Senior Devolution Advisor - USAID Kenya & East Africa

Solicitation Issuance Date: June 17, 2015 Application Closing date and time: July 17, 2015 5:00P.M, Local Time (Nairobi, Kenya) Position Title: Senior Devolution Advisor – Kenya (One Position) Salary Level: GS-14 Equivalent

SUBJECT: Request for Personal Services (RFP) No. SOL‐615‐15‐000032 (RE-ADVERTISED) USAID/Kenya and East Africa (KEA) Senior Devolution Advisor

Dear Prospective Applicants: The United States Government, represented by the U.S. Agency for International Development (USAID), requests an application from qualified U.S. Citizens and Third Country Nationals (TCN) interested in providing PSC services as described in the attached solicitation in Nairobi, Kenya. This position has been re-advertised from Solicitation number SOL-615-15-000006. Applicants who submitted applications under the previous application must resubmit an application to be considered for this solicitation. Submittals shall be in accordance with the attached information at the place and time specified in this document. Kindly submit:

1. Your most current curriculum vitae or resume.
2. Signed form OF-612, Optional Application for Federal Employment, or SF 171, Application for Federal Employment.
3. Contractor Employee Biographical Data Sheet (AID 1420-17)
4. At least three references, who are not family members or relatives, with telephone and e-mail contacts.
5. Cover letter stating period of availability for work in Nairobi, Kenya. The CV/resume must contain sufficient relevant information to evaluate the application. The references must be able to provide substantive information about your past performance and abilities. USAID/KEA reserves the right to obtain from previous employers relevant information concerning the past performance and may consider such information in its evaluation. If you are selected for this position you must be available to start work as soon as valid medical and security clearances are obtained. This availability MUST be indicated in your cover letter (applications not indicating this availability will not be considered).
   Any questions regarding this solicitation should be submitted no later than 5:00PM Nairobi local time, June 24, 2015 in writing to Karla Camp at kcamp@usaid.gov and Justine Kibabu at jkibabu@usaid.gov. Only Electronic submissions are acceptable. All application packages must be submitted via e-mail: tokcamp@usaid.gov and jkibabu@usaid.gov by the closing date and time. Please quote the number and position title of this solicitation on the subject line of your e-mail application. Please provide your current full mailing address with telephone and email address in the application. USAID anticipates awarding one (1) Personal Services Contract as a result of this solicitation. This solicitation in no way obligates USAID to award a PSC contract, nor does it commit USAID to pay any costs incurred in the preparation and submission of the application. Sincerely,

Karla Camp Contracting Officer

Solicitation for U.S. Personal Service Contractor (PSC) Senior Devolution Advisor

1. SOLICITATION NO.: SOL-615-15-000032
2. ISSUANCE DATE: June 17, 2015
3. CLOSING DATE/TIME FOR RECEIPT OF APPLICATIONS: July 17, 2015, 5:00PM Local Time, Nairobi, Kenya
4. POSITION TITLE: Senior Devolution Advisor
5. MARKET VALUE: This position is the equivalent of a GS-14 ranging from $86,399 to $112,319 per annum. The actual salary of the successful candidate will be negotiated within the pay range of the GS-14 level depending on qualifications, previous relevant experience and work history, salary and educational background. Salaries over and above the top of the pay range will not be entertained or negotiated.
6. PERIOD OF PERFORMANCE: Two years base period with one option year
7. PLACE OF PERFORMANCE: Nairobi, Kenya
8. AREA OF CONSIDERATION: U.S. Citizens and Third Country Nationals (TCN)
9. CLEARANCES: The final selected candidate must obtain a security clearance and medical clearances within a reasonable period of time (USAID will provide details regarding these clearances to the selected candidate). If such clearances are not obtained within a reasonable time or negative suitability issues are involved, any offer made may be rescinded.
10. STATEMENT OF WORK/POSITION DESCRIPTION: The devolution of power and authority down to 47 newly established County Governments is arguably the most important reform enshrined in Kenya’s 2010 Constitution. Devolution embodies the spirit of the Constitution and the promise to establish a Kenya that is more equitable, just, transparent, and accountable. Devolution will help build a Kenya where enhanced social and economic opportunities are available for all Kenyans and where government is closer to the people that it represents. If successfully implemented, devolution will create an environment where people can more proactively and productively engage with their government either through the County Assemblies or through the Governor’s Office.

