72038819R00018.pdf

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RFP 72038819R00018

USAID’s Esho Shikhi Activity

Table of Contents

PART I- THE SCHEDULE

SECTION B- SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PURPOSE

B.2 CONTRACT TYPE AND SERVICES

B.3 MINIMUM OBLIGATED AMOUNT

B.4 MAXIMUM CONTRACT CEILING

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

B.6 CONTRACT LINE ITEMS (CLINs)

B.7 LABOR

B.8 LABOR (UNBURDENED CDR) RATE CHANGES

B.9 INDIRECT COSTS AND ADVANCED UNDERSTANDING ON CEILINGS

B.10 COST REIMBURSABLE (CPFF)

B.11 SECURITY COSTS

SECTION C - DESCRIPTION/SPECIFICATIONS

SECTION D - PACKAGING AND MARKING

D.1 AIDAR 752.7009 MARKING (JAN 1993)

D.2 BRANDING AND MARKING POLICY

D.3 BRANDING STRATEGY

SECTION E - INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE . 21

E.2 INSPECTION AND ACCEPTANCE

E.3 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

E.4 MONITORING, EVALUATION AND LEARNING PLAN

SECTION F - DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE . 24

F.2 PERIOD OF PERFORMANCE

F.3 PLACE OF PERFORMANCE

F.4 PERFORMANCE STANDARDS

F.5 AUTHORIZED WORK DAY/WEEK

F.6 KEY PERSONNEL

F.7 REPORTS AND PERFORMANCE OBJECTIVES OR OUTPUTS

F.8 TASK ORDER ORDERING PROCEDURES AND ADMINISTRATION

F.9 TASK ORDER ADMINISTRATION

F.10 SECURITY REPORTING

F.11 ADDITIONAL REPORTS

F.12 AIDAR 752.242-70 PERIODIC PROGRESS REPORTS (OCT 2007)

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 AIDAR 752.7003 DOCUMENTATION FOR PAYMENT (NOV 1998)

G.2 CONTRACTING OFFICE & COGNIZANT CONTRACTING OFFICER

G.3 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

G.4 TECHNICAL DIRECTIONS/RELATIONSHIP WITH USAID

G.5 PAYING OFFICE

G.6 ACCOUNTING AND APPROPRIATION DATA

G.7 INVOICING INSTRUCTIONS

G.8 SPECIAL INSTRUCTIONS

G.9 CONTRACTOR’S PRIMARY POINT OF CONTACT

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE . 54

H.2 FOREIGN GOVERNMENT DELEGATIONS TO INTERNATIONAL

CONFERENCES (JAN 2002)

H.3 DEFENSE BASE ACT (DBA) INSURANCE FOR 2015-2020

H.4 AUTHORIZED GEOGRAPHIC CODE

H.5 LOGISTIC SUPPORT

H.6 SUBCONTRACTING PLAN

H.7 CONSENT TO SUBCONTRACT

H.8 GRANTS UNDER CONTRACT

H.9 AIDAR 752.7007 PERSONNEL COMPENSATION (JULY 2007)

H.10 ADDITIONAL REQUIREMENTS FOR PERSONNEL COMPENSATION

H.11 CLASS DEVIATION #M/OAA-DEV-FAR-18-2C, FAR 2.101 DEFINITIONS

H.12 LIMITATION ON ACQUISITION OF INFORMATION TECHNOLOGY

(DEVIATION NOs. M/OAA-DEV-FAR-18-2c and M/OAA-DEV-AIDAR-18-2c) (APRIL

2018)

H.13 NONEXPENDABLE PROPERTY AND INFORMATION TECHNOLOGY

RESOURCES

H.14 LANGUAGE REQUIREMENTS

H.15 EMPLOYMENT COSTS OF THIRD COUNTRY NATIONALS AND

COOPERATING COUNTRY NATIONALS

H.16 ENVIRONMENTAL COMPLIANCE AND MANAGEMENT

H.17 ELECTRONIC PAYMENTS SYSTEM

H.18 BUSINESS CLASS TRAVEL

H.19 USAID-FINANCED THIRD-PARTY WEB SITES (AUG 2013)

H.20 SUBMISSION OF DATASETS TO THE DEVELOPMENT DATA LIBRARY

(DDL) (OCT 2014)

H.21 RESTRICTIONS AGAINST DISCLOSURE (MAY 2016)

H.22 AIDAR 752.7013 CONTRACTOR-MISSION RELATIONSHIPS

H.23 SOFTWARE LICENSE ADDENDUM (MAY 2016)

H.24 MEDIA AND INFORMATION HANDLING AND PROTECTION (APRIL 2018) 69

H.25 SKILLS AND CERTIFICATION REQUIREMENTS FOR PRIVACY AND

SECURITY STAFF (APRIL 2018)

H.26 SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION

TECHNOLOGY RESOURCES (APRIL 2018)

