SOL-OAA-16-000153.PSCSolicitation.7.14.2016.pdf

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Solicitation for a U.S. Personal Service Contractor (PSC)

Position Title: Program Manager Duty Office: GH/PDMS Solicitation Number: SOL-OAA-16-000153 Salary Level: GS-14 Equivalent: $108,887.00 - $141,555.00 Issuance Date: July 14, 2016 Closing Date: August 4, 2016 Closing Time: 2:00 P.M. EDT

Dear Prospective Applicants:

The United States Government (USG), represented by the U.S. Agency for International Development (USAID), Bureau for Global Health (GH), Office of Professional Development and Management Support (PDMS), is seeking applications from qualified U.S. citizens to provide personal services as a Program Manager under a Personal Services Contract (PSC), as described in the attached solicitation.

Submittals must be in accordance with the attached information in this solicitation, at the place and time specified. In order to be considered for the position, an applicant must meet the Minimum Qualifications listed in the solicitation. Consideration and selection will be based on a panel evaluation of the applications vis-à-vis the Quality Ranking Factors.

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

1. Signed USAID Form AID 302-3. Resumes must be attached to USAID’s Form AID 302-3.

Applicants are required to complete sections A through I, and physically sign the certification at the end of the AID 302-3. Electronic signatures will not be accepted. Applications that are received without a handwritten signature will not be considered for the position.

2. Complete resume. In order to fully evaluate an applicant’s application, the applicant’s 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.

Solicitation for a USPSC Program Manager SOL-OAA-16-000153

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(c) Names and contact information (phone and email) of the applicant’s current and/or previous supervisor(s). Current and/or previous supervisors may be contacted for a reference.

(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.

The applicant’s resume should contain sufficient information to make a valid determination that the applicant fully meets the experience requirements as stated in this solicitation. This information should be clearly identified in the applicant’s resume. Failure to provide information sufficient to determine the applicant’s qualifications for the position will result in loss of full consideration.

3. Responses to the Quality Ranking Factors: Each applicant’s supplemental documentation must specifically address the Quality Ranking Factors (QRFs) shown in the solicitation. This includes a brief appendix/cover letter to demonstrate how prior experience and/or training address these factors.

4. Professional References. Names and current contact information of three (3) professional references that have knowledge of the applicant’s ability to perform the duties set forth in this solicitation.

Additional documents submitted will not be accepted. Applicants are responsible for submitting the required documentation, so as to reach the Government office designated in the solicitation by the closing date and time specified in the solicitation. Incomplete or late applications will not be considered. The applicant’s USAID Form 302-3; complete resume;

supplemental documentation addressing the QRFs; and professional references must be emailed to:

Samantha Corey Contracting Officer

M/OAA/GH

301 4th Street SW Washington, DC 20024 EMAIL: scorey@usaid.gov

USAID email server cannot handle more than 25 MBs of attachments per email. If the applicant must divide the application into more than one email, please number the emails in the subject line (i.e. SOL-OAA-16-000153 Email 1 of 3).

This solicitation allows for up to two positions to be filled; however, it in no way obligates USAID to award a Personal Services Contract (PSC), nor does it commit USAID to pay any cost incurred in the preparation and submission of the application. USAID reserves the right to select additional candidates if vacancies become available during future phases of the selection process.

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ATTACHMENT 1

SOLICITATION NUMBER: SOL-OAA-16-000153

ISSUANCE DATE: July 14, 2016

CLOSING DATE/TIME FOR

RECEIPT OF APPLICATIONS: August 4, 2016, 2:00 pm EDT POSITION TITLE: Program Manager OFFICE: Bureau for Global Health, Office of Professional

Development and Management Support (GH/PDMS), Arlington, VA

NUMBER OF POSITIONS: Up to two (2) positions may be filled under this solicitation

MARKET VALUE: GS-14 equivalent (108,887.00 - $141,555.00), per annum inclusive of Washington, DC area 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.

WHO MAY APPLY: U.S. Citizens Only PERIOD OF PERFORMANCE: Two years from the start date of the contract. This contract may be renewed in one year increments for up to three (3) additional years, for a period not exceeding five (5) years total, by mutual agreement of both parties, and subject to the following conditions: the satisfactory performance of the contractor, the requirements of the requiring office, and the availability of funds.

