1. Revised FHR RFP 72012124R00008 Amendment 1 FINAL.pdf

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"Furthering Health Reform and Recovery” USAID/Ukraine Activity
Solicitation number
72012124R00008
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This document is a Request for Proposals (RFP) from the United States Agency for International Development (USAID) for the "Furthering Health Reform and Recovery" activity in Ukraine. USAID seeks proposals to provide technical assistance and support to improve the Ukrainian health system's accountability, efficiency, and transparency to meet new and emerging health needs during and after the war. USAID plans to award a single Cost-Plus-Fixed-Fee contract with an estimated value of $90 million over 5 years. The RFP encourages participation from local organizations, small businesses, and potential new partners. Proposals must be submitted by May 20, 2024. The procurement will utilize a Highest Technical Rated with Fair and Reasonable Price and Realistic Cost evaluation process. The RFP includes a detailed Statement of Objectives outlining five key objectives related to strengthening health financing and governance, improving health workforce capacity, expanding digital health platforms, strengthening public support for reforms, and restoring health services.

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REVISED RFP 72012124R00008 Amendment 1 FHR Activity

Issuance Date: March 22, 2024

Questions Due Date and time: April 10, 2024 at 15:00 local Kyiv time

Closing Date and Time for Proposals: May 20, 2024 at 15:00 local Kyiv time

Amendment 1: April 24, 2024

SUBJECT: Request for Proposals (RFP) No. 72012124R00008, USAID/Ukraine “Furthering Health Reform and Recovery” Activity

Dear Prospective Offerors:

The United States Agency for International Development (USAID) seeks proposals to provide technical assistance and support to USAID/Ukraine’s Office of Health. The purpose of this assistance and support is to improve the Ukrainian health system’s accountability, efficiency, and transparency to meet new and emerging health needs for Ukrainians during and following the war, as described in the attached Request for Proposals (RFP).

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 overall estimated cost of this procurement is $90 million. 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. This RFP has unrestricted eligibility. USAID encourages the participation to the maximum extent possible of local organizations, small business concerns, veteran owned small business, service-disabled veteran small business, HUB zone small business, small disadvantaged business, and women-owned small business concerns. USAID also encourages small business concerns in this activity as the prime contractor or as subcontractors. In support of USAID’s interest in expanding the number and sustainability of development partners, USAID encourages proposals from potential new partners.

USAID discourages the use of exclusive agreements with international or regional/local organizations as this limits USAID’s ability to receive the best services. 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.

RFP No. 72012124R00008 Furthering Health Reform and Recovery Activity

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. Pursuant to Block 12 of Standard Form 33 of this RFP, USAID requires that offers remain valid for 180 calendar days from the RFP closing date.

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.

Questions regarding this solicitation must be submitted in writing via e-mail box at kyivrcohealth@usaid.gov by the date and time specified above. Any substantive questions or changes to the solicitation will prompt amendments, which will be posted on the U.S. government website SAM.gov. USAID bears no responsibility for data errors resulting from transmission or conversion processes. USAID reserves the right to amend or rescind this solicitation at any time. Oral instructions, answers, or guidance from any USAID source prior to the award of the contract shall not be binding.

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.

NOTE: ONLY Electronic submissions will be accepted. No other forms of submission will be accepted. Please note that the designated initial point of entry to the Government infrastructure for proposal submission is the USAID/Washington Internet server which will determine the timeliness of submission.

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

Sincerely, Jessica R. Faber Contracting Officer USAID/Ukraine mailto:kyivrcohealth@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

PAGE OF PAGES

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:

E. IMPORTANT:

(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

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

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)

01 See Block 16 C.

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

1 1

9A. AMENDMENT OF SOLICITATION NO.

72012124R00008 TO ALL OFFERORS x

X

March 22, 2024

The purpose of this Amendment No. 01 is to:

1. Provide answers to the questions received in response to Request for Proposal(RFP) No.72012124R00008, FHR Activity in Ukraine; and

2. Revise Request for Proposal (RFP) No.72012124R00008. All changes made to the revised RFP are highlighted in yellow. All other terms of the RFP remain unchanged.

