Sr._LA_-Solicitation_2015.docx

SOLICITATION NUMBER: SOL-621-15-000031

ISSUANCE DATE: JULY 1, 2015

CLOSING DATE: JULY 20, 2015 at 5:00pm local time in Dar es Salaam, Tanzania

POSITION TITLE: Senior Legal Advisor

MARKET VALUE: GS-15 Equivalent ($101,630 - $132,122 per annum) plus allowances, as applicable. The final compensation will be negotiated within the listed market value based on the successful candidate’s salary history, work experience and educational background.

PLACE OF PERFORMANCE: Dar es Salaam, Tanzania

PERIOD OF PERFORMANCE: This will be a one year intermittent Contract, where incumbent will work from both Tanzania and off-site as per agreed upon schedule.

AREA OF CONSIDERATION: USPSCs/Third Country Nationals

SECURITY ACCESS LEVEL: Employment Authorization

DIRECT SUPERVISOR: Resident Legal Officer

SUPERVISORY CONTROL: Minimum. Incumbent is expected to act independently with little direction.

POSITION DESCRIPTION: SENIOR LEGAL ADVISOR

I. BACKGROUND:

This is a twelve months intermittent PSC as a part of the surge capacity needs of the USAID/Tanzania Mission. The position is located in the Office of the Resident Legal Officer, which reports to the Mission Director, USAID/Tanzania.

The USAID Mission to Tanzania has been providing bilateral assistance to the Tanzanian people for more than 50 years. According to the World Bank, the more than 40 million Tanzanians are among the poorest people in the world and near the lowest decile in the UN Human Development Index. Although the second largest country in Africa, Tanzania’s capacity remains very limited and its needs are great. This combination of need and potential, as well as democratic elections and a willingness for partnership with donors, has attracted a high level of U.S. and other donor interest, assistance programs, and visitors. Consequently, the U.S. Government has substantially increased the level of USAID assistance to Tanzania.

With an annual operating year budget of almost $400 million, USAID/Tanzania is one of the largest bilateral assistance programs in the region and is now implementing all major U.S. assistance Initiatives, including: Global Health Initiative (GHI); President's Emergency Plan for AIDS Relief (PEPFAR); President’s Malaria Initiative (PMI); Feed the Future (FTF); Global Climate Change Initiative (GCCI); and the Power and Trade Africa initiative. USAID assistance is spread over many areas: healthcare (including infectious disease), food and agriculture, natural resources and environment, democracy and governance, energy and infrastructure and education. An increasing portion of assistance is now being programmed and implemented directly through the Government of Tanzania (GOT).

In addition, the Mission is launching new, 5 year, nearly $2 billion Country Development Cooperation Strategy (CDCS). The Mission anticipates the creation of new bilateral agreements to support the CDCS, as well as programmatic changes of direction. Many of the Mission’s activities are ending or close to ending and will require legal support during the transition to and implementation of the new CDCS direction as well as efforts to encourage more local solutions such as government-to-government (G2G) and local partners mechanisms.

The challenges and demands of over a hundred, multiple-initiative, high-profile activities on USAID Mission operations are great, causing heavy pressures on staff, lapses in due diligence, and delay in programs. The Mission now has an approved staff level of approximately 130 and yet remains under-capacity in relation to the size, breadth and complexity of the assistance programs. The demographics in the Mission staff reflect the overall staff demographics in the Agency, with very few staff with more than 10 years’ experience. Vulnerabilities are reduced when staffs’ experience or knowledge are more fully aligned with the requirements of the job.

USAID staff has responded with high levels of commitment and effort to make considerable progress; however, they face continuing challenges in meeting high expectations for rapid results. In response, USAID/Tanzania seeks a qualified legal specialist with experience in USAID’s legal and policy requirements and proven inter-personal and training skills to provide support to the Mission’s Resident Legal Officer (RLO).

II. BASIC FUNCTION OF THE POSITION:

The Senior Legal Advisor will report to and collaborate closely with the Mission’s RLO to provide support and advice to the Mission regarding legal and policy issues related to programming USAID funds including assisting with legal aspects of project approval processes, G2G requirements, project checklists and the legal sufficiency of program documents. In this position, incumbent must exercise an extremely high level of independent judgment and decision-making, as well as the ability to review and provide guidance on complex and sometimes contentious issues in a skilled, diplomatic, experienced and knowledgeable manner. Incumbent is also expected to work with a wide variety of Mission staff, including technical and support staff and senior management, as well as senior-level Embassy staff and Government of Tanzania representatives, and implementing partners, as necessary.

