SOLICITATION NUMBER: 720BHA23R00046

ISSUANCE DATE: August 15, 2023

CLOSING DATE AND TIME: June 28, 2024, 12:00 P.M. Eastern Time

SUBJECT: Solicitation for U.S. Personal Service Contractor (USPSC)

Dear Prospective Offerors:

The United States Government (USG), 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 of this solicitation. Incomplete or unsigned

offers will not be considered. Offerors should retain copies of all offer materials for their
records.

USAID will evaluate all offerors based on stated evaluation criteria. USAID encourages all
individuals, including those from disadvantaged and under-represented groups, to respond to
the 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 offer.

Any questions must be directed in writing to the Point of Contact specified in Attachment 1.

Sincerely,

Ousay Wahaj
Supervisory Contracting Officer
Office of Acquisition & Assistance
(M/OAA/BHA-CPS/PSC)

U.S. Agency for International Development

1300 Pennsylvania Avenue, NW
Washington, DC 20523
[Link]
 720BHA23R00046

ATTACHMENT 1

I. GENERAL INFORMATION

1. SOLICITATION NO.: 720BHA23R00046

2. ISSUANCE DATE: August 15, 2023

3. CLOSING DATE AND TIME FOR RECEIPT OF OFFERS: June 28, 2024 at 12:00 P.M. Eastern
Time

This solicitation is open and continuous until June 28, 2024. The following are the closing
dates for each review period:

October 3, 2023, 12:00 P.M. Eastern Time

January 3, 2023, 12:00 P.M. Eastern Time
March 26, 2024, 12:00 P.M. Eastern Time
June 28, 2024, 12:00 P.M. Eastern Time

Offerors not selected during a previous review period must reapply in order to be considered
for positions available in subsequent review periods. A review period may be canceled at the
Contracting Officer’s discretion.

4. POINT OF CONTACT: TPQ Recruitment Team, [Link]@[Link]

5. POSITION TITLE: Disaster Risk Reduction Advisor (DRR)

6. MARKET VALUE: This position can be filled at either the GS-13 ($84,546 - $109,908) or
GS-14 ($99,908 - $129,878) equivalent level, without locality.

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. USPSCs performing overseas are
not entitled to Locality Pay.

Offerors who meet the minimum qualifications for a GS-13 will be considered for the GS-13
level positions. Offerors who meet the minimum qualifications for a GS-14 will be considered
for the GS-14 level only.

Offerors selected at the GS-13 may have an opportunity for advancement to the GS-14
equivalent after at least two years at the GS-13 level if the individual receives a
recommendation from the supervisor for advancement along with an Exceeds Fully
Successful performance evaluation. Advancement to the GS-14 level is not guaranteed.

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Salaries over and above the top of the pay range will not be entertained or negotiated.

7. PLACE OF PERFORMANCE: Remote

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 PSCs
authorized to remote work, the alternative worksite determines the locality pay for
compensation purposes.

8. PERIOD OF PERFORMANCE: Five (5) years, tentatively 145 day estimated start date from
closing

9. ELIGIBLE OFFERORS: U.S. Citizens Only

10. SECURITY LEVEL REQUIRED: Secret

If there is a change in circumstances requiring access to National Security information classified
at the Top-Secret level, the offeror may be asked to obtain and maintain a Top Secret/Sensitive
Compartmented Information level clearance as provided by USAID.

11. STATEMENT OF DUTIES

GENERAL STATEMENT OF PURPOSE OF THE CONTRACT

The Bureau for Humanitarian Assistance (BHA) requires the services of a Disaster Risk Reduction
(DRR) Advisor to work with the Natural Hazards and Disaster Risk Reduction (NHDRR) Team
within the Office of Technical and Program Quality’s (TPQ’s) Risk Analysis Division to integrate
DRR activities into BHA-supported response, early recovery, and risk reduction and resilience
programs. The DRR Advisor will assist the NHDRR Team with meeting its objectives of providing
technical expertise to guide the design, implementation, and monitoring of quality DRR
programming. The Advisor will ensure that DRR activities are in line with BHA’s mandate,
guidance, and technical best practices.

The DRR Advisor will contribute to a significant expansion of BHA’s support and technical
leadership related to DRR. The Advisor will be responsible for technical guidance, interagency
coordination, program strategy support, and program management related to DRR.

The team seeks a highly motivated professional with experience implementing humanitarian
response, early recovery, risk reduction, or resilience programs. The team seeks an individual
with substantial professional experience related to DRR who has been part of teams responding
to humanitarian crises. The ideal candidate will be a highly effective team member; technically

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highly qualified; will be motivated, organized, and diplomatic; and will be able to manage stress
well.

STATEMENT OF DUTIES TO BE PERFORMED

At all GS levels:

Disaster Response Support

● Sign up for and serve on Washington-based Response Management Teams (RMTs), which
provide services and support to Disaster Assistance Response Teams (DARTs) deployed in
response to disasters. The duties on RMTs will vary.
● Serve on DARTs which may require immediate (within 24 hours) deployment overseas for an
extended period of time. During deployment on DARTs (if required), and during site visits,
there may be some additional physical exertion including long periods of standing, walking
over rough terrain, or carrying of moderately heavy items (less than 50 pounds). Work is
primarily performed in an office setting. During deployment on DARTs (if required), and
during site visits, the work may additionally involve special safety and/or security
precautions, wearing of protective equipment, and exposure to severe weather conditions.
● As needed, may serve on temporary details within the Bureau to meet operational needs
during staff shortages. Duties performed while on detail will be aligned with the team’s
existing duties and responsibilities and will be directly related to the scope of work
provided.

Program Management
● Become certified and serve as an Agreement Officer’s Representative/Contracting Officer’s
Representative (AOR/COR), as assigned. The AOR/COR provides financial and programmatic
oversight of all aspects of managing agreements or contracts; this includes but is not limited
to reviewing invoices, requests for approvals, program/project deliverables (i.e. work plans,
annual reports, month status reports), travel requests, key personnel requests, and
financial/budget reports. They are responsible for drafting and submitting the annual
contractor performance evaluation in Contract Performance Assessment Review System
(CPARS). They prepare and review contract/assistance modifications documentation and
assist the Contracting/Agreement Officer to ensure performance is compliant with the
terms and conditions of the contract/agreement, the Federal Acquisition Regulation (FAR),
and USAID policy. AOR/CORs are responsible for all related requirements in the COR
designation letter and the AOR designation letter.

