DRG CLM PSC Sol_7200AA25R00020 Program Support Specialist GS12-Equivalent 12.18.24.pdf

SOLICITATION NUMBER: 7200AA25R00020

ISSUANCE DATE: December 18, 2024

CLOSING DATE AND TIME: January 29, 2025 at 4:00 pm EST

SUBJECT: Solicitation for U.S. Personal Services Contractor (USPSC) for the Civil Society, Labor, and Media (CLM) Program Support Specialist at the GS-12 Equivalent Level.

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.

USAID will evaluate all offerors based on the stated evaluation criteria. USAID encourages all individuals, including those from disadvantaged and under-represented groups, to respond to the solicitation.

This solicitation in no way obligates USAID to award a PSC contract, nor does it commit USAID to pay any cost incurred in the preparation and submission of the offer.

Any questions must be directed in writing to the Point of Contact specified in this solicitation.

Sincerely, Eileen Fanelli Contracting Officer

ATTACHMENT 1 7200AA25R00020

Civil Society, Labor, and Media (CLM), Program Support Specialist

I. GENERAL INFORMATION

1. SOLICITATION NO.: 7200AA25R00020

2. ISSUANCE DATE: December 18, 2024

3. CLOSING DATE/TIME FOR RECEIPT OF OFFERS: Wednesday, January 29, 2025, at 4:00 pm EST.

4. POINT OF CONTACT: Eileen Fanelli, email address efanelli@usaid.gov.

5. POSITION TITLE: Civil Society, Labor, and Media (CLM), Program Support Specialist

6. MARKET VALUE: $99,200 -$128,956 equivalent to GS-12., at the Washington DC locality rate.

Final compensation will be negotiated within the listed market value and will include Locality Pay for domestic USPSCs based on the location of the Official USAID Worksite, or the approved alternative worksite if approved for remote work. See Place of Performance.

7. PLACE OF PERFORMANCE: USAID/Washington with temporary duty travel (TDY) overseas estimated at 20% of work hours per year. Relocation expenses will not be reimbursed for U.S.-based positions. This position has been designated as suitable for remote work. The USPSC will be authorized to perform the services under this contract from an alternative worksite within the United States. For PSCs authorized to remote work, the alternative worksite determines the locality pay for compensation purposes.

8. PERIOD OF PERFORMANCE: Two-year base period, with three (3) one-year options based on Agency need, as illustrated below, assuming a start date in May 2025.

Base Period May 2025 – April 2027 Option Period 1 May 2027 – April 2028 Option Period 2 May 2028 – April 2029 Option Period 3 May 2029 – April 2030

9. ELIGIBLE OFFERORS: U.S. Citizen or U.S. Permanent Resident

10. SECURITY LEVEL REQUIRED: Facility Access

11. STATEMENT OF DUTIES

BACKGROUND

This position is located in the CLM Office in the Bureau of Democracy, Human Rights, and Governance (DRG). The DRG Bureau focuses on, driving relevant research, and supporting over 90 field missions worldwide to develop and implement programs promoting democratic governance. USAID’s DRG sector includes support for good governance, rule of law, elections and political processes, civil society and media, human rights, and other DRG fields.

USAID currently manages over $1.7 billion a year on a broad range of democracy programs covering justice, human rights, citizen security, civil society, media, local government, legislatures, constitutional reform, political parties, elections, anti-corruption, and anti-trafficking in persons. These efforts are critical to improve government effectiveness, accountability, transparency and legitimacy, and to ensure citizens are empowered to play a role in public affairs and the decisions that affect their daily lives. They also underpin the sustainability of the Agency’s socio-economic development sectors. The DRG Bureau leads the Agency in supporting overall efforts to advance democracy, human rights, and governance.

