J.3 Revised RFP 72061322R00010 Financial Management Services IDIQ.pdf

Amended Request for Proposal (RFP) No: 72061322R00010

Issue Date: August 15, 2022 Deadline for Questions: August 04, 2022, at 7:30am (Harare Time) Submission Deadline: August 29, 2022, at 7:30am (Harare Time)

Subject: Request for Proposals (RFP) No. 72061322R00010

Financial Management Services Indefinite Delivery Indefinite Quantity (IDIQ) Contract

The United States Government, represented by the United States Agency for International Development (USAID) through its Mission to Zimbabwe (USAID/Zimbabwe), is seeking proposals from qualified organizations interested in providing Financial Management Services, as described in the attached solicitation. USAID anticipates awarding one or more IDIQ(s). However, USAID reserves the right to award more or less awards than this anticipated number or make no award.

This procurement is being conducted through full and open competition amongst all types of organizations. USAID encourages the participation, to the maximum extent possible, of U.S. based small businesses and local and regional organizations, either as the prime contractor or as subcontractors. USAID/Zimbabwe anticipates that the maximum aggregate ordering limitation for contracts resulting from this RFP will be $1.25 million over the five-year period of performance.

The maximum aggregate dollar value of task orders awarded to all contractors cannot exceed this contract ceiling. This ceiling is not being subdivided among the number of awardees nor is it being multiplied by the number of awardees. There is no guarantee that the number of task orders that the successful contractors will receive or the amount of money beyond the minimum order guarantee as set forth in the RFP.

Please refer to Section L for information regarding proposal requirements. Failure to comply with the submission closing date and time as listed in the cover page of the RFP will deem any submission unacceptable and it will not be reviewed or evaluated. Only electronic proposals will be accepted. Section L of the RFP sets forth all instructions for the preparation and submission of required proposal contents, including critical dates and times for the submission of questions, and the proposal closing date and time. 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.

This RFP and any future amendments can be viewed and downloaded from SAM.gov; USAID advises potential offerors to regularly check the above website for RFP amendments.

Issuance of this solicitation and the submission of a proposal does not constitute a commitment on the part of the U.S. Government nor USAID to make an award; neither does it constitute an obligation for any costs incurred in the preparation and submission of a proposal. Award(s) will be subject to funds availability following the proper completion of required USAID internal https://sam.gov/content/home processes. Further, the U.S. Government reserves the right to reject any or all proposals received.

To this end, this RFP is being issued and consists of this cover letter and the text of the attached RFP. All offerors are cautioned to carefully review this cover letter and the contents of the RFP.

Thank you for your interest in working with USAID/Zimbabwe.

Sincerely, J. Zeb Simpson Contracting Officer USAID/Zimbabwe

SECTION B: SUPPLIES OR SERVICES AND PRICE/COSTS 4

SECTION C: STATEMENT OF WORK 6

SECTION D: BRANDING AND MARKING 10

SECTION E: INSPECTION AND ACCEPTANCE 12

SECTION F: DELIVERIES OR PERFORMANCE 13

SECTION G: CONTRACT ADMINISTRATION DATA 19

SECTION H: SPECIAL CONTRACT REQUIREMENTS 22

SECTION I: CONTRACT CLAUSES 45

SECTION J - LIST OF ATTACHMENTS 51

SECTION K: REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

THE OFFEROR 52

SECTION L: INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR

RESPONDENTS 57

SECTION M: EVALUATION FACTORS FOR AWARD 63

SECTION B: SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PURPOSE

The purpose of this contract is to provide services that fall within the Statement of Work (SOW) specified in Section C of the USAID/Zimbabwe Financial Services IDIQ Contract.

USAID will order services through the issuance of task orders during the ordering period as specific in Section F of the Contract.

B.2 CONTRACT TYPE AND SERVICES

This is an Indefinite Delivery, Indefinite Quantity (IDIQ) type contract. The US Government will issue task orders that are Firm-Fixed-Price (FFP) and FFP-Level of Effort (FFP-LOE) or a combination. The Contractor will furnish the services as set forth in task orders at terms consistent with the terms specified in this Contract.

B.3 MINIMUM OBLIGATED AMOUNT

As required by FAR 16.504(a)(1), the minimum order guarantee of this contract is $20,000.00 USAID is required to order and the Contractor is required to furnish the minimum order number of services.

Following this initial obligation, USAID will obligate funds to cover the work required under each individual task order.