H.27 AIDAR 752.225-70 SOURCE AND NATIONALITY REQUIREMENTS (FEB 2012)

H.28 ADS 302.3.5.10 ORGANIZATIONAL CONFLICTS OF INTEREST: PRECLUSION

FROM IMPLEMENTATION CONTRACT (SEPTEMBER 2018)

H.29 EXECUTIVE ORDER ON TERRORISM FINANCING

H.30 752.222-70 USAID DISABILITY POLICY-ACQUISITION (DECEMBER 2004) .. 78

H.31 PROHIBITION OF ASSISTANCE TO DRUG TRAFFICKERS

H.32 USAID IMPLEMENTING PARTNER NOTICES (IPN) PORTAL FOR

ACQUISITION (JULY 2014)

H.33 SECURITY CONDITIONS

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE .. 82

I.2 52.204-1 APPROVAL OF CONTRACT (DEC 1989)

I.3 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (OCT

2015)

I.4 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR

INFORMATION SYSTEMS (JUN 2016)

I.5 52.209-1 QUALIFICATION REQUIREMENTS (FEB 1995)

I.6 52.216-24 LIMITATION OF GOVERNMENT LIABILITY (APR 1984)

I.7 52.222-50 COMBATING TRAFFICKING IN PERSONS (JAN 2019)

I.8 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

I.9 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

I.10 AIDAR 752.229-71 REPORTING OF FOREIGN TAXES (JULY 2007)

I.11 AIDAR 752.245-70 GOVERNMENT PROPERTY—USAID REPORTING

REQUIREMENTS (OCT 2017)

I.12 52.204-24 REPRESENTATION REGARDING CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (AUG 2019)

I.13 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (AUG 2019)

PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS INCLUDED AND REFERENCED BY LINK

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE

K.2 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018) 110

K.3 INSURANCE - IMMUNITY FROM TORT LIABILITY

K.4 52.204-20 PREDECESSOR OF OFFEROR (JUL 2016)

K.5 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS—REPRESENTATION (NOV 2015)

K.6 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT

2015)

K.7 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT

2018)

K.8 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING

DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY

FEDERAL LAW (FEB 2016)

K.9 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS-

CERTIFICATION (JUN 2018)

K.10 52.215-6 PLACE OF PERFORMANCE (OCT 1997)

K.11 52.225-20 PROHIBITION ON CONDUCTING RESTRICTED BUSINESS

OPERATIONS IN SUDAN-CERTIFICATION (AUG 2009)

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 AUTHORIZED NEGOTIATORS

K.15 SIGNATURE

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS .. 127

L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE

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

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

L.4 AIDAR 752.252-2 AIDAR SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE (MAR 2015)

L.5 GENERAL INSTRUCTIONS TO OFFERORS

L.6 PRE-PROPOSAL CONFERENCE

L.7 SUBMISSION/DELIVERY INSTRUCTIONS

L.8 INSTRUCTIONS FOR THE PREPARATION OF THE TECHNICAL PROPOSAL 131

L.9 TECHNICAL PROPOSAL FORMAT

L.10 INSTRUCTIONS FOR THE PREPARATION OF THE COST PROPOSAL

L.11 52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

L.12 INSTRUCTIONS FOR THE PREPARATION OF THE BRANDING STRATEGY

AND MARKING PLAN (BSMP)

SECTION M - EVALUATION FACTORS FOR AWARD

M.1 GENERAL INFORMATION

M.2 TECHNICAL PROPOSAL EVALUATION CRITERIA

M.3 COST PROPOSAL EVALUATION

M.4 DETERMINATION OF THE COMPETITIVE RANGE AND CONTRACT AWARD

M.5 SOURCE SELECTION

M.6 CONTRACTING WITH SMALL BUSINESS CONCERNS AND

DISADVANTAGED ENTERPRISES

M.7 CONTRACTING WITH U.S. SMALL BUSINESS CONCERNS IN THE MENTOR-

PROTÉGÉ PROGRAM

PART I- THE SCHEDULE

SECTION B- SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PURPOSE

The purpose of this contract is to obtain services to be provided by the contractor in response to attachment J.1, Statement of Objectives. The overall objective of this contract is to improve the learning outcomes of marginalized Bangladeshi children in the crisis-affected district of Cox’s

Bazar. The Activity aims to accomplish this goal by increasing learning opportunities; improving the quality of education in selected subjects; building capacity at the district, upazila (sub-district) and community levels to plan, manage, and oversee quality education; and enhancing the aptitude of school communities to mitigate and/or manage the effects of shocks and stressors on education access and quality.

USAID Task Order Contracting Officer(s) (TOCOs) will request the work through the issuance of task orders during the ordering period as specified in Section F of this contract.

B.2 CONTRACT TYPE AND SERVICES

This is a Cost-Plus Fixed-Fee Completion Indefinite Delivery/Indefinite Quantity (IDIQ) type contract. The Government will issue task orders that are either Cost-Plus-Fixed-Fee (CPFF)

(completion) or any Fixed-Priced type contract. The Contractor must perform the services set forth in task orders at prices consistent with Section B of this contract.

