Solicitation No.7200AA23R00085 - Financial Management Officer (FMO)-FE.v2.pdf

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

SOLICITATION NUMBER: 7200AA23R00085

ISSUANCE DATE:

QUESTIONS DUE DATE:

June 16, 2023 June 30, 2023

CLOSING DATE:

CLOSING TIME

July 14, 2023

05:00 PM EDT

SUBJECT: Solicitation for Intermittent U.S. Personal Services Contractor (USPSC) –

Financial Management Officer (FMO) (Multiple Positions)

Dear Prospective Offerors:

The United States Government (USG), represented by the U.S. Agency for International Development (USAID), is seeking applications from qualified U.S. citizens to work overseas as a Financial Management Officer (FMO), as described in the below solicitation.

The Bureau for Management, Office of Chief Financial Officer (M/CFO), is hiring Financial Management Officers (CFO) under a United States Personal Services Contract (USPSC) on intermittent contracts basis to provide support when circumstances in a country necessitate an increase in staffing. The USPSCs will be a part of “Intermittent Team” and those serving in the team must be prepared to work abroad in USAID Missions, often with little time for preparations.

M/CFO intends to contract for these services for a minimum activation of 45 workdays to a maximum activation of 250 workdays during each contract year. Duration of deployments can be from two months to almost a full year (not to exceed 250 days). The Government contemplates awarding multiple (up to 10) contracts with one (1) base year and four (4) option years.

Submissions must be in accordance with the below attached information at the place and time specified. Applicants interested in applying for one of these positions MUST submit the following materials:

1. Complete resume. A complete resume must include all the following:

(a) All full-time paid positions, stating job titles, location(s), hours per week, and dates held (month/year), for each position (in US and overseas.) Unless stated otherwise, part-time hours will be prorated at 20 hours worked per week.

Unpaid, part-time and any experience that does not include dates (month/year) and locations will not be counted towards meeting the solicitation requirements.

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

(c) Names and contact information (phone and email) for all supervisors within the last

3 years.

Solicitation No.: 7200AA23R00085

(d) Education and any other qualifications including job-related training courses, job-related skills, or job-related honors, awards, or accomplishments.

2. Application form AID 309-2. Applicants are required to complete, sign and date the form. The AID 309-2 form can be found at: http://www.usaid.gov/forms. Unsigned application forms and/or late applications will be rejected.

Applicants can expect to receive a confirmation email when application materials have been received. Applicants must e-mail their complete resume and application forms to:

Kisha Redcross at kredcross@usaid.gov with a copy to Massoud Ahmad at mahmad@usaid.gov.

By submitting application materials, applicants certify that all the information in application is true and made in good faith. Applicants agree to allow all information provided in their application to be investigated. False or fraudulent information provided in the application shall result in an applicant’s elimination from this competition or if discovered after award, shall be terminated, and may be punished by applicable laws.

Applicants must reference the solicitation number 7200AA23R00085 in their applications, and all emails related to this solicitation.

Any questions on this solicitation may be directed to Kisha Redcross at kredcross@usaid.gov with a copy to Massoud Ahmad mahmad@usaid.gov; no later than 5:00 pm on June 30, 2023.

Sincerely, Massoud Ahmad Contracting Officer

M/OAA/RM/AEM

MASSOUD

AHMAD

(affiliate)

Digitally signed by

MASSOUD AHMAD

(affiliate) Date: 2023.06.16 14:53:42 -04'00'

ATTACHMENT 1

I. GENERAL INFORMATION

1. SOLICITATION NO.: 7200AA23R00085

2. ISSUANCE DATE: June 16, 2023

3. CLOSING DATE AND TIME FOR

RECEIPT OF OFFERS: July 14, 2023, 05:00 PM EST

4. POINT OF CONTACT: Kisha Redcross at kredcross@usaid.gov Copy Massoud Ahmad at mahmad@usaid.gov

5. POSITION TITLE: Financial Management Officer (FMO)

6. MARKET VALUE:

7. PLACE OF PERFORMANCE:

This position has been designated at the GS-15 equivalent level; non-locality pay ($117,518 - $152,771). 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 alternate worksite if approved for remote work. USPSCs performing overseas are not entitled to Locality Pay.

Worldwide

Relocation expenses will not be reimbursed for US Based Positions.

Overseas USPSCs may be authorized to telework or remote work only from a location within the country of performance, in accordance with Mission policy. Telework or remote work from outside the country of performance may only be authorized in certain situations in accordance with the terms and conditions of the contract.

