SOL-440-16-000005_USPSC_PEPFAR_Coordinator_Final.pdf

RFP No. SOL-440-16-000005

ISSUANCE DATE: May 17, 2016 CLOSING DATE: June 17, 2016 at 16.00hrs Hanoi Time

SUBJECT: Solicitation for U.S Citizens Personal Services Contractor (USPSC) – U.S. President’s Emergency Plan for AIDS Relief (PEPFAR) Country Coordinator, US Embassy, Hanoi, Vietnam

To All Interested Applicants:

The United States Government, represented by the U.S. Agency for International Development (USAID), is seeking proposals (Optional Form 612’s) from U.S. citizens interested in providing the PSC services described in the attached.

Submissions shall be in accordance with the attached information and delivered to the undersigned in accordance with the specified requirements.

Applications should include the following:

1. Cover letter or written statement that addresses the Evaluation/Selection Criteria in this solicitation;

2. Most current curriculum vitae (CV) or resume;

3. Salary history for the prior three years captured in a Contractor Employee Biographical Data Sheet

(AID 1420-17 form available at https://www.usaid.gov/forms/aid-1420-17);

4. Contact information (telephone numbers and email addresses) for at least three references with knowledge of the applicant's prior work skills; and,

5. Optional Form 612 available at http://www.federaljobs.net/forms.htm.

Applications shall be submitted electronically via email to Ms. Hoa Hoang at hoahoang@usaid.gov, and myself at dharter@usaid.gov by the closing date and time indicated above. Late applications will not be considered. Form OF 612, Optional Application for Federal Employment and Contractor Employee Biographical Data Sheet (AID 1420-17) must be signed. Scanned copies are accepted by e-mail. Applicants should retain for their record copies of all enclosures which accompany their application.

Only short listed candidates will be contacted. The award of a contract hereunder is subject to the availability of funds. Any questions regarding this position should be sent to Ms. Hoa Hoang at hoahoang@usaid.gov,and myself at dharter@usaid.gov.

Sincerely, /s/

Daniel E. Harter Contracting Officer USAID/Vietnam/OAA

Attachment 1: Solicitation Requirements and Position Description Attachment 2: PSC Contractor Benefits Attachment 3: Dual Citizenship Policy https://www.usaid.gov/forms/aid-1420-17 mailto:hoahoang@usaid.gov mailto:dharter@usaid.gov mailto:hoahoang@usaid.gov

ATTACHMENT 1: Solicitation Requirements and Position Description

1. SOLICITATION NUMBER: SOL-440-16-000005

2. ISSUANCE DATE: May 17, 2016

3. CLOSING DATE/TIME SPECIFIED FOR RECEIPT OF APPLICATIONS: June 17, 2016 at 16.00hrs

Hanoi Time

4. POSITION TITLE: U.S. President’s Emergency Plan for AIDS Relief (PEPFAR) Country Coordinator, US Embassy, Hanoi, Vietnam.

5. MARKET VALUE OF POSITION (Base Pay): GS-15 equivalent ($102,646 - $133,444)

Salary to be paid within this grade will depend on experience, qualifications, and salary history. The standard compensation package also includes a contribution for life and health insurance and a contribution to FICA. If the selected candidate qualifies as an off-shore hire under USG regulations, the employee will additionally receive post differential approved for Hanoi, Vietnam (currently set at the rate of 20% of base pay), housing, international travel, shipment benefits, and other applicable allowances.

6. PERIOD OF PERFORMANCE: To start o/a August 1, 2016 for a period of one year from the date of signature of the contract with the possibility of a one year extension. Extensions will depend on the need for continuation of such services, availability of funds, satisfactory performance, and the needs of the PEPFAR program in Vietnam. The maximum length of this contract is two years, after which this position will be converted into a U.S. Department of State Limited Non-Career Appointment (LNA). LNA positions are temporary appointments (maximum five years) in the Foreign Service. All LNAs are members of the Foreign Service and have the same obligations and standard of conduct expectations as all Foreign Service employees. They are eligible for many of the same Foreign Service benefits.

