72060520R00002..pdf

Physical Address:

U.S. Agency for International Development Mobil Building, N° 198 Avenue Isiro Gare Centrale, Gombe/Kinshasa Democratic Republic of the Congo

U.S. Postal Address:

USAID/DRC

Unit 31550

APO AE 09828-1550

Tel: (+243) 81 555 4430 Fax (+243) 81 555 3528 www.usaid.gov/democratic-republic-congo/

Dear Prospective Offeror:

Subject: Solicitation for consultancy

The United States government, represented by the U.S. Agency for International Development (USAID), invites qualified individuals to submit a proposal to provide a short --term consultancy.

The Request for Proposals (RFP) consists of the following sections:

1. Standard Form, SF 1449

2. Scope of Work/Bid Schedule

You are encouraged to make your proposal competitive. Also, you are cautioned against any collusion with other potential offerors regarding price quotations to be submitted.

Questions and proposal submission under the RFQ can be sent via email to bkabeya@usaid.gov and andiaye@usaid.gov. Your proposal must be accompanied by a separate financial proposal.

Issuance of this RFP does not constitute an award or commitment on the part of the U.S Government, nor does it commit the U.S. Government to pay for costs incurred in the preparation and submission of a proposal. RFPs are due on August 14, 2020.

Designated Office:

Executive Office

USAID/DRC

Mobile Building 198 Isiro Avenue Kinshasa/Gombe

DRC

We look forward to receiving your proposal and thank you in advance for your interest in USAID/DRC procurement opportunities.

Sincerely, Priscilla Sampil Contracting Officer mailto:bkabeya@usaid.gov mailto:andiaye@usaid.gov.

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

USAID/DROC CODE 16. ADMINISTERED BYCODE

X

X

541620

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OR

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

08/14/2020 1400 A

07/17/2020

+243 81 715 1139Boris Kabeya (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

72060520R00002

5. SOLICITATION NUMBER

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

1 35 REQ-605-20-000008OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

Kinshasa/Gombe, DROC 1980 Isiro Avenue

USAID/DROC

Executive Office

USAID/DROC

15. DELIVER TO

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$16.50

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

0001 USAID/DRC/CARPE embarked on a new round of activity design and procurement during FY19 and FY20, which will result in multiple possible awards. The Environmental Partnership Program (EPP) APS identified seven priority funding areas for concept papers and eventual co-designs: 1.

Co-management of 2 DRC and 1 ROC protected areas:

Attract private financing & management; 2.

Community forestry concessions; 3. Tourism expansion; 4. Developing alternatives to

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

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

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

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

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

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

wild-caught bushmeat; 5. Displace charcoal use in urban and peri-urban areas; 6. Countering wildlife poaching and trafficking; and 7.

Alternatives to shifting agriculture In addition to the EPP APS,, two contracts, Forestry and

Biodiversity Support and Conservation through

Economic Empowerment in the Republic of Congo

(CEERC) will be awarded in FY20 to support these objectives and the CARPE program in general.

CARPE also embarked on a strategy process in

FY2020 to refresh and update its strategy, which expires at the end of the fiscal year. This new strategy will serve as a communications tool and an input into the USAID/DRC CDCS.

Starting in FY2021, the workload of CARPE staff will increase exponentially as a result of these new procurements. Timely on-demand support in a variety of tasks will enable CARPE staff to carry out these tasks more effectively and efficiently.

The CARPE advisor is tasked to support the above processes with expertise in strategic planning, project design and implementation, monitoring, evaluation/assessment and communications. The advisor is expected to apply knowledge of the

CARPE program as well as the country and regional contexts and support integrated programming and efforts for enhanced outcomes.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

35 2 of

Table of Contents

SECTION A- TITLE

SECTION B - SUPPLIES OR SERVICES/PRICES

SECTION-C DESCRIPTION / SPECIFICATIONS / STATEMENT OF WORK

SECTION D - PACKAGING AND MARKING

SECTION E - INSPECTION AND ACCEPTANCE

SECTION F - DELIVERABLES OR PERFORMANCE

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION H - SPECIAL CONTRACT REQUIREMENTS

SECTION I - CONTRACT CLAUSES

SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER

STATEMENTS OF OFFERORS

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

SECTION M - EVALUATION FACTORS FOR AWARD

72060520R00002

SECTION A- TITLE

SOLICITATION FOR CONSULTANCY

SECTION B - SUPPLIES OR SERVICES/PRICES

B.1 PURPOSE

USAID/DRC is seeking an experienced firm or individual with the ability to perform the tasks stated in Section C of this document as a consultant. The timeline will be from on/or about October 1, 2020, through September 30, 2020.

