Jal_Jangal_Solicitation_RFP_FINAL (1).pdf

REQUEST FOR PROPOSAL (RFP) No. 72036721R00001 REQUEST FOR PROPOSAL (RFP) No. ISSUANCE DATE: October 18, 2021 DEADLINE FOR RECEIPT OF QUESTIONS: October 25, 2021 at 12 p.m. Eastern Standard Time

(EST)

RFP CLOSING DATE AND TIME: November 22, 2021 at 12 p.m. EST

SUBJECT: USAID’s JAL JANGAL (FRESHWATER AND FORESTS) ACTIVITY

The United States Agency for International Development Nepal Mission (USAID/Nepal) seeks proposals to provide technical assistance and support to USAID’s Jal Jangal (Freshwater and Forests) Activity as described in the attached RFP. USAID/Nepal anticipates awarding one Cost-Plus-Fixed- Fee Completion-type Contract with a three-year base period and one two-year option period. The total estimated cost of the Contract is between $30.3 million and $35.3 million.

USAID invites all interested and responsible organizations to submit offers in accordance with the requirements of this solicitation. USAID will conduct this procurement as a full and open competition. The procedures set forth in Federal Acquisition Regulation (“FAR”) Part 15 will govern the procurement. Proposals will be accepted from eligible organizations. USAID encourages participation to the maximum extent possible of small business concerns, small, disadvantaged business concerns and women-owned small business concerns in this activity as prime contractor or as a subcontractor. The geographic code for this procurement is 937, and the North American Industry Classification System (NAICS) code is 541620 - Environmental Consulting Services.

Please refer to Section L for information regarding proposal requirements. Offerors should take into account the expected delivery time required by the proposal transmission method, and they are responsible for ensuring proposals are received at USAID by the due date and time as specified above.

Failure to comply with the submission date will deem any submission unacceptable and it will not be reviewed or evaluated. Section M states the criteria by which proposals will be evaluated. Offerors must confirm in Block 12 of the Standard Form 33 that offers are valid for 220 days.

Any questions regarding the RFP’s requirements must be submitted no later than the time and date stated above to Contracting Officer, Robyn Bertholon, at the following email addresses:

rbertholon@usaid.gov and kathmanduoaaexchange@usaid.gov.

This RFP in no way obligates USAID to award a contract nor does it commit USAID to pay any cost incurred in the preparation and submission of a proposal. Award of a Contract under this RFP is subject to availability of funds and other internal USAID approvals. This RFP can be viewed and downloaded from beta.sam.gov. USAID bears no responsibility for data errors resulting from transmission or conversion processes. Further, be aware that amendments to solicitations are occasionally issued and will be posted on the same website from which you downloaded the solicitation. USAID advises to regularly check the above website for amendments.

Sincerely, Maria Televantos mailto:rbertholon@usaid.gov mailto:kathmandu@usaid.gov

Contracting Officer

RFP Number 72036721R00001

USAID’s Jal Jangal (Freshwater and Forests) Activity

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Offeror must download the most recent version of the SF-33 on www.gsa.gov to prepare its offer.

http://www.gsa.gov/ http://www.gsa.gov/

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Table of Contents

PART I - THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PURPOSE

B.2 CONTRACT TYPE

B.3 ESTIMATED COST, FIXED FEE AND OBLIGATED AMOUNT

B.4 BUDGET

B.5 PAYMENT OF FIXED FEE

B.6 INDIRECT COSTS AND ADVANCED UNDERSTANDING ON CEILINGS

B.7 REIMBURSABLE COSTS

SECTION C – DESCRIPTION/PERFORMANCE WORK STATEMENT (PWS)

SECTION D – PACKAGING AND MARKING

D.1 AIDAR 752.7009 MARKING (JAN 1993)

D.2 BRANDING AND MARKING POLICY

D.3 BRANDING STRATEGY

D.4 ANTICIPATED ELEMENTS OF A MARKING PLAN

D.5 APPROVAL OF CONTRACTOR BRANDING IMPLEMENTATION PLAN AND

MARKING PLAN

D.6 SOCIAL MEDIA AND OUTREACH

SECTION E – INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

E.2 INSPECTION AND ACCEPTANCE/RESPONSIBLE OFFICIAL

E.3 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

SECTION F – DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING FAR SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE

F.2 PERIOD OF PERFORMANCE

F.3 PLACE OF PERFORMANCE

F.4 PERFORMANCE MONITORING AND STANDARDS

F.5 REPORTS AND KEY DELIVERABLES

F.5.1 REPORTS

F.5.2 KEY DELIVERABLES OR RESULTS

F.6 LANGUAGE OF REPORTS AND OTHER OUTPUTS

F.7 AIDAR 752.7005 SUBMISSION REQUIREMENTS FOR DEVELOPMENT EXPERIENCE

DOCUMENTS (SEPT 2013)

F.8 PERSONNEL

F.8.1 KEY PERSONNEL

F.8.2 KEY PERSONNEL QUALIFICATIONS

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CONTRACTING OFFICER’S AUTHORITY

G.2 AIDAR 752.7003 DOCUMENTATION FOR PAYMENT (NOV 1998)

G.3 INVOICES

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G.4 PAYING OFFICE

G.5 CONTRACTING OFFICER’S REPRESENTATIVE (COR or COR)

G.6 TECHNICAL DIRECTIONS/RELATIONSHIP WITH USAID

G.7 ACCOUNTING AND APPROPRIATION DATA

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 REQUESTS FOR CONSENT TO SUBCONTRACT

H.2 AUTHORIZED GEOGRAPHIC CODE

H.3 AIDAR 752.7007 PERSONNEL COMPENSATION (JULY 2007)

H.4 ADDITIONAL REQUIREMENTS FOR PERSONNEL COMPENSATION

H.5 EMPLOYMENT OF THIRD COUNTRY NATIONALS (TCN'S) AND

COOPERATING COUNTRY NATIONALS (CCN'S) (AIDAR 722.170)

H.6 LOGISTICAL SUPPORT

H.7 ELECTRONIC AND INFORMATION AND COMMUNICATION TECHNOLOGY

ACCESSIBILITY (APRIL 2018)

H.8 MEDIA AND INFORMATION HANDLING AND PROTECTION (APRIL 2018)

H.9 LIMITATION ON ACQUISITION OF INFORMATION TECHNOLOGY

(DEVIATION NOS. M/OAA-DEV-FAR-20-3c AND M/OAA-DEV-AIDAR-20-3c) (APRIL 2020) 44

H.10 DEFENSE BASE ACT (DBA) INSURANCE RATES

H.11 EXECUTIVE ORDER ON TERRORISM FINANCING

H.12 ELECTRONIC PAYMENTS SYSTEM

H.13 SUBMISSION OF DATASETS TO THE DEVELOPMENT DATA LIBRARY (DDL)

(OCTOBER 2014)

H.14 AIDAR 752.222-71 NONDISCRIMINATION (JUNE 2012)

H.15 AIDAR 752.222-70 USAID DISABILITY POLICY (DECEMBER 2004)

H.16 GRANTS UNDER CONTRACTS (GUCS)

H.17 ENVIRONMENTAL COMPLIANCE

H.18 AIDAR 752.204-2 SECURITY REQUIREMENTS (FEB 1999)

H.19 AIDAR 752.225-70 SOURCE AND NATIONALITY REQUIREMENTS (FEB 2012) ... 52

H.20 AIDAR 752.228-70 MEDICAL EVACUATION (MEDEVAC) SERVICES (JULY 2007)

H.21 AIDAR 752.229-71 REPORTING OF FOREIGN TAXES (JUL 2007)

H.22 AIDAR 752.231-71 SALARY SUPPLEMENTS FOR HOST GOVERNMENT

EMPLOYEES (MAR 2015)

H.23 AIDAR 752.245-70 GOVERNMENT PROPERTY USAID REPORTING

REQUIREMENTS (OCT 2017)

H.24 STANDARDS OF CONDUCT - IMPROPER BUSINESS PRACTICES

H.25 FOREIGN GOVERNMENT DELEGATIONS TO INTERNATIONAL

CONFERENCES (JAN 2002)

H.26 CONFLICT OF INTEREST

H.27 DISCLOSURE OF INFORMATION

H.28 PROHIBITION AND ASSISTANCE TO DRUG TRAFFICKING

H.29 INFORMATION TECHNOLOGY RESOURCES

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H.30 GENDER CONSIDERATION

H.31 PROHIBITION ON CONTRACTING FOR CERTAIN COVERED

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT

(Section 889) (JAN 2021)

H.32 ADS 302.3.5.19 USAID-FINANCED THIRD-PARTY WEB SITES (NOV 2017)

H.33 RESTRICTIONS AGAINST DISCLOSURE (AAPD 16-02) (MAY 2016)

PART II – CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

I.2 AIDAR 752.252-2 AIDAR CLAUSES INCORPORATED BY REFERENCE (MAR 2015)

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

I.4 FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

I.5 FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) . 69

I.6 FAR 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN

2020)