7. PLACE OF PERFORMANCE: Hanoi, Vietnam, with travel within Vietnam and internationally as required.

8. REQUIRED SECURITY CLEARANCE: Secret Level

9. AREA OF CONSIDERATION: U.S. Citizens only; also please read Attachment 3 to this solicitation on Dual Citizenship.

10. JOB DESCRIPTION:

A. Position Title: PEPFAR Country Coordinator

B. Organizational location of the position: US Embassy, PEPFAR Coordination Office, Hanoi, Vietnam.

C. Position Title of Direct Supervisor: Deputy Chief of Mission (DCM), US Embassy, Hanoi, Vietnam

D. Supervisory Controls: The position will be directly supervised for operational and program activities by the DCM and Chief of Mission (COM) in the US Embassy in Vietnam. As such, the Coordinator represents the DCM or Ambassador in managing the complex processes associated with planning, implementing and monitoring the results of PEPFAR across the participating USG implementing agencies. USAID, the employing agency, and represented by the USAID Mission Director, will manage administrative requirements (personnel files, payroll, etc.). The Coordinator will supervise the non-direct hire staff in the Coordinator’s

Office and work with the COM and DCM to define the composition, roles, responsibilities and position grades of the office staff. The incumbent is expected to work independently, taking initiative under general supervision of the DCM/COM in the structure of the PEPFAR Partnership Framework, Office of the Global AIDS Coordinator (OGAC) strategy and the interagency management approach. S/he will work closely with all members of the PEPFAR Management Team (MT), which is a key body for providing strategic direction and oversight of implementation and evaluation of PEPFAR-funded activities. The MT is led by the Coordinator and includes representatives from the Department of Defense (DOD), Centers for Disease Control and Prevention (CDC), the Substance Abuse and Mental Health Services Administration (SAMHSA), and the U.S. Agency for International Development (USAID).

E. Introduction and Background:

The U.S. President's Emergency Plan for AIDS Relief (PEPFAR) is the U.S. Government initiative to help save the lives of those suffering from HIV/AIDS around the world. This historic commitment is the largest by any nation to combat a single disease internationally, and PEPFAR investments also help alleviate suffering from other diseases across the global health spectrum. PEPFAR is driven by a shared responsibility among donor and partner nations and others to make smart investments to save lives.

PEPFAR is the cornerstone and largest component of the U.S. President’s Global Health Initiative. With a special focus on improving the health of women, newborns and children, the Global Health Initiative’s goal is to save the greatest number of lives by increasing and building upon what works and, then, supporting countries as they work to improve the health of their own people.

The PEPFAR program in Vietnam, under the leadership of the U.S. Ambassador, combines the talents of the staff and partners of the Department of State, DOD, CDC, SAMSHA and USAID to implement an integrated program covering HIV/AIDS prevention, care, and treatment, as well as health systems strengthening. These entities have come together to create a program that supports existing activities in Vietnam and has allowed for a rapid, unprecedented expansion of HIV/AIDS services to key populations across Vietnam.

Vietnam grew substantially in its first five years reaching $90 million by FY 2011, and is now pivoting towards longer term, sustainable support, which demands even more effective integration of USG support with those of other donors and the host government. As the program transitions from direct service delivery to one with greater emphasis on technical assistance and technical collaboration, active leadership from the PCO will be critical to maintaining an interagency, “one USG” shift in program focus while also focusing the team on sustainable priorities in a declining budget environment. The need for more effective integration of USG plans/support with those of other donors and the host government is a cornerstone of the next phase of PEPFAR; managing these internal and external relationships will be a high priority for the DCM/COM, the Country Coordinator, and the PEPFAR Management Team.