8. PERIOD OF PERFORMANCE: Performance will be intermittent with a base period of (1) one year, estimated to start on [TBD]. Based on Agency need, the Contracting Officer may exercise (an) additional (4) four option period(s) estimated as follows:

Base Period TBD Option Period 1, Contract Year 2 TBD Option Period 2, Contract Year 3 TBD Option Period 3, Contract Year 4 TBD Option Period 4, Contract Year 5 TBD

9. ELIGIBLE OFFERORS: United States Citizens

10. SECURITY LEVEL REQUIRED: Secret

11. STATEMENT OF DUTIES:

A. BACKGROUND

The Controller Surge Support Team (CSS Team), which is a staff services support function embedded in the Bureau for Management, Office of Management Services, Overseas Management Division, (M/MS/OMD), is hiring Financial Management Officers, (FMOs) who will be U.S.

Personal Services Contractors (USPSCs) on intermittent contracts; providing rapid response to urgent demands, additional specialized skills, or requests for services that cannot otherwise be accomplished in a country where personnel have been displaced due to security issues, or where there has been a surge of activity that exceeds the capacity of that Mission’s personnel. The USPSCs will be a part of the CSS Team and those serving on the team must be prepared to work abroad in USAID missions and embassies, often with little time for preparations.

CSS Team intermittent USPSCs are expected to deploy a minimum of 45 workdays days per contract year to remain active CSS Team Bullpen members. Deployments can be for any period of time from 2 months to almost a full year (not to exceed 250 days). The CSS Team is seeking highly motivated, highly qualified individuals with the desire to help support USAID missions abroad when faced with a natural disaster, political instability or turmoil, internal conflict or otherwise in need of surge support due to some unforeseen circumstance. This team provides specialized, surge and crisis staffing to USAID missions throughout the world with a full range of specialized expertise. As a member of the CSS Team of responders, the USPSC FMOs would be available at short notice to provide medium to long-term management and leadership assistance to USAID missions with pressing staffing and talent needs.

USPSCs are considered employees of USAID for all purposes except programs administered by the Office of Personnel Management (OPM) – such as federally sponsored health insurance, life insurance, and retirement benefits. However, there are several other similar benefits that USPSCs may participate in, such as partial reimbursement for health and life insurance costs, as well as full coverage of workers’ compensation, among other benefits. For more complete information on USPSC benefits, please see section VI of this solicitation.

B. INTRODUCTION

The FMO is a key business advisor, skilled in applying strategic planning and policy formulation tools to develop and implement financial management solutions supporting the USAID Mission and its program objectives overseas. The scope of an FMO’s responsibilities will be determined by the size and complexity of a USAID Mission and the scope of country and regional programs.

CSS Team intermittent FMOs serve USAID client Missions as senior financial management officers, providing the full range of business management, analysis, and planning services, covering the full range of overseas program activities including financial advisory services to Mission management and staff. Additionally, the incumbent will be involved in the full range of Financial Management functions, including Phoenix accounting, budgeting, funds control, audit management, financial analysis, program design, and financial reporting. The FMO will serve as the Authorized Certifying Officer as required situationally.

The Financial Management Officer PSC is an intermittent position. The PSC hired under this solicitation will provide up to a maximum of 250 workdays of services on an annual basis.

Annualized salary is determined by the number of activation days multiplied by your daily rate.

The location of activation will determine if allowances are applicable and the rate as published in accordance with the Department of State Standardized Regulations (DSSR).

The specific projects, as well as dates, number of days and locations to be worked will be determined by mutual agreement between the Contractor and the USAID Controller Surge Support Supervisor according to the requests made to M/CFO by USAID overseas Missions. There is no obligation by M/CFO to provide assignments for a minimum number of days, and the contractor will be free to provide “blackout” dates during which he/she will not be available to accept any assignments.

Upon identification of a temporary need within the scope of work, M/CFO will contact the contractor and provide the following information:

1. Date contractor is needed to report to M/CFO for assignment in the field

2. Duration of Assignment

3. Place of Performance

The contractor will notify M/CFO whether he/she is available for the assignment within five business days. At the time the contractor accepts the assignment, he/she is expected to commit for the duration of the assignment, unless other agreements have been reached with the requesting mission.

While the contractor will be required to commit to a certain time period, it is understood that the exigencies of a crisis may require the assignment to be curtailed or extended (not to exceed 250 days per year). The contractor shall notify M/CFO at the time of commitment if his/her existing schedule would preclude an extension. Notification of schedule conflicts shall not necessarily disqualify the contractor from the assignment but will simply assist M/CFO in recruiting a replacement. Subsequently, if unforeseen circumstances arise, and the contractor needs to curtail the assignment and leave post, the contractor must receive approval from M/CFO and the Mission prior to departure.

