72066821Q00032 RC Internet Upgrade 4.7.2021 (1).pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

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8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

72066821Q00032

Michael Loro See RFQ

USAID/South Sudan US Embassy, Kololo Road, Juba, South Sudan

720668 USAID/South Sudan/OAA

USAID/South Sudan c/o US Embassy Juba, South Sudan

1 Provision of services per statement of work at 200Mb/s 15 1 2 Option - Provision of services at 300Mb/s 15 1

05/10/2021 1500 Local

720668

USAID/South Sudan 4420 Jubal Place Washington, DC 20251-4420

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

DESCRIPTION

The United States Agency for International Development (USAID) in South Sudan requires the services of an Internet Service Provider (ISP) to provide dedicated fiber-based internet service as a primary link to its USAID Network in the Residential Compound (RC), in Juba, South Sudan.

The requested service must have an adequate redundancy at critical network points and at all other necessary levels to ensure uninterruptible, reliable, dedicated Internet service and operations at all times. The contractor must provide internet services and dedicated leased line channel and circuitry for connecting the USAID Residential Compound, in Juba, South Sudan.

After award, the contractor must seek to understand the current cabling network infrastructure and telecommunications at USAID RC by carrying out the necessary physical and communications survey at the USAID RC.

The contractor must provide 24/7/365 service support and access to a 24-hour support center.

The contractor must also provide any required hardware, IP addresses, telecommunications applications or software upgrade including any licenses that may be required to keep the service operational.

After the service has been commissioned (defined as acceptance of installation and a determination that the required bandwidth is to be provided within 30 days of contract award by the COR), the contractor must bear any installation costs that may be required to keep the quality of the service acceptable to USAID. Furthermore, the contractor must be responsible for additional costs arising from technical modifications, change of internet provisioning technologies or change in agreements of the contractor and its partners.

REQUIRED SERVICES

1. Service: USAID RC Internet Circuit (fiber)

2. Location: USAID South Sudan, Residential Compound /o U.S. Embassy, Juba, South Sudan

3. Service Name: USAID South Sudan Residential Compound Internet Circuit

4. Type of Service: Dedicated Internet Channel (fiber)

5. The routing path of this Internet link must be through a point of presence in the United States of America.

6. Main circuit of 200 Mbps downstream and 200 Mbps upstream is needed up to the telecom/demarcation room where the ISP will install its equipment, including router(s) with its own subnet.

7. Option Line Item: In accordance with Federal Acquisition Regulation 52.217-7, USAID may order an increased quantity of bandwidth to a minimum of 300 Mbps downstream and 300 Mbps upstream.

Network Identification

The leased/dedicated link will be dedicated to the USAID Residential Compound Network with a bandwidth of 200 Mbps downstream and 200 Mbps upstream. The following subnets must be provided by the contractor for USAID:

1. The contractor must provide two blocks of public internet IP addresses for Internet services at the primary and secondary links.

2. The contractor must provide the following subnets for the Primary link and backup link: ISP to USAID POP router X.X.X.X/32, USAID POP router to USAID LAN X.X.X.X/29 or X.X.X.X/28.

3. The contractor must allow all USAID-related traffic such as SSH, CRYPTO, etc.

Network Devices

The contractor must provide the customer premises equipment including Cisco routers and other telecommunications equipment that will provide Ethernet network service to the USAID point of presence (POP) router. The network devices must comply with the following characteristics:

1. Services provided by the contractor must be delivered with RJ-45 interface connectors with a 100/1000 baseT interface.

2. The contractor must provide routers and Data media converters or transmission devices in all cases.

3. Power standard sources must be dual voltage (110v/60hz and 220v/50hz) Devices must be Rack mountable in a standard Commercial off-the-shelf (COTS) rack.

4. One separate or individual physical interface connector is required per service

Service Support, Monitoring and Contingencies

1. The contractor must warrant service support on site if necessary 24X7X365, services must be coordinated directly with the Contracting Officer’s Representative (COR).

