USAID_RFP_7200AA18R00036_Amend_1.pdf

February 23, 2018

SUBJECT: Request for a Proposal (RFP)

REFERENCE: High Energy Biscuits

Dear Vendor:

The United States Government, represented by the U.S. Agency for International Development (USAID) is contemplating the negotiation and award of a contract for the production of High Energy Biscuits (HEBs). Therefore, USAID is seeking a proposal from you in response to the attached statement of work.

The resulting contract will provide HEB supplies in support of ongoing humanitarian missions.

Please review the attachment and submit a proposal no later than 1700 PM Eastern Daylight Time (EDT) on, March 23, 2018, to Prince Boateng, via email Pboateng@usaid.gov.

Your quote must contain the information requested in section L of the solicitation as well as the following

⇒ Price for the proposed activity per net metric tons and optional quantities identified in part II of section L.2 ⇒ Production lead time ⇒ Confirmation of System for Award (“SAM”) Registration

If there are any questions or concerns, please address them to Prince Boateng, via email at Pboateng@usaid.gov by 17:00 AM EDT March 06, 2017. This letter request for proposal in no way obligates USAID to the award of a contract, nor does it commit USAID to pay any costs incurred in the preparation and submission of a quotation.

Respectfully, /s/

Prince Boateng, Contracting/ Agreement Officer U.S. Agency for International Development

Office of Acquisition & Assistance mailto:Pboateng@usaid.gov

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

CODE 16. ADMINISTERED BYCODE

X

X

311821

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORM/OAA/T

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

03/23/2018 1700 ET

02/23/2018

202-567-4104Prince Boateng (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

7200AA18R00036

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 2 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

20523-1000

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

1,250

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

Mgmt. Office Acquisition & Assist.

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED

Prince Boateng

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

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ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

2 2 of

7200AA18R00036

SECTION B – SERVICES/SUPPLIES

B.1 TYPE OF CONTRACT

This is a firm fixed price contract between USAID and (TBD). For commodities consideration as set forth in this proposal, (TBD) will provide commodities as described in the Statement of Work. This contract is accordance with the negotiation authority of the U.S. Federal Acquisition Regulation part 13 including 13.5 – Simplified Procedures for Certain Commercial Items, and Federal Acquisition Regulation part 12 including 12.6.

B.2 CONTRACT PRICE

The total contract price of this purchase order is $(TBD). The Government hereby obligates the amount of $(TBD) which will be payable as described in Section G.4 of this Contract.

END OF SECTION B

SECTION C – STATEMENT OF WORK

C.1 PURPOSE

The United States Agency for International Development (USAID) is seeking to procure approximately 300 Metric Tons (MT) of High Energy Biscuits (HEBs). The government may decide to purchase additional quantities under this contract. HEBs are designed to be high in protein and supplemented with a premix of vitamins and minerals. They are intended for general emergency food distribution and school feeding.

The 300 MT of HEBs shall be manufactured in three separate production runs of 50-100 MT each depending on the number of awards under this contract. Production shall be in three consecutive months.

Following each production run, USAID will conduct sampling and testing to verify that each lot complies with USAID’s HEB Commodity Specification. The sampling and testing will be conducted by an independent, third-party inspection company hired by USAID. It is of particular interest for USAID the ability to work with the potential contractor on HEB formula and packaging improvement that will lead to a longer shelf life and better overall product quality.

C.2 STATEMENT OF WORK

Background The USAID Office of Food for Peace uses HEBs in its global food aid programs. HEBs are a strategic product for USAID and its partners to use during the initial response to a rapid-onset emergency. In addition to their primary use in rapid-onset emergencies, an added benefit of HEBs is that they can be used in school feeding programs to address chronic hunger and malnutrition. HEBs are beneficial to such programs as they are a nutritious supplementary food. HEBs are a shelf-stable, ready-to-eat food, allowing for easy maintenance of emergency stockpiles. In a school-feeding context, they are ideal for environments with limited cooking facilities or when transitioning from ‘no foods provided’ to ‘school meals’.

