FFPO__SOL-OAA-16-000033_Berundi.pdf

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Request for a U.S. Personal Service Contractor

Position Title: Food for Peace Officer

Duty Office: DCHA/FFP

Solicitation Number: SOL-OAA-16-000033

Salary Level: GS-13/14 Equivalent: GS-13 ($73,115 - $95,048) or GS-14 ($86,399 -

$112,319) Non-locality

Issuance Date: January 5, 2015

Closing Date: February 2, 2016

Closing Time: 12:00 P.M. EST

Dear Prospective Applicants:

The United States Government (USG), represented by the U.S. Agency for International

Development (USAID), is seeking applications from qualified U.S. citizens to provide personal services as a Food for Peace Officer under a personal services contract, as described in the attached solicitation.

Submittals must be in accordance with the attached information at the place and time specified.

Applicants interested in applying for this position MUST submit the following materials:

1. Complete resume. In order to fully evaluate your application, 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.

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

(c) Names and contact information (phone and email) of your current and/or previous supervisor(s).

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

(e) U.S. Citizenship.

Your resume should contain sufficient information to make a valid determination that you fully meet the experience requirements as stated in this solicitation. This information should 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.

Solicitation for a USPSC Food for Peace Officer SOL-OAA-16-000033

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2. Responses to the Quality Ranking Factors: Each applicant’s supplemental documentation must specifically address the Quality Ranking Factors (QRFs) shown in the solicitation

Additional documents submitted will not be accepted. Incomplete or late applications will not be considered. Your complete resume and the supplemental document addressing the QRFs must be emailed to: FFPPSC@usaid.gov.

Any questions on this solicitation should be directed to the Isidore Emmanuel at the email address notice above. Applicants can expect to receive a confirmation email when application materials have been received. Applicants should retain for their records copies of all enclosures which accompany their applications.

Sincerely, /s/

Artaveya J. Carter

Contracting Officer

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1. SOLICITATION NO.: SOL-OAA-16-000033

2. ISSUANCE DATE: January 5, 2016

3. CLOSING DATE/TIME FOR RECEIPT OF APPLICATIONS: February 2, 2016, 12:00 pm EST

4. POSITION TITLE: Food for Peace Officer

5. MARKET VALUE: GS-13/14 equivalent GS-13 ($73,115-$95,048) or GS-14 ($86,399-

$112,319) do not includes locality pay). Final compensation will be negotiated within the listed market value based upon the candidate’s past salary, work history and educational background.

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

Candidates who live outside the Washington, D.C. area will be considered for employment but no relocation expenses will be reimbursed.

6. PERIOD OF PERFORMANCE: One year with the option to renew for up to four additional years based on the following: (1) continuing need of services; (2) availability of funds;

(3) satisfactory or better performance; (4) approval from USAID’s Office of Human Capital and

Talent Management; and (5) State Department NSDD-38 approval.

7. PLACE OF PERFORMANCE: Bujumbura, Burundi.

8. STATEMENT OF WORK

BACKGROUND

The Office of Food for Peace (FFP) in the U.S. Agency for International Development Bureau for

Democracy, Conflict, and Humanitarian Assistance (DCHA) is the largest provider of food assistance in the world. FFP annually provides close to $2 billion of food assistance, including some 1.5 million tons or more of in-kind Title II food assistance valued at more than $1.6 billion and reaching 46 million beneficiaries in 48 countries. Since 2010, FFP has complemented its provision of Title II in-kind food assistance with an Emergency Food Security Program (EFSP) utilizing at least $300 million in International Disaster Assistance (IDA) funds annually, which allows for local and regional purchase of food outside of the United States and closer to the emergency setting, as well as market based approaches such as cash transfer or food voucher programs that facilitate access to food.

In addition to emergency response, FFP provides support for development food assistance programs which aim to address the underlying causes of food security. Taken together, the in-kind and cash-based programs provide an impressive array of tools to combat hunger and malnutrition overseas.

Programming is facilitated by state of the art early warning systems, a changing in-kind food assistance basket that includes more nutritious products, and a modern supply chain management system that allows for rapid movement of commodities. Programming approaches are evolving to focus increasingly on building the resilience of chronically vulnerable populations, especially those in arid lands who face increasing cycles of drought, and improving nutrition with a special focus on women and children under two.