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

PLACE OF PERFORMANCE: Arlington, VA SUPERVISOR: GH/PDMS Office Director SECURITY CLEARANCE: Secret Clearance

STATEMENT OF WORK:

INTRODUCTION

This position is located in the Office of Professional Development and Management Support (PDMS) of the Bureau for Global Health (GH). GH/PDMS is responsible for three functional areas of the Bureau for Global Health: Professional and Organizational Development, Personnel and Administrative Support. The Office is composed of three teams. The Professional and

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Organizational Development Team manage professional development activities, including training (e.g., PHuNdamentals, eLearning and SOTA (State of the Art) workshops). The incumbent of this USPSC position will perform a wide range of complex duties in the areas of management analysis, program management, program development and management, budget execution, and human resources management. The incumbent will serve as a COR/AOR for Staffing/Manpower-related contracts/agreements. The functions of this office are described in ADS 101, Organization.

The incumbent of this USPSC position will be located in the Bureau for Global Health, Office of Professional Development and Management Support (GH/PDMS) and report directly to the Office Director. S/he is expected to consult with the Office Director on all policy decisions.

S/he is expected to manage relationships and assignments with minimal supervision, but with regular consultation and coordination with the GH/PDMS Office Director.

I. BASIC FUNCTION OF THE POSITION

The purpose of the Program Manager’s work is to provide the Global Health Bureau’s Office of Professional Development and Management Support (GH/PDMS) with human resources expertise. The incumbent will perform a wide range of complex duties in the areas of management analysis, program management, program development and management, budget execution, and human resources management. The incumbent will serve as a COR/AOR for Staffing/Manpower-related contracts/agreements.

II. DUTIES AND RESPONSIBILITIES OF THE POSITION

The GH/PDMS Program Manager:

• Manages significant elements or phases of projects related to major staffing/manpower and human resources functions, programs or operations. Overcomes and resolves difficult and complex technical project management, and organizational problems using innovative and original approaches. Plans, guides, coordinates, and manages the work of subordinate, secondary and/or matrixes resources.

• Provides technical advice and guidance to senior Global Health management on position management, human capital alternatives and administrative support for GH and the positions it supports worldwide.

• Serves as a technical expert in interpretations of financial reports, statements, and data which point out trends, identify deviations from standards and/or plans, and project data into the future. Estimates the effect of proposed changes in legislation or regulations on programs and systems, such as financial systems.

• Reviews productivity in all project areas and phases, monitors problem areas, and oversees implementation of solutions to project issues.

• Conducts periodic and comprehensive evaluation of on-going project functions to work toward ensuring project goals are met. Recommends actions necessary to maintain or

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• Prepares correspondence, technical reports, estimates, fact sheets, status reports, and schedules to complete project assignments and keep interested parties informed of progress on project goals.

• Serves as the principal (COR) for centrally managed activities, performing the full range of program/project management functions for technical professionals and administrative and program support programs and projects for Agency-wide, global application. Identifies programs/projects that are susceptible to centralized management.

• Provides expert advice and guidance on government programs and policies which are of significant interest to the public and Congress. The programs cut across or strongly influence a number of agencies, and/or the incumbent’s recommendations directly impact key governmental functions or result in substantial redirection of Federal efforts or policies related to major national issues. Prepares reports and/or written analyses regarding USAID policies and positions on difficult or complex matters.

• [Contracts and Fellowship programs help USAID address its immediate and emerging human capital needs by developing a diverse group of global health professionals to support and sustain the effectiveness of the Agency’s current and future health programs. This cadre of global health talent is motivated, technically excellent, well-supported, representative of the diversity of the American people, and committed to contributing to USAID’s success in key global health priority areas.] Maintains liaison with Mission counterparts and appropriate host-country officials. Prepares planning, authorization, and implementation documents and monitors their timely clearance and execution. Develops or assures preparation of scopes of work and budgets for technical assistance, and prepares justification memoranda for funding and implementation of cooperative agreements, grants, contracts, and inter-agency agreements. Oversees implementation and evaluation of cooperative agreements, grants, contracts, and inter-agency agreements to ensure acceptable quality and conformance to agreed requirements. Monitors partner, grantee and contractor performance, and project progress, to identify substantive or administrative problems, taking corrective action with respect to modifications in program/project content, direction, funding, staff levels, etc.