F. General Principles and Functions:

The PEPFAR Coordinator will serve as the coordination leader for activities funded under PEPFAR in Vietnam. Priority areas of responsibility include:

Serving as the primary point of contact and coordinator of activities related to PEPFAR programs in Vietnam. The PEPFAR Coordinator plays a critical role in the planning, implementation and reporting on interagency program performance;

Supporting the Ambassador/DCM as the head(s) of the in-country PEPFAR program and final decision-maker(s) for PEPFAR in Vietnam;

Ensuring communication and effective deliberation regarding PEPFAR guidance from Washington for program plans and activities to be submitted to the Office of the Global AIDS Coordinator (OGAC) for approval;

Facilitating communication between and among the various USG departments and agencies;

Coordinating, facilitating, communicating, negotiating and ensuring implementation and follow-up of technical recommendations for programs in the Country Operational Plan (COP); the Coordinator is, in general, not a technical director of PEPFAR programs;

Representing the Ambassador/DCM, as necessary, with external partners to include government, non-governmental organizations, international organizations and the press;

Under the direction of the Ambassador/DCM, responsible for the establishment, organization, functioning and reporting of the PEPFAR MT in achieving the objectives of PEPFAR Vietnam;

In collaboration with Agency leads, ensuring adequate leadership of the Technical Working Groups (TWGs) to include periodic rotation of TWGs leadership, promotion of Foreign Service National (FSN) leadership, where appropriate, reporting by the TWGs to a PEPFAR Steering Committee and the MT, with particular regard for membership, agendas and setting/achieving objectives;

Providing appropriate reporting to all members of the PEPFAR interagency team with the Washington-based Country Support Team Lead and other staff at the OGAC.

Receiving copies of internal agency communications from USAID, Centers for Disease Control, SAMHSA, Departments of Defense and State, related to matters of the PEPFAR program, in the areas of strategy development, program implementation, management, budgeting and staffing;

Serving as the primary liaison and advocate for the PEPFAR Vietnam program with OGAC in Washington, DC;

Ensuring proper coordination and communication between the PEPFAR interagency team and the various coordinating bodies in Vietnam, including the GVN, Ministry of Health, UN agencies and major donors (Global Fund, World Bank, Department for International Development (DFID), etc.); and

Leading the coordination and development of the annual Country Operational Plan (COP) and the submission of semi-annual and annual reports and other documentation as required by OGAC.

In addition, in consultation with the MT, s/he will provide advice and counsel to the COM and DCM, as well as other Agency leads, on all matters related to HIV/AIDS in Vietnam.

G. Principal Duties and Responsibilities:

The principal duties and responsibilities of the PEPFAR Country Coordinator will include, but are not limited to, the following:

1. Act as primary liaison and coordinator for:

1.1 Promoting communications between OGAC Team and the COM/DCM, Consul General in Ho Chi Minh City and PEPFAR interagency team;

1.2 Facilitating communications between the COM/DCM, other Embassy offices, other (non- PEPFAR) USG agencies or sections, and PEPFAR USG staff, PEPFAR implementing partners and Government of Vietnam (GVN) officials;

1.3 Ensuring horizontal information sharing between in-country agency leads;

1.4 Coordinating the PEPFAR Vietnam team’s response to important developments, activities, policy guidance from Washington, consultation and agreements from senior GVN officials, and collaboration with international agencies, bi-lateral donors and other partners;

1.5 Informing the COM/DCM of substantial policy or program issues, new developments and successes, as well as constraints to achieving the program goals;

1.6 Liaising with specific and agreed upon ministries/offices to promote maximum collaboration and cooperation between major international initiatives in HIV/AIDS, including the Global Fund, World Health Organization, UNAIDS and Clinton Health Access Initiative, as well as the Informal Ambassador’s/UN Heads of Agency Group on AIDS and the Development Partners Group; and

1.7 Supporting representational activities, in collaboration with the agencies and partners, with regard to preparing speeches for delivery by the COM/DCM, creating background materials for key PEPFAR activities, supporting the development of materials for the Public Affairs

Section, and staffing VIP and Congressional visitors.

