IP Advisor_Solicitation_final.pdf

7200AA23R00066

USPSC –

IP Advisor for Indigenous Peoples Issues

SOLICITATION NUMBER:7200AA23R00066

ISSUANCE DATE: May 10, 2023

CLOSING DATE AND TIME: June 12, 2023, at 12:00PM

SUBJECT: Solicitation for U.S. Personal Service Contractor (USPSC), Advisor for Indigenous Peoples Issues

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 as an Advisor for Indigenous Peoples Issues under contract as described in this solicitation.

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

USAID will evaluate all offerors based on the stated evaluation criteria. USAID encourages all individuals, including those from disadvantaged and under-represented groups, to respond to the solicitation. This solicitation in no way obligates USAID to award a PSC contract, nor does it commit USAID to pay any cost incurred in the preparation and submission of the offer.

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

Sincerely, /s/ Nayo Tolbert Contracting Officer U.S. Agency for International Development 1300 Pennsylvania Avenue, NW Washington, DC 20523 www.usaid.gov

I. GENERAL INFORMATION

1. SOLICITATION NO.: 7200AA23R00066

2. ISSUANCE DATE: May 10, 2023

3. CLOSING DATE/TIME FOR RECEIPT OF OFFERS: June 12, 2023 at 12:00PM EST

4. POINT OF CONTACT: Aisha Staples, email at Ablakneystaples@usaid.gov.

5. POSITION TITLE: Advisor for Indigenous Peoples Issues

6. MARKET VALUE: $132,368 - $172,075 per year equivalent to GS-14

Final compensation will be negotiated within the listed market value and will include Locality Pay for domestic USPSCs based on the location of the Official USAID Worksite, or the approved alternative worksite if approved for remote work. USPSCs performing overseas are not entitled to Locality Pay.

7. PLACE OF PERFORMANCE: USAID/Washington with possible travel as stated in the Statement of Duties. Relocation expenses will not be reimbursed for U.S.-based positions. Telework may be authorized in certain situations in accordance with the terms and conditions of the contract.

This position has been designated as suitable for remote work. The contractor will be authorized to perform the services under this contract from an alternative worksite. For PSCs authorized to remote work, the alternative worksite determines the locality pay for compensation purposes. The alternative worksite is subject to approval. It should be based in the United States and allow the offeror to conform to the working hours of the local time zone of USAID/Washington.

8. PERIOD OF PERFORMANCE: This is a five-year contract which includes a two-year based period and three option years. The estimated start date is 08/01/23 (start date will be dependent on issuance of security clearance). Based on Agency need, the Contracting Officer (CO) may exercise (an) additional option period(s) for up to three additional years for the date(s) estimated as follows:

Base Period: 08/01/2023-07/31/2025

Option Period 1: 08/01/2025-07/31/2026

Option Period 2: 08/01/2026-07/31/2027

Option Period 3: 08/01/2027-07/31/2028

9. ELIGIBLE OFFERORS: U.S. citizens only

10. SECURITY LEVEL REQUIRED: Secret

11. STATEMENT OF DUTIES:

mailto:Ablakneystaples@usaid.gov

INTRODUCTION

The U.S. Agency for International Development (USAID) is the United States’ primary foreign assistance agency. Over its 60-year history the Agency has supported long-term and equitable economic growth, democracy, conflict prevention and humanitarian assistance throughout the developing world. USAID has a wide range of programs in the health, education, governance, economic growth, and environment sectors that support Indigenous Peoples in ways that are consistent with their cultures, values, and interests. Given the legislative mandate, USAID has decided to engage an expert to serve as an Advisor for Indigenous Peoples to assist in strengthening the United States’ current efforts on behalf of Indigenous Peoples. The Advisor for Indigenous Peoples Issues’ assignment is in the Inclusive Development (ID) Hub of the Development, Democracy, and Innovation (DDI) Bureau. The Advisor reports to the Senior Advisor for Indigenous Peoples.

