Resident Legal Officer

SOLICITATION NUMBER 72016718R00011 0001 ISSUANCE DATE: April 11, 2018 CLOSING DATE: May 4, 2018 (17:00 PM Local Time (Kosovo)) SUBJECT: Solicitation for U.S. Personal Service Contractor (USPSC) RESIDENT LEGAL OFFICER Dear Prospective Offerors: The United States Government, represented by the U.S. Agency for International Development (USAID), is seeking offers from qualified persons to provide personal services under contract as described in this solicitation. Offers must be in accordance with Attachment 1, Sections I through V of this solicitation. Incomplete or unsigned offers will not be considered. Offerors should retain copies of all offer materials for their records. Additional documents submitted will not be accepted. Incomplete or late applications will not be considered. Applicants can expect to receive a confirmation email when application materials have been received. Your complete résumé, scanned AID 302-3 forms, and the supplemental documents must be submitted via email to: [email protected]. This solicitation in no way obligates USAID to award a PSC contract, nor does it commit USAID to pay any cost incurred in the preparation and submission of the offer. Any questions must be directed in writing to the Point of Contact specified in the attached information. Sincerely, Joseph Sidari Supervisory Executive Officer ATTACHMENT I I. GENERAL INFORMATION: 1. SOLICITATION NO: 72016718R00011 0001 2. ISSUANCE DATE: April 11, 2018 3. CLOSING DATE: May 4, 2018 (NLT 17:00 PM Local Time (Kosovo)) 4. POSITION TITLE: Resident Legal Officer 5. MARKET VALUE: GS-15 equivalent ($ 105,123 - $ 136,659 per annum) Final compensation will be negotiated within the listed market value. Salaries over and above the top of the pay range will not be entertained or negotiated. 6. PERIOD OF PERFORMANCE: This is a one-year position from o/a May 2018 - May 2019 7. PLACE OF PERFORMANCE: Pristina, Kosovo 8. SECURITY LEVEL REQUIRED: Top Secret 9. STATEMENT OF DUTIES: BACKGROUND The RLO serves as legal counsel to USAID/Kosovo and Client Missions which it supports for all matters of a legal nature arising under the operation of USAID programs in Kosovo, Macedonia, and Albania. The RLO's principal contacts are with the USAID/Kosovo Mission Director, Mission Directors and Country Representatives of supported missions and their staffs, Ambassadors, and senior host country officials including the chief legal officers in various ministries. The RLO will be supervised by the USAID/Kosovo Mission Director, or designee. The RLO will perform legal services under the technical direction of the RLO based in USAID/Serbia, or absent availability of that individual, the Office of General Counsel (GC), or designee. The RLO will coordinate with the USAID/Serbia RLO on substantive issues and decisions with respect to all matters of a legal nature. The RLO will consult with the Mission Director, USAID/Serbia RLO, and as appropriate with GC on matters of a unique, highly complex, or politically sensitive nature. As needed, the RLO will keep the USAID/Serbia RLO and GC informed of legal issues arising within the portfolio. The RLO is required to travel periodically and as needed to USAID missions serviced by USAID/Kosovo. DUTIES AND RESPONSIBILITIES Bilateral Agreements: The RLO will draft, negotiate and interpret economic and technical assistance agreements. Activity Planning and Design: The RLO will serve as a member of office committees or teams responsible for activity design in order to assure conformity with legislative, policy, regulatory and legal requirements of both the U.S. and the host government. Contributions to activity design documentation will include assistance in preparation of activity approval documents, related action or information memoranda, financial and implementation plans, procurement schedules, waivers, environmental examinations, and assistance and pre-obligation checklists. Implementation Agreements: The RLO will draft and negotiate bilateral grant agreements, interagency agreements, credit guarantee agreements and other agreements as appropriate for USAID missions in the region. Activity Implementation - Life of Activity: Responsibilities at this stage of activity development include; reviewing internal office and team actions, clearing and drafting implementation letters, reviewing submissions in satisfaction of conditions precedent and advising on the legal aspects of credit guarantee and bilateral grant implementation. The latter responsibilities include the drafting and/or review of host country contracts, and analysis and approval actions in the legal and regulatory context. General: The RLO keeps informed of proposed and new legislation and rules affecting USAID missions and operations in the region and furnishes information, advice and counsel concerning the legislation and rules. The RLO regularly participates in GC calls and meetings with RLOs. Advice is also provided to the USAID missions and operations in the region on an as-needed basis, including issues related to delegations of authority, policy directives, personnel questions, operating procedures and expenditures, and professional ethics. The RLO reviews leases, purchase orders, and other USAID documents. The RLO provides legal advice and assistance in connection with USAID's undertakings with other donor governments, non- governmental