USAID Law Clerk_Attorney Advisor.pdf

SOLICITATION NUMBER: 7200AA23R00094

ISSUANCE DATE : 7 July 2023 CLOSING DATE/TIME : 28 July 2023 5:00pm EST

SUBJECT: Solicitation for Law Clerk/Attorney Advisor, USAID/Washington

Dear Prospective Offerors:

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

Offers must be in accordance with Attachment 1, Sections I through V of this solicitation. Incomplete or unsigned offers will not be considered. Offerors should retain copies of all offer materials for their records.

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

Any questions must be directed in writing to the Point of Contact specified in the attached information.

Sincerely, Daniel Moore Contrac�ng Officer

USAID/M/OAA/RM

ATTACHMENT 1

I. GENERAL INFORMATION

1. SOLICITATION NUMBER.: 7200AA23R00094

2. ISSUANCE DATE: 7 JULY 2023

3. CLOSING DATE/TIME FOR RECEIPT OF OFFERS: 28 JULY 2023 5:00pm EST

4. POINT OF CONTACT: Daniel Moore danmoore@usaid.gov

5. MARKET VALUE: $49,028.00 - $84,546.00 equivalent to GS 9-13 (non-locality pay)

Final compensation will be negotiated within the listed market value and will include Locality Pay for domestic USPSCs based on the location of the Official USAID Worksite, or the approved alternative worksite if approved for remote work.

6. PERIOD OF PERFORMANCE: One (1) year, with renewal option up to 5 years, subject to satisfactory performance, requirements of the program, and availability of funds.

7. PLACE OF PERFORMANCE: This position has been designated as suitable for remote work. The contractor will be authorized to perform the services under this contract from an alternative worksite. For PSC’s authorized to remote work, the alternative worksite determines the locality pay for compensation purposes. In the event the position transitions to in-person during the period of performance and the successful bidder is required to be in the Washington, D.C. area, the position may be eligible for up to $5,000 in relocation expenses.

8. ELIGIBLE OFFERORS: U.S. Citizens

9. SECURITY LEVEL REQUIRED: The successful candidate will be required to obtain a Secret level clearance.

10. STATEMENT OF DUTIES:

The incumbent provides legal advice, guidance, and opinions on labor and employment laws and regulations applicable to federal employees and staff, including but not limited to: Title VII of the 1964 Civil Rights Act, the Age Discrimination in Employment Act, The Rehabilitation Act/The Americans with Disabilities Act, Title 5 of the United States Code, and the Foreign Service Act of 1980. The incumbent at the GS 11- 13 level also represents USAID in third party administrative law proceedings.

mailto:danmoore@usaid.gov

MAJOR DUTIES AND RESPONSIBILITIES:

With extensive supervision from the Deputy Assistant General Counsel for Employment, the incumbent provides legal advice, guidance, and opinions to the Assistant to the Administrator, Office of Human Capital Talent Management, The Director of the Office of Civil Rights and the Office of the Chief Diversity Officer, The Office of Security, and subordinate staff on a day-to-day basis regarding all phases of personnel operations and assists in drafting policy for all aspects of personnel management such as appointment and assignment of personnel to domestic or overseas posts, employment of experts and consultants, separation and disciplinary actions, and training. With extensive supervision, the incumbent provides legal advice and guidance on labor and employment laws and regulations applicable to federal employees and staff, including but not limited to: Title VII of the 1964 Civil Rights Act, the Age Discrimination in Employment Act, The Federal Labor Relations Statute, The Rehabilitation Act/The Americans with Disabilities Act, Title 5 of the United States Code, and the Foreign Service Act of 1980.

Assignments include representing the Agency in administrative hearings before the Foreign Service Grievance Board, the Merit Systems Protection Board, the Federal Labor Relations Authority, Equal Employment Opportunity Commission and other administrate fora. At the GS 11-13 level, prepares the necessary legal papers for submission to Administrative Judges and panels and is the liaison with the Office of Personnel Management and the GAO on matters affecting USAID personnel operations in Washington and overseas. At the GS 11-13 level, serves as liaison between USAID and the Department of Justice in Federal labor and employment litigation.

Offerors with a Law degree from a University accredited by the American Bar Association who are not members in good standing of a State Bar in the United States will be considered at the GS-9 equivalent level (law clerk). In the event the offeror becomes a member in good standing of a State Bar in the United States during the course of the 1 year contract, the position will be converted to a GS-11 equivalent (attorney advisor) within 30 calendar days of the offeror providing written evidence of admission to a State Bar in the United States.

The Agency may, at the time of extending the optional year(s), convert the position to the next highest grade level. This will be done at the discretion of the Agency and only if the offeror demonstrates successful performance of a full year at the previous grade level. That means that, for example, an offeror hired at the GS 11 level, may be converted to the GS 12 level when an option year is exercised.

