RFP_Learns_72044019R00006_Amendment_2.pdf

Request for Proposals (RFP) No: 72044019R00006 Amendment 2 Issue Date: March 13, 2019 Proposal Submission Due Date: April 01, 2019 at 1600 Hanoi local time

Subject: USAID Learns Program

To All Prospective Offerors:

Due to questions and answers from offerors, we are amending the solicitation. Please review the solicitation in its entirety.

USAID/Vietnam anticipates awarding a cost plus fixed fee term type contract with a period of performance of five (5) years, subject to the availability of funds. The Government is purchasing 34,764 days level of effort. A breakdown is provided in Section F. 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.

USAID is pursuing a very aggressive timeline for procurement and award of this program. Offerors should expect USAID to following the below schedule:

March 13: Amendment 1 with Questions and Conference Notes Posted March 20: Round 2 Answers Posted April 01: Proposals Due May 03: Competitive Range Notification (if established) May 06-10: Discussions (if held) June 07: Final Revised Proposals Due (if applicable) July 19: Award

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. Since USAID is utilizing a Statement of Objectives, offerors are highly encouraged to read Section L thoroughly. Proposals must be submitted electronically via e-mail on or before the due dates stipulated above, to Michael Capobianco at:

mcapobianco@usaid.gov and Huyen Dang at hdang@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. USAID appreciates the time and effort put into preparing proposals in response to this solicitation.

Sincerely, /s/

Michael Capobianco Contracting Officer USAID/Vietnam

RFP No. 72044019R00006 USAID Learns

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 “USAID Learns.”

B.2 CONTRACT TYPE AND CONTRACT SERVICES

This is a cost plus fixed fee term type 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 ESTIMATED COST, FIXED FEE, AND OBLIGATED AMOUNT

a) The estimated cost for the performance of the work required hereunder, exclusive of fixed fee, if any, is $TBD. The fixed fee for the contract period, if any, is $TBD. The estimated cost plus fixed fee, if any, is $TBD.

b) Within the estimated cost plus fixed fee (if any) specified in paragraph (a) above, the amount currently obligated and available for reimbursement of allowable costs incurred by the Contractor (any payment of fee, if any) for performance hereunder is $TBD. The Contractor must not exceed the aforesaid obligated amount.

c) Funds obligated hereunder are anticipated to be sufficient through TBD. Funding for this contract will be on an incremental basis, subject to the availability of funds.

B.4 CONTRACT BUDGET

a) The contract budget found herein is based on the Contractor’s original proposal and/or final proposal revision, which was accepted by USAID through award of this contract.

b) The following itemized budget sets forth the estimates for individual line items of cost:

Cost Category Total

1) Direct Costs TBD

2) Indirect Costs TBD

Total Estimated Cost TBD Fixed Fee TBD Total Estimated Cost Plus Fixed Fee TBD

These amounts may not be adjusted without a written modification signed by the Contracting Officer.

The contractor will not bill any amounts against this contract in excess of the amounts specified for each line item as illustrated above.

B.5 INDIRECT COST

Pending establishment of revised provisional or final indirect cost rates, allowable indirect costs must be reimbursed on the basis of the following negotiated provisional or predetermined rates and the appropriate bases:

Description Rate Base Type Period

TBD % 1/ 1/ 1/

1/ Base of Application:

Type of Rate:

Period:

B.6 ADVANCE UNDERSTANDING ON CEILING INDIRECT COST RATES AND

FINAL REIMBURSEMENT FOR INDIRECT COSTS

a) The Contractor must make no change in its established method of classifying or allocating indirect costs without the prior written approval of the Contracting Officer.

b) Reimbursement for indirect costs must be at the lower of the negotiated final (or predetermined) rates or the following ceiling rates:

Description 2018 2019 2020 2021 2022 2023

TBD % % % % % %

c) The Government will not be obligated to pay any additional amount should the final indirect cost rates exceed the negotiated ceiling rates. If the final indirect cost rates are less than the negotiated ceiling rates, the negotiated rates will be reduced to conform to the lower rates.

d) This advance understanding must not change any monetary ceiling, obligation, or specific cost allowance or disallowance. Any changes in classifying or allocating indirect costs require the prior written approval of the Contracting Officer.

B.7 COST REIMBURSABLE

The U.S. dollar costs allowable will be limited to reasonable, allocable, and necessary costs determined in accordance with FAR § 52.216-7, “Allowable Cost and Payment,” FAR § 52.232-20, “Limitation of Cost,” and FAR § 52.232-22, “Limitation of Funds,” if applicable, and AIDAR 752.7003, “Documentation for Payment.”