I.7 FAR 52.222-50 COMBATING TRAFFICKING IN PERSONS (OCT 2020)

I.8 FAR 52.232-32 PERFORMANCE-BASED PAYMENTS (APR 2012)

I.9 FAR 52.244-2 SUBCONTRACTS (JUN 2020)

I.10 AIDAR 752.231-72 CONFERENCE PLANNING AND REQUIRED APPROVALS

(AUG 2013) [(M/OAA-DEV-AIDAR-20-01c)(APR 2020)]

I.11 AIDAR 752.7013 CONTRACTOR-MISSION RELATIONSHIPS (OCT 1989)

[DEVIATION (JUN 2020)]

I.12 AIDAR 752.7032 – INTERNATIONAL TRAVEL APPROVAL AND NOTIFICATION

REQUIREMENTS (APR 2014)

I.13 AIDAR 752.7036 USAID IMPLEMENTING PARTNER NOTICES (IPN) PORTAL

FOR ACQUISITION (JULY 2014)

I.14 FAR 52.223-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCLS FOR

FEDERAL CONTRACTORS (OCT 2021) (DEVIATION #M/OAA-DEV-FAR-22-01c)

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J – LIST OF ATTACHMENTS

PART IV - REPRESENTATION AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF THE

OFFEROR

K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE

K.2 FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (SEPT 2021)

K.3 FAR 52.204-20 PREDECESSOR OF OFFEROR (AUG 2020)

K.4 FAR 52.204-24 REPRESENTATION REGARDING CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT

(OCT 2020)

K.5 FAR 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR

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SERVICES- REPRESENTATION (OCT 2020)

K.6 FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITIES MATTERS

(AUG 2020)

K.7 FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT

2018) 99

K.8 FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING

DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL

LAW (FEB 2016)

K.9 FAR 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS-

CERTIFICATION (FEB 2021)

K.10 FAR 52.222-18 CERTIFICATION REGARDING KNOWLEDGE OF CHILD LABOR

FOR LISTED END PRODUCTS (FEB 2001)

K.11 FAR 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB

1999) 104

K.12 FAR 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)

K.13 FAR 52.225-2 BUY AMERICAN CERTIFICATE (FEB 2021)

K.14 FAR 52.225-20 PROHIBITION ON CONDUCTING RESTRICTED BUSINESS

OPERATIONS IN SUDAN-CERTIFICATION (AUG 2009)

K.15 FAR 52.227-15 REPRESENTATION OF LIMITED RIGHTS DATA AND

RESTRICTED COMPUTER SOFTWARE (DEC 2007)

K.16 FAR 52.230-1 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION

(JUN 2020)

K.17 FAR 52.230-7 PROPOSAL DISCLOSURE-COST ACCOUNTING PRACTICE

CHANGES (APR 2005)

K.18 INSURANCE – IMMUNITY FROM TORT LIABILITY

K.19 AGREEMENT ON, OR EXCEPTIONS TO, TERMS AND CONDITIONS

K.20 SIGNATURE

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE

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

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

L.4 GENERAL INSTRUCTIONS TO OFFERORS

L.5 INSTRUCTIONS FOR PREPARATION OF THE TECHNICAL PROPOSAL

L.5.1 PERFORMANCE WORK STATEMENT/TECHNICAL APPROACH (SEE

SECTION M.2.1)

L.5.2 STAFFING AND MANAGEMENT APPROACH (SEE SECTION M.2.2)

L.5.3 CONDESCEND MEL PLAN (SEE SECTION M.2.3)

L.5.4 CONTRACTOR PERFORMANCE INFORMATION (SEE SECTION M.2.4)

L.6 INSTRUCTIONS FOR THE PREPARATION OF THE COST PROPOSAL

L.6.1 BUDGET PREPARATION GUIDANCE

L.6.1.2 BUDGET NARRATIVES

SECTION M – EVALUATION FACTORS FOR AWARD

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M.1 GENERAL INFORMATION

M.2 TECHNICAL PROPOSAL EVALUATION CRITERIA

M.3 COST/BUSINESS EVALUATION

M.4 DETERMINATION OF THE COMPETITIVE RANGE

M.5 SOURCE SELECTION

M.6 CONTRACT AWARD

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PART I - THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PURPOSE

The purpose of the Jal Jangal (Freshwater and Forests) Contract is to reduce threats to ecosystems and species in order to conserve nature, enhance human well-being, and safeguard the future.

B.2 CONTRACT TYPE

This is a Cost-Plus-Fixed-Fee (CPFF) completion-type Contract. The Contractor must perform the services as set forth by the terms and conditions of the Contract.