Jessica Faber Contracting Officer

BY 04/24/2024

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers Xis extend ed, /s/

REQ-121-24-0000XX

720121

Contents

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PURPOSE

B.2 CONTRACT TYPE

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

B.4 BUDGET

B.5 COST REIMBURSABLE AND FIXED FEE

B.6 PAYMENT OF FIXED FEE

B.7 MULTI-YEAR CONTRACT

SECTION C – PERFORMANCE WORK STATEMENT

C.1 ACTIVITY TITLE

C.2 PURPOSE

C.3 PERFORMANCE WORK STATEMENT

C.4 RELATION TO USAID'S STRATEGY

C.5 RELATION TO GOU PRIORITIES

C.6 GRANTS UNDER CONTRACT

C.7 GEOGRAPHIC COVERAGE

C.8 CONSTRUCTION ACTIVITIES

C.9 ADAPTIVE MANAGEMENT

C.10 ANTI CORRUPTION

SECTION D - PACKAGING AND MARKING

D.1 AIDAR 752.7009 MARKING (JAN 1993)

D.2 BRANDING STRATEGY

D.3 BRANDING IMPLEMENTATION PLAN AND MARKING PLAN

SECTION E - INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

E.2 INSPECTION AND ACCEPTANCE

E.2.1 Non Construction Deliverables

E.2.1 Construction Deliverables

E.3 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

SECTION F - DELIVERIES OR PERFORMANCE

F.1. NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

F.2. PERFORMANCE PERIOD

F.3. PLACE OF PERFORMANCE

F.4. PERFORMANCE STANDARDS

F.5 AUTHORIZED WORK WEEK

F.5. KEY PERSONNEL

F.5.1 Approved Key Personnel

F.5.2 Key Personnel requirements

A. Chief of Party

B. Senior Technical Advisor, Health Financing/Health Economics

C. Technical Advisor, eHealth/Health management Information Systems (eHealth/HMIS)

D. Infrastructure Manager

F.6. DELIVERABLES AND REPORTS

F.7. MINIMUM QUANTIFIABLE RESULTS

F.8. GEOSPATIAL REPORTING REQUIREMENTS

SECTION G - CONTRACT ADMINISTRATION DATA

G.2 CONTRACTING OFFICER

G.3 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

G.4 CONTRACTOR’S PRIMARY POINT OF CONTACT

G.5 PAYING OFFICE

G.6 INVOICING INSTRUCTIONS

G.7 ACCOUNTING AND APPROPRIATION DATA

G.8 CONTRACTOR'S PAYMENT ADDRESS

G.9 TECHNICAL DIRECTION/RELATIONSHIP WITH USAID

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.2. AUTHORIZED GEOGRAPHIC CODE

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

H.4. LANGUAGE REQUIREMENTS

H.5. ENVIRONMENTAL COMPLIANCE

H.6. FOREIGN GOVERNMENT DELEGATIONS TO INTERNATIONAL CONFERENCES (ADS

REFERENCE 350MAA)

H.7. EXECUTIVE ORDER ON TERRORISM FINANCING

H.8. CONSENT TO SUBCONTRACT

H.9. ELECTRONIC PAYMENT SYSTEM

H.10. GENDER CONSIDERATION

H.11. GRANTS UNDER CONTRACT

H.12. LOGISTIC SUPPORT

H.13. SUBMISSION OF DATASETS TO THE DEVELOPMENT DATA LIBRARY (DDL) (OCT 2014) ADS

302.3.5.21 59

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

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)

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

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (SECTION 889) (DEC 2021) 62

H.17. BUSINESS CLASS TRAVEL

H.18. SECURITY

SECURITY MANAGEMENT PLAN

SECURITY REPORTING RESPONSIBILITIES

H.19. SEXUAL MISCONDUCT (DECEMBER 2020)

