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U . S . T R A D E A N D D E V E L O P M E N T A G E N C Y
SUBJECT: Solicitation for U.S. Personal Services Contractor
Asia Regional Business Development Manager (Bangkok, Thailand)
SOLICITATION NUMBER: RFP-CO201431242
ISSUANCE DATE: July 21, 2014
CLOSING DATE: August 20, 2014 at 12:00 Noon Local Arlington, VA
Time/ET
Ladies and Gentlemen, The United States Government, represented by the U.S. Trade and Development Agency
(USTDA), is seeking applications from qualified United States (US) citizens interested in providing Personal Services Contract (PSC) services as described in the attached solicitation for services.
Interested applicants must submit:
(1) An up-to-date curriculum vitae (CV) or resume: Your CV/resume must contain sufficient relevant information to evaluate the application in accordance with the stated evaluation criteria. Broad general statements that are vague or lacking specificity will not be considered as effectively addressing particular selection criteria. Applicants are encouraged to write a brief appendix to demonstrate how prior experience and/or training addresses the minimum qualifications and evaluation criteria set forth in the solicitation.
(2) References: Three (3) to five (5) professional and/or academic references, who are not family members or relatives, with working telephone and e-mail contacts. The references must be able to provide substantive information about your past performance and abilities.
USTDA reserves the right to contact your previous employers for relevant information concerning your performance and may consider such information in its evaluation of the application.
(3) Salary history: Applicants should note that the salary history is the base salary paid, excluding benefits and allowances such as housing, travel, educational support, vehicle use, etc.
Applications must be received by e-mail by closing date and time specified in the cover letter of this solicitation and should be submitted via E-mail to: contractproposals@ustda.gov. In order to be considered for the position a candidate must meet the Minimum Qualifications listed in the solicitation. Consideration and selection will be based on a panel evaluation of the applications vis-a-vis the Evaluation Criteria.
mailto:%20contractproposals@ustda.gov
Please note that attachments to e-mail must be in Word format (.doc) and Adobe Acrobat format (.pdf) only. Please reference the solicitation number and title of position on your application and in the subject line of any cover letter.
An application received after the closing date and time will be considered late, unless there is acceptable evidence to establish that it was received by the Government installation prior to the time and date specified in the solicitation and in accordance with Federal Acquisition
Regulation (FAR) 15.412.
Any questions regarding this solicitation may be directed to:
Mr. Garth A. Hibbert
Contracting Officer
U.S. Trade and Development Agency
E-mail: contractproposals@ustda.gov
This contract shall be awarded solely to an individual, not to a firm. The individual must have an active DUNS # and a fully approved & active www.sam.gov record.
USTDA reserves the right not to award any contract as a result of this solicitation.
Applicants should retain for their records copies of all enclosures accompanying their applications.
Sincerely, //Signed//
GARTH A. HIBBERT
Chief, Office of Acquisition Management
EEO: USTDA IS AN EQUAL EMPLOYMENT OPPORTUNITY EMPLOYER AND
PROVIDES EQUAL OPPORTUNITY AND FAIR AND EQUITABLE TREATMENT
IN EMPLOYMENT TO ALL PEOPLE WITHOUT REGARD TO RACE, COLOR,
RELIGION, SEX, NATIONAL ORIGIN, AGE, DISABILITY, POLITICAL
AFFILIATION, MARITAL STATUS, OR SEXUAL ORIENTATION.
mailto:contractproposals@ustda.gov http://www.sam.gov/
U.S. TRADE AND DEVELOPMENT AGENCY
PRIVACY ACT STATEMENT
This information is provided pursuant to Public Law 93-579 (Privacy Act of 1974), December 31, 1974, for individuals who complete this form.
The Executive Office of the President, Office of Management and Budget has required that all departments and agencies comply with the reporting requirements of Section 6041 of the
Internal Revenue Code. Section 6041 states that all departments and agencies making payments totaling $600.00 or more in one year to a recipient for services provided must be reported to the Internal Revenue Service (IRS). The SSN and all financial numbers will be disclosed to the USTDA payroll office personnel and personnel in the Department of
Treasury, Division of Disbursements. USTDA will use this SSN to complete Form W-2 of the code on employee compensation. Disclosure by the PSC of the SSN is necessary to obtain the services, benefits or processes provided by this contract. Disclosure of the SSN may be made outside USTDA when disclosure by virtue of a contract being a public document after signature is authorized under the Freedom of Information Act.
