3. Revised FINAL RFP Amendment 3_USAID Ukraine PLSO RFP - 72012124R00010 June 12 signed.pdf

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USAID/Ukraine Partner Liaison Security Operation (PLSO) Activity
Solicitation number
72012124R00010
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This document is a revised Request for Proposals (RFP) for the USAID/Ukraine Partner Liaison Security Operation (PLSO) activity. USAID/Ukraine is seeking proposals from qualified organizations to provide services required to implement the PLSO activity, which is a Cost-Plus-Fixed-Fee term contract with a 12,300 productive days level of effort and a 5-year period of performance (2 base years and 3 option years). The RFP was revised in Amendment 3, with key changes including re-opening the competition, revising Sections C.7, F.7, H.12, and other parts, and launching a second round of questions. The closing date for Phase 1 proposals is July 22, 2024 at 15:00 local Kyiv time. The geographic code for this procurement is 935, and the NAICS code is 541690. Small businesses are strongly encouraged to submit proposals. The evaluation will be conducted in two phases, with participation in Phase One being mandatory.

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REVISED RFP 72012124R00010 Amendment 3

RFP Issue Date: April 15, 2024 Questions #1 Due: April 23, 2024 at 15:00 local Kyiv time Questions #2 Due June 21, 2024 at 15:00 local Kyiv time Closing Date and Time for Phase 1 Proposals: July 22, 2024 at 15:00 local Kyiv time Amendment 1 April 29, 2024 Amendment 2 May 09, 2024 Amendment 3 June 12, 2024

Subject: Request for Proposals No. 72012124R00010, USAID/Ukraine Partner Liaison Security Operation (PLSO)

Dear Prospective Offerors:

The United States Government, represented by the U.S. Agency for International Development (USAID/Ukraine), is seeking proposals from qualified organizations interested in providing the services required to implement the PLSO activity in accordance with the terms and conditions stated in this Request for Proposals (RFP).

USAID anticipates awarding a single Cost-Plus Fixed Fee (CPFF) term type contract with 12,300 productive days level of effort (LOE) and a period of performance of five (5) years (two base years and three 12 month option periods), subject to availability of funds.

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 geographic code for this procurement is 935, and the NAICS code is 541690. Small businesses are strongly encouraged to submit proposals.

The Government intends to conduct the evaluation in two phases, as described in Section M of this solicitation.

Participation in Phase One is a mandatory part of this acquisition. Failure to participate in Phase One will preclude further consideration of the Offeror’s proposal. Phase Two submissions will not be accepted from any Offeror who has not participated in Phase One.

Proposals must be submitted in accordance with the instructions listed in Section L of this RFP. Proposals received after the closing date and time will be processed as late and handled in accordance with FAR 52.215-

1. Only electronic submissions will be accepted. It is the responsibility of the Offeror to ensure that its proposal is received timely in its entirety and USAID bears no responsibility for data errors or delays resulting from transmission or conversion processes. Proposals not in conformance with this RFP may be excluded.

Issuance of this RFP does not in any way obligate the U.S. Government to award a contract, nor does it commit the U.S. Government to pay any costs incurred in the preparation and submission of an offer.

Furthermore, the Government reserves the right to reject any and all offers, if such action is considered to be in the best interest of the Government.

This RFP can be viewed and downloaded from https://sam.gov. 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. Offerors not registered in SAM should start the process as soon as possible as registration is required before Phase Two proposal submission.

https://sam.gov/

For further information on the SAM process:

https://www.workwithusaid.org/resource-library/registration-eggspectation;

https://sam.gov/content/entity-registration

All questions, comments, and/or requests for clarifications must be sent in writing to lsandefur@usaid.gov and ozadorozhna@usaid.gov no later than the date and time indicated above.

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

Sincerely, Carter Saunders, CPA, Contracting Officer USAID/Ukraine https://www.workwithusaid.org/resource-library/registration-eggspectation https://sam.gov/content/entity-registration mailto:ozadorozhna@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)

03 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.

72012124R000010 TO ALL OFFERORS x

X

April 15, 2024

The purpose of this Amendment No.3 to the PLSO RFP No.72012124R000010 is to:

1. Re-open the competition for PLSO procurement

2. Revise Section C.7, F.7, H.12 and other parts of the RFP and as a result revise Request for Proposal (RFP)

No.72012124R000010. We strongly advise offerors to carefully review the entire document for any adjustments.

