SOLICITATION NOTICE
R -- USPSC President’s Malaria Initiative Deputy Coordinator - Solicitation
- Notice Date
- 2/25/2015
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 812990
— All Other Personal Services
- Contracting Office
- Agency for International Development, Washington D.C., USAID/Washington, 1300 Pennsylvania Avenue, NW, Room 7.10-006, Washington, District of Columbia, 20523, United States
- ZIP Code
- 20523
- Solicitation Number
- SOL-OAA-15-000043
- Archive Date
- 3/12/2015
- Point of Contact
- Vanesia Moodie, Phone: 202-470-2838
- E-Mail Address
-
vmoodie@usaid.gov
(vmoodie@usaid.gov)
- Small Business Set-Aside
- N/A
- Description
- Solicitation Number: SOL-OAA-15-000043 Request for Personal Service Contractor USAID Global Health Bureau Position Title: President's Malaria Initiative Deputy Coordinator Solicitation Number: SOL-OAA-15-000043 Salary Level: GS-15 Equivalent Level: ($126,245 to $158,700 inclusive of Washington, DC locality pay) Issuance Date: February 25, 2015 Closing Date: March 11, 2015 Closing Time: 11:00 A.M. Washington, DC time Dear Prospective Applicants: The United States Government represented by the U.S. Agency for International Development (USAID), is seeking applications from qualified U.S. citizens interested in providing Personal Services Contract (PSC) services for a President's Malaria Initiative Deputy Coordinator position providing technical support to improve the health of people in the developing world by expanding health services, including family planning/reproductive health (FP/RH) and maternal/child health (MCH); strengthening health systems; and addressing HIV/AIDS, malaria, tuberculosis (TB), avian influenza (AI), and other public health threats (OPHT). GH's primary role in the health program area is to strengthen field operations, promote research and technical innovation, and provide leadership and training within the President's Malaria Initiative Division, Global Health, as described in the attached solicitation. Interested applicants must submit their complete resume, list of references and the supplemental document addressing the evaluation factors in accordance with the information in this solicitation by the closing date and time. Additional documents will not be accepted. Incomplete or late applications will not be considered. Applicants are encouraged to create an application profile online and submit their application through the website www.globalcorps-health.com or via fax 202-870-5200 to: GlobalCorps-Health 1401 K Street, NW Suite 801 Washington, DC 20005 Tel: 202-470-2838 Fax: 202-870-5200 E-Mail Address: info@globalcorps-health.com Website: www.globalcorps-health.com Applicants will receive a confirmation email when application materials have been received. Applicants should retain for their records copies of all enclosures which accompany their applications. Any questions on this solicitation must be directed to: Vanesia Moodie PSC Recruiter Tel: 202-470-2838 Fax: 202-870-5200 E-Mail Address: vmoodie@usaid.gov Sincerely, Boryana Boncheva Contracting Officer Solicitation for U.S. Personal Service Contractor (USPSC) President's Malaria Initiative Deputy Coordinator 1. SOLICITATION NO.: SOL-OAA-15-000043 2. ISSUANCE DATE: February 25, 2015 3. CLOSING DATE/TIME FOR RECEIPT OF APPLICATIONS: March 11, 2015, 11:00 am Washington, DC time 4. POSITION TITLE: President's Malaria Initiative Deputy Coordinator 5. MARKET VALUE: GS-15 Equivalent Level: ($126,245 to $158,700 annually inclusive of Washington, DC locality pay). Final compensation will be negotiated within the listed market value based upon the successful candidates' salary history, work experience, and educational background. 6. PERIOD OF PERFORMANCE: Two (2) years from the date of contract award, with three (3) one year option periods, subject to availability of funds, continued need for the services, and quality of contract performance. 7. PLACE OF PERFORMANCE: Washington, D.C. with international travel and field trips. 8. STATEMENT OF WORK: BACKGROUND The Bureau for Global Health (GH) is the USAID/Washington operating unit charged with providing technical support to improve the health of people in the developing world by expanding health services, including family planning/reproductive health (FP/RH) and maternal/child health (MCH); strengthening health systems; and addressing HIV/AIDS, malaria, tuberculosis (TB), avian influenza (AI), and other public health threats (OPHT). GH's primary role in the health program area is to strengthen field operations, promote research and technical innovation, and provide leadership and training. The President's Malaria Initiative (PMI) is led from the GH Bureau. The PMI is an inter-agency Initiative led by USAID to reduce the burden of malaria-related morbidity in 19 sub-Saharan African countries and one regional program in the Greater Mekong sub region through a rapid