DRG USPSC SOL7200AA21R00064 Human Rights Advisor.pdf

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

SOLICITATION NUMBER: 7200AA21R00064

ISSUANCE DATE: 06/04/2021

CLOSING DATE AND TIME: 06/28/2021

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

7200AA21R00064

USPSC-

Human Rights Advisor

ATTACHMENT 1

I. GENERAL INFORMATION

1. SOLICITATION NO.: 7200AA21R00064

2. ISSUANCE DATE: 06/04/2021

3. CLOSING DATE AND TIME FOR RECEIPT OF OFFERS: 06/28/2021 at 2 PM EDT

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

5. POSITION TITLE: Human Rights Advisor

6. MARKET VALUE: $103,690 - $134,798 per annum equivalent to GS-13 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: 1 year, with up to four one-year option periods. Based on the Agency need, the Contracting Officer may exercise (an) additional option period(s) for one year for the date(s) estimated to as follows:

Base Period: 10/01/2021-9/30/2022 Option Period 1: 10/01/2022-9/30/2023 Option Period 2: 10/01/2023-9/30/2024 Option Period 3: 10/01/2024-9/30/2025 Option Period 4: 10/01/2025-9/30/2026

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

9. ELIGIBLE OFFERORS U.S. citizen or a non-U.S. citizen lawfully admitted for permanent residence in the United States

10. SECURITY LEVEL REQUIRED: Secret

11. STATEMENT OF DUTIES

Background

The Justice, Rights and Security (JRS) team within USAID’s Center of Excellence on Democracy, Human Rights and Governance (DRG Center) provides technical leadership and support on human rights to USAID field Missions and Washington Operating Units, other USG entities, and the broader DRG community. The JRS team bolsters the evidence base for successful human rights and development activities, facilitates training to build the capacity of Agency staff, and provides technical support to USAID Missions globally for designing and implementing programs and activities.

A central role of the JRS team is to help USAID Missions, in particular DRG technical offices and field officers, to identify rights-related challenges that impact the development trajectory in the country where they serve, specific entry points for assistance programs in those contexts, and evidence-based technical approaches for effectively addressing priority issues. These typically include the restriction of core civil and political rights that accompany increasing authoritarianism such as wholesale or partial curtailments on the freedoms of assembly and association, freedom from arbitrary arrest and detention, freedom of expression, or freedom of religion, among others.

Additionally, barriers that restrict access to justice and threats to citizen security broadly or human rights defenders and justice advocates specifically are also overarching needs. Further, Missions are also increasingly interested in how USAID programming in other technical areas such as health, education, or economic growth can be delivered using “rights-based approaches” to help empower citizens and advance cultures of democracy and respect for the rule of law in countries where we serve.

The primary focus of the Human Rights Advisor will be to provide technical support to USAID Missions on the above-mentioned areas (countering restrictions to civil and political rights, expanding access to justice, addressing threats to physical security, advancing legal empowerment, and applying rights-based approaches). This technical assistance to Missions will be provided remotely from Washington or via short-term temporary duty (TDY) travel. The Advisor will provide that support directly via consultation (e.g. responding to Mission requests for assistance with assessments, designs, identification of best practices, training, etc.) or indirectly through the development and maintenance of field support resources such as the supplemental funds that Missions can access or pre-competed program mechanisms that help Missions establish respond to urgent needs. Under the direction of the JRS team lead, and in partnership with other JRS team members, the Advisor will work closely with a broad range of internal and external stakeholders, including other DRG colleagues and divisions, USAID staff in other bureaus and operating units, interagency colleagues, and implementing partners.

Duties and responsibilities of the position:

● Respond to USAID Missions’ requests for rights-related technical assistance in all phases of the USAID Program Cycle. This will include assisting Missions with human rights assessments during various planning phases to determine needs, opportunities and entry points for assistance efforts. It will also entail providing technical input and guidance to Missions on the design of rights-related programs and activities, helping Missions identify and apply state-of-the-art and evidence-based approaches. Technical assistance may also involve helping Missions with the monitoring and evaluation of field programs, for various purposes, but primarily to help Missions adapt their programs and activities to changing circumstances and to further expand our sector’s evidence base and learning. Technical requests from Missions may be simple or complex, but responding quickly, clearly, and thoroughly is a core “field support” aim of the Center and JRS team, and is the top priority for the HR Advisor.

