Organization: US Agency for International Development
Country: Kenya
Closing date: 12 Nov 2015
SUBJECT: Request for Personal Services (RFP) No. SOL‐615‐15‐000040
USAID/Kenya and East Africa Mission – Countering Violent Extremism/Conflict Senior Advisor
Dear Prospective Applicants:
The United States Government, represented by the U.S. Agency for International Development (USAID), requests an application from qualified U.S. Citizens interested in providing PSC services as described in the attached solicitation in Nairobi, Kenya. This position has been re-advertised from Solicitation number SOL-615-15-000005 and SOL-615-15-000035. Applicants who submitted applications under the previous application must resubmit an application to be considered for this solicitation. Submittals shall be in accordance with the attached information at the place and time specified in this document.
Kindly submit:
Your most current curriculum vitae or resume.
Signed form OF-612, Optional Application for Federal Employment, or SF 171- Application for Federal Employment.
Contractor Employee Biographical Data Sheet (AID 1420-17)
At least three references, who are not family members or relatives, with telephone and e-mail contacts.
Cover letter stating period of availability for work in Nairobi, Kenya.
The CV/resume must contain sufficient relevant information to evaluate the application. The references must be able to provide substantive information about your past performance and abilities. USAID/Kenya and East Africa reserves the right to obtain from previous employers relevant information concerning the past performance and may consider such information in its evaluation.
If you are selected for this position you must be available to start work o/a January, 2016. Thisavailability MUST be indicated in your cover letter (applications not indicating this availability will not be considered).
Any questions regarding this solicitation should be submitted no later than 5:00PM Nairobi local time, October 13, 2015 in writing to Karla Camp at kcamp@usaid.gov and Justine Kibabu at jkibabu@usaid.gov.
Only Electronic submissions are acceptable. All application packages must be submitted via e-mail: to kcamp@usaid.gov and jkibabu@usaid.gov by the closing date and time. Please quote the number and position title of this solicitation on the subject line of your e-mail application.
Please provide your current full mailing address with telephone and email address in the application.
USAID anticipates awarding one (1) Personal Services Contract as a result of this solicitation. This solicitation in no way obligates USAID to award a PSC contract, nor does it commit USAID to pay any costs incurred in the preparation and submission of the application.
Sincerely,
_/s/**_**
Karla Camp
Contracting Officer
Solicitation for U.S. Personal Service Contractor (PSC) Countering Violent Extremism/Conflict Senior Advisor)
SOLICITATION NO.: SOL-615-15-000040
ISSUANCE DATE: September 30, 2015
CLOSING DATE/TIME FOR RECEIPT November 12, 2015,
OF APPLICATIONS: 8:00A.M Local Time, Nairobi, Kenya
POSITION TITLE: Countering Violent Extremism/Conflict Senior Advisor)
MARKET VALUE: This position is the equivalent of a GS-14 ranging from $86,399 to $112,319 per annum. The actual salary of the successful candidate will be negotiated within the pay range of the GS-14 level depending on qualifications, previous relevant experience and work history, salary and educational background. Salaries over and above the top of the pay range will not be entertained or negotiated.
PERIOD OF PERFORMANCE: Three years with 2 option years (year to year basis)
PLACE OF PERFORMANCE: Nairobi, Kenya
AREA OF CONSIDERATION: U.S. Citizens
CLEARANCES: The final selected candidate must obtain a Secret Clearance and medical clearances within a reasonable period of time (USAID will provide details regarding these clearances to the selected candidate). If such clearances are not obtained within a reasonable time or negative suitability issues are involved, any offer made may be rescinded.
10. STATEMENT OF WORK/POSITION DESCRIPTION:
Kenya’s 2007-2008 Post Election Violence left an estimated 1100 people dead and over 100,000 displaced. Tourism and trade evaporated, the economy plummeted, and Kenyans were appalled at what they had wrought. Many vowed that they would never let the country fall again into the shadow of violence and despair. Slowly, Kenya’s international reputation was repaired, the economy gradually grew, a new Constitution was passed in 2010, and relatively free, fair, and peaceful elections were held in 2013.