As services provided by the contractor are on a temporary, on-call basis, health and life insurance reimbursements will be provided on a prorated basis based on the number of days during which the contractor actually provides services, provided that they are eligible for these reimbursements.

C. OBJECTIVE

The purpose of the work is to plan and carry out administrative programs that are vital to USG interests in the country of assignment and in the Region. The work involves determining the soundness of Mission management of programs and plans; developing and establishing new approaches and methods for use by the Mission of assignment and/or Missions throughout the Region; resolving problems that are critical to the accomplishment of important Agency objectives; providing authoritative advice and technical assistance to the Mission; or, developing or revising standards for use in developing and administering Mission programs. The Intermittent FMOs recommendations affect programs that are essential to the long-term mission of the Agency.

The work includes broad functions and processes found in USAID Financial Management Offices worldwide and as described in the USAID Automated Directive System (ADS) chapter 590 – 596 inclusively. These include a wide variety of duties requiring many different and unrelated processes and methods applied to a broad range of audit and financial management activities.

Assignments are characterized by unusual breadth, and normally involve several phases of the work being pursued concurrently with support from within and outside the organization. Decisions regarding what needs to be done include largely undefined issues and elements, requiring extensive analysis to determine the nature and scope of problems encountered. The work requires the Interim FMO to establish new concepts, theories, or programs and considerable effort to resolve previously unyielding problems.

D. CORE FUNCTIONAL AREAS OF RESPONSIBILITY:

The Financial Management Officer's responsibilities may include the following:

Advising the Mission Director on internal Mission financial and risk management matters requiring his/her action or attention and interacting with senior Mission and Post management to implement policies and procedures governing Mission operations, particularly where Mission-specific guidance is not developed.

Actively participating on Mission program activity teams. FMOs are expected to provide general financial advice to project teams beginning with the pre-planning stages, and through initiation, implementation, monitoring, evaluation stages, to assure project management teams and implementing partners can meet project goals with resources on hand and to ensure that project activities are managed in compliance with USAID regulations.

Collaborate with the Mission’s Program and Technical Offices in formulating the annual budget resource requirements and administer the Mission’s OE budget.

As required and in coordination with EXO, represent Mission oversight of administration of the ICASS program, collaborating closely with the Department of State (DOS), and other Agency management personnel to ensure accurate and timely shared services cost allocation.

Coordinate with Legal Officers and EXO’s regarding implementation of the USAID ethics program, related training, and the Office of Government Ethics (OGE) 450 and OGE 278 submissions.

Providing closeout support to Missions, including review of and input into closeout plans.

(Closeout support may require lengthy deployments during the final months of any Mission closeout.).

Supporting start-up missions to set up Financial Management Office services.

Providing coverage during absence of assigned Financial Management Officers to assure that FMO operations are running smoothly.

Provide a full range of financial services including development of budgets and financial plans;

control and track obligations and expenditures; preparation and audit of payment vouchers;

administration of payroll plans; salary, benefits, and allowance payments; cashier operations;

local currency management and programs; and act as an authorized certifying office for the disbursement and collection of funds.

Provide financial management advisory services to assist managers in program decision-making and planning by analyzing financial aspects of various strategies, programs, and activities so that managers can determine the best use of limited resources.

Conduct financial reviews and assessments, and provide organizational capacity development to foreign governments at all levels, non-governmental organizations, and local entities on their financial management and organizational practices by assessing, providing recommendations and aiding in implementation of industry-recognized best practices in accordance to various laws and regulations.

Develop self and lead other members of the Financial Management Workforce to assume increasing levels of responsibility and technical acumen within their respective roles.

Prepare and communicate financial or regulatory reports required by laws, regulations, and Agency policies and directives.

Develop and maintain relationships with both internal and external leaders, leading representatives of foreign governments, state or legislative executives, and public, international, other donor, and non-governmental organization personnel to facilitate financial activities. Coordinate with USAID legal, contracting, technical, executive, and inspection offices when appropriate.

Coordinate and lead the internal controls assessment and review process, audit performance and compliance management, and develop controls for the prevention of fraud, waste, and mismanagement.

Maintain current knowledge of federal policies and directives, and current accounting standards.

CSS Team intermittent FMOs, from time to time, will assume the role of “mentor” to new USDH

FMOs assigned to missions. Specifically, the intermittent FMO will provide training and guidance to the new FMOs in order to meet the following objectives:

Improve and expand technical subject matter expertise in BS-04.

