Solicitation -720BHA22R00055.pdf

SOLICITATION NUMBER: 720BHA22R00055

ISSUANCE DATE: January 31, 2023 CLOSING DATE AND TIME: March 17, 2023, 12:00 P.M. Eastern Time

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

Dear Prospective Offerors:

The United States Government (USG), represented by the U.S. Agency for International Development (USAID) is seeking offers from qualified persons to provide personal services under contract as described in this solicitation.

Offers must be in accordance with Attachment 1 of this solicitation. Incomplete or unsigned offers will not be considered. Offerors should retain copies of all offer materials for their records.

USAID will evaluate all offerors based on stated evaluation criteria. USAID encourages all individuals, including those from disadvantaged and under-represented groups, to respond to the solicitation.

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

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

Sincerely, Joy Burriss Contracting Officer

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

720BHA22R00055

Attachment 1

I. GENERAL INFORMATION

1. SOLICITATION NO.: 720BHA22R00055

2. ISSUANCE DATE: January 31, 2023

3. CLOSING DATE AND TIME FOR RECEIPT OF OFFERS: March 17, 2023, 12:00 P.M.

Eastern Time

4. POINT OF CONTACT: G3PC Recruitment Team, BHA.G3PCRecruitment@usaid.gov

5. POSITION TITLE: U.S. Mission to United Nations in New York (USUN) Humanitarian Advisor

6. MARKET VALUE: $136,035.00 - $176,842.00 equivalent to GS-14, includes locality pay.

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

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

Offerors who live outside the NYC Metropolitan area will be considered for employment, but no relocation expenses will be reimbursed.

7. PLACE OF PERFORMANCE: USAID/New York Relocation expenses will not be reimbursed for U.S.-based positions.

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

9. ELIGIBLE OFFERORS: U.S. Citizens Only

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

11. STATEMENT OF DUTIES

GENERAL STATEMENT OF PURPOSE OF THE CONTRACT

The Office of Global Policy, Partnerships, Programs, and Communication (G3PC) directs the Bureau’s leadership in global humanitarian policy, showcases BHA’s life-saving work through

2 | Page mailto:BHA.HBMORecruitment@usaid.gov strategic communication and information, and manages collaboration with external stakeholders, including public and private partners, international and multilateral organizations, non-governmental organizations (NGOs), academic institutions, and the U.S. Interagency. The office is organized into seven divisions, namely, Humanitarian Policy and International Systems;

Humanitarian Multilateral; Humanitarian Organizations and Partnerships; Private Sector Engagement, Diaspora, and Innovation; Global Capacity and Leadership Development; U.S.

Engagement, Strategy, and Programs; and Strategic Communications and Humanitarian Information.

Created in 1947 by the United Nations Participation Act, the U.S. Mission to the United Nations (USUN) in New York assists the President and the Department of State (DOS) in conducting U.S. policy at the UN. An important function of the U.S. United Nation (USUN) is to keep the DOS informed of events at the UN. The USUN officers report on meetings and make recommendations to DOS as to what course of action the U.S. should pursue. This information is also relayed to American Embassies overseas which have an interest in particular items under United Nation (UN) consideration. The USUN is also a link between the USG and the UN Secretariat. BHA maintains a humanitarian team at USUN to help provide humanitarian operational experience at the USUN, troubleshoot humanitarian issues with UN agencies in New York, help negotiate UN General Assembly (UNGA) and United Nations Economic and Social Council (ECOSOC) humanitarian resolutions, represent USAID and the USG interagency views and interests on humanitarian assistance issues and to report to the USG on the proceedings of UN activities.

The Humanitarian Advisor (HA) will be a part of the team of BHA Humanitarian Advisors based at the USUN offices in New York City. The HA serves as an authoritative source of information on humanitarian issues and humanitarian policy for the USUN Ambassadors and staff. They will help plan USUN strategies and responses to humanitarian crises, actively lobby members of UN delegations on U.S. positions on humanitarian issues, provide effective liaison with the UN Secretariat and the representational offices in New York of UN specialized agencies; negotiate resolutions in the UNGA and the ECOSOC, and anticipate and prepare documents, briefing memos and statements for the USUN Ambassadors for important meetings and events. The HA is expected to represent at senior levels within the UN and USG and will help further USG policy priorities in close coordination with USAID, the DOS and the USUN. The HA is expected to raise critical issues with the UN on behalf of USAID and other USG agencies.