Sadly, these positive transformations are set against a background where violent confrontation still emerges—at times driven by underlying grievances that have yet to be resolved. Kenya also finds itself deeply affected by the ongoing conflict in the Horn of Africa. Cross-border conflict mitigation is a significant issue with Somalia, Ethiopia, South Sudan, and Uganda. The active presence of Al-Shabaab in Kenya has resulted in many incidents including the devastating Westgate mall attack in 2013 and many other acts of violent extremism during 2014. The scope, scale and frequency of these attacks grew at an alarming rate in 2014 causing the Department of State to call for a reduction in U.S. staff in Embassy Nairobi and for the Canadian High Commission to declare Kenya a non-dependent post.
Despite this harsh reality, Kenya’s 2010 Constitution and Vision 2030 provide the foundation for continued transformational change in governance and the economy. The Constitution sets Kenya inexorably on a path to devolution, creating a new two-tier system with one national and 47 county (local) governments. In this context, devolution is the single most significant governance challenge that Kenya faces over the next decade. The roll-out of devolution has been predictably fraught with challenges, misconceptions, and a fair degree of tension.
Devolution has the potential to increase the potential for conflict in the country. Conversely, the occurrence of conflict whether stemming from unresolved grievances or violent extremism, has the potential to derail devolution’s success. As such, USAID will continue focusing on conflict mitigation and countering violent extremism (CVE) as a necessary component of the Mission’s overall support of devolution.
The objectives and principles of devolution, as outlined in the constitution, are to bring government and resources closer to the people while empowering citizens and local leaders to manage their own affairs.
New positions within the Government of Kenya have been created from this process including Governors (the administrative head of each county), Senators (who represent county interests within the Parliament), and elected County Assemblies.
Kenya’s Vision 2030 envisions a democratic system that is issue-based, people centered, results oriented and is accountable to the public. Vision 2030 seeks to transform Kenya's political governance in areas related to rule of law, electoral and political processes, democracy and public service delivery, transparency and accountability, and security and peace building.
Health and agriculture have already devolved to the county level; much of the education sector will remain centralized for the immediate future, though certainly will be impacted by County Governments. The extensive list of devolved functions presents new economic and social opportunities as well as challenges. As such, devolution will impact everything USAID is proposing to implement today and well into the future.
Though one of the objectives is to create a more representative and inclusive form of governance and one which in the end will be more efficient and responsive to constituent needs, devolution will have many direct as well as opportunity costs as it gets established. This tension characterizes the situation in Kenya.
USAID/Kenya and East Africa has been at the forefront attempting to support new Counties as they get established, trying to effectively balance support between national and local governments, helping to keep civil society engaged in the process, continuing efforts to mitigate conflict, and coordinating with other donors. Unfortunately, the dynamic nature of devolution, the fact that many underlying societal grievances remain unaddressed, and the repeated outbreaks of violent extremism complicate the situation. Therefore, the Democracy, Governance and Conflict (DGC) Office is requesting a unique skill set to help manage the increased work load and to address specific aspects of support.
BASIC FUNCTIONS
The Countering Violent Extremism/Conflict Senior Advisor (CSA) reports to the USAID/KEA DGC Office Director and coordinates closely with the Deputy Office Director(s). The position is based in Nairobi, Kenya and will have occasional travel within Kenya and East Africa. The incumbent helps coordinate USAID strategy, assistance, and policy in support of devolution and associated DGC and Regional initiatives that focus primarily on conflict mitigation and CVE, thus contributing to the U.S. foreign policy objective of supporting peace and stability in the Greater Horn of Africa.
USAID/KEA/DGC conflict mitigation and CVE activities are evolving and the CSA will help shape the new strategic approach including:
1) Identify underlying drivers of conflict and violent extremism (VE) in Kenya and East Africa.
2) Enable public institutions to undertake fundamental reforms and to manage instability and uncertainty in Kenya and East Africa.
3) Mobilize the public, especially youth and key change agents, to demand accountability and reform, thus addressing conflict and VE drivers in Kenya and East Africa.
