SOLICITATION NOTICE
R -- Laboratory Services Advisor
- Notice Date
- 12/31/2008
- Notice Type
- Modification/Amendment
- NAICS
- 923120
— Administration of Public Health Programs
- Contracting Office
- Department of Health and Human Services, Centers for Disease Control and Prevention, Procurement and Grants Office (Atlanta), 2920 Brandywine Road, Room 3000, Atlanta, Georgia, 30341-4146
- ZIP Code
- 30341-4146
- Solicitation Number
- 2009-Q-11069
- Archive Date
- 2/4/2009
- Point of Contact
- Sam Jamison,, Phone: 7704884787, Carlos M Smiley,, Phone: 7704882754
- E-Mail Address
-
esw2@cdc.gov, anx3@cdc.gov
- Small Business Set-Aside
- N/A
- Description
- The entire solicitation is replaced as follows: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation: proposals are being requested and a written solcitation will not be issued. The solicitation number is 2009-Q-11069 and this is a request for quote. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-28. Interested parties should see Section E for application instructions. A. The position solicited is a Laboratory Services Advisor to serve in Lesotho. B.1 Period of Performance The period of performance shall consist of one base period plus option periods for a total of 60 months. A single period cannot exceed 12 months. The total of the base period and all option periods cannot exceed 60 months. The estimated start date is April 16, 2009. The actual period of performance will be identified at time of contract award, after the clearance process has concluded. The performance period start date will also be the Effective Date specified in Block 7 of the payroll form, JF-62, signed by the CDC Contracting Officer and the CDC Personnel/Administrative Officer. The Effective Date will be coordinated in advance with the Contract Awardee and the funding program office before the JF-62 or the contract is signed. It is anticipated that the performance period will begin within 90 days of the completion of the clearance process. B.2 Compensation and Reimbursement a. The Contractor shall be reimbursed on a bi-weekly basis for a period of 12 months. Reimbursement shall be based on a 40-hour work week to include leave and holidays. The salary range is $67,260 to $107,180 per year, dependent upon individual salary history, work experience, and education background. b. The Contractor is responsible for obtaining health and life insurance. Non-U.S. citizens must obtain Medical Evacuation Insurance. See Section C: C.2.e. and C.3. i.(2) for additional information. c. The contract shall be a Personal Services Contract (PSC) under the authority of 42 USC 242l(b)(8). d. Post Cost of Living Allowance, Post Differential, and Danger Pay rates, if any, as provided for in this contract may fluctuate. By signing the contract, the Personal Service Contractor agrees to be compensated based upon the then-current rates of these overseas allowances and differential for all U.S. Government civilian employees assigned to your location of assignment, as approved by the U.S. Department of State's Office of Allowances. These overseas allowances and differential may increase, decrease, or even be eliminated altogether during the life of the contract SECTION C - CONTRACT CLAUSES C.1 Description/Work Statement Purpose: This position is located in CDC/NCHSTP/GAP with a duty station in Maseru Lesotho. Job holder in this position independently provides support services to satisfy the overall operational objectives of the President's Emergency Plan for AIDS Relief (PEPFAR) that are implemented by the Centers for Disease Control and Prevention (CDC), Global AIDS Program (GAP) in Lesotho by serving as the primary technical expert and point-of-contact for all USG activities to improve the capacity for training and education, information systems, standards and quality assurance, and strengthening the laboratory infrastructure, blood transfusion network, and infant diagnosis program in Lesotho. Incumbent provides guidance on scientific, policy and practices associated with the laboratory infrastructure, blood safety, and infant diagnosis programs. This includes the development, modification, and/or adaptation of appropriate technical strategies and tailored approaches for improving laboratory infrastructure, blood safety, and infant diagnosis activities. Incumbent makes recommendations to USG and Ministry of Health and Social Welfare (MOHSW) counterparts on approaches to enhancing and improving these technical services and activities in Lesotho. In collaboration with various stakeholders, the Laboratory Services Advisor is responsible for establishing program priorities for the USG team in Lesotho. S/he has responsibility for organizing strategic planning exercises, coordinating the implementation of laboratory infrastructure, blood safety, and infant diagnosis programs, and ensuring that USG strategy for these service delivery components are in line with national policies. Incumbent works to achieve consensus among stakeholders on plans, approaches, and respective roles for USG, MOHSW, and other collaborating partners. Incumbent plays a major role in updating laboratory and blood safety guidelines, training materials, and in organizing the training of laboratory personnel and health care providers to improve the quality of HIV laboratory and blood testing services. Incumbent ensures that appropriate supervision and quality assurance measures are in place for both HIV laboratory and blood testing services. The Advisor plays an essential role in developing the Country Operational Plans (COP), annual work plans, and regular progress reports for CDC GAP, OGAC, and other collaborating partners. Major Duties of the Position: Technical Leadership, Communication, and Advocacy: 40% Serves as a senior member of the CDC GAP management team, and has primary responsibility for directing the development, implementation, monitoring and evaluation of all laboratory, blood safety, and infant diagnosis program activities and objectives. Advises the CDC Country Director, and ensures that priorities, goals and objectives are established and followed, consistent with the mission, policies and standards of CDC and the host country. Serves as the primary technical expert and point of contact for all HIV/AIDS laboratory enhancement, blood safety, and infant diagnosis activities within the Lesotho USG team (includes the interagency Emergency Plan group, USG treatment working group, Emergency Plan-funded implementing partners, and the MOHSW), providing technical leadership, guidance, assistance and support to the Lesotho MOHSW and other collaborating organizations for the planning, coordination and implementation of HIV/AIDS laboratory, blood safety, and infant diagnosis enhancement activities. Provides assistance in developing training programs, recommends training, and assists in identifying and arranging USG Lesotho and CDC-GAP training activities for HIV/AIDS blood safety, infant diagnosis and laboratory support personnel in Lesotho. Assists in ensuring that appropriate quality assurance standards for blood safety, infant diagnosis and laboratory support for counseling and testing programs and other essential HIV services are developed and implemented at the national and zonal reference laboratories and blood transfusion centers. Reviews HIV/AIDS blood safety, laboratory quality assurance, and record keeping procedures, and testing algorithms for conformance to recommended standards. Analyzes HIV/AIDS laboratory services and blood safety procedures to assess needed enhancements, internal and external quality assurance procedures, and testing algorithms, at national and zonal reference laboratories and blood transfusion centers. Manages the collaborative program