3. Launch a second round of questions. Offerors are particularly encouraged to ask questions regarding the revised section C.7 language, namely “e.g. guard or facility strengthening services, security related hardware or software, etc..". All questions must be submitted in writing to the Contracting Officer, Carter Saunders, at casaunders@usaid.gov and cc lsandefur@usaid.gov and ozadorozhna@usaid.gov no later than June 21, 2024, by 1500 Kyiv time. When submitting questions or seeking clarifications, please ensure that your email contains a clear subject line, following the provided sample: "ABXY, Inc. RFP xxxxx."

4. Extend the deadline to July 22, 2024,3 pm Kyiv local time.

Carter Saunders,CPA Contracting Officer, USAID/Ukraine

BY 06/12/2024

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extend ed, REQ-121-24-0000XX

720121

X

X

Table of Contents

PART I - THE SCHEDULE 7

SECTION B – SERVICES AND PRICE/COSTS 7

B.1. PURPOSE 7

B.2. CONTRACT TYPE 7

B.3. ESTIMATED COST, FIXED FEE, AND OBLIGATED AMOUNT 7

B.4. CONTRACT BUDGET 7

B.5. INDIRECT COSTS 9

B.6. ADVANCE UNDERSTANDING ON CEILING INDIRECT COST RATES AND 9

FINAL REIMBURSEMENT FOR INDIRECT COSTS 9

B.7. COST REIMBURSABLE 9

B.8. PAYMENT OF FIXED FEE 10

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK 11

C.1 BACKGROUND 11

C.2 OBJECTIVE 11

C.4 INFORMATION REQUIREMENTS 14

C.5 TRAVEL 15

C.6 LOGISTICAL INFORMATION 15

C.7 NO CONCURRENT SECURITY ACTIVITIES 15

C.8 DATA CLASSIFICATION 16

C.9 MONITORING, EVALUATION, AND LEARNING 16

C.10 COORDINATION WITH OTHER USAID PROJECTS 16

SECTION D – BRANDING AND MARKING 17

D.1. BRANDING STRATEGY 17

D.2. AIDAR 752.7009 MARKING (JAN 1993) 18

SECTION E – INSPECTION AND ACCEPTANCE 19

E.1. NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 19

E.2. INSPECTION AND ACCEPTANCE 19

SECTION F – DELIVERIES OR PERFORMANCE 20

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

F.2. PERIOD OF PERFORMANCE 20

F.3. PLACE OF PERFORMANCE 20

F.4. LEVEL OF EFFORT 21

F.5. CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM 21

F.6. AUTHORIZED WORK WEEK 22

F.7. REPORTS AND DELIVERABLES 22

F.8. DELIVERABLES SCHEDULE 25

F.9. KEY PERSONNEL 26

F.10. GEOSPATIAL REPORTING REQUIREMENTS 27

SECTION G – CONTRACT ADMINISTRATION DATA 29

G.1. NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 29

G.2. CONTRACTING OFFICER 29

G.3. CONTRACTING OFFICER’S REPRESENTATIVE (COR) 29

G.4. PAYING OFFICE 29

G.5. INVOICING INSTRUCTIONS 29

G.6. ACCOUNTING AND APPROPRIATION DATA 30

G.7. CONTRACTOR’S PRIMARY POINT OF CONTACT 30

G.8. CONTRACTOR’S PAYMENT ADDRESS 30

G.9. TECHNICAL DIRECTIONS/RELATIONSHIP WITH USAID 30

SECTION H – SPECIAL CONTRACT REQUIREMENTS 32

H.1. ADDITIONAL REQUIREMENTS FOR PERSONNEL COMPENSATION 32

H.2. AUTHORIZED GEOGRAPHIC CODE 33

H.3. SECURITY 33

H.4. EXECUTIVE ORDER ON TERRORISM FINANCING (FEB 2002) 35

H.5. GENDER CONSIDERATIONS 35

H.6. SEXUAL MISCONDUCT (DECEMBER 2020) 35

H.7. FOREIGN GOVERNMENT DELEGATION TO INTERNATIONAL CONFERENCES (JAN

2002) (ADS REFERENCE 350MAA) 36

H.8. CONSENT TO SUBCONTRACT 36

H.9. NONEXPENDABLE PROPERTY PURCHASES 36

H.10. GOVERNMENT FURNISHED FACILITIES OR PROPERTY 36

H.11. ELECTRONIC PAYMENT SYSTEM 36

H.12. ORGANIZATIONAL CONFLICT OF INTEREST 37

H.13. ADS 302.3.5.19 USAID-FINANCED THIRD-PARTY WEB SITES (NOV 2017) 38

H.14. SUBMISSION OF DATASETS TO THE DEVELOPMENT DATA LIBRARY (DDL)