B.3 MINIMUM OBLIGATED AMOUNT

The basic contract includes an initial obligation of funds in the amount of $25,000 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 $38,500,000 for educational services. The maximum aggregate dollar value of task orders awarded to the single-award contractor must not exceed the maximum ceiling amount.

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

NOTE: The ceiling on fixed fee does not apply to Fixed-Priced Task Orders.

a) For each cost- reimbursement task order issued under this IDIQ contract, the TOCO and contractor agree to negotiate a set dollar amount for fixed fee. In negotiating the fixed dollar amount for the 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 ten percent (10%) of the task order’s estimated cost, excluding fee.

Grants under Contracts (GUCs), if any, or other costs may have a separate fee ceiling established in the contract, in an amount not to exceed the fee ceiling established in FAR

15.404. The fixed fee ceiling applies to the prime contract and all cost reimbursement subcontracts.

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 cost 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.

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)

The approval for the use of Grants under Contract (GUCs) has been obtained from the

USAID/Bangladesh Mission Director. In no event may the amount of fixed fee (if any) applicable to GUCs in any individual task order exceed ten percent (10%) of the task order GUC cost.

B.6 CONTRACT LINE ITEMS (CLINs)

CLIN

Period of

Performance;

Performance

Location;

Product

Service Code

(PSC)

Qty Unit Estimated

Cost

Fixed

Fee

Total

Estimated

Cost and

Fixed Fee

Base – Technical

Services

Seven years from effective date of award;

Bangladesh;

R419

1 LOT

B.7 LABOR

This section B.7 is only applicable to Cost-Reimbursement Task Orders.

(a) Central management costs will be handled through the following method:

The Contracting Officer has determined that a key (full-time) technical manager is not necessary or required to administer the basic IDIQ contract. The Contractor will not be authorized to bill USAID directly for IDIQ contract management costs under this IDIQ contract or under task orders. The Contractor must propose a centralized management structure that allows for recovery of IDIQ contract management costs as part of its indirect costs.

(b) The work day and work week policies and method of accounting for paid absences including holidays for the contractor and major subcontractors is set forth in Attachment J. X (Attachment Number to be filled-in at the time of award)

(c) Compensation of personnel under this contract or any resulting subcontract must be in accordance with AIDAR 752.7007 Personnel Compensation (July 2007)

(See Section H.), and ADS 302.

B.7 (a) Unburdened Ceiling Daily Rates (CDR)

(1) 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:

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

Indirect Costs applicable to labor; and

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).

(2) The single unburdened ceiling daily rate for each labor category/group below represents the mid-level and 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

TBD TBD TBD TBD TBD TBD

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

[Note 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.]

[Note 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 should be based upon a combination of factors including the prevailing compensation paid to personnel performing comparable work in the cooperating country as determined by USAID and consideration of the individual's education, and work experience.

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 USAID and must be paid in the currency of the cooperating country.]

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

(3) Definition of labor categories: (To be inserted at the award stage)

B.7 (b) Minimum Qualifications

In order to perform the performance work statement set forth in Section C, the Contractor must provide personnel that meet the minimum education and/or experience requirements set forth below. These minimum qualifications for mid-level and senior-level personnel correspond to the

Unburdened Ceiling Daily Rates above.

Language fluency, relevant regional experience, and international development experience requirements will be specified in individual task orders.

*Highest degree obtained should be related to work being performed.

** Experience should be related to the work being performed.

***Relevant Work Experience is required for the levels indicated.

B.7 (c) Subcontractor Rates

The following provides guidance for various subcontracting arrangements:

Education + Experience Requirements

Experience

Requirements

(Substitution of

Relevant Work

Experience in Lieu of a Degree)

Level Academic Degree*

AND Years of

Relevant Work

Experience**

Years of Relevant

Work Experience***

Mid

Ph.D. 4

JD/ABD 5

MS/MA/MB 6

BS/BA 8

Less than BS/BA 10

Senior

Ph.D. 8

JD/ABD 10

MS/MA/MB 12

BS/BA 15

Less than BS/BA 20

(i) The Prime subcontracts with an approved subcontractor from the original IDIQ competition

The unburdened CDR’s for the prime contract apply to the subcontractor.

(ii) The Prime contracts with a new subcontractor not yet approved

The unburdened CDR’s for the prime contract apply to the new subcontractor.

(iii) Prime subcontracts with a new subcontractor not yet approved and may or may not have a different cost accounting system that only processes fully burdened rates. Further, subcontractor proposes rates that are “above” the prime IDIQ rates.

