4. Revised RFP Amendment 4_USAID Ukraine PLSO RFP - 72012124R00010 FINAL signed.pdf

Amendment Issuance Date: June 27, 2024

Subject: Amendment 04 to Request for Proposal (RFP) No. 72012124R000010

Reference: PLSO Activity, USAID/Ukraine

Dear Offerors, The purpose of Amendment 04 is to answer the questions received in response to the solicitation Phase One, and as a result revise the RFP. All changes made to the revised RFP are highlighted in yellow for ease of reference. All other terms of the RFP remain unchanged.

Please note that all Offerors have to submit a new Phase 1 proposal by the above deadline to be considered. No submissions prior to the date of this RFP amendment 4 will be considered.

Thank you for your interest in USAID/Ukraine PLSO RFP, and we appreciate the thoughtful questions submitted. Your engagement is instrumental in ensuring a comprehensive understanding of the requirements.

Sincerely, Carter Saunders, Contracting Officer, CPA

USAID/Ukraine

1. Are Offerors allowed to include experience example(s) for their proposed major subcontractor(s) in their Phase One proposal?

Answer: Yes. Please note that per Section M.3 of the RFP, Offerors relying on subcontractor experience may be evaluated lower.

2. If the answer is “yes” to the question above, is the total number of experience examples still limited to three?

Answer: Yes, if an Offeror chooses to submit experience examples of their proposed major subcontractors, the experience examples would still be limited to three.

3. Page 13, last bullet in Component 1, C.3. Responsibilities and Activities states, “The PLSO contractor must recommend open-source, existing, publicly 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.” Can USAID please confirm that the reference to “publicly available products” refers to security training? Would USAID please confirm that a portion of the budget should reflect the potential need for the creation of new training for Offerors to fulfill this requirement?

Answer: Yes, USAID confirms that “publicly available products” refers to security training. Offerors should plan to allocate budget for costs they feel are necessary to implement the scope of work.

4. Page 14 third bullet point, C.3 Responsibilities and Activities states, “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.” Would USAID please confirm that a portion of the budget, in addition to the maximum LOE, should be included to meet this potential requirement? This may entail significant level of effort (LOE) beyond the PLSO daily activities due to the type, reliability, and extent of data requested.

Answer: No additional LOE will be allocated for this requirement. Per Section F.4.C of the RFP, the Government is not obligated to reimburse the Contractor for any actions that increase the LOE unless specifically authorized in writing by the CO.

5. Page 22, F.6 Authorized Work Week states, “No overtime or premium pay is authorized under this contract, unless authorized by the Contracting Officer or necessary to respond to Section F.7.1.3.”

Would USAID please confirm that regardless of this clause, the LOE maximum of 12,300 hours does not change?

Answer: Correct.

6. Page 20, Section F.2 Period of Performance (a) states, “The period of performance is two (2) years form date of contract award with three 12-month option periods…” Can USAID please provide the estimated award date?

Answer: The estimated award date is October 2024.

7. Page 28, Section F.9.1 Approved Key Personnel lists the Operations Manager and 2 other TBD positions. However, page 81 Section L.8. Phase Two: Instructions for the Preparation of the Phase Two

Technical Proposals states, “Offerors must propose one additional position as key personnel defined as TBD in Section F.9 in addition to the pre-defined key personnel position.” Can USAID please confirm that the Key Personnel requirement is for two total positions (i.e., the Operations Manager and one other position to be determined by the Offeror)?

Answer: USAID confirms that the Key Personnel requirement is for a total of two positions: the Operations Manager and one additional position to be determined by the Offeror. The RFP table in section F.9 was revised for clarification.

8. Page 80, Section L. 7. Phase One: Instructions for Preparation of the Phase One Proposal includes the requirements for a Cover Page. Cover Page: This must include (1) the RFP name and number, (2) the name of the Offeror, (3) the Offeror’s address, (4) Name, title, and signature of the authorized representative, (5) date of submission, and (6) the Offeror’s UEI number. The cover page should not list the names of non-major subcontractors or other resource partners. The subsequent paragraph on page 80 also states, “Phase One proposals - including any summaries, cover letters, or similar if added by the Offeror – must adhere to the page limit of 10 pages total.” Because the Cover Page is required and the information it contains is not “a summary or cover letter added by the Offeror,” it is our understanding that the Cover Page (i.e. the RFP name and number, name of the Offeror, the Offeror’s address, etc.,) is not part of the 10 page limit, which is typical for USAID proposals as the Cover Page contains only administrative information that is not evaluated per Section M. Can USAID please confirm that the required Cover Page is in addition to the 10 page limit?

Answer: The Cover Page is included in the 10 page limit. As per Section L.7 - Nothing is excluded from the page limit.

