Democratic Republic of the Congo: Solicitation for Third Country National/US Personal Service Contractor - Senior Extractive Industries and Public Private Partnership Advisor

TCNPSC/USPSC Solicitation

Solicitation for Third Country National (TCN) or United States Personal Service Contractor (US PSC) for USAID/DRC

SOLICITATION NO.: SOL-660-15-000022

ISSUANCE DATE: September 11, 2015

CLOSING DATE/TIME: October 2, 2015 – 17:00 Kinshasa, DRC Time

POSITION TITLE: Senior Extractive Industries and Public Private Partnership Advisor

MARKET VALUE: GS-15 ($101,630 to $132,122)

PERIOD OF PERFORMANCE: Initially two years with possibility for extension

PLACE OF PERFORMANCE: Position is based at the USAID office in Kinshasa, DRC. Travel will be required up to 20% of the time, including travel to areas heavily affected by extractive industries such as the former provinces of Katanga, Orientale, North Kivu and South Kivu.

SECURITY ACCESS: Secret

AREA OF CONSIDERATION: Third Country National (TCN) or United States (US) Personal Services Contractor (PSC)

STATEMENT OF WORK

A. BACKGROUND

1. Country Context

The Democratic Republic of the Congo (DRC) is the second largest country in Africa in terms of area and the fourth largest in terms of population. It has unparalleled natural resource wealth, including cobalt, copper, gold, tantalum, tin, diamonds, and petroleum. It has abundant water resources, sufficient for consumption, agriculture, and environmental protection, but also enough to power all of Africa. It has the second highest agriculture potential on the continent, over 60 percent of the second largest forest basin and carbon stocks in the world, and substantial fish and livestock resources.

However, the DRC is also a country plagued by chronic conflict, violence against women and children, disease, famine, corruption, and extreme poverty. Despite all its extraordinary resource endowments, DRC’s development progress continues to be elusive. The DRC has the highest rate of extreme poverty in the world, and the fifth largest absolute number of people who are extremely poor. It is one of the hungriest countries in the world, according to the International Food Policy Research Institute’s Worldwide Hunger Index, exploiting only a small fraction of its agriculture potential. In 2014, the DRC tied for second to last on the United Nations Human Development Index, as well as the Gender Inequality Index.

The biggest impediment to the DRC’s development is poor governance. The DRC has been described not only as a failed state, but also a non-state because of its lack of sovereignty outside of its urban centers, leaving two thirds of the population beyond the purview of the central government. In areas where the government does control the territory the government often acts in a predatory manner. Because the DRC has never had effective governance, the challenges for development are immense, including addressing the decrepit state of infrastructure and lack of basic social services across the country. Two decades of conflict in eastern DRC continues to drain resources and divert attention from development priorities for the country as a whole.

Nonetheless, the country has made measureable progress in recent years. The 2013 signing of the Peace, Security, and Cooperation Framework in Addis Ababa, between 11 African countries and four regional bodies, accompanied by the appointment of high-level international envoys to the region, created a sense of optimism in the international community of the prospects for peace. Between 2007 and 2013, under-5 child mortality decreased 30 percent from 148 to 104 deaths per 1,000 live births. The number of children who enrolled in primary school on time increased from 58 percent in 2011 to 67 percent in 2012, the last year that data is available. On average, the DRC achieved a 6 percent annual growth over the last decade, including 8.7 percent GDP growth in 2014.

2. USAID/DRC Sector Context

Extractive Industries

The DRC’s resources, if transparently and equitably managed, will be the primary drivers for economic growth, extreme poverty reduction, and development success. Despite the enormous mineral and natural resource wealth and recent increases in production, the DRC remains one of the poorest countries in the world. Currently, the DRC’s extractive resources are neither effectively managed nor directed toward the public good.