The DRG Bureau’s annual budget is over $268 million, with over 150 staff, comprising U.S. Direct Hires (USDHs), contractors, and Fellows. The DRG Bureau currently has nine technical offices:

Management and Cadre Support (MCS); Civil Society, Labor and Media (CLM); Anti-Corruption Center; Global Trends and Technology (GTT); Democratic Elections and Political Processes (EPP);

Governance (GOV); Justice, Rights, and Security (JRS); Policy, Learning, and Integration (PLI); and Program Office. The DRG Bureau’s goal is to lead USAID’s efforts to invigorate democracy, enhance human rights and justice, and bolster governance that advances the public interest and delivers inclusive development. The DRG Bureau achieves this through high quality support to USAID Missions, generating and disseminating knowledge on best practices, and providing leadership on DRG to the wider USG and the international development community.

The CLM Office is a dynamic, experienced, creative team in the DRG Bureau, providing technical leadership and support on strengthening capacity, effectiveness, and sustainability of civil society, media, and labor to USAID Missions and Washington Bureaus, other USG entities, and the broader DRG community. The Office manages several large global programs, assists field Missions with program design and learning, and generates comparative knowledge on effective approaches to strengthening and supporting civil society, media, digital technology, internet freedom, labor rights, civic education, and/or civic movements. The CLM Office is involved in several high-profile workstreams related to the President’s Summit for Democracy agenda.

DUTIES AND RESPONSIBILITIES

General – The Program Support Specialist carries out a diverse set of work assignments related to USAID's civil society, labor, and media approaches and priorities in collaboration with the members of the CLM Office, including contributing to research; programming; training;

monitoring, evaluation, and learning (MEL); and policy.

The Program Support Specialist participates in project design and implementation of current and new mechanisms; works with other team members to establish criteria, assess program effectiveness, and contribute to analysis of the landscape impacting USAID’s work. The Program Support Specialist’s work outputs facilitate both Agency efforts as well as those of the broader development community. Assignments, particularly those related to providing technical guidance to central and Mission-based programming, require working collaboratively with internal and external stakeholders.

Supervisory Relationship – At the GS-12 level, the Program Support Specialist reports to the Supervisor of the CLM Office or their designee. The Program Support Specialist serves as a member of the CLM Office, and as appropriate, coordinates with other USAID operating units as a representative of the DRG Bureau and the CLM Office. The Supervisor sets overall objectives.

The Supervisor develops a work plan for the Program Support Specialist. The Program Support Specialists’ completed work is reviewed in detail to determine satisfactory performance and effectiveness in meeting requirements or expected results. The Program Support Specialist develops deadlines for assigned work activities and other specialized tasks and is responsible for planning and carrying out assignments, resolving most conflicts that arise, and coordinating work with others.

Commitment to Diversity, Equity, Inclusion, and Accessibility (DEIA) - All members of the DRG workforce are measured on how they foster a climate of respect in interactions with others, value differing perspectives, and treat others in a fair, equitable, and culturally sensitive manner.

All employees are expected to adhere to equal employment opportunity (EEO) policies and value diversity and inclusion in performing everyday duties and responsibilities.

CLM Program Support Specialist Specific Duties and Responsibilities at the GS-12 Equivalent Level are:

Program Management and Support

• Successfully completes a required certification program in accordance with Agency policy to serve as AOR/COR level 2.

• Serves as Agreement Officer’s Representative (AOR), Alternate AOR, Contracting Officer’s

Representative (COR), Alternate COR, and/or activity manager for DRG Bureau programs.

o Reviews and provides feedback and guidance on annual work plans, implementing partner reports, and budgets, in accordance with USAID policies and procedures.

o Maintains award files using Agency systems and ensures compliance with award management requirements.

o Serves as a primary liaison with implementing partners and ensures projects meet objectives.

o Coordinates programming with intra-agency, inter-agency, and other donors.

Collaborates with the Office of Acquisition and Assistance on award management issues.

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

• Reports on indicators and budget requests through standard Agency processes including the

Operational Plan, Congressional Notifications, and the Performance Plan and Report.

• Assists with the preparation and review of briefing papers, talking points, and reports for

DRG senior management, the NSC, the State Department and others on CSM activities and progress as needed. Assists the CLM team in responding to ad hoc short-fuse requests for information and input related to the Summit for Democracy or other CSM technical subject areas.

