Amendment 3 Trade Facilitation Activity .pdf

TABLE OF CONTENTS

PART I – THE SCHEDULE 6

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS 6

B.1 PURPOSE 6

B.2 CONTRACT TYPE AND SERVICES 6

B.3 ESTIMATED COST, FIXED FEE, AND OBLIGATED AMOUNT 6

B.4 COST PLUS FIXED FEE BUDGET 6

B.5 REIMBURSEMENT OF COSTS 7

B.6 PAYMENT OF FIXED FEE 7

B.7 INDIRECT COSTS 7

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK 9

C.1 INTRODUCTION 9

C.2 BACKGROUND 9

C.3 OBJECTIVES 10

C.4 IMPLEMENTATION PARAMETERS OR REQUIREMENTS 13

SECTION D – MARKING AND BRANDING 17

D.1 AIDAR 752.7009 MARKING (JAN 1993) 17

D.2 AIDAR 752.7034 ACKNOWLEDGEMENT AND DISCLAIMER (DEC 1991) 17

D.3 BRANDING STRATEGY 18

D.4 BRANDING AND MARKING POLICY 20

D5. MARKING PLAN 21

SECTION E - INSPECTION AND ACCEPTANCE 22

E.2 INSPECTION AND ACCEPTANCE 22

E.3 PERFORMANCE STANDARDS 22

SECTION F DELIVERIES OR PERFORMANCE 23

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 23

F.2 PERIOD OF PERFORMANCE 23

F.3 PLACE OF PERFORMANCE 23

F.4 KEY PERSONNEL 23

SECTION G - CONTRACT ADMINISTRATION DATA 34

G.1 ADMINISTRATIVE CONTRACTING OFFICE 34

G.2 CONTRACTING OFFICER’S AUTHORITY 34

G.3 CONTRACTING OFFICER’S REPRESENTATIVE 34

G.4 TECHNICAL DIRECTION 34

G.5 ACCEPTANCE AND APPROVAL 34

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G.6 PAYING OFFICE 34

G.7 AIDAR 752.7003 DOCUMENTATION FOR PAYMENT (NOV 1998) 35

G.8 ADMINISTRATIVE CONTRACTING OFFICE 36

G.9 ACCOUNTING AND APPROPRIATION DATA 36

SECTION H – SPECIAL CONTRACT REQUIREMENTS 38

H.1 FOREIGN GOVERNMENT DELEGATIONS TO INTERNATIONAL CONFERENCES (JAN 2002) 38

H.2 DEFENSE BASE ACT (DBA) INSURANCE FOR 2015-2020 38

H.3 AUTHORIZED GEOGRAPHIC CODE 40

H.4 ADMINISTRATIVE AND LOGISTIC SUPPORT 40

H.5 REQUESTS FOR CONSENT TO SUBCONTRACT 41

H.6 LANGUAGE REQUIREMENTS 41

H.7 CONFIDENTIALITY AND OWNERSHIP OF INTELLECTUAL PROPERTY 41

H.8 AAPD 16-02 REVISION 2 (R2) LIMITATION ON ACQUISITION OF INFORMATION TECHNOLOGY (APRIL 2018) (DEVIATION NOs. M/OAA-DEV-FAR-20-3c and M/OAA-DEV-AIDAR-20-2c) (APRIL 2020) 42

H.9 FAR PART 4.21 PROHIBITION ON CONTRACTING FOR CERTAIN COVERED 42

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (SECTION 889) (JANUARY 2021) 42