BACKGROUND

Resources for USAID’s Indigenous Peoples programming have grown and upholding the rights of Indigenous Peoples globally has become a more visible priority for the U.S. Government and USAID. In recent years the requirements and overall workload placed on the small Indigenous Peoples team have increased, and a fully staffed team is required to responsibly and sustainably address the workload.

Backfilling the Indigenous Peoples Advisor position is a priority for DDI/ID as it will ensure continuity for a critical Agency function. The period of performance includes a two-year contract base with up to three one-year option periods. The supervisor/Contracting Officer representative (COR) for this position is the Indigenous Peoples Senior Advisor.

Statement of Duties:

The objective is to integrate solid research, utilize best practice, and build upon USAID’s existing strengths.

1. Advise on the allocation and coordination of USG resources, programs, projects, and activities to protect the rights and address the needs of Indigenous Peoples internationally.

1a. Manage USAID’s annual earmark for Indigenous Peoples programming to promote the implementation of the Pro-IP policy.

1b. Facilitate an interagency working group on Indigenous Peoples to meet quarterly to synergize, maximize, leverage, coordinate, and/or create opportunities between appropriate domestic and international involvement and efforts. Work with U.S.

domestic Indigenous Peoples where appropriate, i.e., tribal leaders, tribal colleges, non-governmental organizations.

2. Develop and help coordinate assistance strategies for Indigenous Peoples with specific goals, guidelines, benchmarks, and impact assessments (including support for local Indigenous Peoples’ organizations).

2a. Oversee implementation of the Pro-IP Policy, coordinate learning exchanges and develop effective tools for implementing the Policy. Assist field missions in implementing the Policy and tools.

2b. Assess and monitor USAID activities to ensure compatibility with tenets of the UN

Declaration on the Rights of Indigenous Peoples and other human rights instruments the USG is signatory to or has expressed formal support for.

2c. Identify issues, opportunities, and /or gaps in foreign assistance policies, programs, initiatives that impact Indigenous Peoples in the context of other marginalized, vulnerable, and/or underrepresented groups, such as - but not limited to - children in adversity; LGBTQI+ people; persons with disabilities; racial, ethnic, and religious.

2d. Participate as an expert in meetings with foreign governments, multilateral institutions, non-governmental organizations, and other stakeholders on issues relating to Indigenous Peoples.

2e. Develop recommendations regarding how USAID may ensure that its development programs do not have unintended negative human rights consequences generally and negative consequences on Indigenous Peoples in particular through the use of social safeguards or other means.

2f. Serve as Agreement and/or Contracting Officer’s Representative (AOR/COR), Alternate AOR/COR, and/or Activity Manager for programs and learning, evaluation, and research initiatives.

Degree of responsibility for decision-making assigned to the position:

This is a GS-14 Equivalent level position. At this GS-14 level, this PSC position will serve as USAID’s Advisor for Indigenous Peoples Issues. The Advisor will report to the Senior Advisor for Indigenous Peoples. The Advisor must be an experienced expert in the field of Indigenous Peoples’ rights and development and will assist USAID and DDI/ID in the programmatic, operational budget and management and monitoring and evaluation for Indigenous Peoples’ programs.

The Advisor will perform under general administrative discretion with wide latitude for the exercise of independent judgment, work of outstanding difficulty and responsibility, and has formal decision-making authority in a broad program area. The Advisor will advise the Senior Advisor and DDI leadership in the development of program and training tools designed to increase integration of Indigenous Peoples into Agency programming with regional and/or specialized teams, including but not limited to the Center for Economics and Market Development; the Center for Education; the Center for Environment, Energy, and Infrastructure; and the regional Bureaus for Latin America and the Caribbean, Africa, Asia, Europe and Eurasia, and the Middle East.

The Advisor will provide technical expertise, strategic and technical direction on social inclusion considerations for development assistance with the purpose of maximizing the impact of U.S.

government efforts to support development for indigenous peoples and minimizing unintended harm.

