SOLICITATION NOTICE
R -- USPSC - Logistics Specialist (Multiple Positions) - Solicitation
- Notice Date
- 5/2/2013
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 921190
— Other General Government Support
- 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-OFDA-13-000021
- Archive Date
- 6/19/2013
- Point of Contact
- Allison E. Moses, Phone: 2026619366, Laura Unterholzner, Phone: 202-661-9334
- E-Mail Address
-
amoses@usaid.gov, lunterholzner@usaid.gov
(amoses@usaid.gov, lunterholzner@usaid.gov)
- Small Business Set-Aside
- N/A
- Description
- Solicitation for SOL-OFDA-13-000021 Request for Personal Service Contractor USAID Office of U.S. Foreign Disaster Assistance Position Title:Logistics Specialist (Multiple Positions) Solicitation Number:SOL-OFDA-13-000021 Salary Level:GS-13 Equivalent: $89,033 - $115,742 Issuance Date:May 2, 2013 Closing Date: June 4, 2013 Closing Time:5:00 P.M. EDT Dear Prospective Applicants: The United States Government (USG), represented by the U.S. Agency for International Development (USAID), is seeking applications from qualified U.S. citizens to provide personal services as a Logistics Specialist under a personal services contract, as described in the attached solicitation. Submittals must be in accordance with the attached information at the place and time specified. Applicants interested in applying for this position MUST submit the following materials: 1.Complete resume. In order to fully evaluate your application, your resume must include: (a) Paid and non-paid experience, job title, location(s), dates held (month/year), and hours worked per week for each position. Any experience that does not include dates (month/year), locations, and hours per week will not be counted towards meeting the solicitation requirements. (b) Specific duties performed that fully detail the level and complexity of the work. (c) Names and contact information (phone and email) of your current and/or previous supervisor(s). (d) Education and any other qualifications including job-related training courses, job-related skills, or job-related honors, awards or accomplishments. (e) U.S. Citizenship. Your resume should contain sufficient information to make a valid determination that you fully meet the experience requirements as stated in this solicitation. This information should be clearly identified in your resume. Failure to provide information sufficient to determine your qualifications for the position will result in loss of full consideration. 2.Supplemental document specifically addressing the Quality Ranking Factors (QRFs) shown in the solicitation. Additional documents submitted will not be accepted. Incomplete or late applications will not be considered. Your complete resume and the supplemental document addressing the QRFs must be mailed, delivered, faxed, or emailed to: GlobalCorps 529 14th Street, NW, Suite 700 Washington, DC 20045 E-Mail Address: logs@globalcorps.com Facsímile: (202) 403-3911 or (202) 403-3941 Applicants can expect to 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 may be directed to: Allison Moses or Natalie Barton Telephone Number: (202) 661-9366 or (202) 661-9381 E-Mail Address: logs@globalcorps.com Website: www.globalcorps.com Facsímile: (202) 315-3803 or (240) 465-0244 Sincerely, Lance Butler III Contracting Officer Solicitation for U.S. Personal Service Contractor (PSC) Logistics Specialist (Multiple Positions) 1. SOLICITATION NO.: SOL-OFDA-13-000021 2. ISSUANCE DATE: May 2, 2013 3. CLOSING DATE/TIME FOR RECEIPT OF APPLICATIONS: June 4, 2013, 5:00 pm EDT 4. POSITION TITLE: Logistics Specialist 5. MARKET VALUE: GS-13 equivalent ($89,033 - $115,742 - includes locality pay). Final compensation will be negotiated within the listed market value based upon the candidate's past salary, work history and educational background. Salaries over and above the top of the pay range will not be entertained or negotiated. Candidates who live outside the Washington, D.C. area will be considered for employment but no relocation expenses will be reimbursed. 6. PERIOD OF PERFORMANCE: Two (2) years, with three (3) option years 7. PLACE OF PERFORMANCE: Washington, D.C. 8. STATEMENT OF WORK POSITION DESCRIPTION BACKGROUND The Office of U.S. Foreign Disaster Assistance (OFDA) is the office within USAID that is responsible for providing non-food humanitarian assistance in response to international crises and disasters. OFDA is part of the Bureau for Democracy, Conflict, and Humanitarian Assistance (DCHA) and is organized into three divisions under the management of the Office of the Director (OD). The Program Support Division (PS) provides programmatic and administrative support including budget/financial services, procurement planning, contracts and grants administration, and communication support for OFDA's Washington and Field offices. The Disaster Response and Mitigation Division (DRM) is responsible for the provision of emergency humanitarian assistance through a grants mechanism to non-governmental organizations (NGOs), Private Voluntary Organizations (PVOs), and to partners to ensure the implementation and delivery of this assistance. DRM also coordinates with other organizations for the provision of relief supplies and humanitarian assistance. DRM devises, coordinates, and implements program strategies for a variety of natural and human-caused disaster situations. DRM hires sector specialists to provide technical expertise in assessing the quality of disaster response. The Operations Division (OPS) develops and manages logistical and operational and technical support for disaster responses and administrative support to all offices and operations. OPS maintains readiness to respond to emergencies through several mechanisms, including managing Search and Rescue Teams (SAR), coordinating and supporting Disaster Assistance Response Teams (DARTs), and the Washington-based Response Management Teams (RMTs) as needed. INTRODUCTION The Logistics Unit is part of the Operations Division (OPS) of OFDA. The core function of the Logistics Unit is to manage and execute all phases of the direct delivery of non-food humanitarian assistance, including the acquisition of commodities, and facilitating and coordinating transport and logistics arrangements. In addition, OPS maintains OFDA's worldwide stockpiles and maintains relationships with other governmental and non-governmental entities that are capable of supporting OFDA's execution of its humanitarian interventions. OBJECTIVE The Logistics Unit requires a Logistics Specialist to strengthen its capacity to provide prompt, effective services in the areas of logistical management and support. 