However, devolution is new and it will take time and commitment from national government, county governments, civil society and citizens to succeed. This commitment must come in the form of ideas, energy, political will, financial resources, and patience. At the same time, expectations for what devolution can achieve appear to be very high on the part of Kenyan citizens. Yet, it still appears that there is limited understanding of what devolution entails on the part of those citizens. Continued civic education is, therefore, necessary. Government and civil society must work in concert to achieve civic education effectively. The capacity of county governments, both the legislative branch and the executive branch, must be enhanced. This involves training and technical assistance in strategic planning, in crafting legislation, in budgeting and accounting, in managing people and assets, in delivering services and in engaging with and communicating with constituencies. Training should be harmonized and of an acceptable standard. To achieve this, training should be coordinated through reputable institutions and build on both international and Kenyan best practices.

Devolution has been called Kenya’s greatest opportunity and Kenya’s greatest threat. As the boundaries of counties are new, the dynamics within county populations are also new and evolving. The rights of minority populations must be protected and their needs effectively met by County Governments. Without this, the potential for conflict within the counties grows. Further, women continue to be marginalized and excluded from social influence and decision making processes despite the constitutional requirements of equality and gender quotas. In addition, safeguards must be put in place so that problems that have manifested at the national level such as corruption do not devolve down to the local level. Finally, legislation and regulation at the county-level must be harmonized with national-level legislation and regulation. Links should be forged between the Parliament and County Assemblies to ensure that experience from the National Assembly and the Senate is passed to the County Assemblies. With careful stewardship and a bit of luck, devolution will result in 47 efficiently functioning county governments that collectively work together in partnership with the national government to forge a stronger Kenya.

It is against this backdrop that USAID Kenya has developed a new Country Development Cooperation Strategy (CDCS) that covers the 2014 to 2017 period. The first Development Objective of the CDCS is “Devolution effectively implemented”. USAID/KEA has formed Development Objective Teams to help guide the CDCS progress.

To help implement the CDCS, USAID/KEA is seeking an exceptional candidate to serve as a Senior Devolution Advisor (SDA). The SDA will provide leadership within the Devolution Development Objective Team (DO1) with reporting functions within the Office of Democracy, Governance and Conflict (DGC). This position requires programmatic and technical expertise in the design and management of local government programs with experience working with systems that are in the process of devolving.

MAJOR DUTIES AND RESPONSIBILITIES

The Senior Devolution Advisor (SDA) will provide expert advice on all programmatic issues related to devolution including local government planning and management; development of local government systems and operations; human resource and public financial management; public-private-partnerships, governance, cross sectoral integration; and civil society engagement. The SDA reports to the USAID/KEA DGC Office Director and coordinates closely with the Deputy Office Director. The incumbent coordinates USAID strategy, assistance, and policy in support of devolution and associated DGC and USAID/KEA and East Africa initiatives.

The SDA will provide leadership and management – both technical and financial – of a complex, $125-million five-year devolution portfolio with national impact. The incumbent ensures that USAID assistance for devolution is conceptualized soundly, analyzed rationally, coordinated well, monitored regularly to ensure that it is responsive to the changing environment, and managed effectively across five USAID technical offices, in collaboration with Department of State colleagues, and aligned with the support of international donor partners. Much of the work will be in Nairobi with frequent travel to counties to provide technical assistance, assess needs, and ensure effective monitoring and oversight of activities. Field work will include periodic assignments to support specific County Governments with discrete tasks that could last one to two weeks out of the month.

Duties will include managing USAID activities that contribute to successful devolution. As part of the USAID/KEA DGC Team, the incumbent will, as required, initiate broader team administrative and programmatic functions. The SDA may serve as the Activity Manager or Agreement/Contracting Officer’s Representative for a variety of contracts and agreements to support the portfolio. The SDA will also be responsible for representing USAID in donor meetings, technical working groups and in meetings with the host government, civil society, the media, and the private sector.
The SDA must have proven interpersonal skills and the ability to work in a highly political, cross-cultural environment. As a highly qualified professional, the SDA is expected to independently plan and carry out the activities required to fulfill their duties with minimal oversight.

