive minimal day-to-day technical or policy guidance.

Knowledge Level

The Senior Economic Governance Advisor must demonstrate advanced mastery of economics and political economy (such as economics, business, finance, political science, public policy, international relations or related field), private sector development and their intersection with politics and democratic development, with some experience with authoritarian economies. S/he will have at least seven (7) years of applied economics or private sector development experience, including at least 4 years of international experience -or- bachelor’s degree plus experience as stated in the minimum qualifications below.

Supervisory Controls

The Senior Economic Governance Advisor will report to the Democratic Resilience and Innovation Team Lead or their designee, who will provide broad administrative direction. The incumbent will independently develop his/her own plans and work products. They will independently plan, design, and carry out complex technical activities.

Performance Guidelines

The Senior Economic Governance Advisor will work with guidelines from the Bureau and Agency that are broadly stated and non-specific, requiring extensive interpretation. They will demonstrate sound judgment, technical expertise, ingenuity and innovation in the design, implementation and analysis of highly complex research activities.

Complexity

The Senior Economic Governance Advisor’s duties will be significantly varied and will require a high degree of knowledge of multiple economic and political models and technical approaches.

They will be required to conduct analysis of underlying economic conditions and incentives that maintain authoritarian governance and support USAID regional bureaus and missions in identifying approaches to address the conditions in order to improve the enabling environment for democratic development. This will require extensive, complex systems analyses and research, innovative incorporation of findings into the design of new programs, and flexibility to respond to new and emerging trends and challenges. The incumbent will be expected to contribute new technologies and approaches or develop new information to address continuing changes in the related programmatic, technological, and political environments. They will develop and coordinate country-specific learning strategies with defined goals, guidelines, and benchmarks.

Scope and Effect

The incumbent will be highly involved in all DRI responsibilities, impacting the work across team members as well as influencing the programming and approaches across both the DRG Center and others across the Agency working on economic development. They will be a recognized expert in political economy, directly influencing the work of others and leading formal and informal teams and staff working on these issues. This work will require independent analysis, defining conditions and criteria, and resolving critical problems using creative approaches. The incumbent will also lead interagency efforts that seek to address authoritarian economic and political models.

Level and Purpose of Contacts

The Senior Economic Governance Advisor will serve as an Agency technical expert in economic governance and will advise USAID and interagency counterparts on matters relating to these fields and democratic resilience. They will engage with senior level officials of academic institutions and independent DRG organizations, will maintain professional contact with senior level professionals of academic institutions and independent DRG organizations and may be required to respond to inquiries--orally or in writing-- from Congressional staff, the National Security Council, the Department of State, and other interagency counterparts. The Senior Economic Governance Advisor may represent the US Government in meetings with foreign governments and multilateral institutions. The Senior Economic Governance Advisor may represent USAID to these organizations in different forums, including conferences, workshops, panels, and more. Communications that reflect a final policy, planning or budget decision of the agency must be cleared by a U.S. Direct Hire employee.

Statement of Duties

a. Serve as a senior Agency thought leader on the DRI team for the thinking both politically and economically regarding economic governance norms, international norms and incentives around economic governance, how external actors affect sovereign decision making, incentives of authoritarian economies, transparency and accountability in the countries in which we work. This includes but is not limited to identifying the overarching theories of change that underpin global DRG programs and guiding related research to better understand the most effective approaches for DRG assistance and their intersection with economics and economic incentives. This also includes involving relevant stakeholders in agenda formulation, strategic planning to address evidence needs in the DRG sector, designing and overseeing research and field support relevant to economic governance.

b. Serve as an expert advisor on economic governance, debt/trade dependency, and illicit finance, and economic governance as they relate to DRG policies and to DRG programming in the field. This position lies at the intersection of economics, private sector development and democracy. This includes understanding global economic governance including domestic and transnational corruption, coercive capital, the interplay between domestic economic issues and foreign influence, debt (dependency, transparency, & diplomacy issues), trade dependence and private sector engagement.

