Democracy and Political Transitions (DPT) Advisor.pdf

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

SOLICITATION NUMBER: 7200AA211R00030

ISSUANCE DATE: March 26, 2021

CLOSING DATE/TIME: April 9, 2021 at 5:00 PM Eastern Time

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 individuals to provide personal services under a contract as described in this solicitation.

Offers must be submitted in accordance with Sections III through V of this solicitation.

Incomplete or unsigned offers will not be considered. Offerors should retain copies of all submissions 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 related to this solicitation must be directed in writing to the Point of Contact specified in Section I of Attachment 1 of this solicitation.

Sincerely, G. Serapis Irby

Contracting Officer

SOL-7200AA21R00030

USPSC Democracy and Political Transitions (DPT) Advisor

ATTACHMENT 1

I. GENERAL INFORMATION

SOLICITATION NUMBER: SOL-7200AA21R00030

ISSUANCE DATE: March 26, 2021

CLOSING DATE FOR RECEIPT OF OFFERS: April 9, 2021

CLOSING TIME FOR RECEIPT OF OFFERS: 5:00 PM Eastern Time

POSITION TITLE: Democracy and Political Transitions (DPT) Advisor in the Bureau for

Development, Democracy, and Innovation; The Center for Democracy, Human Rights and Governance; Democratic Elections and Political

Processes (DDI/DRG/DEPP), USAID/Washington

MARKET VALUE: GS-14 Equivalent: $122,530 - $159,286 per annum

This position is for one (1) Washington, D.C. based USPSC. Offerors who live outside the

Washington, D.C. area will be considered for employment, but no relocation expenses will be reimbursed. Final compensation will be negotiated within the listed market value of the position, based upon the selected offeror’s relevant earnings history, education, experience, and other skills and qualifications relevant to the position reported on the form AID-309-2. Salaries over and above the pay range will not be entertained or negotiated. Sunday Pay is authorized. The PSC should expect to spend up to 40% of her/his time on Temporary Duty Assignments (TDYs).

PERIOD OF PERFORMANCE: A two-year contract base with up to three one-year option periods to start on or about April XX,2021 through April XX,2023.

Option Period 1: TBD, 2023 - TBD, 2024

Option Period 2: TBD, 2024 - TBD, 2025

Option Period 3: TBD, 2025 - TBD, 2026

PLACE OF PERFORMANCE: Washington, D.C., with possible travel as stated under STATEMENT OF DUTIES

ELIGIBLE OFFERORS: Open to all U.S. Citizens

SECURITY LEVEL REQUIRED: Secret (Must be able to obtain Top Secret Level

Clearance)

USPSC Democracy and Political Transitions Advisor

PHYSICAL DEMANDS: The work requested does not involve undue physical demands. The PSC will be provided with the support services, equipment, and supplies necessary to perform the work.

Background

The Center for Democracy, Human Rights, and Governance (DRG Center) forms part of the Bureau for Development, Democracy, and Innovation Bureau (DDI). USAID established the DRG Center to elevate democracy, human rights, and governance (DRG), reinvigorate USAID’s thought leadership in the sector, and integrate DRG into USAID’s broader development agenda. The DRG Center manages over $150 million per year for global programs and rapid-response needs-based assistance to priority countries with a staff of approximately 100, through 10 divisions/teams, including civil and foreign service, personal service contractors, and fellows.

This new USAID bureau makes providing timely high quality field support one of its highest priorities.

Purpose of Contract

The Democracy and Political Transitions (DPT) Advisor will help the DRG Center and the DPP division respond to the needs of USAID missions for short to medium term support, especially when rapid political changes create unexpected needs for technical expertise or other skills. The Advisor provides the DRG Center and USAID field missions with support and technical expertise where political changes and/or unexpected events created increased demand for DRG technical services. This position is particularly important as the DRG Center is now part USAID’s Democracy, Development, and

Innovation Bureau (DDI).