H.10 PROCUREMENT OF “COVERED MATERIAL 43

H.11 ADS 302.3.5.19 USAID-FINANCED THIRD-PARTY WEB SITES (Aug 2019) 44

H.12 ENVIRONMENTAL COMPLIANCE 45

H.14 ADDITIONAL REQUIREMENTS CONCERNING CONTRACTOR PERSONNEL 47

H.15 USAID IMPLEMENTING PARTNER NOTICES (IPN) FOR ACQUISITION (JULY 2014) 48

H.16 ADS 302.3.5.21 SUBMISSION OF DATASETS TO THE DEVELOPMENT DATA LIBRARY (DDL) (OCT 2014) 49

H.17 AIDAR 752.7005 SUBMISSION REQUIREMENTS FOR DEVELOPMENT EXPERIENCE DOCUMENTS 51

(Sep 2013) 51

H.18 EXECUTIVE ORDER ON TERRORISM FINANCING (FEB 2002) 52

H.19 PROHIBITION OF ASSISTANCE TO DRUG TRAFFICKERS 52

H.20 EXCHANGE VISITORS AND TRAINING 52

H.21 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JULY 2007) 53

H.22 HOMELAND SECURITY PRESIDENTIAL DIRECTIVE-12 (HSPD-12) (SEPTEMBER 2006) 54

PART II – CONTRACT CLAUSES 56

SECTION I – CONTRACT CLAUSES 56

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 56

I.2 AIDAR 752.252-2 AIDAR SOLICITATION CLAUSES INCORPORATED BY REFERENCE (Mach 2015 ) 58

I.3 FAR 52.204-1 APPROVAL OF CONTRACT (DEC 1989) 59

I.4 FAR 52.243-7 NOTIFICATION OF CHANGES (Jan 2017) 59 Page 3 |98

I.5 FAR 52.247-67 SUBMISSION OF TRANSPORTATION DOCUMENTS FOR AUDIT (Feb 2006) 61

I.6 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2021) 61

I.7 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) 63

I.8 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) 63

I.9 AIDAR 752.222-70 USAID DISABILITY POLICY (DEC 2004) 63

I.10 AIDAR 752.242-70, PERIODIC PROGRESS REPORTS (Oct 2007) 64

I.11 752.225-70 SOURCE AND NATIONALITY REQUIREMENTS (Feb 2012) 64

I.12 752.7032 INTERNATIONAL TRAVEL APPROVALS AND NOTIFICATION REQUIREMENTS (APR 2014) 65

I.13 52.245-1 GOVERNMENT PROPERTY (SEPT 2021) 65

I.14 AIDAR 752.229-71, REPORTING OF FOREIGN TAXES (JULY 2007) 67

I.15 AIDAR 752.231-72 CONFERENCE PLANNING AND REQUIRED APPROVALS (AUG 2013) (DEVIATION APR 2020) 68

I.16 752.7013 CONTRACTOR-MISSION RELATIONSHIPS (JUNE 2018) (DEVIATION JUNE 2018) 70

PART III—LIST OF DOCUMENTS, EXHIBITS, AND OTHER 72

SECTION J - DOCUMENT, EXHIBITS AND OTHER ATTACHMENTS 72

SECTION K – REPRESENTATION, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS 73

K.1 FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (March 2023) 73

K.2 AUTHORIZED NEGOTIATORS 76

K.3 AGREEMENT ON, OR EXCEPTIONS TO, TERMS AND CONDITIONS 76

K.4 FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE OR EQUIPMENT (Nov 2021) 76

K.5 FAR 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES REPRESENTATION (Oct 2020) 79

K.6 FAR 209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (Aug 2020) 79

K.7 FAR 209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (Oct 2018) 81

K.8 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR 82

A FELONY CONVICTION UNDER ANY FEDERAL LAW (Feb 2016) 82

K.9 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS CERTIFICATION (June 2021) 82

K.11 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (Apr 1984) 84

K.12 INSURANCE – IMMUNITY FROM TORT LIABILITY 84

K.13 52.230-7 PROPOSAL DISCLOSURE--COST ACCOUNTING PRACTICE CHANGES (Apr 2005) 84

K.14 52.215-6 PLACE OF PERFORMANCE (Oct 1997) 85

K.15 SIGNATURE 85

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS 86

L.1 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) 86

L.2 52.216-1 TYPE OF CONTRACT (APR 1984) 86

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L.3 FAR 52.233-2 SERVICE OF PROTEST (SEP 2006) 86

L.4 GENERAL INSTRUCTIONS TO OFFERORS 87

L.5 EMAIL SUBMISSION PROCEDURES 88

L.6 PHASE 1: CONCEPT NOTE 88

L.6.1 Phase 1 Notification to Offeror: Competitiveness of Offer Based on Concept Note 89

L.7 PHASE 2: ORAL PRESENTATION 90

L.8 INSTRUCTIONS FOR THE PREPARATION OF THE BUSINESS VOLUME 92

L.9 WAIVERS UNDER FAR PART 4.2101 PROHIBITION ON COVERED TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES AND EQUIPMENT (AUG 13, 2020) 95

L.10 REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS 97

SECTION M - EVALUATION FACTORS FOR AWARD 98

M.1 GENERAL INFORMATION 98

M.2 AWARD PROCESS 98

M.3 TECHNICAL EVALUATION FACTORS: 99

M.4 EVALUATION OF CONTRACTOR PERFORMANCE 100

M.5 DETERMINATION OF COMPETITIVE RANGE 101

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PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PURPOSE

The purpose of this contract is to provide services that fall within the Scope of Work (SOW) specified in Section C for USAID/Rwanda Trade Facilitation Activity (RTFA).

B.2 CONTRACT TYPE AND SERVICES

This is a Cost-Plus-Fixed-Fee (CPFF) completion type contract. For the consideration set forth below, the offeror must provide the results and deliverables required in Section C and Section F of this contract.

B.3 ESTIMATED COST, FIXED FEE, AND OBLIGATED AMOUNT

1) The estimated cost for the performance of the work required hereunder, exclusive of fixed fee, if any, is to be determined [$TBD]. The fixed fee, if any, is [$TBD]. The estimated cost-plus-fixed-fee, if any, is [$TBD].

2) Within the estimated cost-plus fixed fee (if any) specified in paragraph B.3(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 in accordance with the Limitation of Funds Clause, FAR 52.232.22.

3) Funds obligated hereunder are anticipated to be enough through [TBD].

B.4 COST PLUS FIXED FEE BUDGET

CLIN Cost Element Amount Unit Amount

001 Direct Costs*

002 Indirect Costs

003 Fixed Fee**

Total Estimated Cost Plus Fixed Fee

*Includes labor, fringe benefits, allowances, travel, equipment, supplies, subcontracts, and other direct costs.

**This represents the overall amount of fixed fee for the life of the contract.

(a) The inclusion of any costs in the budget does not obviate the requirement for prior approval by the Contracting Officer (“CO”) 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”); nor, does it constitute a determination of allowability by the CO of any item of cost, unless specifically stated elsewhere in this contract.

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(b) The Contractor must not adjust the above line items without a written modification signed by the CO.

(c) The Contractor must not incur any costs against this Contract in excess of the amounts specified for each line item without the CO’s prior authorization.

