2022.11.28- Amendment 2-Solicitation-BPAs-KS-Buckets.pdf

BLANKET PURCHASE AGREEMENT (BPA) - SOLICITATION

RFQ Issuance Date: 10/November/2022 RFQ Questions Due Date: 24/November/2022 RFQ Closing Date: 09/January/2023 (includes sample reception) RFA Closing Time: 5:00 PM Eastern Daylight Savings Time

Subject: Request for Quote - Solicitation Number 7200AA23R00005

The United States Government (the Government), represented by the U.S. Agency for International Development (USAID), Office, Bureau for Humanitarian Assistance (BHA) is soliciting a Request for Quote (RFQ) from qualified and responsible contractors for the purpose of establishing Blanket Purchase Agreement(s) (BPA) to provide/produce, store, and deliver Non-Food Items (NFI) humanitarian relief commodities during the agreement period of performance for the United States Agency for International Development, Bureau for Humanitarian Assistance upon award of a Purchase Order.

USAID anticipates the award of one or more BPAs using Simplified Acquisition Procedures under full and open competition for a performance period of five years. Prospective Contractors should be aware that while USAID may award multiple BPAs, USAID will only award the number of BPAs required to meet USAID’s current need. Contractor quotes must be submitted in accordance with RFQ instructions at the specified place and time.

The North American Industry Classification System (“NAICS”) code for this acquisition is 624230.

The Authorized Geographic Code: The Authorized Geographic Code for this procurement is 997 .

Offerors must refer to the instruction section for information regarding this RFQ requirement. Offerors should take into account the expected delivery time required by the RFQ transmission method as specified in the RFQ, including the submission of samples. Offerors are responsible for ensuring that RFQ are received at USAID by the due date and time as noted on the cover page. Failure to comply with the submission date and time will render the Offeror’s quote unacceptable and the quote will not be reviewed or evaluated. Faxed quotes are not acceptable, nor will they be reviewed or evaluated. PLEASE LIMIT THE NUMBER OF ATTACHMENTS PROVIDED TO AS FEW AS POSSIBLE. USAID servers have a limit of 25 MB. Files exceeding this limit may be rejected by the server.

Offerors must be registered in the System for Award Management (“SAM”) database at the time of proposal submission at www.sam.gov AND the registration must be marked as “Active.” As part of the registration process in SAM, offerors must obtain a Unique Entity Identification Number (UEI) at www.sam.gov. Offerors should retain for their records copies of all submissions which accompany their quotes. All submissions should be on the organization letterhead and signed by a person who has signatory authority for the organization and clearly marked with the RFQ number. Questions in response to this RFQ can be directed to email Robert “Bryan” Hicks rohicks@usaid.gov and Lisa Chang, lchang@usaid.gov by the deadline cited above. It is at the CO’s discretion whether or not to answer late questions.

U.S Agency for International Development (USAID) Page 1 of 37

RFQ-SOL # 7200AA23R00005

http://www.sam.gov mailto:lchang@usaid.gov

This RFQ does not obligate USAID to contract nor does it commit USAID to pay any cost incurred in the preparation and submission of a quote. This RFQ can be viewed and downloaded from sam.gov. USAID bears no responsibility for data errors resulting from transmission or conversion processes. Additionally, be aware that any amendments to this RFQ will be posted on the same website from which the RFQ was downloaded.

Sincerely, /s/ Robert Bryan Hicks, Contracting Officer, USAID

U.S Agency for International Development (USAID) Page 2 of 37

RFQ-SOL # 7200AA23R00005

TABLE OF CONTENTS

SECTION 1 – SUPPLIES/ SERVICES AND PRICE/COSTS 3

SECTION 2 – STATEMENT OF WORK/SPECIFICATIONS/DESCRIPTIONS 6

2.1 BACKGROUND 6

2.2 STATEMENT OF WORK 7

SECTION 3 – ORDERING 13

SECTION 4 – CONTRACT ADMINISTRATION DATA 15

SECTION 5 – BPA REQUIREMENT 19

5.10 52.217-8 Option to Extend Services. 27

5.11 52.217-9 Option to Extend the Term of the Contract. 27

SECTION 6 – NOTICE TO OFFERORS INSTRUCTIONS, EVALUATION OF QUOTES 28

SECTION 7 – ATTACHMENTS 35

U.S Agency for International Development (USAID) Page 3 of 37

SECTION 1 - SUPPLIES/SERVICES AND PRICE/COSTS

1.1 AUTHORITY: The U.S Agency for International Development (USAID) Bureau for Humanitarian Assistance (BHA) is issuing the Blanket Purchase Agreement (BPA) in accordance with FAR part 8, 12, and 13.

