72039122Q00011 (signed).pdf

02/23/22

Penelope Angela Thomas (affiliate)

Digitally signed by Penelope Angela Thomas (affiliate) Date: 2022.02.23 15:25:18 +05'00'

SECTION I – SCOPE OF WORK:

ENTREPRENEUR TRAINING

I. SCOPE

The selected vendor will be responsible for delivering;

A. Entrepreneurship skills development services, B. Market assessment of entrepreneurship landscape in Pakistan and internationally, and C. Key local and international stakeholders and funding opportunities for entrepreneurship and start-ups.

The Vendor will arrange for group and individualized sessions, specifically on skills development services and funding opportunities available which are outlined in further sections of this SOW.

Specific deliverables will be listed in the technical specifications/services & deliverables sections of this SOW. The selected vendor will coordinate its activities with the USAID Point of Contact (PoC), whose name will be provided at the time of award of the purchase order.

II. OBJECTIVES

To build the entrepreneurial capacity and assistance in tapping start-up funding opportunities for USAID’s interested employees.

III. BACKGROUND

The United States Agency for International Development (USAID) Mission in Pakistan seeks the services of consultants/firms to conduct training, capacity building sessions and accessing start-up funding opportunities for up to or approximately 155 USAID employees working in the area of international development (hereinafter referred to as “client-employees”). The client-employees are largely located in Islamabad with others located in Karachi, Lahore, and Peshawar. The services should be available in English and Urdu and should focus on the local and to the extent feasible, the international entrepreneurship opportunities relevant to the client employee’s needs.

In addition to the Vendor’s technical expertise and experience, key qualifications should include fluency in both English and Urdu - this could be made available through local partners or by engaging translators -, the ability to handle sensitive issues with the utmost discretion, and the ability to work efficiently under stressful circumstances. A complete list of names along with positions and qualifications will be provided when a contract is executed for the services described herein.

IV. TECHNICAL SPECIFICATIONS/SERVICES & DELIVERABLES

The Vendor shall deliver specific, customized services to address the client-employee needs outlined below. The specific activities listed are illustrative and interested offerors may propose other services in addition to or in lieu of those enumerated below, provided they describe why and/or how such services will contribute to the objective of this work.

A. Entrepreneurship skills development services (group and individual session):

A comprehensive training program for entrepreneurship skills development for client employees interested in venturing into entrepreneurship. The program should incorporate the entrepreneurship spectrum from basic knowledge of key concepts to advanced planning and execution tools. Examples of topics to be included are listed below:

Starting a business: Business registration, registration options, legal and regulatory requirements, timelines, taxation and other considerations, etc., Incubation and acceleration of business ideas, resources and opportunities available, Business plans: business model and financial plan development, growth strategy for investors, business pitch, etc., Business growth planning and management: marketing, branding, positioning, customer conversion, market research, customer acquisition strategies, growth strategies for tech/non-tech businesses and pricing

Accounting for small businesses: bookkeeping, financial statements development, taxation, financial readiness, Digital marketing: Understanding the basics of digital marketing and strategies, search engine optimization (SEO) and use for marketing, marketing through social media, introduction of “Growth Hacking” and linking social media with it, Marketing through emails, advanced level digital marketing tools for customer on boarding, Using international platforms: Understanding the registration and enlistment requirements of international platforms i.e. Amazon and all associated costs, key aspects to consider while selling on an international platform and how to plan for product selection, pricing, SEO, logistics and other requirements.

All of the skills development material should also be compiled as a user guide manual for the client employees. Based on the outcome of the skills development program, the vendor should be able to provide one-on-one guidance/ assistance to a certain percentage (TBD) of client employees who are at an advanced stage of their start-up idea/ ventures with respect to services offered under the program.

B. Market assessment of entrepreneurship landscape in Pakistan and internationally:

The selected vendor should conduct a comprehensive market assessment of the entrepreneurship/ start-ups landscape in Pakistan and internationally to identify feasible opportunities for client employees. At the minimum, the assessment should identify successful domestic and international entrepreneurship trends, outlook for future suitable and progressive sectors for client employees, and funding opportunities tapped by the successful entrepreneurs in Pakistan.

C. Key local and international stakeholders and funding opportunities for entrepreneurship and start-ups

The vendor should identify key local and international stakeholders and the funding opportunities for the entrepreneurship and start-ups including but not limited to government departments, incubators, accelerators, donors, international and local investors. This deliverable should include information such as contact information, funding/ eligibility requirements, document checklist, relevant events and deadlines, etc. The vendor should be able to link a certain percent (TBD) of client employees, who are at an advanced stage of their start-up ideas/ ventures to relevant stakeholders such as incubators, accelerators, donors, and investors.