B.2. CONTRACT TYPE

The contract type is firm-fixed-price awarded based on deliverables. A firm-fixed-price contract provides for a price that is not subject to any adjustment on the basis of the contractor’s cost experience in performing the contract. The contractor shall provide the service and deliverables described in Section C ‘Statement of Work’ and Section F.5 Deliverables and Minimum Requirements, in accordance with the terms and conditions set forth in this solicitation and resulting award.

B.3 BUDGET AND CEILING PRICE

The firm - fixed price of the contract is TBD.

Description Costs Fee TBD Air Fare TBD Per diem (lodging) TBD Per diem (M&IE) TBD Miscellaneous (ATM, VISA, transportation in country)

TBD

Supplies, Communication (If any) TBD

Estimated Total TBD

B.4. PAYMENT SCHEDULE

The expected deliverables and payment timeline will be as follows-

Summary of deliverables Estimated due date

Payment

1. Provide a draft work plan and schedule. Within two weeks of the effective date of the award

15% of the total payment upon acceptance of deliverable and proper invoice.

2. Review of concept papers and full project proposals (Technical applications, work plans, analyses, budgets, monitoring plans and other documents) received under the USAID/CARPE APS, IPs NPI/PSO and HEALTH and submit a three to five-page report on the review of concepts papers, in consultation with USAID/CARPE

Within 3 months of the effective date of the award

15% of the total payment upon acceptance of deliverable and proper invoice.

3. Participation in co-design efforts with successful applicants. Produce comments and suggestions to maximize the co-design efforts.

Within 6 months of effective date of the award

15% of the total payment upon acceptance of deliverable and proper invoice.

4. Guide the development of partners’ political economy, social impact and human rights studies, analyses, or reports.

and provide copyediting, research analysis, fieldwork, knowledge management and translation services as needed and submit five to ten pages review

Within 8 months of effective date of the award

15% of the total payment upon acceptance of deliverable and proper invoice.

5. Review of work plans and monitoring plans for FABS, CEERC and APS, HEARTH projects and submit five to ten pages review

Within 10 months of effective date of the award

20% of the total payment upon acceptance of deliverable and proper invoice.

6. Carry out follow-up on engaging indigenous peoples, such as crafting of indicators and other measures for new projects, developing trainings, vetting expertise in new projects, drafting or reviewing scopes of work for institutional analysis. Submit final proposals/assessment report to CARPE

Within 12 months of effective date of the award

20% of the total payment upon acceptance of deliverable and proper invoice.

The consultant shall submit invoices to USAID which shall receive initial technical approval by the USAID/DRC CARPE Team Lead of this activity, before payment will be made.

END OF SECTION B

SECTION-C DESCRIPTION / SPECIFICATIONS / STATEMENT OF WORK

I. Introduction

The Democratic Republic of the Congo (DRC) is a strategic priority for the U.S. Government due to its large size, regional importance, and the risk of continued conflict spreading beyond the nation’s borders. Despite its tremendous economic potential and natural resources, it is among the world's least developed countries and continues to suffer from weak state capacity.

The Central Africa Regional Program for the Environment (CARPE) Office in the DRC manages USAID’s largest biodiversity investment in the world addressing globally important species and the world’s second largest remaining intact rainforest. The Congo rainforest is a key global “sink” of carbon that is vital in the fight against global climate change and is also an important source of food, shelter and livelihoods for the approximately 80 million people who live in the region.

The CARPE program takes a long-term approach to regional forest, habitat and biodiversity protection and has received increasing support through a specific earmark in the Congressional Appropriations Bill for this program each year. Through this earmark, the CARPE program addresses Congressional priorities defined in the Lacey Act, the END Wildlife Trafficking Act and Presidential priorities established in the President’s Executive Order on Combating Wildlife Trafficking issued on July 1, 2013. CARPE also responds to Congressional direction to apply an estimated $7.5 million annual investment to prevent further decline of the Congo Basin rainforest to preserve this vital carbon sink and prevent further climate changes. This investment in climate change is consistent with current U. S. Government policy and statements on the subject.