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Food for Peace works closely with many other parts of USAID, especially the Bureau for Food

Security, which plays a key role in implementing the President’s Feed the Future initiative, and the

Office of U.S. Foreign Disaster Assistance, which leads on disaster response around the world. Food for Peace employs a staff of over 50 in Washington and also has officers posted abroad.

More Information on FFP is available at:

http://www.usaid.gov/what-we-do/agriculture-and-food-security/food-assistance

9. CORE FUNCTIONAL AREAS OF RESPONSIBILITY

Duties and Responsibilities

A. The FFP Officer will undertake the following duties with regard to FFP-funded programs:

Food for Peace Officer, GS-13

1. Serve as a point of contact for issues pertaining to FFP-funded emergency food assistance programs in Burundi and liaise with USAID Burundi, USAID/Washington, the Regional FFP

Office in Nairobi, Kenya, other parts of the U.S. government, PVOs, international organizations, host nation governmental ministries and agencies, and others.

2. Monitor and report on implementation of ongoing FFP-funded emergency food assistance programs, including progress and problems encountered by grantees, as well as commodity management, including following upon the status of loss claims.

3. Provide information and guidance to FFP-funded food assistance award recipients on FFP regulations, policies and procedures.

4. Report on all food security and nutrition issues, to include changes in the food security and nutrition situation and food assistance requirements, government policies and actions affecting food and nutrition assistance programs, government food assistance programs, and donor pledges and programs.

5. Coordinate with U.S. Government actors, host government, PVOs, international organizations, donors, and others to address issues impacting FFP-funded food and nutrition assistance programs.

6. Undertake and report on assessments to inform FFP funding decisions or modifications to ongoing programs.

7. Work with other parts of the U.S. government and other donors to promote integration of food and nutrition assistance with other programs to increase the effectiveness of the programs overall.

8. Work with PVOs on preparation of annual work plans and program modifications, and with

WFP, other Public International Organizations and regional FFP staff on new appeals or revisions to existing ones.

http://www.usaid.gov/what-we-do/agriculture-and-food-security/food-assistance

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9. Mentor and supervise FSN staff as assigned.

Food for Peace Officer, GS-14

1. Develops recommendations on a wide range of topics relating to the use of food assistance resources in the use and implementation of food assistance programs in Burundi.

2. Develop, monitor, evaluate programs through field visits, reporting by local field staff, and information provided by implementing partners to maximize program effectiveness and ensure programs are being implemented in a manner consistent with policy and legislative guidelines.

3. Assures proper level FFP representation in USAID, Embassy and other donors to promote integration of food and nutrition assistance with other programs to increase the effectiveness of the programs overall.

4. Maintains liaison with senior officials from within USAID, the U.S. government, PIOs and

NGOs to keep them fully informed about FFP programs, policies and procedures, and to discuss and resolve mutual problems.

5. Serve as a point of contact for issues pertaining to FFP-funded emergency food assistance programs in Burundi and liaise with USAID Burundi, USAID/Washington, the Regional FFP

Office in Nairobi, Kenya, other parts of the U.S. government, PVOs, international organizations, host nation governmental ministries and agencies, and others.

6. Monitor and report on implementation of ongoing FFP-funded emergency food assistance programs, including progress and problems encountered by grantees, as well as commodity management, including following upon the status of loss claims.

7. Provide information and guidance to FFP-funded food assistance award recipients on FFP regulations, policies and procedures.

8. Report on all food security and nutrition issues, to include changes in the food security and nutrition situation and food assistance requirements, government policies and actions affecting food and nutrition assistance programs, government food assistance programs, and donor pledges and programs.

9. Coordinate with U.S. Government actors, host government, PVOs, international organizations, donors, and others to address issues impacting FFP-funded food and nutrition assistance programs.

10. Undertake and report on assessments to inform FFP funding decisions or modifications to ongoing programs.

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11. Work with PVOs on preparation of annual work plans and program modifications, and with

WFP, other Public International Organizations and regional FFP staff on new appeals or revisions to existing ones.

