72026719R00002.pdf

72026719R00002

SOLICITATION, OFFER AND AWARD

4. TYPE OF SOLICITATION2. CONTRACT NUMBER 3. SOLICITATION NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)

ORDER UNDER DPAS (15 CFR 700)

6. REQUISITION/PURCHASE NUMBER

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

NEGOTIATED (RFP)

SEALED BID (IFB)

5. DATE ISSUED

1. THIS CONTRACT IS A RATED RATING PAGE OF PAGES

1 83

C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

10. FOR

INFORMATION

CALL:

CAUTION: LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

(Date)(Hour) local timeuntildepository located in copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the

SOLICITATION

9. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTRS., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

I

J

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICES/COSTS

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

H

G

F

E

D

C

B

A

SEC. DESCRIPTION PAGE(S) (X) DESCRIPTION SEC. (X)

11. TABLE OF CONTENTS

18. OFFER DATE17. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

15C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

15B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER15A. NAME

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

14. ACKNOWLEDGEMENT OF AMENDMENTS

CALENDAR DAYS (%)30 CALENDAR DAYS (%)20 CALENDAR DAYS (%)10 CALENDAR DAYS (%)

(See Section I, Clause No. 52.232.8)

13. DISCOUNT FOR PROMPT PAYMENT

designated point(s), within the time specified in the schedule.

by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

28. AWARD DATE

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

CODE 24. ADMINISTERED BY (If other than Item 7)

ITEM

(4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

41 U.S.C. 253 (c) ( 10 U.S.C. 2304 (c) (

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

21. ACCOUNTING AND APPROPRIATION20. AMOUNT19. ACCEPTED AS TO ITEMS NUMBERED

AWARD (To be completed by government)

CODE

04/10/2019 X

720267

USAID/Iraq Box 47, Unit 2047

APO, AE 09870-2047

09870-2047

See Section L.

0200 ET 05/08/2019

X

X

X

X

X

X

X

X

X

X

X

X

X

PAGE(S)

Ronald (Clark) Pearson

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

5-8

10-11 13-17 18-21 22-36

37-49

51-63

64-79

80-83

12. In compliance with the above, the undersigned agrees, if this offer is accepted within _____180_________ calendar days (60 calendar days unless a different period is inserted

RFP No.: 72026719R00002

PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PURPOSE

B.2 CONTRACT TYPE

B.3 MINIMUM OBLIGATED AMOUNT

B.4 MAXIMUM CONTRACT CEILING

B.5 FIXED FEE CEILING (COST-PLUS- FIXED-FEE TASK ORDERS ONLY)

B.6 INDIRECT COSTS AND ADVANCED UNDERSTANDING ON CEILINGS

B.7 COST REIMBURSABLE (CPFF)

B.8 UNBURDENED CEILING DAILY LABOR RATES (CDR)

SECTION C – PERFORMANCE WORK STATEMENT

SECTION D – PACKAGING AND MARKING

D.1 AIDAR 752.7009 MARKING (JAN 1993)

D.2 BRANDING AND MARKING POLICY

D.3 BRANDING

D.4 APPROVAL OF BRANDING IMPLEMENTATION AND MARKING PLAN

SECTION E – INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

E.2 INSPECTION AND ACCEPTANCE

SECTION F – DELIVERIES OF PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

F.2 PERIOD OF PERFORMANCE

F.3 PLACE OF PERFORMANCE

F.4 AUTHORIZED WORK DAY / WEEK

F.5 TASK ORDER ORDERING PROCEDURES AND ADMINISTRATION

F.6 PERFORMANCE STANDARDS

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 CONTRACTING OFFICER'S AUTHORITY

G.2 ADMINISTRATIVE CONTRACTING OFFICE

G.3 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

G.4 AIDAR 752.7003 DOCUMENTATION FOR PAYMENT (NOV 1998) (CPFF)

G.5 TECHNICAL DIRECTIONS/RELATIONSHIP WITH USAID

G.6 PAYING OFFICE

G.7 ACCOUNTING AND APPROPRIATION DATA

G.8 CONTRACTOR’S PRIMARY POINT OF CONTACT

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 INSURANCE AND SERVICES

H.2 AUTHORIZED GEOGRAPHIC CODE

H.3 AMMONIUM NITRATE AND CALCIUM AMMONIUM NITRATE RESTRICTION

(SEPTEMBER 2011)

H.4 LANGUAGE REQUIREMENTS

H.5 NONEXPENDABLE PROPERTY PURCHASES AND INFORMATION TECHNOLOGY

RESOURCES

Page: 3

H.6 FOREIGN GOVERNMENT DELEGATIONS TO INTERNATIONAL CONFERENCES

H.7 USAID DISABILITY POLICY - ACQUISITION (DECEMBER 2004)

H.8 USAID-FINANCED THIRD-PARTY WEB SITES (NOVEMBER 2017)

H.9 302.3.5.22 SUBMISSION OF DATASETS TO THE DEVELOPMENT DATA LIBRARY (DDL)

(OCTOBER 2014)