Obtain an in-depth understanding of the FMO functions in relation to US foreign assistance delivery, concentrating on USAID’s structure and functions both internally and externally with implementers, host country governments and other donors.

Experience and gain an understanding of the overseas work environment and institutional culture of USAID.

Strengthen the officers’ intercultural skills both within the workplace and the local environment.

Expand the officers’ management and leadership skills.

SUPERVISORY RELATIONSHIP:

The Financial Management Officer (USPSC) will take direction from and will report to the CSS Team Program Manager when not on assignment, and when activated, to the Chief of Mission, Mission Director, Deputy Mission Director or his/her designee.

SUPERVISORY CONTROLS:

The Mission supervisor will set overall objectives. The USPSC and the Mission supervisor together will develop deadlines, projects, and work to be accomplished. The USPSC is expected to take initiative, act independently, and manage his/her tasks with minimal supervision.

12. PHYSICAL DEMANDS

Work is primarily performed in an office setting. The requirement for temporary duty assignments to consult with implementing partners may, however, may expose the successful candidate to difficult working surroundings and security risks during the course of travel.

13. WORK ENVIRONMENT

The incumbent will be based at USAID headquarters in Washington, DC. While in the post of assignment, work is generally performed in an office environment, the position may require travel to the regions where USAID works, which may involve special safety and/or security precautions.

II. MINIMUM QUALIFICATION REQUIRED FOR THIS POSITION

The following criteria determine basic eligibility for the position. Applicants who do not meet all of the selection factors are considered NOT qualified for this position and will not be evaluated.

U.S. Citizen English fluency Complete resume submitted. See cover page for resume requirements. Experience that cannot be quantified will not be counted towards meeting the solicitation requirements.

USPSC Application form AID 309-2. Applicants are required to complete sections A through I. This form must be physically signed. Electronic signatures will not be accepted.

Must not appear as an excluded party in the System for Award Management (SAM.gov) or Office of Foreign Assets Control (OFAC) Sanctions List.

Able to obtain and maintain a Secret Security Clearance and up to a Top-Secret Security Clearance as provided by USAID based on programmatic needs.

Able to obtain and maintain a Medical Clearance. Satisfactory verification of academic and training credentials.

EDUCATION/EXPERIENCE REQUIRED FOR THIS POSITION

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

At a minimum, the applicant must have:

A Bachelor's Degree with at least twelve (12) years of progressively responsible work experience in international development with eight (8) years of relevant overseas experience.

OR

A Master’s Degree with at least nine (9) years of progressively responsible work experience in international development with six (6) years of relevant overseas experience.

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 offerors 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 rates offers. The FAR Provisions referenced above are available at: https://www.acquisition.gov/browse/index/far

Only Applicants who meet the minimum requirements selection factors below, will be evaluated.

• Must be a U.S. Citizen.

• Must meet the education requirement and have a minimum of 1 year GS-14 equivalent relevant work experience.

• Must submit a complete resume. See cover page for resume requirements. Experience that cannot be quantified will not be counted towards meeting the solicitation requirements.

• Must provide verifiable academic credentials.

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

• Must eligibility and able to obtain a SECRET level security clearance (NOTE: Dual citizens may be asked to renounce second-country citizenship). Security clearance will only be initiated for the selected Applicant.

NOTE: If a full security investigation package is not submitted by the selected candidate within 30 days after it is requested, the offer may be rescinded. USAID will initiate the security clearance process once the successful candidate provides all the required information. If after USAID initiates the security clearance request, and the successful Applicant is not able to obtain clearance within four (4) months, the offer may be rescinded.

Phase 1 - Initial Evaluation

Required from applicants: Resume and a 1-page summary highlighting experience most relevant to the position.

With the work statement as context, USAID will evaluate the information submitted by responsive applicants against evaluation factors and will use a confidence methodology to assess USAID’s level of confidence that the applicant will successfully perform all contract requirements.

The possible ratings are:

• High Confidence. USAID has high confidence that the offeror understands the requirement and will be successful in performing the contract.

• Some Confidence. USAID has some confidence that the offeror understands the requirement and will be successful in performing the contract.

• Low Confidence. USAID has low confidence that the offeror understands the requirement or will be successful in performing the contract.

The following evaluation factors have equivalent weight:

Knowledge:

Demonstrated experience working and communicating with U.S. Embassies, other international organizations providing transition or development assistance programming overseas, and/or foreign governments to ensure an organization’s financial management and internal control systems and procedures are most effective and support the organization’s achievement of critical, high-profile objectives.