4) Foster identity and self-confidence in at-risk youth in order to enable them to reject extremism in Kenya and East Africa.
5) Promote partnerships across the USG and with interlocutors from the Government of Kenya (GoK), Regional East African Institutions, and the international community. This will include, but not be limited to, serving as USAID’s liaison to the new Security Governance Initiative (SGI) launched in August 2014.
The CSA will contribute to the management – both technical and financial – of a complex, $10-million annual CVE/Conflict portfolio with national and regional impact. Most of the work will be in Nairobi with occasional travel to counties and within East Africa to ensure effective monitoring and oversight of activities.
The CSA will liaise with other USAID teams, USG agencies, the GoK, donors, civil society, international experts, and stakeholders to ensure maximum effectiveness of USAID activities in support of devolution, conflict mitigation and CVE. The incumbent ensures that USAID assistance is well coordinated, well monitored, and effectively managed. This position requires technical, programmatic, and financial expertise in the design and management of conflict mitigation and CVE activities.
Duties will include managing USAID DGC programs that support a wide array of activities. These include providing support to devolution, civil society, national and local institutions, and mitigating conflict/CVE. The CSA may need to serve as the Contracting Officer’s or Agreement Officer’s Representative for a variety of contracts and grants to support the portfolio and in particular elements relating to conflict mitigation/CVE.
The incumbent is also responsible for representing USAID and the USG in donor meetings, technical working groups, and in meetings with host government officials and civil society representatives. The CSA will work in close collaboration with other USG agencies to help implement the DGC portfolio as articulated in the draft Country Development Cooperation Strategy and the DGC Project Approval Document.
The CSA must have strong interpersonal skills and the ability to work in a difficult and dynamic political environment. Strong writing and presentation skills are required. Familiarity with conflict mitigation and CVE approaches is required. Prior experience working collaboratively with other donors and with other countries is required.
As part of the USAID/Kenya and East Africa DGC Team, the incumbent will, as required, contribute to broader team administrative and programmatic functions. These may include, but not be limited to, preparation of relevant sections of periodic reporting and planning documents, talking points, briefing notes, and analysis in response to requests from the Ambassador, USAID Mission Director, DGC Office Director, Congress, USAID/Washington, and the State Department. As an international expert in DGC, the CSA will contribute policy recommendations to top USG officials, including the Ambassador. Direct project management experience will form an important part of the duties and responsibilities.
SPECIFIC DUTIES AND RESPONSIBILITIES
a) Develop and refine the USAID/Kenya and East Africa strategy for conflict mitigation and CVE and ensure this strategy is integrated or conceptually linked with that of the Department of State with input from Department of Defense. Ideally, the strategy should articulate a USG approach to conflict mitigation and CVE throughout the Horn of Africa with a discrete section that can be implemented within Kenya. It should also link conceptually to ongoing efforts under the SGI.
b) Ensure conflict-related activities within USAID and among USG agencies are coordinated, duplication of effort is minimized, and the institutional strengths of partners are fully engaged.
c) Represent the USG in various settings, including meetings hosted by donors, the Kenyan government, Regional Institutions, and civil society.
d) Support various working groups including, but not limited to, the Reform Task Force (Devolution), the Joint Planning Cell (Devolution), Development Objective Team 1, Devolution Sector Working Group, the Devolution Donor Working Group, and the Conflict Working Group. Working as part of a team, this will include helping to structure the agenda, inviting participants, identifying and disseminating appropriate background documents, conducting needed analysis, and recording and disseminating proceedings.
e) Serve as a conflict/CVE expert and advisor to the USAID Mission. Briefings for the USAID Mission Director, the U.S. Ambassador and other USG officials will be required.
f) Manage or provide direct management support to one or more existing activities. This would include direct liaison with project partners, compiling reporting documents, including, but not limited to, financial and programmatic reports, and reviewing and providing guidance for activity results including monitoring and evaluation.
g) Assist with the design of one or more new activities for Kenya or East Africa that work to support civil society, mitigate conflict and counter violent extremism building on the Mission’s strategic approach to engage with Kenya’s growing youth population. This will include making recommendation on the most productive use of CVE funding, writing background documents such as concept notes, scopes of work, justifications, and authorizations and working with other offices to get them cleared through the Mission expeditiously.
h) Assist in the preparation of reports, analysis, and briefings as required. The CSA will also be required to provide talking points, briefing notes, and speeches in response to specific events or requests, and to perform other duties, as assigned by the DGCDGC Office Director.
