DRG USPSC 7200AA21R00062 Legislative Strengthening Advisor.pdf

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

SOLICITATION NUMBER: 7200AA21R00062

ISSUANCE DATE: 06/04/2021

CLOSING DATE AND TIME: 06/21/2021 at

2:00 PM EDT

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

Dear Prospective Offerors:

The United States Government, represented by the U.S. Agency for International Development (USAID), is seeking offers from qualified persons to provide personal services under contract as described in this solicitation.

Offers must be in accordance with Attachment 1 of this solicitation. Incomplete or unsigned offers will not be considered. Offerors should retain copies of all offer materials for their records.

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

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

Sincerely, Mir Ershadullah Contracting Officer

7200AA21R00062

USPSC- Legislative Strengthening Advisor

ATTACHMENT 1

I. GENERAL INFORMATION

1. SOLICITATION NO.: 7200AA21R00062

2. ISSUANCE DATE: 06/04/2021

3. CLOSING DATE AND TIME FOR RECEIPT OF OFFERS: 06/21/2021 at 2 PM EDT

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

5. POSITION TITLE: Legislative Strengthening Advisor

6. MARKET VALUE: $122,530 - $159,286 per annum equivalent to GS-14 Final compensation will be negotiated within the listed market value.

If the position is for a Washington, D.C. based PSC, offerors who live outside the Washington, D.C. area will be considered for employment, but no relocation expenses will be reimbursed.

7. PERIOD OF PERFORMANCE: 2 year, with up to three one-year option periods. Based on the Agency need, the Contracting Officer may exercise option period(s) for one year for the date(s) estimated to as follows:

Base Period: 10/01/2021-9/30/2023 Option Period 1: 10/01/2023-9/30/2024 Option Period 2: 10/01/2024-9/30/2025 Option Period 3: 10/01/2025-9/30/2026

8. PLACE OF PERFORMANCE: Washington, D.C. with possible travel overseas as stated in the Statement of Duties.

9. ELIGIBLE OFFERORS: U.S. citizen

10. SECURITY LEVEL REQUIRED: Secret

11. STATEMENT OF DUTIES

Background

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

The DRG Center’s Governance Team (GOV) leads USAID’s efforts to help countries build public institutions that are resilient, transparent, accountable, and responsive to citizens. This includes enhancing the capacity and incentives of executive and legislative institutions at all levels of government to provide effective, inclusive and citizen-responsive services and to efficiently and transparently mobilize, spend, and account for public resources to meet development and economic growth objectives. The GOV team leads USAID’s systems-oriented anti-corruption work, including activities to strengthen the ability of countries to prevent, detect, investigate and sanction corruption, as well as to integrate these approaches across USAID programming. The GOV team also serves as the Urban focal point at USAID, coordinating programming and strategic thinking among pillar and regional bureaus to leverage urbanization in support of economic development and improved service delivery. As part of its core service mandate, GOV provides technical expertise, support, and leadership on these issues to USAID operating units, interagency teams, and multilateral partners.

GOV works collaboratively with other DRG Teams and USAID operating units to provide USAID Missions and DRG officers worldwide with innovative and integrated technical assistance and design programs and strategies aimed at enhancing the efficiency, effectiveness, and accountability of public institutions across all branches of government and at the national and local level. This includes the design of both global and country-level activities; capacity building; assessments and evaluations; global mechanism management; stewardship of centrally-managed funds; and comparative research and learning efforts.

The GOV Team provides leadership in and supports USAID programming across four broad sub-teams:

• Effective National Institutions (GOV/ENI)

• Local and Urban Governance (GOV/LUG)

• Transparency, Accountability & Anti-Corruption (GOV/TAAC); and

• Economic Governance (GOV/EG)

The Effective National Institutions (GOV/ENI) sub-team strengthens the capacity and incentives of national governments to be effective, responsive and accountable to citizens by strengthening public administration and core governance capacity. This includes USAID programming in:

• Executive branch strengthening, including public administration and policy

• reform and civil service reform and human resource management, and

• Legislative branch strengthening, including work to strengthen parliamentary

• functioning and oversight.

Work in this area contributes to stronger democratic governance, improved business enabling environments, greater oversight and accountability of public resources, and more resilient public institutions, all of which are critical to the goal of assisting countries in meeting their own national development objectives and the Sustainable Development Goals.

