BPA 72061220R00009 FINAL signed June 15.pdf

Solicitation Issuance Date: June 15, 2021

Questions Due Date: June 30, 2021, 4 pm Malawi time

Solicitation Close Date: July 20, 2021, 4 pm Malawi time

Solicitation Number: 72061220R00009

Subject: Blanket Purchase Agreement (BPA) for USAID/Malawi Implementing

Partner (including Host Government) Assessment, Audit and

Technical Assistance Activity

Dear Prospective Offerors:

The United States Agency for International Development (USAID) Mission in Malawi

(USAID/Malawi, is seeking offers from qualified firms and organizations interested in providing implementing partner assessment, audit, and technical assistance services for USAID/Malawi.

Detailed description of required services is provided in Section B of this solicitation.

USAID/Malawi will establish Blanket Purchase Agreements (BPA) with up to seven qualified selected organizations. A blanket agreement is a 5-year arrangement between a purchasing organization (in this case USAID/Malawi) with a service organization for the provision of services over a period based on predefined terms and conditions. A BPA is an agreement, not a contract.

Specified order quantities are placed on “Calls” under a funded order. It is only when an order with funds obligation has been executed, that a binding contract is created out of the BPA between the government and the Contractor or service provider. The combined value of all orders placed will not exceed $11.3M over the 5-year period. This BPA is not funded as such its establishment does not create a legal performance obligation on either party (USAID/Malawi and the BPA

Holder). Service Performance will be funded through Calls / Orders which shall subsequently be priced and funded with a specified performance period, subject to availability of funds. There is no minimum guarantee of work that will be offered to the Contractor.

The North American Industry Classification System (NAICS) code for this solicitation is 541990.

The authorized geographic code for this procurement is 937.

Interested organizations are invited to submit a detailed offer to allow USAID/Malawi to determine the organization’s performance and management capabilities, reasonableness, and realism of service cost to accomplish this activity. The services shall be provided on an as-needed basis.

USAID/Malawi intends to establish one or more Blanket Purchase Agreement(s) as a result of this solicitation.

Solicitation 72061220R00009

BPA, USAID/Malawi

The Offeror must propose service delivery costs that it believes are realistic and reasonable for the services described in each component. USAID/Malawi will evaluate the proposed cost as part of a best value determination.

USAID/Malawi intends to evaluate offers and establish BPAs to organizations whose offers are deemed to be in the best interest of the U.S Government (technical and cost wise) and may stablish these BPAs without discussions with the exception of circumstances requiring clarifications in accordance with federal acquisition regulations (FAR) 15.306(a). Therefore, the

Offeror’s initial offer must contain its best terms from a technical and cost standpoint. Discussions may be held if later the Contracting Officer deems they are necessary.

When established; as a multi-year instrument, the BPA shall be reviewed by the Contracting

Officer annually at least prior to the anniversary of the effective date and if necessary it shall be revised to conform to all mandatory requirements of statutes, executive orders, or federal acquisition regulations as updates may occur. Any revisions shall be incorporated into the agreement through written modification.

IMPORTANT NOTE:

BPA Holder and Contractor – The two words used interchangeably throughout this document – to mean the entity, organization or firm that will be selected for establishment of the Blanket Purchase

Agreement (BPA).

Offerors must thoroughly read this whole document and understand the key requirements and areas that guide formulation of a responsive proposal as well as generation of a realistic cost proposal.

Sections A to J of this document will, after negotiation, form the BPA. Section L provides instructions to Offerors and Section M provides Evaluation Criteria, or How USAID/Malawi will evaluate received offers and conduct selection of winners. After negotiations, Section L and M will be dropped – (will not be part of the agreement).

In order to receive an award, interested organizations must register with and obtain a Dun and

Bradstreet Numbering System (DUNS) number and must also be registered in the System for

Award Management (SAM) system.

Issuance of this solicitation does not constitute an award commitment on the part of the

Government, nor does it commit the Government to pay for costs incurred in the preparation or submission of the offer. Offers are submitted at the risk of the Offeror. All preparation and submission costs are at the Offeror's expense.

Sincerely, Dion Glisan

Contracting Officer

USAID/Malawi

TABLE OF CONTENTS

Section A: Solicitation/Contract Form ……………………………………………………,,,,,,,,,.6

Section B: Supplies or Services and Prices/Costs …………………………………………..,,,,,,.7

B.1 Title and Purpose…………………………………………………………………… 7

B.2 Blanket Purchase Agreement (BPA) Ceiling and Terms ………………...………….7

B.3 Period of Performance .....................................................……………………………7

