SOL Senior Regional Advisor Kenya - GS 15 - OA.pdf

SOLICITATION NUMBER: 720BHA23R00043

ISSUANCE DATE: July 6, 2023 CLOSING DATE AND TIME: August 21, 2023, 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, Ousay Wahaj Supervisory Contracting Officer Office of Acquisition & Assistance

(M/OAA/BHA-CPS/PSC)

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

720BHA23R00043

ATTACHMENT 1

I. GENERAL INFORMATION

1. SOLICITATION NO.: 720BHA23R00043

2. ISSUANCE DATE: July 6, 2023

3. CLOSING DATE AND TIME FOR RECEIPT OF OFFERS: August 21, 2023, 12:00 P.M. Eastern Time

4. POINT OF CONTACT: Africa Recruitment Team, BHA.AfricaRecruitment@usaid.gov

5. POSITION TITLE: Senior Regional Advisor (SRA)

6. MARKET VALUE: $117,518 - $152,771 equivalent to GS-15 (not eligible for 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.

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

7. PLACE OF PERFORMANCE: Nairobi, Kenya

There may be an initial training program in Washington, D.C. for three months, which will include formal classroom training and on-the-job training; and may include security training.

After completion of initial training, the SRA will be assigned to the place of performance.

Overseas 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: 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.

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11. STATEMENT OF DUTIES

GENERAL STATEMENT OF PURPOSE OF THE CONTRACT

The United States Agency for International Development (USAID) Bureau for Humanitarian Assistance (BHA) works to save lives, alleviate human suffering, and reduce the impact of disasters by helping people in need become more self-reliant. BHA is responsible for planning, coordinating, developing, achieving, monitoring, and evaluating international humanitarian assistance falling into two conceptual areas: 1) Humanitarian Response during emergencies and

2) Early Recovery, Risk Reduction, and Resilience activities to address longer-term recovery after emergencies. You can learn more about BHA on our website.

The Senior Regional Advisor (SRA) is responsible for the overall leadership in Kenya for humanitarian and resilience issues such as monitoring, evaluation, accountability and learning, disaster risk reduction (DRR), and innovation in humanitarian response. This position's duties include regional program analysis and strategy development. The SRA maintains coordination and collaboration with USAID offices, U.S. Embassy staff, other United States Government (USG) agencies, host country governments, U.S. military representatives, relief agencies, donors, and USG interagency partners across the affected region. This position is based in Nairobi, Kenya.

The Office of Africa (OA) designs, provides, and assesses humanitarian assistance, including assistance related to responding to, recovering from, and reducing the risk of man-made and natural disasters, while linking with other USAID investments that build resilience. To achieve these objectives, humanitarian experts based overseas coordinate with local authorities and USAID Missions, while humanitarian experts based in Washington D.C. coordinate with USAID Regional and Pillar Bureaus. OA in Washington DC, consists of five (5) geographic divisions: East Africa; Central Africa; Sudans; West Africa; and Southern Africa. At field level, OA has three (3) regional offices: the Southern Africa Regional Office (SARO) based in based in Pretoria, South Africa, the Sudans East Central and Southern Regional Office (SECARO) based in Nairobi, Kenya, and the West Africa Regional Office (WARO) based in Dakar, Senegal. These regional offices support our BHA field offices located within individual USAID Missions across the African continent and ensure that BHA’s objectives for disaster assistance, DRR, resilience programming, strategic planning, and interagency coordination for the region are met. These divisions and regional offices are responsible for the provision of emergency humanitarian assistance through grants and cooperative agreements to non-governmental organizations (NGOs); international organizations (IOs) including United Nations (UN) agencies; and to other partners to ensure the implementation and delivery of this assistance. These divisions and regional offices also oversee BHA OA’s nonresponse efforts in DRR, resilience, and humanitarian transition.

BHA’s DIVERSITY PHILOSOPHY Your Uniqueness is Welcome Here!

It takes talented people with unique experiences to provide the best humanitarian aid possible.

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We are committed to having a workforce that reflects the global communities we serve. We strive to create an inclusive workplace, where everyone brings their authentic selves to work.

We invite you to join us in providing humanitarian assistance to save lives and alleviate the suffering around the world.

STATEMENT OF DUTIES TO BE PERFORMED

The SRA position requires substantial coordination with representatives from other USAID offices, the U.S. Embassy, other USG agencies, host country governments, U.S. military representatives, as well as with relevant donor representatives, UN agencies and NGOs, therefore requiring a highly collaborative work style. The SRA must be prepared to function effectively in a challenging and restrictive work environment and to strictly adhere to U.S.