POSITION ELEMENTS
Supervision Received: The CSA will receive overall supervision and policy guidance from the USAID/Kenya and East Africa DGC Deputy Office Director. The CSA will develop work objectives in coordination with the DRG Director against which performance is measured. In the day-to-day work environment, the CSA is expected to use initiative, resourcefulness, and creativity to resolve problems and further DO1.
Available Guidelines: The position requires an understanding of an array of USG and USAID regulations. The Federal Acquisition Regulation, Automated Directives System, and other publications available with USAID/Kenya provide guidance on many of the rules and regulations. Ingenuity will be required to interpret and, at times, to develop new guidelines given the dynamic nature of devolution in Kenya.
Exercise of Judgment: The CSA must exercise sound and independent judgment in interpreting and applying USG and USAID regulations and standard operating procedures in the course of carrying out assigned duties. The incumbent will have wide latitude for the exercise of independent judgment carrying out work of outstanding difficulty and must consistently demonstrate credible leadership within a dynamic and highly-sensitive operating environment.
Authority to Make Commitments: The incumbent is not authorized to make any commitments on behalf of USAID or the USG. The incumbent will represent USAID, except that communications that reflect a final policy, planning or budget decision of the agency must be cleared by the DGC Director, who is a U.S. Direct Hire employee.
Nature, Level, and Purpose of Contacts: The CSA will establish and maintain solid working relations with all levels of US Mission personnel and USAID staff. Frequent contact with senior-level US Embassy officers, host government officials, civil society members, international donors, and private sector entities will be required of the CSA in order to fulfill their duties. The CSA must establish strong and collaborative working relationships at all levels of county and national government in order to gain credibility and develop partnerships. This will include governors and their cabinets, county assemblies, permanent secretaries and directors at the national level. Often these contacts will be of a high-level and sensitive nature. Therefore, extreme discretion and diplomacy is required.
Interpersonal Skills: The CSA must have strong interpersonal skills and the ability to work in a difficult and dynamic political environment that brings together individuals from multiple cultures. Therefore, the ability to communicate effectively and diplomatically is essential. Clear and persuasive writing and presentation skills are required. The CSA must have strong problem solving skills as well as the ability to lead these efforts collaboratively.
Time Required to Perform a Full Range of Duties: The CSA is expected to be an international expert in their field with prior experience working in similar environments. A minimum of six months will be required to understand the Kenyan system of governance, conflict drivers, development priorities, and resource constraints and opportunities.
Period of Performance: The contract will be for a two-year period.
Reports: These will include, but not be limited to, significantly contributing to the compilation to ensure full breath of information and relevance is reflected in the operational plan, performance report, and portfolio reviews and preparation of relevant sections of periodic reporting and planning documents, talking points, briefing notes, and analysis in response to requests from the Ambassador, USAID Mission Director, DGC Office Director, Congress, USAID/Washington, and the State Department. As an international expert in conflict mitigation/CVE, the Senior Advisor will make policy recommendations to top USG officials.
11. REQUIRED QUALIFICATIONS AND EVALUATION CRITERIA
EDUCATION REQUIREMENTS
· Minimum of a bachelor’s degree.
SELECTION FACTORS
· U.S. citizens only
· At least 15 years of progressively advanced experience working with international development programs is required. At least five of those years must have been working directly on CVE approaches. Prior experience working in Africa is desired.
OR
An advanced degree with at least 12 years of progressively advanced experience working with international development programs. At least five of those years must have been working directly on CVE approaches. Prior experience working in Africa is desired.
OR
A relevant advanced degree (government, public administration, political science or closely related field) with at least 10 years of progressively advanced experience working with international development programs. At least five of those years must have been working directly on CVE approaches. Prior experience working in Africa is desired.