The Prime may then include in its TO proposal, (i) the fully burdened rate proposed to the Prime by the Subcontractor, (ii) allocation of the Prime’s indirect costs in accordance with established accounting practices, and (iii) a reasonable profit. If the rates proposed to USAID, inclusive of the Prime’s allocable indirect costs and a reasonable profit are above the Prime’s unburdened

CDRs , the Prime must disclose the amount of the indirect costs, and the amount of the proposed profit that were added to the Subcontractor’s proposed rates. A reasonable profit will be negotiated by the TOCO for the specific TO. The CDRs of the subcontractor must not exceed the prime’s CDRs in the IDIQ contract.

B.8 LABOR (UNBURDENED CDR) RATE CHANGES

The labor rates are fixed for all contract years; however, the Contractor may submit a proposal reducing the labor rates and/or indirect rates at any time during the life of this contract. The

Government will review these proposals and determine if the revised rates are realistic and in the best interests of the Government. If the rates are accepted, the Government will modify the contract by incorporating the new rates into the contract.

B.9 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) (Insert

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 contractor’s NICRA.

B.10 COST REIMBURSABLE (CPFF)

The cost allowable will be limited to reasonable, allocable, and necessary costs determined in accordance with FAR 52.216-7, Allowable Cost and Payment (Aug 2018), FAR 52.216-8, Fixed

Fee (June 2011), if applicable, and AIDAR 725.7003, Documentation for Payment (Nov 1998).

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.

B.11 SECURITY COSTS

The Contractor will provide USAID/Bangladesh a security plan and budget for security costs as further detailed in Section H.33 and L.9. A template is provided under Section J.2. The Security

Plan and budget shall delineate and justify for reasonableness all costs and provide a coherent, overall integrated security plan that demonstrates that the Contractor has undertaken a thoughtful review of their security needs and includes analysis of the various elements of a security system.

[END OF SECTION B]

SECTION C - DESCRIPTION/SPECIFICATIONS

[See Section J.1 for the Statement of Objectives that informs the development of Section

C.USAID will insert the Contractor’s Performance Work Statement (PWS) at award]

[END OF SECTION C]

SECTION D - PACKAGING AND MARKING

D.1 AIDAR 752.7009 MARKING (JAN 1993)

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

Shipping containers are also to be marked with the last five digits of the USAID financing document number. As a general rule, marking is not required for raw materials shipped in bulk

(such as coal, grain, etc.), or for semi-finished products which are not packaged.

(b) Specific guidance on marking requirements 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 will be retained by the Contractor.

D.2 BRANDING AND MARKING POLICY

Branding Strategy Implementation and Markings under this contract must comply with the

“USAID Graphics Standards Manual” available at http://www.usaid.gov/branding or any successor branding policy, as detailed in ADS Chapter 320.

D.3 BRANDING STRATEGY

In accordance with ADS 320 Branding and Marking, and USAID’s overall policy, all assistance delivered through this program must be clearly credited to the American People. This Branding

Strategy (BS) outlines the framework in which materials and communications used to promote the program deliver the message that the assistance is from the American People, as well as to ensure appropriate use of the USAID identity markings. The branding strategy for this contract, as specified in USAID ADS 320.3.2.1, is as follows:

Program Name: USAID’s Esho Shikhi Activity

Positioning: The Contractor will use full branding and the USAID tagline “From the

American People” on materials and communications, which may be translated into local languages as appropriate. Co-branding / no branding will only be considered on a case-by-case basis as considered appropriate by the Contracting Officer’s Representative (COR) and Contracting

Officer (CO).

Level of Visibility: Esho Shikhi has a desired high level of visibility within USAID since the purpose of the project is to provide critical support to host communities impacted by the Rohingya crisis through a large-scale education activity.

USAID identity must be prominently displayed in commodities or equipment; audio, visual or electronic public communication; studies, reports, publications, web sites, and all promotional and informational products; and events.

[END OF SECTION D]

SECTION E - INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

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):

https://www.acquisition.gov/browse/index/far.

NUMBER TITLE DATE

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

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 performance objectives or outputs will take place at:

USAID/BANGLADESH

U.S. Embassy

Madani Avenue, Dhaka-1212

Bangladesh

Or at any other location where the services are performed and reports and performance objectives or outputs are produced or submitted. The Contracting Officer’s Representative

(COR) listed in Section G has been delegated authority to inspect and accept all services, reports and required performance objectives or outputs. However, the Contracting Officer has the right to conduct the inspection of all services, reports, and required performance objectives or outputs of the award at any time best for the Government.

TOCORs may be designated for a specific task order. In accordance with the clauses of this contract entitled ―Inspection of Services – Cost Reimbursement, (FAR 52.246-5) and

―Inspection of Services – Fixed-price, (FAR 52.246-4), inspection of results or other deliverables required by each Task Order issued hereunder must be made by the cognizant

TOCOR for that Task Order. Acceptance of goods/services and reports or other deliverables by the cognizant TOCOR for that Task Order must form the basis for payments to the contractor, and will form the basis of the contractor‘s permanent performance record with regard to this https://www.acquisition.gov/browse/index/far

E.3 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

The progress, success and impact of the Contractor’s performance under this contract will be monitored and evaluated as a part of the overall activity results. The QASP is a management process with the intent of encouraging maximum performance, efficiencies, and cost effectiveness by the Contractor and can be modified at any time by the Government.