(OCTOBER 2014) ADS 302.3.5.21 39

H.15. FAR 4.21 PROHIBITION ON CONTRACTING FOR CERTAIN COVERED

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT

(SECTION 889) (DEC 2021) 40

H.16. RESTRICTIONS AGAINST DISCLOSURE (MAY 2016) (DEVIATION NO. M-OAA-

DEV-AIDAR-22-06c) 41

H.17. LIMITATION ON ACQUISITION OF INFORMATION TECHNOLOGY APPROVAL

(APRIL 2018) – (DEVIATION NO. M/OAA-DEV-FAR-20-3c) 41

H.18. ENVIRONMENTAL COMPLIANCE 43

H.19. PLANNING, COLLECTION, AND SUBMISSION OF DIGITAL INFORMATION TO

USAID (JUN 2024) 44

PART II – CONTRACT CLAUSES 51

SECTION I – CONTRACT CLAUSES 51

I.1. FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 51

I.2. AIDAR 752.252-2 AIDAR CLAUSES INCORPORATED BY REFERENCE (MAR 2015) 54

I.3. FAR 52.204-1 APPROVAL OF CONTRACT (DEC 1989) 57

I.4. AIDAR 752.229-71 REPORTING OF FOREIGN TAXES (JULY 2023) 57

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

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE OR EQUIPMENT (NOV 2021)

I.6. AIDAR 752.222-70 USAID DISABILITY POLICY - ACQUISITION (DEC 2004) 60

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

2006) 60

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 60

I.9. AIDAR 752.7005 SUBMISSION REQUIREMENTS FOR DEVELOPMENT EXPERIENCE

DOCUMENTS (SEP 2013) 61

PART III – LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS 63

SECTION J – LIST OF ATTACHMENTS 63

PART IV – REPRESENTATIONS AND INSTRUCTIONS 64

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS 64

K.1. NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE 64

K.2. FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2023) 64

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

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) 67

K.4. FAR 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR 70

SERVICES-REPRESENTATION (OCT 2020) 70

K.5. FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) 70

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

CERTIFICATION (NOV 2021) 71

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

2020) 73

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

(APR 2005) 75

K.9. SIGNATURE 75

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFEROR 77

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

1998) 77

L.2. FAR 52.216-1 TYPE OF CONTRACT (APR 1984) 77

L.3. FAR 52.233-2 SERVICE OF PROTEST (SEP 2006) 77

L.4. GOVERNMENT OBLIGATION 78

L.5. GENERAL INSTRUCTIONS TO OFFEROR 78

L.6. PROPOSAL SUBMISSION 79

L.7. PHASE ONE: INSTRUCTIONS FOR PREPARATION OF THE PHASE ONE PROPOSAL 80

L.8. PHASE TWO: INSTRUCTIONS FOR THE PREPARATION OF THE PHASE TWO

TECHNICAL PROPOSAL 81

L.9. PHASE TWO: INSTRUCTIONS FOR THE PREPARATION OF THE COST PROPOSAL 81

L.10. WAIVERS UNDER FAR PART 4.2101 PROHIBITION ON COVERED

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES AND EQUIPMENT

(JUNE 2023) 86

SECTION M – EVALUATION FACTORS FOR AWARD 87

M.1. FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998) 87

M.2. GENERAL INFORMATION 87

M.3. PHASE ONE 88

M.4. ADVISORY NOTIFICATION 88

M.5. PHASE TWO 88

FACTOR 3: INTEGRATED TECHNICAL AND MANAGEMENT APPROACH 88

M.6. COST PROPOSAL EVALUATION 88

M.7. EVALUATION OF PAST PERFORMANCE 89

M.8. DETERMINATION OF COMPETITIVE RANGE 90

M.9. SOURCE SELECTION 90

M.10. AWARD DECISION 90

USAID/Ukraine Partner Liaison Security Operation (PLSO)

RFP # 72012124R00010

PART I - THE SCHEDULE

SECTION B – SERVICES AND PRICE/COSTS

B.1. PURPOSE

The purpose of this contract is to provide technical assistance and other services as described in detail in Section C for the implementation of USAID/Ukraine’s program entitled “Partner Liaison Security Operation (PLSO)”

B.2. CONTRACT TYPE

This is a Cost-Plus-Fixed-Fee (CPFF) Term Type Contract. For the consideration set forth below, the Contractor must provide the level of effort described in Section F.4 in implementing the requirements in Section C.