A key focus of GOV/ENI’s work is aimed at supporting national legislatures and other deliberative bodies to more effectively perform their three most fundamental tasks; (1) representation (2) lawmaking and budget formulation, and (3) oversight. Legislatures have a key role to play in advancing citizen-responsive reform agendas, providing critical checks and balances on executive power, and increasing government openness and transparency. Strong and technically competent legislatures are essential to ensuring that the executive branch is accountable to the citizens they represent. By effectively exercising their budget and oversight authorities, legislatures can play an important role in preventing and combating corruption and in ensuring that public resources are used for their intended purposes.

USAID programs in the legislative strengthening area focus on improving the core law-making, representation, budget formulation, and oversight functions of legislative bodies at both the national and local (including urban) levels. This includes enhancing internal public planning, administration and budgeting processes. These programs also enhance the overall independence of the legislature, and strengthen their unique role in providing both a check on executive overreach and oversight in the use of executive powers (including, e.g., their ability to question and confirm ministers and justices, hold hearings, sanction malfeasance, request audit and investigation, and appropriate public funds). Finally, they support separation of powers principles while building a holistic approach to effective democratic governance.

Working as part of the GOV/ENI Team, the primary focus of the Legislative Strengthening Advisor will be to serve as a senior technical expert and resource for the DRG Center, USAID Missions, the Agency, and the interagency in the area of legislative strengthening. The Advisor will lead or contribute to the design of USAID legislative strengthening programming; contribute to Agency and Mission strategic documents; lead the development of legislative strengthening-related performance indicators and participate in evaluations; participate in DRG and other assessments; support cross-sectoral programming; deliver training; and lead the development of technical materials related to legislative strengthening.

The incumbent is expected to carry out work assignments using independent professional judgment to ensure effective technical leadership and technical support for USAID’s DRG sector in Washington and overseas Missions. On assignment and in Washington D.C., s/he will work closely with USAID and interagency colleagues to: identify opportunities to advance USAID and DRG priorities; design activities responding to those opportunities; support Agency-wide learning to increase legislative strengthening evidence base; oversee implementation of Washington-managed mechanisms; and other associated technical and managerial assistance. Under the direction of the

GOV/ENI Team Lead, the Legislative Strengthening Advisor will work closely with a broad range of internal and external stakeholders, including other DRG and DDI colleagues, USAID staff in other bureaus and operating units, interagency colleagues, and implementing partners. The incumbent’s responsibilities will be geographically world-wide, varied, and dynamic to reflect changing circumstances facing USAID and the DRG Center.

Duties and responsibilities of the position:

• Serves as a technical authority on issues related to the legislative branch of government, and develops USAID designs, plans, and strategies related to strengthening the overall functionality, representation, budget formulation, and oversight capacities of legislative bodies at the national and local levels. This includes but is not limited to: internal legislative functioning and representation, public administration and lawmaking, legislative input into budget planning and oversight, management of national audit institutions (where relevant), and oversight of executive actions. Maintains expertise in legislative strengthening indicators, technical approaches, and evaluation to effectively influence the implementation of USAID DRG programming and contribute to learning. Responsible for drafting guidance documents, toolkits, training modules, and other products to disseminate effective approaches to legislative strengthening, and to inform the planning, design, and monitoring of legislative strengthening activities.

• Collaborates closely with colleagues across the DRG Center to enhance USAID programming involving the legislative branch, including with the DRG/DEPP team on the connections with political party development and elections; the GOV/EG subteam on enhancing legislative public financial management and budgeting capacity; and with the GOV/TAAC subteam on approaches to enhance legislatures’ role in preventing and combating corruption.

• Responds to USAID Missions’ requests for parliamentary or legislative strengthening-related technical assistance in all phases of the USAID Program Cycle. This includes assisting Missions with assessments during various planning phases to determine needs, opportunities and entry points for assistance efforts. It also entails providing technical input and guidance to Missions on the design of legislative strengthening-related programs and activities and helping Missions identify and apply evidence-based approaches that are responsive to contextual factors (e.g. political economy) that increase or decrease the likelihood of success. Technical assistance may also involve helping Missions with the monitoring and evaluation of field programs and helping Missions adapt their programs and activities to changing circumstances and to further expand the DRG sector’s evidence base and learning.

• Provides policy recommendations and technical advice to high level (DRG Center leadership and DAA) officials within USAID, on both technical, country, regional and Agency-wide policy priorities related to legislative strengthening and oversight.

Coordinates stated DRG activities with the Bureau for Policy, Planning and Learning, the Office for Budget Resources Management, and the Office of General Counsel, relevant cross-Agency Policy Task Teams, and other Bureaus as appropriate. Comments on relevant sections of proposed legislation and prepares or reviews position papers, reports and other documents when requested. Participates in and serves as a subject matter expert in intra and inter-agency meetings on legislative strengthening.

