SOLICITATION_FOR_ASEAN_AFFAIRS_PROGRAM_MANAGER,_GS-14.pdf

U.S. Agency for International Development American Embassy Annex Jl. Budi Kemuliaan I/1 – Jakarta Pusat 10110 – Indonesia Tel: (62 21) 3435-9000 Fax: (62 21) 386-0336

SOLICITATION NO: SOL-497-17-000004

ISSUANCE DATE: June 7, 2017 CLOSING DATE: June 23, 2017

4:00 PM JAKARTA TIME

SUBJECT: Solicitation for Offshore Hire U.S. Personal Services Contractor (USPSC) for the position of ASEAN AFFAIRS PROGRAM MANAGER

The United States Government, represented by the U.S. Agency for International Development (USAID), is seeking offers from qualified persons to provide personal services under contract as a ASEAN Affairs Program Manager described in the attached solicitation. The place of performance for this position will be in Jakarta, Indonesia.

Submissions to this solicitation shall be in accordance with the attached information, at the place and time specified. Incomplete, unsigned or late applications will not be considered. Applicants should retain for their records copies of all enclosures which accompany their applications. Applications received after the closing date and time contained in this solicitation will be considered late and will not be considered. USAID/Indonesia will not consider an extension to the submission deadline 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.

Any questions regarding this solicitation should be in writing and directed to the undersigned at jktrecruitmentpsc@usaid.gov.

Phone calls or e-mail to any address other than the one specified in this solicitation will not be accepted.

Sincerely, /s/

Nathan Drury Executive Officer USAID/Indonesia mailto:jktrecruitmentpsc@usaid.gov

SOL-497-17-000004

ATTACHMENT 1

I. GENERAL INFORMATION

1. SOLICITATION NO: SOL-497-17-000004

2. ISSUANCE DATE: June 7, 2017

3. CLOSING DATE/TIME

FOR RECEIPT OF APPLICATIONS: June 23, 2017 at 4:00 p.m. Jakarta time

4. POSITION TITLE: ASEAN Affairs Program Manager, USAID/Indonesia

5. MARKET VALUE: $88,136 - $114,578 equivalent to GS-14

Final compensation will be negotiated within the listed market value. Salary negotiations above the market range will not be considered.

6. PERIOD OF PERFORMANCE: The contract will be for 4 months, starting o/a

September 2017

7. PLACE OF PERFORMANCE: USAID/Indonesia, Jakarta, Indonesia, with possible travel as stated in the Statement of Work

8. SECURITY LEVEL REQUIRED: SECRET

9. AREA OF CONSIDERATION: U.S. Citizens

10. PHYSICAL DEMANDS: The work requested does not involve undue physical demands.

11. POINT OF CONTACT: Nathan Drury, Executive Officer, email:

ndrury@usaid.gov

12. STATEMENT OF DUTIES:

POSITION DESCRIPTION

A. OVERVIEW & BACKGROUND

USAID/Indonesia manages USAID’s direct assistance programs to the Association of Southeast Asian Nations (ASEAN) through its ASEAN Office. The ASEAN Office is responsible for the design, implementation, and management of programs providing direct support to ASEAN bodies, including in the areas of regional economic integration and trade, countering trafficking in persons, good governance, disaster preparedness, science and technology, and more.

mailto:ndrury@usaid.gov

The ASEAN-U.S. Strategic Partnership: In November of 2015, a Strategic Partnership was launched between the USG and ASEAN to build upon the common vision of durable peace, stability, and shared prosperity among member countries. It encompasses the three pillars of a political-security community, economic community, and socio-cultural community. The partnership is also aimed at narrowing the development gap among and within ASEAN member countries. There are five key areas of engagement: (1) economic integration, (2) maritime cooperation, (3) transnational challenges, (4) emerging leaders, and (5) women’s opportunities. USAID support to ASEAN touches all five areas.

Recently, the U.S. and ASEAN have increased engagement on many issues. Political and security discussions have focused on the role of the United States in maintaining peace and stability in the region, as well as on nuclear non-proliferation issues, regional security issues, and the Korean Peninsula. Economic engagement has seen the successful establishment of the ASEAN Single Window trade system. U.S.-ASEAN development cooperation has also focused on capacity building efforts in technology, education, disaster management, human rights, and trade facilitation.

The United States was the first non-ASEAN country (ASEAN Dialogue Partner) to name an Ambassador to ASEAN in 2008. In 2009, President Barack Obama called for the establishment of a permanent U.S. Mission to ASEAN. In June 2010, the United States became the first non-ASEAN country to establish a dedicated Mission to ASEAN in Jakarta.

DUTIES & RESPONSIBILITIES

The ASEAN Affairs Program Manager shall provide program oversight and liaises closely with ASEAN Office Director and USAID/Indonesia Mission Director for USAID/Indonesia’s ASEAN portfolio. He/she also ensures coordination with other stakeholders. The ASEAN Office provides management and fiduciary oversight for ongoing program activities, and leads the development of a new generation of assistance activities that aim to consolidate and extend past gains, and expand into new areas.

The incumbent will provide timely and accurate input, advice and technically supported direction to the Director of the ASEAN Office and senior Mission management including the Mission Director.

