USPSC Energy Advisor.pdf

Solicitation No.: 7200AA21R00061 Page 1

SOLICITATION NUMBER: 7200AA21R00061

ISSUANCE DATE: May 27, 2021 CLOSING DATE/TIME: June 30, 2021, 12:00 pm HRS (EST)

SUBJECT: Solicitation for U.S. Personal Services Contractor (USPSC) Energy Advisor

Dear Prospective Offerors:

The United States Government (USG), represented by the U.S. Agency for International Development (USAID), is seeking applications from qualified U.S. citizens to provide the services described in the Statement of Work described below.

The Energy and Infrastructure Division of the Technical Support Office, Bureau for Europe and Eurasia (E&E/TSO/EI is hiring an Energy Advisor under a United States Personal Services Contract (USPSC). The Government contemplates awarding one (1) contract with a one base year and four option years. Submissions must be in accordance with the below attached information at the place and time specified. Applicants interested in applying for this position MUST submit the following materials:

1. Complete resume. A complete resume must include all the following:

(a) All full-time paid positions, stating job titles, location(s), hours per week, and dates held (month/year), for each position (in US and overseas.) Unless stated otherwise, part-time hours will be prorated at 20 hours worked per week. Unpaid, part-time and any experience that does not include dates (month/year) and locations 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) for all supervisors within the last 3 years.

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

2. Application form AID 309-2. Applicants are required to complete, sign and date the form. The AID 309-2 form can be found at: http://www.usaid.gov/forms. Unsigned application forms and/or late applications will be rejected.

Applicants can expect to receive a confirmation email when application materials have been received.

Applicants must e-mail their complete resume and application forms to:

E-Mail Address: ofaye@usaid.gov

By submitting application materials, applicants certify that all the information in application is true and made in good faith. Applicants agree to allow all information provided in their application to be investigated. False or fraudulent information provided in the application shall result in an applicant’s http://www.usaid.gov/forms mailto:ofaye@usaid.gov

Solicitation No.: 7200AA21R00061 Page 2 elimination from this competition or if discovered after award, shall be terminated, and may be punished by Applicable laws.

Applicants must reference the solicitation number in their applications, and all emails related to this solicitation.

Any questions on this solicitation may be directed to the email address above; no later than 12:00 pm (EST) on June 10, 2021.

Sincerely, a/s

Ousmane Faye, Contracting Officer

Solicitation No.: 7200AA21R00061 Page 3

I. GENERAL INFORMATION

1. SOLICITATION NO.: 7200AA21R00061

2. ISSUANCE DATE: MAY 27, 2021

3. CLOSING DATE/TIME FOR RECEIPT OF OFFERS: June 30, 2021, 12:00 PM Eastern Time

4. POSITION TITLE: Energy Advisor, Energy Division (E&E/TSO/EI)

5. POSITION DESCRIPTION: Energy Advisor; GS-13 Equivalent Level This position has been designated as a GS-13 equivalent level ($103,690.00 - $134,798.00) annual rate locality pay. Final compensation will be negotiated within the listed market value, based upon the offeror’s qualifications, previous relevant experience, past salary, work history and educational background. Salaries over and above the top of the pay range will not be entertained or negotiated.

Statement of Work - Energy Advisor

Introductory Statement:

The Energy and Infrastructure Division of the Technical Support Office, Bureau for Europe and Eurasia (E&E/TSO/EI), develops, implements, manages, and monitors programs and projects in the areas of energy and infrastructure policy analysis and reforms. The Energy Advisor (EA) is an expert responsible for providing guidance in public and private sector approaches and programs to improve regional energy security through development of energy infrastructure; establishment and operation of transparent energy markets aligned with European Union standards; and improvement of energy sector governance, operations, and efficiency. The EA is expected to exercise independent judgment and apply a broad technical knowledge of regional political and energy sector conditions and trends to address public policy and project design issues.

Program and Project Development and Management (50%)

The incumbent (1) serves as a technical authority in providing expert advice and assistance to USAID operating units on matters relating to the development, execution, and monitoring of politically important and highly visible technical assistance programs in the energy and related security, infrastructure and environmental sectors; and (2) is responsible for project development and implementation support for the Europe and Eurasia Bureau's portfolio, which includes technical assistance projects focused on energy, infrastructure, environmental performance, cyber security, and other technical issues affecting regional energy security. Specific responsibilities include the following:

• Propose, design, and implement priority regional and bilateral technical assistance programs on key energy security in the E&E region.

