sol_72052123r0009_us-tcnpsc_technical_advisor_for_rule_of_law_-_anti-corruption_1.pdf

U.S. Agency for International Development

American Embassy, Port-au-Prince

Boulevard 15 Octobre, Tabarre 41

P.O. Box 1634

Port-au-Prince, Haiti

Tel: +(509) 2229-8000

Fax

+(509) 2229-8066 www.usaid.gov/ht

SOLICITATION NUMBER: 72052123R00009

ISSUANCE DATE: July 12, 2023

CLOSING DATE/TIME: August 11, 2023

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

Country National Personal Services Contract (TCNPSC) Technical Advisor for Rule of Law and Anti-Corruption, USAID/Haiti

Dear Prospective Offerors:

The United States Government, represented by the U.S. Agency for International Development

(USAID), is seeking offers from qualified persons to provide personal services under contract as described in this solicitation.

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

USAID will evaluate all offerors based on the stated evaluation criteria. USAID encourages all individuals to, including those form disadvantaged and under-represented groups, to respond to this 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 offers.

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

Sincerely, Audrea L. Hardy

Executive Officer/Contracting Officer

ATTACHMENT 1

Solicitation #:72052123R00009

Technical Advisor – Rule of Law and Anti-Corruption

Port-au-Prince, Haiti

I. GENERAL INFORMATION

1. SOLICITATION NO.: 72052123R00009

2. ISSUANCE DATE: July 12, 2023

3. CLOSING DATE AND TIME FOR RECEIPT OF OFFERS: August 11, 2023

11:59 pm, Haiti local time

4. POINT OF CONTACT: USAID/EXO HR Team; port-au-prince-hrrecruitmentteam@usaid.gov

5. POSITION TITLE: Technical Advisor for Rule of Law and Anti-Corruption

6. MARKET VALUE: $99,908 to $129,878, equivalent to GS-14. The final compensation will be negotiated within the listed market value based on the successful candidate’s salary history, work experience, and educational background. Salaries over and above the top of the pay range will not be entertained or negotiated. USPSCs performing overseas are not entitled to Locality Pay.

7. PLACE OF PERFORMANCE: Port-au-Prince, Haiti with possible travel as stated in the Statement of

Duties.

USPSCs may be authorized to telework or remote work only from a location within the country of performance, in accordance with Mission policy. Telework or remote work from outside the country of performance may only be authorized in certain situations in accordance with the terms and conditions of the contract.

8. PERIOD OF PERFORMANCE: For two years with three-year options to extend. Extensions will be contingent on satisfactory performance, continued need for the services and availability of funds. No

PSC contract may exceed a five-year period of performance. Estimated to start on 01/15/2024.

The base period will be on or about 01/15/2024 – 01/14/2026. Based on Agency need, the Contracting

Officer may exercise additional one-year option period for a maximum of three years, as noted below:

Base Period: January 2024 – January 2026

Option Period 1: January 2026 – January 2027

Option Period 2: January 2027 – January 2028

Option Period 3: January 2028 – January 2029

9. ELIGIBLE OFFERORS: U.S. Citizens (including lawful permanent legal residents) or Third Country

Nationals (TCN).

“U.S. national (USN)” means an individual who is a U.S. citizen, or a non-U.S. citizen lawfully admitted for permanent residence in the United States.

“Third Country National” (“TCN”) means an individual (i) who is neither a citizen nor a permanent legal resident alien of the United States nor of the country to which assigned for duty, and (ii) who is eligible for return to their home country or country of recruitment at U.S. Government expense.

mailto:port-au-prince-hrrecruitmentteam@usaid.gov

10. SECURITY LEVEL REQUIRED: Secret Clearance is required for U.S. Citizens; Facility Access clearance is required for Third Country National (TCNs).

The final selected candidates must obtain both the appropriate security and medical clearances within a reasonable period of time. If such clearances are not obtained within a reasonable time or negative suitability issues are involved, any offer made may be rescinded.

11. STATEMENT OF DUTIES

1. General Statement of Purpose of the Contract

Over recent years, several developments have led to the breakdown of Haiti’s justice system, beginning with

2017-2019 political crises. Massive demonstrations and other civil unrest took place, in response to corruption in the Moïse administration following incidents like the Petrocaribe scandal. Between January

2020 and July 2021, the Moïse administration passed dozens of laws via presidential decrees, including the revised Criminal Code and the Criminal Procedures Code, which were supposed to take effect but have not.

