Resident Legal Advisor, GS-15, USAID/Bangladesh

I. GENERAL INFORMATION 1. SOLICITATION NO.: 72038819R00015 2. ISSUANCE DATE: July 10, 2019 3. CLOSING DATE/TIME FOR RECEIPT OF OFFERS: August 7, 2019 04:30PM local time in Dhaka, Bangladesh. 4. POINT OF CONTACT: Abdul Kayum, akayum@usaid.gov. Please DO NOT send applications to this email address. For mailbox to send application, see section IV of this solicitation. 5. POSITION TITLE: The Resident Legal Advisor. 6. MARKET VALUE: GS-15 equivalent ($106,595 - $138,572 per annum) Final compensation will be negotiated within the listed market value based on the successful candidate's salary history, work experience and educational background. Salaries over and above the top of the pay range will not be entertained or negotiated. 7. PERIOD OF PERFORMANCE: Up to 12 months with possible intermittent level of effort. 8. PLACE OF PERFORMANCE: Dhaka, Bangladesh with possible travel as stated in the Statement of Work. 9. ELIGIBLE OFFERORS: U.S. citizen. 10. SECURITY LEVEL REQUIRED: The successful candidate will be required to obtain a Secret level clearance. 11. STATEMENT OF DUTIES BASIC FUNCTION OF THE POSITION The USPSC Legal Advisor provides seasoned legal and policy counsel to the Mission Director and Deputy Mission Director, as well as the entire staff of USAID/Bangladesh. The Legal Advisor works under the general supervision of the Deputy Mission Director, providing expert legal and ethics advice and counsel on matters of US, international, and local law in Bangladesh. The Legal Advisor advises on the legal and policy implications of all aspects of USAID/Bangladesh's programming, across all technical sectors as well as support functions. The work includes the full range of consultative, advisory, monitoring, management, data collection, and analysis associated with USAID program/project/activity implementation, and the evaluative aspects of providing legal advice and counsel to USAID/Bangladesh. The Legal Advisor participates in project design and review meetings as well as periodic portfolio reviews to provide expert legal input on programmatic direction, assists Mission staff in the formulation of policies, practices and procedures, negotiates and drafts program/project agreements and less routine grant agreements as well as program/project documentation, agreements, leases and contracts, and reviews documents and instruments for legality, sufficiency, compliance with Agency policy and conformance with local law and local operational requirements. The Legal Advisor serves as an advisor to project and activity managers, and will represent the RLO to Offices and Teams throughout the Mission. The Legal Advisor will counsel, collaborate, and coordinate with Mission colleagues in Bangladesh; work with US Embassy colleagues regarding matters of local law and privileges and immunities under international law, including issues related to taxation and customs duties; and, will collaborate with colleagues from the donor community, IPs, the Bangladesh government, and non-governmental organizations. The Legal Advisor is based in Bangladesh. Travel is not expected. MAJOR DUTIES AND RESPONSIBILITIES: Specifically, the Resident Legal Advisor is expected to perform duties in the following areas: a. Legal Advice and Ethics Counseling The Legal Advisor provides legal advice and counsel to the Mission and its staff on all matters affecting USAID/Bangladesh, including programs/projects/activities in USAID/Bangladesh, and associated "business" operations. As required, the Legal Advisor prepares or obtains legal opinions and briefs regarding questions of Bangladesh law, and reviews program material for soundness and accuracy with respect to local law and international law. The Legal Advisor assists the Office of Program Support and all Technical Offices in the design and implementation of activities. The Legal Advisor advises on all legal aspects of taxation of assistance and registration; represents the Mission in meetings with the host government and other donors regarding legal issues; and, participates in working groups to develop implementing procedures for tax and customs exemptions including, as necessary, analyzing and drafting modifications to local law. The Legal Advisor interprets, advises, counsels, and performs difficult and complex legal research on the application of U.S. and Bangladesh laws and regulations, and USAID regulations and directives, and arranges for local legal counsel and opinions where Bangladesh laws and regulations are involved, and leads reconciliation of differences of opinion with respect to applicable laws and regulations. The Legal Advisor must understand Agency vision and the Mission's goal. S/He must foresee not only possible problems in achievement of such vision, but also outline strategies for success, with a clear focus on practical solutions. This necessitates a mastery of current Agency policy, legal parameters and leadership skills to manage for results. The Legal Advisor remains