Team Culture
● Consistently model behaviors that demonstrate a commitment to fostering a welcoming and
inclusive work environment free of discrimination, bias, unfairness, exclusion, offensive
behaviors and harassment of any kind.
● Contribute to a collaborative, respectful, and professional work environment by
demonstrating partnership and teamwork to accomplish team, division, office, and Bureau
objectives.

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 720BHA23R00046

● Participate in workplace efforts to advance diversity, equity, inclusion, and accessibility,

including those related to Bureau and TPQ programs, partners, staffing, professional
development, and other key areas.
● Attend and actively participate in personal-development activities, such as anti-harassment
and diversity training opportunities, brown bag sessions, working groups, and/or focus
group discussions.

At the GS-13 level:

Technical Guidance
● Provide advice to BHA teams to assess gaps and needs, and support planning,
implementing, and monitoring of DRR interventions at national, local, and community
levels.
● Coordinate with and assist BHA’s technical experts in various sectors in integrating
cross-cutting issues related to DRR in BHA’s work.
● Review DRR-related funding applications to BHA for appropriateness in relation to BHA’s
mandate, technical merits and effectiveness, as well as identify areas where DRR
interventions can build upon ongoing disaster response and/or resilience programming.
● Develop activities and training to promote DRR within BHA and highlight DRR for other
USAID bureaus.
● Provide technical assistance on various DRR activities within the following areas: local risk
management and preparedness; community-based DRR activities, capacity
building/training; community awareness/mobilization; public/private partnerships; DRR
strategy, policy, implementation, and advocacy as well as integration of DRR within
education and research programs; early action to early warnings; international DRR
frameworks, coordination with partners and non-governmental organizations (NGOs) in DRR
related issues and other forms of risk management.

Communication
● Prepare evidence and other reports and documents, as tasked by the NHDRR Team Lead, to
illustrate the impact of DRR and underscore the importance of continued funding for
DRR-related interventions; this may include talking points and other related information
products and documents.
● Prepare briefing materials, background documents, talking points and other relevant
documents for BHA and USAID as needed for various purposes such as Congressional
testimony, speeches in international meetings or press releases.

At the GS-14 level: (If the PSC is promoted during contract performance)

Technical Guidance

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● Coordinate DRR Advisors’ advice to BHA teams to assess gaps and needs and support
planning, implementing, and monitoring for DRR interventions at national, local, and
community levels.
● Lead the team’s efforts to assist BHA’s technical experts, from DRR-related sector(s) such as
natural hazards, shelter, food security, or Water, Sanitation, and Hygiene (WASH), in
integrating cross-cutting issues related to DRR in BHA’s work.
● Lead the DRR Advisors’ review of DRR-related funding applications to BHA for
appropriateness in relation to BHA’s mandate, technical merits and effectiveness, as well as
identify areas where DRR interventions can build upon ongoing disaster response and/or
resilience programming.
● Lead the development of activities and training to promote DRR within BHA and highlight
DRR for other USAID bureaus.
● Coordinate the team’s technical assistance on various DRR activities within the following
areas: local risk management and preparedness; community-based DRR activities, capacity
building/training; community awareness/mobilization; public/private partnerships; DRR
strategy, policy, implementation, and advocacy as well as integration of DRR within
education and research programs; early action to early warnings; international DRR
frameworks, coordination with partners and NGOs in DRR related issues and other forms of
risk management.
● Coordinate the NHDRR Team’s DRR activities to ensure assistance is comprehensive and
strategic.
● Represent BHA within DRR-focused coordination fora external to the US Government (USG),
as assigned by the NHDRR Team Lead or their designee.
● Lead advocacy efforts related to mainstreaming DRR into USAID-supported development
initiatives; and manage the production and dissemination of both regular and occasional
reports on BHA DRR activities.
● Develop strategies and implementation plans for DRR to guide BHA programs to prevent
new disaster risks and reduce existing ones. As appropriate, apply new developments in DRR
to BHA programming.

Communication
● Develop the team’s DRR communication plan and coordinate the preparation of evidence
and other deliverables, as tasked by the NHDRR Team Lead or their designee, to illustrate
the impact of DRR and underscore the importance of continued funding for DRR related
interventions; this may include talking points and other related products and documents.
● Coordinate the preparation of briefing materials, background documents, talking points and
other relevant documents for BHA and USAID as needed for various purposes such as
Congressional testimony, speeches in international meetings or press releases.

SUPERVISORY RELATIONSHIP:

The USPSC will take direction from and will report to the NHDRR Team Lead or their designee.

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SUPERVISORY CONTROLS:

At the GS-13 equivalent level:

The supervisor sets overall objectives. USPSC and supervisor together develop deadlines,
projects and work to be done. The USPSC independently plans, designs, and carries out project,
studies, and programs. Completed work is reviewed only from an overall standpoint in terms of
feasibility, compatibility with other work, or effectiveness in meeting requirements, or expected
results. Technical problems are generally resolved without reference to supervisors.

At the GS-14 equivalent level:

The supervisor provides administrative direction in terms of broadly defined missions or
functions. USPSC independently plans, designs and carries out project, studies, and programs.
Results of the work are considered technically authoritative. There is no higher level official
technically responsible for administering the program/project.

12. PHYSICAL DEMANDS

The work requested does not involve undue physical demands.

II. MINIMUM QUALIFICATIONS REQUIRED FOR THIS POSITION

EDUCATION/EXPERIENCE REQUIRED FOR THIS POSITION

(Determines basic eligibility for the position. Offerors who do not meet all of the education and
experience factors are considered NOT qualified for the position.)

At the GS-13 Level:

High School Diploma and at least eleven (11) years of experience working in government, a
large organization, or a business setting, with responsibilities related to working in humanitarian
assistance or DRR.

OR

Bachelor’s degree with significant study in or pertinent to the specialized field (including:
disaster management, humanitarian assistance, natural sciences, social sciences, or other
related fields), plus a minimum of seven (7) years of experience working in humanitarian
assistance or DRR.

OR

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Master’s degree with significant study in or pertinent to the specialized field (including: disaster
management, humanitarian assistance, natural sciences, social sciences, or other related fields),
plus a minimum of five (5) years of experience working in humanitarian assistance or DRR.

At the GS-14 Level:

Bachelor’s degree with significant study in or pertinent to the specialized field (including:
disaster management, humanitarian assistance, natural sciences, social sciences, or other
related fields), plus a minimum of nine (9) years of experience working in humanitarian
assistance or DRR.

OR

Master’s degree with significant study in or pertinent to the specialized field (including: disaster
management, humanitarian assistance, natural sciences, social sciences, or other related fields),
plus a minimum of seven (7) years of experience working in humanitarian assistance or DRR.