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 for the contract period, 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 (any payment of fee, if any) for performance hereunder is $TBD_________. The Contractor must not exceed the aforesaid obligated amount.

(c) Funds obligated hereunder are anticipated to be sufficient through TBD_________. Funding for this contract will be on an incremental basis, subject to the availability of funds.

B.4. CONTRACT BUDGET

(a) The contract budget found herein is based on the Contractor’s original proposal and/or final proposal revision, which was accepted by USAID through award of this contract.

(b) The following itemized budget sets forth the estimates for individual line items of cost:

Line Item Base Period (Years 1 and 2) Total Cost

0001 Direct Costs TBD

0002 Indirect Costs TBD

Total Estimated Cost TBD

Fixed Fee TBD

Total Cost Plus Fixed Fee Base Period TBD

Line Item Option Year 1 Total Cost

[1001] Direct Costs TBD

[1002] Indirect Costs TBD

Total Estimated Cost TBD

Total Cost Plus Fixed Fee Option Year 1 TBD

Line Item Option Year 2 Total Cost

[2001] Direct Costs TBD

[2002] Indirect Costs TBD

Total Estimated Cost TBD

Total Cost Plus Fixed Fee Option Year 2 TBD

Line Item Option Year 3 Total Cost

[3001] Direct Costs TBD

[3002] Indirect Costs TBD

Total Estimated Cost TBD

Total Cost Plus Fixed Fee Option Year 3 TBD

Total Cost Plus Fixed Fee (Base plus Options

Years)

TBD

The decision to exercise the option years will be based on FAR 52.217-9 Option to Extend the Term of the Contract. If the Contracting Officer (CO) decides to exercise one or multiple option years, s/he intends to do so at least 30 days before the end of the period of performance and following the preliminary written notice. The Contracting Officer is not required to exercise option years.

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. Unless authorized in writing by the Contracting Officer, the Contractor will not be entitled to additional compensation above the price of each individual line item stated above.

B.5. INDIRECT COSTS

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:

Description Rate Base Type Period

TBD %TBD 1/TBD 1/TBD 1/TBD

[add lines as needed]

1/ Base of Application:

Type of Rate:

Period:

The Contractor must 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 in this contract. The Government is not 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.6. ADVANCE UNDERSTANDING ON CEILING INDIRECT COST RATES AND

FINAL REIMBURSEMENT FOR INDIRECT COSTS

(a) The Contractor must make no change in its established method of classifying or allocating indirect costs without the prior written consent of the Contracting Officer.

(b) Reimbursement for indirect costs must be at the lower of the negotiated final (or predetermined) rates or the following ceiling rates:

Description 2024 2025 2026 2027 2028 2029

TBD TBD% TBD% TBD% TBD% TBD% TBD%

[add lines as needed]

(c) The Government will not be obligated to pay any additional amount should the final indirect cost rates exceed the negotiated ceiling rates. If the final indirect cost rates are less than the negotiated ceiling rates, the negotiated rates will be reduced to conform to the lower rates.

(d) This advance understanding must not change any monetary ceiling, obligation, or specific cost allowance or disallowance.

B.7. COST REIMBURSABLE

Allowable costs are limited to reasonable, allocable, and necessary costs determined in accordance with FAR § 52.216-7, “Allowable Cost and Payment,” FAR § 52.232-20, “Limitation of Cost,” and FAR § 52.232-22, “Limitation of Funds,” if applicable, and AIDAR 752.7003, “Documentation for Payment.”

B.8. PAYMENT OF FIXED FEE

Subject to FAR 52.216-8, Fixed Fee, payment of ($TBD) of the fixed fee shall be allocated based upon the proportion of the level of effort (LOE) specified in Section F.4 that was provided by the Contractor in the period covered by the invoice. Normally, the Contractor will be paid the portion of the fee specified that corresponds to the proportion of LOE delivered by the Contractor during the period covered by the invoice. In the event that the Contractor does not provide the total LOE stipulated in Section F.4, the total amount of fixed fee will be reduced in similar proportion. For example, if the Contractor has expended 85% of the total level of effort, then the Contractor is entitled to 85% of the fixed fee amount, provided that the performance and contract compliance has been otherwise satisfactory. The Contracting Officer may reduce the amount of Fixed Fee paid for performance not meeting contract requirements.