Under the supervision of the ASEAN Office Director, the Program Manager’s duties include:

1. When designated by the USAID/Indonesia Contracting Officer, he/she serves as a USAID Contracting Officer’s Representative (COR) or Agreement Officer’s Representative (AOR). In this capacity, he/she oversees the day-to-day management of such assigned awards under USAID/Indonesia’s ASEAN programs. He/she reports results to USAID/Indonesia and recommends changes when needed. He/she develops productive relationships with key contractors and other stakeholders to further the objectives of the programs.

2. Serves as the primary liaison to USAID/Indonesia from the U.S. Mission to ASEAN, reporting on ASEAN affairs including changes that impact programs, donor activities, member countries’ changing policies and attitudes, etc.

3. Serves as technical support on issues related to the implementation of the ASEAN support foreign assistance program and links these efforts to U.S. foreign policy with respect to ASEAN.

4. Designs, implements, and manages cost effective programs that produce meaningful results in these technical areas in accordance with U.S. government foreign policy, USAID/Indonesia policy, and best development practices.

5. Ensures proper coordination and integration of the portfolio into all USAID ASEAN programs and the activities of other U.S. government agencies, international organizations, and bilateral donors.

6. Determines appropriate budget levels for programs and projects within the ASEAN support portfolio and coordinates these decisions with USAID/Indonesia’s Program Office, Asia Bureau Strategic Planning Office (SPO), and other appropriate stakeholders.

7. Provides advice and analyses to the Director of the ASEAN Office, senior Mission management, etc. on topics related to his/her portfolio.

8. Works collaboratively with members of the ASEAN Office, USAID/Indonesia staff, the Department of State and its representatives in the embassies throughout the region, other U.S.

Government agencies, international, private sector, and non-governmental organizations, and foreign donors.

9. Develops and implements appropriate monitoring and evaluation systems to track effective use of USG resources and inform management decision making.

10. Develops appropriate strategies, strategic vision, and plans for informing the development of the USAID foreign assistance portfolio with ASEAN as well as other development objectives that may be decided upon in the future.

11. Establishes and coordinates collaboration with the private sector and other development partners in the ASEAN region with respect to activities supporting development in ASEAN and ASEAN member countries.

13. Serve as the acting ASEAN Office Director when needed, subject to the limitations of ADS 103.3.1.1

14. Provide mentorship and coaching to Mission staff when appropriate or when requested by the supervisor on topics relating to the USPSC area of expertise to enhance Mission staff’s technical and professional skills and abilities.

In performing the above duties and responsibilities, the incumbent may be required to travel internationally or within the region. Incumbent may also be required to travel to USAID/RDMA, Bangkok, Thailand for consultations with regional technical teams.

B. PERIOD OF PERFORMANCE/TIMING

This position will be a short term, 4-month contract to begin o/a September 2017 subject to required security and medical clearances.

C. POSITION ELEMENTS

1. SUPERVISION RECEIVED: The Program Manager will work under the general supervision of the USAID/Indonesia ASEAN Office Director. The ASEAN Office Director will assist the Program Manager to: 1) establish work objectives and performance measures;

2) review work outputs and accomplishments to ensure compliance with Agency policies and implementation of best practices; and 3) assess the Program Managers’ performance, seeking input from appropriate USAID/Indonesia, US Mission to ASEAN, and ASEAN cohorts. As the incumbent is expected to work with a high degree of independence, he/she must be able to establish priorities, adhere to and meet deadlines, and perform responsibilities and duties with minimal guidance and little or no follow up.

2. AVAILABLE GUIDELINES: The Program Manager is required to understand Mission and Agency specific policies and procedures that govern program activity management in addition to the USAID/Indonesia established administrative operating procedures, policies and formats. Oral guidance from the immediate Supervisor and specific detailed instructions will be given for carrying out unique assignments. The incumbent is required to be proactive in keeping abreast of evolving guidelines and policies that affect the activities of the ASEAN Office, including but not limited to the Automated Directives System, Mission Orders and Mission Notices, General Agency Notices, USG procurement regulations, and USAID program strategy and policy documents. In addition, the Mission Director, USAID/Indonesia ASEAN Office team members, Mission Support Teams (Financial Management, Executive Office, Procurement Office and Regional Legal Advisor), and counterparts in USAID/Washington are available as resources to provide advice and guidance.

3. EXERCISE OF JUDGMENT: In instances not clearly covered by written guidelines, the incumbent will use her/his personal judgment and ingenuity to devise 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 from ASEAN member countries, and coordinating multi sectoral efforts in support of USAID development 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 the Agency's Code of Ethics and Conduct, and applicable Federal and Agency regulations and policy.

4. AUTHORITY TO MAKE COMMITMENTS: The incumbent will have no independent authority to commit USG funds on behalf of the U.S. Government or the USAID/Indonesia, but may serve as a COR.

5. NATURE, LEVEL, AND PURPOSE OF CONTACTS: The incumbent will maintain solid working relationships with USAID Washington Offices, USAID/Indonesia and USAID Missions in the ASEAN region to function effectively. The incumbent is required to work closely with: 1) USAID Missions and U.S. Embassies in the Asia region, State Department, USTR and other USG agencies, 2) government officials, non-government officials private sector, media outlets, and other foreign donor institutions (i.e., Australia, DFID, JICA, GTZ and the EU as well as multilateral organizations like the World Bank, WHO, ADB, FAO, UNESCAP, etc.) in the region.

