720165-18-Q-00005_-_CSYA.pdf

SEE ADDENDUMIS CHECKED

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OFFEROR

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14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

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INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIME

11/05/2018 1400 B

b. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION 5. SOLICITATION NUMBER

72016518Q00005

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

2 47OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

00000 Macedonia Skopje Samoilova 21

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USAID/Macedonia

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

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24.

AMOUNT

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SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Cross-Sectoral Youth Assessment (CSYA)

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

Regional Contracting Office (RCO) USAID/Kosovo Ismail Qemali (Arberia), House No, 1 10000 Pristina, Kosovo

SOL_720165-18-Q-00005

SECTION B – SERVICES AND PRICE/COSTS

B.1 PURPOSE

USAID Macedonia seeks services of a contractor to conduct a Cross-Sectoral Youth Assessment (CSYA) that will include programmatic recommendations. The analysis must also provide recommendations for USAID/Macedonia’s programming to identify 1) priority challenges for the youth in Macedonia, 2) the reasons behind the growing out-migration of both the well-educated and uneducated youth, and 3) opportunities that would lead to youth staying in the country and fully participating in its economic and democratic development, particularly at the local level.

B.2 CONTRACT TYPE

The contract type is firm fixed price purchase order.

B.3 CONTRACT PRICE

The firm fixed price of the contract is TBD.

[End of Section B]

SECTION C – DESCRIPTION / SPECIFICATIONS / STATEMENT OF WORK

STATEMENT OF WORK

CROSS-SECTORAL YOUTH ASSESSMENT

C.1 INTRODUCTION

The United States Agency for International Development in Macedonia (USAID/Macedonia) requires a Contractor to conduct a Cross-Sectoral Youth Assessment (CSYA) that will include programmatic recommendations. In addition, the analysis must provide recommendations for USAID/Macedonia programming, both stand-alone activities and cross-sectoral interventions. The CSYA will inform both the forthcoming Country Development and Cooperation Strategy (CDCS) (2020-2025) and programming under USAID/Macedonia’s Local Works program.

C.2 OBJECTIVES

The objectives of the CSYA are to identify 1) priority challenges for the youth in Macedonia, 2) the reasons behind the growing out-migration of both the well-educated and uneducated youth, and 3) opportunities that would lead to youth staying in the country and fully participating in its economic and democratic development, particularly at the local level.

C.3 STATEMENT OF WORK

General Assessment Requirements

The Contractor must conduct a methodologically sound assessment, compliant with USAID Youth Policy and guidance on evaluations and assessments in general, the assessment team must draw upon relevant assessment tools developed for Positive Youth Development programming, including the Youth Compass (YouthPower Action). The CSYA must address the following research areas and answer the following illustrative questions1

Education for life/Employment:

• How does youth think their education and skills acquired has prepared them for life?

• What limits youth from finding quality employment opportunities in Macedonia? What do employers think about entrants’ skills and knowledge?

• How does youth feel about self-employment and entrepreneurship? What is stopping/promoting such engagement?

• What does employed youth think about their jobs, salaries and the overall job satisfaction? What are the jobs that youth can easily get?

• Are there disparities/inequalities in education/employment opportunities (gender, ethnic, urban/rural)?

Civic skills/participation/aspirations:

1 A more detailed list of Illustrative Secondary-Level Research Questions is provided at the end of the document as an Annex to the SoW.

• What are the general life goals/aspirations of youth? What is blocking their achievement?

• How is the youth exercising citizenship? Where do they learn civic skills? What challenges and opportunities does youth experience in their civic engagement?

• Does youth feel included in public decision-processes, at the national and local levels?

• What is the level of the social responsibility among youth? What does youth think about volunteering/community service? What would motivate youth to be become more involved in community or public activities for the benefit of their communities?

Social Cohesion:

• How does youth see the overall social cohesion in Macedonia? What is the origin of the biggest divisions among youth (ethnic, political, socio-economic, cultural, religious, gender, abilities, etc.)?