BHA requires the services of a USUN HA to meet its objectives of humanitarian diplomacy, strategic planning, negotiating, and managing institutional relationships with actors at the USUN in New York.

STATEMENT OF DUTIES TO BE PERFORMED

The HA will provide expert analytical and advisory support for the planning, development, and execution of U.S. foreign policy within a broad and complex geographic or functional specialty area. The work requires applying a rigorous analytical approach to data that is often vague, unsubstantiated or contradicts existing knowledge. The HA will receive general guidance but will be expected to execute independent judgment and analysis.

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The work is complicated by the need to provide expert advice and guidance that influences the decisions and actions of senior policy officials and the need to quickly, accurately, and decisively determine the relevance and significance of information to the policy interests of the USG. It is further complicated by the need to produce widely disseminated analytical products that represent official assessments of complex issues and keep the policy-making and foreign affairs communities continuously informed of new issues and developments.

Contacts will be with the DOS and USAID employees at all levels, both in New York and Washington, as well as personnel at U.S. posts worldwide, senior analysts and officials in UN and other agencies, congressional staff, experts, and representatives of NGOs. The role requires significant interaction with foreign delegates, demanding strong diplomatic and communication skills to accurately represent U.S. positions in a complex multilateral setting. Contacts occur in a wide variety of planned and unplanned, formal and informal settings, including open meetings, conferences, and negotiating sessions, where the HA may be called upon to explain and defend U.S. positions. Although guidance on the U.S. position on specific issues will be provided, the HA may be called upon to handle unexpected inquiries. The HA post is organizationally located within G3PC, and with the USUN ECOSOC Section, while physically located at the USUN offices in New York City.

The HA’s duties and responsibilities will include the following:

● Serve as the authoritative USUN New York source of all humanitarian policy information for the U.S. Permanent Representative, other USUN Ambassadors and USUN staff.

● Serve as an active member of the USUN team and advise the U.S. Permanent Representative and the Representative and Deputy Representative to the ECOSOC on the initiation, formulation, and impact of policy positions and developments.

● Coordinate with the DOS and USAID to obtain detailed guidance on USG positions pertaining to UN resolutions.

● Work in coordination with the Team Lead (TL) to anticipate the needs of the Ambassadors regarding developments in the areas of humanitarian affairs and prepare analyses, briefings, documents, and meetings.

● Work in coordination with the TL to prepare Ambassadors to speak on critical subjects before the Security Council, UNGA, ECOSOC, and in other UN bodies.

● Assist the TL in analyzing and critiquing UN proposals for the Ambassador and DOS and, as necessary, draft, or negotiate alternative proposals.

● Identify, research, analyze, and develop recommendations on all issues and matters relating to humanitarian affairs and anticipate the need for such policy analysis.

● Develop recommendations for U.S. action and positions, including specific proposals to the U.S. Representative and other USG representatives for appropriate U.S. positions in the UN.

● Assist USUN and DOS Officers in the development of appropriate guidance and voting instructions and prepare policy speeches, briefing/background papers, and statements/talking points.

● Represent the U.S. in meetings of the UNGA, ECOSOC, and other UN bodies as directed; actively lobby members of other UN delegations and closely liaise with the UN

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Secretariat to develop consensus for U.S. positions; and negotiate resolutions, statements and agreements on relevant issues and matters under the guidance of the DOS’ Bureau for International Organizations.

● Negotiate humanitarian resolutions with other member states in the UN, on behalf of the

USG.

● Attend various UN, USUN, UN Office of Coordination of Humanitarian Assistance Donor Support Group (ODSG), Humanitarian Liaison Working Group (HLWG) and other meetings and provide authoritative information and views to formulate policies and coordinate strategies on policy issues.

● Enunciate USUN views and report on decisions taken.

● Initiate and maintain strong working relationships with staff at other diplomatic missions in order to promote consensus for voting, report on positions of other delegations, negotiate positions, and coordinate activities.

