Attachment 1 to Amendment 1.pdf

Attachment 1 Amendment 1

RFP No. 72052321R00001

Promoviendo la integridad y la transparencia en los negocios (ProIntegridad) Activity

PART I – THE SCHEDULE

SECTION D – PACKAGING AND MARKING

D.4 MARKING

1. Description of public communications and program materials to be produced as part of the activity that will visibly bear the USAID Identity:

Standard USAID Identity:

2. “This project was made possible by the United States Agency for International Development and the generous support of the American People.”

[END OF SECTION D]

SECTION F – DELIVERIES OR PERFORMANCE

F.2 PERIOD OF PERFORMANCE

(a) The period of performance for this contract is four years base period from the effective date of the Contracting Officer’s signature on the cover page (the Base Period) and one subsequent one-year option period that may be exercised in accordance with FAR Part

17. The Government reserves the right to extend the term of this contract at the costs set forth in Section B in accordance with the terms and conditions contained in FAR 52.217-

9 entitled, “Option to Extend the Term of the Contract.”

(b) The period of performance for this contract is subject to the conditions set forth in

Section H.18.

[Note to Offerors: This language will be added to the award if it is based on the Foreign

Assistance waiver. If the apparently successful Offeror does not require a waiver, this additional language will be deleted from the award document.]

(c) The Contractor must ensure that the Contracting Officer approved adjustments to the original estimated completion date, if any, do not result in costs incurred that exceed the total estimated cost of the contract. Under no circumstances will such adjustments authorize the Contractor to be paid any sum in excess of the contract price.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.18 FAR PART 4.21 PROHIBITION ON CONTRACTING FOR CERTAIN

COVERED TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (SECTION 889) (JANUARY 2021)

[Note to Offerors: This language will be added to the award if it is based on the Foreign

Assistance waiver. If the apparently successful Offeror does not require a waiver, this additional language will be deleted from the award document.]

(a) The award of this contract is based on the Section 889 Foreign Assistance Waiver USAID received from the Director of National Intelligence (DNI), which expires on September 30, 2022.

Accordingly, the Contractor must submit the FAR 52.204-24 Representation Regarding Certain

Telecommunications and Video Surveillance Services or Equipment, to the Contracting Officer, as soon as the contractor is no longer using any covered technology but no later than March 31, 2022.

(b) In addition to the disclosure requirements at FAR 52.204–24(e), if the Contractor represents that it does use covered telecommunications equipment or services, the Contractor must describe the circumstances (including in-country circumstances) where the Contractor uses covered technology. This must include:

1. identification of whether the covered equipment and/or services are provided by third-party communications service providers, such as the internet, phone, utilities, or others;

2. the specific country(ies) where it is used; and

3. a description of the presence of any other covered technology, whether in any internal systems or elsewhere in the supply chain.

(c) If the contractor continues to use covered technology as of March 31, 2022 and there is no applicable waiver in place, the contract period of performance will end on September 30, 2022, as the Contractor is no longer legally eligible for an award. The Contractor will only be entitled to costs incurred through the period of performance including close-out costs. The Contractor is not entitled to settlement costs associated with Termination for Convenience (FAR part 49). Any applicable fee will be adjusted commensurate with work completed as of September 30, 2022.

[END OF SECTION H]

PART II – CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

I.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days prior to contract expiry; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 90 days before the contract expires.

The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed six years.

(End of clause)

I.5 FAR 52.222-2 PAYMENT FOR OVERTIME PREMIUMS (JUL1990)

(a) The use of overtime is authorized under this contract if the overtime premium does not exceed *______________ or the overtime premium is paid for work-

(1) Necessary to cope with emergencies such as those resulting from accidents, natural disasters, breakdowns of production equipment, or occasional production bottlenecks of a sporadic nature;

(2) By indirect-labor employees such as those performing duties in connection with administration, protection, transportation, maintenance, standby plant protection, operation of utilities, or accounting;

(3) To perform tests, industrial processes, laboratory procedures, loading or unloading of transportation conveyances, and operations in flight or afloat that are continuous in nature and cannot reasonably be interrupted or completed otherwise; or

(4) That will result in lower overall costs to the Government.

(b) Any request for estimated overtime premiums that exceeds the amount specified above shall include all estimated overtime for contract completion and shall-

(1) Identify the work unit; e.g., department or section in which the requested overtime will be used, together with present workload, staffing, and other data of the affected unit sufficient to permit the Contracting Officer to evaluate the necessity for the overtime;

https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=80fb588108eda34822560ae27fdc9a0d&term_occur=1&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.217-9

(2) Demonstrate the effect that denial of the request will have on the contract delivery or performance schedule;

(3) Identify the extent to which approval of overtime would affect the performance or payments in connection with other Government contracts, together with identification of each affected contract; and

(4) Provide reasons why the required work cannot be performed by using multishift operations or by employing additional personnel.