9. Page 80, Section L. 7. Phase One: Instructions for Preparation of the Phase One Proposal, states, “The Phase One Technical Proposal must be written in English and typed on standard 8 1/2” x 11” paper, single spaced, one-sided, Times New Roman point 12 font size, with each page numbered consecutively.” Would USAID please confirm that Offerors may use a font size smaller than 12 point for text boxes, tables, charts, and graphics? Would USAID also please confirm Offerors may use a font other than Times New Roman for graphics?

Answer: As per Section L.8 Offerors may use a font size smaller than point 12 for text boxes, tables, charts, and graphs, as long as the text is legible. Offerors may use a font other than Times New Roman for graphs and charts.

10. Page 88, Section M.4. Advisory Notification states, “Following completion of Phase One, each Offeror will receive an Advisory Notification.” When does USAID anticipate issuing Advisory Notifications following the submission of the Phase One proposals?

Answer: USAID anticipates issuing Advisory Notifications to all Offerors in August.

11. C3. RESPONSIBILITIES AND ACTIVITIES. “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.” Is there any more specific information on the aspects of cybersecurity and related services being considered, which are mentioned here?

Answer: Additional services may include, but not be limited to: training, cyberthreat and risk assessments, and related non-prescriptive support to IPs. Specific incident forensic or investigative engagements are not foreseen. Please see the revised scope of work.

12. C3. RESPONSIBILITIES AND ACTIVITIES, Component 1: Partner Engagement and Non-prescriptive Security Advisory. “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.” Is there any information on the likely frequency and level of this activity, such as an expected or guideline number of briefings per month or per year?

Answer: Approximately 100 expatriates require security briefings annually, which can be conducted in groups as needed.

13. C3. RESPONSIBILITIES AND ACTIVITIES, Component 2: Security Plan and Process Review. “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.”

Noting the requirement to conduct visits to higher risk locations, would USAID Ukraine / the COR provide any supporting risk mitigatory assets (e.g., armored vehicles) – and if so would there be costs associated – or would the PLSO be expected to provide any such assets?

Answer: USAID will not provide vehicles or equipment required for contract implementation. Offerors are responsible for identifying and including all necessary equipment, including vehicles, in their proposed budgets.

14. C4. RESPONSIBILITIES AND ACTIVITIES, Component 4: Other. “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.” Who, less the PLSO staff, would be required to have access to this GIS map, and on what operating system / device? Is the requirement for static viewing (effectively an image of the GIS product) or is it for a fully interactive product?

Answer: The GIS map must be accessible by the COR, IPs’ COP/Security staff, and other USAID/Embassy staff if deemed necessary. USAID currently offers access to the “PIX/MAGE” mapping platform that can be administered by the PLSO. The map can be accessed via a web browser and IOS/Android application.

In addition to marking IP offices on the map, the PLSO must reflect security incidents that are reported to USAID. PLSO staff can be provided with the training on how to use the platform (if needed).

15. C.6 LOGISTICAL INFORMATION. “The Contractor must obtain legal registration within 30 days of contract award and maintain the registration throughout the period of performance.”

How is legal registration in this context defined?

Answer: In this context, legal registration is defined as the process of registering the project to obtain tax exemption privileges, visa and temporary residence registration for expatriate staff, and accrediting the implementing partner (company/organization) to open a bank account and receive a stamp. The Contractor must initiate both the project registration and partner accreditation as early as possible and maintain these throughout the period of performance. The RFP was revised to clarify this requirement.

16. 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.” How is a “USAID prime IP in Ukraine” defined and is there a list of these organizations available for Offerors at this stage, to ensure that there are no conflicts? For example, would the Contractor be prohibited from providing security services outside of Ukraine to organizations who are a prime IP in Ukraine? Also, does this restriction only apply during the prime IP’s period of performance of the USAID funded work, or does this apply to any organization who has been a prime IP in Ukraine, regardless of period of performance?

Answer:

Definition of "USAID prime IP in Ukraine":

A "USAID prime Implementing Partner (IP) in Ukraine" refers to an organization that has been awarded a prime contract or agreement (grants and cooperative agreements) directly funded by USAID for activities in Ukraine.

Availability of List for Offerors:

The list of IPs is listed here: https://www.usaid.gov/ukraine/our-work. See each sector heading.

Note that this was last updated in April 2024.

Additionally there are two awards made after April:

Healing & Accountability Through Human Rights Activity implemented by ABA ROLI & Rehabilitation for Ukraine (Rehab4U) Activity implemented by Momentum Wheels for Humanity

Prohibition Scope:

The prohibition applies specifically to providing security services to USAID prime IPs in Ukraine during their period of performance under USAID-funded work in Ukraine. It does not extend to work outside of Ukraine.