● Develop and maintain cooperative working relationships with other USUN components and relevant USG offices.

● Prepare the TL to answer relevant congressional and public inquiries and speak to various visiting groups through the USUN’s public affairs program and in consultation with

USAID.

● Support and provide back-up representation for development and post-conflict issues, including transition from relief to development, during the absence of other USUN officers.

● Represent BHA on specific humanitarian issues of concern with UN agencies in New York and convey demarche messages as needed.

● On behalf of BHA, attend key donor forums in New York, including but not limited to, the ODSG, HLWG, and country-specific working groups.

● Assist other USG agencies on areas of concern.

● Sign up for and serve as needed on Washington-based Response Management Teams

(RMTs), which provide services and support to DARTs deployed in response to disasters.

The duties on RMTs will vary.

● As needed, serve on DARTs which may require immediate (within 24 hours) deployment overseas for an extended period of time. During deployment on DARTs (if required), and during site visits, there may be some additional physical exertion including long periods of standing, walking over rough terrain, or carrying of moderately heavy items (less than 50 pounds). Work is primarily performed in an office setting. During deployment on DARTs (if required), and during site visits, the work may additionally involve special safety and/or security precautions, wearing of protective equipment, and exposure to severe weather conditions.

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

● Become certified and serve as an Agreement Officer’s Representative/Contracting Officer’s Representative (AOR/COR), as assigned. The AOR/COR provides financial and programmatic oversight of all aspects of managing the agreement or contract; this includes but is not limited to reviewing invoices, requests for approvals, program/project deliverables (i.e. work plans, annual reports, month status reports), travel requests, key

5 | Page personnel requests, and financial/budget reports. They are responsible for drafting and submitting the annual contractor performance evaluation in Contract/Assistance Performance Assessment Review System (CPARS/APARS). They prepare and review contract/assistance modifications documentation and assist the Contracting/Agreement Officer to ensure performance is compliant with the terms and conditions of the contract/agreement, the FAR, and USAID policy. AOR/CORs are responsible for all related requirements in the COR designation letter and the AOR designation letter.

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

● Create, contribute to, and maintain a collaborative and effective team environment while setting the tone and example for open communication and regular coordination; a work environment conducive to mutual respect; clear expectations for performance; and clear delegations of roles, responsibilities, and authority.

● Mentor team members to build technical and other professional skills which meet the professional goals of staff and the needs of BHA.

● Create a culture of civility and respect whereby both managers and employees are expected to behave professionally and cultivate a harassment free work environment at all times.

● Work with division and G3PC leadership to identify and address structural barriers to diversity, equity, inclusion, and accessibility in and across teams and divisions in the G3PC Office. Practice equitable supervision, task/project assignment, and leadership growth potential to all staff.

● Consistently model behaviors that demonstrate a commitment to fostering a non-hostile work.

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

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

SUPERVISORY RELATIONSHIP:

The USPSC will take direction from and will report to the USUN NY Team Lead/Senior Humanitarian Advisor, with guidance from the G3PC Office Director in USAID/BHA. The Humanitarian Advisor at USUN New York will receive general policy guidance from the U.S.

Permanent Representative to the UN, the U.S. Representative to ECOSOC, the State Department, and USAID.

SUPERVISORY CONTROLS:

Supervisor provides administrative directions in terms of broadly defined missions or functions.

The USPSC independently plans, designs and carries out programs, projects, studies or other work. Results are considered authoritative and are normally accepted without significant change.

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12. PHYSICAL DEMANDS

The work requested does not involve undue physical demands.

II. MINIMUM QUALIFICATIONS REQUIRED FOR THIS POSITION

EDUCATION/EXPERIENCE REQUIRED FOR THIS POSITION

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

High School diploma with a minimum of nine (9) years of relevant experience implementing programmatic responses in humanitarian emergency relief, humanitarian assistance, or immediate post-conflict environments. Experience coordinating with a USG agency or Public International Organization (PIO) and familiarity working on humanitarian policy issues is required.

OR

Bachelor’s degree in any discipline with a minimum of seven (7) years of relevant experience implementing programmatic responses in humanitarian emergency relief, humanitarian assistance, or immediate post-conflict environments. Experience coordinating with a USG agency or PIO and familiarity working on humanitarian policy issues is required.