12. Mentor and supervise FSN staff as assigned.

Guidelines

Pertinent sources of information consist of the FFP authorizing and appropriating laws and legislative initiatives, FFP issued guidelines and information bulletins, and USAID Agency and

Bureau rules and regulations that govern the use of the U.S. food assistance programs. The incumbent must exercise considerable judgment in determining the application of current legislative provisions and executive policies to assigned responsibilities. The incumbent is expected to be innovative and original in formulating new or improved approaches to problem resolution.

Supervisory Controls:

At the GS-13 and GS-14 level, the incumbent consults with his/her supervisor – the USAID

Country Representative – to develop deadlines, projects, and work to be completed. Incumbent is responsible for planning and carrying out assignments.

The incumbent is expected to take initiative and act independently with little direction, but will have no authority to make financial commitments on behalf of the U.S. government unless such authority is specifically delegated.

The FFP Officer will be supervised by USAID Burundi Country Representative, but is expected to be in regular contact with FFP/Washington and the FFP Office in the USAID/East Africa

Regional Mission in Nairobi, Kenya to report any information on issues pertaining to ongoing

FFP-funded food assistance programs. The incumbent will supervise one or more FSN staff.

10. WORK ENVIRONMENT

Work is primarily performed in an office setting. The requirement for field trip assignments to consult with cooperating sponsor managers of food assistance programs may expose the successful candidate to difficult working surroundings and security risks during the course of travel.

11. START DATE: Immediately, once necessary clearances are obtained.

12. POINT OF CONTACT: See Cover Letter.

*Application Process: Applicants must indicate in their application which level(s) they want to be considered for in their initial base one-year contract. USAID/FFP reserves the right to place the applicant at the Grade/Step level for which he/she is found qualified during the application process.

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MINIMUM REQUIREMENTS FOR THE POSITION

EDUCATION/EXPERIENCE REQUIRED FOR THIS POSITION

Minimum Qualifications

At the GS-13 level, the incumbent will have:

Bachelor’s degree plus at least seven (7) years of progressively responsible experience in international development or relief (two of which must be related to food assistance);

OR

Master’s degree with significant study in a pertinent field (such as public health or agricultural development), plus at least five (5) years of progressively responsible

AND

At least two (2) years of experience working on development or relief issues in the field;

Ability to communicate effectively in English and French verbally and in writing.

At the GS-14 level, the incumbent will have:

Bachelor’s degree plus at least eight (8) years of progressively responsible

OR

Master’s degree with significant study in a pertinent field (such as public health or agricultural development), plus at least six (6) years of progressively responsible food assistance)

AND

At least two (2) years of experience working on development or relief issues in the field;

Ability to communicate effectively in English and French verbally and in writing.

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B. Selection Factors: Applicants must possess the minimum qualifications for the position.

Applicants who do not meet all of the selection factors are considered NOT qualified for the position. Selection factors include:

Applicant is a U.S. Citizen;

A current resume, with complete contact information, submitted;

Supplemental document specifically addressing the Quality Ranking Factors (QRFs) submitted;

Ability to obtain a SECRET level security clearance as provided by USAID within six months following the job offer acceptance;

Ability to obtain a Department of State medical clearance for Burundi;

Verification of academic credentials and/or job references upon request.

QUALITY RANKING FACTORS (QRFs)

As part of the application, applicants must specify how their experience, training, and/or education specifically address each of the QRFs listed below. This must be done in a separate document that also includes the applicant’s full name and the announcement number at the top of each sheet. Failure to respond to the QRFs in such a manner may result in the applicant not receiving credit for all relevant qualifications.

Knowledge of key policy, implementation, and technical issues related to food security programming in developing countries. (35 points)

Knowledge of the functioning of PVOs, UN agencies, and U.S. Government agencies involved in humanitarian assistance, and a demonstrated ability to work effectively with personnel from these organizations on highly sensitive issues. (25 points)

Demonstrated ability to review proposals, analyze budgets, manage U.S.

