1._Amendment_1_to_RFP_72044019R00001.pdf

Request for Proposals (RFP) No: 72044019R00001 Amendment 1 Issue Date: November 29, 2018 Questions Due Date (second time): December 11, 2018 at 0800 Hanoi time Proposal Submission Due Date: February 11, 2019 at 1600 Hanoi time

Subject: USAID/Vietnam Strengthening Provincial Capacity (SPC)

To All Prospective Offerors:

The United States Government, represented by the U.S. Agency for International Development (USAID) through its Mission in Vietnam (USAID/Vietnam), is soliciting proposals from qualified organizations interested in providing the services described in the attached solicitation.

USAID/Vietnam anticipates awarding a fixed-priced award fee type contract with a period of performance of five (5) years, subject to the availability of funds. We expect the award fee pool to be between 4% and 6% of the award value. USAID is utilizing a build-to-budget model for this acquisition and $13.3 million is the amount of total funding reserved for this activity. Offerors are encouraged to maximize the use of the available funding and should consider this an operating constraint as part of the Statement of Objectives. The principal geographic code for this contract is 937 and the North American Industry Classification System (NAICS) code is 541990.

This procurement will be conducted under full and open competition, pursuant to Part 15 of the Federal Acquisition Regulation (FAR) (48 CFR Chapter 1). All types of organizations are eligible to compete. USAID encourages the participation, to the maximum extent possible, of all small business concerns and local Vietnamese organizations, either as the prime contractor or as subcontractors.

By the due date for questions submission and during the pre-proposal conference held in Hanoi (November 9, 2018), we received a number of excellent questions and valued comments regarding the RFP. The questions and answers, as well as the transcription of conferences’ discussions, are attached to this amendment. When transcribing, we aimed to provide you as much information as possible, based on what was discussed at the conference. We are also attaching the slides presented at the conference. Recognizing this is a new type of procurement for most folks, we’re adding a second question and answer period. Please refer to the dates above for the new deadline for questions.

We have also amended Section L and the Statement of Objectives (Attachment 1), so please carefully review this revised RFP.

If your organization decides to submit a proposal in response to this solicitation, it must be submitted in accordance with Section L of this RFP. Proposals must be submitted electronically via e-mail on or before the due dates stipulated above, to Michael Capobianco at: mcapobianco@usaid.gov and Van Trinh at: vantrinh@usaid.gov and must conform to all requirements outlined in the solicitation.

USAID reserves the right to award the contract subject to availability of funds. This solicitation in no way obligates USAID to award a contract nor does it commit USAID to pay any cost incurred in the preparation and submission of the proposal.

RFP No. 72044019R00001 Amendment 1 USAID/Vietnam – Strengthening Provincial Capacity

USAID appreciates the time and effort put into preparing proposals in response to this solicitation.

Sincerely, /s/

Michael Capobianco Contracting Officer USAID/Vietnam

Table of Contents

PART I – THE SCHEDULE

SECTION B – SERVICES AND PRICE/COSTS

B.1 PURPOSE

B.2 CONTRACT TYPE AND CONTRACT SERVICES

B.3 PRICE, AWARD FEE, AND OBLIGATED AMOUNT

B.4 PERFORMANCE-BASED PAYMENT SCHEDULE

B.5 PAYMENT OF AWARD FEE

B.6 CANCELLATION CEILINGS

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SECTION D – BRANDING AND MARKING

D.1 BRANDING STRATEGY

D.2 AIDAR 752.7009 MARKING (JAN 1993)

SECTION E – INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

E.2 INSPECTION AND ACCEPTANCE

SECTION F – DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

F.2 PERIOD OF PERFORMANCE

F.3 PLACE OF PERFORMANCE

F.4 PERFORMANCE STANDARDS

F.5 DELIVERABLES

F.6 DELIVERABLES SCHEDULE

F.7 KEY PERSONNEL

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 CONTRACTING OFFICER’S AUTHORITY

G.2 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

G.3 PAYING OFFICE

G.4 ACCOUNTING AND APPROPRIATION DATA

G.5 TECHNICAL DIRECTIONS/RELATIONSHIP WITH USAID

G.6 CONTRACTOR’S PRIMARY POINT OF CONTACT

G.7 CONTRACTOR’S PAYMENT ADDRESS

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 AUTHORIZED GEOGRAPHIC CODE

H.2 AIDAR 752.222-70 USAID DISABILITY POLICY - ACQUISITION (DEC 2004)

H.3 LOGISTIC SUPPORT

H.4 ENVIRONMENTAL COMPLIANCE

H.5 ADS 302.3.5.19 USAID-FINANCED THIRD PARTY WEB SITES (NOV 2017)

H.6 ADS 302.3.5.21 SUBMISSION OF DATASETS TO THE DEVELOPMENT DATA LIBRARY (DDL)

(OCT 2014)

H.7 ELECTRONIC PAYMENTS SYSTEM (AUG 2014) (PEB 2014-06)

H.8 PROHIBITION OF ASSISTANCE TO DRUG TRAFFICKERS

H.9 DATA COLLECTION

H.10 CONFIDENTIALITY AND OWNERSHIP OF INTELLECTUAL PROPERTY

H.11 INSURANCE

H.12 LIMITATION ON ACQUISITION OF INFORMATION TECHNOLOGY (DEVIATION NOS.