The Democracy and Political Transitions Advisor will serve in the DPP Division which leads efforts on regional and country-specific DRG technical designs, support, field assessments and technical strategies; conducts analysis, advocacy, and program designs linking DRG funding with needs, opportunities and relevant policies and strategies; serve as a DPP link with regional bureaus and field missions through regular communications, field support Temporary Duty Travel (TDYs), and training, and engages within USAID and the interagency on policies and programs related to the promotion of DRG/DPP technical areas.

I. DUTIES AND RESPONSIBILITIES

a) Expected Responsibilities

The Advisor will conduct independent analysis, define conditions and criteria for that analysis, and resolve complex problems using creative approaches. The Advisor will be required to work independently as well as on teams. The Advisor will plan, design, and carry out analysis and activity design, implementation, and evaluation exercises that are considered technically authoritative and complex and pertinent to the effective implementation of USAID policies and programs. The Advisor will demonstrate sound judgement, technical expertise, ability to learn and apply new methods quickly, adherence to complex technical and organizational requirements, and ingenuity in implementing guidelines through programs, training and learning activities.

b) Technical Expertise

The Advisor will be responsible for developing and disseminating practical and theoretical knowledge related to programs in the DRG sector relevant to countries or regions experiencing political transitions. This includes transitions from authoritarian regimes to democratic rule, as well as backsliding from democratic to non-authoritarian political environments, and can happen as a result of elections, revolutions, popular protests, regional conflicts, parliamentary actions, or other political processes. The DRG

Center’s technical programs involve a wide range of sub-sectors where the DRG Center provides support and technical guidance to USAID’s field missions. These sub-sectors include but are not limited to: elections, political parties, political processes, civil society, and other relevant DRG sectors, including countering resurgent authoritarian influence, and issues related to women and gender participation in political processes.

The DPT Advisor will provide technical assistance in areas where she/he has relevant expertise, defining technical assistance needs, drafting /designing program interventions in those sub-sectors, and/or articulating the need for specialized assessments and analysis.

c) Mission Field, Support, Program Design and Project Management

The DPT Advisor will develop and coordinate integrated assistance strategies with specific goals, guidelines, and benchmarks in the context of USAID policies. This will require knowledge of multiple complicated processes related to programming, budgeting, policy development and implementation as well as technical and analytical, leadership and teambuilding methods that are applied to a broad range of circumstances that require a substantial depth of analysis.

The Advisor should be able to overcome complicated issues such as balancing technical and political factors, coordinating with other parts of the U.S. government, incorporating multi-disciplinary approaches and research findings, and selecting the best options among possible technical solutions. Specific support may include assistance in drafting or reviewing mission Country Development and Cooperation Strategies (CDCS), Program

Appraisal Documents (PADs) and similar strategic documents; and acquisition and assistance planning and evaluation documentation including serving on and chairing

Technical Evaluation Committees and drafting Requests for Proposals, Requests for

Assistance, Annual Program Statements. The Advisor may also be called upon to provide guidance and technical support directly to host country governments. The Advisor may also be called upon to provide training to USAID staff, implementing partners or others.

The Advisor’s duties may include assisting the DRG Center in liaising with USAID field officers and regional bureaus or serving as a “Country Backstop” which involves serving as the DRG Center’s main point of contact for a particular country by gaining a deeper understanding of the development context and USAID DRG programming in that country. The Advisor may serve as an Agreement Officer’s Representative (AOR) or

Contracting Officer’s Representative (COR) or Alternate, as necessary, on programs related to his/her expertise.

d) Policy and Inter-Agency Engagement

The Advisor will serve as one of the Agency’s lead technical experts in DRG matters and will advise USAID and interagency counterparts on matters relating to democracy, rights, and governance programming worldwide. The Advisor will represent the U.S.

