DRG EPP Sol_7200AA24R00038 USPSC Funds and Program Support Specialist.pdf

SOLICITATION NUMBER: 7200AA24E00038

ISSUANCE DATE: March 29, 2024, 4:00 PM EST

CLOSING DATE AND TIME: April 30, 2024, 4:00PM EST

SUBJECT: Solicitation for U.S. Personal Service Contractor (USPSC), Elections and Political Processes (EPP) Funds and 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, Sections I through V of this solicitation.

Incomplete or unsigned offers will not be considered. Offerors should retain copies of all Offer materials for their records.

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

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

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

Sincerely, Contracting Officer

ATTACHMENT 1 7200AA24R00038

EPP Funds and Program Support Specialist

I. GENERAL INFORMATION

1. SOLICITATION NO.: 7200AA24R00038

2. ISSUANCE DATE: March 29, 2024

3. CLOSING DATE/TIME FOR RECEIPT OF OFFERS: April 30, 4:00 PM EST

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

5. POSITION TITLE: Elections and Political Processes (EPP), Funds and Program Support Specialist

6. MARKET VALUE: $99,200 to $128,956 equivalent to a GS-12 at the Washington-Baltimore- Arlington, DC-MD-VA-WV-PA location 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.

USPSCs performing overseas are not entitled to Locality Pay.

7. PLACE OF PERFORMANCE: USAID/Washington, with possible overseas travel estimated at up to 10% of time on temporary duty (TDY) assignments. Relocation expenses will not be reimbursed for U.S.-based positions. This position has been designated telework eligible for between two to four days per pay period with the approval of the supervisor and execution of a telework agreement.

8. PERIOD OF PERFORMANCE: A two (2) year base period with three (3) one-year options based on Agency need and available funding as illustrated below assuming a start date of September 2024.

Base Period September 2024 – September 2026 Option Period 1 September 2026 – September 2027 Option Period 2 September 2027 – September 2028 Option Period 3 September 2028 – September 2029

9. ELIGIBLE OFFERORS: Open to all US Citizens

10. SECURITY LEVEL REQUIRED: Secret

11. STATEMENT OF DUTIES

BACKGROUND

The Office of Elections and Political Processes (EPP) within USAID’s Democracy, Human Rights, and Governance (DRG) Bureau provides technical leadership and support on elections and political processes and democratic political transitions to USAID field Missions and Washington bureaus, other USG entities, and the broader DRG community.

Elections and other political processes are pivotal to a country’s governance and can either greatly advance or set back a country’s long-term democratic transition and USG country, regional, and global foreign policy priorities. USAID is uniquely positioned to support elections and democratic transitions with DRG experts serving in Missions throughout the world and the EPP Office of election experts in the DRG Bureau and regional bureaus. With a global perspective, the EPP Office helps ensure USG elections and political processes resources are applied to the highest priorities and most promising opportunities.

Because conducting elections and political processes requires focus on multiple and interconnected areas of work, the most significant gains can be made through early, comprehensive, and sustained support. The DRG Bureau therefore follows a comprehensive ‘election cycle’ approach that closely links long, medium, and short-term interventions.

The DRG/EPP Office provides this comprehensive support to Missions, Embassies, and other USAID bureaus. Support includes technical guidance, pre-election and election security assessments, strategy development, program design and evaluation assistance, training, flexible and timely funding, access to long-term and rapid/flexible response implementing mechanisms, and policy support. DRG/EPP also directly manages analytic and flexible response activities and global, regional, and non- or limited-presence country programs. EPP Support to Missions often continues after an election to ensure a peaceful transfer of power to a new government and to start work on the next election cycle. Delivering this support as a comprehensive package ensures coherence among assessments, evaluations, technical support, and short-, medium- and longer-term programs.

DRG/EPP offers technical leadership on specific issues and delivers technical assistance in areas including: election administration; election observation; electoral legal frameworks;

voter education; the protection and promotion of democratic elections in backsliding countries; political party strengthening; democratic transition processes, including consensus-building and constitutional design; prevention and mitigation of electoral violence; inclusion of vulnerable or marginalized populations in political processes; electoral justice; election technology and cybersecurity; and election-related information integrity. EPP also assists with developing electoral strategies, designing programs, and advising on program implementation and evaluation.