current on local law and US law (including the Foreign Assistance Act [FAA], and annual appropriations acts), regulations affecting USAID programs and operations (including the Foreign Acquisition Regulations [FAR], Code of Federal Regulations [CFR] and Office of Management and Budget [OMB] Circulars), the Automated Directive System (ADS), the Foreign Affairs Manual (FAM), and the Standard Rules of Ethical Conduct. The Legal Advisor reviews and analyzes issues for compliance with US law, including disposition of assets/property issues; source, origin, and nationality issues; participant training; bilateral issues; and, waivers, tax, and customs questions. The Legal Advisor drafts proposed letters to Ministry officials and advises on their political ramifications. The Legal Advisor provides guidance to Mission personnel on their proposed contacts with government officials and donors, e.g., what approach to use, and what to look for or to avoid. The Legal Advisor is an ethics expert and develops ethics trainings, and provides counsel on routine ethics issues, and reviews confidential disclosure forms. b. Host Government Communications and Liaison The Legal Advisor serves as an expert on policy and legal matters and must be able to communicate current laws and Agency policy to all staff, Government of Bangladesh officials, and other donors. It is essential that the Legal Advisor be able to represent the Agency's position on legal and policy matters, some of which may be controversial matters and diplomatically explain USAID's position. S/He must be able to chair intra-agency and other meetings, with the goal of reaching consensus on sophisticated matters of law and policy as well as programmatic direction. The Legal Advisor liaises with, and is a resource for, the host government entities involved in project implementation. The Legal Advisor negotiates and drafts agreements with host country counterparts to achieve development results, negotiates with other donors and public international organizations. Such liaison is required because USAID has significantly increased the provision of direct funding to the GoB in connection with the implementation of assistance projects, requiring USAID to increase efforts to build capacity, and to ensure transparency and accountability, and to train and guide the GoB in managing USG funds and in the implementation of programs/projects/activities in a manner consistent with USAID regulations. As needed, the Legal Advisor provides training on the use of USAID implementation mechanisms, and on compliance with USAID regulations. The Legal Advisor must be proactive in facilitating communications between USAID and host-government entities. The Legal Advisor participates in the monitoring of host-government implemented programs/projects/activities to help ensure compliance with agreement terms and USAID regulations. c. Partner Communications and Liaison The Legal Advisor liaises with IPs on behalf of USAID, in relation to legal and ethical issues affecting the USG and USAID. The Legal Advisor negotiates and drafts instruments to serve mutual aspirations, and serves as a legal and policy resource for all implementing partners. Work requires the Legal Advisor to be proactive in facilitating communications amongst and between USAID cooperating agencies in Bangladesh and their local partners, in a timely manner. Communications may be in person, by phone, or in writing. Contacts with IPs are for the purpose of: maintaining dialogue to determine if legal or ethical issues arise in relation to USG, USAID, or IP operations during program/project/activity implementation; in support of legal reforms, rule of law issues, corruption issues, and/or human rights issues; to maintain regular communications regarding potential issues that may arise; to collect, obtain, and verify factual information pertaining to program/project/activity planning and implementation (e.g., statistics, activity progress reports, and proposals), as required; and, to actively monitor and evaluate whether legal or ethical issues have been resolved. d. Official Interaction and Association The Legal Advisor is expected to build and maintain productive professional working relationships with all categories of Mission employees and others (e.g., USAID/Bangladesh, other USG agencies, US-based partners and their local partners, etc.); Bangladesh governmental officials; US Embassy counterparts; the USAID/Washington Office of General Counsel; and, other USAID/Washington Bureaus and Offices, as appropriate. Supervisory Relationship The USPSC Legal Advisor will, in collaboration with the USDH Deputy Mission Director, establish annual work objectives and performance measures; review work outputs and accomplishments to ensure compliance with Agency policies and implementation of best practices; provide regular feedback throughout the Performance Evaluation Period; and provide annual performance evaluations. As the Legal Advisor will work with a high degree of independence, the Legal Advisor is expected to establish his/her own priorities, adhere to and meet established deadlines, and perform responsibilities and duties with minimal guidance and limited follow up. Frequent in-country travel should be considered a requirement. The Legal Advisor may also receive direct assignments from the Mission Director. 