B.4 MAXIMUM CONTRACT CEILING

This is a multiple-award IDIQ Contract for Financial Management Support Services with an overall ceiling price of $1.25 million. The maximum aggregate dollar value of all task orders awarded to all IDIQ holders shall not exceed the contract ceiling. USAID will neither subdivide the ceiling amongst the IDIQ awardees, nor multiply it amongst awardees.

B.5 OBLIGATED AMOUNT, ESTIMATED COST, FIXED FEE

B.5.1 Obligated Amount

The basic contract includes an initial obligation of funds in the amount of $20,000.00 to cover the minimum order guarantee.

B.5.2 Estimated Cost

The total estimated cost for each FFP task order must be negotiated in accordance with the terms of the IDIQ contract. In no event may the task order exceed the ceiling as set forth in the IDIQ contract.

B.6 LABOR

The Contracting Office has determined that a full-time key personnel position is not necessary or required to administer the IDIQ. Contractors will not be authorized to bill USAID directly for IDIQ management costs under this IDIQ or under task orders. Contractors must adopt a centralized management structure that allows for recovery of IDIQ management costs as part of its fixed rates under each IDIQ.

FIXED RATES / LABOR CEILINGS

The contractor shall not exceed the following ceilings on fully loaded daily labor rates under task orders: [rates TBD, based on offeror’s proposal]

Staff Year 1 Year 2 Year 3 Year 4 Year 5 Managing Partner Manager Senior Staff Junior Staff

[END OF SECTION B]

SECTION C: STATEMENT OF WORK

C1. BACKGROUND

The USAID Zimbabwe Mission has supported the people of Zimbabwe since 1982 through a diverse portfolio of development assistance programs with a combination of international and Zimbabwean organizations.

The USAID/Zimbabwe Office of Financial Management (OFM) currently has limited staff resources for achieving the desired level of financial services to USAID partners. As such, the contractor will assist OFM by providing financial monitoring and auditing services including but not limited to pre-award surveys, financial reviews, training, and partner capacity building.

The contract will be organized by Contract Line-Item Numbers (CLINs), which will break down the contract into individual fixed-price deliverables and labor categories. Each CLIN is defined below.

C2. LABOR CATEGORIES

The contractor will provide personnel with the specified expertise, availability, language proficiencies and experience for each work order issued under this IDIQ. Labor categories billed under this contract include the following:

MANAGING PARTNER

Description of services: The responsibilities in this category include final authority in the conduct of non-audit financial management services and full responsibility for the work performed, including overall management and final review.

Required qualifications: TBD [to be proposed by offeror]

MANAGER

Description of services: The responsibilities in this category include reviewing working papers, financial statements, and reports; conducting discussions with clients about the results of the work performed; directing Senior and Junior level Staff; reviewing and approving work plans and programs; ensuring that assignments are carried out within the budgeted time and within delivery commitments, reviewing work papers, financial statements and non-audit reports for accuracy and completeness; following the progress of the engagements; and helping resolve accounting, reporting and financial services problems as they arise. The Manager is regularly assigned financial management services in a managerial capacity.

Required qualifications: TBD [to be proposed by offeror]

SENIOR STAFF

Description of services: The responsibilities of the Senior include independently performing a major segment of the financial management services, directing, and instructing the work of Junior Staff, and reviewing the work performed and directing revisions if necessary. The Senior makes decisions on routine accounting, reporting and financial services matters and is regularly assigned services in the capacity of a supervisor.

Required qualifications: TBD [to be proposed by offeror]

JUNIOR STAFF

Description of services: The responsibilities of the Junior include assisting with financial review of partner organizations to ensure compliance with accounting standards. The Junior provides support training for partner organizations and will provide financial project management for the overall project, including budget tracking, financial reporting, and cast management. The Junior will assist the Senior in other duties, as necessary.

Required qualifications: TBD [to be proposed by offeror]

C3. TASKS

Contractor staff will be directed by the COR to perform services (which will be billed on an hourly basis), including but not limited to the following:

● Financial Reviews:

Financial reviews of US and Local Implementing Entities, as deemed necessary, will be conducted to review the entities’ operational and financial policies, procedures, systems and controls. The financial review will determine the adequacy of the entity (1) control environment and internal control structure, (2) financial management and accounting, (3) procurement system, (4) fixed assets management and inventory valuation method, and

(5) personnel and payroll systems.

The financial review will provide adequate assurance that local direct and indirect costs incurred and paid in Zimbabwe and billed to USAID are accurately recorded, reported, supported by adequate documentation, and are allowable, allocable and reasonable and generally in accordance with the terms of the agreement/contract. Procurement transactions will be reviewed to determine whether sound commercial practices including competitions are used, reasonable prices were obtained, and adequate controls were in place over the qualities and quantities received and billed for salary and fringe benefit charges will be reviewed to determine whether they are reasonable for the position and paid to individuals eligible to receive them and supported by appropriate payroll records. Expenditures reviewed which are considered ineligible or not supported with adequate documentation shall be considered questioned costs and reported.

