72061121R00006 USAID Business Enabling Project.pdf

U.S. AGENCY FOR INTERNATIONAL DEVELOPMENT

Subdivision 694/Stand 100 Ibex Hill Road

PO Box 320373

Lusaka, Zambia – 10101 infozambia@usaid.gov

USAID.gov

May 12, 2021

Subject: Request for Proposals (RFP) Number 72061121R00006

USAID Business Enabling Project

Dear Prospective Offerors, The United States Agency for International Development (USAID) Mission to Zambia is seeking proposals to provide technical services for the USAID Business Enabling Project as described in the attached Request for Proposals (RFP).

This procurement will be conducted under full and open competition procedures pursuant to

Part 15 of the Federal Acquisition Regulation (FAR), under which any type of organization is eligible to compete. However, USAID/Zambia encourages the participation, to the maximum extent possible, of local partners as the Prime contractor. Prime Local Partners will be given preference as described in Section L.

Definition of a Local Partner: Under Section 7077 FY 2012 Department of State, Foreign

Operations, and Related Programs Appropriations Act (S/FOAA) as modified by Section 7028

(c), FY 2014 S/FOAA and codified in ADS 303.3.6.5(b)(2), a local partner means an individual, a corporation, a nonprofit organization, or another body of persons that: (1) Is legally organized under the laws of a country that is receiving assistance from USAID; (2) Has as its principal place of business or operations in a country that is receiving assistance from USAID; (3) Is majority-owned by individuals who are citizens or lawful permanent residents of a country that is receiving assistance from USAID; and, (4) is managed by a governing body, the majority of whom are citizens or lawful permanent residents of the country that is receiving assistance from USAID. However, to be considered a local partner, the applicant must submit supporting documentation for self-certification demonstrating their organization meeting the desired criteria as required under Section L.5.2 (a) in Attachment J.8.

USAID anticipates the award of a Cost-Plus-Fixed-Fee, Completion-Type Contract for a maximum five (5) year period of performance as a result of this RFP. USAID anticipates that the total estimated cost will range from $14,000,000 to $16,000,000. Although a range is provided, this does not mean that Offerors should necessarily strive to meet the maximum amount estimated. Offerors must propose realistic and reasonable costs for the work described in their proposals. The North American Industry Classification System (NAICS) code for this solicitation is 541990. The authorized geographic code for the prime Contractor of this procurement is 935.

The Government intends to conduct the evaluation as an Advisory Phased Procurement with two (2) phases. Please refer to Section L for detailed information regarding offeror’s submission of proposals in Phase I and Phase II based on the Government Advisory Notice.

mailto:infozambia@usaid.gov https://www.congress.gov/112/plaws/publ74/PLAW-112publ74.pdf https://www.congress.gov/112/plaws/publ74/PLAW-112publ74.pdf https://www.gpo.gov/fdsys/pkg/PLAW-113publ76/pdf/PLAW-113publ76.pdf https://www.gpo.gov/fdsys/pkg/PLAW-113publ76/pdf/PLAW-113publ76.pdf https://www.gpo.gov/fdsys/pkg/PLAW-113publ76/pdf/PLAW-113publ76.pdf https://www.gpo.gov/fdsys/pkg/PLAW-113publ76/pdf/PLAW-113publ76.pdf https://www.usaid.gov/sites/default/files/documents/1868/303.pdf

Request for Proposals (RFP) Number 72061121R00006

Action Date Time Submission/Location:

Questions Due June 02, 2021

14:00hrs

Lusaka Time oaa-solicit-lusaka@usaid.gov

Phase I: Proposals

Due

June 23, 2021]

[See Section L.5 & M.2

(Phase I)]

14:00hrs

Lusaka Time

Government Advisory

Notices o/a July 07, 2021

Phase II: Proposals

Due

[Will be communicated via the advisory notice.

[See Attachments J.7 &

J.8 (Phase II)]

14:00hrs

Lusaka Time

Please refer to Section L for information regarding proposal requirements. Failure to comply with the submission date and time may result in a submission being deemed unacceptable, as such it will not be reviewed or evaluated. Faxed proposals are not acceptable, nor will they be reviewed or evaluated. Section M states the criteria by which proposals will be evaluated. Oral explanations or instructions given before award of the Contract will not be binding.

All questions related to the RFP must be submitted as indicated above. Unless otherwise notified by an amendment to the RFP, no questions will be accepted after this date.

Offerors are encouraged to read the entire solicitation, which includes all pertinent technical sections and the terms, conditions and instructions required for submitting proposals. Any empty fill-in spaces in Sections B through J will be completed by the Contracting Officer before final award.

This RFP 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 a proposal. Award of a Contract under this RFP is subject to availability of funds and other internal USAID approvals.

This RFP and any future amendments can be viewed and downloaded from www.beta.sam.gov.

USAID bears no responsibility for data errors resulting from transmission or conversion processes. Further, be aware that amendments to solicitations are occasionally issued and will be posted on the same internet site from which you downloaded the solicitation. You are therefore advised to regularly check the above internet site for amendments.