Embassy security guidelines.

Working directly under the guidance and supervision of the USAID/Kenya and East Africa Mission Director or his/her delegate, the SRA will work in close collaboration with a team that may include Regional Advisors (RAs), Senior Humanitarian Advisors (SHAs), Program Officers, Field Monitors, Regional Team Leaders, Humanitarian Assistance Officers, and/or Program Assistants. The SRA must remain flexible and be able to serve in multiple senior leadership roles depending on prevailing staffing needs for priority responses within BHA/Washington, BHA/Regional Office, the USAID/Mission, and/or Disaster Assistance Response Teams (DARTs) and Response Management Teams (RMTs). As such, the SRA will be expected to serve in various senior leadership roles including but not limited to Regional Director (RD) or Deputy Regional Director (DRD) and DART Team Leader or Deputy Team Leader.

Additionally, the SRA may be expected to serve in short-term acting leadership roles in the USAID/Mission at the request of the USAID/Mission Director. As RD or DRD, the SRA will directly supervise SRAs, Senior Regional Humanitarian Program Officers (SRHPO)s, and/or various administrative and technical staff in the regional office. For countries where BHA staff are based, the BHA/Regional Office maintains dual-reporting and supervision of BHA country teams in coordination with USAID Mission Directors and USAID Country Representatives and BHA Country Leads. Therefore, the SRA will be expected to supervise, mentor, coach, and train BHA SHAs and BHA Office Directors in these BHA field offices in close collaboration with Mission Directors and Country Managers.

Specifically, the SRA will be responsible for the following:

Contextual Specialty:

● Serve as an expert on humanitarian and resilience issues, priorities, lessons learned, and opportunities in the region of responsibility related to DRR, innovation, private sector engagement, and other humanitarian issues.

● Provide expert guidance on political, humanitarian, organizational, structural, and stakeholder interests specific to the region

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● Identify humanitarian and development opportunities for humanitarian, resilience, and recovery programming support across the region utilizing humanitarian structures

● Prepare and provide strategic and analytical reports on current or anticipated emergencies with comprehensive preparedness documentation on assigned countries.

Portfolio Management:

● Oversee and implement grants and contracts in accordance with BHA programming strategy.

● Guide regional team to develop programmatic strategies for disaster responses and DRR efforts in the area of responsibility.

● Support growth opportunities across the geographic areas of responsibility in areas such as innovation and private sector engagement, and regularly identify linkages within USAID Missions for this work.

● Review grant applications for conceptual soundness, technical feasibility, and alignment with budget constraints for disaster assistance/emergency activities, resilience programming, and recovery.

● Identify opportunities for multi-year programs to respond to Agency priorities across the humanitarian to development spectrum, including supporting the design and review of applications for this kind of programming.

● Lead/conduct initial assessments to identify humanitarian needs and/or disaster risk reduction opportunities in current disaster contexts or locations with high vulnerability.

● Support the development of more holistic DRR and resilience strategies across the region, working with teams to identify opportunities for integration of this programming.

● Monitor ongoing humanitarian response and DRR activities to validate that objectives are met and beneficiaries are served.

● Lead and re-assess the development and implementation of a regional strategy to address key issues such as emergency response, DRR, and/or resilience, resource allocation, and update these strategies as necessary.

● Support knowledge sharing and the maximization of technical expertise across the region, including monitoring, evaluation, and learning (MEAL) support to portfolios.

● Participate in the development of field-based recommendations on difficult resource and programmatic trade-offs within the region.

Representation:

● Develop and maintain relationships with representatives of host governments, donor governments, IOs, NGOs, U.S. embassies, and USAID missions to ensure efficient and coordinated humanitarian response and DRR activities.

● Represent USAID in joint efforts to design, develop, and implement humanitarian, DRR, and/or resilience strategies and intervention with local governments, donor, partner, and UN organizations, as appropriate.

● Advise regional officials, including host country authorities and other USAID officials on disaster response, mitigation, and risk reduction efforts, including the review of sector disaster response and DRR plans.

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● Work with local and regional institutions and private/public sector organizations to incorporate DRR into appropriate programs.

Leadership:

● Support regional team efforts to develop strategic direction for the regional office to include programmatic, liaison and representational prioritization, and human and financial resource requirements.

● Participate in a leadership role in office-wide policy initiatives to ensure field perspectives are well-represented.