● End Use Verifications

Upon request, the Contractor will perform End-Use Reviews and verification of USAID financed commodities/NXPs under USAID awards/contracts to ensure they are properly received, recorded, documenting the arrival and disposition and used for their intended purpose in accordance with USAID rules and regulations.

● Attestation Engagement

Attestation Engagements will be conducted for the purpose of examining, reviewing, or performing agreed- upon procedures on a specific concern (s) or an assertion (s). The attestation engagement may take many forms, including historical or prospective performance, or condition, physical characteristics, historical events, analyses, systems and processes, or behavior. Attestation engagement may cover a broad range of financial or non-financial subjects and can be part of a financial audit or performance audit and any other reviews. An attestation engagement may include reporting on:

○ An entity’s internal control over financial reporting,

○ An entity’s compliance with requirements of specified laws, regulations, rules, contracts or grants,

○ Management discussion and analysis presentation,

○ Prospective financial statements or financial information,

○ The reliability of performance measures,

○ Final contract costs,

○ The allowability and reasonableness of proposed contract amounts, and specific reviews performed on an agreed-upon procedures scope of work.

C4. DELIVERABLES

PRE-AWARD SURVEY

Pre-Award Survey of local organizations /contractors using the Non-US Pre-Award Survey (NUPAS) tool will be conducted to assist USAID/Zimbabwe in determining whether:

● The implementing entity’s management has sufficient ability, span of control, and human resources to appropriately perform the project.

● The implementing entity has the operational capacity and financial management systems to perform the project and account for and report on the use of potential USAID funds.

● Evaluate and obtain a sufficient understanding of the implementing entity’s internal control structure related to the proposed USAID funded project, assess control risk, and identify reportable conditions, including material internal control structure weaknesses.

● Conduct interviews with a questionnaire to determine whether the implementing entity complies, in all material respects, with applicable laws and regulations.

● The method of implementation and financing most appropriate under the potential USAID award/contract.

The NUPAS will cover six (6) criteria as follow:

● Legal Structure,

● Financial Management and Internal Control Systems,

● Procurement Systems,

● Human Resources Systems,

● Project Performance Management and

● Organizational Sustainability

C5. ORGANIZATIONAL CAPACITY ASSESSMENT

Internal control structure, policies and procedures will be assessed, developed and implemented using the Organizational Capacity Assessment (OCA) tool as necessary for Local Organizations for the purpose of:

● Accomplishing program goals and objectives,

● Adequate safeguarding and efficient use of resources,

● Acceptable organizational and management structure, adequate financial management systems and other administrative systems, accounting and auditing, budgeting, sound procurement systems, reporting and monitoring and technical capabilities, as well as adequate policies, procedures and practices to ensure that USAID funds will be managed and accounted for in accordance with U.S. Government and USAID Regulations and Standards,

● Addressing allowability, allocability and reasonability of costs and.

● Complying with applicable laws and regulations. The OCA will cover seven (7) areas of organizational capacity as follows:

○ Governance and Legal Structure,

○ Financial Management and Internal Control Structure,

○ Administration and Procurement Systems,

○ Human Resources Systems,

○ Program Management,

○ Project Performance Management and

○ Organizational Management and Sustainability.

C6. TRAININGS

Upon request, the Contractor and/or USAID/OFM will conduct the following basic training courses and other similar courses to be determined, for USAID implementing entities and/or USAID Staff:

● Financial management workshop creation and delivery

● Accruals training creation and delivery

● Audit course creation and delivery

● Capacity building course creation and delivery

● Responding to solicitations workshop creation and delivery

● Admin approval training creation and delivery

[END OF SECTION C]

SECTION D: BRANDING AND MARKING

D.1 MARKING AND BRANDING POLICY

All USAID-funded foreign assistance (including programs, projects, activities, public communications, and commodities) must be communicated, promoted, and marked as coming from the American People through USAID. Specific communications and promotion measures must be described in the “Branding Strategy” and “Branding Implementation Plan”, and specific marking will be described in the “Marking Plan” for the contract.

The Contractor shall comply with the requirements of the policy directives and required procedures outlined in USAID Automated Directive System (ADS) 320.3.2 “Branding and Marking in USAID Direct Contracting” at http://www.usaid.gov/policy/ads/300/320.pdf; and USAID “Graphic Standards Manual” available at www.usaid.gov/branding or any successor branding policy.