2. Coordinate the development of the annual Country Operational Plan (COP). COP development requires ongoing coordination and is a year-round activity. The COP reflects the implementation of the strategic plan and its development includes managing thrice-yearly reprogramming activities with OGAC.

3. Facilitate the development and implementation of a unified PEPFAR program that maximizes the comparative advantages and competencies of participating USG agencies, achieves maximum results related to the PEPFAR goals and GVN objectives related to the National Strategic Plan on HIV/AIDS and is optimally responsive to the public health needs of those the country.

3.1 Manage the operational and strategic planning to ensure the development of a balanced PEPFAR program; and

3.2 Mediate interagency conflict as it arises in the planning and/or implementation process.

4. Work closely with the PEPFAR Strategic Information team and other technical teams to coordinate and report program results as well as conduct strategic exercises to evaluate program progress and success and maintain a calendar of important benchmarks to ensure the program is on schedule.

5. Facilitate interagency process on program activities and results which include:

5.1 Convening, chairing and recording regular meetings of the MT, PEPFAR steering committee, and the broader PEPFAR interagency team.

5.2 Promoting regular meetings and the maintenance of records of PEPFAR technical working groups;

5.3 Overseeing development and submission of the semi-annual and annual reports and regular reporting to the COM/DCM and OGAC.

5.4 Facilitating timely financial and programmatic reporting by all participating USG agencies and their implementing partners.

6. Liaise with the GVN, major donors, USG implementing partners and other relevant players as necessary to provide clear and consistent information on the PEPFAR program and to ensure that PEPFAR is complementary to national HIV/AIDS efforts.

7. Manage and coordinate interagency and OGAC clearance of TDYs and dissemination of technical assistance results and findings, with regard to joint program coordination, development, reporting and implementation.

8. Support efforts of USG agencies to recruit qualified local staff and engage new, especially indigenous, partners to build Vietnamese capacity and to sustain the results achieved under

PEPFAR.

9. Prepare and disseminate periodic internal and external updates/status reports on PEPFAR in-country activities to inform host country government partners, non-governmental implementing partners, stakeholders and appropriate media channels to the general public.

10. Maintain communications between PEPFAR and all USG partners on a regular basis.

11. Manage the daily operation and management of the PEPFAR Coordination Office, including the

Ambassador’s Small Grants Fund for Public Diplomacy.

12. Perform other duties as assigned by the COM/DCM.

H. Qualifications:

This position requires a highly qualified and experienced individual with exceptional interpersonal skills, the ability to foster team work, strategic thinking, and also understand the technical requirements to achieve the PEPFAR goals in Vietnam. Consensus building is a critical skill. The incumbent must be familiar with and be able to work well in an overseas environment and with a wide range of governmental and non-governmental counterparts. The PEPFAR Program Coordinator shall have the following qualifications. Note that in order to be considered those marked “required/requires” must be met.

1. Education: Masters Degree in Public Health or a related field(s) required; business background desirable.

2. Relevant Experience: This position requires at least 5 years of increasing responsible experience working internationally in the design, implementation, management and evaluation of public health programs, preferably with significant experience in HIV/AIDS programs. Prior experience in the Asia region is a plus.

3. Technical Knowledge: HIV/AIDS knowledge and technical skills (required), experience with public health issues preferred, knowledge of donor, bilateral or multilateral assistance programs required.

4. Skills and Abilities: The incumbent is required to:

4.1 Possess strong negotiation, analytical and program coordination skills;

4.2 Be capable of developing and coordinating programs, time-sensitive plans and complex work projects involving multiple USG, Vietnamese government agencies and private sector groups;

4.3 Demonstrate the ability to perform at a senior policy level and lead the development and implementation of successful HIV/AIDS policies and programs;

4.4. Possess effective communication and interpersonal skills and abilities to include: the ability to foster and facilitate teamwork and consensus; excellent writing and oral communication skills; the ability to craft and effectively give technical and organizational presentations in a concise written and oral form; and project effective leadership and management skills.

