SOL for AssessmentAnalytics and Coordination Advisor 720BHA23R00013 CO signed.pdf

SOLICITATION NUMBER: 720BHA23R00013

ISSUANCE DATE: February 21, 2023 CLOSING DATE AND TIME: March 15, 2024, 12:00 P.M. Eastern Time

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

Dear Prospective Offerors:

The United States Government (USG), 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 stated evaluation criteria. USAID encourages all individuals, including those from disadvantaged and under-represented groups, to respond to the solicitation.

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

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

Sincerely, Joy Burriss Contracting Officer

U.S. Agency for International Development 1300 Pennsylvania Avenue, NW Washington, DC 20523 www.usaid.gov

720BHA23R00013

ATTACHMENT 1

I. GENERAL INFORMATION

1. SOLICITATION NO.: 720BHA23R00013

2. ISSUANCE DATE: February 21, 2023

3. CLOSING DATE AND TIME FOR RECEIPT OF OFFERS: March 15, 2024, 12:00 P.M.

Eastern Time

This solicitation is open and continuous until March 15, 2024. The following are the closing dates for each review period:

March 24, 2023, 12:00 P.M. Eastern Time July 21, 2023, 12:00 P.M. Eastern Time November 17, 2023, 12:00 P.M. Eastern Time March 15, 2024, 12:00 P.M. Eastern Time

Offerors not selected during a previous review period must reapply in order to be considered for positions available in subsequent review periods. A review period may be canceled at Contracting Officer’s discretion.

4. POINT OF CONTACT: TPQ Recruitment Team, BHA.TPQRecruitment@usaid.gov

5. POSITION TITLE: Assessment, Analytics and Coordination Advisor (Multiple Positions)

6. MARKET VALUE: Depending on the qualifications of the offeror, this position can be filled at either the GS-11 ($78,592 - $102,166) or GS-13 ($112,015 - $145,617 equivalent level, including locality pay.

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

Offerors who meet the minimum qualifications for a GS-11 will be considered for the GS-11 level positions. Offerors who meet the minimum qualifications for a GS-13 will be considered for the GS-13 level only.

Salaries over and above the top of the pay range will not be entertained or negotiated.

If the position is for a Washington based PSC, offerors who live outside the Washington, D.C.

area will be considered for employment, but no relocation expenses will be reimbursed.

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7. PLACE OF PERFORMANCE: USAID/Washington

8. PERIOD OF PERFORMANCE: Five (5) years, tentatively 145 day estimated start date from closing

9. ELIGIBLE OFFERORS: U.S. Citizens Only

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

11. STATEMENT OF DUTIES

GENERAL STATEMENT OF PURPOSE OF THE CONTRACT

The Bureau for Humanitarian Assistance (BHA) requires the services of an Assessment, Analytics and Coordination Advisor to meet its objectives to improve the quality of humanitarian response strategies at BHA, and in the humanitarian community, through the application of data, analytics, assessment and coordination methods and procedures to support key humanitarian decisions. BHA seeks an experienced professional driven to achieve organization and system-wide improvements through consistent guidance, capacity building, and direct response support.

STATEMENT OF DUTIES TO BE PERFORMED

At the GS-11 equivalent level:

BHA Internal Technical Advising

● Assist in coordinating and delivering technical advising services, in coordination with other Disaster Data, Assessments, and Information Management (DDAIM) advisors, to BHA geographic teams in an assigned portfolio of BHA priority countries, as well as to other headquarters (HQ) teams.

● Assist in advising BHA field and HQ teams, in coordination with other DDAIM advisors, on their investment in data, information management, coordination, and technology projects related to DDAIM’s areas of responsibility to improve the strategic nature of these portfolios.

● Conduct a technical review, in coordination with other DDAIM advisors, of proposals related to DDAIM areas of responsibility for the assigned geographic portfolio.

● Advise on the use of needs assessment and other data assets.

● Discover and document data decision support requirements from BHA field and HQ teams and serve as a subject matter expert for developers building dashboards and other decision support tools to meet documented requirements.

● Promote BHA and DDAIM policy objectives through engagement with field teams.

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● Travel to the field, sometimes at short notice and for extended periods of time, to advise regional and country teams on DDAIM areas of responsibility (example needs assessment, humanitarian data, humanitarian digital programing, etc.).

● Ensure a client centered approach to the implementation of DDAIM advising services.