Sincerely, Mohib Ahmed

Supervisory Contracting Officer

Director, Office of Acquisition and Assistance mailto:oaa-solicit-lusaka@usaid.gov mailto:oaa-solicit-lusaka@usaid.gov http://www.beta.sam.gov/

SOLICITATION, OFFER AND AWARD

1. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 700)

RATING

N/A

PAGE OF PAGES

1 114

2. CONTRACT NUMBER 3. SOLICITATION NUMBER

72061121R00006

4. TYPE OF SOLICITATION

SEALED BID (IFB)

X NEGOTIATED (RFP)

5. DATE ISSUED

05/12/2021

6. REQUISITION/PURCHASE NUMBER

REQ-611-21-0000023

7. ISSUED BY CODE ZAMBIA 8. ADDRESS OFFER TO (If other than Item 7)

Same as Item 7

USAID Zambia

Subdivision 694/Stand 100 Ibex Hill Road

P. O. Box 320373

Lusaka 10101

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

9. Sealed offers in original and 1 electronic copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the depository located in Submission Must be in two separate electronic formats (Technical and Cost) until 1400 local time

(Hour)

06/23/2021

(Date)

CAUTION: LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATI

ON

CALL:

A. NAME

B. TELEPHONE (NO COLLECT CALLS) C. E-MAIL ADDRESS

oaa-solicit-lusaka@usaid.gov AREA CODE NUMBER EXT.

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM X I CONTRACT CLAUSES 66

X B SUPPLIES OR SERVICES AND PRICES/COSTS 03

X C DESCRIPTION/SPECS./WORK STATEMENT 08 X J LIST OF ATTACHMENTS 78

X D PACKAGING AND MARKING 09

X E INSPECTION AND ACCEPTANCE 12 X

K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

X F DELIVERIES OR PERFORMANCE 13

X G CONTRACT ADMINISTRATION DATA 31 X L INSTRS., CONDS., AND NOTICES TO OFFERORS

X H SPECIAL CONTRACT REQUIREMENTS 36 X

M EVALUATION FACTORS FOR AWARD 113

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

AWARD (To be completed by government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304 (c) ( ) 41 U.S.C. 253 (c) ( )

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

26. NAME OF CONTRACTING OFFICER (Type or print)

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232.8)

10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS (%)

14. ACKNOWLEDGEMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

AMENDMENT NO. DATE AMENDMENT NO. DATE

15A. NAME

AND

ADDRESS

OF

OFFEROR

CODE

FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

15B. TELEPHONE NUMBER 15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AREA CODE NUMBER EXT.

May 12, 2021 mailto:oaa-solicit-lusaka@usaid.gov

ACRONYM LIST

7NDP Seventh National Development Plan

BITs Bilateral Investment Treaties

BRRA Business Regulatory Review Agency

CDCS Country Development Cooperation Strategy

CDCS Country Development Cooperation Strategy

CLA Collaborating Learning and Adapting

CRM Climate Risk Management

DO Development Objective

DQA Data Quality Assessment

EMMP Environmental Mitigation and Monitoring Plan

EMMP Environmental Mitigation and Monitoring Plan

FISP Farmer Input Support Program

FRA Food Reserve Agency

FTF Feed The Future

GRZ Government of Republic of Zambia

IEE Initial Environmental Examination

MFEZs Multi-Facility Economic Zones

MTR Mid-Term Review

NDCC National Development Coordinating Committee

NEP National Energy Policy

PMRC Policy Monitoring and Research Centre

PYD Positive Youth Development

RIA Regulatory Impact Assessment

RSCs Regulatory Services Centers

SNAP Second National Agriculture Policy

WBL Women, Business, and the Law

ZDA Zambia Development Agency

ZNFU Zambia National Farmers Union

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 PURPOSE

The purpose of this contract is for the Contractor to implement the USAID Business Enabling

Project in accordance with Section C – Statement of Objectives (SOO) [See Attachment

J.1].

B.2 CONTRACT TYPE AND SERVICES

This is a Cost-Plus-Fixed-Fee (CPFF) completion-type contract consistent with Federal

Acquisition Regulation 16.306(d)(1). The Contractor must provide the outputs and accomplish goals and objectives as described in Section C, and the deliverables as described in Section F, in accordance with the performance standards specified in Section F and H.

B.3 ESTIMATED COST, FIXED FEE AND OBLIGATED AMOUNT

In accordance with FAR Part 52.232-22 - Limitation of Funds:

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

(b) Budget

The Contractor will not be paid any sum in excess of the Total Cost-Plus-Fixed-Fee amount.

b.1 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. NOTE: The contractor will be required to notify the USAID COR of Budget

Line Item variation of 10% and request concurrence.

