Sol_720620222R00006 - USPSC Senior Legal Advisor -GS 15.docx

Senior Legal Advisor 72062022R00006

SOLICITATION NUMBER: 72062022R00006

ISSUANCE DATE: March 1, 2022

SUBJECT: Solicitation for U.S. Personal Service Contractor (USPSC) Senior Legal Advisor (Short Term) - USAID/Nigeria

Dear Prospective Offerors:

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

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

This solicitation in no way obligates USAID to award a 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 Contract specified in the attached information.

Sincerely, Janine Scott Contracting Officer

ATTACHMENT 1

I. GENERAL INFORMATION

1. SOLICITATION NUMBER: 72062022R00006

2. ISSUANCE DATE: March 1, 2022

3. CLOSING DATE AND TIME FOR RECEIPT OF OFFERS: March 31, 2022 (4:30pm Nigeria time)

4. POINT OF CONTACT: Clementina Edereka, e-mail at Abujahr@usaid.gov

5. POSITION TITLE: Senior Legal Advisor

7. PERIOD OF PERFORMANCE: Six (6) months period, estimated to start o/a May 2022.

8. PLACE OF PERFORMANCE: USAID/Nigeria, Abuja, Federal Republic of Nigeria with possible travel as stated in the Statement of duties.

9. ELIGIBLE OFFERORS: Open to U.S. Citizens (including lawful permanent U.S. residents).

10. SECURITY LEVEL REQUIRED: Secret Clearance Level.

11. STATEMENT OF DUTIES:

1. General Statement of Purpose of the Contract:

The Senior Legal Advisor will provide support and advice to the Mission regarding legal and policy issues related to programming USAID funds including assisting with legal aspects of project approval processes, project checklists and the legal sufficiency of program documents. In this position, the incumbent must exercise an extremely high level of independent judgment and decision-making, as well as the ability to review and provide guidance on complex and sometimes contentious issues in a skilled, diplomatic, experienced, and knowledgeable manner. Incumbent is also expected to work with a wide variety of Mission staff, including technical and support staff and senior management, as well as senior-level Embassy staff, government representatives, and implementing partners, as necessary.

2. Statement of Duties to be Performed:

Specific duties and responsibilities include, but are not limited to:

a. Provide guidance and direction to Mission technical offices entailing complex legal and policy issues for the design, implementation and documentation for new projects and activities across all technical sectors, including but not limited to peace and governance, health, economic growth, and education.

b. Provide broad legal support to support offices in such areas as reviewing and sufficiently documenting necessary procurement extensions, legal justifications, waivers, financial transactions, human resource actions when applicable, and other issues.

c. Conduct special training for Mission staff as requested on relevant legal or ethics issues using real life examples on topics such as ethics, conflicts of interest, appropriations law, unauthorized commitments, etc.

d. Assist with interpretation, promulgation and, if necessary, revisions to key mission orders, streamlining efforts and other Mission documentation as needed.

e. Provide full authority coverage for the Resident Legal Officer until a Foreign Service Officer is assigned.

f. Carry out other legal or policy tasks as assigned by the Mission Director or his designee.

Additional Characteristics of Position

Degree of responsibility for decision-making assigned to the position: This position requires a high degree of autonomy. The incumbent will plan his/her own work and must prioritize and adjust daily based on changing conditions and needs of the Mission. S/he assists others in assessing legal and policy needs, timeframes and required documentation for Mission projects.

Level of complexity of work assignments: The work assignments for this position include highly complex tasks and problems with considerable variation. The incumbent will be required to work on sensitive procurement and policy issues relating to Mission programming and operations.

Complexity of the work environment/effect on the position’s responsibilities: The work environment is highly complex related to the different requirements of Mission and inter-agency funding streams and initiatives (e.g., Resilience, Democracy, Governance, and Human Rights, Education, PEPFAR, etc.), different technical and support office needs and pressures within the Mission and Washington-driven timelines.

Level of Contacts: The position requires contacts within and outside the organization, such as with a wide variety of Mission staff, including technical and support staff and senior management, as well as senior Embassy staff, host country government representatives, and implementing partners, as necessary.

Purpose of contacts: Provide legal advice, policy guidance, and direction.

Available Guidelines: As per agency rules and regulations. No access to classified information will be required.

3. USAID Consultation or Orientation (if applicable): The selected candidate will be required to complete the one-week mandatory Foreign Affairs Counter Threat (FACT) course prior to proceeding to USAID/Nigeria. FACT is a mandatory course for service in Nigeria.

4. Supervisory Relationship: This position has no direct supervision but exercises a key senior role as provider of legal advice and policy guidance. As Senior Legal Advisor, s/he has a limited authority role in guiding others to assess legal and policy needs, timeframes, and required documentation for Mission projects.

5. Supervision Controls: The Senior Legal Advisor will be directly supervised by the Mission Director or designee. Assignment specifics will be discussed collaboratively with the supervisor, but the incumbent will complete duties autonomously.

12. PHYSICAL DEMANDS: The work requested does not pose undue physical demands.

II. MINIMUM QUALIFICATIONS REQUIRED FOR THIS POSITION

1. Education: JD (Juris Doctor).

2. Prior work Experience: At least ten years of legal experience with a minimum of 5 years U.S. Government legal and policy requirements and proven interpersonal and customer-service skills.

3. Knowledge: Knowledge of relevant laws and regulations for all aspects of U.S, Government programs and operations, including ability to advise on transactions and projects involving bilateral and multilateral agreements, memoranda of understanding, and other instruments as well as issues of local tax and customs, claims, ethics, and other internal operations and program issues.

4. Skills and Abilities: Excellent oral and written communications skills are required. Ability to review issues and apply thoughtful legal analysis on a wide range of legal and policy matters such as project design and implementation, contracting and grant-making, public international law, investment and credit activities, and personnel and ethics matters is required.