Knowledge level required:

Expertise must include civil and political rights, land rights, women’s rights, youth engagement, indigenous development, conservation and biodiversity, and climate change. Advisor will have demonstrated work experience in the following areas:

1. Demonstrated ability to provide high-level analysis and technically sound recommendations on international Indigenous Peoples’ human rights and development issues.

2. Demonstrated technical expertise in conceptualizing strategies and designing evidence-based programs to support international human rights development approaches in low-and middle-income countries.

3. Proven track record of quickly gathering, analyzing, and synthesizing information for use by principals.

a. Supervisory Controls: At the proposed grade level, the DDI/ID Advisor for Indigenous Peoples will not be a formal supervisor but will provide guidance and support to team members. Further, the Advisor will work closely with the Senior Advisor, Bureau Leadership, and USAID Mission officials (when on TDY). Working closely with the Senior Advisor, the Advisor will plan, design, and carry out projects, studies, and programs that are considered technically authoritative.

b. Performance Guidelines: At the proposed grade level, the Advisor will be recognized as an expert on Indigenous Peoples’ issues and in the development and interpretation of policy and guidance. The Advisor will demonstrate sound judgment, technical expertise, and ingenuity in interpreting guidance and developing applications and guidelines for the Agency.

c. Level of complexity for work assignments: At the GS-14 level, the Advisor’s duties will be significantly varied and require many different 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 Senior Advisor, 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 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 for indigenous peoples with specific goals, guidelines, benchmarks, and impact assessments (including support for local Indigenous Peoples’ organizations).

d. Travel Requirements: The position features foreign travel, at an estimated 15-25 percent of time.

e. Scope and effect of the work performed: At the GS-14 level, the Advisor will help coordinate

USG resources, programs, projects, and activities to protect the rights and address the needs of

Indigenous Peoples internationally. The work includes isolating and defining unknown conditions, resolving critical problems, and developing major aspects of programs. The Advisor will be a leader in implementing USAID’s projects to promote Indigenous Peoples issues and will provide direct guidance for Missions on the development of administrative or professional programs to advance the wellbeing of indigenous communities. The Advisor will also help lead interagency efforts to address Indigenous Peoples issues and maintain regular working relationships with counterparts in the Department of State, Department of Treasury, and the

Department of the Interior.

f. Personal Contacts: At the GS-14 level, the Advisor will work closely with the Senior Advisor to help lead efforts to implement the Pro-IP policy and guide Senior Leadership and equivalent interagency counterparts on matters relating to the rights and needs of Indigenous Peoples internationally and represent the United States Government on such matters in meetings with foreign governments and multilateral institutions. The purpose of these contacts is to help coordinate and support the vision for and programmatic direction of USAID. The PSC will have responsibilities to guide USAID technical experts and other professionals on issues related to Indigenous Peoples, including coordinating programs and drafting guidance.

g. Support Items: The Advisor will be provided with the support services, equipment, and supplies necessary to perform the work.

12. PHYSICAL DEMANDS:

The work is generally performed in an office environment, is sedentary, and does not pose undue physical demands.

II. MINIMUM QUALIFICATIONS REQUIRED FOR THIS POSITION:

The Advisor will be an expert in the area of global Indigenous Peoples rights and inclusion and understand principles, best practices, and key trends associated with this complex field.

EDUCATION/EXPERIENCE REQUIRED FOR THIS POSITION:

(Determines basic eligibility for the position. Offerors who do not meet all the education and experience factors are considered NOT qualified for the position.)

Bachelor’s degree with significant study in a pertinent field, including, but not limited to, Indigenous Peoples issues, human rights, or inclusive development, AND ten years of work experience related to global Indigenous Peoples issues.

OR

Master’s degree with significant study in a pertinent field, including, but not limited to, Indigenous Peoples issues, human rights, or inclusive development, AND six years of work experience related to global Indigenous Peoples issues;

OR

Doctorate degree with significant study in a pertinent field, including, but not limited to, Indigenous Peoples issues, human rights, or inclusive development, AND three years of work experience related to global Indigenous Peoples issues;

The PSC will also:

● Have expertise that includes areas such as civil and political rights, land rights, women’s rights, youth engagement, indigenous development, conservation and biodiversity, and climate change.