B.4 Cost/Price Information................…………………………………………………….7

B.5 Budget and Budget Narrative ………………………………………………………..8

Section C: Description/Specifications/Statement of Work ……………………………………..10

Section D: Packaging and Marking …………………………………………………………….19

D.1 AIDAR 752.7009 Marking (Jan 1993) …………………………………………….19

D.2 Branding ……………………………………………………………………………19

Section E: Inspection and Acceptance ………………………………………………………….20

E.1 Inspection and Acceptance …………………………………………...…………….20

E.2 Quality Assurance Reviews ………………………………………………………...20

E.3 Acceptance of Delivered Services ………………………………………………….21

Section F: Deliveries or Performance …………………………………………………………..22

F.1 Applicable Provisions ………………………………………………………………22

F.2 Period of Performance ……………………………………………………………...22

F.3 Place of Performance ……………………………………………………………….22

F.4 The Ordering Process ………………………………………………………………22

F.5 Key Personnel and Management Leads …………………………………………….24

F.6 Deliverables and Required Reporting ………………………………………………24

F.7 Performance Standards ……………………………………………………………..26

Section G: Contract Administration Data ………………………………………………………29

G.1 Administering Contracting Officer and Appropriate Authority …………………...29

G.2 Contracting Officer’s Representative ……………………………………………...29

G.3 Payment Office …………………………………………………………………….29

G.4 Submission of Invoices …………………………………………………………….30

G.5 AIDAR 752.7003 Documentation for Payment (Nov 1998) ………………………30

G.6 Authorized Workday / Week ………………………………………………………31

G.7 Accounting and Appropriation Data ……………………………………………….31

Section H: Special Contract Requirements ……………………………………………………..32

H.1 Authorised Geographical Code …………………………………………………….32

H.2 Transaction Relationship …………………………………………………………...32

H.3 Confidentiality ……………………………………………………………………..32

H.4 Activity Support Logistics ………………………………………………………….32

H.5 752.228-3 Worker’s Compensation Insurance (Defense Base Act) ………….……32

H.6 7652.7032 International Travel Approval and Notification

Requirements (Apr 2014) ……………………………………………………….34

H.7 Electronic Payment System ………………………………………………………..35

H.8 Organizational Conflict of Interest………………………………………………

H.9 Duty and Tax Exemption

Section I: Contract Clauses ……………………………………………………………….…….38

I.1 Contract Clauses Incorporated by Reference ……………………………………….40

I.2 752.229-71 Reporting of Foreign Taxes (July 2007) ……………………………….40

I.3 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020) ……………………41

Section J: List of Attachments ………………………………………………………………….45

Section K: Representations, Certifications, and Other Statements of Offerings or Respondents …………………………………………………………………..46

K.1 52.204-8 Annual Representations and Certifications (March 2020) ………………46

K.2 52.209-5 Certification Regarding Responsibility Matters (October 2015) ………..46

K.3 Certifications Related to Use of Covered Technology …………………………….48

Section L: Instructions, Conditions, and Notices to Offerors or Respondents …………………49

L.1 Provisions Incorporated by Reference ……………………………………………..49

L.2 Guidance on Proposal Preparation and Submission ………………………………..49

L.3 Authority to Bind the Government …………………………………………………53

L4 Proposal Submission Instructions …………………………………………………..54

L.5 Preparation of Proposals ……………………………………………………………54

L.6 Technical Proposal ………………………………..…

L.7 Cost Proposal ...............................................…………………………

Section M: Evaluation Factors for Award ……………………………………………………...64

M.1 General – Proposal Evaluation ……………………………...……………………..64

M.2 Source Selection ………………………………………………………...............…64

M.3 Evaluation of Technical Proposals ……………………………………..............…64

M.4 Evaluation Criteria and Scale of Points …………………………………

M.5 Evaluation of Cost Proposals ……………………………………………

ATTACHMENTS

Certification Regarding Trafficking in Persons Compliance Plan ……….......……………….…67

SECTION A: SOLICITATION/CONTRACT FORM

(This section will be inserted at the time of the award, as each contract will be different, depending upon the components awarded)

SECTION B: SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 TITLE AND PURPOSE

This Blanket Purchase Agreement is established as an instrument for USAID/Malawi to obtain

Implementing Partner and Host Government Assessment, Audit, And Technical Assistance

Services as described in Section C – the Statement of Work (SOW).

B.2 BLANKET PURCHASE AGREEMENT (BPA) CEILING AND TERMS

The Purchase Agreement (BPA) is a master contracting document that is not funded. Its overall ceiling shall not exceed $1.3M against which Firm-Fixed Price Service Call Orders will be awarded. The BPA establishes price and labor rates as outlined in B.4 below. The awarded Service

Call will include a statement of work for specific work and state specific total fixed price for the

Call Order state specific deliverables and due dates.

Work or service delivery under BPA must be completed within the unit rates negotiated as outlined herein. Any expenses incurred more than the agreed upon rates or pricing in the BPA will be the responsibility of the BPA Holder / Contractor.

B.3 PERIOD OF PERFORMANCE

The anticipating period of ordering for this Blanket Purchase Agreement is 5 (five) years.

B.4 COST/PRICE INFORMATION

The Contractor hourly/daily rate for delivery of required services shall not exceed those outlined in the rate schedule below. Administrative Costs must be calculated separately.