scale up of proven malaria prevention and control interventions including: artemisinin-based combination therapy (ACT); insecticide-treated mosquito nets (ITNs), intermittent preventive treatment in pregnancy (IPTp), and indoor residual spraying (IRS). USAID is the lead agency for implementation of the PMI and implemented together with the Centers for Disease Control and Prevention (CDC) of the Department of Health and Human Services (HHS). It is overseen by the U.S. Global Malaria Coordinator, advised by an Interagency Advisory Group made up of representatives of the USAID, CDC/HHS, Department of State, Department of Defense, National Security Council, and Office of Management and Budget. The Initiative is results-based, focused, and exhibits a high level of financial and programmatic accountability. In each of the targeted countries, the PMI works closely with the host government and national and international partners, including the GFATM, Roll Back Malaria, the World Bank Malaria Booster Program, and the non-governmental and private sectors. USPSCs are considered employees of USAID for all purposes except programs administered by the Office of Personnel Management (OPM) - such as federally sponsored health insurance, life insurance, and retirement benefits. However, there are several other similar benefits that USPSCs may participate in, such as partial reimbursement for health and life insurance costs, as well as full coverage of workers' compensation, among other benefits. For more complete information on USPSC benefits, please see page 11 of this solicitation. 9. CORE FUNCTIONAL AREAS OF RESPONSIBILITY: ROLES AND RESPONSIBILITIES The primary responsibilities of the President's Malaria Initiative Deputy Coordinator include: The incumbent will serve as President's Malaria Initiative Deputy Coordinator (Deputy Coordinator) to the PMI, assisting with technical monitoring, policy guidance and international coordination on malaria programming and policies for the PMI. The Deputy Coordinator will be located at USAID, and will report to the US Global Malaria Coordinator as second-in-command and convey the vision, operating principles and guidelines of the Coordinator. To complement the executive leadership and management skills and experience of the US Global Malaria Coordinator, the Deputy Coordinator will bring essential, highly specialized technical skills and expertise to the PMI. As such, the Deputy Coordinator should have a medical degree with advanced training in infectious diseases including malaria and training and extensive experience in public health including global health programming. Key responsibilities include: -Provides technical leadership and strategic guidance for the PMI related to malaria technical issues and program interventions, including program policy and structure; program implementation; field operations; training and human capacity development; and strategic information and operations research. -Provides technical guidance on issues such as operations research under the direction and guidance of the US Global Malaria Coordinator. -Assists the US Global Malaria Coordinator by monitoring the performance of PMI activities by using reports and staff oversight to assess measurable outcomes to recommend possible adjustments to the Coordinator. - Serve as the US Global Malaria Coordinator's primary liaison with high-ranking USAID personnel, U.S. Embassy staff, Ambassadors, military personnel, government officials, bilateral donors, UN organizations, NGOs, and other pertinent agencies and organizations. -Under the direction of the US Global Malaria Coordinator, engages with other donor Governments; Government and non-governmental organizations in PMI focus countries; the Global Fund to Fight AIDS, Tuberculosis and Malaria; the World Health Organization, the Roll Back Malaria Partnership; the United Nations Children's Fund; and other relevant organizations. -At the direction of the US Global Malaria Coordinator, the Deputy Coordinator may meet with senior Government officials in PMI focus countries and at international venues to obtain first- hand knowledge of their concerns and needs, and to reinforce efforts to accomplish the President's program and spending goals. -Under the direction of the US Global Malaria Coordinator (as requested) ensure the PMI complements other similar U.S. Government international activities and avoid duplication of effort. -Supports the PMI's efforts in public affairs, congressional liaison and communications under specific direction and supervision of the US Global Malaria Coordinator. -Reviews annual country operational plans to ensure technical soundness and integrity of country malaria programs. SUPERVISORY RELATIONSHIP: The President's Malaria Initiative Deputy Coordinator will take direction from and report directly to the US Global Malaria Coordinator. SUPERVISORY CONTROLS: The President's Malaria Initiative Deputy Coordinator is expected to take initiative, act independently, and perform with minimal direction in planning and carrying out assignments, resolving conflicts, coordinating with others and interpreting policy in terms of established objectives as part of a fast-paced office environment. The incumbent has no supervisory responsibilities. 