Learning Point of Contact

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

• Serves as the Point of Contact for learning for the CLM office, liaising as appropriate with the Policy, Learning, and Integration office, and completing task such as collating and incorporating feedback to inform the development of resources aimed at improving DRG programming.

• Executes tasks to support the CLM Office’s efforts to advance the DRG Bureau’s research and learning agenda.

Teamwork/Customer Service

• Coordinates work effectively and collaboratively with colleagues of diverse backgrounds and opinions.

• Builds and maintains relationships within the team as well as with other teams, OUs and

Missions.

• Maintains a collegial environment; is respectful of others; and adheres to USAID policy and procedure in the conduct of work.

• Assists with DRG Bureau-wide projects, initiatives, and activities, as the CLM specialist.

Degree of responsibility for decision-making on CLM matters – At the GS-12 level, the Program Support Specialist performs their duties under administrative direction of the CLM Office Director and in technical consultation with the Civil Society Team, with latitude for the exercise of independent judgment in areas such as program and project management.

Level of complexity for work assignments – At the GS-12 level, the Program Support Specialist carries-out a diverse set of work assignments related to USAID's approaches with little technical oversight but significant consultation, including research; programming; training; and monitoring, evaluation, and learning (MEL). The Program Support Specialist duties require the exercise of judgment, the interpretation of policies and practices, and their relevance to a new problem or situation. The Program Support Specialist typically identifies and develops methods to resolve problems or cope with issues which directly affect the accomplishment of program goals and objectives. The Program Support Specialist must be innovative in recommending new or improved approaches to achieve problem resolution.

Knowledge level required – At the GS-12 level, the Program Support Specialist is experienced supporting foreign assistance and international development programming and has subject matter experience and/or experience supporting DRG programming in one of the technical areas: civil society, media, digital technology, internet freedom, labor rights, civic education, and/or civic movements. The Program Support Specialist has relevant technical and program management skills to craft and adapt development programs to address quickly evolving issues and technologies.

Performance Guidelines – At the GS-12 level, the Program Support Specialist’s assignments are given in general terms related to CLM programming or policy issues. Administrative policies and precedents are applicable (i.e Agency policy). Pertinent sources of information consist of the DRG Bureau Annual Report, the DRG Bureau’s Users Guide, the DRG Strategy, the Department of State and USAID Joint Strategic Plan FY 2022-2026, and USAID Agency rules and regulations.

Scope and effect of the work performed – At the GS-12 level, the Program Support Specialist’s work involves planning, organizing, directing, designing activities in a manner requiring creativity, as a team member and in limited situations as a team lead. Work is reviewed for conformance with overall policy and program objectives.

Level and purpose of contacts - At the GS-12 level, the Program Support Specialist places a premium on the building of positive relationships with his or her respective team both in the field and in Washington, and with key stakeholders both in and outside of USAID. The Program Support Specialist enhances and coordinates effective working relationships across sectorial lines, identifying important areas of interaction and impact between program areas and ensuring that programs are managed to gain the greatest possible benefit from such interactions. The Program Support Specialist engages with a variety of individuals and groups from USAID including DRG Bureau leadership and Mission leadership - typically through meetings, calls, and consultations (on an as-needed, as-appropriate basis) - as an important step in advancing USAID’s approach, research agenda, and programmatic priorities related to CLM issues.

12. PHYSICAL DEMANDS

The work is generally sedentary and does not pose undue physical demands. If traveling overseas, the incumbent may be subject to elements of physical exertion including longer periods of standing, walking over rough terrain, or carrying moderately heavy items. The incumbent may be required to travel to high threat locations and to complete security awareness training for such purposes.

II. MINIMUM QUALIFICATIONS REQUIRED FOR THIS POSITION

At the GS-12 equivalent level the CLM Program Support Specialist’s education and experience must meet the following:

• Master’s degree or higher degree from an accredited U.S. or foreign educational institution with study in a pertinent DRG-related field, such as: international relations, communications, public policy, sociology, law, economics, or other social science.