4.5. Demonstrate leadership and supervisory skills to manage and direct other professional staff;

4.6 Display proficiency in word processing, spreadsheets, databases and other computer applications (e.g., Microsoft Office Excel, PowerPoint and PEPFAR specific data programs);

4.7 Show the capacity to maintain contacts at all levels of the host government and with stakeholders in the non-governmental arena and report on their performance and concerns. S/he must be able to transmit and interpret host country government and non-governmental sector program-related concerns to senior Mission Management (e.g. COM, DCM, CG/Ho Chi Minh City and PEPFAR MT). S/he must be able to travel throughout Vietnam as/when necessary in support of the success of HIV/AIDS policies and programs.

4.8 Demonstrate fluency in the English language. Incumbent must be able to communicate (both verbally and in writing) effectively and accurately with 1) all categories of Mission employees; 2) local government officials at the Minister level and lower; 3) numerous international and local organizations, donors and other embassies; 4) various Washington based USG agencies and 5) the general public. Vietnamese language is a plus.

4.9 Demonstrate the ability to prepare briefing documents, action memos, and speeches including participation in the drafting of State Department cables and annual technical, programmatic and fiscal reports. The incumbent must also be able to prepare reports, correspondence and documents in a professional and competent manner requiring little or no editorial changes.

I. Available Guidelines:

The incumbent is required to understand Mission and all agency-specific policies and procedures, which govern Project Activity Management in addition to the established administrative operating procedures, policies and formats for USG. The incumbent will be required to be proactive in keeping abreast of evolving guidelines and policies which affect overall HIV/AIDS activities, including but not limited to the USG procurement regulations and information systems. In addition, the PEPFAR agencies’ technical staff and counterparts are available as resources to provide advice and guidance.

J. Exercise of Judgment:

The incumbent is required to exercise independent judgment and ingenuity to interpret and develop applications and guidelines in devising innovative approaches to resolving technical, administrative, managerial and/or policy problems. Excellent, balanced judgment must be exercised in setting priorities. In addition, considerable judgment is required in working effectively with officials of the Ministries and the private sector, and coordinating multi-sectoral efforts in support of objectives, and in collecting, analyzing and reporting on progress of activities and recommending project actions. The incumbent will also be required to follow and adhere to USG Code of Ethics and Conduct.

K. Authority to Make Commitments:

The incumbent will have no independent authority to commit funds on behalf of the US Government.

L. Nature, Level and Purpose of Contacts:

The incumbent will be required to maintain solid working relationships with high level personnel within and outside the US Mission. The incumbent will be required to work closely with OGAC, US Embassy and other USG agencies, national governmental officials, non-governmental officials, private sector representatives, other foreign donor institutions and other local and international groups. The established method of communication/contact will be in person, by phone or through written communications. The purpose of contact will be: 1) to maintain open lines of communication in support of HIV/AIDS issues; 2) to maintain regular communications regarding the timely management of activity functions and procedures; 3) to collect, obtain, and verify factual information pertaining to program/project planning and implementation; 4) to track existing activities in HIV/AIDS on a regular basis. The purpose of contacts will range from simple information gathering to assisting in the development of complex programs and documents with various partners.

Consultations between the incumbent and partners can be held for explaining and assisting with strategizing project proposals and objectives, securing cooperation, resolving problems, obtaining or furnishing information, and persuading USG staff and counterparts to take actions and accept recommendations.

M. Supervision/Oversight over Others:

This position is designated as supervisory. The incumbent will supervise one program management specialist, one public diplomacy specialist and one administrative assistant. The Coordinator will supervise up to three Foreign Service National (FSN) Vietnamese staff.