DDAIM Programming Activity Manager

● Assist in serving as the activity manager for a portfolio of DDAIM-funded global projects. This includes supporting communicating with partners, monitoring activities throughout the award lifecycle, planning budget allocations and providing technical review of proposals and reports.

● Coordinate closely with the Agreement Officer’s Representative (AOR), Agreement Officer (AO) and other program staff to ensure DDAIM programming is compliant and well planned and implemented.

● Support the drafting and coordination of DDAIM competitive award making processes.

● Serve on Technical Evaluation Committees for BHA competitive award making process.

● Support in identifying new areas, relationships, or potential programs for BHA investment to improve humanitarian response.

● Support the annual budget planning processes.

Guidance and Capacity Building

● Contribute to the design of BHA policy, guidance and training related to DDAIM areas of responsibility.

● Contribute to the creation of templates, guides, job aides, and check lists to assist BHA staff and partners in adopting modern ways of working with assessments, data, and technology.

● Track the implementation of new policies and guidance to ensure that BHA has integrated them into international humanitarian disaster response.

● Increase the capacity of BHA staff to understand assessment, data, and analytics principles and best practices through training and related activities.

● Support delivering portions of DDAIM sponsored training and contribute to the periodic revision of DDAIM sponsored training curriculum.

● Contribute to DDAIM team strategies, communication material and procedural documentation.

● Support the strategic introduction of assessment, data, and analytics into BHA’s response systems, policies, practices, and culture.

Humanitarian Support

● Remain abreast of latest industry trends related to DDAIM’s areas of responsibility.

● May serve as needed on Washington-based Response Management Teams (RMTs), which provide services and support to Disaster Assistance Response Teams (DARTs) deployed in response to disasters. The duties on RMTs will vary.

● As needed, serve on DARTs which may require immediate (within 24 hours) deployment overseas for an extended period of time. During deployment on DARTs (if required), and during site visits, there may be some additional physical exertion including long periods of standing, walking over rough terrain, or carrying of moderately heavy items

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(less than 50 pounds). Work is primarily performed in an office setting. During deployment on DARTs (if required), and during site visits, the work may additionally involve special safety and/or security precautions, wearing of protective equipment, and exposure to severe weather conditions.

● May serve as needed on temporary detail within the Bureau to meet operational needs during staff shortages. Duties performed while on detail will be aligned with the Team’s existing duties and responsibilities and will be directly related to the scope of work provided.

● Become certified and serve as an Agreement Officer’s Representative/Contracting Officer’s Representative (AOR/COR), as assigned. The AOR/COR provides financial and programmatic oversight of all aspects of managing the agreement or contract; this includes but is not limited to reviewing invoices, requests for approvals, program/project deliverables (i.e. work plans, annual reports, month status reports), travel requests, key personnel requests, and financial/budget reports. They are responsible for drafting and submitting the annual contractor performance evaluation in the Contract/Assistance Performance Assessment Review System (CPARS/APARS). They prepare and review contract/assistance modifications documentation and assist the Contracting/Agreement Officer to ensure performance is compliant with the terms and conditions of the contract/agreement, the FAR, and USAID policy. AOR/CORs are responsible for all related requirements in the COR designation letter and the AOR designation letter.

● Consistently model behaviors that demonstrate a commitment to fostering a non-hostile work environment free of discrimination, bias, unfairness, exclusion, offensive behaviors and harassment of any kind.

● Actively participate in diversity and harassment training opportunities, discussion sessions or focus group discussions, and workforce diversity initiatives/activities focused on helping to improve the organizational culture.

● Demonstrate consistent accountability for adherence to and knowledge of laws, executive orders, and USAID’s policies which prohibit Equal Employment Opportunity (EEO) and non-EEO infringements as well as the Agency’s zero tolerance for sexual misconduct, including harassment, exploitation, and abuse of any kind. Understand reporting criteria and report up in a timely manner.

● Ensure that conduct is not inappropriate or offensive to others by responsibly and intentionally creating a culture of civility and respect whereby both managers and employees are expected to behave professionally at all times.

● Hold self and others accountable for adhering to a zero-tolerance policy for harassment of any form, bullying or any other prohibited behaviors and report objectionable conduct.

● Assists staff in understanding the value of differing perspectives, cultural norms, and gender in the work environment.

● In times of emergency humanitarian assistance, the PSC will serve on temporary details within the bureau. Duties performed while on detail will correspond to the level and market value for the position and the work specified to be performed in the Statement of Duties.