The versatility of the HEB allows it to serve as a dual-purpose (emergency and development) commodity, while allowing for a sustainable supply. In order for HEB supplies to be sustainable, production must be operationally feasible from a manufacturing standpoint. USAID does not expect suppliers to have to make extra investments in their production facilities. The requirements to produce HEBs are comparable to similar products such as tea biscuits or shortbread cookies. Suppliers are not expected to maintain a dedicated HEB production facility. Likewise, suppliers should not depend solely on HEB production in order to manage costs or maintain their operations. HEB costs should be affordable and in line with the costs to manufacture similar products. These production characteristics as well as the simplicity of the formula and the stability of the product, make HEBs very appealing as a solution for emergency food assistance.

In 2016, product stability studies from the World Food Program (WFP) demonstrated that HEBs were expiring well before the advertised 24-month shelf-life. That same year, product testing funded by USAID, and performed by a third party laboratory, also revealed accelerated deterioration of USAID-owned HEB stocks, as well as lower performance of packaging films than desired. The USAID stocks exhibited excessive rancidity (Peroxide value > 10).

Following receipt of the test results, the supplier agreed to collaborate with USAID and WFP to identify areas of improvement in the current HEB formula. The goal of this collaboration was to develop a more shelf-stable product, including a more suitable packaging film..

Despite the progress that has been made in the last year, USAID believes that further improvements may be needed. As a result, requirements for continuous product improvement will be included in USAID purchase contracts. The continuous improvement (CI) work is expected to be done in synergy with ongoing collaborative research with WFP. This CI effort will include tweaking formulations. Potential vendors are encouraged to factor in at least three short production batches to calibrate trial formula as well as sampling.

C.3 SPECIFICATIONS

The High Energy Biscuits shall comply with the following guidelines or standards of the Codex Alimentarius:

Recommended International Code of Practice: General Principles of Food Hygiene CAC/RCP 1-1969 Rev 4 - 2003 including Annex “Hazard Analysis and Critical Control Point (HACCP) System and Guidelines for its application”.

General principles for addition of essential nutrients to foods: CAC/GL 09-1987 (amended 1989, 1991), of the Codex Alimentarius.

General standard for the labelling of prepacked foods : CODEX STAN 1-1985

C.3.1 RAW MATERIALS

Main ingredients

HEBs must be manufactured from fresh, good quality ingredients, free from foreign materials, substances hazardous to health, excessive moisture and water activity (Aw >0.2<0.4), insect damage and fungal contamination, and must comply with all relevant national food laws and standards.

Requirements for the main ingredients are:

• Wheat flour must conform to Codex STAN 152-1985.

• Sugar must conform to Codex STAN 212-1999.

• Shortening must be prepared from oil that conforms to Codex STAN 210-1999, must be free from trans fatty acids and must contain only antioxidants that comply with Codex and relevant regulations.

• Skimmed milk powder must conform to Codex STAN 207-1999. It must be accompanied by a ‘melamine-free’ certificate. Maximum level aflatoxin M1: < 0.5 mcg/kg milk (recommended methods ISO 14501/IDF 171:20071 or ISO 14674/IDF 190:20052).

Other raw materials and additives (if used) must comply with Codex or relevant regulations.

Raw materials must be stored under dry, ventilated and hygienic conditions. Only safe insecticides (i.e.

phosphine) may be used for fumigation control. Where needed, fumigation must be performed by certified operators.

Vitamins and minerals Complete micronutrient premix must be purchased from a GAIN approved Premix Facility or any of the GAIN-approved suppliers, a complete list is available at the following link:

http://gpf.gainhealth.org/suppliers/current-suppliers

The micronutrient premix must be delivered to the HEB processor with a complete Certificate of Analysis and Proof of Purchase. The two documents must be presented to USAID along with all other documents required for payment.

The micronutrient premix must be stored in a dry, cool and clean place.