organizations, and international institutions. Ethics Program: The RLO has responsibility for the ethics program at USAID/Kosovo and the USAID missions and operations in the region serviced by USAID/Kosovo, including working with EXO to designate employees who file OGE- 278 and OGE-450 financial disclosure forms, final review of OGE-450 and filing same with GC/EA, ethics training of employees of said USAID missions and operations and providing advice and counsel to employees on ethics issues and concerns. Security Clearance: The position requires a security clearance. Because the RLO will likely be required to work with classified information or work in areas where classified information is created, generated, discussed, handled, processed, stored or disposed of. This may require having to attend classified briefings with the Mission Front Office or mission teams. Moreover, the RLO will also work on the regional organization and activities program area, which may at times require reading and attending classified briefings on matters impacting this growing program area. Travel: The RLO is expected to travel to all missions supported by USAID/Kosovo, which could be up to 20-30%. Locations include Macedonia and Albania. Supervisory Relationship: The position reports to the USAID/Kosovo Mission Director (or designee). Supervision Controls: The RLO supervises the USAID/Kosovo Local Legal Advisor. OTHER RELEVANT INFORMATION: Security and Medical Clearance Requirements The applicant selected to fill this position must be able to obtain a security clearance/employment authorization which involves applicant's comprehensive background investigation performed by a U.S. Government Agency. The applicant selected to fill the position must also receive medical clearance to work worldwide including random drug test for illegal drug use. Details of how to obtain such clearance will be provided after selection and acceptance of the job offer. The final selected candidates must obtain security and medical clearances within a reasonable period of time (USAID will provide details regarding these clearances to the selected candidates). A substantial delay in obtaining either required clearance will make the applicant ineligible for selection. COMPENSATION This position has been classified at GS-15 grade. The actual salary of the successful candidate will be negotiated within that pay band depending on qualifications and previous earning history. 10. AREA OF CONSIDERATION: U.S. Citizens 11. PHYSICAL DEMANDS: The work requested does not involve undue physical demands. 12. POINT OF CONTACT: For any additional question you may contact Joseph Sidari at [email protected]. All application packages are to be submitted via email to: [email protected]. II. MINIMUM QUALIFICATIONS REQUIRED FOR THIS POSITION Education: The incumbent must possess a Juris Doctorate degree in law or equivalent and be a member in good standing of a Bar of one of the states of the United States, or the District of Columbia. (20 points) Prior Work Experience: The incumbent must possess at least 10 years work experience practicing law, two (2) of which must be within the past five (5) years, and with at least five (5) years of experience working in a legal capacity with USAID. Prior overseas experience, especially in developing countries, and foreign language skills are highly desirable. (60 points) Knowledge, Skills and Abilities: Extensive knowledge of U.S. government regulations and statutory frameworks as well as demonstrated ability to work in an international environment. Must have excellent analytical capabilities, strong writing and interpersonal skills. (20 points) III. EVALUATION AND SELECTION FACTORS Education: (20 points) Prior Work Experience: (60 points) Knowledge, Skills and Abilities: (20 points) In order to be considered for the position, a candidate must meet the Minimum Qualifications listed below. Consideration and selection will be based on a panel evaluation of the Evaluation Factors. Please note that only shortlisted/finalist applicants will be interviewed or contacted. PAST PERFORMANCE/PROFESSIONAL REFERENCE CHECKS Applicants must provide at least three references with current contact information, preferably both an e-mail address and a telephone number. The references will be asked to provide a general assessment of the applicant's suitability for the position. It is the responsibility of the applicant to ensure submitted references are available to provide a written or verbal reference in a timely manner. In addition to comments from references, the Selection Committee will take into account awards or other evidence of outstanding performance in any areas related to the above selection criteria. USAID/Kosovo reserves the right to obtain from previous employers relevant information concerning the applicant's past performance and may consider such information in its evaluation. IV. APPLYING Submission of a résumé alone IS NOT a complete application. This position requires the completion of additional forms and/or supplemental materials as described in this section. Failure to provide the required information and/or materials will result in your not being considered for employment. Interested individuals meeting the Minimum Qualifications above are required to submit the following: 1. Eligible offerors are required to complete and submit: • Offer