[END OF SECTION B]

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 BACKGROUND

USAID/Ukraine is responsible for the development, implementation, and oversight of USAID-funded activities operating throughout Ukraine. Currently USAID/Ukraine is the largest and most complex Mission in the Europe and Eurasia region, with over $2 billion of funding appropriated to respond to Russia’s full-scale invasion and over 45 distinct activities with a portfolio value approaching $4 billion.

Due to the region’s strategic importance to the U.S. Government, the Mission receives a high number of senior-level official visitors, works closely with interagency, host government, and civil society actors.

The US Government security rating for Ukraine as of March 2024 is currently on Level 4, “Do Not Travel,” due to armed conflict. The rating depicts the current unpredictable security situation, which directly impacted the security environment in Ukraine and the U.S. Mission as a whole. The U.S.

Department of State’s (DOS) Ukraine Travel Warning details the security incidents and threats, which can be found here. Thus, security is a concern for USAID’s Implementing Partners (IPs).

While USAID’s relationship with its IPs dictates against providing prescriptive guidance on security or mandatory reporting by the IPs, the Mission is establishing the Partner Liaison Security Operation (PLSO) as a tool to enhance communication between USAID and its IPs regarding security information to help IPs better manage and mitigate their respective security concerns as well as to provide a limited security support and advisory as per the section C.3 below.

C.2 OBJECTIVE

The objective of this contract is to provide USAID/Ukraine IPs resources, security information, and opportunities to reduce their security risk profile with the goal of improving delivery of USG assistance.

The purpose of the PLSO is to serve as a liaison to and facilitate communications between the IPs and USAID/Ukraine, and between IPs themselves, to enable the IPs to better use and share publicly available information as a decision support mechanism.

The PLSO efforts will assist in the more effective delivery of U.S. Government (USG) funded assistance, as it will enhance the IPs’ ability to stay abreast of security concerns and better secure their operations so that IPs can more aptly perform and advance development objectives under their respective agreements.

USAID is increasingly called upon to implement programs in countries and regions identified by the Department of State as High Threat Posts. In these areas, a consistent and appropriate level of safety and security support for the Agency’s IPs is critical. While IPs are ultimately responsible for the safety and protection of their employees and programs, the PLSO is intended to provide non-prescriptive safety and security-related support to USAID’s IPs, regardless of their organization’s country of origin.

The PLSO also serves in an information-sharing role helping to disseminate open source information and promote security best practices. The PLSO does not replace IPs’ responsibility to establish their own robust security, staffing, policies, and procedures.

This operation will be located in Ukraine outside the U.S. Embassy Compound. The Contractor will provide security support to USAID/Ukraine’s IPs operating throughout the country.

https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories/ukraine-travel-advisory.html#:%7E:text=Ukraine%20%2D%20Level%204%3A%20Do%20Not%20Travel&text=Do%20not%20travel%20to%20Ukraine,Read%20the%20entire%20Travel%20Advisory.

C.3 RESPONSIBILITIES AND ACTIVITIES

The Contractor, by implementing the PLSO, serves as the USAID/Ukraine liaison to the Executive Office (EXO) for IP security matters and serves as a point of contact between USAID and its IPs on issues relating to security. In addition, the Contractor must collaborate with the Mission’s technical teams, EXO leadership, and other USG agencies in Ukraine. All Contractor’s activities must complement, rather than duplicate, existing security related support to USAID’s IP community in Ukraine, focusing on the specific needs of USAID IPs and striving for cost efficiency and effectiveness.

While the activities listed below may appear comprehensive, USAID seeks services to fill gaps, improve the quality of such support, and diversify options for IP capacity strengthening in security planning, implementation, monitoring, and budgeting. The scope of work may be expanded to include similar services specific to cybersecurity, which may include additional Level of Effort and an increase to the total estimated cost, per FAR 52.243-2.

All Contractor activities must be approved through the annual workplan and may not include inherently governmental functions defined in FAR 7.5. In no cases may the Contractor provide or appear to provide binding, prescriptive information to IPs in implementing the below services. Services may not include those listed in C.7, though non-prescriptive recommendations regarding the services in C.7 are permitted.

Component 1: Partner Engagement and Non-prescriptive Security Advisory:

● The Contractor must build strong working relationships with IPs.

● The Contractor must develop subject matter expertise on all USAID/Ukraine projects, implementation areas, core project activities, main subpartners and keep up to date on this information with information provided by the COR so as to ensure that the Contractor’s services are relevant.

● At the general and specific direction of the COR, the Contractor must gather information from IPs on best practices and share them across IPs. This includes assisting IPs in identifying needs and issues relevant to their safety and security related to non-front line and front-line specific issues and needs. Topics include reliable medical and general evacuation/recovery from front line areas and associated logistics and communications procedures in the event of military action, accident, breakdown, injury or similar. The Contractor must gain COR approval on how it will gather and disseminate this information, including the frequency, method, and content.