• What does youth think would work for improving the social cohesion? Do youth see a role for themselves in bridging the divisions? Where/how?

Windows of opportunity seen by the youth:

• What is working well to support youth in Macedonia and enable them to reach their potential?

• What enables/empowers the youth to participate, engage, and raise voice?

• What would motivate youth to stay in Macedonia? What would motivate youth to stay in their local community?

While most of the guiding questions are directed to youth opinions, it is expected that the accessors will solicit opinions from diverse stakeholders.

The Contractor must conduct the assessment in three phases utilizing the following parameters in the assessment methodology:

• The CSYA must present data on the overall status of the youth in Macedonia (general demographics, education levels, employment, civic participation, etc.).

• The CSYA must be carried out country-wide. The recommendations must take into consideration different regions’ and target groups’ specificities, including more deprived youth groups and parts of Macedonia.

• The assessment must follow the USAID definition of youth (10-29), with a particular focus on opinions of diverse (in terms of gender, ethnicity, rural-urban, education background, vulnerable groups) youth of 15-29.

• The assessment must employ youth-centered methodologies, i.e. the assessment must actively engage youth as protagonists throughout the research design, data-gathering, and analysis. It is imperative that the youth that are consulted as part of this assessment are diverse, with the majority coming from different parts of the country and including the ‘non-elite youth.’

• Peer youth group discussions must be the core approach for primary data collection and participatory assessment.

• Primary data collection through group discussions must be complemented and expanded using semi-structured interviews with key informants. Interviewees must include some or all of the following: youth-focused organizations, service providers, educators, parents, businesses/employers, government officials, and donors.

• Findings and recommendations must identify short- and mid-term priorities and ways to strengthen integration of youth development promising practices into current and future programming.

• The programmatic recommendations must be youth-focused, i.e., envision youth not only as project beneficiaries, but more as agents of change and direct partners.

• USAID will be closely involved with the assessment and considered part of the extended team. In addition to reviewing and approving assessment deliverables, USAID may also guide the strategic focus of the assessment and, if needed, interact with relevant stakeholders, the donor community, and the Government of Macedonia.

Phase 1 – Desk Review and Report:

The Contractor must first complete a desk review to establish an understanding of the youth sector in Macedonia, as well as USAID and other donor programming in these areas. The review must, to the extent possible, be used to identify what is already known related to the assessment questions, and what needs to be verified and/or discovered through field work in Phase 2. The Contractor must produce a Desk Review Report that must be incorporated in the final assessment report appropriately.

The Desk Review Report must not exceed 10 pages, while the appendices (e.g. methodology, bibliography, glossary, etc.) may include additional information that will not be included in the page count.

Phase 2 – Field Work:

During Phase 2, the Contractor must conduct an in-brief with USAID/Macedonia to discuss the draft work plan. USAID/Macedonia will provide comments within 2 business days after the in-brief and the Contractor must address all comments and submit final version within two business days after receipt of USAID/Macedonia’s comments. Any data collection as called for in the final work plan must include a variety of stakeholders, including not only youth and diverse youth groups, but also other relevant stakeholders, such as central and local government, international organizations/donors, NGOs/think-tanks, schools, businesses, journalists. USAID can assist where it is appropriate with regard to contacts for conducting fieldwork, though all logistical support is the responsibility of the Contractor. The contractor must collect data from geographic areas that represent Macedonia’s urban, rural, and ethnic diversity.

At the start of Phase 2, the Contractor must pilot data collection instruments. The Contractor must also further identify stakeholders for expanded rounds of interviews, and amend/expand draft questionnaires to include interests of the wider stakeholder community as these are identified in the course of the field work.

Field work must follow and address the requirements and questions in stated C.3 General Assessment Requirements and applicable annexes.