10. PHYSICAL DEMANDS: The work is sedentary in nature. No unusual physical demands are placed upon the incumbent. 11. WORK ENVIRONMENT: Work is primarily performed in an office setting with government furnished property (e.g. computer, desk, office chair, supplies, though the contractor may travel to areas where site visits and extraordinary travel time is involved and that may entail working out of temporary duty residences or hotel rooms. 12. START DATE: Immediately, once necessary clearances are obtained. 13. POINT OF CONTACT: See Cover Letter. 14. QUALIFICATIONS FOR THE POSITION: (Determines basic eligibility for the position. Applicants who do not meet all of the education and experience requirements and selective factors are considered NOT qualified for the position.) Minimum Education and Experience Requirements The incumbent must have: - Minimum Doctoral degree from an accredited university or institution of higher learning with public health training; -Minimum 25 years practical experience in public health or malaria in an international or resource challenged environment (experience in Africa is preferred) or with organizations supporting these efforts; -Minimum ten (10) years' experience in an international or resource-challenged setting; -Demonstrated experience and/or knowledge of current interventions in malaria control and knowledge of and familiarity with key international malaria initiatives and organizations; -Demonstrated experience in senior level health policy dialogue; -Demonstrated experience in a USG setting providing strategic technical guidance and leadership to senior management on malaria and public health programming and policy; -Demonstrated experience providing leadership to monitoring and evaluation processes related to malaria and public health programs; -Demonstrated strong interpersonal skills and ability to communicate effectively both orally and in writing; -Demonstrated ability to work under pressure and on/in international and interagency teams; -Ability to travel domestically and internationally on short notice; -Ability to obtain a Department of State medical clearance; and -US Citizenship required. 15. SELECTION CRITERIA: All applications will be evaluated and scored based on the documentation submitted with the application (Resume/CV), the applicant's responses to the following Evaluation Factors, performance in a potential interview, if conducted, and information provided by references, if needed. USAID reserves the right to call the highest ranked candidates for an interview and/or conduct a reference check on those individuals. Selection criteria listed below will be the basis for the evaluation of all applications. Applicants must address each Evaluation Factor listed below separately to demonstrate how s/he meets each. Unless stated otherwise, all sub-criteria within each Evaluation Factor will be weighted equally. In no more than eight (8) pages in total (8 ½" x 11" paper only; no less than 11 point font; double sided pages count as 2 pages) describe your experience and knowledge of each Evaluation Factor listed below. When responding to the Evaluation Factor below, demonstrate how your experience relates to the duties and responsibilities listed, Statement of Work, Major Duties and Responsibilities. Cite examples where appropriate. 16. EVALUATION FACTORS: 1. Technical Ability and Experience (70 points): 1.1 Knowledge of current malaria and public health policy objectives and programs and knowledge of and familiarity with key international malaria initiatives and organizations. 1.2 Demonstrated experience in a USG setting providing recommendations and guidance to senior management on malaria and public health programming and policy for strategic planning, performance, and the roles and contributions of other USG entities, donors and international organizations on a continuing basis. 1.3 Demonstrated experience developing and implementing performance monitoring and evaluation processes related to malaria and public health programs to inform decision- makers and ability to plan, organize and implement international assistance programs involving substantial organizational/agency resources or that require extensive changes in established procedures. 1.4 Demonstrated initiative and ability to manage competing work priorities. 2. Communications, Teamwork and Interpersonal Skills (30 points): 2.1 Demonstrated experience in making written and oral presentations of recommendations and guidance as evidenced by examples of having influenced outcomes. 