Sol 72066020R00014 Amendment 1.pdf

(x)

72066020R00014 x x

1 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

720660

00000 USAID/DROC (Congo)

07/21/20200001

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

07/21/2020

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.)

Amendment 1 removes references to the INVEST + BOA and incorporates clauses applicable for full and open competition.

The closing date/time for questions is now by August 10, 2020 at 9am EST.

The closing date/time for receipt of proposals is now by September 14, 2020 at 9am EST.

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)

Sarah R. Bueter

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 .

USAID/DROC (Congo)

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PURPOSE

This Investment Facilitation Platform (INVEST) Activity is a transaction-focused, market-led approach to developing key sectors and value chains, deepening DRC’s nascent financial market, and improving the business and investment ecosystem. The Contractor must work on providing support to both the demand side and the supply side of the market. On the demand side: The platform must address the constraints that local companies have with their ability to grow their operating capacity and raise critical growth capital. On the supply side: For investors, the platform acts as a neutral intermediary and directly addresses barriers such as information asymmetries and high transaction costs by improving finance providers and investors’ understanding of the market and decreasing the cost of due diligence. Current USAID activities in these sectors are focused in South Kivu, North Kivu, and Ituri provinces. See Section J for USAID’s Country Development Cooperation Strategy, which details USAID’s activities in the

DRC.

B.2 CONTRACT TYPE

The Government anticipates the award of one (1) Cost-Plus-Fixed Fee (Completion) Contract as a result of this RFP; however, it reserves the right to make multiple awards or no award. All work under this award is subject to the availability of funding, with the award expected to be funded incrementally.

B.3 ESTIMATED COST, FIXED FEE AND OBLIGATED AMOUNT

a. The estimated cost for the performance of the work required for the five-year period of performance hereunder, exclusive of any fixed fee is $TBD. The fixed fee is $TBD. The estimated cost plus fixed fee is $TBD.

b. Within the estimated cost plus fixed fee 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 must not exceed the aforesaid obligated amount.

c. Funds obligated hereunder are anticipated to be sufficient through TBD

B.4 BUDGET

The budget for this contract is as follows:

Contract Line Item

Item Number Services Quantity Unit Unit Price Amount

Base Award, Nonpersonal services for the INVEST activity 1 LOT

$TBD

The inclusion of any costs in the above budget does not obviate the requirement for prior approval from the Contracting Officer of cost items designated as requiring prior approval by any of the terms and conditions of this contract, including the applicable cost principles (see FAR 52.216-7 Allowable Cost and Payment (AUG 2018)); 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.5 INDIRECT COSTS

[This section will be filled out at the time of award consistent with the selected contractor’s Negotiated Indirect Cost Rate Agreement (NICRA) approved at the time of award.].

B.5.1 PRIME CONTRACTOR

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:

Description Rate Base Type Period

TBD TBD 1/ 1/ 1/

TBD TBD 2/ 2/ 2/

TBD TBD 3/ 3/ 3/

1/Base of Application:

Type of Rate: Predetermined/Provisional

Period:

2/Base of Application:

Type of Rate: Predetermined/Provisional

Period:

3/Base of Application:

Type of Rate: Predetermined/Provisional

Period:

B.5.2 MAJOR SUBCONTRACTOR(S)

For each of the major subcontractor(s)* and any subcontractor that proposes a Negotiated Indirect Cost Reimbursement Agreement.

Description Rate Base Type Period

TBD TBD 1/ 1/ 1/

TBD TBD 2/ 2/ 2/

TBD TBD 3/ 3/ 3/

1/Base of Application:

Type of Rate: Predetermined/Provisional

Period:

2/Base of Application:

Type of Rate: Predetermined/Provisional

Period:

3/Base of Application:

Type of Rate: Predetermined/Provisional

Period:

*“Major subcontractor(s)” are those subcontractors whose proposed costs exceed 20 percent of the contract value or who are otherwise defined by the prime to be essential to successful activity implementation.

B.6 INDIRECT COSTS AND ADVANCED UNDERSTANDING ON CEILINGS

Offerors must propose Ceiling rates in accordance with the following sections:

B.6.1 PRIME CONTRACTOR

Ceilings are not applicable to Small Business Offerors or local organizations serving as the prime or a subcontractor.

Reimbursement for indirect costs will be at the lower of the negotiated final pre-determined rates or the following ceiling rates:

Description 2020 2021 2022 2023 2024

[Rate 1 description to be inserted] __% ___% ___% ___% ___%

[Rate 2 description to be inserted] __% ___% ___% ___% ___%

[Rate 3 description to be inserted] __% ___% ___% ___% ___%

The government will not be obligated to pay any additional amount on account of indirect costs above the ceiling rates established in the contract. This advance understanding will not change any monetary ceiling, cost limitation, or obligation established in the contract.

