10 Revised Harvest RFP Amendment 5 Dec 06 FINAL.pdf

REVISED RFP NO. 72012124R00003 DATED December 06, 2023 Amendment 5

Issuance Date: October 22, 2023 Questions Due Date and time: November 6, 2023 at 15:00 local Kyiv time Amendment 1: November 10, 2023 Amendment 2: November 22, 2023 Amendment 3: November 28, 2023 Amendment 4: December 01, 2023 Amendment 5: December 06, 2023

Closing Date and Time for Proposals: January 10, 2024 at 15:00 local Kyiv time

SUBJECT: Request for Proposals (RFP) No. 72012124R00003, Harvest, Ukraine

Dear Prospective Offerors:

The United States Agency for International Development (USAID) is seeking proposals to provide technical assistance and support to USAID/Ukraine’s Office of Economic Growth to enable supported male and female grain and oilseed farmers, including marginalized and underserved groups, to return production and income for target commodities to at least pre-war levels while improving production efficiency and profitability and position farmers to market their crops more successfully and profitably in the wartime context, as described in the attached Request for Proposals (RFP). The Contractor must focus specifically on the following target commodities; barley, corn, soybean, sunflower, and wheat.

USAID anticipates awarding a single Cost Plus Fixed Fee (CPFF) completion type contract over a five (5) years period of performance, subject to availability of funds. The maximum available funding of this procurement is $250 million. Offerors are encouraged to maximize the use of the available funding (a.k.a “build to budget”) and should consider this an operating constraint as part of the submitted Performance Work Statement.

The Government is in no way obligated to make any award within the maximum estimated cost identified. Offerors should propose costs that are appropriate, realistic and reasonable, in accordance with the proposed approach for achieving results, and meet or exceed the required minimum results.

USAID invites all interested and responsible organizations to submit offers in accordance with the requirements of this solicitation. USAID will conduct this procurement as a full and open competition under which any type of organization may submit a proposal. The procedures set forth in Federal Acquisition Regulation (“FAR”) Part 15 will govern the procurement. The competition will utilize a Highest Technical Rated with Fair and Reasonable Price and Realistic Cost (HTR) process, not a tradeoff process. In this process, USAID is concerned with getting the best technical solution that has a fair and reasonable price and realistic cost. There will not be a tradeoff to justify paying a premium for a higher technical rated proposal. The geographic code for this procurement is 935, and the NAICS code is 541690.

If your organization decides to submit a proposal in response to this solicitation, it must be submitted in accordance with Section L of this RFP. Offerors must also carefully review Section M - Evaluation Factors as well as the attached Statement of Objectives. Proposals are to be submitted to

USAID/Ukraine no later than the closing date and time stated above, to the email address designated in Section L for receipt of proposals. If the proposal is received after the closing date and time, or if it is incomplete, it will not be accepted or considered unless authorized by the Contracting Officer pursuant to FAR 15.208.

This RFP in no way obligates USAID to award a contract nor does it commit USAID to pay any costs 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. Furthermore, USAID reserves the right to reject any and/or all offers if such action is considered to be in the best interest of the Government.

All questions, comments, and/or requests for clarifications must be sent in writing to Contracting Officer Carter Saunders and casaunders@usaid.gov and kyivrcoeg@usaid.gov no later than the date and time indicated above.

This RFP can be viewed and downloaded from https://sam.gov. USAID bears no responsibility for data errors resulting from transmission or conversion processes. Further, be aware that amendments to solicitations are occasionally issued and will be posted on the same website. USAID advises interested parties to regularly check the above websites for amendments.

Thank you for your interest and we look forward to your participation.

Sincerely, /S/

Craig Riegler Director Regional Contracting Office USAID/Ukraine mailto:casaunders@usaid.gov mailto:kyivrcoeg@usaid.gov

5. PROJECT NO.

CODE

7. ADMINISTERED BY

2. AMENDMENT/MODIFICATION NO.

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NO. 3. EFFECTIVE DATE

9B. DATED

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10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED

1. CONTRACT ID CODE

FACILITY CODE CODE

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:

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

E. IMPORTANT:

is extended,

(a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment of each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR AC- KNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.

12. ACCOUNTING AND APPROPRIATION DATA

(REV. 10-83)

is required to sign this document and return ___________ copies to the issuing office. is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

15C. DATE SIGNED

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

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 telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER

Contractor

16C. DATE SIGNED

14. DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED STATES OF AMERICA

15A. NAME AND TITLE OF SIGNER 16A. NAME AND TITLE OF CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

STANDARD FORM 30 STANDARD FORM 30

(Type or print) (Type or print)

(Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(No., street, county, State and ZIP Code)

(If other than Item 6)

(Specify type of modification and authority)

(such as changes in paying office, appropriation date, etc.)

(If required)

(If applicable)

(SEE ITEM 11)

(SEE ITEM 13)

(X)

(X)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

05 See Block 16 C.

USAID/MOLDOVA USAID/Kyiv Regional Contract Office Dept. of State 5850 Kyiv Place Washington, D.C. 20521-5850 one

1 1

9A. AMENDMENT OF SOLICITATION NO.

72012124R00003 TO ALL OFFERORS x

X

October 22, 2023

The purpose of Amendment 05 is to answer the questions received in response to the solicitation, and as a result revise the RFP. All changes made to the revised RFP are highlighted in yellow for ease of reference.

