7200AA21R00097 P0005 Request for Proposal - NextGen Global Health Supply Chain - PSA HIV.pdf

(x)

7200AA21R00097

x x copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR

OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

02/04/20240005

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

02/04/2024

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The purpose of this modification is to amend the Questions & Answers from the 2nd round question submissions from Amendment 3, specifically #18, #19, #20 and #24.

Failure to comply with the submission dates will deem the submission as non-responsive and it will not be reviewed or evaluated.

**********END OF MODIFICATION P0005*********

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

Rita Habib

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

Solicitation Issuance Date: February 4, 2024 Revised Issuance Date: June 12 2024 Closing Date/Time for Offeror 2nd Round Questions: May 15, 2024 - 16:00 EST (4:00 EST) Closing Date and Time for Receipt of Proposals: June 14, 2024 - 16:00 EDT (4:00 EST)

Subject: Request for Proposals (RFP) No. 7200AA21R00097/000005 Procurement Service Agent for HIV (PSA HIV)

The United States Agency for International Development (USAID) is seeking proposals to provide Procurement as a Service for HIV-related procurement and delivery services for USAID’s Office of Global Health as described in the attached Request for Proposals (RFP). USAID anticipates this will be a stand alone contract award. The period of performance will consist of one base period and two option periods, not to exceed ten (10) years.

The primary NAICS code for this procurement is 541614 and the secondary is 541611. The authorized geographic code is 935.

Section L of the RFP sets forth all instructions for the preparation and submission of required proposal contents. Only electronic proposals sent to psahiv@usaid.gov in response to this RFP by the due date and time specified above will be accepted. For detailed submittal instructions, please refer to Section L. Proposals must be signed by an official who is authorized to bind the offeror’s organization.

Section M states the criteria by which proposals will be evaluated. Offerors must request explanations or interpretations in writing; oral statements will not be binding. This procurement utilizes the tradeoff process set forth in FAR 15.101-1.

This RFP in no way obligates USAID to award a contract nor does it commit USAID to pay any cost incurred in the preparation and submission of a proposal. Award of a Contract under this RFP is subject to availability of funds and other internal USAID approvals.

This RFP can be viewed and downloaded from sam.gov. USAID bears no responsibility for data errors resulting from transmission or conversion processes. Further, be aware that amendments to solicitations will be posted on sam.gov as well. USAID advises to regularly check the above website for amendments.

The Offeror is encouraged to consult the GHSC website www.ghsupplychain.org for details mailto:psahiv@usaid.gov http://www.sam.gov/ https://sam.gov/ https://www.ghsupplychain.org/

7200AA2100097 Amendment 05 about the content, coverage, history, publications including the USAID Product Catalog, and accomplishments of the GHSC Program.

Failure to comply with submission dates will deem the submission unacceptable and it will not be reviewed or evaluated. Mailed or faxed proposals are not acceptable, nor will they be reviewed or evaluated.

Sincerely, Rita Habib Supervisory Contracting Officer USAID Bureau for Management Office of Acquisition and Assistance