The mining of tin, tantalum, tungsten, and gold have been linked to civil unrest and human rights violations in the eastern provinces of the DRC since the late 1990s. During the early 2000s, reports published by the United Nations Group of Experts (GoE) on the Democratic Republic of the Congo and other non-governmental organizations identified foreign and domestic armed groups that sought to profit from the production and trade of these minerals (collectively known as “3Ts and gold”). These groups took control of or generated revenues from many artisanal mining operations in DRC’s eastern provinces of Katanga, Maniema, North Kivu, Orientale, and South Kivu. The revenues collected through the production and sale of 3Ts and gold from mining areas under their control reportedly continue to perpetuate civil unrest in the DRC. The international community, through a multi-stakeholder process, including the International Conference on the Great Lakes Region (ICGLR), the Organization for Economic Cooperation and Development (OECD), and the UN GoE, has responded by developing voluntary due diligence guidance for minerals from conflict-affected and high-risk areas. This guidance helps companies avoid financially contributing to armed groups who are engaging in violent conflict and human rights abuses in the DRC and the Great Lakes Region of Africa. In 2010, the U.S. Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act, containing a provision (Section 1502) designed to eliminate the DRC’s conflict minerals role in U.S. supply chains. This provision requires U.S. end-users and stakeholders in the DRC and Great Lakes region to undertake and advocate for efforts to reform the DRC’s mining sector. This has created powerful pressure for reform, and has also set in motion changes to the political, economic, and military dynamics on a much more rapid timeframe than anticipated.

To address the problem of conflict minerals in the artisanal and small-scale mining sector in the DRC, USAID has a Responsible Minerals Trade (RMT) Program valued at approximately $15 million over three years, designed to put in place a conflict-free supply chain, promote civilian control of the minerals sector, ensure vulnerable populations are protected, and support regional auditing and monitoring of conflict-free minerals (3T’s and gold). USAID coordinates with other U.S. Government agencies including the State Department’s program which ensures secure policing of conflict-free minerals, the government of the DRC, donors, the private sector, and civil society.

To date, USAID has assisted in the validation of approximately 140 mine sites as conflict-free, out of an estimated 1,500 to 2,000 sites in eastern DRC. Additionally, USAID is in the process of setting up an alternative due diligence traceability system for the 3T minerals as well as piloting a gold traceability system. The program also provides capacity building to the International Conference on the Great Lakes Region (ICGLR) including support for creating an Independent Mineral Chain Auditor (IMCA) and the deployment of the ICGLR’s Regional Certification Mechanism. Finally, the program strengthens private sector confidence in the region’s minerals trade in order to build greater linkages between large-scale and artisanal mining to strengthen future private sector investments in legal, transparent, and conflict free mineral supply chains.

In addition to the extraction of high-value mineral resources from the conflict prone and environmentally sensitive region of eastern DRC, domestic interests and foreign investors have progressively scaled up exploration of oil and gas reserves. Oil and gas exploration in Virunga National Park and Lake Tanganyika have been the source of international controversy due to the threat to biodiversity in the region.

Public Private Partnerships

Following years of war and unrest, and despite the continued violence that plagues the eastern part of the country, the DRC economy grew at over 9 percent last year, exceeding the average of other developing countries in Sub-Saharan Africa. However, private sector development remains significantly constrained by a dismal business climate. The DRC is ranked 184 out of 189 countries in “ease of doing business” by the World Bank’s Doing Business Indicators for 2014. In spite of the climate, there are many private sector actors with diverse and active social agendas willing to think creatively. Opportunities for innovative, meaningful, and productive public-private partnerships (PPP) exist in the DRC, and leveraging private sector resources across all technical portfolios is critical to achieve USAID/DRC’s development objectives.