M/OAA-DEV-FAR-18-2C AND M/OAA-DEV-AIDAR-18-2C) (APRIL 2018)

H.13 RESTRICTIONS AGAINST DISCLOSURE (MAY 2016)

PART II – CONTRACT CLAUSES

SECTION I

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

I.2 AIDAR 752.252-2 AIDAR CLAUSES INCORPORATED BY REFERENCE (MAR 2015)

I.3 FAR 52.204-1 APPROVAL OF CONTRACT (DEC 1989)

I.4 FAR 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)

I.5 52.232-32 PERFORMANCE-BASED PAYMENTS (APR 2012)

I.6 AIDAR 752.229-71 REPORTING OF FOREIGN TAXES (JULY 2007)

I.7 AIDAR 752.7101 VOLUNTARY POPULATION PLANNING ACTIVITIES (JUNE 2008)

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

SECTION J – LIST OF ATTACHMENTS

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

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

K.3 FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

K.4 FAR 52.209-12 CERTIFICATION REGARDING TAX MATTERS (FEB 2016)

K.5 FAR 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS –

CERTIFICATION (JUN 2018)

K.6 INSURANCE—IMMUNITY FROM TORT LIABILITY

K.7 AUTHORIZED NEGOTIATORS

K.8 SIGNATURE

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFEROR

L.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

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

L.3 FAR 52.233-2 SERVICE OF PROTEST (SEP 2006)…………………………………………………………. 46

L.4 GENERAL INSTRUCTIONS TO OFFEROR

L.5 PROPOSAL SUBMISSION…………………………………………………………………………………………….. 47

L.6 INSTRUCTIONS FOR THE PREPARATION OF THE TECHNICAL PROPOSAL……………………. 48

L.7 INSTRUCTIONS FOR THE PREPARATION OF THE COST PROPOSAL

L.8 FAR 52.232-28 INVITATION TO PROPOSE PERFORMANCE-BASED PAYMENTS (MAR 2000)

…………………………………………………………………………………………………………………………………….52

SECTION M – EVALUATION FACTORS FOR AWARD

M.1 GENERAL INFORMATION

M.2 TECHNICAL EVALUATION CRITERIA

M.3 EVALUATION OF PAST PERFORMANCE

M.4 COST PROPOSAL EVALUATION

M.5 DETERMINATION OF COMPETITIVE RANGE

M.6 SOURCE SELECTION

PART I – THE SCHEDULE

SECTION B – SERVICES AND PRICE/COSTS

B.1 PURPOSE

The purpose of this contract is to provide technical assistance and other services as described in detail in Section C for the implementation of USAID/Vietnam’s program entitled “Strengthening Provincial Capacity.”

B.2 CONTRACT TYPE AND CONTRACT SERVICES

This is a fixed price award fee (FPAF) contract. For the consideration set forth below, the Contractor must achieve the performance objectives and deliverables or outputs at the stated quality described in this contract.

B.3 PRICE, AWARD FEE, AND OBLIGATED AMOUNT

a) The fixed price for the performance of the work required hereunder, exclusive of award fee, is $TBD. The maximum award fee pool is $TBD. Total fixed price plus award fees, if any, is $TBD.

b) The amount currently obligated is $TBD.

B.4 PERFORMANCE-BASED PAYMENT SCHEDULE

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

(TBD - Proposed payment schedule tied to deliverables will be inserted here)

B.5 PAYMENT OF AWARD FEE

The Contractor may earn and be paid all or a portion of an award fee for performance under this contract. The Government's purpose in granting an award fee is to encourage and reward superior contract performance.

The Contractor will be eligible for consideration of an award fee only if, by end of Year 4, the Contractor has met all requirements and deliverables in the contract. The determination of the award fee, if any, earned by the Contractor must be in accordance with the Award Fee Evaluation Plan (see section J).

The maximum award fee must be made available to the Contractor in one (1) increment with the evaluation occurring in the fifth year on the anniversary of the award date, as specified below:

Period of Performance Period* (Start/End date)

Amount of Award Fee Available

Fifth Year TBD at Award TBD

Maximum Award Fee Available TBD

* Period will be completed upon contract award.

Payment of any award fee earned by the Contractor must not be subject to the withholding provisions of the clause of this contract entitled "Allowable Cost and Payment" (FAR 52.216-7).