· English language proficiency, speaking and writing.
· Demonstrated ability to work on international development activities as related to conflict mitigation/CVE, humanitarian assistance, and stabilization operations is required. Demonstrated knowledge of international best practices in local government, governance, and civil society strengthening is required. Prior experience working collaboratively with other donors is required. Familiarity with development investments in Kenya is preferred.
· Demonstrated ability to work as part of a cross-cultural team within the DGC Office, with the DO1 Team, and across the broader Mission is essential. Ability to present ideas with tact and diplomacy is required. Ability to develop and maintain a range of mid- to high-level working relationships within the US Government and the Kenyan Government, among international donor partners, and with the private sector and civil society is required. Ability to quickly understand the basics of development activity management including the requirements for financial and programmatic reporting is required. Proficient use of word processing, spreadsheet, and PowerPoint software programs and willingness to use these programs to organize information, conduct analysis, prepare reports, draft correspondence, and prepare presentations is required. Candidate must be able to communicate exceptionally well in writing and verbally to a diversity of audiences. The candidate must be able to obtain at least a Secret Clearance level as well as to become COR/AOR certified.
EVALUATION CRITERIA
· Prior Work Experience (40%):A minimum of 15 years for candidates with a Bachelor's degree, a minimum of 12 years for candidates with an advanced degree, or a minimum of ten years of progressively advanced experience working with international development programs is required for candidates with a relevant advanced degree. At least five of those years must have been working directly on CVE approaches. Prior experience working in Africa is desired.
· Language Proficiency (5%): Level IV (fluent) English language proficiency, speaking and writing, is required.
· Knowledge (30%): A practical knowledge of international development activities as related to conflict mitigation/CVE, humanitarian assistance, and stabilization operations is required. Demonstrated knowledge of international best practices in local government, governance, and civil society strengthening is required. Prior experience working collaboratively with other donors is required. Familiarity with development investments in Kenya is preferred.
· Skills and Abilities (25%): Ability to work well as part of a cross-cultural team within the DGC Office, with the DO1 Team, and across the broader Mission is essential. Ability to present ideas with tact and diplomacy is required. Ability to develop and maintain a range of mid- to high-level working relationships within the US Government and the Kenyan Government, among international donor partners, and with the private sector and civil society is required. Ability to quickly understand the basics of development activity management including the requirements for financial and programmatic reporting is required. Proficient use of word processing, spreadsheet, and PowerPoint software programs and willingness to use these programs to organize information, conduct analysis, prepare reports, draft correspondence, and prepare presentations is required. Candidate must be able to communicate exceptionally well in writing and verbally to a diversity of audiences. The candidate must be able to obtain at least a Secret Clearance level as well as to become COR/AOR certified.
Please note in your document submittal where you heard about this position.
NOTE REGARDING GOVERNMENT OBLIGATIONS FOR THIS SOLICITATION
This solicitation in no way obligates USAID to award a PSC contract, nor does it commit USAID to pay any cost incurred in the preparation and submission of the application.
NOTE REGARDING DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBERS
All individuals contracted as US PSCs are required to have a DUNS Number.
USAID will provide a generic DUNS Number and PSCs are not required to register with CCR.
For general information about DUNS Numbers, please refer to Federal Acquisition Regulation (FAR) Clause 52.204-6, Data Universal Numbering System (DUNS) Number (10/2003) https:/acquisition.gov/far/current/html/52_200_206.html
12. LOGISTIAL SUPPORT
All logistical support required to mobilize, establish and maintain the contractor in Nairobi, Kenya and to support travel to the field will be provided by USAID/Kenya in accordance with applicable USAID regulations and U.S. Mission policy.