Line Item

Description

PERIOD OF PERFORMANCE

Yr. 1 Yr. 2 Yr. 3 Yr. 4 Yr. 5 Total All

Years

Salaries and Wages

Fringe Benefits

Consultants

Travel, Transportation and

Per Diem

Equipment and

Supplies

Subcontracts

Participant Training

Other Direct

Costs

Indirect Costs

Fixed Fee

Total Cost-Plus

Fixed Fee

Contract Line Item Number Budget

Item No Supplies/

Services

(Descrip tion)

Qty Unit

Price

YR1

Total

Amount

YR2

Total

Amount

YR3

Total

Amount

YR4

Total

Amount

YR5

Total

Amount

All Years

Total

Amount

CLIN 0001 Service

Delivery

(Direct and

Indirect

Costs)

Lot

Total Estimated Cost

CLIN 0002 Fixed Fee %TBD

Total Estimated

Cost-Plus Fixed Fee b.2 The inclusion of any costs in the above cost categories does not obviate the requirement for prior approval by the contracting officer of cost items, any of the terms and conditions of this contract, including the applicable cost principles (see FAR52.216-

07, “Allowable Cost and Payment”); nor does it constitute a determination of allowability by the contracting officer of any item of cost, unless specifically stated elsewhere in this contract.

b.3 The Contractor may shift/move funds up to 10% between line items with COR concurrence. Any adjustments above 10% require written Contracting Officer (CO) approval.

b.4 The Contractor agrees to furnish data that the contracting officer may request on costs expended or accrued under this contract in support of the budget information provided herein.

(c) 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 (and payment of fee, if any) for performance hereunder is $TBD. The Contractor will not exceed the aforesaid obligated amount.

(d) In accordance with FAR 52.232-19, Availability of Funds, funds obligated hereunder are anticipated to be sufficient through o/a TBD. Funding for this contract will be on an incremental basis, subject to the availability of funds.

B.4 FAR 52.216-8 FIXED FEE (JUN 2011)

The Government will pay the Contractor for performing this contract the fixed fee specified in

Section B.3. In accordance with FAR 52.216-8, Fixed Fee (2011) USAID will withhold 15% of the total fee or $100,000, whichever is less until the required conditions under the referenced clause have been met.

The payment of fee will be in accordance with the following fee schedule which is tied to the deliverable schedule as outlined in Section F.5 and provided below:

The following is an illustrative table which will be filled in at time of award:

% OF FIXED FEE

No Deliverables Yr. 1 Yr. 2 Yr.3 Yr. 4 Yr. 5 TOTAL

1 Inception Phase Plan 5% N/A 5%

All Key Personnel

Furnished 1% N/A 1%

3 Annual Work Plan 1% 1% 1% 1% 1% 5%

4 AMELP 5% N/A 5%

5 QASP 5% N/A 5%

Activity Level Deliverables

At least one

Agricultural regulation/policy that addresses a key bottleneck identified during the inception phase

5% N/A 5%

At least one Trade policy/regulation that addresses a key bottleneck identified during the inception phase

5% N/A 5%

At least one Energy policy/regulation that addresses a key bottleneck identified during the inception phase

5% N/A 5%

At least one Tourism policy/regulation that addresses a key bottleneck identified during the inception phase

5% N/A 5%

X TBD - Activity Level

Deliverables

TBD TBD TBD TBD TBD TBD

Periodic Progress Reports

Annual Progress

Reports 2% 2% 2% 2% 2% 10%

Other Reports

19 Final Activity Report N/A 10% 10%

Total Fixed FEE 100%

B.5 INDIRECT COSTS

The Contractor is authorized to recover applicable indirect costs, if it is part of the

Contractor's usual accounting procedures, consistent with FAR Part 31, and Negotiated

Indirect Cost Rate Agreement (NICRA).

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

[To be inserted at the time of Award]

Contractor Fringe

Rate %

Overhead

Rate %

G&A

Rate %

PRIME (insert)

Type of Rate (insert) TBD TBD TBD

Base of Application TBD TBD TBD

Source: TBD TBD TBD

Period: TBD TBD TBD

MAJOR

SUBCONTRACTOR(S)

Type of Rate TBD TBD TBD

Base of Application TBD TBD TBD

Source: TBD TBD TBD

Period: TBD TBD TBD

• Contractors are allowed to recoup indirect costs (OH, G&A, etc.) as other direct costs if it is part of the Contractor’s usual accounting procedures, consistent with FAR 31 and the contactor’s NICRA.

• Major subcontractors are those subcontractors whose proposed costs exceed 20% of the Offeror’s proposed total cost or perform a key element of the RFP.

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

Reimbursement for indirect costs shall be at final negotiated rates.

B.6 COST REIMBURSABLE

The U.S. dollar costs allowable will be limited to reasonable, allocable and necessary costs determined in accordance with FAR 31 (Contract Cost Principles), 2 CFR Part 200 (Cost

Principles), FAR 52.216- 7 (Allowable Cost and Payment), FAR 52.216-8 (Fixed Fee) if applicable, FAR 52.232-20 (Limitation of Cost), FAR 52.232-22, (Limitation of Funds), and

AIDAR 752.7003 (Documentation for Payment), may be reimbursable under this contract.

[END OF SECTION B]

SECTION C – DESCRIPTION/SPECIFICATIONS/PERFORMANCE BASED

WORK STATEMENT

[See Attachment J.1 for Statement of Objectives (SOO)].

[Offeror’s PBWS to be included under Section C upon award].

[END OF SECTION C]

SECTION D – PACKAGING AND MARKING

D.1 AIDAR 752.7009 MARKING (JAN 1993)

(a) It is USAID policy that USAID-financed commodities and shipping containers, and program construction sites and other program 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 program construction sites and other program 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 program 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.