B.6 CANCELLATION CEILINGS

This contract is considered non-severable, and is therefore a multi-year contract as defined in FAR

17.103. Therefore, this contract is subject to the requirements of FAR 17.106.

Performance under this contract during the second and subsequent program years is contingent upon the appropriation of funds. All program years except the first are subject to cancellation. Cancellation shall occur by the dates specified below if the Contracting Officer:

1. Notifies the Contractor that funds are not available for contract performance for any subsequent program year; or

2. Fails to notify the Contractor that funds are available for performance of the succeeding program year.

Cancellation Ceilings:

Program Year Cancellation Date Cancellation Ceiling Year 1 N/A N/A Year 2 March 31, 2020 $TBD Year 3 March 31, 2021 $TBD Year 4 March 31, 2022 $TBD Year 5 March 31, 2023 $TBD

[END OF SECTION B]

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

[TBD - Successful Offeror’s Performance Work Statement to achieve the contract’s objectives inserted here]

[END OF SECTION C]

SECTION D – BRANDING AND MARKING

D.1 BRANDING STRATEGY

The Contractor must comply with the requirements of the policy directives and required procedures outlined in USAID Automated Directive System (ADS) 320.3.2 “Branding and Marking in USAID Direct Contracting” which can be found at http://www.usaid.gov/policy/ads/300/320.pdf ; and USAID “Graphic Standards Manual” available at: www.usaid.gov/branding, or any successor branding policy. Per ADS 320.3.2.1, the Branding Strategy for this contract is as follows:

The activity name: “USAID/Vietnam – Strengthening Provincial Capacity (SPC)” is the title of this activity.

The desired level of visibility: USAID identity must be prominently displayed on commodities or equipment; in printed, audio, visual or electronic public communications; in studies, reports, publications, web sites, and all promotional and informational products; and events.

Other organizations to be acknowledged: Specific events that are supported by USAID together with other partners may require co-branding following the branding policy.

The Contractor must comply with the requirements of the USAID “Graphic Standards Manual” available at www.usaid.gov/branding, or any successor branding policy. The Contractor must follow the approved Branding Implementation and Marking Plan submitted on [date TBD] and incorporated into this Contract as Attachment [TBD].

D.2 AIDAR 752.7009 MARKING (JAN 1993)

a) It is USAID policy that USAID-financed commodities and shipping containers, and project construction sites and other project locations be suitably marked with the USAID emblem. Shipping containers are also to be marked with the last five digits of the USAID financing document number.

As a general rule, marking is not required for raw materials shipped in bulk (such as coal, grain, etc.), or for semi-finished products which are not packaged.

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

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

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

[END OF SECTION D]

SECTION E – INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

In accordance with FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract, the following contract clauses are hereby incorporated by reference, with the same force and effect as if they were given in full text. See http://acquisition.gov/far/index.html and http://www.usaid.gov/sites/default/files/documents/1868/aidar_0.pdf for electronic access to the full text of a clause.

NUMBER TITLE DATE

52.246-4 INSPECTION OF SERVICES- AUG 1996

FIXED PRICE

E.2 INSPECTION AND ACCEPTANCE

USAID inspection and acceptance of services, reports and other required deliverables or outputs will be in accordance with the final Quality Assurance Surveillance Plan and take place at the principal place of performance (Vietnam) or at any other location where the services are performed and reports and deliverables or outputs are produced or submitted. Unless otherwise stated, the designated Contracting Officer's Representative (COR) has been delegated authority to inspect and accept all services, reports and required deliverables or outputs.

[END OF SECTION E]

SECTION F – DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

In accordance with FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract, the following contract clauses are hereby incorporated by reference, with the same force and effect as if they were given in full text. See http://acquisition.gov/far/index.html and http://www.usaid.gov/sites/default/files/documents/1868/aidar_0.pdf for electronic access to the full text of a clause.

NUMBER TITLE DATE

52.242-15 STOP-WORK ORDER AUG 1989

F.2 PERIOD OF PERFORMANCE

The period of performance is five (5) years from date of contract award.

F.3 PLACE OF PERFORMANCE

The place of performance is Vietnam.

F.4 PERFORMANCE STANDARDS

The Contractor must perform all work to the standards in Section C. USAID will evaluate the Contractor’s performance in accordance with FAR 42.15, corresponding USAID procedures, the Quality Assurance Surveillance Plan, and the Contractor’s reporting against its Activity Monitoring, Evaluation, and Learning Plan (AMELP). USAID will evaluate the Contractor’s performance during the initial, intermediate, and final periods of the contract in accordance with the Contractor Performance Assessment Reporting System (CPARS). The Contracting Officer and the COR will jointly conduct the evaluation of the Contractor’s overall performance. This evaluation will form the basis of the Contractor’s permanent performance record under this contract.

F.5 DELIVERABLES

In addition to other required reports and deliverables in this contract, the Contractor must deliver the following for the approval of the Contracting Officer’s Representative (COR). The Contractor must allow at least 10 business days for review and comments from the COR on any draft report submission.