III. MAJOR DUTIES AND RESPONSIBILITIES:

(1) Provide guidance and direction to Mission technical offices on legal and policy considerations in the design and documentation for new projects and activities in the economic growth, education, democracy, rights and governance and health sectors.

(2) Work with Mission technical offices and support offices to review and sufficiently document necessary procurement extensions, legal justifications and other issues.

(3) Conduct special training for Mission staff, including for AORs and CORs, as requested on relevant legal or ethics issues using real life examples on topics such as ethics, how to draft justifications and waivers, conflicts of interest, truth in negotiations, appropriations law, unauthorized commitments, etc.

(4) Assist with revisions to key mission orders, streamlining efforts and other Mission documentation as needed.

(5) Provide full authority coverage for Mission RLO in the event the RLO is away from the office.

(6) Carry out other special tasks as assigned by the Mission RLO or Mission Director (or her/his designee).

OTHER SIGNIFICANT FACTS:

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

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

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

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

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

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

G. Available Guidelines: As per agency rules and regulations.

H. Exercise of Judgment: Incumbent must exercise an extremely high level of independent judgment and decision-making, as well as the ability to review and provide guidance on complex and sometimes contentious issues in a skilled, diplomatic, experienced and knowledgeable manner.

IV. REPORTING REQUIREMENTS/SUPERVISION:

The incumbent will be directly supervised by the Mission Resident Legal Officer (RLO), or by the Mission Director or designee if the RLO is on leave. Assignment specifics will be discussed collaboratively with the supervisor, but the incumbent will complete duties autonomously.

V. QUALIFICATIONS AND SELECTION CRITERIA MINIMUM QUALIFICATIONS

In order to be considered for the position, a candidate must meet the Minimum Qualifications listed below. Consideration and selection will be based on a panel evaluation of the Evaluation Factors. Additionally, interviews and writing samples may be requested only from the top scoring candidates. Please note that not all applicants will be interviewed or contacted. USAID will not pay for any expenses associated with the interviews unless expenses are pre-authorized. Reference checks may be conducted on those candidates selected for an interview. The applicant’s references must be able to provide substantive information about his/her past performance and abilities. Applicants are required to write a brief cover letter to demonstrate how prior experience and/or training addresses the Minimum Qualifications and Evaluation Factors listed below.

1. Cover Letter (should note date of availability to begin assignment in Tanzania)

2. Resume/ Curriculum Vita (CV)

3. Optional Form for Federal Employment (OF 612)

4. 3-5 References with contact information provided

5. Ability to obtain U.S. government employment authorization, in accordance with USAID hiring policy.

6. Satisfactory verification of academic credentials.

EVALUATION CRITERIA:

The following factors will be the basis for the evaluation of all applications. All applications will be evaluated based on the documentation submitted with the application. Applicants are required to provide a cover letter addressing how they meet the requirements of each criterion below and submit three to five professional references with complete contact information. Candidates will be evaluated and ranked based on the following selection criteria:

1. Education: (15 points)

JD (Juris Doctor)

2. Prior Work Experience: (30 points)

At least ten years of experience in with U.S. Government legal and policy requirements and proven inter-personal and training skills Experience in mentoring, training new hires, leading teams and supervisory skills, is desired.

3. Job Knowledge: (35 points)

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

4. Skills and Abilities: (20 points)

Excellent oral and written communications skills are required. Ability to review issues and apply thoughtful legal analysis on a wide range of legal and policy matters, such as project design and implementation, contracting and grant-making, public international law, investment and credit activities, and personnel and ethics matters is required. Detailed working knowledge of USG and USAID rules, regulations and policies is desired.

TOTAL POINTS: 100

VI. SELECTION FACTORS:

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

· Applicant is a US Citizen or a Third Country National;

· Completed and signed Federal Form OF-612 is submitted;

· Supplemental documents, especially a resume and/or additional information addressing the Evaluation criteria, is submitted; and

· Ability to obtain a security clearance or employment authorization clearance, as provided by USAID.