V. DELIVERY

1. Inspection and Acceptance

USAID inspection and acceptance of services, reports and other required deliverables or outputs shall take place at:

U.S. Agency for International Development USAID/Pakistan Diplomatic Enclave Islamabad, Pakistan or at any other location where the services are performed and reports and deliverables or outputs are produced or submitted. The COR (that will be designated through a separate COR letter) has delegated authority to inspect and accept all services, reports and required deliverables or outputs.

2. Payment Schedule and Invoicing

The Office of Financial Management will serve as the paying office for this Purchase Order:

USAID/Pakistan Office of Financial Management U.S. Embassy Diplomatic Enclave Ramna 5 Islamabad, Pakistan

One (1) original invoice shall be submitted on an SF 1034 Public Voucher for Purchases and Services Other Than Personnel to the paying office. The Contractor must email payment voucher at PakistanAccountsPay@usaid.gov. If invoices are submitted electronically, a paper copy is not required. A copy of the SF 1034 is available at http://www.gsa.gov/portal/forms/type/SF.

A request for payment is not considered properly submitted unless the claim (SF 1034) has been properly prepared and is accompanied by all required supporting documentation.

Payment will be made per the Contract terms, in PAK Rupees after acceptance of the Contract deliverable by the Contracting Officer’s Representative (COR). The Contractor shall simultaneously forward a copy of the signed voucher, supporting documents and invoice to PakistanAccountsPay@usaid.gov. USAID Pakistan will do one full and final payment upon receipt and acceptance of the final complete report.

3. Contracting Officer’s Authority

The Contracting Officer is the only person authorized to make or approve any changes in the requirements of this order and notwithstanding any provisions contained elsewhere in this order, 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 shall be considered to have been made without authority and no adjustment shall be made in the contract terms and conditions, including price.

4. Technical Directions

Technical Directions during the performance of this delivery order shall be provided by the Contracting Officer’s Representative (COR) as indicated in the COR designation letter. The COR or his/her alternate is authorized to accept or reject deliverables under this contract. The COR shall make the final inspection and accept or reject for the Government.

5. Period of Performance

The period of performance of this Purchase Order starts from the date of the award until a time set as mutually agreed between USAID and the contractor.

6. Place of Performance

Depending on the tasks involved, this work will be performed in one or more locations inside Pakistan, as per the statement of work (SOW) requirement.

7. Office of Inspector General (OIG) Hotline

The USAID Office of the Inspector General's (OIG) mission is to protect the integrity of USAID programs and awards. Additionally, the Office of Inspector General provides independent oversight that promotes the efficiency, effectiveness, and integrity of foreign assistance programs and operations under USAID OIG's jurisdiction. The purpose of the OIG Hotline is to receive complaints of fraud, waste, or abuse in our client agencies' programs and operations, including mismanagement or violations of law, rules, or regulations by employees or program participants.

Fraud, waste, and abuse are defined as:

(a) Fraud is defined as the wrongful or criminal deception intended to result in financial or personal gain. Fraud includes false representation of fact, making false statements, or by concealment of information.

(b) Waste is defined as the thoughtless or careless expenditure, mismanagement, or abuse of resources to the detriment (or potential detriment) of the U.S. government. Waste also includes incurring unnecessary costs resulting from inefficient or ineffective practices, systems, or controls.

(c) Abuse is defined as excessive or improper use of a thing, or to use something in a manner contrary to the natural or legal rules for its use. Abuse can occur in financial or non financial settings.

� By completing an online form on our website: https://oig.usaid.gov/report-fraud � By email: ig.hotline@usaid.gov � By telephone: 1-800-230-6539 (Toll-Free) or 202-712-1023 � By mail: U.S. Agency for International Development Office of Inspector General P.O. Box 657 Washington, DC 20044 065 OIG Hotline Operations will provide anyone protected under Federal whistleblower statutes the protections required under law.

8. Executive Order on Terrorism Financing

The Contractor/Recipient is reminded that U.S. Executive Orders and U.S. law prohibits transactions with, and the provision of resources and support to, individuals and organizations associated with terrorism. It is the legal responsibility of the Contractor/recipient to ensure compliance with these Executive Orders and laws. This Provision must be included in all subcontracts/sub awards issued under this contract/agreement.