* Insert either "zero" or the dollar amount agreed to during negotiations. The inserted figure does not apply to the exceptions in paragraph (a)(1) through (a)(4) of the clause.

I.6 FAR 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020)

(a) Definitions. As used in this clause-

"Active duty wartime or campaign badge veteran," "Armed Forces service medal veteran,"

"disabled veteran," "protected veteran," "qualified disabled veteran," and "recently separated veteran" have the meanings given at Federal Acquisition Regulation (FAR)22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the

Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts valued at or above the threshold specified in FAR 22.1303(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

I.7 FAR 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES

(JUN 2020)

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

https://www.acquisition.gov/far/22.1301#FAR_22_1301 https://www.acquisition.gov/far/22.1303#FAR_22_1303

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of the threshold specified in Federal Acquisition Regulation

(FAR) 22.1408(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract

Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

I.8 FAR 52.247-67 SUBMISSION OF TRANSPORTATION DOCUMENTS FOR

AUDIT (FEB 2006)

(a) The Contractor shall submit to the address identified below, for prepayment audit, transportation documents on which the United States will assume freight charges that were paid-

(1) By the Contractor under a cost-reimbursement contract; and

(2) By a first-tier subcontractor under a cost-reimbursement subcontract thereunder.

(b) Cost-reimbursement Contractors shall only submit for audit those bills of lading with freight shipment charges exceeding $100. Bills under $100 shall be retained on-site by the Contractor and made available for on-site audits. This exception only applies to freight shipment bills and is not intended to apply to bills and invoices for any other transportation services.

(c) Contractors shall submit the above referenced transportation documents to- the COR (email address as included in the COR Designation Letter).

I.9 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

https://www.acquisition.gov

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

(a) The contractor must annually submit a report by April 16 of the next year.

(b) Contents of Report. The report must contain:

(1) Contractor name.

https://www.acquisition.gov/far/22.1408#FAR_22_1408 https://www.acquisition.gov/

(2) Contact name with phone, fax and email.

(3) Contract number(s).

(4) Amount of foreign taxes assessed by a foreign government [each foreign government must be listed separately] on commodity purchase transactions valued at $500 or more financed with U.S. foreign assistance funds under this agreement during the prior U.S.

fiscal year.

(5) Only foreign taxes assessed by the foreign government in the country receiving U.S.

assistance is to be reported. Foreign taxes by a third party foreign government are not to be reported. For example, if a contractor performing in Lesotho using foreign assistance funds should purchase commodities in South Africa, any taxes imposed by South Africa would not be reported in the report for Lesotho (or South Africa).

(6) Any reimbursements received by the contractor during the period in (4) regardless of when the foreign tax was assessed and any reimbursements on the taxes reported in (4) received through March 31.

(7) Report is required even if the contractor did not pay any taxes during the report period.

(8) Cumulative reports may be provided if the contractor is implementing more than one program in a foreign country.

(c) Definitions. For purposes of this clause:

(1) “Agreement” includes USAID direct and country contracts, grants, cooperative agreements and interagency agreements.

(2) “Commodity” means any material, article, supply, goods, or equipment.

(3) “Foreign government” includes any foreign governmental entity.

(4) “Foreign taxes” means value-added taxes and custom duties assessed by a foreign government on a commodity. It does not include foreign sales taxes.

(5) Where. Submit the reports to: [insert address and point of contact at the Embassy, Mission, or CFO/CMP as appropriate].

(d) Where: Submit the reports to COR.

(e) Sub agreements: The contractor must include this reporting requirement in all applicable subcontracts and other sub agreements.

(f) For further information see http://www.state.gov/m/rm/c10443.htm.

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

REQUIREMENTS (OCT 2017)

(a) (1) The term Government-furnished property, wherever it appears in the following clause, shall mean (i) non-expendable personal property owned by or leased to the U.S.

Government and furnished to the contractor, and (ii) personal property furnished either prior to or during the performance of this contract by any U.S. Government accountable officer to the contractor for use in connection with performance of this contract and identified by such officer as accountable. All mobile Information Technology (IT) equipment, including but not limited to, mobile phones (e.g. smartphones), laptops, tablets, and encrypted devices provided as government furnished property, title to which vests in the U.S. Government, are considered accountable personal property.

(2) The term Government property, wherever it appears in the following clause, shall mean Government-furnished property, Contractor acquired mobile IT equipment and non-expendable personal property title to which vests in the U.S. Government under this contract.

(3) Non-expendable personal property, for purposes of this contract, is defined as personal property that is complete in itself, does not lose its identity or become a component part of another article when put into use; is durable, with an expected service life of two years or more; and that has a unit cost of more than $500.

(b) Reporting Requirement: to be inserted following the text of the (48 CFR)

FAR clause.