(d) The Contractor agrees to furnish data that the CO may request on costs expended or accrued under this contract.

B.5 REIMBURSEMENT OF COSTS

(a) Allowable costs shall be limited to reasonable, allocable, and necessary costs determined in accordance with FAR clause 52.216-7, Allowable Cost and Payment and AIDAR clause 752.7003, Documentation for Payment.

B.6 PAYMENT OF FIXED FEE

USAID will pay a proportion of the Contractor’s fixed fee each quarter pursuant to FAR § 52.216-8, “Fixed Fee,” upon the receipt of an acceptable invoice. Contractor will, unless otherwise directed, submit confirmation of delivery of specific deliverable(s) or result(s) in its Quarterly Progress Report.

Payment for associated fee will be included in the invoice for the month of Quarterly Progress Report.

USAID acceptance of the associated Quarterly Progress Report will constitute approval of the deliverable(s) or result(s) and the associated fee. In the event the Contractor does not submit the required deliverables or achieve the required results at the conclusion of the period of performance, the CO will adjust the fixed fee proportionately to the deliverables and results accepted.

B.7 MULTI-YEAR CONTRACT

USAID considers this Contract non-severable. Therefore, as a multi-year contract as defined in FAR § 17.103, it remains subject to the requirements contained in FAR § 17.106. However, as a cost -reimbursement Contract, USAID will authorize the reimbursement for all allowable costs incurred by the Contractor pursuant to FAR § 52.216-7, “Allowable Costs and Payment.” As a result, the Contractor will not incur any costs that require amortization over the Contract’s period of performance in the event that the CO cancels the Contract pursuant to FAR § 52.217-2. Thus, $0 will serve as the cancellation ceiling for each cancellation date. Accordingly, no requirement to include cancellation dates in the Contract exists.

B.7 INDIRECT COSTS

For the Prime Contractor

Pending establishment of revised provisional or final indirect cost rates, allowable indirect costs shall 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/

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1/ Base of Application:

Type of Rate:

Period:

2/ Base of Application:

Type of Rate:

Period:

[END OF SECTION B]

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SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 INTRODUCTION

USAID/Rwanda’s Economic Growth Office intends to support the efforts of the Government of Rwanda (“GoR”) to contribute to creating a trade-enabling environment through identifying and reducing non-tariff barriers to trade, strengthening soft infrastructure, and building more transparency and efficiency into the trade regulatory system.

In congruence with USAID/Rwanda’s Country Development Cooperation Strategy (“CDCS”) 2020- 2025, the Feed the Future Rwanda Trade Facilitation (FTF-RTF) activity contributes to achieving Development Objective 3, specifically the intermediate results 3.1: Enabling environment for private sector strengthened and 3.2.3: Expanded access and responsiveness to markets.

This contract aligns with the Government of Rwanda’s (GoR) National Strategy for Transformation (NST1) and the Vision 2050, where the GoR is committed to building a larger market that will foster cross-border and intra-Africa trade and strengthen the region and continent by harmonizing trade facilitation policies and practices to ease movement of goods from Rwanda to different market destinations. Both strategies acknowledge the importance of international trade to its continued economic development, and it commits to expanding regional and global trade connections.

This Contract will also support U.S. foreign policy goals of expanding opportunities for American businesses in the region, and is aligned with the U.S. Embassy's Integrated Country Strategy Mission Goal Three: increasing economic growth and strengthening human capital.

The Contractor will ensure collaboration with other development partners in the trade facilitation space, including the Foreign, Commonwealth & Development Office (FCDO) of the United Kingdom, The World Bank, the German development agency (GIZ), the Kingdom of Netherlands, and the European Union

(EU).

C.2 BACKGROUND

C.2.1 General Background Information and Country Context

Rwanda is a small but growing market, with a population of nearly 13 million people and a Gross Domestic Product (GDP, Current) of $10.354 billion, according to the World Bank. Before the COVID-19 pandemic, Rwanda enjoyed strong economic growth, averaging over seven percent GDP growth annually over the last two decades. The Rwandan economy grew more than nine percent in 2019.

All international trade is conducted by air or road from the ports of Mombasa in Kenya or Dar es Salaam in Tanzania. Air transport is expensive, and the long road transit from these distant ports is encumbered by frequent delays, numerous weigh points, and high costs. These constraints are relevant for agricultural imports, such as fertilizers and seeds, which are often bulky or heavy and have a relatively low value. Rwanda clearing agents do not have direct access to these ports and need to work through a third party, which adds to the risk and high cost of trade. In addition, Non-Tariff Barriers to trade (NTBs) add to high transportation costs and are seen as a larger barrier to trade in East Africa than tariffs and other direct costs. NTBs include long administrative procedures, technical regulations, lack of

Page 9 |98 coordination among trade facilitation agencies, restriction to use private bonded warehouses, high cost of import permits for food products, and the violation of agreed rules of origin.