design, implementation, and monitoring and evaluation of laboratory, blood safety, and infant diagnosis activities in Lesotho. Develops and maintains open communication with CDC Atlanta, MOHSW, Embassy, RPSO, USAID, and other collaborating partners to assure overall coordination of CDC Lesotho laboratory, blood safety, and infant diagnosis activities to assure cooperation in attaining program objectives. Maintains liaison with host government, international and non-governmental organizations to assure cooperation and coordination of laboratory services activities with minimal overlap and unnecessary duplication by coordinating Emergency Plan-related laboratory, blood safety, and infant diagnosis support actions of extramural PEPFAR partners and Atlanta program offices to best meet host country needs and priorities. Coordinates partner meetings. Conveys, translates and links CDC Lesotho and PEFAR requirements to implementing partners. Responds to questions and advises implementing partners and technical staff on CDC Lesotho and OGAC guidelines and requirements. Represents CDC Lesotho in seminars and symposia related to laboratory support services and provides expert advice for CDC representatives and national advisory bodies. Negotiates with host government and other implementing partners to support multi-agency projects, and develops and monitors interagency agreements to conduct various laboratory, blood safety, and infant diagnosis projects. Leverages and integrates the strengths and resources of other donors, including other PEPFAR agency partners, into planning laboratory, blood safety, and infant diagnosis activities. Coordinates activities with other branches in CDC-GAP to address laboratory, blood safety, and infant diagnosis program goals and objectives, and to support related epidemiological studies. Participates in strategic planning including the development of short- and long-term objectives for CDC Lesotho laboratory, blood safety, and infant diagnosis activities. Plans for related technical visits from CDC Atlanta and implementing partners. Project Review and Analysis: 30% Represents CDC Lesotho at the highest levels, including donor meetings, multicultural teams, partner agencies, and meetings of technical strategy and policy groups and provides technical assistance and advice on laboratory, blood safety, and infant diagnosis activities based on the latest relevant epidemiologic and scientific knowledge, translated into program guidelines and practices. Serves as a project officer for specific laboratory, blood safety, and infant diagnosis-related cooperative agreements and reviews, analyzes and evaluates all related project proposals, grant applications, and programmatic funding requests for conformance with program guidelines, grant regulations, budget ceilings, and OGAC/CDC-related policies. Meets with implementing partners, evaluates performance, discuses program modification, re-programming of funds due to non-expenditure or changing needs. Makes award and funding recommendations to the CDC-GAP Country Director. Reviews the objectives of budget proposals to determine if these are appropriate and realistic. Reviews related award requests (project documents) received from implementing partners for conformance to programmatic approvals and technical recommendations by CDC (GAP and PGO), and assures the accuracy of obligations. Periodically reviews project(s) activities implemented under cooperative agreements with MOHSW and other collaborating partners' staff to resolve any discrepancies in accomplishing award actions or adjustments, in line with laboratory, blood safety, and infant diagnosis program policies. Participates in an interagency task force team to review and assess all planned strategies by the MOHSW and various collaborating partners to strengthen and improve laboratory, blood safety, and infant diagnosis activities. Incumbent plays a critical role in the Country Operational Planning budget process (e.g., evaluating partner performance to determine budget needs and funding priorities to support technical areas). Reviews current guidelines and makes recommendations about how to strengthen existing laboratory, blood safety, and infant diagnosis programs. Develops and implements an operational research agenda that is consistent with the activities and budget outlined in the Country Operational Plan (COP). Advises the CDC Country Director on other tasks related to the planning, implementation, monitoring, and evaluation of activities in support of HIV/AIDS laboratory, blood safety, and infant diagnosis in Lesotho. Liaises closely with all CDC Lesotho-supported activities to provide analyses and reports as required, including for presentation at national, regional, and international meetings and conferences. Monitoring and Evaluation: 30% Participates in analysis of data and oversees the preparation of technical HIV/AIDS laboratory, blood safety, and infant diagnosis reports for Emergency Plan annual reports and development of the Country Operational Plans (COP). Responds to issues related to laboratory support within the U.S. mission and with implementing partners. Monitors and evaluates HIV/AIDS laboratory, blood safety, and infant diagnosis strengthening activities supported by CDC and other USG agencies in Lesotho, and recommends improvements. Develops and implements the processes and procedures to monitor and evaluate the effectiveness, efficiency and productivity of program activities. Provides oversight for all PEPFAR-supported laboratory, blood safety, and infant diagnosis program management and monitoring. Ensures that all PEPFAR-supported laboratories are managed according to established CDC policies and principles, as well as to sound scientific and fiscal management practices, including appropriate biosafety and quality control (QC) standards. Independently plans, summarizes, and writes up the findings of laboratory assessments and operational research studies (sometimes as co-author), to be used for reports of record, proposals, publications, and for presentations at national and international meetings on HIV/AIDS prevention and care. ----- NOTE: The remainder of Section C and Section D have been moved behind Section E for the solicitation only----- SECTION E - SOLICITATION PROVISIONS Laboratory Services Advisor in Lesotho 1. Area of Consideration United States citizens and residents and third country nationals are eligible for this position. Citizens and permanent residents of the host country are not eligible for this position. 2. Security Clearance: OPM National Agency Check with Inquiries (NACI) 3. How to Respond: 1. Area of Consideration United States citizens, U.S. permanent residents, and third country nationals are eligible for this position. Citizens and permanent residents of the host country are not eligible for this position. 2. Security Clearance: OPM National Agency Check with Inquiries (NACI) 3. How to Respond: Incomplete applications will not be considered for award. All applications must be legible and submitted in the English language. The solicitation number must be included on all documents submitted with the application package, as well as any other correspondence regarding this solicitation. For submission information, see below. A. A complete application shall consist of: 1) a completed Optional Form 612 (Optional Application for Federal Employment) or resume or curriculum vitae that provides the same information required in a OF 612. Form OF 612, Optional Application for Federal Employment, can be located at: http://www.opm.gov/Forms/html/of.asp]. 2) References (see below). 3) Salary documentation current (or highest recent) (see below). 4) completed Benefit Eligibility Form (Section D - Attachment 5). 