9. CORE FUNCTIONAL AREAS OF RESPONSIBILITY DUTIES AND RESPONSIBILITIES The Logistics Specialist will be a part of the Logistics Unit within the Operations Division. This position will, on occasion, require weekend work and overseas travel. The Logistics Specialist will provide support for various operational aspects of the Operations Division, including the following: •Plan, coordinate, manage, execute and report on all logistics actions and functions required to support all OFDA emergency response missions worldwide; •Manage and coordinate actions by USAID, Department of Defense (DOD), and commercial transport managers to ensure that OFDA response objectives are efficiently met; •Monitor progress to meet logistical needs; evaluate plans for feasibility, effectiveness, efficiency and economy; develop alternative methods to achieve goals in a wide variety of work operations; •Coordinate with OFDA response divisions to plan logistics responses to declared disasters, including airlift, sealift, and local purchase of disaster relief supplies; •Implement and maintain complete information tracking system that contains specific, accurate data about logistical responses and on quantities of material dispatched for specific disasters; •Contribute to the formulation and articulation of appropriate Logistics strategies and policies for OFDA and the rest of the U.S. Government (USG) in disaster and emergency-related situations; •Act as a technical expert and point of contact for senior professionals, senior officials and implementing partners on Logistics issues within the USG Interagency to include, but not limited to, U.S. Department of State (DOS), Department of Homeland Security / Federal Emergency Management Administration (DHS/FEMA), General Services Administration (GSA), Health and Human Services (HHS) on international logistical responses; •Represent and speak on USAID/OFDA Logistics operations at university lectures, interagency working groups, the Logistics Cluster, workshops, and conferences both domestically and internationally; •Serve as a technical authority on field assessment missions, Disaster Assistance Response Teams (DARTs) and Response Management Teams (RMTs); •When in the field, determine the host nation's capability to provide an effective response to specific logistical issues especially in the areas of air, sea and ground transportation; •Implement OFDA's role in the International Assistance System; •Inventory, assess, manage and coordinate worldwide disaster relief stockpiles; independently conduct the annual inspection and physical inventory of the OFDA stockpiles in accordance with USAID policy and regulations; •Direct stockpile managers to deliver commodities to appropriate seaport or airport within designated time frame; •Initiate new procurement actions and modifications to existing awards utilizing USAID's financial and acquisition systems; •Maintain a computerized Management Information System that produces reports and provides accountability for inventory management, replacement, transportation, commodity dispatch; •Provide logistics support to field personnel, including the specification, procurement, receipt, storage and transportation of and accountability for all Disaster Assistance Response Team (DART) support items, including individual support kits, vehicles, meals-ready-to eat (MREs), and office support kits; •Provide logistics training to USFS, USAR and other Surge personnel (also known as Detailers) in OFDA Logistics Operations so they can assist during large scale disaster or multiple disaster situations; •Become certified and serve as an Agreement Officer's Representative (AOR) or Contracting Officer's Representative (COR) for acquisition and assistance awards; •Serve as Acting Logistics Unit Leader in the leader's absence; •Serve on DARTs which could require immediate (within 24 hours) deployment overseas for an extended period of time; •Serve as a member of the Washington-based Response Management Team (RMT), which coordinates administrative and logistics support to DARTs deployed in response to disasters. Duties on the RMT will vary; •Serve as DCHA/OFDA duty officer on a rotational basis. SUPERVISORY RELATIONSHIP: The Logistics Specialist will take direction from and will report to the Logistics Unit Leader or his/her designees. SUPERVISORY CONTROLS: The Logistics Unit Leader will set overall objectives. The employee and the supervisor together will develop deadlines, projects, and work to be accomplished. The incumbent is expected to take initiative, act independently, and manage his/her tasks with minimal supervision. 10. PHYSICAL DEMANDS The work is generally sedentary and does not pose undue physical demands. During deployment on Disaster Assistance Response Teams (DARTs) (if required), and during site visits, there may be some additional physical exertion including long periods of standing, walking over rough terrain, or carrying of moderately heavy items (less than 50 pounds). 11. WORK ENVIRONMENT Work is primarily performed in an office setting. During deployment on Disaster Assistance Response Teams (DARTs) (if required), and during site visits, the work may additionally involve special safety and/or security precautions, wearing of protective equipment, and exposure to severe weather conditions. 12. START DATE: Immediately, once necessary clearances are obtained. 13. POINT OF CONTACT: See Cover Letter.   