OR

Master’s degree in any discipline with a minimum of five (5) years of relevant experience implementing programmatic responses in humanitarian emergency relief, humanitarian assistance, or immediate post-conflict environments. Experience coordinating with a USG agency or PIO and familiarity with working on humanitarian policy issues is required.

III. EVALUATION AND SELECTION FACTORS

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

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

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SELECTION FACTORS

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

● Offeror is a U.S. Citizen.

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

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

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

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

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

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

● Satisfactory verification of academic credentials.

OFFEROR RATING SYSTEM

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

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

Professional Experience (30 points):

Direct donor-based experience with:

● USG international humanitarian agencies such as USAID or DOS (3 points)

● Other international disaster response organizations (3 points)

Experience supporting humanitarian interventions in an international disaster context across the entire disaster management cycle to include:

● Emergency response (2 points)

● Early recovery (2 points)

● Disaster risk reduction (2 points)

Specific experience supporting humanitarian policy interventions including:

● Coordination efforts (1 point)

● Strategy development (1 point)

● Analysis of humanitarian policy response efforts (1 point)

● Resource prioritization (1 point)

● Program development (1 point)

● Program management (1 point)

● Specific experience supporting the negotiation of humanitarian resolutions (4 points)

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Experience:

● Representing a country or organization internally or externally (2 points)

● Briefing senior officials or government officials (2 points)

● Making decisions or recommendations on policy or programming issues (2 points)

● Coordinating with counterparts at other international organizations. (2 points)

Interview Performance (40 points) Timed Writing Test (20 points) Satisfactory Professional Reference Checks (10 points) Total Possible Points: 100

BASIS OF RATING: Offerors who meet the Education/Experience requirements and Selection Factors will be further evaluated in accordance with the Offeror Rating System. Those offerors determined to be competitively ranked may also be evaluated on interview performance and satisfactory professional reference checks.

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

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

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

IV. SUBMITTING AN OFFER

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

2. Offers must be received by the closing date and time specified in Section I, item 3, and submitted to the Point of Contact in Section I.

3. Offeror submissions must clearly reference the Solicitation number on all offeror submitted documents.

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

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

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

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

(d) U.S. Citizenship

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

Your resume must contain sufficient information to make a valid determination that you fully meet the experience requirements as stated in this solicitation. This information must be clearly identified in your resume. Failure to provide information sufficient to determine your qualifications for the position will result in loss of full consideration.

Additional documents submitted will not be accepted.

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

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

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

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

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

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

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8. NOTE REGARDING GOVERNMENT OBLIGATIONS FOR THIS

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

V. LIST OF REQUIRED FORMS PRIOR TO AWARD

The CO will provide instructions about how to complete and submit the following forms after an offeror is selected for the contract award.

Forms outlined below can be found at:

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

1. Resume.

2. USPSC Offeror Form (AID 309-2)

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

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

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

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

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

** Forms 3 through 7 shall be completed ONLY upon the advice of the Contracting Officer that an offeror is the successful candidate for the job.

VI. BENEFITS AND ALLOWANCES

As a matter of policy, and as appropriate, a USPSC is normally authorized the following benefits and allowances:

1. BENEFITS:

(a) Employer's FICA Contribution

(b) Contribution toward Health & Life Insurance

(c) Pay Comparability Adjustment

(d) Annual Increase (pending a satisfactory performance evaluation)

(e) Eligibility for Worker's Compensation

(f) Leave and Holidays

2. ALLOWANCES

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

(a) Temporary Lodging Allowance (Section 120).

(b) Living Quarters Allowance (Section 130).

(c) Post Allowance (Section 220).

(d) Supplemental Post Allowance (Section 230).

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(e) Separate Maintenance Allowance (Section 260).

(f) Education Allowance (Section 270).

(g) Education Travel (Section 280).

(h) Post Differential (Chapter 500).

(i) Payments during Evacuation/Authorized Departure (Section 600)

(j) Danger Pay. (Section 650)

ADDITIONAL ALLOWANCES

A housing reimbursement will be provided to cover 80% of direct housing costs up to $5,000 monthly or $60,000 annually. This subsidy is taxable.