5) completed Attachment 3 (FAR 52.212-3). (Section D - Attachment 3) B. Knowledge, Skills, and Abilities Applicant's resume must provide the extent of their qualifications: 1) Minimum Qualifications: a) Knowledge: All applicants must possess a thorough knowledge of modern laboratory functions related to HIV/AIDS, blood safety and infant diagnosis activities. Must be current with the broad and rapidly evolving fields of knowledge on HIV laboratory techniques through reviews of technical, scientific, and medical peer-reviewed literature as well as information journals and websites produced by respected scientific organizations. Knowledge of laboratory methods related to communicable diseases is required. Must be familiar with the concepts, strategies, principles, policies, and practices of HIV/AIDS prevention programs in general. Must be familiar with the overall goals and objectives of the CDC, the Global AIDS Program, and the President's Emergency Plan for AIDS Relief (PEPFAR). b) Education: Completion of a masters degree in Medicine, Biomedical Research, Laboratory Science, or Biology is required. c) Training: N/A d) Experience: Minimum of five years of progressively responsible experience in the overall management of at least one of the following areas: medical microbiology (e.g., knowledge of methods for the isolation and identification of bacteria, viruses, fungi, parasites) or clinical laboratory science (i.e., knowledge of laboratory methods in hematology, clinical chemistry, coagulation, urinalysis, etc.) is required. At least three years of the following: modern management and leadership practices; quality assurance practices; statistics; laboratory health and safety practices; and, development of research protocols is required. Candidates meeting the minimum educational requirement must have at least 1 year of professional experience in laboratory, blood safety, or other public health program management. e) Language skills: Fluent language skills in English, writing and conversing. f) Other Skills: All candidates must be proficient in the Microsoft Office suite of programs (Word, Excel, Outlook, and PowerPoint). 2. Desired Qualifications a) Knowledge of the Organization: Knowledge of CDC and USG operations and regulations is beneficial, but not required. Knowledge of the laboratory systems, policies, and procedures used in Lesotho is desirable. Familiarity with international and Lesotho national institutions and the health system, civil society, and academia insofar as their activities and attitudes may impact on HIV/AIDS laboratory, blood safety and infant diagnosis activities, is desired. b) Education: Completion of a Ph.D. in Biomedical Research, Laboratory Science, or Biology is desired. C. References: Each applicant shall submit three Professional references other than family members. Two references shall be from a current and previous supervisor. The following information is required: Name, Address, Telephone Number, Title, and Email Address. D. Current (or Highest Recent) Salary Documentation: Each applicant shall submit supporting documentation that reflects their current or highest recent salary. Examples of such supporting documentation are the most recent earning statement, an official letter from current employer signed by the applicant's current supervisor or Human Resources Representative, or the applicant's most recent U.S. Federal tax return (if applicable). Each applicant shall also include a letter indicating the minimum salary in U.S. dollars the applicant would accept for the position. E. Submission of Application: A complete application package (OF 612 or equivalent, references, salary documentation, and Benefits Eligibility Form) must be received at the following location no later than the closing date and time identified above: Centers for Disease Control and Prevention Procurement and Grants Office Mailstop K75, Branch 7 Attn: Sam Jamison, Contract Specialist Solicitation 2009-Q-11053/Position #LT-PSC-02 2920 Brandywine Road Atlanta, GA 30341-5539 Complete application packages may be emailed to the attention of Sam Jamison at esw2@cdc.gov. Facsimile copies will not be accepted. Applications received after the closing date and time will not be accepted. Refer to Federal Acquisition Regulation 15.208 regarding submission of late proposals: ( http://www.acqnet.gov/far/current/html/Subpart%2015_2.html#wp1125227 ). F. Selection Factors: The applicant that represents the best value to the Government will be considered for award. To determine best value, the following factors will be considered: 1. The extent an applicant meets the minimum and desired qualifications based on information obtained through the application package and interviews, if conducted. Note that interviews may or may not be conducted; therefore, the application package should clearly identify how well the applicant meets the minimum and desired qualifications of this position. Interviews, if conducted, may be either in-person or via telephone. 2. Information collected from reference checks. References will only be verified for those applicants determined to have a reasonable chance of being selected for award. 3. Results of a cost assessment. The cost assessment will determine the total cost (salary plus benefits and allowances) of the applicant for the complete term of the contract (base period plus any option years). G. Basis for Award In determining best value, paramount consideration shall be given to technical merit (applicant qualifications and reference checks) rather than to cost. In cases where applicants are determined to be essentially equal, then cost may become the determining factor. SECTION C (continued) - CONTRACT CLAUSES C.2 Clauses a. 52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address (es): http://www.acqnet.gov http://farsite.hill.af.mil/ http://www.hhs.gov/oamp/policies/index.html (End of Clause) b. Table of clauses FAR SOURCE TITLE AND DATE 52.203-5 Covenant Against Contingent Fees (Apr 1984) 52.204-9 Personal Identity Verification of Contractor Personnel (Sep 2007) 52.212-1 Instructions to Offerors - Commercial Items (June 2008) 52.212-4 Contract Terms and Conditions (Oct 2008) 52.223-6 Drug-Free Workplace (May 2001) 52.225-13 Restrictions on Certain Foreign Purchases (June 2008) 52.232-3 Payments Under Personal Services (Apr 1984) 52.242-15 Stop-Work Order (Aug 1989) 52.243-1 Changes - Fixed Price (Aug 1987) 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) HHSAR SOURCE TITLE AND DATE 352.202-1 Definitions (Jan 2006) 352.224-70 Confidentiality of Information (Jan 2006) 352.270-6 Publications and Publicity (Jan 2006) 352.270-7 Paperwork Reduction Act (Jan 2006) For Addenda to FAR Clause 52.212-1 see Section D - Attachment 2 - D.2. For Addenda to FAR Clause 52.212-4 see Section D - Attachment 2 - D.3. c. FAR 52.204-1 Approval of Contract (July 2004) This contract is subject to the written approval of the Contracting Officer and shall not be binding until so approved. (End of Clause) d. FAR 52.217-9 Option to Extend the Term of the Contract (Mar 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days of the expiration of the current period; provided, that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 (months). (End of Clause) e. FAR 52.249-12 Termination (Personal Services) (Apr 1984) The Government may terminate this contract at any time upon at least 15 days' written notice by the Contracting Officer to the Contractor. The Contractor, with the written consent of the Contracting Officer, may terminate this contract upon at least 15 days' written notice to the Contracting Officer. (End of clause) f. HHSAR 352.333-7001 Choice of Law (Overseas). This contract shall be construed and interpreted in