As part of the USAID/KEA DGC and DO1 teams, the incumbent will be responsible for providing input to the annual Operational Plan and annual Performance Report, as well as quarterly portfolio reviews—both programmatic and financial aspects. The incumbent will also provide talking points, briefing notes, and analysis in response to requests from the Ambassador, USAID Mission Director, DGC Office Director, USAID/Washington, Congress, and the Department of State and will be called upon to deliver these remarks periodically in formal verbal briefings. Strong English language presentation and writing skills are, therefore, required.

SPECIFIC DUTIES AND RESPONSIBILITIES

a) Technical Advice: Serve as a devolution expert and advisor to the DGC Office, the USAID Mission Director, the Ambassador, and the DO1 Team. Briefings for the Ambassador and other senior USG officials posted in Nairobi or visiting from the United States, such as members of Congress, USAID Assistant Administrators, and Assistant Secretaries of State will be required. The SDA will possess technical expertise in the following areas: decentralization expertise with a particular focus on governments in transition, legislative and regulatory frameworks pertinent to devolved sectors and activities, strategic planning, public financial management, management of human resources, cross sectoral integration, public-private-partnerships, civil society-government platforms and, outreach and communication. (40% of time)

b) Activity Coordination: Ensure devolution-related activities within USAID and among USG agencies are coordinated, duplication of effort is minimized, and the institutional strengths of partners are fully engaged. Provide leadership and/or strategic guidance within various working groups including, but not limited to, the Reform Task Force (Devolution), Development Objective Team 1, the Resilience Joint Planning Cell, the Devolution Donor Working Group and the Devolution Sector Working Group. The incumbent will develop innovative approaches in working with other USAID programs, the private sector, civil society, and host-country institutions in the area of integrated, cross-sectoral work. Duties will also involve developing program strategies that articulate the role that financing, management and local economic development plays in meeting the aspirations of Kenya’s Vision 2030. Activities will involve the development of multi-dimensional local government strategies in partnership with host-country institutions, private firms, NGOs and negotiating agreements on the same; services to promote information dissemination and communication on devolution-related issues; workshops and conferences to share best practices and promote collaboration and coordination of programs; and joint activities with other USAID programs, federal agencies, non-governmental organizations and the private sector. The incumbent must navigate within a complex and dynamic political environment, gathering information, conducting needed analysis, facilitating an open exchange of ideas, formulating and implementing an organizational vision, building alliances, solving problems, and ensuring that recommendations are followed-up on and completed. This will require the ability to make formal decisions, exceptional leadership, organizational, team building and interpersonal skills and the ability to achieve consensus and drive results working under limited technical guidance from supervisors. (30% of time)

c) Representation: Represent the USG in various settings, including meetings hosted by donors, the Kenyan government, private sector and civil society. The SDA will represent U.S. policy interests in senior-level and technical/working-level environments and establish and maintain strong working relations and formal and informal linkages with mid- to high-level representatives of the Government of Kenya – both National and County Governments, the private sector, civil society and the international donor community to promote and advance USAID's programs related to devolution. (10% of time)

d) Project Management: Provide direct management support to one or more existing activities. This includes a formal decision making role, direct liaison with project partners, compiling reporting documents, including, but not limited to, financial and programmatic reports, and reviewing and providing guidance for activity results including monitoring and evaluation in order to make recommendations on activity resource allocations, assess the quality of work, and ensure tasks are completed in a timely manner. Lead the design of one or more new projects that work to support DO1. This will include making recommendations on the strategic use of USAID/KEA funding, writing background documents such as concept notes, scopes of work, justifications, and authorizations and working with other offices to get these documents cleared. (10% of time)

e) Reporting: Prepare DGC reports, analysis, and briefings as required. The SDA will frequently be required to provide talking points, briefing notes, and speeches in response to specific events or requests, often with minimal lead-time. The SDA will be required to perform other duties, as assigned by the DGC Office Director or USAID Mission Director to further the objectives of DO1. (10% of time)

REQUIRED QUALIFICATIONS

EDUCATION REQUIREMENTS

• An advanced degree in government, public administration, political science, law, economics or a closely related field.