Mediates in cases of discrepancy in implementation between USAID, other USG agencies, partner/grantees/contractors, and Missions. Recommends expansion or continuation of programs/projects, and initiates and reviews interim and final evaluations, participating in evaluations as needed.

• Serves as an expert on human resources management matters for an organization with varied functions and several major support services program areas with frequently changing programs and service requirements. These areas are interrelated, and changes in one major program often impact other support services, administrative programs, or program areas.

Develops correspondence to the Administrator, Bureau Assistant Administrators (AAs), Director of Human Capital and Talent Management (HCTM), or other agency officials on a wide variety of complex and sensitive issues related to the various personnel systems.

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• Plans and manages major administrative programs. Develops detailed plans, goals, and objectives for the long-range implementation and administration of the program, and/or develops criteria for evaluating the effectiveness of the program. Decisions concerning planning, organizing and conducting studies are complicated by conflicting program goals and objectives. Assignments are complicated by the need to deal with subjective concepts, the quality and quantity of actions are measureable primarily in predictive terms, and findings and conclusions are highly subjective and not readily susceptible to verification through explication of study methods or reevaluation of results. Options, recommendations and conclusions take into account and give appropriate weight to uncertainties about the data and other variables which affect long-range program performance.

• Analyzes and evaluates major administrative aspects of substantive, mission-oriented programs. Develops long-range program plans, goals, objectives, and milestones or evaluates the effectiveness of programs conducted throughout an agency, or a regional structure of equivalent scope. Identifies and develops ways to resolve problems or cope with issues which directly affect the accomplishment of principal program goals and objectives.

Develops new ways to resolve major administrative problems or plans the most significant administrative management aspects of professional or scientific programs. Develops administrative regulations or guidelines for the conduct of program operations or new criteria for measuring program accomplishments. Study reports contain findings and recommendations of major significance to top management of the agency, and often serve as the basis for new administrative systems, legislation, regulations, or programs.

III. GUIDELINES

Guidelines include basic administrative policy statements, foreign assistance legislation, related court decisions, federal statutes, state and local laws, and Agency policies, criteria and directives relating to a variety of human resources, financial systems, program management and public health development programs in developing countries.

Guidelines are either very broad and require extensive interpretation or have only limited applicability to the Office’s objectives. The incumbent must use judgment, discretion, and ingenuity to interpret and adapt these guidelines, existing policy and regulatory guidance to the specific projects and specialized situations. The incumbent is recognized as an expert in the development and/or interpretation of guidance on program planning and evaluation in a specialized area. The incumbent must exercise judgment in advising PDMS and Mission staff, cooperating agencies and other senior U.S., international, and developing country public health experts and representatives on the interpretation and application of Agency policies, guidelines and regulations.

IV. SUPERVISORY RELATIONSHIP/CONTROLS

At the GS-14 level, the incumbent’s supervisor will provide direction in terms of broadly defined program goals and objectives. The incumbent is expected to act independently with little direction and will have wide latitude for the exercise of independent judgment.

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The Program Manager will report directly to the GH/PDMS Office Director. The employee will be provided with the support services, equipment, and supplies necessary to perform the work.

As a recognized authority in the analysis and evaluation of programs and issues, the incumbent is subject only to administrative and policy direction concerning overall project priorities and objectives. The incumbent is typically delegated complete responsibility and authority to plan, schedule, and carry out major projects concerned with the analysis and evaluation of programs or organizational effectiveness. Analyses, evaluations, and recommendations developed by the incumbent are normally reviewed by management officials only for potential influence on broad agency policy objectives and program goals. Findings and recommendations may be accepted without significant change.

V. WORK ENVIRONMENT/PHYSICAL DEMANDS

The work is mostly sedentary and does not pose undue physical demands. Some walking, bending and carrying light items may be required.

Work is primarily performed in an office setting. USAID will provide facilities and equipment commensurate with the position.

VI. START DATE

Immediately, once necessary clearances are obtained.

VII. MINIMUM REQUIREMENTS FOR HIRING AT THE GS-14 LEVEL

These factors determine basic eligibility for the position. Applicants who do not meet factors 1 through 7 are determined NOT qualified for the position, and will not be considered.