13. PERIOD OF SERVICE
This position will work within the DGC Office to focus on conflict mitigation and countering violent extremism (CVE) as devolution rolls out in Kenya. However, the position will transcend across technical offices within USAID and support conflict mitigation and CVE across the portfolio and in cooperation with the U.S. Government (USG) inter-agency and international partners working in this field**.**
14. BENEFITS
As a matter of policy, and as appropriate, a USPSC is normally authorized the following benefits and allowances: (NOTE: an individual defined as a Resident-Hire employee may only be eligible for those benefits listed under item A below)
A. BENEFITS
· Employer’s FICA Contribution
· Contribution toward Health and Life Insurance
· Pay Comparability Adjustment
· Eligibility for Worker’s Compensation
· Annual and Sick Leave
· Access to Embassy medical facilities, commissary and pouch mail services
B. ALLOWANCES (if applicable)
· Temporary Lodging Allowance (Section 120)
· Living Quarters Allowance (Section 130)
· Post Allowance (Section 220)
· Supplemental Post Allowance (Section 230)
· Separate Maintenance Allowance (Section 260)
· Education Allowance (Section 270)
· Education Travel (Section 280)
· Post Differential (Chapter 500)
· Payments during Evacuation/Authorized Departure (Section 600) and Danger Pay (Section 650)
C. FEDERAL TAXES: USPSCs are not exempt from payment of Federal Income taxes under the foreign earned income exclusion.
15. APPLYING
Please submit your application by e-mail (required) to the Contracting Officer, Karla Camp at kcamp@usaid.gov and Acquisition & Assistance Specialist, Justine Kibabu at jkibabu@usaid.gov by the closing date and time. Ensure that you indicate the solicitation number and position title (USAID/Kenya SOL-615-15-000040 – USPSC Countering Violent Extremism/Conflict Senior Advisor in the subject line.
Form OF 612, Optional Application for Federal Employment, or SF 171, Application for Federal Employment and Contractor Employee Biographical Data Sheet (AID 1420-17) must be signed and if submitted unsigned it will be rejected. Scanned copies are accepted by e-mail. Applicants should retain for their records copies of all enclosures which accompany their applications.
Please provide your current full mailing address with telephone numbers and email address in the application.
1. List of Required Forms for PSCs
· Optional form 612
· Contractor Physical Examination (AID Form 1420-62)
· AID 6-1 (Request for Security Action)
· SF-86 (Questionnaire for National Security Positions)
· FD-258 (Fingerprint Cards) 2 each
· AID 610-14 (Authority for Release of Information)
· AID 6-85 (Foreign Residence Data)
· Fair Credit Reporting Act of 1970, As Amended
· Notice Required by the Privacy Act of 1974
These forms shall only be completed upon the advice of the Contracting Officer that an applicant is the successful candidate for the job. Note: The selected individual shall be required to obtain a security clearance.
2. Acquisition and Assistance Policy Directives (AAPDs) Pertaining to Personal Service Contracts (PSC)
AAPDs contain information or changes pertaining to USAID policy, regulation and procedures concerning acquisition and assistance. A number of AAPDs pertain to Personal Services Contracts. Please refer to the USAID website: http://www.usaid.gov/business/business_opportunities/cib/archive.html#psc to locate relevant AAPDs. Additionally, AIDAR Appendix D or J also applies to PSCs and can be found at: http://www.usaid.gov/business/business_opportunities/cib/archive.html#psc.
AAPD 06-10 – PSC MEDICAL PAYMENT RESPONSIBILITY
AAPD No. 06-10 is hereby incorporated as Attachment 1 to the solicitation.
FAR 52.222-50 – COMBATING TRAFFICKING IN PERSONS
FAR Clause 52.222-50 is hereby incorporated as Attachment 2 to the solicitation.
ALL QUALIFIED APPLICANTS WILL BE CONSIDERED REGARDLESS OF AGE, RACE, COLOR, SEX, CREED, NATIONAL ORIGIN, LAWFUL POLITICAL AFFILIATION, NON-DISQUALIFYING DISABILITY, MARITAL STATUS, SEXUAL ORIENTATION, AFFILIATION WITH AN EMPLOYEE ORGANIZATION, OR OTHER NON-MERIT FACTOR.