● Have U.S. Citizenship

● Have the ability to obtain a SECRET level security clearance as provided by USAID

● Provide verification of academic credentials

● Provide a 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.

The technical evaluation committee (TEC) may conduct reference checks, including references from individuals who have not been specifically identified by the offeror, and may do so before or after a candidate is interviewed.

The TEC will select candidates to interview based on a preliminary review of applications. References will be checked only for those candidates that will be interviewed. The TEC may conduct reference checks, including references from individuals who have not been specifically identified by the offeror, and may do so before or after a candidate is interviewed. 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. USAID will not pay for any expenses associated with the https://www.acquisition.gov/browse/index/far interviews. Interviews conducted in person will be held at USAID offices in the Washington, D.C. region.

Interviews may be conducted in person, by telephone, or by video.

SELECTION FACTORS:

(Determines basic eligibility for the position. Offerors who do not meet all the selection factors are considered NOT qualified for the position.)

a. Offeror is a U.S. Citizen.

b. Complete resume submitted. See section IV for resume requirements. Experience that cannot be quantified will not be counted towards meeting the solicitation requirements.

c. USPSC Offeror form AID 309-2. Offerors are required to complete sections A through I. This form must be physically signed. Electronic signatures may be accepted.

d. Ability to obtain and maintain a Secret clearance. If there is a change in circumstances requiring access to National Security information classified at the Top-Secret level, the offeror may be asked to obtain and maintain a Secret up to Top Secret/Sensitive Compartmented Information level clearance as provided by USAID.

e. Ability to obtain and maintain a Department of State medical clearance throughout the contract.

f. Must not appear as an excluded party in the System for Award Management (SAM.gov).

g. Satisfactory verification of academic credentials.

The offeror rating system factors are used to determine the competitive ranking of qualified offerors in comparison to other offerors. Offerors must demonstrate the rating factors outlined below within their resume, as they are evaluated strictly by the information provided.

Total rating system is as follows:

1. Technical Expertise: 60 points

2. Communication: 20 points

3. Teamwork and Professionalism: 20 points

Total Possible Pre-Interview Points: 100 points

The Quality Ranking Factors are used to determine the competitive ranking of qualified offerors in comparison to other offerors. The rating factors are as follows:

The Technical Review Panel will evaluate and select candidates for the Advisor for Indigenous Peoples Issues position utilizing the following factors.

1. Technical Expertise (60 points):

a. Demonstrated ability to contribute to analysis and provide recommendations on issues related to advancing the human rights of Indigenous Peoples and integrating Indigenous Peoples in broader development efforts.

b. Demonstrated technical expertise in conceptualizing strategies and designing evidence-based programs to promote and support human rights and development of Indigenous Peoples.

c. Demonstrated knowledge related to global Indigenous Peoples issues, specifically in research (i.e., performing quantitative and qualitative desk-based and in-person stakeholder-informed research); development programming (i.e., design, development, implementation, guidance/management, monitoring, and evaluation); awareness of best practices in country-level programming; and training development, facilitation, and refinement.

2. Communication (20 points)

a. Demonstrated ability to communicate cross-culturally effectively, both orally and verbally, with minimal editing or supervision.

b. Proven track record of quickly gathering, analyzing, and synthesizing information for use by principals.

c. Demonstrated productive and positive working relationships and communication with colleagues and peers.

3. Teamwork and Professionalism (20 points)

a. Proven track-record of working effectively and collaboratively on diverse teams, both as a team leader and as a team member.

b. Sound judgment and collegiality when working in environments with colleagues of diverse backgrounds and diverse opinions.

Total possible pre-interview points: 100

Interview (50 points) The most qualified Offeror(s) will be interviewed using a standardized approach and consistent set of questions. Interviews will be scored based on responses to the standard questions.