Government, where appropriate on such matters in meetings with implementing partners, stakeholders, foreign governments, and multilateral institutions. The Advisor will represent USAID, where appropriate, to Congressional staff, the National Security

Council, the Department of State, and other interagency counterparts. The Advisor will maintain professional contact with senior level professionals of independent organizations, including think-tanks, assistance implementers, professional organizations, and academic institutions. The Advisor will 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. Serve as Contracting Officer’s Representative (COR) and/or Activity Manager for learning, evaluation, and research contracts and learning initiatives that link policy and field research with leading academics.

e) Assessment and Analysis:

The Advisor will also help to draft, review, and manage assessment and analysis tools of various types and scopes, including country-level Strategic Assessment Framework

(SAF) DRG/DPP technical sector Assessments, Political Economy Analyses, Gender

Assessments, and a full range of sub-sector assessments and analyses in relation to DRG programming. These may be country-level DRG assessments or focused on specific topics or sub sectors such as elections, political processes, and democratic governance systems. The Advisor will apply the findings of those assessments and analysis to program design, procurements, and portfolio consultations.

II. SUPERVISORY CONTROLS

a) Travel and Geographic Scope

The Advisor’s responsibilities will be world-wide, varied, and dynamic to reflect changing circumstances facing USAID and the DRG Center. The Advisor should expect to spend up to 30% of his/her time in temporary duty assignments (TDYs) in support of local USAID Missions as well as other locations as needed. This travel will likely include assignments in post-conflict environments or limited/non-presence USAID countries.

b) Guidelines

1. Approximately 80% of the Advisor’s time and effort will be devoted to supporting USAID missions in the planning, design, management, and evaluation of USAID DRG activities. Up to half of this work may be done while on TDYs, with the remainder done from Washington, DC.

2. Approximately 20% of the Advisor’s time and effort will be devoted to DRG

Center global objectives through training, research, policy and interagency engagement, and strategic planning. This includes design and delivery of

DRG-related training and orientation in Washington, DC and overseas;

ensuring the incorporation of the latest innovative and evidence-based approaches in DRG programming; participating in inter- and intra-agency meetings to represent and synthesize Center perspectives and equities;

providing written and oral briefings for Center and Bureau leadership on

DRG issues; and providing guidance on research projects in the DRG sector.

c) Supervisory Roles

The Democracy and Political Transitions Advisor will report to the DPP Division Chief or her/his designee. The DRG DPP Division Chief will supervise the Advisor and set overall objectives. The Supervisor and Advisor will work together to develop a workplan that reflects Agency policy priorities, DRG Center and DRG Mission-based program priorities including learning activities, training, and programming. The Advisor will also work closely with DRG Center, DDI Bureau leadership and USAID Mission officials.

The Advisor will work with guidelines from the DRG Center and Agency that are sometimes broadly stated and may require extensive interpretation. The DPT Advisor will not have supervisory responsibility over other personnel.

POINT OF CONTACT: G. Serapis Irby

U.S. Agency for International Development

Office of Acquisition and Assistance

Tel: 202-916-2701

Email: girby@usaid.gov

III. MINIMUM QUALIFICATIONS REQUIRED FOR THIS POSITION

Offerors must clearly demonstrate in their offer submission that they meet or exceed the criteria stated below.

a) Education and Professional Experience

An advanced degree from an accredited U.S. or foreign educational institution in public policy, international affairs, social science, development studies, political science, or other relevant subjects and twelve (12) years of relevant professional experience in any of the following sub-sectors in the field of democracy, human rights, and governance:

mailto:girby@usaid.gov elections, political transitions, governance, or civil society engagement on political advocacy/policy, AND all offerors must demonstrate that they possess the following professional experience:

● Professional experience working in at least two to three different sub-sectors within the field of democracy, human rights and governance, which include election administration and observation, political processes, democratic governance systems, political transitions, or civil society engagement on political advocacy/policy,

● Professional experience providing at least three different types of support to the field offices of international development donors or to donor-funded field-based programs. This experience may include support such as the following: assistance producing strategic planning, project design or procurement documents; technical advice on program structure and design; supporting or conducting assessments, evaluations or analyses and leading or serving on proposal or grant evaluation committees.