Asia Regional Business Development Manager
Bangkok, Thailand
1. SOLICITATION NUMBER RFP-CO201431242
2. ISSUANCE DATE July 21, 2014
3. CLOSING DATE/TIME
FOR RECEIPT OF APPLICATIONS August 20, 2014 at 12:00 Noon, Arlington, VA time/ET
4. POSITION TITLE: Asia Regional Business Development Manager
5. MARKET VALUE: The position is the equivalent of a GS-13 or GS-
14 base salary (ranging from $72,391 to
$111,203 per annum). Final compensation will be based on individual’s qualifications, salary and work history, experience and educational background. However, under no circumstances will the base salary be negotiated above the top of the GS-13/14 salary range.
6. PERIOD OF PERFORMANCE: One (1) base year from date of appointment, with two (2) one year options, for a total of three (3) years if all options are exercised.
Option to extend will depend upon the continuing need for the services, availability of funds and satisfactory performance.
7. PLACE OF PERFORMANCE: Performance of this contract shall be in
Bangkok, Thailand and other locations in
Southeast and South Asia.
8. EVALUATION FACTORS: Evaluation will be done on a 100-point Scale, Education (max of 15 pts); Work Experience
(max of 35 pts); Technical Knowledge (max of
30 pts); and Skills (max of 20 pts).
9. SECURITY ACCESS: Secret
10. AREA OF CONSIDERATION: U.S. Citizens
SECTION B – SCHEDULE OF SERVICES (CONTINUATION OF SF1449)
B.l. INTRODUCTION
The U.S. Trade and Development Agency (USTDA) is an independent agency under the
Executive Branch. USTDA’s mission is to promote economic development in middle income and developing countries by funding feasibility studies, consultancies, training programs, and other project planning services. The Agency assists U.S. firms by identifying major development projects that offer substantial U.S. export potential and by funding private sector involvement in project planning. This, in turn, helps position U.S. firms for follow-on activities during the implementation phase of the project. USTDA activities cover a wide range of sectors of high priority to host countries and international development efforts.
B.2. CONTRACT ADMINISTRATION DATA
1. CONTRACT ADMINISTRATION: All contract administration matters will be handled by the following individuals:
a. CONTRACTOR: TBD
b. GOVERNMENT: Garth A. Hibbert
Contracting Officer
US Trade and Development Agency
1000 Wilson Blvd., Suite 1600
Arlington, VA 22209-3901
Henry Steingass
Contracting Officer’s Representative (COR)
US Trade and Development Agency
1000 Wilson Blvd., Suite 1600
Arlington, VA 22209-3901
Performance of the work hereunder shall be subject to the technical directions of the
COR. As used herein, "Technical Directions" are directions to the PSC, which fill in details, suggest possible lines of inquiry, or otherwise complete the general Terms of
Reference. Technical Directions must be within the terms of this contract, shall not change or modify them in any way, and shall not constitute changes, which may only be accomplished by the Contracting Officer. Notwithstanding any of the other clauses of this contract, the Contracting Officer shall be the only individual authorized to:
(1) Accept nonconforming work,
(2) Waive any requirement of this contract, or
(3) Modify any term or condition of this contract.
2. PAYMENT OFFICE:
The payment office for the salary and benefits portion of this contract is the U.S. Department of State via Payroll Office, Charleston Financial Service Center, 1969 Dyess Avenue, North
Charleston, SC 29409-2621, (803)-308-5300. Travel will be handled by the Administrative
Offices of the U.S. Embassy Bangkok.
3. CONTRACT FUNDS DATA: Funds for this contract are chargeable as per Page 1, Contract Cover
4. PSC'S PAYMENT: Payments shall be made to the PSC by electronic funds transfer.
B.3. SERVICES
See Section C of this contract for applicability of the contract clauses. For a period hereinafter set forth, and as more fully described in Section D, the Personal Services
Contractor (PSC) shall perform the major duties and responsibilities as required by the U.S.
Trade and Development Agency.