1. At the GS-14 level, the incumbent will either have:

• A Bachelor's of Arts Degree in a human resources or business related field from an accredited U.S. or internationally recognized institution AND at least seven (7) years of progressively responsible experience managing multiple manpower mechanisms that provided humanitarian assistance and/or international development assistance at a large organization (governmental or non-governmental), OR

• A Master's of Arts Degree in a human resources or business related field from an accredited U.S. or internationally recognized institution AND at least three (3) years of progressively responsible experience managing multiple manpower mechanisms that provided humanitarian assistance and/or international development assistance at a large organization (governmental or non-governmental);

AND factors 2 through 7 below:

2. U.S. Citizenship;

3. Complete application package to include completed AID 302-3 with handwritten signature, resume with references, cover sheet and QRF responses. Experience that cannot be quantified will not be counted towards the solicitation requirements;

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4. FAC-COR eligible (current certification status preferred but not required);

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

6. Ability to obtain a SECRET level security clearance; and

7. Ability to obtain a Department of State Medical Clearance.

VIII. QUALITY RANKING FACTORS (QRFs)

QRFs determine the competitive ranking of qualified applicants who meet the minimum qualifications listed in Section VI. Applicants are required to address each of the QRFs in a separate document describing specifically and accurately what experience, training, education and/or awards they have received that are relevant to each factor.

Applicants: Be sure to include your name and the announcement number at the top of each additional page. Failure to address the selection and/or Quality Ranking Factors may result in your not receiving credit for all of your pertinent experience, education, training and/or awards.

All applications will be evaluated and scored based on the documentation submitted with the application, the following factors, the performance in an interview, if selected for an interview, and the information received from references, if such information is requested. USAID reserves the right to contact references other than those included in the application package.

QRF 1 (15 points) Please describe your mastery of a wide range of qualitative and/ or quantitative methods for the assessment and improvement of program effectiveness or the improvement of complex management process and systems.

QRF 2 (15 points) Please describe your comprehensive knowledge of the range of laws, policies, regulations, and precedents applicable to the administration of one or more important public programs.

QRF 3 (15 points) Please describe your knowledge of relevant USG program goals and objectives, the sequence and timing of key program events and milestones, and methods of evaluating the worth of program accomplishments.

QRF 4 (15 points) Please describe your skill to plan, organize, and direct team study work and to negotiate effectively with management to accept and implement recommendations where proposals involve substantial USG resources, require extensive changes in established procedures, or may be in conflict with the desires of the activity studied.

QRF 5 (15 points) Please describe your comprehensive knowledge of human resources related skills related to the administration of one or more public manpower programs, which may include, but are not limited to, benefits, and performance, etc.

Interview Performance – 25 points

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Satisfactory Professional Reference Checks – Pass/Fail

Total Possible Points: 100

The most qualified candidates may be interviewed and required to provide a writing sample.

USAID will not pay for any expenses associated with the interviews. USAID reserves the right to interview only the highest ranked applicants in person or by phone OR not to interview any candidate. Professional references and academic credentials will be evaluated for applicants being considered for selection. USAID reserves the right to select additional candidates if vacancies become available during future phases of the selection process.

IX. HOW TO APPLY

Applications must be received via email by the closing date and time at the address specified in the cover letter and page 1 of Attachment 1, and submitted to the Point of Contact in the cover letter. To ensure consideration of applications for the intended position, Applicants must prominently reference the Solicitation number in the application submission, and subject line in any email. Qualified individuals are required to submit:

1. USAID Form AID 302-3 with hand-written signature. This form is available at the

USAID website, https://www.usaid.gov/forms/aid-302-3. Applicants are required to complete sections A through I, and physically sign the certification at the end of the AID 302-3. Electronic signatures will not be accepted. Applications that are received without a handwritten signature will not be considered for the position.

2. Complete resume. In order to fully evaluate the applicant’s application, the applicant’s 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 the applicant’s current and/or previous supervisor(s). Current and/or previous supervisors may be contacted for a reference.

(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.

The applicant’s resume should contain sufficient information to make a valid determination that the applicant fully meets the experience requirements as stated in this solicitation. This information should be clearly identified in the applicant’s resume. Failure to provide https://www.usaid.gov/forms/aid-302-3

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3. Responses to the Quality Ranking Factors. Each applicant’s supplemental documentation must specifically address the Quality Ranking Factors (QRFs) shown in the solicitation. This includes a brief appendix or cover letter (no more than one (1) page) that demonstrates how prior experience and/or training directly address the evaluation criteria. A maximum of five pages total is allowed, excluding the brief appendix or cover letter. Excess pages will NOT be evaluated.

