Solicitation No.: 720-121-24-R-10003

Position Title: Legal Advisor

Issuance date: March 28, 2024

Closing date and time: April 11, 2024, at 11:59 p.m. Kyiv Time

Work hours: 40 hours (Full time)

Position Grade: FSN-12

Market Value: Basic Annual Rate (in U.S. Dollars): $57,423 - $74,644 In accordance with AIDAR Appendix J and the Local Compensation Plan of USAID/Ukraine. Final compensation will be negotiated within the listed market value.

Place of Performance: Kyiv, Ukraine

Period of Performance: Five (5) years contract with the possibility of extension

Security Level Required: Facility Access

STATEMENT OF DUTIES:

The position is located in the office of the Mission Director for USAID/Ukraine (Mission). The incumbent works with the Resident Legal Officer (RLO) and Supervisory Resident Legal Officer (SRLO) but reports directly to the SRLO. The incumbent is the primary legal advisor to the Mission on all matters related to local law and government regulations in Ukraine. The incumbent provides advice and counsel to the Mission and is required to act with substantial independence and little direct supervision. The incumbent is the authority on all matters related to local law in the Mission. This advice informs major legal, contracting, and policy decisions by Mission management. The incumbent also provides legal advice on local law to officials at the very highest levels within the embassy in Kyiv, including the Ambassador, Deputy Chief of Mission, and the U.S. Assistance Coordinator. The incumbent also provides leadership outside of the U.S. Government (USG), advising other bilateral and multilateral donors on legal and policy matters, and working directly with host government officials and bodies at the very highest levels. Consequently, the incumbent must possess impeccable judgment, political astuteness, persuasive written and oral skills, ability to devise sophisticated approaches to highly complex “gray-area” issues and be able to fully internalize and articulate USG assistance priorities in Ukraine and the region more broadly.

MAJOR DUTIES AND RESPONSIBILITIES:

A. Legal Management, Advice, and Counsel – 70%

1. Relying on deep expertise of relevant policies and programs and in-depth knowledge of all aspects of local law that affect USAID, the incumbent must anticipate and identify complex and often unique legal issues. The incumbent must independently triage issues and counsel USAID management, technical offices, and support offices on courses of action to avoid harm and operate efficiently and in compliance with law.

2. The incumbent will help design USAID activities, implementing instruments, and other documents to ensure compliance with local law and practice. The incumbent will also advise on various aspects of activity implementation. This includes coordinating with teams across the Mission at several stages in the planning, development, and implementation of activities. This includes first reviews of a variety of documents (such as activity and pre-obligation checklists and other documents as instructed by the SRLO) for clearance for the Resident Legal Office.

3. The incumbent is the Mission’s primary advisor on all complex legal issues related to project and partner registration under local law. In addition, the incumbent will advise on tax laws and their potential impact on USAID programs. This requires a deep understanding and ability to apply a complex system of local laws as well as expertise in interpreting and applying USAID’s bilateral agreement(s) with the host government.

4. The incumbent must draft and negotiate Development Objective Agreements (DOAGs) with the host government, propose and negotiate amendments, and monitor compliance with the provisions of the agreements. This requires interaction with several offices within the Mission as well as numerous host government officials. Negotiations and drafting must be done in multiple languages.

5. The incumbent advises the Mission on all aspects of local litigation that affect USAID, its employees, or implementing partners. Interfaces with the U.S. Department of Justice and State/L as necessary on litigation and, as requested, proposes and drafts settlement agreements.

6. The incumbent directs and monitors outside local legal counsel USAID may engage in areas such as local labor and employment law and local real property law.

7. The incumbent supports technical teams in the creation, review, and analyses of memoranda of understanding, implementing procedures for bilateral agreements, and other legal documents. The incumbent participates in negotiations on proposed memoranda and agreements.

8. The incumbent serves as the USAID Mission’s primary point person for knowledge of and interpretation of local labor laws and research local labor law cases, as needed. Researches and provides updates on the Local Compensation Plan and Locally Employed Staff Handbook. Provides advice to Mission management on related matters (e.g. sexual harassment, misconduct, or disciplinary actions or dismissal procedures under local law).