Total possible interview points: 50

Satisfactory Professional Reference Checks – Pass/Fail (no points assigned) Professional references for the Offeror(s) with the highest combined pre-interview and interview score will be checked. Reference checks are used to verify the Offeror’s relevant technical expertise, communications, and teamwork skills as outlined above. USAID can request references from others who know the candidate’s work in addition to the references provided by the candidate. Reference checks are judged as “Pass/Fail.” Any Offeror who fails the reference check will not be considered further.

BASIS OF RATING:

Eligible offerors who meet the Minimum Qualifications will be further evaluated based on scoring of the Quality Ranking Factors (QRFs). Offerors are required to address each of the QRFs 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 QRFs may result in not receiving credit for all 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.

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.

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 credibility of education as evaluated by a credentialing agency.

USAID will not pay for expenses related to obtaining transcripts or proof of credibility 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 UNIQUE ENTITY IDENTIFIER (UEI) AND THE SYSTEM FOR AWARD MANAGEMENT:

All USPSCs with a place of performance in the United States are required to be registered in the System for Award Management (SAM) database prior to receiving an award. This will assign you a Unique Entity Identifier (UEI). 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 in SAM and assignment of a Unique Entity Identifier (UEI) 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. Late offers will not be considered.

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. Offeror submissions must clearly reference the Solicitation number on all offeror submitted documents.

https://www.naces.org/members https://www2.ed.gov/about/offices/list/ous/international/usnei/us/edlite-visitus-forrecog.html http://www.sam.gov/ http://www.sam.gov/

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 if not full-time. 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:

. Name of reference;

. Offeror’s relationship to the reference;

. Title of reference at current job;

. Reference current telephone number; and . 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.

5. Submission of Materials: Submitted materials must be in English.

Additional documents submitted will not be accepted. Incomplete 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.

http://www.usaid.gov/forms

Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors – Please be advised that upon award, the contractor will be required to show proof that the contractor is fully vaccinated against COVID-19 on or before the first date of onboarding, or submit an approved reasonable accommodation to the CO. If the contractor does not meet this requirement the contract may be terminated. * USPSCs/TCNPSCs performing overseas must follow the Mission policies and/or directives from the U.S.

Department of State regarding COVID-19 requirements.

* See Notice Regarding Any Court Order Affecting the Implementation of E.O. 14042 in Section VIII below.

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. Fingerprint 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) Leave and Holidays

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

(b) 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:

https://aoprals.state.gov/content.asp?content_id=282&menu_id=101

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. PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES

- Subpart 52.2—Text of Provisions and Clauses

- 52.223-99 Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors, Alternate 70.

ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS (OCT 2021)-

Alternate 70 (OCT 2021) (M/OAA-DEV-FAR-22-01c)

(a) Definition. As used in this clause -

United States or its outlying areas means—

(1) The fifty States;

(2) The District of Columbia;

(3) The commonwealths of Puerto Rico and the Northern Mariana Islands;

(4) The territories of American Samoa, Guam, and the United States Virgin Islands; and

(5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll.

(b) Authority. This clause implements Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal Register on September 14, 2021, 86 FR 50985).

(c) Personal Services Contracts with individuals. As a matter of policy, the contractor must comply with the USAID’s guidance applicable to direct-hire federal employees.

(End of clause)

Notice Regarding Any Court Order Affecting the Implementation of E.O. 14042

USAID will take no action to enforce the clause (FAR 52.223-99) implementing the requirements of Executive Order 14042, absent further written notice from USAID, where the place of performance identified in the contract is in a U.S. state or outlying area subject to a court order prohibiting the application of requirements pursuant to the Executive Order (hereinafter, “Excluded State or Outlying Area”). In all other circumstances, USAID will enforce the clause, except for contractor employees who perform substantial work on or in connection with a covered contract in an Excluded State or Outlying Area, or in a covered contractor workplace located in an Excluded State or Outlying Area. A current list of such Excluded States and Outlying Areas is maintained at https://www.saferfederalworkforce.gov/contractors/.