Anticipated elements of marking plan: deliverables to be marked, include products, equipment and inputs delivered; places where program activities are carried out; external public communications, studies, reports, publications, and informative and promotional products; and workshops, conferences, fairs, media related activities and any such events. Publications authored by Contractors or other non-USAID employees must include the following disclaimer on the title page: “The author’s views expressed in this publication do not necessarily reflect the views of the United States Agency for International Development or the United States Government.” Threats and restrictions to the security of the program need to be identified and assessed in order to request any necessary exception from the marking requirement in accordance with ADS 320.3.2.

USAID’s web page contains the electronic version of the Graphic Standards Manual that is compulsory for all Contractors. Marking under this contract shall comply with the “USAID Graphics Standards Manual” available at https://www.usaid.gov/branding/gsm.

D.2 AIDAR 752.7009 MARKING (JAN 1993)

(a) It is USAID policy that USAID-financed commodities and shipping containers, and project construction sites and other project locations be suitably marked with the USAID emblem.

Shipping containers are also to be marked with the last five digits of the USAID financing document number. As a general rule, marking is not required for raw materials shipped in bulk (such as coal, grain, etc.), or for semi-finished products which are not packaged.

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

http://www.usaid.gov/policy/ads/300/320.pdf https://www.usaid.gov/branding/gsm

(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.3 BRANDING IMPLEMENTATION PLAN AND MARKING PLAN

The Contractor shall submit a final branding implementation plan and marking plan no later than 30 days after award. The plan must be in accordance with ADS 320.3.2. The plan must be submitted to the Contracting Officer for approval. The contractor will follow the approved plan during implementation of this contract unless a waiver is requested and approved. Guidance for applying for waivers can be found in ADS 320.

The cover page of all report deliverables required in Section F will include the USAID Identity (or name of the Agency written out) prominently displayed, the contract number, the task order number, contractor name, name of the responsible USAID office, the publication or issuance date of the document, document title, author name(s), activity number, and activity title.

Descriptive information is required whether contractor furnished products are submitted in paper or electronic form. All materials will include the name, organization, address, and telephone/fax/internet number of the person submitting the materials.

[END OF SECTION D]

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 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE in Section I.1 of this Contract. See https://www.acquisition.gov/browse/index/far for electronic access to the full text of a Federal Acquisition Regulation (FAR) clause.

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

NUMBER TITLE DATE

52.246-4 INSPECTION OF SERVICES – FIXED PRICE AUG 1996

E.2 INSPECTION AND ACCEPTANCE/RESPONSIBLE OFFICIAL

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE in Section I.1 of this Contract. See https://www.acquisition.gov/browse/index/far for electronic access to the full text of a Federal Acquisition Regulation (FAR) clause.

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

NUMBER TITLE DATE

52.246-4 INSPECTION OF SERVICES – FIXED PRICE AUG 1996

USAID inspection and acceptance of services, reports and other required deliverables or outputs shall take place at USAID/Zimbabwe Mission or at any other location where the services are performed and reports and deliverables or outputs are produced or submitted. The Contracting Officer’s Representative (COR) identified in Section G has been delegated authority to inspect and accept all services, reports, and required deliverables or outputs.

The TOCO will designate a Task Order COR (TOCOR) for each specific task order. In accordance with the clauses of this contract entitled INSPECTION OF SERVICES – COST REIMBURSEMENT (FAR 52.246-5) and INSPECTION OF SERVICES – FIXED-PRICE (FAR 52.246-4), inspection of results or other deliverables required by each task order issued hereunder must be made by the cognizant TOCOR for that task order. Acceptance of goods/services and reports or other deliverables by the cognizant TOCOR for that task order must form the basis for payments to the contractor and will form the basis of the contractor’s permanent performance with regard to this contract.

[END OF SECTION E]

SECTION F: DELIVERIES OR PERFORMANCE

F.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 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE in Section I.1 of this Contract. See https://www.acquisition.gov/browse/index/far for electronic access to the full text of a Federal Acquisition Regulation (FAR) clause.

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

NUMBER TITLE DATE

52.242-15 STOP-WORK ORDER AUG 1989

52.242-15 STOP-WORK ORDER ALTERNATE I APR 1984

52.242-17 GOVERNMENT DELAY OF WORK APR 1984

F.2 PERIOD OF PERFORMANCE

(a) IDIQ Period of Performance

The period of performance for the IDIQ contract commences on the award date. The IDIQ period of performance concludes (5) years from the award date.