2.2 Ability to work as a team member and to lead a team to make recommendations or undertake actions for which team members accept joint responsibility. 2.3 Ability to negotiate effectively with other USG agencies, international organizations and foreign governments over interpretation or revision of policies or procedures for implementing foreign assistance. 17. BASIS OF RATING: Applicants who meet the Education/Experience requirements will be further evaluated based on scoring of the Evaluation Factor (EF) responses. Those applicants determined to be competitively ranked will also be evaluated on interview performance and satisfactory professional reference checks. Applicants are required to address each of the EFs specifically and accurately what experience, training, education and/or awards they have received that are relevant 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 and/or Evaluation Factors may result in your not receiving credit for all of your pertinent experience, education, training and/or awards. The Applicant Rating System is as Follows: EFs have been assigned the following points: EF #1 - 70 points EF #2 - 30 points Satisfactory Professional Reference Checks - Pass/Fail Total Possible Points: 100 The applicants determined to be competitively ranked will be selected and may be required to provide a writing sample. Professional references and academic credentials will be evaluated for applicants being considered for selection. 18. APPLYING: Applications must be received by the closing date and time at the address specified in the cover letter. Applicants interested in applying for this position MUST submit the following materials: a. Resume: Your resume should contain sufficient information to make a valid determination that you fully meet the experience requirements as stated in this solicitation. Failure to provide the necessary information to determine your qualifications for the position will result in loss of full consideration. The Resume should not exceed 3 pages. In order to fully evaluate your application, your resume must include: 1. All full time paid positions, job title, location(s), and dates held (month/year) and salary history for each position. Dates (month/year) and locations for all overseas field experience must also be detailed. 2. Specific duties perform that fully detail the level and complexity of the work. 3. Names and contact information (phone and email) for at least two supervisors within the last 10 years. 4. Education and any other qualifications including job-related training courses, job-related skills, or job-related honors, awards or accomplishments. 5. Country of Citizenship. b. List of References: Applicants must submit no fewer than three (3) and no more than five (5) references, who are not family members or relatives. Submitted references MUST include the following information: 1. Name of reference 2. Applicants' relationship to reference 3. Title of reference at current job 4. Reference current telephone number (work or personal) 5. Reference email address (work or personal) At least two (2) references must be from direct supervisors (current or prior) who can provide information regarding the applicant's knowledge of relevant experience in cost analysis, financial management, budget and operations experience. All references must be from within the last ten years of applicant's professional life. Applicants are advised to ensure the information provided is current for all references. c. Supplemental document addressing the Evaluation Factors: In no more than eight (8) pages in total (8 ½" x 11" paper only; no less than 11 point font; double sided pages count as 2 pages) demonstrate how you are qualified for the position. The narrative should take into consideration the Evaluation Factors (EFs) below, describing your experience, training, education and/or awards you have received that are relevant to the position. If the narrative exceeds eight pages it will NOT be reviewed or evaluated. Applicants are required to address each of the EFs describing specifically and accurately what experience, training, education and/or awards they have received that are relevant to each factor. Be sure to include your name and the announcement number at the top of each page. Failure to address the selection and/or Evaluation Factors may result in your not receiving credit for all of your pertinent experience, education, training and/or awards. Please refer to page 11 of the solicitation for specific instructions. By submitting your application materials, you certify that all of the information on and attached to the application is true, correct, complete, and made in good faith. You agree to allow all information on and attached to the application to be investigated. False or fraudulent information on or attached to your application 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 applications for the intended position, please reference the solicitation number on your application, and as the subject line in any email. 