SALARY at GS-13 equivalent
GS-13 (base per annum): $94,108 (Not to Exceed (NTE))
Hardship Differential (est. 15%): $14,116.20 (NTE)
Cost of Living (est. 30%): $13,980 (NTE)
OASDI (FICA)/Medicare (7.65%): $8,279.15
TOTAL SALARY AND FRINGE: $130,483.35 (Estimated, NTE)
REIMBURSABLES
Education Allowance: $91,200(up to three children in grades K-12)
*Health Insurance: $5,000
**Life Insurance: $500
Foreign Transfer Allowance: $1,300 (Zone 3 transfer with family)
Living Quarters Allowance: $55,400 (Group 3 with family)
CONTINGENCY $1,116.65
TOTAL PRICE OF BASE CONTRACT: $285,000 (NTE) per annum
SALARY at GS-14 equivalent
GS-14-Step 10 (base per annum): $111,203 (Not to Exceed (NTE))
Hardship Differential (15%): $16,680.45(NTE)
Cost of Living (est. 30%): $15,450.00 (NTE)
FICA/Medicare (7.65%): $9,783.00
Total SALARY AND FRINGE: $153,116.45
REIMBURSABLES
Education Allowance: $91,200 (up to three children in grades K-12)
*Health Insurance: $5,000
**Life Insurance: $500
Foreign Transfer Allowance: $1,300 (Zone 3 transfer with family)
Living Quarters Allowance: $55,400 (Group 3 with family)
Contingency: $ 483.55
TOTAL PRICE OF BASE CONTRACT: $307,000 (NTE) per annum
* Health insurance is authorized for this contract in an amount not to exceed $5,000.00 which is the maximum total amount allowable for the PSC contractor, including cost for all dependents. Proof of health and insurance coverage and its actual cost to the PSC shall be submitted to the Contracting Officer before any contribution is made. The contribution for health insurance shall not exceed 50% of the actual cost to the PSC for his/her annual health insurance, or the maximum U.S. Government contribution for a direct-hire employee, whichever is less.
**The contribution for life insurance shall be up to 50% of the actual annual costs to the PSC for life insurance, not to exceed $500 per year.
Contingency and education funds are only authorized by written approval of the Contracting
Officer. PSCs Contract salary will be paid out at North Charleston, South Carolina, Financial Services Center, via Electronic Funds Transfer to a U.S. Bank Account. PSCs are considered employees of the U.S. Government (IRS), therefore not eligible for the foreign earned income exclusion.
B.4. WORK WEEK
The PSC's workweek shall be no less than 40 hours. If the contract is for less than full time
(40 hours weekly), the annual and sick leave earned shall be prorated (see the General
Provision of this contract entitled Leave and Holidays).
This contract has no provisions for the following items:
1. Overtime
2. Retirement
B.5. BENEFITS/ALLOWANCES
Benefits, Allowances and U.S. Taxes: PSCs are treated on par with other Government
Employees, except for programs based on any law administered by the Federal Office of
Personnel Management (e.g., incentive awards, life insurance, health insurance, and retirement programs covered by 5CFR Parts 530, 531, 831, 870, 871, and 890). While PSCs are ineligible to participate in any of these programs, the following benefits are provided.
As a matter of policy, and as appropriate, a PSC is normally authorized the following benefits and allowances (however, as conditions at post change, benefits and allowances may also be changed):
1. Benefits:
a) Employee’s FICA Contribution
b) Annual Contribution towards Health and Life Insurance
c) Worker’s Compensation
d) Vacation and Sick Leave
e) Access to Health Unit if employee and/or dependents are medically cleared to serve at post of assignment
2. Allowances * (If Applicable):
a) Post Differential (Section 500)
b) Living Quarters Allowance (Section 130)
c) Temporary Lodging Allowance (Section 120)
d) Post Allowance (COLA)(Section 220)
e) Supplemental Post Allowance (Section 230)
f) Payment During Evacuation (Section 600)
g) Education Allowance (Section 270)
h) Separate Maintenance Allowance (Section 260)
i) Danger Pay (Section 650)
* Dept of State Standardized Regulations (DSSR) (Government Civilians Foreign Areas)
3. In-Kind Allowances:
The USG will provide the following in-kind allowances, on par with US Direct Hires at the same location, in lieu of some allowances in paragraph “2. Allowances* (If Applicable)” above:
a) Housing
b) Furniture
c) Appliances
d) Furnishings (drapes/blinds, rugs, lights, etc.)
e) Utilities
f) Guard Services for Residence
4. Federal and State Taxes:
a. Federal Taxes: PSCs are not exempt from payment of Federal Income taxes and these will be withheld from compensation payments.
b. State Taxes: USTDA does not withhold state taxes from compensation payments.
State taxes are solely between the employee and the employee’s state of official residence.
5. Rest and Recuperation (R&R) Travel:
a. The following R&R Travel Allowance will be granted to the PSC contractor and his/her authorized dependents to the extent specified by this contract and in accordance with the Foreign Affairs Manual Volume 3 (3 FAM 3720), as from time to time amended.