All other terms of the RFP remain unchanged.

Craig Riegler Supervisory Contracting Officer

BY 12/6/2023

X

/s/

REQ-117-24-0000XX

720121

USAID/Ukraine HARVEST Activity RFP No. 72012124R00003 Amendment 5

Table of Contents

PART I - THE SCHEDULE 9

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS 9

B.1 PURPOSE 9

B.2 CONTRACT TYPE 9

B.3 ESTIMATED COST, FIXED FEE, AND OBLIGATED AMOUNT 9

B.4 BUDGET 9

B.5 COST REIMBURSABLE AND FIXED FEE 10

B.6 PAYMENT OF FIXED FEE 11

B.7 MULTI-YEAR CONTRACT 11

SECTION C – PERFORMANCE WORK STATEMENT 12

C.1 ACTIVITY TITLE 12

C.2 PURPOSE 12

C.3 PERFORMANCE WORK STATEMENT 12

[USAID will insert the Offeror’s Performance Work Statement (PWS) at award] 12

C.4 RELATION TO USAID'S STRATEGY 12

C.5 RELATION TO GOU PRIORITIES 12

C.6 GENDER ANALYSIS 12

C.7 OTHER CROSS CUTTING ISSUES: 13

C.8 GRANTS UNDER CONTRACT 14

C.9 CONSTRUCTION ACTIVITIES 14

SECTION D - PACKAGING AND MARKING 16

D.1 AIDAR 752.7009 MARKING (JAN 1993) 16

D.2 BRANDING STRATEGY 16

SECTION E - INSPECTION AND ACCEPTANCE 18

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 18

E.2 INSPECTION AND ACCEPTANCE 18

SECTION F - DELIVERIES OR PERFORMANCE 20

F.1. NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 20

F.2. PERFORMANCE PERIOD 20

F.3. PLACE OF PERFORMANCE 20

F.4. PERFORMANCE STANDARDS 20

F.5. AUTHORIZED WORK WEEK 21

F.6. KEY PERSONNEL 21

F.7. DELIVERABLES AND REPORTS 22

F.8. MINIMUM QUANTIFIABLE RESULTS 30

F.9. GEOSPATIAL REPORTING REQUIREMENTS 30

SECTION G - CONTRACT ADMINISTRATION DATA 31

G.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 31

G.2 CONTRACTING OFFICER 31

G.3 CONTRACTING OFFICER’S REPRESENTATIVE (COR) 31

G.4 CONTRACTOR’S PRIMARY POINT OF CONTACT 31

G.5 PAYING OFFICE 31

G.6 INVOICING INSTRUCTIONS 31

G.7 ACCOUNTING AND APPROPRIATION DATA 32

G.8 CONTRACTOR'S PAYMENT ADDRESS 32

G.9 TECHNICAL DIRECTION/RELATIONSHIP WITH USAID 32

SECTION H - SPECIAL CONTRACT REQUIREMENTS 34

H.1. ADDITIONAL REQUIREMENTS FOR PERSONNEL COMPENSATION 34

H.2. AUTHORIZED GEOGRAPHIC CODE 35

H.3. ADS 302.3.5.19 USAID-FINANCED THIRD-PARTY WEB SITES (NOV 2017) 35

H.4. LANGUAGE REQUIREMENTS 36

H.5. ENVIRONMENTAL COMPLIANCE 36

H.6. FOREIGN GOVERNMENT DELEGATIONS TO INTERNATIONAL

CONFERENCES (ADS REFERENCE 350MAA) 38

H.7. EXECUTIVE ORDER ON TERRORISM FINANCING 38

H.8. CONSENT TO SUBCONTRACT 38

H.9. ELECTRONIC PAYMENT SYSTEM 39

H.10. GENDER CONSIDERATION 39

H.11. GRANTS UNDER CONTRACT 40

H.12. LOGISTIC SUPPORT 40

H.13. SUBMISSION OF DATASETS TO THE DEVELOPMENT DATA LIBRARY (DDL)

(OCT 2014) ADS 302.3.5.21 40

H.14. RESTRICTIONS AGAINST DISCLOSURE (AAPD 16-02) (MAY 2016) 41

H.15. LIMITATION ON ACQUISITION OF INFORMATION TECHNOLOGY (APRIL

2018) (DEVIATION NO. M-OAA-DEV-FAR-22-03c and M-OAA-DEV-AIDAR-22-06c))

(APRIL 2022) 42

H.16. FAR 4.21 PROHIBITION ON CONTRACTING FOR CERTAIN COVERED

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT

(SECTION 889) (DEC 2021) 43

H.17. SECURITY 43

H.18. SEXUAL MISCONDUCT (DECEMBER 2020) 46

H.19. AIDAR 752.222-70 USAID DISABILITY POLICY - ACQUISITION (DEC 2004) 47

H.20. DUE DILIGENCE 47

PART II - CONTRACT CLAUSES 48

SECTION I - CONTRACT CLAUSES 48

I.1. 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 48

I.2. AIDAR 752.252-2 AIDAR CLAUSES INCORPORATED BY REFERENCE (MAR

2015) 50

I.3. FAR 52.204-1 APPROVAL OF CONTRACT (DEC 1989) 51

I.4. AIDAR 752.229-71 REPORTING OF FOREIGN TAXES (JULY 2007) 51

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

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE OR EQUIPMENT (NOV 2021)