The individual will stay abreast of developments related to economic governance, proactively integrating concepts to the USAID DRG sector, and supporting DRG officers to determine which approaches are most suited to meet their needs. Ensure that work undertaken by the DRI Team appropriately integrates economic governance concepts in its work.

c. Coordinate and/or contribute to agency-wide initiatives on DRI-related economic governance concepts and other relevant areas of expertise. Provide expert advice and guidance to USAID staff in Washington and at Missions on refining research questions and choosing appropriate research methodologies to result in evidence that can be applied to improve DRG programmatic results. This may include serving on technical review committees or reviewing proposals related to economic governance, and incorporating partner activities, if appropriate. This includes establishing contact with appropriate counterparts, developing the portfolio of related activities. Illustrative support activities include meetings and calls to consult with field missions and/or others working in the area of economic governance TDYs to participate and other activities, support for other processes, and conducting training on economic sovereignty activities.

d. Support interagency engagement on economic governance and democracy issues in coordination with USAID economic governance staff, Anticorruption Task Force (and/or the Task Force successor) and others working across the USG.

e. Convene or contribute to agency-wide and sectoral communities of practice related to economic governance and democratic resilience.

f. Support knowledge sharing between the finance and private sector, academic, donor community and USAID’s DRG cadre. Maintain strong relationships with core professional associations and groups of applied researchers in order to identify emerging research of interest to the USAID DRG sector and potential researchers to support DRG economic governance and economic sovereignty initiatives.

g. Develop and provide technical assistance tools and training related to the development of learning questions, theories of change, and learning agendas, as well as the range of learning methodologies and products employed by DRI.

h. Promote the creation and utilization of DRG evidence-based policy related to economic governance by: a) supporting rigorous data collection and analysis that leads to the development of actionable findings and recommendations; b) advising on and overseeing the incorporation of evidence into DRG trainings and dissemination materials for the USAID DRG cadre; c) participating in the incorporation of evidence into strategic and program planning at USAID Missions; and d) providing technical assistance to USAID staff and partners in locating, interpreting, and acting on new evidence in the DRG sector.

i. The incumbent may serve as an Agreement Officer’s Representative (AOR) or Contracting Officer’s Representative (COR), as necessary, on programs related to their expertise. Serving as an AOR/COR requires successful completion of a certification program in accordance with Agency policy.

PHYSICAL DEMANDS

The work is generally performed in an office environment, is sedentary, and does not pose undue physical demands.

II. MINIMUM QUALIFICATIONS REQUIRED FOR THIS POSITION

Education/Experience:

• Graduate level degree from an accredited U.S. or foreign educational institution with study in a pertinent field, such as: economics, business, finance, political science, international development, international relations, or a related social science.

• Seven (7) years of applied economics or private sector development experience, including at least 4 years of international experience.

• Experience in application of economics in the analysis of political economy, related to economic governance, development, democracy or governance.

• Relevant overseas experience working with U.S. government, international organizations, donor development agencies, non-governmental organizations, private sector, academic organizations, or other agencies and processes involved in DRG or economic issues.

OR

• Bachelor’s degree from an accredited U.S. or foreign educational institution with study in a pertinent field, such as: economics, business, finance, political science, international development, international relations, or a related social science.

• Twelve (12) years of applied economics or private sector development experience, including at least 4 years of international experience.

• Experience in application of economics in the analysis of political economy, related to economic governance, development, democracy or governance.

• Relevant overseas experience working with U.S. government, international organizations, donor development agencies, non-governmental organizations, private sector, academic organizations, or other agencies and processes involved in DRG or economic issues.

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.

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

1. Technical Expertise (70 points)

Demonstrated knowledge of principles, concepts, analysis and policy related to economic governance, debt/trade dependency, incentives of authoritarian economies, and illicit finance as they relate practically to democracy, human rights and governance programming in the field.

This includes understanding global economic governance, private sector engagement, coercive capital, and the interplay between domestic and transnational economic issues and democratic development. Applicant may also demonstrate a background in political science, development finance, fiscal analysis and public expenditure, and broader public financial management. The applicant must demonstrate how this technical expertise has been applied and implemented in policies and programs.

2. Communication (15 points)

Demonstrated written and oral communication skills, including the ability to summarize complex research and learning in clear, concise communication for ease of utilization by practitioners.

Demonstrated capacity and experience communicating effectively orally and in writing with various audiences (including high-level officials, academics, and field practitioners), and ability to gather, analyze and synthesize information. The offeror's written communication ability will also be evaluated based on the written materials submitted in the offer.

3. Teamwork (15 points)

Demonstrated interpersonal skills, including the ability to exhibit tact, diplomacy, and resourcefulness while working in a variety of settings with high-level government officials, members of non-governmental organizations, and practitioners across cultures, and a track record of working effectively and collaboratively on diverse teams.