No:

Service Component

Administrative Staff Rate Expert Staff Rate

Medium High Medium High

1 Pre-award assessments of non-US organizations

2 Cost Incurred Audits and Reviews

3 Attestation engagements

4 Financial audits or reviews

5 Control environment reviews and assessments

6 Developing policies and procedures

7 Technical assistance

8 Serving as Fiscal Agent

9 Serving as Procurement Agent

10 Validity Check

B.5 BUDGET and BUDGET NARRATIVES

The detailed Budget must contain the following budget categories and information, at a minimum:

1) Salaries and Allowances – Must be proposed consistent with 2 CFR 200.430 Compensation -

Personal Services. The Applicant’s budget must include position title, salary rate, level of effort, and salary escalation factors for each position. Allowances, when proposed, must be broken down by specific type and position. Applicants must explain all assumptions in the

Budget Narrative. The Budget Narrative must demonstrate that the proposed compensation is reasonable for the services rendered and consistent with what is paid for similar work in other activities of the Applicant. Applicants must provide their established written policies on personnel compensation. If the Applicant’s written policies do not address a specific element of compensation that is being proposed, the Budget Narrative must describe the rationale used and supporting market research.

2) Fringe Benefits – Allowances and services provided by the Applicant to its employees as compensation in addition to regular wages and salaries are allowable. A detailed cost breakdown by benefit types should be provided.

3) Travel and Transportation – Provide details to explain the purpose of the trips, the number of trips, the origin and destination, the number of individuals traveling, and the duration of the trips. Per Diem and associated travel costs must be based on the applicant’s normal travel policies. When appropriate please provide supporting documentation as an attachment, such as company travel policy, and explain assumptions in the Budget Narrative.

4) Procurement or Rental of Goods (Equipment & Supplies), Services, and Real Property –

Must include information on estimated types of equipment, models, supplies and the cost per unit and quantity. The Budget Narrative must include the purpose of the equipment and supplies and the basis for the estimates. The Budget Narrative must support the necessity of any rental costs and reasonableness in light of such factors as: rental costs of comparable property, if any; market conditions in the area; alternatives available; and the type, life expectancy, condition, and value of the property leased.

NOTE:

In accordance with 2CFR 200, “Equipment” means tangible personal property (including information technology systems) having a useful life of more than one year and a per-unit acquisition cost which equals or exceeds the lesser of the capitalization level established by the non-Federal entity for financial statement purposes, or $5,000. All equipment must be listed in a separate budget line item.

5) Subawards – Specify the budget for the portion of the program to be passed through to any subrecipients. See 2 CFR 200.330 for assistance in determining whether the sub-tier entity is a subrecipient or contractor. The subrecipient budgets must align with the same requirements as the Applicant’s budget, including those related to fringe and indirect costs.

The Budget Narrative must contain sufficient detail to allow USAID to understand the proposed costs. The Applicant must ensure the budgeted costs address any additional requirements identified in Section D, such as Branding and Marking, and Section H. The Budget Narrative must be thorough, including sources for costs to support USAID’s determination that the proposed costs are fair and reasonable.

The Budget must include the following worksheets or tabs, and contents, at a minimum:

● Summary Budget, inclusive of all program costs (federal and non-federal), broken out by major budget category and by year for activities implemented by the Applicant and any potential sub-applicants for the entire period of the program. See Section H, Annex 1 for

Summary Budget Template

● Detailed Budget, including a breakdown by year, sufficient to allow the Agency to determine that the costs represent a realistic and efficient use of funding to implement the applicant’s program and are allowable in accordance with the cost principles found in 2

CFR 200 Subpart E.

● Detailed Budgets for each sub-recipient, for all federal funding and cost share, broken out by budget category and by year, for the entire implementation period of the project.

This BPA does not obligate any funds. The Government is obligated only to the extent of authorized specific orders or service calls made under the BPA.

[END OF SECTION B]

SECTION C: DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

USAID/MALAWI IMPLEMENTING PARTNER ASSESSMENT, AUDIT AND

TECHNICAL ASSISTANCE BLANKET PURCHASE AGREEMENT

PURPOSE:

As USAID/Malawi increases the number and size of awards to local organizations, it needs assistance to monitor project implementation and review/audit projects and implementing partners

(IPs), which may include Government of Malawi (GoM) entities. USAID/Malawi seeks to contract with one or more persons or organizations to obtain services under this Blanket Purchase

Agreement (BPA) to ensure that project implementation complies with the terms and conditions of the awards, to review, audit and/or assist IPs in ensuring proper controls, policies and procedures to comply with all award terms and conditions, to manage USAID funds in accordance with U.S.

government and USAID rules and regulations, and to guard against fraud.

BACKGROUND:

USAID/Malawi has chosen to channel a substantial amount of funding through local organizations in Malawi – both government and non-government. Many local institutions face institutional capacity issues and overall weaknesses in their internal controls, financial management and absorptive capacity; these capacity issues and weaknesses pose risks. This has accentuated the need for assessment, audit, and technical assistance to be in place to ensure that IPs comply with applicable U.S. Government and USAID rules and regulations and that resources are spent in a transparent, efficient and effective manner.