Applicability Beyond Period of Performance:

The restriction applies during the period when the organization is a prime IP under USAID-funded work in Ukraine. Once an organization ceases to be a prime IP for USAID-funded activities in Ukraine, the restriction would no longer apply unless they subsequently become a prime IP again for USAID-funded work in Ukraine.

17. 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.” Is travel outside of Ukraine expected, to conduct coordination and communication with USAID activities in the broader Europe and Eurasia region? If so, is there an indication of frequency and typical travel duration?

Answer: The approach to this coordination should be addressed in the Contractor's technical approach, and the associated costs should be reflected appropriately in the budget proposal, as the Offeror sees fit for its own approach.

18. H.1 ADDITIONAL REQUIREMENTS FOR PERSONNEL COMPENSATION, c) Salaries during Travel.

“Salaries and wages paid while in travel status will not be reimbursed for a travel period greater than https://www.usaid.gov/ukraine/our-work the time required for travel by the most direct and expeditious air route.” Given that there is currently no air route into/out of Ukraine, is it correct to assume that this requirement will be enforced only for sections of a journey taking place outside of Ukraine?

Answer: Correct. This has been updated.

19. As stated in the RFP 'the Contractor must not actively monitor IP movements or activities in order to obtain information without the IPs consent.' Can it be clarified if monitoring of an IPs movements is a core service required of the PLSO or not?

Answer: Monitoring of IPs' movements is not required of the PLSO unless explicitly authorized or requested by the COR and IP in accordance with specific operational needs or security considerations.

20. Per the newly worded section C.3 (1) Bullet 8 and C.7, are there concerns/considerations/exclusions that may apply to contractors who currently supply existing, publicly-available certified safety and security training products? If there are no concerns, would providers be allowed to recommend their own publicly-available, certified safety and security training for implementation?

Answer: Per C.3 (1) Bullet 8 and C.7 there is a preference for utilizing already certified and publicly accessible training materials. Contractors may recommend their own publicly-available, certified safety and security training products for implementation, provided these products meet the criteria of being open-source, existing, and publicly available. The Contractor must not recommend its own products merely because they are the Contractor's products but must give impartial consideration to products that best meet the needs of the specific IP.

21. Will the contract for this project be issued from USAID/Ukraine or from the United States of America?

Answer: The contract for the USAID/Ukraine Partner Liaison Security Operation (PLSO) project will be issued by USAID/Ukraine.

22. Would USAID be able to provide more detail to their expectation of obtaining 'legal registration within 30 days of contract award'?

Answer: The expectation to seek 'legal registration promptly' typically refers to the Contractor's requirement to complete all necessary legal formalities immediately after the award is signed and key personnel are on board. These formalities include registering with relevant authorities, obtaining necessary licenses or permits, and ensuring compliance with local laws and regulations. This process ensures that the Contractor is legally recognized and authorized to operate within the jurisdiction where the project will be implemented. For specific details and requirements regarding this registration process, USAID/Ukraine would typically provide initial guidance upon award. The RFP was revised to clarify this requirement.

23. We assume the COR is currently residing and present in Ukraine. Would USAID/Ukraine be able to confirm where the COR is/will be located?

Answer: The COR will be located in Ukraine.

24. It is noted that USAID specifies that the 'work week is from Monday through Friday. A five-day work week is authorized. No overtime or premium pay is authorized under this contract', but it is also noted that a requirement of the contract is to provide a 24/7 services as 'If the Contractor becomes aware of a security incident directly affecting a USAID IP or sub-partner, the Contractor must provide immediate (within 2 hours regardless of weekend, holidays, or after-hours) concurrent notification to the COR, the CO, the IP’s cognizant COR/AOR, the PLSO COR and others only as directed by the COR such as RSO.' Would USAID be able to envisage how this out of office service would be funded if the contract is restricted to a five-day work week with no overtime?

Answer: As per Section F.6 - The standard work week is from Monday through Friday. A five day work week is authorized. No overtime or premium pay is authorized under this contract, unless authorized by the Contracting Officer or necessary to respond to Section F.7.1.3, which covers the security incidents situations. A six-day or alternative work week schedule may be authorized on a case-by-case basis by the COR and the CO respectively with no premium pay.

25. In section C3 it states: At the general and specific direction of the COR, the Contractor must meet with, and provide informational briefings to newly arrived international staff of USAID IPs tailored to suit the IPs organizational approach and area of operations. At the request of individual IPs, briefings may also include non-prescriptive personal security advice. All briefings must provide a balanced perspective on the realities of operating in Ukraine. Briefings must contain up-to-date security information, including the political, security sector, and economic status, in addition to standard security information .