● Professional experience working on DRG projects in at least three different regions of the world (i.e., continents or sub-continents).

IV. QUALITY RANKING FACTORS (ORF’s)

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.

Eligible offerors determined to meet the Minimum Qualifications will be evaluated on the following Quality Ranking Factors:

QRF 1: Technical Expertise (40 points)

Quality, depth and range of expertise and experience in democracy, human rights and governance, with an emphasis on those areas identified in this solicitation and supported by the DRG Center, such as elections administration and support, anti-corruption, public administration, public financial management, legislative strengthening, local government, civil society, human rights, rule of law, media, and legislative strengthening.

QRF 2: Field Support and Experience (30 points)

Quality, depth and range of expertise and experience providing support to the field offices of international development donors or to donor-funded field-based programs, with an emphasis on those areas identified in duties and qualifications sections of this solicitation. This experience may include support such as the following: assistance producing strategic, design and procurement documents; technical advice on program structure and design; supporting or conducting assessments or analysis such as program evaluations, PEAs, SAFs, gender and youth assessments, and sectoral assessments; and leading or serving on proposal or grant evaluation committees.

QRF 3: Communication (20 points)

Demonstrated ability to communicate effectively both orally and in writing with minimal editing or supervision. Experience briefing and communicating complex information to colleagues, local partners and government officials. Proven track record of quickly gathering, analyzing and synthesizing information for use by senior level leaders.

Demonstrated productive and positive working relationships and communication with colleagues and peers.

QRF 4: Teamwork and Effectiveness (10 points)

Proven track-record of working effectively and collaboratively on diverse teams, both as a team leader and as a team member. Sound judgment and collegiality when working in environments with colleagues of diverse backgrounds and of diverse opinions.

Outstanding interpersonal skills and the ability to work both independently and in a team.

Ability to deliver products under tight deadlines and overcome unexpected obstacles.

Total Possible QRF Score: 100 points

V. SUBMITTING AN OFFER

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

Information for Personal Services Contracts with Individuals,” available at http://www.usaid.gov/forms/. The form must be physically signed (hand-written signature) and scanned as an Adobe PDF document. A jpg photo of the signed form may be accepted at the discretion of the Contracting Officer. Unsigned forms will not be accepted. Electronic signatures will not be accepted. This form should be filled in with sufficient information to make a valid determination of meeting experience requirements as stated in this solicitation. Failure to provide information sufficient to determine qualifications for the position will result in loss of full consideration. This should include resumes of all paid and unpaid professional experience related to the duties of the position. In particular, it should include detailed descriptions of all experience relevant to the qualifications for the Advisor position, including specifics of roles and responsibilities, leadership levels, and complexity of tasks.

Resumes must include job title, location(s) of service, dates held (month/year), and hours per week. Descriptions must specify whether the positions were paid or unpaid;

permanent salaried positions, internships or limited-term consultancies; and full-time or part-time, and if part time, how many hours worked per week. Dates (month/year) and locations for all field experience must also be detailed. Any experience that does not include dates (month/year), locations, and hours per week or sufficient detail may not be counted towards meeting the solicitation minimum qualifying requirements and/or quality ranking factors. Transcripts, certifications or other educational credentials must be available to be submitted upon request.

2) Quality Ranking Factor (QRF) Summary: Offerors are required to submit a QRF

Summary document in Microsoft Word or Adobe PDF format that clearly presents his/her qualifications and experience for the position relevant to each factor. The QRF

Summary must be organized into sections corresponding to the Quality Ranking Factors outlined in the solicitation. Offers that do not include a QRF Summary that clearly addresses each QRF may be considered incomplete. The QRF Summary document is limited to no more than five (5) pages, based on standard page size of 8.5 x 11 inches.