● Expand, maintain and reflect technical expertise on the effective use of assistance programs to protect human rights and expand access to justice. In particular, the Human Rights Advisor will increase the Center’s institutional capacity related to applying state of the art approaches for countering restrictions to civil and political rights, expanding access to justice, addressing threats to physical security, advancing legal empowerment, and applying rights-based approaches). This will involve engagement and convening of the broader DRG community of practice (including implementing partners and other practitioners), working with DRG’s Evidence and Learning Team to expand USAID’s evidence base through original research and literature reviews, and efforts to capture and document USAID Mission and individual DRG officers’ experiences.

● Translate state-of-the-art technical expertise into tools and guidance that can be easily shared and absorbed by USAID field officers. JRS is interested in developing or improving resources that help field officers diagnose human rights challenges, identify entry points for programming, examine circumstances under which various approaches are appropriate or not, assess levels of risk, or apply key evidence that DRG’s Learning Agenda has identified, among other purposes. While there are several ways in which DRG currently shares information with the field, we are looking to expand those modalities moving forward. Those 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.

● Provide technical input on the use of flagship JRS team field support resources, such as global programming mechanisms and JRS-managed incentive and contingency funds. The Human Rights Advisor will be asked to contribute to frequent technical discussions related to determining both the priorities and approaches for where and how these resources are applied.

This will include discussions on the deployment of rapid response funds that are managed by the JRS team to assist Missions in need, the use of Human Rights Grants Program funding, among others. The Human Rights Advisor will also help the JRS team assess the effectiveness of these tools and identify ways in which they might be improved or modified to better support the field.

● Provide specific technical input into various policy, planning and reporting processes on rights or justice-related issues for both internal and external audiences, when directed by the JRS team lead, and as appropriate.

Supervisory Controls: The Human Rights Advisor will report to the DDI/DRG, JRS team lead or his/her designee. He or she will regularly work with other members of the JRS team, coordinate with other teams 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.

Responsibility for Decision Making: At the GS-13 equivalent level, this PSC position will serve as a Human Rights Advisor, reporting to the DDI/DRG, JRS Team Lead or his/her designee. The Human Rights Advisor will provide in-house technical expertise and experience in the field of human rights protection and will assist USAID Missions identify and address the unique human rights and justice challenges facing their country contexts and assistance portfolios. The PSC will provide technical input and recommendations in response to USAID Missions’ requests for rights-related technical assistance in all phases of the USAID Program Cycle.

The PSC will expand, maintain and reflect technical expertise on the effective use of assistance programs to protect human rights and expand access to justice. This will include translating state-of-the-art technical expertise into tools and guidance that can be easily shared and absorbed by USAID field officers. It will also entail providing technical input on the use of flagship JRS field support resources, such as global programming mechanisms and JRS-managed incentive and contingency funds.

The PSC will provide specific technical input into various policy, planning and reporting processes on rights or justice-related issues for both internal and external audiences, when directed by the JRS team lead, and as appropriate.

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 human rights-related policy and guidance. Judgment and ingenuity is required to interpret the intent of guides and to develop applications/guidelines.

Complexity: Duties vary that require different processes, methods and substantial depth of analysis.

The successful candidate will be required to support DRG leadership and Mission stakeholders 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 successful candidate will support continuing efforts to establish concepts, theories or programs to resolve unyielding problems.

The PSC will require an ability to express and integrate human rights perspectives and expectations in relevant programs. The successful candidates’ responsibilities are complex in their need for technical expertise in conceptualizing strategies and designing evidence-based programs to support human rights protection in low and middle income countries. When requested, the PSC will represent DDI/DRG except for communications that reflect a final policy, planning or budget decision.

Scope and Effect: The work typically includes isolating and defining unknown conditions, resolving critical problems, and developing major aspects of programs. The PSC will be responsible for assisting in the overall coordination of DRG’s human rights portfolio and contributing to the design, implementation, and evaluation of rights-related assistance programs worldwide.

