Signed_USPSC_F2F_Analyst_Solicitation.pdf

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(USPSC) Farmer to Farmer (F2F) Program Analyst Federal contract opportunity
Solicitation number
SOL-OAA-16-000063
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US Agency for International Development Washington Office

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Solicitation for a U.S. Personal Service Contractor (USPSC) Farmer to Farmer (F2F) Program Analyst

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SOL-OAA-16-000063

SOLICITATION INFORMATION

1. SOLICITATION NUMBER: SOL-OAA-16-000063

2. ISSUANCE DATE: March 3, 2016

3. DEADLINE FOR QUESTIONS: March 18, 2016

4. CLOSING DATE/TIME: March 31, 2016, 4:00 P.M. Eastern Standard Time

5. POSITION TITLE: Farmer to Farmer (F2F) Program Analyst

6. MARKET VALUE: GS-13 with a salary range, including locality pay, ranging from $92,145 to $119,794. Final compensation will be negotiated within the listed market value based upon the candidate’s past salary, work history and educational background.

7. ORGANIZATIONAL LOCATION: BFS/CSI/TT – Bureau for Food Security, Office of

Country Strategy and Implementation, Technical Division

8. WHO MAY APPLY: Open to All US Citizens

9. PERIOD OF PERFORMANCE: three-year base period with two (2) one-year options.

The period of performance is not to exceed five (5) years. Option years are contingent upon the continued need for the technical services, funding availability and satisfactory performance by the Contractor.

10. START DATE: Once the necessary clearances are obtained, the position is to start immediately

11. PLACE OF PERFORMANCE: The position is in Washington, D.C., with approximately 10% of time dedicated to traveling.

Relocation costs are not allowable under the contract.

12. SUPERVISION: Farmer-to-Farmer Program Manager, GS-14

13. SECURITY ACCESS: Secret Level Clearance

14. PHYSICAL DEMANDS: The work is generally sedentary and does not pose undue physical demands

15. WORK ENVIRONMENT: Work is primarily performed in an office setting.

USAID will provide facilities and equipment commensurate with the position.

16. POSITION DESCRIPTION:

Introduction

The congressionally-mandated John Ognowski Farmer to Farmer Program (F2F) is housed in the Bureau of Food Security (BFS), and is funded through Title V of the Food for Peace (P.L.

480) Act. The BFS supports the sustainable reduction of hunger and poverty and improved food security through the development of more competitive global agricultural and food systems. The Bureau is responsible for technical leadership, strategic planning, field support, new technology development and implementation of other activities relating to global food security and is the lead Bureau in USAID’s lead Agency role for the Feed the Future Presidential Initiative for global hunger and food security.

Background

The objective of the F2F Program is to provide short term, U.S. agricultural technical assistance, on a people-to-people basis, to developing countries. As stated in the U.S.

Department of Agriculture Farm Bill the purpose of the F2F Program is "to assist in increasing food production and distribution, and improving the effectiveness of the farming and marketing operations of farmers." The Program currently involves eight programs implemented through cooperative agreements that utilize expertise of U.S. farmers, agriculturalists, land grant universities, private agribusinesses and non-profit farm organizations on a voluntary basis in response to local needs identified by overseas host country farmers and organizations in USAID partner countries. A separate F2F Special Program Support Project funds smaller specialized projects that involve new implementing organizations. The F2F Program supports work in about 65 projects in about 28 countries, provides for over 750 volunteer assignments annually with an annual obligation of approximately $15.0 million. Additional related F2F Associate Award projects may total up to $156 million over ten years.

Position Overview

The Office of Country Strategies and Implementation in the Bureau of Food Security (BFS/CSI) requires the services of a Program Analyst for the F2F Program. The position will be located in Washington, D.C. with approximately 10% of the time spent on Domestic and International travels. The Program Analyst will analyze data from program monitoring, site visits, assessments and other sources and formulate recommendations for the F2F Program Manager and senior BFS/CSI staff. The Program Analyst will provide analytical, evaluation, and design support to the F2F Program to enhance its operational efficiencies and the sustainability and effectiveness of its development activities. The Program Analyst will maintain program databases and files, prepare reports, and coordinate logistic support for meetings and program management operations. The Program Analyst will provide analytical, monitoring and evaluation, and design support to other office agricultural and rural development programs to help integrate the F2F program into broader development activities. The Program Analyst will promote diversity in the Program and provide guidance on indicator development to measure Program progress and trends.