● Serve as a peer-mentor for program staff working to increase exposure and experience in field-based humanitarian, DRR, and resilience operations.

● Lead an ethnically and culturally diverse team of program, technical and/or administrative staff.

General Duties:

● Consistently model behaviors that demonstrate a commitment to fostering a non-hostile, inclusive work environment that values diversity, equity and is free of discrimination, bias, unfairness, bullying, offensive behaviors and harassment of any kind.

● Lead/foster a collaborative, respectful, and professional work environment by demonstrating partnership and teamwork to accomplish team, office, and bureau objectives.

● This position may be expected to be able to qualify, train for and routinely serve on disaster/humanitarian responses in Washington DC or in the disaster area for 2 to 6 weeks (or more) intervals. These can either be Disaster Assistance Response Teams (DARTs) and/or Response Management Teams (RMTs). DARTs are deployed to the field in response to disasters and operate in the field, providing staff an opportunity to deploy overseas for an extended period of time (e.g., 6-8 weeks). RMTs are based in Washington, DC and provide services to support DARTs, such as coordination and external engagement, communications, planning, logistics, travel coordination, or other similar duties (depending on the RMT role).

● As needed, may serve on temporary short-term assignments (“detail”) on other teams within the office or bureau to meet operational needs during staff shortages. Duties performed while on detail will be aligned with existing duties and responsibilities and will be directly related to the position’s scope of work.

● As needed, staff is expected to support BHA’s hiring efforts and serve on PSC hiring committees. Training will be provided.

● The PSC may be expected to obtain an Agreement Officer's Representative (AOR) or Contracting Officer's Representative (COR) certification. The AOR/COR oversees agreements and/or contracts. This includes but is not limited to reviewing invoices, approvals, program/project deliverables (i.e. work plans, annual reports, month status reports), travel requests, key personnel requests, financial/budget reports, contractor performance evaluations, and compliance. More information about the AOR/COR responsibilities and related requirements can be found in the COR designation letter

6 | Page https://www.usaid.gov/ads/policy/300/302mar and the AOR designation letter. In the event that this role requires an AOR/COR certification, mandatory training will be provided.

● The [position title] 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.

SUPERVISORY RELATIONSHIP:

The USPSC will take direction from and will report to the BHA/OA Deputy Office Director or their designee. However, they will also coordinate with and take direction from the USAID/Kenya and East Africa Mission Director or their designee. They will also coordinate regularly with the BHA country teams throughout the region and directly with personnel within the regional Office of the USAID/Kenya Mission and collaborate and consult with other USAID and U.S. Embassy staff.

SUPERVISORY CONTROLS:

The USPSC’s supervisor provides administrative direction in terms of broadly defined missions or functions. USPSC independently plans, designs and carries out projects, studies, and programs. Results of the work are considered technically authoritative. There is no higher-level official technically responsible for administering the program/project.

12. PHYSICAL DEMANDS

The work requested does not involve undue physical demands.

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 (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.

● The SRA must be prepared to function effectively in a country context prone to violence and insecurity, conflict or natural disasters with limited mobility outside of U.S.

Government facilities, and be willing to strictly adhere to U.S. Embassy security guidelines.

● This position requires up to 35 percent travel, and the willingness to deploy within the region for one month or more annually on sudden-onset emergency responses.

● This position largely works in a typical office environment which often requires extensive periods working at a desk and on a computer.

● This position is based in Nairobi, Kenya and will have situational telework as prescribed by the Mission Director. More information can be found in ADS 405 Telework

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● If deployed working on a disaster assistance response team (DART), the work may additionally involve special safety and/or security precautions, wearing of protective equipment, and exposure to severe weather conditions. Mandatory training will be provided.

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.)

Applicants must demonstrate the factors outlined below within their resume, as they are evaluated solely by the information provided there. In addition, Offerors are required to submit the Offer Rating System Form in order to be considered. Please download, complete, and submit with the application package.

At least eleven (11) years of experience in humanitarian assistance, emergency management or relief, disaster risk reduction, post-emergency rehabilitation or recovery, or resilience, with a high school diploma. A Bachelor’s degree in any discipline can be substituted for four (4) years of experience, a Master's in any discipline can be substituted for six (6) years of experience.

SPECIALIZED EXPERIENCE

● Working in communities with limited public infrastructure.

● Experience working with host or local governments on the planning and implementation of activities.

● Experience with program management.

● Experience with managing team performance, development, and staffing.