12. PHYSICAL DEMANDS The work requested does not involve undue physical demands. The work requested is generally sedentary and poses few physical demands. The selected candidate must obtain medical clearance from State/MED in order to deploy to post. II. MINIMUM QUALIFICATIONS REQUIRED FOR THIS POSITION To be considered for the position, a candidate must meet the Minimum Qualifications listed below. Education: Completion of a University/College Degree and an advanced Degree (JD or equivalent, a LLM, or a LLB) in law is required. The Legal Advisor must be licensed to practice law in the United States and have an active membership in a State Bar jurisdiction. Prior Work Experience: The Legal Advisor position requires a minimum of ten years of legal experience, with at least five years of overseas experience at a USG Agency, NGO, or other international/local organization. Job Knowledge: A comprehensive knowledge of the concepts, principles, techniques, and practices in the area of law is required. Past work experience with and knowledge of taxation, labor law, contracts, and business and non-profit organizations, structures, and registration requirements is required. Past work experience with legal reform, rule of law, anti-corruption, public sector transparency and accountability initiatives, capacity assistance to judicial branches of government, and legislation development activities is desired. Knowledge of appropriate government and non-government entities is critical to successful performance in the position and is required. Skills and Abilities: The Legal Advisor is required to obtain, analyze, and evaluate a variety of legal data; organize and present legal and technical information in concise written and oral form; identify, explain, and resolve important and complex legal issues independently; furnish information and advice/counsel in assigned areas objectively; follow oral instructions, and organize, prioritize, and follow through on assignments with minimal oversight; and, focus on details. Work requires proficiency in word processing, spreadsheets, databases, and other computer applications (i.e. Microsoft Word, Excel, PowerPoint, Outlook, etc. USAID will not pay for any expenses associated with the interviews unless expenses are preauthorized. Reference checks may be conducted on those candidates selected for an interview. The candidate's references must be able to provide substantive information about his/her past performance and abilities. III. EVALUATION & SELECTION FACTORS Education 10% Prior Work Experience 40% Knowledge, Skills and Abilities 20% Interpersonal Skills 30% NOTE: Please be advised that references may be obtained independently from other sources in addition to the ones provided by an applicant. OTHER AREA OF CONSIDERATION: To meet basic eligibility requirements, the offeror must: - Be a U.S. Citizen; - Submit a complete offer as outlined in the solicitation section titled APPLYING; - Be able to attain security clearance at the "Secret" level; - Be able to obtain a Department of State medical clearance; - Be willing to travel to work sites and other offices as/when requested. - Complete Foreign Affairs Counter-Thread (FACT) Training before arriving in Dhaka. TERM OF PERFORMANCE The base term of the contract may be for a period up to 12 months, which may be extended upon mutual agreement and subject to, continued need, satisfactory performance and availability of funds. The mission may consider applicants who express interest in the position for less than the 12 month period and may award more than one contract with one or more applicants to cover the time period. However, preference will be given to qualified candidates who are available for the entire required contract period. This position has been classified as equivalent to a GS-15 position in the USG Civil Service. The actual salary of the successful candidate will be negotiated depending on qualifications and previous salary history. In addition to the basic salary, differentials and other benefits in effect at the time and which are applicable and subject to change on a similar basis as for direct-hire USG employees will be added. SECURITY AND MEDICAL CLEARANCE The USPSC will be required to complete a full physical examination (including relevant immunizations) from his/her own physician and then obtain a medical clearance from State M/MED prior to service overseas. Also, USAID/Bangladesh must initiate a security clearance prior to the Contractor's travel to post of duty. Until a temporary or final adjudication of a security clearance is received, the contract shall not be signed. If candidate fails to obtain a medical clearance within six months and a security clearance (temporary or full) within nine months, the offer may be retracted. Candidate must not appear as an excluded party in the System for Award Management (SAM.gov). IV. SUBMITTING AN OFFER: Interested candidates must submit the following: 1. Eligible offerors are required to complete and submit the offer form AID 309-2, "Offeror Information for Personal Services Contracts," available at http://www.usaid.gov/forms or at https://www.usaid.gov/forms/aid-309-2. Applicants are required to complete sections A through I. This form MUST be physically signed and scanned. Electronic signatures will NOT be accepted. 