(b) IDIQ Ordering Period

The IDIQ ordering period refers to the period in which a TOCO can award a task order under this IDIQ contract. The ordering period commences on the award date of this IDIQ contract, and concludes five (5) years from the date of award. TOs may be issued at any time during the IDIQ ordering period. Once the IDIQ ordering period concludes, no new TOs may be issued.

(c) Task Order Period of Performance

Task orders may be issued at any time during the ordering period, and performance must be completed no later than two (2) years after the end of the ordering period of the IDIQ contract.

F.3 PLACE OF PERFORMANCE

Performance of this IDIQ contract and task orders issued hereunder will be in Zimbabwe.

F.4 PERFORMANCE STANDARDS

Evaluation of the contractor’s performance must be conducted for each task order in accordance with the performance standards set forth in the Task Order, if any, the Contractor's overall performance toward achievement of the objectives in Section C and provision of deliverables in Section F of the task order, and the Contractor's compliance with all other terms and conditions of the IDIQ and task order. USAID will also evaluate the Contractor’s performance during the interim and final periods of the task order in accordance with the Contractor Performance Assessment Reporting System (“CPARS”). Each evaluation will be conducted jointly by the TOCOR and the Task Order Contracting Officer (“TOCO”), and must form the basis of the Contractor's permanent performance record with regard to this Contract and task orders as required in FAR Part § 42.15 and AIDAR 742.15.

Task Orders will have performance standards that are tailored to the task order type, size, content, and complexity of the requirement.

F.5 REPORTS AND DELIVERABLES OR OUTPUTS

In addition to the requirements set forth for submission of reports in Sections I and J, and in the AIDAR clause 752.242-70, Periodic Progress Reports, the Contractor must submit required deliverables or outputs as specified in individual task orders to the Contracting Officer’s Representative (COR) specified in Section G with a copy to the Contracting Officer.

All reports and deliverables must be in the English language unless otherwise specified by the IDIQ COR. The Contractor shall submit the below reports to the COR:

The Contractor shall submit reports for the required services as directed by the COR. The Contractor reports shall at a minimum:

Contain a title page, table of contents, a transmittal letter and summary which includes:

(1) a background section with a general description of the USAID Agreement, the period covered, the program objectives, and a clear identification of all entities mentioned in the report;

(2) the objectives and scope of the technical assistance/review, and a clear explanation of the procedures performed, the findings and results and the scope limitations, if any; and

(3) a brief summary of the recipient’s management comments regarding their views on the results and findings.

Findings must contain enough relevant information to expedite the resolution process (e.g., number of items tested, size of the universe, error rate, corresponding dollar amounts, etc.), and discuss the control risk, the reportable conditions and material weaknesses in the implementing entity internal control structure. Material instances of noncompliance must also be reported and discussed in the related findings.

In reporting material irregularities, or other noncompliance, the Contractor must place its findings in proper perspective to give USAID/Zimbabwe a basis for judging the prevalence and consequences of these conditions. The instances identified must be related to the universe or the number of cases examined, and be quantified in terms of dollar value, if appropriate.

The findings contained in the reports must clearly explain the condition (what is), criteria (what must be), cause (why it happened) and effect (what harm was caused by not complying with the criteria) to provide sufficient information to management to permit them to determine the effect and cause in order to take timely and proper corrective actions. In addition, the findings must contain recommendations that correct the cause and the condition, as applicable.

The reports must also contain pertinent views of responsible officials of the implementing entity concerning the findings and actions taken by the entity to implement the recommendations. The Contractor should obtain written comments.

F.6 ORDERING PROCEDURES (Request for Task Order Proposal)

F.6.1 General

(a) General

1. To obtain services or other deliverables that are within the scope of this contract, the Task Order Contracting Officer (TOCO) may issue orders using any of the pricing types specified in the contract.

2. The Contractor(s) must respond to the RFTOP within the number of calendar days stated in the RFTOP.

3. No separate payment will be made to the Contractor for the cost to prepare, submit, and/or negotiate a task order proposal.

4. The Contractor must not commence work until a signed task order is issued and the Contractor is authorized by the TOCO. The TOCO must negotiate and administer task orders in accordance with the ordering procedures set forth herein. Each RFTOP issued under this IDIQ is expected to be below or up to the simplified acquisition threshold of $250,000. In accordance with FAR 16.505(b)(1)(ii), the TOCO may use streamlined procedures for soliciting task order proposals. If the order does not exceed the simplified acquisition threshold, the TOCO need not contact each of the multiple awardees under the contract before selecting an order awardee, if the contracting officer has information available (for example: capabilities statement, past performance information, pricing) to ensure that each awardee is provided a fair opportunity to be considered for each order.

