DRG JRS Sol_7200AA25R00008 PSC ROL Advisor.pdf

SOLICITATION NUMBER: 7200AA25R00008

ISSUANCE DATE: December 4, 2024

CLOSING DATE AND TIME: January 13, 2025 at 4:00 pm EST

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

Justice, Rights, and Security (JRS), Rule of Law (ROL) Advisor at the GS- 14 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 7200AA25R00008

Justice, Rights, and Security (JRS), Senior Rule of Law (ROL) Advisor

I. GENERAL INFORMATION

1. SOLICITATION NO.: 7200AA25R00008

2. ISSUANCE DATE: December 4, 2024

3. CLOSING DATE/TIME FOR RECEIPT OF OFFERS: January 13, 2025, at 4:00 pm EST

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

5. POSITION TITLE: Justice, Rights, and Security (JRS), Senior Rule of Law (ROL) Advisor

6. MARKET VALUE: $139,395 to $181,216 which is equivalent to GS-14, with Washington

DC locality pay. Final compensation will be negotiated within the listed market value.

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 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: Two-year base period, with three (3) one-year options based on Agency need, as illustrated below, assuming a start date in September 2024.

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 Office of Justice, Rights, and Security (JRS) of USAID's Bureau for Democracy, Human Rights and Governance (DRG) in Washington, D.C. The DRG Bureau spearheads the Agency’s thought leadership to invigorate democracy, enhance human rights and justice, and bolster governance that advances the public interest and delivers inclusive development. It accomplishes this by supporting the design and implementation of programs that promote good governance, rule of law, elections and political processes, civil society and media, human rights, mailto:efanelli@usaid.gov and other related fields at over 90 USAID field missions worldwide. In addition, the Bureau shapes Agency policy and development agendas, generates knowledge and evidence that drives innovation, catalyzes international partnerships, and mobilizes cutting-edge programs and technical assistance to enable USAID’s Missions and partners to accelerate democratic development globally.

USAID currently annually manages over $1.7 billion democracy promotion programs. The DRG Bureau's annual budget is approximately $125 million and includes a staff of over 120 U.S. Direct Hires (USDHs), contractors, and fellows. JRS is one of the DRG Bureau’s eight technical offices.

Other DRG offices include Management and Cadre Support, Anti-Corruption; Civil Society, Labor, and Media; Elections and Political Processes; Global Trends and Technology; Governance; Policy, Learning, and Integration; and the Program Office.

JRS supports USAID Missions, Bureaus, and Independent Offices (M/B/IOs) throughout all phases of the program cycle to help close the global justice gap; make human rights values and norms actionable, enforceable, and realizable; and prevent and respond to crime, violence, and extremism. It serves missions and other offices by: 1) providing state-of-the-art technical leadership in strategy and program design; 2) undertaking assessments and contributing to applied research that inform innovative, evidence-based and results-oriented activities; 3) translating knowledge and learning into accessible training, tools, and resources for the global DRG cadre; 4) stewarding funding and global field support mechanisms that enable Missions to respond to critical opportunities and urgent needs; 5) shaping USAID, interagency, and multilateral policy discourse and frameworks to enable more effective engagement and assistance; and (6) serving as technical representatives and collaborators with peer donors, civil society, and experts in our field.

The Rule-of-Law (ROL) Team, which is one of JRS’s three technical teams, along with Human Rights and Countering Trafficking in Persons, has launched a new integrated strategy. The strategy will 1) promote the USAID’s new Rule of Law Policy (adopted in 2023) within the Agency and its people-centered justice approach in its programming and in international fora; 2) spearhead applied research and thought leadership through the USAID ROL Innovation, Design, Experimentation, Acceleration, and Solutions (IDEAS) Lab in order to inform USAID’s ROL assistance activities; 3) support missions in designing and implementing innovative and evidence-based ROL strategies and programming anchored in the concept of people-centered justice; and 4) help to strengthen the capacity of USAID’s DRG cadre to design and manage effective ROL assistance activities by implementing an innovative technical training program. The Rule of Law Advisor (Advisor), as with all team members, is expected to contribute to all aspects of the strategy.