END OF SOLICITATION
ATTACHMENT 1
ACQUISITION & ASSISTANCE POLICY DIRECTIVE (AAPD) NO. 06-10 PSC MEDICAL EXPENSE PAYMENT RESPONSIBILITY
General Provision 22,
MEDICAL EXPENSE PAYMENT RESPONSIBILITY (OCTOBER 2006)
(a) Definitions. Terms used in this General Provision are defined in 16 FAM 116 available at http://www.state.gov/m/a/dir/regs/fam/16fam/index.htm
Note: Personal services contractors are not eligible to participate in the Federal Employees Health Programs.
(b) The regulations in the Foreign Affairs Manual, Volume 16, Chapter 520 (16 FAM 520), Responsibility for Payment of Medical Expenses, apply to this contract, except as stated below. The contractor and each eligible family member are strongly encouraged to obtain health insurance that covers this assignment. Nothing in this provision supersedes or contradicts any other term or provision in this contract that pertains to insurance or medical costs, except that section (e) supplements General Provision 25. “MEDICAL EVACUATION (MEDEVAC) SERVICES.”
(c) When the contractor or eligible family member is covered by health insurance, that insurance is the primary payer for medical services provided to that contractor or eligible family member(s) both in the United States and abroad. The primary insurer’s liability is determined by the terms, conditions, limitations, and exclusions of the insurance policy. When the contractor or eligible family member is not covered by health insurance, the contractor is the primary payer for the total amount of medical costs incurred and the U.S. Government has no payment obligation (see paragraph (f) of this provision).
(d) USAID serves as a secondary payer for medical expenses of the contractor and eligible family members who are covered by health insurance, where the following conditions are met:
(1) The illness, injury, or medical condition giving rise to the expense is incurred, caused, or materially aggravated while the eligible individual is stationed or assigned abroad;
(2) The illness, injury, or medical condition giving rise to the expense required or requires hospitalization and the expense is directly related to the treatment of such illness, injury, or medical condition, including obstetrical care; and
(3) The Office of Medical Services (M/MED) or a Foreign Service medical provider (FSMP) determines that the treatment is appropriate for, and directly related to, the illness, injury, or medical condition.
(e) The Mission Director may, on the advice of M/MED or an FSMP at post, authorize medical travel for the contractor or an eligible family member in accordance with the General Provision 10, Travel and Transportation Expenses (July 1993), section (i) entitled “Emergency and Irregular Travel and Transportation.” In the event of a medical emergency, when time does not permit consultation, the Mission Director may issue a Travel Authorization Form or Medical Services Authorization Form DS-3067, provided that the FSMP or Post Medical Advisor (PMA) is notified as soon as possible following such an issuance. The contractor must promptly file a claim with his or her medevac insurance provider and repay to USAID any amount the medevac insurer pays for medical travel, up to the amount USAID paid under this section. The contractor must repay USAID for medical costs paid by the medevac insurer in accordance with sections (f) and (g) below. In order for medical travel to be an allowable cost under General Provision 10, the contractor must provide USAID written evidence that medevac insurance does not cover these medical travel costs.
(f) If the contractor or eligible family member is not covered by primary health insurance, the contractor is the primary payer for the total amount of medical costs incurred. In the event of a medical emergency, the Medical and Health Program may authorize issuance of Form DS-3067, Authorization for Medical Services for Employees and/or Dependents, to secure admission to a hospital located abroad for the uninsured contractor or eligible family member. In that case, the contractor will be required to reimburse USAID in full for funds advanced by USAID pursuant to the issuance of the authorization. The contractor may reimburse USAID directly or USAID may offset the cost from the contractor’s invoice payments under this contract, any other contract the individual has with the U.S. Government, or through any other available debt collection mechanism.
(g) When USAID pays medical expenses (e.g., pursuant to Form DS-3067, Authorization for Medical Services for Employees and/or Dependents), repayment must be made to USAID either by insurance payment or directly by the contractor, except for the amount of such expenses USAID is obligated to pay under this provision. The Contracting Officer will determine the repayment amount in accordance with the terms of this provision and the policies and procedures for employees contained in 16 FAM 521. When USAID pays the medical expenses, including medical travel costs (see section (e) above), of an individual (either the contractor or an eligible family member) who is covered by insurance, that individual promptly must claim his or her benefits under any applicable insurance policy or policies. As soon as the individual receives the insurance payment, the contractor must reimburse USAID for the full amount that USAID paid on the individual’s behalf or the repayment amount determined by the Contracting Officer in accordance with this paragraph, whichever is less. If an individual is not covered by insurance, the contractor must reimburse USAID for the entire amount of all medical expenses and any travel costs the contractor receives from his/her medevac provider.