SELECTION FACTORS

• U.S. citizens and Third Country Nationals.

• At least ten years of advanced experience working on issues of decentralization and local government is required. The candidate must have solid experience working on local government capacity development in the following areas: human resources and financial management, strategic planning, implementation of service delivery projects and citizen-government engagement. Prior experience working in Africa is desired.
• English language proficiency, speaking and writing.

• Demonstrated ability to work on international development activities as related to devolution/decentralization is required. Demonstrated knowledge of international best practices in devolution, local government, public financial management, and governance. Prior experience working collaboratively with civil society, private sector and with other donors on devolution is preferred.

• Demonstrated Ability to work well as part of a cross-cultural team is essential. Ability to develop and maintain a range of mid- to high-level working relationships within the US Government and the Kenyan Government, among international donor partners, and with the private sector and civil society is required. Ability to quickly understand the basics of development activity management including the requirements for financial and programmatic reporting is required.

• Proficient use of word processing, spreadsheet, and PowerPoint software programs and willingness to use these programs to organize information, conduct analysis, prepare reports, draft correspondence, and prepare presentations is required. Candidate must be able to communicate exceptionally well in writing and verbally to a diversity of audiences.

EVALUATION CRITERIA

• Education (10%): An advanced degree in government, public administration, political science, law, economics or a closely related field.

• Prior Work Experience (40%): A minimum of ten years of advanced experience working on issues of decentralization and local government is required. The candidate must have solid experience working on local government capacity development in the following areas: human resources and financial management, strategic planning, implementation of service delivery projects and citizen-government engagement. Prior experience working in Africa is desired.

• Language Proficiency (5%): Level IV (fluent) English language proficiency, speaking and writing, is required.

• Knowledge (25%): Demonstrated ability to work on international development activities as related to devolution/decentralization is required. Demonstrated knowledge of international best practices in devolution, local government, public financial management, and governance. Prior experience working collaboratively with civil society, private sector and with other donors on devolution is preferred.

• Competencies (15%): Ability to work well as part of a cross-cultural team within the DRG Office, with the DO1 Team, and across the broader Mission is essential. Ability to develop and maintain a range of mid-to high-level working relationships within the US Government and the Kenyan Government, among international donor partners, and with the private sector and civil society is required. In-depth knowledge and first-hand experience of project management cycle. Ability to work in a multi-cultural set up and a demonstrated team player who is self-motivated, creative, resourceful, flexible, and able to multi-task in a complex environment. Demonstrates creativity, openness to change and ability to manage complexities.

• Skills (5%): Proficient use of word processing, spreadsheet, and PowerPoint software programs and willingness to use these programs to organize information, conduct analysis, prepare reports, draft correspondence, and prepare presentations is required. Candidate must be able to communicate exceptionally well in writing and verbally to a diversity of audiences. Please note in your document submittal where you heard about this position.

NOTE REGARDING GOVERNMENT OBLIGATIONS FOR THIS SOLICITATION

This solicitation in no way obligates USAID to award a PSC contract, nor does it commit USAID to pay any cost incurred in the preparation and submission of the application.

NOTE REGARDING DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBERS

All individuals contracted as US PSCs are required to have a DUNS Number.
USAID will provide a generic DUNS Number and PSCs are not required to register with CCR.

For general information about DUNS Numbers, please refer to Federal Acquisition Regulation (FAR) Clause 52.204-6, Data Universal Numbering System (DUNS) Number (10/2003) https:/acquisition.gov/far/current/html/52_200_206.html

• LOGISTICAL SUPPORT

All logistical support required to mobilize, establish and maintain the contractor in Nairobi, Kenya and to support travel to the field will be provided by USAID/KEA in accordance with applicable USAID regulations and US Mission policy

• PERIOD OF SERVICE

The contractor will report to USAID/KEA DGC as soon as practicable after receiving the necessary security and medical clearances where they will promptly commence performance of the duties specified above. The contractor’s period of service shall be a two-year base period subject to possible extension of one year based on the need for continued services, satisfactory performance, administrative approval, and the availability of funds for a maximum of three years.