B.6.2 MAJOR SUBCONTRACTOR(S)

Reimbursement for indirect costs will be at the lower of the negotiated final pre-determined rates or the following ceiling rates:

Description 2020 2021 2022 2023 2024

[Rate 1 description to be inserted] __% ___% ___% ___% ___%

[Rate 2 description to be inserted] __% ___% ___% ___% ___%

[Rate 3 description to be inserted] __% ___% ___% ___% ___%

The Contractor and major subcontractor(s) will make no change in its established method of classifying or allocating indirect costs that impacts this contract without the prior written approval of the Contracting Officer

The government will not be obligated to pay any additional amount on account of indirect costs above the ceiling rates established in the contract. This advance understanding will not change any monetary ceiling, cost limitation, or obligation established in the contract.

B.7 COST REIMBURSABLE

Allowable costs will be limited to reasonable, allocable and necessary costs determined in accordance with FAR 52.216-7 Allowable Cost and Payment (AUG 2018), FAR 52.216-8 Fixed Fee (JUNE 2011), if applicable, and AIDAR 752.7003 Documentation for Payment.

(b) In addition, the requirement and conditions concerning estimated cost and funding apply as detailed in FAR 52.232-22 Limitation of Funds (APR 1984).

B.8 PAYMENT OF FIXED FEE (CPFF)

Pursuant to FAR 16.306 (d) Cost-Plus-Fixed-Fee Contracts, payment of the fixed-fee will be tied to the completion of meaningful measurable tasks identified in the AMELP, Section F, and in accordance with the fixed fee payment schedule (See L.8 Instructions for the Preparation of the Cost Proposal).

[Selected Offeror’s Fixed Fee Schedule to be inserted at time of Award]

All fixed fee payments are subject to the inspection and acceptance by USAID as specified in Section E of the same and in compliance with the terms of this contract. Upon successful completion of a deliverable, the Contractor must provide evidence of its achievement to the Contracting Officer’s Representative (COR). Upon receipt of concurrence by the COR, the Contractor shall submit an invoice for the amount of the fee associated with the deliverable.

In the event of discontinuance of the work in accordance with the clause of the contract entitled FAR 52.249-6 Termination (Cost Reimbursement), the fee must be re-determined by mutual agreement equitably to reflect the reduction in the work actually performed. The amount by which such fee is less than, or exceeds, payments previously made on account of the fee must be paid to, or repaid by the Contractor, as applicable.

Pursuant to FAR 52.216-8 Fixed Fee, after payment of 85 percent of the fixed fee, further payment of the fee will be withheld until a reserve is set aside not to exceed 15 percent of the total fixed fee or $100,000, whichever is less.

B.9 MULTI-YEAR CONTRACT

The ceiling is considered non-severable, creating a multi-year contract as defined in FAR 17.103.

Therefore, this contract is subject to the requirements of FAR 17.106.

Cancellation Ceiling:

This is a Cost-Plus-Fixed Fee (Completion) Order where the contractor is authorized to be reimbursed for all costs which are allowable in accordance with FAR 52.216-7, “Allowable Costs and Payment.” Therefore, the contractor will not incur any costs which would have been amortized over the life of the contract should the contract be cancelled in accordance with FAR 52.217-2. Therefore, the cancellation ceiling for each cancellation date is shown below.

Cancellation Dates Ceilings

Contract Year 2:

Contract Year 3:

Contract Year 4:

Contract Year 5:

END OF SECTION B

SECTION C - STATEMENT OF WORK

Investment Facilitation Platform (INVEST)

C.1 INTRODUCTION

USAID seeks to unlock the potential of private capital to drive inclusive growth. The support provided by such an investment platform improves the ability of local companies to grow their operating capacity and raise critical growth capital. For investors, the platform acts as a neutral intermediary and directly addresses barriers such as information asymmetries and high transaction costs by improving finance providers’ understanding of the market and decreasing the cost of due diligence. Each platform must provide appropriate support within the local context and constraints, including but not limited to the capital and technical assistance needed by target companies; risks and transaction costs faced by investors; and, local characteristics of the DRC financial market.

More specifically, the contractor must provide the following functions to companies and finance providers:

(1) Build a pipeline of investible companies aligned with USAID/DRC target sectors and regions (as identified above);

(2) Engage and develop relationships with a range of finance providers demonstrating appetite for investment in target sectors/regions (e.g. banks/lenders, microfinance impact investors, private equity firms, development finance institutions (DFIs), etc.).