I.6. FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) 54

I.7. FAR 52.247-67 SUBMISSION OF TRANSPORTATION DOCUMENTS FOR AUDIT

(FEB 2006) 55

I.8. AIDAR 752.228-3 WORKER’S COMPENSATION INSURANCE (DEFENSE BASE

ACT) [(DEVIATION JUN 2022)] CLASS DEVIATION NO. M-OAA-DEV-AIDAR-22-10c 55

I.9. AIDAR 752.7005 SUBMISSION REQUIREMENTS FOR DEVELOPMENT

EXPERIENCE DOCUMENTS (SEP 2013) 55

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS 57

SECTION J - LIST OF ATTACHMENTS 57

ATTACHMENT J.1 – STATEMENT OF OBJECTIVES 57

ATTACHMENT J.2 – PAST PERFORMANCE MATRIX 57

ATTACHMENT J.3 – BUDGET TEMPLATE 57

ATTACHMENT J.4 – DEC REPORTS USAID/UKRAINE AGRO ACTIVITY 57

ATTACHMENT J.5 – DEC REPORTS USAID/UKRAINE CEP ACTIVITY 57

ATTACHMENT J.6 – USAID/UKRAINE GENDER EQUALITY AND SOCIAL INCLUSION

(GESI) 57

ANALYSIS 57

ATTACHMENT J.7 – USAID/UKRAINE AGRO ANNUAL REPORT_FY_2023 57

ATTACHMENT J.8 – USAID/UKRAINE AGRO IEE AND AMENDMENTS 57

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

THE OFFEROR 58

K.1. NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE 58

K.2. FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR

2023) 58

K.3. FAR 52.204-24 REPRESENTATION REGARDING CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT

(NOV 2021) 61

K.4. FAR 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR

SERVICES-REPRESENTATION (OCT 2020) 63

K.5. FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT

2018) 64

K.6. FAR 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS-

CERTIFICATION (NOV 2021) 65

K.7. FAR 52.230-1 COST ACCOUNTING STANDARDS NOTICES AND

CERTIFICATION (JUN 2020) 67

K.8. FAR 52.230-7 PROPOSAL DISCLOSURE – COST ACCOUNTING PRACTICE

CHANGES (APR 2005) 69

K.9. SIGNATURE 69

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR

RESPONDENTS 70

L.1. FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE 70

L.2. FAR 52.216-1 TYPE OF CONTRACT (APR 1984) 70

L.3. FAR 52.233-2 SERVICE OF PROTEST (SEP 2006) 70

L.4. GOVERNMENT OBLIGATION 71

L.5. GENERAL INSTRUCTIONS 71

L.6. PROPOSAL SUBMISSION 72

L.7. INSTRUCTIONS FOR PREPARATION OF THE TECHNICAL PROPOSAL 73

L.8. COST PROPOSAL INSTRUCTIONS 75

L.9. WAIVERS UNDER FAR PART 4.2101 PROHIBITION ON COVERED

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES AND EQUIPMENT

(JUNE 2023) 80

SECTION M - EVALUATION FACTORS FOR AWARD 81

M.1. GENERAL INFORMATION 81

M.2. AWARD PROCESS 81

M.3. TECHNICAL EVALUATION CRITERIA 82

M.4. EVALUATION OF PAST PERFORMANCE 82

M.5. COST/PRICE EVALUATION 83

M.6. COMPETITIVE RANGE DETERMINATION 83

M.7. AWARD 84

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PURPOSE

The purpose of this contract is to provide technical assistance and services as described in detail in Section C for the implementation of the USAID/Ukraine Harvest Activity.

B.2 CONTRACT TYPE

This is a Cost-Plus-Fixed-Fee (CPFF) completion type contract. The general structure and management of the fixed fee arrangements are described in Section B.3, B.4, B.6 and F.7. For the consideration set forth below, the Contractor must achieve the performance objectives, deliverables, and outputs at the stated quality described in this contract.

B.3 ESTIMATED COST, FIXED FEE, AND OBLIGATED AMOUNT

(a) The estimated cost for the performance of the work required hereunder, exclusive of fixed fee, if any, is $_________. The fixed fee, if any, is $_________. The estimated cost plus fixed fee, if any, is $_________.

(b) Within the estimated cost plus fixed fee (if any) specified in paragraph (a) above, the amount currently obligated and available for reimbursement of allowable costs incurred by the Contractor (and payment of fee, if any) for performance hereunder is $_________. The Contractor shall not exceed the aforesaid obligated amount.

(c) Funds obligated hereunder are anticipated to be sufficient through $_________.

B.4 BUDGET

a) The following budget table will capture the final negotiated budget for the performance of the work required to achieve the objectives of this activity.