H.20. AIDAR 752.222-70 USAID DISABILITY POLICY - ACQUISITION (DEC 2004)

H.21. DUE DILIGENCE

H.22. SPECIAL REQUIREMENTS FOR INFRASTRUCTURE INTERVENTIONS

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

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

I.2. AIDAR 752.252-2 AIDAR CLAUSES INCORPORATED BY REFERENCE (MAR 2015)

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

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

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)

I.7. FAR 52.247-67 SUBMISSION OF TRANSPORTATION DOCUMENTS FOR AUDIT (FEB 2006) 79

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

I.9. AIDAR 752.7005 SUBMISSION REQUIREMENTS FOR DEVELOPMENT EXPERIENCE

DOCUMENTS (SEP 2013)

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

ATTACHMENT J.3 – BUDGET TEMPLATE

ATTACHMENT J.4 – DEC HRS PROGRESS REPORTS; HRS MEL PLAN; ASSESSMENTS AND SURVEYS

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF THE OFFEROR

K.1. NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

K.2. FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2023)

K.3. FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

REPRESENTATION (OCT 2020)

K.5. FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

CERTIFICATION (NOV 2021)

K.7. FAR 52.230-1 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION (JUN 2020)

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

2005) 96

K.9. SIGNATURE

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

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

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

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

L.4. GOVERNMENT OBLIGATION

L.5. GENERAL INSTRUCTIONS

L.6. PROPOSAL SUBMISSION

L.7. INSTRUCTIONS FOR PREPARATION OF THE TECHNICAL PROPOSAL

L.8. COST PROPOSAL INSTRUCTIONS

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

AND VIDEO SURVEILLANCE SERVICES AND EQUIPMENT (JUNE 2023)

SECTION M - EVALUATION FACTORS FOR AWARD

M.1. GENERAL INFORMATION

M.2. AWARD PROCESS

M.3. TECHNICAL EVALUATION CRITERIA

M.4. EVALUATION OF PAST PERFORMANCE

M.5. COST/PRICE EVALUATION

M.6. COMPETITIVE RANGE DETERMINATION

M.7. AWARD

ATTACHMENT J.1 – STATEMENT OF OBJECTIVES

ATTACHMENTS: J.6 OTHER REFERENCES

ATTACHMENT J.7 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP) TEMPLATE.

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PURPOSE

The purpose of this contract is to provide services that fall within the performance work statement (PWS) [To be inserted at the time of award] specified in Section C for the USAID/Ukraine “Furthering Health Reform and Recovery (FHR)” 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.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 $ [TBD] . The fixed fee, if any, is $_[TBD] . The estimated cost plus fixed fee, if any, is $ [TBD] .

(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

[TBD]

0002 Grants Under Contracts* [TBD]

0003 Infrastructure** [TBD]

0004 Indirect Costs [TBD]

[1001]*** Direct Costs, exclusive of GUCs and Construction

[TBD]

[1002]*** Grants Under Contracts* [TBD]

[1003]*** Infrastructure** [TBD]

[1004]*** Indirect Costs [TBD] Total Estimated Cost [TBD] Fixed Fee [TBD] Total Cost Plus Fixed Fee [TBD]

[*Offeror must set aside between $10,000,000 up to $15,000,000 of its total budget to provide Grants Under Contracts (GUCs). Additional information can be found in Section L.] [**Offeror must set aside $20,000,000 of its total budget for Infrastructure activities.] Additional information can be found in Section L.] [*** The option line items will be deleted if the award will not be based on the Foreign Assistance waiver. See Section F.2]

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 to propose indirect costs as applicable].

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

A percentage (60%) of the payment of the fixed fee under this contract is tied to the achievement of the deliverables as described in Section F.7. 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 of the remaining (40%) of fixed fee, subject to the terms stated in FAR 52.216-8, may be made upon receipt of a proper invoice. Subject to FAR 52.216-8, Fixed Fee, payment of fixed fee shall be allocated based upon the proportion of the invoiced amount in the period covered by the invoice to the total estimated cost of the periods of the contract not including fixed fee.