III. EVALUATION AND SELECTION FACTORS

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. FAR provisions of this solicitation are available at
[Link]

The technical evaluation committee may conduct reference checks, including references from
individuals who have not been specifically identified by the offeror, and may do so before or
after a candidate is interviewed.

SELECTION FACTORS
(Determines basic eligibility for the position. Offerors who do not meet all of the selection
factors are considered NOT qualified for the position.
● Offeror is a U.S. Citizen.
● Complete resume submitted. See Section IV for resume requirements. Experience that
cannot be quantified will not be counted towards meeting the solicitation requirements.
● USPSC Offeror form AID 309-2. Offerors are required to complete sections A through I.
This form must be physically signed. Electronic signatures may be accepted.

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● Ability to obtain and maintain a Secret clearance. If there is a change in circumstances

requiring access to National Security information classified at the Top-Secret level, the
offeror may be asked to obtain and maintain a Top Secret/Sensitive Compartmented
Information level clearance as provided by USAID.
● Ability to obtain and maintain a Department of State medical clearance throughout the
contract.
● Must not appear as an excluded party in the System for Award Management ([Link]).
● Satisfactory verification of academic credentials.

OFFEROR RATING SYSTEM

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:

Matrix (30 points)

At the GS-13 Level:

Professional Experience (15 points)

● Demonstrated experience as a DRR advisor or implementer addressing issues including:

o Local disaster risk management and preparedness (2 points)
o Community-based DRR activities (1 point)
o DRR strategy, policy, implementation, or advocacy at national, local or
community levels (1 point)
o Integration of DRR within education and research programs or early action to
early warnings. (1 point)
● Demonstrated experience working on projects related to humanitarian response, early
recovery, risk reduction, or resilience. (5 points)
● Demonstrated experience working with multiple types of organizations, including
humanitarian organizations, NGOs, Public International Organizations (PIOs), United
Nations (UN), USG, or private sector. (5 points)

Skills and Abilities (15 points)

● Experience working with technical experts from DRR-related sector(s) such as natural
hazards, shelter, food security, or Water, Sanitation, and Hygiene (WASH). (5 points)
● Experience working as part of diverse teams including experience working on projects
focused on at least two countries and working with at least three technical sectors such
as natural hazards, shelter, food security, or WASH. (5 points)
● Experience assisting with the development of informational products about DRR-related
activities, including factsheets, talking points, briefers, presentations, and papers. (5
points)

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At the GS-14 Level

Professional Experience (15 points)

● Demonstrated experience in a leadership role as a DRR advisor or Implementer in

addressing issues including:
o Local disaster risk management and preparedness (2 points)
o Community-based DRR activities (1 point)
o DRR strategy, policy, implementation, and advocacy at national, local or
community levels (1 point)
o Integration of DRR within education or research programs, or early action to
early warnings (1 point)
● Demonstrated experience leading projects related to humanitarian response, early
recovery, risk reduction, or resilience. (5 points)
● Demonstrated experience working in a leadership role with multiple types of
organizations, including humanitarian organizations, NGOs, PIOs, UN, USG, or private
sector. (5 points)

Skills and Abilities (15 points)

● Experience working in a leadership role with technical experts from DRR-related

sector(s) such as natural hazards, shelter, food security, or WASH to provide guidance
and expertise on DRR programming. (5 points)
● Experience leading, managing, or coordinating diverse teams including experience
working on projects focused on at least three countries and working with at least three
technical sectors such as natural hazards, shelter, food security, or WASH. (5 points)
● Experience developing informational products about DRR-related activities including
factsheets, talking points, briefers, presentations, and papers. (5 points)

Interview Performance (60 points)

Satisfactory Professional Reference Checks (10 points)

Offerors must provide their references to BHA upon request no later than seven (7) days from
initial request. Failure to meet this requirement will lead to a score of zero (0) in this portion of
the Offeror Rating System.

Total Possible Points: 100

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.

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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 and required to provide a writing sample. BHA
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. BHA reserves the right to select additional offerors
if vacancies become available during the future phase of the selection process.

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
[Link]
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.
4. Complete resume. In order to fully evaluate your offer, your resume must include:

(a) Offerors must notate on their resume what GS level equivalent is being applied for.
Applicants may list more than one GS level on their resume.
(a) Paid and non-paid experience, job title, location(s), dates held (month/year), and hours
worked per week for each position. Any experience that does not include dates
(month/year), locations, and hours per week will not be counted towards meeting the
solicitation requirements.
(b) Specific duties performed that fully detail the level and complexity of the work.
(c) 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.
(d) U.S. Citizenship
(e) Optional: How did you hear about this opportunity? ([Link], BHA Jobs, Career Fair,
etc.).

Your resume must contain sufficient information to make a valid determination that you
fully meet the experience requirements as stated in this solicitation for each grade level(s)
for which you are applying. This information must be clearly identified in your resume.

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Failure to provide information sufficient to determine your qualifications for the position will
result in loss of full consideration.

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.

5. 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. If Top Secret is required, and clearance is not obtained within nine months
after award, USAID may terminate the contract at the convenience of the government. If
Sensitive Compartmented Information (SCI) access is not obtained within nine months
after Top Secret clearance is granted, USAID may terminate the contract at the
convenience of the government.

6. 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; the offer may be rescinded.

7. 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 offer.

V. LIST OF REQUIRED FORMS PRIOR TO AWARD

The CO will provide instructions about how to complete and submit the following forms after an
offeror is selected for the contract award.

Forms outlined below can be found at:

[Link] or at [Link]

1. Resume.
2. USPSC Offeror Form (AID 309-2)
3. Medical History and Examination Form (DS-6561). **
4. Questionnaire for Sensitive Positions (for National Security) (SF-86), or **
5. Questionnaire for Non-Sensitive Positions (SF-85). **

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6. Finger Print Card (FD-258). **

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

** Forms 3 through 7 shall be completed ONLY upon the advice of the Contracting Officer that
an offeror is the successful candidate for the job.

VI. BENEFITS AND ALLOWANCES

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

1. BENEFITS:

(a) Employer's FICA Contribution

(b) Contribution toward Health & Life Insurance
(c) Pay Comparability Adjustment
(d) Annual Increase (pending a satisfactory performance evaluation)
(e) Eligibility for Worker's Compensation
(f) Leave and Holidays

2. ALLOWANCES
Section numbers refer to rules from the Department of State Standardized Regulations
(Government Civilians Foreign Areas), available at
[Link]

(a) Temporary Lodging Allowance (Section 120).