B.8 PAYMENT OF FIXED FEE

USAID will pay a proportion of the contractor’s fixed fee each month pursuant to FAR § 52.216-8, “Fixed Fee,” upon the receipt of an invoice deemed proper by the USAID Financial Management Office. Payment of fixed fee shall be allocated based upon the proportion of the level of effort (LOE) specified in Section F.4 that was provided by the Contractor in the period covered by the invoice. In the event that the Contractor does not provide the total LOE stipulated in Section F.4, the total amount of fixed fee will be reduced in similar proportion.

The paying office is USAID/RDMA, Financial Management Office, as specified in Section G.4.

[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 Learns” 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

FAR (48 CFR Chapter 1)

52.204-14 SERVICE CONTRACT REPORTING

REQUIREMENTS OCT 2016

52.246-5 INSPECTION OF

SERVICES--COST-REIMBURSEMENT APR 1984

E.2 INSPECTION AND ACCEPTANCE

USAID inspection and acceptance of services, reports and other required deliverables or outputs shall be in accordance with the final Quality Assurance Surveillance Plan (QASP) and take place at 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

ALTERNATE I APR 1984

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 LEVEL OF EFFORT

a) The Contractor must provide thirty-four thousand seven hundred sixty-four (34,764) days level of effort. The Contractor must provide the Level of Effort of all direct charged employee and subcontractor (consultants fall into one of these two categories) labor for the contract period of performance specified in Section F.2 above. The level of effort must be organized by labor categories as follows:

Labor Category Total LOE Key Personnel 3,900

CCN 24,362

USN/ TCN 6,502

Total LOE 34,764

b) The number of LOE for any labor category may not be used in any other labor category, unless prior approval by the Contracting Officer has been granted. Once the total LOE for the life of the contract has been fully expended, this contract is complete.

c) The Government is not obligated to reimburse the contractor for any actions which increase total LOE unless such actions have been authorized in writing by the Contracting Officer.

d) LOE is for productive work days. Leave and holidays do not count towards the provision of

LOE.

F.5 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM

USAID will evaluate the Contractor’s performance in accordance with FAR 42.15, corresponding USAID procedures, and the Contractor’s adherence to the annual work plan, the Quality Assurance Surveillance Plan, Contractor’s reporting against its Performance Monitoring and Evaluation Plan (PMEP), and quality reports described in Section F.7 below. 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.6 AUTHORIZED WORK WEEK

The standard work week is from Monday through Friday. No overtime or premium pay is authorized under this Contract. The Contractor is authorized up to a five-day work week for long-term staff. A six-day work week may be authorized on a case by case basis with the prior written approval of the designated Contracting Officer’s Representative (COR).

F.7 REPORTS AND 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.

All reports and plans are subject to written approval by the COR, except for the Demobilization plan and the Property Disposition plan, which are subject to Contracting Officer’s approval.

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. Quarterly Financial Report

The Contractor must submit a Quarterly Financial Report no later than thirty (30) days following the end of each USAID fiscal quarter. The reports must be no more than ten (10) pages and address at least the following points:

● Summary of all current Job Orders and their total value;

● Summary of all completed Job Orders for that current fiscal year;

● Total value of all current and completed Job Orders;

● Total funds committed by date by USAID into the Contract;

● Total funds expended by the Contractor to date, including a breakdown by the budget categories provide in the Contractor’s cost proposal and between Technical and Administrative services, with additional detail to be provided upon request by the COR;

● Pipeline (committed funds minus expended funds); and

● The overall total number of LOE days under the contract; the total number of LOE days utilized to date; and the total number of LOE days remaining (broken down by the labor categories provided in Section F.4).

b. Quarterly Pause and Reflect Meeting

No later than thirty (30) days after the end of each USAID fiscal quarter, the Contractor, in coordination with the COR, must schedule a pause and reflect meeting. The meeting must, at a minimum, cover a summary of all activities during the previous fiscal quarter, challenges encountered, proposed solutions, and any proposed shifts in activities or approaches with associated justification. The COR will also provide the Contractor with feedback on its performance during the previous quarter. This feedback must be documented with a copy provided to the CO.

c. Quarterly Notification of Changes Certification

No later than ten (10) days after the end of the fiscal quarter, the Contractor must submit a certification to the Contracting Officer indicating that either there have or have not been changes to the contract during the preceding quarter. If there have been changes with notification given per FAR 52.242-7, then the Contractor must summarize the changes in the certification. If there have been changes, but no notification has been given per FAR 52.242-7, the Contractor must provide the required information per the clause and an explanation why notification was not provided.