Table of Contents

PART I- -THE SCHEDULE 12

SECTION A: Standard Form 33 (SF-33) 12

SECTION B: SUPPLIES OR SERVICES AND PRICE/COSTS 13

B.1 DESCRIPTION OF SERVICES 13

B.2 CONTRACT TYPE 13

B.3 ESTIMATED COST, FEE AND OBLIGATED AMOUNT 13

B.4 COST REIMBURSABLE 15

B.5 FIXED FEE CEILING 15

B.6 PAYMENT OF FEE 15

B.7 BUDGET 17

B.8 LABOR 18

B.9 INDIRECT COSTS / INDIRECT COST RATE CEILING 18

SECTION C: PERFORMANCE WORK STATEMENT 20

SECTION D: PACKAGING AND MARKING 21

D.1 AIDAR 752.7009 MARKING (JAN 1993) 21

D.2 BRANDING STRATEGY, IMPLEMENTATION PLAN AND MARKING PLAN

D.3 NEXTGEN BRANDING STRATEGY 21

D.4 NEXTGEN MARKING PLAN 24

SECTION E: INSPECTION AND ACCEPTANCE 31

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 31

E.2 INSPECTION AND ACCEPTANCE 31

E.3 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP) 31

E.4 RESPONSIBLE OFFICIAL 32

SECTION F: DELIVERABLES OR PERFORMANCE 34

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 34

F.2 PERIOD OF PERFORMANCE 34

F.3 PLACE OF PERFORMANCE 35

F.4 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS) 35

F.5 REPORTS AND DELIVERABLES 36

F.6 FINAL TRANSITION and MOBILIZATION PLAN 40

F.7 MONITORING, EVALUATION AND LEARNING PLAN (MEL PLAN) 41

F.8 RISK MANAGEMENT PLAN 43

F.9 PLAN FOR MANAGEMENT OF ITS OPERATIONAL DATA 43

F.10 DATA SHARING & USE AGREEMENT 44

F.11 BRANDING IMPLEMENTATION AND MARKING PLAN 45

F.12 SUBCONTRACTING PLAN 45

F.13 QUALITY SURVEILLANCE PLAN (QASP) 45

F.14 ANNUAL WORK PLANS 46

F.15 PROCUREMENT AS A SERVICE (PaaS) STRATEGY 46

F.16 ONLINE CATALOG 47

F.17 CLIMATE CHANGE-RELATED REPORTING 47

F.18 CONTRACTOR SELF-EVALUATION 47

F.19 ANNUAL PERFORMANCE REPORT 48

F.20 QUARTERLY PERFORMANCE REPORTS (QPRs) 48

F.21 MONTHLY FINANCIAL REPORT 48

F.22 WEEKLY DASHBOARDS ON ORDER STATUS 49

F.23 ITS OPERATIONAL DATA TRANSFER 50

F.24 AD HOC INSTRUCTIONAL PRODUCTS, REPORTS AND TOOLS 50

F.25 PRE-CLOSEOUT TRANSITION DELIVERABLES 50

F.26 FINAL REPORT 51

F.27 AUTHORIZED WORK / WEEK 51

F.28 ENVIRONMENTAL MITIGATION AND MONITORING PLAN (EMMP) 52

F.29 ENVIRONMENTAL MITIGATION AND MONITORING REPORT (EMMR) 52

F.30 ANNUAL ORGANIZATION CONFLICT OF INTEREST (OCI) CERTIFICATION AND

DISCLOSURE FORM 52

F.31 KEY PERSONNEL 53

F.32 SUBCONTRACT REPORTING 53

SECTION G: CONTRACT ADMINISTRATION DATA 55

G.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 55

G.2 AIDAR 752.7003 DOCUMENTATION FOR PAYMENT (NOV 1998) 55

G.3 CONTRACTING OFFICER’S AUTHORITY 57

G.4 TECHNICAL DIRECTION/RELATIONSHIP WITH USAID 57

G.5 CONTRACTING OFFICER (CO) 59

G.6 CONTRACTING OFFICER’S REPRESENTATIVE (COR) 59

G.7 CONTRACTOR’S PRIMARY POINT OF CONTACT 59

G.8 PAYING OFFICE 59

G.9 INVOICE, ACCEPTANCE, APPROVAL AND PAYMENT 60

G.10 PAYMENT METHOD AND INVOICES 60

G.11 ACCOUNTING AND APPROPRIATION DATA 60

G.12 PAYMENT OF FIXED FEE 60

G.13 PAYMENT OF AWARD FEE 60

G.14 AWARD FEE EVALUATION PLAN (For Cost Plus Award Fee CLINs) 62

G.15 AWARD FEE EVALUATION PROCEDURES (For Cost Plus Award Fee CLINs) 62

G.16 AWARD FEE DETERMINATION 64

G.17 AWARD FEE GRADING TABLE 65

G.18 PERFORMANCE EVALUATION CATEGORIES (For Cost Plus Award Fee CLINs) 67

G.19 CONTRACTOR PERFORMANCE EVALUATION REPORT 67

SECTION H: SPECIAL CONTRACT REQUIREMENTS 69

H.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 69

H.2 EXECUTIVE ORDER ON TERRORISM FINANCING (FEB 2002) 69

H.3 USAID DISABILITY POLICY ACQUISITION (DEC 2004) 69

H.4 AUTHORIZED GEOGRAPHIC CODE 69

H.5 HOMELAND SECURITY PRESIDENTIAL DIRECTIVE-12 (HSPD-12) (SEPT

2006) 70

H.6 SHARING OF OPERATIONAL DATA WITH THE NEXTGEN CONTROL

TOWER 71

H.7 ORGANIZATIONAL CONFLICT OF INTEREST 73

H.8 ORGANIZATIONAL CONFLICT OF INTEREST – QUALIFYING TESTING

ISSUING (QUTI) CONTRACT 74

H.9 ORGANIZATIONAL CONFLICT OF INTEREST – CONTROL TOWER 75

H.10 ORGANIZATIONAL CONFLICT OF INTEREST – STRATEGIC RISK

MANAGEMENT (SRM) CONTRACT 75

H.11 SEXUAL MISCONDUCT (December 2020)/(ADS 302.3.5.5) Sexual Misconduct 75

H.12 ENVIRONMENTAL COMPLIANCE AND MANAGEMENT 76

H.13 PURCHASE OF RESTRICTED GOODS 77

H.14 LIMITATION ON ACQUISITION OF INFORMATION TECHNOLOGY (APR

2018) (DEVIATION NOs M-OAA-DEV-FAR-22-03C and M-OAA-DEV-

AIDAR-22-06C) 77

H.15 RESERVED 78

H.16 INFORMATION AND COMMUNICATION TECHNOLOGY ACCESSIBILITY

(APRIL 2024) (DEVIATION NO. M-OAA-DEV-AIDAR-24-4c) (AAPD 16-02 Revision 4) 78

H.17 INFORMATION TECHNOLOGY AUTHORIZATION (APRIL 2024)

(DEVIATION NO. M- OAA-DEV-FAR-22-04c) 79

H.18 MEDIA AND INFORMATION HANDLING AND PROTECTION (APRIL 2018)

(DEVIATION NO. M-OAA-DEV-AIDAR-24-05c) 80

H.19 PRIVACY AND SECURITY INFORMATION TECHNOLOGY SYSTEMS

INCIDENT REPORTING (APR 2018) (DEVIATION NO. M-OAA-DEV-AIDAR-

24-05c) 82

H.20 CLOUD COMPUTING (APR 2018) (DEVIATION NO. M-OAA-DEV-AIDAR-

24-05c) 86

H.21 ADS 206.3.12 - COVERED PARTICIPANTS 93

H.22 RESTRICTIONS AGAINST DISCLOSURE (MAY 2016) (DEVIATION NO. M-

OAA- DEV-AIDAR-24-05c) 93

H.23 CONTRACTOR ACCESS TO USAID FACILITIES AND USAID’S

INFORMATION 94

H.24 MOST FAVORED NATIONS 96

H.25 FAR PART 4.21 PROHIBITION ON CONTRACTING FOR CERTAIN

COVERED TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT (SECTION 889) (JUNE 2023) 96

H.26 WORKER’S COMPENSATION INSURANCE (DEFENSE BASE ACT) (DEC

1991) 97

H.27 SAFEGUARDS AND INSURANCE AGAINST PRODUCT LOSS 98

H.28 RIGHTS IN DATA 98

H.29 SUBCONTRACTING CONSENT 99

SECTION I: FEDERAL ACQUISITION REGULATION (FAR) CONTRACT CLAUSES 100

I.1 NOTICE LISTING CONTRACT PROVISIONS AND CLAUSES

INCORPORATED BY REFERENCE 100

I.2 FAR 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND

CONDUCT (NOV 2021) 107

I.3 FAR 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems (Jun 2016) 111

I.4 FAR 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE,

SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY

LAB AND OTHER COVERED ENTITIES. (DEC 2023) 113

I.5 FAR 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT. (NOV 2021) 114

I.6 FAR 52.204-30 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS– PROHIBITION (DEC 2023) 117

I.7 FAR 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION

REGARDING RESPONSIBILITY MATTERS (JUL 2013) 122

I.8 FAR 52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE

(APR 1991) 123

I.9 FAR 52.215-2 AUDIT AND RECORDS - NEGOTIATION (JUN 2020) 123

I.10 FAR 52.216-7 ALLOWABLE COST AND PAYMENT (AUG 2018) 125

I.11 FAR 52.216-24 LIMITATION OF GOVERNMENT LIABILITY (APR 1984) 131

I.12 FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR

2000) 131

I.13 FAR 52.222-50 COMBATING TRAFFICKING IN PERSONS (OCT 2020)