9. The incumbent revises or supports revision of key Mission Orders and other Mission documentation, as needed.

10. The incumbent tracks and analyzes legislative and regulatory initiatives in Ukraine and prepares analytical reports on executive and legislative activities/developments affecting USAID or its partners for the S/RLO, senior Mission management, and the technical offices. The incumbent stays current with the laws and regulations in Ukraine.

11. The incumbent maintains familiarity with the laws of the U.S. affecting USAID programs and operations (including the Foreign Appropriations Act and annual appropriations acts passed by the U.S. Congress), regulations affecting USAID programs and operations, including but not limited to the Federal Acquisition Regulations (FAR), AID Acquisition Regulation (AIDAR), the USAID Automated Directives System (ADS), the Foreign Affairs Manual (FAM), and the Standard Rules of Ethical Conduct.

12. The incumbent analyzes and evaluates policies affecting USAID program activities in Ukraine, including tax issues as they pertain to the USAID programs and registration of implementing partners for tax exemption status and prepares analytical reports for key officials of the Mission.

13. The incumbent drafts proposed letters to Ministry officials and advises on political ramifications, including advising Mission personnel on proposed contacts with government officials, e.g., what approach to use, and what to look for or to avoid.

14. If applicable and as required, the incumbent assists in the design, drafting, and review of Government-to-Government (G2G) agreements and their implementation, including participating in guidance to technical offices and host government counterparts on interpretation, verification of compliance, and other analyses as required.

B. Outreach and Coordination — 20%

1. The incumbent represents the USG on host government and donor-led councils and working groups as an acknowledged expert on local law. The incumbent drafts and reviews proposed changes to local law to ensure compliance with development principles and, in particular, to ensure USAID’s programs and implementers are treated fairly and in compliance with Agency policies.

2. The incumbent represents USAID in meetings and negotiations with host government officials. These interactions may involve complex issues related to U.S., local, and international law. The incumbent must be able to persuasively advocate for USG interests in these fora. Issues can include, but are not limited to, efforts to impose tax and duty on U.S. assistance, efforts to regulate U.S. technical assistance, government harassment of implementing partners and employees, and banking/financial regulations imposed on implementers.

3. The incumbent serves as a leader in managing international donor efforts to monitor and reform local procedures related to registration of international technical and humanitarian assistance activities.

4. The incumbent maintains contacts with members of the private bar and judicial officials on matters of local law in the Ukraine.

C. Training and Counseling -- 10%

1. The incumbent trains American lawyers in the Resident Legal Office on matters related to Ukrainian law, including mentoring and training related to Ukrainian politics and government functions. Training may also be made available to staff outside the Resident Legal Office.

2. The incumbent develops and provides on-going training to USAID staff members on various USAID legal and policy matters, including training Agreement/Contracting Officer’s Representatives for compliance with U.S. law including how to spot legal issues, complete pre-obligation documents, handle disposition of assets/property issues, and address issues relating to source and nationality and tax exemptions.

3. The incumbent assists the development of the content of annual ethics training sessions for Ukraine staff. As requested, the incumbent participates in ethics training for USAID personnel and may deliver these training in the presence of the RLO.

4. The incumbent researches complex ethics issues and drafts opinions for review/signature by RLOs, who serve as Deputy Agency Ethics Officials.

The contractor is eligible for temporary duty (TDY) travel to the U.S., or to other Missions abroad, to participate in the "Foreign Service National" Fellowship Program, in accordance with USAID policy.

Supervisory Relationship: The position reports directly to the Supervisory Resident Legal Officer. The incumbent will work directly with the Resident Legal Office, Mission management, and technical and support offices. The advice and work product of the position will often be prepared independently and provided directly to the client without review. Also, in settings outside the office, the incumbent must represent the Agency and USG independently and without direct supervision.

Supervisory Controls: As the Legal Advisor, this position does not directly supervise other positions.

PHYSICAL DEMANDS: The work requested does not involve undue physical demands.

QUALIFICATIONS REQUIRED FOR EFFECTIVE PERFORMANCE:

Education: Minimum of a Juris Doctor (U.S. law degree) or local Master of Law degree (Juris Doctor equivalent) is required.

Work Experience: Minimum of seven years of progressively responsible legal experience, with at least three years of this experience with other Government Agency, a private law firm, a Ukrainian Ministry or other governmental agency, a donor organization, or an international/local organization is required.