The EPP Funds and Program Support Specialist works as a member of the USAID DRG/EPP team supporting USAID’s DRG portfolio of activities with USAID Washington-based staff, USAID country missions, U.S. Embassies, and other USG intra-inter agencies. Those activities include identifying opportunities for USAID to support elections and political processes to foster positive democratic change; designing responses to those opportunities; working with partners to effectively implement those responses; monitoring the impact of those responses;

and other associated technical and managerial assistance. The nature of the support provided by the EPP Funds and Program Support Specialist to DRG/EPP staff include but not limited to:

designing and managing systems and databases; facilitating meetings and working groups;

drafting and editing documents, reports, and presentations related to specific DRG programs;

conducting program-related research; and managing program funds.

DUTIES AND RESPONSIBILITIES

General - The EPP Funds and Program Support Specialist’s responsibilities include DRG/EPP funds management and related Data Analysis regarding current and past use of EPP managed funds, and general administrative program management and support functions. The work is geographically located world-wide, varied, and dynamic to reflect changing circumstances facing USAID and the DRG Bureau.

Supervisory Relationship – At the GS-12 level, the DRG EPP Office Director/Deputy Director or her/his designee supervises the EPP Funds and Program Support Specialist and sets overall objectives. The EPP supervisor and EPP Funds and Program Support Specialist will together develop a work plan that includes a defined annual work portfolio with set work objectives for assigned /defined work projects and deadlines. The position does not supervise 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.

EPP Funds and Program Support Specialist Duties at the GS-2 Equivalent Level

The USPSC will, as necessary:

EPP Funds Management Duties:

a. Oversees the major aspects of DRG Bureau’s funding accounts managed by the EPP office, including information management, financial management, communications, and reporting required and/or associated with the accounts.

b. Organizes, facilitates, and manages the EPP Office’s contributions to the DRG Bureau fund review cycles, including the preparation of meeting agendas, meeting notes, and associated reporting documents.

c. Supports EPP staff efforts to liaise with Missions designing DRG related projects that seek DRG Bureau/EPP funding.

d. With guidance, facilitates EPP’s external engagement, including coordination and scheduling of meetings, facilitating meetings, and providing support to EPP staff working with international donors, NGOs, and the general public as part of EPP technical programs and program initiatives and prepares materials related to that support.

e. Ensure EPP OU web-based content/information on Agency’s internet/intranet sites are kept up to date; including DRG/EPP created data-based systems required for management of EPP funds and/or technical programs.

f. Organizes and maintains electronic files in the DRG/EPP shared drive and/or e-systems.

g. With guidance, prepares materials for response to intra- and inter-agency requests for EPP technical program support, request for EPP managed funds, data information, and Congressional and general public inquiries regarding the EPP managed programs and funds.

h. Supports the development and implementation of a strategic communications outreach effort on the achievements of EPP’s funds and/or global activities, including ensuring updated web content, development of blog posts, and regularly collecting success stories to highlight fund or election assistance impact.

i. Develops a monitoring and evaluation plan to gather and document outcomes and impacts on the use of EPP funds or EPP technical assistance and EPP managed programs.

j. Contributes to DRG Bureau’s EPP related learning and technical leadership products, including representing the EPP in relevant working group(s) and other team projects.

k. Obtains programmatic clearances for packages and taskers and maintains and updates EPP program trackers.

l. Schedules calendars, meetings, and events for EPP regarding management of EPP work portfolios.

Data Analysis Duties:

m. Supports the development of Geographic Information products for DRG/EPP funds and development programs by working with USAID’s Geographic Information System (GIS) Office to provide geographic analysis, web-based applications, and data driven map products. These analysis and maps will be used to support decision making during budget requests, project design, monitoring and evaluation and various reporting products.

n. Ensures the accuracy of information and provides program support by assembling and preparing charts, data, and reports.

o. Collaborates with USAID’s Monitoring and Evaluation (M&E) specialists and DRG/EPP staff to assist programs develop and implement tools and methods for data collection and analysis.

p. Works with the DRG Communications team to help visualize and report on EPP program impacts; and

q. Collaborates closely with USAID/DRG/EPP’s Contracting and Assistance Officer Representatives (COR/AOR) and the Contractor / implementing partner (IP) to document and integrate use of their data analysis capabilities and products with DRG/EPP efforts.