H.10 ELECTRONIC PAYMENTS SYSTEM

H.11 COMPLIANCE WITH SECTION 508 OF THE REHABILITATION ACT OF 1973, AS AMENDED ... 27

H.12 RECORDS RETENTION REQUIREMENTS

H.13 APPLICATION OF IRAQ SERVICE RECOGNITION PACKAGE

H.14 DIRECT EMPLOYEE VERSUS SUBCONTRACTOR

H.15 STANDARDS OF CONDUCT -- IMPROPER BUSINESS PRACTICES

H.16 GENDER CONSIDERATION

H.17 ENVIRONMENTAL COMPLIANCE

H.18 EXECUTIVE ORDER ON TERRORISM FINANCING

H.19 PROHIBITION OF ASSISTANCE TO DRUG TRAFFICKERS

H.20 LIFE SUPPORT AND SECURITY SERVICES

H.21 SPECIAL IRAQ CLAUSE FOR DEPARTMENT OF DEFENSE (DOD) COMMON ACCESS CARD

(CAC) (SEPTEMBER 2007)

H.22 USE OF SYNCHRONIZED PREDEPLOYMENT AND OPERATIONAL TRACKER (SPOT)

FOR CONTRACTORS SUPPORTING A DIPLOMATIC OR CONSULAR MISSION

OUTSIDE THE UNITED STATES (SUPPLEMENT TO FAR 52.225-19)

H.23 SERIOUS INCIDENT REPORTING REQUIREMENTS

H.24 AIDAR 752.204-71 PARTNER VETTING (FEB 2012)

H.25 SUPPLEMENTAL VETTING REQUIREMENTS

H.26 ADDITIONAL DUE DILIGENCE REQUIREMENTS OF SUBAWARDEES

H.27 GRANTS UNDER CONTRACTS (GUC)

H.28 RESTRICTION ON CONSTRUCTION

H.29 AUDITS OF SUBAWARDS WITH NON-U.S. ORGANIZATIONS

PART II – CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

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

I.2 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

I.3 52.203-19 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN

I.4 52.222-50 COMBATING TRAFFICKING IN PERSONS (MAR 2015) ALT 1. (MAR 2015)

I.5 52.244-2 SUBCONTRACTS (OCT 2010) ALT I. (JUNE 2007)

I.6 AIDAR 752.204-72 ACCESS TO USAID FACILITIES AND USAID'S INFORMATION

SYSTEMS (MAY 2016) (DEVIATION NO. M/OAA-DEV-AIDAR-16-2C)

I.7 52.216-18 ORDERING (OCT 1995)

I.8 52.216-19 ORDERING LIMITATIONS (OCT 1995)

I.9 52.216-22 INDEFINITE QUANTITY (OCT 1995)

I.10 AIDAR 752.7101 VOLUNTARY POPULATION PLANNING ACTIVITIES (JUNE 2008)

I.11 REPORTING OF FOREIGN TAXES (JULY 2007)

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHEMENTS

SECTION J - LIST OF ATTACHMENTS

Page: 4

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS

K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

K.2 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018)

K.3 OWNERSHIP OF CONTROL OF OFFEROR (JUL 2016)

K.4 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS-REPRESENTATION (NOV 2015)

K.5 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

K.6 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

K.7 FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT

TAX LIABILITY OR A FELONY CRIMINAL CONVICTION UNDER ANY FEDERAL

LAW (FEB 2016)

K.8 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)

K.9 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)

K.10 52.222-52 EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT ACT TO

CONTRACTS FOR CERTAIN SERVICES – CERTIFICATION (MAY 2014)

K.11 52.222-56 CERTIFICATION REGARDING TRAFFICKING IN PERSONS COMPLIANCE

PLAN (MAR 2015)

K.12 52.230-1 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION (OCT 2015)

K.13 52.230-7 PROPOSAL DISCLOSURE—COST ACCOUNTING PRACTICE CHANGES

(APR 2005)

K.14 INSURANCE - IMMUNITY FROM TORT LIABILITY

K.15 SIGNATURE

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

L.2 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

L.3 52.216-1 TYPE OF CONTRACT (APR 1984)

L.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

L.5 GENERAL INSTRUCTIONS TO OFFERORS

L.6 PROPOSAL SUBMISSION

L.7 INSTRUCTIONS FOR THE PREPARATION OF THE TECHNICAL PROPOSAL

L.8 INSTRUCTIONS FOR THE PREPARATION OF THE COST PROPOSAL

L.9 INSTRUCTIONS FOR THE PREPARATION OF BRANDING AND MARKING PLANS

L.10 INSTRUCTIONS FOR THE SUBMISSION OF REQUIRED VETTING INFORMATION

SECTION M - EVALUATION FACTORS FOR AWARD

M.1 GENERAL AND SOURCE SELECTION INFORMATION

M.2 EVALUATION CRITERIA

M.3 COST PROPOSAL EVALUATION

M.4 DETERMINATION OF A COMPETITIVE RANGE

M.5 SOURCE SELECTION

Page: 5

PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PURPOSE

The purpose of this contract is to obtain services as described in the Performance Work Statement in Section C to fulfill the Statement of Objectives.

The Task Order Contracting Officer(s) (TOCOs) will order services through the issuance of task orders during the ordering period as specified in Section F of the contract.