Government or other agency financial agreements, and work through the USAID grant award process. (20 points)

Ability to communicate complex technical issues effectively to non-specialists both orally and in writing in both English and French. (20 points)

Total Possible Points: 100

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BASIS OF RATING: Applications that meet the minimum requirements will be further evaluated based upon the information provided in the QRF documentation submitted at the time of application. Those applicants determined as competitively ranked may also be evaluated on their interview performance and satisfactory professional reference checks.

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 six months after offer acceptance, the offer may be rescinded.

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 within six months after offer acceptance, the offer may be rescinded.

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

DOCUMENT SUBMITTALS

Where and How to Apply

Via email: FFPPSC@usaid.gov

Qualified individuals are required to submit:

Submission of a current resume, with complete contact information;

Supplemental document specifically addressing the Quality Ranking Factors

(QRFs) shown in the solicitation;

Candidates should specify what grade level they are applying for.

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

FFP reserves the right to make additional selections from this solicitation.

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 application.

NOTE REGARDING DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBERS

All individuals contracted as US PSCs are required to have a DUNS Number. USAID will provide a generic DUNS Number and PSCs are not required to register with CCR.

For general information about DUNS Numbers, please refer to Federal Acquisition Regulation

(FAR) Clause 52.204-6, Data Universal Numbering System (DUNS) Number (10/2003)

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LIST OF REQUIRED FORMS FOR PSCs

Forms outlined below can found at:

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

1. AID 302-3.

2. Medical History and Examination Form (DS-6561).

3. Questionnaire for Sensitive Positions (for National Security)

(SF-86), or

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

5. Finger Print Card (FD-258).

Forms 1 through 5 shall be completed ONLY upon the advice of the Contracting Officer that an applicant is the successful candidate for the job.

CONTRACT INFORMATION BULLETINS (CIBs) and ACQUISITION &

ASSISTANCE POLICY DIRECTIVES (AAPDs) PERTAINING TO PSCs

CIBs and AAPDs contain changes to USAID policy and General Provisions in USAID regulations and contracts. Please refer to http://transition.usaid.gov/business/business_opportunities/cib/subject.html#psc to determine which CIBs and AAPDs apply to this contract.

AAPD 06-10 – PSC MEDICAL PAYMENT RESPONSIBILITY

AAPD No. 06-10 is hereby incorporated as Attachment 1 to the solicitation.

AAPD 15-02 LEAVE AND HOLIDAYS

AAPD No. 15-02 is hereby incorporated as Attachment 2 to the solicitation.

FAR 52.222-50 – COMBATING TRAFFICKING IN PERSONS

FAR Clause 52.222-50 is hereby incorporated as Attachment 3 to the solicitation.

BENEFITS/ALLOWANCES:

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

BENEFITS:

Employer's FICA Contribution

Contribution toward Health & Life Insurance

Pay Comparability Adjustment https://www.acquisition.gov/far/current/html/52_200_206.html http://www.usaid.gov/forms/ http://www.forms.gov/bgfPortal/main.do http://transition.usaid.gov/business/business_opportunities/cib/subject.html#psc

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Annual Increase (pending a satisfactory performance evaluation)

Eligibility for Worker's Compensation

Annual & Sick Leave

ALLOWANCES (if Applicable).*

(A) Temporary Lodging Allowance (Section 120).

(B) Living Quarters Allowance (Section 130).

(C) Post Allowance (Section 220).

(D) Supplemental Post Allowance (Section 230).

(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), and

(J) Danger Pay (Section 650).

* Standardized Regulations (Government Civilians Foreign Areas).

FEDERAL TAXES: USPSCs are required to pay Federal Income Taxes, FICA, and Medicare

ALL QUALIFIED APPLICANTS WILL BE CONSIDERED REGARDLESS OF AGE, RACE,

COLOR, SEX, CREED, NATIONAL ORIGIN, LAWFUL POLITICAL AFFILIATION, NON-

DISQUALIFYING DISABILITY, MARITAL STATUS, SEXUAL ORIENTATION,

AFFILIATION WITH AN EMPLOYEE ORGANIZATION, OR OTHER NON-MERIT

FACTOR.