6. SUPERVISION EXERCISED: This position will have limited supervisory responsibilities, however the incumbent may serve as the acting ASEAN Office Director when needed, subject to the limitations of ADS 103.3.1.1

7. TIME REQUIRED TO PERFORM FULL RANGE OF DUTIES: The incumbent is expected to be able to perform the full range of duties immediately upon commencement of performance.

D. MEDICAL AND SECURITY CLEARANCE

The selected candidate must obtain and maintain a U.S. Government Secret level security clearance and a Department of State medical clearance. If such clearances are not obtained within a reasonable time or negative suitability issues are involved, any offer made may be rescinded. Details on how to obtain U.S. Department of State Medical Unit clearance will be provided once a job offer is made and accepted. You must be available to start work as soon as valid medical and security clearance are obtained.

E. FINAL OUT BRIEF REPORT

Submission of final out brief report by the Contractor to his/her Supervisor prior to departure. The final out brief report will summarize the activities undertaken and the result during the performance of the contract.

II. MINIMUM QUALIFICATIONS REQUIRED FOR THIS POSITION

In order to be considered for the position, applicants must submit an application in accordance with the guidance below – IV. APPLYING. Applicants who do not meet all of the minimum qualifications below are considered NOT qualified for the position. Further consideration and selection will be based on section III. EVALUATION AND SELECTION PROCESS.

1. Education: A Master’s degree in business, law, international development, public administration, political science, economics, or social science.

2. Work Experience: Minimum 7 years of work experience with the U.S. Government and/or other donors and/or implementing partners, or a combination thereof, with a demonstrated track record of increasing responsibility in the design, management, implementation, monitoring, evaluation, and/or reporting of development assistance activities.

III. EVALUATION AND SELECTION PROCESS

BASIS OF EVALUATION: Applications which clearly meet the Minimum Qualifications Required for this position will be evaluated and ranked based on the following Evaluation and Selection Factors. Those applicants who score the highest will be considered within the competitive range, and further evaluation may be conducted through interviews and/or a writing sample to determine the highest qualified applicant based on the factors. At USAID’s discretion, reference checks will be conducted as part of the evaluation process.

1. Education: 10 points Applicants possessing a Ph.D. or a 2nd Master’s degree in business, law, international development, public administration, political science, economics, or social science are desired.

2. Work Experience: 30 points Applicants possessing greater than 7 years of work experience, preferably with the U.S. Government or other donors and/or implementing partners, with a demonstrated track record of increasing responsibility in the design, management, implementation, monitoring, evaluation, and reporting of development assisting activities are desired. Experience working with senior leadership in multi-lateral organizations such as ASEAN, APEC, the East Asia Summit, ASEAN Regional Forum, or other regional forums is also desirable.

Experience working on regional development programs in relevant technical areas are preferred. This may include experience in policy, legal, regulatory, and institutional reform as related to transition economies, economic governance, regional integration, rule of law, poverty reduction, private sector competitiveness, and/or private sector development.

Experience working in developing countries, especially within the Asia, is desirable.

3. Skills and Abilities: 30 points

Applicants with a demonstrated ability to lead program negotiations and dialogue with host country officials while maintaining effective counterpart contacts are desired.

Demonstrated strong interpersonal and management skills with an ability to lead and work collaboratively with a range of professional counterparts while demonstrating persuasiveness, cross-cultural sensitivity, tact, and poise are desired. Excellent communication skills, as well as the ability to process complex technical information into cohesive, concise and easily understood documents are highly desirable.

4. Knowledge: 30 points

Applicants possessing a deep familiarity with economic development in Asia, East Asia, and/or Southeast Asia are desired. A strong working knowledge of the political systems, economies, social structure, and cultural endowments of developing countries in Southeast Asia is highly desirable.

Total: 100 points

Satisfactory Professional Reference Checks – Pass/Fail (no points assigned)

IV. APPLYING

A. In order to be considered complete, applications must include all of the below:

1. A completed and signed Form AID 302-3. Form is available at the USAID website, https://www.usaid.gov/forms ;

2. A cover letter of no more than 3 pages that demonstrates how the candidate’s qualifications meet the work requirements, as well as a statement on the applicant’s availability;

3. A curriculum vitae/resume which, at a minimum, describes education, relevant experience and career achievements;

4. Names, current and accurate contact numbers (e-mail and phone) of three professional references that have knowledge of the applicant’s abilities to perform the duties set forth in the solicitation;

B. MAILING ADDRESS

Interested candidates should send the above information to the attention of: Mr. Nathan Drury, Executive Officer, at one of the following addresses:

E-MAIL: jktrecruitmentpsc@usaid.gov (Subject: ASEAN Affair Program Manager)

U.S. MAIL

Mr. Nathan Drury https://www.usaid.gov/forms mailto:jktrecruitmentpsc@usaid.gov

Executive Officer American Embassy Annex Unit 8200 USAID

FPO AP 96520-8135

(allow 2 to 3 weeks for delivery)

INTERNATIONAL MAIL

Mr. Nathan Drury Executive Officer USAID/Indonesia American Embassy Annex Gedung Sarana Jaya, 8th floor Jalan Budi Kemuliaan I/1 Jakarta Pusat 10110, Indonesia (allow 2 to 3 weeks for delivery)

Electronic submissions will be accepted for this procurement. Please be advised that the US Government shall not be responsible for incomplete/corrupted or missing information in electronic submissions, and these applications may not be accepted. USAID will only confirm receipt and print out the electronic submission, USAID will not ensure quality or completeness of electronic files attached to e-mails. The applicant assumes all risk related to an electronic submission.

