Solicitation USPSC Contracting Officer-readvertisement.pdf

SOLICITATION NUMBER: 72052723R00005

ISSUANCE DATE: February 9, 2023

CLOSING DATE AND TIME: February 23, 2023 at 17:00 (Lima time)

SUBJECT: Solicitation for U.S. Personal Service Contractor (USPSC) Contracting Officer, GS-15 equivalent

Dear Prospective Offerors:

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

Offers must be in accordance with Attachment 1, Sections I through V 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 the 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 I.

Sincerely, Magdalena Maxwell Contracting Officer USAID/Peru

I. GENERAL INFORMATION

1. SOLICITATION NO.: 72052723R00005

2. ISSUANCE DATE: February 9, 2023

3. CLOSING DATE/TIME FOR RECEIPT OF OFFERS: February 23, 2023 at 17:00 (Lima time)

4. POINT OF CONTACT: Human Resources Office, email at limausaidhr@usaid.gov

5. POSITION TITLE: Contracting Officer

6. MARKET VALUE: $117,518 - $152,771 equivalent to GS-15 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. This is a resident-hire position. It does not include offshore benefits such as housing, post differential, and post allowance.

7. PLACE OF PERFORMANCE: USAID/Peru. 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: The contract duration will from 6 to 12 months. Full-time 40 hours per week.

9. ELIGIBLE OFFERORS: Open to all U.S. Citizens

10. SECURITY LEVEL REQUIRED: Facility Access

11. STATEMENT OF DUTIES:

A. BASIC FUNCTION OF THE POSITION:

The USPSC CO serves as an advisor to the Supervisory U.S. Direct Hire (USDH) CO who directs USAID/Peru’s ROAA operational and project support to Peru, Paraguay, Ecuador and Brazil Missions. S/he provides advice on U.S. acquisition legislation, policies, regulations and procedures, as well as those in effect in the countries served.

S/he must be an expert in the Acquisition and Assistance (A&A) field since great reliance is placed on her/his judgment and advice.

mailto:limausaidhr@usaid.gov

S/he will be assigned to the USAID/Peru ROAA and will serve as the CO, fully capable of providing contracting guidance on a full range of A&A matters. Specifically, the USPSC CO will support USAID/Peru’s regional portfolios (Brazil, Ecuador and Paraguay) which contain varied and technically complex programs, the individual will also be responsible for assisting with the USAID/Peru portfolio which is characterized by high funding levels with a total portfolio value (including regional missions) in excess of $460 million. The selected applicant may also support other client offices for USAID/Peru as instructed by the Supervisory CO. S/he will also serve as an A&A advisor to Senior Mission Management on related subject matter. In addition to program funded procurement, s/he will support operational expense (OE) purchases for client missions whenever these are complex in nature or above the Executive Officer’s (EXO's) warrant. The USPSC CO is responsible for all phases of a procurement process, from acquisition planning, solicitation, negotiation, award and contract close-out.

S/he must be a highly skilled, experienced and self-motivated individual, who is capable of independently performing quality and professional work in an expedited manner and under stressful conditions.

The USPSC CO is expected to be knowledgeable and well versed in the use of various procurement instruments available, such as Cost Reimbursable Contracts, Fixed Price Contracts, Incentive Contracts, Indefinite Quantity Contracts, Task/Delivery Orders, Grants, Cooperative Agreements, and various types of Interagency Agreements.

Implementing Partners include U.S. and Non-U.S. commercial entities, not for profit entities, NGOs, Public International Organizations (PIOs), Host Government entities, local implementing partners, international donor organizations, other governments, and individuals. S/he must be fully capable of determining the most appropriate instrument to utilize and must be proficient and knowledgeable about performance-based and results-oriented statements of work and program descriptions. Dollar levels of procurement instruments range from small value procurements to instruments exceeding $50 million dollars in total value.

B. MAJOR ROLES AND RESPONSIBILITIES:

The USPSC CO serves as an advisor to the Supervisory U.S. Direct Hire (USDH) CO in Peru and its client missions in Brazil, Ecuador and Paraguay. As a core team member of USAID/Peru, s/he participates in meetings, assists in strategic and procurement planning and provides guidance and instructions on Federal and USAID regulations, policies and procedures to Mission personnel and recommends procurement and financing alternatives vis-à-vis appropriate instruments/contract types to achieve DO Team goals.