• Maintains and expands technical expertise on the effective use of assistance programs to strengthen legislatures. Engages with the broader DRG community of practice (including other DRG teams, implementing partners and other practitioners) and works with DRG’s Learning Division to expand USAID’s evidence base through original research and literature reviews.

• Translates technical expertise into tools and guidance that can be easily applied by USAID field officers, including developing or improving resources that help field officers diagnose legislative strengthening challenges and identify entry points for programming, assess the political economy factors that may contribute to or detract from the effectiveness of various approaches, and apply evidence that DRG’s Learning Team has identified, among other purposes. This may include offline or online toolkits, the development and delivery of in-person or distance learning training modules, and technical contributions to public platforms such as USAID’s Learning Lab, among others.

• Maintains a continuous interchange with other technical officers in USAID for information-sharing, identification of opportunities and constraints to cross-cutting programs, best practices, joint field support and training, as well as research platforms and monitoring and evaluation systems. Enhances and coordinates effective working relationships across sectoral lines, identifying opportunities for interaction and impact between program areas and ensuring that programs are managed to gain the greatest possible benefit from such interactions.

• The Legislative Strengthening Advisor will be required to become certified as a Contracting Officer’s Representative (COR)/Agreement Officer’s Representative (AOR) for DRG legislative strengthening projects and take on COR/AOR/Activity Manager duties as assigned. This will include performing the full range of project management functions:

prepares planning, authorization and implementation documents (e.g., their timely clearance and execution); monitors grantee and contractor performance and project progress to identify substantive or administrative problems, taking corrective action with respect to modifications in projects, initiates and reviews interim and final evaluations. The Advisor will also provide technical input on the use of flagship GOV Team field support resources, including global programming mechanisms.

Further, the Legislative Strengthening Advisor will, as necessary:

o Conduct multiple-week visits to USAID partner countries, including critical restricted environment countries such as Afghanistan, Iraq, Pakistan, South Sudan, and others to perform various legislative strengthening assessments and assist with Mission strategy and activity design, activity procurement, and activity implementation tasks.

o Fill critical staffing needs in Washington D.C. including the provision of support to new country start-ups and on-call technical assistance on legislative strengthening activities;

o Manage, review, and monitor the plans and activities of DRG implementing partners and ensure coordination of partner programs with USAID missions and other donors and international organizations;

o Provide technical assistance to ongoing evaluations of DRG programs in the field;

o Participate in DRG assessments in individual countries;

o Within the guidelines provided by the relevant DRG leadership and GOV/ENI Team

Lead, negotiate program and project agreements with governmental and NGO counterparts;

o Develop relationships with NGOs, international donors, USG agencies, academic institutions, and others interested in the DRG country program;

o Participate in selecting contractors and grantees to work under DRG programs;

o Create assessments, monitoring, and evaluation targets and measurement goals that measure legislative strengthening program impact. Monitor and evaluate country programs, individual projects, and contractor and grantee performance.

Supervisory Controls: The Legislative Strengthening Advisor will report to the GOV/ENI Sub-Team Lead. S/he will regularly work with other members of the GOV Team and DRG Center, coordinate with other divisions in the Center on shared priorities, engage and support USAID Mission personnel when on TDY, and with individuals from other USAID operating units as appropriate. The PSC and supervisor will jointly develop a work plan that outlines specific priorities and deliverables, which the PSC will independently plan, design, and carry out (typically resolving technical problems without reference to supervisors). Many of those lines of effort may require input and coordination with other USAID staff, which the PSC will facilitate as needed.

Complexity: The Advisor’s duties will be significantly varied and require many different unrelated processes and methods that are applied to a broad range of problems and situations that require a substantial depth of analysis. The Advisor will be required to support the Administrator, Senior Leadership, and interagency counterparts, in making decisions on largely undefined issues and elements that require extensive probing and analysis to determine the nature and scope of the problems. The Advisor will be expected to originate new technologies, approaches, or develop new information to address continuing changes in program, technological developments, unknown phenomena, or conflicting requirements. The Advisor will develop and coordinate assistance strategies GOV issues with specific goals, guidelines, benchmarks, and impact assessments (including support to strengthen transparency and accountability).

Scope and Effect: The Advisor will assist in providing oversight and coordination of USG resources, programs, projects, and international activities to support legislative strengthening and good governance. The work includes isolating and defining unknown conditions, resolving critical problems, and developing major aspects of programs. The Advisor will serve as a Senior Technical Expert on Legislative Strengthening and will provide direct guidance for missions on the development of administrative or professional programs to advance USAID’s DRG strategy, as it pertains to Legislative Strengthening--both in Washington, D.C. and at USAID missions in the field.