Applications must be received no later than the due date and time of this solicitation. Late applications or delayed electronic submissions will not be accepted.

C. MARKING INSTRUCTIONS

If mailing the application by U.S. or International mail, clearly mark envelopes (on top left side) containing applications as follows:

ASEAN AFFAIRS PROGRAM MANAGER

D. CLOSING DATE

Applications must be in the EXO Office, USAID/Indonesia, no later than June 23, 2017 at 4:00 p.m.

Jakarta Time.

V. LIST OF REQUIRED FORMS FOR PSC HIRES

Once the CO informs the successful Offeror about being selected for a contract award, the CO will provide the successful Offeror instructions about how to complete and submit the following forms.

1. Offeror Information for PSCs Form (AID 302-3)

2. Physical Examination (Form DS-6561)

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

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

5. Fingerprint Cards (SF-87) for two sets of finger prints

NOTE:

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

VI. BENEFITS/ALLOWANCES

1. BENEFITS:

Employee's FICA Contribution Contribution toward Health & Life Insurance Pay Comparability Adjustment Eligibility for Worker's Compensation Annual & Sick Leave

2. ALLOWANCES: as applicable.*

Temporary Lodging Allowance (Section 120) – N/A Living quarters (Section 130) Post Allowance (Section 220) – N/A Supplemental Post Allowance (Section 230) – N/A Separate Maintenance Allowance (Section 260) – N/A Education allowance (Section 270) – N/A Educational Travel (Section 280) – N/A Post differential (Chapter 500) – beginning of day 43.

Payments during Evacuation/authorized Departure (Section 600), and Danger Pay (Section 650) – N/A

VII. TAXES

USPSCs are required to pay Federal Income Taxes and contribute to FICA and Medicare.

VIII. USAID REGULATIONS, POLICIES AND CONTRACT CLAUSES

PERTAINING TO PSCs

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

1. USAID Acquisition Regulation (AIDAR), Appendix D, “Direct USAID Contracts with a

U.S. Citizen or a U.S. Resident Alien for Personal Services Abroad,”including contract clause “General Provisions,” available at https://www.usaid.gov/sites/default/files/documents/1868/aidar_0.pdf .

https://www.usaid.gov/sites/default/files/documents/1868/aidar_0.pdf%20.

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

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 .

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. GENERAL PROVISIONS CONTRACT CLAUSE

1. DEFINITIONS (JAN 2017)

(Pursuant to class deviation #M/OAA-DEV-AIDAR-17-2c)

(a) “USAID” shall mean the Agency for International Development.

(b) “Administrator” shall mean the Administrator or the Deputy Administrator of USAID.

(c) “Contracting Officer” shall mean a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer acting within the limits of their authority as delegated by the Contracting Officer.

(d) “Contractor” shall mean the individual engaged to serve under this contract.

(e) “Cooperating Country” shall mean the foreign country in or for which services are to be rendered hereunder.

(f) “Cooperating Government” shall mean the government of the Cooperating Country.

(g) “Government” shall mean the United States Government.

(h) “Local currency” shall mean the currency of the Cooperating Country.

(i) “Mission” shall mean the United States USAID Mission, or principal USAID office, in the Cooperating Country, or USAID/Washington (USAID/W).

(j) “Mission Director” shall mean the principal officer in the Mission in the Cooperating Country, or his/her designated representative.

(k) “Technical Officer” shall mean the USAID official to whom the contractor reports, and who is responsible for monitoring the contractor’s performance.

(l) “Tour of duty” shall mean the contractor’s period of service under this contract and shall include orientation in the United States (less language training), authorized leave, and international travel.

(m) “Traveler” shall mean--

(1) The contractor in authorized travel status or

(2) Dependents of the contractor who are in authorized travel status.

(n) Dependents means:

(1) Spouse or same-sex domestic partner.

(2) Children (including step and adopted children and children of same-sex domestic partners) who are unmarried and under 21 years of age or, regardless of age, are incapable of self-support.

https://www.usaid.gov/forms%20.

http://www.usaid.gov/work-usaid/aapds-cibs%20.

http://www.oge.gov/web/oge.nsf/OGE%20Regulations

(3) Parents (including step and legally adoptive parents) of the employee or of the spouse or same-sex domestic partner, when such parents are at least 51 percent dependent on the contractor for support.

(4) Sisters and brothers (including step or adoptive sisters or brothers) of the contractor, or of the spouse or same-sex domestic partner, when such sisters and brothers are at least 51 percent dependent on the contractor for support, unmarried and under 21 years of age, or regardless of age, are incapable of self-support.