Level of Complexity for Work Assignments - At the GS-12 level, the EPP Funds and Program Support Specialist’s duties are significantly varied, and require knowledge and demonstrated experience managing assignments that involve multiple systems, processes and/or methods that are applied to a broad range of circumstances that require meaningful analysis. The EPP Funds and Program Support Specialist is required to support USAID/DRG/EPP staff in making decisions on issues that require research and analysis to determine the nature and scope of the problem(s) as well as recommendations to address those identified problems. The EPP Funds and Program Support Specialist is expected to apply new technologies and approaches or develop new information to respond to changes in the related programmatic, technological, and political environments. The EPP Funds and Program Support Specialist supports EPP develop and coordinate country specific EPP assistance strategies with specific goals, guidelines, and benchmarks. The EPP Funds and Program Support Specialist is expected to travel to USAID field missions to perform this work, which could include restricted environments or limited/non-presence USAID countries.

Knowledge Level - At the GS-12 level, the EPP Funds and Program Support Specialist will have a bachelor’s degree with study in a pertinent field. Although prior experience and/or technical knowledge of elections and political processes is desired, it is not required. Offerors with education and/or experience providing program and project support services, that are transferable to the successful completion of the duties described above, will be considered for this position.

Performance Guidelines – At the GS-12 level, the EPP Funds and Program Support Specialist works with guidelines from the Bureau and Agency that are broadly stated and non-specific, requiring interpretation. The EPP Funds and Program Support Specialist must demonstrate sound judgment, technical expertise, and ingenuity in interpreting guidelines.

Scope and Effect of Work Performed – At the GS-12 level, the EPP Funds and Program Support Specialist will be involved in all EPP sub-sectors (electoral security, political party strengthening, electoral administration, election monitoring and observation, civic or voter education, political participation, and others). Within these sub-sectors, the EPP Funds and Program Support Specialist will plan and execute EPP work products under the technical guidance, supervision, and/or direct interaction and coordination with EPP team members.

This work requires independent analysis, defining conditions and criteria, and resolving routine problems using creative approaches.

12. PHYSICAL DEMANDS

The work is generally sedentary and does not involve undue physical demands. If traveling overseas, the EPP Funds and Program Support Specialist may be subject to elements of physical exertion including longer periods of standing, walking over rough terrain, or carrying moderately heavy items.

II. MINIMUM QUALIFICATIONS REQUIRED FOR THIS POSITION

Education/Experience Required:

Education/Experience:

• Education: At the GS-12 level, the EPP Funds and Program Support Specialist will have a university degree at the bachelor-level with significant study in a pertinent field including but not limited to political science, government, international affairs, international development, business, communications, and project management. Verification in the form of transcripts, diplomas, and/or certificates is required prior to receiving an offer of employment.

• Experience: At the GS-12 level, the EPP Funds and Program Support Specialist will have 3 years work experience in a project-oriented field with at least 2 years of progressively responsible administrative support services and or project management work experience.

III. EVALUATION AND SELECTION FACTORS

The Government may award a contract without discussions with Offerors in accordance with FAR 52.215-1. The Contracting Officer (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.

Quality Ranking Factors (QRFs) Total Pre-Interview Points = 100

1. Technical Expertise (40 points) total as based on the following scoring factors:

Demonstrated ability to effectively carry out program and project-based administrative tasks, including budgeting, organization of events and meetings, and project management with attention to detail. Demonstrated expertise in conceptualizing strategies and creating and implementing systems to help manage, monitor, analyze, evaluate, and report on programs managed by a mid to large size operating unit.

A. Technical Competence - Experience demonstrates 2 years of progressively responsible experience in planning, evaluating, implementing work plan interventions for competing priorities, specifically related to general administrative program management and support functions.

B. Planning and Evaluating Competing Priorities – Experience demonstrates 2 years of progressively responsible experience in planning, evaluating, implementing work plan interventions for competing priorities, specifically related to funds management and related Data Analysis.

C. Data Analysis and Reporting - Experience demonstrates 2 years of progressively responsible experience regarding the ability to manage data analysis and related reporting for program funds and/or grants.

2. Teamwork (40 points) total as based on the following scoring factors:

Demonstrated ability to work 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 opinions.

A. Demonstrated Experience of working on mid to large diverse teams Experience should show Offeror has the ability to coordinate work portfolio with other organizations or parts of the organization to accomplish goals.

B. Adaptive Interpersonal Skills - Experience demonstrates Offeror’s ability to adapt oral, interpersonal, and virtual communication (emails and virtual chat platforms) styles to a variety of interactions with work colleagues.