The Program Analyst and Program Manager work as a team and are responsible for implementation of the F2F program. The Program Analyst’s work will be overseen by the Program Manager. Within the parameters of the duties of the Program Analyst, the incumbent will be expected to work independently on day to day implementation and monitoring and internal and external contacts regarding the program.

17. DUTIES AND RESPONSIBILITIES:

The U.S. PSC Program Analyst works closely with the F2F Program Manager on all aspects of Program design, management, oversight, and support. The U.S. PSC Program Analyst serves as alternate Contracting/Agreement Officer’s Representative (AOR/COR) for F2F Program activities and may serve as AOR/COR for selected activities.

The Program Analyst:

a) monitors program implementation progress and impact through review of reports, site visits, and consolidation and maintenance of F2F Program databases, records, and reports;

b) analyzes program implementation progress and weaknesses and reviews implementation plans and periodic reports submitted by F2F grant recipients;

c) organizes program reviews, as required, and prepares reports on F2F Program implementation and summaries of portfolio reviews;

d) facilitates program management and knowledge management relating to agricultural development volunteer technical assistance programs, including organization of meetings and workshops, chairing conferences and workshops related to implementation of the F2F program, and preparing outreach materials to further objectives of the F2F Program;

e) makes recommendations to the F2F Program Manager and BFS managers on program policy, implementation, management and funding, using the information and data gained through program monitoring;

f) ensures that accurate information on specified indicators is available on time from implementing partners and suggests additional indicators of program performance as appropriate;

g) conducts site visits to F2F overseas project sites and grantees’ headquarters, as appropriate, to monitor and assess program implementation and to propose program adjustments;

h) participates in design of F2F activities and strategies for core five year Program and for additional activities that may be funded by Missions;

i) provides training and orientation to implementing partners and stakeholders on F2F strategies, approaches, M&E systems, and operational procedures; chairs conferences, seminars, and workshops for F2F stakeholders;

j) prepares outreach materials and carries out outreach for the F2F Program within USAID, with potential implementing partners, and with potential volunteer populations; promotes and documents outreach by F2F volunteers and grantees, and monitors F2F program outreach activities;

k) supports monitoring and evaluation, analysis and design of other Agency agricultural and rural development programs with a view to enhancing the integration and contribution of F2F volunteers to such programs;

l) promotes diversity in the F2F Program, providing guidance and support to minority-based organizations participating in or seeking opportunities to participate in the F2F Program, and seeks opportunities to increase involvement of other institutions and individuals in the F2F Program;

m) designs and supports reviews, evaluations, assessments, and special studies relating to the F2F program; and

n) in the absence of the F2F Program Manager, is responsible for ensuring that critical tasks are attended to

Exercise of Judgment

Responsibility for Decision Making: The F2F Program Analyst performs under general administrative guidance of the F2F Program Manager and the Director of the BFS/CSI Office, with wide latitude for the exercise of independent judgment, work of outstanding difficulty in planning, monitoring and evaluating volunteer program performance and impacts. The incumbent has responsibility along special technical or administrative lines for which demonstrated leadership and unusual attainment of expertise in volunteer program management are required. The F2F Program Analyst exercises independent judgment in areas such as program/project management and contributes substantially to policy for the F2F Program, but is not a policy-maker.

Knowledge Level required by the Position: The F2F Program Analyst must have mastery of professional or technical issues relating to volunteer programs for agricultural and rural development to: apply experimental theories and new developments to problems not susceptible to accepted methods for monitoring and evaluation and must make decisions and recommendations that significantly influence F2F programs. Further information on education and experience requirements can be found in Part 18.

Supervisory Controls: The F2F Program Analyst’s supervisor sets overall objectives and the incumbent and supervisor together develop deadlines, projects and work to be done. The incumbent then independently plans, designs, and carries out project, studies, and programs.

Completed work is reviewed only from an overall standpoint in terms of feasibility, compatibility with other work, or effectiveness in meeting requirements, or expected results.

Results of the F2F Program Analyst’s work are considered technically authoritative.