• Two (2) years of program support experience in international development relevant to civil society, labor, or media

Or

• Bachelor’s degree from an accredited U.S. or foreign educational institution, in the social sciences or pertinent DRG-related field, such as: international relations, communications, public policy, sociology, law, economics, or other social science.

https://www.usaid.gov/results-and-data/planning/joint-strategic-plan/fy-2022-2026

• Four (4 years) of experience in international development work relevant to civil society, labor, or media.

Documentation of education such as transcripts and/or diplomas will be required prior to any award.

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 Contracting Officer (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.

Quality Ranking Factors (QRFs) include:

QRF 1: Technical Expertise

• Preferred candidates will have subject matter expertise and experience in at least one of the following areas: civil society, media, digital technology, internet freedom, labor rights, civic education, and/or civic movements.

QRF 2: Program Management Experience

• Demonstrated experience providing project management and administrative support in the democracy, human rights, and governance sector, to include contract/award oversight, financial tracking, record keeping and documentation, and technical guidance.

QRF 3: Communication

• Demonstrated experience communicating orally to internal and external stakeholders, and to a range of audiences at various levels (e.g., senior officials, peers, and non-technical audiences).

• Demonstrated experience contributing to the analysis of information for use by principals by producing written materials such as briefers, memos, and talking points.

QRF 4: Teamwork

• Demonstrated experience working in a fast-paced environment, collaboratively and constructively with colleagues of diverse backgrounds and opinions and promoting inclusive work environments.

Basis of Rating

Applications from Offerors will be first evaluated to determine they meet the minimum qualifications required for the position described above. Offerors who fail to meet the minimum qualifications will not be further evaluated. USAID reserves the right to contact previous employers to verify employment history and performance at any point in the evaluation process.

http://www.acquisition.gov/browse/index/far

Written submissions from Offerors that meet the minimum requirements will be further evaluated to determine the highest ranked applicants based on the following weighted scoring of the QRFs:

QRF 1: Technical Expertise: 30 points QRF 2: Program Management Experience: 30 points QRF 3: Communication: 20 points QRF 4: Teamwork: 20 points

Total Possible QRF points at the written evaluation stage = 100 points

The highest ranked Offeror or Offerors may be invited for an interview and tested on their writing and/or presentation abilities. Interviews may include specific questions regarding aspects of an Offeror’s educational and professional experience and standardized questions. The interview may also include a written test to evaluate the Offerors technical and communication skills. If tested, the Offeror will be asked to draft a one-page sample memo and/or present an analysis of a scenario on a defined DRG and/or CLM topic. The scenario specifics and a sample memo template will be provided to Offeror.

The Offerors responses to interview questions and test, if given, will be evaluated based on the same weighting of the QRFs. Offerors may receive a maximum of 100 points at the interview stage, which will be combined with the first score of their written offer to determine the most highly qualified Offeror or Offerors for the position. Interview points are added to pre-interview scores for a maximum total of up to 200 possible points.

Reference Checks: Professional references will be incorporated into the Government's overall evaluation of an Offerors Technical Expertise, Communication, and Teamwork and Professionalism to determine the Offerors overall likelihood of successful performance.

USAID may check references at any time, including before an Offeror is interviewed. References for those highest rated Offerors who are determined to fall within a competitive range and are interviewed will be checked. USAID reserves the right to seek references from other individuals who are familiar with the Offeror’s work in addition to the references provided by the Offeror.

USAID will not only solicit feedback on the Offeror’s technical abilities and knowledge, but also on observed standards of honesty, integrity, trust, openness, and respect for the individual by applying these values to daily behaviors and interactions with past team members/work colleagues.

Additionally, per PEB 24-01, “Personal Services Contractors (PSC) Practices Related to Preventing and Addressing Sexual Misconduct in the Workplace” references will be asked if they are aware of the offeror having previously received a disciplinary action for sexual misconduct. “Sexual misconduct” is an umbrella term that encompasses any inappropriate behavior of a sexual nature or that is sex-based, including abuse, assault, exploitation, harassment, intimate-partner violence, stalking, voyeurism, and any other such conduct that is sexual in nature or that is sex-based which is non-consensual or has the purpose or effect of threatening, intimidating, denigrating, or coercing a person.