D.2 BRANDING AND MARKING POLICY

(a) USAID policy on the branding and marking of the work products of this contract is contained in the USAID Automated Directive System (ADS) Chapter 320. The Branding and

Marking Implementation Plan communicates to beneficiaries and stakeholder audiences that the work of this contract is from the American people. Requested exceptions to ADS Chapter 320 requirements, shall be included in the Branding and Marking Implementation Plan. (PROJECT

NAME) activities will adhere to USAID branding and marking guidance in the USAID Graphic

Standards Manual and Partner Co-branding Guide and available at:

http://www.usaid.gov/branding.

(b) The Contractor must develop a Branding Implementation Plan (BIP) and Marking Plan

(MP) for the contract to describe how program deliverables shall be branded. The BIP will implement USAID branding strategy for the USAID Business Enabling Project:

Activity Name: “USAID Business Enabling Project”

Branding: The branding will incorporate the message that the assistance is “From the

American People through USAID.”

Desired Level of Visibility: High. USAID identity must be prominently displayed in the following: commodities or equipment, printed, audio, or electronic public communications; studies, reports, publications, web sites, and all promotional and informational products; and at all events.

http://www.usaid.gov/branding

Organizations to be acknowledged: With concurrence from the USAID/Zambia’s

Development Outreach and Communications (DOC) team and COR, equipment, publications, and materials developed and produced under this activity may be co-branded with the Zambian Government’s official seal, cooperating partners’ logos, and where applicable, other U.S. Government agencies and initiatives. The Marking Plan must enumerate all of public communications, commodities, infrastructure projects, program materials, events, deliverables, and other items that will be marked with the

USAID identity or brand.

The Marking Plan may include requests for exceptions to marking requirements for programmatic reasons, to be approved by the Contracting Officer. Waivers, as defined by ADS

320, may be necessary for compelling political, safety or security concerns, or if the marking will have an adverse effect in the host country. Marking and attribution for physical structures may need to be visible as soon as work commences. Contract deliverables to be marked with the

USAID identity must follow design guidance for color, type, and layout in the Graphic Standards

Manual, available at www.usaid.gov/branding, and all successor branding policies (if any).

D.3 BRANDING STRATEGY, IMPLEMENTATION PLAN AND MARKING

PLAN

The Branding and Marking Plan will only be required to be submitted by the apparently successful Offeror. Offerors must note that the plan is a separate item and will not be scored.

However, the plan from the apparently successful Offeror will be reviewed and subject to approval prior to contract award.

The plan must specifically address the following:

(a) How to incorporate the message, “This assistance is from the American People,” in communications and materials directed to beneficiaries, or provide an explanation if this message is not appropriate or possible.

(b) How to publicize the program, project, or activity in the host-country and a description of the communications tools to be used. Such tools may include the following:

• Press releases

• Press conferences

• Media interviews

• Site visits

• Social media content

• Success stories

• Beneficiary testimonials

• Professional photographs

• Print and online Public Service Announcements

• Videos

• Webcasts, e-invitations, or other e-mails sent to group lists, such as

• Participants for a training session, blast e-mails, or other Internet activities.

http://www.usaid.gov/branding

(c) The key milestones or opportunities anticipated to generate awareness that the program, project, or activity is from the American People, or an explanation if this is not appropriate or possible. Such milestones may be linked to specific points in time, such as the beginning or end of an activity, or an opportunity to showcase publications or other materials, research findings, or activity success. These include, but are not limited to, the following:

• Launching the activity

• Announcing findings from a situational analysis

• Publishing reports or studies, including the transformation and sustainability plans

• Spotlighting trends

• Highlighting success stories

• Featuring beneficiaries as spokespeople

• Securing endorsements from ministry or local organizations

• Facilitating deals or transactions between beneficiaries and the private sector

• Promoting final or interim reports

• Communicating activity impact/overall results

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 Contracts” (effective date: 02/05/2020) at https://www.usaid.gov/sites/default/files/documents/1868/320.pdf, and USAID Graphic Standards

Manual and Partner Co-Branding Guide, or any successor branding policy.

D.4 SOCIAL MEDIA AND ONLINE OUTREACH

Social media is often part of an integrated communications campaign. It should always be used to communicate directly with stakeholders or beneficiaries in host countries. It should never be used to promote a program or Contractor. Social media channels may be approved as part of a project’s marking plan in consultation with the CO, COR, and DOC team. To avoid confusion with official USAID social media channels, the USAID logo should not be used as a profile picture. A photo reflective of the project should be used as a profile picture.

A USAID-branded photo should be displayed as the banner photo, and acknowledgement of

USAID support should appear in the “Profile” or “About” section. For more information, please refer to the USAID Graphic Standards Manual and Partner Co-Branding Guide.

[END OF SECTION D]

https://www.usaid.gov/sites/default/files/documents/1868/320.pdf https://www.usaid.gov/sites/default/files/documents/1869/USAID_GSM-02_04_2020.pdf https://www.usaid.gov/sites/default/files/documents/1869/USAID_GSM-02_04_2020.pdf https://www.usaid.gov/sites/default/files/documents/1869/USAID_GSM-02_04_2020.pdf

SECTION E – INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY

REFERENCE

The following Contract 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 Contract. Full text of the

FAR clauses is available at https://www.acquisition.gov/far/ and full text of the AIDAR clauses is available at http://www.usaid.gov/ads/policy/300/aidar-http://www.usaid.gov/ads/policy/300/300.