B.2 CONTRACT TYPE

This is an Indefinite Delivery, Indefinite Quantity (IDIQ) type contract. The Government will issue task orders that are either Cost-Plus-Fixed-Fee (CPFF) (term or completion) or Fixed- Priced type. The contractor will furnish the services set forth in task orders at terms consistent with the terms specified in this contract.

B.3 MINIMUM OBLIGATED AMOUNT

The basic contract includes an initial obligation of funds in the amount of TBD to cover the minimum order guarantee USAID is required to order and the Contractor is required to furnish the minimum order amount of services.

Following this initial obligation, individual task orders will obligate funds to cover the work required under that task order.

B.4 MAXIMUM CONTRACT CEILING

This is a single award IDIQ Contract with an overall ceiling price of $125,000,000. The maximum aggregate dollar value of task orders must not exceed the Contract ceiling.

B.5 FIXED FEE CEILING (COST-PLUS- FIXED-FEE TASK ORDERS ONLY)

a. For each cost-reimbursement task order issued under this IDIQ, the Task Order Contracting Officer and contractor agree to negotiate a set dollar amount for fixed fee. In negotiating the appropriate fee, the TOCO must consider the policies and factors for establishing fee in FAR 15.404-4 as well as any applicable USAID policy on establishing a fixed fee amount. In no event, however, may the amount of fixed fee in any individual task order exceed [TBD] percent of the task order’s estimated cost, excluding fee.

This fee ceiling is not applicable to Grants under Contracts (GUCs), if any, or other costs that have a separate fee ceiling established in the contract. The fixed fee ceiling applies to the prime contract and all cost reimbursement subcontracts. The Total Estimated Cost-Plus-Fixed-Fee for each Task Order must be negotiated in accordance with the terms of this contract.

b. The Total Estimated Cost-Plus-Fixed-Fee for each Task Order must be negotiated in accordance with the terms of this contract.

c. Fixed Fee Payment. For any Task Order issued under this Contract, at the time of each payment of allowable costs to the contractor, the USAID paying office ordinarily pays the contractor a percentage of fixed fees that directly corresponds to the percentage of allowable costs being paid. Two exceptions to paying fixed fee in this manner apply:

1. If the TOCO determines that this method results in paying a disproportionately higher ratio of fixed fee than the percentage of work that the contractor has completed, then the TOCO may suspend further payment of any fixed fee until the contractor has made sufficient progress to justify further payment, up to the agreed percentage.

Page: 6

2. Because the clauses entitled "Allowable Cost and Payment" (FAR 52.216-7) and "Fixed Fee" (FAR 52.216-8) are incorporated into this Contract, the terms and conditions of these clauses apply after total payments of fixed fee reach eighty-five percent (85%) of the total fixed fee.

d. Separate Fixed Fee Ceiling Applicable To Grants Under Contracts (GUCs)

In no event may the amount of fixed fee (if any) applicable to GUCs in any individual task order exceed TBD percent of the task order GUC cost.

B.6 INDIRECT COSTS AND ADVANCED UNDERSTANDING ON CEILINGS

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

Offeror Fringe Rate

Overhead Rate %

Overhead Ceiling Rate %

G&A Rate %

G&A Ceiling Rate %

PRIME (Insert Name) Base of Application Source: (insert) Period: (insert)

SUBCONTRACTOR(S)

Name (s))

Base of Application Source: (insert) Period: (insert)

NOTE: Insert additional indirect rates as needed for all primes and major subcontractors in the above table.

*Special Note: The un-shaded columns in the indirect cost table are the current approved indirect cost rates for the prime and major subcontractor(s).

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

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

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

NOTE: For Fixed-priced Task Orders, the overhead ceilings serve as a basis for negotiation only.

Note: Contractors are allowed to recoup indirect costs (OH, G&A, etc.) as other direct costs if it is part of the contractor’s usual accounting procedures, consistent with FAR Part 31 and the contactor’s NICRA

B.7 COST REIMBURSABLE (CPFF)

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

In addition, the requirement and conditions concerning estimated cost and funding apply as detailed in FAR 52.232-22, Limitation of Funds, incorporated by reference in Section I of this contract.

Page: 7

B.8 UNBURDENED CEILING DAILY LABOR RATES (CDR)

a. The task order rates must not exceed the ceiling daily rates set forth in the table below.

Each CDR for personnel listed below is “unburdened” and must only include salary costs or consulting rates of the individual providing the services.

The CDR for employees must not include the following:

1. Payroll costs (fringe benefits, FICA, allowances, differentials, etc.);

2. Indirect Costs applicable to labor; and

3. Profit or fee, if any.

The CDRs set forth below are fixed for the contract period and is for a productive eight (8) hour day, and apply to all subcontractors set forth in clause 52.244-2 in Section I. If a new subcontractor is proposed for a specific task order on other than a fixed-price basis, the CDRs set forth below will apply, and the subcontract is subject to consent by the TOCO in accordance with FAR Part 44.