• BENEFITS

As a matter of policy, and as appropriate, a USPSC is normally authorized the following benefits and allowances: (NOTE: an individual defined as a Resident-Hire employee may only be eligible for those benefits listed under item A below)

A. BENEFITS • Employer’s FICA Contribution • Contribution toward Health and Life Insurance • Pay Comparability Adjustment • Eligibility for Worker’s Compensation • Annual and Sick Leave • Access to Embassy medical facilities, commissary and pouch mail services

B. ALLOWANCES (if applicable) • Temporary Lodging Allowance (Section 120) • Living Quarters Allowance (Section 130) • Post Allowance (Section 220) • Supplemental Post Allowance (Section 230) • Separate Maintenance Allowance (Section 260) • Education Allowance (Section 270) • Education Travel (Section 280) • Post Differential (Chapter 500) • Payments during Evacuation/Authorized Departure (Section 600) and Danger Pay (Section 650)

C. FEDERAL TAXES: USPSCs are not exempt from payment of Federal Income taxes under the foreign earned income exclusion.

• APPLYING

Please submit your application by e-mail (required) to the Contracting Officer, Karla Camp at kcamp@usaid.govand Regional Acquisition & Assistance Specialist Justine Kibabu at jkibabu@usaid.gov by the closing date and time. Ensure that you indicate the solicitation number and position title (USAID/KEA SOL-615-15-000032 – USPSC Conflict Senior Devolution Advisor in the subject line.

Form OF 612, Optional Application for Federal Employment, or SF 171, Application for Federal Employment and Contractor Employee Biographical Data Sheet (AID 1420-17) must be signed and if submitted unsigned it will be rejected. Scanned copies are accepted by e-mail. Applicants should retain for their records copies of all enclosures which accompany their applications.

Please provide your current full mailing address with telephone numbers and email address in the application.

• List of Required Forms for PSCs

• Optional form 612 • Contractor Physical Examination (AID Form 1420-62)• AID 6-1 (Request for Security Action) • SF-86 (Questionnaire for National Security Positions)• FD-258 (Fingerprint Cards) 2 each • AID 610-14 (Authority for Release of Information)• AID 6-85 (Foreign Residence Data) • Fair Credit Reporting Act of 1970, As Amended• Notice Required by the Privacy Act of 1974

These forms shall only be completed upon the advice of the Contracting Officer that an applicant is the successful candidate for the job. Note: The selected individual shall be required to obtain a security clearance.

• Acquisition and Assistance Policy Directives (AAPDs) Pertaining to Personal Service Contracts (PSC)

AAPDs contain information or changes pertaining to USAID policy, regulation and procedures concerning acquisition and assistance. A number of AAPDs pertain to Personal Services Contracts. Please refer to the USAID website: http://www.usaid.gov/business/business_opportunities/cib/archive.html#psc to locate relevant AAPDs. Additionally, AIDAR Appendix D or J also applies to PSCs and can be found at:http://www.usaid.gov/business/business_opportunities/cib/archive.html#psc.

AAPD 06-10 – PSC MEDICAL PAYMENT RESPONSIBILITY

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

FAR 52.222-50 – COMBATING TRAFFICKING IN PERSONS

FAR Clause 52.222-50 is hereby incorporated as Attachment 2 to the solicitation.

ALL QUALIFIED APPLICANTS WILL BE CONSIDERED REGARDLESS OF AGE, RACE, COLOR, SEX, CREED, NATIONAL ORIGIN, LAWFUL POLITICAL AFFILIATION, NON-DISQUALIFYING DISABILITY, MARITAL STATUS, SEXUAL ORIENTATION, AFFILIATION WITH AN EMPLOYEE ORGANIZATION, OR OTHER NON-MERIT FACTOR.

[END OF SOLICITATION]

ATTACHMENT 1

ACQUISITION & ASSISTANCE POLICY DIRECTIVE (AAPD) NO. 06-10 PSC MEDICAL EXPENSE PAYMENT RESPONSIBILITY

General Provision 22, MEDICAL EXPENSE PAYMENT RESPONSIBILITY (OCTOBER 2006)

(a) Definitions. Terms used in this General Provision are defined in 16 FAM 116 available athttp://www.state.gov/m/a/dir/regs/fam/16fam/index.htm

Note: Personal services contractors are not eligible to participate in the Federal Employees Health Programs.