The portfolio contains varied and technically complex country programs characterized by high funding levels with a regional portfolio value in excess of $320 million. The USPSC CO establishes procurement plans and strategies, keeps senior Mission management informed on all A&A matters, new policies, U.S. legislation, Executive Orders, Federal Regulations and how these matters may affect USAID A&A instruments and program implementation. The USPSC CO provides guidance and support throughout the procurement planning in finalizing DO procurement plans; recommends alternatives and preferable types of instruments (e.g., fixed price, cost reimbursable, task orders, grants or cooperative agreements). S/he provides innovative ideas or solutions to situations/problems encountered on a daily basis; provides A&A support and advice to other Contracting Officers, A&A Specialists/DO Teams and Senior Mission Management during peak workload periods. S/he participates in the planning and performing of on-the-job training assignments and coursework to ensure successful completion of the required competencies and annual training requirements for less senior personnel. The USPSC CO will conduct training/mentoring to build long term capacity of the office staff. S/he will also provide periodic training to AORs and CORs.

a. Pre-award/Award Formation

The USPSC CO will manage the A&A pre-award process for individual procurement actions, ensuring team compliance with USG and USAID regulations and policies.

He/she is responsible for the procurement of a variety of goods and services ranging in complexity from commercial item purchases to multimillion dollar technical assistance A&A instruments. S/he assists the DO Team in the planning and design of activities to ensure completeness and appropriateness of statements of work/program descriptions/technical specifications, justifications, source selection criteria, other necessary approvals, waivers, deviations. The USPSC CO prepares and/or approves complex solicitation documentation, such as Requests for Proposals (RFP) and Requests for Applications (RFA), as appropriate, and ensures compliance with Federal publication requirements. S/he coordinates with the DO Teams and supervises the development and execution of contractual documentation for the solicitation and technical evaluation phases; conducts and/or approves in-depth cost analysis of business proposals, including such aspects as evaluating technical approaches vis-à-vis proposed cost, reviewing audit reports, forecasting pricing trends, evaluating economic factors, applying weighted guidelines for determining profit/fee and evaluating overhead and general and administrative expenses; determines the competitive range and develops the USG negotiation strategy; advises contractors, recipients, DO Team members and host country officials on Federal regulations and Agency policies and procedures; conducts negotiations with U.S. and local private sector, including for-profit and not-for-profit organizations, colleges, universities, other USG agencies and PIOs to reach mutual agreement on the terms and conditions of A&A instruments; performs and/or approves pre-award survey assessments of local NGOs and host government institutions before receiving USG funding and coordinates with the Office of Financial Management throughout the pre-award survey process. S/he recommends to the CO and/or approves responsibility determinations; recommends and/or approves awards valued up to millions of dollars, and prepares and/or approves the contractual documentation; prepares the memoranda of negotiation, organizes pre- and post-award debriefs, and documents the debriefs.

b. Post-award Administration

The USPSC CO administers and/or oversees the administration of A&A instruments in accordance with government regulations and Agency policies. As a core DO team member, s/he provides A&A technical and administrative advice to CORs/AORs regarding oversight of contract management/assistance administration within the award terms and conditions and the parameters of a delegation of CORs/AORs authority. S/he provides interpretation of contract clauses or standard provisions, procurement policies and provides guidance pertaining to waivers and other justifications to CORs/AORs and implementing partners. S/he conducts post-award orientations to clarify issues on award requirements such as billing procedures, delivery schedules, terms and conditions, reporting requirements; reviews and makes determinations regarding consent to subcontract and approval of key administrative actions; works closely with the Regional Finance Management Office (RFMO), the Regional Inspector General (RIG) and the Regional Legal Officer (RLO) to resolve issues associated with claimed costs, audit findings, fraud, disallowance of costs, organizational conflict of interest, contractor or recipient personnel issues, home or field office questions, and recommends corrective action to be taken to remedy the situation or contract termination, when warranted;

monitors contractor performance through review of progress reports, telephone conversations, correspondence, site visits for compliance with award terms and conditions; provides guidance and training as required to host country personnel, contractor personnel and USAID personnel regarding A&A requirements and regulations; negotiates extensions, price adjustments and modifications to contracts;

prepares determinations and findings relative to negotiated actions and coordinates contractor’s requests for deviations; maintains contract files and records, prepares reports, as required; manages the Contractor Performance Assessment Reporting process to ensure compliance with the FAR; analyzes questioned costs to determine allowability; provides follow-up on audit recommendations, including researching the findings and recommending corrective action for audit closure; reviews completed official award file to determine that all contractual actions are satisfied and that there are no pending administrative actions to be resolved, that all file documents are signed, that there are no litigation actions pending and that the award is complete in every respect and ready to be administratively closed.

c. Other Duties

The selected applicant coordinates contracting activities with other host government agencies, USG agencies, PIOs; requests audit reports of pre-award surveys from the OIG, the Defense Contract Audit Agency or M/OAA/CAM; provides advice and assistance regarding the adequacy of host country contracting process/documentation;

cost analysis and negotiation of host country bids/proposals; reviews implementation letters to the host government; conducts pre-award surveys/procurement assessments of host government and local organizations.