(3) Support for finance providers and investors through:

a. Detailed due diligence, including evaluation of market position, business case, and risks (e.g. internal, market, reputational)

b. Financial analysis, including building financial models, performing valuations, etc.

(4) Support for companies through:

a. Fundraising support, including business plan and pitch deck preparation support and sourcing of equity, debt, and investment-enabling products (e.g., guarantees, grants, insurance, etc.)

b. Deal structuring, including guidance on optimal debt-equity mix, appropriate partnering/joint venture arrangements, domiciling, etc.

c. Due diligence preparation by supporting preparation of documents requested by potential investors

In addition to providing direct technical assistance, it is envisioned that the investment facilitation platform may draw upon guarantees (from the Development Credit Authority or other public and private providers of guarantees) to provide additional technical assistance outside the capabilities of the investment facilitation platform staff (e.g. legal support, niche feasibility studies, etc.). The guarantee should be deployed with consideration to minimizing market distortions.

Work will focus in South Kivu, North Kivu, or Ituri provinces. Additionally, if investment facilitation opportunities are identified outside of these areas, they will be reviewed on a case-by-case basis.

C.2 BACKGROUND

Located at the crossroads of the African continent and sharing borders with nine countries, the Democratic Republic of the Congo (DRC) has the potential to be a top African contributor to the continent’s economic renaissance because of its size and potential. It has abundant natural resources, including land, natural minerals, and the hydropower potential to power the entire African continent. It has vast agricultural potential including substantial fish and livestock resources. Yet, prevalent sectors (e.g. agriculture, including coffee and cacao; artisanal mining;

and, energy) remain under-developed due to corruption, lack of institutional capacity, and instability.

In 2017, a Political Economy Analysis (PEA) (see Section J for the PEA) and a study of the coffee and cacao sectors were conducted. Both identified access to finance as a constraint and both recommended opportunities for blended finance to promote growth in the agriculture sector, particularly for higher value, export crops. The PEA found that pure bank lending is particularly constrained by a host of factors that include collateralization challenges and prohibitively high lending rates.

More recently in late 2018, USAID/DRC conducted an assessment of the finance needs and opportunities in eastern Congo, specifically looking at how blended finance can play a role (see Attachment J.7 for assessment). The assessment found that investors indicate a willingness to enter the market but lack intermediaries (Intermediaries facilitate transactions between the suppliers of capital and users of capital for mutual benefit.) and sufficient risk mitigation to address real and perceived risks. Investors require trusted intermediaries that understand the local market to help them locate, understand, and diligence investment opportunities. In terms of risk, investors face a host of concerns including security, political instability, competition from neighboring countries, including Rwanda and Uganda, and a lack of business management skills.

To attract private investment in more developed sectors and value chains (i.e. coffee, distributed energy), the assessment recommended a combination of risk mitigation, technical assistance and investment facilitation. Specifically, one promising recommendation was the establishment of an investment facilitation platform, which connects capital supply and demand by helping investors access opportunities in the region and assisting local companies prepare for outside investment.

C.3 TECHNICAL REQUIREMENTS

The contractor must provide support in the following areas:

1. Transaction identification and scoping

● Identification of specific opportunities or transactions to target, their timeframe (short term, medium term), and alignment with USAID/DRC objectives.

● Identification of specific areas of support and, with the approval of activity stakeholders

(e.g. USAID/DRC Economic Growth Office), formalize the scope and intended engagement through engagement letters.

2. Relationship management with finance providers, business service providers, and other ecosystem stakeholders

● Identification of existing and potential finance and business service providers;

● Identification of key constraints and potential solutions, products, and mitigation that address constraints

3. Firm-level and investor interventions

● Firms will be provided with direct technical assistance and advisory services and/or have been referred to additional services (e.g. legal).. Each engagement will likely contain elements of strategic and operational support, ecosystem support, capital raising, and/or post investment support.

● Finance providers and investors will be provided support, including but not limited to due diligence support, market research, and financial analyses.

C. 4 OTHER REQUIREMENTS

In addition to the performance requirements below, the contractor must complete the documents as detailed in Section F. 4, Reports and Deliverables.

Before the signing of each underlying engagement the selected partner will work with the Contracting Officer’s Representative (COR) to agree on specific performance targets based on the nature of the underlying support – this could take the form of investment catalyzed, job creation, enterprise growth, or other USAID/DRC objectives. The structure and method for payout will be determined at the individual engagement level and agreed upon by all stakeholders. In the Detailed Workplan stage, the Program stakeholders and the selected partner will establish metrics that can account for performance/impact within the relevant time periods.