accordance with the substantive laws of the United States of America. By the execution of this contract, the contractor expressly agrees to waive any rights to invoke the jurisdiction of local national courts where this contract is performed and agrees to accept the exclusive jurisdiction of the United States Armed Services Board of Contract Appeals and the United States Court of Federal Claims for hearing and determination of any and all disputes that may arise under the Disputes clause of this contract. g. HHSAR 352.270-10 Anti-Lobbying (January 2006) Pursuant to the current HHS annual appropriations act, except for normal and recognized executive-legislative relationships, the Contractor shall not use any HHS contract funds for (i) publicity or propaganda purposes; (ii) the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television or video presentation designed to support or defeat legislation pending before the Congress or any State legislature, except in presentation to the Congress or any State legislature itself; or (iii) payment of salary or expenses of the Contractor, or any agent acting for the Contractor, related to any activity designed to influence legislation or appropriations pending before the Congress or any State legislature. (End of Clause) h. HHSAR 352.270-13 Tobacco-Free Facilities (January 2006) In accordance with Department of Health and Human Services (HHS) policy, the Contractor and its staff are prohibited from using tobacco products of any kind (e.g., cigarettes, cigars, pipes, and smokeless tobacco) while on any HHS property, including use in personal or company vehicles operated by Contractor employees while on an HHS property. This policy also applies to all subcontracts awarded under the contract or order. The term ‘‘HHS properties'' includes all properties owned, controlled and/or leased by HHS when totally occupied by HHS, including all indoor and outdoor areas of such properties. Where HHS only partially occupies such properties, it includes all HHS-occupied interior space. Where HHS leases space in a multi-occupant building or complex, the tobacco-free HHS policy will apply to the maximum area permitted by law and compliance with the provisions of any current lease agreements. The Contractor shall ensure that each of its employees, and any subcontractor staff, is made aware of, understand, and comply with this policy. (End of clause) i. Contracting Officer (Jul 1999) (1) The Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds. No person other than the Contracting Officer can make any changes to the terms, conditions, general provisions, or other stipulations of this contract. (2) No information, other than that which may be contained in an authorized modification to this contract, duly issued by the Contracting Officer, which may be received from any person employed by the United States Government, or otherwise, shall be considered grounds for deviation from any stipulation of this contract. (End of Clause) j. Contract Communications/Correspondence (Jul 1999) The Contractor shall identify all correspondence, reports, and other data pertinent to this contract by imprinting thereon the contract number from Page 1 of the contract. (End of Clause) k. Office Equipment (May 1998) Notwithstanding any other provision of this contract, the Contractor shall not purchase or lease under this contract any items of office equipment, including office furniture or machines. Recovery of the cost of such items shall be allowable only to the extent that is it properly allocable in the indirect cost charged to this contract. (End of Clause) l. Dissemination of Information (May 1998) No information related to data obtained under this contract shall be released or publicized without the prior written consent of the Field Supervisor. (End of Clause) m. Identification of Data (May 1998) The Contractor shall identify the technical data delivered to the Government as required by this contract with the number of the contract and the name and address of the Contractor or subcontractor that generated the data. (End of Clause) n. Review and Comment (May 1998) All materials developed or information of whatever nature resulting from work performed under this contract shall be submitted to the Field Supervisor for review and comment prior to publication or dissemination. (End of Clause) C. 3 Special Requirements a. Inherently Governmental Functions An individual serving under a CDC PSC may not perform "inherently governmental functions," which include: • Committing the U.S. Government (USG) to a specific course of action or performing Services, which involve discretionary exercise of Government authority; • Exercising signatory authority on behalf of the USG; • Directing policy formulation or making policy decisions; • Approving program plans; • Officially representing the CDC (representation); • Controlling USG-owned property; • Acting as a cashier or sub-cashier; or, • Supervising FTE staff. An individual serving under a PSC may: • Provide advice or make recommendations to FTE staff; • Perform services (other then the prohibited services listed above) in support of program activities; • Direct projects or teams (as long as supervision of FTE staff is not involved); and, • Supervise other PSCs, Personal Services Agreement Employees (PSA), grantees or fellows. b. Conformity to Laws and Regulations of the Host Country Contractor agrees that, while in the host country, he/she as well as authorized dependents will abide by all applicable laws and regulations of the host country and political subdivisions thereof. c. Purchase or Sale of Personal Property or Automobiles To the extent permitted by the host country, the purchase, sale, import, or export of personal property or automobiles in the host country by the contractor shall be subject to the same limitations and prohibitions, which apply to U.S.-citizen direct-hire employees who are accorded a similar level of privileges and immunities as Contractor. d. Employee Responsibilities and Conduct The employee must comply with certain U.S. Government laws governing employee conduct, including the Standards of Ethical Conduct for Employees of the Executive Branch in 5 CFR Part 2635, the conflict of interest laws in Chapter 11 of Title 18 of the United States Code, the financial disclosure requirements in 5 CFR Part 2634, the Emoluments Clause of the U.S. Constitution, and 3 FAM 4120 (Employee Responsibilities Abroad). Reference the following links for additional information: Standards of Ethical Conduct for Employees of the Executive Branch in 5 CFR Part 2635: 2002 CFR Title 5, Volume 3 Conflict of Interest laws in Chapter 11 of Title 18 of the United States Code: Title 18 United States Code Financial Disclosure requirements in 5 CFR Part 2634: http://www.access.gpo.gov/nara/cfr/waisidx_05/5cfr2634_05.html The Emoluments Clause of the U.S. Constitution (See Sec. 9, Clause 8): http://www.house.gov/Constitution/Constitution.html 3 FAM 4120 (Employee Responsibilities Abroad): http://www.state.gov/documents/organization/85177.pdf e. Clearances (a) Medical 1) U.S. citizens: PSCs and their dependents are eligible for Health Unit services and medical evacuation coverage (Medevac) at Government expense if the following conditions are met: -- The PSC must have a current Medical clearance or waiver. -- The PSC must maintain health benefits coverage for self and any accompanying family members that is valid in the country of service. -- The PSC's contract stipulates that s/he is eligible for MED services and requires the individual to have health insurance coverage overseas. -- The employing agency is paying for medical services under the International Cooperative Support Services (ICASS) and guarantees funding for the direct charge of local hospitalization and medical evacuation. 