(Alternate I MAR 2015) 131

I.14 FAR 52.227-14 RIGHTS IN DATA- GENERAL (MAY 2017) 140

I.15 FAR 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR

(APR 1984) 146

I.16 FAR 52.232-22 LIMITATION OF FUNDS (APR 1984) 146

I.17 FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS (DEC 2013) 148

I.18 FAR 52.243-2 CHANGES IN COST REIMBURSEMENT (AUG 1987) 149

I.19 FAR 52.247-67 SUBMISSION OF TRANSPORTATION DOCUMENTS FOR

AUDIT (FEB 2006) 150

I.20 FAR 52.252-3 ALTERATIONS IN SOLICITATION (APR 1984) 150

I.21 FAR 52.252-4 ALTERATIONS IN CONTRACT (APR 1984) 150

I.22 FAR 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS. (NOV 2020)

I.23 FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES. (NOV 2020) 151

I.24 AIDAR 752.209-71 ORGANIZATIONAL CONFLICTS OF INTEREST

DISCOVERED AFTER AWARD (JUN 1993) 151

I.25 AIDAR 752.216-70 AWARD FEE (MAY 1997) 152

I.26 AIDAR 752.225-70 SOURCE AND NATIONALITY REQUIREMENTS (FEB

2012) 152

I.27 AIDAR 752.228-70 MEDICAL EVACUATION (MEDEVAC) Services (JUL 2007) 153

I.28 AIDAR 752.229-71 REPORTING OF FOREIGN TAXES (JUL 2007) 153

I.29 AIDAR 752.242-70 PERIODIC PROGRESS REPORTS (OCT 2007) 154

I.30 AIDAR 752.7005 SUBMISSION REQUIREMENTS FOR DEVELOPMENT

EXPERIENCE DOCUMENTS (SEPT 2013) 155

I.31 AIDAR 752.7007 PERSONNEL COMPENSATION (JUL 2007) 156

I.32 AIDAR 752.7032 INTERNATIONAL TRAVEL APPROVAL AND

NOTIFICATION REQUIREMENTS (APR 2014) 157

I.33 USAID IMPLEMENTATION OF SECTION 508 OF THE REHABILITATION

ACT OF 1973 AND FEDERAL ACQUISITION CIRCULAR (FAC) 97-27

"ELECTRONIC AND INFORMATION TECHNOLOGY ACCESSIBILITY" (ADS

302.3.5.11) 157

I.34 AIDAR 752.7013 CONTRACTOR-MISSION RELATIONSHIPS (OCT 1989)

[DEVIATION JUN 2018] 157

I.35 AIDAR 752.7025 APPROVALS (APR 1984) 158

I.36 AIDAR 752.7027 PERSONNEL (DEC 1990) 158

I.37 AIDAR 752.7028 DIFFERENTIALS AND ALLOWANCES (JUL 1996) 160

I.38 AIDAR 752.7031 LEAVE AND HOLIDAYS (OCT 1989) 163

I.39 AIDAR 752.7032 INTERNATIONAL TRAVEL APPROVAL AND

NOTIFICATION REQUIREMENTS (APR 2014) 166

I.40 CONSCIENCE CLAUSE IMPLEMENTATION (ACQUISITION) (FEBRUARY

2012) / 166

I.41 CONDOMS (ACQUISITION) (SEPTEMBER 2014) / ADS 302.3.5.16(a)(3)

CONDOMS (ACQUISITION) (SEPT 2014) 166

I.42 PROHIBITION ON THE PROMOTION OR ADVOCACY OF THE

LEGALIZATION OR PRACTICE OF PROSTITUTION OR SEX TRAFFICKING

(SEPT 2014) 167

I.43 ADVANCE PAYMENTS ALT II and ALT V(MAY 2001) 168

PART III – LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS 175

SECTION J: ATTACHMENTS 175

PART IV – REPRESENTATION AND INSTRUCTIONS 177

SECTION K: REPRESENTATION, CERTIFICATION, AND OTHER STATEMENT OF

OFFERORS 177

K.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

K.2 FAR 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS

AND CERTIFICATIONS 178

K.3 FAR 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING

PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEPT

2007) 178

K.4 FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018) 179

K.5 FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY

2022) [AAPD-20-07 Rev.1] 180

K.6 FAR 52.204-20 PREDECESSOR OF OFFEROR (AUG 2020) 184

K.7 FAR: 52.204-24 REPRESENTATION REGARDING CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (NOV 2021) 185