Line Item Total Direct Costs, exclusive of GUCs and Construction

Grants Under Contracts* $30-60,000,000 Construction** $30-50,000,000 Indirect Costs Total Estimated Cost Fixed Fee Total Cost-Plus Fixed Fee

[*Offeror must set aside between $30,000,000 up to $60,000,000 of its total budget to provide Grants Under Contracts (GUCs), most of which will go to entities within the local system, this amount is exclusively reserved for GUCs. This amount does not include any relevant management or administrative expenses incurred by the Contractor] [**Offeror must set aside between $30,000,000 up to $50,000,000 of its total budget for construction activities that will aim to expand the use of modern and efficient irrigation and/or drainage technologies. This amount includes construction services and equipment including but not limited to pumps, controllers, distribution lines, water meters, filters, drainage trenchers.]

b) The inclusion of any costs in the above cost categories does not obviate the requirement for prior approval by the Contracting Officer of cost items designated as requiring prior approval by any of the terms and conditions of this contract, including the applicable cost principles (see FAR § 52.216-07, “Allowable Cost and Payment”); nor does it constitute a determination of allowability by the Contracting Officer of any item of cost, unless specifically stated elsewhere in this contract. Also, these amounts may not be adjusted without a written modification signed by the Contracting Officer. The Contractor must not bill any amounts against this contract in excess of the amounts specified for each line item.

INDIRECT COSTS AND ADVANCED UNDERSTANDING ON CEILINGS

Pending establishment of revised provisional or final indirect cost rates, allowable indirect costs must be reimbursed on the basis of the following negotiated provisional or predetermined rates and the appropriate bases for prime contractors:

Offeror Fringe Rate

Overhead Rate %

Overhead Ceiling Rate %

G&A Rate %

G&A Ceiling Rate %

PRIME (Insert Name)

Base of Application

Source: (insert)

Period: (insert)

The Contractor will make no change in its established method of classifying or allocating indirect costs that impacts this contract without the prior written approval of the Contracting Officer.

Reimbursement for indirect costs must be at final negotiated rates, but not in excess of ceiling rates specified above.

The Government must not be obligated to pay any additional amount associated with indirect costs above the ceiling rates established in the contract. This advance understanding must not change any monetary ceiling, cost limitation, or obligation established in the contract.

B.5 COST REIMBURSABLE AND FIXED FEE

The U.S. dollar costs allowable shall be limited to reasonable, allocable and necessary costs determined in accordance with FAR 52.216-7, Allowable Cost and Payment, FAR 52.216-8, Fixed Fee, if applicable, and AIDAR 752.7003, Documentation for Payment.

B.6 PAYMENT OF FIXED FEE

Fixed fee under this contract is tied to the achievement of the deliverables as described in the below table. Upon successful achievement of a deliverable, the Contractor must provide evidence of its achievement to the Contracting Officer’s Representative (COR) and the Contracting Officer (CO). Upon COR receipt and written acceptance of the deliverable, the Contractor must submit an invoice for the amount of the associated fee.

Payment fixed fee is subject to the terms stated in FAR 52.216‐8 and FAR 52.249-6.

[Fee payment schedule to be inserted after award per the final fee table]

Fixed Fee for measurable results not achieved by year 3 do not, without the approval of the Contracting Officer, roll over into years 4 and 5. Based on verified, objective performance beyond expectations and for anticipated or demonstrated achievement of results materially beyond year three minimum results and/or beyond the end-of-project minimum results, the Contracting Officer may negotiate upward revision to required minimum results and additional fixed fee beyond the current TEC plus fixed fee, not to exceed $1,000,000 total, pending availability of funds and subject to statutory fixed fee limitations.

B.7 MULTI-YEAR CONTRACT

This contract is subject to the requirements of FAR 17.106. In determining cancellation ceilings, the Contracting Officer has determined that – considering reasonable preproduction or startup, labor learning, and other nonrecurring costs to be incurred and which normally would be amortized – the cancellation ceiling for each contract year after the first is $0.

END OF SECTION B

SECTION C – PERFORMANCE WORK STATEMENT

C.1 ACTIVITY TITLE

The title of this USAID/Ukraine activity is Harvest. (“the Activity”)

C.2 PURPOSE

This Activity aims to enable supported male and female grain and oilseed farmers, including those from marginalized and underserved groups, to return production and income for target commodities to at least pre-war levels while improving production efficiency and profitability and will position farmers to market their crops more successfully and profitably in the war-affected context. The Activity will focus specifically on the following target commodities; barley, corn, soybean, sunflower, and wheat.

C.3 PERFORMANCE WORK STATEMENT

[USAID will insert the Offeror’s Performance Work Statement (PWS) at award]

C.4 RELATION TO USAID'S STRATEGY

USAID/Ukraine's programs are guided by its seven-year Country Development Cooperation Strategy (CDCS) for the 2019-2026 period. This strategy reflects the U.S. Government's country development priorities to tackle corruption, mitigate the impacts of Russia's aggression, strengthen democracy, and improve Ukraine's economic prospects.

The activity contributes to the USAID/Ukraine Mission’s Development Objective 4: Inclusive, Sustainable, Market-Driven Economic Growth, Intermediate Result 4.3: Increased Productivity of Agricultural Small and Medium Enterprises (SMEs) Through Market Systems, feeding into the ultimate goal of the Mission’s CDCS 2019-2026 “An Independent, Democratic, Prosperous, and Healthy Ukraine United Around Core European Values”.