1.2 PURPOSE OF BPA: This Blanket Purchase Agreement is issued to establish arrangements for ordering, storage, delivery, and billing to cover humanitarian relief NFIs during the agreement period of performance. The essence of this agreement is to have (a) contractor(s) produce, store, and potentially deliver NFIs for USAID BHA upon award of a Purchase Order (otherwise and interchangeably referred to herein as BPA Call Order).

NFIs delivered under this BPA shall conform to the latest USAID BHA specification attached to this solicitation or as otherwise specified in any modification the Contracting Officer required in writing. This agreement does not require the contractor to produce and store commodities in anticipation of an order.

However NFIs may be produced and stored at the contractor/vendor’s facility until USAID issues a purchase order for immediate release.

As USAID BHA NFI specifications adhere to generally accepted and used international standards for such commodities, which are purchased by other governmental and non-governmental entities, any non USAID branded balance of NFIs remaining in storage at the end of this agreement shall be retained by the contractor, without obligation by USAID, at the end of the BPA agreement period of performance. The NFIs may not be sold to other organizations with the USAID logo on either the cartons or the individual sachets without specific written approval from the USAID Contracting Officer.

The BPA will not obligate USAID to order, or the contractor to furnish, any articles in any quantity except to the extent agreed upon in individual written Purchase Order. Individual orders may not exceed $3 million. Total BPA order value may not exceed $7.5 million. USAID intends to purchase commodities and manage transport of goods from the manufacturer’s warehouse and deliver to the program location (contractors will be asked about their transport capacity in Section 2). This BPA is not a contract, but orders placed against it become contractual upon acceptance by the contractor.

1.3 CONTRACT TYPE AND SERVICES: The contract anticipated from this solicitation is a Blanket Purchase Agreement (BPA) utilizing individual Purchase Orders to provide supplies. Purchase Orders issued under this award will be Firm Fixed Price (FFP).

1.4 PLACE OF PERFORMANCE: The Place of performance for the master BPA is worldwide.

Individual BPA calls will specify the place of performance for the BPA call.

1.5 AUTHORIZED GEOGRAPHIC CODE: The authorized geographic code for procurement of goods and services under the Master BPA is 997. Individual BPA calls will indicate the authorized geographic code for the call.

1.6 TERMS AND CONDITIONS

a. Extent of obligation. The agreement will not obligate USAID to order, or the contractor to furnish, any articles in any quantity except to the extent agreed upon in individual written Purchase Order.

Individual orders may not exceed $3 million. Total BPA order value may not exceed $7.5 million.

USAID intends to purchase commodities and manage transport of goods from the manufacturer’s warehouse and deliver to the program location (contractors will be asked about their transport

U.S Agency for International Development (USAID) Page 4 of 37 capacity in Section 2). This BPA is not a contract, but orders placed against it become contractual upon acceptance by the contractor.

b. This agreement is made in accordance with negotiation authority of the U.S. Federal Acquisition Regulation 13.303 - Blanket Purchase Agreements, 13.5 – Simplified Procedures for Certain Commercial Items, 8.405-3 - Blanket Purchase Agreements and 12 Acquisition of Commercial Items.

c. Purchase limitation The minimum purchase order for services awarded under this entire agreement (base agreement period plus all option periods) is 0 USD. This is not a requirements contract, and the government may purchase transportation and other logistics services from other vendors as necessary.

The ceiling Price for this BPA is: N/A.

The dollar limit for each call/order shall be $3,000,000.

d. Individuals authorized to purchase under the BPA are the Contracting Officers (CO) located at:

● USAID/Washington, D.C.

● Office of Acquisition and Assistance

1.7 PERIOD OF PERFORMANCE: The period of performance for this BPA is five years from June 1, 2023 to May 31, 2028. USAID may cancel the BPA at any time by notifying the Contractor(s) at least 30 days in advance. BPA cancellation does not release the contractor from the duty to continue performance or change the terms and conditions on Purchase Order(s) issued prior to cancellation unless a change order is processed by the Contracting Officer.

1.8 OBLIGATION OF FUNDS: This BPA does not obligate any funds.

1.9 INSPECTION AND ACCEPTANCE: Deliverables shall be submitted in accordance with the terms and condition of the BPA and the BPA call order. USAID BHA will organize third-party inspections of ordered commodities, and the Contractor is responsible to coordinate with inspectors and make any corrections required (see Section 2). Any discrepancy between the BPA and the call order shall be resolved by CO determination. The Call Order specifications may replace the BPA specifications if the changes do not warrant a change in price.