5. At any time and throughout the life of the contract, at the request of either the

Contractor or the Government, the Contractor may propose additional labor categories, rates, and descriptions in addition to the contract labor categories for the task order. These additional labor categories, rates, and descriptions will be negotiated on a case-by-case basis and may only be approved by the IDIQ Contracting Officer.

(b) Request for Task Order Proposal (RFTOP)

(1) Task Orders may be issued by USAID Contracting Officers within the IDIQ statement of work described in Section C.

(2) Each Task Order will carry a specific Task Order number which will be cited on each invoice placed against this Contract.

(3) In no event must the aggregate total of all Task Orders exceed the Maximum Ordering

Limitation authorized in the IDIQ Contract. All Task Order statements of work and performance periods must be within the statement of work and effective period of this Contract.

(4) The FAR and AIDAR clauses/provisions included in the contract are applicable to Task

Orders as issued based on their individual statements of work. Clauses and provisions remain applicable throughout the terms of the Contract and orders. Additionally, there may be clauses/provisions that apply only at the Task Order level.

(5) All Statements of Work and estimated budgets from prospective task orders must be cleared by the IDIQ COR prior to release of the solicitation.

(6) Past performance information specific to the task order requirement may be requested.

All task order proposals must include the contractor’s cost or price to perform the anticipated task order. The RFTOP request must be in writing (via email) and include a statement of objectives or statement of work and the evaluation procedure if applicable. If the selection is based upon information obtained from other than the contractor’s proposals, the RFTOP must identify the other evaluation criteria. The evaluation may be based solely on cost/price and past performance, but may also include one or more technical factors such as corporate experience, personnel, and/or technical approach.

The following content should be included (as appropriate):

A. RFTOP Content

Orders placed under indefinite-delivery contracts must contain the following information:

1. Large or small business competition

2. RFTOP number

3. Closing Date of RFTOP proposal submission

4. Statement of Work (SOW)/Performance Work Statement (PWS)/Statement of Objectives

(SOO)

5. Instructions for submission of technical and cost/price proposals

6. Evaluation criteria and relative order of importance

7. Branding Strategy

8. Anticipated Contract Type (FFP or FFP-LOE)

9. Security situation and plan requirements

10. Environmental conditions

11. Total Estimated Cost Range

12. CO contact information.

B. Task Order Award

1. Date of order

2. Task Order Number and Contract Number

3. For supplies and services, contract item number and description, quantity, and unit price or estimated cost or fee

4. Accounting and appropriation data. Source of Funds and Fiscal Data, TIN, DUNS number

5. Method of payment and payment office

6. Price

7. Obligated Amount

8. Statement of Work (SOW)/Performance Work Statement

9. Place of Performance

10. Logistic Support

11. USAID and Other Officials (e.g., CO & COR)

12. Language Requirements

13. Deliverables/Results/Reports

14. Special Requirements/Relevant Information

15. Government-Furnished Property, if any, to be furnished to the contractor

16. Key/Essential Personnel

17. Gender requirements

18. Branding and Marking

19. Other special requirements

F.6.2 Task Order Limitations

If issuance of a task order to, and acceptance of a task order by, the Contractor would: (1) result in the Contractor (or its personnel or its subcontractors or their personnel) having an organizational conflict of interest for which restrictions would be placed on the Contractor's (or its personnel or its subcontractors’ or their personnel) future activities; or (2) violate the provisions of the Procurement Integrity legislation, i.e., Section 27 of the Office of Federal Procurement Policy Act (41 U.S.C. 423), as amended by Section 814 of Pub. L. 101-189 the Contractor, after written notification to the Contracting Officer, is not obligated to furnish those services or reports and other deliverables under this contract, and USAID may acquire the supplies or services from another source.

In accordance with the general procedures in F.6.1 above, the Task Order Contracting Officer (TOCO) will request a task order proposal from one or more contractor(s). After applying the evaluation criteria stated in the request, the TOCOR drafts a brief memorandum to the TOCO recommending that the task order be awarded to the contractor that most successfully addresses the evaluation criteria which permits discussions if needed. The TOCO is responsible for final selection, negotiation, and task order award.

F.6.2.1 Award Types

Task orders issued under this IDIQ contract must be Firm Fixed-Priced (FFP) type or Firm- Fixed-Price Level of Effort (FFP LOE).

The fixed price for each task order will be negotiated based on the price to complete the work and include a payment schedule based upon completion of deliverables/services and total that the contractor will be paid. After acceptance of a fixed-price task order by the Contractor, the task order price will only be adjusted to reflect changes in scope or conditions governed by other clauses (differing site conditions, etc.) or the terms and conditions of the task (for example, economic price adjustments).