C.3.2 PROCESSING

C.3.2.1 Formula1 The HEB formulation shall be based on supplier experience and must include:

• Dry Skimmed Milk: Min. 4.0 g/100g of HEB

• Sugar: 10.0-19.0 g/100g of HEB.

• Total fat: 11-15g/100g

• Total protein: 9-16 g/100g

Note: soybean and soybean derivatives are not authorized.

C.3.2.2 Homogeneity of micronutrients

1 These requirements are subject to change, depending upon whether USAID determines that product formulation changes are needed.

http://gpf.gainhealth.org/suppliers/current-suppliers

Theoretical calculations indicate that a mixing system with a Coefficient of Variation of 10% using iron as the indicator element, will enable the product to meet the above variation target on 95%, provided that all conditions of mixing are rigorously applied.

C.3.2.3 Food safety and risk assessment at manufacturing premises For compliance with Codex standards, the processor must be able to demonstrate by principle and practice the adoption, implementation and recording of:

• Good Manufacturing Practice

• Hazard Analysis Critical Control Point program In this context an appointed USAID Inspector / Quality Surveyor is entitled to visit the factory without prior notice during any period when the product is being manufactured to check that the GMP and HACCP systems are in place. The Inspector / Quality Surveyor may request to see:

• Records (i.e. names of people in charge of the process and quality control, temperatures of the process, mixing times / quantity, cleaning schedules, etc.).

• Procedures (e.g. cleaning, personnel hygiene, HACCP, sampling and analysis).

• Instructions (e.g. process instructions, cleaning instructions).

• The quality manual for the process or factory.

The manufacturer must be registered under national food law as a processor of foods for human consumption.

C.3.3. PRODUCT SPECIFICATIONS

C.3.3.1 General requirements The finished product must meet below requirements:

No Tests Requirements2 Reference method (or equivalent)

1 Moisture content 2.0-4.5 % AOAC 925.10, 2002 2 Water activity 0.2-0.4 Any AOAC recommended method or equivalent 3 Organoleptic characteristics (color, smell and taste)

Typical color, Pleasant smell and palatable taste.

Sensorial inspection

4 Protein Min. 9 g/100g AOAC 981.10 5 Fat Min. 11.0 g/100g AOAC 963.15, 2000 6 Ash (total) Max. 3.5 g/100g ISO 2171.2000 7 Peroxide value Max. 10 mEq/kg fat AOAC 965.33

8 Vitamin A-Retinol Min. 250 mcg/100g AOAC 960.45 9 Iron Min. 11 mg/100g AOAC 945.40 10 Coliforms < 10 cfu/g AOAC 2005.03

2 These requirements are subject to change, depending upon whether USAID determines that product formulation changes

C.3.3.2 Biscuit characteristic Organoleptic: The HEBs must be typical in color and have a pleasant smell and palatable taste which consumers will like and enjoy.

Broken: The percentage of broken HEBs must not be more than 5.0% (by weight).

Weight: One HEB should weigh between 5g and 10g.

C.3.3.3 Micronutrient supplement The HEBs must be fortified to provide the following net micronutrient supplement per 100g of finished product (table 1).

Table 1: Micronutrient rate and chemical form

Target Chemical form

Vitamin A-Retinol 250 µg Palmitate 250 CWS Vitamin B1 0.5 mg Thiamine mononitrate Vitamin B2 0.7 mg Riboflavin Niacin 6 mg Nicotinamide Pantothenic acid 3 mg Calcium d-pantothenate Vitamin B6 1 mg Pyridoxine hydrochloride Folic acid 80 µg Folic acid Vitamin B12 2 µg Vitamin B12 – 1% in manitol Vitamin C 20 mg Ascorbic acid coated Vitamin D 1.9 µg Vit D3 100 CWS Vitamin E 5 mg Vit E 50 CWS Calcium 250 mg Calcium carbonate Magnesium 150 mg Magnesium oxide Iron 11 mg Ferrous fumarate Iodine 75 µg Potassium iodate

C.3.3.4 Contaminants Heavy metals The HEBs shall be free from heavy metals in amounts which may represent a hazard to health.

