PSC_SOL 22-140 for Local Hire U.S.PSC Executive HR Advisor - Amendment 01.pdf

Postal Address:

U.S. Agency for International Development (USAID) P.O. Box 629 Village Market 00621 Nairobi, Kenya Tel:+ 254-20-363-2000

Courier Address:

USAID/Kenya and East Africa c/o American Embassy United Nations Avenue, Gigiri, Nairobi, Kenya

Pouch Address:

American Embassy 8900 Nairobi Place Department of State Washington D.C.

20521-8900

Electronic:

Website:

Email:

Facebook:

Twitter:

usaid.gov/kenya usaid.gov/east-africa-regional usaidkea@usaid.gov USAIDKenya @USAIDKenya and @USAIDEastAfrica

Solicitation No.: MN 22-140 – Amendment 01 Issuance Date: September 28, 2022 Closing Date/Time: October 12, 2022 (1630 hours Nairobi time)

SUBJECT: Solicitation for Resident Hire U.S. Personal Services Contractor (U.S. PSC)

Executive Human Resources Advisor, GS-15

Dear Prospective Offerors:

This solicitation has been amended. In section I, General Information; 2. CLOSING DATE/TIME,

7. PERIOD OF PERFORMANCE and 11. STATEMENT OF DUTIES/POSITION DESCRIPTION are revised as indicated in those sections.

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

Submissions must be in accordance with Attachment 1 of this solicitation. Applicants should retain copies of all offer materials, for their records.

Applications must be submitted electronically via email to A&A Specialist, Elizabeth Mailu, email at emailu@usaid.gov with a copy to Supervisory Contracting Officer, Jonathan Chappell, email at jchappell@usaid.gov by the closing date and time indicated below. Late, incomplete, or unsigned applications will not be considered. Scanned copies are accepted by email. Applicants must prominently reference the solicitation number in the application submission.

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

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

Applications already received remain on file and as such previous applicants need not reapply.

Sincerely, Jonathan Chappell Supervisory Contracting Officer http://kenya.usaid.gov/ http://kenya.usaid.gov/ mailto:usaidke@usaid.gov mailto:emailu@usaid.gov mailto:jchappell@usaid.gov

Mission Notice 22-140 - Amendment 01

Attachment 1:

I. GENERAL INFORMATION

1. SOLICITATION NO.: Mission Notice 22-140

2. ISSUANCE DATE: September 28, 2022

3. CLOSING DATE AND TIME FOR RECEIPT OF OFFERS: October 12, 2022 1630 hours Nairobi time)

4. POINT OF CONTACT: Elizabeth Mailu, email at emailu@usaid.gov with a copy to Jonathan Chappell, email at jchappell@usaid.gov

5. POSITION TITLE: Resident Hire U.S PSC Executive HR Advisor

6. MARKET VALUE: $112,890 to $146,757 annually equivalent to GS-15. Final compensation will be negotiated within the listed market value. As a resident hire position, it does not include offshore benefits such as housing, post differential, relocation benefit and post allowance.

7. PERIOD OF PERFORMANCE: Two (2) year base period, with three one-year options subject to funding availability and satisfactory performance or better.

Base Period o/a Nov 2022 to Nov 2023 Option Period 1 o/a Nov 2023 to Nov 2024 Option Period 2 o/a Nov 2024 to Nov 2025

8. PLACE OF PERFORMANCE: Nairobi, Kenya. Overseas U.S PSCs may be authorized to telework or remote work only from a location within Kenya, in accordance with the Mission policy. Telework or remote work from outside Kenya may only be authorized in certain situations in accordance with the terms and conditions of the contract.

9. ELIGIBLE OFFERORS: Open to U.S. Nationals (U.S Citizens and/or U.S Resident Aliens1) residing in Kenya. Citizenship, if dual, must be clearly stated. This is a resident-hire position and therefore all offerors must be residing in Kenya.