Personal Contacts: The Advisor will serve as the Agency’s lead technical expert and advise the USAID Administrator and equivalent interagency counterparts on matters relating to Legislative Strengthening and decentralization and represent the United States Government (USG) on such matters in meetings with foreign governments and multilateral institutions. The purpose of these contacts is to coordinate and support the vision for and programmatic direction of USAID. The PSC will have responsibilities to lead and guide USAID technical experts and other professionals on coordinating programs and drafting guidance.

Purpose of Contacts: The Legislative Strengthening Advisor will represent USAID in meetings with foreign governments and multilateral institutions. S/he will engage with senior level officials of academic institutions and independent DRG organizations, and may be required to respond to inquiries from Congressional staff, the National Security Council, the Department of State, and other interagency counterparts. The purpose of these contacts will be to inform leaders in the U.S.

Government and in the DRG sector more broadly of the evidence underpinning USAID DRG Legislative Strengthening assistance, and to continually improve USAID’s collection and analysis of DRG data so as to contribute to advances in the sector overall.

Guidelines: Guidelines are broadly stated and non-specific, requiring extensive interpretation. The PSC is recognized as an expert technical advisor in the development and interpretation of legislative strengthening policy and guidance. Judgement and ingenuity is required to interpret the intent of guides and to develop applications/guidelines.

Travel requirements, if any, including an estimate of the number or frequency of trips and locations: The PSC should expect to spend up to 25% of her/his time on TDY, including to restricted environments.

12. PHYSICAL DEMANDS: The work is generally performed in an office environment, is sedentary (although standing desks are available), and does not pose undue physical demands. Telework may be required due to the work posture of the agency related to health or security concerns.

II. MINIMUM QUALIFICATIONS REQUIRED FOR THIS POSITION

Education/Experience:

• Doctorate and at least 5 years of progressively responsible experience in international development related to legislative strengthening and governance;

• OR a Master’s degree plus at least 7 years of progressively responsible experience in international development related to legislative strengthening and governance;

• OR a Bachelor’s degree plus at least 10 years of progressively responsible experience in international development related to legislative strengthening and governance.

And

• U.S. Citizenship

• Ability to obtain a SECRET level security clearance as provided by USAID;

• Verification of academic credentials;

• A current list of references;

• Must not appear as an excluded party in the System for Award Management

(SAM.gov); and

• Supplemental document specifically addressing the Quality Ranking Factors (QRFs).

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

The Technical Evaluation Committee (TEC) will select candidates to interview based on a preliminary review of applications. References will be checked only for those candidates interviewed. The TEC can request references from others who know the candidate’s work in addition to the references provided by the candidate. Upon completion of interviews and reference checks, TEC members will revise their scores for those candidates.

The Evaluation Factors are used to determine the competitive ranking of qualified offerors in comparison to other offerors.

Quality Ranking Factors (QRFs):

1. Technical Expertise (50 points):

Demonstrated ability to provide high-level analysis and technical assistance regarding legislative strengthening in dynamic country contexts. Demonstrated technical expertise in conceptualizing strategies and designing programs and activities that strengthen legislatures as core democratic institutions and enable them to fulfil their representation, lawmaking, budget formulation, and oversight roles independent of the executive branch. Demonstrated expertise in applying political economy analysis and adaptive management to respond to the motivations of host country actors who might contribute to or impede the success of USAID activities.

2. Communication (30 points):

Demonstrated ability to communicate effectively orally and in writing with high-level officials or at legislative forums 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 and communication with colleagues and peers.

3. Teamwork and Professionalism (20 points):

Proven track-record of working effectively and collaboratively on diverse teams, both as a team leader and as a team member. Sound judgment and collegiality when working in environments with colleagues of diverse backgrounds and opinions. Proven ability to effectively and diplomatically navigate intra- and inter-agency dynamics and promote increased coordination, knowledge-sharing, collaboration, and collegiality across operating units, bureaus, agencies and with mission staff.

BASIS OF RATING: Offerors who clearly meet the Education/Experience Requirements and

Selection Factors will be further evaluated based on scoring of the Evaluation Factor responses.

Offerors are required to address each of the Evaluation Factors in a separate document describing specifically and accurately what experience, training, education and/or awards they have received that are relevant to each factor. Be sure to include your name and the announcement number at the top of each additional page. Failure to specifically address the Selection and/or Evaluation Factors may result in your not receiving credit for all of your pertinent experience, education, training and/or awards. Responses must be limited to 500 words per factor. Any additional words above the limit will neither be read nor scored.