Question: Are all of these briefings and other IP training mentioned later in C3 required to be in person in Ukraine or can they be virtual for topics that are generally acceptable to be conducted online? For all other trainings not authorized to be conducted virtually or that require "hands on “instruction, will IP training be conducted in Kyiv region or some other designated training area in Ukraine? Is there an estimated annual amount of these briefings required?

Answer: While there is no strict in-person requirement, the Offeror should propose the method(s) it feels will best implement the scope of work.

Question: RFP states no active monitoring of IP movements is required. If an IP requests such monitoring will that be required?

Answer: As per the RFP, no active monitoring of IP movements is required unless specifically requested by the IP and authorized by the Contracting Officer's Representative (COR) based on operational or security needs.

26. Relating to C5 Travel (pg.15) Question: In order to effectively estimate travel costs, is there are estimated number of trips to IP & USAID program sites throughout Ukraine?

Answer: Offerors are responsible for proposing their approach in terms of the travel plans to effectively fulfill the requirements outlined in the Statement of Work (SOW) of the RFP.

27. Relating to Section F7 Reports and Deliverables:

Question: Are there USAID approved templates for all required reports that can be provided to the contractor?

Answer: USAID will provide templates for all required reports that are subject to agreement with the Contracting Officer's Representative (COR).

Question: The time reporting requirement stated in the RFP (Paragraph 3 of this section) for security incidents, indicates a requirement for 24x7x365 staffing at some level to meet 2 hour reporting requirement. Is that an accurate interpretation of that reporting requirement?

No, there is no specific 24x7x365 staffing requirement. However, the Contractor must be able to meet the noted responsiveness requirement.

28. Relating To Section 4.3 Security (page 34) Question: SIRs are required to be reported within 4 hours of incident (which appears to conflict with above referenced 2 hour requirement found in section F.7.1). Is there an expectation for the Contractor to support 24x7x365 operations to meet either the 2 or 4 hour reporting requirements?

Answer: Thank you for the observation. H.3 is the categorization of incidents against USAID/Ukraine IPs and their reporting requirements to PLSO (Other USAID IPs have this same language in their awards). But F.7 contains the requirements for PLSO to report to USAID when they have received a report and this is language specific to PLSO. Even though “PLSO” and “IP” are one and the same in this RFP, H.3 applies to incidents that happen to the Contractor and F.7 concerns incidents reported to the Contractor by other IPs.

29. Relating to Section H1, subsection e:

Question: Due to requirements for training SMEs and other specialists as occasionally required to fulfill contract requirements, is a bidders established GSA rates for various consultant labor categories under a current MRAS contract acceptable?

Answer: Yes, however, the rates must be within the limits established in Section L.9, Part 3 (1), para 3 of the RFP and will be evaluated per Section M. Note that this is not a GSA-based prime contract but CPFF-term and Offerors must be able to provide sufficient cost transparency.

Question: Will offeror be able to utilize support personnel located outside of Ukraine at established GSA contract rates for positions requiring occasional work on the project to include, finance, HR, logistics and project controls, Program Manager etc.?

Answer: Yes, offerors may propose support personnel located outside of Ukraine. Note that this is not a GSA-based prime contract but CPFF-term and Offerors must be able to provide sufficient cost transparency. USAID cannot specifically state if GSA rates are acceptable in this case. Also, the place of performance is Ukraine and substantial Contractor staff presence outside of Ukraine may increase the risk to USAID and/or negatively impact the evaluation of the Offeror’s proposal.

30. Section L.7, Factor 1: The revised RFP limits examples of experience to those “within the three years preceding the release date of the RFP”. Would USAID/Ukraine consider extending this to five years to ensure offerors can provide examples relevant to the unique context of Ukraine?

Answer: No.

31. Section H.12, Preclusion from Competing for Future Activities: Could USAID please clarify whether the preclusion from competing for future USAID/Ukraine activities applies to subcontractors in the same way it applies to the prime contractor, and under what conditions might a waiver be granted?

Answer: This preclusion does not automatically flow down to subcontractors, and the specific work subcontractors perform will be analyzed for OCIs at that time. OCI determinations are very fact-based and thus no additional information can be provided regarding subcontractors.

REVISED RFP 72012124R00010 Amendment 4

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 13, 2024 Amendment 4 June 27, 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 https://sam.gov/ registration is required before Phase Two proposal submission.

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

PART I – THE SCHEDULE

Section A SF 33

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. Additional services may include, but not be limited to: training, cyberthreat and risk assessments, and related non-prescriptive support to IPs. Specific incident forensic or investigative engagements are not foreseen.

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 Defense 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 publicly 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, publicly 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.