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

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

4. 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 22-02 Telework and Remote Work Policy for U.S. Personal Services Contracts with Individuals Revised AIDAR Clause GP4 based on Class Deviation No. M-OAA-DEV-AIDAR-22-11c

Work Schedule and Compensation (Pay Comparability and Locality Pay Adjustments) (JUL 2007) [Deviation (JUL 2022)]

a) Work Schedule. The contractor's work schedule shall not be less than 80 hours per pay period, unless otherwise provided in the Contract Schedule, and shall coincide with the work schedule for those employees of the USAID Mission, Bureau, or Independent Office, or the Cooperating Country agency most closely associated with the work of this contract. If the contract is for less than full time (80 hours per pay period), the annual and sick leave earned shall be prorated (see the General Provision of this contract entitled Leave and Holidays).

b) USAID promotes telework and remote work as workplace flexibilities for contractors.

However, telework and remote work are arrangements to facilitate the accomplishment of work. The ability to telework or remote work is not a right or an entitlement and not all PSC positions will be conducive to telework or remote work. Telework and remote work are discretionary tools and may be terminated for business reasons, performance, operational needs, or a contractor’s failure to comply with policy directives and required procedures and protocols. For a position that is authorized for remote work, an approved alternative worksite for the contractor will be approved in the Schedule of the contract. For positions that are not authorized for remote work, the contractor may be authorized to telework at the Agency’s discretion based on Agency policy as from time to time amended. If the position is suitable for telework, as telework is not a right or entitlement and is discretionary, the contractor must receive approval from their supervisor by submitting a Telework Agreement in accordance with Agency policy.

c) Locality Pay. A contractor based in the United States who is not authorized to remote work will be entitled to locality pay based on the location of the Official USAID Worksite.

A contractor based in the United States who is authorized to remote work will be entitled to locality pay based on the rate for the approved alternative worksite as specified in the Schedule of the contract. Any change to the approved alternative worksite will require a contract modification and may result in a change to the compensation as the locality pay will be adjusted accordingly.

A contractor serving abroad is not authorized to receive locality pay.

d) Compensation (Pay Comparability) Adjustments. The contractor's compensation shall be adjusted to reflect the pay comparability adjustments, which are granted from time to time to U.S. direct-hire employees by Executive Order for the statutory pay systems (usually in January).

Any adjustments authorized are subject to the availability of funds and shall not exceed that percentage stated in the Executive Order granting the adjustment. Further, the adjusted compensation may not exceed the annual “USAID Contractor Salary Threshold (USAID CST)”, which is equivalent to the maximum rate for agencies without a certified SES performance appraisal system (or the equivalent hourly rate).

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

[END DEVIATED TEXT]

AAPD 21-05: Revised and Expanded Fringe Benefits for U.S. Personal Services Contractors

GP 5. LEAVE AND HOLIDAYS (NOV 2021)

(Pursuant to class deviation #M/OAA-DEV-AIDAR-22-1c)

(a) Annual Leave.

(1) The contractor may accrue annual leave at the rate specified in paragraph (a)(2) of this clause as follows:

(i) If the contract period of performance is ninety (90) calendar days or more, and the contractor’s performance is continuous for the contract period of performance, the contractor is entitled to accrue annual leave as of the start date of the contract.

(ii) If the contract period of performance is ninety (90) calendar days or more, and the contractor's performance is not continuous during the contract period of performance, the contractor is entitled to accrue annual leave only for each instance of continuous performance of ninety (90) calendar days or more.

(iii) If the contract period of performance is less than ninety (90) calendar days, the contractor is not entitled to accrue annual leave.

(2) The rate at which the contractor will accrue annual leave is based on the contractor’s time in service according to the table of this paragraph (a)(2). The accrual rates are based on a full-time, 40-hour workweek, which will be prorated if the contract provides for a shorter workweek:

Time in Service Annual Leave (AL) Accrual Rate

0 to 3 years 4 hours of leave for each 2-week period over 3, and up to 15 years

6 hours of AL for each 2-week period (including 10 hours AL for the final pay period of a calendar year) over 15 years 8 hours of AL for each 2-week period

(i) USAID will calculate the time in service based on all the previous service performed by the contractor as--:

(A) An individual personal services contractor with USAID for any duration covered by Sec. 636(a)(3) of the FAA or other statutory authority applicable to USAID; and/or

(B) A former U.S. Government (USG) direct-hire civilian employee; and/or

(C) An honorable active-duty member of the uniformed services based on the definition in 5 U.S.C. 2101(3).