Excellent communication, writing, analytical and social/interpersonal skills, demonstrating diplomacy and an ability to communicate and represent a US Government organization’s mission, core values and ethos diplomatically to key partners, stakeholders and beneficiaries both within and outside the USG, within the US and overseas, with host government officials, USG implementing partners, and others from all walks of life.

Skills and Abilities:

Demonstrated ability starting up, managing, and closing out large and small office financial management functions including mentoring support teams in difficult overseas environments.

Deep knowledge and experience with the broad skill set required to manage the overall financial operations of a USAID operation including but not limited to funds control, year-end procedures, payment cycle, generally accepted accounting principles, OE budgeting within the USAID business cycle, financial analysis, pipeline management, forward funding principles, ICASS budgeting and funding, all aspects of financial reporting and all other necessary functions.

A customer service-oriented team player, who also has a keen ability to operate independently and with self-sufficiency if necessary, in complex situations.

Education and Training:

An advanced degree in Public Administration, Business, Finance, Accounting, Management or related field.

Cultural and Language Abilities:

Familiarity with the politics, economics, history and cultural mores of at least one region of the developing world gained through education and/or experience.

Demonstrated ability to utilize a major foreign language (e.g. French, Spanish, Arabic, Russian) in the course of conducting business with local partners.

Phase 2 - Evaluation of Shortlisted Candidates

Individuals for whom USAID has an overall High Confidence assessment will be shortlisted candidates. Consideration of all shortlisted candidates will continue under Phase 2, except USAID may limit the number of applicants to the greatest number that will permit an efficient competitive selection process.

Should there be no applicants for whom USAID has an overall High Confidence assessment, USAID may, at its discretion, consider shortlisting some applicants for whom USAID has high confidence in one or more evaluation factors, but an overall Some Confidence assessment.

Shortlisted candidates may be invited to interview and to provide references and a writing sample. These will be used by USAID to complete its evaluation of shortlisted candidates. Please note that not all applicants will be interviewed or contacted. Only the top-scoring candidates will be invited for an interview. USAID will internally determine the criteria of what constitutes the top-scoring Applicants. The top-scoring Applicant(s) may be interviewed in person or virtually.

USAID will make the job offer to the highest ranked candidate considering Phases I & II.

USAID reserves the right not to interview a candidate at all or before making an offer. USAID will not pay for any expenses associated with the interviews unless the expenses are pre-authorized.

Reference checks will only be conducted for the highest ranked Applicant. If an applicant does not wish USAID to contact a current employer for a reference check, this should be stated in the Applicant’s application. Please be advised that after consideration, professional references may be obtained independently from other sources in addition to the ones provided by an offeror.

Reference checks will be scored either as pass or fail with no points assigned. An Applicant with unsatisfactory reference feedback will not be considered for award.

IV. SUBMITTING AN OFFER

Submission of a résumé alone IS NOT a complete application. This solicitation 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 application not being considered.

Interested individuals meeting the Minimum Qualifications under Section II above are required to submit the following:

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 https://www.usaid.gov/forms

2. Offers must be received by the closing date and time, and to the Point of Contacts specified on the cover page and Attachment 1.

3. Offeror submissions must clearly reference the solicitation number on all submitted documents. Offers must be received by the closing date and time at the address specified in the solicitation.

4. The most recent Curriculum Vitae (CV) or resume of not more than three (3) pages. The CV/resume must contain relevant information that documents experience, qualifications, and skills.

5. Reference List (one page) – The Applicant must provide at least three (3) professional references who are not family members or relatives, with complete name, title, organization where he/she works, description of relationship, with working/accurate telephone number and e-mail address. The applicant’s references must be able to provide substantive information about his/her past performance and abilities. Reference checks will be conducted only for the selected applicant.

6. By submitting application materials, offerors certify that all the information in application is true and made in good faith. Offerors agree to allow all information provided in their application to be investigated. False or fraudulent information provided in the application shall result in an offeror’s elimination from this competition or if discovered after award, shall be terminated, and may be punished by Applicable laws.