• Provide technical support for the development and dissemination of activities in these technical areas to field missions.

• Prepare and present documents that summarize state-of-the-art analytical work dealing with these issues in the E&E region.

• Integrate issues and concepts from other priority technical areas (democracy, governance and conflict;

economic growth; health and population; education; and gender) to improve policy analyses and energy-related technical assistance programs in the E&E region.

• Conceptualize new approaches to increase the impact of USAID-supported interventions.

• Recommends, develops and/or participates in evaluative work for energy security programs.

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Geographic Area or Region-Wide Technical Resource (30%)

As a Bureau technical expert in energy development and associated security, infrastructure and environmental impacts, the incumbent is available to Bureau senior leadership and field missions in the analysis, design, and implementation of policy reform and sectoral programs for countries, sub-regions, and the region as a whole.

Specific responsibilities include the following:

• Review E&E missions' strategies and other program initiatives to ensure that they are consistent with Agency-wide and Bureau strategies and policies, and direct field missions and implementing partners in the application of Bureau priorities and strategies to regional and bilateral programming.

• Coordinate Bureau activities with field mission technical officers working on energy security-related programs areas and as necessary provide assistance and guidance on Bureau policies and programmatic best practices.

• Review Mission sectoral policies and project planning documentation for coherence, relevance, and programmatic realism. Advise Missions on defining program content and assist Missions to determine baseline information within the environmental protection area.

• Serve as Bureau liaison with Agency bureaus, other donors, cooperating agencies and outside constituencies such as private voluntary organizations and universities on energy security issues in the E&E region.

• Promote communication and information exchange with key E&E mission staff and other development partners.

• Analyze proposals for new or revised energy security activities and assists for the Bureau and field missions to determine the respective technical and economic feasibility and impact.

• Represent Bureau interests to mid and/or senior-level and other host-government officials, as well as representatives of local private sector and NGO entities. Monitors region and analyzes social, cultural, and institutional arrangements and structures.

• Participate in stakeholder meetings as an authority in energy security issues in the E&E region. Respond to inquiries from congressional representatives and the general public concerning the interpretation and application of new plans and policies designed to meet program objectives.

Strategic Planning (20%)

The incumbent advises senior Bureau leadership on energy sector assistance-related strategic planning and management issues for countries, sub-regions and the E&E region as a whole. Specific responsibilities include the following:

• Provide analytical assistance to E&E missions in their development of country- and sector-specific strategies.

• Review and analyze country data, in collaboration with various analytic units. Provide Bureau leadership with analyses of the effectiveness of major energy policy reform and non-project assistance interventions (including USAID and other development assistance agencies) to inform policy and strategy directions and resource allocation decisions.

• Formulate research agenda in energy and related infrastructure, security, and environmental issues, leading to policy and programming guidance for application throughout the Bureau, and identify strategies for pursuing assistance through bilateral and central/regional projects.

• Review and analyze funding and staff requirements for country and regional programs to achieve strategic objectives related to energy security, and make recommendations to appropriate Bureau Offices on resource allocations for energy, security, environmental and related programming.

Solicitation No.: 7200AA21R00061 Page 5

II. QUALIFICATIONS REQUIRED FOR THIS POSITION:

EDUCATION AND EXPERIENCE:

A candidate must meet the minimum qualifications listed below to be considered for the position:

• A Master’s degree in engineering or the physical sciences; economics or business management;

international relations or political science; or a related field of study;

• A minimum of seven (7) years of experience in energy and/or infrastructure program/project design and management, program/project planning, and/or project implementation work; and

• Ability to work effectively in a team environment and proactively work to achieve consensus on policy, project, and administrative matters.

OTHER REQUIREMENTS:

• U.S. citizenship;

• English fluency, written and oral;

• Submission of a current resume, with complete contact information. Experience that cannot be quantified will not be counted towards meeting the solicitation requirements;

• Supplemental documentation, in memorandum format and no longer than three (3) pages in length, addressing the applicants qualifications related to all components of the Quality Ranking Factors (QRFs);

• Ability to obtain and maintain a SECRET level security clearance; and

• Satisfactory verification of academic credentials.