Note: USAID’s fiscal year starts on October 1 and ends on September 30. Four fiscal quarterly periods begin on October 1, January 1, April 1 and July 1.

a. Bi-Annual Progress Report

The Contractor must submit a bi-annual progress report no later than thirty (30) days following the end of March 31st. The reports must be no more than twenty (20) pages and reflect the structure of the Annual Work Plan and address at least the following points:

● Activities completed and progress made to achieving success;

● Outputs accomplished and results realized in the quarter;

● Any challenges during the implementation period and proposed solutions.

● Collaboration and coordination with other relevant USAID and donor activities and GVN;

● Aggregate outputs accomplished and results realized since project inception;

● Demonstration of steps taken to analyze the Contractor’s own progress against desired results and to devise solutions, propose course corrections, and identify whether new stakeholders should be engaged to ensure program success;

● Electronic copies of all reports, success stories, and other relevant documents prepared during the period (to be submitted as attachments);

b. Annual Progress Report

The Annual Report is due on October 31st of each year. It must be a comprehensive narrative report summarizing the previous year’s activities and accomplishments using the annual work plan as a starting point. The report shall include status of personnel, project activities, and must summarize services delivered and progress towards achieving results identified in the Statement of Work. It must document both successes and failures of the interventions, and discuss reasons for shortcomings and recommend actions to overcome them. For each action, the Contractor must designate responsible parties and establish a timeframe for completion. The report must also include Annexes as follows:

● A comparison of project accomplishments to date vs. project benchmarks and overall progress

● Project bibliography, including reports prepared by the Contractor and others.

● A list of all technical assistance activities, including names of specialists, purpose and duration of consultations, achievements, and problems encountered.

● A list of all in-country workshops, forums, trainings organized and numbers of participants.

c. Annual Work Plan

The Annual Work Plan (AWP) will form the basis for activities to be initiated in each year of the contract. For the purpose of the Annual Work Plan, “Annual” is defined according to the U.S.

Government fiscal year. The initial work plan covering the first year of the contract period (until September 30th) must be submitted for approval within 30 days of the award of the contract and include plans for mobilization. This plan must include a description of the activities the Contractor intends to implement during the first year of the contract through September 30, 2019. Subsequent Annual Work Plans covering the fiscal year must be submitted by September 1st. The Work Plan will include major activities that will be undertaken, rationale behind these activities, anticipated results of these efforts and how they will be measured, projected budget per objective, costs of short-term assistance and training to be delivered during the year; the kind and cost of commodities to be provided, and a timeframe for when activities will commence and end. Details of collaboration with other USAID or donor-funded implementing partners must also be included, as well as planned activities to promote Private Sector Engagement.

d. Activity Monitoring, Evaluation and Learning Plan

Thirty (30) days after award, the contractor must submit a draft version of the Monitoring, Evaluation and Learning Plan (together with the work plan). USAID shall review the draft and provide comments within 30 days after receipt of the draft Monitoring, Evaluation and Learning Plan. The contractor must submit a final Monitoring Evaluation and Learning Plan no later than 15 days after receipt of comments from USAID. The MEL Plan must be updated and revised as needed in collaboration with USAID. The MEL Plan must include specific benchmarks and indicators for measuring progress for all activities that are ongoing, including results outlined in the Statement of Work, and USAID/Vietnam’s overall Performance Monitoring Plan along with additional benchmarks and indicators developed by the contractor. The plan must specify how data will be collected and analyzed. The MEL Plan must also highlight how data collected will show the influence and effectiveness of program approaches and methodologies employed and how the data will contribute toward enhancing understanding of promising practices in the sector. All data should be disaggregated by gender and age, whenever applicable.

e. Short-Term Consultant Reports, Technical Reports, Developed Materials

The Contractor shall provide electronic copies of all technical reports including analyses, policy recommendations, comparative studies, etc. to the COR within 10 days after they are developed. The Contractor must submit copies to the COR of selected materials developed under the project, including but not limited to, course curricula and training materials; conference reports; and procedure and operating manuals. For reports and materials in Vietnamese, the Contractor must provide a detailed summary in English, including key recommendations and findings.

f. Final Contract Completion Report

At least thirty (30) days prior to the end of the fourth year, the Contractor must prepare and submit one electronic version (as a single MS Word file) of the Contract Completion Report to the COR, which summarizes the accomplishments of this contract, methods of work used, best practices, lessons learned, and recommendations. The final Completion Report must also contain an index of all reports and information products produced under this contract. Along with the Completion Report, an electronic depository will be submitted, containing all written documents, reports and presentations. The depository shall be organized in a user-friendly system.

F.6 DELIVERABLES SCHEDULE

Report/Deliverable Date Due Delivery

A. Bi-Annual Progress Reports

Submission no later than thirty (30) days following the end of March 31st

Electronically

COR

B. Annual Progress Report

Annual Progress Report due on or before October 31st.

Electronically

COR

C. Annual Work Plan The initial work plan covering the first year of the contract period (until September 30th) must be submitted within 30 days of contract award.