Total rating system is as follows:

1.Technical Expertise: 50 points 2.Communication: 30 points 3.Teamwork: 20 points Total Possible Points: 100 points

The successful candidate will be selected based on a review of her/his qualifications, work experience, skills, and abilities; and an interview including a written examination. Applicants who are selected for an interview will be contacted by the chairperson of the Technical Evaluation Committee. Security clearances will be required after selection of candidate.

Professional references and academic credentials will be evaluated for offeror(s) being considered for selection. USAID will not pay for any expenses associated with the interviews. Interviews conducted in person will be held at USAID offices in the Washington, D.C. region. While in person interviews are preferred, interviews by telephone or video may also be conducted. In addition, offers (written materials and interviews) will be evaluated based on content as well as on the offeror’s writing, presentation, and communication skills. Please be advised that references may be obtained independently from other sources in addition to the ones provided by the offeror. In the event that USAID is unable to obtain any information from references, the offeror will be assigned a “neutral” rating for professional references. Offerors may be requested to submit official academic transcripts or other certification showing that the offeror has obtained the required education level. Satisfactory verification of academic credentials is required prior to receiving an offer. USAID reserves the right to select additional offeror(s) to fill possible future vacant positions if vacancies become available during the selection process.

IV. SUBMITTING AN OFFER

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

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

Offerors interested in applying for this position MUST submit the following materials:

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

Information for Personal Services Contracts with Individuals,” available at http://www.usaid.gov/forms. This form must be physically signed (hand-written signature).

Unsigned forms will not be accepted. Electronic signatures will not be accepted.

2. Complete resume. Your resume should contain sufficient information to make a valid determination that you fully meet the education and experience requirements as stated in the solicitation. This information should be clearly identified in your resume. Failure to provide information sufficient to determine your qualifications for the position will result in loss of full consideration.

In order to fully evaluate your offer your resume must include:

(a) Paid and non-paid experience, job title, location(s), dates held (month/year), and hours worked per week for each position. Any experience that does not include dates (month/year), locations, and hours per week may not be counted towards meeting the solicitation requirements.

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

(c) Education and any other qualifications including job-related training courses, job-related skills, or job-related honors, awards or accomplishments. Upon request, transcripts and/or certifications must be submitted.

3. List of References. Offerors must submit three (3) professional references, who are not family members or relatives, who have knowledge of the offeror’s ability to perform the duties set forth in this solicitation. At least one (1) reference must be from a direct supervisor (current or prior).

Submitted references MUST include the following information:

(a) Name of reference;

(b) Offeror’s relationship to the reference;

(c) Title of reference at current job;

(d) Reference current telephone number; and

(e) Reference current email address.

4. Supplemental document specifically addressing the Quality Ranking Factors. Responses are limited to no more than 500 words per factor. Any additional words above the limit will neither be read nor scored.

Additional documents submitted will not be accepted. Incomplete or late offers will not be considered.

By submitting your offer materials, you certify that all of the information on and attached to the offer is true, correct, complete, and made in good faith. You agree to allow all information on and attached to the offer to be investigated.

False or fraudulent information on or attached to your offer may result in you being eliminated from consideration for this position, or being terminated after award, and may be punishable by fine or imprisonment.

NOTE REGARDING DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBERS

AND THE SYSTEM FOR AWARD MANAGEMENT: All USPSCs with a place of performance in the United States are required to have a Data Universal Numbering System (DUNS) number and be registered in the System for Award Management (SAM) database prior to receiving an award.

You will be disqualified if you either fail to comply with this requirement or if your name appears on the excluded parties list. Registration information is available at www.sam.gov and further http://www.usaid.gov/forms guidance will be provided to the selectee regarding DUNS and SAM registration.

NOTE: Registration for a DUNS number and registration in SAM is FREE.

Interested offerors are highly encouraged to initiate the registration process early to avoid any delays during contract award.

V. LIST OF REQUIRED FORMS PRIOR TO AWARD

The CO will provide instructions about how to complete and submit the following forms after an offeror is selected for the contract award:

1. Questionnaire for Sensitive Positions (for National Security) (SF-86), or Questionnaire for Non-

Sensitive Positions (SF-85)

2. Finger Print Card (FD-258)

3. Employment Eligibility Verification (I-9 Form)

VI. BENEFITS AND ALLOWANCES

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

1. BENEFITS:

(a) Employer's FICA Contribution

(b) Contribution toward Health & Life Insurance

(c) Pay Comparability Adjustment

(d) Annual Increase (pending a satisfactory performance evaluation)