3. Communication (20 points) total as based on the following scoring factors:

Demonstrated ability to communicate effectively orally and in writing with minimal editing or supervision. Proven track record of quickly gathering, analyzing and synthesizing information for use by principals. Demonstrated productive and positive working relationships, interactions, as well as written and oral communication with colleagues and peers. Demonstrated work experience that shows serving as primary author on a variety, both in type and purpose, of written documents that provided clear expression of written information to teams or individuals.

Quality Ranking Factors (QRFs): Total Interview Points = 100

Interviews may include both questions to clarify an Offerors 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 to a superior decision-maker on a defined topic. The scenario specifics and a sample memo template will be provided to Offeror. Interview points are added to pre-interview scores for a total of 200 possible points.

The relative weighting of evaluation criteria at the Interview stage is as follows:

Technical Expertise – 40 points Teamwork – 40 points Communication – 20 points

Reference Checks – Interviewed Offerors will be evaluated on their ability to work in dynamic and mid to large teams effectively based on feedback from references they provide as well as independent / separate sources that USAID contacts for interviewed candidates as part of final scoring that will determine top ranked candidate. USAID will specifically solicit feedback on the Offeror’s 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. Reference checks will also be used to confirm technical experience and skill level.

BASIS OF RATING:

Offerors will be first evaluated to determine they meet the minimum qualifications required for the position. Offerors who fail to meet the minimum qualifications will not be further evaluated.

Offerors who clearly meet the minimum requirements will be further evaluated to determine the most highly rated Offeror(s), based on the Offeror’s response to the Quality Review

Factors described above. Failure by the Offeror to specifically address the QRFs above may result in the Offeror not receiving credit for pertinent experience, education, training, and/or awards. Offers that are not most highly rated will not be further evaluated.

The most highly rated Offeror or Offerors may be invited to interview. References will be checked for all Offerors interviewed. USAID reserves the right to contact references from others who know the candidate’s work in addition to the references provided by the Offeror.

Offers (written materials and interviews) will be evaluated based on content and on the Offerors’ writing, presentation, and communication skill. Additionally, professional references will be incorporated into the Governments overall evaluation of an Offerors Technical Expertise, Communication, and Teamwork to determine the Offerors overall likelihood of successful performance.

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 offer, your resume must include:

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

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

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

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

● U.S. Citizenship.

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

● Name of reference.

● Offeror’s relationship to the reference.

● Title of reference at current job.

● Reference current telephone number.

● Reference current email address.

4. Supplemental document specifically addressing each of the three evaluation factors stated in the solicitation. The supplemental document must:

● Address each of the Evaluation and Selection Factors.

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

● Cite specific, illustrative examples for each factor.

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

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://www.usaid.gov/ads/policy/300/aidar.

(a) Temporary Quarter Subsistence Allowance (Section 120)

(b) Living Quarters Allowance (Section 130)

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

(d) Post Allowance (Section 220)

(e) Separate Maintenance Allowance (Section 260)

(f) Education Allowance (Section 270)

(g) Education Travel (Section 280)

(h) Post Differential (Chapter 500)

(i) Payments during Evacuation/Authorized Departure (Section 600), and

(j) Danger Pay Allowance (Section 650)

VII. TAXES

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

VIII. USAID REGULATIONS, POLICIES AND CONTRACT CLAUSES PERTAINING TO PSCs

USAID regulations and policies governing USPSC awards are available at these sources:

1. USAID Acquisition Regulation (AIDAR), Appendix D, “Direct USAID Contracts with a U.S.

Citizen or a U.S. Resident Alien for Personal Services Abroad,” including contract clause “General Provisions,” available at https://www.usaid.gov/ads/policy/300/aidar.

2. Contract Cover Page form AID 309-1.

ITEM

NO (A)

SUPPLIES/SERVICES (DESCRIPTION)

(B)

QUANTITY

(C)

UNIT

(D)

UNIT

PRICE (E)

AMOUNT (F)

0001 Base Period - Compensation, Fringe Benefits and Other Direct Costs (ODCs) - Award Type: Cost - Product Service Code: [e.g. R497] - Accounting Info: [insert one or more citation(s) from Phoenix/GLAAS]

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

1001 Option Period 1 – Compensation, Fringe Benefits and Other Direct

1 LOT $_TBD $_TBD at Award after

ITEM

NO (A)

SUPPLIES/SERVICES (DESCRIPTION)

(B)

QUANTITY

(C)

UNIT

(D)

UNIT

PRICE (E)