At the GS-9 Equivalent Level:

• Act with supervision to develop the litigation strategy to defend the Agency in third party adjudicative proceeds in labor and employment matters

• Act with some independent judgment to execute the litigation strategy to defend the Agency in third party adjudicative proceeds in labor and employment matters, including engaging in written and oral discovery, drafting motions, attending mediations and court proceedings

• Provide legal advice on labor law matters

• Provide legal advice on employment law matters

• Interpret Title VII of the 1964 Civil Rights Act, the Age Discrimination in Employment Act, and The

Rehabilitation Act/The Americans with Disabilities Act, to advise agency supervisors, managers and staff of the Office of Civil Rights and the Office of the Chief Diversity Officer

• Serve as advisor regarding Title 5 of the United States Code and its implementing regulations, and the Foreign Service Act of 1980 and its implementing regulations

• With supervision, provide written and oral legal opinions to clients in a clear and concise manner that takes into consideration their limited understanding of legal matters

• Collaborates with team members internal to GC and within client offices effectively and cooperatively

At the GS-11 Equivalent Level:

• Act with supervision to develop the litigation strategy to defend the Agency in third party adjudicative proceeds in labor and employment matters

• Act with some independent judgment to execute the litigation strategy to defend the Agency in third party adjudicative proceeds in labor and employment matters, including engaging in written and oral discovery, drafting motions, attending mediations and court proceedings

• Provide legal advice on labor law matters

• Provide legal advice on employment law matters

• Interpret Title VII of the 1964 Civil Rights Act, the Age Discrimination in Employment Act, and The

Rehabilitation Act/The Americans with Disabilities Act, to advise agency supervisors, managers and staff of the Office of Civil Rights and the Office of the Chief Diversity Officer

• Serve as advisor regarding Title 5 of the United States Code and its implementing regulations, and the Foreign Service Act of 1980 and its implementing regulations

• Serve as a liaison between the Department of Justice and USAID in Federal District Court employment law claims

• Clearly articulate the Agency’s legal position during oral presentation before third parties

• Clearly articulate the Agency’s legal position during written briefs and memos before third parties

• Provide written and oral legal opinions to clients in a clear and concise manner that takes into consideration their limited understanding of legal matters

• Collaborates with team members internal to GC and within client offices effectively and cooperatively

• Ability to multitask and work well on a team

At the GS-12 Equivalent Level:

• Act with more limited supervision to develop the litigation strategy to defend the Agency in third party adjudicative proceeds in labor and employment matters

• Act with primarily independent judgment to execute the litigation strategy to defend the Agency in third party adjudicative proceeds in labor and employment matters, including engaging in written and oral discovery, drafting motions, attending mediations and court proceedings

• Provide legal advice on labor law matters with more limited supervision

• Provide legal advice on employment law matters with more limited supervision

• Interpret Title VII of the 1964 Civil Rights Act, the Age Discrimination in Employment Act, and The

Rehabilitation Act/The Americans with Disabilities Act, to advise agency supervisors, managers and staff of the Office of Civil Rights and the Office of the Chief Diversity Officer

• Serve as advisor regarding Title 5 of the United States Code and its implementing regulations, and the Foreign Service Act of 1980 and its implementing regulations

• Serve as a liaison between the Department of Justice and USAID in Federal District Court employment law claims in increasingly complex legal matters

• Clearly articulate the Agency’s legal position during oral presentation before third parties

• Clearly articulate the Agency’s legal position during written briefs and memos before third parties

• Provide written and oral legal opinions to clients in a clear and concise manner that takes into consideration their limited understanding of legal matters on matters of increasing complexity

• Collaborates with team members internal to GC and within client offices effectively and cooperatively

• Ability to multitask and work well on a team

At the GS-13 Equivalent Level:

• Act with limited supervision to develop the litigation strategy to defend the Agency in third party adjudicative proceeds in labor and employment matters

• Act with independent judgment to execute the litigation strategy to defend the Agency in third party adjudicative proceeds in labor and employment matters, including engaging in written and oral discovery, drafting motions, attending mediations and court proceedings

• Provide legal advice on labor law matters with limited supervision

• Provide legal advice on employment law matters with limited supervision

• Interpret Title VII of the 1964 Civil Rights Act, the Age Discrimination in Employment Act, and The

Rehabilitation Act/The Americans with Disabilities Act, to advise agency supervisors, managers and staff of the Office of Civil Rights and the Office of the Chief Diversity Officer with limited supervision

• Serve as advisor regarding Title 5 of the United States Code and its implementing regulations, and the Foreign Service Act of 1980 and its implementing regulations with limited supervision

• Serve as a liaison between the Department of Justice and USAID in Federal District Court employment law claims in complex legal matters

• Clearly articulate the Agency’s legal position during oral presentation before third parties

• Clearly articulate the Agency’s legal position during written briefs and memos before third parties

• Provide written and oral legal opinions to clients in a clear and concise manner that takes into consideration their limited understanding of legal matters on complex matters

• Collaborates with team members internal to GC and within client offices effectively and cooperatively

• Ability to multitask

Supervisory Controls (GS 9-13)

The incumbent and supervisor together will develop deadlines, projects and work to be done. The incumbent will take direction from and report to the Deputy Assistant General Counsel for Employment or the Assistant General Counsel for Ethics and Administration. The incumbent is responsible for planning and carrying out assignments, with supervision, and is also responsible for planning their approach or methodology to be used in carrying out assignments. The incumbent will not supervise any personnel but may provide direction to law student interns and paralegal staff.