(b) Living Quarters Allowance (Section 130).
(c) Post Allowance (Section 220).
(d) Supplemental Post Allowance (Section 230).
(e) Separate Maintenance Allowance (Section 260).
(f) Education Allowance (Section 270).
(g) Education Travel (Section 280).
(h) Post Differential (Chapter 500).
(i) Payments during Evacuation/Authorized Departure (Section 600)
(j) Danger Pay. (Section 650)

VII. TAXES

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

VIII. USAID REGULATIONS, POLICIES AND CONTRACT CLAUSES PERTAINING TO PSCs

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

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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:
[Link]

2. Contract Cover Page form AID 309-1 available at [Link] .

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

LINE ITEMS
ITEM SUPPLIES/SERVICES (DESCRIPTION) QUANTITY UNIT UNIT AMOUNT
NO (B) (C) (D) PRICE (F)
(A) (E)
0001 Base Year 1 - Compensation, Fringe 1 LOT $ _TBD $_TBD at
Benefits and Other Direct Costs (ODCs) Award
- Award Type: Cost after
- Product Service Code: 497 negotiatio
- Accounting Info: [Insert from Phoenix] ns with
Contracto
r
0002 Base Year 2 - Compensation, Fringe 1 LOT $ _TBD $_TBD at
Benefits and Other Direct Costs (ODCs) Award
- Award Type: Cost after
- Product Service Code: 497 negotiatio
- Accounting Info: [Insert from Phoenix] ns with
Contracto
r
0003 Base Year 3 - Compensation, Fringe 1 LOT $ _TBD $_TBD at
Benefits and Other Direct Costs (ODCs) Award
- Award Type: Cost after
- Product Service Code: 497 negotiatio
- Accounting Info: [Insert from Phoenix] ns with
Contracto
r
0004 Base Year 4 - Compensation, Fringe 1 LOT $ _TBD $_TBD at
Benefits and Other Direct Costs (ODCs) Award
- Award Type: Cost after
- Product Service Code: 497 negotiatio
- Accounting Info: [Insert from Phoenix] ns with
Contracto
r
0005 Base Year 5 - Compensation, Fringe 1 LOT $ _TBD $_TBD at
Benefits and Other Direct Costs (ODCs) Award

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- Award Type: Cost after

- Product Service Code: 497 negotiatio
- Accounting Info: [Insert from Phoenix] ns with
Contracto
r

3. Acquisition and Assistance Policy Directives/Contract Information Bulletins (AAPDs/CIBs) for

Personal Services Contracts with Individuals available at:
[Link]

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
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.

FAR 52.204-27 Prohibition on a ByteDance Covered Application.

FAR Clause 52.204-27 is hereby incorporated as Appendix 4 to the solicitation.

4. 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
[Link]

5. 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:

[Link]

The PSC Ombudsman may be contacted via: PSCOmbudsman@[Link]

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APPENDIX 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
[Link] 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

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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 AAPD 06-10 PSC Medical Expense Payment Responsibility 7 Officer that those

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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]

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APPENDIX 2

GP. 5 Leave and Holidays [Deviation (NOV 2021)]

(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 continuous for the contract
period of performance, the contractor is entitled 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 continuous during the
contract period of performance, the contractor is entitled to accrue
annual leave only for each instance of continuous 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 entitled to accrue annual leave.

(2) The rate at which the contractor will accrue annual leave is based on the contractor's
time in service according to the table of this paragraph (a)(2). The accrual rates are based on
a full-time, 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 time in service based on all the previous service performed
by the contractor as—:

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

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

(C) An honorable active duty member of the uniformed services based on the
definition in 5 U.S.C. 2101(3).

(ii) In addition to the information certified by the contractor in their Offeror

Information form, the contracting 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 recreation during the period of performance. The
contractor, in consultation with the Supervisor, must develop an annual leave schedule
early in the period of performance, taking into consideration the requirements of the
position, 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 position precluded the contractor from taking such leave. The
contractor may be authorized to restore annual leave for exceptional circumstances
beyond the control of the contractor. The restoration of annual leave may be approved
only by the USAID Administrator, cognizant Assistant Administrator or Head of an
Independent Office reporting 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 after either—

(i) The end of the leave year two years after the date fixed by the approving
official as the termination date of the exceptional 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 position precluded the contractor from taking annual
leave. In this case, the contracting 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

(ii) Payment of a lump-sum for annual leave not taken based on a signed, written
determination and findings (D&F) from the contractor's supervisor. The D&F must set
out the facts and circumstances that prevented the contractor from taking annual leave,
and the contracting officer must find that the contractor did not cause, or have the
ability to control, such facts and circumstances. This lump-sum payment must not

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exceed the number of days the contractor could have accrued during a twelve
(12)-month period based on the contractor's accrual rate.

(5) The contractor may be granted advanced annual leave by the contracting officer
when circumstances warrant. Advanced leave must be approved by the Mission Director,
cognizant Assistant Administrator, or Head of an Independent Office reporting directly to
the Administrator, as appropriate. In no case may the contracting officer grant advanced
annual leave in excess of the amount the contractor can accrue in a twelve (12)-month
period or over the life of the contract, whichever is less. At the end of the period of
performance or at termination, the contractor must reimburse USAID for any
outstanding balance of advanced annual leave provided to the contractor under the
contract.

(b) Sick Leave. The contractor may use sick leave on the same basis and for the
same purposes as USAID direct-hire employees. The contractor will accrue sick leave at a
rate not to exceed four (4) hours every two (2) weeks for a maximum of thirteen (13)
work-days per year based on a full-time, 40-hour workweek, and the rate of accrual will
be prorated if the contract provides for a shorter workweek. The contractor may carry
over unused sick leave from year to year under the same contract, and to a new
follow-on contract for the same work at the same place of performance. The contractor
is not authorized to carry over sick leave to a new contract for a different position or at a
different location. The contractor will not be compensated for unused sick leave at the
completion of this contract.

(c) Home Leave. (1) The contractor may be granted home leave to be taken only
in the U.S., its commonwealth, possessions, or territories, in one continuous period,
under the following conditions:

(i) The contractor must complete twenty-four (24) continuous months of service
abroad under this contract, and must not have taken more than thirty (30) workdays
leave (annual, sick, or LWOP) in the U.S., its commonwealths, possessions, or territories.
The required service abroad will include the actual days in orientation in the U.S.
(excluding any language training), travel time by the most direct route, and actual days
abroad beginning on the date of arrival in the cooperating country. Any annual and sick
leave taken abroad, excluding leave without pay (LWOP), will count toward the period of
service abroad. Any days of annual and sick leave taken in the U.S., its commonwealths,
possessions, or territories will not be counted toward the required twenty-four (24)
months of service abroad.