The R&R Travel Allowance must be consistent with Section 901(6) of the Foreign Service
Act of 1980 (as amended), Department of State travel regulations, and the guidelines published in 3 FAH-1 H-3720.
b. For the purpose of this contract, the R&R Travel Allowance is limited to one
(1) round trip during any continuous 2-year period of service, unbroken by home leave.
Pursuant to the terms of this contract and per 3 FAM 3722(a)(1), any continuous 2-year period of service unbroken by home leave earns the PSC contractor and his/her authorized dependents, one round trip to the R&R destination. The R&R destination for persons serving in Bangkok, Thailand is Sydney, Australia. Both home leave and R&R travel may not be requested and/or granted in the same continuous 2-year period of service. If this requirement is not followed, USTDA reserves the right to request the repayment of all R&R travel expenses incurred, including those incurred by eligible family members
B.4. PAYMENT
PSC's Compensation and Reimbursement in U.S. Dollars:
(A) Except to the extent reimbursement is payable in the currency of the Cooperating
Country, USTDA shall pay the PSC compensation after it has accrued and reimburse him/her in U.S. dollars for necessary and reasonable costs actually incurred by him/her in the performance of this contract within the categories listed in paragraph (c), below, and subject to the conditions and limitations applicable.
(B) The amount budgeted and available as personal compensation to the PSC is calculated to cover a calendar period of twelve months.
Maximum U.S.-Dollar Obligation:
In no event shall the maximum U.S.-dollar obligation under this contract exceed $307,000.
PSC shall keep a close account of all obligations he/she incurs and accrues hereunder and promptly notify the Contracting Officer whenever in his/her opinion the USTDA maximum is not sufficient to cover all compensation and costs reimbursable in U.S. dollars which he/she anticipates under the contract.
The PSC shall not be provided with or reimbursed in local currency.
The total estimated salary and benefits cost of this contract is stated in B.3 of this contract.
The salary will be based upon a 40-hour work week. Overtime pay is not authorized under this contract. Benefits include costs for OASDI/FICA, Medicare, education allowance, home leave/allowable miscellaneous unforeseen expenses, and allowable costs for health and life insurance.
This PSC contract is issued as a base year with two option year contract. This option gives the government a unilateral right to purchase additional services or extend the term of the contract. The presence of an option is no guarantee that the government will exercise the option. The Contracting Officer will consider the price and other related factors when determining whether to exercise this option. This contract may be incrementally funded.
PSCs exempt from overtime pay may, after a period of intense and prolonged overtime work and/or travel, be allowed a reasonable amount of time off for rest and recuperation. Such time is handled informally and normally is not shown on the time sheet. Further, such leave is not intended to provide an amount of time equal to the amount of overtime work performed. Precise terms and conditions for such informal compensatory leave are handled by COR, in consultation with management, on a case-by-case basis.
B.5. PRE-CONTRACT EXPENSES
No expense incurred before signing of this contract will be reimbursed unless such expense was incurred after authorization by the Contracting Officer. Pre-contract expenses for medical examinations, visas, and passports, etc. will be reimbursed to the PSC or paid directly to suppliers via separate obligation of funds, when approved by USTDA. A contribution to the cost of pre-contract expenses required shall be covered for PSC and each of his/her dependents at an amount not to exceed a maximum USTDA share NTE $300 per person.
SECTION C – CONTRACT CLAUSES
a. CLAUSES INCORPORATED BY REFERENCE
52.202-1 Definitions NOV 2013
52.204-2 Security Requirements AUG 1996
52.204-4 Printed or Copied Double-Sided on Postconsumer MAY 2011
Fiber Content Paper
52.204-7 System for Award Management JUL 2013
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011
52.212-4 Contract Terms and Conditions--Commercial Items MAY 2014
52.245-1 Government Property APR 2012
b. CLAUSES INCORPORATED BY FULL TEXT
52.212-5 Contract Terms and Conditions Required to JUN 2014
Implement Statutes or Executive Orders
-- Commercial Items.
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).
__X__ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L.
108-77, 108-78).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).
___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub.
L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
___ (3) 52.203-15, Whistleblower Protections under the American Recovery and
Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).
___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract
Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).
___ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting
Requirements (Jul 2010) (Pub. L. 111-5).
___ (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with
Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C.
6101 note).
__X_ (7) 52.209-9, Updates of Publicly Available Information Regarding
Responsibility Matters (Jul 2013) (41 U.S.C. 2313).