K.8 FAR 52.204-26 COVERED TELECOMMUNICATION EQUIPMENT OR

SERVICES- REPRESENTATION (OCT 2020) 188

K.9 FAR 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS– REPRESENTATION AND DISCLOSURES (DEC 2023) 188

K.10 FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS

(AUG 2020) 189

K.11 FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTER

(OCT 2018) 192

K.12 FAR 52.209-11 REPRESENTATION BY CORPORATION REGARDING

DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY

FEDERAL LAW (FEB 2016) 193

K.13 FAR 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR

AGREEMENTS- CERTIFICATION (FEB 2021) 194

K.14 FAR 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATION (SEP

2021) 196

K.15 FAR 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS

(FEB 1999) 201

K.16 FAR 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984) 202

K.17 FAR 52.223-22 PUBLIC DISCLOSURE OF GREENHOUSE GAS EMISSION

AND REDUCTION GOALS-REPRESENTATIVE (DEC 2016) 202

K.18 FAR 52.222-38 COMPLIANCE WITH VETERANS' EMPLOYMENT

REPORTING REQUIREMENT (FEB 2016) 202

K.19 FAR 52.225-20 PROHIBITION ON CONDUCTION RESTRICTED BUSINESS

OPERATIONS IN SUDAN-CERTIFICATION (AUG 2009) 203

K.20 FAR 52.227.15 REPRESENTATION OF LIMITED RIGHTS DATA AND

RESTRICTED COMPUTER SOFTWARE (DEC 2007) 204

K.21 FAR 52.230-1 COST ACCOUNTING STANDARDS NOTICES AND

CERTIFICATION (JUN 2020) 204

I. DISCLOSURE STATEMENT-COST ACCOUNTING PRACTICES AND

CERTIFICATION 205

II. COST ACCOUNTING STANDARDS-ELIGIBILITY FOR MODIFIED

CONTRACT COVERAGE 206

III. ADDITIONAL COST ACCOUNTING STANDARDS APPLICABLE TO

EXISTING CONTRACTS 207

K.22 FAR 52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION

(JUN 2023) 207

K.23 FAR 52.230-7 PROPOSAL DISCLOSURE-COST ACCOUNTING PRACTICE

CHANGES (APR 2005) 208

K.24 AGREEMENT ON, OR EXCEPTIONS TO, TERMS AND CONDITIONS 210

K.25 AUTHORIZED NEGOTIATOR 210

K.26 SIGNATURE 210

SECTION L: INSTRUCTION TO OFFERORS 211

L.1 52.252-1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED

BY REFERENCE (FEB 1998) 211

L.2 AIDAR 302.5.16(a)(1) CONSCIENCE CLAUSE IMPLEMENTATION

(ACQUISITION) – SOLICITATION PROVISION (FEB 2012) 212

L.3 WAIVERS UNDER FAR PART 4.2101 PROHIBITION ON COVERED

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES AND

EQUIPMENT (JUNE 2023) 213

L.4 FAR 52.216-1 TYPE OF CONTRACT (APR 1984) 213

L.5 FAR 52.233-2 SERVICE OF PROTEST (SEPT 2006) 213

L.6 GENERAL INSTRUCTIONS 214

L.7 INSTRUCTIONS FOR THE PREPARATION OF THE NON-COST

(TECHNICAL) FACTORS 216

L.7.1 Cover Letter (not to exceed 2 Pages) 216 L.7.2 Factor 1: Technical Approach 217 L.7.3 Factor 2: Management and Staffing Approach 220 L.7.4 Factor 3: Past Performance Information (PPI) 222

L.8 INSTRUCTIONS FOR THE PREPARATION OF VOLUME II - COST

PROPOSAL 223

L.8.1 Organization of Cost/Price Proposal (Factor 4) 223 L.8.2 Part 1 - Proposed Budget Attachment J-11 (MS Excel) 224 L.8.3 Part 2 - Budget Narrative 227 L.8.4 Part 3 - Representations, Certifications, and Other Statements of

Offerors 234 L.8.5 Part 4 - Joint Venture Information 234 L.8.6 Part 5 - Evidence of Responsibility 235 L.8.7 Part 6 - Disclosure of Lobbying Activities 235 L.8.8 Part 7 - Letters of Commitment (Subcontractors) 236 L.8.9 Part 8 - Information to Support Consent to Subcontract 236 L.8.10 Part 9 - Information Concerning Work-Day, Work-Week, and Paid

Absences 236 L.8.11 Part 10 - Biographical Data Sheets for Key Personnel 236 L.8.12 Part 11 - Total Compensation Plan (FAR 52.222-46) 236 L.8.13 Part 12 - Identification of Uncompensated Overtime 236

L.8.14 Part 13 - Policies and Procedures 237 L.8.15 Part 14 - Statutory Small Business Subcontracting Form 237 L.8.16 Part 15 - Organizational Conflict of Interest (OCI) Mitigation Plan (as applicable) and Reservation of Rights to Engage in Exchanges Regarding OCI and Responsibility Determinations 237

SECTION M: EVALUATION FACTORS FOR AWARD 238

M.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE 238

M.2 BASIS FOR AWARD 238

M.2.1 Relative Order of Importance of the Evaluation Factors 239 M.2.2 Evaluation Rating Methodology 239

M.3 EVALUATION CRITERIA 241

M.4 DETAILED EVALUATION OF INDIVIDUAL FACTORS 242

M.4.1 Factor 1: Technical Approach 242 M.4.2 Factor 2- Management and Staffing Approach 243 M.4.3 Factor 3 – Past Performance 244 M.4.4 Factor 4 - Cost 245

M.5 DETERMINATION OF COMPETITIVE RANGE 246

ATTACHMENT J.1 - STATEMENT OF OBJECTIVES 247

C.1 TITLE 247

C.2 PURPOSE 247

C.3 BACKGROUND 247

C.4 PLACE OF PERFORMANCE 248

C.5 PROBLEM STATEMENT 248

C.6 SCOPE OF PSA HIV ACTIVITIES 248

C.6.1 COMMODITIES TO BE PURCHASED 250

C.6.2 MANUFACTURERS AND SUPPLIERS 250

C.6.3 QUALITY REQUIREMENTS 250

C.6.4 COMMODITIES REGISTRATION 251

C.7 PERFORMANCE OBJECTIVES, RESULTS AND PERFORMANCE

STANDARDS 251

Objective 1: EXECUTION of procurement and delivery of quality-assured HIV/AIDS and other health commodities is effective and efficient. 251 Objective 2: Contractor demonstrates AGILITY to respond to dynamic HIV/AIDS and other health commodities’ program requirements. 252 Objective 3: A procurement service approach which fosters SUSTAINABILITY of the overall supply chain by embracing innovative methods of procurement and order fulfillment. 253 Objective 4: Management of the procurement services are both efficient and COST EFFECTIVE. Cost drivers are analyzed and reported to USAID to target cost reductions. 254

C.8 MONITORING, EVALUATION AND LEARNING PLAN (MEL PLAN) / KEY

PERFORMANCE INDICATORS (KPIs) 255

C.9 INNOVATION 256

C.10 OPERATING CONSTRAINTS 256

C.10.1 RELATIONSHIP TO OTHER ACTIVITIES AND REDUNDANCIES 256

C.10.2 THE ROLE OF THE NEXTGEN CONTROL TOWER 259

C.10.3 RISK MANAGEMENT 260

C.10.4 GENDER 260

C.10.5 ADDRESSING CLIMATE CHANGE 260

C.10.6 OPERATIONAL PLANNING AND SEQUENCING OF AWARDS DURING THE

TRANSITION PERIOD 261

C.10.7 PRIVATE SECTOR ENGAGEMENT 261

LIST OF ACRONYMS 262

PART I- -THE SCHEDULE

SECTION A: Standard Form 33 (SF-33)

SECTION B: SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 DESCRIPTION OF SERVICES

The purpose of this requirement is to execute Procurement as a Service (PaaS) and deploy procurement strategies to ensure the timely procurement and delivery of quality-assured and affordable health commodities to people impacted by HIV/AIDS.