4. Professional References. Names and current contact information of three (3) professional references that have knowledge of the applicant’s ability to perform the duties set forth in this solicitation.

Additional documents submitted will not be accepted.

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

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

X. LIST OF REQUIRED FORMS FOR PSCs

Once the CO informs the successful Applicant about being selected for a Personal Services Contract (PSC) award, the CO will provide the successful Applicant instructions about how to complete and submit the following forms. Forms outlined below can found at http://www.usaid.gov/forms/ or http://www.forms.gov/bgfPortal/main.do.

1. USAID Form 302-3 (To be submitted with application with handwritten signature).

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). **

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

NOTE: If the full security application package is not submitted within 30 days after the Office of Security determines eligibility, the offer may be rescinded. If a Secret security clearance is not obtained within nine months after offer acceptance, the offer may be rescinded.

http://www.usaid.gov/forms/

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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. If applicable, please see ADS 309mac, Medical Clearance Processes for USPSCs and Excepted TCN PSCs, for reimbursement cost processes.

XI. NOTE REGARDING GOVERNMENT OBLIGATIONS FOR THIS

SOLICITATION

This solicitation in no way obligates USAID to award a Personal Services Contract (PSC), nor does it commit USAID to pay any cost incurred in the preparation and submission of the application.

XII. NOTE REGARDING DATA UNIVERSAL NUMBERING SYSTEM (DUNS)

NUMBERS

All USPSCs with a place of performance in the United States are required to have a Data Universal Numbering System (DUNS) number and be registered in the SAM database. The selectee will be provided with guidance regarding this registration.

For general information about DUNS Numbers, please refer to Federal Acquisition Regulation (FAR) Clause 52.204-6, Data Universal Numbering System Number at https://www.acquisition.gov/far/current/html/52_200_206.html and FAR 52.204-7, System for Award Management at https://www.acquisition.gov/far/current/html/52_200_206.html or www.sam.gov.

XIII. BENEFITS/ALLOWANCES:

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

A. Benefits:

(1) Employee's FICA Contribution

(2) Contribution toward Health & Life Insurance (72% of Health Insurance Annual Premium (not to exceed $20,339 for a family and $7,266 for employee without dependents) & (50% of Life Insurance Annual Premium (not to exceed $500))

(3) Pay Comparability Adjustment

(4) Annual Salary Increase (pending a satisfactory performance evaluation)

(5) Eligibility for Worker's Compensation

(6) Vacation/Annual; Sick; and Holiday Leave

(7) Professional Liability Insurance (if applicable as per ADS 537)

(8) Medical Evacuation (Medevac) Insurance (if applicable)

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

B. Overseas Allowances (if Applicable).*

(1) Temporary Lodging Allowance (Section 120 of Department of State Standardized Regulations - DSSR) https://www.acquisition.gov/far/current/html/52_200_206.html https://www.acquisition.gov/far/current/html/52_200_206.html http://www.sam.gov/

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(2) Living Quarters Allowance (Section 130)

(3) Post Allowance (Section 220)

(4) Supplemental Post Allowance (Section 230)

(5) Separate Maintenance Allowance (Section 260)

(6) Education Allowance (Section 270)

(7) Education Travel (Section 280)

(8) Post Differential (Chapter 500)

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

(10) Danger Pay (Section 650)

XIV. CONTRACT INFORMATION BULLETINS (CIBs) and ACQUISITION & ASSISTANCE POLICY DIRECTIVES (AAPDs) PERTAINING TO PSCs

a. Personal Services Contract Clauses: Clauses applicable to the resultant contract 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. CIBs and AAPDs contain changes to USAID policy and General Provisions in USAID regulations and contracts. These documents can be found at this website:

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

Special attention should be given to AAPD 15-02 (Authorization of Family and Medical Leave for U.S. Personal Services Contractors (USPSCs)) for information on Leave and Holidays and AAPD 06-10 on PSC Medical Expense Payment Responsibility. These provisions are also included in Attachment 3 to this solicitation.