9. Authorized Geographic Code

The authorized geographic code (see 22 CFR 228.1) for the procurement of commodities and services for any award resulting from this RFQ is 937 (the United States, the cooperating/Recipient country, and developing countries other than advanced developing countries, but excluding any country that is a prohibited source.)

USAID maintains a list of developing countries, advanced developing countries, and prohibited sources, which is available in USAID’s Automated Directives System, ADS 310.

See http://www.usaid.gov/policy/ads/300/310maa.pdf.

SECTION II – TERMS AND CONDITIONS

NOTICE LISTING CLAUSES INCORPORATED BY REFERENCE

This contract incorporates one or more clauses by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252 2, with same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their text available. Also, the full text of a clause may be accessed electronically at this address:

http://farsite.hill.af.mil/vffara.htm

CONTRACT CLAUSES

52.203 15 Whistleblower Protections under the American Recovery and Reinvestment Act of

2009 (JUN 2010)

52.204 2 Security Requirements. (AUG 1996)

52.204 9 Personal Identity Verification of Contractor Personnel. (JAN 2011)

52.204 10 Reporting Executive Compensation and First Tier Subcontract Awards. (OCT 2016)

52.204 12 Unique Entity Identifier Maintenance.

52.204 13 System for Award Management Maintenance. (OCT 2016)

52.207 5 Option to Purchase Equipment. (FEB 1995)

52.208 9 Contractor Use of Mandatory Sources of Supply or Services. (MAY 2014)

52.209 9 Updates of Publicly Available Information Regarding Responsibility Matters. (JUL 2013)

52.209 10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015)

52.211 5 Material Requirements. (AUG 2000)

52.215 2 Audit and Records Negotiation. (OCT 2010) Alternate I (MAR 2009)

52.222 12 Contract Termination Debarment. (MAY 2014)

52.222 15 Certification of Eligibility. (MAY 2014)

52.222 19 Child Labor Cooperation with Authorities and Remedies. (JAN 2018)

52.222 20 Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000. (MAY 2014)

52.222 26 Equal Opportunity. (SEP 2016)

52.222 26 Equal Opportunity. (SEP 2016) Alternate I (FEB 1999)

52.223 3 Hazardous Material Identification and Material Safety Data. (JAN 1997)

52.223 3 Hazardous Material Identification and Material Safety Data. (Alternate I) (JAN 1997)

52.223 6 Drug Free Workplace. (MAY 2001)

52.223 12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners. (JUN 2016)

52.223 18 Encouraging Contractor Policies To Ban Text Messaging While Driving. (AUG 2011)

52.225 1 Buy American Supplies. (MAY 2014)

52.232 1 Payments. (APR 1984)

52.232 18 Availability of Funds. (APR 1984)

52.232 25 Prompt Payment. (JAN 2017)

52.243 1 Changes Fixed Price. (AUG 1987)

52.243 1 Changes Fixed Price. (AUG 1987) Alternate I (APR 1984)

52.243 1 Changes Fixed Price. (AUG 1987) Alternate II (APR 1984)

52.243 1 Changes Fixed Price. (AUG 1987) Alternate IV (APR 1984)

52.243 1 Changes Fixed Price. (AUG 1987) Alternate V (APR 1984)

52.244 6 Subcontracts for Commercial Items. (NOV 2017)

52.245 1 Government Property. (JAN 2017)

52.247 21 Contractor Liability for Personal Injury and/or Property Damage. (APR 1984)

52.247 23 Contractor Liability for Loss of and/or Damage to Household Goods. (JAN 1991)

52.247 25 Government Furnished Equipment with or Without Operators. (APR 1984)

52.249 1 Termination for Convenience of the Government (Fixed Price) (Short Form). (APR 1984)

52.249 14 Excusable Delays. (APR 1984)

52.222 36 Equal Opportunity for Workers with Disabilities. (JUL 2014)

a. Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60 741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals based on disability and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

b. Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings. (End of clause)

52.222 50 Combating Trafficking in Persons. (MAR 2015)

a. Definitions. As used in this clause Agent means any individual, including a director, an officer, an employee, or an independent contractor, authorized to act on behalf of the organization.

Coercion means

1. Threats of serious harm to or physical restraint against any person;

2. Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or

3. The abuse or threatened abuse of the legal process. Commercial sex act means any sex act on account of which anything of value is given to or received by any person.

Commercially available off the shelf (COTS) item means

1. Any item of supply (including construction material) that is

2. A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

3. Sold in substantial quantities in the commercial marketplace; and offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

4. Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products. Debt bondage means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined.