In exceptional circumstances where it is justified that the contractor was unable to achieve a specific result due to factors beyond their control, unpaid fee may be subject to renegotiation with the Contracting Officer. This renegotiation would require approval via a contract modification while ensuring that the fee remains fixed.

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

B.7 MULTI-YEAR CONTRACT

This contract is considered non-severable, and is therefore a multi-year contract as defined in FAR

17.103. Consequently, this contract is subject to the requirements of FAR 17.106. Performance under this contract during the second and subsequent years is contingent upon the appropriation of funds. All program years except the first are subject to cancellation.

In determining cancellation ceilings, the Contracting Officer has determined that – considering reasonable pre-production 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.

This is a CPFF type contract where the Contractor is authorized to be reimbursed for all costs which are allowable in accordance with FAR 52.216-7, “Allowable Costs and Payment.” Therefore, the Contractor will not incur any costs which would have been amortized over the life of the contract should the contract be canceled in accordance with FAR 52.217-2.

END OF SECTION B

SECTION C – PERFORMANCE WORK STATEMENT

C.1 ACTIVITY TITLE

The title of this USAID/Ukraine activity is Furthering Health Reform and Recovery Activity (also referred to as FHR or Activity).

C.2 PURPOSE

The purpose of the Furthering Health Reform activity is to Improve the Health System’s Accountability, Efficiency and Transparency in Ukraine to Meet the New and Emerging Health Needs for Ukrainians During and Following the War - and is encompassed in five objectives:

Objective 1: Strengthen sustainable health financing and governance of healthcare to support health reform and recovery.

Objective 2: Improve health workforce capacity for accountable provision of quality healthcare.

Objective 3: Expand reach and capacities of digital health platforms and tools driving transparency and accountability.

Objective 4: Strengthen public support for health reforms aimed at transparency, efficiency, and accountability.

Objective 5: Restore health services and reconnect people to care.

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.

Within USAID, this Activity will contribute to USAID/Ukraine’s Country Development Cooperation Strategy (CDCS) 2019-2026, Development Objective 1 (DO1) Corruption Reduced in Targeted Sectors. Specifically, FHR will contribute to Intermediate Results in IR1.1, Increased health system transparency. And it will result in Sub-IR 1.1.1: Improved health sector governance and finance, and Sub-IR 1.1.2: eHealth system developed and implemented.

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

C.5 RELATION TO GOU PRIORITIES

The Activity’s objectives align with Government of Ukraine’s National Recovery Plan to ensure Ukrainians can access care through the universal coverage Program for Medical Guarantees; and the GOU Priority Action Plan 2023, specifically the Healthy nation component, which concerns medical reform, affordable medicines, and new approaches to the work of medical and social expertise.

C.6 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.11.

C.7 GEOGRAPHIC COVERAGE

This activity will align with USAID/Ukraine’s Mission-wide geographic priorities and the GOU’s geographic priorities for USAID support. The Contractor must work only in GOU-controlled areas.

The activity must have an impact on the overall national health reform building upon the gains already made, while demonstrating and consolidating successes and innovations in reform implementation at national and subnational level.

At the subnational level, FHR will establish focus oblasts, in consultation with USAID and the GOU, to develop deeper partnerships with local authorities to advance reforms.

Focal Oblasts Selection Guidelines include target regions that must be addressed in the PWS:

● A certain number of oblasts that suffered from damages and disruptions of the local healthcare systems due to the Russian military invasion. Additionally, oblasts that face significant pressure on the health system related to the war, for example, due to a high concentration of internally displaced persons (IDPs) or other vulnerable population, shall be targeted with priority assistance and sustained interventions. These include the restoration of essential health services and reconnecting people with care, while staying and advancing the key principles of health reform.

● A priority of FHR is to optimize the allocation of resources within healthcare networks by incentivizing a more efficient allocation of resources and the rationalizing of health services. Coverage and focus may be adjusted based on need, opportunity to demonstrate impact, and availability of funds.