● At the general and specific direction of the COR, the Contractor must research, organize and provide non-prescriptive references and guidelines for effective security-related operating procedures for working in each IP’s areas of operations in Ukraine. This is based on the IP Security Plans, best practices identified by IPs and the PLSO COR, publically available, up-to-date information on the Ukraine security contract, and input from the Contractor.

● The Contractor must engage with relevant in-country entities, such as but not limited to the below security fora, for the purpose of sharing and aggregating security information among partners working in the same environment, such as by convening and/or promoting IP information-sharing and networking events or tools. The Contractor must propose a plan for COR approval how and from what entities/sources it will gather, assess, and disseminate information. Example security fora include the below plus any specifically directed by the COR:

○ Overseas Security Advisory Council's (OSAC)

○ INSO Ukraine

○ ASIS Ukraine

○ European Business Association Security Committee

○ US Chamber of Commerce Defence and Security Council

● At the general and specific direction of the COR, the Contractor must meet with and provide informational briefings to newly arrived international staff of IPs tailored to suit the IPs organizational approach and area of operations. This includes IP security best practices and the PLSO platform, what it provides, the collaboration expected of IPs, and the PLSO platform limitations. The Contractor must report any challenges in meeting with IPs promptly to the COR. All briefings must provide a balanced perspective on the realities of operating in Ukraine.

● The Contractor must stay informed of USAID and Embassy publically available safety and security policies, practices, and notifications, especially as they apply to, or affect, USAID’s IPs and keep IPs informed of the policy changes. The Contractor must monitor the US State Department public, official resources and seek applicable information from and through the

COR.

● The PLSO contractor must recommend open-source, existing, publically available products unless a specific training is demonstrably unavailable in existing products and the creation of a new training is justified by the Contractor and approved by the COR.

Component 2: Security Plan and Process Review

● At the general and specific direction of the COR, the Contractor must review IP and prospective IP security plans, security upgrades and security-related contract or award modifications, including associated costs, and provide non-prescriptive, non-mandatory guidance to the CO and COR. The Contractor must share advisory security plan best practices among IPs and provide non-binding, advisory services for activity start-ups and for life-of-project security risk issues.

● At the general and specific direction of the COR, the Contractor must develop site visit plans, prioritizing activities in higher risk locations, for COR approval. The Contractor must then prepare a site visit objective and tasks for COR approval and then conduct the site visit in coordination with the COR. The Contractor must then provide site visit trip reports detailing findings and any non-prescriptive recommendations to theCOR, relevant COs and the IP CORs/AORs for approval and then share the final version to the IP for/at whom the site visit was conducted. The site visit report must be submitted to the CO/COR not later than 3 (three) business days after the site visit completion.The Contractor must provide recommendations to the COR and the respective IP’s AOR/COR on any IP follow-up actions. See also Section F for reporting requirements.

● At the general and specific direction of the COR, the Contractor must review the prime IP’s support to subpartners security approaches and processes such as the type of security plans required of its subpartners and capacity building provided by the IPs to their subpartners. The IPs are responsible for monitoring the adequate security of its subpartners and for disseminating information provided by the PLSO platform to their subpartners.

Component 3: Reporting

Please refer to section F.7 Reports and Deliverables. F.7.1 Frequent Scheduled and Ad-hoc Reporting.

Component 4: Other

● The Contractor must develop and maintain a list Security Managers and Chiefs of Party from the respective IPs operating in Ukraine, with contact information.

● The Contractor must develop and maintain an up-to-date list and GIS map of the location of IPs’ established offices to better respond to emergent security threats. Since IPs are not obliged to report all movements, activities and incidents, the Contractor must not actively monitor IP movements or activities in order to obtain information without the IPs consent.

● At the general and specific direction of the COR, the Contractor must develop and maintain a bulk SMS text message notification system to contact IPs when/if there is a total blackout of internet connectivity as well as an internet based messaging platform to send IPs an ad hoc security advisory. There must be a differentiation between “emergency” alerts and “useful information.” If directed by the COR, any PLSO-developed system must be prior approved by the COR and must not duplicate or recreate existing notification systems in use by the IP or “air alert”/messaging applications widely available in Ukraine.

● At the general and specific direction of the COR, the Contractor must provide briefings to USAID staff related to the general, region-specific and/or IP-specific security subjects.