Actual salaries for all personnel will be negotiated under task orders and final approval is provided by the TOCO. The ceiling rates presented below do not constitute approval of final salary rates above the Contractor Salary Threshold (CST) (see ADS 302).

b. The single unburdened ceiling daily rate for each labor category/group below represents the senior-level rate in each category/grouping. One unburdened ceiling daily rate for each labor category/grouping is included in the contract to provide more flexibility under task orders. If junior-level personnel are required under task orders, they must be proposed at rates below the unburdened ceiling daily rate.

Labor Category Year 1 Year 2 Year 3 Year 4 Year 5

Grants Specialist TBD TBD TBD TBD TBD

1. The Unburdened Ceiling Daily Rates apply to any task order(s) that are awarded under this contract.

2. The Unburdened Ceiling Daily Rates apply to all labor (the prime contractor, subcontractor, TCNs, CCN’s, and consultant salaries). CCN and TCN labor are also governed by the local compensation plan limitations as further provided in note 3 below. ]

3. Locally Hired National Personnel or Other Non-U.S. Expatriate Rates

All locally hired national personnel and other non-U.S. expatriates must be paid in accordance with AIDAR 722.170.

Salaries for individual locally-hired personnel and other non-U.S. expatriates under this contract and any resulting subcontract must be in accordance with AIDAR 752.7007, Personnel Compensation (July 2007), and consideration of the individual's education, work experience and recent relevant salary history while complying with the Iraq Local Compensation Plan provided.

Unless otherwise authorized by USAID, the compensation for CCN and TCN labor must not exceed the prevailing compensation paid to personnel performing comparable work in the cooperating country as determined by the Local Compensation Plan

4. The Unburdened Ceiling Daily Rates above do not apply to Fixed-priced Task Orders.

Page: 8

c. Definition of labor category

Grant Specialist

Grants Specialist are any positions responsible for pre and post award administration of any grants under contract for the award including but not limited to the negotiation of grant’s costs, budgets, or terms and conditions of the grant, administration of the grant, drafting of grant agreements or supporting documentation, or other related activities.

[END OF SECTION B]

Page: 9

SECTION C – PERFORMANCE WORK STATEMENT

<Performance Work Statement to be developed by the offeror based on the content of this RFP and inserted at the time of award>

[END OF SECTION C]

Page: 10

SECTION D – PACKAGING AND MARKING

D.1 AIDAR 752.7009 MARKING (JAN 1993)

a. It is USAID policy that USAID-financed commodities and shipping containers, and project construction sites and other project locations be suitably marked with the USAID emblem.

Shipping containers are also to be marked with the last five digits of the USAID financing document number. As a general rule, marking is not required for raw materials shipped in bulk (such as coal, grain, etc.), or for semi-finished products which are not packaged.

b. Specific guidance on marking requirements should be obtained prior to procurement of commodities to be shipped, and as early as possible for project construction sites and other project locations. This guidance will be provided through the contracting officer’s technical representative (COTR) indicated on the cover page of this Order, or by the Mission Director in the Cooperating Country to which commodities are being shipped, or in which the project site is located.

c. Authority to waive marking requirements is vested with the Regional Assistant Administrators, and with Mission Directors.

d. A copy of any specific marking instructions or waivers from marking requirements is to be sent to the Contracting Officer; the original should be retained by the contractor.

D.2 BRANDING AND MARKING POLICY

All USAID-funded foreign assistance (including programs, projects, activities, public communications, or commodities) must be communicated, promoted, and marked as coming from the American People through USAID. Specific communications and promotion measures must be described in the “Branding Strategy” and “Branding Implementation Plan,” and specific marking will be described in the “Marking Plan” for the contract. Branding and marking under this contract must comply with the USAID Automated Directive System Chapter 320 Branding and Marking (ADS 320) at http://www.usaid.gov/policy/ads/300/320.pdf.

D.3 BRANDING

The name of the project:

The project name is USAID/Iraq Durable Communities and Economic Opportunities.

Translations to other applicable languages must be proposed by the contractor and approved by USAID as part of the Branding Implementation Plan.

How the materials and communications will be positioned:

In all project communications and materials the project will be referred to as USAID’s. In all public events and public communications the project will also acknowledge and make it visible and understandable that the project, all its activities and/or materials/deliverables are made possible by the American People. Any materials and communications produced by any sub-contractor must follow USAID branding requirements.

The desired level of visibility:

The contractor must ensure that the project (as well as the fact that it is made possible by the American people through USAID) receives broad visibility not only among its beneficiaries and counterparts, but also among the general public. USAID’s experience in Iraq demonstrates critical importance and multiple opportunities for public outreach through information dissemination.

http://www.usaid.gov/policy/ads/300/320.pdf

Page: 11

Any other organizations to be acknowledged:

Co-branding and co-marking of public communications with local partners, in particular municipal governments and partners in public-private partnerships, is allowable and encouraged in order to promote local ownership of the initiatives supported by USAID. Co-branding and co-marking is to be specified in the branding implementation plan and will require approval by USAID.

D.4 APPROVAL OF BRANDING IMPLEMENTATION AND MARKING PLAN

The contractor’s Branding Implementation and Marking Plan will be finalized and submitted for Contracting Officer approval. The contractor will follow the approved plan during implementation of this contract unless a waiver is requested and approved.