IV. SUBMITTING AN OFFER

Offers must be received by the close date and time specified and submitted to the point of contract named in Section I. Offeror materials must clearly reference the Solicitation number and Offerors name on all submitted documents. Eligible Offerors must complete and submit:

1. The offer form AID 309-2, “Offeror Information for Personal Services Contracts with

Individuals,” available at http://www.usaid.gov/forms.

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

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

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

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

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

e. U.S. Citizenship or US Resident Alien Status.

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

a. Name of reference.

b. Offeror’s relationship to the reference.

c. Title of reference at current job.

d. Reference current telephone number.

e. Reference current email address.

4. Supplemental document specifically addressing each of the four QRFs stated in this solicitation. The supplemental document must:

a. Address each of the Evaluation and Selection Factors.

b. Describe specifically and accurately what experience, training, education and/or awards the Offeror has received that are relevant to each factor.

c. Cite specific, illustrative examples for each factor.

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

5. Self-Certification related to sexual misconduct found in Procurement Executive Bulletin(PEB) PEB 24-01, found at https://www.usaid.gov/partner-with-us/resources-for-partners/procurement-executive-bulletins-pebs. The self-certification can be found as tab 1.

V. LIST OF REQUIRED FORMS PRIOR TO AWARD

In conformance with ADS 309.3.1.14, USAID will provide instructions about how to complete and submit the necessary forms after an offeror is selected for the contract award:

1. Forms related to Security and Access including:

a. Declaration for Federal Employment (OF-306)

b. Questionnaire for Sensitive Positions (for National Security) or Questionnaire for Non-

Sensitive Positions

c. Fingerprint Card

2. Employment Eligibility Verification (I-9 Form)

3. Medical History and Examination Form (Prior to TDY)

Note Regarding Unique Entity Identifier (UEI) and the System for Award Management (SAMs):

In accordance with FAR 4.1102 and ADS 309.3.1.13(b)(1), USPSCs must be registered in the SAMs prior to award. For general information about UEI numbers and SAM, please refer to FAR Clause 52.204-6 Unique Entity Identifier and FAR 52.204-7 System for Award Management. Registration for a UEI number and SAMS is free. Offerors who fail to comply with this requirement or Offerors e name appears as an excluded party will be disqualified for award.

VI. BENEFITS AND ALLOWANCES

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

1. BENEFITS:

a. Employer's FICA Contribution

b. Contribution toward Health & Life Insurance

c. Pay Comparability Adjustment

d. Annual Increase (pending a satisfactory performance evaluation)

e. Eligibility for Worker's Compensation

f. Annual and Sick Leave

2. ALLOWANCES:

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

a. Temporary Quarter Subsistence Allowance (Section 120)

b. Living Quarters Allowance (Section 130)

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

d. Post Allowance (Section 220) https://drive.google.com/file/d/1FE7WGQJQhx2qYgpmPwGwGBvHFyLDr_fz/view

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.

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: R497 - Accounting Info:

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

1001 Option Period 1 – Compensation, Fringe Benefits and Other Direct Costs (ODCs) - Award Type: Cost - Product Service Code: R497 - Accounting Info:

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

2001 Option Period 2 – Compensation, Fringe Benefits and Other Direct Costs (ODCs) - Award Type: Cost - Product Service Code: R497 - Accounting Info:

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

3001 Option Period 3 – Compensation, Fringe Benefits and Other Direct

1 LOT $_TBD $_TBD at https://www.usaid.gov/ads/policy/300/aidar https://www.usaid.gov/forms

ITEM

NO (A)

SUPPLIES/SERVICES (DESCRIPTION)

(B)

QUANTITY

(C)

UNIT

(D)

UNIT

PRICE (E)

AMOUNT (F)

Costs (ODCs) - Award Type: Cost - Product Service Code: R497 - Accounting Info:

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.