C.5 RELATION TO GOU PRIORITIES

The Activity’s objectives align with Government of Ukraine’s Ministry of Agrarian Policy and Food priorities, including the “New Agrarian Policy,” which concerns the preservation and restoration of the economic potential of the agricultural sector, ensuring food security, and sustained production in government controlled areas; and the GOU Priority Action Plan 2023, which concerns export growth and farmer support (sowing campaign, storage, credit).

C.6 GENDER ANALYSIS

USAID/Ukraine Mission commissioned Gender Equality and Social Inclusion (GESI) Analysis in 2023 to inform the Country Development and Cooperation Strategy implementation and provide the Mission with an overview of the most significant gender equality and social inclusion issues affecting Ukraine at present as well as potential development challenges that may arise over the next several years for the specific sectors where USAID resources are likely to be concentrated. Bidders will integrate the findings and recommendations of the GESI Analysis Report into its gender action plan to target gender mainstreaming during the activity implementation.

https://www.usaid.gov/ukraine/cdcs

Women farmers face some specific needs and challenges, with some also exacerbated as a result of the war.

The Mission’s recent Gender Analysis indicates that rural Ukraine exhibits patterns of male ownership and control of machinery, land, and buildings, while women are primarily responsible for the care and maintenance of the home, including for food security and nutrition. Prior to the war, men accounted for about 70 percent of formal labor in agriculture, forestry, and fisheries; women, however, comprised a sizable proportion of the informal labor force in these sectors. Ukrainian women generally undertake the manual labor needed for cultivation, planting, weeding, Harvesting, and processing, often without remuneration on family farms. In 2021, only 20 percent of farming enterprises in Ukraine were headed by women. Men, meanwhile, tend to undertake mechanized work such as tilling, plowing, and planting fodder crops, Harvesting grain and corn with combine Harvesters, and transporting products to markets, and are more likely to engage in large-scale crop production of wheat, corn, and sunflowers. In addition, prior to the war women farmers in Ukraine faced multiple challenges in agriculture, such as limited access to resources, and information on Harvest, post-Harvest, and market knowledge provided by male service agents. Women were also underrepresented in the leadership of agriculture cooperatives at about 30 percent.

The war has significantly shifted men’s and women’s role in agricultural productivity. With husbands and sons away at war, women are increasingly solely managing and running farms, though land often legally remains under their husbands’ names. Women have faced more difficulties than men in accessing and affording supplemental storage needed in the wake of Russia's destruction of grain storage facilities. The war has added additional labor on women in the form of increased child and family care, farm and other income-generating labor, and in response to the war effort, given men’s absence. Women farmers close to the active battlefield feed and shelter Ukrainian soldiers, considering it their contribution to the war effort.

Female farmers face a persistent threat of gender-based violence (GBV). Ukraine’s Rural Women Business Network has reported both damage to women-led farms as well as physical threats and GBV against them.

Further, experts agree that the Russian Federation intentionally uses conflict related sexual violence (CSRV) as part of its military campaign in Ukraine.

Finally, in anticipation of a post-war period, post-conflict and peace-building environments may see communities idealizing a return to traditional gender norms, resulting in women farmers losing access to and control over resources, agriculture production, and income.

C.7 OTHER CROSS CUTTING ISSUES:

● Anti-corruption: The Contractor must integrate anti-corruption into its work across all activity’s components to the maximum extent possible and appropriate. The Contractor shall support efforts focusing on anti-corruption, transparency and disclosure, building trust and confidence for distribution of inputs, services and technical advisory.

● Environmental management and Climate Change: The Contractor must ensure compliance with all USAID and Government of Ukraine environmental policies and regulations, including those governing the use, handling, transport, storage, and disposition of agricultural inputs such as seeds, crop protection products, and fertilizer. This is inclusive of all implementation partners such as sub-grantees. The contractor also must integrate efforts to strengthen the sector’s resilience to climate change and reduce climate emissions, in line with USAID’s climate strategy.1

● Accountability/Oversight: The activity will develop and implement a robust process for monitoring, accountability, and oversight. The process will inform adaptive management enabling the activity to respond to the dynamic operating environment. It will encompass procedures for transparent selection and verification of beneficiaries, procedures for transparent distribution of inputs and other types of

1 https://www.usaid.gov/policy/climate-strategy assistance aiming to maximize the number of unique beneficiaries located across Ukraine, monitoring of inputs and other assistance being used by the recipients on time and in accordance with the purpose, and documenting each step in the process from selection of recipients to using of inputs and assistance.

C.8 GRANTS UNDER CONTRACT

The Contractor must implement, monitor, and evaluate Grants Under Contract (GUCs) to achieve activity targets. The Contractor must make grants in accordance with Section H.12.

C.9 CONSTRUCTION ACTIVITIES

The Contractor must perform construction services as approved by USAID. All construction work must be in accordance with the approved construction implementation plan. All construction work must be done via firm-fixed price subcontracts. The Contractor must perform construction activities and their monitoring in accordance with the approved Initial Environmental Examination (IEE). The Contractor is responsible for implementing all IEE conditions pertaining to activities to be funded under this contract. Prior to any construction activity, the Contractor must receive written agreement from the relevant recognized local community authority that they will operate and maintain the finished work, and the Contractor must certify that the authority has the current capacity to do so. If there is no relevant authority, the Contractor must work to establish one and build its capacity to an appropriate level before considering any construction activity, or not do any construction in that area. All construction subcontracts must be fully-funded.