At the GS-13 equivalent level:

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The USPSC will perform the following in addition to the duties and responsibilities outlined above at a GS-11 level:

BHA Internal Technical Advising

● Lead the development and delivery of technical advising services to BHA geographic teams in an assigned portfolio of BHA priority counties, as well as to other HQ teams.

● Lead the development of DDAIM methods, tools and approaches to advise BHA field and HQ teams on their investment in data, information management, coordination and technology projects related to DDAIM’s areas of responsibility.

● Conduct a technical review of proposals related to DDAIM areas of responsibility for the assigned geographic portfolio and contribute to team learning resources to document common issues and approaches.

● The Assessment, Analytics and Coordination Advisor does not have supervisory responsibilities; however, the PSC may serve in an acting leadership role within the bureau in order to meet short-term staffing needs, not to exceed 120 days in a 12-month contract year.

DDAIM Programming Activity Manager

● Serve as the activity manager for a portfolio of DDAIM-funded global projects. This includes supporting communicating with partners, monitoring activities throughout the award lifecycle, planning budget allocations and providing technical review of proposals and reports.

● Draft and contribute to the coordination of DDAIM competitive award making processes.

● Chair or Serve on Technical Evaluation Committees for BHA competitive award making process.

● Lead or contribute to the coordination of DDAIM competitive award making processes.

● Lead in identifying new areas, relationships, or potential programs for BHA investment to improve humanitarian response.

● Contribute to designing the team’s approach to the annual budget planning processes.

Guidance and Capacity Building

● Deliver portions of DDAIM sponsored training and lead the periodic revision of

DDAIM sponsored training curriculum.

● Draft DDAIM team strategies, communication material and procedural documentation.

Humanitarian Support

● Represent BHA on DDAIM technical issues in external engagement with inter-agency partners, United Nations agencies and International Nongovernmental organizations

● Remain abreast of latest industry trends related to DDAIM’s areas of responsibility, contribute to knowledge sharing across the team, and serve as an expert on the subject matter.

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SUPERVISORY RELATIONSHIP:

The USPSC will take direction from the DDAIM Team Lead or their designee.

SUPERVISORY CONTROLS:

For the GS-11 equivalent level: Supervisor sets overall objectives and resources available and works with the USPSC to develop deadlines, work to be done, and methodology. The USPSC is responsible for carrying out assignments and consults with the supervisor for policy interpretations.

For GS-13 equivalent levels: Supervisor sets overall objectives and resources available; the USPSC consults with the supervisor to develop deadlines, projects, and work to be done. The USPSC is responsible for planning and carrying out assignments. The USPSC is responsible for planning approaches or methodology to be used in carrying out assignments.

12. PHYSICAL DEMANDS

The work requested does not involve undue physical demands.

II. MINIMUM QUALIFICATIONS REQUIRED FOR THIS POSITION

EDUCATION/EXPERIENCE REQUIRED FOR THIS POSITION

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

At the GS-11 Level

High School Diploma and at least seven (7) years of working experience. Such experience must include designing, managing, advising, or evaluating a humanitarian program in a humanitarian assistance or development context. Offeror must also have experience directly related to assessment, analytics, or data. Experience must include overseas work.

OR

Bachelor’s degree with significant study in international relations or humanitarian assistance or political science or food security or disaster management or other related fields and a minimum of three (3) years of work experience. Such experience must include designing, managing, advising, or evaluating a humanitarian program in a humanitarian assistance or development context. Offeror must also have experience directly related to assessment, analytics, or data. a.

Experience must include at least one (1) year of overseas work.

OR

Master’s Degree with significant study in international relations or humanitarian assistance or political science or food security or disaster management or other related fields and a minimum of two (2) years of work experience. Such experience must include designing, managing, advising, or evaluating a humanitarian program in a humanitarian assistance or development

7 | Page context. Offeror must also have experience directly related to assessment, analytics, or data. a.

Experience must include at least one (1) year of overseas work.

At the GS-13 Level

High School Diploma and at least eleven (11) years of working experience. Such experience must include designing, managing, advising, or evaluating a humanitarian program in a humanitarian assistance or development context. Offeror must include at least two (2) years experience directly related to assessment, analytics, or data. Experience must include at least one

(1) year of overseas work.