4. Procurement Executive Bulletin PEB 24-01 regarding USAID’s Zero Tolerance for Sexual

Misconduct - USAID has a zero-tolerance policy for sexual misconduct with the goal of fostering a respectful, safe, healthy and inclusive work environment. USAID maintains policies and procedures to establish a workplace free of sexual misconduct as described in Agency policy at ADS Chapter 113, Preventing and Addressing Sexual Misconduct. See https://www.usaid.gov/about-us/agency-policy/series-100/113.

5. Ethical Conduct. By the acceptance of a USAID personal services contract as an individual, the contractor will be acknowledging receipt of the “Standards of Ethical Conduct for Employees of the Executive Branch,” available from the U.S. Office of Government Ethics, in accordance with General Provision 2 and 5 CFR 2635. See https://www.oge.gov/web/oge.nsf/resources_standards-of-conduct.

6. PSC Ombudsman. The PSC Ombudsman serves as a resource for any Personal Services

Contractor who has entered into a contract with the United States Agency for International Development and is available to provide clarity on their specific contract with the agency.

Please visit our page for additional information: https://www.usaid.gov/work-usaid/personal-service-contracts-ombudsman. The PSC Ombudsman may be contacted via:

PSCOmbudsman@usaid.gov.

7. FAR PART 52 – SOLICITATION PROVISIONS AND CLAUSES

(a) Subpart 52.2—Text of Provisions and Clauses

52.203-5 Covenant Against Contingent Fees. (MAY 2014)

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

http://www.usaid.gov/work-usaid/aapds-cibs http://www.usaid.gov/work-usaid/aapds-cibs https://drive.google.com/file/d/1FE7WGQJQhx2qYgpmPwGwGBvHFyLDr_fz/view https://www.usaid.gov/about-us/agency-policy/series-100/113 https://www.oge.gov/web/oge.nsf/resources_standards-of-conduct https://www.usaid.gov/work-usaid/personal-service-contracts-ombudsman https://www.usaid.gov/work-usaid/personal-service-contracts-ombudsman mailto:PSCOmbudsman@usaid.gov

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

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

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

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

(End of clause)

52.204-13 System for Award Management Maintenance. (OCT 2018)

(a) Definitions. As used in this clause-

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

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

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

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

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

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

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

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12; and

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

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

(b) If the solicitation for this contract contained the provision 52.204-7 with its Alternate I, and the Contractor was unable to register prior to award, the Contractor shall be registered in SAM within 30 days after award or before three days prior to submission of the first invoice, whichever occurs first.

(c) The Contractor shall maintain registration in SAM during contract performance and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement. The Contractor is responsible for the currency, accuracy and completeness of the data within SAM, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in SAM after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in SAM to ensure it is current, accurate and complete. Updating information in SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(d) (1)

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

(A) Change the name in SAM;

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

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

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

(ii) If the Contractor fails to comply with the requirements of paragraph (d)(1)(i) of this clause, or fails to perform the agreement at paragraph (d)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the

SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in SAM. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the EFT clause of this contract.

(3) The Contractor shall ensure that the unique entity identifier is maintained with the entity designated at www.sam.gov for establishment of the unique entity identifier throughout the life of the contract. The Contractor shall communicate any change to the unique entity identifier to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the unique entity identifier does not necessarily require a novation be accomplished.

(e) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.sam.gov.

52.217-8 Option To Extend Services (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

52.217-9 Option To Extend the Term of the Contract. (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days of the expiration date; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 15 days before the contract expires.

The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years (60 months).

https://www.sam.gov/

52.232-33 Payment by Electronic Funds Transfer - System for Award Management. (OCT 2018)

(a) Method of payment.

(1) All payments by the Government under this contract shall be made by electronic funds transfer (EFT), except as provided in paragraph (a)(2) of this clause. As used in this clause, the term "EFT" refers to the funds transfer and may also include the payment information transfer.