The following cross-cutting issues must be addressed throughout performance of the contract:

● Collaboration and Flexibility - Collaboration with USAID and other USAID-funded activities in the design of the learning agenda and research questions/activities and in setting performance metrics will be required, as USAID and the Contractor learn and adapt over the course of implementation.

● Local Systems and Capacity - USAID emphasizes the importance of the utilization of local systems and resources. Accomplishing the three objectives outlined will require the engagement of local experts, stakeholders and other resources.

● Portfolio Integration - Successful implementation of similar initiatives have depended upon the implementer’s ability to establish different networks and systems within the initiative and to ensure that they are effectively integrated.

● Adaptive Management - Throughout the performance of this contract, the Contractor must use the principles of adaptive management. Activities performed under this contract are understood to be, in part, experimental in nature, meaning that the best efforts of the Contractor may not achieve desired results because of unknown factors, and therefore will include continuous monitoring to assess effectiveness and performance. Through adaptive management, the Contractor in conjunction with USAID will establish frequent milestones at reasonable intervals to review each activity. At milestone reviews, evidence gathered during performance will be analyzed and, as a result, the activity may be modified, abandoned, or redefined. Milestone reviews will be conducted collaboratively between the Contractor and USAID.

● Gender Equality and Women’s Economic Empowerment - The USAID Gender Equality and Female Empowerment Policy identifies gender equality and female empowerment as core development objectives, fundamental for the realization of human rights and key to effective and sustainable development outcomes. It further affirms that no society can develop successfully without providing equitable opportunities, resources, and life prospects for males and females so that they can shape their own lives and contribute to their families and communities.The policy’s focus is on achieving gender equality, reducing gender-based violence (GBV), and empowering women and girls. The goal of the policy is that all USAID programming will incorporate these.

● USAID is committed to achieving gender equality, women empowerment and preventing and responding to gender-based violence. (WEFE policy); and operationalized the guidance outlined in ADS 205. The USG’s commitment to gender is also reflected in the recently approved Women’s entrepreneurship and Economic Empowerment Act (WEEE) which legally requires gender integration across USAID sectors, as well as the Women’s

Global Development and Prosperity Initiative (WGDP). Awardees will be required to integrate gender in all phases of work per ADS 205.

● Environmental Best Practices and Climate Change - In order to identify any potential negative impacts and ensure compliance with USAID and USG environmental procedures, the Contractor must develop procedures to assess the environmental impact of proposed assistance and develop mechanisms to address the relevant assessment requirements. The environmental compliance of the award will be guided by the approved Initial Environmental Examination (IEE) “ DRC Economic Growth IEE Amendment 1: Investment Facility” attached.

END OF SECTION C

SECTION D - PACKAGING AND MARKING

D.1 BRANDING STRATEGY

1. Branding Implementation Plan (BIP)

A Branding Implementation Plan must be developed by the Contractor. It must describe how the program will be communicated to the beneficiaries and promoted to host country citizens. It will outline the events and materials the Contractor will use to deliver the message that the assistance is from the American people. More specifically, the Branding Implementation Plan must 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 cooperating 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, success stories, beneficiary testimonials, professional photography, PSAs, videos, webcasts, invitations or other emails set to group lists, such as participants for a training session blast emails or other Internet activities, etc.

(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 a program, or to an opportunity to showcase publications or other materials, research findings, or program success. These include, but are not limited to the following: launching the program, announcing research findings, publishing reports or studies, spotlighting trends, highlighting success stories, featuring beneficiaries as spokespeople, securing endorsements from partner municipalities, ministry or local organizations, promoting final or interim reports, and communicating program impact/overall results. Note all news releases/media alerts must be coordinated with the COR. In general, all releases/alerts are issued by the U.S.

Embassy on behalf of USAID.

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. Feed the Future branding information is detailed at https://feedthefuture.gov/lp/feed-future-branding .

http://www.usaid.gov/branding http://www.usaid.gov/branding https://feedthefuture.gov/lp/feed-future-branding https://feedthefuture.gov/lp/feed-future-branding

Exceptions: Situational Branding

The Mission in the DRC recognizes that full branding may not be appropriate for all materials/products/events, in all locations, at all times. A Branding and Marking plan will be developed by the Contractor and negotiated and approved by USAID/DRC prior to award date to provide the contractor with predetermined standard deviations from full branding to allow for marking adjustments without Mission Director’s approval of case specific situations.