DUTIES AND RESPONSIBILITIES

General – The JRS Rule of Law Advisor duties and responsibilities are varied and include several functions that contribute to achieving the team strategic goals and to the broader JRS office and Agency mission and policies, as they relate to USAID’s rule-of-law work. This includes supporting excellence in rule-of-law programming through technical expertise, primarily provided to USAID’s overseas missions but also to other agency bureaus and independent offices, when required. The

Advisor also provides strategic leadership and serves as the contracting officer representative (COR) providing technical and contractual oversight of the contractor implementing USAID’s Rule of Law IDEAS Lab. The Advisor influences the development of USAID’s mission and policies and promotes them in different forums, including conferences, workshops, and panels as an expert in rule of law systems and reforms and helps strengthen USAID’s rule of law programming and DRG cadre through training activities. These general responsibilities will be carried out through a combination of Washington, DC-based support and overseas TDYs. The geographic scope of the Advisor’s work is world-wide and varied to reflect changing country and political context.

Supervisory Relationship - The Senior Rule of Law Advisor reports to the Rule-of-Law Team Leader, who in turn reports to the JRS Office Director. The incumbent coordinates and works collaboratively with other members of the ROL team and the JRS Office, as well as other DRG Bureau offices on shared priorities and engages and supports USAID Mission personnel when on TDY and with individuals from other USAID operating units as appropriate. The Advisor and Team Leader jointly develop a work plan that outlines specific priorities and deliverables, which the Advisor will independently plan, design, and achieve (with minimal supervision). Many of those lines of effort may require input and coordination with other USAID staff, which the Team Leader and Office Director will facilitate as needed. The position may supervise other USPSCs but otherwise has no direct oversight of staff.

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

Rule of Law Advisor Specific Duties at the GS-14 Equivalent Level:

Provide Rule-of-Law Technical Expertise

1. Conduct and/or serve as technical expert for mission-based, ROL assessments that identify programming needs, opportunities, and entry points.

2. Support/lead USAID missions in designing rule-of-law strategies and evidence-based programs, including translating program ideas into practical and feasible procurement parameters.

3. Advise missions in shaping rule-of-law-related monitoring, evaluation, and learning (MEL) strategies and plans and revising programs and activities to respond to operational changes.

4. Participate in mission-led, technical evaluation committees to review and recommend assistance applications and contract proposals as part of USAID’s procurement processes.

Serve as the Rule-of-Law Lab’s Activity Manager and/or Contracting Officer's Representative

(COR)

5. Provide technical direction to the Rule of Law Lab’s contractor on interventions that support programmatic experimentation, learning, and knowledge management.

6. Ensure the completion of deliverables by the Lab’s contractor, including contract products and reporting requirements.

7. Manage the Lab’s budgetary and financial requirements and advocate for its continued funding.

8. Oversee the development of communications and technical products by the Lab to increase visibility of USAID’s rule-of-law programs and policies.

Develop and Implement Rule-of-Law Training Activities

9. Help shape the content and style of rule-of-law training materials and modules.

10. Co-Lead training activities that strengthen the capacity of USAID’s DRG cadre to design and implement DRG/ROL programs.

Represent and Advocate for USAID on Rule-of-Law Matters

11. Participate in and represent USAID at domestic and international fora on topical rule-of-law issues.

12. Contribute to the development and advancement of rule-of-law policies, strategies, and guidance within the Agency

13. Review written materials (memoranda, budget-related documents, internal discussion papers, etc.) that directly or indirectly impact USAID ROL portfolio for accuracy and consistency.

14. Draft of talking points, briefing materials, informational memoranda, and other information materials to communicate the importance of the rule of law and associated programming to Congress, the USG Interagency, international partners, and other stakeholders by USAID’s senior leadership.

15. Develop and manage professional relationships that connect people, tools, and resources across the Agency, the interagency, and the broader global development landscape.