Guidelines for the Position: For the F2F Program Analyst, administrative policies and precedents are applicable but are stated in general terms (i.e., agency policy). Guidelines available for F2F Program are scarce and of limited use. The employee must use initiative and resourcefulness in deviating from traditional methods or in researching patterns and trends to develop new methods, criteria or proposed policies Judgment and ingenuity is required to interpret the intent of guides and to develop applications/guidelines

Complexity: Duties of the F2F Program Analyst are significantly varied and require many different unrelated processes and methods that are applied to a broad range of problems/situations that require a substantial depth of analysis. Decisions are made that involve major areas of uncertainty in approach, methodology, interpretation and evaluating processes. There are continuing changes in program, technological developments, unknown phenomena, or continuing requirements. Work typically involves engagement with country programs and coordination of over 100 activities active in over 30 USAID program countries. The work requires originating new techniques, establishing criteria, or developing new information.

Scope and Effect: The F2F Program Analyst’s work involves establishing criteria, formulating projects, assessing program effectiveness, or investigating or analyzing a variety of unusual conditions, problems or questions. Work products and services affect a wide range of F2F activities in multiple countries and technical areas. Work typically includes planning, organizing, directing, designing and coordinating programs and/or projects, requiring creativity and support efforts of others. Work also entails coordinating evaluations to determine the feasibility of various advanced approaches to agricultural and rural development, especially as relate to local capacity development, and may define concepts and criteria for future programs or to resolve major problems in current programs. Work typically requires formal responsibilities for leading teams, guiding and coordinating the work of other professional or technical staff.

Personal Contacts: The F2F Program Analyst’s contacts are with individuals or groups from inside and outside of the agency. Contacts frequently take place in moderately unstructured settings (i.e., not routine coordination meetings). The role and authority of each party is identified and developed during the course of the contact. Typical contacts are those with senior level professionals, implementing partner representatives and representatives of professional organizations. The F2F Program Analyst provides technical advice in the area of voluntary technical assistance and agricultural development in formulation of related higher-level program. Contacts influence, motivate, control or direct people or groups that may be skeptical or uncooperative. The incumbent must be skillful in determining the appropriate approach in negotiating and persuading others, and in establishing rapport in order to gain and relay information.

18. MINIMUM QUALIFICATIONS:

The below minimum qualifications determine basic eligibility for position. Applicants who do not meet all of the selection factors listed below are considered NOT qualified for the position.

1. Must be a U.S. citizen

2. Ability to obtain a SECRET security clearance.

3. A Bachelor’s degree from an accredited university in agriculture or a field relevant to rural development AND a relevant Master’s Degree or at least five (5) years of progressively responsible experience in this field (management and/or analysis of agriculture/rural development projects).

4. Must have a minimum of three (3) years of experience working with overseas development projects in agriculture or rural development, with some experience in program monitoring, database management, and/or managing a Monitoring Information System.

5. Minimum of two (2) years living overseas in developing countries and simultaneously working in rural development projects or at least five (5) years of experience working with NGOs on agricultural development programs.

6. The applicant must possess a high degree of proficiency in both written and spoken English.

7. The applicant must possess a high degree of proficiency in computer programs - Excel, Word, and PowerPoint and should ideally have proficiency in social science analysis software.

8. The applicant must have or commit to obtaining AOR/COR (FAC-COR) certification for managing USAID assistance and acquisition awards.

19. APPLICATION INSTRUCTIONS:

(a) Interested individuals are required to submit an Optional Application for Federal

Employment Form (OF-612) (available at the http://www.usaid.gov/forms)

(b) Applicants must submit a current resume/curriculum vita (CV) which clearly demonstrates their education, experience, knowledge, skills and abilities as they relate to the evaluation criteria.

(c) Applicants must address in a supplementary document each of the Evaluation Criteria describing specifically and accurately what experience, training, education and/or awards they have received that are relevant to each factor. A maximum of five pages total is allowed. Excess pages will NOT be evaluated. Be sure to include your name and the announcement number at the top of each additional page.