19. DOCUMENT SUBMITION: Via website: www.globalcorps-health.com Via fax: 202-870-5200 PLEASE NOTE: 1. A technical team will review and assess your resume and supplemental documents according to the rating guidelines based on your education/experience and the results of the reference checks. 2. Additional documents will not be accepted. Incomplete or late applications will not be considered. Your complete resume, list of references and the supplemental document addressing the EFs must be received at the address below by the closing date and time. 3. If the full security application package is not submitted within 30 days after it is requested, the offer may be rescinded. 4. If a Secret security clearance is not obtained within six (6) months after offer acceptance, the offer may be rescinded. 5. If a Department of State medical clearance is not obtained within six (6) months after offer acceptance, the offer may be rescinded. NOTE REGARDING GOVERNMENT OBLIGATIONS FOR THIS SOLICITATION This solicitation in no way obligates USAID to award a PSC contract, nor does it commit USAID to pay any cost incurred in the preparation and submission of the application. NOTE REGARDING DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBERS All individuals contracted as USPSCs are required to have a DUNS Number. In this instance, USAID will provide a generic DUNS Number, and USPSCs are not required to register with CCR. For general information about DUNS Numbers, please refer to Federal Acquisition Regulation (FAR) Clause 52.204-6, Data Universal Numbering System (DUNS) Number (10/2003) https://www.acquisition.gov/far/current/html/52_200_206.html 20. LIST OF REQUIRED FORMS FOR PSCs: Forms outlined below can found at: http://www.usaid.gov/forms/ or http://www.usa.gov/Topics/Reference-Shelf/forms.shtml 1. Optional Form 612. 2. Medical History and Examination Form (DS-6561). 3. Questionnaire for Sensitive Positions (for National Security) (SF-86), or 4. Questionnaire for Non-Sensitive Positions (SF-85). 5. Finger Print Card (FD-258). Forms 1 through 5 shall be completed ONLY upon the advice of the Contracting Officer that an applicant is the successful candidate for the job. 21. CONTRACT INFORMATION BULLETINS (CIBs) and ACQUISITION & ASSISTANCE POLICY DIRECTIVES (AAPDs) PERTAINING TO PSCs: CIBs and AAPDs contain changes to USAID policy and General Provisions in USAID regulations and contracts. Please refer to http://www.usaid.gov/work-usaid/aapds-cibs#psc to determine which CIBs and AAPDs apply to this contract. AAPD 06-10 - PSC MEDICAL PAYMENT RESPONSIBILITY AAPD No. 06-10 is hereby incorporated as Attachment 1 to the solicitation. FAR 52.222-50 - COMBATING TRAFFICKING IN PERSONS FAR clause 52.222-50 is hereby incorporated as Attachment 2 to the solicitation. 22. OTHER INFORMATION: As a matter of policy, and as appropriate, a USPSC is normally authorized the following benefits and allowances: BENEFITS: Employer's FICA Contribution Contribution toward Health & Life Insurance Pay Comparability Adjustment Annual Increase (pending a satisfactory performance evaluation) Eligibility for Worker's Compensation Annual & Sick Leave ALLOWANCES (if Applicable).* (A) Temporary Lodging Allowance (Section 120). (B) Living Quarters Allowance (Section 130). (C) Post Allowance (Section 220). (D) Supplemental Post Allowance (Section 230). (E) Post Differential (Chapter 500). (F) Payments during Evacuation/Authorized Departure (Section 600), and (G) Danger Pay (Section 650). * Department of State Standardized Regulations (Government Civilians Foreign Areas). FEDERAL TAXES: USPSCs are required to pay Federal Income Taxes, FICA, and Medicare ALL QUALIFIED APPLICANTS WILL BE CONSIDERED REGARDLESS OF AGE, RACE, COLOR, SEX, CREED, NATIONAL ORIGIN, LAWFUL POLITICAL AFFILIATION, NON-DISQUALIFYING DISABILITY, MARITAL STATUS, SEXUAL ORIENTATION, AFFILIATION WITH AN EMPLOYEE ORGANIZATION, OR OTHER NON-MERIT FACTOR. ATTACHMENT 1 Acquisition & Assistance Policy Directive (AAPD) No. 06-10 PSC Medical Expense Payment Responsibility General Provision 22, MEDICAL EXPENSE PAYMENT RESPONSIBILITY (OCTOBER 2006) (a) Definitions. Terms used in this General Provision are defined in 16 FAM 116 available at http://www.state.gov/m/a/dir/regs/fam/c23002.htm. Note: Personal services contractors are not eligible to participate in the Federal Employees Health Programs. (b) The regulations in the Foreign Affairs Manual, Volume 16, Chapter 520 (16 FAM 520), Responsibility for Payment of Medical Expenses, apply to this contract, except as stated below. The contractor and each eligible family member are strongly encouraged to obtain health insurance that covers this assignment. Nothing in this provision supersedes or