Pesticide residues The HEBs shall comply with the maximum residue limits established by the Codex Alimentarius Commission for this commodity.

The HEBs shall be prepared with special care under good manufacturing practices, so that the residues of any pesticides which may be required in the production, storage or processing of the raw materials or the finished food product do not remain, or, if technically unavoidable, are reduced to the maximum extent possible.

These measures shall take into account the specific nature of the products concerned and the specific population group for which they are intended.

Mycotoxins The HEBs shall comply with the maximum mycotoxin limits established by the Codex Alimentarius Commission for this commodity.

Other contaminants The products shall be free from residues of hormones and antibiotics, as determined by means of agreed methods of analysis, and practically free from other contaminants, especially pharmacologically active substances.

C.3.3.5 Hygiene It is recommended that the products covered by the provisions of this standard be prepared and handled in accordance with the appropriate sections of the Recommended International Code of Practice – General Principles of Food Hygiene (CAC/RCP 1-1969), and other Codes of Practice recommended by the Codex Alimentarius Commission which are relevant to these products.

To the extent possible in good manufacturing practices, the products shall be free from objectionable matter.

When tested by appropriate methods of sampling and examination, the products:

– shall be free from micro-organisms in amounts which may represent a hazard to health;

– shall be free from parasites which may represent a hazard to health; and

– shall not contain any substance originating from micro-organisms in amounts which may represent a hazard to health.

C.3.3.6 Shelf-life Unless stated otherwise in the contract, the HEBs must have a minimum 12-month shelf-life when stored in temperatures up to 30°C. The supplier may be required to demonstrate with data on accelerated shelf-life studies or at the very least work collaboratively with USAID to produce shelf-life data indicating compliance with 12 months. Particular parameters to examine include water activity (Aw .0.2<0.4) of the finished product, lipid stability (peroxide values less than 10 meq/kg-fat); and packaging performance. Typically, a laminate composed of BOPP + VMCPP (20 and 25 microns respectively) or equivalent or stronger can be used, accompanied by effective sealing which will prevent accelerated product oxidation.

C.3.3.7 Fit for human consumption guarantee Suppliers shall have to check the quality of their products and guarantee that the HEBs are ‘fit for human consumption’.

C.3.3.8 Additional Requirements

The HEBs shall meet the following additional requirements:

- Free from radioactivity.

- Free from Genetically Modified Organisms.

C.3.4 PACKAGING

The Contractor shall provide a timeline for the procurement of these items and be able to provide USAID/FFP with updates every two weeks on the status of the procurements. The Contractor must provide point of contact information (name, email, 24-hour phone number) for a representative that will be available for communication regarding this procurement.

The Contractor must provide USAID/FFP with shipping details in the form of a Microsoft Excel spreadsheet. The shipping details must include the following:

• Number of total pallets

• Number of cartons/cases on each pallet

• Exact weight and dimension of each pallet

• Exact weight and dimension of each carton/case

• If pallets of each item can be stacked or not

• The maximum recommended stacking height of each item

C.3.4.1 Primary package It is the responsibility of the Contractor to select a packaging material that will protect the HEBs from moisture as well as from vitamin and fat degradation during the minimum 12-months of shelf life.

• It must be based on supplier experience and must comply with relevant regulations.

• It must be food grade, have good sealing properties and be printed as per requirements.

• It must include a metalized layer to reduce permeability of Oxygen and Vapor.

• It must be stored under dry, ventilated and hygienic conditions.

Typically, a laminate composed of BOPP + VMCPP (20 and 25 microns respectively) or equivalent or stronger can be used. There must be evidence of effective primary packaging sealing, which will prevent systemic leaking issues leading to rancidity and rapid food deterioration. Each package must contain 50 gram, 75 gram, 100 gram or 250 gram biscuits (as per the Contract). Supplier will need final approval from USAID when selecting the film to be used, as new evidence can support variation in the parameters referenced above.

C.3.4.2 Secondary package Individual packages must be stuffed in strong cardboard cartons suitable for multiple handlings and must contain as per the Contract from 10 kg to15 kg Net biscuits.