III. EVALUATION AND SELECTION FACTORS:

QUALITY RANKING FACTORS (QRFs):

(a) Knowledge and Work Experience (70 points)

• Experience as a strategic lead for complex multi-stakeholder programs, including factors such as conceptual program design, relationship management, long-term budgeting, and staff planning. (15 points)

• Project management skills, including development of scopes of work and corresponding budgets;

tracking of program progress and implementation of monitoring and evaluation plans; and overseeing of project teams and managing of contracts. (15 points)

• Expertise in international development projects with preference given to experience in transition economies and in energy and/or infrastructure program design, management, and/or implementation.

(20 points)

• Expertise in one or more of the following areas: energy/infrastructure project development and finance;

natural gas and electricity market laws and regulations, preferably with application to a European context; natural gas and/or electricity utility operations and management; and/or national/utility energy strategy development. (20 points)

(b) Written and Oral Skills (30 points)

• Excellent verbal communication skills, tact and diplomacy and the ability to establish and develop productive working relations at all levels within project teams and with public and private organizations.

Solicitation No.: 7200AA21R00061 Page 6

• Excellent written communication skills sufficient to prepare high quality regular and ad hoc reports, presentations, activity documentation and briefing papers of sufficient depth to relay detailed recommendations while remaining understandable to lay audiences.

The Offerors determined to be competitively ranked will be interviewed and may be required to provide a writing sample. Face-to-face interviews may be conducted in Washington D.C. E&E/TSO/EI will not pay for expenses associated with the interviews but will conduct telephone or videoconference interviews for those not available in Washington D.C.

Total Possible Points: 100

BASIS OF RATING: Offerors who meet the Education/Experience requirements and Selection Factors will be further evaluated based on scoring of the QRF responses.

Those Offerors determined to be competitively ranked will also be evaluated on interview performance and satisfactory professional reference checks.

NOTE: Please be advised that references may be obtained independently from other sources in addition to the ones provided by an Offeror.

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.

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.

The Government may award a contract without discussions with offerors in accordance with FAR 52.215-1. The CO reserves the right at any point in the evaluation process to establish a competitive range of offerors with whom negotiations will be conducted pursuant to FAR 15.306(c). In accordance with FAR 52.215-1, if the CO determines that the number of offers that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the CO may limit the number of offerors in the competitive range to the greatest number that will permit an efficient competition among the most highly rated offers. The FAR provisions referenced above are available at https://www.acquisition.gov/browse/index/far.

IV. APPLICATION INSTRUCTIONS

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

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

https://www.acquisition.gov/browse/index/far http://www.usaid.gov/forms

Solicitation No.: 7200AA21R00061 Page 7

ATTACHMENTS

I. USAID REGULATIONS, POLICIES AND CONTRACT CLAUSES PERTAINING TO

PSCs

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

1. USAID Acquisition Regulation (AIDAR), Appendix D, “Direct USAID Contracts with a U.S. Citizen or a U.S. Resident Alien for Personal Services Abroad,” including contract clause “General Provisions,” available at https://www.usaid.gov/sites/default/files/documents/1868/aidar_0.pdf .

ADS 309 – Personal Services Contracts can be found at:

https://www.usaid.gov/sites/default/files/documents/1868/309.pdf

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

3. 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.

4. AAPD 06-10 – PSC MEDICAL PAYMENT RESPONSIBILITY

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

5. AAPD 15-02 – Authorization of Family and Medical Leave for U.S. Personal Services Contractors (USPSCs)

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

6. AAPD 18-02 REVISED - Medical Evacuation (MEDEVAC) Services

AAPD No. 18-02 is hereby incorporated as Attachment 3 to the solicitation.

7. FAR 52.222-50 – COMBATING TRAFFICKING IN PERSONS

FAR Clause 52.222-50 is hereby incorporated as Attachment 4 to the solicitation.

8. FAR 52.204-24 – Representation Regarding Certain Telecommunications and Video Surveillance

Services or Equipment (Aug 2019) FAR Clause 52.204-24 is hereby incorporated as Attachment 5 to the solicitation.

9. FAR 52.204-25 – Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment (Aug 2019) FAR Clause 52.204-25 is hereby incorporated as Attachment 6 to the solicitation.

10. 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 .