__X_ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations
(May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division
C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of
Division D of Pub. L. 110-161).
___ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011)
(15 U.S.C. 657a).
___ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small
Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).
___ (11) [Reserved]
___ (12) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C.
644).
___ (ii) Alternate I (Nov 2011).
___ (iii) Alternate II (Nov 2011).
___ (13) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15
U.S.C. 644).
___ (ii) Alternate I (Oct 1995) of 52.219-7.
___ (iii) Alternate II (Mar 2004) of 52.219-7.
___ (14) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C.
637(d)(2) and (3)).
___ (15) (i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (15 U.S.C. 637
(d)(4)).
___ (ii) Alternate I (Oct 2001) of 52.219-9.
___ (iii) Alternate II (Oct 2001) of 52.219-9.
___ (iv) Alternate III (July 2010) of 52.219-9.
___ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
___ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C.
637(a)(14)).
___ (18) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15
U.S.C. 637(d)(4)(F)(i)).
___ (19) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small
Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).
___ (ii) Alternate I (June 2003) of 52.219-23.
___ (20) 52.219-25, Small Disadvantaged Business Participation Program—
Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and
10 U.S.C. 2323).
___ (21) 52.219-26, Small Disadvantaged Business Participation Program—Incentive
Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
___ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-
Aside (Nov 2011) (15 U.S.C. 657f).
___ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013)
(15 U.S.C. 632(a)(2)).
___ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-
Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).
___ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB)
Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).
__X_ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
__X_ (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies
(Mar 2012) (E.O. 13126).
__X_ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).
__X_ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
__X_ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).
__X_ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010)
(29 U.S.C. 793).
__X_ (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C.
4212).
__X_ (33) 52.222-40, Notification of Employee Rights Under the National Labor
Relations Act (Dec 2010) (E.O. 13496).
__X_ (34) 52.222-54, Employment Eligibility Verification (Jul 2012). (Executive
Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
__X_ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for
EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
___ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007)
(42 U.S.C. 8259b).
___ (37) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of
Personal Computer Products (Dec 2007) (E.O. 13423).
___ (ii) Alternate I (Dec 2007) of 52.223-16.
__X_ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while
Driving (Aug 2011).
___ (39) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d).
___ (40) (i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act
(Nov 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19
U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).
___ (ii) Alternate I (Mar 2012) of 52.225-3.
___ (iii) Alternate II (Mar 2012) of 52.225-3.
___ (iv) Alternate III (Nov 2012) of 52.225-3.
___ (41) 52.225-5, Trade Agreements (Sep 2013) (19 U.S.C. 2501, et seq., 19 U.S.C.
3301 note).
__X_ (42) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
___ (43) 52.225-26, Contractors Performing Private Security Functions Outside the
United States (Jul 2013) (Section 862, as amended, of the National Defense
Authorization Act for Fiscal Year 2008; 10 U.S.C. 2303 Note).
___ (44) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42
U.S.C. 5150).
___ (45) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency
Area (Nov 2007) (42 U.S.C. 5150).
___ (46) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb
2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).
__X_ (47) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41
U.S.C. 255(f), 10 U.S.C. 2307(f)).
___ (48) 52.232-33, Payment by Electronic Funds Transfer— System for Award
Management (Jul 2013) (31 U.S.C. 3332).
___ (49) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for
Award Management (Jul 2013) (31 U.S.C. 3332).
___ (50) 52.232-36, Payment by Third Party (Jul 2013) (31 U.S.C. 3332).
___ (51) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
___ (52) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial
Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).
___ (ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
___ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).
___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29
U.S.C. 206 and 41 U.S.C. 351, et seq.).
___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price
Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C.206 and 41
U.S.C. 351, et seq.).
___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price
Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
___ (5) 52.222-51, Exemption from Application of the Service Contract Act to
Contracts for Maintenance, Calibration, or Repair of Certain Equipment--
Requirements (Nov 2007) (41 U.S.C. 351, et seq.).
___ (6) 52.222-53, Exemption from Application of the Service Contract Act to
Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.).
___ (7) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495).
___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar
2009) (Pub. L. 110-247).
___ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C.
5112(p)(1)).
(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the
Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in
FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract.
If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)
(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010)
(Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
(ii) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C.
637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iii) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O.
13495). Flow down required in accordance with paragraph (1) of FAR clause
52.222-17.
(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).
(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010)
(29 U.S.C. 793).
(vii) 52.222-40, Notification of Employee Rights Under the National Labor
Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.)
(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C.
7104(g)).