Any pages larger than the standard page size will be counted as two pages. Any pages in excess of the five-page limitation will not be reviewed or considered.

3) Three Professional References: Offerors are required to submit names and current contact information including e-mail address and phone number of three professional references that have recent, first-hand knowledge of the offeror’s ability to perform the duties set forth in this solicitation.

Offers must be submitted in English

Offers must be received by the closing date and time specified and submitted electronically via e-mail to the Point of Contact. Offerors should include the solicitation number in the subject line of the email to ensure consideration for the intended position.

Offeror submissions must clearly reference the Solicitation number on all offeror submitted documents. Offerors should also include his/her name on each submitted document. Additional documents submitted will not be accepted. Incomplete offers will not be considered. Late offers will not be considered and will be handled in accordance with

FAR 52.215-1.

By submitting your offer materials, you certify that, to the best of your knowledge and belief, all of the information on and attached to the offer is true, correct, complete, and made in good faith.

You understand that any information you give may be investigated.

False or fraudulent information on or attached to your offer may be grounds for not awarding you the contract, or for early contract termination after award, and may be punishable by fine or imprisonment.

NOTE REGARDING GOVERNMENT OBLIGATIONS FOR THIS SOLICITATION

USAID to pay any cost incurred in the preparation and submission of the application.

NOTE REGARDING DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBERS

AND THE SYSTEM FOR AWARD MANAGEMENT

In accordance with FAR 4.1102 and ADS 309.3.1.13b(1), USPSCs must be registered in the

System for Award Management (SAM) prior to award. For general information about DUNS

Numbers and SAM, please refer to Federal Acquisition Regulation (FAR) Clause 52.204-6

Unique Entity Identifier and FAR 52.204-7 System for Award Management.

https:/acquisition.gov/far/current/html/52_200_206.html or www.sam.gov.

ALL QUALIFIED APPLICANTS WILL BE CONSIDERED REGARDLESS OF AGE,

RACE, COLOR, SEX, CREED, NATIONAL ORIGIN, LAWFUL POLITICAL

AFFILIATION, NON-DISQUALIFYING DISABILITY, MARITAL STATUS, SEXUAL

ORIENTATION, AFFILIATION WITH AN EMPLOYEE ORGANIZATION, OR

OTHER NON-MERIT FACTOR.

VI. LIST OF REQUIRED FORMS PRIOR TO AWARD

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

The CO will provide instructions about how to complete and submit items 2 through 6 after an

Offeror is selected for the contract award.

1. USAID Offeror Form AID 309-2

2. Standard Form 86 Questionnaire for National Security Positions

3. USAID Request for Security Action Form 6-1

4. Medical History and Examination Form (DS-6561) (see Department of State

M/MED, medical clearances guidance and instructions available at:

https://www.state.gov/guidance-medical-clearances/;

5. Register in the System for Award Management (SAM.gov) for DUNS Number responsibility and eligibility for award determination; and

6. Fingerprint Card (FD-258)

7. Employment Eligibility Verification (Form I-9)

VII. BENEFITS/ALLOWANCES

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

1. BENEFITS:

(a) Employer's FICA Contribution

(b) Contribution toward Health & Life Insurance http://www.usaid.gov/forms/

(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 (only if applicable to position):

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

(Government Civilians Foreign Areas)

(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)

VIII. TAXES

USPSCs are required to pay Federal income taxes, FICA, Medicare and applicable State Income taxes.