Subsequent work plans must be submitted on or before September 1.

Electronically

COR

D. Monitoring, Evaluation and Learning Plan

Draft due no later than 30 days after contract award. Final due no later than 15 days after receipt of comments from

USAID.

Electronically

COR

E. Consultant Reports, Technical Reports, Developed Materials.

No later than 10 days after the product is developed.

F. Final Contract Completion Report

Final copy due 30 days prior to the end of the 4th year.

F.7 KEY PERSONNEL

The contractor must furnish three (3) positions deemed key personnel for the performance of this contract. One of the positions must be a Chief of Party. The contractor must explain how each position will contribute to the success of the contract, and the minimum requirements for the position, as well as general roles and responsibilities. Key personnel must have the requisite skill set to implement the approach set forth in Section C, achieve sustainable results, and coordinate and cooperate with a wide range of stakeholders as well as complementary donor-funded and GVN programming.

No Key Personnel Position

1 Chief of Party

2 TBD

3 TBD

The key personnel identified above are considered essential to the work being performed under this contract. The contractor must remain responsible for providing such key personnel for full-time performance for the term of this contract unless otherwise agreed to by the contracting officer.

The contractor must immediately notify the contracting officer and the COR of any key personnel’s departure and the reasons therefore. The contractor must take steps to immediately rectify this situation and will propose a substitute candidate for each vacated position. The contractor must not replace any of the key personnel without the written consent of the contracting officer and the COR, whether provided in advance or by ratification.

(Requirements and responsibilities for each Key position will be incorporated up on contract award)

Chief of Party General roles and responsibilities for Chief of Party are as follows:

The Chief of Party (CoP) must act as the primary point of contact with USAID/Vietnam with regard to day-to-day implementation and management matters relating to the contract. The CoP is also responsible for facilitating communication and close coordination with all stakeholders of the activity. The CoP must have the ability to speak for and bind the contractor.

[END OF SECTION F]

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 CONTRACTING OFFICER’S AUTHORITY

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

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

Office of Acquisition and Assistance (OAA) USAID/Vietnam 15/F Tung Shing Building #2 Ngo Quyen Street, Hanoi, Vietnam

G.2 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The Contracting Officer’s Representative is: [to be filled in at the time of contract award.]

G.3 PAYING OFFICE

The completed SF-1034 “Voucher for Services for Other Than Personal” and relevant invoices and other documentation may be submitted electronically (email is the preferred method) to the address below. The subject line of the email shall read Award No. and name of the Contractor. The SF-1034 must be signed, and it must be submitted along with the relevant invoices and any other relevant documentation as an electronic PDF file. Otherwise, the request for payment must be mailed through local postal or courier services. If submitting invoices electronically, do not send a paper copy.

Send all requests for payment to the following email address:

USAID/RDMA

Office of Financial Management Athenee Tower, 25th floor 63 Wireless Road Bangkok, 10330 Thailand E-mail: bkkaidpaymentaction@usaid.gov

G.4 ACCOUNTING AND APPROPRIATION DATA

[To be filled in at the time of award:]

Accounting Template BBFY EBFY Fund OP

Unit Prog Area Dist

Progr Elem

BGA

EOCC Amt Doc

Total Obligated Amount $

G.5 TECHNICAL DIRECTIONS/RELATIONSHIP WITH USAID

(a) Technical Directions under this contract are limited to the approvals required by the Contract.

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

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

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

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

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

(5) Monitor the Contractor's performance progress in accordance with the Quality Assurance Surveillance Plan and notify the Contractor and Contracting Officer in writing of deficiencies or delays observed.

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

(7) Approve sub-grant selections by the Contractor.

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

(c) In the absence of the designated COR, the CO may designate someone to serve as COR in his/her place. However, such action to direct an individual to act in the COR’s stead shall immediately be communicated to the Contractor.

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

The Contracting Officer will be responsible for resolving legal issues, determining contract scope and interpreting contract terms and conditions. The Contracting Officer is solely authorized to approve changes in any of the requirements under this contract. These changes include, but will not be limited to the following areas: scope of work, price, quantity, technical specifications, delivery schedules, and contract terms and conditions. In the event the Contractor effects any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and at the Contractor’s sole risk.

(e) Failure by the Contractor to report to the Contracting Officer, any action by the Government considered to be a change, within the specified number of days contained in FAR 52.243-7 (Notification of Changes), waives the Contractor's right to any claims for equitable adjustments.

G.6 CONTRACTOR’S PRIMARY POINT OF CONTACT

The contractor’s primary point of contact is [name and title, and telephone number and email address]:

[To be filled in at time of award]

G.7 CONTRACTOR’S PAYMENT ADDRESS

[To be filled in at time of award]

[END OF SECTION G]

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 AUTHORIZED GEOGRAPHIC CODE

The authorized geographic code for procurement of goods and services under this award is 937 (the United States, the Recipient country, and developing countries other than advanced developing countries, but excluding any country that is a prohibited source).