__X_ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(x) 52.222-51, Exemption from Application of the Service Contract Act to
Contracts for Maintenance, Calibration, or Repair of Certain Equipment--
Requirements (Nov 2007) (41 U.S.C. 351, et seq.)
(xi) 52.222-53, Exemption from Application of the Service Contract Act to
Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.)
(xii) 52.222-54, Employment Eligibility Verification (Jul 2012).
(xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National
Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations.
(Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xv) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial
Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of Clause)
52.217-8 Option to Extend Services NOV 1999
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 calendar days.
52.217-9 Option to Extend the Term of the Contract MAR 2000
(a) The Government may extend the term of this contract by written notice to the
Contractor within 15 calendar days; provided that the Government gives the
Contractor a preliminary written notice of its intent to extend at least 45 calendar days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 42 months (months)(years).
52.252-2 Clauses Incorporated by Reference FEB 1998
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:
www.acquisition.gov
(End of clause)
SECTION D – CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS:
D.1. STATEMENT OF WORK
The PSC serves as the Asia Regional Business Development Manager, based in Bangkok, Thailand, and is responsible for identifying and evaluating project opportunities for participation by USTDA; advising USTDA’s Regional Director for South and Southeast Asia on investment strategy in the region; assisting in the conduct of due diligence on potential
USTDA beneficiaries, following up on the status of past USTDA investments; ensuring the formalization and implementation of USTDA grants and contracts; supporting USTDA
Definitional Mission (DM), conference or other contractors; and other related duties as assigned.
The PSC works closely with both public and private sector project sponsors, policy makers or other leaders; various lending institutions; and a variety of U.S. Government agencies. As a part of the U.S. Government team in Thailand, the PSC works especially closely with the
U.S. Ambassador and other embassy/consulate colleagues.
D.1.2. MAJOR DUTIES AND RESPONSIBILITIES
Provide staff resources and USTDA expertise to manage and grow the USTDA portfolio.
Provide Agency representation to USTDA-sponsored workshops and conferences in
Southeast and South Asia and provide assistance in the preparation of reverse trade missions and USTDA-sponsored training.
Provide on-the-ground support and coordination for USTDA-initiated programs, including the U.S.-ASEAN Connectivity Cooperation Initiative, the Asia Clean Energy Development and Finance Center under the U.S.-Asia-Pacific Comprehensive Energy Partnership
(USACEP), and spearheading the opening of the Agency’s programming in Burma, as well as priority U.S. government initiatives including collaboration with APEC, the U.S.-
Philippines Partnership for Growth, the U.S.-Indonesia Joint Commission, and the Lower
Mekong Initiative, for example.
Identify, define and qualify projects for possible USTDA grant consideration. Types of projects include public sector infrastructure investments, various private sector commercial investments, policy-related technical assistance, reverse trade missions and other activities that support USTDA’s trade and development mission.
Screen and evaluate grant proposals from project sponsors and U.S. industry based on
USTDA’s grant criteria. These include development impact, export potential, potential for implementation financing, and the presence of foreign competition. In addition to reacting to incoming proposals, proactively seek to find or create new opportunities for USTDA to invest funds in support of the agency’s mission. Perform research relevant to the USTDA mission, such as due diligence research on project stakeholders, market research or policy analysis.
Coordinate USTDA activities with relevant Asian and U.S. government agencies, as well as with international financial institutions and other international donors.
Market USTDA’s services to potential partners in Southeast and South Asia. Represent
USTDA at meetings, conferences and other official events related to USTDA program activities. Make presentations on USTDA’s programs to large and small groups.
Support Regional Director and Country Managers in all operational aspects of USTDA’s program. This may include document preparation, proposal evaluation and more as needed to back-up, support or provide input to operations led from USTDA’s Washington office.
Support DM contractors before, during and after their field missions. Perform some PSC oversight in those cases where the PSC accompanies Definitional Mission (DM) teams on official calls. Support other USTDA contractors, such as those on a research mission in advance of a possible conference.
Monitor USTDA projects throughout the project lifecycle - grant award, contractor selection, contract award, completion milestones, final report. Monitor the results of previous activities and recommends follow-on action where appropriate. To accomplish these tasks, maintain close contact with relevant parties. Support the evaluation and audit programs of the Agency by passing relevant information to relevant officials and carrying out assignments related to these functions.
Perform special projects and studies as assigned by the Regional Director or other designated
Contracting Officer Technical Representative. Work with the Regional Director and Country
Managers in defining the objectives and scope of a given activity, and based on the mutually developed parameters, develop plans, schedules, resource requirements, and other key data as needed. Draw conclusions from the data and other information gathered and analyzed.