The QASP shall be used as a Government monitoring process to enforce the inspection and acceptance clauses of the contract. The QASP may require modification and/or updates after selection for award to reflect the Contractor’s known strengths and weaknesses. The QASP is a

“living” monitoring process that should be discussed, reviewed and updated regularly but no less than on an annual basis. It is based on the premise that the Contractor, not the Government, is responsible for managing and ensuring that quality controls meet the terms of the contract.

The Government reserves the right to modify performance standards and/or metrics during the life of this contract, in order to ensure that the right outcomes are being assessed and that the performance standards are appropriate. It is the Contractor’s responsibility to follow up with the

COR to ensure the QASP monitoring process is implemented and updated.

A variety of mechanisms included but not limited to the following may be utilized by the

Contractor and COR to monitor the progress/success of the activity and the Contractor’s performance:

a. Weekly contract mobilization meetings including minutes (minutes may address issues, actionable items, steps to address and solve any issues/actions as well as Point of Contact for each issue/action item) during the first three months of contract implementation;

b. Monthly progress review meetings, including similar protocols as above, with the implementation teams;

c. Review and proposed feedback and/or edits, if any, to the Contractor’s scheduled reports

(see Section F);

d. Feedback in the form of action memos, emails or other forms of communication agreed upon by the parties from the GoB and collaborating partners utilized to inform and improve activity performance;

e. Site Visits as needed or directed by USAID personnel organized by the Contractor;

f. Quarterly reviews of work plan with performance milestones and proposed feedback and/or edits, if any, to the Contractor’s work plan and performance milestones incorporated/addressed;

g. Periodic impact and performance evaluations as required by the contract and /or determined as necessary by the COR and approved by the CO during contract administration; and

h. Review of all the deliverables as stated in section F and C and proposed feedback and/or edits, if any, to the Contractor’s work plan and performance milestones incorporated/addressed.

E.4 MONITORING, EVALUATION AND LEARNING PLAN

The Contracting Officer’s Representative (COR) will monitor and evaluate the progress, success, and impact of the Contractor’s performance under this contract as a part of the overall activity results using agreed-upon indicators through the Contractor’s Monitoring, Evaluation, and

Learning (MEL) Plan. The COR will utilize the MEL Plan to assess the impact of the activity and whether it achieves the stated objectives or if the parties should make performance-based adjustments. The MEL Plan exists as a “living” document reviewed and updated as required as specified in Section F.7. The MEL Plan sets forth the specific performance goals for the contract, all in accordance with and subject to Section C. Subject to the other terms and conditions of this

Contract, the COR, in consultation with the Contractor, may modify the MEL Plan at any time to reflect changing priorities and circumstances. USAID may also conduct management reviews of work progress during the contract’s period of performance. USAID will conduct Data Quality

Assessments (“DQAs”) for selected indicators periodically to ensure that the Contractor collects quality data.

[END OF SECTION E]

SECTION F - DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

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):

https://www.acquisition.gov/browse/index/far.

NUMBER TITLE DATE

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

52.204-15 SERVICE CONTRACT REPORTING REQUIREMENT FOR OCT 2016

INDEFINITE DELIVERY CONTRACTS

52.242-15 STOP-WORK ORDER AUG 1989

52.242-15 STOP-WORK ORDER ALTERNATE 1 APR 1984

AIDAR (48 CFR CHAPTER 7)

752.7005 SUBMISSION REQUIREMENTS FOR DEVELOPMENT SEP 2013

EXPERIENCE DOCUMENTS

F.2 PERIOD OF PERFORMANCE

a. The period of performance for the IDIQ contract, including all Task Orders, is seven (7) years from the date of award.

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 last date of the ordering period, but must be completed no later than the end of the period of performance of the

IDIQ contract.

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

F.3 PLACE OF PERFORMANCE

Performance of this contract and task orders issued hereunder will be in Bangladesh.

F.4 PERFORMANCE STANDARDS

Evaluation of the Contractor’s performance must be conducted for each task order in accordance with the performance standards set forth in the Task Order, if any, the Contractor’s overall https://www.acquisition.gov/browse/index/far performance toward achievement of objectives in Section C, procedures set forth in Section E, provision of deliverables in Section F, and the Contractor’s compliance with all other terms and conditions of the IDIQ contract and task order. Each evaluation will be conducted jointly by the

TOCOR and TOCO, and must form the basis of the Contractor’s permanent performance record with regard to this Contract and task orders as required in FAR part 42.15 and AIDAR 742.15.

The Contractor’s performance will be evaluated and documented annually in the Contractor

Performance Assessment Reporting System (CPARS) and the Contractor will have the opportunity to review and respond to the documented feedback.