1.10 PRICING: Offerors shall submit indicative prices in USD with their submission to this solicitation.

Pricing and Technical offers must be submitted separately from each other; in other words, the Technical offer must not include prices on them (see Section 6). After BPA(s) are awarded, the Contractors will submit prices for supplies at time of BPA Call; these prices will be used for the call/purchase order. The prices to the USAID shall be as low as, or lower than, those charged to the supplier’s most favored customer for comparable quantities under similar terms and conditions, and shall include any discounts for prompt payment. See Section 2 Statement of Work for different product and pricing options and Section 6 for price proposal tables.

1.11 CLOSEOUT PROCEDURE: To facilitate closeout of individual Purchase Order placed under this BPA, within thirty (30) days of completion of any individual Purchase Order, the BPA holder shall submit the final invoice to ei@usaid.gov and a copy to the Contracting Officer and Contracting Officer’s Representative.

1.12 LIQUIDATED DAMAGES: USAID may claim liquidated damages from the Contractor on contracts under this BPA as follows. Charges may be applied if the Contractor does not meet the

U.S Agency for International Development (USAID) Page 5 of 37 mailto:ei@usaid.gov agreed-upon delivery date on each individual purchase order (can be a time period after proofs/samples are approved, if applicable, and production starts).

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 USAID liquidated damages of $1000 per calendar day of delay.

b. If USAID 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 USAID 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.

1.13 WARRANTY: All contract warranties for PO must be in accordance with contract clause FAR 52.212-4(o), Warranty. Contract clause FAR 52.212-4(o), Warranty states, “the Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.”

By signing below you are certifying that the products offered to USAID under this BPA, and to be delivered, meet all the requirements stated in Section 2. Failure to meet these requirements may result in your bearing the cost of:

a. Replacing items.

b. Transportation Expenses

c. Government administrative re-procurement expenses

Offeror’s Name and Signature Date

Company Name:

Address:

Email Address:

Phone Number:

Fax Number:

UEI #:

EIN/TIN:

This BPA may be canceled for default if the contractor is noncompliant with terms and conditions of this agreement.

[END OF SECTION 1]

U.S Agency for International Development (USAID) Page 6 of 37

SECTION 2 – STATEMENT OF WORK/SPECIFICATIONS/DESCRIPTIONS

2.1 BACKGROUND

The United States Agency for International Development (USAID), Bureau for Humanitarian Assistance (BHA) is the lead United States Government (USG) coordinator for international disaster response.

USAID BHA responds to humanitarian conditions caused by natural disasters and complex emergencies around the world. The ability to quickly respond to international emergencies is dependent on having timely access to relief commodities. To accomplish this, USAID BHA ensures response readiness by maintaining stockpiles of relief commodities in strategic locations worldwide and coordinating the distribution of these supplies. While BHA supplies both food and Non-Food Items (NFI), this solicitation is for the supply of NFIs, which often support people affected by rapid onset disasters including earthquakes, volcanic eruptions and floods, as well as slow-onset crises, such as drought and conflict.

USAID BHA is seeking to establish a Blanket Purchase Agreement (BPA) with one or more firms that will allow USAID to contract simply and quickly with these firms for production, packaging, branding, and readying for transport of Non-Food Items (NFIs) used in humanitarian assistance, as described in detail in Section 2. This competition for the BPA allows offerors to submit their proposals to USAID describing how their firm is capable and qualified to provide the commodities and services outlined in this BPA. The winning firm(s) would then have a signed agreement with USAID (which includes a minimum order guarantee of zero USD), through which future Purchase Orders could easily be issued. USAID may award one or more BPAs to one or more firms, and one or more NFI commodities may be included on each BPA. Purchasing of these supplies will occur when Call Orders (or Purchase Orders) are issued under an awarded BPA. The selected BPA holders must be able to perform all activities specified in Section 2 in support of USAID programs.

Based on each Call Order, the contractor will produce and supply NFI commodities, accept USAID BHA’s quality inspection by BHA-selected inspector, store finished commodities for up to 60 days after order completion, and coordinate with BHA-selected freight forwarder for dispatch from its premises. All associated costs to supply these commodities Ex-Works, including, but not limited to, loading, unloading, transport, (re-)packing, labeling, coordinating/receiving inspection, will be borne by the Contractor and included in the offer. Though this is optional and must not be included in product unit price in the offer, offerors may indicate their general capability to transport their products worldwide. The nature of USAID/BHA’s emergency relief work means that any successful Contractor will need to be reachable on short-notice and able to respond within 24 hours.

Offerors may bid for one, some, or all of the NFIs specified herein. USAID may issue more than one award to one or more Contractors, and one or more NFI commodities may be included on each BPA.

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/recipient to ensure compliance with these Executive Orders and laws. This provision must be included in all subcontracts/sub-awards issued under this contract/agreement.