AMOUNT (F)

Costs (ODCs) - Award Type: Cost - Product Service Code: [e.g. R497] - Accounting Info: [insert from Phoenix/GLAAS] negotiations with Contractor

2001 Option Period 2 – Compensation, Fringe Benefits and Other Direct Costs (ODCs) - Award Type: Cost - Product Service Code: [e.g. R497] - Accounting Info: [insert from Phoenix/GLAAS]

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

3001 Option Period 3 – Compensation, Fringe Benefits and Other Direct Costs (ODCs) - Award Type: Cost - Product Service Code: [e.g. R497] - Accounting Info: [insert from Phoenix/GLAAS]

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

3. 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.

AIDAR 752.7013 CONTRACTOR MISSION RELATIONSHIPS (OCT 1989) [Deviation (June 2018)] (Deviation No. M-OAA-DEV-AIDAR-22-08c)

(a) The Contractor acknowledges that this contract is an important part of the United States

Foreign Assistance Program and agrees that its operations and those of its employees in the Cooperating Country will be carried out in such a manner as to be fully commensurate with the responsibility which this entails. This responsibility includes the Contractor ensuring that employees act in a manner consistent with the standards for United Nations (UN) employees in Section 3 of the UN Secretary-General’s Bulletin - Special Measures for Protection from Sexual Exploitation and Sexual Abuse (ST/SGB/2003/13).

(b) The Mission Director is the chief representative of USAID in the Cooperating Country. In this capacity, the Mission Director is responsible for both the total USAID program in the cooperating country including certain administrative responsibilities set forth in this contract, and for advising USAID regarding the performance of the work under the contract and its effect on the United States Foreign Assistance Program. Although the Contractor will be responsible for all professional, technical, and administrative details of the work called for by the contract, it must be under the guidance of the Mission Director in matters relating to foreign policy. The Chief of Party must keep the Mission Director currently informed of the progress of the work under the contract.

(c) If the Contractor determines that the conduct of any employee is not in accordance with the preceding paragraphs, the Contractor's Chief of Party must consult with the USAID contracting officer and the Mission Director and the employee involved and must recommend to the Contractor a course of action with regard to such employee.

(d) The parties recognize the rights of the U.S. Ambassador to direct the removal from a country of any U.S. citizen or the discharge from this contract of any individual (U.S., third-country, or cooperating country national) when, at the discretion of the Ambassador, the interests of the United States so require. Under these circumstances termination of an employee and replacement by an acceptable substitute must be at no cost to USAID.

(e) If it is determined, under paragraphs (c) and (d) above, that the services of such employee must be terminated, the Contractor must use its best efforts to cause the return of such employee to the United States or third country point of origin as appropriate.

(End of clause)

LIMITATION ON ACQUISITION OF INFORMATION TECHNOLOGY (APRIL 2018) (DEVIATION NOs.

M-OAA-DEV-FAR-22-03c and M-OAA-DEV-AIDAR-22-06c)

(a) Definitions. As used in this contract --

“Information Technology” means

(1) Any services or equipment, or interconnected system(s) or subsystem(s) of equipment, that are used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the agency; where

(2) Such services or equipment are ' used by an agency' if used by the agency directly or if used by a contractor under a contract with the agency that requires either use of the services or equipment or requires use of the services or equipment to a significant extent in the performance of a service or the furnishing of a product.

(3) The term " information technology" includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including provisioned services such as cloud computing and support services that support any point of the lifecycle of the equipment or service), and related resources.

(4) The term "information technology" does not include any equipment that is acquired by a contractor incidental to a contract that does not require use of the equipment.

(b) The Federal Information Technology Acquisition Reform Act (FITARA) requires Agency Chief Information Officer (CIO) review and approval of contracts that include information technology or information technology services.

(c) The Contractor must not acquire information technology as defined in this clause without the prior written approval by the contracting officer as specified in this clause.

(d) Request for Approval Requirements:

(1) If the Contractor determines that any information technology will be necessary to meet the Government’s requirements or to facilitate activities in the Government’s statement of work, the Contractor must request prior written approval from the Contracting Officer.

(2) As part of the request, the Contractor must provide the Contracting Officer a description and an estimate of the total cost of the information technology equipment, software, or services to be procured under this contract. The Contractor must simultaneously notify the Contracting Officer’s Representative (COR) and the Office of the Chief Information Office at ITAuthorization@usaid.gov.