Performance Guidelines GS -9

Administrative policies and precedents are applicable but stated in general terms (i.e. Agency policy).

Guidelines are scarce or of limited use. Technical work at this level requires some experience in specialized fields. Assignments include legal research, writing and oral communication. The incumbent exercises minimal independent judgment in determining the application of current legal and regulatory provisions and case law to assigned responsibilities.

Performance Guidelines GS -11

Administrative policies and precedents are applicable but stated in general terms (i.e. Agency policy).

Guidelines are scarce or of limited use. Technical work at this level requires some experience in specialized fields. Assignments include representing the Agency in administrative hearings before the Equal Employment Opportunity Commission, the Foreign Service Grievance Board, the Federal Labor Relations Authority, the Merit Systems Protection Board, and other administrate fora. The incumbent is expected to provide clearly researched written and oral legal opinions. The incumbent prepares the necessary legal papers for submission to Administrative Judges and panels and is the liaison with the Office of Personnel Management and the GAO on matters affecting USAID personnel operations in Washington and overseas.

The incumbent exercises some independent judgment in determining the application of current legal and regulatory provisions and case law to assigned responsibilities.

Performance Guidelines GS -12

Administrative policies and precedents are applicable but stated in general terms (i.e. Agency policy).

Guidelines are scarce or of limited use. Technical work at this level requires some experience in specialized fields. Assignments include representing the Agency in administrative hearings before the Equal Employment Opportunity Commission, the Foreign Service Grievance Board, the Federal Labor Relations Authority, the Merit Systems Protection Board, and other administrate fora. The incumbent is expected to provide clearly researched written and oral legal opinions. The incumbent prepares the necessary legal papers for submission to Administrative Judges and panels and is the liaison with the Office of Personnel Management and the GAO on matters affecting USAID personnel operations in Washington and overseas.

The incumbent is expected to provide clearly researched written and oral legal opinions of increasing complexity. The incumbent exercises increasing independent judgment in determining the application of current legal and regulatory provisions and case law to assigned responsibilities.

Performance Guidelines GS -13

Administrative policies and precedents are applicable but stated in general terms (i.e. Agency policy).

Guidelines are scarce or of limited use. Technical work at this level requires at least 2 years of experience in specialized fields. Assignments include representing the Agency in administrative hearings before the Equal Employment Opportunity Commission, the Foreign Service Grievance Board, the Federal Labor Relations Authority, the Merit Systems Protection Board, and other administrate fora. The incumbent is expected to independently provide clearly researched written and oral legal opinions on complex matters.

The incumbent independently prepares the necessary legal papers for submission to

Administrative Judges and panels and is the liaison with the Office of Personnel Management and the GAO on matters affecting USAID personnel operations in Washington and overseas. The incumbent exercises independent judgment in determining the application of current legal and regular provisions and case law to assigned responsibilities.

Complexity GS-9

The incumbent addresses legal issues in the employment law arena of moderate complexity. The incumbent must work with a range of people from the Office of General Counsel, the Office of Human Capital Talent Management, the Office of Civil Rights, the Office of Security and the Office of the Chief Diversity Officer.

The incumbent applies their depth and breadth of knowledge regarding Federal labor and employment law and experience to the analysis of all pending legal matters (advisory and litigation). The incumbent will be responsible for exercising some independent judgment to resolve legal issues.

Complexity GS-11

The incumbent addresses legal issues in the employment law arena of moderate complexity. Prepares the necessary legal documents for submission to Administrative Judges and panels and is the liaison with the Office of Personnel Management and the GAO on matters affecting USAID personnel operations in Washington and overseas. The incumbent must work with a range of people from the Office of General

Counsel, the Office of Human Capital Talent Management, the Office of Civil Rights, the Office of Security, and the Office of the Chief Diversity Officer.

The incumbent applies their depth and breadth of knowledge regarding Federal labor and employment law and experience to the analysis of all pending legal matters (advisory and litigation). The incumbent will be responsible for exercising some independent judgment related to legal issues.

Complexity GS-12

The incumbent addresses legal issues in the employment law arena of moderate to high complexity. Prepares the necessary legal documents for submission to Administrative Judges and panels and is the liaison with the Office of Personnel Management and the GAO on matters affecting USAID personnel operations in Washington and overseas. The incumbent must work with a range of people from the Office of General Counsel, the Office of Human Capital Talent Management, the Office of Civil Rights, the Office of Security, The incumbent applies their depth and breadth of knowledge regarding Federal labor and employment law and experience to the analysis of all pending legal matters (advisory and litigation). The incumbent will be responsible for exercising increasing independent judgment related to legal issues.