The following general performance standards will form the basis of the evaluation for the

Contractor Performance Assessment Report (CPAR):

1. Quality of Product and Service

2. Schedule/Timeliness

3. Cost Control

4. Management

5. Regulatory Compliance

6. Small business subcontracting (as applicable)

7. Other (as applicable) (e.g., late or nonpayment to subcontractors, trafficking violations, tax delinquency, failure to report in accordance with contract terms and conditions, terminations, suspension and debarments).

Evaluations will be tailored to the task order type, size, content, and complexity of the requirement.

F.5 AUTHORIZED WORK DAY/WEEK

No overtime or premium pay is authorized under this Contract.

a. For non-overseas/home office employees

The length of the Contractor’s workday for U.S. non- overseas employees shall be in accordance with the contractor’s established policies and shall not be less than 8 hours per day and 40 hours per week.

b. Overseas employees

The work week of the Contractor’s overseas employees shall not be less than 40 hours and shall be scheduled to coincide with the work week for those employees of the

USAID/Bangladesh and the Cooperating Country associated with the work of this

c. Short Term Technical Assistance

STTA personnel are authorized a six (6) day workweek with prior written concurrence of the TOCOR and approval of the TOCO, with no premium pay.

F.6 KEY PERSONNEL

a. The Key Personnel that contractor must furnish for the period of performance of this

IDIQ contract are as follows:

i. Chief of Party: 100% LOE

ii. TBD

iii. TBD

iv. TBD

v. TBD

b. Qualification and roles of Key Personnel

i. Role – TBD

ii. Minimum Requirements- TBD

Prior to replacing any of the specified individuals, the contractor must immediately notify the

Task Order Contracting Officer and Task Order Contracting Officer’s Representative (TOCOR), preferably 30 days prior to the key personnel departure but at a minimum two (2) weeks in advance and must submit written justification (including the proposed replacement or timeline to replace) in sufficient detail to permit the evaluation of the impact on the activity. No replacement of key personnel may be made by the contractor without the prior written approval of the Task

Order Contracting Officer.

F.7 REPORTS AND PERFORMANCE OBJECTIVES OR OUTPUTS

In addition to the requirements set forth for submission of reports in this Section of the contract, and in accordance with AIDAR 752.242-70, Periodic Progress Reports, the Contractor must submit reports, deliverables or outputs as specified in the individual task orders to the TOCOR specified in Section G with a copy to the Task Order Contracting Officer, unless otherwise requested in Section F.8, DELIVERY SCHEDULE FOR REPORTS/DELIVERABLES. See

Section F for a full listing of all deliverables. All reports must reflect professional quality of writing, both in Bangla and English, as required.

The contractor must submit the reports and deliverables as outlined below. All written documentation for submission to USAID/Bangladesh must be in English. Other documents, such as activity fact sheets and developed materials, may be required in English and in Bangla. All reports and deliverables shall be submitted electronically using Microsoft, Excel, PowerPoint or

Adobe PDF formats, as appropriate. Unless otherwise noted below, narrative reports must be submitted in Microsoft Word or PDF and budgets in Excel. The budget file in Excel will always include the calculation formulas. The reports must address the specific outcomes as mentioned in the performance standards stated in Attachment J.1 (SOO), Section F (DELIVERIES OR

PERFORMANCE), and other relevant sections of the award document. The contractor must promptly notify the Task Order Contracting Officer and TOCOR of any problems, delays, or adverse conditions which materially or potentially impair the Contractor’s ability to meet the reporting requirements of the Contract.

Plans and Reports shall align with the U.S. government fiscal year.

All technical reports and deliverables are subject to approval by the USAID/Bangladesh

TOCOR.

Additionally, all data produced or purchased under this contract will be reported in accordance with USAID’s Open Data policies as described in Section H under “Submission of Datasets to the Development Data Library (DDL)”.

A description of the required reports and due dates are stated in the following section.

F.7.1 REPORTS (IDIQ CONTRACT AND TASK ORDERS)

The IDIQ contract and/or subsequent Task Order contracts will require, but not be limited to, the following reports:

Report Version Due Date Submit to:

(1) Annual Work Plan

(Task Order)

Draft of

First Annual

Work Plan

60 calendar days after award of Task Order contract TOCOR

Final First

Annual

Work Plan

14 calendar days after receipt of COR comments TOCOR

Draft of

Annual

Work Plan

30 calendar days prior to the expiration of each fiscal year TOCOR

Final Annual

Work Plan

14 calendar days after receipt of COR comments

TOCOR

(2)

Monitoring, Evaluation, and

Learning (MEL) Plan

(Task Order)

Draft of

MEL Plan

30 calendar days after Work

Plan approved

TOCOR

Final MEL

Plan

14 calendar days after receipt of COR comments

TOCOR

(3)

Communication and

Outreach Strategy

(IDIQ)