(ii) In addition to the information certified by the contractor in their Offeror Information form, the contracting officer may require the contractor to furnish copies of previously executed contracts, and/or other evidence of previous service (e.g., SF 50, DD Form 214 or 215) to conduct the due diligence necessary to verify creditable previous service.

(3) Annual Leave is provided under this contract primarily for the purposes of providing the contractor necessary rest and recreation during the period of performance. The contractor, in consultation with the Supervisor, must develop an annual leave schedule early in the period of performance, taking into consideration the requirements of the position, the contractor’s preference, and other factors. The maximum amount of annual leave that the contractor can carry over from one leave year to the next is limited to 240 hours. The contractor’s unused annual leave balance in excess of the 240-hour maximum at the end of the last pay period of each leave year will be forfeited, unless the requirements of the position precluded the contractor from taking such leave. The contractor may be authorized to restore annual leave for exceptional circumstances beyond the control of the contractor. The restoration of annual leave may be approved only by the USAID Administrator, cognizant Assistant Administrator or Head of an Independent Office reporting directly to the USAID Administrator and cannot be delegated further. Annual leave restored must be scheduled and used no later than either the end of the leave year two years after either—

(i) The date fixed by the approving official as the termination date of the exigency of the public business or other reason beyond the contractor’s control, which resulted in the forfeiture; or

(ii) The end of the contract, whichever is earlier.

(4) The contractor must use all accrued annual leave during the period of performance. At the end of the contract, the contractor will forfeit any unused annual leave except where the requirements of the position precluded the contractor from taking annual leave. In this case, the contracting officer may authorize the following:

(i) The contractor to take annual leave during the concluding weeks of the contract, not to exceed the period of performance; or

(ii) Payment of a lump-sum for annual leave not taken based on a signed, written determination and findings (D&F) from the contractor’s supervisor. The D&F must set out the facts and circumstances that prevented the contractor from taking annual leave, and the contracting officer must find that the contractor did not cause, or have the ability to control, such facts and circumstances. This lump-sum payment must not exceed the number of days the contractor could have accrued during a twelve (12)-month period based on the contractor’s accrual rate.

(5) The contractor may be granted advanced annual leave by the contracting officer when circumstances warrant. Advanced leave must be approved by the Mission Director, cognizant Assistant Administrator, or Head of an Independent Office reporting directly to the Administrator, as appropriate. In no case may the contracting officer grant advanced annual leave in excess of the amount the contractor can accrue in a twelve (12)-month period or over the life of the contract, whichever is less. At the end of the period of performance or at termination, the contractor must reimburse USAID for any outstanding balance of advanced annual leave provided to the contractor under the contract.

(b) Sick Leave. The contractor may use sick leave on the same basis and for the same purposes as USAID direct-hire employees. The contractor will accrue sick leave at a rate not to exceed four (4) hours every two (2) weeks for a maximum of thirteen (13) workdays per year based on a full-time, 40-hour workweek, and the rate of accrual will be prorated if the contract provides for a shorter workweek. The contractor may carry over unused sick leave from year to year under the same contract, and to a new follow-on contract for the same work at the same place of performance. The contractor is not authorized to carry over sick leave to a new contract for a different position or at a different location. The contractor will not be compensated for unused sick leave at the completion of this contract.

(c) Home Leave. (1) The contractor may be granted home leave to be taken only in the U.S., its commonwealth, possessions, or territories, in one continuous period, under the following conditions:

(i) The contractor must complete twenty-four (24) continuous months of service abroad under this contract and must not have taken more than thirty (30) workdays leave (annual, sick, or LWOP) in the U.S., its commonwealths, possessions, or territories. The required service abroad will include the actual days in orientation in the U.S. (excluding any language training), travel time by the most direct route, and actual days abroad beginning on the date of arrival in the cooperating country. Any annual and sick leave taken abroad, excluding leave without pay (LWOP), will count toward the period of service abroad. Any days of annual and sick leave taken in the U.S., its commonwealths, possessions, or territories will not be counted toward the required twenty-four (24) months of service abroad.