(e) Eligibility for Worker's Compensation

(f) Annual and Sick Leave

2. ALLOWANCES:

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

(a) Temporary Quarter Subsistence Allowance (Section 120)

(b) Living Quarters Allowance (Section 130)

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

(d) Post Allowance (Section 220)

(e) Separate Maintenance Allowance (Section 260)

(f) Education Allowance (Section 270)

(g) Education Travel (Section 280)

(h) Post Differential (Chapter 500)

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

(j) Danger Pay Allowance (Section 650) http://aoprals.state.gov/content.asp?content_id=231&menu_id=92 http://aoprals.state.gov/content.asp?content_id=231&menu_id=92 https://aoprals.state.gov/content.asp?content_id=282&menu_id=101

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/sites/default/files/documents/1868/aidar_0.pdf.

2. Contract Cover Page form AID 309-1 available at https://www.usaid.gov/forms. Pricing by line item is to be determined upon contract award as described below:

https://www.usaid.gov/sites/default/files/documents/1868/aidar_0.pdf https://www.usaid.gov/forms

LINE ITEMS

ITEM

NO (A)

SUPPLIES/SERVICES

(DESCRIPTION) (B)

QUANTITY

(C)

UNIT

(D)

UNIT

PRICE

(E)

AMOUNT (F)

0001 Base Period - Compensation, Fringe Benefits and Other Direct Costs (ODCs)

- Award Type: Cost

- Product Service Code: [e.g.

R497]

- Accounting Info: [insert one or more citation(s) from Phoenix/GLAAS]

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

1001 Option Period 1 – Compensation, Fringe Benefits and Other Direct Costs (ODCs)

- Award Type: Cost

- Product Service Code: [e.g.

R497]

- Accounting Info: [insert from Phoenix/GLAAS]

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

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.

AAPD 15-02, REVISED – Continuation of Deviation from the ‘Leave and Holidays’ clause, including Family and Medical Leave, for U.S. Personal Services Contractors

GP 5. LEAVE AND HOLIDAYS (DEC 2017)

(Pursuant to class deviation #M/OAA-DEV-AIDAR-18-1c)

(a) Annual Leave

(1) The contractor is not entitled to annual leave if the period of performance of this contract is 90 days or less. If the contract period of performance is more than 90 days, the contractor shall earn annual leave as of the start date of the contract period of performance as specified in paragraph (a)(2) below.

(2) The contractor shall accrue annual leave based on the contractor’s time in service according to the following table:

Time in Service Annual Leave (AL) Accrual Calculation 0 to 3 years Four hours of leave for each two week period over 3, and up to 15 years

Six hours of AL for each two week period (including 10 hours AL for the final pay period of a calendar year) over 15 years Eight hours of AL for each two week period

USAID will calculate the contractor’s time in service based on all the previous service performed by the contractor as a: 1) USAID PSC (i.e., the contractor has served under any USAID personal services contracts of any duration covered by Sec. 636(a)(3) of the FAA or other statutory provision applicable to USAID); and/or 2) former U.S. Government (USG) direct-hire, under either civilian and/or military service.

(3)

(i) AL is provided under this contract for the purposes of affording necessary rest and recreation during the period of performance. The contractor, in consultation with the USAID Mission or USAID/Washington, as appropriate, shall develop an AL schedule early in the contractor's period of performance, taking into consideration project requirements, employee preference, and other factors.

All AL earned by the contractor must be used during the contractor’s period of performance. All AL earned by the contractor, but not taken by the end of the contract, will be forfeited. However, to prevent forfeiture of AL, the Contracting Officer may approve the contractor taking AL during the concluding weeks of the contractor's period of performance.

(ii) As an exception to 3(i) above, the contractor may receive a lump-sum payment for leave not taken. To approve this exception, the contractor's supervisor must provide the Contracting Officer with a signed, written Determination and Findings (D&F). The D&F must set out the facts and circumstances that prevented the contractor from taking AL, and the Contracting Officer must find that these facts and circumstances were not caused by, or were beyond the control of, the contractor.

This leave payment must not exceed the number of days which could be earned by the contractor during a twelve-month period.

(4) With the approval of the Mission Director or cognizant AA, as appropriate, and if the circumstances warrant, a Contracting Officer may grant the contractor advance AL in excess of the http://www.usaid.gov/work-usaid/aapds-cibs amount earned, but in no case may the Contracting Officer grant advance AL in excess of the amount earned in one year or over the life of the contract, whichever is less. The contractor agrees to reimburse USAID for any outstanding balance of advance AL provided during the contractor’s assignment under the contract.