V. LIST OF REQUIRED FORMS PRIOR TO AWARD

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

Forms outlined below can be found at:

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

1. Declaration for Federal Employment (OF-306)**

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

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

4. Fingerprint Card (FD-258)**

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

** Forms listed above 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) Annual and Sick Leave

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) Post Differential Chapter 500 and Tables in Chapter 900

(b) Living Quarters Allowance Section 130

(c) Temporary Lodging Allowance Section 120

(d) Post Allowance Section 220

(e) Supplemental Post Allowance Section 230

(f) Payments During Evacuation Section 600

(g) Education Allowance Section 270

(h) Separate Maintenance Allowance Section 260

(i) Danger Pay Allowance Section 650

(j) Education Travel Section 280

VII. TAXES

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

VIII. USAID REGULATIONS, POLICIES AND CONTRACT CLAUSES ERTAINING

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

PART 52 - SOLICITATION PROVISIONS AND CONTRACT CLAUSES

Subpart 52.2—Text of Provisions and Clauses

52.222-50 COMBATING TRAFFICKING IN PERSONS (NOV 2021) (Attachment 2)

(a) 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)

2. 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:

ITEM NO

(A)

SUPPLIES/SERVICES

(DESCRIPTION)

(B)

QUANTITY

(C)

UNIT

(D)

UNIT

PRICE

(E)

AMOUNT

(F)

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

- Award Type: Cost

- Product Service Code:

541990

- Accounting Info: TBD

1 LOT $TBD__ $TBD at Award after negotiations with Contractor_

1001 Option Period 1 – Compensation, Fringe Benefits and Other Direct Costs (ODCs)

- Award Type: Cost

- Product Service Code:

541990

- Accounting Info: TBD

1 LOT $TBD__ $TBD at Award after negotiations with Contractor_

2001 Option Period 2 – Compensation, Fringe Benefits and Other Direct Costs (ODCs)

- Award Type: Cost

- Product Service Code:

541990

- Accounting Info: TBD

1 LOT $TBD__ $TBD at Award after negotiations with Contractor_

3001 Option Period 3 – Compensation, Fringe Benefits and Other Direct Costs (ODCs)

- Award Type: Cost

1 LOT $TBD__ $TBD at Award after negotiations with Contractor_

ITEM NO

(A)

SUPPLIES/SERVICES

(DESCRIPTION)

(B)

QUANTITY

(C)

UNIT

(D)

UNIT

PRICE

(E)

AMOUNT

(F)

- Product Service Code:

541990

- Accounting Info: TBD

4001 Option Period 4 – Compensation, Fringe Benefits and Other Direct Costs (ODCs)

- Award Type: Cost

- Product Service Code:

541990

- Accounting Info: TBD

1 LOT $TBD__ $TBD at Award after negotiations with Contractor_

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.

AAPD 06-08 AIDAR, Appendices D And J: Using the Optional Schedule to Incrementally Fund Contracts – June 23, 2006 AAPD 06-10 PSC Medical Expense Payment Responsibility – October 30, 2006 AAPD 18-02 Revision 2 - Medical Evacuation (MEDEVAC) Services AAPD 21-01 Applicability of FAR 4.21 to USAID Personal Services Contracts with Individuals Under the AIDAR Appendices D And J – March 26, 2021 AAPD 21-05 - Revised and Expanded Fringe Benefits for U.S. Personal Services Contractors AAPD 22-02 Telework and Remote Work Policy for U.S. Personal Services Contracts with Individuals (PSCs)- July 13, 2022

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

5. PSC Ombudsman

The PSC Ombudsman serves as a resource for any Personal Services Contractor who has entered into a contract with the United States Agency for International Development and is available to provide clarity on their specific contract with the agency. Please visit our page for additional information: https://www.usaid.gov/work-usaid/personal-service-contracts-ombudsman

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

[END OF SOLICITATION 7200AA23R00085]

ATTACHMENT 2

52.222-50 COMBATING TRAFFICKING IN PERSONS (OCT 2020)

(a) Definitions. As used in this clause-

Agent means any individual, including a director, an officer, an employee, or an independent contractor, authorized to act on behalf of the organization.

Coercion means-

(1) Threats of serious harm to or physical restraint against any person;

(2) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or

(3) The abuse or threatened abuse of the legal process.

Commercial sex act means any sex act on account of which anything of value is given to or received by any person.

(1) Any item of supply (including construction material) that is-

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace;

and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

“Commercially available off-the-shelf (COTS) item” means-

Debt bondage means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined.

Employee means an employee of the Contractor directly engaged in the performance of work under the contract who has other than a minimal impact or involvement in contract performance.

Forced Labor means knowingly providing or obtaining the labor or services of a person-

(1) By threats of serious harm to, or physical restraint against, that person or another person;

(2) By means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; or

(3) By means of the abuse or threatened abuse of law or the legal process.

Involuntary servitude includes a condition of servitude induced by means of-

(1) Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such conditions, that person or another person would suffer serious harm or physical restraint; or

(2) The abuse or threatened abuse of the legal process.