2) Non-U.S. citizens: PSCs and their dependents are ineligible for Health Unit services and medical evacuation coverage (Medevac) at Government expense. However, CDC policy mandates that the PSC must meet the following conditions: -- The PSC must have a current Medical clearance or waiver. -- The PSC must have and maintain health benefits coverage for self and any accompanying family members that is valid in the country of service. -- The PSC must have and maintain medical evacuation (medevac) coverage for self and any accompanying family members that is valid in the country of service. The Government will reimburse the cost of medevac insurance premiums. See C.3.i. Insurance (3) Medevac Insurance (b). 3) For all assignments outside of the United States, the contractor and any authorized dependents shall be required to be examined by one or more licensed doctors of medicine acceptable to CDC, and the contractor shall forward a summary of the results of the medical exams as well as copies of the original tests and laboratory reviews to the CDC's Office of Health and Safety (OHS) for adjudication as to whether the requirements of the position and assignment are met. For non-U.S. citizen PSCs, OHS makes these determinations internally but for U.S. citizen PSCs, OHS passes their recommendations on to Department of State's Office of Medical Services (State/MED) for a final determination. The OHS or State/MED decision is furnished to the Contracting Officer prior to the official award of a contract. The Government shall reimburse the contractor for all costs associated with obtaining the aforementioned medical clearance examinations. Note: The official award of a contract is dependent upon the successful completion of the medical clearance. If the medical clearance is not granted and a waiver is not obtained, the contractor may be ineligible for award. (b) Suitability Background Check Based on the required Suitability Background Check, contractor shall have no access to classified or administratively controlled materials. However, failure to obtain the Suitability Background Check required for full performance of all duties described in the position description may deem the offeror ineligible for award or, if already awarded, constitute cause for contract termination. (c) Applies to only U.S. citizens: Security clearance is not required at this time, however, should such clearance become required during the period of performance of the contract, contractor shall be required to obtain security clearance prior to having access to classified information. f. Work Week and Compensation The contractor's workweek shall not be less than 40 hours, unless otherwise provided in the Contract Schedule, and shall coincide with the workweek for those employed by the Mission or the host country agency most closely associated with the work of this contract. If the contract is for less than full time (40 hours weekly), the annual and sick leave earned shall be prorated (see the general provision of this contract entitled Leave and Holidays). The contractor's compensation shall not be adjusted to reflect the pay comparability adjustments, which are granted from time to time to U.S. direct-hire employees by Executive Order for the statutory pay systems. g. Leave and Holidays 1) Annual Leave: (i) The rate of earned annual leave is determined on a case-by-case basis by the Coordinating Office for Global Health (COGH). In making this determination, COGH considers the individual's previous relevant service to the US Government through any of various employment, contractual, or grantee arrangements. However, no annual leave credit shall be earned if the tour of duty is less than 90 calendar days. Former Civil Service and CDC personal contractual service is creditable towards PSC service for annual leave accumulation purposes. Leave is earned at the following accumulation rates per pay period, based on relevant service credited by COGH: 0 to 3 years: 6 hrs. Over 3 years: 8 hrs. (These rates are based on a combination of annual leave and home leave granted to members of the Foreign Service.) (ii) It is understood that annual leave is provided under this contract primarily for the purposes of affording necessary rest and recreation during the tour of duty in the host country and may be used only with the written approval of the CDC Field Supervisor or Contracting Officer. The Contractor in consultation with the CDC Field Supervisor shall develop a leave schedule early in his/her tour of duty taking into consideration project requirements, employee preference and other factors. Unused annual leave will be reimbursed at the end of the period of performance of the resultant contract provided such leave does not exceed the annual carryover limit, currently 360 hours, plus the number of hours earned and unused during the final pay year during performance under this contract. (iii) With the approval of the CDC Field Supervisor, and if the circumstances warrant, a contractor may be authorized advance annual leave in excess of leave earned, but in no case shall a contractor be authorized advance annual leave in excess of that which he/she will earn over the life of the contract. The contractor agrees to reimburse CDC for leave used in excess of the amount earned during the contractor's assignment under the contract. 2) Sick Leave: Sick leave is earned at a rate not to exceed 13 workdays per annum or 4 hours every 2 weeks. Unused sick leave may be carried over under an extension of this contract, but the contractor will not be compensated for unused sick leave at the completion of this contract. Sick leave may be carried over from one post to another whether or not a break in service occurs. 3) Relief Travel The contractor shall be entitled to the reimbursement of air travel to return to the city of recruitment or the last legal residence at the time of the contractor's original recruitment - to be determined by the Government at contract award. Relief travel refers to the reimbursement of air travel only and is earned for service outside the continental United States that allows the contractor to return to the city of last legal residence at the time of the contractor's recruitment, or to any other place the contractor chooses, but reimbursable only up to the cost of round-trip tickets for the contractor and legal dependents at post to the city of recruitment or the last legal residence at the time of the contractor's recruitment - as determined by the Government at contract award. If the contractor wants to go elsewhere, the costs reimbursed will be limited to those costs equal to the contractor's last residence at time of recruitment - as determined by the Government at contract award. The contractor shall be responsible for all additional costs above those costs that would be required for a return trip to the last legal residence at the time of recruitment - as determined by the Government at contract award. If the costs are less than those costs that would be required for a return trip to the last legal residence at the time of original recruitment - as determined by the Government at contract award, then the reimbursable costs would be limited to the total cost of the trip. The contractor and dependents shall be eligible for relief travel when the following conditions are met: i. The period of performance of awarded contract is for a minimum of 12 months. ii. One relief travel reimbursement shall be granted per 12-month contract period served at place of performance as designated in the contract. iii. Contractor must have served a minimum of 4 consecutive months at place of performance as designated in the contract at commencement of Relief Travel. iv. Contractor must serve a minimum of 3 consecutive months at place of performance as designated in the contract upon return from Relief Travel, or the cost of the Relief Travel will be deducted from the contractor's final payment, and any costs not recovered by deduction will be reimburseable to the Government. v. The contractor must be approved in advance in writing for use of sufficient annual leave, leave without pay, or a combination thereof, for Relief Travel. Exceptions to the above conditions shall be coordinated with COGH. Exceptions shall be based on extenuating circumstances only. If the period of performance of resultant contract exceeds 12 months or an option is exercised, and the contractor qualifies for relief travel, each relief travel reimbursement shall be used a minimum of 6 months apart. The contractor shall be reimbursed for any cancellation cost that is incurred which is caused by the Government. 