(o) “U.S. Resident Alien”, as used in this contract, shall mean an alien immigrant, legally resident in the United States, the Commonwealth of Puerto Rico, or the possessions of the United States, and having a valid “Alien Registration and Receipt Card” (Immigration and Naturalization Service forms I-151 or I-551).

(p) Resident Hire U.S. Personal Services Contractor (PSC) means a U.S. citizen or resident alien who, at the time of hire as a PSC, resides in the cooperating country –

(i) for reasons other than employment that provides for repatriation to the U. S., including-

(A) with a U.S. government agency;

(B) under any U.S. government-financed contract or agreement; or

(C) under any other contract or employment arrangement.

(ii) as a spouse or dependent of a U.S. citizen with employment that provides for repatriation to the U.S., including –

(A) with a U.S. government agency;

(B) under any U.S. government-financed contract or agreement; or

(C) under any other contract or employment arrangement.

A U.S. citizen for purposes of this definition also includes persons who at the time of contracting are lawfully admitted permanent residents of the United States.

2. COMPLIANCE WITH LAWS AND REGULATIONS APPLICABLE ABROAD (JUL

1993)

(a) Conformity to Laws and Regulations of the Cooperating Country. Contractor agrees that, while in the cooperating country, he/she as well as authorized dependents will abide by all applicable laws and regulations of the cooperating country and political subdivisions thereof.

(b) Purchase or Sale of Personal Property or Automobiles. To the extent permitted by the cooperating country, the purchase, sale, import, or export of personal property or automobiles in the cooperating country by the contractor shall be subject to the same limitations and prohibitions which apply to Mission U.S.-citizen direct-hire employees.

(c) Code of Conduct. The contractor shall, during his/her tour of duty under this contract, be considered an “employee” (or if his/her tour of duty is for less than 130 days, a “special Government employee”) for the purposes of, and shall be subject to, the provisions of 18 U.S.C. 202(a) and the USAID General Notice entitled “Employee Review of the New Standards of Conduct” pursuant to 5 CFR part 2635. The contractor acknowledges receipt of a copy of these documents by his/her acceptance of this contract.

[See “Standards of Ethical Conduct for Employees of the Executive Branch” in accordance with 5 CFR2635, summarized by the US Office of Government Ethics.]

3. PHYSICAL FITNESS AND HEALTH ROOM PRIVILEGES (JAN 2010)

(a) Physical Fitness

(1) For all assignments outside of the United States the contractor and any authorized dependents shall be required to be examined by a licensed doctor of medicine and meet the requirements of this provision.

(2) For assignments of 60 days or more in the Cooperating Country, the Contracting Officer shall provide the contractor and all authorized dependents copies of the ``USAID Contractor Employee Physical Examination Form'' (AID 1420-62) and a letter to present to the examining physician. The contractor and all authorized dependents shall obtain a physical examination from a licensed physician, who will complete the form for each individual. The examining physician shall forward the original forms to the Department of State, Office of Medical Services (M/MED) as prescribed in the letter. The contractor and any dependents shall not travel until authorized by the Contracting Officer after receipt of clearance by the Office of Medical Services.

(3) For assignments of fewer than 60 days, the contractor shall obtain from the doctor a statement of medical opinion that, in the doctor’s opinion, the contractor is physically able to engage in the type of activity for which he/she is to be employed under the contract. A copy of the statement(s) shall be provided to the Contracting Officer prior to the contractor’s departure for the Cooperating Country, or for a U.S. resident hire, before he/she starts work under the contract. As an example, the doctor may choose to use the language of the doctor’s statement of medical opinion at the end of the form AID 1420-62 which identifies the contractor by name may be used to meet this requirement.

However, form AID 1420-62 is not required to be completed for contracts less than 60 days.

(b) Reimbursement. As a contribution to the cost of medical examinations required by paragraph (a) of this clause, the contractor will be reimbursed in an amount not to exceed half of the actual cost of the required basic examinations plus reimbursement of charges for immunizations. The reimbursement of half of the actual costs of the required basic examinations will be made after deducting any reimbursement the contractor receives for such examinations from the contractor's insurance company.

(c) Health Room Privileges Overseas After the contractor and dependents receive M/MED clearance, routine health room services shall be available in their overseas location. Procedures at the Health Room shall be in accordance with post policy at the post of duty. These services do not include hospitalization or pre-departure examinations. These services normally include such medications as may be available, immunizations and preventive health measures, diagnostic examinations and advice, and home visits as medically indicated. Emergency medical treatment is provided to U.S. citizen contractor employees and dependents, whether or not they may have been granted access to routine health room services, on the same basis as it would be to any U.S. citizen in an emergency medical situation in the country.

4. WORKWEEK AND COMPENSATION (PAY COMPARABILITY ADJUSTMENTS) (JUL

2007)

(a) Workweek. The contractor's workweek shall not be less than 40 hours, unless otherwise provided in the Contract Schedule, and shall coincide with the workweek for those employees of the Mission or the Cooperating Country agency most closely associated with the work of this contract. If the contract is for less than full time (40 hours weekly), the annual and sick leave earned shall be prorated (see the General Provision of this contract entitled Leave and Holidays).

