72039122Q00013 ENTREPRNUERSHIP SKILL DEVELOPMENT SERVICES sd.pdf

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Attached to: Entrepreneurship Skill Development Services
Solicitation number: 72039122Q00013
Issued by: US Agency for International Development Pakistan

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SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

N/A

Not Applicable

PAKISTAN CODE 16. ADMINISTERED BYCODE

611430

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OR720391

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

04/05/2022 1500 E

03/08/2022

Summia Rafique (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

72039122Q00013

5. SOLICITATION NUMBER

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

1 28 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

Islamabad, Pakistan Diplomatic Enclave Ramna 5 c/o U.S. Embassy USAID/Pakistan

15. DELIVER TO

00000

9. ISSUED BY

2. CONTRACT NO.

EFFECTIVE DATE

$12.00

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USAID/Pakistan

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

0001 RFQ FOR ENTREPRENEURSHIP SKILL DEVELOPMENT

SERVICES FOR USAID PAKISTAN.

THE QUOTATION SHOULD BE SUPPORTED WITH

DEMONSTRABLE TECHNICAL AND FINANCIAL POTENTIAL

WITH SUPPORTING DOCUMENTS AS DESCRIBED IN

SECTION-C INSTRUCTIONS TO OFFERORS.

PLEASE SEND YOUR TECHNICAL AND FINANCIAL

PROPOSALS SEPARATELY, THROUGH EMAIL NOTED BELOW.

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

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED

Penelope Thomas

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

31c. DATE SIGNED

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

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

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

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

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

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

TECHNICAL PROPOSAL SHOULD NOT CONTAIN FINANCIAL

ASPECT.

NOTE: THE PROPOSAL SHOULD ONLY CONTAIN TWO FILES,

ONE TECHNICAL AND ONE FINANCIAL. USAID WILL NOT

CONSIDER ANY THIRD OR MORE FILE(S) SUPPORTED TO

TECHNICAL QUOTATION.

IF YOU HAVE QUESTIONS REGARDING THE RFQ AND/OR

THE STATEMENT OF WORK, PLEASE EMAIL IT TO

PAKISTANPROCUREMENT@USAID.GOV NO LATER THAN MARCH

22,2022 ,WHICH WILL BE ANSWERED VIA EMAIL.

QUOTATION SUBMISSION DATE: LAST DATE TO SUBMIT

THE QUOTATION IS APRIL 05, 2022 NO QUOTATION WILL

BE ACCEPTED RECEIVED AFTER THE DUE DATE.

NOTE: PLEASE SEND YOUR PROPOSALS/QUOTATIONS TO

THE EMAIL ADDRESS: PAKISTANPROCUREMENT@USAID.GOV

USAID PAKISTAN’S TAX EXEMPTION STATUS IN PAKISTAN

THERE IS A BILATERAL AGREEMENT IN PLACE EXEMPTING

USAID-FINANCED ACTIVITIES FROM TAXES. THE

CONTRACTOR WILL BE REQUIRED TO FOLLOW THE TAX

EXEMPTION PROCESS PROVIDED BY USAID/PAKISTAN TO

OBTAIN TAX EXEMPTION. THIS PROCESS WILL ALSO

SERVE AS DOCUMENTING THE CONTRACTOR’S BEST EFFORT

IN OBTAINING TAX EXEMPTION. IF THE CONTRACTOR IS

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

28 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 28

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

72039122Q00013

UNABLE TO OBTAIN TAX EXEMPTION, THE CONTRACTOR

WILL REQUEST FOR CONTRACTING OFFICER

DETERMINATION ON ALLOWABILITY OF COST ON A

CASE-TO-CASE BASIS.

PLEASE NOTE THE VENDOR MUST BE REGISTERED IN

SAM.GOV.TO REGISTER IN SAM PLEASE VISIT WEBSITE

https://sam.gov/content/home AND REGISTER YOUR

ENTITY.

(Option Line Item)

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

STATEMENT OF WORK (SOW)

Title: Entrepreneurship Skill Development Services

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 80_percent 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 80 percent 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. RELATIONSHIP AND RESPONSIBILITIES

A. Place of Performance

The Place of Performance is Pakistan which is the method of delivery (e.g., remote, in-person, combination, etc.) for the services to be provided.

B. Period of Performance

The period of performance is May 1, 2022, to September 30, 2024

C. Level of Effort

Level of effort to be proposed by the vendor.

D. Price, Paying Office & Payment Terms

Final price to be negotiated with the vendor.

The Office of Financial Management, USAID/Pakistan 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 for local vendor or in USD for international vendor after acceptance of the Contract deliverable by the PoC. The Contractor shall simultaneously forward a copy of the signed voucher, supporting documents and invoice to PakistanAccountsPay@usaid.gov.

USAID Pakistan will do quarterly payments upon receipt and acceptance of the services as confirmed by the PoC.

SECTION – B – 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 on the basis of 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-

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

2. Sold in substantial quantities in the commercial marketplace; and

3. 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

B. 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. 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 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- 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.

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;

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-

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

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-

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;

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

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-

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:

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;

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

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.

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.

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)…

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