● At the general and specific direction of the COR, the Contractor must conduct a cost estimate of the security services and goods available on the local and global market for increasing cost efficiency of USAID/IPs operations.

● PLSO must maintain back-up access to communications and power to operate in case of emergency or limitations in communication or power networks.

C.4 INFORMATION REQUIREMENTS

Type of Security Information

The term “security information” as used in this Contract must mean information related to security that is hostile or threat-related in nature received voluntarily from implementing partners or their subcontractors as well as relevant security forums. It also includes information from security databases, systems, and other relevant and reliable sources that are publicly available. The security information must not be independently verified by the Contractor and will not be considered comprehensive of the security environment.

Use of Security Information

The security information is designed to provide IPs, USAID, and the RSO with potentially useful information regarding the security environment in Ukraine. Each IP will decide how it utilizes or does not utilize the information to effectively manage its risk profile. The security information is for informational purposes only.

Disclosure of Security Information Reported by IPs

The source of the security information received from IPs must not be disclosed to anyone other than the COR, CO, PLSS and RSO, as appropriate, in order to protect the privacy of the IPs’ locations, business purpose, operations, and other proprietary information. In addition, the information must not be disclosed to anyone within the contracted organization other than relevant project personnel. Further, it must not be used in any way other than in the production of USAID contracted work product. To build the confidence of IPs the Contractor may consider developing non-disclosure agreements that outline the caveats above. To further protect the IP privacy, the Contractor must not investigate the validity of the security information reported by IPs. Although the source of the security information is protected, the actual underlying security information is unclassified and open-source information.

Method of Collecting Security Information

● The Contractor will obtain information from the following sources: IPs, mass media, local media, social media and networks, info received from stakeholders and/or contacts, etc.)

● The information can be received online, via communication methods or in person

● IPs will not be required to report security incidents to the Contractor beyond the scope of the IPs’ contract and the Contractor must not actively monitor IP movements or activities in order to obtain information.

Disclaimer on all Security Information and Communications

The following disclaimer must be used and prominently displayed for all communications under the contract:

This USAID/Ukraine communication is designed to provide Implementing Partners with information received regarding security or of a hostile threat-related nature. If derived from implementing partners or their subcontractors the source of the information may not be disclosed in order to protect the privacy of implementing partners. USAID/Ukraine and the U.S. Embassy’s RSO does not investigate the validity of the report and relies on implementing partners to validate the details of reported incidents.

The public nature of the report requires that the content be limited to unclassified information; as such the information may be disseminated freely. The USAID/Ukraine communications are provided for information purposes only and any decisions made by the IPs regarding security of facilities, personnel and travel should be based on Department of State travel advisories, OSAC advisories or other authorities' guidance.

Disclosure of Procurement Sensitive Information

The Contractor must not disclose any information deemed procurement sensitive, such as IP cost information related to security plans, to any person other than the CO.

C.5 TRAVEL

The Contractor must be available to travel to IP and USAID program sites throughout Ukraine as needed and requested for briefings, site visits, and training and for effective relationship building.

C.6 LOGISTICAL INFORMATION

The Contractor is responsible for furnishing all logistical support and obtaining all permits to meet the terms and conditions of the Contract. These must include, but are not limited to, all support for database and systems, security, personnel requirements, travel arrangements, communications, appointment scheduling, administrative services, report preparation services, printing, and duplicating. The Contractor must obtain legal registration within 30 days of contract award and maintain the registration throughout the period of performance.

C.7 NO CONCURRENT SECURITY ACTIVITIES

To avoid a conflict of interest (impaired objectivity) with the advice/guidance provided to IPs, the Contractor or its affiliates may not provide security/protection services (e.g. guard or facility strengthening services, security related hardware or software, etc...) to any USAID prime Implementing Partner (IP) in Ukraine at any time during the performance of this contract. This is an organizational-level preclusion. The Contractor must fully comply with this preclusion at award for current IPs. Should the CO determine that a new USAID activity may create an OCI, the PLSO Contractor must present an acceptable divestiture plan of the non-permitted services within 30 days after new activity award, with the OCI mitigated within 90 days of award, or as approved by the CO. Inability to address OCIs to the satisfaction of the CO may be considered non-compliance with award terms and conditions. At the end of the activity base period, the CO will reevaluate the OCI risk and may determine that additional, or less restrictive, OCI measures are appropriate or that the stated restrictions remain in place. This assessment will be conducted by the CO also prior to exercising option years.

C.8 DATA CLASSIFICATION

All work under this contract must be unclassified, and thus no special information security requirements are applicable.