(2) In the event the Government is unable to release one or more payments by EFT, the Contractor agrees to either-

(i) Accept payment by check or some other mutually agreeable method of payment; or

(ii) Request the Government to extend the payment due date until such time as the

Government can make payment by EFT (but see paragraph (d) of this clause).

(b) Contractor's EFT information. The Government shall make payment to the Contractor using the EFT information contained in the System for Award Management (SAM). In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to SAM.

(c) Mechanisms for EFT payment. The Government may make payment by EFT through either the Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the Fedwire Transfer System. The rules governing Federal payments through the ACH are contained in 31 CFR part 210.

(d) Suspension of payment. If the Contractor's EFT information in SAM is incorrect, then the Government need not make payment to the Contractor under this contract until correct EFT information is entered into SAM; and any invoice or contract financing request shall be deemed not to be a proper invoice for the purpose of prompt payment under this contract.

The prompt payment terms of the contract regarding notice of an improper invoice and delays in accrual of interest penalties apply.

(e) Liability for uncompleted or erroneous transfers.

(1) If an uncompleted or erroneous transfer occurs because the Government used the

Contractor's EFT information incorrectly, the Government remains responsible for -

(i) Making a correct payment;

(ii) Paying any prompt payment penalty due; and

(iii) Recovering any erroneously directed funds.

(2) If an uncompleted or erroneous transfer occurs because the Contractor's EFT information was incorrect, or was revised within 30 days of Government release of the EFT payment transaction instruction to the Federal Reserve System, and -

(i) If the funds are no longer under the control of the payment office, the Government is deemed to have made payment and the Contractor is responsible for recovery of any erroneously directed funds; or

(ii) If the funds remain under the control of the payment office, the Government shall not make payment, and the provisions of paragraph (d) of this clause shall apply.

(f) EFT and prompt payment. A payment shall be deemed to have been made in a timely manner in accordance with the prompt payment terms of this contract if, in the EFT payment transaction instruction released to the Federal Reserve System, the date specified for settlement of the payment is on or before the prompt payment due date, provided the specified payment date is a valid date under the rules of the Federal Reserve System.

(g) EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided for in the assignment of claims terms of this contract, the Contractor shall require as a condition of any such assignment, that the assignee shall register separately in SAM and shall be paid by EFT in accordance with the terms of this clause. Notwithstanding any other requirement of this contract, payment to an ultimate recipient other than the Contractor, or a financial institution properly recognized under an assignment of claims pursuant to subpart 32.8, is not permitted. In all respects, the requirements of this clause shall apply to the assignee as if it were the Contractor. EFT information that shows the ultimate recipient of the transfer to be other than the Contractor, in the absence of a proper assignment of claims acceptable to the Government, is incorrect EFT information within the meaning of paragraph

(d) of this clause.

(h) Liability for change of EFT information by financial agent. The Government is not liable for errors resulting from changes to EFT information made by the Contractor's financial agent.

(i) Payment information. The payment or disbursing office shall forward to the Contractor available payment information that is suitable for transmission as of the date of release of the EFT instruction to the Federal Reserve System. The Government may request the Contractor to designate a desired format and method(s) for delivery of payment information from a list of formats and methods the payment office is capable of executing. However, the Government does not guarantee that any particular format or method of delivery is available at any particular payment office and retains the latitude to use the format and delivery method most convenient to the Government. If the Government makes payment by check in accordance with paragraph (a) of this clause, the Government shall mail the payment information to the remittance address contained in SAM.

52.232-34 Payment by Electronic Funds Transfer - Other than System for Award Management.

(JUL 2013)

(a) Method of payment.

(1) All payments by the Government under this contract shall be made by electronic funds transfer (EFT) except as provided in paragraph (a)(2) of this clause. As used in this clause, the term "EFT" refers to the funds transfer and may also include the payment information transfer.

(2) In the event the Government is unable to release one or more payments by EFT, the Contractor agrees to either-

(i) Accept payment by check or some other mutually agreeable method of payment; or

(ii) Request the Government to extend payment due dates until such time as the

Government makes payment by EFT (but see paragraph (d) of this clause).

(b) Mandatory submission of Contractor's EFT information.