10. SECURITY LEVEL REQUIRED: Secret

11. STATEMENT OF DUTIES/POSITION DESCRIPTION

BACKGROUND

The Executive Human Resources Advisor to the Executive Office Position is located in a consolidated Executive Office (EXO) that provides administrative support services to KEA's two operating units, Kenya-Bilateral and East Africa Regional, and provides support to USAID/Somalia.

KEA is currently comprised of 13 separate offices, including the Bureau for Humanitarian Assistance/Sudan’s, East and Central Africa (SECARO). EXO is normally comprised of three USDHs (one Supervisory Executive Officer and two Executive Officers), one USPSC, and 35 CCNs to oversee Human Resources (HR), 1 U.S. resident alien means a non-U.S. citizen lawfully admitted for permanent residence in the United States.

Administrative Procurement, Travel, Information Technology, and Communications and Records teams. EXO also manages the Partner Liaison Security Operation (PLSO) contract, that provides security support to KEA and its implementing partners (IPs). EXO engages the U.S. Embassy International Cooperative Administrative Support Services (ICASS) system for general support operations and oversees the operation of the USAID-owned Annex building. On the interagency management team, this position is responsible to represent USAID in a series of senior roles, including the Emergency Action Committee, Housing and Awards Committees. As a member of the senior management team, this position provides management advice and support to the interagency and to a USAID/KEA Front Office consisting of a Mission Director and three Deputy Mission Directors (DMDs).

USAID/KEA seeks to strengthen Mission adherence to USAID policy and regulations, maintain momentum with procurement actions, mission self-care initiatives, provide continued improvement to administrative management systems and provide mentoring and training to Mission and EXO staff. USAID/KEA seeks an Executive Human Resources Advisor to handle this broad range of Executive Office functions. The USPSC Executive Human Resources Advisor promotes customer service outreach, assessment and improvements of work processes, interface with the Department of State regarding shipping and customs, housing, facilities, and personnel related issues, management of sensitive personnel issues, local solutions and security, and other related actions. Prior knowledge of U.S. Government (USG) procedures and systems knowledge to facilitate continuity of operations is a requirement for selection.

BASIC FUNCTION OF THE POSITION

The USPSC Executive Human Resources Advisor will manage aspects of the procurement actions of the office but will not be required to perform contracting officer functions if not warranted. In accordance with AID policy (Automated Directives System 527) the EXO serves as an advisor to the Mission Directors and Mission staff with responsibility for providing leadership, advice and staff support in the administrative management functional areas. In this capacity s/he is tasked with developing innovative methods for providing improved administrative and logistical support services. The EXO is the focal point and is responsible for ensuring that adequate management and logistical support is provided for all mission administrative services.

The USPSC Executive Human Resources Advisor serves/is responsible for coordinating the delivery of effective and efficient administrative and logistic support to the Mission. Duties involve intensive professional/ administrative functions of concurrent phases requiring ongoing development and problem resolution. Under the direction of the Supervisory Executive Officer, the Executive Human Resources Advisor:

• Plans, directs, and administers the management functions of the Mission including supervising Executive Office non-USDH staff; develops, interprets, and ensures implementation of administrative management policies, regulations, and procedures; formulates, interprets, and communicates long-range principles, policies, and objectives for administrative services programs. Serves as the key communicator of new administrative policies and procedures.

Ensures successful implementation of large-scale administrative, Human Resources, and organizational changes as required.

• Prepares workforce planning scenarios based on various budget scenarios; provides policy advice and guidance on the management and support functions and services required for effective program implementation.

• Participates in project planning and review to evaluate administrative support implications, feasibility, projected costs, and drafting or advising on appropriate administrative support budgets; advises and supports the Mission Director and Deputy Mission Director (RISS) on the full range of personnel matters, including development and implementation of appropriate personnel procedures and workforce planning.

• Analyzes Mission management requirements and develops the operating expense and administrative program support budgets for the mission with the Controller. Directs the administration of the operating expense budget and administrative portion of the program support budget to ensure prompt and legal obligation of funds.