5. Communication and Language Skills: Level IV English (fluent) Fluent English speaking, reading, and writing proficiency is required.

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.

EVALUATION FACTORS

Applicants who clearly meet the minimum Education and Prior work Experience requirements and basic eligibility requirements will be further evaluated based on scoring of the Evaluation Factors listed below. The highest-ranking applicants may be selected for an interview.

FACTOR #1:

Prior work Experience: At least ten years of legal experience with a minimum of 5 years U.S. Government legal and policy requirements and proven interpersonal and customer-service skills.

FACTOR #2:

Knowledge: Knowledge of relevant laws and regulations for all aspects of U.S, Government programs and operations, including ability to advise on transactions and projects involving bilateral and multilateral agreements, memoranda of understanding, and other instruments as well as issues of local tax and customs, claims, ethics, and other internal operations and program issues.

FACTOR #3:

Skills and Abilities: Excellent oral and written communications skills are required. Ability to review issues and apply thoughtful legal analysis on a wide range of legal and policy matters such as project design and implementation, contracting and grant-making, public international law, investment and credit activities, and personnel and ethics matters is required.

Evaluation Factors:

Factor #1: Prior Work Experience (As stated above) - 40 points Factor #2: Knowledge (As stated above) - 40 points Factor #3: Skills and Abilities (As stated above) - 20 points

Total Possible Points: 100 points

SELECTION PROCESS

(1) After the closing date for the receipt of applications, applications will initially be screened for conformity with minimum requirements and a short list of applicants developed.

(2) Following this initial review and short listing, a Technical Evaluation Committee (TEC) will convene to review applications that meet the minimum requirements and evaluate them in accordance with the evaluation factors. Applications from candidates which do not meet the minimum requirements will not be scored. As part of the selection process, finalist candidates will be interviewed. Those applications from qualified applicants meeting the required minimum qualifications will be assessed based on the evaluation factors. Only shortlisted applicants will be contacted. No response will be sent to unsuccessful applicants.

(3) USAID reserves the right to interview only the highest ranked applicants in person or by phone OR not to interview any candidate.

(4) Reference checks will be made only for applicants considered as finalists. The applicant’s references must be able to provide substantive information about his/her past performance and abilities. If an applicant does not wish USAID to contact a current employer for a reference check, this should be stated in the applicant’s cover letter, USAID will delay such reference checks pending the applicant’s concurrence.

IV. SUBMITTING AN OFFER

For your application to be considered, the following documents must be submitted:

1. Eligible offerors are required to complete and submit the offer form AID 309-2, “Offeror Information for Personal Services Contracts with Individuals,” available at https://www.usaid.gov/forms.

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.

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

4. A type-written and signed cover letter of no more than two (2) pages specifically applying for this position and addressing the minimum requirements and evaluation factors of the position.

5. A current Curriculum Vitae (CV) or Resume which, at a minimum, describes education, latest experience, and career achievements.

6. Offers must provide a minimum of three (3) and a maximum of five (5) references within the last five years from the offeror’s professional life, namely individuals who are not family members or relatives. Three (3) references must be from direct supervisors who can provide information regarding the applicant’s work knowledge and professional experience. Applicants must provide e-mail addresses and/or working telephone numbers for all references.

7. Hard copies of diploma, certificates and relevant degrees may be included to corroborate the CV/Resume. The CV/resume must contain sufficient relevant information to evaluate the Offers in accordance with the stated evaluation criteria. Broad general statements that are vague or lacking specificity will not be considered as effectively addressing selection criteria. Complete dates (month/year) are also required on CV.

8. Please submit attachments in PDF and Word formats. Application packages must be submitted electronically to Abujahr@usaid.gov

9. 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.

V. LIST OF REQUIRED FORMS PRIOR TO AWARD

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

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

*The above listed forms (2 through 5) shall only be completed upon the advice of the Contracting Officer that an applicant is the successful candidate for the job.

VI. BENEFITS AND ALLOWANCES

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

1. BENEFITS: (If applicable):

(a) Employer's FICA contribution

(b) Contribution toward Health & Life Insurance

(c) Pay Comparability Adjustment

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

(e) Eligibility for Worker’s Compensation

(f) Annual and Sick Leave

2. ALLOWANCES: (If applicable):

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 Lodging Allowance (Section 120)

(b) Cost of Living Allowance (Chapter 210)

(c) Post Allowance (Section 220)

(d) Post Differential (Chapter 500)

(e) Separate Maintenance Allowance (Section 260)

(f) Education Allowance (Section 270)

(g) Educational Travel (Section 280)

(h) Payments during Evacuation/Authorized Departure (Section 600)

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 PSC 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, and Appendix J, “Direct USAID Contracts With a Cooperating Country National and with a Third Country National 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 FEDERAL CONTRACTORS (OCT 2021)-Alternate 70 (OCT 2021) (M/OAA-DEV-FAR-22-01c)

(a) Definition. As used in this clause - United States or its outlying areas means—

(1) The fifty States;

(2) The District of Columbia;

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

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

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

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

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

(End of clause)

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

- Award Type: PSC

- Product Service Code: R497

- Accounting Info: TBD

4. Acquisition and Assistance Policy Directives/Contract Information Bulletins (AAPDs/CIBs) for Personal Services Contracts with Individuals available at http://www.usaid.gov/work-usaid/aapds-cibs

5. Ethical Conduct. By the acceptance of a USAID personal services contract as an

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]

U.S. Agency for International Development 1075 Diplomatic Drive Central Business District, P.M.B. 519, Garki, Abuja.

Tel: +234-9-4614000 Fax +234-9-4619400 www.usaid.gov/ng image1.png