(b) Compensation (Pay Comparability) Adjustments. The contractor's compensation shall be adjusted to reflect the pay comparability adjustments, which are granted from time to time to U.S.

direct-hire employees by Executive Order for the statutory pay systems (usually in January). Any adjustments authorized are subject to the availability of funds and shall not exceed that percentage stated in the Executive Order granting the adjustment. Further, the adjusted compensation may not exceed the annual “USAID Contractor Salary Threshold (USAID CST)”, which is equivalent to the maximum rate for agencies without a certified SES performance appraisal system (or the equivalent hourly rate).

5. LEAVE AND HOLIDAYS (DEC 2015)

(Pursuant to class deviation #M/OAA-DEV-AIDAR-16-1c)

(a) Annual Leave

(1) The contractor is not entitled to annual leave if the period of performance of this contract is 90 days or less. If the contract period of performance is more than 90 days, the contractor shall earn annual leave as of the start date of the contract period of performance as specified in paragraph (a)(2) below.

(2) The contractor shall accrue annual leave based on the contractor’s time in service according to the following table:

Time in Service Annual Leave (AL) Accrual Calculation 0 to 3 years Four hours of leave for each two week period over 3, and up to 15 years Six hours of AL for each two week period (including 10 hours

AL for the final pay period of a calendar year) over 15 years Eight hours of AL for each two week period

USAID will calculate the contractor’s time in service based on all the previous service performed by the contractor as a: 1) USAID PSC (i.e., the contractor has served under any USAID personal services contracts of any duration covered by Sec. 636(a)(3) of the FAA or other statutory provision applicable to USAID); and/or 2) former U.S. Government (USG) direct-hire, under either civilian and/or military service.

(3)

(i) AL is provided under this contract for the purposes of affording necessary rest and recreation during the period of performance. The contractor, in consultation with the USAID Mission or USAID/Washington, as appropriate, shall develop an AL schedule early in the contractor's period of performance, taking into consideration project requirements, employee preference, and other factors.

All AL earned by the contractor must be used during the contractor’s period of performance. All AL earned by the contractor, but not taken by the end of the contract, will be forfeited. However, to prevent forfeiture of AL, the Contracting Officer may approve the contractor taking AL during the concluding weeks of the contractor's period of performance.

(ii) As an exception to 3(i) above, the contractor may receive a lump-sum payment for leave not taken. To approve this exception, the contractor's supervisor must provide the Contracting Officer with a signed, written Determination and Findings (D&F). The D&F must set out the facts and circumstances that prevented the contractor from taking AL, and the Contracting Officer must find that these facts and circumstances were not caused by, or were beyond the control of, the contractor.

This leave payment must not exceed the number of days which could be earned by the contractor during a twelve-month period.

(4) With the approval of the Mission Director or cognizant AA, as appropriate, and if the circumstances warrant, a Contracting Officer may grant the contractor advance AL in excess of the amount earned, but in no case may the Contracting Officer grant advance AL in excess of the amount earned in one year or over the life of the contract, whichever is less. The contractor agrees to reimburse USAID for any outstanding balance of advance AL provided during the contractor’s assignment under the contract.

(5) Applicants for PSC positions will provide evidence of their PSC and/or USG direct-hire service -civilian and/or military experience, as applicable, on their signed and dated application form required under USAID policy. By signing the appropriate form, the applicant attests to the accuracy of the information provided. Any applicant providing incorrect information is subject to the penalty provisions in the form. If required to satisfy due diligence requirements on behalf of the Contracting Officer, the contractor may be required to furnish evidence that verifies length of service, e.g., SF 50, DD Form 214, and/or signed contracts.

(b) Sick Leave. The contractor may use sick leave on the same basis and for the same purposes as USAID U.S. direct hire employees. Sick leave is earned at a rate not to exceed four (4) hours every two (2) weeks for a total of 13 work-days per year. Unused sick leave may be carried over under an extension or renewal of this contract with the same individual for the same work. Otherwise, sick leave will not be carried over from one post to another or from one contract to another. The contractor will not be compensated for unused sick leave upon completion of this contract.

(c) Home Leave.

(1) Home leave is leave earned for service abroad for use only in the U.S., its commonwealths, possessions and territories.

(2) A USPSC who has served at least two years overseas at the same USAID Mission, under the same contract, as defined in paragraph (c)(4) below, and has not taken more than 30 work days leave (annual, sick or LWOP) in the U.S. may be granted home leave in accordance with the following: (i) if the USPSC returns to the same overseas post upon completion of home leave for an additional two

(2) years under the same contract, the USPSC will receive home leave, to be taken at one time, for a period of 30 work days; or if the USPSC returns to the same overseas post upon completion of home leave for such shorter period of not less than one year, as approved in writing by the Mission Director prior to the USPSCs departure on home leave, the USPSC will receive home leave, to be taken at one time, for a period of 30 work days.