(b) The regulations in the Foreign Affairs Manual, Volume 16, Chapter 520 (16 FAM 520), Responsibility for Payment of Medical Expenses, apply to this contract, except as stated below. The contractor and each eligible family member are strongly encouraged to obtain health insurance that covers this assignment. Nothing in this provision supersedes or contradicts any other term or provision in this contract that pertains to insurance or medical costs, except that section (e) supplements General Provision 25. “MEDICAL EVACUATION (MEDEVAC) SERVICES.”

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

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

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

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

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

(e) The Mission Director may, on the advice of M/MED or an FSMP at post, authorize medical travel for the contractor or an eligible family member in accordance with the General Provision 10, Travel and Transportation Expenses (July 1993), section (i) entitled “Emergency and Irregular Travel and Transportation.” In the event of a medical emergency, when time does not permit consultation, the Mission Director may issue a Travel Authorization Form or Medical Services Authorization Form DS-3067, provided that the FSMP or Post Medical Advisor (PMA) is notified as soon as possible following such an issuance. The contractor must promptly file a claim with his or her medevac insurance provider and repay to USAID any amount the medevac insurer pays for medical travel, up to the amount USAID paid under this section. The contractor must repay USAID for medical costs paid by the medevac insurer in accordance with sections (f) and (g) below. In order for medical travel to be an allowable cost under General Provision 10, the contractor must provide USAID written evidence that medevac insurance does not cover these medical travel costs.

(f) If the contractor or eligible family member is not covered by primary health insurance, the contractor is the primary payer for the total amount of medical costs incurred. In the event of a medical emergency, the Medical and Health Program may authorize issuance of Form DS-3067, Authorization for Medical Services for Employees and/or Dependents, to secure admission to a hospital located abroad for the uninsured contractor or eligible family member. In that case, the contractor will be required to reimburse USAID in full for funds advanced by USAID pursuant to the issuance of the authorization. The contractor may reimburse USAID directly or USAID may offset the cost from the contractor’s invoice payments under this contract, any other contract the individual has with the U.S. Government, or through any other available debt collection mechanism.

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

(h) In the event that the contractor or eligible family member fails to recover insurance payments or transfer the amount of such payments to USAID within 90 days, USAID will take appropriate action to collect the payments due, unless such failure is for reasons beyond the control of the USPSC/dependent.

(i) Before departing post or terminating the contract, the contractor must settle all medical expense and medical travel costs. If the contractor is insured, he or she must provide proof to the Contracting Officer that those insurance claims have been submitted to the insurance carrier(s) and sign a repayment agreement to repay to USAID any amounts paid by the insurance carrier(s).

ATTACHMENT 2

FAR 52.222-50 COMBATING TRAFFICKING IN PERSONS (FEB 2009).

(a) Definitions. As used in this clause— “Coercion” means— (1) Threats of serious harm to or physical restraint against any person; (2) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or (3) The abuse or threatened abuse of the legal process.

“Commercial sex act” means any sex act on account of which anything of value is given to or received by any person.

“Debt bondage” means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined.

“Employee” means an employee of the Contractor directly engaged in the performance of work under the contract who has other than a minimal impact or involvement in contract performance.

“Forced Labor” means knowingly providing or obtaining the labor or services of a person— (1) By threats of serious harm to, or physical restraint against, that person or another person; (2) By means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; or (3) By means of the abuse or threatened abuse of law or the legal process.

“Involuntary servitude” includes a condition of servitude induced by means of— (1) Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such conditions, that person or another person would suffer serious harm or physical restraint; or (2) The abuse or threatened abuse of the legal process.

“Severe forms of trafficking in persons” means— (1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or (2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

“Sex trafficking” means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.

(b) Policy. The United States Government has adopted a zero tolerance policy regarding trafficking in persons. Contractors and contractor employees shall not— (1) Engage in severe forms of trafficking in persons during the period of performance of the contract; (2) Procure commercial sex acts during the period of performance of the contract; or (3) Use forced labor in the performance of the contract.

(c) 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) 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.

HOW TO APPLY: