USAID RFP 7200AA20R00023 (HEB Solicitation) Amend 1.pdf

February 28, 2020

SUBJECT: Request for Proposals (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). 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, April 3, 2020, to Prince Boateng, via email at 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 ton

⇒ Production lead time

⇒ Confirmation of System for Award Management (“SAM”) Registration

If there are any questions or concerns, please address them to Prince Boateng, via email at PBoateng@usaid.gov and Jamie Fisher at JFisher@usaid.gov by 17:00 AM EDT

March 12, 2020. This request for proposals 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

Office of Acquisition & Assistance

U.S. Agency for International Development

SEE ADD ENDUMIS CHECKED

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c. DATE SIGNED31

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

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

c. DATE SIGNED30 31 b. 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.

a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA27

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

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

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25 . ACCOUNTING AND APPROPRIATION DATA

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32a. QUANTITY IN COLUMN 21 HAS BEEN

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

STANDARD FORM 1449 (REV. 2/2012) BACK

32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

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36. PAYMENT

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37. CHECK NUMBER

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38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

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

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SECTIONB.1 TYPE OF B – SERVICES/SUPPLIESCONTRACT

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 in 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 up to 1,200

Net Metric Tons (MT) of High Energy Biscuits (HEBs). The government will also have three options to purchase up to 1200 MT of HEBs from each vendor under each option. The total estimate under this solicitation shall not exceed 4,800 NMT or $7,000,000 over a period of 12 months. The award may be issued to more than one vendor. 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 HEBs may need to be manufactured in separate production runs, depending on the number of awards under this contract. 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.

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 such as an earthquake or a flood. In addition to their primary use in rapid-onset emergencies, an added benefit of HEBs is that they can be used to support new arrivals in refugee and IDP camps or for 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.

pboateng Highlight

In order for HEB supplies to be sustainable, production must be operationally feasible from a manufacturing standpoint. USAID does not expect suppliers 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.

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: CODEX STAN 193-1995, Codex general standard for contaminants and toxins in food and feed.

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 as follows:

• 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).

• Lecithin shall be in proportion as specified in the Codex STAN 074-1981.

• Raising agent (i.e. SODA) must be added as specified in the Codex STAN 074-1981, the maximal value is determined by the principles of GMP.

• Flavoring. The only permitted flavors are those which have been approved by USAID and specified in the contract. Currently, suppliers may use ethyl vanillin and vanillin: 7mg/100g as specified in the Codex STAN 074-1981.

Other raw materials and additives (if used) must comply with Codex or relevant regulations. The melamine max. must not exceed 2.5 mg/kg as per Codex 193-1995.

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 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 HEBs

• Total sugar: 15g/100g of HEBs

• Total fat: 11-15g/100g

• Total protein: 10-16 g/100g

Note: Soybean and soybean derivatives are not authorized with the exception of soya lecithin and therefore must be clearly declared on the label of the final product.

C.3.2.2 Homogeneity of micronutrients

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 Practices (GMP)

• Hazard Analysis and Critical Control Point (HACCP) Program

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

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:

C.3.3.2 Biscuit characteristics

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.

No Tests Requirements Reference method (or equivalent)

1 Moisture content Max. 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. 10 g/100g AOAC 981.10

5 Fat Min. 11.0 g/100g AOAC 963.15, 2000

6 Crude Fiber Max. 2.3 g/100g AOAC 962.09

7 Peroxide value Max. 10 mEq/kg fat AOAC 965.33

8 Vitamin A-Retinol Min. 500 mcg/100g AOAC 2012.10 2014

UNI EN 12823

9 Iron Min. 10 mg/100g AOAC 2015.06

EN 15763:2010

10 Coliforms < 10 cfu/g ISO 4832:2006

AOAC 2005.03

AACC 45-15.02

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).

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

Table 1: Premix requirement and chemical forms

Note: Variable levels of micronutrients (i.e. iron, zinc, calcium, Phosphorus etc.) naturally present in raw materials may also contribute and lead variable of micronutrients in finished product. The product shall meet WFP’s specification for all parameters throughout the shelf-life.

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.

The Contractor should be aware of Acrylamide1 in bakery products. Acrylamide is a chemical that can form in some foods during high-temperature cooking processes, such as frying, roasting, and baking. Acrylamide in food forms from sugars and an amino acid that are naturally present in food;

it does not come from food packaging or the environment.

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.

1 https://www.fooddrinkeurope.eu/uploads/publications_documents/FoodDrinkEurope_Acrylamide_Toolbox_2019.pdf https://www.fooddrinkeurope.eu/uploads/publications_documents/FoodDrinkEurope_Acrylamide_Toolbox_2019.pdf

C.3.3.6 Shelf-life

Unless stated otherwise in the contract, the HEBs must have a minimum 24-month shelf-life from the date of production when stored in temperatures up to 30°C. The Contractor 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 24 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. A laminate composed of PET or OPP + alu 7 + PP or equivalent or stronger should be used, accompanied by effective sealing which will prevent accelerated product oxidation.

C.3.3.7 Fit for human consumption guarantee

The Contractor is required 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 (GMOs). The Contractor will be required to provide certificates to verify/confirm that the HEBs are free from GMOs.

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:

• Total number of pallets

• Number of cartons/cases on each pallet

• Exact weight and dimensions of each pallet

• Exact weight and dimensions of each carton/case

• The maximum recommended stacking height of each item

C.3.4.1 Primary packaging

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 required 24-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. The

Contractor will be required to provide evidence that the packaging material is food grade-certified.

• It must include an aluminum layer to reduce permeability of oxygen and water vapor.

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

A laminate composed of PET or OPP + alu 7 + PP (total thickness 63mic +/-3) or equivalent or stronger should 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 individually wrapped (single-serve) package must contain 100 grams of biscuits.

USAID also requires:

• Optimized shape to avoid space loss in the individual packages/sachets and in the cartons.

• All packaging is required to be properly sealed (test example: ASTM F2338 – 09, ASTM D3078

– 02 or equivalent).

• The individual packages/sachets must be placed in an appropriate way in the carton during the packing process in order to avoid packaging & product damage.

• The laminate must include a high barrier layer to reduce permeability of oxygen and water vapour. The minimum requirements1 are:

- WVTR <0.05 g/m2.day (38°C/90% RH) (ASTM F1249-06 or equivalent)

- OTR < 0.05 cc/m2.day (23°C/50% RH) (ASTM D-3985 or equivalent)

• Reverse printing is mandatory.

C.3.4.2 Secondary and tertiary packaging

Cartons

• Individual packages of HEBs must be stuffed in strong cardboard cartons suitable for multiple handlings.

• Cartons must be new and must be manufactured from well-constructed, double-wall corrugated board.

• Fluting must be vertical, supporting the load.

• Headspace should be minimized. Cartons must be fully filled for maximum strength and dimensions adjusted to the load.

• The cartons must be a plain brown color.

• Cartons must be firmly closed (top and bottom). No stapling is allowed.

• Each carton must contain 100 packages of biscuits. The net weight of biscuits per carton must be

10 kg. There should be 100 cartons per metric ton.

• 15-20 bags of silica gel of at least 1 Kg each must be placed in each carton in order to absorb moisture.

• Craft paper should be laid on all sides of the carton.

• Cartons must have an edge crush resistance of 60ECT = 60 lbs/in eq 11 kN/m (ISO 3037) and a specific weight of 700 to 1000 grams per square meter.

Pallets

• Palletization and stretch-wrapping is required.

Suppliers must submit packaging Certificate of Analysis indicating WVTR and OTR compliance to WFP with other documents for payment.

• Pallets must be four-way 122cm x 92cm or 120cm x 100cm.

• Pallets must be new and must be built from solid oak. They should be heat-treated and made of mold-free lumber.