OR

Bachelor’s degree with significant study in international relations or humanitarian assistance or political science or food security or disaster management or other related fields and a minimum of seven (7) years of work experience. Such experience must include designing, managing, advising, or evaluating a humanitarian program in a humanitarian assistance or development context. Offeror must include at least two (2) years experience directly related to assessment, analytics, or data. Experience must include at least one (1) year of overseas work.

OR

Master’s Degree with significant study in international relations or humanitarian assistance or political science or food security or disaster management or related fields and a minimum of five

(5) years of work experience. Such experience must include designing, managing, advising, or evaluating a humanitarian program in a humanitarian assistance or development context. Offeror must include at least two (2) years experience directly related to assessment, analytics, or data.

Experience must include at least one (1) year of overseas work.

III. EVALUATION AND SELECTION FACTORS

The Government may award a contract without discussions with offerors in accordance with FAR 52.215-1. The CO reserves the right at any point in the evaluation process to establish a competitive range of offerors with whom negotiations will be conducted pursuant to FAR 15.306(c). In accordance with FAR 52.215-1, if the CO determines that the number of offers that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the CO may limit the number of offerors in the competitive range to the greatest number that will permit an efficient competition among the most highly rated offers. FAR provisions of this solicitation are available at https://www.acquisition.gov/browse/index/far.

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

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SELECTION FACTORS

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

● Offeror is a U.S. Citizen.

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

● USPSC Offeror form AID 309-2. Offerors are required to complete sections A through I.

This form must be physically signed. Electronic signatures may be accepted.

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

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

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

● Satisfactory verification of academic credentials.

OFFEROR RATING SYSTEM

The offeror rating system factors are used to determine the competitive ranking of qualified offerors in comparison to other offerors. Offerors must demonstrate the rating factors outlined below within their resume, as they are evaluated strictly by the information provided. The evaluation of writing tests will also take into consideration the quality of written responses.

Aspects of written responses including, but not limited to typos, grammatical errors, spelling errors, and incomplete sentences will be factored into the evaluation process. The rating factors are as follows:

MATRIX (GS-11 level) (30 points)

Professional Experience (10 points)

● Experience providing technical expertise to stakeholders on issues related to humanitarian needs assessment or data and analytics or technology. (4 points)

● Experience designing or implementing either of the following: data or information management solutions. (3 points)

● Experience designing and implementing humanitarian needs assessments. (3 points)

Skills and Abilities (10 points)

● Experience contributing to the design or delivery of training related to humanitarian needs assessments or data and analytics for a workplace audience. (3 points)

● Experience using a client focused service delivery model to deliver value to an organization. (3 points)

● Experience contributing to the design and implementation of data related procedures or routines. (2 points)

● Experience contributing to the assessment of data quality. (2 points)

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Representational Experience (10 points)

● Experience facilitating discussions with multiple stakeholders. (3 points)

● Experience coordinating work across stakeholders with diverse nationalities or cultural backgrounds. (4 points)

● Experience engaging with mid-level stakeholders such as mid-level U.S. Government

(USG) stakeholders. (3 points)

MATRIX (GS-13 level) (30 points)

Professional Experience (10 points)

● At least two years of experience providing technical expertise to stakeholders on issues related to humanitarian needs assessment or data and analytics and technology. (4 points)

● At least two years of experience designing or implementing either of the following: data or information management solutions. (3 points)

● At least two years of experience designing and implementing humanitarian needs assessments. (3 points)

Skills and Abilities (10 points)

● Experience contributing to the design and delivery of training related to humanitarian needs assessments or data and analytics for a workplace audience. (3 points)

● Experience using a client focused service delivery model to deliver value to an organization. (3 points)

● Experience establishing data related procedures or routines. (2 points)

● Experience assessing data quality. (2 points)

Representational/Leading Experience (10 points)

● Two years’ experience leading teams or coordinating the work of others. (4 points)

● Two years’ experience coordinating work across stakeholders with diverse nationalities or cultural backgrounds. (3 points)

● Representational experience engaging with senior stakeholders such as senior U.S.

Government USG stakeholders. (3 points)

Timed Writing Test (20 points)

Interview Performance (40 points)

Satisfactory Professional Reference Checks (10 points)

Total Possible Points: 100

BASIS OF RATING: Offerors who meet the Education/Experience requirements and Selection Factors will be further evaluated in accordance with the Offeror Rating System. Those offerors

10 | Page determined to be competitively ranked may also be evaluated on interview performance and satisfactory professional reference checks.