F.6.2.2 Responsibility Determination:

The TOCO must conduct a separate responsibility determination for each task order.

F.7 KEY PERSONNEL

The Contractor must furnish key personnel as stated in task orders. The key personnel specified in task orders are considered to be essential to the work being performed thereunder. Prior to replacing any of the specified individuals, the Contractor must immediately notify both the Contracting Officer and USAID Cognizant Technical Officer reasonably in advance and must submit written justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the program. No replacement of key personnel must be made by the Contractor without the written consent of the Task Order Contracting Officer.

F.8 IDIQ CENTRAL MANAGEMENT

The Contractor must provide the central management necessary to fulfill all the requirements of this IDIQ Contract. This includes cost and quality control of all tasks and assignments.

[END OF SECTION F]

SECTION G: CONTRACT ADMINISTRATION DATA

G.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

Unless otherwise stated, all clauses and provisions in this contract apply to task orders. Clauses and provisions remain applicable throughout the terms of the contract and task orders.

G.2 CONTRACTING OFFICER

(a) For the Basic IDIQ:

The Contracting Officer (CO) for this contract is J. Zeb Simpson.

(b) For Task Orders:

The Task Order Contracting Officer (TOCO) executing the individual Task Order will retain cognizance of contract administration for that Task Order.

G.3 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

(a) For the Basic IDIQ:

The Contracting Officer Representative (COR) is Theophilus Thorpe.

(b) For Task Orders:

Each Task Order issued hereunder will indicate a TOCOR for that particular order. The TOCOR will be responsible for technical oversight for that specific Task Order. The TOCOR designation letter(s) will be issued by the TOCO immediately after the award of the task order(s) with copies to all concerned.

G.4 CONTRACTOR’S PRIMARY POINT OF CONTACT

The contractor’s primary point of contract depends on each contractor.

G.5 PAYING OFFICE

The Contractor must submit invoices to the payment office indicated on the Cover Page of each Task Order. Generally, this will be the USAID overseas field Mission from which the funds for the Task Order are provided or, for Missions without their own Controller, the regional office responsible for that Mission.

G.6 ACCOUNTING AND APPROPRIATION DATA

To be determined.

G.7 CONTRACTOR’S PAYMENT ADDRESS

To be determined

G.8 TECHNICAL DIRECTION/RELATIONSHIP WITH USAID

a. Technical directions must be in writing, and must be within the scope of the contract, as detailed in Section C. Technical directions include:

1. Written directions to the Contractor that fill in details, suggest possible lines of technical inquiry, or otherwise facilitate completion of the work.

2. Provision of written information to the Contractor that assists in the interpretation of drawings, specifications, or technical portions of the work statement; and

3. Review and, where required, written approval of technical reports, drawings, specifications, or technical information to be delivered.

b. The CO, by separate designation letter, authorizes the COR to take any or all action with respect to the following, unless specifically prohibited by the terms of this contract:

1. Provide technical direction.

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

3. Perform or cause to be performed, inspections in connection with this contract and require the Contractor to correct all deficiencies; perform acceptance for the Government.

4. Maintain direct communications with the Contractor. Written communications with the Contractor and documents must be signed as “Contracting Officer’s Representative” with a copy furnished to the CO.

5. Monitor the Contractor’s production or performance progress and notify the Contractor in writing of deficiencies observed during surveillance, and direct appropriate action to effect correction. Record and report to the CO incidents of faulty or nonconforming work, delays or problems.

6. Complete CPARs every 12 months.

7. Obtain necessary security clearance and appropriate identification if access to

Government facilities are required.

8. If to be provided, ensure that Government furnished property is available when required.

c. LIMITATIONS: The COR is not authorized to award, agree to, or sign any contract

(Including delivery or purchase orders) or modifications thereto, or in any way to obligate Government funds. The COR may not take any action that may impact the contract schedule, funding, contract scope, or rate of utilization of level of effort. All contractual agreements, commitments, or modifications that involve costs, prices, quantities, quality, and schedules will be made only by the CO.

d. In the separately issued COR designation letter, the CO may designate an alternate COR to act in the absence of the designated COR, in accordance with the terms of the letter.

e. Contractual Problems: Contractual problems of any nature that arise during the life of the contract must be handled in accordance with the terms of this contract and applicable laws and regulations. The Contractor and the COR will bring all contractual problems to the immediate attention of the CO. Only the CO is authorized to formally resolve such contractual problems. The CO is the sole authority authorized to approve changes to the contractual requirements. Notwithstanding any clause contained elsewhere in this contract, the said authority remains solely with the CO. These changes include, but will not be limited to, the following areas: Statement of Work, price, quantity, technical specifications, delivery schedules, and contract terms and conditions. In the event the Contractor effects any changes at the direction of any other person other than the CO, the change will be considered to have been made without authority.