• Pallets must be fumigated as per ISPM 15 standards.

• Pallet base must be at least 19 mm thick.

• Cartons must maximize the pallet footprint. No carton overhang is permitted.

• Cartons must be stacked tightly together on pallets in order to avoid unnecessary space between individual cartons which could result in the product shifting and becoming damaged during transport.

• Pallets must be stackable to a minimum of 2 pallets high.

• Pallet height should not exceed a maximum of 110 cm as measured from bottom of pallet to the top of the pallet. (This will allow for double-stacking in the shipping containers and maximize use of space inside.)

• Pallets must be strapped to secure the cartons to the pallets without damaging or warping the cartons. The cross-banding must consist of a minimum of 2 bands in both directions.

• Stretch-wrap must be 90 gauge.

• Stretch-wrap must be wrapped around the pallet base to secure the cargo to the pallet and must be wrapped a minimum of 3 times.

• Cardboard corner supports (corner beads or corner protectors) are required for every pallet and should be applied to each of the four corners of the stacked cartons.

• Suppliers must stack the cartons on the pallets in such a way as to maximize load stability.

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 to the final destination. The

Contractor shall be responsible for preparing all cartons of HEBs for shipment with proper packaging as specified above. 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 production run, appropriate technical representatives from the Contractor will meet with

USAID’s Senior Food Technology Adviser and/or 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 as many times as determined to be necessary 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.

Below are the analyses expected to be performed by the third-party inspection company. Samples must be identified with the date of production, batch/lot number, packaging line and any other identifier of relevance.

Required Analytical Tests

Primary Packaging Performance

Packaging profiling and performance will be assessed, primarily 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

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

No Tests Requirements Reference method (or equivalent)

1 Moisture content Max. 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. 10 g/100g AOAC 992.23

EN ISO 16634-2:2016

5 Fat Min. 11.0 g/100g AOAC 963.15, 2000

6 Crude Fibre Max. 2.3 g/100g AOAC 962.09

7 Peroxide value Max. 10 mEq/kg fat AOAC 965.33

8 Vitamin A-Retinol Min. 500 mcg/100g AOAC 2012.10 2014

UNI EN 12823

9 Iron Min. 10 mg/100g AOAC 2015.06

EN 15763:2010

10 Coliforms < 10 cfu/g ISO 4832:2006

AOAC 2005.03

AACC 45-15.02

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 the contract.

Secondary Packaging

• Name of the product

• Logo: USAID Gift of the American People

• Contract Number

• Purchase Order and Lot or Batch Number

• Additional markings as per the contract.

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:

➢ Up to 1,200 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.

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

NUMBER TITLE DATE

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:

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 http://acquisition.gov/far/current/html/52_222.html#wp1151848 http://acquisition.gov/far/current/html/52_222.html#wp1151848 http://uscode.house.gov/ http://uscode.house.gov/ http://acquisition.gov/far/current/html/52_222.html#wp1151848 http://acquisition.gov/far/current/html/52_222.html#wp1151848 http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://acquisition.gov/far/current/html/52_233_240.html#wp1113329 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://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://acquisition.gov/far/current/html/52_233_240.html#wp1113344 http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/far/html/52_200_206.html#wp1137622 https://www.acquisition.gov/far/html/52_200_206.html#wp1137622 https://www.acquisition.gov/far/html/52_200_206.html#wp1137622 http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/far/html/52_200_206.html#wp1141983 https://www.acquisition.gov/far/html/52_200_206.html#wp1141983 https://www.acquisition.gov/far/html/52_200_206.html#wp1141983 http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/far/html/52_200_206.html#wp1144881 https://www.acquisition.gov/far/html/52_200_206.html#wp1144881 https://www.acquisition.gov/far/html/52_200_206.html#wp1144881

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.

__ (11)(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.

__ (12)(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.

__ (13) [Reserved]

__ (14)(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).

__ (15)(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.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(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.

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

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