Haiti has since experienced additional political crises that saw a sharp rise in street crimes and gang violence.

Emergencies included several fuel crises; the COVID-19 pandemic; an alleged coup d’état and related arrests; the assassination of the President of the Port-au-Prince Bar Association (August 2020); the death of the President of the Supreme Court, who also served as the Superior Council of the Judiciary’s (CSPJ) president; President Moïse’s assassination (July 2021); and a devastating earthquake in the south (August

2021). These physical and political disasters collectively had a significant impact on the county and on the justice sector. These events, particularly the assassination of President Moïse, rendered an already complex political and security situation even more dangerous. Haiti’s fragile political system and weak internal consensus had already fomented political divisions, which fueled constant political crises that often involved violence and armed gangs. As a result, Haiti has experienced increased impunity and corruption at almost every level of government, in part because the Haitian National Police (HNP) has not contained the massive incidents they are supposed to respond to and the dysfunctional justice sector has been incapable of handling incoming cases.

USAID is pivoting its democracy, rights, and governance programs to respond to support Haitians in their efforts to restore security, rule of law, and democratic institutions leading to free and fair elections by designing new activities to address the current realities on the ground. USAID is the lead agency implementing rule of law assistance.

2. Statement of Duties to be Performed

The Technical Advisor Rule of Law and Anti-Corruption will have the following responsibilities:

A. Project Management and Oversight (50%)

Serve as Agreement/ Contracting Officer's Representative for one or more rule of law related contracts or cooperative agreements, managing all technical, administrative, reporting, monitoring and evaluation as well as financial aspects of related justice programs and activities.

As such, the incumbent will be expected to provide technical oversight direction/ advice to contractors and/or, grantees to include:

- Track financial status and expenditures of rule of law activities and forecast future needs.

- Maintain complete and auditable files of all procurement documents that meet USG requirements.

- Ensure that USAID/Haiti’s rule of law and anti-corruption activities are in line with USAID and

USG policy, and to the extent possible, in line with international and local best practices and complementary to the efforts of other donors. The incumbent will also be required to assess potential new activities to make certain that USAID’s justice programming in Haiti address key issues in the sector and that investments in the sector produce positive results.

- Coordinate and participate in regular Portfolio Reviews and identification of major issues related to justice and anti-corruption programming for the DRG Office.

- Prepare internal reporting requirements for rule of law and anti-corruption related activities including program management reviews, annual reports, cables, project agreements, correspondence and other documentation.

B. Strategy Development and Technical Analysis (35%)

The incumbent will advise the DRG Officer, and other Embassy Port-au-Prince officers as required on the direction and implementation of the DRG office’s rule of law and anti-corruption portfolio, to include setting priorities for strategic actions. S/he will contribute to the development of USAID Haiti’s strategic planning documents, performing research and providing analysis on justice and anti-corruption programming. This may include drafting background documents outlining lessons learned during the implementation of previous donor-funded justice programming; donor mapping, participating in field research and/or assessments, preparing high-level briefings, developing internal and external communications on rule of law and anti-corruption topics of interest, such as briefing papers, technical presentations, and trends analysis.

Under the guidance of the DRG Office Director, work with project design teams to ensure technical excellence and coherence with local contexts with the aim of improving collaboration, building synergies, and elevating development results related to justice and anti-corruption programming in Haiti. This includes:

- Provide strategic advice and assistance to the DRG office in the planning and analysis of rule of law and anti-corruption activities. This includes coordination with relevant technical team members and experts across USAID offices, and drafting, reviewing, and commenting on activity planning documents.

- Conduct external stakeholder consultations supporting the planning, evaluation, and implementation of rule of law and anti-corruption programs.

- Conduct stakeholder consultations related to the design of programs, and prepare activity appraisal documents, pre-obligation documents and other documents related to new program design. Lead activity approval document preparations and review process in coordination with DRG team members. These efforts will involve drafting and reviewing critical programmatic documents for approval, such as program descriptions, scope of works, approval and decisions memos, and other technical documents.

C. Communications (15%)

- Prepare memoranda, speeches and talking points, briefing papers, and official correspondence for

USAID to share with the State Department and other USG agencies, and external audiences as appropriate.