4) Emergency Travel Emergency transportation costs will be reimbursed IAW paragraph 3 Relief Travel above. To be eligible for reimbursement of transportation costs under emergency conditions, one of the following circumstances must exist: (i) Need for medical care beyond that available within the area to which the employee is assigned or serious effect on physical or mental health if residence is continued at assigned post of duty. CDC Field Supervisor or Government Procurement Contracting Officer (PCO) may authorize a medical attendant to accompany the employee at contractor expense if, based on medical opinion, such an attendant is necessary. (ii) Death, or serious illness or injury of a member of the immediate family of the employee as determined by COGH or the immediate family of the employee's spouse. When, for any reason, the CDC Field Supervisor or Government PCO determines it is necessary to evacuate the contractor or contractor's dependents, the contractor will be reimbursed IAW paragraph 3 Relief Travel above. The return of such employees and dependents may also be authorized by the CDC Field Supervisor or Government PCO when, in his/her discretion, he/she determines it is prudent to do so, and based on medical opinion, contractor is fit to return to duty. The CDC Field Supervisor or Government PCO may also authorize the reimbursement of emergency transportation in other situations, when in his/her opinion, the circumstances warrant such action. Such authorization shall include the kind of leave to be used and appropriate restrictions as to time away from post, transportation of personal and household effects, etc. 5) Holidays The contractor, while serving abroad, shall be entitled to all USG holidays and may also be excused from duty on local holidays and other occasions when the U.S. embassy is closed. However, there will be no additional compensation should the PSC be required to work on a local holiday that is not also a U.S. holiday. 6) Leave Without Pay Leave without pay may be granted only with the written approval of the CDC Field Supervisor or Contracting Officer. 7) Compensatory Time and Overtime The accrual and use of Compensatory (Comp) Time may be approved in lieu of overtime pay for irregular or occasional overtime work. A PSC employee whose contract does not provide for overtime pay may be awarded Comp Time for overtime hours worked. One hour of Comp Time off is granted for each hour of overtime work. The accrual and use of Comp Time is subject to written supervisory approval, as with Annual Leave. All Comp Time hours must be recorded on the Time and Attendance Report as they are earned and used. A PSC employee will lose entitlement to Comp Time earned if it is not used by the end of eight pay periods immediately after having been earned (16 weeks beginning the first pay period after the pay period in which the Comp Time was earned), unless the failure was due to an exigency of the service beyond the employee's control. Overtime and Sunday Differential are not authorized under this contract. Should overtime be required during the performance of this contract, the Field Supervisor shall submit a request for contract modification. 8) Passport All passports must be valid for the entire period of performance of the contract. In the event that a passport expires during the period of performance of resulting contract, a copy of the renewed passport shall be submitted to the PCO. h. Social Security, Federal Income Tax and Foreign Earned Income - Applies to only U.S. Citizens and Permanent Resident Aliens of the U.S. subject to U.S. Federal Income and FICA laws. 1) As a Personal Service Contract employee, when applicable, F.I.C.A. contributions and U.S. Federal Income Tax withholding shall be deducted from salary payments in accordance with regulations and rulings of the Social Security Administration and the U.S. Internal Revenue Service, respectively. 2) As a Personal Service Contract employee, the contractor is not eligible for the "foreign earned income" exclusion under the IRS Regulations (see 26 CFR 1.911-3(c)(3)). i. Insurance 1) Worker's Compensation Benefits The contractor shall be provided worker's compensation benefits in accordance with the Federal Employees' Compensation Act. 2) Health and Life Insurance. a) The contractor shall be provided a maximum contribution of up to 75% against the actual costs of the contractor's annual health insurance costs, excluding costs for private medical evacuation (medevac) insurance, if any, provided that such costs may not exceed the maximum U.S. Government contribution for direct-hire personnel under the Federal Employees Health Benefits (FEHB) Program, as announced annually by the Office of Personnel Management. b) The contractor shall be provided a maximum contribution of up to 33 1/3% against the actual costs of annual basic life insurance coverage on the same basis as the U.S. Government contribution for direct-hire personnel under the Federal Group Life Insurance (FEGLI) Program. Basic life insurance coverage is defined as coverage up to an amount equal to the contractor's annual basic salary rounded up to the next even $1,000 plus $2,000. c) Retired U.S. Government employees shall not be paid additional contributions for health or life insurance under their contracts. The Government will normally have already paid its contribution for the retiree unless the employee can prove to the satisfaction of the Contracting Officer that his/her health and life insurance does not provide coverage or specifically excludes coverage overseas. In such cases, the contractor could be eligible for contributions under paragraphs i.2(a) and/or (b) of this provision. d) Proof of health and life insurance coverage shall be submitted to the Contracting Officer before any contribution is paid. On assignments of less than one year, costs for health and life insurance shall be prorated and paid accordingly. e) A contractor who is a spouse of a current or retired Civil Service, Foreign Service, or Military Service member and who is covered by their spouse's Government health and/or life insurance policy is ineligible for the contribution under i. Insurance 1) and/or 2), respectively, of this provision. 