Draft 60 calendar days after IDIQ contract award date

COR

Final 14 calendar days after receipt of COR comments

COR

(4) Gender and Inclusion Draft 90 calendar days after IDIQ COR

Strategy (IDIQ) contract award date

Final 14 calendar days after receipt of COR comments

COR

(5) Grants Manual (IDIQ) Final 90 calendar days after IDIQ contract award date

COR

(6) Quarterly Progress

Report (Task Order)

Draft January 15, April 15, July 15 TOCOR

Final 14 calendar days after receipt of COR comments

TOCOR

(7) Annual Report (Task

Order)

Draft Annually no later than

October 30

TOCOR

Final 14 calendar days after receipt of COR comments

TOCOR

(8) Financial Report

(Task Order)

Final January 15, April 15, July 15, October 15

TOCOR

(9) Quarterly Accrual

Report (Task Order)

Final March 15, June 15, September 15, December 15

TOCOR

(10)

Standard Foreign

Assistance Indicators

Reporting (Task

Order)

Final September 30

TOCOR

(11)

Closeout and

Demobilization Plan

(IDIQ and Task

Order)

Final

90 days prior to the end of award

TOCOR

(12)

USAID Education

Policy Reporting

(Task Order)

TBD TBD

TOCOR

(13) Final Report (IDIQ and Task Order)

Draft 30 calendar days prior to the end of the award

TOCOR

Final 60 calendar days after the award expiration date

TOCOR

(14) Environmental

Mitigation and

Final With completion at every affected activity site

TOCOR;

Mission

Monitoring Report

(IDIQ and Task

Order)

Environment

Officer

(15)

Quality Assurance

Surveillance Plan

(QASP) (IDIQ)

Draft With submission of proposal

COR Final Within 30 days of IDIQ contract award

(16) Branding and Marking

Plan (IDIQ)

Draft With submission of proposal

OAA

Final Within 30 days of IDIQ contract award

(17) Security Plan

(RFTOP)

Draft With submission of Request for Task Order Proposal

TOCOR

Final Within 30 days of Task Order contract award date

(1) Annual Work Plan

The Annual Work Plan will be prepared in consultation with USAID/Bangladesh, the Directorate of Primary Education, and other relevant partners. The work plan must describe all contract activities and expected deliverables for the year. The contractor will develop work plan activities according to the estimated annual budgets in the contract, and will finalize the work plan based on comments from the TOCOR. Annual work plans are expected to reflect extensive discussions and joint planning exercises at the national and district levels. The Contractor must receive

TOCOR approval of the annual work plan before implementation.

The Contractor may propose periodic revisions to the Work Plan based on changing priorities and conditions. Such revisions may be submitted periodically in consultation with the TOCOR.

An executive summary of the Work Plan will be shared with stakeholders from the Government of Bangladesh, development partners, and humanitarian partners to ensure coordination and harmonization of efforts in Cox’s Bazar.

The annual work plan may include:

● Proposed activities and expected progress towards achieving results and performance measures tied to indicators agreed upon within the monitoring, evaluation, and learning

(MEL) plan;

● Timeline for implementation of the year’s proposed activities, including target completion dates;

● Deliverables, targets, anticipated results, and key indicators against which the Contractor will be evaluated;

● Examples of collaboration, learning, and adaptation;

● Information on how activities/tasks will be implemented;

● Key monitoring and evaluation activities planned to be conducted in that year;

● Personnel and staffing requirements to achieve expected outcomes;

● Major equipment to be procured;

● Details of collaboration with sub-contractors and other major partners;

● Detailed annual budget plan;

● Demobilization plan (Final year work plan only).

(2) Monitoring, Evaluation, and Learning (MEL) Plan

A Monitoring, Evaluation, and Learning (MEL) Plan outlines how the contractor intends to monitor performance against the results in the Performance Work Statement. The MEL plan must be informed by data that will establish the baseline for the activities and their expected targets for subsequent years.

The MEL Plan must discuss the method used to select beneficiary schools and communities; it must include a plan for gathering baseline data in intervention schools/communities, as well as for gathering outcome data periodically: monthly, semi-annually, and/or annually, and in the final year of implementation. The MEL Plan must include the rationale, methodology, data collection tools, data sources, and targets for achieving and maintaining results for the life of the activity. The MEL Plan must also describe how and when data will be reflected upon and used to inform learning and adaptation.

During the initial activity planning period, the contractor will work closely with USAID to develop the MEL Plan. The contractor must finalize the MEL Plan following comments from the

COR and resubmit for the COR’s approval. The approved MEL plan will be effective for the life of the contract and may be revised as appropriate in collaboration with USAID and evolving requirements, and only with prior approval in writing from the COR.