Offerors are required to address each factor of the Offeror Rating System in their resume, describing specifically and accurately what experience, training, education and/or awards they have received as it pertains to each factor. Be sure to include your name and the announcement number at the top of each additional page. Failure to address the selection factors and/or Offeror Rating System factors may result in not receiving credit for all pertinent experience, education, training and/or awards.

The most qualified offerors may be interviewed and required to provide a writing sample. BHA will not pay for any expenses associated with the interviews. Professional references and academic credentials will be evaluated for offerors being considered for selection.

Note: Please be advised that references may be obtained independently from other sources in addition to the ones provided by an offeror. BHA reserves the right to select additional offerors if vacancies become available during the future phase of the selection process.

IV. SUBMITTING AN OFFER

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

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. Complete resume. In order to fully evaluate your offer, your resume must include:

(a) Offerors must notate on their resume what GS level equivalent is being applied for.

Applicants may list more than one GS level on their resume.

(b) Paid and non-paid experience, job title, location(s), dates held (month/year), and hours worked per week for each position. Dates (month/year) and locations for all field experience must also be detailed. Any experience that does not include dates (month/year), locations, and hours per week will not be counted towards meeting the solicitation requirements.

(c) Specific duties performed that fully detail the level and complexity of the work.

(d) Education and any other qualifications including job-related training courses, job-related skills, or job-related honors, awards or accomplishments. Failure to identify an academic discipline will result in disqualification.

(e) U.S. Citizenship

(f) Optional: How did you hear about this opportunity? (SAM.gov, BHA Jobs, Career Fair, etc.).

Your resume must contain sufficient information to make a valid determination that you fully meet the experience requirements as stated in this solicitation [for each grade level(s) for which you are applying]. This information must be clearly identified in your resume. Failure

11 | Page http://www.usaid.gov/forms to provide information sufficient to determine your qualifications for the position will result in loss of full consideration.

Additional documents submitted will not be accepted.

By submitting your offer materials, you certify that all of the information on and attached to the offer is true, correct, complete, and made in good faith. You agree to allow all information on and attached to the offer to be investigated. False or fraudulent information on or attached to your offer may result in you being eliminated from consideration for this position, or being terminated after award, and may be punishable by fine or imprisonment.

To ensure consideration of offers for the intended position, please reference the solicitation number on your offer, and as the subject line in any email.

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

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

6. NOTE: If the full security application package is not submitted within 30 days after the Office of Security determines eligibility, the offer may be rescinded. If a Secret security clearance is not obtained within nine months after offer acceptance, the offer may be rescinded. If Top Secret is required, and clearance is not obtained within nine months after award, USAID may terminate the contract at the convenience of the government. If Sensitive Compartmented Information (SCI) access is not obtained within nine months after Top Secret clearance is granted, USAID may terminate the contract at the convenience of the government.

7. NOTE: If the full medical clearance package is not submitted within two months after offer acceptance, the offer may be rescinded. If a Department of State medical clearance is not obtained; the offer may be rescinded.

8. NOTE REGARDING GOVERNMENT OBLIGATIONS FOR 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 offer.

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.

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Forms outlined below can be found at:

http://www.usaid.gov/forms/ or at http://www.forms.gov/bgfPortal/main.do

1. Resume.

2. USPSC Offeror Form (AID 309-2)

3. Medical History and Examination Form (DS-6561). **

4. Questionnaire for Sensitive Positions (for National Security) (SF-86), or **

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

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

7. Employment Eligibility Verification (I-9 Form). **

** Forms 3 through 7 shall be completed ONLY upon the advice of the Contracting Officer that an offeror is the 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) Leave and Holidays

2. ALLOWANCES

Section numbers refer to rules from the Department of State Standardized Regulations (Government Civilians Foreign Areas), available at https://aoprals.state.gov/content.asp?content_id=282&menu_id=101

(a) Temporary Lodging Allowance (Section 120).

(b) Living Quarters Allowance (Section 130).

(c) Post Allowance (Section 220).

(d) Supplemental Post Allowance (Section 230).

(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)

(j) Danger Pay. (Section 650)

VII. TAXES

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

VIII. USAID REGULATIONS, POLICIES AND CONTRACT CLAUSES PERTAINING

TO PSCs

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

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

https://www.usaid.gov/ads/policy/300/aidar

2. PART 52 - SOLICITATION PROVISIONS AND CONTRACT CLAUSES

Subpart 52.2 - Text of Provisions and Clauses

52.223-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL

CONTRACTORS, Alternate 70.

ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL

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

(a) Definition. As used in this clause -

United States or its outlying areas means—

(1) The fifty States;

(2) The District of Columbia;

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

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

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

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

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

(End of Clause)

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

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

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)

QUANTITY

(C)

UNIT

(D)

UNIT

PRICE

(E)

AMOUNT

(F)

0001 Base Year 1 - Compensation, Fringe Benefits and Other Direct Costs (ODCs)

- Award Type: Cost

- Product Service Code: 497

- Accounting Info: [Insert from Phoenix]

1 LOT $ _TBD $_TBD at Award after negotiations with Contractor

0002 Base Year 2 - Compensation, Fringe Benefits and Other Direct Costs (ODCs)

- Award Type: Cost

- Product Service Code: 497

- Accounting Info: [Insert from Phoenix]

1 LOT $ _TBD $_TBD at Award after negotiations with Contractor

0003 Base Year 3 - Compensation, Fringe Benefits and Other Direct Costs (ODCs)

- Award Type: Cost

- Product Service Code: 497

- Accounting Info: [Insert from Phoenix]

1 LOT $ _TBD $_TBD at Award after negotiations with Contractor

0004 Base Year 4 - Compensation, Fringe Benefits and Other Direct Costs (ODCs)

- Award Type: Cost

- Product Service Code: 497

- Accounting Info: [Insert from Phoenix]

1 LOT $ _TBD $_TBD at Award after negotiations with Contractor

0005 Base Year 5 - Compensation, Fringe Benefits and Other Direct Costs (ODCs)

- Award Type: Cost

- Product Service Code: 497

- Accounting Info: [Insert from Phoenix]

1 LOT $ _TBD $_TBD at Award after negotiations with Contractor

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4. Acquisition and Assistance Policy Directives/Contract Information Bulletins (AAPDs/CIBs) for Personal Services Contracts with Individuals available at:

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

AAPD 06-10 – PSC Medical Expense Payment Responsibility AAPD No. 06-10 is hereby incorporated as Appendix 1 to the solicitation.

AAPD 21-05 – Revised and Expanded Fringe Benefits for U.S. Personal Services Contractors AAPD No. 21-05 is hereby incorporated as Appendix 2 to the solicitation.

FAR 52.222-50 – Revised Combating Trafficking in Persons FAR Clause 52.222-50 is hereby incorporated as Appendix 3 to the solicitation.

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

6. PSC Ombudsman

The PSC Ombudsman serves as a resource for any Personal Services Contractor who has entered into a contract with the United States Agency for International Development and is available to provide clarity on their specific contract with the agency. Please visit our page for additional information:

https://www.usaid.gov/work-usaid/personal-services-contracts-ombudsman

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

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APPENDIX 1

USPSC PROVISION “MEDICAL EXPENSE PAYMENT RESPONSIBILITY (OCTOBER

2006) MEDICAL EXPENSE PAYMENT RESPONSIBILITY (OCTOBER 2006)

(a) Definitions. Terms used in this General Provision are defined in 16 FAM 116 (available at http://www.foia.state.gov/REGS/fams.asp?level=2&id=59&fam=0). Note: personal services contractors are not eligible to participate in the Federal Employees Health Programs.

(b) The regulations in the Foreign Affairs Manual, Volume 16, Chapter 520 (16 FAM 520), Responsibility for Payment of Medical Expenses, apply to this contract, except as stated below.

The contractor and each eligible family member are strongly encouraged to obtain health insurance that covers this assignment. Nothing in this provision supersedes or contradicts any other term or provision in this contract that pertains to insurance or medical costs, except that section (e) supplements General Provision 25. “MEDICAL EVACUATION (MEDEVAC)

SERVICES.”

(c) When the contractor or eligible family member is covered by health insurance, that insurance is the primary payer for medical services provided to that contractor or eligible family member(s) both in the United States and abroad. The primary insurer’s liability is determined by the terms, conditions, limitations, and exclusions of the insurance policy. When the contractor or eligible family member is not covered by health insurance, the contractor is the primary payer for the total amount of medical costs incurred and the U.S. Government has no payment obligation (see paragraph (f) of this provision).