USAID/DRC’s largest PPPs bring together key stakeholders from the global mining supply chain. The Department of State and USAID leveraged private sector interest to establish the Public-Private Alliance (PPA) for Responsible Mineral Trade in the Great Lakes region. The PPA now includes over 135 members from the private sector, government, and civil society. It continues to serve as a resource for stakeholders seeking to establish and pilot conflict-free supply chains and to encourage a responsible minerals trade in DRC. Also in the extractives sector, USAID/DRC is designing partnerships with industrial large-scale mining companies to formalize and legalize artisanal mining on or near their concessions, promote alternative livelihoods, and reduce shared governance barriers to responsible investment.

In the agriculture sector, USAID leveraged private sector resources by partnering with a beverage company Bralima as part of rice intensification project. The partnership supported the construction of irrigation infrastructure, built the technical capacity of farmers, and established commercial linkages between farmers associations, processors, and the brewery. Similarly, in the health sector, USAID partnered with GlaxoSmithKline (GSK) to reduce neonatal and maternal mortality in health facilities in South Kivu. The program improved the quality of intra-partum and neonatal care services at the facility and community levels. Additionally, a partnership was formed with the Tenke Fungurume Mine (TFM) to provide a comprehensive package of HIV care and support and prevention activities in the town of Kasumbalesa. This regional transport corridor initiative reduced HIV risk and mitigated its impact on communities in the targeted areas. With matching funds from TFM, two health centers were constructed and equipped.

Finally, USAID’s Development Credit Authority (DCA) agreements with partner banks have allowed micro-, small- and medium-sized enterprises (MSMEs) to access credit where it previously was not available. A DCA Loan Portfolio Guarantee with Trust Merchant Bank (TMB), in partnership with TFM, created a seven-year guarantee facility, initiated in 2008, to leverage up to five million dollars in loans to promote access to credit for MSMEs.

B. POSTION DESCRIPTION

1. MAJOR DUTIES AND RESPONSIBILITIES

This position is for a Senior Extractive Industries and Public Private Partnership Advisor for the USAID/DRC Mission. The incumbent will report directly to the Mission Director or the Deputy Mission Directors and is expected to serve as an advisor to all technical and strategic teams. The incumbent is expected to be entrepreneurial, resourceful, and innovative to identify and conceptualize promising initiatives and leverage USG, and other donor funds and programs where applicable. Additionally, s/he is expected to exercise considerable independent judgment and initiative in executing all duties and responsibilities, and work with minimal direct supervision. The primary function of the Senior Extractive Industries and Public Private Partnerships Advisor position is to provide high level strategic direction to the USAID/DRC Mission. This will include:

1. Serving as a focal point for USAID engagement with the extractive industries and senior-level host government officials in the sector.
2. Serving as a focal point for USAID engagement with the private sector, including Global Development Alliances, across all technical teams.
3. Representing USAID and the U.S. Embassy in donor coordination and engaging the appropriate representatives of the Government of the Democratic Republic of the Congo on issues related to improving the enabling environment for the extractive industries.
4. Monitoring trends and strategic opportunities in extractive industries to inform USAID of unique and viable programming options.
5. Providing thought leadership on how USAID support for responsible investment in extractive industries could positively influence democracy and governance, stability and equitable economic growth.
6. Developing relationships and facilitating public private partnerships between responsible companies in extractive industries and relevant USAID/DRC technical sectors (e.g. agriculture, energy, health, democracy and governance).
7. Orienting and training USAID/DRC staff to leverage the private sector and manage public private partnership’s across the mission.
8. Providing council and assistance to the Front Office and technical teams on governance, energy, security and civic issues and engagement.