Language Proficiency: Fluent (Level IV) English and native fluency in Ukrainian in speaking, reading, and writing. Must also be fluent in English and Ukrainian legal vocabulary.

EVALUATION AND SELECTION FACTORS:

The Government may award a contract without discussions with offerors in accordance with FAR 52.215-1. The Contracting Officer reserves the right at any point in the evaluation process to establish a competitive range of offerors with whom negotiations will be conducted pursuant to FAR 15.306(c). In accordance with FAR 52.215-1, if the Contracting Officer determines that the number of offers that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of offerors in the competitive range to the greatest number that will permit an efficient competition among the most highly rated offers. The FAR provisions referenced above are available at https://www.acquisition.gov/browse/index/far.

The technical evaluation committee may conduct reference checks, including references from individuals who have not been specifically identified by the offeror, and may do so before or after a candidate is interviewed.

Selection Process and Basis of Evaluation: Offerors who meet the minimum education and work experience qualification requirements will be further evaluated through review of the offeror’s submitted required documents (see points below) and ranked based on the evaluation and selection factors. A competitive range may be established of the highest-ranked offerors, who may be further evaluated through technical/language tests, interviews, and reference checks to determine the most qualified/highest-ranked offeror. Reference checks may be conducted with individuals not provided by the offeror, and without prior notification to the offeror. Any offeror not receiving satisfactory reference checks will no longer be considered for the position. Negotiations may be conducted with the most qualified/ highest-ranked offeror at the conclusion of evaluations.

40 points – Job Knowledge:

• Must be fully licensed to practice law in Ukraine. Documentary evidence of license and qualifications will be required prior to engagement.
• Must possess a strong understanding of the functioning and practical realities of the Ukrainian government (at the national and regional levels) and the Parliament.
• Must have knowledge in different areas of law: international law, constitutional law, tax law, customs law, contract law, labor law, intellectual property law.
• Must understand U.S. and local business practices and private sector finance.
• At the full performance level, the Legal Advisor is expected to be an expert on the internal workings and structure of USAID and increase the knowledge of technical teams and support offices in understanding the rules and procedures of the agency. Becoming such an expert is the crux of the job.
• At the full performance level, the Legal Advisor must learn and maintain advanced knowledge of established Agency policies, procedures, and regulations, with detailed on-going training of all aspects of the ADS, including: USAID-specific laws that govern USAID activities, including but not limited to: the Foreign Assistance Act, Code of
• Federal Regulations (CFR) sections applicable to USAID, FAM, AIDAR, FAR, and Standards of Conduct for Employees of the Executive Branch.
• The knowledge of the organization will increase through USAID specific courses, highly specialized USAID legal training, and on-the-job experience so that the Legal Advisor may perform at the full performance level.

60 points – Skills and Abilities:

• Superior tact, judgment, analytical, interpersonal, and communication skills are required. The incumbent must be able to exercise excellent diplomatic skills and be trusted to represent the USG to non-USG individuals and entities including host governments, other donor governments, United Nations and other public international organizations, local and international implementing partners, and civil society organizations.
• Ability to quickly process and integrate extremely complex information in multiple languages, distill that information, explain it, and then provide authoritative advice.
• Exercise of independent judgment in projecting future developments and trends.
• Excellent legal drafting skills and the ability to create documents that comply with U.S. and other country law and policy.
• Must be able to maintain high-level contacts and relationships within the embassy community, the Ukrainian government, and the private sector, including with the local bar.
• Must be able to provide effective oral presentations and training, as needed.
• Must understand USAID’s role within the USG and Embassy community.

TOTAL POSSIBLE POINTS: 100 points

HOW TO APPLY:

Eligible Offerors are requested to submit a complete application package which must include all the required documents in English electronically to kyivvacancies@usaid.gov with Subject line: Legal Advisor (720-121-24-R-10003).

ANY/ALL application submissions received after the closing date will not be considered.

REQUIRED DOCUMENTS:

Cover Letter: A memo or email that outlines how your qualifications and experience meet the selection criteria.

Application for Employment (DS-174): The form can be downloaded from this link https://eforms.state.gov/Forms/ds174.pdf.

Offerors must thoroughly complete the DS-174 form in English and are advised to include all of their current and previous work experience related to this position. Offerors may use continuation pages to further explain their relevant work experience, if needed. AND;

Current Resume/Curriculum Vitae (CV): The CV/resume must contain sufficient relevant information to evaluate the applications in accordance with the stated technical evaluation criteria, listed above.