- Build and maintain relationships with the Government of Haiti, working level officials in the

Ministry of Justice Superior Council of the Judiciary (CSPJ), Haitian Bar Association, civil society, and rule of law technical representatives in the donor community in Haiti.

- Represent USAID at interagency and external working groups as directed.

- Inform DRG Director and relevant colleagues about political and rule of law issues that affect program implementation and impact USAID activities.

- Prepare and success stories, fact sheets, think pieces, and periodic reports and bullets on

USAID/Haiti’s rule of law programming for both Haitian and American audiences.

- Prepare internal reporting requirements for justice related activities including program management reviews, annual reports, cables, project agreements, correspondence and other documentation, as required.

3. USAID Consultation or Orientation – NA

4. Supervisory Relationship: Incumbent reports directly to the USDH FS-01 Democracy and Governance

Office Chief. S/he may receive guidance from senior Mission management as the situation warrants.

5. Supervisory Control: The position does not have supervisory responsibility. However, the Technical

Advisor for Rule of Law and Anticorruption may train and mentor an FSN Rule of Law specialist in

Port-au-Prince, and any other staff working on anti-corruption activities.

6. Physical Demand: The work requested does not involve undue physical demands.

II. MINIMUM QUALIFICATIONS REQUIRED FOR THIS POSITION:

Education: A Juris Doctorate or Master’s Degree in a relevant field. Relevant fields include law, international development, international relations, political science, public policy, public administration, regional studies, and other related fields. Technical emphasis or specialization in the areas of rule of law, governance or human rights is preferred.

Work Experience: A minimum of seven years of development experience related to rule of law, anti-corruption, and/or governance related development projects. Demonstrated experience in international assistance programming is required. Demonstrated experience managing justice sector reform/ with rule of law programming is required (court reform, capacity building for judiciary or prosecutors’ offices, etc. is required. Overseas experience is required.

Language Skills: Level IV (Fluent) level speaking/reading and writing English is required. A working knowledge of French or Haitian Creole is preferred.

III. EVALUATION AND SELECTION FACTORS

The Government may award a contract without discussions with offerors in accordance with FAR 52.215-1.

The CO reserves the right at any point in the evaluation process to establish a competitive range of offerors with whom negotiations will be conducted pursuant to FAR 15.306(c). In accordance with FAR 52.215-1, if the CO determines that the number of offers that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the CO may limit the number of offerors in the competitive range to the greatest number that will permit an efficient competition among the most highly rated offers. The FAR provisions referenced above are available at https://www.acquisition.gov/browse/index/far.

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

A. Education: (10 points)

A Juris Doctorate or Master’s Degree in a relevant field. Relevant fields include law, international development, international relations, political science, public policy, public administration, regional studies, and other related fields. Technical emphasis or specialization in the areas of rule of law, governance or human rights is preferred.

B. Prior Work Experience (20 points)

A minimum of seven years of development experience related to rule of law, anti-corruption, and/or governance related development projects. Demonstrated experience in international assistance programming is required. Demonstrated experience managing justice sector reform/ with rule of law programming is required (court reform, capacity building for judiciary or prosecutors’ offices, etc. is required. Overseas experience is required.

C. Language Proficiency: (10 points)

Level IV (Fluent) level speaking/reading and writing English is required. A working knowledge of French or

Haitian Creole is preferred.

D. Technical Knowledge: (40 points)

The Technical Advisor must be an expert who has in depth knowledge of judicial reform issues and methods to reduce the incidence and prevalence of prolonged pretrial detention. S/he must be able to synthesize a wide range of qualitative and quantitative data from inside and outside of Haiti, especially in Haiti’s justice system, to implement, assess, and improve USAID’s rule of law programs. The incumbent must apply his/ her prior knowledge to obtain limited information, assess government of Haiti stakeholders, and use this information to develop, and/ or approve/disapprove recommendations from contractors and/or grantees related to rule of law programs. S/he must have experience working on related justice projects domestically or internationally, and must understand best practices related to justice, law enforcement and social services-related interventions to reduce pre-trial detention and improve justice systems. S/he must have the ability to work as a member of a team in a culturally diverse environment. The incumbent must be able to work diplomatically and effectively under pressure, with the ability to multitask in the performance of daily activities and responsibilities is required. Strong communication abilities (written and verbal) and interpersonal skills are required. The ability to synthesize information from different sources and compile it in short, easy to read documents for policymakers is required. Professional level proficiency in business applications for word processing, spreadsheets, and other standard office software is required. The ability to organize and analyze data/information, and independently author memos, reports, program summaries, factsheets, and scopes of work is required. Proficiency in delivering concise presentations on rule of law issues is preferred. Thorough knowledge of monitoring and evaluation techniques to measure justice programming effectiveness is preferred.