The MEL Plan must include indicators to measure progress towards the result areas outlined in the Performance Work Statement. The core indicators included in the MEL Plan should be consistent with relevant Standard Foreign Assistance indicators and Government of Bangladesh indicators, as appropriate. The contractor can suggest additional supplementary indicators to track and monitor program implementation and progress. The MEL plan must disaggregate data by sex and, where appropriate and feasible, by students’ grade-level and disability status. The

MEL Plan must include the Performance Indicators Reference Sheets for each indicator in an annex. The final MEL Plan will be approved by the COR. The MEL Plan may be shared with government counterparts and education partners to ensure coordination and harmonization of efforts in the education sector.

Key components of the MEL Plan typically include:

● The activity’s monitoring approach, including relevant performance indicators of activity outputs and outcomes;

● Gender indicators and plans to monitor and analyze gender disparities

● Plans for collaborating with any external evaluations planned by the Mission or other stakeholders/partners;

● Any proposed internal evaluations;

● Learning activities;

● Roles and responsibilities for all proposed monitoring, evaluation and learning actions;

● Performance Indicator Tracking Table that includes all indicators by each objective/purpose and their baselines, disaggregate levels, and annual target values; and,

● Performance Indicator Reference Sheet for each indicator included in the Performance

Indicator Tracking Table.

USAID may use third party monitors and/or contractors to audit and verify data collected and submitted to USAID. USAID may also conduct a performance evaluation of this award that may use sampling methods that may include lot quality assurance for verification. Site visits may occur any time throughout the life of the activity.

If at any time the activity should undertake construction/capital improvements or other activities with environmental impact, the contractor must follow the monitoring and quality assurance provisions of the Initial Environmental Examination included in Attachment J.8.

(3) Communication and Outreach Strategy

USAID seeks to share its work through frequent communication and outreach efforts in English and Bangla via traditional and social media outlets that highlight beneficiaries, promote success stories, and identify activity progress. The contractor must develop a Communication and

Outreach Strategy to disseminate the work and impact of Esho Shikhi to local (Bangladeshi) and international (American and others) audiences. Such a strategy should try and address: key messages, social media, photography, video, success stories, media engagement, and public events. The strategy and key messages must be approved by USAID/Bangladesh and contribute content towards the outreach channels of USAID/Bangladesh and U.S. Embassy Dhaka.

(4) Gender and Inclusion Strategy

Based on the gender and inclusion findings of the Community Needs Assessments, the

Contractor must develop a Gender and Inclusion Strategy describing how gender will be integrated into all phases of Esho Shikhi, including activity work planning, implementation, monitoring, and staffing.

(5) Grants Manual

The Contractor must submit a Grants Manual detailing the sub-granting procurement process.

(6) Quarterly Progress Report

The Quarterly Progress Report will summarize the activity highlights, achievements, and major components; summary of grant implementation and appraisal; problems encountered and proposed remedial actions; environmental compliance requirements (if applicable in the case of construction or other activities with environmental impact); and quarterly success stories. The quarterly report must be written clearly and concisely in grammatically correct English.

The Quarterly Progress Report may include:

● An Executive Summary that can be shared with Government of Bangladesh counterparts and education sector partners.

● An activity overview.

● An executive summary that covers key results and achievements during the reporting period as well as major problems encountered and lessons learned.

● An update on activity implementation that includes an indicator performance tracking table, justification when there is 10% or more variation against the target, a detailed progress narrative, and implementation challenges and opportunities.

● Discussion of partnerships, collaboration, and/or knowledge sharing with other USAID activities, education sector stakeholders, and/or development partners.

● Discussion of cross-cutting issues such as gender, inclusion of people and children with disabilities, and youth development.

● Discussion of management and administrative issues, such as constraints and critical issues, personnel changes, and proposed adaptations of the activity.

● Discussion of the results of analytical work, assessments, evaluations, and lessons learned, with a focus on how recommendations are being used to adapt and improve activity performance.

● Discussion of gender and inclusion, including: how any perceived gaps between men/women and boys/girls are being addressed, what new opportunities for men and women were created, what differential negative impacts on males/females (including risk of gender-based violence) were addressed or avoided; and identification of remaining or emergent gender inequalities.

● Discussion of what the activity has done to advance sustainability.

● Discussion of measures taken to ensure conflict sensitivity and “do no harm.”

● Elaboration of major activities planned for the next quarter.

● Discussion of communications and outreach efforts.

● Social media stories and success stories that highlight beneficiaries, successes, progress, and activities. These must be well-written and include accompanying pictures and graphics that can be shared by USAID on social media and other media outlets.

If at any time the activity should undertake construction/capital improvements or other activities with environmental impact, the implementing partner’s quarterly reports to USAID must also contain a section specific to Environmental Compliance and include activity summaries along with environmental impacts, success or failure of mitigation measures being implemented, results of environmental monitoring, and any major modifications/revisions to the activity, mitigation measures or monitoring procedures.

(7) Annual Report

The Contractor will provide to USAID a concise annual report in lieu of the fourth quarterly report. The Annual Report will include progress of major activities from the previous fiscal year, including the district situation; activity highlights; monitoring, evaluation, and learning; student learning data to date; problems encountered; and…