Evaluation Factors have been assigned the following points:

1. Technical Expertise: 70 points

2. Communication: 15 points

3. Teamwork: 15 points

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

Total possible points: 100

The most qualified offeror may be interviewed, required to provide a writing sample, and demonstrate an ability to operate commonly used office applications. USAID will not pay for any expenses associated with the interviews. In addition, offers (written materials and interviews) will be evaluated based on content as well as on the offerors writing, presentation, and communication skills. In the event that an offeror has fully demonstrated his/her qualifications and there are no other competitive offerors USAID reserves the right to forego the interview process. Professional references and academic credentials will be evaluated for offerors being considered for selection. USAID reserves the right to contact previous employers to verify employment history.

IV. SUBMITTING AN OFFER

Offers must be received by the closing date and time specified in Section I, item 3, and submitted electronically via e-mail to the Point of Contact specified in Section I, item 4.

To ensure consideration of offers for the intended position, please clearly reference the solicitation number in the offer, and in the email subject line of the submission.

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. This form must be physically signed (hand-written signature). Unsigned forms will not be accepted. Electronic signatures will not be accepted.

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.

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/ads/policy/300/aidar

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

0002 Option Period 1 – Compensation, Fringe Benefits and Other Direct Costs (ODCs) - Award Type:

Cost - Product Service Code:

[e.g. R497] - Accounting Info:

[insert from Phoenix/GLAAS]

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

0003 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

0004 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. 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 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) An 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) work-days 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.

directhire 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. At the end of that 12-month period, any unused balance of paid parental leave expires and is not available for future use. No payment will be made for unused or expired paid parental leave. Paid parental leave is not annual leave, and thus will not be included in any lump-sum payment for annual leave following completion or termination of the contract.

(3) To establish eligibility for paid parental leave, the contracting officer may require the contractor to provide documentation of entitlement and a signed certification. Appropriate documentation of entitlement is to show that the contractor’s use of paid parental leave is directly connected with a birth or placement that has occurred, such as a birth certificate or a document from an adoption or foster care agency regarding the placement. By the signed certification, the contractor is attesting that the paid parental leave is being taken by the contractor in connection with the documented birth or placement, and that the contractor has a continuing parental role with respect to the newly born or placed child.

(4) (i) The contractor may not use any paid parental leave unless the contractor agrees in writing, before commencement of the leave, to return immediately after completing paid parental leave to continue performance under this contract for at least 12 workweeks. This 12-workweek period of performance obligation begins on the contractor’s first scheduled workday after the contractor concludes taking such leave, whether taken consecutively or intermittently, regardless of the amount of leave taken. The period of performance obligation by the contractor is fixed at 12 workweeks regardless of the amount of leave used by the contractor.

Due to this 12-workweek mandatory period of performance obligation, the contracting officer will not authorize paid parental leave for use by the contractor within the last 12 workweeks before the contract end date, including option periods if any, regardless whether exercised. Within the last 24 workweeks of the contract, because of the mandatory 12-week period of obligation, the contracting officer will only authorize paid parental leave for any time remaining before the contract end date beyond the 12-week mandatory period of performance. Any paid parental leave taken by the contractor as well as the 12-week period of performance obligation must be completed by the contract end date, including any option periods, regardless of whether exercised.

(ii) If the contractor is eligible for paid parental leave, but is physically or mentally incapable of entering into the period of performance obligation agreement before the period of leave, such leave may be temporarily authorized, or retroactively invoked upon return to duty, subject to a determination that, in the Agency’s judgment, the contractor was incapable of entering into such agreement in accordance with the requirements of this paragraph (4) at the time of the commencement of the leave entitlement.

(5) (i) If, during the period of paid parental leave or of the required 12-workweek period of performance obligation, the contractor learns, or decides, they will not be able or willing to complete the period of performance obligation, the contractor must notify their supervisor and contracting officer of the situation as soon as possible. After receiving such notice, the contracting officer will coordinate with the supervisor to determine whether reimbursement is required in accordance with this paragraph (5).

(ii) If the contractor fails to return to work for the required 12-week obligation, the Agency will require reimbursement from the contractor of an amount equal to the total amount of the Government contributions paid by the Agency to or on behalf of the contractor to maintain the contractor’s health insurance coverage during the period of paid parental leave.

(iii) The contracting officer may waive the reimbursement requirement of this paragraph (5) if the contractor is unable to fulfill the required 12-workweek obligation for any of the following reasons:

(A) in the Agency’s judgment, the contractor is unable to return to work because of the continuation, recurrence, or onset of a serious health condition (including mental health) of the contractor…