Resident Legal Officer
ATTACHMENT 1 SOL-280-17-000001
I. GENERAL INFORMATION
1. SOLICITATION NO.: SOL-280-17-000001
2. ISSUANCE DATE: 8/14/2017
3. CLOSING DATE/TIME FOR RECEIPT OF OFFERS: 08/28/2017 COB MERP/Frankfurt time
4. POSITION TITLE: Resident Legal Officer
NUMBER OF POSITIONS: One (However, USAID reserves the right to hire multiple positions out of this solicitation, if required)
5. MARKET VALUE: $103,672.00 to $134,776.00 equivalent to GS-15.
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: One year with a level of effort up to six months out of a one-year period on a part-time basis, or intermittently as needed.
7. PLACE OF PERFORMANCE: The position could be located in an overseas location outside of the United States, and does not necessary need to be based in Frankfurt, Germany. However, the individual must be willing to travel to Frankfurt, Germany for consultations and supervision meetings with the Supervisory Resident Legal Officer and other client missions, in particular to USAID/Iraq (a critical priority post) to provide in-person legal services, and as often as needed (could be 30-40%).
8. SECURITY LEVEL REQUIRED: Top Secret
9. STATEMENT OF DUTIES
The Resident Legal Officer ("RLO") serves as legal counsel in the Resident Legal Office ("RLO") for the USAID Frankfurt Support Center (USAID/FSC), a fast-paced legal service provider for critical programs in the Middle East and North Africa in the Agency. The RLO provides legal services both to USAID/FSC, as well as bilateral USAID Missions and operations supported by USAID/FSC.
The RLO serves as legal counsel to USAID/FSC and missions and operating units which it supports for all matters of legal nature arising under the operation of USAID programs in the Middle East and North Africa including Libya, Tunisia, Morocco, Iraq, Northern Syria, Lebanon, and Yemen. The RLO's principal contacts are with the USAID/FSC Supervisory RLO (“SRLO”), to whom he or she reports, USAID/FSC staff, Mission Directors of supported missions and heads of operating units and their staffs, Ambassadors, and senior host country officials including the chief legal officers in various ministries. The RLO will perform legal services in accordance with policy guidance and professional advice from the SRLO and the Office of the General Counsel (GC), in particularly the Assistant General Counsel for the Middle East.
The RLO has broad latitude for exercising individual initiatives and making decisions with respect to all matters of a legal nature. The RLO's duties, described below, require frequent travel to USAID Missions and operations in the region serviced by USAID/FSC. The RLO will exercise independent professional judgement while under the direction of the SRLO, is expected to exercise good judgement in determining whether consultation with GC in a given instance, and is expected to consult with GC on matters of a unique, highly complex or politically sensitive nature.
This position is envisioned to engage an RLO’s level of effort of at least 6 months out of a one-year period on a part-time basis, or intermittently as needed. The position could be located in an overseas location outside of the United States, and does not necessarily need to be based in Frankfurt Germany. However, the individual must be willing to travel to post, in particular to USAID/Iraq (a critical priority post) to provide in-person legal services at least once per quarter, and as often as needed. The RLO will be expected to TDY to Frankfurt, if not located in Frankfurt, for consultations and supervision meetings with the SRLO.
Duties and Responsibilities:
a. Bilateral Agreements. The RLO will draft, negotiate and interpret basic economic and technical assistance agreements.
b. 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 preobligation checklists.
c. 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.
d. 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.
e. 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. 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.
f. Ethics Program. The RLO has responsibility for the ethics program at USAID/FSC and the USAID Missions and operations in the Region serviced by USAID/FSC, 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.
g. 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.
h. The RLO is expected to travel on TDY to all missions supported by the FSC, which could be up to 30-40%, to locations including USAID/Iraq, Libya, Tunisia, Morocco, Lebanon, Yemen (currently located in Jeddah), and the START platform for Syria (currently located in Turkey).
i. The RLO will be expected to provide back-up coverage during the absences of other RLOs from post.
j. Supervisory Controls
The Contractor will report to Supervisory Resident Legal Officer
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.