16. Work with global practitioners and non-traditional partners to build consensus, validate, and evaluate new ideas and approaches to address rule-of-law-related challenges.

Degree of responsibility for decision-making assigned to the position – At the GS-14 level the JRS Senior ROL Advisor receives administrative direction in regards to technical performance and policy guidance, but exercises independent judgment while performing this work with wide latitude and exercise discretion, judgment, and personal responsibility in carrying out the following categories of duties: Develop diverse rule-of-law strategies based on a wide variety of country-specific circumstances; design technically complex programs based on the unique needs of each recipient country and USAID mission; direct the work of the contractor implementing the USAID Rule of Law IDEAS Lab; shape the content of and deliver rule-of-law training to USAID’s DRG cadre; as well as represent and advocate for USAID on rule-of-law matters within USAID, the USG interagency, and in international fora.

Level of complexity for work assignments - At the GS-14 level the JRS Senior ROL Advisor duties are significantly varied, with uncertain and/or ambiguous pathways to achieve goals or address complex problems related to the rule of law, because of the position's global scope. The JRS Senior ROL Advisor will regularly demonstrate an ability to design and manage new, novel, and ambitious approaches to addressing this broad range of situations, reflecting an ability to deeply analyze using data and research. The JRS Senior ROL Advisor supports the rule of law portfolio worldwide at USAID and significantly contributes to and leads the design, implementation, and evaluation of rights-related assistance programs worldwide.

Knowledge level required - At the GS-14 level the JRS Senior ROL Advisor demonstrates mastery in an area related to ROL. The JRS Senior ROL Advisor must apply experimental theories and new development approach to problems not susceptible to accepted methods and must disseminate understanding of those new methods to the greater DRG cadre.

Performance Guidelines - At the GS-14 level the JRS Senior ROL Advisor works within guidelines from the DRG Bureau and the Agency, such as the Agency Evaluation Policy and the Open Data Policy, that are broadly stated and non-specific, requiring extensive interpretation. As the role requires the incumbent to interpret and translate policy specific to rule of law reform to the greater DRG cadre, the Senior Advisor demonstrates ingenuity and judgment in the interpretation, dissemination, and application of these policies to the work.

Scope and effect of the work performed - At the GS-14 level the JRS Senior ROL Advisor is highly involved in a variety of development programming settings that present a broad range of problem sets and require new innovative programming approaches to advance USAID’s new ROL policy. As such, the Senior Advisor is a recognized ROL expert based on their broad experience designing, implementing, evaluating, and advocating rule-of-law issues in diverse geographic settings and technical subject matters. The Senior advisor’s work has a substantial impact on the design, implementation, and evaluation of mission programs as well as on a number of beneficiaries of USAID’s ROL assistance activities. Although the Senior Advisor will not have a supervisory role, they play a critical role in guiding mission teams to develop responsive and effective technical programming. Moreover, the Senior Advisor provides strategic direction to the implementing partner responsible for the ROL IDEAS Lab.

Level and purpose of contacts – At the GS-14 level the JRS Senior ROL Advisor skillfully influences and motivates people or groups and establishes rapport to gain and relay information. This may include persuading USAID mission staff, high level local officials and/or USAID’s local implementing counterparts to adopt certain programming approaches or interventions. The incumbent consults with other professional or technical personnel affiliated with other organizations and bodies active in the field of international development and more specifically rule of law issues. In these communications, the incumbent demonstrates consideration of protocol, respect and empathy for others, and sound judgment and collegiality while advancing the agenda of DRG programming and goals relevant to rule of law reform.

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-14 equivalent level, the JRS ROL Senior Advisor’s:

Education must include an advanced University degree with study in a pertinent DRG field, including but not limited to: law, international affairs, public policy, or similar areas of academic study.

Experience must include a minimum of seven (7) years of progressive experience in international development with focus in DRG and Rule of Law programming, and overseas experience, either long- or short-term assignments, in an international assistance setting.