Complexity GS-13

The incumbent addresses legal issues in the employment law arena of high complexity. Prepares the necessary legal documents for submission to Administrative Judges and panels and is the liaison with the Office of Personnel Management and the GAO on matters affecting USAID personnel operations in Washington and overseas. The incumbent must work with a range of people from the Office of General Counsel, the Office of Human Capital Talent Management, the Office of Civil Rights, the Office of Security, The incumbent applies their depth and breadth of knowledge regarding Federal labor and employment law and experience to the analysis of all pending legal matters (advisory and litigation). The incumbent will be responsible for exercising independent judgment related to legal issues.

Scope and Effect (GS 9, 11, 12, 13)

The incumbent works with the Deputy AGC for Employment or the Assistant General Counsel for Ethics and Administration to determine areas of priority. The incumbent highlights potential novel legal issues for discussion and the related resolution in the form of written legal opinions where appropriate. The incumbent will be responsible for suggesting the legal strategy and implementing that legal strategy in both employment and labor law advisory and litigation matters.

Personal Contacts (GS 9, 11, 12, 13)

Contacts are with individuals or groups from inside and outside of the Agency. Contact typically takes place in moderately unstructured settings (i.e., not routine coordination meetings). Contacts may include a variety of General Counsel staff, client offices, opposing counsels, Administrative Judges, mediators, attorneys at the Department of Justice (GS 11-13) and a variety of other stakeholders within the Agency.

Purpose of Contacts (GS 9, 11, 12, 13)

The incumbent must be able to gain the trust of Agency clients in labor and employment matters. These relationships will prove critical to the success of the incumbent.

The purpose of each contact is to reduce the Agency’s liability in employment and labor law matters and at the GS 11-13 levels only, to effectively represent the Agency in third party administrative proceedings.

Typically, incumbents consult with other legal personnel and internal Agency clients in more detail and to resolve conflicts.

Work Environment and Physical Demands (GS 9, 11, 12, 13)

The work environment involves everyday risks or discomforts that require normal safety precautions typical of offices, meeting rooms, and courtrooms (e.g., use of safe work practices with office equipment, avoidance of tripping and falling, and observance of fire regulations). The work area is adequately lighted, heated, and ventilated. This position is remote work eligible.

Minimum Qualifications GS-9

Law degree from a University accredited by the American Bar Association and exposure to employment and labor law from law school courses, post J.D. employment or law student internships.

Minimum Qualifications GS-11

Law degree from a University accredited by the American Bar Association, be a member in good standing of a State bar and exposure to employment and labor law from law school courses, post J.D. employment or law student internships.

Minimum Qualifications GS-12

Law degree from a University accredited by the American Bar Association, be a member in good standing of a State bar and exposure to employment and labor law from law school courses, post J.D. employment or law student internships. At least 12 full months of practicing law post J.D. in the areas of labor and employment in the private or public sector, with greater weight provided to Federal labor and employment law experience.

Minimum Qualifications GS-13

Law degree from a University accredited by the American Bar Association, be a member in good standing of a State bar and exposure to employment and labor law from law school courses, post J.D. employment or law student internships. At least 24 full months of practicing law post J.D. in the areas of labor and employment in the private or public sector, with greater weight provided to Federal labor and employment law experience.

II. MINIMUM QUALIFICATIONS REQUIRED FOR THIS POSITION

To be considered for the position, a candidate must meet the Minimum Qualifications listed below.

Minimum Qualifications GS-9

Law degree from a University accredited by the American Bar Association and exposure to employment and labor law from law school courses, post J.D. employment or law student internships.

Minimum Qualifications GS-11

Law degree from a University accredited by the American Bar Association, be a member in good standing of a State bar and exposure to employment and labor law from law school courses, post J.D. employment or law student internships.

Minimum Qualifications GS-12

Law degree from a University accredited by the American Bar Association, be a member in good standing of a State bar and exposure to employment and labor law from law school courses, post J.D.

employment or law student internships. At least 12 full months of practicing law post J.D. in the areas of labor and employment in the private or public sector, with greater weight provided to Federal labor and employment law experience.

Minimum Qualifications GS-13

Law degree from a University accredited by the American Bar Association, be a member in good standing of a State bar and exposure to employment and labor law from law school courses, post J.D.

employment or law student internships. At least 24 full months of practicing law post J.D. in the areas of labor and employment in the private or public sector, with greater weight provided to Federal labor and employment law experience.

III. EVALUATION & SELECTION FACTORS

The Government may award a contract without discussions with offerors in accordance with FAR 52.215-1. The CO reserved the right at any point in the evaluation process to establish a competitive range of offerors with whom negotiations will be conducted pursuant to FAR 15.306. In accordance with FAR 52.215-1, if the C determines that the number of offers that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the CO may limit the number of offerors in the competitive range to the greatest number that will permit an efficient competition among the most highly rated offers. The FAR provisions referenced above are available at: https://www.acquistion.gov/browse/index/far. Offerors who do not meet all of the selection factors are considered NOT qualified for the position.

• Offeror is a U.S. Citizen;

• Submission of a current resume, with complete contact information;

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

• USPSC Application form AID 309-2. Offerors are required to complete sections A through I.

This form must be physically signed and scanned. Electronic signatures will not be accepted;

• Submission of a legal writing sample written exclusively by the offeror, 4-10 pages in length;

• Ability to obtain and maintain a Secret level clearance within nine months following the job offer acceptance;

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

• Satisfactory verification of academic credentials from an American Bar Association

Accredited Law School; and

• Satisfactory verification of membership in good standing of a State Bar in the United States

(GS 11-13)

Offerors not meeting minimum qualifications will not be evaluated further.

Evaluation Criteria:

Offeror Rating System:

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

The offeror rating system factors are used to determine the competitive ranking of qualified offerors in comparison to other offerors. Offerors must demonstrate the rating factors outlined below within their resume, as they are evaluated strictly by the information provided. The rating factors are as follows:

Professional or School Experience (40 points) (GS 9,11, 12, 13)

• Experience with interpreting, determining, and applying the authorities and requirements of employment and labor-related laws and authorities, including Title VII of the 1964 Civil Rights Act, The Foreign Service Act, the Age Discrimination in Employment Act, The Federal Labor Management Relations Statute, the Privacy Act, Executive Orders, regulations, policies, and case law;

• Experience performing legal research on employment and labor law matters, such as hiring, performance and conduct issues, discrimination issues, pay and benefits;

• Experience performing legal writing on employment and labor law matters, such as hiring, performance and conduct issues, discrimination issues, pay and benefits;

• Experience performing litigation on labor and employment law matters, such as drafting and responding to written discovery, taking and defending depositions, drafting motions and legal briefs submitted to third parties.

Interview Performance (40 points)

During the interview, the candidate must demonstrate clear and organized communication while expanding on background and experiences. The candidate must be able to articulate ideas that demonstrate breadth of knowledge on relevant topics as presented to the panel. The most qualified candidates may be interviewed.

USAID will not pay for any expenses associated with the interview.

Satisfactory Professional Reference Checks (10 points)

Legal Writing Sample (10 points)

Basis of Rating: Offerors who meet the Education/Experience requirements and Selection Factors will be further evaluated in accordance with the Offeror Rating System. Those offerors determined to be competitively ranked may also be evaluated on interview performance and satisfactory professional reference checks.

Offerors are required to address each factor of the Offeror Rating System in their resume, describing specifically and accurately what experience, training, education, and/or awards they have received as it pertains to each factor. Be sure to include your name and the announcement number at the top of each additional page. Failure to address the selection factors and/or Offeror Rating System factors may result in not receiving credit for all pertinent experience, education, training, and or awards.

The most qualified offerors may be interviewed. USAID will not pay for any expenses associated with the interviews. Professional references and academic credentials will be evaluated for offerors being considered for selection. Note: Please be advised that references may be obtained independently from other sources in addition to the ones provided by an offeror. USAID reserves the right to select additional offerors if vacancies become available during the future phase of the selection process.

TERM OF PERFORMANCE

The base term of the contract may be for a period up to 12 months, which may be extended upon mutual agreement and subject to, continued need, satisfactory performance and availability of funds. This position has been classified as equivalent to a GS 9-13 position in the USG Civil Service. The actual salary of the successful candidate will be negotiated depending on qualifications and previous salary history. In addition to the basic salary, differentials and other benefits in effect at the time and which are applicable and subject to change on a similar basis as for direct-hire USG employees will be added.

SECURITY AND MEDICAL CLEARANCE

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

IV. SUBMITTING AN OFFER:

1. Eligible offerors are required to complete and submit the offer form AID 309-2 “Offeror Information for Personal Services Contracts with Individuals,” available at http://www.usaid.gov/forms.

2. Offers must be received by the closing date and time specified in Section I, item 3 and submitted to the Point of Contact in Section I

3. Offeror submissions must clearly reference the Solicitation number on all offeror submitted documents.

http://www.usaid.gov/forms

4. Qualified individuals are required to submit:

Complete resume. In order to fully evaluate your offer, your resume must include:

• Paid and non-paid experience, job title, location(s), dates held (month/year), and hours worked per week for each position. Experience that does not include this information will not be counted towards meeting the solicitation requirements.

• Specific duties performed that fully detail the level and complexity of the work.

• Education and any other qualifications including job-related training courses, job-related skills, or job-related honors, awards, or accomplishments. Failure to identify an academic discipline will result in disqualification. Demonstration of graduation from an American Bar Association Accredited law school.

• Proof of U.S. Citizenship

• Your resume must contain sufficient information to make a valid determination that you fully meet the experience requirements as stated in the solicitation. This information must be clearly identified in your resume. Failure to provide information sufficient to determine your qualifications for the position will result in a loss of full consideration.

5. Proof of membership in good standing of a State bar in the United States (Grades 11-13)

6. A legal writing sample written exclusively by the offeror, 4-10 pages in length.

7. A list of professional references (you must provide actual references, not an offer to provide references) Additional documents submitted will not be accepted.

By submitting your offer materials, you certify that all of the information on and attached to the offer is true, correct, complete, and made in good faith. You agree to allow all information on and attached to the offer to be investigated. False or fraudulent information on or attached to your offer 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 offers, for the intended position, please reference the solicitation number on your offer, and as the subject line in any email.

V. SUBMIT APPLICATION PACKET ELECTRONICALLY:

Interested candidates should send above electronically to danmoore@usaid.gov, To ensure that the application is considered for the intended position, please reference the solicitation number and title of position on your application and as the subject line in any cover letter. E-mail applications must be received by the closing date and time specified in the solicitation.

Only qualified and shortlisted candidates will be contacted. Additionally, only candidates that are interviewed will be notified if the position is filled.

VI. LIST OF REQUIRED FORMS FOR PSC HIRES

Once the Contracting Officer (CO) informs the successful Candidates about being selected for a contract award, the CO will provide the successful Candidate instructions about how to complete and submit the following forms.

1. Medical History and Examination Form (Department of State Forms)

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

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

4. Finger Print Card (FD-258)

Forms 1 through 4 shall be completed only upon the advice of the Contracting Officer that a candidate is the successful candidate for the job. Do not submit forms 1 through 4 with your application

VII. BENEFITS AND ALLOWANCES

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

1. BENEFITS:

1. Employer's FICA Contribution (USPSCs only)

2. Contribution toward Health & Life Insurance

3. Pay Comparability Adjustment

4. Annual Increase (pending a satisfactory performance evaluation)

5. Eligibility for Worker's Compensation

6. Leave and Holidays mailto:danmoore@usaid.gov

VIII. TAXES

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

IX. USAID Regulations, Policies, and Contract Clauses Pertaining to PSCs

USAID regulations and policies governing USPSC awards are available at these sources:

• USAID Acquisition Regulation (AIDAR), Appendix D, “Direct USAID Contracts with a U.S. Citizen or a U.S. Resident Alien for Personal Services Abroad,” including contract clause “General Provisions,” available at https://www.usaid.gov/sites/default/files/documents/aidar.pdf.

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

• Acquisition and Assistance Policy Directives/Contract Information Bulletins (AAPDs/CIBs) for Personal Services Contracts with Individuals available at http://www.usaid.gov/work-usaid/aapds-cibs .

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

• PSC Ombudsman

The PSC Ombudsman serves as a resource for any Personal Services Contractor who has entered into a contract with the United States Agency for International Development and is available to provide clarity on their specific contract with the agency. Please visit our page for additional information:

https://www.usaid.gov/work-usaid/personal-service-contracts-ombudsman

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

• FAR Provision Incorporated by Reference

52.204-

PROHIBITION ON A BYTEDANCE COVERED

APPLICATION

June https://www.usaid.gov/work-usaid/personal-service-contracts-ombudsman mailto:PSCOmbudsman@usaid.gov

Notice Regarding Any Court Order Affecting the Implementation of E.O. 14042

USAID will take no action to enforce the clause (FAR 52.223‐99) implementing the requirements of Executive Order 14042, absent further written notice from USAID, where the place of performance identified in the contract is in a U.S. state or outlying area subject to a court order prohibiting the application of requirements pursuant to the Executive Order (hereinafter, “Excluded State or Outlying Area”.) In all other circumstances, USAID will enforce the clause, except for contractor employees who perform substantial work on or in connection with a covered contract in an Excluded State or Outlying Area, or in a covered contractor workplace located in an Excluded State or Outlying Area. A current list of such Excluded States and Outlying area is maintained at https://www.saferfederalworkforce.gov/contractors/.

http://www.saferfederalworkforce.gov/contractors/ http://www.saferfederalworkforce.gov/contractors/

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

Pricing by line item is to be determined upon contract award as described below:

LINE ITEMS

ITEM

NO

(A)

SUPPLIES/SERVICES (DESCRIPTION)

(B)

QUANTITY

(C)

UNIT

(D)

UNIT

PRICE

(E)

AMOUNT

(F)

0001 Base Year 1 - Compensation, Fringe 1 LOT $ _TBD $_TBD at Benefits and Other Direct Costs (ODCs) Award after ‐ Award Type: Cost negotiations ‐ Product Service Code: 497 with ‐ Accounting Info: [Insert from Phoenix] Contractor