(ii) if the USPSC is returning to a different USAID Mission under a USAID personal services contract immediately following completion of the USPSC's home leave, for an additional two (2) years under contract, or for such shorter period of not less than one (1) year, as approved by the Mission Directors of the "losing" and "gaining" Missions, the contractor will receive home leave, to be taken at one time, for a period of not more than 20 work days. When the PSC is returning to a different USAID Mission, the former Mission will pay for the home leave regardless of what country the PSC will be working in following the home leave;

(iii) if home leave eligibility is based on (c)(2)(ii) above, the USPSC must submit written verification to the losing Mission at the time home leave is requested that the USPSC has accepted a USAID personal services contract at another USAID Mission following completion of the home leave;

(iv) travel time by the most direct route is authorized in addition to the number of work days authorized for home leave;

(v) home leave must be taken in the U.S., its commonwealths, possessions or territories, and any days spent elsewhere will be charged to annual leave (AL.) If the PSC does not have accrued AL, the PSC will be placed on LWOP.

(vi) if the PSC does not complete the additional service required under (c)(2)(i) or (ii) (that the Contracting Officer finds are other than for reasons beyond the PSC's control), the cost of home leave, travel and transportation and any other related costs must be repaid by the PSC to the Government.

(3) Notwithstanding the requirement in paragraph (c)(2) above, that the USPSC must have served two (2) years overseas under personal services contract with the same Mission to be eligible for home leave, the USPSC may be granted advance home leave subject to all of the following conditions:

(i) Granting of advanced home leave would in each case serve to advance the attainment of the objectives of this contract; and

(ii) The USPSC has served a minimum of 18 months in the Cooperating Country under this contract;

and

(iii) The USPSC agrees to return to the Cooperating Country to serve out the remaining time necessary to meet two (2) years of service overseas, plus an additional two (2) years under the current contract or under a new contract for the same or similar services at the same Mission. If approved in advance by the Mission Director, the USPSC may return to serve out any remainder of the two (2) year requirement for service overseas, plus an additional period of not less than one (1) year under the current contract or under a new contract for the same or similar services at the same Mission.

(4) The period of service overseas required under paragraph (c)(2), or paragraph (c)(3) above, will include the actual days in orientation in the U.S. (less language training). The actual days overseas begin on the date of arrival in the cooperating country inclusive of authorized delays enroute.

Allowable annual and sick leave taken while overseas, but not LWOP, shall be included in the required period of service overseas. An amount equal to the number of days of annual and sick leave taken in the U.S., its commonwealths, possessions or territories will be added to the required period of service overseas.

(5) Salary during the travel to and from the U.S., for home leave will be limited to the time required for travel by the most expeditious air route. Except for reasons beyond the USPSC's control as determined by the Contracting Officer, the USPSC must return to duty after home leave and complete the additional required service or be responsible for reimbursing USAID for payments made during home leave. Unused home leave is not reimbursable under this contract, nor can it be taken incrementally in separate time periods.

(6) Home leave must be taken at one time, and to the extent deemed necessary by the Contracting Officer, an USPSC in the U.S., on home leave may be authorized to spend not more than five (5) days in work status for consultation at USAID/Washington before returning to post. Consultation at locations other than USAID/Washington as well as any time in excess of five (5) days spent for consultation must be approved by the Mission Director or the Contracting Officer.

(d) Home Leave for Qualifying Posts (HLQP). USPSCs who ordinarily qualify for home leave and have completed a 12-month assignment at one of the USAID qualifying posts (currently Iraq, Afghanistan and Pakistan) are entitled to take ten (10) workdays of leave in addition to the home leave an USPSCs is normally entitled to under the contract in accordance with sub-paragraphs (c)(1)

- (6) above. This additional home leave is provided pursuant to an amendment to the Foreign Service Act of 1980 signed by the President on June 15, 2006.

There is no requirement that an eligible USPSC take this additional leave; it is for optional use by the USPSC. If an eligible USPSC elects to take HLQP, the USPSC must take ten (10) workdays of home leave.

If the USPSC is returning to the United States and not returning overseas to the same or different USAID Mission, HLQP will not apply.

This new home leave policy is also extended to qualifying Third-Country National PSCs (TCNPSCs) who have an approved exception under AIDAR Appendix J, sec. 4(c)(2)(ii)(B), to apply specific provisions from AIDAR Appendix D, and whose contract includes this General Provision.

However, TCNPSCs will be granted "country leave" vice home leave. The application, requirements, and restrictions will be the same as for USPSCs, but the time taken by a TCNPSC will be taken in the TCNPSC's home country or country of recruitment rather than in the United States, its commonwealths and territories.

(e) Holidays and Excused Absences. The contractor shall be entitled to all holidays and or excused absences granted by the USAID to U.S. direct-hire employees.

(f) Military Leave. Military leave of not more than 15 calendar days in any calendar year may be granted to a contractor who is a reservist of the U.S. Armed Forces. The contractor must provide advance notice of the pending military leave to the Contracting Officer or the Mission Director as soon as known. A copy of any such notice must be part of the contract file.

(g) Leave Without Pay (LWOP). LWOP may be granted only with the written approval of the Contracting Officer or Mission Director, unless a USPSC is requesting for such leave for family and leave purposes under paragraph (i) below.

(h) Compensatory Time. Compensatory time leave may be granted only with the written approval of the Contracting Officer or Mission Director in rare instances when it has been determined absolutely essential and used under those guidelines which apply to USAID U.S. direct-hire employees.