(ii) The contractor must agree to return immediately after completing home leave to continue performance for an additional—

(A) Two (2) years, or

(B) Not less than one (1) year, if approved in writing by the Mission Director before the contractor departs on home leave.

(iii) If the contractor agrees to meet the conditions in paragraph (c)(1)(ii) of this clause above by returning to the same USAID Mission under this contract or a new contract, the contractor may be granted thirty (30) workdays of home leave.

(iv) If the contractor agrees to meet the continued performance conditions of paragraph (c)(1)(ii) of this clause and will be relocating to a different USAID Mission under a new USAID personal services contract immediately following the completion of home leave, the contractor may be granted twenty (20) workdays of home leave. USAID will provide the contractor these twenty days of home leave under this contract, not under the new contract.

(v) If home leave eligibility is based on paragraph (c)(1)(iv) of this clause, prior to departure on home leave, the contractor must submit to the contracting officer at the current Mission, a copy of the new contract with a special award condition in the contract Schedule indicating the contractor’s obligation to fulfill the commitment for continued performance in accordance with paragraph (c)(1)(ii) of this clause.

(2) Notwithstanding the requirements in paragraph (c)(1) of this clause, the contractor may be granted advanced home leave subject to all of the following conditions:

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

(ii) The contractor has served at least eighteen (18) months abroad, as defined in paragraph

(c)(4) of this clause, at the same USAID Mission under this contract, and has not taken more than 30 workdays leave (annual, sick or LWOP) in the U.S.; and

(iii) The contractor agrees to return immediately to the same Mission to complete the time remaining to meet the twenty-four (24) month period of service required for home leave, which begins after the contractor returns from home leave, plus an additional—

(A) Two (2) years, or

(B) Not less than one (1) year, if approved by the Mission Director, under the current contract, or under a new contract for the same or similar services at the same Mission, before the contractor departs on home leave.

(3)(i) Home leave must be taken only in the U.S., its commonwealths, possessions, or territories. Any days spent in any other location will be charged to annual leave, or if the contractor does not have accrued annual leave to cover these days, the contractor will be placed on LWOP.

(ii) Travel time by the most direct route is authorized in addition to the home leave authorized under this “Leave and Holidays” clause. Salary during travel to and from the U.S. for home leave will be limited to the time required for travel by the most direct and expeditious route. Additional home leave travel requirements are included in the “Travel and Transportation Expenses” clause of this contract.

(iii) Except for reasons beyond the contractor's control as determined by the contracting officer, the contractor must return abroad immediately after home leave to fulfill the additional required continued performance of services for any home leave provided under this contract, or else the contractor must reimburse USAID for the salary and benefits costs of home leave, travel and transportation, and any other payments related to home leave.

(iv) Unused home leave is not reimbursable under this contract.

(4) The contracting officer may authorize the contractor to spend no more than five (5) days in work status for consultation at USAID/Washington while on home leave in the U.S., before returning abroad.

Consultation in excess of five (5) days or at locations other than USAID/Washington must be approved in advance by the Mission Director or the contracting officer.

(d) Home Leave for Qualifying Posts. (1) If the contractor ordinarily qualifies for home leave and has completed a 12-month period at one of the USAID qualifying Missions, as announced by the Department of State or USAID, the contractor is entitled to ten (10) workdays of home leave in addition to the home leave the contractor is normally entitled to in accordance with paragraph (c) of this “Leave and Holidays” clause.

(2) There is no requirement that an eligible contractor take this additional home leave for qualifying Missions; it is for use at the contractor’s option. If the contractor is eligible and elects to take such home leave, the contractor must take all ten (10) workdays at one time in the U.S.