The Contractor shall direct its efforts globally, in support of the U.S. President's Emergency Plan For AIDS Relief (PEPFAR) countries, and in concerted effort with the United States Agency for International Development (USAID) Washington and Mission-based health offices. This requirement is within the Next Generation Global Health Supply Chain Suite of Programs (NextGen).

B.2 CONTRACT TYPE

This is a hybrid Cost-Plus-Award-Fee (CPAF) and Cost-Plus-Fixed-Fee Completion (CPFF) stand-alone contract consistent with Federal Acquisition Regulations (FAR) 16.401(e)(1) and 16.306(d)(1).

B.3 ESTIMATED COST, FEE AND OBLIGATED AMOUNT

a) The estimated cost for the performance of the work required hereunder, exclusive of all fees is [$TBD]. The base fee is [$TBD]. The maximum award fee is [$TBD]. The fixed fee is [$TBD]. The total estimated cost plus all the maximum fees is [$5,000,000,000 ($5 billion)].

b) The amount currently obligated and available for reimbursement of allowable costs incurred by Contractor (and payment of fee, if any) for performance hereunder is [$TBD]. The Contractor must not exceed the aforesaid obligated amount, nor will the U.S. Government (USG) be responsible for costs incurred should the Contractor do so.

c) Funds obligated hereunder are anticipated to be sufficient through [DATE TBD].

Funding for this contract will be on an incremental basis, subject to availability of funds.

d) The amount currently obligated and available for reimbursement of allowed costs incurred by the Contractor is itemized below. The Contractor must not exceed the obligated amount and may not bill for advance payment of fee.

Base Period (Years TBD):

Contract Line Item Description Total

Estimated Amount

Total Obligated Amount

0001 Direct Costs (Excluding Commodities) $TBD

0002 Indirect Costs $TBD

0003 Commodities (Direct Cost Only) $TBD

0004 Base Fee $TBD

0005 Award Fee $TBD

Information Technology System (ITS) Costs (Direct Costs, Indirect Costs, Fixed Fee)

$TBD

Total Cost $TBD

Option Period One (Years TBD) if exercised:

Contract Line Item Description Total

Estimated Amount

Total Obligated Amount

0001 Direct Costs (Excluding Commodities) $TBD

0002 Indirect Costs $TBD

0003 Commodities (Direct Cost Only) $TBD

0004 Base Fee $TBD

0005 Award Fee $TBD

Information Technology System (ITS) Costs (Direct Costs, Indirect Costs, Fixed Fee)

$TBD

Total Cost $TBD

Option Period Two (Years TBD) if exercised:

Contract Line Item Description Total

Estimated Amount

Total Obligated Amount

0001 Direct Costs (Excluding Commodities) $TBD

0002 Indirect Costs $TBD

0003 Commodities (Direct Cost Only) $TBD

0004 Base Fee $TBD

0005 Award Fee $TBD

Information Technology System (ITS) Costs (Direct Costs, Indirect Costs, Fixed Fee)

$TBD

Total Cost $TBD

B.4 COST REIMBURSABLE

The U.S. dollar costs allowable will be limited to reasonable, allocable and necessary costs determined in accordance with FAR 31 (Contract Cost Principles), FAR 52.216- 7 (Allowable Cost and Payment), AIDAR 752.216-70 (Award Fee) if applicable, FAR 52.232- 20 (Limitation of Cost), FAR 52.232-22, (Limitation of Funds), and AIDAR 752.7003 (Documentation for Payment), may be reimbursable under this contract.

B.5 FIXED FEE CEILING

The CO and Contractor agree to negotiate a fixed dollar amount for fee. The fixed fee must not exceed [insert fixed fee percentage] of the total estimated cost, excluding fee.

The fixed fee ceiling applies to the prime contract and all cost-reimbursement subcontracts.

B.6 PAYMENT OF FEE

a) Fixed Fee

1) In negotiating the fixed dollar amount for fee, the CO must consider the policies and factors for establishing fee in FAR 15.404-4 as well as any applicable USAID policy on establishing a fixed fee amount.

2) The Government will pay the Contractor for performing this contract the fixed fee in accordance with FAR 52.216-8, Fixed Fee (JUNE 2011). USAID will withhold 15% of the total fee or $100,000 whichever is less until the required conditions under the referenced clauses have been met.

3) If the CO determines that fixed fees paid results in a disproportionately higher ratio of fixed fee than the percentage of work that the Contractor has completed, then the CO may suspend further payment of any fixed fee until the Contractor has made sufficient progress to justify further payment, up to the withholding amounts.

b) Base Fee The payment of base fee will be in accordance with the following:

1) Subject to the withholding provision of the contract clause entitled "Fixed Fee" (FAR 52.216-8), the base fee specified in Section B shall be paid in installments at the time of each payment on account of allowable cost. The amount of each such installment will be determined by applying - to the amount payable as allowable cost - a percentage reflecting the ratio of total contract base fee to total contract estimated costs.

2) In the event of discontinuance of the work in accordance with the clause of the contract entitled "Termination (Cost Reimbursement)" (FAR 52.249-6), the base fee shall be re-determined by mutual agreement equitably to reflect the reduction in the work actually performed. The amount by which such base fee is less than, or exceeds, payments previously made on account of the base fee shall be paid to, or repaid by the Contractor, as applicable.

c) Award Fee

1) The Contractor may earn and be paid all or a portion of an award fee for performance under this contract. The Government’s purpose in paying an award fee is to encourage and reward superior contract performance.

2) The maximum award fee will be made available to the Contractor in ten (10) increments, with the first evaluation occurring twelve months after effective date, and the remaining nine (9) evaluations occurring annually, on the anniversary of the effective date, as specified below:

a) The determination of the award fee, if any, earned by the

Contractor will be in accordance with the Award Fee Evaluation Plan (Section G.12).

b) Unearned award fee cannot rollover from one award fee increment to the next award fee increment. The amount of award fee to be earned is a unilateral and subjective Government evaluation decision.

c) Payment of any award fee earned by the Contractor shall not be subject to withholdings.