Prepare the project or evaluation in acceptable format. As necessary, brief USTDA staff and officials of the results of these studies.
Assist the Regional Director and senior management in setting the strategy for USTDA investment in South and Southeast Asia.
Provide bi-weekly written briefs to USTDA staff regarding ongoing business development and program evaluation activities; participate in, at a minimum, twice-weekly conference calls with Region Director and Country Managers on the status of ongoing and prospective program activities.
Develop and submit to the Regional Director an annual work plan for USTDA’s locally employed Deputy Regional Manager in Bangkok, Thailand.
Travel in the region, either alone or with other USTDA staff and contractors when appropriate, in accordance with a travel plan developed with the Regional Director.
Performs other related duties as assigned.
D.1.3. KNOWLEDGE REQUIRED BY THE POSITION
Mastery of the underlying concepts and operational environment of foreign assistance and economic development programs, of the U.S. Government structure for international affairs, the roles of the various agencies involved in foreign affairs, the factors influencing international trade, and how international trade can contribute to developmental goals.
Thorough knowledge of USTDA’s operation and program mandate is essential.
Extensive knowledge of current political, economic, financial, and social conditions and cultural intricacies of the Southeast and South Asia region together with knowledge and understanding of the major development needs and emerging trends in the countries and areas concerned.
Understanding of international banking and financial practices, the policies and requirements of multilateral banking and regional development lending institutions, and alternative methods of private and public infrastructure project finance.
Understanding of major infrastructure and industrial project development and management.
Strong qualitative and quantitative evaluation skills and knowledge of the mission and functions of the U.S. Trade and Development Agency to apply appropriate measurement techniques to determine the effectiveness, efficiency, and successes of the various projects funded by USTDA.
Expertise in the use of databases, spreadsheets, charts, graphs, and tables in order to properly present findings and conclusions of evaluations, and to develop comprehensive reports on the results of Agency efforts to assist in the increase of U.S. export trade through USTDA projects.
Ability to establish and maintain effective working relationships with U.S. business executives, officials of host country governments and leading companies and state-owned enterprises, and representatives of other U.S. Federal agencies.
Ability to effectively market USTDA’s programs to U.S. companies and host country project sponsors.
Ability to operate independently, while also functioning as a member of an interagency team and within USTDA policy guidelines.
Ability to accurately and effectively communicate and defend ideas orally and in writing.
Ability to work under pressure to meet tight deadlines in an environment of multiple and rapidly changing priorities while effectively managing longer term projects.
D.1.4. SUPERVISORY CONTROLS
The PSC reports to the COR who sets the overall objectives of assignments related to
USTDA South and Southeast Asia activities. The PSC plans and carries out the assignment, resolves most of the conflicts or problems, coordinates the work with others as necessary, and interprets policy and otherwise works within acceptable USTDA guidelines. The PSC keeps the supervisor informed of major developments and the status of the projects by adhering to an established formal reporting schedule and providing special reports as necessary. Completed work is reviewed in terms of feasibility, compatibility with other work, or effectiveness in meeting requirements or expected results.
D.1.5. GUIDELINES
Guidelines exist in the form of general Federal directives, laws, international trade policies, and Agency practices. Guidelines often are broad and non-specific, requiring the PSC to use initiative and judgment in deciding on a course of action. Specific regulations or other guidelines for the substantive aspects of the work often do not exist.
D.1.6. COMPLEXITY
The work involves varied duties requiring many different and unrelated processes and methods applied to a broad range of activities, and substantial analysis. The PSC is expected to identify opportunities for trade development, promotion, and export expansion into new markets; to develop new techniques for trade development; and to function in a responsible, creative, and innovative mode. This overseas assignment is important to accomplish
USTDA’s mission in the region. The South and Southeast Asia region has enormous U.S.
trade potential. Maintaining close contact with USTDA's clients in host countries is important to the success of Agency programs. The time difference and the distance from headquarters, add a degree of difficulty in managing assignments.
D.1.7. SCOPE AND EFFECT
The position is responsible for overseeing studies, projects, and other activities to assist in the economic development of participant countries, and to promote the exports of U.S. goods and services to those countries. The PSC is responsible for identifying, planning, and implementing studies and other activities that are high development priorities in the host countries and which will enhance the opportunities for U.S. companies to provide goods and services when the projects reach the implementation stage. The PSC is responsible for planning and carrying out large, complex projects, and for follow-on assistance as appropriate.