Employee means an employee of the Contractor directly engaged in the performance of work under the contract who has other than a minimal impact or involvement in contract performance. Forced Labor means knowingly providing or obtaining the labor or services of a person

1. By threats of serious harm to, or physical restraint against, that person or another person;

2. By means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; or

3. By means of the abuse or threatened abuse of law or the legal process. Involuntary servitude includes a condition of servitude induced by means of

1. Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such conditions, that person or another person would suffer serious harm or physical restraint; or

2. The abuse or threatened abuse of the legal process.

Severe forms of trafficking in persons means

1. Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or

2. The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. Sex trafficking means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.

Subcontract means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. Subcontractor means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor or another subcontractor. United States means the 50 States, the District of Columbia, and outlying areas.

b. Policy. The United States Government has adopted a policy prohibiting trafficking in persons including the trafficking related activities of this clause.

Contractors, contractor employees, and their agents shall not

1. Engage in severe forms of trafficking in persons during the period of performance of the contract;

2. Procure commercial sex acts during the period of performance of the contract;

3. Use forced labor in the performance of the contract;

4. Destroy, conceal, confiscate, or otherwise deny access by an employee to the employee's identity or immigration documents, such as passports or drivers' licenses, regardless of issuing authority;

(5)(i) Use misleading or fraudulent practices during the recruitment of employees or offering of employment, such as failing to disclose, in a format and language accessible to the worker, basic information or making material misrepresentations during the recruitment of employees regarding the key terms and conditions of employment, including wages and fringe benefits, the location of work, the living conditions, housing and associated costs (if employer or agent provided or arranged), any significant cost to be charged to the employee, and, if applicable, the hazardous nature of the work;

(ii) Use recruiters that do not comply with local labor laws of the country in which the recruiting takes place;

6. Charge employees’ recruitment fees;

(7)(i) Fail to provide return transportation or pay for the cost of return transportation upon the end of employment

1. For an employee who is not a national of the country in which the work is taking place and who was brought into that country for the purpose of working on a U.S. Government contract or subcontract (for portions of contracts performed outside the United States); or for an employee who is not a United States national and who was brought into the United States for the purpose of working on a U.S. Government contract or subcontract, if the payment of such costs is required under existing temporary worker programs or pursuant to a written agreement with the employee (for portions of contracts performed inside the United States); except that the requirements of paragraphs (b)(7)(i) of this clause shall not apply to an employee who is

1. Legally permitted to remain in the country of employment and who chooses to do so; or

2. Exempted by an authorized official of the contracting agency from the requirement to provide return transportation or pay for the cost of return transportation.

iii. The requirements of paragraph (b)(7)(i) of this clause are modified for a victim of trafficking in persons who is seeking victim services or legal redress in the country of employment, or for a witness in an enforcement action related to trafficking in persons. The contractor shall provide the return transportation or pay the cost of return transportation in a way that does not obstruct the victim services, legal redress, or witness activity. For example, the contractor shall not only offer return transportation to a witness at a time when the witness is still needed to testify. This paragraph does not apply when the exemptions at paragraph (b)(7)(ii) of this clause apply.

8. Provide or arrange housing that fails to meet the host country housing and safety standards; or

9. If required by law or contract, fail to provide an employment contract, recruitment agreement, or other required work document in writing. Such written work document shall be in a language the employee understands. If the employee must relocate to perform the work, the work document shall be provided to the employee at least five days prior to the employee relocating. The employee's work document shall include, but is not limited to, details about work description, wages, prohibition on charging recruitment fees, work location(s), living accommodations and associated costs, time off, roundtrip transportation arrangements, grievance process, and the content of applicable laws and regulations that prohibit trafficking in persons.

c. Contractor requirements.

The Contractor shall

1. Notify its employees and agents officials. The United States Government's policy prohibiting trafficking in persons, described in paragraph (b) of this clause; and ii. The actions that will be taken against employees or agents for violations of this policy. Such actions for employees may include, but are not limited to, removal from the contract, reduction in benefits, or termination of employment; and

2. Take appropriate action, up to and including termination, against employees, agents, or subcontractors that violate the policy in paragraph (b) of this clause.

d. Notification.

(1) The Contractor shall inform the Contracting Officer and the agency Inspector General immediately officials.

Any credible information it receives from any source (including host country law enforcement) that alleges a Contractor employee, subcontractor, subcontractor employee, or their agent has engaged in conduct that violates the policy in paragraph (b) of this clause (see also 18 U.S.C. 1351, Fraud in Foreign Labor Contracting, and 52.203 13(b)(3)(i)(A), if that clause is included in the solicitation or contract, which requires disclosure to the agency Office of the Inspector General when the Contractor has credible evidence of fraud); and ii.Any actions taken against a Contractor employee, subcontractor, subcontractor employee, or their agent pursuant to this clause.