C.2.2 Development Challenges

C.2.1.1 Trade Facilitation Challenges

Rwanda is landlocked and has no links to regional railway networks, most imports and exports are shipped by road from the ports of Mombasa (Kenya) and Dar es Salaam (Tanzania), a distance up to 1,500 km. Commercial traffic to and from the ports is subject to frequent delays, numerous weigh points and high transportation costs. These hindrances can cause unpredictable delays when importing or exporting goods into the country. Coordination among trade facilitation institutions is still a challenge in Rwanda, where different scattered GoR agencies have cumbersome requirements for companies involved in international trade. Trade facilitation services are currently assumed by various institutions including the Ministry of Trade and Industry (MINICOM), the Rwanda Development Board (RDB), the Rwanda Revenue Authority (RRA), Rwanda Standards Board (RSB), Rwanda Inspectorate, Competition and Consumer Protection Authority (RICA), the Rwanda Food and Drugs Authority (RFDA) among others, these remain poorly coordinated, and are always changing mandates which disrupts the private sector firms engaged in International Trade. For example, RICA, RSB and RFDA all have mandates to ensure product quality and safety of consumers, however, their mandates overlap and sometimes duplicate roles which greatly affect cross-border traders who have to comply with multiple regulations. The FTF-RTF activity must work to improve coordination among the different public entities involved in the goods’ inspection and clearing process, conduct trade regulatory agencies mapping where Standard Operating Procedures (SOP) overlap and to rationalize/harmonize the SOPs, to ensure that each agency will retain its regulatory obligations.

C.2.1.2 Non-tariff barriers (NTBs)

NTBs add to high transportation costs and are seen as a larger barrier to trade in East Africa than tariffs and other direct costs. NTBs include corruption as well as long administrative procedures, technical regulations, lack of coordination among trade facilitation agencies, restriction to use private bonded warehouses, high cost of import permits for food products, and the violation of agreed rules of origin.

One NTB relevant to agricultural products are non-harmonized sanitary and phytosanitary (SPS) requirements, which involve the application of food safety and animal and plant health regulations. As an example, Tanzania requires compliance to its specific national SPS standards for some agricultural imports, even though the country has agreed to the harmonized East African Community (EAC) SPS standards of 2016; meaning Rwandan exporters are required to comply with the harmonized EAC SPS standards as well as the specific requirements to Tanzania. Thus, the new FTF-RTF activity must continue to facilitate and support to the country’s trade facilitation committee engagement and negotiation with its counterparts in the EAC region on raised NTBs and to strengthen access by the traders to NTB reporting systems to ensure timely and effective way of dealing with reported NTBs.

C.3 OBJECTIVES

The contract’s overarching goal is to reduce the time and cost of trading across borders from and to Rwanda.

C.3.1 Expected Target Goals:

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1. Cost of trade reduced by at least 10% in total costs associated with cross border trade procedures.

These include compliance to border procedures, cost of obtaining, preparing, and submitting documents during port or border cargo handling, customs clearance and inspection procedures.

2. Time needed to import, export and transit goods through Rwanda customs or inland ports reduced by at least 30%. The time for border compliance includes time for obtaining, preparing, and submitting documents during inland port or border handling, customs clearance, and inspection procedures.

To accomplish these goals, the contract has two objectives:

Objective 1: Reduce NTBs to trade through developing and implementation of NTB elimination strategy.

Expected Target Results:

● At least 15 NTBs are removed as a result of activity assistance,

● At least 5 new or adapted trade enabling environment policies analyzed, consulted on, drafted or revised, and and If approved, implemented with USG assistance,

● Hold at least 10 exporters and importers forums meetings to identify major NTBs.

Relevant Indicators:

● Average time (in hours) to export goods along trade corridor receiving USG assistance,

● Number of World Trade Organization (WTO) Trade Facilitation Agreement provisions supported by

USG assistance,

● Person hours of USG-supported training completed in trade and investment.

C.3.1.1 Deliverables for Objective 1:

The Contractor must provide the necessary technical assistance and guidance to improve the trade enabling environment in Rwanda.

● Prior to implementation of interventions, the Contractor must identify, prioritize, and analyze gaps in existing trade policies, guidelines and international trade procedures to facilitate reforms for improved trade competitiveness,

● Strengthen the institutional capacity of GoR institutions to modernize the regulatory and policy environment for international trade through capacity building for trade facilitation actors involved with NTB identification and reduction,

● Raising awareness of policy and process changes among affected traders,

● Improve coordination and communication among the different entities involved in the goods inspection and clearing process, both domestic and regional counterparts,

● Support trade facilitation institutions to participate in bilateral meetings with EAC, Common

Market for East and Southern Africa (COMESA) and African Continental Free Trade Area (AfCFTA) in advocating for the elimination of identified NTBs,

● Support the Rwandan government to negotiate a Mutual Recognition Agreement (MRA) between the Rwandan, Kenyan, and Tanzania customs agencies to grant Authorized Economic Operators (AEOs) from one country the same status in the other country.

FTF RTF activity interventions under this objective must respond to the following criteria:

● Facilitated national policies and strategies are harmonized with relevant trade regional policies, Page 11 |98

● Build on planned regional integration efforts, taking advantage of strides being made and planned efforts to harmonize agricultural trade related policies and standards,

● Generated evidence-based policy analysis supporting necessary subsequent reforms by GoR entities must be developed through the active participation of the relevant private sector organizations and GoR entities,

● Leverage and expand the use of strategic existing policy dialogue platforms to ensure active participation of the private sector and GoR entities to inform trade policy reforms.

Objective 2: Support GoR trade facilitation actors to automate service provision to traders and bolster a transparent trade regulatory system.

Expected Target result:

● Enhance the use of the Electronic Single Window system by automating all trade transactions procedures (export, & import and transit) to at least 100%,

● Reduce in border fees by a minimum of 10% and time to clear goods in customs reduced by a minimum of 30% from the baseline,

● Number of import, export and transit documentations reduced by at least 20%.