(ii) The contractor must agree to return immediately after completing home
leave to continue performance for an additional—

(A) Two (2) years, or

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(B) Not less than one (1) year, if approved in writing by the Mission Director before the
contractor departs on home leave.

(iii) If the contractor agrees to meet the conditions in paragraph (c)(1)(ii) of this clause
above by returning to the same USAID Mission under this contract or a new contract, the
contractor may be granted thirty (30) workdays of home leave.

(iv) If the contractor agrees to meet the continued performance conditions of paragraph
(c)(1)(ii) of this clause and will be relocating to a different USAID Mission under a new USAID
personal services contract immediately following the completion of home leave, the contractor
may be granted twenty (20) workdays of home leave. USAID will provide the contractor these
twenty days of home leave under this contract, not under the new contract.

(v) If home leave eligibility is based on paragraph (c)(1)(iv) of this clause, prior to
departure on home leave, the contractor must submit to the contracting officer at the current
Mission, a copy of the new contract with a special award condition in the contract Schedule
indicating the contractor's obligation to fulfill the commitment for continued performance in
accordance with paragraph (c)(1)(ii) of this clause.

(2) Notwithstanding the requirements in paragraph (c)(1) of this clause, the contractor
may be granted advanced home leave subject to all of the following conditions:

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

(ii) The contractor has served at least eighteen (18) months abroad, as defined in
paragraph (c)(4) of this clause, at the same USAID Mission under this contract, and has not
taken more than 30 work days leave (annual, sick or LWOP) in the U.S.; and

(iii) The contractor agrees to return immediately to the same Mission to complete the
time remaining to meet the twenty-four (24) month period of service required for home leave,
which begins after the contractor returns from home leave, plus an additional—

(A) Two (2) years, or

(B) Not less than one (1) year, if approved by the Mission Director, under the current
contract, or under a new contract for the same or similar services at the same Mission, before
the contractor departs on home leave.

(3)(i) Home leave must be taken only in the U.S., its commonwealths, possessions, or
territories. Any days spent in any other location will be charged to annual leave, or if the
contractor does not have accrued annual leave to cover these days, the contractor will be
placed on LWOP.

(ii) Travel time by the most direct route is authorized in addition to the home leave
authorized under this “Leave and Holidays” clause. Salary during travel to and from the U.S. for
home leave will be limited to the time required for travel by the most direct and expeditious

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route. Additional home leave travel requirements are included in the “Travel and Transportation
Expenses” clause of this contract.

(iii) Except for reasons beyond the contractor's control as determined by the contracting
officer, the contractor must return abroad immediately after home leave to fulfill the additional
required continued performance of services for any home leave provided under this contract, or
else the contractor must reimburse USAID for the salary and benefits costs of home leave, travel
and transportation, and any other payments related to home leave.

(iv) Unused home leave is not reimbursable under this contract.

(4) The contracting officer may authorize the contractor to spend no more than five (5)
days in work status for consultation at USAID/Washington while on home leave in the U.S.,
before returning abroad. Consultation in excess of five (5) days or at locations other than
USAID/Washington must be approved in advance by the Mission Director or the contracting
officer.

(d) Home Leave for Qualifying Posts. (1) If the contractor ordinarily qualifies for
home leave and has completed a 12-month period at one of the USAID qualifying
Missions, as announced by the Department of State or USAID, the contractor is entitled
to ten (10) workdays of home leave in addition to the home leave the contractor is
normally entitled to in accordance with paragraph (c) of this “Leave and Holidays”
clause.

(2) There is no requirement that an eligible contractor take this additional home
leave for qualifying Missions; it is for use at the contractor's option. If the contractor is
eligible and elects to take such home leave, the contractor must take all ten (10)
workdays at one time in the U.S. under the conditions described in paragraphs (c)(3) and
(c)(4) of this clause. If the contractor is returning to the U.S. and not returning abroad to
the same or different USAID Mission, the contractor is not eligible for home leave for
qualifying Missions, and this paragraph (d) will not apply.

(e) Holidays and Administrative Leave. The contractor is entitled to all holidays
and administrative leave granted by USAID to U.S. direct-hire employees as announced
by the Agency or Mission.

(f) Military Leave. Military leave of not more than fifteen (15) calendar days in
any calendar year may be granted to a contractor who is a reservist of the U.S. Armed
Forces, provided that the military leave has been approved, in advance, by the
contracting officer or the Mission Director. A copy of the contractor’s official orders and
the contracting officer or Mission Director approval will be part of the contract file.

(g) Leave Without Pay (LWOP). The contractor may be granted LWOP only with
the written approval of the contracting officer or Mission Director, unless a such leave is
requested for family and medical leave purposes under paragraph (i) of this clause.

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(h) Compensatory Time. USAID may grant compensatory time off only with the
written approval of the contracting officer or Mission Director in rare instances when it
has been determined absolutely essential and consistent with the policies that apply to
USAID U.S.-direct hire employees. The contractor may use earned compensatory time off
in accordance with policies that apply to USAID direct-hire employees.

(i) Family and Medical Leave.

(1) USAID provides family and medical leave for eligible USPSCs working within the U.S., or
any territories or possession of the U.S., in accordance with Title I of the Family and Medical
Leave Act of 1993, as amended (FMLA), and as administered by the Department of Labor
under 29 CFR 825. USAID also provides family and medical leave to eligible USPSCs working
outside the U.S., or any territories or possession of the U.S., in accordance with this
paragraph (i) outside the provisions of Title I of the FMLA as a matter of policy discretion.

(2) Family and medical leave only applies to USPSCs, not any other type of PSC.

(3) In accordance with 29 CFR 825.110, to be eligible for family and medical leave, the
contractor must have--
(i) Been employed or under contract for at least twelve (12) months with
a U.S. federal agency as a direct-hire or a personal services contractor; and
(ii) Performed at least 1,250 hours of service with a U.S. federal agency as
a direct hire or a personal services contractor during the previous 12-month
period immediately preceding the commencement of family and medical leave.

(4) In accordance with 29 CFR 825.200(a), and USAID's internal policies available in
Automated Directive System Chapter 309 (ADS 309), an eligible contractor may take up to
twelve (12) workweeks of leave under FMLA, Title I, in any 12-month period for the reasons
specified in 29 CFR 825.112.