Reporting Requirements: The contractor will submit an annual report on all non-expendable property in a form and manner acceptable to USAID substantially as follows:

ANNUAL REPORT OF GOVERNMENT PROPERTY IN

CONTRACTOR'S CUSTODY

[Name of contractor as of (end of contract year), 20XX]

Motor vehicles

Furniture and furnishings—

Other

Government

Office Living quarters

A. Value of property as of last report

B. Transactions during this reporting period

1. Acquisitions (add):

a. Contractor acquired property1

b. Government furnished2

c. Transferred from others, without reimbursement3

2. Disposals (deduct):

a. Returned to USAID

b. Transferred to USAID—contractor purchased

c. Transferred to other Government agencies3

d. Other disposals3

C. Value of property as of reporting date

D. Estimated average age of contractor held property

Years Years Years Years

1 Non-expendable property and all mobile IT equipment.

2 Government furnished property listed in this Contract as nonexpendable or accountable, including all mobile IT equipment..

3 Explain if transactions were not processed through or otherwise authorized by USAID.

Property Inventory Verifications

I attest that (1) physical inventories of Government property are taken not less frequently than annually; (2) the accountability records maintained for Government property in our possession are in agreement with such inventories; and (3) the total of the detailed accountability records maintained agrees with the property value shown opposite line C above, and the estimated average age of each category of property is as cited opposite line D above.

Authorized Signature

I.12 AIDAR 752.252-2 AIDAR CLAUSES INCORPORATED BY REFERENCE (MAR

2015)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the contracting officer will make their full text available. Also, the full text of all AIDAR contract provisions and contract clauses are available at the following site: http://auslnxapvweb01.usaid.gov/ADS/300/aidar.pdf.

I.13 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] http://auslnxapvweb01.usaid.gov/ADS/300/aidar.pdf

Line Item

No.

Description Amt. Vouchered to

Date

Amt. Vouchered this

Period

0001 Product/Services Desc. for Line

Item 0001

$XXXX.XX $XXXX.XX

0002 Product/Services 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.”

[END OF SECTION I]

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION L –INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFEROR

L.6.c.5 Technical Approach

The purpose of the Performance Work Statement (PWS) Section is to outline, in detail, the

Offeror’s understanding of the Statement of Objectives, their methodology for achieving all the stated outcomes and the minimum required results under each. It should also provide a clear, observable and realistic path towards achieving the objectives and related results outlined in

Section C, providing enough information to permit thorough evaluation of the proposal pursuant to the criteria described in Section M.2. The PWS should not merely repeat the contents of this

RFP; rather it should offer original, critical thinking and analysis related to each objective.

The PWS proposed by the successful Offeror will become Section C of the resultant contract.

The PWS must be written in contractual language, indicating that the Contractor “must” undertake enumerated tasks and obligations. It must not use language such as “we propose.” The

PWS must succinctly, accurately, and objectively state the technical specifications of the work the Contractor is obligated by the contract to perform.

The Offeror must prepare an innovative, evidence-based, and effective Performance Work

Statement (PWS)/Technical Approach that will demonstrate an understanding of the problem and solutions and articulate:

1. How the Offeror intends to achieve the objectives of the contract as outlined in

ATTACHMENT J.1, Statement of Objectives (SOO). The Offeror must demonstrate technical knowledge, analytical depth, and a logical performance and results-based approach that makes clear how the proposed objectives will be accomplished in a fluid operating environment. The Offeror must take a holistic and entrepreneurial approach, demonstrating innovation and flexibility and including the parameters outlined in the SOO. Taken together, the interventions must support and reinforce each other and link with relevant USAID, USG, and GOM activities and priorities.

The Offeror must specifically propose strategies to maximize gender in all aspects of the activity and to ensure sustainability of the interventions.

2. The PWS must include the following components in the PWS/Technical Proposal

Body (not in the Annexes, unless otherwise noted):

o A summary chart listing proposed interventions to achieve the objectives, the name of any sub-partner implementing the intervention (if known), period of performance and proposed geography. USAID encourages innovation and new approaches to achieve the objectives and results outlined in the SOO.

o For each proposed intervention, additional information as follows:

• A description of the intervention.

• A plan for coordinating implementation of the intervention with the GOM, USAID, and/or other donor activities at all appropriate levels. at all appropriate levels;

• A plan for synergy and avoiding duplication of effort with existing USAID/Mexico activities, along with other USG and other donor-funded activities, as applicable;

• An illustrative implementation plan for the intervention;

• Any proposed sub-partners; and

• At least two proposed indicators per intervention and semi-annual targets for each indicator.

Grants Under Contracts (GUCs). In addition, the offeror must clearly explain how relevant local organizations will be incorporated into proposed activities utilizing GUCs and clearly explain how these activities will complement direct engagement with GOM counterparts, and other

USAID and/or donor activities.

[END OF ATTACHMENT 1]