(i) Family and Medical Leave (FML)

(1) USAID provides family and medical leave (FML) for eligible USPSCs working within the U.S., or any Territories or possession of the United States, in accordance with Title I of the Family and Medical Leave Act of 1993, as amended, and as administered by the Department of Labor under 29 CFR 825.

USAID is also extending FML to eligible USPSCs working outside the U.S., or any Territories or possession of the U.S., in accordance with this paragraph (i) as a matter of policy discretion.

(2) FML only applies to USPSCs, not any other type of PSC.

(3) To be eligible for FML, a USPSC must have been employed (i) for at least 12 months by USAID; and

(ii) for at least 1,250 hours of service with USAID during the previous 12-month period. The specific eligibility criteria and requirements are provided in USAID policy.

(4) In accordance with 29 CFR 825.200(a) and USAID policy, an eligible USPSC may take up to 12 workweeks of leave under FMLA, Title I, in any 12-month period for the following reasons:

(a) The care of the USPSC’s newborn child.

(b) The care of the USPSC’s newly placed adopted or foster care child.

(c) The care of the USPSC’s spouse, child or parent with a serious health condition.

(d) The USPSC’s own serious health condition.

(e) A qualifying exigency arising from the USPSC’s spouse, child or parent in active duty military status.

(f) Other qualifying exigencies as determined by the Department of Labor.

(5) In accordance with 29 CFR Part 825.207, the USPSC may take LWOP for FML purposes.

However, the USPSC may choose to substitute LWOP with accrued paid leave, including accrued annual or sick leave, or compensatory time earned under this contract. If the USPSC does not choose to substitute accrued paid leave, the CO, in consultation with the USPSC’s supervisor, may require the USPSC to substitute accrued paid leave for LWOP. The CO must verify the accuracy of the USPSC’s accrued paid leave request and obtain the required certifications for approval of FML in accordance with the stated USAID policy.

(6) FML is not authorized for any period beyond the completion date of this contract.

(7) When requesting FML, the USPSC must demonstrate eligibility to the USPSC’s supervisor by completing USAID’s FML request forms, including certifications and other supporting documents required by USAID policy.

(8) The U.S. Department of Labor’s (DOL’s) Wage and Hour Division (WHD) Publication 1420 explains the FMLA’s provisions and provides information concerning procedures for filing complaints for violations of the Act.

(j) Leave Records. The contractor shall maintain current leave records for himself/herself and make them available, as requested by the Mission Director or the Contracting Officer.

6. DIFFERENTIAL AND ALLOWANCES (JUN 1990)

(a) The following differential and allowances will be granted to the contractor and his/her authorized dependents to the same extent and on the same basis as they are granted to U.S. citizen direct-hire employees at the Mission by the Standardized Regulations (Government Civilians, Foreign Areas), as from time to time amended, except as noted to the contrary below:

Applicable Reference to Standardized Regulations

(1) Post Differential Chapter 500 and Tables in Chapter 900.

(2) Living Quarters Allowance Section 130.

(3) Temporary Lodging Allowance Section 120.

(4) Post Allowance Section 220.

(5) Supplemental Post Allowance Section 230.

(6) Payments during Evacuation Section 600.

(7) Education Allowance Section 270.

(8) Separate Maintenance Allowance Section 260.

(9) Danger Pay Allowance Section 650.

(10) Education Travel Section 280.

(1) Post Differential. Post differential is an additional compensation for service at places in foreign areas where conditions of environment differ substantially from conditions of environment in the continental United States and warrant additional compensation as a recruitment and retention incentive. In areas where post differential is paid to USAID direct-hire employees, post differential not to exceed the percentage of salary as is provided such USAID employees in accordance with the Standardized Regulations (Government Civilians, Foreign Areas) Chapter 500 (except the limitation contained in Section 552, “Ceiling on Payment”) Tables--Chapter 900, as from time to time amended, will be reimbursable hereunder for employees in respect to amounts earned during the time such employees actually spend overseas on work under this contract. When such post differential is provided to the contractor, it shall be payable beginning on the date of arrival at the post of assignment and continue, including periods away from post on official business, until the close of business on the day of departure from post of assignment enroute to the United States. Sick or vacation leave taken at or away from the post of assignment will not interrupt the continuity of the assignment or require a discontinuance of such post differential payments, provided such leave is not taken within the United States or the territories of the United States. Post differential will not be payable while the employee is away from his/her post of assignment for purposes of home leave. Short term employees shall be entitled to pose differential beginning with the forty-third (43rd) day at post.

(2) Living Quarters Allowance. Living quarters allowance is an allowance granted to reimburse an employee for substantially all of his/her cost for either temporary or residence quarters whenever Government-owned or Government-rented quarters are not provided to him/her at his/her post without charge. Such costs are those incurred for temporary lodging (temporary lodging allowance) or one unit of residence quarters (living quarters allowance) and include rent, plus any costs not included therein for heat, light, fuel, gas, electricity and water. The temporary lodging allowance and the living quarters allowance are never both payable to an employee for the same period of time. The contractor will receive living quarters allowance for payment of rent and utilities if such facilities are not supplied.