contradicts any other term or provision in this contract that pertains to insurance or medical costs, except that section (e) supplements General Provision 25. "MEDICAL EVACUATION (MEDEVAC) SERVICES." (c) When the contractor or eligible family member is covered by health insurance, that insurance is the primary payer for medical services provided to that contractor or eligible family member(s) both in the United States and abroad. The primary insurer's liability is determined by the terms, conditions, limitations, and exclusions of the insurance policy. When the contractor or eligible family member is not covered by health insurance, the contractor is the primary payer for the total amount of medical costs incurred and the U.S. Government has no payment obligation (see paragraph (f) of this provision). (d) USAID serves as a secondary payer for medical expenses of the contractor and eligible family members who are covered by health insurance, where the following conditions are met: (1) The illness, injury, or medical condition giving rise to the expense is incurred, caused, or materially aggravated while the eligible individual is stationed or assigned abroad; (2) The illness, injury, or medical condition giving rise to the expense required or requires hospitalization and the expense is directly related to the treatment of such illness, injury, or medical condition, including obstetrical care; and (3) The Office of Medical Services (M/MED) or a Foreign Service medical provider (FSMP) determines that the treatment is appropriate for, and directly related to, the illness, injury, or medical condition. (e) The Mission Director may, on the advice of M/MED or an FSMP at post, authorize medical travel for the contractor or an eligible family member in accordance with the General Provision 10, Travel and Transportation Expenses (July 1993), section (i) entitled "Emergency and Irregular Travel and Transportation." In the event of a medical emergency, when time does not permit consultation, the Mission Director may issue a Travel Authorization Form or Medical Services Authorization Form DS-3067, provided that the FSMP or Post Medical Advisor (PMA) is notified as soon as possible following such an issuance. The contractor must promptly file a claim with his or her medevac insurance provider and repay to USAID any amount the medevac insurer pays for medical travel, up to the amount USAID paid under this section. The contractor must repay USAID for medical costs paid by the medevac insurer in accordance with sections (f) and (g) below. In order for medical travel to be an allowable cost under General Provision 10, the contractor must provide USAID written evidence that medevac insurance does not cover these medical travel costs. (f) If the contractor or eligible family member is not covered by primary health insurance, the contractor is the primary payer for the total amount of medical costs incurred. In the event of a medical emergency, the Medical and Health Program may authorize issuance of Form DS-3067, Authorization for Medical Services for Employees and/or Dependents, to secure admission to a hospital located abroad for the uninsured contractor or eligible family member. In that case, the contractor will be required to reimburse USAID in full for funds advanced by USAID pursuant to the issuance of the authorization. The contractor may reimburse USAID directly or USAID may offset the cost from the contractor's invoice payments under this contract, any other contract the individual has with the U.S. Government, or through any other available debt collection mechanism. (g) When USAID pays medical expenses (e.g., pursuant to Form DS-3067, Authorization for Medical Services for Employees and/or Dependents), repayment must be made to USAID either by insurance payment or directly by the contractor, except for the amount of such expenses USAID is obligated to pay under this provision. The Contracting Officer will determine the repayment amount in accordance with the terms of this provision and the policies and procedures for employees contained in 16 FAM 521. When USAID pays the medical expenses, including medical travel costs (see section (e) above), of an individual (either the contractor or an eligible family member) who is covered by insurance, that individual promptly must claim his or her benefits under any applicable insurance policy or policies. As soon as the individual receives the insurance payment, the contractor must reimburse USAID for the full amount that USAID paid on the individual's behalf or the repayment amount determined by the Contracting Officer in accordance with this paragraph, whichever is less. If an individual is not covered by insurance, the contractor must reimburse USAID for the entire amount of all medical expenses and any travel costs the contractor receives from his/her medevac provider. (h) In the event that