H.2 AIDAR 752.222-70 USAID DISABILITY POLICY - ACQUISITION (DEC 2004)

(a) The objectives of the USAID Disability Policy are

(1) to enhance the attainment of United States foreign assistance program goals by promoting the participation and equalization of opportunities of individuals with disabilities in USAID policy, country and sector strategies, activity designs and implementation;

(2) to increase awareness of issues of people with disabilities both within USAID programs and in host countries;

(3) to engage other U.S. government agencies, host country counterparts, governments, implementing organizations and other donors in fostering a climate of nondiscrimination against people with disabilities; and

(4) to support international advocacy for people with disabilities. The full text of the policy paper can be found at the following website: http://pdf.usaid.gov/pdf_docs/PDABQ631.pdf

(b) USAID therefore requires that the contractor not discriminate against people with disabilities in the implementation of USAID programs and that it make every effort to comply with the objectives of the USAID Disability Policy in performing this contract. To that end and within the scope of the contract, the contractor’s actions must demonstrate a comprehensive and consistent approach for including men, women and children with disabilities.

H.3 LOGISTIC SUPPORT

The Contractor is responsible for all administrative and logistic support required to fulfill the requirements of this contract in the U.S. and overseas.

H.4 ENVIRONMENTAL COMPLIANCE

• The Foreign Assistance Act of 1961, as amended, Section 117 requires that the impact of USAID’s activities on the environment be considered and that USAID include environmental sustainability as a central consideration in designing and carrying out its development programs. This mandate is codified in Federal Regulations (22 CFR 216) and in USAID’s Automated Directives System (ADS) Parts 201.5.10g and 204 (http://www.usaid.gov/policy/ADS/200/), which, in part, require that the potential environmental impacts of USAID-financed activities are identified prior to a final decision to proceed and that appropriate environmental safeguards are adopted for all activities.

Contractor environmental compliance obligations under these regulations and procedures are specified in the following paragraphs.

• In addition, the contractor/recipient must comply with host country environmental regulations unless otherwise directed in writing by USAID. In case of conflict between host country and USAID regulations, the latter will govern.

• No activity funded under this contract will be implemented unless an environmental threshold determination, as defined by 22 CFR 216, has been reached for that activity, as documented in a Request for Categorical Exclusion (RCE), Initial Environmental Examination (IEE), or Environmental Assessment (EA) duly signed by the Bureau Environmental Officer (BEO). (Hereinafter, such documents are described as “approved Regulation 216 environmental documentation.”) [At the time of this solicitation’s release, the IEE is pending approval, but will be approved before award of the contract.]

• An Initial Environmental Examination (IEE) [Number: TBD] is [expected to be] approved for USAID/Vietnam Trade and Growth activities. The IEE covers activities expected to be implemented under this contract. USAID expects to determined that a Categorical Exclusions applies to the proposed activities. This indicates that no environmental impacts are expected as a result of these activities. The Contractor is responsible for implementing all IEE conditions pertaining to activities to be funded under this contract.

• As part of its initial Work Plan, and all Annual Work Plans thereafter, the contractor, in collaboration with the USAID Cognizant Technical Officer and Mission Environmental Officer or Bureau Environmental Officer, as appropriate, must review all ongoing and planned activities under this contractor to determine if they are within the scope of the approved Regulation 216 environmental documentation.

• If the contractor plans any new activities outside the scope of the approved Regulation 216 environmental documentation, it must prepare an amendment to the documentation for USAID review and approval. No such new activities may be undertaken prior to receiving written USAID approval of environmental documentation amendments.

• Any ongoing activities found to be outside the scope of the approved Regulation 216 environmental documentation must be halted until an amendment to the documentation is submitted and written approval is received from USAID. •

• When the approved Regulation 216 documentation is (1) an IEE that contains one or more Negative Determinations with conditions and/or (2) an EA, the contractor must:

o Unless the approved Regulation 216 documentation contains a complete environmental mitigation and monitoring plan (EMMP) or a project mitigation and monitoring (M&M) plan, the contractor must prepare an EMMP or M&M Plan describing how the contractor will, in specific terms, implement all IEE and/or EA conditions that apply to proposed project activities within the scope of the award. The EMMP or M&M Plan must include monitoring the implementation of the conditions and their effectiveness.

o Integrate a completed EMMP or M&M Plan into the initial work plan.

o Integrate an EMMP or M&M Plan into subsequent Annual Work Plans, making any necessary adjustments to activity implementation in order to minimize adverse impacts to the environment.

H.5 ADS 302.3.5.19 USAID-FINANCED THIRD PARTY WEB SITES (NOV 2017)

(a) Definitions:

“Third-party web sites” Sites hosted on environments external to USAID boundaries and not directly controlled by USAID policies and staff, except through the terms and conditions of a contract. Third-party Web sites include project sites.