• Serves on Post Boards and Committees as required including the Joint Awards Program, ICASS Budget Committee, Housing Board, etc.; serves as the USAID Unit Security Officer (USO) and administers the extensive mission security program under the guidance of the RSO and M/SEC.

• Provides advice and manages functions associated with the organizational changes and the resulting impact on support operations for the mission support offices. Specifically, the position will assist in managing the changing relationship as the Executive office takes on more roles as a support services provider to USAID/Somalia.

SPECIFIC DUTIES AND RESPONSIBILITIES

Under the direction of the Supervisory Executive Officer, the USPSC Executive Human Resources Advisor is responsible for the administrative management of the USAID/KEA operating units and USAID/Somalia, including the following functional areas:

a. Human Resources Management

1. Supporting the planning of personnel management operations for the Direct-Hire and Local Hire Personal Service Contract employees.

2. Collaborating with mission officials on staffing and workforce planning issues and recommending actions to ensure maximum effective use of personnel.

3. Overseeing the recruitment team and selection of new personnel.

4. Exercising classification authority for USAID positions.

5. Coordinating training and staffing development opportunities for the mission and overseeing the Mission Awards program; Providing guidance and participating in the Mission Training Committee activities.

6. Counseling employees and their families on a wide range of subjects, including allowances, education, equal opportunity, career development, onward assignments, and employee relations.

7. Ensuring that accurate personnel data is input into HR automated systems and is reflected in Washington Staffing Patterns and reports.

8. Overseeing Missions compliance with Foreign Service annual performance management processes and deadlines.

b. Administrative Management and General Services

1. Carrying out the mission's administrative management operations.

2. Overseeing the planning and management of the mission's personal property acquisition, management, and disposal programs.

3. Serving as the mission representative to the Interagency Housing Board as the primary or alternate member.

4. Overseeing the planning and management of the mission's communications and records program.

c. Management Analysis and Planning

1. Managing all administrative and logistical support services and resources for the mission.

Directing and coordinating activities of the Executive Office and generally ensuring that EXO activities are carried out in a timely and efficient manner.

2. Developing internal management systems and implementing procedures, including the establishment and maintenance of a mission directives system. The directives system may include Mission Orders and Notices which supplement ADS policies and procedures to address unique post-specific requirements.

3. In coordination with the Regional Legal Advisor (RLA), interpreting USAID management regulations and ensuring mission compliance.

4. Developing the appropriate organizational structure and staffing requirements necessary to meet the program and administrative responsibilities of the mission in light of budgetary changes.

5. Regularly evaluating the mission’s organization, staffing, and services to ensure the efficient use of material and human resources.

6. Providing leadership and support to the missions self-care initiatives and completion of the Mission People always Strategy- in order to enforce accountability and performance management.

d. Budgetary & Financial Planning

1. Overseeing the formulation and management of the Operating Expense (OE) budget for the mission in coordination with the Controller.

2. Providing business support to the formulation of the Program Support Budget in coordination with the Controller.

3. Directing the administration of the OE budget, ensuring prompt and legal obligation of funds.

4. Monitoring OE-funded obligations for responsible liquidation and compliance with the forward funding policy.

5. Ensuring administrative closeout of awards and de-obligation of any residual balances.

6. Ensuring, in coordination with the Controller, that obligations are consistent with Agency funding policies and oversee the monitoring of obligated funds and requesting to de-obligate excess or unneeded funds.

7. The USPSC will not be required to have warranted authority to commit U.S. Government (USG) funds on behalf of the U.S. Government.

e. Program Support

1. Actively participating on program strategic objective teams with a focus on the personnel and material resource aspects of achieving the Mission's strategic objectives.

