72061720R00018 Amendment No 3.pdf

(x)

72061720R00018 x x copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR

OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

N/A

Not Applicable

720617

00000 USAID/Uganda

09/16/20200003

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

09/16/2020

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

In this third amendment to solicitation no. 72061720R00018 USAID/Uganda intends to amend the subject closed solicitation to respond to the requirements of the Foreign Assistance

Waiver for National Defence Authorization Act (NDAA) Section 889.

See continuation pages for details.

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

Jesse Gutierrez

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

Continuation pages for the amendment for the closed solicitation of Feed the Future Institutional and Systems Strengthening (ISS) Activity 72061720R00018

USAID/Uganda intends to amend the subject closed solicitation to respond to the Foreign Assistance Waiver requirements for National Defence Authorization Act (NDAA) Section 889.

Effective August 13, 2020, FAR 4.2102(a)(2) implemented the statutory prohibition NDAA 889(a)(1)(B) to enter into contracts that use covered telecommunications equipment or services.

On November 19, 2020, the Direction of National Intelligence provided a new Foreign Assistance Waiver. The Waiver applies through September 30, 2022.

Since the contract resulting from the subject solicitation extends beyond the Foreign Assistance Waiver’s expiration date, the Contracting Officer decided to use a “Condition Subsequent” clause. The Condition Subsequent will only apply to contracts if the successful contractor submitted an affirmative FAR 52.204-24 representation with their original proposal.

This approach requires the Contractor to submit an updated FAR 52.204-24 Representation no later than March 31, 2022. If the contractor presents an affirmative representation, the contract will expire on September 30, 2022.

The subject solicitation is closed. This amendment notifies the offerors that USAID/Uganda will insert the clauses below in the resultant contract if the successful offeror submitted an affirmative FAR 52.204-24 Representation.

USAID requests all Offerors who submitted proposals to confirm if the clause’s insertion will lead to proposal changes (technical or cost) and describe in concise terms the nature of the changes.

NOTE. USAID is only seeking information at this time. USAID is not requesting offerors to submit updated proposals.

Submit your response to KampalaUSAIDSolicita@USAID.gov with the email title “FTF ISS Section 889 Review” no later than February 25, 2021, at 17:00hrs (EST) Washington DC.

SECTION F# - Period of Performance

Prescription: Insert the following additional text in all solicitations for supplies for use and services for performance outside the United States, in sections of the award that include the Performance Period terms.

SECTION F# - Period of Performance

[Note to Offerors: This language will be added to the award if it is based on the Foreign Assistance waiver. If the apparently successful offeror does not require a waiver, this additional language will be deleted from the award document.]

The period of performance for this contract is [(CO to add as applicable)] subject to the conditions set forth in Section H[#].

mailto:KampalaUSAIDSolicita@usaid.gov

(End)

H#. FAR Part 4.21 Prohibition on Contracting for Certain Covered Telecommunications and Video Surveillance Services or Equipment (Section 889) (January 2021)

Prescription: Insert the following special contract requirement in all solicitations for supplies for use and services for performance outside the United States.

H#. FAR Part 4.21 Prohibition on Contracting for Certain Covered Telecommunications and Video Surveillance Services or Equipment (Section 889) (January 2021)

[Note to offerors: This language will be added to the award if it is based on the Foreign Assistance waiver. If the apparently successful offeror does not require a waiver, this additional language will be deleted from the award document.]

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

Accordingly, the Contractor must submit the FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment, to the Contracting Officer, as soon as the contractor is no longer using any covered technology but no later than March 31, 2022.

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

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

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

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

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

(End)

Alternate I (January 2021). For IDIQ contracts, add the following paragraph (d) to the basic clause:

(d) The contractor is entitled to receive the guaranteed minimum if the contract ends before the ordering period expires.