ALL QUALIFIED OFFERORS 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.

http://www.usaid.gov/sites/default/files/documents/1868/aidar_0.pdf https://www.usaid.gov/sites/default/files/documents/1868/309.pdf http://www.usaid.gov/forms.

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

Solicitation No.: 7200AA21R00061 Page 8

ATTACHMENT 1

USPSC PROVISION “MEDICAL EXPENSE PAYMENT RESPONSIBILITY

(OCTOBER 2006)

MEDICAL EXPENSE PAYMENT RESPONSIBILITY (OCTOBER 2006)

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

(b) The regulations in the Foreign Affairs Manual, Volume 16, Chapter 520 (16 FAM 520), Responsibility for Payment of Medical Expenses, apply to this contract, except as stated below. The contractor and each eligible family member are strongly encouraged to obtain health insurance that covers this assignment.

Nothing in this provision supersedes or contradicts any other term or provision in this contract that pertains to insurance or medical costs, except that section (e) supplements General Provision 25. “MEDICAL

EVACUATION (MEDEVAC) SERVICES.”

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

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

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

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

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

(e) The Mission Director may, on the advice of M/MED or an FSMP at post, authorize medical travel for the contractor or an eligible family member in accordance with the General Provision 10, Travel and Transportation AAPD 06-10 PSC Medical Expense Payment Responsibility 6 Expenses (July 1993), section (i) entitled “Emergency and Irregular Travel and Transportation.” In the event of a medical emergency, when time does not permit consultation, the Mission Director may issue a Travel Authorization Form or Medical Services Authorization Form DS-3067, provided that the FSMP or Post Medical Advisor (PMA) is notified as soon as possible following such an issuance. The contractor must promptly file a claim with his or her medevac insurance provider and repay to USAID any amount the medevac insurer pays for medical travel, up to the amount USAID paid under this section. The contractor must repay USAID for http://www.foia.state.gov/REGS/fams.asp?level=2&id=59&fam=0 http://www.foia.state.gov/REGS/fams.asp?level=2&id=59&fam=0

Solicitation No.: 7200AA21R00061 Page 9 medical costs paid by the medevac insurer in accordance with sections (f) and (g) below. In order for medical travel to be an allowable cost under General Provision 10, the contractor must provide USAID written evidence that medevac insurance does not cover these medical travel costs.

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

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

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

(h) In the event that the contractor or eligible family member fails to recover insurance payments or transfer the amount of such payments to USAID within 90 days, USAID will take appropriate action to collect the payments due, unless such failure is for reasons beyond the control of the USPSC/dependent. (i) Before departing post or terminating the contract, the contractor must settle all medical expense and medical travel costs. If the contractor is insured, he or she must provide proof to the Contracting 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]

Solicitation No.: 7200AA21R00061 Page 10

ATTACHMENT 2

GP 5. LEAVE AND HOLIDAYS (DEC 2017)

(Pursuant to class deviation #M/OAA-DEV-AIDAR-18-1c)

(a) Annual Leave

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

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

Time in Service Annual Leave (AL) Accrual Calculation 0 to 3 years Four hours of leave for each two-week period over 3, and up to 15 years Six hours of AL for each two-week period

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

USAID will calculate the contractor’s time in service based on all the previous service performed by the contractor as a: 1) USAID PSC (i.e., the contractor has served under any USAID personal services contracts of any duration covered by Sec. 636(a)(3) of the FAA or other statutory provision applicable to USAID); and/or 2) former U.S. Government (USG) direct-hire, under either civilian and/or military service.

(3)

(i) AL is provided under this contract for the purposes of affording necessary rest and recreation during the period of performance. The contractor, in consultation with the USAID Mission or USAID/Washington, as appropriate, shall develop an AL schedule early in the contractor's period of performance, taking into consideration project requirements, employee preference, and other factors. All AL earned by the contractor must be used during the contractor’s period of performance.

All AL earned by the contractor, but not taken by the end of the contract, will be forfeited. However, to prevent forfeiture of AL, the Contracting Officer may approve the contractor taking AL during the concluding weeks of the contractor's period of performance.

(4) Contracting Officer may grant the contractor advance AL in excess of the amount earned, but in no case may the Contracting Officer grant advance AL in excess of the amount earned in one year or over the life of the contract, whichever is less. The contractor agrees to reimburse USAID for any outstanding balance of advance AL provided during the contractor’s assignment under the contract.