Based on findings and conclusions, the Contractor must provide programmatic recommendations to USAID, which must be included in the Final Report, addressing:

1. Recommendations on how USAID can strategically focus on youth programing to support its Development Objective/s; and

2. Recommendations for adjustments to the current portfolio and for mid- and longer-term youth programing.

At the completion of the field work, the Contractor must hold a final briefing and presentation for

USAID.

Phase 3 - Reporting:

The Contractor must prepare the first draft report to be presented at the final briefing with USAID/Macedonia. USAID/Macedonia will provide comments within 10 business days of the final briefing and the Contractor must provide a second draft of the report that addresses USAID/Macedonia comments within 5 business days after receipt of USAID/Macedonia’s comments. USAID will review the revised draft and send additional comments and questions within five business days. The contractor must submit the final report within 3 business days.

C.4 DELIVERABLES

Draft and Final Desk Review Report: A desk review report must be submitted no later than 10 business days after contract award. The Desk Review Report, containing the information contained in C.3 phase 1, must not exceed 10 pages, while the appendices (e.g. methodology, bibliography, glossary, etc.) may include additional information that will not be included in the page count.

USAID/Macedonia will review the draft and provide comments within 5 business days. The Contractor must address all comments and submit the final version within 3 business days after receipt of USAID/Macedonia’s comments.

In-brief: Within 25 business days after contract award, the assessment team will have an in-brief with the COR and expanded USAID team for introductions and to discuss the team’s understanding of the assignment, initial assumptions, assessment questions, methodology, and work plan.

Final Work Plan: At the in-brief, USAID will provide feedback on the draft work plan submitted as part of the proposal. A final work plan is due within 2 business days after the in-brief. The final work plan must contain the same elements and parts as the draft work plan.

Final Presentation: After the end of the field work, the assessment team will have a final presentation for USAID/Macedonia to discuss preliminary findings, conclusions, and recommendations. This presentation and format will be scheduled as agreed upon during the initial in-brief.

Draft Assessment Report: The draft assessment report must be consistent with the guidance provided below in “Reporting Guidelines.” The report must answer the questions identified in the SOW and any other issues the team considers to have a bearing on the objectives of the assessment. Any such issues can be included in the report only after consultation with USAID. The submission date for the draft assessment report will be 10 business days after the final presentation. Once the draft assessment report is submitted, USAID/Macedonia will have 7 business days to review and comment on the initial draft. The assessment team will submit a revised final draft report within 5 business days. USAID will review the revised version and send comments within 3 business days.

Final Assessment Report: The assessment team must submit the final assessment report within 3 business days after receiving USAID’s second round of comments on the draft report.

Reporting Guidelines

The Final Report will be submitted to the COR in electronic format. The Final Report must not be more than 30 pages (excluding annexes), must follow the format below, and must be prepared in English and follow USAID branding procedures. The final report shall take into consideration comments and clarifications received from any and all debriefings.

All quantitative data collected by the assessment team must be provided in an electronic file in machine-readable, non-proprietary formats as required by USAID’s Open Data policy (see ADS 579). The data must be organized and fully documented for use by those not fully familiar with the project or the assessment. USAID will retain ownership of the survey and all datasets developed. In accordance with AIDAR 752.7005, USAID/Macedonia may make the final assessment reports publicly available through the Development Experience Clearinghouse within 30 calendar days of final approval of the formatted report.

While the Assessment Team may include sections and information that add to the value and utility of the report, the minimum required format for the assessment report is as follows:

1. Title Page – see USAID Branding and Marking Guidelines (http://www.usaid.gov/branding/) for logo and other specifics

2. Table of Contents – list all the sections that follow, including Annexes. List (with page numbers) all figures, tables, boxes, and other titled graphics.

3. Acronyms and Abbreviations – Include only those acronyms that are actually used in the report.

4. Executive Summary – serves as a standalone abbreviated version of the entire report and summarize the purpose, background of project being evaluated, main assessment questions, methods, and, most importantly, the findings, conclusions, and recommendations and lessons learned (if applicable). (3-5 pages).