Relevant Indicators:

● Number of documents required to export/import goods across borders decreased as a result of USG assistance,

● Person hours of training completed in trade and investment capacity building supported by USG assistance,

● Number of days of USG supported technical assistance in trade and investment capacity provided to counterparts or stakeholders.

C.3.1.2 Deliverables for Objective 2:

The Contractor must provide the necessary technical assistance to ensure a paperless trade system fully utilized by the international trade community.

● Build the capacity of the users of the Electronic Single Window, including traders’ associations, clearing agents, Authorized Economic Operators (AEOs), and the RRA customs department to improve the efficiency in processing cargo through customs.

● Facilitate and support the development, update and publishing of the annual time release studies, which is a standardized way to identify inefficiencies in turnaround time of goods at ports.

FTF RTFA Interventions under this objective must respond to the following criteria:

● Within a defined timeline, the interventions intended to build institutional capacity of GoR entities including RDB, RICA, RFDA, RRA, the Ministry of Agriculture and Livestock (MINAGRI), etc., must demonstrate its direct linkage and immediate effects into targeted outcomes to reduce time and cost of trading.

● Capacity building interventions, including training modules for relevant GoR institutions shall be determined collaboratively with industry players and private sector associations involved in international trade.

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The Contractor must prioritize and integrate a market system led approach in the provision of technical assistance to improve trade regulatory environment by identifying critical activities that address customs clearance delays.

C.4 IMPLEMENTATION PARAMETERS OR REQUIREMENTS

C.4.1 Partnership with GoR

The Contractor must work closely with relevant GoR entities to ensure it is closely aligned with the Government’s NST and sector strategies and policies. The Contractor must collaborate with National Agriculture Export Development Board (NAEB), RDB, MINICOM, RFDA, RICA and MINAGRI.

The Contractor must build upon existing GoR and private sector trade facilitation platforms, while ensuring inclusive participation of women, youth, and persons with disabilities among the traders' association.

The Contractor must facilitate the transformation of these platforms towards financially self-sustainable and demand driven agendas that involve active participation of the private sector and be results oriented with measurable, long-lasting impacts on the field.

C.4.2 Collaboration with Other FTF USAID Activities

The Contractor must collaborate closely with other FTF activities in areas that correspond with achieving the activity’s objectives. The FTF activities and areas where the Contractor must collaborate are as follows:

The FTF RTF activity and FTF RTF activities have complementary technical scopes. The FTF RTF activity is dedicated to creating a trade-enabling environment through identifying and reducing non-tariff barriers to trade. On the other hand, USAID/Rwanda’s activity Kungahara Wagura Amasoko (KWA) focuses on policy reform aimed at facilitating increased agriculture exports and mobilizing private investments in the agricultural export industry. Thus, FTF RTF activity will work towards simplifying cross-border trade procedures for high value agriculture exporters, this will directly contribute to an increase of high value agricultural export value and volume which is one of KWA’s standard indicators.

The Contractor must learn and build upon the existing work by the USAID-funded FTF Modernizing Agriculture activity to identify and assess policy constraints to facilitate importation and exportation of agricultural inputs and machineries. The FTF RTF activity’s trade policy reforms will build on the efforts and complement work undertaken by the FTF Modernizing Agriculture activity to strengthen the enabling environment to foster market driven agriculture.

The Contractor must collaborate with the USAID FTF Employment and Entrepreneurship activity, to assess skills gap which exist in trade facilitation space and contribute to building a pool of trade facilitation experts with diverse skills ranging from exhort import food inspectors, clearing and forwarding agents.

The Contractor’s collaboration with the other FTF activities mentioned above will be supported by the USAID PROSPER Project Manager and the Contracting Officer’s Representative (COR) who will work to

Page 13 |98 facilitate an effective coordination structure that will inform work planning process and field interventions and foster learning.

C.4.3 Coordination with Other Related Donor and GoR Funded Activities

Donors such as the FCDO, the Kingdom of Netherlands Embassy, EU and GIZ are supporting GoR in a diverse range of trade facilitation projects. For example, FCDO is co-funding feasibility studies and construction of trade ports on the lake Kivu, GIZ supports GoR to participate in free trade negotiations in the areas of trade in goods and services, trade facilitation, as well as on the investment protocol.

The Contractor must facilitate strategic coordination with the above donors’ programs and with GoR projects for greater cohesiveness and leveraging of resources.

C.4.4 Engagement with the Private Sector

USAID/Rwanda has committed to collaborating with the private sector in alignment with the USAID Private Sector Engagement Policy published in December 2018. The Contractor must closely collaborate with and consult private sector actors in Rwanda to identify gaps in the trade facilitation systems and highlight priority areas for public-private cooperation for possible solutions.

C.4.5 Inclusive Implementation Approach

Given the activity’s objective in facilitating a trade policy reform agenda and the capacity development agenda of GoR agencies, the Contractor must integrate early on, starting in the inception phase, a collaborative and inclusive process of identifying and analyzing priority policy actions and planning of activity interventions with relevant government ministries and agencies, private sector and civil society organizations.