Historically USAID has procured approximately $1-3 million annually of the NFIs listed on this solicitation. USAID intends to procure nearly all of its NFIs through this BPA. However, this BPA does not obligate USAID to use this contract instrument to procure NFIs.

U.S Agency for International Development (USAID) Page 7 of 37

2.2 STATEMENT OF WORK

2.2.1. GENERAL: This Blanket Purchase Agreement is issued to establish arrangements for ordering, storage, and billing to cover NFIs during the agreement period of performance. The essence of this agreement is to have a contractor produce/supply NFIs for USAID BHA upon award of a Purchase Order.

NFIs supplied under this BPA shall conform to the latest USAID BHA requirements attached to this solicitation or as otherwise specified in writing in any modification the Contracting Officer requires.

If Offerors are offering supplies/services with any modifications to BHA Requirements stated in Section 2.2 and Section 7 Attachments for each NFI’s Technical Requirements, you must clearly state so in your offer--state your modification against the original BHA Requirement. If Offerors are offering supplies/services with no modifications to BHA’s Technical Requirements, please clearly state this in your offer.

Pricing and Technical offers must be submitted separately from each other; in other words, the Technical offer must not include prices on them (see Section 6).

Manufacturing processes and locations: Offerors should demonstrate a minimum of 3 years’ experience of managing/overseeing the manufacturing process and product development of NFIs that are listed and solicited on this RFQ. Offerors should provide a list of manufacturing/factory facilities (indicate whether owned or contracted), including the name of the facility/owner, the city/country of the facility, and commodities produced at that facility.

Environmental sustainability: Please see Section 7 Attachment 6 Preferred Criteria for Environmental Sustainability Measures and specify options you can provide and whether or not pricing differs for these options.

In addition to environmentally sustainable packaging, if offerors are able to provide NFI products that have partial/whole composition from recycled/bio-based content, please specify these options and their corresponding prices in your offer (technical and price offers must be submitted separately).

See Section 7 Attachments for detailed preferred criteria for submission.

Traceability: It is strongly preferred that offerors are able to generate and print QR codes on products, either directly on packaging/product, or print as sticker and stick on packaging/product. The successful contractor(s) may be asked to generate, print, stick/label the product's primary/secondary packaging with the code; no additional tracking requirements will be asked of the contractor(s) under the terms of this BPA’s purchase orders. Possible data points to embed in code are: Purchase Order #, Contract #, Supplier Name, Commodity name/unit, Batch/Lot # if applicable, Expiry date if applicable.

● If the commodity is a kit with multiple individual items placed inside a carton box, or plastic bag, the QR code would be placed on the kit package (box or bag).

● If the commodity is a blanket or plastic sheeting, that is packed in bales, the QR code would be placed on individual blankets/plastic sheeting pieces.

● If the commodity unit is large like a roll of plastic sheeting 4x60m, the QR code may be printed on the individual roll and/or pallet label and/or one printing along each 4x6m segment.

Further details would be provided in subsequent BPA Call Orders, depending on the commodity. Offeror should specify clearly in its offer whether they can generate, print, and label/stick products with QR code (and which option: stickers, or printing directly on product/packaging, or both).

U.S Agency for International Development (USAID) Page 8 of 37

Sample submission: If you are bidding for kitchen sets and/or buckets, please send samples as part of your offer, within the solicitation period, as listed below. Your sample must be received by the solicitation closing date for your offer to be valid. Please inform Lisa Chang lchang@usaid.gov and Robert Bryan Hicks, rohicks@usaid.gov that you have sent samples and share tracking numbers.

If you are bidding for kitchen sets, send 1 kitchen set to Address 1 and 1 kitchen set to Address 2 below.

If you are bidding for buckets, send 1 bucket w/ tap and 1 bucket w/out tap (set of 2 buckets) to Address 1 and 1 bucket w/ tap and 1 bucket w/out tap (set of 2 buckets) to Address 3 below. Samples are part of the offer and USAID will not reimburse offerors the cost of producing/mailing the samples, nor return them.

Address 1: Address 2: Address 3:

USAID Alex Miller Travis Yates Attn: Kristina De Armas The Bennington 3900 Grand Teton Ct 555 12th St NW Ste 800 917 Bennington St. Suite 506 West Richland, WA 99353 Washington DC 20005 Boston, MA 02128

Sample approval before production (for subsequent Call Orders for successful contractors): Upon award of an Order, contractors may be asked to send up to 3 samples before production. USAID will provide location(s) to the contractor for sending the samples. The contractor must include the shipping cost of the samples in their offer for the Call Order. Once initial samples are approved, and production begins, the contractor may be asked to make the first pallet available for review and approval by USAID prior to packaging the rest of the material. The samples may be subject to laboratory and/or physical testing by

USAID.