(1) The Contractor is required to provide the Government with the information required to make payment by EFT (see paragraph (j) of this clause). The Contractor shall provide this information directly to the office designated in this contract to receive that information

(hereafter: "designated office") by [the Contracting Officer shall insert date, days after award, days before first request, the date specified for receipt of offers if the provision at 52.232-38 is utilized, or "concurrent with first request" as prescribed by the head of the agency; if not prescribed, insert "no later than 15 days prior to submission of the first request for payment"]. If not otherwise specified in this contract, the payment office is the designated office for receipt of the Contractor's EFT information. If more than one designated office is named for the contract, the Contractor shall provide a separate notice to each office. In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to the designated office(s).

(2) If the Contractor provides EFT information applicable to multiple contracts, the Contractor shall specifically state the applicability of this EFT information in terms acceptable to the designated office. However, EFT information supplied to a designated office shall be applicable only to contracts that identify that designated office as the office to receive EFT information for that contract.

(c) Mechanisms for EFT payment. The Government may make payment by EFT through either the Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the Fedwire Transfer System. The rules governing Federal payments through the ACH are contained in 31 CFR part 210.

(d) Suspension of payment.

(1) The Government is not required to make any payment under this contract until after receipt, by the designated office, of the correct EFT payment information from the Contractor. Until receipt of the correct EFT information, any invoice or contract financing request shall be deemed not to be a proper invoice for the purpose of prompt payment under this contract. The prompt payment terms of the contract regarding notice of an improper invoice and delays in accrual of interest penalties apply.

(2) If the EFT information changes after submission of correct EFT information, the Government shall begin using the changed EFT information no later than 30 days after its receipt by the designated office to the extent payment is made by EFT. However, the Contractor may request that no further payments be made until the updated EFT information is implemented by the payment office. If such suspension would result in a late payment under the prompt payment terms of this contract, the Contractor's request for suspension shall extend the due date for payment by the number of days of the suspension.

(e) Liability for uncompleted or erroneous transfers.

(1) If an uncompleted or erroneous transfer occurs because the Government used the

Contractor's EFT information incorrectly, the Government remains responsible for-

(i) Making a correct payment;

(ii) Paying any prompt payment penalty due; and

(iii) Recovering any erroneously directed funds.

(2) If an uncompleted or erroneous transfer occurs because the Contractor's EFT information was incorrect, or was revised within 30 days of Government release of the EFT payment transaction instruction to the Federal Reserve System, and-

(i) If the funds are no longer under the control of the payment office, the Government is deemed to have made payment and the Contractor is responsible for recovery of any erroneously directed funds; or

(ii) If the funds remain under the control of the payment office, the Government shall not make payment and the provisions of paragraph (d) shall apply.

(f) EFT and prompt payment. A payment shall be deemed to have been made in a timely manner in accordance with the prompt payment terms of this contract if, in the EFT payment transaction instruction released to the Federal Reserve System, the date specified for settlement of the payment is on or before the prompt payment due date, provided the specified payment date is a valid date under the rules of the Federal Reserve System.

(g) EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided for in the assignment of claims terms of this contract, the Contractor shall require as a condition of any such assignment, that the assignee shall provide the EFT information required by paragraph (j) of this clause to the designated office, and shall be paid by EFT in accordance with the terms of this clause. In all respects, the requirements of this clause shall apply to the assignee as if it were the Contractor. EFT information that shows the ultimate recipient of the transfer to be other than the Contractor, in the absence of a proper assignment of claims acceptable to the Government, is incorrect EFT information within the meaning of paragraph (d) of this clause.

(h) Liability for change of EFT information by financial agent. The Government is not liable for errors resulting from changes to EFT information provided by the Contractor's financial agent.

(i) Payment information. The payment or disbursing office shall forward to the Contractor available payment information that is suitable for transmission as of the date of release of the EFT instruction to the Federal Reserve System. The Government may request the Contractor to designate a desired format and method(s) for delivery of payment information from a list of formats and methods the payment office is capable of executing.