(5) In accordance with 29 CFR part 825.207, the contractor may take LWOP for family and
medical leave purposes. However, the contractor may choose to substitute LWOP with
accrued annual or sick leave earned under the terms of this contract. If the contractor does
not choose to substitute accrued paid leave, the contracting officer, in consultation with the
contractor's supervisor, may require the contractor to substitute accrued paid leave for
LWOP. The contracting officer must obtain the required certifications for approval of family
medical leave in accordance with USAID policy. The contractor must notify the contractor's
Supervisor of the intent to substitute paid leave for LWOP prior to the date such paid leave
commences. After having invoked the entitlement to family and medical leave and taking
LWOP for that purpose, the contractor cannot retroactively substitute paid leave for the
LWOP already taken under family and medical leave.

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

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(7) When requesting family medical leave, the contractor must submit the relevant leave
request in writing, including certifications and other supporting documents required by 29
CFR 825 and USAID policy in ADS 309.

(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) Paid Parental Leave.

(1) If the contractor is eligible for family and medical leave in accordance with
paragraph (i) “Family and Medical Leave” of this clause, then instead of family
and medical leave, the contractor may be authorized to take paid parental leave
as specified in this paragraph, similar to that provided to USAID direct-hire
employees. When authorized to do so by the contracting officer, the contractor
may elect to substitute paid parental leave for up to twelve (12) workweeks of
family and medical leave, as specified in paragraph (i) of this clause. The
contractor may take such paid parental leave after the occurrence of the birth or
placement of a child which results in the contractor assuming and continuing a
parental role with respect to the newly born or placed child in accordance with
the requirements of this paragraph (j).
(2) Paid parental leave may be taken intermittently or on a reduced leave
schedule, subject to the mutual agreement of the contractor and their
supervisor. Paid parental leave must be used no later than the end of the
12-month period beginning on the date of the birth or placement involved. At
the end of that 12-month period, any unused balance of paid parental leave
expires and is not available for future use. No payment will be made for unused
or expired paid parental leave. Paid parental leave is not annual leave, and thus
will not be included in any lump-sum payment for annual leave following
completion or termination of the contract.
(3) To establish eligibility for paid parental leave, the contracting officer
may require the contractor to provide documentation of entitlement and a
signed certification. Appropriate documentation of entitlement is to show that
the contractor’s use of paid parental leave is directly connected with a birth or
placement that has occurred, such as a birth certificate or a document from an
adoption or foster care agency regarding the placement. By the signed
certification, the contractor is attesting that the paid parental leave is being taken
by the contractor in connection with the documented birth or placement, and
that the contractor has a continuing parental role with respect to the newly born
or placed child.
(4) (i) The contractor may not use any paid parental leave unless the
contractor agrees in writing, before commencement of the leave, to return
immediately after completing paid parental leave to continue performance under

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this contract for at least 12 workweeks. This 12-workweek period of performance

obligation begins on the contractor’s first scheduled workday after the contractor
concludes taking such leave, whether taken consecutively or intermittently,
regardless of the amount of leave taken. The period of performance obligation by
the contractor is fixed at 12 workweeks regardless of the amount of leave used by
the contractor. Due to this 12-workweek mandatory period of performance
obligation, the contracting officer will not authorize paid parental leave for use by
the contractor within the last 12 workweeks before the contract end date,
including option periods if any, regardless whether exercised. Within the last 24
workweeks of the contract, because of the mandatory 12-week period of
obligation, the contracting officer will only authorize paid parental leave for any
time remaining before the contract end date beyond the 12-week mandatory
period of performance. Any paid parental leave taken by the contractor as well as
the 12-week period of performance obligation must be completed by the
contract end date, including any option periods, regardless of whether exercised.
(ii) If the contractor is eligible for paid parental leave, but is physically
or mentally incapable of entering into the period of performance obligation
agreement before the period of leave, such leave may be temporarily
authorized, or retroactively invoked upon return to duty, subject to a
determination that, in the Agency’s judgment, the contractor was incapable of
entering into such agreement in accordance with the requirements of this
paragraph (4) at the time of the commencement of the leave entitlement.
(5) (i) If, during the period of paid parental leave or of the required
12-workweek period of performance obligation, the contractor learns, or
decides, they will not be able or willing to complete the period of performance
obligation, the contractor must notify their supervisor and contracting officer of
the situation as soon as possible. After receiving such notice, the contracting
officer will coordinate with the supervisor to determine whether reimbursement
is required in accordance with this paragraph (5).
(ii) If the contractor fails to return to work for the required 12-week
obligation, the Agency will require reimbursement from the contractor of
an amount equal to the total amount of the Government contributions
paid by the Agency to or on behalf of the contractor to maintain the
contractor’s health insurance coverage during the period of paid parental
leave.
(iii) The contracting officer may waive the reimbursement requirement
of this paragraph (5) if the contractor is unable to fulfill the required
12-workweek obligation for any of the following reasons:
(A) In the Agency’s judgment, the contractor is unable to return to
work because of the continuation, recurrence, or onset of a serious health
condition (including mental health) of the contractor or the newly born or
placed child—but only if the condition is related to the applicable birth or
placement; or

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(B) In the Agency’ judgment, the contractor is unable to return to

work due to circumstances beyond the contractor’s control that precludes
performance under the contract; or
(C) The contracting officer terminates the contract for convenience
in accordance with the clause entitled “Termination”, or does not exercise
any option period.

(k) Leave Records. The contractor must maintain their current leave records and make them
available as requested by the Mission Director or the contracting Officer.

[End of Clause]

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APPENDIX 3

52.222-50 Combating Trafficking in Persons (Nov 2021)

(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 —
(1) Means any item of supply (including construction material) that is—
(i) A commercial product (as defined in paragraph (1) of the definition of
“commercial product” at Federal Acquisition Regulation (FAR) 2.101;
(ii)Sold in substantial quantities in the commercial marketplace; and
(iii)Offered to the Government, under a contract or subcontract at any tier, without
modification, in the same form in which it is sold in the commercial marketplace; and
(2)Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural
products and petroleum products.
Debt bondage means the status or condition of a debtor arising from a pledge by the
debtor of his or her personal services or of those of a person under his or her control as a
security for debt, if the value of those services as reasonably assessed is not applied toward the
liquidation of the debt or the length and nature of those services are not respectively limited
and defined.
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.