Recruitment fees means fees of any type, including charges, costs, assessments, or other financial obligations, that are associated with the recruiting process, regardless of the time, manner, or location of imposition or collection of the fee.

(1) Recruitment fees include, but are not limited to, the following fees (when they are associated with the recruiting process) for-

(i) Soliciting, identifying, considering, interviewing, referring, retaining, transferring, selecting, training, providing orientation to, skills testing, recommending, or placing employees or potential employees;

(ii) Advertising

(iii) Obtaining permanent or temporary labor certification, including any associated fees;

(iv) Processing applications and petitions;

(v) Acquiring visas, including any associated fees;

(vi) Acquiring photographs and identity or immigration documents, such as passports, including any associated fees;

(vii) Accessing the job opportunity, including required medical examinations and immunizations; background, reference, and security clearance checks and examinations; and additional certifications;

(viii) An employer's recruiters, agents or attorneys, or other notary or legal fees;

(ix) Language interpretation or translation, arranging for or accompanying on travel, or providing other advice to employees or potential employees;

(x) Government-mandated fees, such as border crossing fees, levies, or worker welfare funds;

(xi) Transportation and subsistence costs-

(A) While in transit, including, but not limited to, airfare or costs of other modes of transportation, terminal fees, and travel taxes associated with travel from the country of origin to the country of performance and the return journey upon the end of employment;

and

(B) From the airport or disembarkation point to the worksite;

(xii) Security deposits, bonds, and insurance; and

(xiii) Equipment charges.

(2) A recruitment fee, as described in the introductory text of this definition, is a recruitment fee, regardless of whether the payment is-

(i) Paid in property or money;

(ii) Deducted from wages;

(iii) Paid back in wage or benefit concessions;

(iv) Paid back as a kickback, bribe, in-kind payment, free labor, tip, or tribute; or

(v) Collected by an employer or a third party, whether licensed or unlicensed, including, but not limited to-

(A) Agents;

(B) Labor brokers;

(C) Recruiters;

(D) Staffing firms (including private employment and placement firms);

(E) Subsidiaries/affiliates of the employer;

(F) Any agent or employee of such entities; and

(G) Subcontractors at all tiers.

Severe forms of trafficking in persons means-

(1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or

(2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

“Sex trafficking” means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.

Subcontract means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.

Subcontractor means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor or another subcontractor.

United States means the 50 States, the District of Columbia, and outlying areas.

(b) Policy. The United States Government has adopted a policy prohibiting trafficking in persons including the trafficking-related activities of this clause. Contractors, contractor employees, and their agents shall not-

(1) Engage in severe forms of trafficking in persons during the period of performance of the contract;

(2) Procure commercial sex acts during the period of performance of the contract;

(3) Use forced labor in the performance of the contract;

(4) Destroy, conceal, confiscate, or otherwise deny access by an employee to the employee’s identity or immigration documents, such as passports or drivers' licenses, regardless of issuing authority;

(5)

(i) Use misleading or fraudulent practices during the recruitment of employees or offering of employment, such as failing to disclose, in a format and language understood by the employee or potential employee, basic information or making material misrepresentations during the recruitment of employees regarding the key terms and conditions of employment, including wages and fringe benefits, the location of work, the living conditions, housing and associated costs (if employer or agent provided or arranged), any significant costs to be charged to the employee or potential employee, and, if applicable, the hazardous nature of the work;

(ii) Use recruiters that do not comply with local labor laws of the country in which the recruiting takes place;

(6) Charge employees or potential employees recruitment fees;

(7)

(i) Fail to provide return transportation or pay for the cost of return transportation upon the end of employment-

(A) For an employee who is not a national of the country in which the work is taking place and who was brought into that country for the purpose of working on a U.S. Government contract or subcontract (for portions of contracts performed outside the United States); or

(B) For an employee who is not a United States national and who was brought into the United States for the purpose of working on a U.S. Government contract or subcontract, if the payment of such costs is required under existing temporary worker programs or pursuant to a written agreement with the employee (for portions of contracts performed inside the United States); except that-

(ii) The requirements of paragraphs (b)(7)(i) of this clause shall not apply to an employee who is-

(A) Legally permitted to remain in the country of employment and who chooses to do so; or

(B) Exempted by an authorized official of the contracting agency from the requirement to provide return transportation or pay for the cost of return transportation;

(iii) The requirements of paragraph (b)(7)(i) of this clause are modified for a victim of trafficking in persons who is seeking victim services or legal redress in the country of employment, or for a witness in an enforcement action related to trafficking in persons. The contractor shall provide the return transportation or pay the cost of return transportation in a way that does not obstruct the victim services, legal redress, or witness activity. For example, the contractor shall not only offer return transportation to a witness at a time when the witness is still needed to testify. This paragraph does not apply when the exemptions at paragraph (b)(7)(ii) of this clause apply.