The selected applicant is responsible for operating USAID information systems and information security to a level of “Separation of Duties”, “Individual Accountability” and “Need to Know” as defined in ADS 545.3.2.1 and also below:

Separation of Duties - That an individual does not have the authority to complete an entire process (multiple independent actions), such that each action acts as a "check" on other actions within the process. This “compartmentalizes" the independent actions, and decreases an individual's ability to perform multiple actions or to complete the entire process, which may result in a security breach.

Individual Accountability - That an individual is solely responsible for his or her actions.

S/he may be required to explain and defend those actions to organizational authorities that can impose penalties against misuse or abuse of authorized actions.

Need to Know - That an individual, in the performance of his or her duties, has the requirement to access specific information, which would otherwise not be accessible to him or her. S/he must protect the information, using safeguards appropriate to its sensitivity level, to ensure that other individuals who do not have an access requirement or authorization do not access it.

The selected applicant maintains a high level of ethics and appropriate discretion; s/he ensures and enforces procurement integrity throughout the procurement and administration process in accordance with the Federal Acquisition Regulation Part 3.104 and the Procurement Integrity Act (41 USC 423).

C. SUPERVISORY RELATIONSHIP:

The position reports to the Supervisory USDH CO, USAID Peru. The Supervisor assigns work in terms of overall procurement programs to be accomplished. The employee, in consultation with the supervisor, establishes and executes a work schedule, ensuring that the necessary planning, coordination, approvals, negotiation, and other requirements are completed in a timely manner so as not to delay award of any assigned programs. Independently establishes clear objectives and necessary priorities to achieve these objectives. Prepares and/or approves negotiation plans and memoranda and briefs supervisor and/or senior Mission Management. Conducts and/or oversees negotiations independently. Advises supervisor and Senior Mission Management of potential problems or slippages in the program. Work review is made through status reports prepared by the employee and used primarily by management to keep informed.

D. SUPERVISORY CONTROL:

While the position will not supervise staff directly, the incumbent will have approval authority over many of the work objectives of staff working on their portfolio. As a result, the incumbent must exercise a high degree of leadership to achieve mission objectives.

12. PHYSICAL DEMANDS:

The position will be located in Lima, Peru. Work is mostly sedentary, but there is some traveling required to project to sites, facilities and in-country.

II. MINIMUM QUALIFICATIONS REQUIRED FOR THIS POSITION

Education: A bachelor’s degree or equivalent of a four-year U.S. university degree (equivalency accreditation if a non-U.S. institution) in accounting, law, business, finance, contracts, purchasing, economics, industrial management, marketing, quantitative methods, or organization and management is required. Post graduate degree preferred.

Experience: 15 years of progressively responsible professional Acquisition and Assistance (A&A) experience as a Contracting Officer with the U.S. government in complex pre-award, award, and post-award responsibilities. This includes experience working overseas in an international setting (i.e. working outside of the territory of the United States).

Language: Fluent spoken and written English is required.

Job Knowledge: A thorough knowledge of Federal and USAID A&A regulations, policies, and procedures, as well as a good understanding of the Agency’s programming policies and procedures. Working knowledge of U.S. and local market pricing, customs and practices. Good knowledge of how commercial businesses and non-profit organizations operate and are motivated, including accounting systems, marketing, cost control, establishment of indirect costs, overhead and other administrative fees and profit. Knowledge of and total acceptance and commitment to the required standards of ethics and integrity is mandatory.

Skills and Abilities:

- Must have demonstrated knowledge of FAR, USAID A&A regulations, and agency-specific policies and procedures.

- Must have demonstrated knowledge of contract types and possession of requisite skills for the particular A&A assignments (e.g. task orders, construction, commercial items, etc.).

- Must have analytical skills to review a statement of work (or program description) for contractibility, consistency, readability and completeness.

- Must have the ability to prepare solicitations and review and assist in the development of Section L and M evaluation criteria.

- Must have the sufficient verbal skills to present information to A&A staff and other

Mission (non-procurement) personnel.