Other Approval Procedures: In carrying out the approved Branding Implementation and Marking Plans, the contractor will seek timely approval from the COR for all public and media documents, speeches, and event preparation forms as per Mission in the DRC outreach and communication procedures. Note that COR approval is subject to USAID designated Development Outreach and Communication Specialist (DOC) prior concurrence which must be received before using any printed materials which incorporate the USAID identity, thus Contractor must build in time for this procedure. Furthermore, it should be noted that in general, all releases/alerts are issued by the U.S. Embassy on behalf of USAID and all such news releases/media alerts must be coordinated with the COR for approval.

D.2 ANTICIPATED ELEMENTS OF MARKING PLAN

Marking Plan (MP)

The Marking Plan must be developed to enumerate the public communications, commodities, and program materials and other items that visibly bear or will be marked with the identity of both donors, where applicable, a host-country symbol or ministry logo may be added. Except for the manufacturer’s trademark on a commercial item, the corporate identities or logos of Contractors or subcontractors are not permitted on USAID-funded program materials and communications. Please refer to ADS Chapter 320.3.2.4 that describes what the Marking Plan must address.

Deliverables to be marked include products, equipment and inputs delivered; places where activities are carried out; external public communications, studies, reports, publications and informative and promotional products; and workshops, conferences, fairs and any such events.

Studies, reports, publications, Web sites, and all informational and promotional products not authored, reviewed, or edited by USAID must contain a provision substantially as follows, “This study/report/Website (specify) is made possible by the support of the American People through the United States Agency for International Development (USAID.) The contents of this (specify) are the sole responsibility of (name of organization) and do not necessarily reflect the views of USAID or the United States Government”.

D.3. APPROVAL OF CONTRACTOR BRANDING IMPLEMENTATION AND

MARKING PLAN

The contractor’s Branding Implementation and Marking Plan dated (TBD) is hereby approved by the Contracting Officer for the life of the award, unless otherwise rescinded earlier. The contractor will follow the plan during implementation of this contract and will request and obtain waivers from the contracting officer when required. Guidance on applying for waivers can be found in USAID Automated Directives System Chapter 320, Branding and Marking.

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 at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (http://acquisition.gov/far/index.html) for electronic access to the full text of a

FAR.

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS JAN 2014

52.246-3 INSPECTION OF SUPPLIES -- COST-REIMBURSEMENT MAY 2001

52.246-5 INSPECTION OF SERVICES -- COST-REIMBURSEMENT APR 1984

E.2 INSPECTION AND ACCEPTANCE

USAID inspection and acceptance of services, reports and other required deliverables or outputs must take place at:

USAID/Democratic Republic of the Congo (USAID/DRC) Mobil Building, 198 Avenue Isiro, Gombe – Kinshasa Democratic Republic of the Congo

Or at any other location where the services are performed and reports and deliverables or outputs are produced or submitted.

The Contracting Officer has delegated, to the COR, the authority to inspect and accept all services, reports and required deliverables or outputs.

E.3 RESPONSIBLE OFFICIAL

A Contracting Officer’s Representative (COR) will be designated and will inspect and accept deliverables, outputs, or other development results required under this award. The acceptance of goods and services and reports or deliverables by the cognizant COR will form the basis for payments to the Contractor.

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 at FAR “52.252-2 CLAUSES INCORPORATED BY REFERENCE” in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

NUMBER TITLE DATE

52.242-15-I STOP WORK ORDER - ALTERNATE I APR 1984

F.2 PERFORMANCE PERIOD

The estimated period of performance for this contract is five (5) years from the date of award.

F.3 PLACE OF PERFORMANCE

The place of performance under this contract is the Democratic Republic of the Congo (DRC).

F.4 REPORTS AND DELIVERABLES

In addition to the requirements set forth for submission of reports and deliverables in Sections H, F, and in accordance with AIDAR clause 752.242-70, Periodic Progress Reports (OCT 2007) and AIDAR 752.7005 Submission Requirements for Development Experience Documents (SEP 2013), the Contractor must submit to the COR reports, deliverables or outputs as further described below. All deliverables and reports will be in English unless otherwise noted in this section.

Additionally, all data generated under this contract will be reported in accordance with USAID’s Open Data policies as described in Section H under “Submission of Datasets to the Development data Library (DDL).”

The Contractor and the COR have the authority to make minor changes to the deliverables and reports specified below. Any such change must not change the basic substance of the deliverable, require funds beyond the amount obligated or exceed the total ceiling price or any budgetary limitation. The following deliverables and reports are required under the contract and the required format will be electronic, unless otherwise noted.