(8) Provide or arrange housing that fails to meet the host country housing and safety standards; or

(9) If required by law or contract, fail to provide an employment contract, recruitment agreement, or other required work document in writing. Such written work document shall be in a language the employee understands. If the employee must relocate to perform the work, the work document shall be provided to the employee at least five days prior to the employee relocating. The employee’s work document shall include, but is not limited to, details about work description, wages, prohibition on charging recruitment fees, work location(s), living accommodations and associated costs, time off, roundtrip transportation arrangements, grievance process, and the content of applicable laws and regulations that prohibit trafficking in persons.

(c) Contractor requirements. The Contractor shall-

(1) Notify its employees and agents of-

(i) The United States Government's policy prohibiting trafficking in persons, described in paragraph (b) of this clause; and

(ii) The actions that will be taken against employees or agents for violations of this policy. Such actions for employees may include, but are not limited to, removal from the contract, reduction in benefits, or termination of employment; and

(2) Take appropriate action, up to and including termination, against employees, agents, or subcontractors that violate the policy in paragraph (b) of this clause.

(d) Notification.

(1) The Contractor shall inform the Contracting Officer and the agency Inspector General immediately of-

(i) Any credible information it receives from any source (including host country law enforcement) that alleges a Contractor employee, subcontractor, subcontractor employee, or their agent has engaged in conduct that violates the policy in paragraph

(b) of this clause (see also 18 U.S.C. 1351, Fraud in Foreign Labor Contracting, and 52.203-13(b)(3)(i)(A), if that clause is included in the solicitation or contract, which requires disclosure to the agency Office of the Inspector General when the Contractor has credible evidence of fraud); and

(ii) Any actions taken against a Contractor employee, subcontractor, subcontractor employee, or their agent pursuant to this clause.

(2) If the allegation may be associated with more than one contract, the Contractor shall inform the contracting officer for the contract with the highest dollar value.

(e) Remedies. In addition to other remedies available to the Government, the Contractor’s failure to comply with the requirements of paragraphs (c), (d), (g), (h), or (i) of this clause may result in-

(1) Requiring the Contractor to remove a Contractor employee or employees from the performance of the contract;

(2) Requiring the Contractor to terminate a subcontract;

(3) Suspension of contract payments until the Contractor has taken appropriate remedial action;

(4) Loss of award fee, consistent with the award fee plan, for the performance period in which the Government determined Contractor non-compliance;

(5) Declining to exercise available options under the contract;

(6) Termination of the contract for default or cause, in accordance with the termination clause of this contract; or

(7) Suspension or debarment.

(f) Mitigating and aggravating factors. When determining remedies, the Contracting Officer may consider the following:

(1) Mitigating factors. The Contractor had a Trafficking in Persons compliance plan or an awareness program at the time of the violation, was in compliance with the plan, and has taken appropriate remedial actions for the violation, that may include reparation to victims for such violations.

(2) Aggravating factors. The Contractor failed to abate an alleged violation or enforce the requirements of a compliance plan, when directed by the Contracting Officer to do so.

(g) Full cooperation.

(1) The Contractor shall, at a minimum-

(i) Disclose to the agency Inspector General information sufficient to identify the nature and extent of an offense and the individuals responsible for the conduct;

(ii) Provide timely and complete responses to Government auditors' and investigators' requests for documents;

(iii) Cooperate fully in providing reasonable access to its facilities and staff (both inside and outside the U.S.) to allow contracting agencies and other responsible Federal agencies to conduct audits, investigations, or other actions to ascertain compliance with the Trafficking Victims Protection Act of 2000 (22 U.S.C. chapter 78), E.O.

13627, or any other applicable law or regulation establishing restrictions on trafficking in persons, the procurement of commercial sex acts, or the use of forced labor; and

(iv) Protect all employees suspected of being victims of or witnesses to prohibited activities, prior to returning to the country from which the employee was recruited, and shall not prevent or hinder the ability of these employees from cooperating fully with Government authorities.

(2) The requirement for full cooperation does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not-

(i) Require the Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine;

(ii) Require any officer, director, owner, employee, or agent of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; or

(iii) Restrict the Contractor from-

(A) Conducting an internal…