form AID 302-3, "Offeror Information for Personal Services Contracts," available at http://www.usaid.gov/forms. Applicants should note that the salary history for the purposes of the AID 302-3 is the base salary paid, excluding benefits and allowances such as housing, travel, educational support, etc. Applicants are required to complete and sign the form. • Cover letter and current résumé/curriculum vitae (CV). The CV/résumé must contain sufficient relevant information to evaluate the application in accordance with the stated evaluation criteria. Broad general statements that are vague or lacking specificity will not be considered as effectively addressing. • Applicants must provide a minimum of three references within the last ten years from the applicant's professional life namely individuals who are not family members or relatives. References should be from direct supervisors who can provide information regarding the applicant's work knowledge and professional experience. Applicants must provide e-mail addresses and/or working telephone numbers for all references. 2. Offers must be received by the closing date and time specified in Section I, item 3, and submitted to the Point of Contact in Section I, item 11. 3. To ensure consideration of offers for the intended position, Offerors must prominently reference the Solicitation number in the offer submission. Send signed complete applications to [email protected]. Please cite the solicitation number and position title within the subject line of your email application. Any attachments provided via email shall be formatted in one single PDF document in the following order: (1) signed cover letter, (2) signed resume/CV (with recent references), and (3) signed AID 302-3 NOTE: This position requires the submission of complete forms and/or supplemental materials as described herein above. Failure to provide the required information and/or materials will result in your not being considered for employment. The Applicant must sign the cover letter, resume/CV, and the AID 302-3. Please note that incomplete and/or unsigned applications will NOT be considered. To ensure that the application is considered for the intended position, please reference the solicitation number and title of position on your application and as the subject line in any cover letter. V. LIST OF REQUIRED FORMS FOR PSCs : Once the CO informs the successful Offeror about being selected for a contract award, the CO will provide the successful Offeror instructions about how to complete and submit the following forms. Forms outlined below can found at: http://www.usaid.gov/forms (1) AID 302-3 can be downloaded from: Employment form AID 302-3 (2) Questionnaire for National Security Positions (SF-86)* (3) Authority for Release of Information (AID 610-14)* (4) Foreign Residence Data (AID 6-85)* (5) Fair Credit Reporting Act of 1970, As Amended* (6) Notice Required by The Privacy Act of 1974* (7) Fingerprint Cards (FD-258)* (8) Medical History and Examination Form (DS-6561). Forms 2 through 8 shall be completed ONLY upon the advice of the Contracting Officer that an applicant is the successful candidate for the job. VI .BENEFITS/ALLOWANCES: As a matter of policy, and as appropriate, a PSC is normally authorized the following benefits and allowances: BENEFITS: (a) Employer's FICA Contribution (b) Contribution toward Health & Life Insurance (c) Pay Comparability Adjustment (d) Annual Increase (pending a satisfactory performance evaluation) (e) Eligibility for Worker's Compensation (f) Annual and Sick Leave (g) Medevac insurance ALLOWANCES: Section numbers refer to rules from the Department of State Standardized Regulations (Government Civilians Foreign Areas) (a) Temporary Quarter Subsistence Allowance (Section 120) (b) Living Quarters Allowance (Section 130) (c) Cost-of-Living Allowance (Chapter 210) (d) Post Allowance (Section 220) (e) Separate Maintenance Allowance (Section 260) (f) Education Allowance (Section 270) (g) Education Travel (Section 280) (h) Post Differential (Chapter 500) (i) Payments during Evacuation/Authorized Departure (Section 600), and (j) Danger Pay Allowance (Section 650) VII. TAXES USPSCs are required to pay Federal income taxes, FICA, Medicare and applicable State Income taxes. VIII. USAID REGULATIONS, POLICIES AND CONTRACT CLAUSES PERTAINING TO PSCs USAID regulations and policies governing USPSC awards are available at these sources: 1. USAID Acquisition Regulation (AIDAR), Appendix D, "Direct USAID Contracts with a U.S. Citizen or a U.S. Resident Alien for Personal Services Abroad," including contract clause "General Provisions," available at https://www.usaid.gov/sites/default/files/documents/1868/aidar_0.pdf . 2. Contract Cover Page form AID 309-1 available at https://www.usaid.gov/forms . 3. Acquisition and Assistance Policy Directives/Contract Information Bulletins (AAPDs/CIBs) for Personal Services Contracts with Individuals available at http://www.usaid.gov/work-usaid/aapds-cibs . 4. Ethical Conduct. By the acceptance of a USAID personal services contract as an individual, the contractor will be acknowledging receipt of the "Standards of Ethical Conduct for Employees of the Executive Branch," available from the U.S. Office of Government Ethics, in accordance with General Provision 2 and 5 CFR 2635. See https://www.oge.gov/web/oge.nsf/OGE%20Regulations SUBJECT TO FUNDS AVAILABILITY