0002 Base Year 2 - Compensation, Fringe 1 LOT $ _TBD $_TBD at Benefits and Other Direct Costs (ODCs) Award after ‐ Award Type: Cost negotiations ‐ Product Service Code: 497 with ‐ Accounting Info: [Insert from Phoenix] Contractor

0003 Base Year 3 - Compensation, Fringe 1 LOT $ _TBD $_TBD at Benefits and Other Direct Costs (ODCs) Award after ‐ Award Type: Cost negotiations ‐ Product Service Code: 497 with ‐ Accounting Info: [Insert from Phoenix] Contractor

0004 Base Year 4 - Compensation, Fringe 1 LOT $ _TBD $_TBD at Benefits and Other Direct Costs (ODCs) Award after ‐ Award Type: Cost negotiations ‐ Product Service Code: 497 with ‐ Accounting Info: [Insert from Phoenix] Contractor

0005 Base Year 5 - Compensation, Fringe 1 LOT $ _TBD $_TBD at Benefits and Other Direct Costs (ODCs) Award after ‐ Award Type: Cost negotiations ‐ Product Service Code: 497 with ‐ Accounting Info: [Insert from Phoenix] Contractor

AAPD 06-10 – PSC Medical Expense Payment Responsibility AAPD No. 06‐10 is hereby incorporated as Appendix 1 to the solicitation.

AAPD 21-05 – Revised and Expanded Fringe Benefits for U.S. Personal Services Contractors http://www.usaid.gov/forms

AAPD No. 21‐05 is hereby incorporated as Appendix 2 to the solicitation.

FAR 52.222-50 – Revised Combating Trafficking in Persons FAR Clause 52.222‐50 is hereby incorporated as Appendix 3 to the solicitation.

APPENDIX 1

USPSC PROVISION “MEDICAL EXPENSE PAYMENT RESPONSIBILITY (OCTOBER 2006) MEDICAL

EXPENSE PAYMENT RESPONSIBILITY (OCTOBER 2006)

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

(b) The regula�ons 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 sec�on (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, condi�ons, limita�ons, 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 obliga�on (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 condi�ons are met:

(1) The illness, injury, or medical condi�on giving rise to the expense is incurred, caused, or materially aggravated while the eligible individual is sta�oned or assigned abroad;

(2) The illness, injury, or medical condi�on giving rise to the expense required or requires hospitaliza�on and the expense is directly related to the treatment of such illness, injury, http://www.foia.state.gov/REGS/fams.asp?level=2&id=59&fam=0) or medical condi�on, including obstetrical care; and

(3) The Office of Medical Services (M/MED) or a Foreign Service medical provider (FSMP) determines that the treatment is appropriate for, and directly related to, the illness, injury, or medical condi�on.

(e) The Mission Director may, on the advice of M/MED or an FSMP at post, authorize medical travel for the contractor or an eligible family member in accordance with the General Provision 10, Travel and Transporta�on AAPD 06-10 PSC Medical Expense Payment Responsibility 6 Expenses (July 1993), sec�on (i) en�tled “Emergency and Irregular Travel and Transporta�on.” In the event of a medical emergency, when �me does not permit consulta�on, the Mission Director may issue a Travel Authoriza�on Form or Medical Services Authoriza�on Form DS‐3067, provided that the FSMP or Post Medical Advisor (PMA) is notified as soon as possible following such an issuance. The contractor must promptly file a claim with his or her medevac insurance provider and repay to USAID any amount the medevac insurer pays for medical travel, up to the amount USAID paid under this section. The contractor must repay USAID for medical costs paid by the medevac insurer in accordance with sections (f) and (g) below. In order for medical travel to be an allowable cost under General Provision 10, the contractor must provide USAID written evidence that medevac insurance does not cover these medical travel costs.

(f) If the contractor or eligible family member is not covered by primary health insurance, the contractor is the primary payer for the total amount of medical costs incurred. In the event of a medical emergency, the Medical and Health Program may authorize issuance of Form DS‐3067, Authoriza�on for Medical Services for Employees and/or Dependents, to secure admission to a hospital located abroad for the uninsured contractor or eligible family member.

In that case, the contractor will be required to reimburse USAID in full for funds advanced by USAID pursuant to the issuance of the authorization. The contractor may reimburse USAID directly or USAID may offset the cost from the contractor’s invoice payments under this contract, any other contract the individual has with the U.S. Government, or through any other available debt collection mechanism.