2. DETAILED DUTIES AND RESPONSIBILITIES:

The Senior Extractive Industries and Public Private Partnership Advisor will advise the Front Office and all technical teams on strategic planning for USAID’s extractive industries programming and public private partnerships. It is envisioned that the incumbent will spend the majority of his/her time implementing the responsibilities outlined below:

1. Closely interact with the USG inter‐agency team, host country officials, international donor community and international consultants to gather information, identify issues and opportunities, and promote improvements to the extractive industries and wider private sector enabling environment.
2. Represent USAID/DRC to external development partners in a wide variety of events, including conferences, workshops, donor and government meetings, sector-specific working groups on extractive industries and the private sector, and other relevant forums, when appropriate. S/He coordinates information and builds consensus from various organizations. These responsibilities require the incumbent to demonstrate highly developed professional judgment and to provide technical direction.
3. Engage in policy level discussions on relevant DRC laws, regulations or codes related to extractive industries and the private sector enabling environment with a particular focus on increasing transparency, accountability and the effectiveness of the regulatory framework.
4. Research barriers and challenges to strengthening transparency within extractive industries and private sector enabling environment. Additionally, research the linkages between the illicit exploitation of natural resources and conflict in eastern DRC.
5. Monitor progress and development of key DRC government ministries (e.g. Ministry of Mines, Ministry of Hydrocarbons, Ministry of Plan) as well as other key bodies (e.g. Congolese Chamber of Commerce (FEC), National Agency for Investment Promotion (ANAPI), Centre d’Evaluation, d’Expertise et de Certification des Substances Minérales Précieuses et Semi‐précieuses (CEEC) and the DRC’s small scale mining service, *Le Service d'Assistance et d'Encadrement*of Small‐Scale Mining -SAESSCAM).
6. Ensure effective coordination of USAID public private partnerships and extractive industries activities with other USG agencies, strengthen international cooperation with donors, the GDRC, NGOs, and other stakeholders. Promote expansion of effective strategies and approaches to assist the DRC in achieving its goals to control and regulate the trade of natural resource commodities.
7. Advise on international principles, standards and procedures in the DRC including, but not limited to, the Voluntary Principles on Security and Human Rights and the Extractive Industries Transparency Initiative (EITI).
8. Provide Mission-wide strategic, technical, and organizational leadership to increase engagement with the private sector and identify common development goals.
9. Identify strategic opportunities for increased private sector engagement across the USAID/DRC portfolio and help teams facilitate PPPs. This will include conducting due-diligence on potential USAID partner companies.

C. POSITION ELEMENTS

1. Supervision Received /Exercised: The Senior Extractive Industries and Public Private Partnership Advisor will work under the general and specific supervision and policy guidance of the Mission and Deputy Mission Directors, USAID/DRC. The Mission and Deputy Mission Directors have executive oversight of the programs, personnel, and fiscal resources for the Mission. In carrying out specific assignments, the incumbent will consult and work closely with all of the necessary offices within USAID/DRC, the Government of the DRC, other international donors and the Department of State. The incumbent is expected to work independently with limited guidance, take initiative, supervise and direct professional and support FSN staff as required.
2. Available Guidelines and Systems: The incumbent is required to understand and analyze Mission and Agency‐specific policies and procedures which govern activities with the private sector, including extractive industries, in addition to the USAID/DRC established administrative operating procedures, policies and formats. The incumbent will be required to be proactive in keeping abreast of evolving guidelines and policies of the DRC Mission, including but not limited to due-diligence guidelines, the Automated Directives System (ADS), Mission Orders, Mission Notices, USG Procurement regulations, and USAID and State Program Strategy and Policy Documents. S/He will also be able to easily use USG and USAID information management systems, such as the new GLAAS system for posting procurement actions and the Phoenix financial management system for reviewing reports and posting accrual data. S/He will be a certified COR/AOR in order to manage programs, as required.
3. Decision Making / Exercise of Judgment: At the full performance level, it is expected that the incumbent will exercise considerable independence and decision making authority in carrying out duties, subject to final review by the Mission or Deputy Mission Directors.
4. Authority to Make Commitments: The incumbent will have no independent authority to commit USG Mission funds.
5. Nature, Level and Purpose of Contacts: Contacts are with senior management‐type persons within and outside USAID, which may include Congressional staff, other U.S. government officials, and high-level government officials in the DRC and from other countries as appropriate, consultants, contractors, grantees, business executives, and international donors such as the World Bank, UN, EU and other global partners.
6. Complexity: Analyzes inter‐related issues of effectiveness, efficiency, and productivity of individual contracts, grants and cooperative agreements. Develops detailed plans, goals, and objectives for the long‐range implementation and administration of the public private partnerships and programming within the extractive industries. Develops criteria for evaluating the effectiveness of programs. Decisions concerning design, planning, organizing, implementing and evaluating individual activities are complicated by the difficulty of operating in a politically sensitive country.