B.7 BUDGET

Base Period:

Contract Line Item Description Total

0001 Direct Costs (Excluding Commodities) $TBD

0002 Indirect Costs $TBD

0003 Commodities (Cost Only) $TBD

0004 Base Fee $TBD

0005 Award Fee $TBD

0006 Information Technology System (ITS) Costs (Direct Costs, Indirect Costs, Fixed Fee)

$TBD

Total Cost $TBD

Option Period One:

Contract Line Item Description Total

0001 Direct Costs (Excluding Commodities) $TBD

0002 Indirect Costs $TBD

0003 Commodities (Cost Only) $TBD

0004 Base Fee $TBD

0005 Award Fee $TBD

0006 Information Technology System (ITS) Costs (Direct Costs, Indirect Costs, Fixed Fee)

$TBD

Total Cost $TBD

Option Period Two:

Contract Line Item Description Total

0001 Direct Costs (Excluding Commodities) $TBD

0002 Indirect Costs $TBD

0003 Commodities (Cost Only) $TBD

0004 Base Fee $TBD

0005 Award Fee $TBD

0006 Information Technology System (ITS) Costs (Direct Costs, Indirect Costs, Fixed Fee)

$TBD

Total Cost $TBD

B.8 LABOR

Compensation of personnel under this contract or any resulting subcontract must be in accordance with AIDAR 752.7007 Personnel Compensation (July 2007) (See Section I.31).

B.9 INDIRECT COSTS / INDIRECT COST RATE CEILING

a) The Contractor is authorized to recover applicable indirect costs, if it is part of the contractor’s usual accounting procedures, consistent with FAR Part 31, and cognizant Negotiated Indirect Cost Rate Agreement (NICRA).

b) The contract clause entitled “Allowable Cost and Payment (AUG 2018)”, FAR 52.216- 7, specifies that the indirect cost rates shall be established for each of the Contractor’s accounting periods that apply to this contract. Pending establishment of revised provisional or final indirect cost rates, allowable indirect costs must be reimbursed on the basis of the negotiated provisional or predetermined rates and the appropriate bases for prime contractors and their major subcontractors as contained herein;

c) Reimbursement for allowable indirect costs shall be at final negotiated rates, but not in excess of the following ceiling rates in accordance with FAR 42.707 “Cost Sharing Rates & Limitation on Indirect Ceilings” if specified below:

1) The Contractor must not make changes in its established method of classifying or allocating indirect costs without the prior written approval of the Contracting Officer;

2) The Government will not be obligated to pay any additional amount on account of indirect costs above the ceiling rates established herein;

3) The understanding shall not change any monetary ceiling, obligation, cost limitation, or obligation established in the contract;

4) In the event the final indirect cost rates are less than the negotiated ceiling rates, the negotiated rates will be reduced to conform with the lower rates.

Table B.9: [To be completed at the time of Award]

Contractor Fringe Rate%

Fringe Rate Ceiling

Overhead Rate %

Overhead Rate Ceiling

G&A Rate %

G&A Rate Ceiling

PRIME Contractor (insert) Type of Rate (insert) Base of Application (insert) Source: (insert) Period: (insert)

MAJOR SUBCONTRACTOR(S)

Type of Rate Base of Application (insert) Source: (insert) Period: (insert)

● Note 1: Contractors are allowed to recoup indirect costs (OH, G&A, etc.) as other direct costs if it is part of the contractor’s usual accounting procedures, consistent with FAR 31 and the Contractor’s NICRA.

● Note 2: Major subcontractors are defined in Section L.7.4.

[END SECTION B]

SECTION C: PERFORMANCE WORK STATEMENT

USAID will insert the contractor’s final Performance Work Statement (PWS) at time of award.

See Section J, Attachment J.1 - STATEMENT OF OBJECTIVES (SOO) that informs the development of Section C.

[END SECTION C]

SECTION D: PACKAGING AND MARKING

D.1 AIDAR 752.7009 MARKING (JAN 1993)

a) It is USAID policy that USAID-financed commodities and shipping containers, and project construction sites and other project locations be suitably marked with the USAID emblem. Shipping containers are also to be marked with the last five digits of the USAID financing documents number. As a general rule, marking is not required for raw materials shipped in bulk (such as coal, grain, etc.), or for semi-finished Products which are not packaged.

b) Specific guidance on marking requirements should be obtained prior to procurement of commodities to be shipped, and as early as possible for project construction sites and other project locations. This guidance will be provided through the cognizant technical office indicated on the cover page of this contract, or by the Mission Director in the Cooperating Country to which commodities are being shipped or in which the project site is located.

c) Authority to waive marking requirements is vested with the Regional Assistant Administrators, and with Mission Directors.

d) A copy of any specific marking instruction or waivers from marking requirements is to be sent to the Contracting Officer; the original should be retained by the Contractor.

D.2 BRANDING STRATEGY, IMPLEMENTATION PLAN AND MARKING PLAN

The Contractor must comply with the requirements of the policy directives and required procedures outlined in USAID Automated Directive System (ADS) 320.3.2 “Branding and Marking in USAID Direct Contracting” (version from January 2, 2015) at http://www.usaid.gov/policy/ads/300/320.pdf; and USAID "Graphic Standards Manual" available at www.usaid.gov/branding, or any successor branding policy.

As per 320.3.2 Branding and Marking in USAID Direct Contracts, USAID policy is to require exclusive branding and marking in USAID direct acquisitions. “Exclusive Branding” means that the program is positioned as USAID’s, as showcased by the project name (e.g., “The USAID NextGen”). “Exclusive Marking” means Contractors may only mark USAID-funded programs, projects, activities, public communications, and commodities with the USAID Standard Graphic Identity and, where applicable, the host country government or ministry symbol or another U.S. Government logo.

It is USAID’s policy that Contractors’ and subcontractors’ corporate identities or logos must not be used on USAID-funded project materials.

D.3 NEXTGEN BRANDING STRATEGY

a) Positioning http://www.usaid.gov/policy/ads/300/320.pdf http://www.usaid.gov/branding

1) Program Name. The program name is “NextGen”. The objective is to focus on NextGen, not individual partners or awards. Documents need not reference the specific agreement, or contract under which the work is funded.

2) USAID Logo. There is no NextGen logo. The logo to be used is the USAID logo using USAID logo's fonts, typefaces, colors, and sizes in ADS 320, the USAID Graphic Standards Manual and Partner Co-branding Guide.