Personal Contacts: Contacts are with working level officials outside of USAID. Contacts may include people from operations, technical, field staff, other bureaus within USAID and inter-agency such as the Department of State, as well as with other donors who work on human rights.

Travel requirements, if any, including an estimate of the number or frequency of trips and locations: The PSC should expect to spend up to 30% 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:

• Master’s or law degree with significant study in a pertinent field, including but not limited to human rights, security studies, development, or related, and at least 7 years of progressively responsible experience in international development related to human rights; OR a Bachelor’s degree in a pertinent field plus at least 10 years of experience working on human rights-related issues worldwide.

• Expertise must include the use of development assistance to advance civil and political rights, expand access to justice, address threats to physical security, advancing legal empowerment, and applying rights-based approaches.

And

• U.S. Citizenship

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

• Verification of academic credentials;

• Experience working or living overseas is preferred;

• 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 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.

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 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 Experience (40 points):

Demonstrated experience designing and implementing assistance programs related to protecting human rights (including on the specific areas of countering restrictions to civil and political rights, expanding access to justice, addressing threats to physical security, advancing legal empowerment, and applying rights-based approaches). Demonstrated experience designing and implementing country-specific assistance efforts, often in complex and challenging environments, and with substantial involvement of local actors.

2. Technical Expertise (40 points):

Demonstrated technical knowledge and familiarity with a broad range of topics related to the scope of DRG programming broadly, and justice, rights and security issues specifically. Ability to demonstrate technical specialization or expertise on one or more issue areas that overlaps with the scope of this position.

3. Communication (10 points):

Demonstrated ability to orally communicate, present, and use public speaking skills effectively.

Demonstrated ability writing clearly and concisely with minimal editing or supervision. Proven track record of quickly gathering, analyzing and synthesizing information for use by principals.

4. Teamwork (10 points):

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

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 Experience: 40 points 2.Technical Expertise: 40 points 3.Communication: 10 points 4.Teamwork: 10 points Total Possible Points: 100 points

Eligible offerors who meet the Minimum Qualifications will be further evaluated based on scoring of the Quality Ranking Factors (QRFs). The evaluation of the QRFs based on the offeror’s responses to the QRFs as well as information provided in other written offer materials (e.g., form AID 309-2, resume) will be used to determine the competitive ranking of qualified offerors. The most qualified offeror(s) will be interviewed. Professional reference checks will be conducted only for offeror(s) who are interviewed. The interview and professional reference checks will be considered in the final scoring of the QRFs. 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. 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 lack of reference information will not be evaluated favorably or unfavorably in the scoring of the QRFs.

Satisfactory verification of academic credentials is required prior to award. The selected offeror will be required to submit unofficial transcripts for the academic degree for which the offeror qualified for the position. If the selected offeror fails to submit the required academic credential documentation within the time period specified by the Contracting Officer, the offeror may be disqualified from further consideration for award. Education completed in foreign colleges or universities may be used to meet the education requirements. Transcripts from foreign educational institutions must be accompanied by an official Evaluation of Educational Credentials. It is the offeror’s responsibility to provide evidence that the foreign education is comparable to that received in an accredited educational institution in the United States. If you are qualifying based on foreign education, you must submit proof of creditability of education as evaluated by a credentialing agency. USAID will not pay for expenses related to obtaining transcripts or proof of creditability of foreign education. Click on the following link for a list of accredited organizations (https://www.naces.org/members) recognized as specializing in interpretation of foreign education credentials. More information may be found at https://www2.ed.gov/about/offices/list/ous/international/usnei/us/edlite-visitus-forrecog.html.

The selected offeror will be required to obtain a Secret Level Security Clearance provided by USAID prior to contract award. Dual citizens may be asked to renounce second-country citizenship. If a full security investigation package is not submitted by the selected offeror within 30 days after it is requested, the offer may be rescinded. If a Secret level security clearance is not obtained within nine months after offeror acceptance, the offer may be rescinded.

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 in www.sam.gov or on the Office of Foreign Assets Control (OFAC) list of Specially Designated Nationals and Blocked Persons. Registration information is available at www.sam.gov.