(5) Applicants for PSC positions will provide evidence of their PSC and/or USG direct-hire service civilian and/or military experience, as applicable, on their signed and dated application form required under USAID policy. By signing the appropriate form, the applicant attests to the accuracy of the information provided. Any applicant providing incorrect information is subject to the penalty provisions in the form.

If required to satisfy due diligence requirements on behalf of the Contracting Officer, the contractor

Solicitation No.: 7200AA21R00061 Page 11 may be required to furnish evidence that verifies length of service, e.g., SF 50, DD Form 214, and/or signed contracts.

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

(c) Home Leave.

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

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

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

(ii) if the USPSC is returning to a different USAID Mission under a USAID personal services contract immediately following completion of the USPSC's home leave, for an additional two

(2) years under contract, or for such shorter period of not less than one (1) year, as approved by the Mission Directors of the "losing" and "gaining" Missions, the contractor will receive home leave, to be taken at one time, for a period of not more than 20 work days. When the PSC is returning to a different USAID Mission, the former Mission will pay for the home leave regardless of what country the PSC will be working in following the home leave;

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

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

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

(vi) if the PSC does not complete the additional service required under (c)(2)(i) or (ii) (that the Contracting Officer finds are other than for reasons beyond the PSC's control), the cost of home leave, travel and transportation and any other related costs must be repaid by the PSC to the Government.

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(3) Notwithstanding the requirement in paragraph (c)(2) above, that the USPSC must have served two

(2) years overseas under personal services contract with the same Mission to be eligible for home leave, the USPSC may be granted advance home leave subject to all of the following conditions:

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

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

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

(1) year under the current contract or under a new contract for the same or similar services at the same Mission.

(4) The period of service overseas required under paragraph (c)(2), or paragraph (c)(3) above, will include the actual days in orientation in the U.S. (less language training). The actual days overseas begin on the date of arrival in the cooperating country inclusive of authorized delays enroute. Allowable annual and sick leave taken while overseas, but not LWOP, shall be included in the required period of service overseas. An amount equal to the number of days of annual and sick leave taken in the U.S., its commonwealths, possessions or territories will be added to the required period of service overseas.

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

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

(d) Home Leave for Qualifying Posts (HLQP). USPSCs who ordinarily qualify for home leave and have completed a 12-month assignment at one of the USAID qualifying posts (currently Iraq, Afghanistan and Pakistan) are entitled to take ten (10) workdays of leave in addition to the home leave an USPSCs is normally entitled to under the contract in accordance with sub-paragraphs (c)(1) - (6) above. This additional home leave is provided pursuant to an amendment to the Foreign Service Act of 1980 signed by the President on June 15, 2006.

There is no requirement that an eligible USPSC take this additional leave; it is for optional use by the USPSC. If an eligible USPSC elects to take HLQP, the USPSC must take ten (10) workdays of home leave.

If the USPSC is returning to the United States and not returning overseas to the same or different USAID Mission, HLQP will not apply.

This new home leave policy is also extended to qualifying Third-Country National PSCs (TCNPSCs) who have an approved exception under AIDAR Appendix J, sec. 4(c)(2)(ii)(B), to apply specific provisions from AIDAR Appendix D, and whose contract includes this General Provision. However, TCNPSCs will be granted "country leave" vice home leave. The application, requirements, and restrictions will be the same

Solicitation No.: 7200AA21R00061 Page 13 as for USPSCs, but the time taken by a TCNPSC will be taken in the TCNPSC's home country or country of recruitment rather than in the United States, its commonwealths and territories.

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

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

(g) Leave Without Pay (LWOP). LWOP may be granted only with the written approval of the Contracting Officer or Mission Director, unless a USPSC is requesting for such leave for family and leave purposes under paragraph (i) below.

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

(i) Family and Medical Leave (FML)

(1) USAID provides family and medical leave (FML) for eligible USPSCs working within the U.S., or any Territories or possession of the United States, in accordance with Title I of the Family and Medical Leave Act of 1993, as amended, and as administered by the Department of Labor under 29 CFR 825.

USAID is also extending FML to eligible USPSCs working outside the U.S., or any Territories or possession of the U.S., in accordance with this paragraph (i) as a matter of policy discretion.