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ATTACHMENT 1

ACQUISITION & ASSISTANCE POLICY DIRECTIVE (AAPD) NO. 06-10

PSC MEDICAL EXPENSE PAYMENT RESPONSIBILITY

General Provision 22, MEDICAL EXPENSE PAYMENT RESPONSIBILITY

(OCTOBER 2006)

(a) Definitions. Terms used in this General Provision are defined in 16

FAM 116 available at http://www.state.gov/m/a/dir/regs/fam/c23002.htm.

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

(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 Expenses (July 1993), section (i) entitled “Emergency and http://www.state.gov/m/a/dir/regs/fam/c23002.htm

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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.

(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 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).

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ATTACHMENT 2

APPD 15-02 LEAVE AND HOLIDAYS

(a) Annual Leave

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

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

Time in Service Annual Leave (AL) Accrual Calculation

0 to 3 years Four hours of leave for each two week period over 3, and up to

15 years

Six hours of AL for each two week period (including 10 hours AL for the final pay period of a calendar year) over 15 years Eight hours of AL for each two week period

USAID will calculate the contractor’s time in service based on all the previous service performed by the contractor as a: 1) USAID PSC (i.e., the contractor has served under any

USAID personal services contracts of any duration covered by Sec. 636(a)(3) of the FAA or other statutory provision applicable to USAID); and/or 2) former U.S. Government (USG) direct-hire, under either civilian and/or military service.

(3)

(i) AL is provided under this contract for the purposes of affording necessary rest and recreation during the period of performance. The contractor, in consultation with the

USAID Mission or USAID/Washington, as appropriate, shall develop an AL schedule early in the contractor's period of performance, taking into consideration project requirements, employee preference, and other factors. All AL earned by the contractor must be used during the contractor’s period of performance. All AL earned by the contractor, but not taken by the end of the contract, will be forfeited. However, to prevent forfeiture of AL, the Contracting Officer may approve the contractor taking AL during the concluding weeks of the contractor's period of performance.

(ii) As an exception to 3(i) above, the contractor may receive a lump-sum payment for leave not taken. To approve this exception, the contractor's supervisor must provide the

Contracting Officer with a signed, written Determination and Findings (D&F). The D&F must set out the facts and circumstances that prevented the contractor from taking AL, and the Contracting Officer must find that these facts and circumstances were not caused by, or were beyond the control of, the contractor. This leave payment must not exceed the number of days which could be earned by the contractor during a twelve-month period.

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

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

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

Otherwise, sick leave will not be carried over from one post to another or from one contract to another. The contractor will not be compensated for unused sick leave upon completion of this contract.

(c) Home Leave.

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

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

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

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

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20 work days. When the PSC is returning to a different USAID Mission, the former

Mission will pay for the home leave regardless of what country the PSC will be working in following the home leave;

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

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

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

(vi) if the PSC does not complete the additional service required under (c)(2)(i) or (ii)

(that the Contracting Officer finds are other than for reasons beyond the PSC's control), the cost of home leave, travel and transportation and any other related costs must be repaid by the PSC to the Government.

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

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

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

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

(4) The period of service overseas required under paragraph (c)(2), or paragraph (c)(3) above, will include the actual days in orientation in the U.S. (less language training). The actual days overseas begin on the date of arrival in the cooperating country inclusive of authorized delays enroute. Allowable annual and sick leave taken while overseas, but not

LWOP, shall be included in the required period of service overseas. An amount equal to the number of days of annual and sick leave taken in the U.S., its commonwealths, possessions or territories will be added to the required period of service overseas.

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

(6) Home leave must be taken at one time, and to the extent deemed necessary by the

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

Director or the Contracting Officer.

(d) Home Leave for Qualifying Posts (HLQP). USPSCs who ordinarily qualify for home leave and have completed a 12-month assignment at one of the USAID qualifying posts

(currently Iraq, Afghanistan and Pakistan) are entitled to take ten (10) workdays of leave in addition to the home leave an USPSCs is normally entitled to under the contract in accordance with sub-paragraphs (c)(1) - (6) above. This additional home leave is provided pursuant to an amendment to the Foreign Service Act of 1980 signed by the President on June 15, 2006.