2. A cover letter of no more than two (2) pages that demonstrates how the candidates' qualifications meet the work requirements and a statement certifying the date and length of time for which the candidate is available for the position. 3. A curriculum vitae (CV) which describes education and career experiences and achievements. In order to fully evaluate your application, your CV must include: a. Paid and non-paid experience, job title, location(s), dates held (month/year), and hours worked per week for each position. Dates (month/year) and locations for all field experience must also be detailed. 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. Education and any other qualifications including job-related training courses, job-related skills, or job-related honors, awards or accomplishments. 4. Names, contact numbers, and e-mail addresses of three professional references from individuals who are not family members or relatives. Offers must be received by the closing date and time specified in Section I, item 3, and submitted to the email address as given below. 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 offers for the intended position, candidates must prominently reference the Solicitation number in the offer submission. SUBMIT APPLICATION PACKET ELECTRONICALLY: Interested candidates should send above electronically to dhakajobs@usaid.gov, to the attention of the addresses indicated below. 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. E-mail applications must be received by the closing date and time specified in the solicitation. Attention: Supervisory Executive Officer USAID HR Section/Executive Office USAID/Bangladesh Only qualified and shortlisted candidates will be contacted. Additionally, only candidates that are interviewed will be notified if the position is filled. V. LIST OF REQUIRED FORMS FOR PSC HIRES Once the Contracting Officer (CO) informs the successful Candidates about being selected for a contract award, the CO will provide the successful Candidate instructions about how to complete and submit the following forms. 1. Medical History and Examination Form (Department of State Forms) 2. Questionnaire for Sensitive Positions for National Security (SF-86), or 3. Questionnaire for Non-Sensitive Positions (SF-85) 4. Finger Print Card (FD-258) Forms 1 through 4 shall be completed only upon the advice of the Contracting Officer that a candidate is the successful candidate for the job. Do not submit forms 1 through 4 with your application. VI. BENEFITS/ALLOWANCES As a matter of policy, and as appropriate, a USPSC 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) Sunday pay (h)* Shipment and storage of household effects (i)* Shipment of POV (Private Own Vehicle) (j)* Access to Embassy medical facilities, and pouch mail service (k)* Transportation to Post (l)* Housing 2. ALLOWANCES* Section numbers refer to rules from the Department of State Standardized Regulations (Government Civilians Foreign Areas): (a)* Post Allowance (COLA) (Section 220) (b)* Separate Maintenance Allowance (Section 260) (c)* Education Allowance (Section 270) (d)* Education Travel (Section 280) (e)* Post Differential (Chapter 500) (f)* Payments during Evacuation/Authorized Departure (Section 600) * Note: Resident Hire USPSCs are not eligible to receive these benefits and allowances. Resident Hire means a U.S. citizen who, at the time of hire as a PSC, resides in the cooperating country as a spouse or dependent of a U.S. citizen employed by a U.S. government agency or under any U.S. government-financed contract or agreement, or for reasons other than for employment with a U.S. government agency or under any U.S. government-financed contract or agreement. VII TAXES USPSCs are required to pay Federal income taxes, FICA, Medicare and applicable State Income taxes. VII. USAID REGULATIONS, POLICIES AND CONTRACT CLAUSESPERTAINING 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. CIBs and AAPDs contain changes to USAID policy and General Provisions in USAID regulations and contracts. Please refer to the following link to determine which CIBs and AAPDs apply to this contract: http://www.usaid.gov/work-usaid/aapds-cibs 5. ADS 309 - Personal Services Contracts can be found at: https://www.usaid.gov/sites/default/files/documents/1868/309.pdf 6. 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. -----x-----