Sample disposition: By sending samples with your offer, offerors agree to USAID's disposing of samples at its discretion. If you have specific disposition instructions, please include them in your offer; if no instructions are included, USAID retains the right to dispose of samples at its discretion.

Production lead times (for Call Orders): Contractor must share the production schedule of commodities within 5 business days of receiving an Order. Only after the Contracting Officer/ Contracting Officer’s Representative advises to proceed with production, the Contractor must start production within 3 days.

Communication and status updates (for Call Orders): Contractor will be required to provide USAID with regular (weekly) email updates clearly stating forecast order readiness, or batch quantity readiness if the order is to be split into batches, from contractor’s acceptance of order to final completion of order.

Past humanitarian aid sector customers: Provide a list of your current and/or past (within 3 years) humanitarian aid sector customers/references, including which commodity you supplied, to which country.

Please see each commodity’s specific Technical Requirements in Section 7 Attachments.

2.2.2. QUALITY ASSURANCE: NFIs supplied under this BPA must comply with the most recent version of USAID specifications at the time of each Purchase Order (statement of work will be provided for each BPA Call). Orders from this BPA shall provide USAID quality assurance at the source; offerors should describe the measures and procedures in place to uphold the quality of goods produced. Responses may include, but are not limited to, policies and procedures for quality management, procedures for self-inspection, evidence of audits, inspections and test results, and measures designed to ensure the same

U.S Agency for International Development (USAID) Page 9 of 37

RFQ-SOL # 7200AA23R00005

mailto:lchange@usaid.gov mailto:rohicks@usaid.gov standards for downstream suppliers. In addition, contractors must provide in their offer: supporting documentation specifying the material and physical specifications of the commodities, including valid/up-to-date raw material certification, composition information of the all materials used, 5 yearsrelevant/valid certificates of analysis, copy of ISO certification. All certifications and testing reports should be within 4-5 years from the date of offer submission. Independent third-party testing is preferred.

The Contractor shall implement an internal auditing process as part of their Quality System and shall provide USAID with results upon request. The Contractor shall inform USAID whenever there is a significant change in their main processes, major manufacturing issues, or change of manufacturing site that could affect product quality or any relevant outcome from internal audits, or third party audits which would reflect differences in the ability of the contractor to comply with USAID requirements in product quality and delivery timeframe. Particularly, the Contractor shall inform USAID of any human pathogen finding in the facility, along with corresponding corrective actions.

Please see each commodity’s specific quality requirements in Section 7 Attachments.

2.2.3. INSPECTION: USAID BHA will arrange third-party inspection for each order; the inspector will weigh, measure, inspect, and test products offered in performance of a Purchase Order. The Contractor is responsible for sharing a production schedule with USAID within 5 days of Call Order issuance to facilitate a number of inspections by a 3rd party inspector of USAID’s choosing or USAID staff. The contractor must coordinate with and allow access to USAID’s designated inspection representative(s) during any stage of an Order, for timely completion of inspections. The contractor shall acknowledge any Inspection Report findings within one (1) working day of receipt. If the results of the inspection suggest that the commodities are non-compliant, Contractor outlines plans to make relevant corrections, executes corrections, and accepts repeat inspection to confirm the conformity of the commodity. USAID will not accept products not compliant with the specifications outlined in the BPA and BPA Call Order (if any) Statement of Works.

BPA holders with unresolved findings or unsatisfactory ratings from inspections of their manufacturing facilities may not be eligible for individual purchase orders. Furthermore, they will remain ineligible to receive individual purchase orders until such time as the findings have been resolved to the satisfaction of the Contracting Officer or the relevant certifications have been reinstated.

The Contractor shall be held responsible for any products found at final destination points to have latent defects that are determined to be the fault of the supplier.

The Contractor shall permit USAID, or any other representative as may be designated by USAID, to have access to the manufacturing facilities of the Goods, at all reasonable times to inspect the manufacturing site and processes for the production, quality control, quality assurance and packing of the contracted products. The Contractor shall provide reasonable assistance to the representative for such appraisal, including copies of any documentation as may be necessary. USAID reserves the right to reject any goods that do not conform to the required specifications.

2.2.4. STORAGE: The contractor shall have the capability to store finished and inspected items for up to 60 days after production is complete at its facility, for scheduling pick-up with Freight Forwarder. This should be included in the offer price.