[END OF SECTION D]

Page: 12

SECTION E – INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following Contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this Contract. See http://acquisition.gov/far/index.html for electronic access to the full text of a FAR clause.

FEDERAL ACQUISTION REGULATION

(48 CFR Chapter 1)

NUMBER TITLE DATE

52.246-3 INSPECTION OF SUPPLIES—COST REIMBURSEMENT MAY 2001

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

E.2 INSPECTION AND ACCEPTANCE

USAID inspection and acceptance of services, reports and other required deliverables or outputs will take place in Iraq or at any other location where the services are performed and reports and deliverables or outputs are produced or submitted.

The Contracting Officer has delegated to the COR the authority to inspect and accept certain services, reports and required deliverables and outputs as outlined in the COR designation letter and via clauses in the contract.

[END OF SECTION E]

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

Page: 13

SECTION F – DELIVERIES OF PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR ―52.252-2 CLAUSES INCORPORATED BY REFERENCE in Section I of this contract. See http://acquisition.gov/far/index.html for electronic access to the full text of a FAR clause.

FEDERAL ACQUISITION REGULATION (48CFR Chapter 1)

NUMBER TITLE DATE

CPFF 52.242-15 STOP-WORK ORDER AUG 1989

ALTERNATE I APR 1984

F.2 PERIOD OF PERFORMANCE

a. The period of performance for the Contract, including all Task Orders, is seven years from the date of Contracting Officer signature.

b. The ordering period is five years from the effective date of the IDIQ contract.

c. Task Order performance may continue up to 2 years after the ordering period, but must be completed no later than the end of the period of performance of the Contact.

d. The ordering period of the award is limited to five years. Task Orders may be issued during the ordering period specified in F.2.b. Individual task orders have a maximum period of performance of no more than 5 years. No individual task orders may exceed the contract end date set forth in paragraph F.2.a.

F.3 PLACE OF PERFORMANCE

The principle place of performance under this contract is Iraq.

F.4 AUTHORIZED WORK DAY / WEEK

No overtime or premium pay is authorized under this contract. The contractor is authorized up to a 5 day workweek for long-term staff in the field with no premium pay, and 6 day workweek for short-term advisors in the field with no premium pay.

F.5 TASK ORDER ORDERING PROCEDURES AND ADMINISTRATION

F.5.1 General

a. To obtain services or other deliverables that are within the scope of this contract, the Task Order

Contracting Officers (TOCO) may issue orders using any of the pricing types specified in the contract.

b. The contractor must respond to the Request for Task Order Proposal (RFTOP) in accordance with the terms therein.

c. No separate payment will be made to the contractor for the cost to prepare, submit and/or negotiate a task order proposal.

d. All USAID Mission Contracting Officers (includes Mission Directors and Executive Officers) may issue task orders within their authorities to provide desired services within the scope of Section C http://acquisition.gov/far/index.html

Page: 14 and the terms and conditions of this IDIQ. The IDIQ COR must review the prospective TO requirement or SOW.

e. TOCOs must negotiate and administer task orders in accordance with the ordering procedures set forth herein.

f. If Grants Under Contract (GUCs) are authorized at the Task Order level, the TO will directly state so.

g. All relevant provisions will be included therein.

F.5.2 Request for Task Order Proposal

a. Task Orders may be issued by Contracting Officers within the IDIQ Performance Work Statement’s

Scope described in Section C.

b. Each Task Order will identify a specific Task Order number which will be cited on each invoice placed against this Contract.

c. In no event must the aggregate total of all Task Orders exceed the Maximum Ordering Limitation authorized in the IDIQ Contract. All Task Order statements of work and performance periods must be within the Performance Work Statement’s scope and effective period of this Contract.

d. The FAR and AIDAR clauses/provisions included in the Contract are applicable to Task Orders as issued based on their individual statements of work. Clauses and provisions remain applicable throughout the terms of the Contract and orders. Additionally, there may be clauses/provisions that apply only at the Task Order level.

e. All Statements of Work of prospective task orders must be approved by the IDIQ COR. The proposed estimated total cost must be cleared by the IDIQ COR prior to release of the solicitation.

f. Past performance information specific to the task order requirement may be requested.

g. The terms of this Contract require that whenever a task order award is contemplated, the contractor will receive a RFTOP. All task order proposals must include the contractor’s cost or price to perform the anticipated task order. The RFTOP request must be in writing (via mail, e-mail, or other, as set out in the RFTOP) and include a description of the intended Services.