(g) When USAID pays medical expenses (e.g., pursuant to Form DS-3067, Authoriza�on for Medical Services for Employees and/or Dependents), repayment must be made to USAID either by insurance payment or directly by the contractor, except for the amount of such expenses USAID is obligated to pay under this provision. The Contrac�ng Officer will determine the repayment amount in accordance with the terms of this provision and the policies and procedures for employees contained in 16 FAM 521. When USAID pays the medical expenses, including medical travel costs (see sec�on (e) above), of an individual (either the contractor or an eligible family member) who is covered by insurance, that individual promptly must claim his or her benefits under any applicable insurance policy or policies. As soon as the individual receives the insurance payment, the contractor must reimburse USAID for the full amount that USAID paid on the individual’s behalf or the repayment amount determined by the Contrac�ng Officer in accordance with this paragraph, whichever is less. If an individual is not covered by insurance, the contractor must reimburse USAID for the en�re amount of all medical expenses and any travel costs the contractor receives from his/her medevac provider.

(h) In the event that the contractor or eligible family member fails to recover insurance payments or transfer the amount of such payments to USAID within 90 days, USAID will take appropriate ac�on to collect the payments due, unless such failure is for reasons beyond the control of the USPSC/dependent.

Before departing post or terminating the contract, the contractor must settle all medical expense and medical travel costs. If the contractor is insured, he or she must provide proof to the Contracting AAPD 06‐10 PSC Medical Expense Payment Responsibility 7 Officer that those insurance claims have been submitted to the insurance carrier(s) and sign a repayment agreement to repay to USAID any amounts paid by the insurance carrier(s).

[End of Provision]

APPENDIX 2

GP. 5 Leave and Holidays [Devia�on (NOV 2021)]

Leave and Holidays (NOV 2020)

(a) Annual Leave

(1) The contractor may accrue annual leave at the rate specified in paragraph (a)(2) of this clause as follows:

(i) If the contract period of performance is ninety (90) calendar days or more, and the contractor's performance is con�nuous for the contract period of performance, the contractor is en�tled to accrue annual leave as of the start date of the contract.

(ii) If the contract period of performance is ninety (90) calendar days or more, and the contractor's performance is not con�nuous during the contract period of performance, the contractor is en�tled to accrue annual leave only for each instance of con�nuous performance of ninety (90) calendar days or more.

(iii) If the contract period of performance is less than ninety (90) calendar days, the contractor is not en�tled to accrue annual leave.

(2) The rate at which the contractor will accrue annual leave is based on the contractor's �me in service according to the table of this paragraph (a)(2). The accrual rates are based on a full‐ �me, 40-hour workweek, which will be prorated if the contract provides for a shorter workweek:

Time in Service Annual Leave (AL) Accrual Rate 0 to 3 years 4 hours of leave for each 2‐week period over 3, and up to 15 years 6 hours of AL for each 2‐week period

(including 10 hours AL for the final pay period of a calendar year) over 15 years 8 hours of AL for each 2‐week period

(i) USAID will calculate the �me in service based on all the previous service performed by the contractor as—:

(A) An individual personal services contractor with USAID for any dura�on covered by Sec. 636(a)(3) of the FAA or other statutory authority applicable to USAID; and/or

(B) A former U.S. Government (USG) direct‐hire civilian employee; and/or

(C) An honorable ac�ve duty member of the uniformed services based on the defini�on in 5 U.S.C. 2101(3).

(ii) In addi�on to the informa�on cer�fied by the contractor in their Offeror Informa�on form, the contrac�ng officer may require the contractor to furnish copies of previously executed contracts, and/or other evidence of previous service (e.g., SF 50, DD Form 214 or 215) to conduct the due diligence necessary to verify creditable previous service.

(3) Annual Leave is provided under this contract primarily for the purposes of providing the contractor necessary rest and recrea�on during the period of performance. The contractor, in consulta�on with the Supervisor, must develop an annual leave schedule early in the period of performance, taking into considera�on the requirements of the posi�on, the contractor's preference, and other factors. The maximum amount of annual leave that the contractor can carry over from one leave year to the next is limited to 240 hours. The contractor's unused annual leave balance in excess of the 240 hour maximum at the end of the last pay period of each leave year will be forfeited, unless the requirements of the posi�on precluded the contractor from taking such leave. The contractor may be authorized to restore annual leave for excep�onal circumstances beyond the control of the contractor. The restora�on of annual leave may be approved only by the USAID Administrator, cognizant Assistant Administrator or Head of an Independent Office repor�ng directly to the USAID Administrator, and cannot be delegated further. Annual leave restored must be scheduled and used no later than either the end of the leave year two years a�er either—

(i) The end of the leave year two years a�er the date fixed by the approving official as the termina�on date of the excep�onal circumstances beyond the contractor's control, which resulted in the forfeiture; or

(ii) The end of the contract.

(4) The contractor must use all accrued annual leave during the period of performance.

At the end of the contract, the contractor will forfeit any unused annual leave except where the requirements of the posi�on precluded the contractor from taking annual leave. In this case, the contrac�ng officer may authorize the following:

(i) The contractor to take annual leave during the concluding weeks of the contract, not to exceed the period of performance; or Payment of a lump‐sum for annual leave not taken based on a signed, writen determina�on and findings (D&F) from the contractor's supervisor.