Report Due Date

Mobilization Plan Final due within 15 calendar days after contract award

Annual Work Plans Final Year 1 Plan due within 30 days after contract award.

Subsequent work plans due 30 days prior to end of the performance year.

Activity Monitoring, Evaluation and Learning Plan (AMELP)

Final within 15 calendar days after receipt of USAID comments and updated annually per ADS 201.

Annual Reports Due by October 15th of each year.

Quarterly Reports Due within 30 calendar days after the end of each quarter

Final Reports Due within 45 calendar days following the end of an activity.

Accrual Reports Due within 20 days before the end of each U.S. Fiscal Year quarter.

Additional Engagement Letters As-needed periodically

Periodic Feedback As-needed periodically

Special Reports and Memoranda As-needed periodically

Activity Location Data collection Periodically - Within 90 days following the award, the A/COR, aided by the mission GIS specialist or his designee, will agree with the recipient on the geographic data’s level of detail required, method of collection and frequency, as well as the associated risks and mitigation strategies.

Geographic Data Assets submission See Section (l) below.

Other Materials See Section (n) below

F.4.1 Plans and Reports

(a) Initial Engagement Kick-Off/Scope of Work

The Contractor must submit an initial Scope of Work with the initial 3-5 firms selected for support, formally initiate engagement to support the firms/investors, and develop individual workplans reflective of the proposed interventions and associated performance metrics.

(b) Mobilization Plan

The Contractor shall submit a mobilization plan within fifteen (15) calendar days of contract award. The plan should describe a realistic timeframe and process for program startup. The Contractor shall be fully mobilized and operational with both essential personnel and offices within 60 days of contract award. The Contractor will identify quick start activities that are high priority and can begin even while the work plan is being developed. Quick start activities may commence prior to work plan approval subject to prior CO approval.

(c) Annual Work Plan

Year 1 Annual Work Plan The Contractor must submit the First Year Work Plan within thirty

(30) calendar days after contract award. The Contractor shall submit Annual Work Plans to USAID/DRC for review and approval by the COR, thirty (30) calendar days before the end of each year of performance. The COR will review and provide feedback on the Annual Work Plans within fifteen (15) calendar days of receipt. The Contractor must submit a final Annual Work Plan no later than fifteen (15) calendar days after receipt of COR feedback.

To facilitate project management communications with USAID, the Contractor is encouraged to develop and maintain a collaborative project management tool that allows real time project scheduling, communication, and deliverable monitoring. The Annual Work Plan shall:

a. Include clear and concise language identifying the specific strategy and interventions to be implemented for each distribution activity;

b. Provide a summary of the progress to date on the indicators and targets in the AMEP and the projected evolution over the next year of implementation (for subsequent AWPs)

The format and content of this document will be established by the COR and the Contractor. The Contractor must include as an Annex to the Annual Work Plans the following:

-- Gender Analysis and Gender Implementation Strategy: The Contractor must submit a Gender Analysis and Gender Implementation Strategy ninety (90) calendar days after contract award date. The Contractor must conduct a Gender Analysis to identify gender -based biases that may impact project outcomes. The Contractor must develop and implement a strategy to address these biases, documenting best practices.

-- Conflict Sensitivity Analysis and Implementation Strategy: The Contractor must submit a Conflict Sensitivity Analysis and Conflict Sensitivity Implementation Strategy ninety (90) calendar days after contract award date to ensure that conflict sensitive approaches are incorporated throughout implementation. The Conflict SensitivityAnalysis and Implementation Strategy must ensure a ‘do no harm’ approach is applied to activities to minimize potential negative impacts (including gender and ethnic tensions) and maximize positive impacts (community stability, etc.).

(d) Activity Monitoring, Evaluation and Learning Plan (Activity MEL Plan): The contractor is required to develop and maintain a Monitoring, Evaluation and Learning (MEL) Plan tailored to the objectives of this Activity (this will be based on the draft MEL Plan submitted in the proposal). The Activity MEL Plan reflects the award progress over the life of the Activity and is a critical tool for planning, managing, documenting, and evaluating performance. The contactor, in collaboration with the COR and USAID/DRC M&E Specialist, will verify that the proposed indicators are consistent with and meet the data collection needs of USAID’s Project MEL Plan and the mission’s Performance Management Plan (PMP) if and once available. The contractor will work with these individuals to refine and finalize its Activity MEL Plan.

(e) Annual Reports: The contractor shall prepare and submit to the USAID/COR an annual report within 30 days after the end of the first full fiscal year and annually thereafter, for each authorized year of performance. This Annual report will summarize activities and results during the year in relation to the approved Work Plan and will be based on the USAID fiscal year, which runs from October 1-September 30.