2. Participating in the formulation of mission policies on program development, implementation, and evaluation.

3. Reviewing mission development assistance activities for their management support requirements and participating in the design of the administrative/logistical components of the activities.

f. Contract Management: Overseeing the personnel contracting functions.

g. Interagency Administrative Support Services

1. Representing the mission in the International Cooperative Administrative Support Services (ICASS) platform, oversee the coordination with the Mission Controller and ICASS services providers.

2. Monitoring and ensuring that the type, level, and charges for services to ensure conformance with support agreements and USAID regulations.

h. Information Resources Management: Overseeing the day-to-day operations of the Information Resources Management Unit, including all hardware and software applications.

i. Travel and Transportation: Overseeing the preparation, approvals and issuance of Travel

Authorizations in accordance with policy and regulations, ensuring that all legal and regulatory requirements are met. Responsible for providing guidance on travel regulations to mission staff.

Additionally managing the electronic Country Clearance System.

j. Security and Safety: Serving as Unit Security Officer or alternate USO for the mission and, in collaboration with the Regional Security Office and the USAID Office of Security (SEC), ensuring compliance with required security programs. In coordination with RSO and USAID/SEC, overseeing the installation of security upgrades on office and residential facilities. May act as Program Manager for the contracted Partner Liaison Security Office (PLSO).

k. Administrative Support to Contractors

1. Advising the Contracting Officer on the administrative support available for a contractor and providing the support during the period of the contract in accordance with the provisions of the contract. Providing guidance on tax and duties exonerations processes for USAID’s contractors and grantees under USAID bilateral agreements in coordination with the RLO.

2. Provide support to Implementing partners for advice and processing of visas and work permits.

POSITION ELEMENTS

Physical Condition: USAID prohibits discrimination in hiring and employment on the basis of physical or mental impairment. USAID promotes, with reasonable accommodation, the full realization of equal employment opportunities for the disabled in recruitment, promotion, assignment, and training.

Supervision Received: The USPSC will work under the general supervision of the USAID/KEA Supervisory Executive Officer. The incumbent is expected to work with a high degree of independence, and be considered an expert, consulted by specialists and senior managers. S/he must be able to establish priorities, set, adhere, and engender compliance from other staff on deadlines, and perform responsibilities and duties with minimal guidance. General guidance is provided. Once general assignments are set, the incumbent is required to exercise extensive judgment in planning and carrying out tasks, including the specific approach to be taken, the resolution of problems and conflicts, and the meeting of deadlines. Completed work is only reviewed for conformance. The EXO is expected to review own work outputs, to ensure compliance with Agency policies, and implementation of best practices; and seeking input independently from USAID/KEA staff, managers, and external stakeholders.

Available Guidelines: The EXO is required to understand Mission and Agency-specific policies and procedures which govern program activity management in addition to the USAID/KEA established administrative operating procedures, policies and formats. Oral guidance from the immediate Supervisor and specific detailed instructions will be given (when necessary) for carrying out unique assignments. The incumbent will be required to be proactive in keeping abreast of evolving guidelines and policies which affect the activities related to executive office activities and policy, including but not limited to the Automated Directives System (ADS), Foreign Affairs Manual (FAM), Mission Orders, Mission Notices, USG Procurement regulations (FAR, AIDAR), and USAID Program Strategy and Policy Documents. In addition, the Mission Director, Deputy Mission Director(s), USAID/KEA Program Office team members, support teams such as Financial Management, Executive Office, Procurement Office and Regional Legal Advisor and counterparts in USAID/Washington are available as resources to provide advice and guidance.