- Must have excellent organizational/time management skills to perform work on multiple ongoing actions, enabling all to move forward to completion, even though each is at a different life-cycle stage with minimal supervision.

- Must have demonstrated excellent analytical skills and the ability to anticipate and evaluate actions/outcomes in work statements, program descriptions and independent government cost estimates.

- Must have demonstrated the ability to speak authoritatively before other USAID personnel, as well as to negotiate and represent the US Government’s best interests to both US and local individuals, most of whom will hold high level positions within their organizations.

- Must have demonstrated excellent interpersonal skills and excellent negotiation skills to be able to orchestrate “win-win” situations between disparate parties.

- Must have the demonstrated ability to absorb a great deal of data and recall the information (e.g. researching regulatory guidance) essential in order to interpret and apply the information to real-life situations.

- Must have demonstrated the ability to analyze evaluation of contractor performance against stated criteria and numerical rating.

Only offerors clearly meeting the above minimum qualifications will be considered for further evaluation.

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 form individuals who have not been specifically identified by the offeror, and may do so before of after a candidate is interviewed.

1. Offerors who clearly meet the aforementioned minimum education and work experience qualification requirements may be further evaluated through review of the offeror’s submitted required documents and ranked based on the below evaluation and selection factors. A competitive range will be established of the highest-ranked offerors, who may be further evaluated through technical tests and interviews to determine the most qualified/highest-ranked offerors.

2. Reference checks will be conducted with the highest-ranked offerors.

https://www.acquisition.gov/browse/index/far

3. Evaluation and Selection Factors. Applicants meeting the required qualifications of the position will be evaluated based on information presented in the application and obtained through reference checks. The following is the evaluation criteria for this position:

a) Education: 10 points

b) Work Experience: 10 points

c) Language 10 points

d) Job Knowledge: 35 points

e) Skills and Abilities: 35 points

Satisfactory Professional Reference Checks – Pass/Fail

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. A cover letter of no more than 1 page that demonstrates how the Offeror’s qualifications meet the evaluation and selection factors in section III of this solicitation.

3. A resume or curriculum vitae (CV) which, at a minimum, describes education, experience, and career achievements relevant to the evaluation and selection factors in section III of this solicitation.

4. Names of three professional references that have knowledge of the offeror’s ability to perform the duties set forth in the solicitation, including current and accurate contact information. This information may be included in in cover letter, resume/CV, or in a separate document.

5. Proof of U.S. Citizenship

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

7. Offerors submissions must clearly reference the Solicitation number on all offeror submitted documents.

8. Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors- The Offeror will be required to show proof that the Offeror is fully vaccinated against COVID- 19 on or before the first date of onboarding, or submit and approved reasonable http://www.usaid.gov/forms accommodation o the CO. If the contractor does not meet this requirement the contract may be terminated. *

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

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

1. Contractor Employee Biographical Data Sheet (AID 1420-17)

2. Form AID 309-2, “Offeror Information for Personal Services Contracts with Individuals”

3. Medical History and Examination Form (DS-1843) **

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

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

6. Fingerprint Card (FD-258) **

** Forms 3 through 6 shall be completed ONLY upon the advice of the Contracting Officer that an applicant 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:

[If the solicitation is also open to TCNs, the CO must insert the benefits and allowances specifically approved by the Mission Director for a TCN offeror in accordance with AIDAR Appendix J, sec. 4(c)(2)(ii)(B).]

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 http://www.usaid.gov/forms

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/sites/default/files/documents/1868/aidar_0.pdf

2. 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

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

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 Areas is maintained at https://www.saferfederalworkforce.gov/contractors/.

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

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: R497

- Accounting Info: to be specified in the award

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

AAPDs/CIBs specifically applicable to this position include:

AAPD 16-03: Expanded Incentive Awards for Personal Services Contracts with Individuals

AAPD 15-02 REVISED - Continuation of Deviation from the ‘Leave and Holidays’ clause, including Family and Medical Leave, for U.S. Personal Services Contractors

AAPD 10-03 Amendment 1: AIDAR, Appendix D: Implementing Benefits For Same-Sex Domestic Partners of USPSCs

AAPD 10-01: Personal Services Contracts -- Changes in USG Reimbursement Amounts for Health Insurance and Physical Examination Costs

AAPD 06-10: PSC Medical Expense Payment Responsibility

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-service-contracts-ombudsman

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

https://www.usaid.gov/forms http://www.usaid.gov/work-usaid/aapds-cibs https://www.oge.gov/web/oge.nsf/OGE%20Regulations

[End of Solicitation]