3) Medevac Coverage a) U.S. Citizens: U.S. citizens who meet the medical clearance requirements are furnished medical evacuation service at no cost. b) Non U.S. citizens do not qualify for government furnished medical evacuation service at no cost and thus will be responsible for obtaining required medical evacuation (medevac) insurance. CDC shall reimburse 100% of the fair and reasonable cost of medevac insurance maintained by the contractor. CDC does not require that contractor obtain coverage from any one specific company. The contractor is responsible for and has the discretion to choose a provider. For information purposes only: The Department of State maintains a list of U.S. based providers on the following website: http://travel.state.gov/travel/tips/brochures/brochures_1215.html CDC provides no endorsement, expressly or implied, of any emergency medical service provider. Contractors have full discretion to consider providers not provided in this list, but are expected to verify that the coverage they do obtain will adequately cover an evacuation due to a medical situation that arises in the location of contract performance. CDC shall approve a fair and reasonable amount for obtaining the required coverage as a direct cost to the contract. After receipt of an offer letter, the contractor shall furnish evidence of obtaining medevac insurance and its cost, for the employee and all accompanying family members on U.S. Government travel orders, in order for CDC to reimburse the fair and reasonable cost of medevac insurance. j. Performance Review This is a Performance Based Contract with a requirement for an evaluation of contractor performance to be conducted at least once every 12 months. The initial evaluation will take place 6 months after contract award and each subsequent evaluation will be performed annually 12 months from the date of the initial evaluation, and each year thereafter on a recurring 12 month schedule. A final evaluation will be performed at contract completion. The Performance Based Matrix included in this contract as Attachment 1 will serve as the basis for evaluation. A Personal Services Contractor Evaluation Form will be used and will be provided after contract award. Awarding of any contract extension shall be contingent upon receipt of an evaluation reflecting at least a satisfactory (acceptable, passing) level of performance under the contract during the previous 12 months of service. The reviews shall be scheduled and coordinated with the CDC Field Supervisor. The Field Supervisor shall provide the PSC employee with the appropriate performance standards for this position. k. Allowances and Differentials Overseas allowances and differentials similar to those available to U.S. Government employees assigned abroad may be payable under this PSC, subject to eligibility. Actual benefits may vary from one candidate to the next and/or from one country of assignment to the next. A summary of the overseas allowances and differentials available to U.S. Government employees assigned abroad may be found at the following Internet URL: http://aoprals.state.gov/ Specific benefit, allowance, and differential information will be provided in the "Offer of PSC Employment" letter sent to the successful applicant. Additionally, country-specific safety information useful for U.S. Government employees assigned abroad may be obtained from Department of State Travel Warnings concerning certain countries, in many of which CDC conducts its international program activities, may be obtained at the following Internet URL: http://travel.state.gov/travel/cis_pa_tw/tw/tw_1764.html. Federal Taxes: Personal Service Contractors who are either United States citizens or Permanent Resident Aliens (i.e., "green card" holders) of the United States are not exempt from payment of Federal Income Taxes and, in some cases, State Income Taxes on salaries earned abroad while working for the U.S. Government. U.S. Social Security (FICA) contributions likewise are not exempt for either United States citizens or Permanent Resident Aliens. l. Use of Contract Air Carriers Unless provided elsewhere in this solicitation, the contractor shall utilize the services of contract air carriers when transportation costs will be reimbursed with appropriated funds as specified in the Federal Transportation Regulations. Reference the link below for more information on the Federal Transportation Regulations. http://www.gsa.gov/Portal/gsa/ep/channelView.do?specialContentType=FTR&file=FTR/FTRTOC.html&pageTypeId=8199&channelPage=%2Fep%2Fchannel%2FgsaOverview.jsp&channelId=-16521 m. Use of U.S. Government Contract Fares The PSC employee shall be allowed to use U.S. Govt. Contract Fares when traveling on U.S. Government Travel Orders, where available. n. Death in Service In the event of a death of a PSC employee, the PSC employee's designated beneficiary shall be eligible for unpaid compensation similar to that available to the survivors of U.S. Government employees assigned abroad. Reference the following link for further information on these benefits: http://www.state.gov/documents/organization/84877.pdf o. Death Benefits For Death in the Performance of Duty In the event of a death of a PSC employee while in the performance of official duties, the PSC employee's designated beneficiary shall be eligible for benefits similar to those available to U.S. Government employees assigned abroad. Reference the following link for further information on these benefits: http://www.state.gov/documents/organization/85098.pdf p. Payroll Instructions (a) The Government shall use electronic funds transfer (EFT) to the maximum extent possible when making payments under this contract. FAR 52.232-34, Payment by Electronic Funds Transfer - Other than Central Contractor Registration, incorporated by reference, requires the contractor to designate in writing a financial institution for receipt of electronic funds transfer payments. (b) The PSC employee may accomplish salary payment via EFT by sending a copy of a voided check from his/her U.S. bank account along with a cover memo requesting deposit via EFT and providing contractor's name and SSN to the address or fax number below. If the account is in a foreign bank, it must be a U.S. dollar account in a bank that has a correspondent relationship with a U.S. bank. The CFSC payrolling office needs the following: -- Swift Bic Code for Local Bank -- Local Bank Account Number (U.S. dollar account) -- Swift Bic Code for the correspondent U.S. Bank Send to: U.S. Department of State Charleston Financial Services Center P.O. Box 150008 Charleston, SC 29415-5008 Fax: (843) 308-5425 Alternatively, the PSC employee may make the designation by submitting the form titled "Direct Deposit Sign-Up Form" (Standard Form 1199A) to the payroll office, the Charleston Financial Services Center (CFSC) of the U.S. Department of State, at the above address, or by faxing it to the fax number above. Note: The SF 1199A may be obtained via the Internet using the following URL: http://www.gsa.gov/Portal/gsa/ep/formslibrary.do?viewType=DETAIL&formId=4DE12D5D772A58F905256B8E0064956C. (c) In cases where the PSC employee has previously provided such designation, i.e., pursuant to a prior contract/order, and been enrolled in the direct deposit program, the form is not required. q. Supervision Contractor shall perform all duties under the authority of the United States Chief of Mission in Lesotho. Performance of the work hereunder shall be subject to the direction of the designated supervisor for the position filled by the individual performing services under this contract. As used herein, the supervisor's directions are directions to the PSC Employee, which fill in details, suggest possible lines of inquiry, or otherwise complete the position description set forth herein. In the event that the PSC Employee feels that full implementation of the supervisor's direction may exceed the duties and responsibilities provided in the position description, he or she shall notify the supervisor and the Contracting Officer in a letter separate of any required report(s) within two (2) weeks of the date of receipt of the disputed direction and no action shall be taken pursuant to the direction. If the PSC employee fails to provide the required notification within