(2) If the allegation may be associated with more than one contract, the Contractor shall inform the contracting officer for the contract with the highest dollar value.

e. Remedies. In addition to other remedies available to the Government, the Contractor's failure to comply with the requirements of paragraphs (c), (d), (g), (h), or (i) of this clause may result in

1. Requiring the Contractor to remove a Contractor employee or employees from the performance of the contract;

2. Requiring the Contractor to terminate a subcontract;

3. Suspension of contract payments until the Contractor has taken appropriate remedial action;

4. Loss of award fee, consistent with the award fee plan, for the performance period in which the Government determined Contractor non compliance;

5. Declining to exercise available options under the contract;

6. Termination of the contract for default or cause, in accordance with the termination clause of this contract; or

7. Suspension or debarment.

f. Mitigating and aggravating factors.

When determining remedies, the Contracting Officer may consider the following:

1. Mitigating factors. The Contractor had a Trafficking in Persons compliance plan or an awareness program at the time of the violation, was in compliance with the plan, and has taken appropriate remedial actions for the violation, that may include reparation to victims for such violations.

2. Aggravating factors. The Contractor failed to abate an alleged violation or enforce the requirements of a compliance plan, when directed by the Contracting Officer to do so.

g. Full cooperation.

(1) The Contractor shall, at a minimum disclose to the agency Inspector General information sufficient to identify the nature and extent of an offense and the individuals responsible for the conduct;

i. Provide timely and complete responses to Government auditors' and investigators' requests for documents;

j. Cooperate fully in providing reasonable access to its facilities and staff (both inside and outside the U.S.) to allow contracting agencies and other responsible Federal agencies to conduct audits, investigations, or other actions to ascertain compliance with the Trafficking Victims Protection Act of 2000 (22 U.S.C. chapter 78), E.O. 13627, or any other applicable law or regulation establishing restrictions on trafficking in persons, the procurement of commercial sex acts, or the use of forced labor; and

iv. Protect all employees suspected of being victims of or witnesses to prohibited activities, prior to returning to the country from which the employee was recruited and shall not prevent or hinder the ability of these employees from cooperating fully with Government authorities.

2. The requirement for full cooperation does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not i Require the Contractor to waive its attorney client privilege or the protections afforded by the attorney work product doctrine;

ii.Require any officer, director, owner, employee, or agent of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; or iii.Restrict the Contractor from A. Conducting an internal investigation; or B. Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.

h. Compliance plan.

(1) This paragraph (h) applies to any portion of the contract that i.Is for supplies, other than commercially available off the shelf items, acquired outside the United States, or services to be performed outside the United States; and ii.Has an estimated value that exceeds $500,000.

2. The Contractor shall maintain a compliance plan during the performance of the contract that is appropriate

i. To the size and complexity of the contract; and ii.To the nature and scope of the activities to be performed for the Government, including the number of non United States citizens expected to be employed and the risk that the contract or subcontract will involve services or supplies susceptible to trafficking in persons.

3. Minimum requirements. The compliance plan must include, at a minimum, the following:

.An awareness program to inform contractor employees about the Government's policy prohibiting trafficking related activities described in paragraph (b) of this clause, the activities prohibited, and the actions that will be taken against the employee for violations. Additional information about Trafficking in Persons and examples of awareness programs can be found at the Web site for the Department of State's Office to Monitor and Combat Trafficking in Persons at http://www.state.gov/j/tip/.

i.A process for employees to report, without fear of retaliation, activity inconsistent with the policy prohibiting trafficking in persons, including a means to make available to all employees the hotline phone number of the Global Human Trafficking Hotline at 1 844 888 FREE and its email address at help@befree.org.

iii. A recruitment and wage plan that only permits the use of recruitment companies with trained employees, prohibits charging recruitment fees to the employee, and ensures that wages meet applicable host country legal requirements or explains any variance.

iv. A housing plan, if the Contractor or subcontractor intends to provide or arrange housing, that ensures that the housing meets host country housing and safety standards.

v. Procedures to prevent agents and subcontractors at any tier and at any dollar value from engaging in trafficking in persons (including activities in paragraph (b) of this clause) and to monitor, detect, and terminate any agents, subcontracts, or subcontractor employees that have engaged in such activities.

4. Posting.

(i) The Contractor shall post the relevant contents of the compliance plan, no later than the initiation of contract performance, at the workplace (unless the work is to be performed in the field or not in a fixed location) and on the Contractor's Web site (if one is maintained). If posting at the workplace or on the Web site is impracticable, the Contractor shall provide the relevant contents of the compliance plan to each worker in writing.

(ii) The Contractor shall provide the compliance plan to the Contracting Officer upon request.

5. Certification. Annually after receiving an award, the Contractor shall submit a certification to the Contracting Officer that

i. It has implemented a compliance plan to prevent any prohibited activities identified at paragraph

(b) of this clause and to monitor, detect, and terminate any agent, subcontract or subcontractor employee engaging in prohibited activities; and

ii. After having conducted due diligence, either

1. To the best of the Contractor's knowledge and belief, neither it nor any of its agents, subcontractors, or their agents is engaged in any such activities; or

2. If abuses relating to any of the prohibited activities identified in paragraph (b) of this clause have been found, the Contractor or subcontractor has taken the appropriate remedial and referral actions.

i. Subcontracts.

(1) The Contractor shall include the substance of this clause, including this paragraph (i), in all subcontracts and in all contracts with agents. The requirements in paragraph (h)of this clause apply only to any portion of the subcontract that

1. Is for supplies, other than commercially available off the shelf items, acquired outside the United States, or services to be performed outside the United States; and

2. Has an estimated value that exceeds $500,000.

(2) If any subcontractor is required by this clause to submit a certification, the Contractor shall require submission prior to the award of the subcontract and annually thereafter. The certification shall cover the items in paragraph (h)(5) of this clause.

(End of Clause)

52.222 50 Combating Trafficking in Persons. (MAR 2015) Alternate I (MAR 2015)

a. Definitions. As used in this clause Agent means any individual, including a director, an officer, an employee, or an independent contractor, authorized to act on behalf of the organization.

Coercion means

1. Threats of serious harm to or physical restraint against any person;

2. Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or

3. The abuse or threatened abuse of the legal process. Commercial sex act means any sex act on account of which anything of value is given to or received by any person.

Commercially available off the shelf (COTS) item means

1. Any item of supply (including construction material) that is

i. A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

ii.Sold in substantial quantities in the commercial marketplace; and iii.Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

2. Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products. Debt bondage means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined. Employee means an employee of the Contractor directly engaged in the performance of work under the contract who has other than a minimal impact or involvement in contract performance.

Forced Labor means knowingly providing or obtaining the labor or services of a person

1. By threats of serious harm to, or physical restraint against, that person or another person;

2. By means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; or

3. By means of the abuse or threatened abuse of law or the legal process.

Involuntary servitude includes a condition of servitude induced by means of

1. Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such conditions, that person or another person would suffer serious harm or physical restraint; or

2. The abuse or threatened abuse of the legal process.

Severe forms of trafficking in persons means

1. Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or

2. The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. Sex trafficking means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.

Subcontract means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. Subcontractor means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor or another subcontractor.

United States means the 50 States, the District of Columbia, and outlying areas.

b. Policy.

The United States Government has adopted a policy prohibiting trafficking in persons including the trafficking related activities of this clause. Contractors, contractor employees, and their agents shall not

1. Engage in severe forms of trafficking in persons during the period of performance of the contract;

2. Procure commercial sex acts during the period of performance of the contract;

3. Use forced labor in the performance of the contract;

4. Destroy, conceal, confiscate, or otherwise deny access by an employee to the employee's identity or immigration documents, such as passports or drivers' licenses, regardless of issuing authority;

(5)(i) Use misleading or fraudulent practices during the recruitment of employees or offering of employment, such as failing to disclose, in a format and language accessible to the worker, basic information or making material misrepresentations during the recruitment of employees regarding the key terms and conditions of employment, including wages and fringe benefits, the location of work, the living conditions, housing and associated costs (if employer or agent provided or arranged), any significant cost to be charged to the employee, and, if applicable, the hazardous nature of the work;

(ii) Use recruiters that do not comply with local labor laws of the country in which the recruiting takes place;

6. Charge employees recruitment fees;

(7)(i) Fail to provide return transportation or pay for the cost of return transportation upon the end of employment

1. For an employee who is not a national of the country in which the work is taking place and who was brought into that country for the purpose of working on a U.S. Government contract or subcontract (for portions of contracts performed outside the United States); or