III. EVALUATION AND SELECTION FACTORS

The Government may award a contract without discussions with offerors in accordance with FAR 52.215-1. The CO reserves the right at any point in the evaluation process to establish a competitive range of offerors with whom negotiations will be conducted pursuant to FAR 15.306(c). In accordance with FAR 52.215-1, if the CO determines that the number of offers that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the CO may limit the number of offerors in the competitive range to the greatest number that will permit an efficient competition among the most highly rated offers. The FAR provisions referenced above are available at https://www.acquisition.gov/browse/index/far.

Quality Ranking Factors (QRFs) include:

1. Technical Expertise

● Demonstrated mastery of an area of specialization related to DRG ROL programming in and for overseas contexts.

● Demonstrated experience as a DRG / ROL knowledge leader as advisor, expert, and trainer.

● Experience managing DRG / ROL related contracts and awards to include providing technical oversight and direction, compliance with terms and conditions, and financial management including budgeting practices and processes.

2. Communication

● Demonstrated expertise in communicating orally to senior managers, e.g., briefings for senior officials and substantive technical presentations, and groups to influence, motivate or direct.

● Demonstrated experience and ability to synthesize information and write complex, ROL-related technical documents as well as outreach materials with minimal editing or supervision in short time frames.

3. Teamwork and Professionalism

● Demonstrated experience working effectively and collaboratively on diverse teams, both as a team leader and as a team member, to achieve desired outcomes.

● Demonstrated use of sound judgment and collegiality when working in multicultural environments with colleagues of diverse backgrounds and technical expertise.

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. 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:

● Technical expertise/ability (60 percent)

● Communication experience/ability (30 percent)

● Teamwork/cooperation (10 percent)

Offerors written submission should demonstrate the Offerors’ qualifications to perform the duties and take on the responsibilities outlined above. Failure by the Offeror to specifically address the QRFs during this process may result in the Offeror not receiving credit for pertinent experience, education, training, and/or awards. Written Offers that are not most highly rated will not be further evaluated. Offerors may receive up to a maximum of 100 points based on their initial written submission.

The highest ranked Offeror or Offerors may be invited for an interview. 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 or verbal test to evaluate the Offeror’s 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 ROL topic. Interviews with individual Offerors will be evaluated to determine the highest ranked Offeror based on the following weighted scoring of the QRFs.

● Technical expertise/ability (35 percent)

● Communication experience/ability (35 percent)

● Teamwork/Professionalism (30 percent)

Offerors may receive a maximum of 100 points, at the interview stage. Interview scores will be added to the Offeror’s initial score, for a total of 200 points overall.

Reference Checks: USAID will contact references for all Offerors who are interviewed. 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, in accordance with 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.

Professional references will be incorporated into the Government’s overall evaluation of an Offeror’s Technical Expertise, Communication, and Teamwork and Professionalism to determine the Offeror’s 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 written 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 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:

● 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 QRFs stated in this 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://aoprals.state.gov/content.asp?content_id=282&menu_id=101.

(a) Temporary Quarter Subsistence Allowance (Section 120)

(b) Living Quarters Allowance (Section 130)

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

(d) Post Allowance (Section 220)

(e) Separate Maintenance Allowance (Section 260)

(f) Education Allowance (Section 270)

(g) Education Travel (Section 280)

(h) Post Differential (Chapter 500)

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

(j) Danger Pay Allowance (Section 650)

VII. TAXES

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

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

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

1. USAID Acquisition Regulation (AIDAR), Appendix D, “Direct USAID Contracts with a U.S. Citizen or a U.S. Resident Alien for Personal Services Abroad,” including contract clause “General Provisions,” available at https://www.usaid.gov/ads/policy/300/aidar.

2. Contract Cover Page form AID 309-1 available at https://www.usaid.gov/forms.

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 -

1 LOT $_TBD $_TBD at Award after negotiations 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)

Product Service Code: R497 - Accounting Info:

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

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.

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. 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 http://www.usaid.gov/work-usaid/aapds-cibs http://www.usaid.gov/work-usaid/aapds-cibs 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 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.

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 [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.

https://www.sam.gov/

(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) 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…