Note: About 15-20 bags of silica gel of at least 1 Kg each should be placed in each container in order to absorb moisture. In addition, craft paper should be laid on all sides of the container.

C.3.5 STORING

The contractor is not responsible for transporting the HEBs to the final destination. USAID is responsible for transporting the HEBs from the manufacturer’s warehouse location to the final destination. The Contractor shall be responsible for preparing all of the cartons of HEBs for shipment with proper packaging. This includes the use of undamaged warehouse pallets, shrink wrapping the cartons, and banding the cartons when necessary. The cartons must be secured to pallets in order to prevent any damage to the contents or packaging during shipment. Pallets shall be stackable (minimum pboateng Highlight double stock) without damage to the cartons during shipment. While waiting for transport, the Contractor shall store the HEBs under dry, ventilated and hygienic conditions.

C.3.6 ANALYTICAL REQUIREMENTS

Prior to the first 50-100 MT production run, appropriate technical representatives from the Contractor will meet with USAID’s Senior Food Technology Adviser, and other individuals as determined by the USAID Contracting Officer, at the facility where the HEBs will be produced. The purpose of this meeting is to allow for a site visit and a process capability assessment as well as agree on a sampling plan.

Sampling and testing will be done by an independent, third-party inspection company hired by USAID.

All costs incurred by the third-party inspection company will be paid by USAID. Sampling intervals will be established jointly with the supplier, depending on production speed. The intervals must ensure representative sampling from a given day of production. For each sampling, at least five (5)-unit samples will be collected and as many times as determined by the supplier, the third-party inspection company and USAID. Sampling must be executed in replicates, so that one set of samples will remain as retain.

The following are the analyses expected to be performed by the third-party inspection company.

Samples must be identified with the date of production, batch/lot, packaging line and any other identifier of relevance.

No Tests Requirements3 Reference method (or equivalent)

1 Moisture content 2.0- 4.5 % AOAC 925.10, 2002 2 Water activity 0.2-0.4 Any AOAC recommended method or equivalent 3 Organoleptic characteristics (color, smell and taste)

Typical color, Pleasant smell and palatable taste.

Sensorial inspection

4 Protein Min. 9 g/100g AOAC 981.10 5 Fat Min. 11.0 g/100g AOAC 963.15, 2000 6 Ash (total) Max. 3.5 g/100g ISO 2171.2000 7 Peroxide value Max. 10 mEq/kg fat AOAC 965.33

8 Vitamin A-Retinol Min. 250 mcg/100g AOAC 960.45 9 Iron Min. 11 mg/100g AOAC 945.40 10 Coliforms < 10 cfu/g AOAC 2005.03

3 These requirements are subject to change, depending upon whether USAID determines that product formulation changes

Packaging Performance

Packaging profiling and performance will be assessed, mainly using Oxygen Transmission Rate (OTR) and Water Vapor Transmission Rate (WVTR). For this part of the testing, a pre-determined quantity of unused film laminates will be sent to the third-party inspection company.

Shelf-Life

Fat oxidation is the limiting factor impacting HEB shelf-life. Lipid oxidation is considered the main cause of the deterioration of food products with a high fat content such HEBs. Lipid oxidation is associated with the formation of off-odor and off-flavor that compromise the acceptability of the products, as well as impact the nutritional quality of the foods. In particular, the fatty acid content is relevant to maintain. For shelf-life testing to continue improving HEB stability, samples will be stored at 25°C and 45°C with 90% - 100% RH for 5 – 6 weeks. Test samples shall be pulled from storage weekly and tested as follows: 1) Leak test upon arrival; 2) Water activity; 3) Texture; 4) Peroxide value; 5) Moisture content; and 6) Sensory for taste, odor, color and appearance.