F.5.2.1 RFTOP Content

a. RFTOP number

b. Closing Date of RFTOP proposal submission

c. Statement of Work (SOW)/Statement of Objectives (SOO)

d. Instructions for submission of technical and cost/price proposals

e. Evaluation criteria, if any

f. Branding Strategy

g. Anticipated Contract Type

h. Security situation and plan requirements, if applicable

i. Environmental conditions

j. Total Estimated Cost Range, if appropriate

Page: 15

k. CO contact information

F.5.3 Task Order Content

a. Task Order Number and Contract Number;

b. For supplies and services, Contract item number and description, quantity, and unit price or estimated cost or fee.

c. Accounting and appropriation data. Source of Funds and Fiscal Data, TIN, DUNS number;

d. Method of payment and payment office, if not specified in the Contract [see FAR 32.1110(e)].

e. Total Estimated Cost/Ceiling Price;

f. Obligated Amount (which must constitute the maximum liability on behalf of the Government);

g. SOW/SOO and contractor’s response to SOO, if applicable, that is based upon performance standards, deliverables and results to which the contractor must be held and includes a Quality Control Plan.

h. Budget including identification of the Expanded Object Class Code (EOCC) series, and including the costs of Labor, Other Direct Costs (ODCs), Fee, and Ceiling Price;

i. Place of Performance;

j. Place of delivery or performance (including consignee);

k. Logistic Support;

l. USAID and Other Officials (e.g., CO &COR);

m. Language Requirements;

n. Deliverables/Results/Reports:

o. Special Requirements/Relevant Information (e.g., source/origin waivers);

p. Government-Furnished Property, if any, to be furnished to the contractor;

q. Authorized Work-Week if other than the IDIQ provision;

r. Key/Essential Personnel; and

s. Payment Office.

t. Gender requirements;

u. Branding and Marking;

v. Other special requirements;

w. Response to Environmental Conditions ;

x. Security Plan;

Page: 16

y. TOCOs will include in Task Orders any specific clauses and provisions that are required in ADS 302 and the Internal Mandatory Reference “Contract Clause Guide for Unclassified Information System Security Systems and Services.”

F.5.4 Task Order Limitations

a. Task orders issued under this IDIQ contract may be either Cost-Plus-Fixed-Fee (CPFF) (term or completion) or any Fixed-Priced type.

b. Minimum Order:

When USAID requires services or reports and other deliverables covered by this Contract in a Task Order in the amount of less than $25,000, the contractor is not obligated to accept an order to furnish those services or reports and other deliverables under this contract. However, if the contractor agrees to furnish services or reports and other deliverables required by USAID in an amount of less than $25,000 and is awarded a Task Order to do so, the contractor is required to provide said services and reports/deliverables in accordance with the contract’s terms and conditions.

c. Maximum Order:

When USAID requires services or reports and other deliverables covered by this Contract in a Task Order amount of more than $80 million the contractor is not obligated to accept an order to furnish those services or reports and other deliverables under this contract. However, if the contractor agrees to furnish services or reports and other deliverables required by USAID in excess of $80 million and is awarded a Task Order to do so, the contractor is required to provide said services and reports/deliverables in accordance with the contract’s terms and conditions.

d. Notwithstanding the above, if issuance of a task order to, and acceptance of a task order by, the contractor would:

1. result in the contractor (or its personnel or its subcontractors or their personnel) having an organizational conflict of interest for which restrictions would be placed on the contractor’s (or its personnel or its subcontractors’ or their personnel) future activities; or

2. violate the provisions of the Procurement Integrity legislation, i.e., Section 27 of the Office of

Federal Procurement Policy Act (41 U.S.C. 423), as amended by Section 814 of Pub. L.

101-189 the contractor, after written notification to the Contracting Officer is not obligated to furnish those services or reports and other deliverables under this contract, and USAID may acquire the supplies or services from another source.

e. Request for Task Order Proposal:

The TOCO has discretion to decide how much documentation is needed to assess the technical capability and cost of the contractor.

To obtain services or other deliverables that are within the Performance Work Statement of this contract, the TOCO may issue orders using any of the pricing types specified in the contract.

The contractor must respond to the RFP within the number of calendar days stated in the Request for Task Order Proposal.

If the contractor submits a proposal, they must comply with the terms and conditions and page limitations for proposals established in the RFTOP; USAID will not evaluate any pages that exceed these limits.

Page: 17

F.5.5 Task Order Administration

a. Subcontractors

Subcontracts require consent in accordance with FAR 52.244-2.

b. Right to Procure from Other Sources

The Government, under the terms of this IDIQ, retains the right to procure similar services from other sources during the period of this contract.

c. Ombudsman

The Acquisition and Assistance (A&A) Ombudsman is the Agency official who is tasked with handling specific complaints policy and procedural as well as cross-cutting issues related to the acquisition and assistance process at USAID.

If a contractor believes it has not been treated in accordance with the ordering procedures in this section, it may present the matter to the TOCO. If the contractor disagrees with the TOCO’s explanation or decision, it may request a review of the TOCO’s decision from USAID’s task-order and delivery-order Ombudsman. The Ombudsman is responsible for reviewing complaints from contractors, collecting information from the CO relevant to the complaint. The Ombudsman does not have the authority to overturn award decisions or adjudicate formal Contract disputes. Information about the Ombudsman review process can be found on the USAID webpage at http://www.usaid.gov/work-usaid/acquisition-assistance-ombudsman. The Ombudsman may be reached at the following address:

U.S. Agency for International Development

Attn: USAID Ombudsman

M/OAA/OD SA44; 851-H

1300 Pennsylvania Ave N.W.

Washington, DC 20523 E-mail AandAOmbudsman@usaid.gov

F.6 PERFORMANCE STANDARDS

Evaluation of the contractor's overall performance in accordance with the performance standards set forth in the contract and any task orders, will be conducted jointly by the COR and the Contracting Officer, and will form the basis of the contractor's permanent performance record with regard to this contract.