INSTRUCTIONS TO APPLICANTS:

Interested individuals are requested to submit fully completed and hand-signed copy of an Application for Federal employment (SF-171) or an Optional Application for Federal Employment Form (OF-612), cover letter and a current resume/curriculum vita (CV) containing the following information which clearly demonstrates their education, experience, knowledge, skills and abilities as they relate to the evaluation criteria.

Forms are (available at the USAID website, http://www.usaid.gov/forms/ or internet http://www.gsa.gov/Portal/gsa/ep/formslibrary.do?formType=ALL or at Federal offices). Applicants should note that the salary history for the purposes of the SF-171 or OF-612 is the base salary paid, excluding benefits and allowances such as housing, travel, educational support, vehicle use, etc.

NOTE: Submission of a resume alone IS NOT a complete application. This position requires the completion of additional forms and/or supplemental materials as described in this section. Failure to provide the required information and/or materials will result in your not being considered for employment.

This office must receive your application prior to the closing date and time specified in this solicitation in order for you to be considered for this position. Please note all applications must be signed – unsigned applications shall NOT be considered. Please reference the solicitation number on your application, and as the subject line in any cover letter.

Interested candidates should send above via the internet/email, submitted to USAID/Tanzania on email: daressalaampscsap@usaid.gov , or in case where email is not available, applications should be sent to the attention of the addresses indicated below:

* Please note that delivery times for the Department of State official pouch can vary, allow at least two weeks. USAID/Tanzania cannot be responsible for any delays in delivery through the official pouch.

To ensure that the application is considered for the intended position, please reference the solicitation number and title of position on your application and as the subject line in any cover letter.

VII. ADMINISTRATIVE REQUIREMENTS AND LOGISTICAL SUPPORT:

The TCN/USPSC will be entitled to receive the following benefits and allowances: BENEFITS

· Employer’s FICA and Medicare Contribution**

· Reimbursement toward Health Insurance

· Annual & Sick Leave **Not applicable for TCNs.

ALLOWANCES:

1. Temporary Lodging Allowance (Section 120)

2. Post differential (Chapter 500)

3. Payment of Per diem

SECURITY AND MEDICAL CLEARANCE: Medical clearances are required of TCN/USPSCs. For Security clearance, an Employment Authorization is required.

OTHER BENEFITS:

A) PSC will be paid per diem during travel status and receive compensatory time for assignment travel to post and for breaks required by VISA renewal.

B) LODGING is to be provided at the full service at the cooperating or US Government Furnished Equipment and Facilities in Dar es Salaam.

C) Bus shuttle services are provided to and from the lodging facility to the US Embassy in the mornings and evenings.

VIII. LIST OF REQUIRED FORMS FOR PSC:

Forms outlined below can be found at: http://www.usaid.gov/forms or at http://www.forms.gov/bgfPortal/citizen.portal

1. Application for Federal employment (SF-171) or Optional Application for Federal Employment (OF- 612 –Attached to this solicitation)

2. Contractor Physical Examination (AID Form 1420-62). *

3. Questionnaire for Sensitive Positions (for National

4. Security) (SF-86), or *

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

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

* Forms 2 through 5 shall be completed only upon the advice of the Contracting Officer that an applicant is the successful candidate for the job.

CONTRACT INFORMATION BULLETIN (CIBs) AND ACQUISITION AND ASSISTANCE POLICY DIRECTIVES (AAPDS) PERTAINING TO PSCS

AAPDs and CIBs contain changes to USAID policy and General Provisions in USAID regulations and contract. Those documents can be found at this website: http://www.usaid.gov/business/business_opportunities/cib/subject.html#psc

Additionally, AIDAR Appendix D can be found at: http://www.usaid.gov/policy/ads/300/aidar.pdf

ALL QUALIFIED APPLICANTS WILL BE CONSIDERED REGARDLESS OF AGE, RACE, COLOR, SEX, CREED, NATIONAL ORIGIN, LAWFUL POLITICAL AFFILIATION, NON-DISQUALIFYING HANDICAP, MARITAL STATUS, SEXUAL ORIENTATION, AFFILIATION WITH AN EMPLOYEE ORGANIZATION, OR OTHER NON-MERIT FACTOR.

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