2.2.5. DELIVERY AND SHIPPING: Deliverables shall be submitted in accordance with each Purchase Order’s statement of work. The contractor is responsible for packing/wrapping, palletizing, stuffing, loading, sealing, costs prior to transportation, and possibly customs related coordination with

U.S Agency for International Development (USAID) Page 10 of 37

USAID-selected freight forwarder. USAID usually issues a separate contract for transportation of the palletized goods. The pallets will be picked up from the contractor’s facility; no shipping costs are to be included in this offer, but Offerors may indicate whether or not they can provide transport service (see below). The contractor shall coordinate with the freight forwarding company to arrange for the timely pickup of the commodities after the contractor has loaded them for delivery.

Freight options: Your price offer should be EXW unit prices (including packing/wrapping, palletizing, stuffing, loading, sealing, costs prior to transportation, and possibly customs related coordination with USAID-selected freight forwarder). Generally USAID will handle transport of commodities from suppliers’ premises to destination. However, please indicate whether or not you are able to provide delivery service as follows:

● DDP Dubai--International Humanitarian City, Dubai, UAE

● DDP Miami--Miami, FL 33166, USA

All orders and deliveries and documents under this agreement shall be accompanied by written Purchase Orders that contain the following information:

● (i) Standard Form 1449 with the BPA number.

● (ii) Name of supplier.

● (iii) Date of purchase.

● (iv) Purchase or Contract number.

● (v) Itemized list of supplies or services to be furnished.

● (vi) Quantity.

● (vii) Date of delivery and delivery point.

● (viii) Funding and Accounting Information.

● (ix) All purchase orders which may be issued under this Blanket Purchase Agreement will be subject to and include the terms and conditions contained herein.

Customs documentation: The contractor must provide USAID with all documentation and certificates to enable USAID or its agent or transport company to carry out any customs clearance and national and international transport formalities. Documentation, including but not limited to Certificate of Origin, Packing List, and Invoice sent to USAID minimum 7 days in advance order of batch readiness for transport from the contractor’s premises.

2.2.6. PACKAGING AND BRANDING: Contractor is responsible for branding, packing, wrapping, palletizing goods to be ready for transport. Any options for environmentally sustainable packaging material (i.e. biodegradable, composition includes recycled materials, reusable upon depalletizing and opening of commodities, etc) are strongly preferred. Options may be specified in the offer. Please see each commodity’s specific packaging requirements in Section 7 Attachments.

Printing: All ink used to print USAID logos must be indelible or of a non-smudge nature. Ink may be black or color, depending on the specific Statement of Work issued on Call Orders. Options for durable eco-friendly ink are preferred. Any label printing must maintain original color and resist fading for a period of at least 1 year. Printing should be waterproof and have UV stabilized lamination. Please see each commodity’s specific branding/marking requirements in Section 7.

Palletization: It is strongly preferred that pallets are standard four-way 48” x 40” (122 cm x 102cm) EU-compliant and heat-treated wooden pallets, fumigated as per ISPM 15 standards. Pallets must be stretch-wrapped with clear stretch wrap and strapped to secure goods onto pallets. Preference for the usage of clear bio-based (PBAT) or compostable stretch-wrap and bio-based banding straps. Only

U.S Agency for International Development (USAID) Page 11 of 37 clear (transparent) shrink wrap may be used for palletization (no opaque shrink wrap is to be used). The palletized goods must not exceed the length and width of the pallet (packages must be stable and not overlap on the pallet sides). The assembled pallets shall be sized so that they can be double-stacked and placed 2-pallets wide in 20’ and 40’ shipping containers, depending on the commodity. Depending on the commodity, Contractor may offer metal pallets (steel poles), or other alternative ways of packaging such as "caging" for USAID’s review and approval. Goods must be packed to minimize empty space inside packaging (e.g. cartons) while maximizing palletization and loadability.

Pallet labels: Each packed pallet must have 4 labels attached, printed in black ink, on an upper corner of each side of the pallet. A label template will be provided at the time of Order.

Strapping:. Packages should be strapped onto pallets to be secured. Preference for bio-based banding straps. Please see Section 7 Attachments for commodity-specific strapping requirements

Branding/Markings: USAID branding instructions can be found at this weblink https://www.usaid.gov/branding. Contractors must adhere to logo sizings and guidelines stated therein.

See Section 7 Attachments for commodity-specific branding/marking requirements.

2.2.7. NFI TECHNICAL REQUIREMENTS: See Section 7 Attachments for each NFI commodity’s technical requirements. You may bid for one, some, or all of the NFIs; if bidding for more than one, ensure each commodity’s offer is attached as an annex to your overall technical proposal. Ensure that technical and pricing offers are submitted separately; the technical offer should not contain prices.

See Section 6 for submission instructions.

[END OF SECTION 2]

SECTION 3 –ORDERING

3.1 CALL ORDER PROCEDURES

CALL ORDER/ PURCHASE ORDER: USAID may enter into a BPA with one or more firms. If more than one firm is selected for this BPA, the Contracting Officer (CO) will provide each firm a fair opportunity to be considered for individual Call Order (or Purchase Order, referred to herein interchangeably) in accordance with FAR 8.4.