5. Introduction – (3-5 pages)

a. Description of the Project – Describe the context in which the assessment took place, specific development problem addressed, USAID project strategy and activities.

b. Assessment Purpose and Methodology – Describe the purpose of the assessment and its intended use; describe assessment methodology in detail, including limitations with the assessment methodology, as well as other constraints and gaps; provide specific assessment questions addressed. (Note: this section can refer to an Annex that would provide fuller details).

6. Findings/Conclusions/Recommendations- Although this section may be organized in different ways and divided into several chapters, the report must clearly differentiate between Findings, Conclusions, and Recommendations, and must be organized in such a way that it is clear which assessment questions are being addressed (20-30 pages).

http://www.usaid.gov/sites/default/files/documents/1868/aidar_0.pdf http://ww.usaid.gov/branding/

7. Lessons Learned – Identify lessons learned and/or best practices.

8. Annexes - The appendices to the report shall include at a minimum:

● The Assessment Statement of Work;

● Assessment Design and Methodology – Provide a more complete description of the assessment questions, design, and methods used. Also includes copies of data collection instruments, such as questionnaires, checklists, discussion/interview guides, survey instruments, etc., and describes the sampling and analysis procedures that were used.

● Dissenting Views – (If applicable) any “statements of differences” regarding significant unresolved differences of opinion by funders, implementers, and/or members of the Assessment Team;

● Disclosure of conflict of interest forms for all assessment team members, either attesting to a lack of conflicts of interest or describing existing conflicts of.

● List of Persons Interviewed

● List of Documents Reviewed – Sources of information, properly identified and lists. Includes written and electronic documents reviewed, background literature, secondary data sources, citations of websites consulted

C.4.1 CONSOLIDATED DELIVERABLES TIMETABLE

DELIVERABLES & TIMELINE

1 Draft Desk Review Report 10 business days after contract award 2 Final Desk Review Report 18 business days after contract award 3 In-brief 25 business days after contract award 4 Final Work Plan 27 business days after contract award

5 Final Presentation At the end of the field work (Phase 2), to be finalized subject to contractor’s final work plan

6 Draft Assessment Report 10 business days after the Final Presentation

7 Final Assessment Report 18 business days after receipt of the draft assessment report

[End of Section C] http://usaidlearninglab.org/library/sample-disclosure-conflict-interest-form

SECTION D – PACKAGING AND MARKING

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 must 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 must be retained by the Contractor.

[End of Section D]

SECTION E – INSPECTION AND ACCEPTANCE

E.1 INSPECTION AND ACCEPTANCE

USAID inspection and acceptance of services, reports and other required deliverables or outputs shall take place at principal place of performance or at any other location where the services are performed and reports and deliverables or outputs are produced or submitted. Unless otherwise stated, the designated COR has been delegated authority to inspect and accept all services, reports and required deliverables or outputs.

[End of Section E]

SECTION F – DELIVERIES OR PERFORMANCE

F.1 PERIOD OF PERFORMANCE

The period of performance for this contract is 120 [or TBD as offered by successful offerors] calendar days from date of contract award.

F.2 PLACE OF PERFORMANCE

The place of performance under this contract is Macedonia.

F.3 KEY PERSONNEL

The contractor must provide the following personnel:

Team Leader (senior international M&E expert): must have at least 10 years’ experience in assessments and research methodologies and must be an expert on youth issues. Regional experience preferred (similar context/settings).

Technical Specialist (international): must have at least 5 years of experience in evaluations and assessments, specifically on youth issues. Regional experience preferred (similar context/settings).

Technical Specialist (local): must be familiar with youth issues and local context. Background in evaluations and assessments is desired.

[End of Section F]

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 CONTRACTING OFFICER’S AUTHORITY

The Contracting Officer is the only person authorized to make or approve any changes in the requirements of this contract and notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment must be made in the contract terms and conditions, including cost/price.