2. Internet service availability and reliability must be at minimum 99.98%.

3. The contractor must install primary and backup equipment at the Residential Compound to support the USAID RC Internet circuit leased line.

4. The contractor must have direct connection capability with major United States of America (U.S.A) telecommunication providers (ISPs) at Internet tier 1 level, having alternative line channels or backups in case of main Internet path malfunction.

5. The contractor must provide online web access to the COR to view and monitor real time data traffic analysis graphs capabilities. Graphs must retain traffic history behavior for at least one year.

6. The contractor must provide point of contacts (POCs) for both technical and non-technical issues in order to promptly coordinate resolution during initial installation process, and post-commissioning of the service, throughout the contract.

7. The contractor must provide the required bulk Internet service through industry standard telecommunications protocols provisioned by infrastructure that guarantees bandwidth delivery;

any channel equipment and software used must meet approved local telecommunications regulatory requirements.

8. The contractor must service and test any back up communications link at the contractor’s cost including any access circuit charges that may be necessary for the provision of this service.

USAID will use various telecommunications tools including commercial web-based speed measurement tools to perform on the spot, real time, Internet speed measurements.

9. The contractor must provide any test tools that may include hardware or software components, and a logon account for the COR and USAID IT team for real time monitoring of critical devices, services, traffic flow, latency and speeds.

Warranty The contractor must provide a twelve months warranty for any new equipment supplied under this contract. The warranty must cover maintenance, repair and/or replacement of any failing aspects of the new components of this installation.

Inspection and Acceptance The USAID COR will receive, inspect and certify any equipment including documentation, configurations and copies of all software.

Period of Performance The contractor shall commence work immediately upon effective date the contract for 15 months from the date of commissioning.

Payment Payment shall be made monthly upon receipt of a proper invoice. The payment shall be a proportional amount of the contract price for the provision of internet for that month (i.e. one-fifteenth of the contract price).

CONTRACT CLAUSES

52.202-1 Definitions. (JUN 2020) 52.203-5 Covenant Against Contingent Fees. (MAY 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government. (JUN 2020) 52.203-7 Anti- Kickback Procedures. (JUN 2020) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. (JUN 2020) 52.217-7 Option for Increased Quantity – Separately Priced Line Item (MAR 1989) 52.222-50 Combating Trafficking in Persons. (JAN 2019) 52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving. (JUN 2020) 52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008) 52.232-1 Payments. (APR 1984) 52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) 52.244-6 Subcontracts for Commercial Items. (JUN 2020) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019)

(a) Definitions. As used in this clause-

Covered foreign country means The People's Republic of China. Covered telecommunications equipment or services means-

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means-

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology;

or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub.L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in Federal Acquisition Regulation 4.2104.

(c) Exceptions. This clause does not prohibit contractors from providing-

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement. (1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended.

In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items. (End of clause)

INSTRUCTIONS FOR SUBMITTING A QUOTE AND EVALUATION FACTORS

Quoters must submit quotes via email to mcapobianco@usaid.gov and mloro@usaid.gov.

Quoters must submit the following documentation as part of the quote:

Technical Proposal:

Technical approach of how the quoter will provide the required services starting no later than 30 days after contract award. The quoter must provide details and professional qualifications of all personnel who will carry out the installation, commissioning and operation the service, additionally the contractor must articulate the operations of their help desk, ensuring that escalation procedures are well-defined. The quoter shall clearly articulate how their 24 X 7 network operations center would work in meeting USAID’s high availability network requirements. This is limited to five pages.

Cost Proposal:

The quoter must submit the cover page of this solicitation [Standard Form (SF) 1449, Solicitation, Offeror, and Award”] with blocks 28 through 30 completed as well as providing the price for services as described in this solicitation, including pricing for the optional line item.

The quoter must also submit the completed representations and certifications (see below) as applicable. Quotes are due no later than 1500 local Juba time on May 10, 2021.

1. This RFQ will utilize a trade-off process. USAID may award the contract to a quoter with a higher price, provided the non-price factor merits the additional price.