the said two (2) week period that any direction exceeds the duties and responsibilities provided in the position description, then it shall be deemed for purposes of this contract that the direction was within reasonability of the required functions contained in the position description. No direction, nor its fulfillment, shall alter or abrogate the rights and obligations fixed in this contract. The Government supervisor is not authorized to change any of the terms and conditions of this contract. Changes shall be made only by the Contracting Officer by properly written modification(s) to the contract. The Government supervisor may, however, change the duties and responsibilities provided in the attached Position Description with the PSC Employee's agreement, provided that such changes do not have a material effect upon the terms and conditions of this contract. The Government will provide the PSC employee with a copy of the delegation memorandum identifying the role of the supervisor of the PSC employee's position. In the event that the supervisor changes, such delegation shall apply to the successor who inherits the supervisory duties of the position designated in this contract. Any changes in supervisory position delegation will be made by the Contracting Officer in writing with a copy being furnished to the Contractor. r. Preparing for Work Overseas (PFWO) Training (a) U.S. Citizens: Preparing for Work Overseas (PFWO) training or approved alternative training is required for all U.S. citizens committed to foreign travel greater than 30 days regardless of their location at the time of contract award. The PFWO training or approved alternative training must be successfully completed prior to Contracting Officer signature. Failure to complete the PFWO training or approved alternative training within 120 days from date of offer letter may result in the rescission of the offer. Upon completion of the PFWO training or approved alternative training, the PSC shall provide evidence of completion to the Contracting Officer such as a copy of the certificate. (b) Non-U.S. Citizens: The PFWO training or approved alternative training is required for all non-U.S. Citizens. Non-U.S. citizens who maintain residence in the U.S. at the time of contract award must successfully complete the PFWO training or approved alternative training prior to Contracting Officer signature. Non-U.S. Citizens who do not maintain residence in the U.S. at the time of contract award must successfully complete the PFWO training or approved alternative training within 120 days after contract award. Failure to complete the PFWO training or approved alternative training within 120 days from date of offer letter or, if already entered on duty under the PSC, within 120 days after entry on duty, may result in either a rescission of the offer or termination of the contract, as applicable. Upon completion of the PFWO training or approved alternative training, the PSC shall provide evidence of completion to the Contracting Officer such as a copy of the certificate. Note: The official award of a contract is dependent upon the successful completion of the PFWO course. If the PFWO course is not granted, the contractor may be ineligible for award. 3) The training and instructions for obtaining the training shall be furnished at no cost to the selected applicant. s. Travel To and From Post Assignment For travel to and from post of assignment, the Personal Service Contractor (PSC) shall be reimbursed for travel costs and travel allowances from place of residence in the United States (or other location provided that the cost of such travel does not exceed the cost of the travel from the contractor's residence in the United States or other location of residence designated in the contract) to the post of duty in the country of assignment and return to place of residence in the United States (or other location provided that the cost of such travel does not exceed the cost of the travel from the post of duty in the assigned country to the contractor's place of residence as designated in the contract) upon completion of services by the PSC. If the contract is for longer than one year and the PSC does not complete at least one full year at post of duty (except for reasons beyond his/her control, as approved by the Contracting Officer), or if the PSC requests to terminate his/her services prior to the contractual end date of a contract established for one year or less (except for reasons beyond his/her control, as approved by the Contracting Officer), the costs of going to and from the post of duty for the PSC and his/her dependents are not reimbursable hereunder. Any costs that are reimbursed prior to the breach hereunder will be subtracted from the PSC's final payment. If option periods are included and exercised, and the PSC completes less than the full term of the first exercised option period, the costs of going to the post shall remain reimbursable hereunder but the costs of going from post of duty to the PSC's permanent legal place of residence or other location, as needed by the PSC, will not be reimbursable. t. Place of Residence The following location is determined to be the place of residence for the purposes of determining Repatriation Benefits and Relief Travel under this contract. Location: To Be Determined u. Shipment of Household Effects and Unaccompanied Baggage Shipment of household effects (HHE) and unaccompanied baggage (UAB) is authorized from both the place of recruitment and from the place of residence for the purpose of determining repatriation benefits. The total weight allowance for shipments of HHE and UAB from both place of recruitment and place of residence combined shall not exceed the total allowed for such shipments from any one location. v. Place of Recruitment The following location is determined to be the place of recruitment. Location: To Be Determined w. Living Quarters Living quarters, to include provision of suitable housing, a living quarters allowance (LQA), temporary quarters subsistence allowance (TQSA), or reimbursement for rent and basic utilities in an Embassy-approved house, or any sequential combination thereof, is normally authorized if the applicant qualifies. See: http://aoprals.state.gov/ x. Consumables Shipment of consumable goods not readily available in the country of assignment is authorized on the same basis as for FTE employees accorded similar privileges and immunities status in the country of assignment. y. Notice of Conditional Award The award is conditional if the Suitability Background Check (SBC) is not ready at the time of award. The PSC shall not perform any duties resulting from a conditional award of this contract until the SBC is successfully completed and evidence is provided to the Contracting Officer, wherein a notice to proceed will be issued via modification to the contract. If the SBC is denied, the conditional award of this contract shall be terminated for the convenience of the Government in accordance with FAR clause 52.249-12. The Government shall not be liable for any costs associated with its termination. The PSC shall not perform any duties resulting from a conditional award of this contract until the SBC is successfully completed and evidence is provided to the Contracting Officer, wherein a notice to proceed will be issued via modification to the contract. If the SBC is denied, the conditional award of this contract shall be terminated for the convenience of the Government in accordance with FAR clause 52.249-12. The Government shall not be liable for any costs associated with its termination. SECTION D - CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS See Attachment
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