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

NUMBER TITLE DATE

52.246-5 Inspection of Services—Cost Reimbursement APR-1984

E.2 INSPECTION AND ACCEPTANCE

USAID inspection and acceptance of services, reports including Quality Assurance Surveillance

Plan (QASP) and other required outputs will be subject to the goals and objectives as described in Section C and performance standards set forth in Sections H, and F. Inspection and acceptance will take place at:

U.S. AGENCY FOR INTERNATIONAL DEVELOPMENT

Subdivision 694/Stand 100 Ibex Hill Road

PO Box 320373

Lusaka, Zambia – 10101 or at any other location where the services are performed and reports and deliverables or outputs are produced or submitted. The Contracting Officer, unless delegated to the

Contracting Officer’s Representative (COR) has the authority to inspect and accept all services, reports and required deliverables or outputs.

E.3 RESPONSIBLE OFFICIAL

In accordance with the clauses of this contract entitled “Inspection of Services – Cost

Reimbursement” (FAR 52.246-5), inspection of results or other deliverables required by the contract will be made by the cognizant COR. Acceptance of goods/services and reports or other deliverables by the cognizant COR must form the basis for payments to the Contractor and will form the basis of the Contractor’s permanent performance record with regard to this

[END OF SECTION E]

http://www.usaid.gov/ads/policy/300/300

SECTION F - DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY

The following Contract 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 Contract. Full text of the

FAR clauses is available at https://www.acquisition.gov/far/ and full text of the AIDAR clauses is available at http://www.usaid.gov/ads/policy/300/aidar-http://www.usaid.gov/ads/policy/300/300.

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

52.242-15 Stop-Work Order AUG-1989

52.242-15 Stop-Work Order Alternate I APR-1984

52.204-14 Service Contract Reporting Requirements OCT-2016

F.2 PERIOD OF PERFORMANCE

The period of performance is five (5) years effective from the date of the USAID

Contracting Officer’s signature on the cover page of the contract.

F.3 PLACE OF PERFORMANCE

The place of performance under this Contract is Zambia.

F.4 PERFORMANCE STANDARDS

(a) The Contractor’s performance will be evaluated based on the completion of specific tasks as outlined in the contract, adherence to the work plan, and reports submitted to the

COR in accordance with the performance standards set forth in Section C and quality reports described in Section F.5 below. Performance evaluation will be conducted jointly by the COR and the Contracting Officer and will form the basis of the Contractor's permanent performance record with regard to this contract as required in FAR Part 42.15 and AIDAR 742.15. USAID will evaluate the Contractor’s performance annually for the period of the contract. This evaluation will form the basis of the Contractor’s permanent performance record under this

(b) USAID reserves the right to conduct, and the Contractor must expect and be prepared for, a management and/or financial audit by USAID at any time to ensure systems (management, administration, finance, procurement, and program) are in place as per the Contract. Such audit(s) will focus on program management and performance, including such factors as cost, timeliness, and accountability; and will include field and home office records pertaining to operations and program activities. The Contractor must cooperate with and contribute to a final management and financial review conducted by USAID prior to program closeout.

(c) USAID will also conduct performance evaluations of the program consistent with the

Agency Evaluation Policy and program performance reviews as required. The Contractor must cooperate with and contribute to these reviews and evaluations.

F.5 REPORTS AND DELIVERABLES OR OUTPUTS

F.5.1 Reports Format and Other Requirements

(a) All reports and deliverables must be in the English language, unless otherwise specified in the respective contract or work-plan.

(b) The cover page of all deliverables must include the USAID Identity prominently displayed, the Contract number, Contractor name, the publication or issuance date of the document, document title, author name(s), and activity title. Descriptive information is required whether Contractor-furnished products are submitted in paper or electronic form.

All materials must include the name, organization, address, and telephone/fax/internet number of the person submitting the materials.

(c) All reports must be delivered to the COR and CO in electronic format unless specified otherwise by the contract or work-plan. Submission of final deliverables must be both PDF and

MS Word (unlocked), and/or Excel (unlocked).

(d) All reports below have illustrative page numbers. Final page numbers and content of each report will be agreed upon between the Contractor and the COR. The COR has flexibility in adjusting the due date; however, any delay over 14 business days must be approved by the CO.

(e) The Contractor will promptly notify the CO and COR of any problems, delays, or adverse conditions which materially impair the Contractor's ability to meet the requirements of the contract reporting schedule.

(f) Development Experience Clearinghouse Documentation: USAID Contractors must coordinate with the designated COR to submit one electronic submission to the DEC pursuant to AIDAR 752.7005.

(g) In addition to the requirements set forth for submission of reports in Sections C, I and J, and in accordance with AIDAR clause 752.242-70, PERIODIC PROGRESS REPORTS, the

Contractor must submit required deliverables or outputs to the COR specified in Section G with a copy to the Contracting Officer.

(h) All reporting and data must be synchronized with the United States Government (USG) fiscal year.

USG’s quarterly periods are from:

October 1 – December 31;

January 1 - March 31;

April 1 – June 30; and, July 1 – September 30.

Quarterly reports may be annexed to the annual reports where the fiscal year end and quarter end are the same time.

F.5.2 List of Reports and Plans

The following table summarizes the deliverables and reports under this award. Other reports/deliverables may be required during the course of the award. These reports/deliverables will be within the scope of the contract, and the due dates for these will be agreed to between the Contractor and the COR, as needed. Unless otherwise specified, the Contractor will 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

Property Disposition Plan, which is subject to the CO’s approval.

If a report or deliverable below does not have a report format or template, the Contractor must use the format in Attachment J.2 and update fields, as necessary.

No. Deliverables Due Date Reference

General Reports

1 Inception Phase Plan Within 30 days of effective date of the contract F.5.2 (a)

2 All Key Personnel Within 60 calendar days after award F.5.2 (b)

3 Annual Work-Plan

Draft 1st Year AWP: Within 45 days of effective date contract.

Final 1st Year AWP: To be submitted 90 days after award.

Draft Subsequent AWPs: 45 days before anniversary of contract award date and final AWP to be submitted 15 days before the anniversary of the contract award date.

F.5.2 (c)

Activity Monitoring, Evaluation, and Learning

Plan (AMELP)

Draft: Within 45 days of effective date of contract

Final: Within 90 days of effective date of contract

F.5.2 (d)

Quality Assurance and

Surveillance Plan (QASP)

Due 90 days after Contract award and continuously updated through the life of the award based on course corrections identified. The

QASP will not be updated more than semi-annually.

F.5.2 (e)

Activity Level Deliverables

At least one Agricultural regulation/policy that addresses a key bottleneck identified during the inception phase

Within 180 days after contract award

F.5.2 (f)

At least one Trade policy/regulation that addresses a key bottleneck identified during the inception phase

F.5.2 (g)

At least one Energy policy/regulation that addresses a key bottleneck

F.5.2 (h)

At least one Tourism policy/regulation that addresses a key bottleneck

F.5.2 (i)

TBD

TBD- Activity Level

Deliverables (Proposed by offeror)

TBD (Proposed by offeror) TBD

Periodic Progress Reports

Quarterly Progress

Reports

Draft Submission: Within 15 Days after End of quarter

Final Submission: Within 30 days after the end of the quarter

Note: 4th quarter reports will be annexed within the annual report.

F.5.2 (j)

11 Annual Progress Reports Draft Submission: Within 15 Days F.5.2 (k) after End of Year

Final submission: Within 30 days after the end of the Year

The annual report will also highlight

4th quarter performance data.

12 Quarterly Financial Report

Draft Submission: Within 15 days after end of quarter (with the quarterly progress report)

Final Submission: Within 30 days after the end of the quarter

F.5.2 (l)

Other Reports

Portfolio Review

Presentations

Semi-annual (November/May or as advised by the Mission) F.5.2 (m)

14 EMMP

Within 90 calendar days of award.

The EMMP will be submitted with the annual work plan and updated as implementation progresses. See

Attachment J.3.

F.5.2 (n)

15 Annual Property Reports Within 90 days of award and annually thereafter F.5.2 (o)

Other Foreign Assistance

Reporting As directed by COR F.5.2 (p)

Close out and

Demobilization Plan

180 days prior to contract completion date F.5.2 (q)

18 Disposition Plan 90 days prior to contract completion date F.5.2 (r)

19 Final Activity Report

Submitted 30 days prior to completion date and must be approved no later than 30 days after the completion date.

F.5.2 (s)

Geographic Data

Reporting With Annual Progress Report F.5.2 (t)

GENERAL REPORTS:

F.5.2 (a) INCEPTION PHASE PLAN

The contractor will submit an inception-phase work plan within 30 days of award for approval by the contracting officer’s representative (COR). The inception phase approach must describe how it will identify opportunities to achieve early successes and build momentum, including identifying and enabling investments in women-owned businesses and implementing early regulatory reforms. The approach should demonstrate the offeror’s knowledge of the target sector policy environment in Zambia, including national and sub-national policy and administrative constraints and their differential impact on men and women. The contractor must describe how it will engage stakeholders through a consultative process to determine key indicators of success. The contractor must also describe the approach it will take to address the five questions identified in Section C, particularly how the inception phase will use that information to shape subsequent implementation of the activity. Include a timeline in table form showing proposed inception phase activities and the stakeholders involved. Include a narrative of Year 1 Work Plan that identifies critical activities, milestones, deliverables and timelines and describes a logical and feasible path for project launch and delivery of results.

F.5.2 (b) ALL KEY PERSONNEL

All Key Personnel must be hired (employed by prime contractor), Expat/TCN hire relocated to

Zambia, as needed, and ready for activity implementation (reporting for duty) within 60 days after obtaining USAID/Zambia Mission approval. In light of changing travel advisories due to the change in COVID-19 pandemic status from time to time, USAID/Zambia is flexible in case the offeror proposes a modified relocation plan for the Expat/TCN Key Personnel including remote assistance, as needed.