C.9 MONITORING, EVALUATION, AND LEARNING

The Contractor must integrate monitoring, evaluation, and learning (MEL) throughout the implementation of all activities in the contract. MEL will inform programming and implementation decisions. A MEL plan must be submitted to the COR for approval per Section F. At a minimum, the Contractor must utilize the following indicators that will measure activity results:

● Level of IP utilization and satisfaction with the Contractor’s services.

● Number of reports submitted.

● Number of revisions before a report is considered final and approved by USAID.

● Status of security risk profile

● Application of security controls

USAID/Ukraine may conduct the external mid-term and/or final evaluation of the PLSO separately from this contract. USAID/Ukraine may use the midterm results and recommendations to inform critical programmatic decisions.

C.10 COORDINATION WITH OTHER USAID PROJECTS

The Contractor must coordinate and communicate with other ongoing USAID activities in Ukraine and the broader Europe and Eurasia Region, when appropriate. This collaborative approach aims to leverage synergies and optimize outcomes in conjunction with USAID implementing partners within the country.

[END OF SECTION C]

SECTION D – BRANDING AND MARKING

D.1. 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/Ukraine Partner Liaison Security Operation (PLSO) 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 used on all reports and printed materials produced under the PLSO 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.

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” at https://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.

https://www.usaid.gov/sites/default/files/2022-05/USAID_GSM-02_04_2020.pdf https://www.usaid.gov/sites/default/files/2024-01/320_012624.pdf

D.2. 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.

[END OF SECTION D]

SECTION E – INSPECTION AND ACCEPTANCE

E.1. NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

In accordance with FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract, the following contract clauses are hereby incorporated by reference, with the same force and effect as if they were given in full text. See http://acquisition.gov/far/index.html for electronic access to the full text of a clause.

NUMBER TITLE

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

DATE

52.246-5 INSPECTION OF SERVICES--COST-REIMBURSEMENT APR 1984

52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS OCT 2016

E.2. INSPECTION AND ACCEPTANCE

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.

[END OF SECTION E]

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

SECTION F – DELIVERIES OR PERFORMANCE

F.1. NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

In accordance with FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract, the following contract clauses are hereby incorporated by reference, with the same force and effect as if they were given in full text. See http://acquisition.gov/far/index.html and http://www.usaid.gov/sites/default/files/documents/1868/aidar_0.pdf for electronic access to the full text of a clause.

NUMBER TITLE

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

DATE

52.242-15 STOP-WORK ORDER AUG 1989

ALTERNATE I APR 1984

F.2. PERIOD OF PERFORMANCE

The period of performance is two (2) years from date of contract award with three (3) 12-month option periods, subject to the conditions set forth in Section H.18.

[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) Notwithstanding the base and option periods in Section B, an additional 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.18).

F.3. PLACE OF PERFORMANCE

The place of performance is Ukraine. The Contractor must have the principal office in Kyiv where all key personnel must be located. Unless approved by the Contracting Officer, Key Personnel must adhere to USAID/Ukraine IP Operations and Location Guidance (USAID Ukraine Implementing Partner Notices) attached in Section J. This guidance may change during the performance of the contract. Other staff should be full-time in Ukraine to the greatest extent possible.

http://acquisition.gov/far/index.html http://www.usaid.gov/sites/default/files/documents/1868/aidar_0.pdf

F.4. LEVEL OF EFFORT

a. The Contractor must provide twelve thousand three hundred (12,300) days level of effort to implement the SOW. The Contractor must provide the Level of Effort of all direct charged employee and subcontractor (LOE-based consultants fall into one of these two categories) labor for the contract period of performance specified in Section F.2 above.

b. LOE is for productive work days which do not include leave and holidays.

c. Approvals, technical orders, or other direction from the COR do not constitute authorization to increase the total LOE for this contract. The Government is not obligated to reimburse the Contractor for any actions which increase the LOE unless such actions have been specifically authorized in writing by the CO. Once the LOE has been fully expended, the contract is complete.

d. The level of effort must be organized by labor categories as follows:

Labor Category Year 1 - Base

Period Year 2 - Base

Period Option Year 1

Option Year 2

Option Year 3 Total

CCN 2,080 2,080 2,080 2,080 2,080 10,400

USN/ TCN 380 380 380 380 380 1,900

Total LOE LOA 2,460 2,460 2,460 2,460 2,460 12,300

e. The number of LOE for any labor category may not be used in any other labor category, unless prior approval by the Contracting Officer…

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