● The contractor will collaborate with other USAID activities, development partner programs, and/or local institutions to maximize its capacity to impact reforms at the subnational level.

● The Contractor shall collaborate with and obtain approval from USAID on targeted oblasts, CCs/cities and rayons for longer-term sustained interventions. The associated selection methodology and graduation criteria must be included as part of initial implementation plan development.

C.8 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.

They must be a US-licensed Professional Engineer with a bachelor’s degree in civil engineering.

This position will be considered Key Personnel per Section F.

The Contractor must develop a construction implementation plan (CIP) 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 CIP has to be submitted and approved prior to construction by the CO with concurrence from the COR and the Mission Engineer. The Contractor must submit all construction (and, if deemed necessary - 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 201 maw.

The Contractor may be required to perform FHR construction in furtherance of Objective 5 Restored Services and People Reconnected to Care. To aid with the recovery of essential healthcare in targeted localities, the construction activities may support minor renovation and improvements and/or rehabilitation of critical healthcare facilities. Examples include: repairs of roof, walls, or wiring of targeted facilities; primary healthcare centers; and small rural hospitals. Limited infrastructure related support for such healthcare facilities could include procurement and installation of electrical power supply equipment, like power generators, IT and communications equipment and software, and medical equipment for primary healthcare centers, including for telemetry. There will be no procurement of pharmaceuticals or medications. To this end, the Contractor must set aside a separate budget line under the contract with the maximum amount of $20,000,000 USD.

FHR infrastructure and construction activities must be based on the Ukrainian Government's Health Development and Recovery Strategy for the period until 2030. Activities must also correspond with national laws and regulations in the area of construction in the health sector and any other strategies, laws, and regulations that will be adopted by the Ukrainian government to implement the health reform during the life of FHR.

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.

C.9 ADAPTIVE MANAGEMENT

Due to the extremely fluid nature of the Ukrainian country context, USAID/Ukraine must be able to adapt to changing circumstances on the ground. The Contractor must use an adaptive management approach that incorporates ongoing monitoring for contextual changes, stresses, and shocks; determine when adaptations are needed; and quickly pivot to implement adaptations in a way that ensures no harm in order to achieve the contract's objectives.

These changes will be made to address changing circumstances in Ukraine. Examples of the circumstances include but are not limited to:

● Data indicates and the Mission Director determines in writing that there is a high probability of a crisis developing in the operating environment, requiring adjustments to ongoing programming.

● Data indicates and the Mission Director determines in writing that there is a high probability that peace will continue, and the operating environment will stabilize, requiring adjustments to ongoing programming.

Second, pursuant to FAR 52.243-2 (Alternate I) Changes Cost Reimbursement, the Government anticipates that the Contractor may be required to procure additional equipment or commodities in order to meet the goals of the contract. Russia’s on-going invasion and the unpredictable nature of events may require that the Contractor substantially increase resources dedicated to equipment or commodities procurement to meet programmatic goals. Equipment and commodity needs, in the event of expansion, may not be limited to strictly health equipment but also e.g. construction equipment and commodities, vehicles etc. plus necessary management costs that will aid the health sector in Ukraine more broadly, directly and indirectly. The total additional funding is estimated as up to approximately 25% of the total estimated cost.

Third, these additional services, such as small scale infrastructure related to the health sector, equipment installation works, or commissioning/maintenance services necessary for procured health related equipment, may be required and added via through a contract modification during implementation in accordance with FAR 52.243-2, depending on the fluid conditions of the war and GOU needs. In this event, the Contractor must submit a revised CIP, per the processed modifications.

The purpose of this section is to inform the Contractor of the very fluid nature of development work in Ukraine and the likely need to adapt to changing circumstances while still achieving the contract’s objectives. There may be other needs that require the use of the changes clause but the extreme fluidity of the operating environment in Ukraine warrants this section in order to increase the probability of success in achieving the contract’s objectives.