(e) The Contracting Officer will provide written approval to the Contractor through modification to the contract expressly specifying the information technology equipment, software, or services approved for purchase by the COR and the Agency CIO. The Contracting Officer will include the applicable clauses and special contract requirements in the modification.

(f) Except as specified in the contracting officer’s written approval, the Government is not obligated to reimburse the Contractor for any costs incurred for information technology as defined in this clause.

(g) The Contractor must insert the substance of this clause, including this paragraph (g), in all subcontracts.

(End of Clause)

AIDAR 752.204-72 Access to USAID Facilities and USAID’s Information Systems (APRIL 2018) (DEVIATION NO. M-OAA-DEV-AIDAR-22-06c)

(a) HSPD-12 and Personal Identity Verification (PIV). Individuals engaged in the performance of this award as employees, consultants, or volunteers of the contractor must comply with all applicable Homeland Security Presidential Directive-12 (HSPD-12) and Personal Identity Verification (PIV) procedures, as described below, and any subsequent USAID or Government-wide HSPD-12 and PIV procedures/policies.

(b) A U.S. citizen or resident alien engaged in the performance of this award as an employee, consultant, or volunteer of a U.S firm may obtain access to USAID facilities or logical access to USAID's information systems only when and to the extent necessary to carry out this award and in accordance with this clause. The contractor's employees, consultants, or volunteers who are not U.S. citizens or resident aliens as well as employees, consultants, or volunteers of non-U.S. firms, irrespective of their citizenship, will not be granted logical access to U.S. Government information technology systems (such as Phoenix, GLAAS, etc.)

and must be escorted to use U.S. Government facilities (such as office space).

(c)

(1) No later than five business days after award, the Contractor must provide to the Contracting Officer’s Representative (COR) a complete list of employees that require access to USAID facilities or information systems.

(2) Before a contractor (or a contractor employee, consultant, or volunteer) or subcontractor at any tier may obtain a USAID ID (new or replacement) authorizing the individual routine access to USAID facilities in the United States, or logical access to USAID's information systems, the individual must provide two forms of identity source documents in original form to the Enrollment Office personnel when undergoing processing. One identity source document must be a valid Federal or State Government-issued picture ID. Contractors may contact the USAID Security Office to obtain the list of acceptable forms of documentation. Submission of these documents, to include documentation of security background investigations, is mandatory in order for the Contractor to receive a PIV/Facilities Access Card (FAC) card and be granted access to any of USAID's information systems. All such individuals must physically present these two source documents for identity proofing at their enrollment.

(d) The Contractor must send a staffing report to the COR by the fifth day of each month. The report must contain the listing of all staff members with access that separated or were hired under this contract in the past sixty (60) calendar days. This report must be submitted even if no separations or hiring occurred during the reporting period. Failure to submit the ‘Contractor Staffing Change Report’ each month may, at USAID’s discretion, result in the suspension of all logical access to USAID information systems and/or facilities access associated with this contract. USAID will establish the format for this report.

(e) Contractor employees are strictly prohibited from sharing logical access to USAID information systems and Sensitive Information. USAID will disable accounts and revoke logical access to USAID IT systems if Contractor employees share accounts.

(f) USAID, at its discretion, may suspend or terminate the access to any systems and/or facilities when a potential Information Security Incident or other electronic access violation, use, or misuse incident gives cause for such action. The suspension or termination may last until such time as USAID determines that the situation has been corrected or no longer exists.

(g) The Contractor must notify the COR and the USAID Service Desk at least five business days prior to the Contractor employee’s removal from the contract. For unplanned terminations of Contractor employees, the Contractor must immediately notify the COR and the USAID Service Desk (CIOHELPDESK@usaid.gov or (202) 712-1234). The Contractor or its Facilities Security Officer must return USAID PIV/FAC cards and remote authentication tokens issued to Contractor employees to the COR prior to departure of the employee or upon completion or termination of the contract, whichever occurs first.

(h) The contractor is required to insert this clause including this paragraph (h) in any subcontracts that require the subcontractor, subcontractor employee, or consultant to have routine physical access to USAID space or logical access to USAID's information systems.

(End of Clause)

4. 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.

5. 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.

6. PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES

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.

(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.

https://www.usaid.gov/work-usaid/personal-service-contracts-ombudsman https://www.usaid.gov/work-usaid/personal-service-contracts-ombudsman

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.

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 [insert the period of time within which the Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

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

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)…