AND

Additionally, the following requirements apply for all USPSC positions:

● U.S. Citizenship

● Ability to obtain and maintain a Secret up to Top Secret/Sensitive Compartmented

Information level clearance as provided by USAID

● Ability to obtain a Department of State medical clearance and maintain it throughout the life of the contract. More information on medical clearance classifications can be found in 16 FAM 211.2 Clearance Classifications or the Department of State webpage on medical clearances.

● Language: Working level of English

WORK ENVIRONMENT

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● The SRA must be prepared to function effectively in a country context prone to violence and insecurity, conflict or natural disasters with limited mobility outside of U.S.

Government facilities and be willing to strictly adhere to U.S. Embassy security guidelines.

● This position requires up to 35 percent travel, and the willingness to deploy within the region for one month or more annually on sudden-onset emergency responses.

● This position largely works in a typical office environment which often requires extensive periods working at a desk and on a computer.

● This position is based in Nairobi, Kenya and will have situational telework as prescribed by the Mission Director. More information can be found in ADS 405 Telework

● If deployed working on a disaster assistance response team (DART), the work may additionally involve special safety and/or security precautions, wearing of protective equipment, and exposure to severe weather conditions. Mandatory training will be provided.

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.

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 Level 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 Secret up to a Top Secret/Sensitive Compartmented Information level clearance after award). Failure to do so may result in the withdrawal of an offer or removal.

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● Ability to obtain a Department of State medical clearance and maintain it throughout the life of the contract. More information on medical clearance classifications can be found in 16 FAM 211.2 Clearance Classifications or the Department of State webpage on medical clearances.

● 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:

Specialize Experience (30 points)

Interview Performance (50 points)

Satisfactory Professional Reference Checks (20 points)

Offerors must provide their references to BHA upon request no later than seven (7) days from initial request. Failure to meet this requirement will lead to a score of zero (0) in this portion of the Offeror Rating System.

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 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.

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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) 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.

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

(c) 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.

(d) U.S. Citizenship

(e) 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. This information must be clearly identified in your resume. Failure 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.

5. Specialized Experience Requirement Form. Offerors are required to complete the Specialized Experience Requirement Verification form in order to be considered. Please download, complete and submit with the application package: Offer Rating System Form.

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.

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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.

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.

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:

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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

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. Contract Cover Page form AID 309-1 available at http://www.usaid.gov/forms .

Pricing by line item is to be determined upon contract award as described below:

LINE ITEMS

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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 negotiatio ns with Contracto r

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 negotiatio ns with Contracto r

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 negotiatio ns with Contracto r

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 negotiatio ns with Contracto r

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 negotiatio ns with Contracto r

3. 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

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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.

FAR 52.204-27 Prohibition on a ByteDance Covered Application.

FAR Clause 52.204-27 is hereby incorporated as Appendix 4 to the solicitation.

4. 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.

5. 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

15 | Page https://www.oge.gov/web/oge.nsf/OGE%20Regulations https://www.usaid.gov/work-usaid/personal-services-contracts-ombudsman mailto:PSCOmbudsman@usaid.gov

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

16 | Page http://www.foia.state.gov/REGS/fams.asp?level=2&id=59&fam=0

(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 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

17 | Page 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

19 | Page 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

(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.

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(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.

(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) workdays 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 thirty (30) workdays leave (annual, sick, or LWOP) in the U.S., its commonwealths, possessions, or territories.

The required service abroad will include the actual days in orientation in the U.S.

(excluding any language training), travel time by the most direct route, and actual days

21 | Page abroad beginning on the date of arrival in the cooperating country. Any annual and sick leave taken abroad, excluding leave without pay (LWOP), will count toward the period of service abroad. Any days of annual and sick leave taken in the U.S., its commonwealths, possessions, or territories will not be counted toward the required twenty-four (24) months of service abroad.

(ii) The contractor must agree to return immediately after completing home leave to continue performance for an additional—

(A) Two (2) years, or

(B) Not less than one (1) year, if approved in writing by the Mission Director before the contractor departs on home leave.

(iii) If the contractor agrees to meet the conditions in paragraph (c)(1)(ii) of this clause above by returning to the same USAID Mission under this contract or a new contract, the contractor may be granted thirty (30) workdays of home leave.

(iv) If the contractor agrees to meet the continued performance conditions of paragraph (c)(1)(ii) of this clause and will be relocating to a different USAID Mission under a new USAID personal services contract immediately…