END OF SECTION C

SECTION D – MARKING AND BRANDING

D.1 BRANDING

The High Energy Biscuits Marking and Branding shall comply with the Marking and Branding identified below

Primary Packaging

• Name of the product

• USAID’s Logo: USAID Gift of the American People

• Ingredient list

• Net weight

• Table 1 and Table 2

• Contract Number

• Date of manufacture

• Best used by date

• Storage instructions

• Additional markings as per contractual agreement.

Secondary Packaging

• Name of the product

• Logo: USAID Gift of the American People

• Contract Number

• Additional markings as per contractual agreement.

A. Primary Markings

B. Secondary Markings

END OF SECTION D

SECTION E – INSPECTION AND ACCEPTANCE

E.1 INSPECTION

Inspection and acceptance of tendered items by USAID will be performed in accordance with clause FAR 52.246-2, Inspection of Supplies- Fixed Price. Unless otherwise designated by the contracting officer, the contracting officer’s representative as designated in Section G is the authorized Government representative to accept supplies and/or services rendered by the contractor under this contract.

Inspection and either acceptance, rejection or conditional acceptance will be performed at the discretion of the COR. The contractor must obtain COR acceptance of all contract deliverables before contract payment will be made by USAID.

Inspection will take place at manufacture warehouse.

E.2 WARRANTY

All contract warranties must be in accordance with contract clause FAR 52.212-4(o), Warranty.

END OF SECTION E

SECTION F – DELIVERIES OR PERFORMANCE

F.1 PERIOD OF PERFORMANCE

The period of performance under this contract is after signing award through (TBD). Unless otherwise specified, the contractor must submit deliverables as soon as practicable or contract end date, whichever is sooner.

F.2 DELIVERABLES

In accordance with the requirements stated in Section C, the contractor must deliver the following:

300 net metric tons of High Energy Biscuits.

Have Point of Contact available at Contracting Officer’s (CO) discretion.

Biweekly progress reports from the date of award until the end of the period of performance.

F.3 PLACE OF PERFORMANCE

The place of performance is the Contractor’s facility.

F.4 PROGRESS REPORTS

The Contractor must submit to the Contracting Officer’s Representative (COR) progress reports describing the current production stage and anticipated activities for the following two weeks. The report shall indicate whether or not the Contractor is on track to provide the commodity as proposed and agreed upon by the Contracting Officer and Contractor at the time of award. If the Contractor is not on track, the Contractor shall indicate corrective actions to meet the delivery schedule. Progress reports must be sent to the CO and COR by email. The Government may require additional information from the Contractor, if necessary.

F.5 DELIVERY

Deliveries and transportation must be in accordance with FAR 52.247-30, F.o.b. Origin, Contractor’s Facility.

END OF SECTION F

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 CONTRACTING OFFICER (CO)

The Cognizant Contracting Officer and Contract Administration Office for this order are the following:

Prince Boateng Office of Acquisition and Assistance

M/OAA/T

1300 Pennsylvania Avenue, NW

Washington, DC 20523 pboateng@usaid.gov

The Contracting Officer is the only person authorized to make or approve any changes in the requirements of this order and notwithstanding any provisions contained elsewhere in this order, the said authority remains solely in the Contracting Officer. In the event the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustment shall be made in the contract terms and conditions, including price.

G.2 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The contractor will take technical direction from the contracting officer’s representative to be identified after award of contract

As used herein, “technical directions” are directions provided to clarify, define, or give specific direction within the specifications. Under no circumstances, may “technical directions” change the price/cost or fee, quantity, quality, scope, delivery schedule, nature of deliverables, or other terms and conditions of this purchase order. Only the Contracting Officer may initiate these types of changes. In the event the Contractor believes “technical direction” makes changes in any of the above-mentioned areas, the Contract shall promptly notify the Contracting Officer of the situation.

G.3 ACCOUNTING AND APPROPRIATION DATA

(TBD)

G.4 INVOICES

The contractor shall submit one (1) original of each invoice on an SF-1034 Public Voucher for Purchases and Services Other Than Personal to the Office of Chief Financial Officer to the following email address: EI@usaid.gov. In addition, the contractor shall submit one (1) copy of the voucher and the invoice to the CO and the COR.

mailto:pboateng@usaid.gov mailto:EI@usaid.gov

The SF‐1034 shall be signed, and it shall be submitted along with the invoice and any other documentation in Adobe .PDF format. The invoice must reference the award number of the contract.