[END OF SECTION F]

http://www.usaid.gov/work-usaid/acquisition-assistance-ombudsman mailto:AandAOmbudsman@usaid.gov

Page: 18

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 the Contract and not withstanding 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 will be made in the contract terms and conditions, including price.

G.2 ADMINISTRATIVE CONTRACTING OFFICE

The Administrative Contracting Office is:

Office of Acquisition and Assistance USAID/Iraq

U.S. based mailing address:

USAID/Iraq Office of Acquisition and Assistance Unit 6060, Box 0047

DPO, AE, 09870-9998

Street/delivery address:

USAID/Iraq, Office of Acquisition and Assistance U.S. Embassy Compound Al-Kindi Street International Zone Baghdad, Iraq

G.3 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The Contracting Officer’s Representative will be appointed by the Contracting Officer prior to the time of award and designated here.

G.4 AIDAR 752.7003 DOCUMENTATION FOR PAYMENT (NOV 1998) (CPFF)

a. Claims for reimbursement or payment under this contract must be submitted to the Paying Office indicated in the schedule of this contract. The Contracting Officers Representative (COR) is the authorized representative of the Government to approve vouchers under this contract. The Contractor must submit either paper or fax versions of the SF-1034--Public Voucher for Purchases and Services Other Than Personal. Each voucher shall be identified by the appropriate USAID contract number, in the amount of dollar expenditures made during the period covered.

1. The SF 1034 provides space to report by line item for products or services provided. The form provides for the information to be reported with the following elements:

TOTAL EXPENDITURES

(Document Number: XXX-X-XX-XXXX-XX)

Line Item Description Amt. Vouchered To Date Amt. Vouchered This Period

0001 Product/Service Desc. for Line Item 0001

$XXXX.XX $XXXX.XX

0002 Product/Service Desc. for Line Item 0002

$XXXX.XX $XXXX.XX

Total $XXXX.XX $XXXX.XX

2. The SF-1034 should be supported with the attached spreadsheet indicating contractor’s expenditures broken down by countries and budget categories.

3. The fiscal report shall include the following certification signed by an authorized representative of the Contractor:

Page: 19

The undersigned hereby certifies to the best of my knowledge and belief that the fiscal report and any attachments have been prepared from the books and records of the Contractor in accordance with the terms of this contract and are correct: the sum claimed under this contract is proper and due, and all the costs of contract performance (except as herewith reported in writing) have been paid, or to the extent allowed under the applicable payment clause, will be paid currently by the Contractor when due in the ordinary course of business; the work reflected by these costs has been performed, and the quantities and amounts involved are consistent with the requirements of this Contract; all required Contracting Officer approvals have been obtained; and appropriate refund to USAID will be made promptly upon request in the event of disallowance of costs not reimbursable under the terms of this contract.

BY: ______________________________________________________

TITLE: ______________________________________________________

DATE: ______________________________________________________

b. Local currency payment. The Contractor is fully responsible for the proper expenditure and control of local currency, if any, provided under this contract. Local currency will be provided to the Contractor in accordance with written instructions provided by the Mission Director. The written instructions will also include accounting, vouchering, and reporting procedures. A copy of the instructions shall be provided to the Contractor's Chief of Party and to the Contracting Officer. The costs of bonding personnel responsible for local currency are reimbursable under this contract.

c. Upon compliance by the Contractor with all the provisions of this contract, acceptance by the

Government of the work and final report, and a satisfactory accounting by the Contractor of all Government-owned property for which the Contractor had custodial responsibility, the Government shall promptly pay to the Contractor any moneys (dollars or local currency) due under the completion voucher. The Government will make suitable reduction for any disallowance or indebtedness by the Contractor by applying the proceeds of the voucher first to such deductions and next to any unliquidated balance of advance remaining under this contract.

d. The Contractor agrees that all approvals of the Mission Director and the Contracting Officer which are required by the provisions of this contract shall be preserved and made available as part of the Contractor's records which are required to be presented and made available by the clause of this contract entitled "Audit and Records--Negotiation".

G.5 TECHNICAL DIRECTIONS/RELATIONSHIP WITH USAID

a. Technical Directions is defined to include:

1. Written directions to the contractor which fill in details, suggest possible lines of inquiry, or otherwise facilitate completion of work;

2. Provision of written information to the contractor which assists in the interpretation of drawings, specifications, or technical portions of the work statement;

3. Review and, where required, provide written approval of technical reports, drawings, specifications, or technical information to be delivered. Technical directions must be in writing, and must be within the scope of the work as detailed in Section C.

b. The COR is authorized by designation to take any or all action with respect to the following which could lawfully be taken by the Contracting Officer, except any action specifically prohibited by the terms of this Contract:

1. Assure that the contractor performs the technical requirements of the contract in accordance with the contract terms, conditions, and specifications.

Page: 20

2. Perform or cause to be performed, inspections necessary in connection with a) above and require the contractor to correct all deficiencies; perform acceptance for the Government.