E. Skills and Abilities (20 points)

The ability to work as a member of a team in a culturally diverse environment is required. The incumbent must be able to work diplomatically and effectively under pressure, with the ability to multitask in the performance of daily activities and responsibilities is required. Strong communication abilities (written and verbal) and interpersonal skills are required. The ability to synthesize information from different sources and compile it in short, easy to read documents for policymakers is required. Ability to define desired programmatic results, select and measure performance against program indicators for justice and anti-corruption. Professional level proficiency in business applications for word processing, spreadsheets, and other standard office software is required. The ability to organize and analyze data/information, and independently author memos, reports, program summaries, fact-sheets, and scopes of work is required.

Proficiency in delivering concise presentations on technical subject matters. Applicants for this position must show the ability to:

- Plan, prioritize, and coordinate a broad and politically sensitive range of programs designed to meet stated objectives which may change depending on the political climate.

- Anticipate and adapt to changing political circumstances.

- Provide up to date, technically sound advice and counsel to USG policymakers and technical staff on program developments in the justice and anti-corruption field.

- Manage program resources cost effectively and in accordance with established regulations.

- Provide technical and policy leadership in the justice and anti-corruption sectors (including the

GOH, donors, and NGOs).

F. Satisfactory Professional Reference Checks: Pass/Fail (no points assigned)

Total Possible Point -100

Hiring Preference

In order of preference, U.S. Citizens (including permanent legal residents) offers will be evaluated first and only when it is determined that there is no qualified U.S. Citizens (including permanent legal residents) that offers from Third Country Nationals will be considered. References 309.3.1.10 and 309.3.1.4.

IV. SELECTION PROCESS

- Applicants will be initially screened based on the extent to which the individual meets the minimum qualifications above in Section II.

- A Technical Evaluation Committee (TEC) will review and evaluate the applications that meet the minimum requirements and will create a ranking of the most highly rated and technically qualified applicants based on the selection/evaluation criteria outlined under Section III.

- The TEC may conduct interviews of the most highly rated applicants before making a selection recommendation to the Contracting Officer (CO). The interview may be one of the determining factors in the final selection, but an interview is not always necessary.

- Before a final candidate is selected the Human Resources Unit will perform professional reference checks and they will also be factored into the final selection. The offeror’s references must be able to provide substantive information about his/her past performance and abilities.

- Due to the volume of responses, individual acknowledgements regarding receipt of applications cannot be made. Only those applicants who are invited for an interview will be notified regarding the status of their applications.

V. SUBMITTING AN OFFER

1. Eligible offerors are required to complete and submit the Form AID 309-2 Offeror Information for

Personal Services Contracting (PSC) with Individuals

2. Offers must be received by the closing date and time specified in Section I, item 3, and submitted to the Point of Contact in Section I. (usaidhaitihr@usaid.gov)

3. Offeror must submit all required documents and clearly reference the Solicitation number on all submitted documents. Incomplete offer packages may be eliminated from further consideration. Only

Offerors who meet the minimum requirements may be contacted.

4. Offerors must submit ALL of the following documents:

- A signed Form AID 309-2 Offeror Information for Personal Services Contracting (PSC)

- Current curriculum vitae (CV) or resume.

- A cover letter or Summary Statement Addressing the evaluation factors This Summary

Statement, limited to two (2) pages, must describe specifically and accurately what experience, training, education, and/or awards the applicant has received that are relevant to each selection factor.

The Summary Statement must include the name of the applicant and the announcement number at the top of each page.

- Relevant educational certificates (bachelor, master’s degree, etc.)

- List of a minimum of three (3) professional references with accurate telephone and e-mail information

5. Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors - The Offeror will be required to show proof that the Offeror 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

VI. LIST OF REQUIRED FORMS PRIOR TO AWARD

Once the Contracting Officer (CO) informs the successful candidate about being selected for a contract award, the CO will provide the successful candidate instructions about how to complete and submit the necessary forms for security and medical certifications.