C.4.6 Target Beneficiaries

The FTF RTF activity will benefit the entire ecosystem of trade facilitation actors including the private sector companies involved in agricultural trade; the business associations and umbrella organizations and GoR entities that are tasked with facilitating trade like RRA, MINICOM, clearing and forwarding agents, MINAGRI, RICA and RFDA. The RTFA will benefit part of the agribusiness ecosystem, including the trading agribusinesses, transporters, distribution and logistics companies.

While farmers are not the direct targeted beneficiaries of the activity’s interventions, they will ultimately benefit from reduced trade costs and increased trade volume.

C.4.7 Cross-Cutting Considerations

C.4.7.1 Geographic focus

The FTF RTF activity has a nationwide scope and will work with trade facilitation institutions in the GoR and the private sector, including: the RRA, MINICOM, RFDA, MINAGRI, RICA, clearing and forwarding agents, importers, exporters, and others.

C.4.7.2 Sustainability

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Sustainability must be considered a top priority. Therefore, the Contractor must facilitate collaboration between GoR institutions under existing internal coordination platforms and ensure the sustainability plan on how the partner institution will sustain all IT solutions/platforms and other investments once the activity ends.

C.4.7.3 Local Capacity

In line with the Agency Localization Initiative, USAID/Rwanda emphasizes the importance of the utilization of local systems and organizations. The Contractor’s interventions must adequately prioritize and plan to deliver the majority of assistance through existing local or locally-based consultancy, Information Technology firms, business development service providers and/or local research organizations, while building their managerial capacity(ies) to ultimately enter into direct agreement with USAID/Rwanda and/or directly receive USAID-funding. Partnerships with local organizations, business management, trade law, information technology related firms must be used to the maximum extent practicable.

C.4.7.4 Gender Integration, Youth and Persons with Disabilities

The Contractor must ensure that women and men (over 29 years old), youth (between 15-29 years old) and persons with disabilities are equally eligible for technical assistance and other benefits provided under the activity. The Contractor must conduct a gender and social inclusion assessment of the opportunities and challenges faced by women, youth and persons with disabilities in regard to trade facilitation. The Contractor must build on the challenges identified and recommendations from this assessment to develop a comprehensive and practical gender and social inclusion strategy that will guide the contractor’s approaches and allocation of resources for effective integration of this part of the population into the interventions.

These approaches include ensuring and tracking active youth and women, including persons with disabilities’, representation within trade facilitations actors and participation in trade facilitation committees and advocacy efforts. In particular, the Contractor must collaborate with other FTF activities to facilitate linkages with private firms that ensure transfer of skills, knowledge and job opportunities with the youth, women, and persons with disabilities.

All data collected will be disaggregated by sex and age, and gender standard or custom indicators will be used where appropriate. To the extent possible and practical, disaggregation by persons with disabilities will be considered.

The Contractor must not seek to bias investment or support to women at the expense of men, but a gender and social inclusion integration strategy must be developed to ensure equality of access to interventions.

C.4.7.5 Digital information systems and tools integration

Where relevant, and as part of the technical assistance, the Contractor must work to integrate and undertake development of innovative, cost effective and flexible digital systems and tools needed to ensure strategic information flow within and between diverse relevant beneficiary entities for timely decision making. The mission is in the process of conducting Digital Ecosystem Country Assessment

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(DECA) to help USAID/Rwanda integrate digital development tools and approaches into existing activities and future activities. The Contractor must use to the extent possible outcomes from DECA to optimize integration of digital information systems and tools in the FTF RTF activity.

C.4.7.6 Collaboration, Learning and Adapting (CLA) strategy

The Contractor must liaise with the PROSPER Project Manager, or designate, and the COR to convene learning and information exchange meetings of USAID Feed the Future implementing partners, to inform USAID priority policy advocacy points and prioritization of agriculture trade related policies.

Starting in Year 2, the Contractor must include in its work plan annual coordination events “pause and reflect” sessions aimed at enhancing joint learning from activity implementation.

In addition, the Contractor must incorporate a learning and adapting approach that: a) generates, captures, shares, and applies information and knowledge to support and improve development outcomes; b) promotes collaborative learning and exchanges with relevant institutions, stakeholders, and development partners; and c) uses information to improve the cost-effectiveness of interventions over the life of the activity. The Contractor must build on lessons learned from current or existing FTF related activities that have demonstrated successful market system approaches and policy reforms facilitation to achieve the overarching goal of reducing time and cost of trade.

The Contractor must develop customized indicators, to be approved by the COR in the monitoring, evaluation, and learning plan, that demonstrate attribution and contribution of the activity towards the results of the FTF RTF activity and can be used to demonstrate to the GoR how the intervention is contributing to reducing time and cost of trade.

END OF SECTION C

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SECTION D – MARKING AND BRANDING

D.1 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 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.

(c) In accordance with (IAW) ADS 320.3.2.6, USAID’s Principal Officers have the authority to waive, in whole or in part, the Agency’s marking requirements.

(d) A copy of any specific marking instructions or waivers from marking requirements is to be sent to the Contracting Officer; the original should be retained by the Contractor.

D.2 AIDAR 752.7034 ACKNOWLEDGEMENT AND DISCLAIMER (DEC 1991)

a) USAID shall be prominently acknowledged in all publications, videos or other information/media products funded or partially funded through this contract, and the product shall state that the views expressed by the author(s) do not necessarily reflect those of USAID.