Exercise of Judgment: The USPSC must apply a high level of sound independent judgment in all aspects of work, including solution to financial problems and in managing a large staff. In instances not clearly covered by written guidelines or by direction from the supervisor, the incumbent will use her/his own personal, well-informed, judgment and ingenuity to interpret the intent of guides in devising innovative approaches to resolving technical, administrative, managerial and/or policy problems. Excellent (balanced) judgment must be exercised in setting priorities. The use of initiative, discretion, and patience is expected from the incumbent in dealing with USAID personnel as well as representatives from other USG agencies and donor organizations to resolve problems that arise during the course of work for which there is often no clear or immediate solution. In addition, considerable judgment is required in working effectively with officials of the Ministries and the private sector from Kenya and Somalia, coordinating efforts in support of USAID/Kenya and Somalia objectives, and in collecting, analyzing and reporting on progress of activities and recommending project design actions. The incumbent will also be required to follow and adhere to the Agency's Code of Ethics and Conduct.

Complexity: Once general assignments are set, the PSC is required to exercise extensive judgment in planning and carrying out tasks, including the specific approach to be taken, the resolution of problems and conflicts, and the meeting of deadlines. Completed work is only reviewed for conformance.

Scope and Effect: The Supervisory Executive Officer serves as the responsible officer in the development, monitoring, and reporting on USAID/KEA Executive Office functions. The EXO is expected to review own work outputs, and those of Other USDH Executive Officers and deliverables to ensure compliance with Agency policies, and implementation of best practices; and seeking input independently from USAID/KEA staff, managers, and external stakeholders.

Supervision Exercised: Position requires team leader responsibilities, leading/coordinating work of other professional staff, without the benefit of supervisory relationships for USDH, which will make the team leader role more challenging. Position will be expected to participate in an advisory role on quarterly counseling requirements in the new performance management system.

Authority to Make Commitments: The USPSC will not have authority to commit U.S. Government (USG) funds on behalf of the U.S. Government or the USAID/KEA unless a contracting warrant can be obtained from the USAID Procurement Executive during this assignment.

Post Entry Training: The USPSC is expected to have completed all required training and certification.

Work Environment: Work is primarily performed in an office setting. If the employee travels, the work may additionally involve safety and/or security precautions, wearing of protective equipment, and exposure to severe weather conditions.

Travel Requirement: Travel is not anticipated for this position, although extremely limited local and international travel may be required for coordination, training, or support of on-going operations.

Support Items: The employee will be provided with the support services, equipment, and supplies necessary to perform the work. This will include shared office equipment (such as printer, scanner and shredder), and a workstation that includes a desk, computer, file cabinets, and network access, with the possibility for mobile computing devices based on need and Mission management approval.

Sunday Pay: Is not authorized.

12. PHYSICAL DEMANDS: The primary location of work will be on the U.S. Embassy/USAID compound in Nairobi, Kenya. No special demands are required to perform the work.

II. SKILLS AND QUALIFICATIONS

Applicants meeting the required qualifications for the position will be evaluated based on information presented in the application and obtained through reference checks.

Education (10 points) Candidates must possess a bachelor’s degree in an area related to Organizational Development, Management, Business Administration, Government/Political Science, Non-Profit Management, or other related field is required. Master’s degree in one of the above fields is desirable. Professional training and certification in government contracting required.

Knowledge/Experience (40 points)

● A minimum of 10 years relevant professional experience in government administrative services support in developing countries, including experience in institutional capacity assessment and strengthening.

● Demonstrated knowledge of policy, technical and operational aspects of government contracting, travel and human resources management.

● Direct work experience with an international organization and/or donor agency; a thorough working knowledge of USG operations, regulations, policies, procedures and programs desirable.

● Extensive knowledge of USAID (AIDAR) and Federal Acquisition Regulations (FAR), USAID assistance regulations, OMB Circulars, the USAID Automated Directive System and USAID A&A Policy Directives and Contract Information Bulletins is required.

Skills/Abilities (50 points)

● Superior writing skills.

● Superior interpersonal and communication skills including ability to collaborate with host-country officials, Embassy Officials and interact with partners, contractors and other stakeholders at senior levels.

● Proven ability to work effectively in a team environment and communicate highly technical information to both expert and lay audiences, and achieve consensus on policy, project, research, and administrative matters.