3. Maintain all liaison and direct communications with the contractor. Written communications with the contractor and documents must be signed as "Contracting Officer’s Representative" with a copy furnished to the Contracting Officer.

4. Issue written interpretations of technical requirements of Government drawings, designs, and specifications.

5. Monitor the contractor's production or performance progress and notify the contractor in writing of deficiencies observed during surveillance, and direct appropriate action to effect correction. Record and report to the Contracting Officer incidents of faulty or nonconforming work, delays or problems.

6. Obtain necessary security clearance and appropriate identification if access to Government facilities is required. If to be provided, ensure that Government furnished property is available when required.

LIMITATIONS: The COR is not empowered to award, agree to, or sign any contract (including delivery or purchase orders) or modifications thereto, or in any way to obligate the payment of money by the Government. The COR may not take any action which may impact on the contract schedule, funds, scope or rate of utilization of LOE. All contractual agreements, commitments, or modifications which involve prices, quantities, quality, and schedules must be made only by the Contracting Officer.

c. The contractor is required to meet quarterly/semi-annually/annually with the COR and the

Contracting Officer concerning performance of items delivered under this contract and any other administration or technical issues. Telephonic reports may be made if no problems are being experienced. Problem areas must be brought to the immediate attention of the Contracting Officer.

d. In the separately-issued COR designation letter, the CO designates an alternate COR to act in the absence of the designated COR, in accordance with the terms of the letter.

e. Contractual Problems - Contractual problems, of any nature, that may arise during the life of the contract must be handled in conformance with specific public laws and regulations (i.e. Federal Acquisition Regulation and Agency for International Development Acquisition Regulation). The contractor and the COR must bring all contracting problems to the immediate attention of the Contracting Officer. Only the Contracting Officer is authorized to formally resolve such problems.

The Contracting Officer will be responsible for resolving legal issues, determining contract scope and interpreting contract terms and conditions. The Contracting Officer is the sole authority authorized to approve changes in any of the requirements under this contract. Notwithstanding any clause contained elsewhere in this contract, the said authority remains solely with the Contracting Officer.

These changes include, but will not be limited to the following areas: scope of work, price, quantity, technical specifications, delivery schedules, and contract terms and conditions. In the event the contractor effects any changes at the direction of any other person other than the Contracting Officer, the change will be considered to have been made without authority.

f. Failure by the contractor to report to the Administrative Contracting Office, any action by the

Government considered to a change, within the specified number of days contained in FAR 52.243-7 (Notification of Changes), waives the contractor's right to any claims for equitable adjustments.

g. In case of a conflict between this contract and the COR designation letter, the contract prevails.

Page: 21

G.6 PAYING OFFICE

The paying office for this contract is Financial Management Office, as listed below:

E-mail:

Payableforiraq@usaid.gov

Street Address:

U.S. Agency for International Development Controller‘s Office Bulevar Kneza Aleksandra Karadjordjevica 92 11000 Belgrade Serbia

G.7 ACCOUNTING AND APPROPRIATION DATA

[TO BE INSERTED AT AWARD]

G.8 CONTRACTOR’S PRIMARY POINT OF CONTACT

The contractor’s primary point of contact for this award is:

Name: _______________ Title: _______________ E-mail: _______________ Phone: _______________

[To be completed by the contractor]

[END OF SECTION G]

mailto:Payableforiraq@usaid.gov

Page: 22

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 INSURANCE AND SERVICES

a. Pursuant to AIDAR 752.228-3 Worker's Compensation Insurance (Defense Base Act), to obtain DBA insurance, contractors and subcontractors must apply for coverage directly from AON Risk Insurance Services (AON), the agent for Allied World Assurance Company (AWAC). AWAC is the only insurance underwriter authorized to write DBA insurance under USAID contracts.

To obtain this insurance, contact AON at:

1. 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

b. In compliance with new Agency guidelines, contractors will be required to submit a copy of DBA coverage for which contract performance is to occur outside of the U.S. This document must be provided prior to start of performance overseas.

c. New Rates: There are three different rates depending on the nature of the services to be provided. If a contract contains more than one of the services listed, the premium will be distributed proportionally.

Period of

Performance Services Construction Security

Guards 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 Option 2 12/1/18 – 11/30/19 2.00 $4.50 $7.50 Option 3 12/1/19 – 11/30/20 2.00 $4.50 $7.50

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

Page: 23 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).

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.

H.2 AUTHORIZED GEOGRAPHIC CODE

The authorized geographic code for procurement of goods and services under this contract is 937 for the prime contract and its subcontractors or as specified in the task order, if different. Code 937 is defined as the United States, the cooperating/country, and developing countries other than advanced developing countries, and excluding prohibited sources. Procurement of agricultural commodities and related products, motor vehicles and pharmaceuticals is subject to the limitations in 22 CFR 228.19 and will require a waiver.

H.3 AMMONIUM NITRATE AND CALCIUM AMMONIUM NITRATE RESTRICTION (SEPTEMBER

2011)

a. Ammonium Nitrate (AN) and Calcium Ammonium Nitrate (CAN) are marketed and used as fertilizers for agricultural applications, and as explosives for construction/demolition applications.