G.5 LOGISTIC SUPPORT

The government will provide logistics and transportation services to move commodity out of the manufacture facility after acceptance of cargo by the Contracting Officer.

END OF SECTION G

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 PROHIBITION ON USAID CONTRACTORS, SUBCONTRACTORS, GRANTEES AND SUB GRANTEES

FROM TRAFFICKING IN PERSONS, PROCURING COMMERCIAL SEX ACTS, OR USING FORCED LABOR.

Paragraph (g) of section 106 of the Trafficking Victims Protection Reauthorization Act of 2003 (section 106 is codified at 22 U.S.C. 7104) provides that:

“Any grant, contract, or cooperative agreement provided or entered into by a Federal department or agency under which funds are being provided to a private entity, in whole or in part, shall include a condition that authorizes the department or agency to terminate the grant, contract, or cooperative agreement, without penalty, if the grantee or any sub grantee, or the contractor or any subcontractor (i) engages in severe forms of trafficking in persons or has procured a commercial sex act during the period of time that the grant, contract, or cooperative agreement is in effect, or (ii) uses forced labor in the performance of the grant, contract, or cooperative agreement.”

H.2 EXECUTIVE ORDER ON TERRORISM FINANCING

The Contractor is reminded that U.S. Executive Orders and U.S. law prohibits transactions with, and the provision of resources and support to, individuals and organizations associated with terrorism. It is the legal responsibility of the Contractor to ensure compliance with these Executive Order and laws. This provision must be included in all subcontracts/subawards issued under this contract.

H.3 AIDAR 752.225.70 SOURCE AND NATIONALITY REQUIREMENTS (FEBRUARY 2012)

Except as may be specifically approved by the Contracting Officer, the Contractor must procure all commodities (e.g., equipment, materials, vehicles, supplies) and services (including commodity transportation services) in accordance with the requirements at 22 CFR Part 228 “Rules on Procurement of Commodities and Services Financed by USAID Federal Program Funds.” The authorized source for procurement is Geographic Code 937 unless otherwise specified in the schedule of this contract.

Guidance on eligibility of specific goods or services may be obtained from the Contracting Officer.

Ineligible goods and services. The Contractor must not procure any of the following goods or services under this contract:

1. Military equipment

2. Surveillance equipment

3. Commodities and services for support of police and other law enforcement activities

4. Abortion equipment and services

5. Luxury goods and gambling equipment, or

6. Weather modification equipment.

Restricted goods. The Contractor must obtain prior written approval of the Contracting Officer or comply with required procedures under an applicable waiver as provided by the Contracting Officer when procuring any of the following goods or services:

1. Agricultural commodities,

2. Motor vehicles,

3. Pharmaceuticals and contraceptive items

4. Pesticides,

5. Fertilizer,

6. Used equipment, or

7. U.S. government-owned excess property.

If USAID determines that the Contractor has procured any of these specific restricted goods under this contract without the prior written authorization of the Contracting Officer or fails to comply with required procedures under an applicable waiver as provided by the Contracting Officer, and has received payment for such purposes, the Contracting Officer may require the contractor to refund the entire amount of the purchase.

H.4 PROHIBITION OF ASSISTANCE TO DRUG TRAFFICKERS

USAID reserves the right to terminate this Contract, to demand a refund or take other appropriate measures if the Contractor is found to have been convicted of a narcotics offense or to have been engaged in drug trafficking as defined in 22 CFR Part 140.

H.5 PROHIBITION AGAINST DISCRIMINATION (OCT 2011)

FAR Part 27 and the clauses prescribed in that part prohibit contractors performing in or recruiting from the U.S. from engaging in certain discriminatory practices. USAID is committed to achieving and maintaining a diverse and representative workforce and a workplace free of discrimination. Based on law, Executive Order, and Agency policy, USAID prohibits discrimination in its own workplace on the basis of race, color, religion, sex (including pregnancy and gender identity), national origin, disability, age, veteran's status, sexual orientation, genetic information, marital status, parental status, political affiliation, and any other conduct that does not adversely affect the performance of the employee.