● Ability to readily understand, analyze and discuss issues around institutional capacity strengthening and development practices. Ability to facilitate meetings and make oral presentations logically and persuasively to senior officials and partners in a multi-cultural context.

● Superior ability to work independently, plan work, complete assignments, and lead team to complete assignments according to established deadlines.

● Proven ability to mentor staff in human resources management, procurement, general services and administrative operations of a USG or international donor organization overseas Mission.

TOTAL: 100 points

NOTICE TO APPLICANTS: The USAID reserves the right to obtain from previous employers relevant information concerning the applicant’s past performance and may consider such information in its evaluation.

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. FAR provisions of this solicitation are available at https://www.acquisition.gov/browse/index/far.

The incumbent should meet the following requirements in education, work experience, knowledge, and skills and abilities to be able to carry out the aforementioned duties and responsibilities:

1. Education: A university degree in an area related to Organizational Development, Management, Business Administration, Government/Political Science, Non-Profit Management, or other related field is required.

Master’s degree in one of the above fields is desirable. Professional training and certification in government contracting required.

2. Prior Work Experience: Ten (10) years of progressively responsible professional experience in government administrative services management required.

3. Language Proficiency: Level 4 English.

4. Knowledge: Expert level knowledge and application of government contracting, development activity planning, budgeting, financial management, personnel, and administration systems. Incumbent is expected to be an expert, consulted by Mission management and implementing partners, on all Mission support issues pertaining to contract and grant development, management, implementation, and enforcement.

Knowledge of USG regulations related to grants or contracts administration is required.

5. Abilities and Skills: Must possess superior negotiation, written and oral communication, and interpersonal skills (required). The incumbent is required to be able to: 1) demonstrate strong analytical and writing skills; 2) present technical information in concise written and oral form; 3) coordinate programs and visits independently; 4) organize informal training for USAID staff and partners. The candidate must also have the ability to establish rapport and effective communication with USG staff, contractors, USG counterparts, etc. He/She must also have excellent management, interpersonal and teamwork skills.

Proven skills in mentoring and coaching staff are a requirement.

Communication Skills: Proven ability to work as a member of a team and to foster teamwork is required, as is the ability to develop and maintain productive working relationships at all levels, including with USG staff and colleagues, and leaders of the non-governmental organization and corporate community.

Demonstrated ability to communicate effectively through oral presentations and briefings, written reporting and analysis, and information technology tools. Demonstrated ability to lead contract negotiations and dialogue with implementing partners.

Satisfactory Professional Reference Checks – Pass/Fail (no points assigned)

Total Possible Points: 100

IV. APPLYING

1. Interested applicants are required to submit the following:

1) Offer form AID 309-2, “Offeror Information for Personal Services Contracts with individuals,” available at https://www.usaid.gov/forms/aid-309-2

2) An up-to-date curriculum vitae (CV) or resume (no more than five pages), cover letter explaining your qualifications for the position, copies of all relevant certificates and include three (3) referees, who are not family members or relatives, with working telephone and e-mail contacts.

2. Applications must be submitted electronically via email to A&A Specialist, Elizabeth Mailu, email at emailu@usaid.gov with a copy to Supervisory Contracting Officer, Jonathan Chappell, email at jchappell@usaid.gov by the closing date and time indicated above.

3. To ensure consideration of offers for the intended position, Offerors must prominently reference the Solicitation number in the offer submission/cover letter.

V. LIST OF REQUIRED FORMS FOR PSC HIRES

Once the CO informs the successful offeror about being selected for a contract award, the CO will provide the successful Offeror instructions about how to complete and submit the following forms.

● Medical History and Examination (DS 6561)

● Questionnaire for Non-Sensitive Positions (SF-85)

● Declaration for Federal Employment (OF-306)

● Fingerprint Card(s)

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 and 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

This position is a Local Hire U.S PSC and receives only the limited benefits specified above. Any contract offered under this solicitation will not offer benefits that are available to Offshore Hire U.S PSC.