(5) Applicants for PSC positions will provide evidence of their PSC and/or USG direct-hire service -civilian and/or military experience, as applicable, on their signed and dated application form required under USAID policy. By signing the appropriate form, the applicant attests to the accuracy of the information provided. Any applicant providing incorrect information is subject to the penalty provisions in the form. If required to satisfy due diligence requirements on behalf of the Contracting Officer, the contractor may be required to furnish evidence that verifies length of service, e.g., SF 50, DD Form 214, and/or signed contracts.

(b) Sick Leave. The contractor may use sick leave on the same basis and for the same purposes as USAID U.S. direct hire employees. Sick leave is earned at a rate not to exceed four (4) hours every two (2) weeks for a total of 13 work-days per year. Unused sick leave may be carried over under an extension or renewal of this contract with the same individual for the same work. Otherwise, sick leave will not be carried over from one post to another or from one contract to another. The contractor will not be compensated for unused sick leave upon completion of this contract.

(c) Home Leave.

(1) Home leave is leave earned for service abroad for use only in the U.S., its commonwealths, possessions and territories.

(2) A USPSC who has served at least two years overseas at the same USAID Mission, under the same contract, as defined in paragraph (c)(4) below, and has not taken more than 30 work days leave (annual, sick or LWOP) in the U.S. may be granted home leave in accordance with the following:

(i) if the USPSC returns to the same overseas post upon completion of home leave for an additional two (2) years under the same contract, the USPSC will receive home leave, to be taken at one time, for a period of 30 work days; or if the USPSC returns to the same overseas post upon completion of home leave for such shorter period of not less than one year, as approved in writing by the Mission Director prior to the USPSCs departure on home leave, the USPSC will receive home leave, to be taken at one time, for a period of 30 work days.

(ii) if the USPSC is returning to a different USAID Mission under a USAID personal services contract immediately following completion of the USPSC's home leave, for an additional two (2) years under contract, or for such shorter period of not less than one (1) year, as approved by the Mission Directors of the "losing" and "gaining" Missions, the contractor will receive home leave, to be taken at one time, for a period of not more than 20 work days. When the PSC is returning to a different USAID Mission, the former Mission will pay for the home leave regardless of what country the PSC will be working in following the home leave;

(iii) if home leave eligibility is based on (c)(2)(ii) above, the USPSC must submit written verification to the losing Mission at the time home leave is requested that the USPSC has accepted a USAID personal services contract at another USAID Mission following completion of the home leave;

(iv) travel time by the most direct route is authorized in addition to the number of work days authorized for home leave;

(v) home leave must be taken in the U.S., its commonwealths, possessions or territories, and any days spent elsewhere will be charged to annual leave (AL.) If the PSC does not have accrued AL, the PSC will be placed on LWOP.

(vi) if the PSC does not complete the additional service required under (c)(2)(i) or (ii) (that the Contracting Officer finds are other than for reasons beyond the PSC's control), the cost of home leave, travel and transportation and any other related costs must be repaid by the PSC to the Government.

(3) Notwithstanding the requirement in paragraph (c)(2) above, that the USPSC must have served two (2) years overseas under personal services contract with the same Mission to be eligible for home leave, the USPSC may be granted advance home leave subject to all of the following conditions:

(i) Granting of advanced home leave would in each case serve to advance the attainment of the objectives of this contract; and

(ii) The USPSC has served a minimum of 18 months in the Cooperating Country under this contract;

and

(iii) The USPSC agrees to return to the Cooperating Country to serve out the remaining time necessary to meet two (2) years of service overseas, plus an additional two (2) years under the current contract or under a new contract for the same or similar services at the same Mission. If approved in advance by the Mission Director, the USPSC may return to serve out any remainder of the two (2) year requirement for service overseas, plus an additional period of not less than one (1) year under the current contract or under a new contract for the same or similar services at the same Mission.

(4) The period of service overseas required under paragraph (c)(2), or paragraph (c)(3) above, will include the actual days in orientation in the U.S. (less language training). The actual days overseas begin on the date of arrival in the cooperating country inclusive of authorized delays enroute.

Allowable annual and sick leave taken while overseas, but not LWOP, shall be included in the required period of service overseas. An amount equal to the number of days of annual and sick leave taken in the U.S., its commonwealths, possessions or territories will be added to the required period of service overseas.

(5) Salary during the travel to and from the U.S., for home leave will be limited to the time required for travel by the most expeditious air route. Except for reasons beyond the USPSC's control as determined by the Contracting Officer, the USPSC must return to duty after home leave and complete the additional required service or be responsible for reimbursing USAID for payments made during home leave. Unused home leave is not reimbursable under this contract, nor can it be taken incrementally in separate time periods.