To address the various fiduciary risks and technical assistance needs, a wide range of services are requested to assist USAID in its oversight of IPs. Note that, except for Components 8 and 9, each call against this BPA is planned to be a short-term task.

This Implementing Partner Assessment, Audit and Technical Assistance BPA seeks to strengthen local IPs and to ensure USAID funds are properly managed. Most potential local IPs have not worked with USAID, and therefore, USAID has to assess each one to determine:

1. Whether the non-U.S. organization has sufficient financial and managerial capacity to manage USAID funds in accordance with U.S. Government and USAID requirements.

2. The most appropriate method of financing to use under the potential USAID award;

and

3. The degree of support and oversight necessary to ensure proper accountability of funds to be potentially provided to the organization.

OBJECTIVE:

The overall objective of this Assessment, Audit and Technical Assistance BPA is (1) to strengthen local IPs and to ensure that USAID/Malawi IPs manage USAID funds in accordance with U.S.

Government and USAID rules and regulations; and (2) mitigate/manage risk that arise in recipient's operations to make sure that the recipient’s internal control system is efficient. This

BPA will include one or more of the following components:

1. Pre-Award Assessments of Non-U.S. Organizations and Host Government

2. Cost Incurred Audits and Reviews

3. Attestation Engagements

4. Financial Audits or Reviews

5. Control Environment Reviews and Assessments

6. Developing Policies and Procedures

7. Technical Assistance

8. Serving as Fiscal Agent

9. Serving as Procurement Agent

10. Validity Checks

Interested firms are free to express interest in one or more of the components. Each call issued under this BPA will have its own statement of work.

Organizations providing services to an IP under Components 6, 7, 8 and 9, will not be selected to provide services to that IP under Components 1, 2, 3, 4 and 5.

In addition to the potential conflict of interest please refer to H.8 titled "Organizational Conflict of

Interest".

Component 1 - Pre-Award Assessments of Non-U.S. Organizations:

Interventions under this component will render an opinion as to whether the potential IP has the capability to receive and account for USAID funds. At a minimum, the BPA holder will utilize the USAID Non-U.S. Organization Pre-award Survey (NUPAS) methodology to provide reasonable assurance as to the potential IP’s responsibility and whether

USAID/Malawi should consider inserting special award conditions in the agreement/contract with the IP as it implements the activity. Specifically, the BPA holder will utilize the NUPAS

Guidelines and Support, Automated Directive Systems (ADS) 303sam, to determine:

(a) Whether the non-U.S. organization has sufficient financial and managerial capacity to manage USAID funds in accordance with U.S. Government and USAID requirements;

(b) The most appropriate method of financing to use under the potential USAID award;

and

(c) The degree of support and oversight necessary to ensure proper accountability of funds to be potentially provided to the organization

When weaknesses or risks are identified, the BPA holder will develop a Risk Mitigation Plan setting forth each identified weakness and risk and recommending actions to address each weakness and risk. The assessment will result in the scoring of each criterion and sub-criterion in accordance with NUPAS “Non-U.S. Organization Pre-Award Survey Guidelines and

Support Additional Help for ADS Chapter 303” scale of assessment.

Component 2 - Cost Incurred Audits and Reviews:

The BPA holder will examine USAID-funded costs incurred by an IP during a defined period of time as well as evaluate the IP’s financial policies, procedures, systems, internal controls, and compliance with agreement terms and USG and USAID rules and regulations. The costs are reviewed to determine if they are allowable, allocable and reasonable under the agreement terms and applicable cost principles. These audits/reviews may or may not be performed in accordance with U.S. Generally Accepted Government Auditing Standards. In conducting cost incurred audits/reviews of USAID/Malawi’s contracts or grants, the BPA holder will be required to:

(a) Express an opinion on whether the fund accountability statement for the USAID-funded projects presents fairly, in all material respects, revenues received, costs incurred, and commodities and technical assistance directly procured by USAID for the period audited in conformity with the terms of the agreements and generally accepted accounting principles or other comprehensive basis of accounting (including the cash receipts and disbursements basis and modifications of the cash basis).

(b) Evaluate and obtain a sufficient understanding of the IP's internal controls related to the USAID-funded projects, assess control risk, and identify reportable conditions, including material internal control weaknesses. This evaluation should include the internal controls related to required cost-sharing contributions.

(c) Perform tests to determine whether the IP complied, in all material respects, with agreement terms (including cost sharing, if applicable) and applicable laws and regulations related to USAID-funded projects. All material instances of noncompliance and all illegal acts that have occurred or are likely to have occurred should be identified.

Such tests should include the compliance requirements related to required cost-sharing contributions, if applicable.

(d) Perform an audit of the indirect cost rate(s) if the IP has been authorized to charge indirect costs to USAID using provisional rates and USAID has not yet negotiated final rates with the IP.

(e) Determine if the IP has taken adequate corrective action on prior audit recommendations.