the contractor or eligible family member fails to recover insurance payments or transfer the amount of such payments to USAID within 90 days, USAID will take appropriate action to collect the payments due, unless such failure is for reasons beyond the control of the USPSC/dependent. (i) Before departing post or terminating the contract, the contractor must settle all medical expense and medical travel costs. If the contractor is insured, he or she must provide proof to the Contracting Officer that those insurance claims have been submitted to the insurance carrier(s)and sign a repayment agreement to repay to USAID any amounts paid by the insurance carrier(s). ATTACHMENT 2 FAR 52.222-50 COMBATING TRAFFICKING IN PERSONS (FEB 2009). (a) Definitions. As used in this clause- "Coercion" means- (1) Threats of serious harm to or physical restraint against any person; (2) Any scheme, plan, or patternintended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or (3) The abuse or threatened abuse of the legal process. "Commercial sex act" means any sex act on account of which anything of value is given to or received by any person. "Debt bondage" means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined. "Employee" means an employee of the Contractor directly engaged in the performance of work under the contract who has other than a minimal impact or involvement in contract performance. "Forced Labor" means knowingly providing or obtaining the labor or services of a person- (1) By threats of serious harm to, or physical restraint against, that person or another person; (2) By means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; or (3) By means of the abuse or threatened abuse of law or the legal process. "Involuntary servitude" includes a condition of servitude induced by means of- (1) Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such conditions, that person or another person would suffer serious harm or physical restraint; or (2) The abuse or threatened abuse of the legal process. "Severe forms of trafficking in persons" means- (1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or (2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. "Sex trafficking" means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act. (b) Policy. The United States Government has adopted a zero tolerance policy regarding trafficking in persons. Contractors and contractor employees shall not- (1) Engage in severe forms of trafficking in persons during the period of performance of the contract; (2) Procure commercial sex acts during the period of performance of the contract; or (3) Use forced labor in the performance of the contract. (c) Contractor requirements. The Contractor shall- (1) Notify its employees of- (i) The United States Government's zero tolerance policy described in paragraph (b) of this clause; and (ii) The actions that will be taken against employees for violations of this policy. Such actions may include, but are not limited to, removal from the contract, reduction in benefits, or termination of employment; and (2) Take appropriate action, up to and including termination, against employees or subcontractors that violate the policy in paragraph (b) of this clause. (d) Notification. The Contractor shall inform the Contracting Officer immediately of- (1) Any information it receives from any source (including host country law enforcement) that alleges a Contractor employee, subcontractor, or subcontractor employee has engaged in conduct that violates this policy; and (2) Any actions taken against Contractor employees, subcontractors, or subcontractor employees pursuant to this clause. (e) Remedies. In addition to other remedies available to the Government, the Contractor's failure to comply with the requirements of paragraphs (c), (d), or (f) of this clause may result in- (1) Requiring the Contractor to remove a Contractor employee or employees from the performance of the contract; (2) Requiring the Contractor to terminate a subcontract; (3) Suspension of contract payments; (4) Loss of award fee, consistent with the award fee plan, for the performance period in which the Government determined Contractor non-compliance; (5) Termination of the contract for default or cause, in accordance with the termination clause of this contract; or (6) Suspension or debarment. (f) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (f), in all subcontracts. (g) Mitigating Factor. The Contracting Officer may consider whether the Contractor had a Trafficking in Persons awareness program at the time of the violation as a mitigating factor when determining remedies. Additional information about Trafficking in Persons and examples of awareness programs can be found at the website for the Department of State's Office to Monitor and Combat Trafficking in Persons at http://www.state.gov/g/tip
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