2/ For overall evaluation purposes of this RFQ the non-price factor is considered more important than the price factor.

3. The Government may award a contract without discussions with quoters.

Provisions:

52.233-2 Service of Protest. (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from [Contracting Officer designate the official or location where a protest may be served on the Contracting Officer].

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of provision)

Representations, Certifications, and Other Statements of Bidders

52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014)

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. (JUN 2020)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (OCT 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It __ will, __ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It __ does, __does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number;

and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number;

and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided;

and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-26 Covered Telecommunications Equipment or Services-Representation (OCT 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(c)

(1) Representation. The Offeror represents that it __ does, __ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it __ does, __ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

Waivers under FAR Part 4.2101 Prohibition On Covered Telecommunications And Video Surveillance Services and Equipment

(a) This solicitation and any resultant award(s) is subject to the requirements of section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019 (Pub. L. 115–232) as implemented through FAR 52.204-24 and FAR 52.204-25 of this solicitation.

(b) Waivers.

(1) The submission of an offer where the Offeror makes a representation at paragraph (d)(2) of the provision at FAR 52.204–24 that it “does” use covered telecommunications equipment or services will mean the Offeror is seeking a waiver.

As part of the disclosure requirements under the provision FAR 52.204–24 submitted as part of the offer, the Offeror/Contractor must describe the circumstances (including in-country circumstances) where the Offeror/Contractor uses covered technology. This must include an identification of whether the covered technology is provided by communications service-providers, such as internet, cell phone, landline or others; the specific country where it is used;

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

(2) USAID does not guarantee that waiver requests from such an offeror will be considered;

USAID may make an award to an offeror that does not require a waiver. Where agency needs do not permit time to obtain a waiver, USAID may move forward and make an award to an offeror that does not require a waiver. Per FAR 4.21, USAID will not make an award to an offeror(s) that does not receive the approved waiver.

(3) Where USAID decides to initiate the formal Agency waiver process:

(i) The CO will require the apparently successful offeror(s) to submit the information in paragraph (4) of this section. Alternately, offerors may provide the information with their initial proposal, at their discretion. Offerors must appropriately mark the appropriate portions of their submission as Proprietary Data where applicable.

(ii) For Indefinite Delivery contracts under (48 CFR) FAR subpart 16.5, waiver requests will be addressed prior to award of the basic contract.

(iii) In the event that the waiver is not approved, the Contracting Officer will notify the offeror.

(4) Additional submission requirements:

(i) A compelling justification for the additional time to implement the requirements under 889(a)(1)(B). The justification must:

a. State the amount of additional time requested to meet the requirements of the statute (No Agency waiver will be authorized to extend beyond August 13, 2022); and

b. Provide an explanation supporting the requested time period, to include the time required to implement the Phase out Plan described below.

(ii) A full and complete laydown of the presences of covered telecommunications or video surveillance equipment or services in the entity’s supply chain to include:

a. Complete technical design documentation of where, how, and what covered equipment or services are being used by the Offeror;

b. Technical architecture diagram of where the covered technologies are being used (for the system, equipment, service); and

c. Description of how the covered technologies are being used, how often the covered technology is used by the Offeror, and what data traverses the technology.

(iii) A Phase-Out Plan for eliminating the covered equipment or services from the Offeror’s systems, including the covered equipment or services identified in the laydown. The Plan must include:

a. Description of how the Offeror will eliminate all covered equipment or services by the date specified in (4)(i)(b) above;

b. When applicable, milestones and timeframes for providing updates to the COR on the Phase-Out Plan implementation;

c. Identification of other available options;

i. Replacement of covered equipment and systems, as applicable;

Ii. Accessibility of the alternative equipment and systems, as applicable; and

iii. In the case of covered services, the proposed use and availability of other service provider(s) without the covered technologies in the supply chain.

(iv) Pending waiver requests/Approved waivers:

a. Pending - Solicitation Number/title/Issuing Office (Mission or USAID/W) of those offers where the CO has requested the information under this provision.

b. Approved Waivers - Award number/title/Issuing Office (Mission or USAID/W)