The CARPE management team comprises both local and international staff and staffing levels are adequate for routine operations of ongoing activities. However, CARPE is entering a new phase at the end of FY20 and start of FY21 and there will be significantly more work to refine and redirect the program in accordance with recently completed, ongoing and required analyses and to bring this complex program into closer alignment with U.S. Legislative and Presidential priorities. The USAID/DRC Mission seeks to hire a highly skilled conservation planner as a consultant to support the CARPE team during this surge in work. Securing these consultant services will allow USAID to protect past investments and respond to the National Security and Legislative priorities of the Congressional and Executive Branches of the U.S. Government.

II. PURPOSE

USAID/DRC/CARPE embarked on a new round of activity design and procurement during FY19 and FY20, which will result in multiple possible awards. The Environmental Partnership Program (EPP) APS identified seven priority funding areas for concept papers and eventual co-designs: 1. Co-management of 2 DRC and 1 ROC protected areas: Attract private financing & management; 2. Community forestry concessions; 3.

Tourism expansion; 4. Developing alternatives to wild-caught bushmeat; 5. Displace charcoal use in urban and peri-urban areas; 6. Countering wildlife poaching and trafficking; and 7. Alternatives to shifting agriculture In addition to the EPP APS,, two contracts, Forestry and Biodiversity Support and Conservation through Economic Empowerment in the Republic of Congo (CEERC) will be awarded in FY20 to support these objectives and the CARPE program in general. CARPE also embarked on a strategy process in FY2020 to refresh and update its strategy, which expires at the end of the fiscal year. This new strategy will serve as a communications tool and an input into the USAID/DRC CDCS.

Starting in FY2021, the workload of CARPE staff will increase exponentially as a result of these new procurements. Timely on-demand support in a variety of tasks will enable CARPE staff to carry out these tasks more effectively and efficiently. The CARPE advisor is tasked to support the above processes with expertise in strategic planning, project design and implementation, monitoring, evaluation/assessment and communications. The advisor is expected to apply knowledge of the CARPE program as well as the country and regional contexts and support integrated programming and efforts for enhanced outcomes.

III. STATEMENT OF WORK

The consultant will provide expert analysis and advice to the CARPE Office Director during the period of performance. The consultant hired under this statement of work will have latitude to identify additional areas that need support and to provide that support to the CARPE team. Work will include providing expertise and support to integrated Mission efforts which involve CARPE and the Peace and Security Office (PSO) as appropriate. Specific areas identified for support include (but are not limited to):

1. Review partner work plans, analyses, budgets, communications, monitoring plans and other documents and assist in writing up feedback.

2. In collaboration with Kyle Rearick, guide the development of partners’ political economy, social impact and human rights studies, analyses, or reports.

3. Support co-design processes under the APS and HEARTH.

4. Support work with indigenous peoples and local communities across the CARPE and the Peace & Security Office (PSO) portfolios, including but not limited to:

Support the Advancing the Rights of Indigenous Peoples New Partnerships Initiative co-design in collaboration with PSO.

5. Support trainings and assessments, on topics such as political economy, conflict, human rights and others, in collaboration with PSO at the intersections of peace, conflict, and the environment.

6. When feasible, carry out field assessments to interview local partners and constituents.

7. Provide copyediting, communications, research analysis, fieldwork, knowledge management and translation services as needed.

Much work has already been completed to analyze threats to forests, biodiversity and establish a viable path to address these threats in the region. Past desk studies, data analysis, and research will be provided as needed to ensure the consultant is building on the established foundation of knowledge. The consultant must work closely with the USAID CARPE Office Director to contribute analysis and ensure deliverables.

IV. Deliverables

Summary of deliverables Estimated due date

1. Provide a draft work plan and schedule. Within two weeks of the effective date of the award

2. Review of concept papers and full project proposals (Technical applications, work plans, analyses, budgets, monitoring plans and other documents) received under the

Within 3 months of the effective date of the award

USAID/CARPE APS, IPs NPI/PSO and HEALTH and submit a three to five-page report on the review of concepts papers, in consultation with USAID/CARPE

3. Participation in co-design efforts with successful applicants. Produce comments and suggestions to maximize the co-design efforts.