Acknowledgements should identify the sponsoring USAID Office and Bureau or Mission as well as the U.S. Agency for International Development substantially as follows:

“This (publication, video, or other information/media product (specify)) was made possible through support provided by the Office of , Bureau for , U.S. Agency for International Development, under the terms of Contract No. . The opinions expressed herein are those of the author(s) and do not necessarily reflect the views of the U.S. Agency for International Development.”

b) Unless the Contractor is instructed otherwise by the cognizant technical office, publications, videos or other information/media products funded under this contract and intended for general readership or other general use will be marked with the USAID logo and/or U.S. AGENCY FOR INTERNATIONAL DEVELOPMENT appearing either at the top or at the bottom of the front cover or, if more suitable, on the first inside title page for printed products, and in equivalent/appropriate location in videos or other information/media products. Logos and markings of co-sponsors or authorizing institutions should be similarly located and of similar size and appearance.

D.3 BRANDING STRATEGY

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The Contractor must develop a broad Branding Implementation Plan (“BIP”) and Marking Plan (“MP”) for the Contract to describe how it will brand the activity and mark the deliverables. The branding implementation plan for this contract, as specified in USAID ADS 320.3.2.1 must identify the following:

(a) Activity Name: The Activity will be known as the “Feed the Future Rwanda Trade Facilitation Activity” (RTFA). The activity will also use its Kinyarwanda name, which will be determined following the award in close cooperation with the COR. The Activity must use full branding— Feed the Future and USAID —on all materials and communications.

(b) How the contractor will communicate sponsorship (i.e. as “from the American people”), including the usage of logos and standard acknowledgement language. An example of acknowledgement language is “This project was made possible by the United States Agency for International Development and the generous support of the American People under the Feed the Future initiative.”

Feed the Future logo:

The Feed the Future logo consists of three parts: the Great Seal of the United States, text treatment, and tagline. These must always be used together in either the horizontal or vertical format

All Materials will include both the Feed the Future and USAID logos. For all communication material produced, Feed The Future logo will be placed on the top left, and USAID on the bottom left. The Feed the Future logo at the top must be of at least equal size and prominence to the USAID logo.

USAID Logo: The USAID logo must be posted at every static support position. The USAID Identity (logo and the message that the

Page 18 |98 assistance is from the American people) and Activity name must be used on all Activity reports, memoranda, printed materials and other Activity-related documents. Contractor employee business cards must be marked so that any person reading the card can know this is a contractor employee.

Contractor employee email and correspondence must be marked so that any person reading the document can know this is a contractor employee. Where required, the USAID logo must be of equal or greater prominence than all other logos and symbols. Any materials and communications produced by any subcontractor must follow USAID branding requirements as specified in (1) ADS 320 and (2) USAID’s Graphic Standards Manual.

Standard USAID Identity:

(c) Desired level of visibility: The Contractor must ensure that the Activity (as well as the fact that it is made possible by the American people through USAID) receive broad visibility not only among its beneficiaries and counterparts, but also among the general public in Rwanda. USAID’s experience in Africa demonstrates critical importance and multiple opportunities for public outreach through information dissemination.

In the case of events, training, or conferences related to market-based solutions that are put on by private sector lead firms, the Government of Rwanda and not directly by the Contractor or its subcontractors, a reduced branding and marking approach may be applied. This is to promote more visibility for the role of the private sector and private sector actors in leading these events.

However, this does not apply when an event, training or conference is being directly sponsored by the Contractor and its subcontractors.

(d) How to publicize the activity in the host country and a description of the communication tools the contractor will use. This will include key milestones or opportunities to generate awareness that the activity is from the American people.

(e) Other organizations to be acknowledged: No other organizations are required to be acknowledged. The presence of any logo or symbol belonging to the Contractor must conform to the policy in ADS 320 and is subject to negotiation.

(f) BIP and MP: The Contractor must follow the approved plan during implementation of the

Page 19 |98 contract unless a waiver or exception is requested and approved.

(g) Waivers: Waivers to Contract marking requirements may be granted per compliance with ADS 320.3.2.6.

(h) Exceptions: Exceptions to Contract marking requirements may be granted per the criteria described in ADS 320.3.2.5.

D.4 BRANDING AND MARKING POLICY

This Activity must be branded and marked in accordance with ADS 320 requirements for USAID direct contracting and USAID’s Feed the Future branding guidance. Agency policy requires that implementing partners provide a "Branding Implementation Plan," indicating how they propose to name and promote the USAID-funded programs, and a "Marking Plan," detailing Activity materials that will showcase the USAID-Feed the Future identity.

A well-defined Branding Implementation Plan describes how the Activity is named and positioned; how it is promoted and communicated to beneficiaries and Rwandan citizens; and how USAID and Feed the Future will be identified and acknowledged. The Branding Implementation Plan must describe a communication strategy which the Contractor must develop in close coordination with the USAID/Rwanda Development and Outreach Communications (DOC) Advisor.

The Branding Implementation Plan will articulate a multi-year plan for producing success stories and other communications materials that summarize the impact of the interventions through partner government and beneficiary-centered communications, drawing upon impactful visuals.

The Branding Implementation Plan will identify the resources, key audiences, messages, and communication channels.

While implementing the Branding Implementation and Marking Plans, the Contractor must seek timely approval from the COR for all public and media documents, speeches and event preparation forms as per the Mission’s communication procedures.

A well-defined Marking Plan details the public communications, commodities, and Activity materials and other items that will visibly bear the USAID and the Feed the Future identities.