3) Primacy of USAID and Other U.S. Government Logos. Materials funded under NextGen will typically carry only the USAID and PEPFAR/PMI logos. Logos of contractors will not be used on NextGen-funded materials, except that the implementing partner’s name and contact information may be included on the inside or back covers of documents. For grantees and cooperative agreements, the implementing partner’s logo can be co-branded with the USAID logo.

4) Mission Brands or Names. Since NextGen supports in-country programs, NextGen documents and materials will use the Mission brands or names (e.g., USAID | Nigeria) if a Mission requests it. In such cases, NextGen should be acknowledged to the maximum extent practicable.

5) Individual Awards. There are no sub-brands for individual awards. Awards will be identified by starting with “NextGen” followed by the name of the award – for example NextGen PSA HIV.

6) Contractors may not generate their own corporate publicity about a USAID-funded NextGen or make public the findings of USAID-funded studies or reports (e.g., at conferences and public meetings) without first obtaining permission from the COR/AOR or Activity Manager.

7) Translations. USAID translated identities are located at https://www.usaid.gov/branding/translated-brandmarks.

b) Categories of NextGen Types of Branding and Marking

There are several categories of branding and marking:

1) Exclusive USAID branding and marking for contracts. NextGen products, publications, and events are branded in accordance with ADS 320.3.2. “Exclusive Branding '' means that NextGen is positioned as USAID’s, as showcased by NextGen Name. “Exclusive Marking” means contractors may only mark USAID-funded NextGen projects, activities, public communications, and commodities with the USAID Standard Graphic Identity and, where applicable, the host-country government or ministry symbol or another U.S. Government logo.

2) Co-branding and marking for assistance awards. NextGen products, publications, and events positioned as being from NextGen are co-branded and co-marked in accordance with 22 CFR 226.91.

3) Co-branding and marking for inter-agency agreements and agreements with other Donors. NextGen products, publications, and events positioned as being from NextGen are co-branded and co-marked in accordance with ADS 320.3.4.1.

This includes PEPFAR and PMI co-branding and co-marking. USAID approval is https://www.usaid.gov/branding/translated-brandmarks not required for this type of co-branding and co-marking.

4) PEPFAR co-branding and co-marking. This is used whenever materials or activities are supported by HIV funds. The PEPFAR logo and the USAID logo should be of equivalent size and prominence; in all cases, PEPFAR should be the lead brand. USAID approval is not required for PEPFAR co-branding. Consult any current USAID guidance on PEPFAR cobranding.

5) U.S. President’s Malaria Initiative (PMI) co-branding and co-marking. This is used whenever materials or activities are supported by PMI funds. The PMI logo and the USAID logo should be prominent on the product or material. USAID approval is not required for PMI co-branding. Consult any current USAID guidance on PMI co-branding.

6) Exceptions. Branding or marking is not required for:

a) agreements with public international organizations that meet the requirements in ADS 320.3.5.b; and

b) agreements where the entity is ordering the commodities or materials on its own account and reimbursing USAID.

In such cases, USAID will seek to co-brand, co-mark or have an acknowledgement of NextGen’s involvement.

c) Branding Strategy - NextGen Communications and Publicity

1) Host Country Audience.

NextGen generally provides commodities and technical assistance as part of a Mission program or as part of a larger global health initiative. Therefore, the branding will generally feature the in-country activity and not focus on branding the commodity or technical assistance as part of NextGen.

NextGen will be featured more prominently in cases where NextGen is offering its services to host country institutions as an option available for the procurement of health commodities and a source for excellent technical assistance in supply chain management.

2) Promotional Activities/Materials for Host-country Citizens The opportunities for, and appropriateness of, widespread in-country publicity and external promotion of NextGen is somewhat limited because of the nature of the activities (e.g., behind -the-scenes technical assistance) and results (e.g., improved essential health commodity supply chains) as opposed to more visible activities (e.g., building a school, establishing a clinic, providing food aid, or repairing a road). Host country awareness of the support of the American people through NextGen will be generated primarily through the following key opportunities:

● NextGen activities (e.g., acknowledgment at training workshops, commodity security meetings, and events);

● Success stories (disseminated through the USAID website(s), USAID

● listservs, and newsletters, etc.);

● Beneficiary testimonials;

● Site visits by USAID and U.S. or host country government officials;

● Professional photography of key visits by top U.S. or host country government officials, training workshops, etc.;

● Conference presentations, posters, and exhibition booths;

● Launch or close-out events, when and where appropriate;

● Public awareness or participation in events organized by U.S. Embassies and Missions;

● Announcements of research findings, or releases of new studies;

● Promotion of final or interim reports; and

● Communication of NextGen impact/overall results.

3) International Audiences NextGen will be prominently featured to international audiences, including other donors, international organizations, manufacturers and suppliers of medicines, lab equipment and other commodities. It will stress the following:

● NextGen is not a project or a specific contractor but a decades-long successful and influential USAID global health supply chain program.

● NextGen is the leading program of the U.S. Government in the procurement of global health commodities and takes a leadership role in market dynamics, quality assurance and other aspects of global health commodity procurement.

● USAID, through NextGen, is the U.S. Government’s technical leader on

● global health procurement and host country supply chain strengthening.

4) U.S. General Public Audiences

NextGen will be part of USAID and PEPFAR and PMI messages to the general public in the United States. It will emphasize targets reached, commodities supplied, and savings.

D.4 NEXTGEN MARKING PLAN

1) Table 1 below outlines the most common types of materials and commodities that may be produced under NextGen. Any NextGen materials that are not listed below are subject to this Marking Plan.

2) Marking is not required on items used as part of the administration of the contract, such as stationery products, equipment, and offices. The goal is to mark NextGen projects, and commodities, not implementing partners.