(h) In the event that the contractor or eligible family member fails to recover insurance payments or transfer the amount of such payments to USAID within 90 days, USAID will take appropriate action to collect the payments due, unless such failure is for reasons beyond the control of the USPSC/dependent.
(i) Before departing post or terminating the contract, the contractor must settle all medical expense and medical travel costs. If the contractor is insured, he or she must provide proof to the Contracting Officer that those insurance claims have been submitted to the insurance carrier(s) and sign a repayment agreement to repay to USAID any amounts paid by the insurance carrier(s).
ATTACHMENT 2
FAR 52.222-50 COMBATING TRAFFICKING IN PERSONS (FEB 2009).
(a) Definitions. As used in this clause— “Coercion” means—
(1) Threats of serious harm to or physical restraint against any person;
(2) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or
(3) The abuse or threatened abuse of the legal process.
“Commercial sex act” means any sex act on account of which anything of value is given to or received by any person.
“Debt bondage” means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined.
“Employee” means an employee of the Contractor directly engaged in the performance of work under the contract who has other than a minimal impact or involvement in contract performance.
“Forced Labor” means knowingly providing or obtaining the labor or services of a person—
(1) By threats of serious harm to, or physical restraint against, that person or another person;
(2) By means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; or
(3) By means of the abuse or threatened abuse of law or the legal process.
“Involuntary servitude” includes a condition of servitude induced by means of—
(1) Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such conditions, that person or another person would suffer serious harm or physical restraint; or
(2) The abuse or threatened abuse of the legal process.
“Severe forms of trafficking in persons” means—
(1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or
(2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.
“Sex trafficking” means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.
(b) Policy. The United States Government has adopted a zero tolerance policy regarding trafficking in persons. Contractors and contractor employees shall not—
(1) Engage in severe forms of trafficking in persons during the period of performance of the contract;
(2) Procure commercial sex acts during the period of performance of the contract; or
(3) Use forced labor in the performance of the contract.
(c) Contractorrequirements. The Contractor shall—
(1) Notify its employees of—
(i) The United States Government’s zero tolerance policy described in paragraph (b) of this clause; and
(ii) actions that will be taken against employees for violations of this policy. Such actions may include, but are not limited to, removal from the contract, reduction in benefits, or termination of employment; and
(2) Take appropriate action, up to and including termination, against employees or subcontractors that violate the policy in paragraph (b) of this clause.
(d) *Notification.*The Contractor shall inform the Contracting Officer immediately of—
(1) Any information it receives from any source (including host country law enforcement) that alleges a Contractor employee, subcontractor, or subcontractor employee has engaged in conduct that violates this policy; and
(2) Any actions taken against Contractor employees, subcontractors, or subcontractor employees pursuant to this clause.
(e) Remedies. In addition to other remedies available to the Government, the Contractor’s failure to comply with the requirements of paragraphs (c), (d), or (f) of this clause may result in—
(1) Requiring the Contractor to remove a Contractor employee or employees from the performance of the contract;
(2) Requiring the Contractor to terminate a subcontract;
(3) Suspension of contract payments;
(4) Loss of award fee, consistent with the award fee plan, for the performance period in which the Government determined Contractor non-compliance;
(5) Termination of the contract for default or cause, in accordance with the termination clause of this contract; or
(6) Suspension or debarment.
(f) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (f), in all subcontracts.
(g) MitigatingFactor.The Contracting Officer may consider whether the Contractor had a Trafficking in Persons awareness program at the time of the violation as a mitigating factor when determining remedies. Additional information about Trafficking in Persons and examples of awareness programs can be found at the website for the Department of State’s Office to Monitor and Combat Trafficking in Persons athttp://www.state.gov/g/tip.
How to apply:
As above