2. For an employee who is not a United States national and who was brought into the United States for the purpose of working on a U.S. Government contract or subcontract, if the payment of such costs is required under existing temporary worker programs or pursuant to a written agreement with the employee (for portions of contracts performed inside the United States); except that

ii. The requirements of paragraphs (b)(7)(i) of this clause shall not apply to an employee who is

1. Legally permitted to remain in the country of employment and who chooses to do so; or

2. Exempted by an authorized official of the contracting agency from the requirement to provide return transportation or pay for the cost of return transportation.

iii.The requirements of paragraph (b)(7)(i) of this clause are modified for a victim of trafficking in persons who is seeking victim services or legal redress in the country of employment, or for a witness in an enforcement action related to trafficking in persons. The contractor shall provide the return transportation or pay the cost of return transportation in a way that does not obstruct the victim services, legal redress, or witness activity. For example, the contractor shall not only offer return transportation to a witness at a time when the witness is still needed to testify. This paragraph does not apply when the exemptions at paragraph (b)(7)(ii) of this clause apply.

8. Provide or arrange housing that fails to meet the host country housing and safety standards; or

9. If required by law or contract, fail to provide an employment contract, recruitment agreement, or other required work document in writing. Such written work document shall be in a language the employee understands. If the employee must relocate to perform the work, the work document shall be provided to the employee at least five days prior to the employee relocating. The employee's work document shall include, but is not limited to, details about work description, wages, prohibition on charging recruitment fees, work location(s), living accommodations and associated costs, time off, roundtrip transportation arrangements, grievance process, and the content of applicable laws and regulations that prohibit trafficking in persons.

c. Contractor requirements.

The Contractor shall

1. Notify its employees and agents of (i)(A) The United States Government's policy prohibiting trafficking in persons described in paragraph (b) of this clause; and

(ii) The actions that will be taken against employees or agents for violations of this policy. Such actions for employees may include, but are not limited to, removal from the contract, reduction in benefits, or termination of employment; and

2. Take appropriate action, up to and including termination, against employees, agents, or subcontractors that violate the policy in paragraph (b) of this clause.

d. Notification.

10. The Contractor shall inform the Contracting Officer and the agency Inspector General immediately of

i. Any credible information it receives from any source (including host country law enforcement) that alleges a Contractor employee, subcontractor, subcontractor employee, or their agent has engaged in conduct that violates the policy in paragraph (b) of this clause (see also 18 U.S.C. 1351, Fraud in Foreign Labor Contracting, and 52.203 13(b)(3)(i)(A), if that clause is included in the solicitation or contract, which requires disclosure to the agency Office of the Inspector General when the Contractor has credible evidence of fraud); and ii.Any actions taken against a contractor employee, subcontractor, subcontractor employee, or their agent pursuant to this clause.

(2) If the allegation may be associated with more than one contract, the Contractor shall inform the contracting officer for the contract with the highest dollar value.

e. Remedies. In addition to other remedies available to the Government, the Contractor's failure to comply with the requirements of paragraphs (c), (d), (g), (h), or (i) of this clause may result in

1. Requiring the Contractor to remove a Contractor employee or employees from the performance of the contract;

2. Requiring the Contractor to terminate a subcontract;

3. Suspension of contract payments until the Contractor has taken appropriate remedial action;

4. Loss of award fee, consistent with the award fee plan, for the performance period in which the Government determined Contractor non compliance;

5. Declining to exercise available options under the contract;

6. Termination of the contract for default or cause, in accordance with the termination clause of this contract; or

7. Suspension or debarment.

f. Mitigating and aggravating factors. When determining remedies, the Contracting Officer may consider the following:

1. Mitigating factors. The Contractor had a Trafficking in Persons compliance plan or an awareness program at the time of the violation, was in compliance with the plan, and has taken appropriate remedial actions for the violation, that may include reparation to victims for such violations.

2. Aggravating factors. The Contractor failed to abate an alleged violation or enforce the requirements of a compliance plan, when directed by the Contracting Officer to do so.

g. Full cooperation.

(1) The Contractor shall, at a minimum

i. Disclose to the agency Inspector General information sufficient to identify the nature and extent of an offense and the individuals responsible for the conduct;

ii.Provide timely and complete responses to Government auditors' and investigators' requests for documents;

iii.Cooperate fully in providing reasonable access to its facilities and staff (both inside and outside the U.S.) to allow contracting agencies and other responsible Federal agencies to conduct audits, investigations, or other actions to ascertain compliance with the Trafficking Victims Protection Act of 2000 (22 U.S.C. chapter 78), E.O. 13627, or any other applicable law or regulation establishing restrictions on trafficking in persons, the procurement of commercial sex acts, or the use of forced labor; and

iv. Protect all employees suspected of being victims of or witnesses to prohibited activities, prior to returning to the country from which the employee was recruited, and shall not prevent or hinder the ability of these employees from cooperating fully with Government authorities.