REQUIRED QUALIFICATIONS:

Education: The incumbent must also have a minimum of a Master’s Degree in a relevant business, governance, economics, or development‐related field.

Prior Work Experience: Minimum of ten years of experience in international governance, building public private partnerships, corporate social responsibility, or a related field that demonstrates professional aptitude in the private sector. At least two years working in the developing world is required.

Language Proficiency: Fluent English language skills (written and oral) and French language skills at the FSI 3/3 level (speaking and reading) are required.

Knowledge: Extensive knowledge of international development, corporate social responsibility, public private partnership and the extractive industries sector is required. Knowledge of USAID procedures and regulations, especially previous award management and Contracting/Assistance Officer Representative experience, is preferred, but is not required.

Skills and Abilities: The incumbent must have proven capacity to analyze the shifting policy and enabling environment and provide strategic and technical guidance and recommendations. S/He will need to have strong interpersonal and teamwork skills, technical and analytic skills and leadership abilities. The incumbent should have a demonstrated ability to build strong relationships with the private sector and represent the USG among senior host‐country and international counterparts. Previous experience in managing USG foreign assistance programs is desirable.

EVALUATION/SELECTION CRITERIA:

Candidates will be evaluated and ranked based on the following selection criteria:

1. Knowledge and Abilities (40 points): Technical background in designing, managing, and monitoring international development programs and/or developing public private partnerships in highly complex and unstable environments. Demonstrated competence in analyzing the policy environment and providing high-level strategic input to improve the private sector enabling environment and/or the extractive industries sector. Capable of representing the US Mission in donor coordination groups, synthesizing information and relaying it for analysis with recommendations for action to key counterparts within the U.S. Mission. Knowledge of relevant international principles, standards and procedures. Knowledge of USAID project development, management, performance monitoring and reporting, and procurement policies and procedures or examples of international organizations that have similar complex reporting and oversight is desirable.
2. Prior Work Experience (30 points): Demonstrated ability to work in a highly complex, unstable, and fast‐paced environment with minimal support. Minimum ten years of relevant prior work experience. Demonstrated ability to serve in senior- level advisory or management positions. At least two years prior experience working in a developing country, preferably a Francophone nation.
3. Communication (20 points): Must be functionally proficient in French (FSI level speaking/reading 3/3). Must be highly fluent in speaking, reading and writing English (FSI 4/4 equivalent). Excellent communication skills in both languages, including ability to analyze laws and policies, represent USAID in donor coordination groups and high-level meetings with the host government. Strong communication skills and ability to work in a multicultural environment is essential.
4. Education (10 points): University graduate degree or equivalent in relevant field (e.g. international development, economics, international law, international relations). A strong technical emphasis or specialization in the areas of policy, marketing, finance, corporate social responsibility and/or trade would also be desirable.

Maximum Points Available: 100

Medical and Security Clearance

If a USPSC is selected, the applicant must be able to obtain a USG Secret Level security clearance within a reasonable time-not to exceed three months; if a TCN is selected, the applicant must be able to obtain a Facilities Access Authorization. The applicant must be able to obtain a Department of State Class I Medical Clearance. The selected applicant must obtain these clearances prior to receiving a contract. All accompanying dependents must also obtain Medical Clearances prior to departure for post. If the contractor fails to receive a secret clearance, the applicant will not receive a contract.

Terms of Appointment

This will be a two-year contract, with 3 one-year options to extend up to a maximum of 5 years, depending on the continued need of the services, the availability of funding and demonstrated performance.