F.5.2 (c) ANNUAL WORK PLAN (AWP)

1. Initial Annual Work Plan

Within 45 calendar days after the start date of the Contract, the Contractor shall present an

Initial Work Plan to the USAID COR for review and approval (electronic copy). The COR must provide written comments on the draft Plan and when the Plan is finalized, the COR will provide written approval. The final Initial Annual Work Plan is due 90 days after the start date of the Contract.

The Initial Work Plan should include a list of tasks to be completed during the year, grouped under the objective that they seek to support. For each task, the Contractor should 1) explain in brief its connection to the objective; 2) define the necessary steps to complete the tasks; 3) assign responsibilities for completing those steps; 4) provide any quantitative or qualitative targets; and 5) a timeline for the implementation of the task.

The COR will review the Plan and provide comments and recommendations for changes no later than 30 days after receipt of the draft. No later than 15 calendar days after receipt of the

COR’s comments the Contractor will incorporate the COR’s comments and recommendations into the final version of the Initial Work Plan and submit it for the COR’s written approval within 90 days after award. All substantial changes to the Initial Work Plan require prior written approval of the COR.

2. Subsequent Annual Work Plans

Subsequent Annual Work Plans are due no later than 45 calendar days before the beginning of succeeding contract years. The Contractor shall submit the Annual Work Plan to the USAID

COR for review and written approval in electronic format. The Contractor will incorporate any required revisions into a Final Work Plan no later than 15 calendar days after receipt of the

COR’s comments.

The Annual Work Plan must define in detail how the Contractor intends to organize its work to implement and achieve expected results within each of the tasks. The Annual Work Plan must be consistent with the Monitoring, Evaluation and Learning (MEL) Plan. If necessary and given USAID consent, the Contractor may revise the Annual Work Plan. USAID reserves the right to review and re-approve Annual Work Plans quarterly or on an as-needed basis.

In all Annual Work Plans, the Contractor must:

(a) Provide a brief narrative to define each task assignment, propose a completion date and state who will accomplish the task;

(b) Identify milestones as well as deliverables under each task and propose deadlines for their completion;

(c) Identify any assumptions used in preparing the Annual Work Plan, suggest possible modifications to the approach, if needed, and describe anticipated problems or potential barriers with regard to achieving Business Enabling Project objectives; and

(d) Propose a milestone-based schedule for Business Enabling Project evaluation and review.

F.5.2 (d) ACTIVITY MONITORING, EVALUATION AND LEARNING PLAN

(AMELP)

Within 45 calendar days after the start date of the contract the Contractor shall submit the draft AMELP together with the Initial Work Plan to the USAID/COR for review and approval.

The final AMELP will be submitted within 90 days of effective date of the award.

The COR will review the plan and provide comments and recommendations for changes after receipt of the draft. The Contractor shall incorporate COR comments and recommendations into the final version of the AMELP and submit it for COR written approval within 15 days.

After the plan is finalized, the COR will provide written approval. All substantial changes in the

AMELP require prior written approval of the COR.

The AMELP submitted to USAID should focus on tracking as many or as few indicators as necessary to ensure that progress toward expected results is sufficiently tracked, while also being cost effective by eliminating redundant indicators. The activity budget must include costs of data collection, analysis, and reporting as a separate line item to ensure that adequate resources are available.

The AMELP should include a comprehensive strategy for monitoring and reporting progress made towards activity purpose and results. The AMELP should contain the following required elements:

● activity purpose and results as well as brief description of the linkages between the activity outputs and its expected results;

● performance indicators and their descriptions;

● unit of data measurement;

● disaggregation by sex (as appropriate and feasible);

● data sources;

● description of data collection methods;

● baseline information (year and value) or a timeline for collecting it;

● annual and LOP targets;

● schedule for data collection;

● names of officers responsible for data collection;

● availability of data at USAID; and,

● detailed plans for data analysis, review, and reporting.

Performance indicators should comply with the following criteria: direct, objective, practical, adequate, and useful in managing for results. The AMELP data should be based on the U.S.

Government fiscal year (October 1 - September 30).

According to USAID regulations, performance indicator data reported externally, including annual Performance Reports sent to USAID/Washington, must undergo a data quality assessment (DQA) by the Mission. The purpose of the DQA is to ensure that Mission staff and other data end-users are aware of the strengths and weaknesses of the data and the extent to which the data can be trusted to influence management decisions. DQA must be conducted within 12 months by USAID prior to the data being reported externally for new indicators, and every three years thereafter.

To be useful in managing for results and credible for reporting, the implementing partner should ensure that the performance data meet the following five data quality standards: validity, reliability, timeliness, precision, and integrity. If performance data do not fully meet all five standards, the known data limitations should be documented. The activity COR can combine a random check of partner data during a regularly scheduled site visit and include data quality items into site visit reports. This minimizes the costs associated with the DQA. When conducting a DQA, the COR will examine the data in light of the five quality standards noted above, reviewing the systems and approaches for collecting data and whether they are likely to produce data of an acceptable quality over time.