Component 3 - Attestation Engagements:

Attestation engagements concern examining, reviewing, or performing agreed-upon procedures on a subject matter or an assertion about a subject matter and reporting on the results. The subject matter of an attestation engagement may take many forms, including historical or prospective performance, or condition, physical characteristics, historical events, analyses, systems and processes, or behavior. Attestation engagements can cover a broad range of financial or non-financial subjects and can be part of a financial audit.

Component 4 - Financial Audits or Reviews:

(a) Financial Audits:

Financial audits are conducted during activity implementation or closeout to assess whether a

Contractor, recipient or host government has accounted for and used USAID funds as intended and in compliance with applicable laws and regulations governing the award. A financial audit of USAID funds provided to IPs or a Host Government must be performed in accordance with

U.S. Generally Accepted Government Auditing Standards (GAGAS), International Standards on

Auditing (ISA) in conjunction with GAGAS, or International Standards of Supreme Audit

Institutions (ISSAI) in conjunction with GAGAS as set forth in ADS 591.3.2 Audits of Foreign

Organizations and Host Government Entities. The primary purpose of a financial statement audit is to provide an opinion about whether an IP’s financial statements are presented fairly in all material respects in conformity with applicable generally accepted accounting principles or financial reporting standards. Reporting on financial statement audits performed in accordance with GAGAS also includes reports on internal controls over financial reporting and on compliance with provisions of laws, regulations, contracts, and grant agreements that have a material effect on the financial statements.

(b) Financial Reviews:

The BPA holder will conduct a review of USAID IPs’ financial policies, procedures, systems and controls or other areas of concern. These reviews may include specific transactions to support submitted financial reports, account balances, or ledger balance reviews, procurement reviews, and inventory systems and controls. The financial review may encompass an IP’s financial accounting, cost elements reporting, financial statements or pro-forma, compliance with requirements of specified laws (including severance and pension laws), regulations, rules, contracts, or grants.

Component 5 - Control environment reviews and assessments

Conduct reviews and assessments of IPs’ or a Host Government’s:

1. Management philosophy and operating style;

2. Organizational structure;

3. Method of assigning authority and responsibility;

4. Monitoring of performance;

5. Internal controls;

6. Human Resources policies and practices;

7. Budget controls;

8. Compliance with laws and regulations; and

9. Risk environment.

The review and assessment will result in the profiling of the above categories into High, Medium and Low risk areas in accordance with criteria agreed upon with USAID/Malawi.

As requested, carry out Public Financial Management Risk Assessment Framework

(PFMRAF) Stage 2 risk assessments of Malawian government ministries, departments, agencies, or local governments utilizing USAID’s PFMRAF tools. USAID developed a

PFMRAF tool to support the Agency-wide initiative to increase awards to local organizations and governments. The PFMRAF includes a Stage 1 rapid appraisal of risk, followed by a more detailed Stage 2 assessment. While a Stage 1 rapid appraisal provides USAID with a high level, country-wide snapshot of public financial management, governance and public accountability systems of a partner country government, the Stage 2 risk assessment is a more rigorous institutional level assessment. The Stage 2 risk assessment includes testing financial management systems and other systems as necessary to validate applicable and relevant system operations and internal controls, identify performance risks, and develop associated risk mitigation options associated with a USAID project.

Component 6 - Developing Policies and Procedures:

Assist IPs and Host Governments in developing or strengthening policies and procedures including, but not limited to, ethics, segregation of duties, internal control, financial management, procurement, travel, and human resources (including Equal Employment

Opportunity, harassment, and discrimination). This could include developing policies and manuals including writing or documenting procedures. It could also include developing training materials and conducting the training.

Component 7 – Technical Assistance:

The BPA holder will provide support to IPs, including Host Government entities which are implementing USAID-funded development activities, in, but not limited to, the preparation of life-of-project budgets, annual budgets, quarterly financial reports, final financial reports, submission of advance requests and liquidations, and other financial reporting to

USAID/Malawi. If necessary, the BPA holder will also assist in preparing financial and risk analyses for projects and operations including assisting IPs including government entities to implement Risk Mitigation Plans (RMP) approved by USAID/Malawi to mitigate risks in implementation of activities. In addition, the BPA holder may be required to provide financial monitoring and review of the IP’s financial progress and internal controls related to USAID activities.

Based on the reviews or assessments, the BPA holder will provide short-term support to IPs in one or more of the various areas with capacity gaps. This short-term assistance should include follow-up to make any necessary adjustments to the processes to fully support cost effective and transparent operations of the IP. The BPA holder may be asked to provide some or all of the following services:

(a) Improve financial management capability of the IP

(b) Strengthen the IP’s financial and accounting systems

(c) Assume the financial management roles and responsibilities of the IP for a period of time during program implementation

(d) Reform the IP’s organization structure to improve segregation of duties

(e) Develop internal control procedures for the IP

(f) Improve the IP’s procurement systems

(g) Develop the IP’s administrative and support function

(h) Develop the IP’s M&E systems

(i) Assist the IP with VAT exemptions and refunds from the Malawi Revenue

Authority (MRA)

(j) Assist IPs including government entities to implement Risk Mitigation Plans

(RMP) approved by USAID/Malawi to mitigate risks in implementation of activities.