The Contractor must undertake engineering and construction components through sub-contracts using a design-bid-build delivery method where architect and engineering (A/E) services and construction works are performed under two separate but complementary subcontracts. Unless otherwise approved by the Contracting Officer, the Subcontractor that undertakes the A/E services (design and construction bidding support) must provide quality assurance and construction oversight services in the construction phase. A/E Subcontractors must be selected based on demonstrated competence and qualifications. In order to ensure construction activities are performed appropriately under this contract, the Contractor must utilize a licensed A/E firm (licensed in the U.S.), at minimum for final design review, development, and liability. The cost of any design must not exceed 6% of the cost of the associated construction. The Contractor must propose and justify the appropriate contract type for the A/E services when submitting the subcontract consent request.

Monitoring visits during construction activity is critical for overseeing work and progress on construction projects. The Contractor must maintain a schedule of announced and unannounced visits to verify that construction work is carried out at an appropriate level of quality that is stipulated for the activity. The Contractor must visit the construction site at various critical steps in the construction process, such as pouring of a foundation, construction of walls, or roof installation to certify the quality of the work and that specific benchmarks have been attained.

The Contractor is also required to engage under the activity an Infrastructure Manager with experience in small-scale, low-cost, context-appropriate infrastructure design and management and be a US- licensed Professional Engineer with a bachelor’s degree in civil engineering. This position will be Key Personnel per Section F.

The Contractor must develop a construction implementation plan at the outset of this contract per Section F to ensure that all construction activities are conducted in an organized and appropriate way in accordance with the plan. The Contractor must submit all construction and A/E subcontracts to the Contracting Officer (CO) for consent prior to their award. and follow all required analyses and steps unless granted an exception in writing in advance by the CO. When submitting construction or A/E subcontracts for consent, the Contractor must identify how the Contractor has applied USAID construction policy identified by the CO, as applicable to the Ukraine context and has addressed the principal elements in Section V of the ADS reference 201maw.

All deliverables from these subcontracts must be provided to the COR and the CO. The COR may provide technical direction to suspend construction activities, e.g. in the event of safety or security issues.

END OF 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 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 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 instructions 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

The Contractor must submit final Branding Implementation and Marking Plans no later than 30 days after award. The plan must address the elements below and be submitted to the CO for approval.

A. Program Name: The program will be known as the USAID Harvest Activity. The USAID Identity and the program logo must be used on all program reports, memoranda, printed materials, and other program-related documents.

B. USAID Logo: The USAID logo must be posted at every static support position. The USAID logo must be used on all reports and printed materials produced under the Harvest Activity. Contractor employee business cards will not be marked with the USAID logo but may include language so that any person reading the card can know this is a Contractor employee. Contractor employee email and correspondence to external sources will be marked so that any person reading the document can know this is a Contractor employee. Where required, the USAID logo should be of equal or greater prominence than all other logos and symbols.

C. Desired level of visibility: Where required, the USAID Identity must be of equal or greater prominence than all other logos and symbols.

D. Other organizations to be acknowledged: No other organizations are required to be acknowledged.

E. Branding Implementation Plan (BIP) and Marking Plan: The Contractor must develop a Branding Implementation Plan and Marking Plan to describe how the program will be promoted to beneficiaries and other stakeholders. All branding and marking plans under this program will be reviewed against the USAID "Graphic Standards Manual" available at www.usaid.gov/branding,and and USAID Automated Directive System (ADS)

320.3.2 “Branding and Marking in USAID Direct Contracting” at http://www.usaid.gov/policy/ads/300/320.pdf or any successor branding policy.

http://www.usaid.gov/branding,and http://www.usaid.gov/policy/ads/300/320.pdf%3B http://www.usaid.gov/policy/ads/300/320.pdf%3B http://www.usaid.gov/policy/ads/300/320.pdf

USAID policy is to require exclusive branding and marking in USAID direct acquisitions. “Exclusive Branding” means that the program is positioned as USAID’s. “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.

Anticipated elements of marking plan: Deliverables to be marked, include products, equipment and inputs delivered; places where program activities are carried out; external public communications, studies, reports, publications and informative and promotional products; and workshops, conferences, fairs, media related activities and any such events. Publications authored by Contractors or other non-USAID employees must include the following disclaimer on the title page: “The author’s views expressed in this publication do not necessarily reflect the views of the United States Agency for International Development or the United States Government.” Threats and restrictions to the security of the program need to be identified and assessed in order to request any necessary exception from the marking requirement in accordance with ADS 320.3.2.

USAID’s web page contains the electronic version of the Graphic Standards Manual that is compulsory for all Contractors. Marking under this contract must comply with the “USAID Graphics Standards Manual” available at http://www.usaid.gov/work-usaid/branding/acquisition-awards.

END OF SECTION D

http://www.usaid.gov/work-usaid/branding/acquisition-awards

SECTION E - INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT 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.