The report must contain an executive summary and address the following:

1. Progress (activities completed, benchmarks achieved, performance standards completed) since the last report by program area;

2. Problems/challenges encountered and whether they were solved or are still outstanding;

3. Proposed solutions to new or ongoing problems;

4. The status of progress against annual targets for each indicator included in the MEL Plan (tracking table), and detailed narratives for any deviation of more than 10% above or below;

5. Describe how or why tracking selected indicators is relevant to understanding progress or results for the Objectives with which they are associated.

6. Describe how the actual performance achieved for the indicators affects progress towards meeting the Objectives over the life of the Activity, and describe what changes, if any, are necessary;

7. Summary of collaborative actions (e.g. joint planning, co-sponsored training, lobbying, complementary interventions, etc.) undertaken with co-located USAID activities..

8. Summary of instances (i.e., numbers and areas of focus) when the Contractor has collaborated with other USG or donor-funded (e.g., EU, WB, UNDP) activities.

9. Summary of utilizing (i.e., numbers and areas of focus) private sector and civil society actors.

10. Describe learning and adaptive actions, including the capture of knowledge in the Activity;

11. Describe actions to ensure the sustainability of the results of Activity; and

13. Documentation of best practices that can be taken to scale.

14. Environmental management and monitoring data, including implementation and effectiveness of mitigation measures.

15. Budget to actual summary and detail.

Annual performance data/indicators must be submitted to USAID/DRC by October 15th of each year.The report of the last year will become the Final Report.

(f) Quarterly Reports: The Contractor will submit brief quarterly performance reports to reflect progress and activities of the preceding quarter. The report must describe the tasks completed in the last quarter relative to what was anticipated by the approved AWP, and will assess overall Activity’s impact to date relative to the performance indicator targets.

Due within 30 calendar days after the end of each quarter. The report of the fourth quarter of every year will become part of the Annual Performance Report.

(g) Final Reports: Within forty-five (45) days prior to the end of the contract, the contractor shall submit a Final Report. At a minimum the Final Report will include:

1. An overall description of all outputs, interventions completed, benchmark achieved;

2. Accomplishments against the approved Annual Work Plans, including overall Activity results;

3. Summary of Success Stories;

4. Lessons learned during the implementation and suggested ways to resolve constraints identified; including those that are gender related;

5. Sustainability of the interventions after the Activity has ended;

6. Specific recommendations where follow-up work by USAID and other entities could reinforce and further consolidate achieved results under the contract;

7. Consolidated financial report that describes in detail how contract funds were utilized;

9. An index of all reports and informational products produced under this contract; the repository must be user-friendly and searchable; and

8. Status of and lessons learned in implementing the conditions of the environmental compliance document (IEE).

(h) Accrual Reports: The Contractor must submit a spreadsheet showing cumulative disbursements and estimated (undisbursed) accruals to the COR. Quarterly Accrual Reports must contain the following information:

1. Total Estimated Cost remaining in the contract;

2. Unliquidated balance in the contract;

3. Accrual amount;

4. Estimated Pipeline amount;

5. Estimated expenses for the following quarter.

Due Date: 20 days before the end of each U.S. Fiscal Year quarter.

(i) Additional Engagement Letters

Additional firms/investors selected for support beyond those selected in the kick-off may also be submitted as additional deliverables. For each additional organization, an engagement letter will be developed that outlines a workplan describing proposed interventions and associated performance metrics. It is envisioned that each additional engagement letter will be based on a performance fee.

(j) Periodic Feedback

The contractor shall provide periodic feedback to USAID/DRC on systematic constraints to access to finance and investment in the region, contributing to broader USAID/DRC efforts on key policy and reform issues.

(k) Special Reports and Memoranda

The Contractor shall prepare special reports in the event of extraordinary, time-sensitive events that need to be brought to the COR’s attention sooner than the next quarterly update. Special reports may be requested from the Contractor by the COR or may be produced by the Contractor exercising his/her own discretion and judgment. The Contractor shall prepare memoranda analyzing draft legislation and regulations.

(l) Activity Location Data collection

The Recipient must collect and submit activity location data collected or produced during the award, according to USAID requirements. Within 90 days following the award, the A/COR, aided by the mission GIS specialist or his designee, will agree with the recipient on the geographic data’s level of detail required, method of collection and frequency, as well as the associated risks and mitigation strategies. At a minimum, the recipient needs to prepare to report on the location(s) where the activity is implemented, or where the recipient has support offices.

The location of the activity’s beneficiaries may also be collected. The Mission’s GIS specialist will be consulted for additional clarifications.