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

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

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

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

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

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

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

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

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

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

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

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

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

(8) The U.S. Department of Labor’s (DOL’s) Wage and Hour Division (WHD) Publication 1420 explains the FMLA’s provisions and provides information concerning procedures for filing complaints for violations of the Act.

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

[End of Provision] https://www.dol.gov/whd/regs/compliance/posters/fmlaen.pdf

Solicitation No.: 7200AA21R00061 Page 15

ATTACHMENT 3

Title 48 of the Code of Federal Regulations (CFR) Chapter 7 USAID Acquisition Regulation (AIDAR)

APPENDIX D--DIRECT USAID CONTRACTS WITH A U.S. CITIZEN OR A U.S.

RESIDENT ALIEN FOR PERSONAL SERVICES ABROAD

GP 25. MEDICAL EVACUATION (MEDEVAC) SERVICES (DEC 2019)

(Pursuant to class deviation #M/OAA-DEV-AIDAR-20-3c)

A contractor who is required to relocate abroad and accompanying eligible family members; or a contractor on official travel status abroad on temporary duty or training, will be provided Medevac services through the Department of State, Bureau of Medical Services, similar to that provided to U.S. Government employees in 16 FAM 300 Medical Travel. Medevac costs that will be covered by USAID include travel and per diem, but do not include medical care costs.

To be eligible for Medevac services covered by the Department of State Medevac program, the contractor and accompanying eligible family members must obtain and maintain international health insurance coverage in accordance with the clause of the contract entitled, “Insurance.”

[End of Clause]

Solicitation No.: 7200AA21R00061 Page 16

ATTACHMENT 4

52.222-50 Combating Trafficking in Persons (JAN 2019)

(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 -

Any item of supply (including construction material) that is –

A commercial item (as defined in paragraph (1) of the

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

(ii) 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

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.

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 - By threats of serious harm to, or physical restraint against, that person or another person;

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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

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 -

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

The abuse or threatened abuse of the legal process.

Recruitment fees means fees of any type, including charges, costs, assessments, or other financial obligations, that are associated with the recruiting process, regardless of the time, manner, or location of imposition or collection of the fee.

Recruitment fees include, but are not limited to, the following fees (when they are associated with the recruiting process) for -

Soliciting, identifying, considering, interviewing, referring, retaining, transferring, selecting, training, providing orientation to, skills testing, recommending, or placing employees or potential employees;

Advertising;

Obtaining permanent or temporary labor certification, including any associated fees;

(iii) Processing applications and petitions;

(iv) Acquiring visas, including any associated fees;

(v) Acquiring photographs and identity or immigration documents, such as passports, including any associated fees;

(vi) Accessing the job opportunity, including required medical examinations and immunizations;

background, reference, and security clearance checks and examinations; and additional certifications;

(vii) An employer's recruiters, agents or attorneys, or other notary or legal fees;

(viii) Language interpretation or translation, arranging for or accompanying on travel, or providing other advice to employees or potential employees;

(ix) Government-mandated fees, such as border crossing fees, levies, or worker welfare funds;

(x) Transportation and subsistence costs -

(A) While in transit, including, but not limited to, airfare or costs of other modes of transportation, terminal fees, and travel taxes associated with travel from the country of origin to the country of performance and the return journey upon the end of employment; and

(B) From the airport or disembarkation point to the worksite;

(xi) Security deposits, bonds, and insurance; and

(xii) (xiii)Equipment charges.

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A recruitment fee, as described in the introductory text of this definition, is a recruitment fee, regardless of whether the payment is -

(i) Paid in property or money;

(ii) Deducted from wages;

(iii) Paid back in wage or benefit concessions;

(iv) Paid back as a kickback, bribe, in-kind payment, free labor, tip, or tribute; or

(v) Collected by an employer or a third party, whether licensed or unlicensed, including, but not limited to -

(A) Agents;

(B) Labor brokers;

(C) Recruiters;

(D) Staffing firms (including private employment and placement firms);

(E) Subsidiaries/affiliates of the employer;

(F) Any agent or employee of such entities; and

(G) (G)Subcontractors at all tiers.

Severe forms of trafficking in persons means -

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

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;

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(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 understood by the employee or potential employee, 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 costs to be charged to the employee or potential employee, and, if applicable, the hazardous nature of the work;

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

Charge employees or potential employees recruitment fees;

(6)

(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

Solicitation No.:…