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

Forms outlined below can found at: http://www.usaid.gov/forms/

1. Offeror Information for Personal Services Contracts with Individuals (AID 309-2);

2. Contractor Physical Examination (AID Form 1420-62); *

3. Questionnaire for Sensitive Positions (for National Security) (SF-86); * or

4. Questionnaire for Non-Sensitive Positions (SF-85); *

5. Finger Print Card (FD-258). *

* Forms 2 through 5 shall be completed only upon the advice of the Contracting Officer that an applicant is the https://www.usaid.gov/documents/offeror-information-personal-services-contracts-individuals-aid-309-2 https://www.usaid.gov/documents/offeror-information-personal-services-contracts-individuals-aid-309-2 https://www.usaid.gov/documents/offeror-information-personal-services-contracts-individuals-aid-309-2 http://www.usaid.gov/forms/ successful candidate for the job.

VI. BENEFITS AND ALLOWANCES

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

1. BENEFITS:

(a) Employer's FICA Contribution

(b) Contribution toward Health & Life Insurance

(c) Pay Comparability Adjustment

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

(e) Eligibility for Worker's Compensation

(f) Annual and Sick Leave

*Note: A US citizen’s salary will be subject to employee’s FICA and Medicare contribution.

2. ALLOWANCES:

Section numbers refer to rules from the Department of State Standardized

Regulations (Government Civilians Foreign Areas), available at https://aoprals.state.gov/content.asp?content_id=282&menu_id=101

(a) Temporary Quarter Subsistence Allowance (Section 120)

(b) Living Quarters Allowance (Section 130)

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

(d) Post Allowance (Section 220)

(e) Separate Maintenance Allowance (Section 260)

(f) Education Allowance (Section 270)

(g) Education Travel (Section 280)

(h) Post Differential (Chapter 500)

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

(j) Danger Pay Allowance (Section 650)]

TCNs do not receive identical allowances as USPSCs. However, subject to Mission Director approval, TCNs may receive specific allowances under AIDAR Appendix J sec. 4(c)(2)(ii) and many allowances from

AIDAR Appendix D that are on par with other offshore hires.

VII. TAXES

USPSCs are required to pay Federal income taxes, FICA, Medicare and applicable State Income taxes.

Please note that all US citizens and legal permanent residents/green card holders are required to pay US taxes, which will be deducted through payroll.

http://aoprals.state.gov/content.asp?content_id=231&menu_id=92 https://aoprals.state.gov/content.asp?content_id=282&menu_id=101

VIII. USAID REGULATIONS, POLICIES AND CONTRACT CLAUSES PERTAINING TO PSCs

USAID regulations and policies governing USPSC awards are available at these sources:

1. USAID Acquisition Regulation (AIDAR), Appendix D, “Direct USAID Contracts With a U.S. Citizen or a U.S. Resident Alien for Personal Services Abroad,” including contract clause “General

Provisions,” available at https://www.usaid.gov/sites/default/files/documents/1868/aidar_0.pdf

2. ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR

FEDERALCONTRACTORS (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.

(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.

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

LINE ITEMS

ITEM NO

(A)

SUPPLIES/SERVICES (DESCRIPTION)

(B)

QUANTIT

Y

(C)

UNI

T

(D)

UNIT

PRICE

(E)

AMOUNT

(F)

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

- Award Type: Cost

- Product Service Code: R497

- Accounting Info: TBD

2 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: R497

- Accounting Info: TBD

1 LOT $ _TBD__ $_TBD at Award after negotiations with Contractor_ https://www.usaid.gov/sites/default/files/documents/1868/aidar_0.pdf https://www.usaid.gov/forms

2001 Option Period 2 – Compensation, Fringe

Benefits and Other Direct Costs (ODCs)

- Award Type: Cost

- Product Service Code: R497

- Accounting Info: TBD

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: R497

- Accounting Info: TBD

1 LOT $ _TBD__ $_TBD at Award after negotiations with Contractor_

4. Acquisition & Assistance Policy Directives/Contract Information Bulletins (AAPDs/CIBs) for Personal

Services Contracts with Individuals available at http://www.usaid.gov/work-usaid/aapds-cibs

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 http://www.usaid.gov/work-usaid/aapds-cibs https://www.oge.gov/web/oge.nsf/OGE%20Regulations