2. The requirement for full cooperation does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not

i. Require the Contractor to waive its attorney client privilege or the protections afforded by the attorney work product doctrine;

ii.Require any officer, director, owner, employee, or agent of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; or

iii. Restrict the Contractor from

1. Conducting an internal investigation; or

2. Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.

h. Compliance plan.

(1) This paragraph (h) applies to any portion of the contract that

i. Is for supplies, other than commercially available off the shelf items, acquired outside the United States, or services to be performed outside the United States; and ii.Has an estimated value that exceeds $500,000.

2. The Contractor shall maintain a compliance plan during the performance of the contract that is appropriate

i. To the size and complexity of the contract; and ii.To the nature and scope of the activities to be performed for the Government, including the number of non United States citizens expected to be employed and the risk that the contract or subcontract will involve services or supplies susceptible to trafficking in persons.

3. Minimum requirements. The compliance plan must include, at a minimum, the following:

i.An awareness program to inform contractor employees about the Government's policy prohibiting trafficking related activities described in paragraph (b) of this clause, the activities prohibited, and the actions that will be taken against the employee for violations. Additional information about Trafficking in Persons and examples of awareness programs can be found at the Web site for the Department of State's Office to Monitor and Combat Trafficking in Persons at http://www.state.gov/j/tip/.

ii. A process for employees to report, without fear of retaliation, activity inconsistent with the policy prohibiting trafficking in persons, including a means to make available to all employees the hotline phone number of the Global Human Trafficking Hotline at 1 844 888 FREE and its email address at help@befree.org.

iii. A recruitment and wage plan that only permits the use of recruitment companies with trained employees, prohibits charging recruitment fees to the employee, and ensures that wages meet applicable host country legal requirements or explains any variance.

iv. A housing plan, if the Contractor or subcontractor intends to provide or arrange housing, that ensures that the housing meets host country housing and safety standards.

v. Procedures to prevent agents and subcontractors at any tier and at any dollar value from engaging in trafficking in persons (including activities in paragraph

(b) of this clause) and to monitor, detect, and terminate any agents, subcontracts, or subcontractor employees that have engaged in such activities.

4. Posting.

(i) The Contractor shall post the relevant contents of the compliance plan, no later than the initiation of contract performance, at the workplace (unless the work is to be performed in the field or not in a fixed location) and on the Contractor's Web site (if one is maintained). If posting at the workplace or on the Web site is impracticable, the Contractor shall provide the relevant contents of the compliance plan to each worker in writing.

ii. The Contractor shall provide the compliance plan to the Contracting Officer upon request.

5. Certification.

Annually after receiving an award, the Contractor shall submit a certification to the Contracting Officer that

1. It has implemented a compliance plan to prevent any prohibited activities identified at paragraph

(b) of this clause and to monitor, detect, and terminate any agent, subcontract or subcontractor employee engaging in prohibited activities; and

2. After having conducted due diligence, either

1. To the best of the Contractor's knowledge and belief, neither it nor any of its agents, subcontractors, or their agents is engaged in any such activities; or

2. If abuses relating to any of the prohibited activities identified in paragraph (b) of this clause have been found, the Contractor or subcontractor has taken the appropriate remedial and referral actions.

i. Subcontracts.

1. The Contractor shall include the substance of this clause, including this paragraph (i), in all subcontracts and in all contracts with agents. The requirements in paragraph (h) of this clause apply only to any portion of the subcontract that

1. Is for supplies, other than commercially available off the shelf items, acquired outside the United States, or services to be performed outside the United States; and

2. Has an estimated value that exceeds $500,000.

(2) If any subcontractor is required by this clause to submit a certification, the Contractor shall require submission prior to the award of the subcontract and annually thereafter. The certification shall cover the items in paragraph (h)(5) of this clause.

(End of Clause)

A.I.D. ACQUISITION REGULATION (48 CFR CHAPTER 7) CLAUSES

The following AIDAR clauses are incorporated by reference:

752.201 DEFINITIONS

752.202 SOURCE, AND NATIONALITY

752.203 LOCAL PROCUREMENT

1. WORKER’S COMPENSATION INSURANCE (DEFENSE BASE

ACT)

752.7003 DOCUMENTATION FOR PAYMENT 752.7006 NOTICES

752…