USAID does not tolerate any type of harassment, either sexual or nonsexual, of any employee or applicant for employment. Contractors are required to comply with the nondiscrimination requirements of the FAR and in addition, the Agency strongly encourages all its contractors (at all tiers) to develop and enforce comprehensive nondiscrimination policies for their workplaces that include protection on these expanded bases.

END OF SECTION H

SECTION I – CONTRACT CLAUSES

I.1 A.I.D. ACQUISITION REGULATION (48 CFR CHAPTER 7) CLAUSES

NUMBER TITLE DATE

752.202-1 Definitions JAN 1990

752.211-70 Language And Measurement JUN 1992

752.242-70 Periodic Progress Reports OCT

752.7006 Notices APR 1984

752.7009 Marking JAN 1993

752.7025 Approvals APR 1984

I.2 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address (es):

https: //www.acquisition.gov/far/index.html

52.203-3 Gratuities Apr 1984

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions Sep 2007

52.203-12 Limitation on Payments to Influence Certain Federal Transactions Oct 2010

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights Apr 2014

52.212-4 Contract Terms and Conditions—Commercial Items May 2014 52.232-1 Payments Apr 1984 52.232-39 Unenforceability of Unauthorized Obligations Jun 2013 52.247-5 Familiarization with Conditions Apr 1984 52.247-21 Contractor Liability for Personal Injury and/or Property Damage Apr 1984 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels Feb 2006 52.249-2 Termination for Convenience of the Government (Fixed-Price) Apr 2012 52.249-8 Default (Fixed Price Supply and Service) Apr 1984 52.212-4 Liquidated Damages--Supplies, Services, or Research and Development

I.2.1 LIQUIDATED DAMAGES. USAID may claim liquidated damages from the Contractor as following. Charges may be applied if the Contractor does not meet the delivery date.

a. If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of $500 per calendar day of delay.

b. If the Government terminates this contract in whole or in part under the Default—Fixed-Price

Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

c. The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default—Fixed-Price Supply and Service clause in this contract.

I.3 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL ITEMS (JUL 2014)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)"(Public Laws 108-77 and

108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

http://acquisition.gov/far/current/html/52_222.html#wp1151848 http://uscode.house.gov/ http://acquisition.gov/far/current/html/52_222.html#wp1151848 http://uscode.house.gov/ http://acquisition.gov/far/current/html/52_233_240.html#wp1113329 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://acquisition.gov/far/current/html/52_233_240.html#wp1113344 http://uscode.house.gov/

Contracting Officer check as appropriate:

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

_X_ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment

Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

_X_ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section

743 of Div. C).

_X_ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul

2013) (41 U.S.C. 2313).

_X_ (10) 52.215-22 Limitations on Pass-Through Charges - Identification of Subcontract Effort.

X (11) 52.217-7 Option for Increased Quantity—Separately Priced Line Item.

X (12) 52.217-9 Option to Extend the Term of the Contract.

__ ( 13)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.

657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (14)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C.

657a).

__ (ii) Alternate I (JAN 2011) of 52.219-4.

__ (15) [Reserved] __ (16)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (17)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

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__ (18) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

__ (19)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (iv) Alternate III (Oct 2015) of 52.219-9.

__ (19) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__ (20) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (21) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov

2011) (15 U.S.C. 657 f).

__ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

__ (24) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged

Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (25) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small

Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C.

637(m)).

__ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (E.O.

13126).

__ (28) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (29) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

_X_ (30) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

_X_ (31) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

__ (32) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

_X_ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496).

_X_ (34)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and

E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (35) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

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_X_ (36)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (37) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

__ (38) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

__ (39)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (40)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and

13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (41) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C.

8259b).

__ (42)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

__ (43) 52.223-18, Encouraging…