IX. 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:

Item No. Services Quantity Amount

0001 Base Period Compensation, Benefits, and other direct costs

Award type:

Product Service Code:

Accounting Information:

1 TBD at award http://aoprals.state.gov/content.asp?content_id=231&menu_id=92 http://aoprals.state.gov/content.asp?content_id=231&menu_id=92 https://www.usaid.gov/forms

1001 Option Period 1 Compensation, Benefits, and other direct costs

Award type:

Product Service Code:

Accounting Information

1 TBD at award

2001 Option Period 2 Compensation, Benefits, and other direct costs

Award type:

Product Service Code:

Accounting Information

1 TBD at award

3001 Option Period 3 Compensation, Benefits, and other direct costs

Award type:

Product Service Code:

Accounting Information

1 TBD at award

4001 Option Period 4 Compensation, Benefits, and other direct costs

Accounting Information

1 TBD at award

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. 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, contain changes to USAID policy and the PSC

General Provisions in accordance with USAID regulations and contracts. Please refer to http://www.usaid.gov/work-usaid/aapds-cibs#psc to determine which AAPDs and CIBs apply to this contract.

AAPD 06-10 – PSC MEDICAL EXPENSE PAYMENT RESPONSIBILITY (OCTOBER

2006)

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

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

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

SERVICES.”

(c) When the contractor or eligible family member is covered by health insurance, that insurance is the primary payer for medical services provided to that contractor or eligible family member(s) both in the United States and abroad. The primary insurer’s liability is determined by the terms, conditions, limitations, and exclusions of the insurance policy. When the contractor or eligible family member is not covered by health insurance, the contractor is the primary payer for the http://www.usaid.gov/work-usaid/aapds-cibs total amount of medical costs incurred and the U.S. Government has no payment obligation (see paragraph (f) of this provision).

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

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

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

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

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

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

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

(April 2010), section (i) entitled “Emergency and Irregular Travel and Transportation.” In the event of a medical emergency, when time does not permit consultation, the Mission Director may issue a Travel Authorization Form or Medical Services Authorization Form DS-3067, provided that the FSMP or Post Medical Advisor (PMA) is notified as soon as possible following such an issuance. The contractor must promptly file a claim with his or her medevac insurance provider and repay to USAID any amount the medevac insurer pays for medical travel, up to the amount USAID paid under this section. The contractor must repay USAID for medical costs paid by the medevac insurer in accordance with sections (f) and (g) below. In order for medical travel to be an allowable cost under the corresponding General Provision, the contractor must provide

USAID written evidence that medevac insurance does not cover these medical travel costs.

(f) If the contractor or eligible family member is not covered by primary health insurance, the contractor is the primary payer for the total amount of medical costs incurred. In the event of a medical emergency, the Medical and Health Program may authorize issuance of Form DS-3067, Authorization for Medical Services for Employees and/or Dependents, to secure admission to a hospital located abroad for the uninsured contractor or eligible family member. In that case, the contractor will be required to reimburse USAID in full for funds advanced by USAID pursuant to the issuance of the authorization. The contractor may reimburse USAID directly or USAID may offset the cost from the contractor’s invoice payments under this contract, any other contract the individual has with the U.S. Government, or through any other available debt collection mechanism.

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

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

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

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

USPSC/dependent.

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

Contracting Officer that those insurance claims have been submitted to the insurance carrier(s) and sign a repayment agreement to repay to USAID any amounts paid by the insurance carrier(s).

(End of Provision)

AAPD 15-02 – LEAVE AND HOLIDAYS (NOV 2020)

(Pursuant to class deviation #M/OAA-DEV-AIDAR-20-2c)

(a) Annual Leave.

(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 4 hours of leave for each 2-week period

Over 3, and up to 15 years 6 hours of AL for each 2-week period (including 10 hours

AL for the final pay period of a calendar year)

Over 15 years 8 hours of AL for each 2-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) 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.

(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 workdays 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. (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 Administrative Leave. 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 under 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. (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 performed services for –

(i) At least twelve (12) months with USAID; and

(ii) At least 1,250 hours with USAID during the previous 12-month period.

(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 CO 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) Leave Records. The contractor must maintain their current leave records and make them available as requested by the Mission Director or the contracting officer.

[End of Provision]

AAPD 18-02 – MEDICAL…