The BPA holder may also be asked to provide technical support to develop the IP’s human resources (HR) management system, developing job descriptions, developing organograms with adequate segregation of duties and checks and balances and developing or updating processes and procedures including timekeeping and a personnel time tracking system. The

BPA holder may also be asked to assist the IP in HR planning, recruitment and selection, orientation and placement, training, career development and staff performance evaluation.

Technical assistance may also include training IPs on financial documentation and activity reports and reviewing the financial documentation and activity reports on a monthly or quarterly basis before the IP submits them to USAID.

Component 8 - Serving as Fiscal Agent:

A fiscal agent manages some or all finance functions for an IP regarding USAID funds including handling all payments for an IP and certifying that payments are in accordance with

U.S. Government and USAID rules and regulations and comply with an IP’s policies.

Depending on the situation, this could range from a complete outsourcing of finance functions to providing oversight, support or training to an IP. This includes, but is not limited to, the following:

1. Review all payments for compliance with applicable policies, contracts, regulations and laws.

2. Review all contracts and service agreements to ensure that payments are made pursuant to the terms of the contract or service agreement and that payment terms comply with applicable policies and procedures.

3. Prescribe pre-payment checks after going through applicable policies, contracts, regulations and laws.

4. Apply pre-payment verification checks on all payments.

5. Perform verification of all the costs incurred on the project, price adjustments, finance charges, Extensions of Time (EOT), Variation Orders (VO), and insurance premiums.

6. Report to USAID on irregularities/shortcomings noticed during pre-payment verification.

7. Establish an internal audit function and train internal audit staff. Review and establish internal audit priority areas, monitoring, frequency, and audit program and reporting.

8. Report to USAID any issue which may cause delay in project completion, cost overrun or reputational risks to USAID.

The work will include transitioning finance functions to the IP.

Component 9 - Serving as Procurement Agent

Where the IP lacks the necessary organization, resources, and experience, USAID/Malawi may engage a procurement agent. A procurement agent manages all aspects of procurement and certifies that procurements were conducted in accordance with U.S. Government and

USAID rules and regulations and complied with an IP’s procurement policy. Depending on the situation, this could range from a complete outsourcing of procurement functions to providing oversight, support, or training to an IP. This includes, but is not limited to, the following:

1. Develop or revise the policies and procedures for procurement.

2. Maintain the integrity of the procurement process.

3. Train and oversee the activities of procurement staff.

4. Prepare and maintain accurate records and documentation on all solicitations, responses, purchases, contracts, and related follow-up.

5. Procure or coordinate the procurement of goods and services in accordance with terms of the award to the IP, U.S. Government laws and regulations and

USAID rules and regulations.

6. Facilitate the competitive solicitation process from the time the request has been received from the end-user, through contract signing and issuance of a

Purchase Order.

7. Edit requisitions and confer with the IP regarding requirements, specifications, quantity, quality, and delivery. Recommend alternatives that would result in greater value.

8. Prepare solicitation documents to include Requests for Proposals or Bids.

9. Coordinate and supervise activities of evaluation committees.

10. Review and recommend execution of contracts, purchase orders, change orders and other documents as necessary.

11. Perform negotiations with bidders.

12. Perform contract administration, including liaison with suppliers, compliance with contract terms and conditions, compliance with grant requirements, negotiation of contract amendments, extensions and change orders.

13. Analyze cost and price data from vendors. Perform contract audits when required.

14. Analyze procurement activities and recommend improvements through more efficient procurement methods, e-procurement, quantity discounts, standardization, or value analysis.

15. Engage in procurement planning with the IP. Routinely meet and communicate with the IP to identify and provide high quality service to meet IP requirements on a timely basis. Provide accurate, complete and up-to-date information in an efficient and timely manner.

16. Review purchase requisitions to ensure validity and accuracy, and ensure the vendor provides products and services at rates most favorable to the IP.

17. Approve purchase requisitions at levels established by USAID/Malawi.

18. Effectively communicate procurement policies and procedures to all personnel, and interpret said policies and procedures as necessary.

19. Conduct end-user training to personnel on procurement policies and procedures.

20. Assist the end-users in the evaluation of performance of contracts.

The work will include transitioning procurement functions to the IP. The procurement agent shall conduct procurement in conformance with a procurement plan approved by

USAID/Malawi, use appropriate bidding documents, follow review procedures, and properly document the procurement activity.

Component 10 - Validity Checks

There have been occasions in the past when USAID is unable to travel to a certain area or within a certain time frame, to make spot checks or confirm that work has been done, as reported by an implementing partner. Therefore, it may be necessary to ask a third party to confirm the work, meeting or geographic information system (GIS) coordinates of the reported work completion.

USAID would provide a description of the work, reported to be completed, the standards to be met, services / inventory or other description to be confirmed. The contractor would need to travel to the site, report on findings, take GIS coordinates, as well as pictures, or notes depending on the circumstances.

This is not expected to be a major part of the contract, however circumstances may arise that limit USAID personnel’s ability to travel, such as civil unrest, natural disasters inhibiting access to areas where the contractor has personnel, or simply travel time.