1. Describe your experience in agriculture, international agricultural and rural development, food security and agri-business development activities in a developing country or countries

2. Describe your experience in design, monitoring, and evaluation of complex and diverse agricultural development programs, grants, and/or contracts

3. Provide specific examples of your effective skills in oral and written communication to prepare and present analyses, reports, provide guidance, solicit information, and the ability to communicate and interact effectively with others, includes interpersonal skills

4. Provide specific examples of your ability to exercise independent judgment, work under pressure and meet deadlines, liaise with multiple partners at all levels and adapt to rapidly changing needs

5. Provide specific examples of your computer skills which demonstrate your proficiency with Word, Excel, database, PowerPoint applications

(d) Applicants are required to provide a minimum of three (3) references within the last ten

(10) years of the applicant’s professional life. At least two (2) references must be from direct supervisors who can provide information regarding the applicant’s knowledge of communications and outreach work. Applicants must provide e-mail addresses and/or telephone numbers for all references. Reference check will only be conducted on the successful applicant. The successful applicant must have satisfactory performance based on the reference check conducted.

(e) Please send your application to the attention of Kelly Fink via e-mail to Abibou

Oussantidja aoussantidja@usaid.gov and Kelly Fink kfink@usaid.gov. Signature pages of e-mailed applications must be scanned and submitted with the application. Please note all OF-612 forms must be signed – unsigned applications shall NOT be considered.

Applications must be received by the closing date and time specified in the cover letter.

20. EVALUATION CRITERIA:

Selection will be based on panel evaluation of the Technical Evaluation. Applications which do not meet the minimum qualifications required in Section 18 will not be scored. Interviews and references may be requested and used as part of the evaluation. Maximum Points Available: 100

1. Demonstrated experience in agriculture, international agricultural and rural development, food security, and agri-business development activities in a developing country or countries. (20 points)

2. Demonstrated experience in design, monitoring, and evaluation of complex and diverse agricultural development programs, grants, and/or contracts. (20 points)

3. Demonstration of effective skills in oral and written communication to prepare and present analyses, reports, provide guidance, solicit information, and the ability to communicate and interact effectively with others, includes interpersonal skills. (20 points)

4. Demonstrated ability to exercise independent judgment, work under pressure and meet deadlines, liaise with multiple partners at all levels and adapt to rapidly changing needs. (20 points)

5. Proficiency with Word, Excel, database, PowerPoint applications as demonstrated by specific examples of computer skills provided. (20 points)

21. SELECTION PROCESS

(1) Applications will initially be screened for conformity with minimum requirements and a short list of applicants developed.

(2) USAID reserves the right to interview only the highest ranked applicants in person or by phone OR not to interview any candidate. The interview may be a deciding factor in selection.

(3) After the closing date for receipt of applications, a committee will be convened to review applications and evaluate them in accordance with the evaluation criteria. Applications from candidates which do not meet the required selection criteria will not be scored. Only shortlisted applicants will be contacted.

22. LIST OF REQUIRED FORMS FOR PSC:

Forms outlined below can found at: http://www.usaid.gov/forms

1. Optional Form 612.

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

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). **

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

** Forms 2 through 6 shall be completed only upon notification from the Contracting Officer that an applicant is the successful candidate for the job.

23. BENEFITS/ALLOWANCES AND MISCELLANEOUS:

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

BENEFITS:

Employer's FICA Contribution Contribution toward Health & Life Insurance Pay Comparability Adjustment Annual Increase (pending a satisfactory performance evaluation) Eligibility for Worker's Compensation

Annual & Sick Leave

OVERSEAS 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).

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

25. CLAUSES AND POLICY DIRECTIVES:

a. Personal Services Contract Clauses: Clauses applicable to the resultant award can be found in AIDAR Appendix D. Appendix D can be found at this link:

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

b. AAPDs and CIBs contain changes to USAID policy and General Provisions in USAID regulations and contract. Those documents can be found at this website:

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

Special attention should be given to AAPD 15-02 for information on Leave and Holidays and AAPD 06-10 on PSC Medical Expense Payment Responsiblity

c. Standards of Ethical Conduct for Employees of the Executive Branch:

https://www2.oge.gov/web/oge.nsf/OGE%20Regulations/5D633072D0B2DB5085257E9 6006A90E7?opendocument

d. The following mandatory and required as applicable FAR Clauses have been incorporated into Attachment 1 to this solicitation:

FAR Clause 52.204-9 FAR Clause 52.222-50

26. MISCELLANEOUS:

a. If a temporary SECRET security clearance and Department of State medical clearance are not obtained within nine months, the offer may be rescinded.