(b) The Contractor must adhere to the following requirements when developing, launching, and maintaining a third-party Web site funded by USAID for the purpose of meeting the project implementation goals:

(1) Prior to Web site development, the Contractor must provide information as required in Section C-Statement of Work of the contract (including a copy of the Contractor’s privacy policy) to the Contracting Officer’s Representative (COR) for USAID's Bureau for Legislative and Public Affairs (LPA) evaluation and approval. The Contractor must notify the COR of the Web site URL as far in advance of the site's launch as possible and must not launch the Web site until USAID's (LPA) approval has been provided through the COR. The Contractor must provide the COR with any changes to the privacy policy for the duration of the contract.

(2) The Contractor must collect only the amount of information necessary to complete the specific business need as required by statute, regulation, or Executive Order.

(3) The Contractor must comply with Agency branding and marking requirements comprised of the USAID logo and brandmark with the tagline “from the American people,” located on the USAID Web site at www.usaid.gov/branding, and USAID Graphics Standards manual at http://www.usaid.gov.

(4) The Web site must be marked on the index page of the site and every major entry point to the Web site with a disclaimer that states: "The information provided on this Web site is not official U.S. Government information and does not represent the views or positions of the U.S. Agency for International Development or the U.S. Government."

(5) The Web site must provide persons with disabilities access to information that is comparable to the access available to others. As such, all site content must be compliant with the requirements of the Section 508 amendments to the Rehabilitation Act.

(6) The Contractor must identify and provide to the COR, in writing, the contact information for the information security point of contact. The Contractor is responsible for updating the contact information whenever there is a change in personnel assigned to this role.

(7) The Contractor must provide adequate protection from unauthorized access, alteration, disclosure, or misuse of information processed, stored, or transmitted on the Web sites. To minimize security risks and ensure the integrity and availability of information, the Contractor must use sound:

system/software management; engineering and development; and securecoding practices consistent with USAID standards and information security best practices. Rigorous security safeguards, including but not limited to, virus protection; network intrusion detection and prevention programs;

and vulnerability management systems must be implemented and critical security issues must be resolved as quickly as possible or within 30 days. Contact the USAID Chief Information Security Officer (CISO) at ISSO@usaid.gov for specific standards and guidance.

(8) The Contractor must conduct periodic vulnerability scans, mitigate all security risks identified during such scans, and report subsequent remediation actions to CISO at ISSO@usaid.gov and COR within 30 workdays from the date vulnerabilities are identified. The report must include disclosure of the tools used to conduct the scans. Alternatively, the contractor may authorize USAID CISO at ISSO@usaid.gov to conduct periodic vulnerability scans via its Web-scanning program. The sole purpose of USAID scanning will be to minimize security risks. The Contractor will be responsible for taking the necessary remediation action and reporting to USAID as specified above.

(c) For general information, agency graphics, metadata, privacy policy, and Section 508 compliance requirements, refer to http://www.usaid.gov

H.6 ADS 302.3.5.21 SUBMISSION OF DATASETS TO THE DEVELOPMENT DATA

LIBRARY (DDL) (OCT 2014)

(a) Definitions. For the purpose of submissions to the DDL:

(1) “Dataset” is an organized collection of structured data, including data contained in spreadsheets, whether presented in tabular or non-tabular form. For example, a Dataset may represent a single spreadsheet, an extensible mark-up language (XML) file, a geospatial data file, or an organized collection of these. This requirement does not apply to aggregated performance reporting data that the contractor submits directly to a USAID portfolio management system or to unstructured data, such as email messages, PDF files, PowerPoint presentations, word processing documents, photos and graphic images, audio files, collaboration software, and instant messages. Neither does the requirement apply to the contractor’s information that is incidental to award administration, such as financial, administrative, cost or pricing, or management information. Datasets submitted to the DDL will generally be those generated with USAID resources and created in support of Intellectual Work that is uploaded to the Development Experience Clearinghouse (DEC) (see AIDAR 752.7005 “Submission Requirements for Development Experience Documents”).

(2) “Intellectual Work” includes all works that document the implementation, monitoring, evaluation, and results of international development assistance activities developed or acquired under this award, which may include program and communications materials, evaluations and assessments, information products, research and technical reports, progress and performance reports required under this award (excluding administrative financial information), and other reports, articles and papers prepared by the contractor under the award, whether published or not. The term does not include the contractor’s information that is incidental to award administration, such as financial, administrative, cost or pricing, or management information.

(b) Submissions to the Development Data Library (DDL)

(1) The Contractor must submit to the Development Data Library (DDL), at www.usaid.gov/data, in a machine-readable, non-proprietary format, a copy of any Dataset created or obtained in performance of this award, including Datasets produced by a subcontractor at any tier. The submission must include supporting documentation describing the Dataset, such as code books, data dictionaries, data gathering tools, notes on data quality, and explanations of redactions.