NUMBER TITLE DATE

FEDERAL ACQUISITION REGULATION

(48 CFR Chapter 1)

52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS OCT 2016

52.246-5 INSPECTION OF SERVICES-COST REIMBURSEMENT APR 1984

52.246-12 INSPECTION OF CONSTRUCTION AUG 1996

E.2 INSPECTION AND ACCEPTANCE

E.2.1 Non Construction Deliverables

USAID inspection and acceptance of services, reports and other required deliverables or outputs must take place at the USAID/Ukraine, or at any other location where the services are performed and reports and deliverables or outputs are produced or submitted. The Contracting Officer Representative (COR) identified in Section G has been delegated authority to inspect and accept all services, reports, and deliverables required by the contract.

E.2.1 Construction Deliverables

For construction activities, no construction work may be performed as part of this contract without the prior written approval of the COR and CO. The COR, if delegated by the CO, will inspect and accept the construction work in accordance with the terms and conditions outlined in the contract, and any additional contract requirements and specifications related to the construction activities (Section F.6.8 CIP and B.4). USAID may engage its own third-party A&E firms to perform, including but not limited to, quality assurance and provide recommendations to the COR and CO. The Contractor must fully cooperate with the Government's third party A&E firms, when directed by the CO or COR. The COR retains the right to halt construction activity at any time, with immediate effect, if it is deemed necessary for compliance with contract terms, safety concerns, or other reasons as outlined in this contract.

E.3 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

The progress, success and impact of the contractor’s performance under this contract will be monitored and evaluated as a part of the overall activity results. The QASP is a management process with the intent of encouraging maximum performance, efficiency, and cost effectiveness by the contractor and can be modified at any time by the Government.

The QASP will be used as a Government monitoring process to enforce the inspection and acceptance clauses of the contract. The QASP may require modification and/or updates after selection for award to reflect the contractor’s known strengths and weaknesses. The QASP is a “living” monitoring process that should be discussed, reviewed and updated regularly but no less than on an annual basis. It is based on the premise that http://acquisition.gov/far/index.html the contractor, not the Government, is responsible for managing and ensuring that quality controls meet the terms of the contract.

The Government reserves the right to modify performance standards and/or metrics during the life of this contract, in order to ensure that the right outcomes are being assessed and that the performance standards are appropriate. It is the Contractor's responsibility to follow up with the COR to ensure the QASP monitoring process is implemented and updated. The QASP is incorporated as a component of the Activity (see also F.4).

END OF SECTION E

SECTION F - DELIVERIES OR PERFORMANCE

F.1. NOTICE LISTING CONTRACT 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.

NUMBER TITLE DATE

FEDERAL ACQUISITION REGULATION

(48 CFR Chapter 1)

52.242-15 STOP WORK ORDER AUG 1989

52.242-15 STOP WORK ORDER – ALTERNATE I APR 1984

F.2. PERFORMANCE PERIOD

The period of performance for this contract is five years from TBD to TBD, subject to the conditions set forth in Section H.17.

[Note to Offerors: This language will be added to the award if it is based on the Foreign Assistance waiver. If the apparently successful offeror does not require a waiver, this additional language will be deleted from the award document.]

(a) The base period of performance for this contract is [(CO to add date as applicable for ordering contracts but not past September 30, 2028.)]

The option period of performance is October 1, 2028 - _______________[CO to fill in date here].

[Note to Offerors: Paragraph (b) below will be added to the award if it is based on the Modified Foreign Assistance waiver.]

(b) This paragraph does not apply to a contractor that at the time of award represents paragraph (c)(2) of the provision at FAR 52.204–26 that it “does not” use covered telecommunications equipment or services.

The exercise of the option is conditional on:

(1) the Contractor’s submission of the representation at FAR 52.204-24 or 52.204-26 no later than March 31, 2028, indicating that the Contractor does not use covered equipment and services; or

(2) availability and agency’s use of a new or other applicable waiver. In this case the period of the option could extend for the period of time authorized in the applicable waiver, not to exceed the option period specified in paragraph (a) of this section. (See H.17).

F.3. PLACE OF PERFORMANCE

The place of performance under this Contract is Ukraine.

F.4. PERFORMANCE STANDARDS

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

The Contractor must perform all work to satisfactorily achieve the objectives in Section C. Evaluation of the Contractor’s performance will be conducted in accordance with the performance standards set forth in Section E, the Quality Assurance Surveillance Plan (QASP), the Contractor’s overall performance toward achievement of results and objectives in Section C, provision of deliverables in Section F, and the Contractor’s compliance with all other terms and conditions of the contract, including achievement of activities in the Annual Work Plan. Each evaluation will be conducted jointly by the COR and CO and will form the basis of the Contractor’s performance record with regard to this Contract and as required in FAR part 42.15 and AIDAR 742.15.

F.5. AUTHORIZED WORK WEEK

A five-day work week is authorized. No overtime or premium pay is authorized under this contract. A six-day work week may be authorized on a case-by-case basis by the COR for STTA while in Ukraine with no premium pay.

F.6. KEY PERSONNEL

F.6.1 Approved Key Personnel

The following positions have been designated as key personnel, and are essential to the work being performed under this contract:

TITLE NAME

● Chief of Party (COP) TBD

● Infrastructure Manager TBD

● [Additional Key Personnel proposed by the offeror and included at award, see Section L]

The Key Personnel identified above are considered essential to the work being performed under this contract.