(m)Geographic Data Assets Submission

All geographic datasets must be submitted in accordance with the special clause or provision “Submission of Datasets to the Development Data Library (DDL).” The recipient must be prepared to submit geographic data files, geographic data processing, and, analyses files and geographic data visualization files. The submission will be done according to ADS 579 and supplemental guidance documents. The mission GIS specialist will be available to provide more clarification following the award release.

(n) Other Materials

The Contractor shall provide to the COR copies of any training or instructional materials, assessments, analytical materials, reports and other programmatic documents produced under this contract as an annex to the quarterly or annual reports.

F.5 PERFORMANCE STANDARDS

Evaluation of the contractor's performance must be conducted for each award in accordance with the performance standards set forth in the award. The Contractor's overall performance toward achievement will be determined by the extent to which the Contractor met the objectives in section C, provision of deliverables in Section F of the award and the Contractor's compliance with all other terms and conditions of the Basic Ordering Agreement and award.

Each evaluation will be conducted jointly by the COR and the CO, and must 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. Evaluations will be tailored to the award type, size, content, and complexity of the requirement.

The Contractor’s performance will be evaluated annually and at contract completion, utilizing at a minimum, the following factors:

1. Technical (quality of product or service). The contractor’s conformance to contract requirements, specifications, and standards of good workmanship (e.g., commonly accepted technical, professional, environmental, or safety and health standards) will be evaluated.

Examples include:

A. Are reports/data accurate?

B. Does the product or service provided meet the specifications of the contract/order?

C. Does the contractor’s work measure up to commonly accepted technical or professional standards?

D. What degree of Government technical direction was required to solve problems that arise during performance?

2. Schedule/timeliness. The contractor’s timeliness against the completion of the contract, delivery schedules, and administrative requirements (e.g., efforts that contribute to or affect the schedule variance) will be evaluated. Examples Include:

A. Did the contractor adequately schedule the work?

B. Has the contractor met administrative milestone dates?

C. Has the contractor met physical milestone dates specified by contract or agreed to in the activity schedule?

D. If the schedule has slipped through the contractor’s fault or negligence, has he taken appropriate corrective action of his own volition?

E. Has the contractor furnished all required deliverables on or ahead of schedule?

F. Has the contractor furnished updated activity schedules on a timely basis?

3. Cost Control (not applicable for firm-fixed-price or fixed price with economic price adjustment arrangements).The contractor’s effectiveness in forecasting, managing, and controlling Contract cost will be evaluated. Examples include:

A. Does the contractor keep within the total estimated cost (what is the relationship of the negotiated costs and budgeted costs to actuals)?

B. Did the contractor do anything innovative that resulted in cost savings?

C. Were billings current, accurate and complete?

D. Are the contractor’s budgetary internal controls adequate?

4. Management or business relations. The contractor’s performance in selecting, retaining, supporting and replacing key personnel, when necessary, will be evaluated. Examples include:

A. How well did the contractor match the qualifications of the key position, as described in the contract/order, with the person who filled the key position?

B. Did the contractor support key personnel so they were able to work effectively?

C. If a key person did not perform well, what action was taken by the contractor to correct this?

D. If a replacement of a key person was necessary, did the replacement meet or exceed the qualifications of the position as described in the contract/order schedule?

5. Regulatory Compliance. The Contractor’s compliance with all terms and conditions in the contract/order relating to applicable regulations and codes will be evaluated. Examples include:

A. Has the contractor complied with all contract clause requirements?

B. Has the contractor complied with the reporting requirements of the contract?

C. Has the contractor complied with the quality assurance surveillance plan?

D. Has the contractor complied with specifications or other contractual requirements in the contract such as FAPIIS reporting, CAS reporting, safety requirements, environmental reporting, and standard and unique contract requirements specific to that contract?

6. Other Areas. As applicable in those instances where an aspect of the contractor's performance does not fit into any of the other criteria (e.g., late or nonpayment to subcontractors, trafficking violations, tax delinquency, failure to report in accordance with contract terms and conditions, defective cost or pricing data, terminations, suspension and debarments).

F.6 KEY PERSONNEL

(a) The key personnel that the Contractor must furnish for the performance of this contract are as follows:

Name/Position Title: TBD

Name/Position Title: TBD

Name/Position Title: TBD

(b) The key personnel specified above 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 Contracting Officer.

F.7 AIDAR 752.7005 SUBMISSION REQUIREMENTS FOR DEVELOPMENT

EXPERIENCE DOCUMENTS (SEP 2013)

(a) Contract Reports and…