(6) Home leave must be taken at one time, and to the extent deemed necessary by the Contracting Officer, an USPSC in the U.S., on home leave may be authorized to spend not more than five (5) days in work status for consultation at USAID/Washington before returning to post. Consultation at locations other than USAID/Washington as well as any time in excess of five (5) days spent for consultation must be approved by the Mission Director or the Contracting Officer.

(d) Home Leave for Qualifying Posts (HLQP). USPSCs who ordinarily qualify for home leave and have completed a 12-month assignment at one of the USAID qualifying posts (currently Iraq, Afghanistan and Pakistan) are entitled to take ten (10) workdays of leave in addition to the home leave an USPSCs is normally entitled to under the contract in accordance with sub-paragraphs (c)(1)

- (6) above. This additional home leave is provided pursuant to an amendment to the Foreign Service

Act of 1980 signed by the President on June 15, 2006.

There is no requirement that an eligible USPSC take this additional leave; it is for optional use by the USPSC. If an eligible USPSC elects to take HLQP, the USPSC must take ten (10) workdays of home leave. If the USPSC is returning to the United States and not returning overseas to the same or different USAID Mission, HLQP will not apply.

This new home leave policy is also extended to qualifying Third-Country National PSCs (TCNPSCs) who have an approved exception under AIDAR Appendix J, sec. 4(c)(2)(ii)(B), to apply specific provisions from AIDAR Appendix D, and whose contract includes this General Provision.

However, TCNPSCs will be granted "country leave" vice home leave. The application, requirements, and restrictions will be the same as for USPSCs, but the time taken by a TCNPSC will be taken in the TCNPSC's home country or country of recruitment rather than in the United States, its commonwealths and territories.

(e) Holidays and Excused Absences. The contractor shall be entitled to all holidays and or excused absences granted by the USAID to U.S. direct-hire employees.

(f) Military Leave. Military leave of not more than 15 calendar days in any calendar year may be granted to a contractor who is a reservist of the U.S. Armed Forces. The contractor must provide advance notice of the pending military leave to the Contracting Officer or the Mission Director as soon as known. A copy of any such notice must be part of the contract file.

(g) Leave Without Pay (LWOP). LWOP may be granted only with the written approval of the Contracting Officer or Mission Director, unless a USPSC is requesting for such leave for family and leave purposes under paragraph (i) below.

(h) Compensatory Time. Compensatory time leave may be granted only with the written approval of the Contracting Officer or Mission Director in rare instances when it has been determined absolutely essential and used under those guidelines which apply to USAID U.S. direct-hire employees.

(i) Family and Medical Leave (FML)

(1) USAID provides family and medical leave (FML) for eligible USPSCs working within the U.S., or any Territories or possession of the United States, in accordance with Title I of the Family and Medical Leave Act of 1993, as amended, and as administered by the Department of Labor under 29 CFR 825. USAID is also extending FML to eligible USPSCs working outside the U.S., or any Territories or possession of the U.S., in accordance with this paragraph (i) as a matter of policy discretion.

(2) FML only applies to USPSCs, not any other type of PSC.

(3) To be eligible for FML, a USPSC must have been employed (i) for at least 12 months by USAID;

and (ii) for at least 1,250 hours of service with USAID during the previous 12-month period. The specific eligibility criteria and requirements are provided in USAID policy.

(4) In accordance with 29 CFR 825.200(a) and USAID policy, an eligible USPSC may take up to 12 workweeks of leave under FMLA, Title I, in any 12-month period for the following reasons:

(a) The care of the USPSC’s newborn child.

(b) The care of the USPSC’s newly placed adopted or foster care child.

(c) The care of the USPSC’s spouse, child or parent with a serious health condition.

(d) The USPSC’s own serious health condition.

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(e) A qualifying exigency arising from the USPSC’s spouse, child or parent in active duty military status.

(f) Other qualifying exigencies as determined by the Department of Labor.

(5) In accordance with 29 CFR Part 825.207, the USPSC may take LWOP for FML purposes. However, the USPSC may choose to substitute LWOP with accrued paid leave, including accrued annual or sick leave, or compensatory time earned under this contract. If the USPSC does not choose to substitute accrued paid leave, the CO, in consultation with the USPSC’s supervisor, may require the USPSC to substitute accrued paid leave for LWOP. The CO must verify the accuracy of the USPSC’s accrued paid leave request and obtain the required certifications for approval of FML in accordance with the stated USAID policy.

(6) FML is not authorized for any period beyond the completion date of this contract.

(7) When requesting FML, the USPSC must demonstrate…