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

c. Individuals contracted as USPSCs are encouraged to contact Dun & Bradstreet (1-800-424- 2495) to obtain a DUNS Number. For more information on DUNS Numbers, please refer to FAR Clause 52.204-6, Data Universal Numbering System (DUNS) Number (04/2008) http://acquisition.gov/comp/far/current/html/52_200_206.html#wp1137568

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

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

DISQUALIFYING HANDICAP, MARITAL STATUS, SEXUAL ORIENTATION,

AFFILIATION WITH AN EMPLOYEE ORGANIZATION, OR OTHER NON-MERIT

FACTOR.

ATTACHMENT 1 – FAR CLAUSES AND OTHER APPLICABLE REGULATIONS

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL

(JAN 2011)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee’s employment.

(3) Upon contract completion or termination.

(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor’s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

(End of clause)

Homeland Security Presidential Directive-12 (HSPD-12) (September 2006)

In response to the general threat of unauthorized access to federal facilities and information systems, the President issued Homeland Security Presidential Directive-12. HSPD-12 requires all Federal agencies to use a common Personal Identity Verification (PIV) standard when identifying and issuing access rights to users of Federally-controlled facilities and/or Federal Information Systems. USAID will begin issuing HSPD-12 “smart card” IDs to applicable contracts, using a phased approach. Effective October 27, 2006, USAID will begin issuing new “smart card” IDs to new contractors (and new contractor employees) requiring routine access to USAID controlled facilities and/or access to USAID’s information systems. USAID will begin issuance of the new smart card IDs to existing contractors (and existing contractor employees) on October 27, 2007. (Exceptions would include those situations where an existing contractor (or contractor employee) loses or damages his/her existing ID and would need a replacement ID prior to Oct 27, 2007. In those situations, the existing contractor (or contractor employee) would need to follow the PIV processes described below, and be issued one of the new smart cards.)

Accordingly, before a contractor (including a PSC* or a contractor employee) may obtain a USAID ID (new or replacement) authorizing him/her routine access to USAID facilities, or logical access to USAID’s information systems, the individual must provide two forms of identity source documents in original form and a passport size photo. One identity source document must be a valid Federal or state government-issued picture ID. (Overseas foreign nationals must comply with the requirements of the Regional Security Office.) USAID/W contractors must contact the USAID Security Office to obtain the list of acceptable forms of documentation, and contractors working in overseas Missions must obtain the acceptable documentation list from the Regional Security Officer. Submission of these documents, and related background checks, are mandatory in order for the contractor to receive a building access ID, and before access will be granted to any of USAID’s information systems. All contractors must physically present these two source documents for identity proofing at their USAID/W or Mission Security Briefing. The contractor or his/her Facilities Security Officer must return any issued building access ID and remote authentication token to USAID custody upon termination of the individual’s employment with the contractor or completion of the contract, whichever occurs first.

The contractor must comply with all applicable HSPD-12 and PIV procedures, as described above, and any subsequent USAID or government-wide HSPD-12 and PIV procedures/policies, including any subsequent related USAID General Notices, Office of Security Directives and/or Automated Directives System (ADS) policy directives and required procedures. This includes HSPD-12 procedures established in USAID/Washington and those procedures established by the overseas Regional Security Office.

In the event of inconsistencies between this clause and later issued Agency or government-wide HSPD-12 guidance, the most recent issued guidance should take precedence, unless otherwise instructed by the Contracting Officer. The contractor is required to include this clause in any subcontracts that require the subcontractor or subcontractor employee to have routine physical access to USAID space or logical access to USAID’s information systems.

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

(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 this contract; or

(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.

APPENDIX 2 – PROVISIONS REQUIRED IN FULL TEXT

AAPD 15-02 GP 5. LEAVE AND HOLIDAYS (DEC 2015)

(Pursuant to class deviation #M/OAA-DEV-AIDAR-16-1c)

(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.

(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 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.

(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.

(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.

[End of Provision]

USPSC PROVISION “MEDICAL EXPENSE PAYMENT RESPONSIBILITY

(OCTOBER 2006)

MEDICAL EXPENSE PAYMENT RESPONSIBILITY (OCTOBER 2006)

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

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

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

SERVICES.”

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

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

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

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

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