Within 6 months of effective date of the award

4. Guide the development of partners’ political economy, social impact and human rights studies, analyses, or reports.

and provide copyediting, research analysis, fieldwork, knowledge management and translation services as needed and submit five to ten pages review

Within 8 months of effective date of the award

5. Review of work plans and monitoring plans for FABS, CEERC and APS, HEARTH projects and submit five to ten pages review

Within 10 months of effective date of the award

6. Carry out follow-up on engaging indigenous peoples, such as crafting of indicators and other measures for new projects, developing trainings, vetting expertise in new projects, drafting or reviewing scopes of work for institutional analysis. Submit final proposals/assessment report to CARPE

Within 12 months of effective date of the award

SECTION D - PACKAGING AND MARKING

This section is not applicable to the Purchase Order.

END OF SECTION D

SECTION E - INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING PURCHASE ORDER CLAUSES INCORPORATED BY REFERENCE

This purchase order 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 these addresses: http://farsite.hill.af.mil/vffara.htm and http://transition.usaid.gov/policy/ads/300/aidar.pdf

FAR 52.202-2, Clauses Incorporated by Reference, the Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

NUMBER TITLE DATE

52.246-4 Inspection of Services – Fixed-Price AUG 1996

E.2 INSPECTION AND ACCEPTANCE

USAID/DRC inspection and acceptance of services takes place at:

USAID/DRC

198 Isiro Avenue Kinshasa/Gombe

DRC

END OF SECTION - E

http://farsite.hill.af.mil/vffara.htm http://transition.usaid.gov/policy/ads/300/aidar.pdf

SECTION F - DELIVERABLES OR PERFORMANCE

F.1 NOTICE LISTING ORDER CLAUSES INCORPORATED BY REFERENCE

The following order clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this order. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

NUMBER TITLE DATE

FEDERAL ACQUISITION REGULATION

(48 CFR Chapter 1)

52.242-15 STOP-WORK ORDER AUG 1989

F.2 PERIOD OF PERFORMANCE

The period of performance for this service is a period of twelves months, and is expected to start immediately upon contract award to the successful contractor, with the possibility to extend the performance period for additional work. Completion of the described deliverables is expected to take no longer than 360 calendar days, starting on or about October 1, 2020 and ending on or September 30, 2021.

Depending upon the needs of USAID, the concurrence of the USAID/DROC CARPE Team Lead, the availability of the consultant, and the approval of the Contracting Office, a determination to extend the contract up to one additional year may be agreed upon.

F.3 PLACE OF PERFORMANCE

The consultant is expected to spend a reasonable number of days of the consultation period in Kinshasa, DRC, and will account for days worked with USAID DRC. The final arrangement shall be agreed upon with

USAID/DRC.

F. 4. WORK SCHEDULE

The regular work week at the USAID Mission in Kinshasa is Monday – Thursday; 7:30 am to 5:15 pm and Friday from 7:30 – 12:30, which may require the contractor to be available for calls during USAID/DRC regular working hours. The contractor will be responsible for arranging his/her own work premises and transportation and expected to have planned regular consultation meetings and presentation with USAID staff in the Office compound.

F.5 DELIVERABLES AND MINIMUM REQUIREMENTS

See Section C for detailed Deliverables.

Required Skill Set

The contractor will work from his or her own base and must have:

Advanced degree in anthropology, economics, political science or development-related field.

A minimum of five years of experience working in Central Africa, with demonstrated understanding of African society and political situation.

Previous experience working with the U.S. government and familiarity with USG processes and procedures.

Ability to convey complex material clearly, concisely and effectively in layman’s terms.

Writing must be grammatical, properly punctuated, syntactically sound and logically organized, consistent with Modern Language Association style, with all findings fully substantiated.

END OF SECTION F

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 ADMINISTRATIVE CONTRACTING OFFICE

The Administrative Contracting Office is:

USAID/DRC

Executive Office Mobile Building 198 Isiro Avenue Kinshasa

DRC

G.2 CONTRACTING OFFICER'S AUTHORITY

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

G.3 ACCEPTANCE, APPROVAL AND PAYMENT

This is a firm --fixed-price contract awarded based on successful completion of the required deliverables as stated in the SOW. A firm-fixed price contract provides for a price that is not subject to any adjustment on the basis of the contractor’s cost experience in performing the contract.

Payments shall be made upon successful completion, submission and acceptance of the required services and/or deliverables.

The Contractor shall submit An invoice along with the “Public Voucher SF- 1034” to USAID Kinshasa Payment Section, USAID/DRC, for payment indicating the service contract number and description of services. All invoices should be submitted electronically to: kinshasaofm@usaid.gov.