(d) USAID serves as a secondary payer for medical expenses of the contractor and eligible family members who are covered by health insurance, where the following conditions are met:

(1) The illness, injury, or medical condition giving rise to the expense is incurred, caused, or materially aggravated while the eligible individual is stationed or assigned abroad;

(2) The illness, injury, or medical condition giving rise to the expense required or requires hospitalization and the expense is directly related to the treatment of such illness, injury, or medical condition, including obstetrical care; and

(3) The Office of Medical Services (M/MED) or a Foreign Service medical provider (FSMP) determines that the treatment is appropriate for, and directly related to, the illness, injury, or medical condition.

(e) The Mission Director may, on the advice of M/MED or an FSMP at post, authorize medical travel for the contractor or an eligible family member in accordance with the General Provision 10, Travel and Transportation AAPD 06-10 PSC Medical Expense Payment Responsibility 6 Expenses (July 1993), section (i) entitled “Emergency and Irregular Travel and Transportation.”

In the event of a medical emergency, when time does not permit consultation, the Mission Director may issue a Travel Authorization Form or Medical Services Authorization Form DS-3067, provided that the FSMP or Post Medical Advisor (PMA) is notified as soon as possible

17 | Page http://www.foia.state.gov/REGS/fams.asp?level=2&id=59&fam=0 following such an issuance. The contractor must promptly file a claim with his or her medevac insurance provider and repay to USAID any amount the medevac insurer pays for medical travel, up to the amount USAID paid under this section. The contractor must repay USAID for medical costs paid by the medevac insurer in accordance with sections (f) and (g) below. In order for medical travel to be an allowable cost under General Provision 10, the contractor must provide USAID written evidence that medevac insurance does not cover these medical travel costs.

(f) If the contractor or eligible family member is not covered by primary health insurance, the contractor is the primary payer for the total amount of medical costs incurred. In the event of a medical emergency, the Medical and Health Program may authorize issuance of Form DS-3067, Authorization for Medical Services for Employees and/or Dependents, to secure admission to a hospital located abroad for the uninsured contractor or eligible family member.

In that case, the contractor will be required to reimburse USAID in full for funds advanced by USAID pursuant to the issuance of the authorization. The contractor may reimburse USAID directly or USAID may offset the cost from the contractor’s invoice payments under this contract, any other contract the individual has with the U.S. Government, or through any other available debt collection mechanism.

(g) When USAID pays medical expenses (e.g., pursuant to Form DS-3067, Authorization for Medical Services for Employees and/or Dependents), repayment must be made to USAID either by insurance payment or directly by the contractor, except for the amount of such expenses USAID is obligated to pay under this provision. The Contracting Officer will determine the repayment amount in accordance with the terms of this provision and the policies and procedures for employees contained in 16 FAM 521. When USAID pays the medical expenses, including medical travel costs (see section (e) above), of an individual (either the contractor or an eligible family member) who is covered by insurance, that individual promptly must claim his or her benefits under any applicable insurance policy or policies. As soon as the individual receives the insurance payment, the contractor must reimburse USAID for the full amount that USAID paid on the individual’s behalf or the repayment amount determined by the Contracting Officer in accordance with this paragraph, whichever is less. If an individual is not covered by insurance, the contractor must reimburse USAID for the entire amount of all medical expenses and any travel costs the contractor receives from his/her medevac provider.

(h) In the event that the contractor or eligible family member fails to recover insurance payments or transfer the amount of such payments to USAID within 90 days, USAID will take appropriate action to collect the payments due, unless such failure is for reasons beyond the control of the USPSC/dependent.

(i) Before departing post or terminating the contract, the contractor must settle all medical expense and medical travel costs. If the contractor is insured, he or she must provide proof to the Contracting AAPD 06-10 PSC Medical Expense Payment Responsibility 7 Officer that those insurance claims have been submitted to the insurance carrier(s) and sign a repayment agreement to repay to USAID any amounts paid by the insurance carrier(s).

[End of Provision]

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APPENDIX 2

GP. 5 Leave and Holidays [Deviation (NOV 2021)]

(a) Annual Leave

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

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

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

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

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

Time in Service Annual Leave (AL) Accrual Rate 0 to 3 years 4 hours of leave for each 2-week period over 3, and up to 15 years 6 hours of AL for each 2-week period

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

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

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

and/or

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

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

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

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

(i) The end of the leave year two years after the date fixed by the approving official as the termination date of the exceptional circumstances beyond the contractor's control, which resulted in the forfeiture; or

(ii) The end of the contract.

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

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

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

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

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

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

(i) The contractor must complete twenty-four (24) continuous months of service abroad under this contract, and must not have taken more than…