D.1.8. PERSONAL CONTACTS
Contacts are with personnel in the U.S. and foreign companies, employees of other Federal agencies concerned with international trade matters, high-ranking officials in foreign ministries, companies, and representatives of trade associations.
D.1.9. PURPOSE OF CONTACTS
Contacts are to exchange and gather information, keep up with work in progress, negotiate, persuade, and otherwise obtain cooperation of the persons being contacted. The persons typically have diverse viewpoints, goals, or objectives, requiring the PSC to achieve a common understanding of the project or problem, and develop a solution or an acceptable compromise.
D.1.10. PHYSICAL DEMANDS
The work involves living overseas, international travel, with related demands, including disease prevention measures. Carrying and moving portable computers, books, papers, and office equipment is routine. High volume and complexity of assignments require good stress management abilities.
D.1.11. WORK ENVIRONMENT
The work is performed in an office setting overseas, with regular travel to the countries of the region and occasional travel to the United States.
D.1.12. PERIOD OF PERFORMANCE OVERSEAS
The PSC's period of service overseas for the performance period shall be (Base) MONTH, DAY, 2014 through MONTH, DAY, 2015 with not-to-exceed two options making the final performance period ending date of MONTH, DAY, 2017.
D.1.13. PLACE OF PERFORMANCE
Performance of this contract shall be in Bangkok, Thailand, other locations in the Southeast and South Asia region, and the U.S.
D.1.14. CONDITIONS FOR CONTRACTING PRIOR TO RECEIPT OF
SECURITY CLEARANCE
The PSC may commence work prior to the completion of the security clearance. However, until such time as clearance is received, the PSC shall have no access to classified or administratively controlled materials. Further failure to obtain clearance will constitute cause for contract termination.
D.1.15. SECURITY REQUIREMENTS
(a) This requirement shall apply to the extent that this contract involves access to classified information ("Confidential" or "Secret") or access to administratively controlled information
("Limited Official Use"). The PSC may be required to attend a Security Overseas Awareness
Seminar, if directed to do so by the Government
(b) The PSC:
(1) shall be responsible for safeguarding all classified or administratively controlled information in accordance with appropriate rules and regulations and shall not supply, disclose, or otherwise permit access to classified information or administratively controlled information to any unauthorized person;
(2) shall not make or permit to be made any reproductions of classified information or administratively controlled information except with the prior written authorization of the
Contracting Officer or COR.
(3) shall submit to the Contracting Officer, at such times as the Contracting Officer may direct, an accounting of all reproductions of classified or administratively controlled information; and
(4) shall not incorporate in any other project any matter which will disclose classified and/or administratively controlled information except with the prior written authorization of the Contracting Officer.
(c) The PSC shall follow the procedures for classifying, marking, handling, transmitting, disseminating, storing, and destroying official material in accordance with the regulations in the Foreign Affairs Manual, Chapter 5 (5 FAM 900), a copy of which will be furnished by the Regional Director on request.
(d) The PSC agrees to submit immediately to the COR or Contracting Officer a complete detailed report, appropriately classified, of any information which the PSC may have concerning existing or threatened espionage, sabotage, or subversive activity.
(e) The Government agrees that, when necessary, it shall indicate by security classification or administratively controlled designation, the degree of importance to the national defense of information to be furnished by the PSC to the Government or by the Government to the PSC, and the Government shall give written notice of such security classification or administratively controlled designation to the PSC and of any subsequent changes thereof.
The PSC is authorized to rely on any letter or other written instrument signed by the
Contracting Officer changing a security classification or administratively controlled designation of information.
(f) The PSC agrees to certify after completion of his/her assignment under this contract that he/she has surrendered or disposed of all classified and/or administratively controlled information in his/her custody in accordance with applicable security instructions.
(g) The PSC agrees that the PSC shall obtain a minimum of a security clearance of
“SECRET” before departing for post.
D.1.16. POST OF ASSIGNMENT PRIVILEGES
Privileges such as the use of APO, PX's, commissaries and officer's clubs are established at posts abroad under agreements between the U.S. and host governments. These facilities are intended for and usually limited to members of the official U.S. establishment including the
Embassy, U.S. Information Service and the Military. Normally, the agreements do not permit these facilities to be made available to non-official Americans. However, in those cases where facilities are open to non-official Americans, they may be used.
D.1.17. COVENANT AGAINST CONTINGENT FEES
(a) The PSC warrants that no person or agency has been employed or retained to…
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