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.

USAID reserves the right to select additional offerors 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 http://www.sam.gov/ http://www.usaid.gov/forms 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 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)

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:

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 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

4001 Option Period 4 – 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 http://www.usaid.gov/work-usaid/aapds-cibs 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 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 http://www.ecfr.gov/cgi-bin/text-idx?SID=db0243f608afdb03943b0635a819c860&mc=true&tpl=/ecfrbrowse/Title29/29cfr825_main_02.tpl http://www.ecfr.gov/cgi-bin/text-idx?SID=db0243f608afdb03943b0635a819c860&mc=true&tpl=/ecfrbrowse/Title29/29cfr825_main_02.tpl

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.

(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 eligibility to the USPSC’s supervisor by completing USAID’s FML request forms, including certifications and other supporting documents required by USAID policy.

(8) The U.S. Department of Labor’s (DOL’s) Wage and Hour Division (WHD) Publication 1420 explains the FMLA’s provisions and provides information concerning procedures for filing complaints for violations of the Act.

(j) Leave Records. The contractor shall maintain current leave records for himself/herself and make them available, as requested by the Mission Director or the Contracting Officer.

[END PROVISION]

AAPD 18-02 – Changes to the Medevac Policy for USPSCs and TCNPSCs Class Deviation to AIDAR – no. M-OAA-DEV-AIDAR-18-3c

25. MEDICAL EVACUATION (MEDEVAC) SERVICES (MAY 2018)

USAID will provide Medevac services to the contractor and authorized dependents, through the Department of State’s Bureau for Medical Services (MED), similar to those provided to U.S.

Government employees in accordance with 16 FAM 300 Medical Travel. Medevac costs include travel and per diem, but do not include medical care costs. To be covered by the Medevac program, the contractor and authorized dependents must obtain and maintain international health insurance coverage that includes overseas hospitalization, and must provide proof of such insurance to the contracting officer prior to relocation abroad.

(End Provision) http://www.ecfr.gov/cgi-bin/text-idx?SID=917cbad6bea5f97d6b70c0c152bf711d&mc=true&tpl=/ecfrbrowse/Title29/29cfr825_main_02.tpl http://www.dol.gov/whd/regs/compliance/posters/fmlaen.pdf

AAPD 06-10 – PSC Medical Expense Payment Responsibility

MEDICAL EXPENSE PAYMENT RESPONSIBILITY (OCTOBER 2006)

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

(b) The regulations in the Foreign Affairs Manual, Volume 16, Chapter 520 (16 FAM 520), Responsibility for Payment of Medical Expenses, apply to this contract, except as stated below. The contractor and each eligible family member are strongly encouraged to obtain health insurance that covers this assignment. Nothing in this provision supersedes or contradicts any other term or provision in this contract that pertains to insurance or medical costs, except that section (e) supplements General Provision 25. “MEDICAL EVACUATION (MEDEVAC) SERVICES.”

(c) When the contractor or eligible family member is covered by health insurance, that insurance is the primary payer for medical services provided to that contractor or eligible family member(s) both in the United States and abroad. The primary insurer’s liability is determined by the terms, conditions, limitations, and exclusions of the insurance policy.

When the contractor or eligible family member is not covered by health insurance, the contractor is the primary payer for the total amount of medical costs incurred and the U.S. Government has no payment obligation (see paragraph (f) of this provision).

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

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

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

(3) The Office of Medical Services (M/MED) or a Foreign Service medical provider (FSMP) determines that the treatment is appropriate for, and directly related to, the illness, injury, or medical condition.

(e) The Mission Director may, on the advice of M/MED or an FSMP at post, authorize medical travel for the contractor or an eligible family member in accordance with the General Provision 10, Travel and Transportation Expenses (July 1993), section (i) entitled “Emergency and Irregular Travel and Transportation.” In the event of a medical emergency, when time does not permit consultation, the Mission Director may issue a Travel Authorization Form or Medical Services Authorization Form DS-3067, provided that the FSMP or Post Medical Advisor (PMA) is notified as soon as possible following such an issuance.