The Contractor must remain responsible for providing such Key Personnel for full-time performance for the term of this contract unless otherwise agreed to by the Contracting Officer. The Key Personnel must be based in Ukraine full time

The Contractor must immediately notify the Contracting Officer and the COR of any Key Personnel’s change or departure and the reasons therefore. The Contractor must take steps to immediately rectify this situation and must propose a substitute candidate for each vacated position and a written justification in sufficient detail to permit evaluation of the impact on the contract. The Contractor must not replace any of the Key Personnel without the written approval of the Contracting Officer.

F.6.2 Key Personnel requirements

Key personnel must have the requisite skill set to implement the approach set forth in Section C, achieve sustainable results, and complement each other as a management team. The contractor must provide appropriate personnel to satisfy the objective, implementation period, and expected results of this activity. Key Personnel must be based in Kyiv, Ukraine.

The following are the requirements for the Key Personnel under this contract:

Chief of Party: The Chief of Party must act as the primary point of contact with

USAID/Ukraine with regard to day-to-day implementation and management matters relating to the contract.

The COP must also have overall responsibility for assuring that all assistance provided under the contract is technically sound and appropriate for the needs to be addressed. The COP is also responsible for facilitating communication and close coordination with all stakeholders of the activity. In order to allow for proper implementation and quick adaptive management, the COP must have the ability to speak for and bind the Contractor.

The COP must meet the following minimum qualifications:

● [Minimum COP position qualifications to be proposed by the Offeror and added at award]

Infrastructure Manager. The Infrastructure Manager must be an experienced professional who helps the project meet its goals and objectives by designing and managing the A&E and construction activities in a timely manner. S/he must provide expert guidance to both the COP as well as construction Subcontractors. The Infrastructure Manager must have at minimum:

● at least 10 years’ experience in small scale infrastructure development;

● at least 5 years’ experience in context-appropriate infrastructure design, management and oversight of the related procurements and services;

● a bachelor degree or higher in civil engineering; and

● individuals must either hold a valid Professional Engineer license in the United States or possess an equivalent license from Canada, the United Kingdom, Australia, or New Zealand

Additional Key Personnel: [Position descriptions and associated minimum position qualifications to be added at award, as needed]

The Key Personnel as a group must ensure that Activity performance across technical and operational areas supports successful achievement of Activity objectives and results with consideration for the unpredictable conflict and operating languages. They must ensure the Activity remains within the operating constraints in Section C as well as the Activity budget, and applies the principles in Section C.8.

F.7. DELIVERABLES AND REPORTS

The Contractor must deliver the following for the approval of the COR, unless otherwise noted below. The Contractor must allow at least 10 business days for review and comments from the COR on any draft report submission. Deliverables must be in English and submitted electronically, unless otherwise required by the

COR.

F.7.1 Deliverables

Table 7.1: Deliverable Due Dates and Approvers

Deliverable Due Date Approver

Required Plans

Annual Work Plan First Annual Work Plan due 60 calendar days after contract period of performance start date

COR

Subsequent Annual Work Plans due no later than August 31st of each contract year

Activity Monitoring and Evaluation Learning Plan

(AMELP)

Activity Monitoring and Evaluation Learning Plan due 60 calendar days after contract period of performance start date

COR

Branding Strategy and Marking Plan

30 calendar days after contract period of performance start date

CO

Revised Security Plan 60 calendar days after contract period of performance start date

N/A, non-binding feedback

Demobilization and Disposition Plan

6 months prior to the end of the Contract CO

Grants Under Contract Management Plan

60 calendar days after contract period of performance start date

CO

Revised Quality Assurance Surveillance Plan.

45 days after contract period of performance start date COR

Construction Implementation Plan

60 days after contract period of performance date CO

Required Reports

Quarterly Financial and Progress Reporting

Quarterly Financial and Progress Report due 30 calendar days after the end of each USG fiscal quarter

Quarterly accruals due 15 days before the end of each USG fiscal quarter

COR

Annual Financial and Progress Reports

30 calendar days after the end of each USG fiscal year COR

Final Contract Completion Report

Due no later than sixty (60) days prior to the end of the award period. USAID will provide written comments.

COR

The Contractor must revise and submit the final report no later than thirty (30) days after receipt of comments.

Quarterly Notification of Changes Certification

10 calendar days after the end of each USG fiscal quarter CO

Additional Reports (i.e.

Consultant Reports, TDY, etc)

Within in 10 days after completion of consultant SOW, TDY, or applicable

COR

Note: USAID’s fiscal year starts on October 1 and ends on September 30. The four fiscal quarterly periods in the year begin October 1, January 1, April 1, and July 1.

The following Plans are required under this contract:

1. Annual Work Plan The Annual Work Plan (AWP) must form the basis for activities to be implemented in each year of the contract. For the purpose of the Annual Work Plan, “Annual” is defined according to the U.S. Government fiscal year. This plan must include a description of the activities the Contractor intends to implement during the first year of the contract through September 30, 2024. The AWP must include a Gender and Social Inclusion (GESI) Strategy and a Private Sector Engagement (PSE) Strategy. The initial AWP must include a Rapid Market Analysis that informs the AWP.

The Contractor must collaborate with the COR, draw on the GESI and PSE Strategies and rapid market analysis, and consult other partners within relevant sectors, and other relevant stakeholders during the development of the activities for each year’s AWP.

The AWP must include major activities that must be…