All questions concerning the administration of this award must be sent to the Contracting Officer. It is the responsibility of the Contractor to inform the Contracting Officer of requests that affect any and all sections of this award. The Contracting Officer is located at:

Regional Contracting Office (RCO) USAID/Kosovo Ismail Qemali (Arberia), House No, 1 10000 Pristina, Kosovo

G.2 INVOICES AND PAYMENT

The contractor is eligible to invoice in accordance with the following payment schedule:

NOTE: The successful offeror will be asked to propose a payment schedule that will be negotiated with USAID prior to award. USAID will not make advance payments.

Deliverable Amount

Payment will be made in $US currency.

The VAT must be included and shown separately on the invoice. In addition to the US$ amount the invoice(s) must also display the Macedonian Denar amount(s) and the exchange rate used.

G.3 PAYING OFFICE

The completed and signed SF-1034 “Voucher for Services for Other Than Personal” and relevant invoices and other documentation must be submitted electronically in pdf format to email address:

AccountsPayableSarajevo@usaid.gov

Applicable to Macedonian organizations which are VAT payers: The original invoices along with the original form 743 (Образец 743 – извештај за наплата од странство), must be submitted to USAID mailto:AccountsPayableSarajevo@usaid.gov for reimbursement of VAT through the Public Revenue Office. After completion of VAT reimbursement USAID shall return the original form 743 to the contractor.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 DBA INSURANCE

Pursuant to AIDAR 752.228-3 Worker’s Compensation Insurance (Defense Base Act), USAID’s DBA insurance carrier is: Allied World Assurance Company (AWAC) under USAID contract number AID-OAA-C-16-00015.

A. RATES

Contract Year

Period of Performance Services Construction Security

Base Period 12/1/15 - 11/30/17 $2.00 $4.50 $7.50

Option 1 12/1/17 - 11/30/18 $2.00 $4.50 $7.50/$10.00/$12.50 (see Notes)

Option 2 12/1/18 - 11/30/19 $2.00 $4.50 $7.50/$10.00/$12.50 (see Notes)

Option 3 12/1/19 - 11/30/20 $2.00 $4.50 $7.50/$10.00/$12.50 (see Notes)

Notes:

For Option Periods 1, 2 and 3, the percentage of USAID security payroll would be measured as of the last day of the preceding period (i.e. the base period or the immediately preceding option period), which is referred to as the “measurement date”.

1) If at the measurement date, the percentage of USAID security payroll remains between 0-

10.0% of total payroll, the security rate in the next option period will be $7.50/$100 employee remuneration.

2) If at the measurement date, the percentage of USAID security payroll is above 10.0% to 25.0% of total payroll, the security rate in the next option period will be $10.00/$100 employee remuneration.

3) If at the measurement date, the percentage of USAID security payroll exceeds 25.0% of total payroll, the security rate in the next option period will be $12.50/$100 employee remuneration.

4) Employee salary does not include overseas recruitment incentives, post differential, per diem, housing allowance, travel expenses, temporary quarters allowance, education allowance, and other miscellaneous post allowances. USAID limits the maximum compensation rate applicable to claimants to 200 percent of the current national average weekly wage (NAWW) as calculated by the Secretary of Labor. The current NAWW can be found at http://www.dol.gov/owcp/dlhwc/nawwinfo.htm.

5) The new rate structure aligns DBA rates to the likelihood that specific types of contracts will incur different frequency of DBA payouts and of differing dollar amounts. Those having greater risk pay greater premiums. Those with anticipated lower risk pay lesser premiums. The concept is to associate specific costs to a contract predicated upon the potential DBA risks under the same contract. The risk is predicated on the nature and inherent danger of certain categories of contracts (and performance under those awards).

http://www.dol.gov/owcp/dlhwc/nawwinfo.htm

6) For contracts that include Aviation, ground crews shall be categorized as Construction, and flight crew shall be categorized as Security.