TRAVEL
The position requires travel to Frankfurt and to supported USAID offices in the Middle East/North Africa region. Travel is likely to Lebanon, Tunisia, Turkey, Saudi Arabia, Morocco, Iraq. Travel may be required to other locations in the Middle East/North Africa region where USAID has personnel working, such as Libya and Yemen, if travel is authorized for U.S. Government employees in the future.
Government Furnished Information, Facilities, Property and Services
During travel to Frankfurt or other locations in the Middle East region, if the employee is part time and TDYs to Frankfurt or the employee is posted to Frankfurt will receive housing and will not be on TDY status.
10. AREA OF CONSIDERATION: U.S. Citizen
11. PHYSICAL DEMANDS
The work requested does not involve undue physical demands.
12. POINT OF CONTACT: For any additional question you may contact Diane Moore, dimoore@usaid.gov, Jeff Sharp, jsharp@usaid.gov. All application packages are to be submitted via email to: frankfurthr@usaid.gov.
II. MINIMUM QUALIFICATIONS REQUIRED FOR THIS POSITION
Education (20 points)
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.
Work Experience (60 points)
The incumbent must have at least 10 years working experience practicing law with at least 5 years of experience in working in areas of federal appropriations law and/or USG contracts and grants and/or working with USG operations overseas. Prior overseas experience, especially in developing countries, and foreign language skills are highly desirable. Corporate, transactional, appropriations, and/or government contracts experience is a plus. Demonstrated ability to work well with a diverse range of clients and colleagues is required.
Knowledge and Communication Skills (20 points)
Demonstrated ability to work in an international environment, cultural sensitivity and knowledge of U.S. government regulations and statutory framework are desired.
III. EVALUATION AND SELECTION FACTORS
Education (20 points)
Work Experience (60 points)
Knowledge and Communication Skills (20 points)
Reference Verification: (Pass/Fail)
Must not appear as an excluded party in the System for Award Management (SAM.gov).
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.
USAID does not pay for any expenses associated with the interviews unless expenses are pre- authorized. Reference checks will be conducted on those candidates selected for an interview. The applicant’s references must be able to provide substantive information about his/her past performance and abilities.
The factors listed below will be the basis for evaluating and ranking applicants who meet Required Qualifications and Selection Criteria for the position. All applicants are scored based on the documentation submitted with the application. Applicants are encouraged to write a brief appendix to demonstrate how prior experience and/or training address the following Evaluation Factors
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/Frankfurt 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:
a) 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.
b) 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.
c) 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 12.
3. To ensure consideration of offers for the intended position. Offerors must prominently reference the Solicitation number in the offer submission.
V. LIST OF REQUIRED FORMS FOR PSC HIRES
Once the Contracting Officer informs the successful Offeror about being selected for a contract award, the instructions about how to complete and submit the following forms will be provided. 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)*
*The above listed forms (2 through 7) shall only be completed 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:
1. BENEFITS:
(a) Employer's FICA Contribution
(b) Contribution toward Health & Life Insurance
(c) Pay Comparability Adjustment
(d) Annual Increase (pending a satisfactory performance evaluation)
(e) Eligibility for Worker's Compensation
(f) Annual and Sick Leave
(g) Medevac insurance
(h) Access to Embassy medical facilities when in Frankfurt
2. ALLOWANCES: (if Applicable)
The following allowances may be provided for PSCs located in foreign countries using rates prescribed under the Department of State Standardized Regulations (Government Civilian Foreign areas) available at https://aoprals.state.gov/:
(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.
Diane Moore, Regional Executive Officer, Phone +49-69-7535-2504, Email dimoore@usaid.gov - Jeff Sharp, Deputy Executive Officer, Email jsharp@usaid.gov