N. Other Requirements:

The incumbent must also be:

1) A US Citizen;

2) In possession of, or able to obtain, a secret security clearance. The successful applicant must be able to receive USAID security clearance that involves applicant's comprehensive background investigation performed by a US Government Agency;

3) In possession of, or able to obtain, a medical clearance. The successful applicant must receive medical clearance for serving in Hanoi, Vietnam. Details of how to obtain US Department of State Medical Unit medical clearance will be provided once a job offer is made and accepted;;

4) Available and willing to work outside the regular 40-hour workweek when required/necessary;

5) Willing to travel to work sites and other offices as/when requested; and

6) Available and willing to commit to the Contract Performance Period of 12 months.

O. Selection Criteria:

Applicants will be evaluated on the extent and quality of their education, relevant experience and knowledge, skills and abilities as they relate to this position against the following criteria:

Education: 15 points Relevant Experience: 25 points Technical Knowledge: 20 points Skills and Abilities: 40 points

Total: 100 points

P. Selection Process: After the closing date for receipt of applications, an interagency committee will be convened to review applications and evaluate them in accord with the evaluation criteria. Applications from candidates who do not meet the required selection criteria will not be scored. As part of the selection process, finalist candidates may be interviewed either in person or by telephone. Reference checks will be made only for applicants considered as finalists. If an applicant does not wish a current employer to be contacted for a reference check, this should be stated in the applicant’s cover letter, and any such reference check will be delayed pending communication with the applicant. Only finalists will be contacted with respect to their applications. The final selected candidate must obtain security and medical clearances within a reasonable period of time (details regarding these clearances will be provided to the selected candidates). A substantial delay in obtaining either required clearance will make the applicant ineligible for selection.

ATTACHMENT 2: PSC Contractor Benefits (As allowable under applicable regulations)

AS A MATTER OF POLICY, AND AS APPROPRIATE, AN INDIVIDUAL MEETING THE REQUIREMENTS OF

OFFSHORE HIRE USPSC IS NORMALLY AUTHORIZED THE FOLLOWING BENEFITS:

1. Fringes Benefits and Allowances

(i) The employer’s FICA contribution for retirement purposes.

(ii) A contribution against the actual cost of the PSC’s annual health and life insurance costs. Proof of health and life insurance coverage and its actual cost to the PSC shall be submitted to the Contracting Officer before any contribution is made.

(A) The contribution for health insurance shall not exceed 50% of the actual cost to the PSC for his/her annual health insurance, or the maximum U.S. Government contribution for a direct-hire employee, as announced annually by the Office of Personnel Management, whichever is less. If the PSC is covered under a spouse’s health insurance plan, where the spouse’s employer pays some or all of the health insurance costs, the cost to the PSC for annual health insurance shall be considered to be zero.

(B) The contribution for life insurance shall be up to 50% of the actual annual costs to the PSC for life insurance, not to exceed $500.00 per year.

(iii) PSCs shall receive the same percentage pay comparability adjustment as U.S. Government employees subject to the availability of funds.

(iv) PSCs shall receive a 3% annual salary increase subject to satisfactory performance documented in their annual written evaluation. Such increase may not exceed 3% without a deviation. This 3% limitation also applies to extensions of the same service or negotiations for a new contract for the same or similar services unless a deviation has been approved.

(v) PSCs shall receive the following allowances and differentials provided in the State Department’s Standardized Regulations (Government Civilians Foreign Areas) on the same basis as U.S.

Government employees:

(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) Educational travel (Section 280),

(H) Post differential (Section 500),

(I) Payments during evacuation/authorized departure (Section 600), and

(J) Danger pay (Section 650).

Other Benefits: Additional benefits are available for individuals hired from outside Vietnam in accord with the AIDAR, e.g., international airfare from place of residence, R&R, international shipment of personal effects, furnished housing and educational allowances for dependent children.

2. Federal Taxes: USPSCs are not exempt from payment of Federal Income taxes.

3. Contract Information Bulletins (CIBs.) and Acquisition and Assistance Policy Directives (AAPDs)

Pertaining to PSCs

AAPDs/CIBs contain changes to USAID policy and General Provisions in USAID regulations and contracts.

Please refer to https://www.usaid.gov/work-usaid/aapds-cibs to determine which AAPDs/CIBs apply to this contract.