An activity implementer, as part of the award, can conduct their own DQA for internal management purposes. This may entail site visits to physically inspect records maintained by the activity implementing partner. The activity implementer will document DQA findings, including decisions concerning data quality problems and steps identified to address them. The activity implementer will share DQA findings and action plan to address data quality issues with the

COR. The COR will follow up with the activity implementer to check progress on implementation of the action plan within the timeline outlined in the action plan against each action. However, those internal DQAs will not replace USAID commissioned DQAs.

The AMELP is subject to final approval by USAID and is separate from the regular financial and other reports required by the standard contract provisions. USAID reserves the right to propose to the Contractor to integrate into the AMELP a number of indicators to help USAID measure the immediate program results. USAID may elect to organize and carry out an independent performance evaluation of this program. The Contractor shall fully cooperate with

USAID and the evaluation team to ensure that the evaluation accurately reflects program results, outcomes, and/or impacts.

NOTE: The AMELP must be developed strictly in accordance with the criteria stipulated in

ADS 201.

F.5.2 (e) QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

QASP must be submitted within 90 days after Contract award and continuously updated through the life of the award based on course corrections identified. The QASP will not be updated more than semi-annually. This plan sets forth the procedures and guidelines which will be used to ensure the required performance standards or service levels achieved by the contractor. The QASP will define the roles and responsibilities, identify performance objectives, define the methodologies used to monitor and evaluate the contractor’s performance, describe quality assurance documentation requirements, and describe the analysis of quality assurance monitoring results. The QASP may not exceed 15 pages (Excluding cover page, table of contents, annexes, and bibliography).

ACTIVITY LEVEL DELIVERABLES:

F.5.2 (f) AGRICULTURAL REGULATION/POLICY

Policies/regulations are reviewed/drafted and ratified by all key stakeholders and submitted to

GRZ for approval. Key policy obstacles/challenges/gaps identified during the inception phase will inform the interventions to be undertaken. The contractor will be expected to engage key stakeholders in the sector to review/draft/ratify the proposed piece of draft regulation/policy before submitting it to the government for their approval.

F.5.2 (g) TRADE REGULATION POLICY

GRZ for approval. Key policy obstacles/challenges/gaps identified during the inception phase will inform the interventions to be undertaken. The contractor will be expected to engage key

F.5.2 (h) ENERGY REGULATION POLICY

Policies/regulations are reviewed/drafted and ratified by all key stakeholders and submitted to

GRZ for approval. Key policy obstacles/challenges identified during the inception phase will inform the interventions to be undertaken. The contractor will be expected to engage key

F.5.2 (i) TOURISM REGULATION POLICY

GRZ for approval. Key policy obstacles/challenges identified during the inception phase will inform the interventions to be undertaken. The contractor will be expected to engage key

X. TBD: The contractor is to propose activity deliverables based on their technical approach/understanding. There is no maximum number of deliverables.

PERIODIC PROGRESS REPORTS:

F.5.2 (j) QUARTERLY PROGRESS REPORTS

Draft Quarterly Reports must be submitted within 15 days after the end of quarter and final submission is due within 30 days after the end of the quarter. 4th quarter reports will be annexed within the annual report. Quarterly Progress report must discuss progress within the reporting period as well as cumulative progress in the context of the agreed upon accomplishments and indicators. They must discuss existing and potential problems in the implementation and variance from the AWP and AMELP.

At a minimum, Quarterly Reports must include the following information:

(a) Summary of cumulative progress and accomplishments achieved from the award date until the end of the reporting period.

(b) Deliverables: List of reports and other deliverables completed in the reporting period.

(c) Description of progress and accomplishments during the reporting period: Detailed assessment and analysis of progress made on each of the tasks, milestones, and performance indicators.

(d) Schedules: When appropriate, a discussion of any significant potential or actual slippage in schedule and the steps being taken to avoid or make recovery.

(e) Problems: Problem areas, current or foreseen, together with recommendations for resolving these problems and attendant schedules for their resolution. Problems requiring

USAID intervention should be highlighted.

(f) Plans: List of major activities and key milestones planned for next quarter.

The three reporting documents (the AMELP, the AWP and the Quarterly Report) must be consistent, interrelated, and must complement each other. The Annual Work Plan, based upon the Statement of Work, must define how the Contractor will organize its work to achieve the objectives and expected results outlined in the Statement of Work. The AMELP must provide measurable reference points and set up measurable indicators that track progress towards the objectives and expected results and define whether this progress is satisfactory. The Quarterly

Report must account for performance against agreed upon accomplishments (AWP) and indicators (AMELP).

F.5.2 (k) ANNUAL PROGRESS REPORTS

Draft Annual reports must be submitted within 15 days and Final Annual report within 30 days after the end of the year. The annual report will present the cumulative achievements by the contractor during the first three quarters and achievements during the last quarter of the fiscal year. It should include successes and challenges related to the contract implementation, corrective actions, and a summary of key findings, conclusions, and recommendations to

USAID. The annual report shall include the cumulative expenditure of the program by contract line items. The plan will include a chart showing levels of accomplishment toward the success end-state of the program.

F.5.2 (l) QUARTERLY FINANCIAL REPORTS

Draft Quarterly Financial reports must be submitted within 15 days and Final Quarterly report within 30 days after the end of the quarter.