Benefits that the successful candidate will not receive include, but are not limited to:

a. Access to Embassy medical facilities, Cash Checking, AEA Commissary Access, Pouch Mail Service (DPO/APO)

b. Cost of Travel to and from Post;

c. Shipment and storage of UAB and HHE;

d. Shipment of POV (Private Own Vehicle);

https://www.usaid.gov/forms/aid-309-2

e. R&R and Home Leave Travel; and

f. Housing

2. ALLOWANCES:

Section numbers refer to rules from the Department of State Standardized Regulations (Government Civilians Foreign Areas)

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 clauses “General Provisions,” found at: http://www.usaid.gov/policy/ads/300/aidar.pdf

2. Executive Order 14042 on Ensuring Adequate COVID-19 Safety Protocols for Federal Awards (Oct 2021)

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-FAR22-01c)

(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.

http://aoprals.state.gov/content.asp?content_id=231&menu_id=92 http://aoprals.state.gov/content.asp?content_id=231&menu_id=92 http://aoprals.state.gov/content.asp?content_id=231&menu_id=92 http://aoprals.state.gov/content.asp?content_id=231&menu_id=92 http://www.usaid.gov/policy/ads/300/aidar.pdf

(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/.

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

LINE ITEM

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

- Award Type: Labor Hour

- Product Service Code: R497

- Accounting Info: TBD at award after negotiations phase

0002 Option Period 1 - Compensation, Fringe Benefits and Other Direct Costs (ODCs)

- Award Type: Labor Hour

- Product Service Code: R497

- Accounting Info: TBD

4. Acquisition and Assistance Policy Directives/Contract Information Bulletins (AAPDs/CIBs):

AAPDs/CIBs for Personal Services Contracts with Individuals available at https://www.usaid.gov/work-usaid/aapds-cibs

AAPD 21-04- Executive Order 14042 on ensuring adequate COVID-19 Safety protocols for federal awards (FAR Deviation No. M-OAA-DEV-FAR-22-01c)- October 12, 2021

- AAPD 21-01 - Applicability of FAR 4.21 to USAID personal services contracts with individuals under the AIDAR Appendices D and J- March 26, 2021

- AAPD 18-02 REVISED - This AAPD extends and revises implementation of medevac regulations for USPSCs and TCNPSCs under AIDAR Appendix D and J, § 12, clauses #25 in Appendix D, and #21 in Appendix J. – December 18, 2019

- AAPD 10-01 – PERSONAL SERVICES CONTRACTS- Changes in USG reimbursement amounts for health insurance and physical examination costs- 01/08/10

- AAPD 06-10- PSC Medical Expense Payment Responsibility – October 30, 2006 https://www.saferfederalworkforce.gov/contractors/ https://www.usaid.gov/forms https://www.usaid.gov/work-usaid/aapds-cibs

- AAPD 06-08 - AIDAR, APPENDICES D AND J: Using the optional schedule to incrementally fund contracts – June 23, 2006

5. Ethical Conduct. By the acceptance of a USAID personal services contract as an individual, the contractor will be acknowledging receipt of the “Standards of Ethical Conduct for Employees of the Executive Branch,” available from the U.S. Office of Government Ethics, in accordance with General Provision 2 and 5 CFR 2635. See https://www.oge.gov/web/oge.nsf/OGE%20Regulations

6. PSC Ombudsman

The PSC Ombudsman serves as a resource for any Personal Services Contractor who has entered into a contract with the United States Agency for International Development and is available to provide clarity on their specific contract with the agency. Please visit our page for additional information: https://www.usaid.gov/work-usaid/personal-service-contracts-ombudsman

The PSC Ombudsman may be contacted via: PSCOmbudsman@usaid.gov.

[END OF SOLICITATION – AMENDMENT 01]

https://www.oge.gov/web/oge.nsf/OGE%20Regulations https://www.usaid.gov/work-usaid/personal-service-contracts-ombudsman