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

ATTACHMENT 3

USAID/General Notice

POLICY-REMINDER SEC

05/16/2002

Subject: Dual Citizenship Policy

1. The purpose of this notice is to explain existing national and USAID policy for all employees and to inform potential applicants for Civil Service, Foreign Service and USAID contract positions of the possible effects of dual citizenship on security clearance determinations. Dual citizenship can present a security issue in whether to permit access to classified information, thereby affecting recruitment, employment and assignments. The general information herein may also be found in State 54446, dated March 21, 2002 which outlines Department of State and Diplomatic Security policy as it concerns dual citizenship in personnel security matters.

2. USAID security clearance evaluations and determinations are the responsibility of the USAID Office of Security (SEC). SEC is required to consider dual citizenship in conducting personnel security investigations and making security clearance evaluations/determinations in accordance with Executive Order (E.O.) 10450, E.O. 12968, and the March 24, 1997 Adjudicative Guidelines.

3. Security clearance evaluations/determinations must ensure that access to classified information for a specific individual is "clearly consistent with the interests of national security." Under the adjudicative guidelines, "any doubt as to whether access to classified information is clearly consistent with national security will be resolved in favor of the national security." When making such a determination, SEC must consider all available information, both positive and negative. This is the "whole person" concept. Dual nationality is a relevant element in some cases. While U.S. citizenship is a basic eligibility requirement to be considered for access to classified information, it does not automatically confer the right to a security clearance. Dual citizenship must be considered in context of other circumstances in an individual's background.

4. USAID has not implemented, and does not intend to implement, a "blanket rule" regarding dual citizenship. In making security clearance determinations, SEC will continue to evaluate dual citizenship issues on a case-by-case basis. Applicants will be required to complete a Dual Citizenship Questionnaire as part of their application and may answer questions about these issues during a subject interview. Current employees will not generally be questioned about any foreign citizenship until the regularly scheduled periodic reinvestigation when they will also be required to complete a Dual Citizenship Questionnaire. Should an event trigger a review of an employee's access eligibility before their routine update, any foreign citizenship will be addressed at that time.

5. Facts about any subject's conduct and behavior developed through required background investigation are weighed against criteria in the adjudicative guidelines. SEC must be able to determine that granting access to classified information is clearly in the national security interest. A fundamental adjudicative principle is that the mere absence of derogatory information is not sufficient grounds to grant a security clearance. The government must, through an appropriate investigation and evaluation, establish a personal and professional history that positively affirms the individual's judgment, reliability, trustworthiness and loyalty to the United States. If there is any doubt about unquestioned preference for and allegiance to the United States, unencumbered by any undue foreign influence, SEC must render a determination in favor of the national security and determine the individual ineligible for access. These same adjudicative principles are used in all federal personnel security programs.

6. The evaluation element presented by dual citizenship is that it could raise an issue of possible divided loyalty to the United States. Title 32 C.F.R. 174.5, Adjudicative Guideline C, Foreign Preference, provides:

(a) The concern: When an individual acts in such a way as to indicate a preference for a foreign country over the United States, then he or she may be prone to provide information or make decisions that are harmful to the interests of the United States.

(b) Conditions that could raise a security concern and may be disqualifying include:

(1) The exercise of dual citizenship;

(2) Possession and/or use of a foreign passport;

(3) Military service or a willingness to bear arms for a foreign country

(4) Accepting educational, medical or other benefits, such as retirement and social welfare, from a foreign country;

(5) Residence in a foreign country to meet citizenship requirements;

(6) Using foreign citizenship to protect financial or business interests in another country;

(7) Seeking or holding political office in the foreign country;

(8) Voting in foreign elections;

(9) Performing or attempting to perform duties, or otherwise acting, so as to serve the interests of another government in preference to the interests of the United States.