Upon the Option Year being exercised, the contractor must confirm in writing, the security payroll percentage as of the measurement date of the preceding period of performance to the CO.

B. OBTAINING DBA COVERAGE

Contractors must apply for coverage directly to AON Risk Insurance Services Inc., the agent for AWAC DBA Insurance. For instructions on the required application form and submission requirements, contact the following office:

AON Risk Insurance Services West, Inc.

2033 N. Main St., Suite 760 Walnut Creek, CA 94596-3722 Hours: 8:30 A.M. to 5:00 PM, Pacific Time Primary Contact: Fred Robinson Phone: (925) 951-1856 Fax: (925) 951-1890 Email: Fred.Robinson@aon.com

C. NOTICE OF EXCLUSION OF MEDICAL EVACUATION COVERAGE

Pursuant to AIDAR 752.228-70, medical evacuation insurance is a separate insurance requirement for overseas performance of USAID contracts; the Defense Base Act insurance does not provide coverage for medical evacuation.

D. WAIVERS FOR THIRD COUNTRY AND LOCAL NATIONALS

The list of countries with active DBA waivers is available at http://www.dol.gov/owcp/dlhwc/dbawaivers/dbawaivers.htm. In accordance with ADS 302, Missions may obtain a country-based waiver by sending a request to M/OAA Evaluation Division at dbawaiverrequests@usaid.gov.

[End of Section H] mailto:Fred.Robinson@aon.com

SECTION I – CONTRACT CLAUSES

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov

NUMBER TITLE DATE

FAR (48 CFR Chapter 1)

52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL

ITEMS (JAN 2017)

52.228-3 WORKER’S COMPENSATION INSURANCE (Defense Base Act) (JUL 2014)

52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

52.232-1 PAYMENTS (APR 1984)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER – SYSTEM

FOR AWARDS MANAGEMENT (JUL 2013)

52.233-1 DISPUTES (MAY 2014)

AIDAR (48 CFR Chapter 7)

752.202-1 DEFINITIONS (JAN 1990)

ALTERNATE 72 (JUN 2009)

752.209-71 ORGANIZATIONAL CONFLICT OF INTEREST DISCOVERED,

CONFLICT OF INTEREST DISCOVERED AFTER AWARD (JUN 1993)

752.211-70 LANGUAGE AND MEASUREMENT (JUN 1992)

752.222-70 USAID DISABILITY POLICY (DEC 2004)

752.222-71 NONDISCRIMINATION (JUN 2012)

752.228-3 WORKER’S COMPENSATION INSURANCE (Defense Base Act) (DEC 1991)

752.7005 SUBMISSION REQUIREMENTS FOR DEVELOPMENT

EXPERIENCE DOCUMENTS (SEP 2013)

752.7006 NOTICES (APR 1984)

752.7013 CONTRACTOR - MISSION RELATIONSHIPS (JUL 2018)

752.7025 APPROVALS (APR 1984)

752.7027 PERSONNEL (DEC 1990)

752.7038 NONDISCRIMINATION AGAINST END-USERS OF SUPPLIES

OR SERVICES (OCT 2016)

I.2 FAR CLAUSES INCORPORATED IN FULL TEXT

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (JAN 2017)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

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

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(3) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(4) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108- 78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

_X_ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.

657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C.

657a).

__ (ii) Alternate I (Jan 2011) of 52.219-4.

__ (13) [Reserved] __ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

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__ (iv) Alternate III (Nov 2016) of 52.219-9.

__ (v) Alternate IV (Nov 2016) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O.

13126).

__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__ (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

__ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

__ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.

13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

__ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).

__ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

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__ (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

__ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

__ (ii) Alternate I (JAN 2017) of 52.224-3.

__ (48) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

__ (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.

4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

__ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (57) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (58) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(12)).

__ (62)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

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