(2) Unless otherwise directed by the Contracting Officer (CO) or the Contracting Officer Representative (COR), the contractor must submit the Dataset and supporting documentation within thirty (30) calendar days after the Dataset is first used to produce an Intellectual Work or is of sufficient quality to produce an Intellectual Work. Within thirty (30) calendar days after award completion, the contractor must submit to the DDL any Datasets and supporting documentation that have not previously been submitted to the DDL, along with an index of all Datasets and Intellectual Work created or obtained under the award. The contractor must also provide to the COR an itemized list of any and all DDL submissions. The contractor is not required to submit the data to the DDL, when, in accordance with the terms and conditions of this award, Datasets containing results of federally funded scientific research are submitted to a publicly accessible research database.

However, the contractor must submit a notice to the DDL by following the instructions at www.usaid.gov/data, with a copy to the COR, providing details on where and how to access the data.

The direct results of federally funded scientific research must be reported no later than when the data are ready to be submitted to a peer-reviewed journal for publication, or no later than five calendar days prior to the conclusion of the award, whichever occurs earlier.

(3) The contractor must submit the Datasets following the submission instructions and acceptable formats found at www.usaid.gov/data.

(4) The contractor must ensure that any Dataset submitted to the DDL does not contain any proprietary or personally identifiable information, such as social security numbers, home addresses, and dates of birth. Such information must be removed prior to submission.

(5) The contractor must not submit classified data to the DDL.

H.7 ELECTRONIC PAYMENTS SYSTEM (AUG 2014) (PEB 2014-06)

1. Definitions:

a. “Cash Payment System” means a payment system that generates any transfer of funds through a transaction originated by cash, check, or similar paper instrument. This includes electronic payments to a financial institution or clearing house that subsequently issues cash, check, or similar paper instrument to the designated payee.

b. “Electronic Payment System” means a payment system that generates any transfer of funds, other than a transaction originated by cash, check, or similar paper instrument, which is initiated through an electronic terminal, telephone, mobile phone, computer, or magnetic tape, for the purpose of ordering, instructing or authorizing a financial institution to debit or credit an account. The term includes debit cards, wire transfers, transfers made at automatic teller machines, and point-of-sale terminals.

2. The contractor agrees to use an electronic payment system for any payments under this award to beneficiaries, subcontractors, or grants under contracts, where applicable.

3. Exceptions. The contractor is allowed the following exceptions, provided the contractor documents its contract file with the appropriate justification:

a. Cash payments made while establishing electronic payment systems, provided that this exception is not used for more than six months from the effective date of this award.

b. Cash payments made to payees where the contractor does not expect to make payments to the same payee on a regular, recurring basis, and payment through an electronic payment system is not reasonably available.

c. Cash payments to vendors below the micro purchase level as defined by FAR 2.101, or for Grants Under Contracts for less than $3000, when payment through an electronic payment system is not reasonably available.

d. The contractor has received a specific written exception from the Contracting Officer that a specific payment or all cash payments are authorized, based on the contractor’s written justification, which provides a basis and cost analysis for the requested exception.

4. More information about how to establish, implement, and manage electronic payment methods is available to contractors at http://solutionscenter.nethope.org/programs/c2etoolkit.”

H.8 PROHIBITION OF ASSISTANCE TO DRUG TRAFFICKERS

USAID reserves the right to terminate this contract, to demand a refund or take other appropriate measures if the Contractor is found to have been convicted of a narcotics offense or to have been engaged in drug trafficking as defined in 22 CFR Part 140.

H.9 DATA COLLECTION

The Contractor must submit all quantitative and qualitative data collected for the purposes of any work undertaken as part of this contract, including raw data, to the COR on a CD, DVD, external hard drive, or online shared drive such as Google Drive. Free online services are preferred. The Contractor must comply with USAID’s Open Data Policy.1 The Contractor will keep all collected data through the life of the contract, and then permanently destroy all data.

The Contractor is responsible for ensuring that informed consent and personal information of the studies’ respondents/participants are appropriately obtained, collected, and stored, in accordance with international standards.

H.10 CONFIDENTIALITY AND OWNERSHIP OF INTELLECTUAL PROPERTY

All reports generated and data collected during this project are considered the property of USAID and must not be reproduced, disseminated or discussed in open forum, other than for the purposes of completing the tasks described in this document, without the express written approval of a duly-authorized representative of USAID. All findings, conclusions and recommendations are considered confidential and proprietary.

H.11 INSURANCE

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

a. RATES:

CONTRACT

YEAR

PERIOD OF

PERFORMANCE

SERVICES CONSTRUCTION SECURITY

Base Period 12/1/15-11/30/17 $2.00 $4.50 $7.50 Option 1 12/1/17-11/30/18 $2.00 $4.50 $7.50/$10.00/

$12.50 (see

1 https://blog.usaid.gov/2014/10/announcing-usaids-open-data-policy/

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

$12.50 (see Notes)

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

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

1) If at the measurement date, the percentage of USAID security payroll remains between 0-10.0% of total payroll, the…