Competition for each Call Order will occur among the BPA holders as established by the BPA ordering procedures in accordance with FAR Part 8.405-3(c). Factors such as (but not limited to) product quality and adherence to BHA technical requirements, price, past performance on prior purchase orders issued outside and under this BPA (quality of deliverables/services/ timeliness, and cost control), and potential impact on other orders placed with the contractor (e.g. capacity issues) may be considered in determining award of individual purchase orders.

For orders below the simplified acquisition threshold USAID will not be required to follow the procedures but will likely follow the procedures below. At a minimum, the Contracting Officer will provide a fair opportunity to be considered for each order IAW FAR 8.405.

U.S Agency for International Development (USAID) Page 12 of 37 https://www.usaid.gov/branding

(1) Provide an RFP to all BPA holders offering the required supplies under the multiple-award BPAs, including a description of supplies to be delivered or services to be performed and the basis upon which the selection will be made (determination factor may include technical, price, and past performance);

(2) Afford all BPA holders responding to the RFP an opportunity to submit a quote; and

(3) Fairly consider all responses received and make award(s) in accordance with the selection procedures.

a. The Contracting Officer will ensure that fair opportunity is given throughout the life of the agreement.

Call Order shall be requested from all BPA holders.

b. The Contractor selected for BPA call order is required to acknowledge receipt of the request via e-mail.

c. BPA holders not interested in the call order shall send a no bid indication to the requesting Contracting Officer after receipt of the requirement. If USAID does not receive a response within this closing the Government will consider this to be a no bid response.

d. Call order bids must be submitted via the means specified in the BPA Call Order.

e. Only supplies/services awarded under the BPA can be ordered by a Call Order.

3.2 CALL ORDER PERIOD OF PERFORMANCE: The Contracting Officer will specify the period of performance of the call order at the time of award.

3.3 CALL ORDER ACCEPTANCE: Upon acceptance of the call order the Contractor must be ready, willing, and able to commence performance and complete assignment(s) within the designated performance period.

3.4 CALL ORDER DELIVERY REQUIREMENT: All shipments under the agreement, shall be accompanied by delivery tickets or sales slips that shall contain the following minimum information:

a. Name of supplier:

b. BPA number:

c. Call Order number:

d. Date of purchase:

e. Call number:

f. Itemized list of supplies or services furnished:

g. Quantity, unit price, and extension of each item,

h. Date of delivery or shipment.

i. Delivery terms.

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3.5 CALL ORDER DELIVERABLES: Deliverables will not be considered final until inspected and accepted by the Contracting Officer or the Contracting Officer’s Representative.

3.6 LATE DELIVERY: The contractor shall notify the Call Order COR and CO as soon as it becomes apparent to the contractor that a scheduled delivery will be late. The contractor shall include in the notification the rationale for late delivery, the expected date for the delivery.The CO will review the notification and will provide guidance to the contractor. Notification of late delivery can serve as grounds for USAID to terminate the call order and/or the BPA and in no way limits USAID’s right to remedies.

3.7 INVOICE REQUIREMENT: Invoicing for Call Orders shall be submitted in accordance with the BPA terms and conditions, Call Order clauses and requirements. Invoicing may commence upon acceptance of each or all deliverables by an authorized official. Invoicing shall include all supporting documents for the invoiced amount.

3.8 BRANDING AND MARKING REQUIREMENT:

To comply with the requirement in ADS 320.1, that all USAID-funded foreign assistance must be branded through use of a “Branding Strategy” and marked through use of a “Marking Plan,” employees involved in program/project or activity implementation must ensure that implementing partners communicate that the assistance is from the American people.

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 document 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 program 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 instructions or waivers from marking requirements is to be sent to the Contracting Officer; the original should be retained by the Contractor.

Branding Policy: The Contractor shall comply with the requirements of the policy directives and required procedures outlined in USAID ADS 320.3.2 “Branding and Marking in USAID Direct Contracting” 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.

[END SECTION 3]

U.S Agency for International Development (USAID) Page 14 of 37

RFQ-SOL # 7200AA23R00005

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

SECTION 4 – CONTRACT ADMINISTRATION DATA

4.1 CONTRACTING OFFICER

For the BPA:

Robert Bryan Hicks U.S. Agency for International Development Office of Acquisition and Assistance, Transportation Division 1300 Pennsylvania Ave, NW Washington, DC 20523 Email: rohicks@usaid.gov

For Call Orders:

[To be determined at the time of BPA establishment] Office of Acquisition and Assistance, Transportation Division 1300 Pennsylvania Ave, NW SA 44, Room 859 Washington, DC 20523 Email: [insert email address]

The Contracting Officer executing the individual BPA Call Order and the Call Order COR will retain cognizance of contract administration for Call Order.