There is no requirement that an eligible USPSC take this additional leave; it is for optional use by the USPSC. If an eligible USPSC elects to take HLQP, the USPSC must take ten (10) workdays of home leave. If the USPSC is returning to the United States and not returning overseas to the same or different USAID Mission, HLQP will not apply.

This new home leave policy is also extended to qualifying Third-Country National PSCs

(TCNPSCs) who have an approved exception under AIDAR Appendix J, sec. 4(c)(2)(ii)(B), to apply specific provisions from AIDAR Appendix D, and whose contract includes this General

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

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

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

Director as soon as known. A copy of any such notice must be part of the contract file.

(g) Leave Without Pay (LWOP). LWOP may be granted only with the written approval of the

Contracting Officer or Mission Director, unless a USPSC is requesting for such leave for family and leave purposes under paragraph (i) below.

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

direct-hire employees.

(i) Family and Medical Leave (FML)

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

Department of Labor under 29 CFR 825. USAID is also extending FML to eligible

USPSCs working outside the U.S., or any Territories or possession of the U.S., in accordance with this paragraph (i) as a matter of policy discretion.

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

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

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

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

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

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

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

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

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

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

(5) In accordance with 29 CFR Part 825.207, the USPSC may take LWOP for FML purposes. However, the USPSC may choose to substitute LWOP with accrued paid leave, including accrued annual or sick leave, or compensatory time earned under this contract. If the USPSC does not choose to substitute accrued paid leave, the CO, in consultation with the USPSC’s supervisor, may require the USPSC to substitute accrued paid leave for LWOP. The CO must verify the accuracy of the USPSC’s accrued paid leave request and obtain the required certifications for approval of FML in accordance with the stated USAID policy.

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

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

(8) The U.S. Department of Labor’s (DOL’s) Wage and Hour Division (WHD) Publication

1420 explains the FMLA’s provisions and provides information concerning procedures for filing complaints for violations of the Act.

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

http://www.ecfr.gov/cgi-bin/text-idx?SID=db0243f608afdb03943b0635a819c860&mc=true&tpl=/ecfrbrowse/Title29/29cfr825_main_02.tpl http://www.ecfr.gov/cgi-bin/text-idx?SID=917cbad6bea5f97d6b70c0c152bf711d&mc=true&tpl=/ecfrbrowse/Title29/29cfr825_main_02.tpl http://www.dol.gov/whd/regs/compliance/posters/fmlaen.pdf http://www.dol.gov/whd/regs/compliance/posters/fmlaen.pdf

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[END PROVISION]

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ATTACHMENT 3

FAR 52.222-50 COMBATING TRAFFICKING IN PERSONS (FEB 2009).

(a) Definitions. As used in this clause—

“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.

“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.

“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

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(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.

(b) Policy. The United States Government has adopted a zero tolerance policy regarding trafficking in persons. Contractors and contractor employees 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; or

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

(c) Contractor requirements. The Contractor shall—

(1) Notify its employees of—

(i) The United States Government’s zero tolerance policy described in paragraph (b) of this clause; and

(ii) The actions that will be taken against employees for violations of this policy. Such actions 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 or subcontractors that violate the policy in paragraph (b) of this clause.

(d) Notification. The Contractor shall inform the Contracting Officer immediately of—

(1) Any information it receives from any source (including host country law enforcement) that alleges a Contractor employee, subcontractor, or subcontractor employee has engaged in conduct that violates this policy; and

(2) Any actions taken against Contractor employees, subcontractors, or subcontractor employees pursuant to this clause.

(e) Remedies. In addition to other remedies available to the Government, the Contractor’s failure to comply with the requirements of paragraphs (c), (d), or (f) 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;

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

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

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(6) Suspension or debarment.

(f) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (f), in all subcontracts.

(g) Mitigating Factor. The Contracting Officer may consider whether the Contractor had a

Trafficking in Persons awareness program at the time of the violation as a mitigating factor when determining remedies. Additional information about Trafficking in Persons and examples of awareness programs can be found at the website for the Department of State’s Office to Monitor and Combat Trafficking in Persons at http://www.state.gov/g/tip.

http://www.state.gov/g/tip