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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.
(1) Recruitment fees include, but are not limited to, the following fees (when they are
associated with the recruiting process) for-
(i) Soliciting, identifying, considering, interviewing, referring, retaining, transferring,
selecting, training, providing orientation to, skills testing, recommending, or placing employees
or potential employees;
(ii) Advertising
(iii) Obtaining permanent or temporary labor certification, including any associated
fees;
(iv) Processing applications and petitions;
(v) Acquiring visas, including any associated fees;
(vi) Acquiring photographs and identity or immigration documents, such as
passports, including any associated fees;
(vii) Accessing the job opportunity, including required medical examinations and
immunizations; background, reference, and security clearance checks and examinations; and
additional certifications;
(viii) An employer's recruiters, agents or attorneys, or other notary or legal fees;
(ix) Language interpretation or translation, arranging for or accompanying on travel,
or providing other advice to employees or potential employees;
(x) Government-mandated fees, such as border crossing fees, levies, or worker
welfare funds;
(xi) 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;
(xii) Security deposits, bonds, and insurance; and
(xiii) Equipment charges.
(2) 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

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(G) Subcontractors at all tiers.

Severe forms of trafficking in persons means-
(1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion,
or in which the person induced to perform such act has not attained 18 years of age; or
(2) The recruitment, harboring, transportation, provision, or obtaining of a person for
labor or services, through the use of force, fraud, or coercion for the purpose of subjection to
involuntary servitude, peonage, debt bondage, or slavery.
"Sex trafficking" means the recruitment, harboring, transportation, provision, or obtaining
of a person for the purpose of a commercial sex act.
Subcontract means any contract entered into by a subcontractor to furnish supplies or
services for performance of a prime contract or a subcontract.
Subcontractor means any supplier, distributor, vendor, or firm that furnishes supplies or
services to or for a prime contractor or another subcontractor.
United States means the 50 States, the District of Columbia, and outlying areas.
(b) Policy. The United States Government has adopted a policy prohibiting trafficking in
persons including the trafficking-related activities of this clause. Contractors, contractor
employees, and their agents shall not-
(1) Engage in severe forms of trafficking in persons during the period of performance of
the contract;
(2) Procure commercial sex acts during the period of performance of the contract;
(3) Use forced labor in the performance of the contract;
(4) Destroy, conceal, confiscate, or otherwise deny access by an employee to the
employee’s identity or immigration documents, such as passports or drivers' licenses, regardless
of issuing authority;
(5)
(i) Use misleading or fraudulent practices during the recruitment of employees or offering of
employment, such as failing to disclose, in a format and language 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;
(6) Charge employees or potential employees recruitment fees;
(7)
(i) Fail to provide return transportation or pay for the cost of return transportation upon the
end of employment-
(A) For an employee who is not a national of the country in which the work is
taking place and who was brought into that country for the purpose of working on a U.S.
Government contract or subcontract (for portions of contracts performed outside the United
States); or
(B) For an employee who is not a United States national and who was brought
into the United States for the purpose of working on a U.S. Government contract or

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subcontract, if the payment of such costs is required under existing temporary worker programs
or pursuant to a written agreement with the employee (for portions of contracts performed
inside the United States); except that-
(ii) The requirements of paragraphs (b)(7)(i) of this clause shall not apply to an
employee who is-
(A) Legally permitted to remain in the country of employment and who chooses
to do so; or
(B) Exempted by an authorized official of the contracting agency from the
requirement to provide return transportation or pay for the cost of return transportation;
(iii) The requirements of paragraph (b)(7)(i) of this clause are modified for a victim of
trafficking in persons who is seeking victim services or legal redress in the country of
employment, or for a witness in an enforcement action related to trafficking in persons. The
contractor shall provide the return transportation or pay the cost of return transportation in a
way that does not obstruct the victim services, legal redress, or witness activity. For example,
the contractor shall not only offer return transportation to a witness at a time when the witness
is still needed to testify. This paragraph does not apply when the exemptions at paragraph
(b)(7)(ii) of this clause apply.
(8) Provide or arrange housing that fails to meet the host country housing and safety
standards; or
(9) If required by law or contract, fail to provide an employment contract, recruitment
agreement, or other required work document in writing. Such written work document shall be
in a language the employee understands. If the employee must relocate to perform the work,
the work document shall be provided to the employee at least five days prior to the employee
relocating. The employee’s work document shall include, but is not limited to, details about
work description, wages, prohibition on charging recruitment fees, work location(s), living
accommodations and associated costs, time off, roundtrip transportation arrangements,
grievance process, and the content of applicable laws and regulations that prohibit trafficking in
persons.
(c) Contractor requirements. The Contractor shall-
(1) Notify its employees and agents of-
(i) The United States Government's policy prohibiting trafficking in persons,
described in paragraph (b) of this clause; and
(ii) The actions that will be taken against employees or agents for violations of this
policy. Such actions for employees may include, but are not limited to, removal from the
contract, reduction in benefits, or termination of employment; and
(2) Take appropriate action, up to and including termination, against employees,
agents, or subcontractors that violate the policy in paragraph (b) of this clause.
(d) Notification.
(1) The Contractor shall inform the Contracting Officer and the agency Inspector General
immediately of-
(i) Any credible information it receives from any source (including host country law
enforcement) that alleges a Contractor employee, subcontractor, subcontractor employee, or
their agent has engaged in conduct that violates the policy in paragraph (b) of this clause (see
also 18 U.S.C. 1351, Fraud in Foreign Labor Contracting, and 52.203-13(b)(3)(i)(A), if that clause

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is included in the solicitation or contract, which requires disclosure to the agency Office of the
Inspector General when the Contractor has credible evidence of fraud); and
(ii) Any actions taken against a Contractor employee, subcontractor, subcontractor
employee, or their agent pursuant to this clause.
(2) If the allegation may be associated with more than one contract, the Contractor
shall inform the contracting officer for the contract with the highest dollar value.
(e) Remedies. In addition to other remedies available to the Government, the Contractor’s
failure to comply with the requirements of paragraphs (c), (d), (g), (h), or (i) of this clause may
result in-
(1) Requiring the Contractor to remove a Contractor employee or employees from the
performance of the contract;
(2) Requiring the Contractor to terminate a subcontract;
(3) Suspension of contract payments until the Contractor has taken appropriate
remedial action;
(4) Loss of award fee, consistent with the award fee plan, for the performance period in
which the Government determined Contractor non-compliance;
(5) Declining to exercise available options under the contract;
(6) Termination of the contract for default or cause, in accordance with the termination
clause of this contract; or
(7) Suspension or debarment.
(f) Mitigating and aggravating factors. When determining remedies, the Contracting
Officer may consider the following:
(1) Mitigating factors. The Contractor had a Trafficking in Persons compliance plan or
an awareness program at the time of the violation, was in compliance with the plan, and has
taken appropriate remedial actions for the violation, that may include reparation to victims for
such violations.
(2) Aggravating factors. The Contractor failed to abate an alleged violation or enforce
the requirements of a compliance plan, when directed by the Contracting Officer to do so.
(g) Full cooperation.