EDUCATION/EXPERIENCE REQUIRED FOR THIS POSITION (Determines basic eligibility for the position. Applicants who do not meet all of the education and experience factors are considered NOT qualified for the position.) Bachelor's degree with significant study in or pertinent to the specialized field (including but not limed to, international relations, management, or logistics operations). Seven (7) years of relevant experience working in the logistics field, two (2) years of which should include disaster logistics operations. OR Master's degree with significant study in or pertinent to the specialized field (including, but not limited to, international relations, management, or logistics operations). Five (5) years of relevant experience working in the logistics field, two (2) years of which should include disaster logistics operations. SELECTION FACTORS (Determines basic eligibility for the position. Applicants who do not meet all of the selection factors are considered NOT qualified for the position.) •Applicant is a U.S. Citizen; •Complete resume submitted. See cover page for resume requirements. Experience that cannot be quantified will not be counted towards meeting the solicitation requirements. •Supplemental document specifically addressing the Quality Ranking Factors (QRFs) submitted; •Ability to obtain a SECRET level security clearance as provided by USAID. •Ability to obtain a Department of State medical clearance. •Satisfactory verification of academic credentials. QUALITY RANKING FACTORS (QRFs) (Used to determine the competitive ranking of qualified applicants in comparison to other applicants. The factors are listed in priority order from highest to least.) QRF #1Describe your experience in conducting international disaster logistics operations. QRF #2Describe your experience in dealing with foreign governments, U.S. Government agencies, International Organizations (IOs), and Non-Governmental Organizations (NGOs) while conducting international disaster logistics operations. QRF #3Describe your experience with efforts to enhance the effectiveness of the overall international disaster logistics community. QRF #4Discuss two examples of your personal experience arranging and coordinating multi-modal transportation of commodities in international disaster contexts. One example should be based on an individual experience and one as your experience as part of a team and the role you played. QRF #5 Describe five key considerations when arranging the delivery of commodities to international locations during disaster response operations.. BASIS OF RATING: Applicants who meet the Education/Experience requirements and Selection Factors will be further evaluated based on scoring of the Quality Ranking Factor (QRF) responses. Those applicants determined to be competitively ranked may also be evaluated on interview performance and satisfactory professional reference checks. Applicants are required to address each of the QRFs in a separate document 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 additional page. Failure to address the selection and/or Quality Ranking 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: QRFs have been assigned the following points: QRF #1 - 7 points QRF #2 - 7 points QRF #3 - 7 points QRF #4 - 7 points QRF #5 - 7 points Interview Performance - 35 points Satisfactory Professional Reference Checks - 30 points Total Possible Points: 100 The most qualified candidates may be interviewed and required to provide a writing sample. OFDA will not pay for any expenses associated with the interviews. Professional references and academic credentials will be evaluated for applicants being considered for selection. OFDA reserves the right to select additional candidates if vacancies become available during future phases of the selection process. APPLYING: Applications must be received by the closing date and time at the address specified in the cover letter. Qualified individuals are required to submit: 1.Complete resume. In order to fully evaluate your application, your resume must include: (a) Paid and non-paid experience, job title, location(s), dates held (month/year), and hours worked per week for each position. Any experience that does not include dates (month/year), locations, and hours per week will not be counted towards meeting the solicitation requirements. (b) Specific duties performed that fully detail the level and complexity of the work. (c) Names and contact information (phone and email) of your current and/or previous supervisor(s). (d) Education and any other qualifications including job-related training courses, job-related skills, or job-related honors, awards or accomplishments. (e) U.S. Citizenship. Your resume should contain sufficient information to make a valid determination that you fully meet the experience requirements as stated in this solicitation. This information should be clearly identified in your resume. Failure to provide information sufficient to determine your qualifications for the position will result in loss of full consideration. 2.Supplemental document specifically addressing the Quality Ranking Factors (QRFs) shown in the solicitation. Additional documents submitted will not be accepted. 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. DOCUMENT SUBMITTALS Via mail: GlobalCorps, 529 14th Street, NW, Suite 700, Washington, DC 20045 Via facsímile: (202) 315-3803 or (240) 465-0244 Via email: logs@globalcorps.com NOTE: If the full security application package is not submitted within 30 days after the Office of Security determines eligibility, the offer may be rescinded. If a Secret security clearance is not obtained within nine months after offer acceptance, the offer may be rescinded. NOTE: If the full medical clearance package is not submitted within two months after offer acceptance, the offer may be rescinded. If a Department of State medical clearance is not obtained within six 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 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://www.acquisition.gov/far/current/html/52_200_206.html LIST OF REQUIRED FORMS FOR PSCs Forms outlined below can found at: http://www.usaid.gov/forms/ or at http://www.forms.gov/bgfPortal/main.do 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. 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://transition.usaid.gov/business/business_opportunities/cib/subject.html#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. BENEFITS/ALLOWANCES: As a matter of policy, and as appropriate, a PSC 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) 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 (Section 650). * 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 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 abuseof 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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