All the five components of the activity overlap; and they often mutually reinforce each other. The Contractor must take advantage of opportunities to connect thematic areas in the five components.

Ukraine’s unpredictable war situation and fluid political environment calls for flexibility in implementation. The contractor should be able to shift emphasis between and within components, in consultation and consent with USAID, to concentrate resources where the opportunities to make progress are greatest, refine approaches in response to knowledge obtained through data collection and learning exercises, and/or accommodate shifts in political and social operating environment.

C.10 ANTI CORRUPTION

The Contractor must combat corruption by helping to establish a transparent and predictable regulatory environment that is less prone to corruption and abuses by facility managers and public authorities. The Contractor must incorporate specific anti-corruption elements in its approach, including but not limited to performing appropriate due diligence assessments and responsibility determinations on potential partners, including grant recipients and subcontractors.

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 Furthering Health Reform and Recovery (FHR). 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 Furthering Health Reform and Recovery (FHR). The Contractor will have the responsibility to position USAID’s name in each activity to be supported to ensure that people recognize and identify that those activities are implemented by the generous contribution of the U.S. government and the American people.

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.

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 https://www.usaid.gov/sites/default/files/2022-05/USAID_GSM-02_04_2020.pdf and USAID Automated Directive System (ADS) 320.3.2 “Branding and Marking in USAID Direct Contracting” athttps://www.usaid.gov/sites/default/files/2024-01/320_012624.pdf or any successor branding policy.

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.

D.3 BRANDING IMPLEMENTATION PLAN AND MARKING PLAN

The Contractor’s Branding Implementation and Marking Plan dated [TBD] is hereby approved by the Contracting Officer for the life of the award, unless otherwise rescinded earlier. The contractor https://www.usaid.gov/sites/default/files/2022-05/USAID_GSM-02_04_2020.pdf 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%3B https://www.usaid.gov/sites/default/files/2024-01/320_012624.pdf http://www.usaid.gov/work-usaid/branding/acquisition-awards will follow the plan during implementation of this contract and will request and obtain waivers from the contracting officer when required. Guidance on applying for waivers can be found in USAID Automated Directives System Chapter 320, Branding and Marking.

END OF SECTION D

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

52.246-3 INSPECTION OF SUPPLIES-COST-REIMBURSEMENT MAY 2001

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.

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

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 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.6).

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 and PART 752 - SOLICITATION PROVISIONS AND CONTRACT CLAUSES | Acquisition.GOV 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

[Note to Offerors: The language below will be used in the award if the apparently successful offeror does not use any covered technology and does not require a waiver. The additional (a),(b) language will be deleted from the award document.]

The period of performance for this contract is five years from TBD to TBD, subject to the conditions set forth in Section H.16.

[Note to Offerors: The language below will be added to the award if it is based on the Foreign Assistance waiver. ]

(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.

http://acquisition.gov/far/index.html https://www.acquisition.gov/aidar/part-752-solicitation-provisions-and-contract-clauses https://www.acquisition.gov/aidar/part-752-solicitation-provisions-and-contract-clauses

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 the Ukrainian government-controlled areas of Ukraine.

F.4. PERFORMANCE STANDARDS

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

The standard work-week is from Monday through Friday. No overtime or premium pay is authorized under this Contract. The Contractor is authorized up to a five-day work week for long-term staff. A six-day work week may be authorized for short-term technical assistance to the field on a case by case basis with the prior written approval of the designated Contracting Officer’s Representative (COR).

F.5. KEY PERSONNEL

F.5.1 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

1. Chief of Party (COP) TBD

2. Senior Technical Advisor, Health Financing/ Health Economics (HFin/HEcon) TBD

3. Technical Advisor, eHealth/Health Management Information Systems (eHealth/HMIS) TBD

4. Infrastructure Manager TBD

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.

Prior to replacing any of these individuals, the Contractor must notify both the Contracting Officer and the Contracting Officer’s Representative (COR) reasonably in advance and must submit written justification (including…

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