(c) Conditions that could mitigate security concerns include:

(1) Dual-citizenship is based solely on parents' citizenship or birth in a foreign country;

(2) Indicators of possible foreign preference (e.g., foreign military service) Occurred before obtaining United States citizenship;

(3) Activity is sanctioned by the United States;

(4) Individual has expressed a willingness to renounce dual citizenship.

7. To illustrate the SEC evaluation process regarding dual citizenship, some examples that have arisen recently are provided below. SEC's goal is to maintain consistency in its determinations. There may appear to be many similarities between cases, however, individual circumstances vary greatly and may not be known to the hiring entity. While not all inclusive, the following examples give an indication of how such factors are evaluated and determinations made:

Example A: A subject derived foreign citizenship from his or her parents. In this case, SEC would examine whether or not the subject has exercised the foreign citizenship: by accepting educational, medical or social welfare benefits for himself/herself or family; possessing and using the foreign passport;

serving in the foreign military; working for the foreign government; etc. In the absence of the subject's exercising foreign citizenship, and if subject's current and past actions consistently demonstrated preference for and allegiance to the United States, then dual citizenship would not preclude a security clearance.

Example B: A subject only recently became a naturalized U.S. citizen through marriage and has no previous ties to the United States. In this case, SEC could not likely grant an immediate security clearance, since the demonstrated loyalty requirement could not be satisfied immediately. Eligibility for access could be reconsidered after a passage of time during which the subject would have the opportunity to clearly demonstrate preference for and unquestioned allegiance to the United States, and in the absence of any undue conflicting influence, as required by the referenced guidelines.

Example C: A subject was born in the U.S. as the child of foreign visitors. The subject left the U.S. in infancy, never returned and has no ties or history which indicates a preference for and allegiance to the United States. SEC would not have the background information required to grant a security clearance.

Example D: A subject is a naturalized U.S. citizen and dual national who is willing to relinquish his foreign passport but is not/not willing to renounce foreign citizenship of birth. The subject explains that the reason for this position is: (1) So that children can continue to enjoy free foreign education benefits; (2) For possible future employment opportunities; and (3) For foreign inheritance purposes: SEC would not be able to clearly determine the individual's preference for the United States, sufficient to grant a security clearance.

8. SEC will continue adjudicating security clearances pursuant to the "whole person" concept. The fact that a person holds citizenship with another country, as well as citizenship with the United States, does not automatically result in a security clearance denial. Conversely, the simple renunciation of foreign citizenship would not necessarily result in granting a clearance. An individual must demonstrate unquestioned allegiance to the United States, preference for the United States over any other country and also be free from any undue foreign influence. If this cannot be established, a security clearance cannot be granted. Where a newly naturalized citizen is seeking USAID employment, SEC may be unable to adequately investigate the person's background in the country of origin or elsewhere to make this determination. When SEC is unable to clear a new entrant, SEC will so inform HR, and HR will take steps to withdraw the offer.

9. Should SEC make an unfavorable determination on a security clearance, E.O. 12968 guarantees appeal rights to applicants and employees alike. In cases of appeal, the Agency's final clearance determination is rendered by a panel consisting of the Director of Security (D/SEC), the Deputy Assistant Administrator for Human Resources (DAA/M/HR) and the Assistant General Counsel for Ethics and Administration (GC/EA).

Information on the Agency's appeal process can be found in ADS 566.3.12.2.

10. Dual citizenship also presents an issue in the assignment of staff to overseas posts. For example, the Vienna Convention on Diplomatic Relations does not provide diplomatic privileges and immunities for dual nationals; most countries do not unilaterally grant such privileges and immunities. ADS 566.3.12.1 also describes the potential for exclusion from assignments due to conflicts of interest related to an individual's foreign connections.

11. Human Resources and appropriate Mission staff should ensure that these policies are made known to potential applicants at the earliest possible stage of the recruitment process.

Point of Contact: Any questions concerning this Notice may be directed to Jeff Denale, Branch Chief, SEC/PIDS/PS, (202) 712-1264.

Notice 0535

___End of Solicitation___