G.4 INVOICES

Submission of invoices shall be done electronically. Soft or electronic copies of the invoice shall be sent to:

kinshasaofm@usaid.gov with a copy to the Contracting Officer Representative’s email address.

(i) Send via email, one invoice, all other required supporting documents, and SF- 1034 Public Voucher for Purchases and Services Other Than Personal.

(ii) The SF-1034 must be signed,

(iii) The invoice should provide the bank account details which should include the bank account number, the bank name and address, the SWIFT Code and the EFT number.

G.5 PAYMENT TERMS

mailto:kinshasaofm@usaid.gov mailto:paymentsdhaka@usaid.gov

Payment shall be made to the vendor upon receipt and acceptance of deliverables by USAID/DRC, and receipt of a valid invoice. Payment will be made per the actual invoice (with supporting documentation) and through the Prompt Payment Act (within 30 days after receiving a proper invoice by EFT or Check).

END OF SECTION G

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 NOTICE LISTING PURCHASE ORDER CLAUSES INCORPORATED BY

REFERENCE

This purchase order 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 these addresses: http://farsite.hill.af.mil/vffara.htm and http://transition.usaid.gov/policy/ads/300/aidar.pdf.

AIDAR 752.2, Clauses Incorporated by Reference (Feb 1998). The Contractor shall comply with the following USAID Acquisition Regulation (AIDAR) clauses that are incorporated by reference:

NUMBER

752.202-1

TITLE

USAID DEFINITIONS CLAUSE – SUPPLEMENT FOR USAID

DATE

DEC 1986

752.209-71 CONTRACTS INVOLVING PERFORMANCE OVERSEAS

ORGANIZATGION CONFLICT OF INTEREST DISCOVERED

AFTER AWARD

JUN 1993

752.211-70 LANGUAGE AND MEASUREMENT JUN 1992

752.225-70 SOURCE ORIGIN AND NATIONALITY REQUIREMENTS FEB 1997

752.225-71 LOCAL PROCUREMENT FEB 1997

752.7002 TRAVEL AND TRANSPORTATION JAN 1990

752.227-14 RIGHTS IN DATA – GENERAL OCT 2007

752.228-7 INSURANCE - LIABILITY TO THIRD PERSONS JUL 1997

752.228-70 MEDICAL EVACUATION (MEDVAC) SERVICES JUL 2007

752.229-70 FEDERAL, STATE AND LOCAL TAXES. -

752.7008 USE OF GOVERNMENT FACILITIES OR PERSONNEL APR 1984

752.7010 CONVERSION OF U.S DOLLARS TO LOCAL CURRENCY APR 1984

752.7013 CONTRACTOR-MISSION RELATIONSHIP OCT 1989

752.7025 APPROVALS APR 1984

752.7027 PERSONNEL DEC 1990

752.7009 MARKING JAN 1993

752.7032 INTERNATIONAL TRAVEL APPROVAL AND JAN 1990

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

752.7033 NOTIFICATION REQUIREMENTS

PHYSICAL FITNESS

JULY 1997

A. EXECUTIVE ORDER ON TERRORISM FINANCING

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

END OF SECTION – H

SECTION I - CONTRACT CLAUSES

I.1 NOTICE LISTING PURCHASE ORDER CLAUSES INCORPORATED BY REFERENCE

This purchase order 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 these addresses: http://farsite.hill.af.mil/vffara.htm and http://transition.usaid.gov/policy/ads/300/aidar.pdf

(b) FAR 52.202-2 , Clauses Incorporated by Reference. The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

Number TITLE DATE

52. 202-1 DEFINITIONS NOV 2013

52.203-5 COVENANT AGAINST CONTINGENT FEES MAY 2014

52.212-2 EVALUATION Oct 2014

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUES AND EXECUTIVE ORDERS

May 2019

52.216-24 LIMITATION OF GOVERNMENT LIABILITY APR 1984

52.216-25 CONTRACT DEFINITIZATION OCT 2010)

52.222-50 COMBATING TRAFFICKING IN PERSONS JAN 2019

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT

MESSAGING WHILE DRIVING

AUG 2011

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES JUN 2008

52.225-25 PROHIBITION TO CONTRACTING WITH ENTITIES

ENGAGING IN SANCTIONED ACTIVITIES RELATING TO

IRAN – REPRESENTATION AND CERTIFICATION

AUG 2018

52.232-25 PROMPT PAYMENT JAN 2017

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER - CENTRAL

CONTRACTOR REGISTRATION

OCT 2018

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS. JUN 2013

52.233-3 PROTEST AFTER AWARD AUG 1996

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM.