4.2 CONTRACTING OFFICER’S REPRESENTATIVE (COR): Contracting Officer’s Representative (CORs) may be appointed at the Call Order level by the ordering Contracting Officer. The COR is the individual within the technical office who has overall technical responsibility for efforts. The COR supports the CO during administration of the BPA and/or Call Order issued thereafter.

The designated COR is:

[To be determined at the time of BPA establishment] U.S. Agency for International Development Bureau for Humanitarian Assistance Attn: Office of Field and Response Operations, Supply Chain Management Division 555 12th St NW Washington, DC 20004 Email: [EMAIL]

4.3 CONTRACTOR’S PRIMARY POINT OF CONTACT: The contractor’s primary points of contact are Robert “Bryan” Hicks and additional technical points of contact will be provided after BPA award. All communications with USAID shall go through these points of contact.

4.4 PAYING OFFICE: The contractor must submit invoices to the payment office as indicated below: The BPA holder will submit one proper invoice, on a SF-1034 to USAID/W, Financial Management Office, copy the COR. Invoices can be submitted electronically.

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Invoices for USAID Washington Office/Bureau must be submitted to the payment office at the following email address: EI@USAID.GOV to the Office of Financial Management (M/FM/CMP) and copy to the COR and CO. The Subject Line must include Contractor Name, Award#, Invoice#.

The Office of Financial Management Office will proceed to payment of each order upon receipt of the invoice approved by the COR and accompanied by a receiving report. Under no circumstances will any invoice exceed the dollar amount (ceiling price) for any funded order without prior Contracting Officer Approval. For more detailed information about invoices and payment, see the FAR clause 52.212-4, paragraph (g), “Invoice.”

4.5 INVOICES

a. Invoices shall include the following:

(i) Company name and address

(ii) Invoice date and number

(iii) Contract number, contract line item number, and the order number

(iv) Description, quantity, unit of measure, unit price, extended price of items delivered

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on USAID bill of lading

(vi) Terms of any discount for prompt payment offered

(vii) Name and address of official to whom payment is to be sent

(viii) Name, title, and phone number of person to notify in event of defective invoice

(ix) Certificate of Analysis shall be included with submission

(x) Invoice documents and submission email shall be labeled with BPA Call number and metric tonnage

b. When billing procedures provide for an individual invoice for each delivery, these invoices shall be accumulated to the extent possible to minimize USAID’s administrative burden, provided:

(i) A consolidated payment will be made for each specified period (shipment, line item, or

Purchase Order);

(ii) The period of any discounts will commence on the final date of billing period or on the date of receipt of invoices for all deliveries accepted during the billing period, whichever is later;

(iii) Total amount invoiced for deliveries under a Purchase Order shall equal the total amount for the Purchase Order. Within each Purchase Order, the total amount invoiced for each line item shall equal the amount for that line item in the Purchase Order.

4.6 ACCOUNTING AND APPROPRIATION DATA

[To be filled on issued Call Order] Budget Fiscal:

Operating Unit:

Strategic Objective:

Team/Division:

Benefiting Geo Area:

Expanded Object Class Code (EOCC):

Amount Obligated:

4.7 CONTRACTOR’S PAYMENT ADDRESS: [To be filled on issued Call Order]

[END OF SECTION 4]

U.S Agency for International Development (USAID) Page 16 of 37 mailto:EI@USAID.GOV

SECTION 5 - BPA REQUIREMENT

5.1 CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See http://acquisition.gov/far/index.html for electronic access to the full text of a FAR clause.

CONTRACT CLAUSES

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 2007

752.7006 Notices APR 1984

752.7009 Marking JAN 1993

752.7025 Approvals APR 1984

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

52.204-19 Incorporation by Reference of Representations and Certifications, in solicitations and contracts Dec 2014

52.212-4 Contract Terms and Conditions—Commercial Items Oct 2018

52.232-1 Payments Apr 1984

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

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. Aug 2011

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

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment Nov 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment Nov 2021

52.204-26 Covered Telecommunications Equipment or Services-Representation Oct 2020

5.2 FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAY 2019)

1. (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:

a. (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

b. (2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

c. (3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

d. (4) 52.233-3, Protest After Award (Aug1996) (31 U.S.C. 3553).

e. (5) 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)).

2. (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)).

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RFQ-SOL # 7200AA23R00005

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_203-19 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id189A70O0P1N https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062680 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1048661 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1048698 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063319 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063504 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

_ X _ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010)…