Compensation

This position has been classified at a market value equivalent to the GS-15 level

The actual salary of the successful candidate will be negotiated within that range depending on the qualifications and previous earnings history.

USAID/DRC is a post with a 30% Post differential and currently has a class 50% COLA.

Logistical Support

USAID/DRC shall provide office space, and telephone/fax/e-mail (for communication with USAID officials and others in support of program objectives) as well as travel, lodging, and transportation for official purposes.

FEDERAL TAXES

USPSCs are not exempt from payment of any Federal Income taxes under the foreign earned income exclusion. USPSCs are required to pay Federal Income Taxes, FICA, and Medicare.

BENEFITS AND ALLOWANCES

As a matter of policy however, and as appropriate, a PSC recruited off-shore is normally authorized the following benefits and allowances:

BENEFITS

(1) Employer's FICA and Medicare Contribution*

(2) Contribution toward Health & Life Insurance

(3) Pay Comparability Adjustment

(4) Eligibility for Worker's Compensation

(5) Annual & Sick Leave

(6) Shipment and storage of household effects

(7) Access to Embassy medical facilities, and pouch mail service

* Note: The Contractor’s salary will be subject to employee’s FICA and Medicare contribution.

ALLOWANCES (if applicable, as found in the Standardized Regulations (Government Civilian Foreign Areas) Sections cited below)

(1) Temporary Lodging Allowance (Section 120)

(2) Living Quarters Allowance (Section 130)

(3) Post Allowance (Section 220)

(4) Supplemental Post Allowance (Section 230)

(5) Separate Maintenance Allowance (Section 260)

(6) Educational Allowance (Section 270)

(7) Educational Travel (Section 280)

(8) Post Differential (Chapter 500)

(9) Payments during Evacuation/Authorized Departure (Section 600)

(10) Danger Pay (Section 650)

D. INSTRUCTIONS TO APPLICANTS

Qualified individuals are requested to submit a cover letter, a Offeror Information for Personal Services Contracts Form (AID-302-3) , a resume and three references. The AID 302-3 Form is available at https://www.usaid.gov/forms. The application documents must contain the following information:

1) Personal Information: Full name, mailing address (with zip code), email address, day and evening phone numbers, social security number, country of citizenship, highest federal civilian grade held (also give job series and dates held);

2) Education: colleges and universities, name, city and state, majors, type and year of any degrees received (if no degree, show total credits earned and indicate whether semester or quarter hours);

3) Work Experience: provide the following information for your paid and non paid work experience related to the job for which you are applying (do not send job descriptions); job title (include series and grade if federal job), duties, and accomplishments, employer’s name and address, supervisor’s name and phone number, starting and ending dates (month and year), hours per week, salary. Indicate if we may contact your current supervisor;

4) Other Qualifications: Other pertinent information related to the qualifications required for the position, as noted above including job-related training courses (title & year), job-related skills; for example, other languages, computer software/hardware, job-related certificates and licenses (current only), job-related honors, awards, and special accomplishments, for example, publications, memberships in professional or honor societies, leadership, activities, public speaking and performance awards (give dates but do not send documents unless requested).

5) Applicants are required to provide three references with complete contact information including email address and telephone numbers.

Interested candidates should send above via email to: usaidhrkinshasa@usaid.gov with a copy to Sandra Kiyanga (skiyanga@usaid.gov) and Matthew Corbin (mcorbin@usaid.gov). 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. Applications must be received by the closing date and time specified in the cover letter.

E. CONTRACT INFORMATION BULLETINS (CIBS) PERTAINING TO PSCS

AAPDs and CIBs contain changes to USAID policy and General Provisions in USAID regulations and contracts. Please refer to this website http://www.usaid.gov/business/business_opportunities/cib/subject.html#psc to determine which AAPDs and CIBs apply to this solicitation.