(1) The Contractor shall, at a minimum-

(i) Disclose to the agency Inspector General information sufficient to identify the
nature and extent of an offense and the individuals responsible for the conduct;
(ii) Provide timely and complete responses to Government auditors' and
investigators' requests for documents;
(iii) Cooperate fully in providing reasonable access to its facilities and staff (both
inside and outside the U.S.) to allow contracting agencies and other responsible Federal
agencies to conduct audits, investigations, or other actions to ascertain compliance with the
Trafficking Victims Protection Act of 2000 (22 U.S.C. chapter 78), E.O. 13627, or any other
applicable law or regulation establishing restrictions on trafficking in persons, the procurement
of commercial sex acts, or the use of forced labor; and
(iv) Protect all employees suspected of being victims of or witnesses to prohibited
activities, prior to returning to the country from which the employee was recruited, and shall

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not prevent or hinder the ability of these employees from cooperating fully with Government
authorities.
(2) The requirement for full cooperation does not foreclose any Contractor rights
arising in law, the FAR, or the terms of the contract. It does not-
(i) Require the Contractor to waive its attorney-client privilege or the protections
afforded by the attorney work product doctrine;
(ii) Require any officer, director, owner, employee, or agent of the Contractor,
including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment
rights; or
(iii) Restrict the Contractor from-
(A) Conducting an internal investigation; or
(B) Defending a proceeding or dispute arising under the contract or related to a
potential or disclosed violation.
(h) Compliance plan.

(1) This paragraph (h) applies to any portion of the contract that-
(i) Is for supplies, other than commercially available off-the-shelf items, acquired
outside the United States, or services to be performed outside the United States; and
(ii) Has an estimated value that exceeds $550,000.
(2) The Contractor shall maintain a compliance plan during the performance of the
contract that is appropriate-
(i) To the size and complexity of the contract; and
(ii) To the nature and scope of the activities to be performed for the Government,
including the number of non-United States citizens expected to be employed and the risk that
the contract or subcontract will involve services or supplies susceptible to trafficking in persons.
(3) Minimum requirements. The compliance plan must include, at a minimum, the
following:
(i) An awareness program to inform contractor employees about the Government’s
policy prohibiting trafficking-related activities described in paragraph (b) of this clause, the
activities prohibited, and the actions that will be taken against the employee for violations.
Additional information about Trafficking in Persons and examples of awareness programs can be
found at the website for the Department of State’s Office to Monitor and Combat Trafficking in
Persons at [Link]
(ii) A process for employees to report, without fear of retaliation, activity
inconsistent with the policy prohibiting trafficking in persons, including a means to make
available to all employees the hotline phone number of the Global Human Trafficking Hotline at
1-844-888-FREE and its email address at help@[Link].
(iii) A recruitment and wage plan that only permits the use of recruitment
companies with trained employees, prohibits charging recruitment fees to the employees or
potential employees and ensures that wages meet applicable host-country legal requirements
or explains any variance.
(iv) A housing plan, if the Contractor or subcontractor intends to provide or arrange
housing, that ensures that the housing meets host-country housing and safety standards.

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(v) Procedures to prevent agents and subcontractors at any tier and at any dollar
value from engaging in trafficking in persons (including activities in paragraph (b) of this clause)
and to monitor, detect, and terminate any agents, subcontracts, or subcontractor employees
that have engaged in such activities.
(4) Posting.

(i) The Contractor shall post the relevant contents of the compliance plan, no later than the
initiation of contract performance, at the workplace (unless the work is to be performed in the
field or not in a fixed location) and on the Contractor's Web site (if one is maintained). If posting
at the workplace or on the Web site is impracticable, the Contractor shall provide the relevant
contents of the compliance plan to each worker in writing.
(ii) The Contractor shall provide the compliance plan to the Contracting Officer upon
request.
(5) Certification. Annually after receiving an award, the Contractor shall submit a
certification to the Contracting Officer that-
(i) It has implemented a compliance plan to prevent any prohibited activities
identified at paragraph (b) of this clause and to monitor, detect, and terminate any agent,
subcontract or subcontractor employee engaging in prohibited activities; and
(ii) After having conducted due diligence, either-
(A) To the best of the Contractor's knowledge and belief, neither it nor any of its
agents, subcontractors, or their agents is engaged in any such activities; or
(B) If abuses relating to any of the prohibited activities identified in paragraph (b)
of this clause have been found, the Contractor or subcontractor has taken the appropriate
remedial and referral actions.
(i) Subcontracts.

(1) The Contractor shall include the substance of this clause, including this paragraph (i), in all
subcontracts and in all contracts with agents. The requirements in paragraph (h) of this clause
apply only to any portion of the subcontract that-
(i) Is for supplies, other than commercially available off-the-shelf items, acquired
outside the United States, or services to be performed outside the United States; and
(ii) Has an estimated value that exceeds $550,000.
(2) If any subcontractor is required by this clause to submit a certification, the
Contractor shall require submission prior to the award of the subcontract and annually
thereafter. The certification shall cover the items in paragraph (h)(5) of this clause.

[End of Clause]

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APPENDIX 4

FAR 52.204-27 Prohibition on a ByteDance Covered Application (June 2023)

(a) Definitions. As used in this clause—

Covered application means the social networking service TikTok or any successor application or
service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the
automatic acquisition, storage, analysis, evaluation, manipulation, management, movement,
control, display, switching, interchange, transmission, or reception of data or information by the
executive agency, if the equipment is used by the executive agency directly or is used by a
contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of
a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and
storage devices necessary for security and surveillance), peripheral equipment designed to be
controlled by the central processing unit of a computer, software, firmware and similar
procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal
contract.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L.
117-328), the No TikTok on Government Devices Act, and its implementing guidance under
Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023,
“No TikTok on Government Devices” Implementation Guidance, collectively prohibit the
presence or use of a covered application on executive agency information technology, including
certain equipment used by Federal contractors. The Contractor is prohibited from having or
using a covered application on any information technology owned or managed by the
Government, or on any information technology used or provided by the Contractor under this
contract, including equipment provided by the Contractor’s employees; however, this
prohibition does not apply if the Contracting Officer provides written notification to the
Contractor that an exception has been granted in accordance with OMB Memorandum
M-23-13.

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(c) Subcontracts. The Contractor shall insert the substance of this clause, including this
paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial
products or commercial services.

[End of clause]

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