IMPORTANT:

IN ORDER TO HAVE YOUR APPLICATION CONSIDERED, YOU MUST SUBMIT ALL THREE REQUIRED DOCUMENTS. IF YOU OMIT ANY OF THE REQUIRED DOCUMENTS, COVER PAGE, CV or DS-174 FORM, YOUR APPLICATION WILL NOT BE CONSIDERED.

Note:

• Only short-listed candidates will be notified.
• This vacancy is open to Ukrainian Nationals (Ukrainian Nationals (Residency/Ukrainian Work Permit Required).
• Applications with insufficient, incomplete and inconsistent information to make a determination will not be considered.
• No in-person appointments or telephone calls will be entertained.
• Offerers who are applying for this position must fully meet the education requirement (graduated and degree and/or diploma already received) as specified. At the time of applications, candidates must also meet in full the experience requirement.
• Short-listed candidates will be requested to provide educational documents such as degrees, diplomas, certificates and other pertinent documents as needed. Failure to provide the required documentation will result in the rejection of their application from further consideration.
• The Agency retains the full right to cancel or amend the solicitation and associated actions at any time.

BENEFITS/ALLOWANCES:

As a matter of policy, and as appropriate, a CCN PSC is normally authorized the following benefits and allowances in accordance to the Mission Policy:

BENEFITS

• Health and Life Insurance coverage: Provided under the Compensation Plan.
• Defined Contribution Plan: Upon separation, a lump sum benefit equal to 12% of the basic salary earned for the duration worked under the appointment.

ALLOWANCES (as applicable)

• Meal Allowances: The annual amount is $853 for employees working on a full-time basis.
• Family Allowances: The mission provides a child allowance. Grants amounts are subject to change as determined by the Ukrainian State Budget Law.
• Unique Conditions of Work Allowances/ Benefits: 10% of Basic Rate Additional information may be provided to the selected offeror at the time of the salary offer.

TAXES:

Taxes apply and are deductible as per the Ukrainian government regulations.

USAID REGULATIONS, POLICIES AND CONTRACT CLAUSES PERTAINING TO PSCs:

USAID regulations and policies governing CCN and TCN PSC awards are available at these sources:

• USAID Acquisition Regulation (AIDAR), Appendix J, “Direct USAID Contracts with a Cooperating Country National and with a Third Country National for Personal Services Abroad,” including contract clause “General Provisions,” available at https://www.usaid.gov/ads/policy/300
• Contract Cover Page form AID 309-1 available at https://www.usaid.gov/forms.

Pricing by line item is to be determined upon contract award as described below:

LINE ITEMS

Acquisition & Assistance Policy Directives/Contract Information Bulletins (AAPDs/CIBs) for Personal Services Contracts with Individuals available at http://www.usaid.gov/work-usaid/aapds-cibs

USAID Acquisition and Assistance Policy Directives (AAPD-20-08): Leave and Holidays for CCNs and TCNs, available at https://www.usaid.gov/work-usaid/aapds-cibs/aapd-20-08

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

PSC Ombudsman:

The PSC Ombudsman serves as a resource for any Personal Services Contractor who has entered into a contract with the United States Agency for International Development and is available to provide clarity on their specific contract with the agency. Please visit our page for additional information: https://www.usaid.gov/work-usaid/personal-service-contracts-ombudsman.

EQUAL EMPLOYMENT OPPORTUNITY (EEO):

The U.S. Mission in Ukraine provides equal opportunity and fair and equitable treatment in employment to all people without regard to race, color, religion, sex (including pregnancy, sexual orientation, gender identity, or transgender status), national origin, age, physical or mental disability, genetic information, religion, marital or parental status, veteran status, membership in an employee organization, political affiliation, or involvement in protected equal employment opportunity (EEO) activity. USAID/Ukraine also strives to achieve equal employment opportunities in all personnel operations through continuing diversity enhancement programs.

The EEO complaint procedure is not available to individuals who believe they have been denied equal opportunity based upon marital status or political affiliation. Individuals with such complaints should avail themselves of the appropriate grievance procedures, remedies for prohibited personnel practices, and/or courts for relief.