The Marking Plan must discuss the treatment of anticipated deliverables/reports that the Contractor will mark, which may include, but are not limited to books and supplementary teaching and learning materials, training materials, commodities or equipment; printed, audio, visual or electronic public communications, studies, reports, publications, websites, and all promotional and informational products. Note that COR approval is subject to the prior concurrence of the Mission’s Development and Outreach Communications Advisor (“DOC”) and must be received before printing any materials which incorporate the USAID and/or Feed the Future identity. The Contractor must build in time for these procedures. All news releases/media alerts must be coordinated with the COR and DOC for approval.

The Contractor must comply with the requirements of USAID “Graphic Standards Manual” available at:www.usaid.gov/branding with the policies found at Automated Directives System (ADS) Chapter 320, or any successor branding policy and the Feed the Future Branding guidance. Prior to creation and development of any website, the Contractor must receive the approval of the Agency's Website Governance

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Board (WGB). The WGB, which is a part of the Agency's Management Operations Council, will review and approve all requests for new external facing websites. The following link is to request to redesign a site or create a new site at:https://sites.google.com/a/usaid.gov/usaid-gov/request-creation-of-new-website.

D5. MARKING PLAN

Contractor will develop and submit a Marking Plan to ensure the proper marking of all items in accordance with ADS 320. Marking Plan details all the public communications, commodities, program materials and other items that will bear the USAID and Feed the Future logos in a visible way. Where appropriate, contractors may add a host-country symbol or ministry logo, or another U.S. Government logo or that of another donor that is funding the project.

Both the Branding Implementation Plan and Marking Plan are subject to USAID-approved exceptions and waivers, as per ADS 320.

[END OF SECTION D]

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SECTION E - INSPECTION AND ACCEPTANCE

E.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE

This Contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full test. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: www.acquisition.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

NUMBER TITLE DATE

52.246-5 Inspection of Services – Cost Reimbursement APR 1984

E.2 INSPECTION AND ACCEPTANCE

USAID/Rwanda inspection and acceptance of services, reports and other required deliverables or outputs shall take place at USAID/Rwanda, or at any other location where the services are performed and reports and deliverables or outputs are produced or submitted. The CO has delegated authority to inspect and accept all services, reports, and required deliverables or outputs to the COR, designated in Section G of this Contract. The COR’s acceptance of services, reports, and other deliverables may form the basis for payments to the Contractor.

E.3 PERFORMANCE STANDARDS

USAID/Rwanda will evaluate the Contractor’s performance in accordance with FAR § 42.15, corresponding USAID procedures, and the contractor’s adherence to the annual work plan, reporting against its MEL Plan, and quality of reports described in Section F below. Evaluation of the Contractor’s overall performance will be conducted jointly by the Contracting Officer’s Representative (COR) and the Contracting Officer (CO) and shall form the basis of the Contractor’s permanent performance record regarding the contract. The Contractor’s performance will be documented annually in the Contractor Performance Assessment Reporting System (CPARS) and the Contractor will have the opportunity to review and respond to the documented feedback.

[END OF SECTION E]

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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 with the same force and effect as if they were given in full text. See http://acquisition.gov/far/index.html for electronic access to the full text of a clause.

NUMBER TITLE DATE

52.242-15 Stop Work Order AUG 1989

Alternate I (Apr 1984)

F.2 PERIOD OF PERFORMANCE

The period of performance for this contract will be four years from the effective date of award.

F.3 PLACE OF PERFORMANCE

The primary place of performance for this contract is Rwanda. The contractor will provide the necessary office space and all other logistic support necessary to perform work under this contract.

F.4 KEY PERSONNEL

(a) The Contractor must furnish two full-time positions deemed key personnel for the performance of this Contract.

No Key Personnel Position Individual

1 Chief of Party xxxxxxxxx

2 Trade Facilitation Expert xxxxxxxxx

(b) The Key Personnel identified above are considered essential to the work being performed under this Contract. The Contractor must remain responsible for providing such Key Personnel for full-time performance for the term of this Contract unless otherwise agreed to by the CO.

(c) The Contractor must make Key Personnel available within 30 days of USAID approval Contract award.

Approved expatriate staff, if any, should arrive in the country within 30 working days of the approval.

(d) The CO may consider the Contractor’s failure to provide the Key Personnel designated above nonperformance unless such failure exists beyond the control—and through no fault or negligence of the Contractor.

(e) The Contractor must immediately notify the CO and the COR of any Key Personnel’s departure and the reasons, therefore.

(f) The Contractor must take steps to immediately rectify the departure of Key Personnel and will propose a substitute candidate for each vacated position along with a budget impact statement in sufficient detail to

Page 23 |98 permit evaluation of the impact on this Contract.

(g) The Contractor must not replace any of the Key Personnel without the written consent of the COR whether provided in advance or by ratification. (h) USAID/Rwanda reserves the right to adjust the number of Key Personnel during the performance of this Contract; however, the Contractor must not provide more than five Key Personnel positions during contract performance.

F.4.1 Chief of Party

The Chief of Party (COP) serves as the primary point of contact with the USAID/Rwanda COR. The COP provides overall leadership and manages the Contractor’s efforts to achieve the activity results. The COP guides day-to-day implementation and management of the Contract to ensure timely, relevant, high quality services. The COP also has overall responsibility for assuring that all activity tasks are completed and the objectives of the Activity are successfully met.