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

https://ofacp.od.nih.gov/ethics/pdfs/StandardsofConduct2009.pdf

d. The following mandatory and required as applicable FAR Clauses have been incorporated into Attachment 2 to this solicitation:

FAR Clause 52.204-9 FAR Clause 52.222-50

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.

https://www.usaid.gov/sites/default/files/documents/1868/aidar_0.pdf https://www.usaid.gov/work-usaid/aapds-cibs https://ofacp.od.nih.gov/ethics/pdfs/StandardsofConduct2009.pdf

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ATTACHMENT 2 – 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

15 | P a g e 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.

FAR 52.222-50 Combating Trafficking in Persons (Mar 2015)

(a) Definitions. As used in this clause— “Agent” means any individual, including a director, an officer, an employee, or an independent contractor, authorized to act on behalf of the organization.

“Coercion” means—

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

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

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

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

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

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

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

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

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

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

“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.

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“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.

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

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

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

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

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

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

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

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

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

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

(6) Charge employees recruitment fees;

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

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

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

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

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

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

(iii) The requirements of paragraph (b)(7)(i) of this clause are modified for a victim of trafficking in persons who is seeking victim services or legal redress in the country of employment, or for a witness in an enforcement action related to trafficking in persons.

The contractor shall provide the return transportation or pay the cost of return transportation in a way that does not obstruct the victim services, legal redress, or witness activity. For example, the contractor shall not only offer return transportation to a witness at a time when the witness is still needed to testify. This paragraph does not apply when the exemptions at paragraph (b)(7)(ii) of this clause apply.

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

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

(c) Contractor requirements. The Contractor shall—

(1) Notify its employees and agents of—

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

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

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

(d) Notification.

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

(i) Any credible information it receives from any source (including host country law enforcement) that alleges a Contractor employee, subcontractor, subcontractor employee, or their agent has engaged in conduct that violates the policy in paragraph (b) of this clause (see also 18 U.S.C. 1351, Fraud in Foreign Labor Contracting, and 52.203- 13(b)(3)(i)(A), if that clause is included in the solicitation or contract, which requires disclosure to the agency Office of the Inspector General when the Contractor has credible evidence of fraud); and

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

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

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

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

(2) Requiring the Contractor to terminate a subcontract;

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

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

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

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

(7) Suspension or debarment.

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

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

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

(g) Full cooperation.

(1) The Contractor shall, at a minimum—

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

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

(iii) Cooperate fully in providing reasonable access to its facilities and staff (both inside and outside the U.S.) to allow contracting agencies and other responsible Federal agencies to conduct audits, investigations, or other actions to ascertain compliance with the Trafficking Victims Protection Act of 2000 (22 U.S.C. chapter 78), E.O. 13627, or any other applicable law or regulation establishing restrictions on trafficking in persons, the procurement of commercial sex acts, or the use of forced labor; and

(iv) Protect all employees suspected of being victims of or witnesses to prohibited activities, prior to returning to the country from which the employee was recruited, and

19 | P a g e shall not prevent or hinder the ability of these employees from cooperating fully with Government authorities.

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

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

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

or

(iii) Restrict the Contractor from—

(A) Conducting an internal investigation; or

(B) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.

(h) Compliance plan.

(1) This paragraph (h) applies to any portion of the contract that—

(i) Is for supplies, other than commercially available off-the-shelf items, acquired outside the United States, or services to be performed outside the United States; and

(ii) Has an estimated value that exceeds $500,000.

(2) The Contractor shall maintain a compliance plan during the performance of the contract that is appropriate—

(i) To the size and complexity of the contract; and

(ii) To the nature and scope of the activities to be performed for the Government, including the number of non-United States citizens expected to be employed and the risk that the contract or subcontract will involve services or supplies susceptible to trafficking in persons.

(3) Minimum requirements. The compliance plan must include, at a minimum, the following:

(i) An awareness program to inform contractor employees about the Government's policy prohibiting trafficking-related activities described in paragraph (b) of this clause, the activities prohibited, and the actions that will be taken against the employee for violations. Additional information about Trafficking in Persons and examples of awareness programs can be found at the Web site for the Department of State's Office to Monitor and Combat Trafficking in Persons athttp://www.state.gov/j/tip/.

(ii) A process for employees to report, without fear of retaliation, activity inconsistent with the policy…