[END OF SECTION C]

SECTION D: PACKAGING AND MARKING

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 general rule, marking is not required for raw materials shipped in bulk

(such as coal, grain, etc.), or for semi-finished products which are not packaged.

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

(c) Authority to waive marking requirements is vested with the Regional Assistant Administrators, and with Mission Directors.

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

D.2 BRANDING

The BPA Holder / Contractor shall comply with the requirements of the USAID “Graphic

Standards Manual”available at www.usaid.gov/branding, or any successor branding policy.

Marking and branding of the deliverables will be determined at the time of development in in consultation with the Contracting Officer’s Representative (COR).

[END OF SECTION D]

SECTION E: INSPECTION AND ACCEPTANCE

E.1 INSPECTION AND ACCEPTANCE

52.246-4 Inspection of Services - Fixed-Price. (AUG 1996)

(a) Definitions. Services, as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable always and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may (1) by contract or otherwise, perform the services and charge to the Contractor any cost incurred by the

Government that is directly related to the performance of such service or (2) terminate the contract for default.

E.2 QUALITY ASSURANCE REVIEWS

All deliverables will be subjected to a thorough quality assurance review. Deliverables will not be considered completed until accepted by the designated Contracting Officer’s Representative

(COR). When the COR reviews a deliverable and raises quality or content issues, the BPA Holder

/ Contractor must fully address all those comments before resubmitting to USAID. Quality and presentation are of significant essence.

E.3 ACCEPTANCE OF DELIVERED SERVICES

USAID/Malawi inspection and acceptance of services and other required deliverables or outputs will take place at USAID/Malawi offices or any other location as determined by the Contracting

Officer and the COR.

The Contracting Officer has delegated to the COR the authority to inspect and accept services, reports and required deliverables and outputs as outlined in the COR designation letter.

[END OF SECTION E]

SECTION F: DELIVERIES OR PERFORMANCE

F.1. APPLICABLE PROVISIONS:

52.242-15 Stop-Work Order. 42.1305(b)

52.242-17 Government Delay of Work. 42.1305(c)

F.2. PERIOD OF PERFORMANCE:

(a) The estimated period of performance for this BPA is five (5) years subject to continued need of services.

(b) ORDERING PERIOD

The ordering period is the period in which call orders may be placed. Orders may be issued at any time during the effective dates of the BPA and goes one year beyond the BPA.

However, CO may not award a Call Order for a period of performance that goes more than five

(5) years.

(c) Annual Performance Review: Continuity of the BPA performance is subject to an annual review. The Contracting Officer working with the COR shall annually review the BPA to determine in writing whether the BPA still represents a best value service delivery arrangement, if service delivery ceiling amount has not been exceeded and if there is continued need for services under the agreement.

F.3. PLACE OF PERFORMANCE

The performance place for work ordered under this BPA is Malawi. The BPA Holder /

Contractor must be prepared to carry work in different locations or districts in Malawi.

Logistics management and settlement of associated costs in the responsibility of the BPA Holder

/ Contractor.

F.4. THE ORDERING PROCESS

Step in

Process

Within USAID BPA Holder / The Contractor

1 Statement of Work specifying required service at a time shall also include the following:

▪ Location

▪ A Performance Schedule

▪ Period of Performance

▪ List of Deliverables

2 USAID COR will prepare and send out to the

BPA Holder(s) a Call Order Letter of

Instructions that will include the Statement of

Work, evaluation criteria and requesting specific cost quantification of the required services.

3 BPA Holder will respond with a service delivery proposal and associated budget in accordance with fixed rates as established in the BPA section B.

The budget must include necessary other direct charges (ODCs) or travel and transportation costs, applicable indirect costs and fee, related to performance of the services ordered.

The BPA Holder will address all evaluation criteria.

4 The Contracting Officer will issue a firm fixed price service call order upon completion of negotiations with the BPA

Holder. Once the call order has been executed and signed by the Contracting Officer, the call order is considered binding by USG and

BPA Holder.

5 BPA Holder kick starts service delivery and coordinates progress reporting in accordance with reporting requirements to completion of work.

6 Receive and inspect deliverables and process payment of all allowable, allocable, and reasonable costs. Process order close out.

F.5. KEY PERSONNEL AND MANAGEMENT LEADS

The BPA Holder / Contractor must always make available a BPA Activity Manager (BAM) who shall be the single Point of Contact (POC) for management of the BPA. The BAM shall be the single Contractor representative responsible for all issues, concerns, or problems at the BPA level.

The BAM shall be responsible for performance, preparation of reports and must readily respond to questions, concerns, and comments. The BAM shall proactively alert USAID/Malawi on potential contractual issues.

Position Description / Identity Name of Holder

BPA Activity Manager (BAM) To be inserted at the time of BPA establishment

The BPA Holder must provide advance notice to USAID/Malawi regarding any case of change to

Key Personnel designation. The BPA Holder must provide a detailed explanation of the circumstances necessitating the proposed change, a complete resume for the person to be taken on board, and any other information USAID/Malawi may need to inform its review of the suitability of the replacement proposal.