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

g. In case of a conflict between this contract and the COR designation letter, the contract prevails.

[END OF SECTION G]

SECTION H: SPECIAL CONTRACT REQUIREMENTS

H.1 AUTHORIZED GEOGRAPHIC CODE

The authorized geographic code for procurement of goods and services under this contract is 935 for the prime contract and its subcontractors or as specified in task orders.

Task orders without the same funding source as the basic IDIQ must obtain a separate waiver to the extent a waiver is required.

H.2 DEFENSE BASE ACT

Pursuant to AIDAR 752.228-3 Worker's Compensation Insurance (Defense Base Act), USAID's DBA insurance carrier is: Starr Indemnity & Liability Company through its agent, Marsh McLennan Agency (MMA), using any of the following methods:

1. Website: There is a website with the option to print a PDF application form and submit it or complete an online application. The link to the website is:

https://www.starr.com/Insurance/Casualty/Defense-Base-Act/USAID---Defense-Base- Act

2. Email an application form can be emailed to: USAID@marshmma.com

3. Additional Contacts Direct contacts for Starr Indemnity & Liability Company and its agent, Marsh MMA, are listed below. These contacts are available for guidance and question regarding the required application form and submission requirements:

Tyler Hlawati (Starr) tyler.hlawati@Starrcompanies.com Telephone: 646-227-6556 Cell phone: 347-326-1357 399 Park Ave, New York, NY 10022

Bryan Cessna (Starr) bryan.cessna@starrcompanies.com Telephone: 302-249-6780 399 Park Ave, New York, NY 10022

Mike Dower (Marsh MMA) mike.dower@marshmma.com Telephone: 703-813-6513 5500 Cherokee Avenue, Suite 300, Alexandria, VA 22312

Diane Proctor (Marsh MMA) diane.proctor@marshmma.com https://www.starr.com/Insurance/Casualty/Defense-Base-Act/USAID---Defense-Base-Act https://www.starr.com/Insurance/Casualty/Defense-Base-Act/USAID---Defense-Base-Act mailto:USAID@marshmma.com mailto:tyler.hlawati@Starrcompanies.com mailto:bryan.cessna@starrcompanies.com mailto:mike.dower@marshmma.com mailto:diane.proctor@marshmma.com

Telephone: 703-813-6506 5500 Cherokee Avenue, Suite 300, Alexandria, VA 22312

The Contractor is required to procure DBA insurance through USAID’s approved Contractor.

H.3 EXECUTIVE ORDER ON TERRORISM FINANCING

The Contractor 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 to ensure compliance with these Executive Orders and laws.

H.4 ELECTRONIC PAYMENTS SYSTEM

1. Definitions:

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

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

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

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

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

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

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

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

4. More information about how to establish, implement, and manage electronic payment methods is available to contractors at http://solutionscenter.nethope.org/programs/c2e-toolkit.”

H.5 SUBMISSIONS OF DATASETS TO THE DEVELOPMENT DATA LIBRARY

(DDL) (OCT 2014)

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

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

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

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

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

(2) Unless otherwise directed by the Contracting Officer (CO) or the Contracting Officer Representative (COR), the contractor must submit the Dataset and supporting documentation within thirty (30) calendar days after the Dataset is first used to produce an Intellectual Work or is of sufficient quality to produce an Intellectual Work. Within thirty (30) calendar days after award completion, the contractor must submit to the DDL any Datasets and supporting documentation that have not previously been submitted to the DDL, along with an index of all Datasets and Intellectual Work created or obtained under the award. The contractor must also provide to the COR an itemized list of any and all DDL submissions.

The contractor is not required to submit the data to the DDL, when, in accordance with the terms and conditions of this award, Datasets containing results of federally funded scientific research are submitted to a publicly accessible research database. However, the contractor must submit a notice to the DDL by following the instructions at www.usaid.gov/data, with a copy to the COR, providing details on where and how to access the data. The direct results of federally funded scientific research must be reported no later than when the data are ready to be submitted to a peer-reviewed journal for publication, or no later than five calendar days prior to the conclusion of the award, whichever occurs earlier.

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

(4) The contractor must ensure that any Dataset submitted to the DDL does not contain any proprietary or personally identifiable information, such as social security numbers, home addresses, and…