d. 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 AWP covering the first year of the contract period (from the effective date of the contract until September 30, 2020) must be submitted for approval within 30 days of the award of the contract and include plans for mobilization. Subsequent AWPs covering the fiscal year must be submitted by August 1st. The COR must review the AWP and provide comments within thirty days of receipt. The COR will collaborate with the Contractor, and consult with other related stakeholders when needed, in determining appropriate activities for each year. The Contractor must incorporate these comments and provide a revised version within one week of receiving USAID’s comments. The AWP must include major activities that will be undertaken, rationale behind these activities, projected budget per activity, and a timeframe for when activities will commence and end. Modifications that respond to changed conditions may be made; however, major modifications to each AWP are subject to the approval of the COR.

e. Activity Monitoring, Evaluation and Learning Plan

Within thirty (30) days after award, the contractor must submit a draft version of the Monitoring, Evaluation and Learning Plan (together with the AWP). 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 (MEL) 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 tracking the extent the Contractor is meeting the quality standards in Section C, 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. As this is a support contract in nature, the MEL Plan must focus on management and process related indicators. All data should be disaggregated by gender and age, whenever applicable.

f. 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. All evaluation reports that are submitted in English must be accompanied by a summary in Vietnamese.

g. Demobilization Plan

The Contractor must submit a Demobilization Plan to the CO for approval within 6 months prior to the end of the Contract. The Demobilization Plan must include an illustrative Property Disposition Plan, a plan for the phase-out of in-country operations, a delivery schedule for all reports or other deliverables required under the Contract and a timetable for completing all required actions in the Demobilization Plan, including the submission date of the final Property Disposition Plan to the CO. Both the illustrative and final Property Disposition Plan must include the inventory schedule required by FAR 52.245-1, a plan for the disposition of property to eligible parties and a timeline for the disposition of such property.

In addition, the Contractor must describe how all required prime and sub-award audits must be conducted after the demobilization of the Contractor.

h. Final Contract Completion Report

At least thirty (30) days prior to the end of the contract, 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.8 DELIVERABLES SCHEDULE

Report/Deliverable Date Due Delivery a.

Quarterly Financial Report

Submission no later than thirty (30) days following the end of each quarter. Report must be no more than ten (10) pages.

Electronically

COR/ACOR

b. Quarterly Pause and Reflect Meeting

No later than thirty (30) days after the end of each fiscal quarter.

Meeting with COR and others as appropriate

c. Quarterly Notification of Changes Certification

No later than ten (10) days after the end of the fiscal quarter.

Electronically

CO

d. Annual Work Plan The initial work plan covering the first year of the contract period (until September 30, 2020) must be submitted within 30 days of contract award.

Subsequent work plans must be submitted on or before August 1st.

Electronically

COR/ACOR

e. 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/ACOR

f. Consultant Reports, Technical Reports, Developed Materials.

No later than 10 days after the product is developed.

g. Demobilization Plan Submission is due within 6 months prior to the end of the contract.

Electronically CO

h. Final Contract Completion Report

Thirty (30) days prior to the end of the contract.

F.9 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 upon 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 AIDAR 752.7003 DOCUMENTATION FOR PAYMENT (NOV 1998)

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

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

TOTAL EXPENDITURES

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

Line Item Description Amount Vouchered to

Date Amount Vouchered This Period

0001 Product/Service Desc.

For Line Item 0001

$XXXX.XX $XXXX.XX

0002 Product/Service Desc.

For Line Item 0002

$XXXX.XX $XXXX.XX

TOTAL $XXXX.XX $XXXX.XX

(2) The fiscal report shall include the following certification signed by an authorized representative of the Contractor:

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

BY: ______________________________________________________

TITLE: _____________________________________________________

DATE: _____________________________________________________

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

(c) Upon compliance by the Contractor with all the provisions of this contract, acceptance by the Government of the work and final report, and a satisfactory accounting by the Contractor of all Government-owned property for which the Contractor had custodial responsibility, the Government shall promptly pay to the Contractor any moneys (dollars or local currency) due under the completion voucher.

The Government will make suitable reduction for any disallowance or indebtedness by the Contractor by applying the proceeds of the voucher first to such deductions and next to any unliquidated balance of advance remaining under this contract.

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

G.4 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.5 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.6 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.

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.7 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.8 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 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.3 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.”)

• An Initial Environmental Examination (IEE) [Number: Asia 19-026] has been approved for USAID/Vietnam. The IEE covers activities expected to be implemented under this contract.

USAID has determined that a Categorical Exclusion 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.4 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 secure coding 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.5 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.6 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.7 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.8 INSURANCE

Pursuant to AIDAR 752.228-3 Worker’s Compensation Insurance (Defense Base…