(OCT 2004)

OCT 2004

http://farsite.hill.af.mil/vffara.htm http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1476_206928

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS JAN 2019

52.247.63 PREFERENCE FOR US-FLAG AIR CARRIERS JUN 2003

END OF SECTION I

SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

Attachment Number

Description

1 USAID NON-EMPLOYEE VENDOR REQUEST / UPDATE FORM

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF OFFERORS

K.1 52.212-3 Offeror Representations and Certifications-Commercial Items (Oct 2018)

OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (OCT 2018)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u)) of this provision.

1. (a) Definitions. As used in this provision—

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

a. (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

b. (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation”, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000- 9999, except—

c. (1) PSC 5510, Lumber and Related Basic Wood Materials;

d. (2) Product or Service Group (PSG) 87, Agricultural Supplies;

e. (3) PSG 88, Live Animals;

f. (4) PSG 89, Subsistence;

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g. (5) PSC 9410, Crude Grades of Plant Materials;

h. (6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

i. (7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

j. (8) PSC 9610, Ores;

k. (9) PSC 9620, Minerals, Natural and Synthetic; and

l. (10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).

Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

m. (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

n. (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

o. (3) Consist of providing goods or services to marginalized populations of Sudan;

p. (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

q. (5) Consist of providing goods or services that are used only to promote health or education; or

r. (6) Have been voluntarily suspended.“Sensitive technology”—

“Sensitive technology”—

s. (1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

i. (i) To restrict the free flow of unbiased information in Iran; or

ii. (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

t. (2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

u. (1) Means a small business concern—

i. (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

ii. (ii) The management and daily business operations of which are controlled by one or more service-disabled veteransor, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

v. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern”, consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

w. (1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

i. (i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

ii. (ii) Each individual claiming economic disadvantage has a net worth not exceeding

$750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and

x. (2) The management and daily business operations of which are controlled (as defined at

13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

y. (1) Directly by a parent corporation; or

z. (2) Through another subsidiary of a parent corporation

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“Veteran-owned small business concern” means a small business concern—

aa. (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

bb. (2) The management and daily business operations of which are controlled by one or more veterans.

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“Women-owned small business (WOSB) concern eligible under the WOSB Program” (in accordance with 13 CFR part127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

Women-owned small business concern means a small business concern—

cc. (1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and

dd. (2) Whose management and daily business operations are controlled by one or more women.

2. (b)

a. (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in

SAM

b. (2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications- Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs [Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

3. (c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

a. (1) Small business concern. The offeror represents as part of its offer that it □is, □is not a small business concern.

b. (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph(c)(1) of this provision.] The offeror represents as part of its offer that it □is, □is not a veteran-owned small business concern.

c. (3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a service-disabled veteran-owned small business concern.

d. (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □is, □is not a small disadvantaged business concern as defined in 13 CFR124.1002.

e. (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small business concern.

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f. (6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that-

i. (i) It □ is, □ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

ii. (ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

g. (7) Economically disadvantaged women-owned small business (EDWOSB) concern.

[Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-

i. (i) It □ is, □ is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

ii. (ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

h. (8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is a women-owned business concern.

i. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

j. (10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph(c)(1) of this provision.] The offeror represents, as part of its offer, that–

i. (i) It □is, □is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

ii. (ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR

Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

4. (d)Representations required to implement provisions of Executive Order11246-

a. (1) Previous contracts and compliance. The offeror represents that-

i. (i) It □ has, □ has not participated in a previous contract or subcontract subject to the Equal

Opportunity clause of this solicitation; and

ii. (ii) It □ has, □ has not filed all required compliance reports.

b. (2) Affirmative Action Compliance. The offeror represents that-

i. (i) It □ has developed and has on file, □ has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

ii. (ii) It □ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

5. (e) Certification Regarding Payments to Influence Federal Transactions

(31 http://uscode.house.gov/ U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants.

The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

6. (f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American-Supplies, is included in this solicitation.)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items.

Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (May 2019)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

a. (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

b. (2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

c. (3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

d. (4) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

e. (5) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and

108-78 (19 U.S.C. 3805 note)).

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(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

a. (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with

Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

b. (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41

U.S.C. 3509)).

c. (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of

2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

d. (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

e. (5) [Reserved].

f.…