VII. TAXES

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

VIII. USAID REGULATIONS, POLICIES AND CONTRACT CLAUSES PERTAINING

TO PSCs

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

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

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

2. PART 52 - SOLICITATION PROVISIONS AND CONTRACT CLAUSES

Subpart 52.2 - Text of Provisions and Clauses

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

CONTRACTORS, Alternate 70.

ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL

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

(a) Definition. As used in this clause -

United States or its outlying areas means—

(1) The fifty States;

(2) The District of Columbia;

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

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

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

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

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

(End of Clause)

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

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

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

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

LINE ITEMS

ITEM NO

(A)

SUPPLIES/SERVICES (DESCRIPTION)

(B)

QUANTITY

(C)

UNIT

(D)

UNIT

PRICE

(E)

AMOUNT

(F)

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

- Award Type: Cost

- Product Service Code: 497

- Accounting Info: [Insert from Phoenix]

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

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

- Award Type: Cost

- Product Service Code: 497

- Accounting Info: [Insert from Phoenix]

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

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

- Award Type: Cost

- Product Service Code: 497

- Accounting Info: [Insert from Phoenix]

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

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

- Award Type: Cost

- Product Service Code: 497

- Accounting Info: [Insert from Phoenix]

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

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

- Award Type: Cost

- Product Service Code: 497

- Accounting Info: [Insert from Phoenix]

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

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

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

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

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

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

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

6. PSC Ombudsman

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

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

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

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APPENDIX 1

USPSC PROVISION “MEDICAL EXPENSE PAYMENT RESPONSIBILITY (OCTOBER

2006) MEDICAL EXPENSE PAYMENT RESPONSIBILITY (OCTOBER 2006)

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

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

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

SERVICES.”

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

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

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

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

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

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

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

In the event of a medical emergency, when time does not permit consultation, the Mission Director may issue a Travel Authorization Form or Medical Services Authorization Form DS-3067, provided that the FSMP or Post Medical Advisor (PMA) is notified as soon as possible following such an issuance. The contractor must promptly file a claim with his or her medevac insurance provider and repay to USAID any amount the medevac insurer pays for medical travel, up to the amount USAID paid under this section. The contractor must repay USAID for medical costs paid by the medevac insurer in accordance with sections (f) and (g) below. In order for medical travel to be an allowable cost under General Provision 10, the contractor must provide USAID written evidence that medevac insurance does not cover these medical travel costs.

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

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

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

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

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

[End of Provision]

APPENDIX 2

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

(a) Annual Leave

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

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

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

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

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

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

(including 10 hours AL for the final pay

17 | Page period of a calendar year) over 15 years 8 hours of AL for each 2-week period

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

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

and/or

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

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

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

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

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

(ii) The end of the contract.

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

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

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

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

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

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

(i) The contractor must complete twenty-four (24) continuous months of service abroad under this contract, and must not have taken more than thirty (30) workdays leave (annual, sick, or LWOP) in the U.S., its commonwealths, possessions, or territories. The required service abroad will include the actual days in orientation in the U.S. (excluding any language training), travel time by the most direct route, and actual days abroad beginning on the date of arrival in the cooperating country. Any annual and sick leave taken abroad, excluding leave without pay (LWOP), will count toward the period of service abroad. Any days of annual and sick leave taken in the U.S., its commonwealths, possessions, or territories will not be counted toward the required twenty-four (24) months of service abroad.

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

(A) Two (2) years, or

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

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

(iv) If the contractor agrees to meet the continued performance conditions of paragraph (c)(1)(ii) of this clause and will be relocating to a different USAID Mission under a new USAID personal services contract immediately following the completion of home leave, the contractor may be granted twenty (20) workdays of home leave. USAID will provide the contractor these twenty days of home leave under this contract, not under the new contract.

(v) If home leave eligibility is based on paragraph (c)(1)(iv) of this clause, prior to departure on home leave, the contractor must submit to the contracting officer at the current Mission, a copy of the new contract with a special award condition in the contract Schedule indicating the contractor's obligation to fulfill the commitment for…