Position Qualification and Technical Requirements:

The BAM should possess the required attributes, qualifications, and experience required to satisfy a particular task under the particular order, with a good understanding of business, financial, audit, or management capabilities

Additional Key Personnel (when necessary, on a case to case basis) will be identified at the time for placing BPA Service Calls.

F.6. DELIVERABLES AND REQUIRED REPORTING

Deliverables will be defined in specific BPA Calls provided by USAID/Malawi based on the nature of the contracted service. All deliverables and required reporting must be submitted in

English language, unless otherwise specified in each BPA Call.

The BPA Holder/Contractor must promptly notify the Contracting Officer's Representative

(COR), of any problems, delays, or adverse conditions which materially impair the Contractor's ability to meet the requirements of the contract.

The Contractor must provide the following reports and plans to USAID for COR approval.

Each plan, report, or deliverable must be submitted electronically and in hard copies (two copies).

Electronic versions of the reports must be submitted Portable Document Format (PDF), All reports are subject to written final approval and acceptance by the COR.

Deliverable Type Standard / Content Submission Timelines

Pre-award assessment report. USAID Non-U.S. Organization

Pre-award Survey (NUPAS) methodology

20 working days.

Cost Incurred Audit and Review report.

May or may not be performed in accordance with the U.S.

Generally Accepted

Government Auditing

Standards

To be determined in work order.

Attestation Engagement report. U.S. Generally Accepted

Government Auditing

Standards (GAGAS), International Standards on

Auditing (ISA) in conjunction with GAGAS, or International

Standards of Supreme Audit

Institutions (ISSAI) in conjunction with GAGAS. or

USAID IPs’ financial policies, procedures, systems and controls or other areas of concern.

To be determined in work order.

Financial Audits or Reviews reports.

U.S. Generally Accepted

Government Auditing

Standards (GAGAS), International Standards on

Auditing (ISA) in conjunction with GAGAS, or International

Standards of Supreme Audit

Institutions (ISSAI) in conjunction with GAGAS.

Approved Statement of Work

On Financial Reviews.

To be determined in work order.

Control Environment Reviews and Assessments reports.

Approved Statement of Work on control environment and assessments.

To be determined in work order.

Developing Policies and

Procedures report.

Approved Statement of Work

Developing Policies and

Procedures.

To be determined in work order.

Technical Assistance. Approved Statement of Work for Technical Assistance.

To be determined in work order.

Fiscal Agent Approved Statement of Work for Fiscal Agent.

To be determined in work order.

Procurement Agent Approved Statement of Work for Procurement Agent.

To be determined in work order.

Validity Checks Approved Statement of Work for Procurement Agent.

To be determined in work order

F.7. PERFORMANCE STANDARDS

(a) This section describes the standard of performance USAID/Malawi expects from the

Contractor. The performance standards also detail the method of surveillance USAID will use to ensure that the Contractor is meeting the performance requirements.

(b) The Contractor’s performance will be measured according to the following standards:

1) Technical (Quality of Service)

2) Schedule

3) Cost control

4) Business relations

5) GIS Location reported

Key Performance Indicators and Assessment Plan

CONTRACTOR

EXPECTATIONS

KEY MEASURES OF

PERFORMANCE

PLAN FOR

VERIFYING

PERFORMANCE

Technical

(Quality of

Service)

The Contractor will deliver professional, high quality services that respond to the contract requirements.

Consistency and accuracy of the Contractor’s work is always demonstrated throughout the life of the contract, including quality deliverables. Reports and presentations to USAID reflect professional quality standards in writing, data collection, and analysis.

Official acceptance of submitted reports and other deliverables by the COR via written correspondence.

Copies saved in COR file.

Schedule The Contractor’s results and deliverables are performed and/or delivered to USAID according to the specified timeline. The

Contractor will provide timely answers and feedback on all requests, issues, and/or questions raised by the

COR and/or the CO.

Deliverables are completed by dates identified in Section

F. Contractor response to issues and comments on deliverables is received by

USAID within reasonable time.

Date of receipt of submitted reports and presentations via physical delivery or electronic submission.

Copies saved in COR file.

Cost

Control

The Contractor’s completion of all deliverables and tasks as outlined in Service Call

Orders is uncompromised and within the BPA negotiated rates.

The Contractor must provide the deliverables or outputs described in service Call

Orders and comply with all

BPA requirements, performing to the highest standards under the agreed terms and conditions.

Completion of Order performance without modifications or amendments related to cost due to BPA Holder’s management failure.

Business

Relations

Sound working relationship between the

Contractor, USAID/Malawi, and

Implementing Partners

Avenues of communication are clear.

Effective communication practices and team management are evident, and there are no documented instances of problems arising due to management of key personnel or the team.

Logistical aspects pertaining to work performance to obtain results and deliverables are clearly designed, well thought out processes.

No documented problems or issues arise due to key personnel management or communication issues.

No documented…