3) Exceptions. In addition to the exceptions in ADS 320 and 22 CFR 226.91, the following exceptions apply to the marking requirements in Table 1:

a) “By” or “From” a Host-Country Government or Partner. USAID branding need not be used where the COR/AOR or Activity Manager determines that USAID branding would undercut host-country ownership of constitutions, laws, regulations, policies, studies, assessments etc., and is better positioned as being “by” or “from” from a host-country government or partner. NextGen is trying to build capacity of host country governments and their organizations (NextGen goal of capacity building) and branding would compromise ownership of materials.

b) Appearance of neutrality. The presumptive exception to full branding can be used where the COR/AOR or Activity Manager determines that in the field when the objective or purpose of the product would be furthered by an appearance of neutrality; branding causes the data or findings to be viewed as not credible by target audiences; branding impairs the functionality of the product; branding would not be cost-beneficial or practical; branding of a particular product would violate a cultural or social norm, or would otherwise be considered inappropriate. USAID does not expect that this presumptive exception will be used very often but there may be instances where USAID marking would meet the above criteria for not marking. These exceptions will be approved on a case-by- case basis by the COR/AOR or Activity Manager.

c) Commodities. Marking of commodities is required only when the COR/AOR or Activity Manager requires it. Under ADS 312, the packaging of pharmaceuticals, contraceptives and condoms are not subject to marking requirements. In addition, there is an existing presumptive exception for the marking of other commodities purchased under the current Global Health Supply Chain (GHSC)-Procurement and Supply Management and GHSC-Rapid Test Kits projects.

4) Exact positioning of NextGen name or other USAID acknowledgment may vary if the product is subject to co-branding or no branding.

5) Even when a document qualifies for “no branding,” USAID's contribution will, to the maximum extent practicable, be acknowledged in an appropriate way (e.g., USAID support may be acknowledged in the preface, foreword, or acknowledgment sections of a document).

CATEGORY TYPE OF MARKING NOTES

ADMINISTRATIVE

Stationery products (administrative business)

USAID standard graphic identity will not be used on stationery products intended for administrative use; the Contractor should use its own letterhead. Examples include letters for hiring, purchase orders, office space rental, etc.

Pertains to letterhead, envelopes, mailing labels, fax cover sheets, name tags;

designs for these materials use “[contractor name],” and not the project name with the USAID identity.

Stationery products (NextGen related)

Stationery products that are used for NextGen purposes will use the USAID logo and NextGen.

Pertains to letters that accompany NextGen materials, workshop invitation letters, etc.

Business cards The USAID logo will not be used on business cards. The Contractor should use its own business cards but include the line “Contractor for USAID Rx NextGen” at the bottom of the business card.

Please refer all inquiries about the use of the USAID identity on business cards to the COR.

Office signs USAID standard graphic identity will not be used to mark project offices. Signs may say e.g., “[name] a contractor for the USAID Rx NextGen”

Please refer all inquiries about the use of the USAID identity on office signs to the COR.

Project deliverables (e.g., semiannual reports, work plans, performance and monitoring plans, financial reports, etc.)

Follows guidelines for full USAID marking and branding.

Internal management reports (regular routine reporting)

Implementing Partners Follows guidelines for full

Websites USAID marking and branding.

Notecards Follows guidelines for full USAID marking and branding.

Pertains to thank you cards, announcement cards, etc.

Folders Follows guidelines for full USAID marking and branding.

TECHNICAL

Implementing Partner Technical websites

The USAID standard graphic identity and NextGen name is at the top of the homepage and sub-pages as appropriate; design follows guidelines for full branding and marking.

Technical reports, studies, analyses, briefing papers, memoranda, training materials, manuals, policy recommendations, fliers, fact sheets, presentations, and conference posters

The USAID standard graphic identity and NextGen name are incorporated into the splash screen/menu and printed on the software packaging; design follows guidelines for full branding unless co-branding is appropriate or required by PEPFAR or PMI.

Software The USAID standard graphic identity and NextGen name are incorporated into the splash screen/menu and printed on the software packaging; design follows guidelines for full branding unless co-branding is appropriate or required by PEPFAR or PMI

CD-ROMs and videos The USAID standard graphic identity and NextGen name printed on the CD label, splash screen/menu, and packaging; design follows guidelines for full branding unless co- branding is appropriate or required by PEPFAR or PMI.

NextGen materials (communications that target beneficiaries with particular messages, e.g., “Keep your warehouse clean,” “Stack cartons at least 10 cm off the floor”)

The USAID standard graphic identity and NextGen name on the cover of documents;

design follows guidelines for full branding unless co-branding is appropriate or required by PEPFAR or PMI.

If used, the preferred placement of NextGen brand is on the front cover or poster in the upper lefthand corner.

Government policies, MOH strategies, plans, and guidelines (regional, national, and subnational levels), or other materials positioned as being from the host-country government, such as presentations, reports, publications, etc.

Materials produced in-country are exempt from marking under presumptive exception to full branding ads 320.3.2.5.c, when branding would undercut host-country government “ownership” of constitutions, laws, regulations, policies, studies, assessments, reports, publications, surveys or audits, PSAs, or other communications better positioned as “by” or “from” a cooperating country ministry, organization, or government official.

It may still be possible to acknowledge USAID assistance in the document.

Organizations' policies, strategies, plans, and guidelines or other materials positioned as being from the host-country partner, such as presentations, reports, publications, etc.

Materials produced in-country are exempt from marking under presumptive exception to full branding ADS 320.3.2.5.c, when branding would undercut host-country “ownership” of policies, studies, assessments, reports, publications, surveys or audits, PSAs, or other communications better positioned as “by” or “from” a host country partner organization.

It may still be possible to acknowledge USAID assistance in the document.

PROMOTIONAL

Event signs, banners, and exhibition booths

The USAID standard graphic identity and NextGen name printed on the materials;

design follows guidelines for full branding unless co-branding is appropriate or required by PEPFAR or PMI.

Project promotional materials (e.g., success stories, beneficiary testimonials, announcement of research findings or project results)

The USAID standard graphic identity and NextGen name printed on the materials;

design follows guidelines for full branding unless co-branding is appropriate or required by PEPFAR or PMI.

Materials for site visits The USAID standard graphic identity and NextGen name printed on the materials;

design follows guidelines for full branding unless co-branding is appropriate or required by PEPFAR or PMI.

COMMODITIES

Cartons and outer packaging Where the COR/AOR or activity manager determines that cartons or outer packaging is to be marked, the USAID logo will be affixed in a manner that ensures the logo will remain legible until the commodity reaches the consignee. The logo will, where feasible, be large enough to be clearly visible at a reasonable distance.

Samples can be found at:

http://www.usaid.gov/brandi ng/ Missions can also identify whether host country government or other

Please refer all inquiries about the use of the USAID and/or project identity on commodities, cartons, and packaging to the COR/AOR.

organization graphic identity will be used to mark commodities.

Attachment X [TBD - FILL IN THE ATTACHMENT NUMBER AT THE TIME OF…