B.3 ESTIMATED COST, FIXED FEE AND OBLIGATED AMOUNT

(a) The estimated cost for the performance of the work required hereunder, exclusive of fixed fee, is To Be Determined ${TBD} for the base year period of three years and ${TBD} for the two-year option period.

The fixed fee is ${TBD} for the base year period and ${TBD} for the option period. The total estimated cost-plus fixed fee for the Contract period is ${TBD} for the base year period and ${TBD} for the option period. The Contractor is not to be paid in excess of the total estimated cost-plus fixed fee.

(b) Within the estimated cost-plus fixed fee 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 for the base year period.

B.4 BUDGET

a) The budget for the contract is as follows:

Description Base Period (Years 1, 2, and 3)

Option Period (Years 4 and 5)

Total Estimated Cost

Direct and Other Direct Costs $ $ $ Grants Under Contract* $ $ $ Total Direct Costs $ $ $ Indirect Costs $ $ $ Fixed Fee $ $ $ Total Estimated Cost $ $ $

*[Offerors must set aside no more than $5 million of their budget for Grants Under Contract]

b) The inclusion of any costs in the above cost categories does not obviate the requirement for prior approval by the Contracting Officer of cost items designated as requiring prior approval by any of

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B.5 PAYMENT OF FIXED FEE

A percentage (70%) of the payment of the fixed fee under this contract is tied to the achievement of the key deliverables/results as described in Section F.5.2. Upon successful achievement of a key deliverables/results, the Contractor must provide evidence of its achievement to the Contracting Officer’s Representative (COR) and the Contracting Officer (CO). Upon COR receipt and written acceptance of a key deliverables/results, the Contractor must submit an invoice for the amount of the associated fee contained in the Fixed Fee Table incorporated into Section J of the contract {note: the Fixed Fee Table will be incorporated at award}. Fee may not be taken on GUCs.

Payment of the remaining (30%) of fixed fee, subject to the terms stated in FAR 52.216‐8, may be made upon receipt of a proper invoice. Subject to FAR 52.216‐8, Fixed Fee, payment of fixed fee must be allocated based upon the proportion of the invoiced amount in the period covered by the invoice to the total estimated cost of the periods of the contract not including fixed fee.

In accordance with FAR 52.216-8(b), USAID will withhold a reserve not to exceed 15 percent of the total fixed fee or $100,000, whichever is less, to protect the Government’s interest. USAID shall release 75 percent of all fee withholds under this contract after receipt of an adequate certified final indirect cost rate proposal covering the year of physical completion of this contract, provided the Contractor has satisfied all other contract terms and conditions, including the submission of the final patent and royalty reports, and is not delinquent in submitting final vouchers on prior years’ settlements. USAID may release up to 90 percent of the fee withholds under this contract based on the Contractor’s past performance related to the submission and settlement of final indirect cost rate proposals.

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

B.6 INDIRECT COSTS AND ADVANCED UNDERSTANDING ON CEILINGS

The contract clause entitled “Allowable Cost and Payment (JUN 2013)”, FAR Subpart 52.216-7, specifies that the indirect cost rates shall be established for each of the Contractor’s accounting periods which apply to this Contract.

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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/

TBD TBD 3/ 3/ 3/

1/Base of Application:

Type of Rate: Period:

2/Base of Application:

Type of Rate: Period:

3/Base of Application:

Type of Rate: Period:

Notes:

1. The Contractor is allowed to recover applicable indirect costs (i.e., overhead, G&A, etc.) on other direct costs (ODCs), if it is part of the Contractor’s usual accounting procedures, consistent with FAR Part 31 and Negotiated Indirect Cost Rate Agreement (NICRA).

2. Major subcontractor indirect cost rates should be included in the proposal and are subject to approval by the Contracting Officer in accordance with FAR 52.244-2, Subcontracts.

B.7 REIMBURSABLE COSTS

For Cost-Reimbursement Contracts, USAID will only reimburse the Contractor for allowable costs in accordance with FAR 52.216-7, “Allowable Cost and Payment”, FAR 52.216-8, “Fixed Fee”, FAR 52.232- 20, “Incentive Fee”, FAR 52.216-10, “Limitation of Cost” and FAR 52.232-22, “Limitation of Funds”, if applicable, and AIDAR 752.7003, “Documentation for Payment”.

[END OF SECTION B]

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SECTION C – DESCRIPTION/PERFORMANCE WORK STATEMENT (PWS)

{TBD – Contents of Section C will be derived from the Contractor’s proposed PWS. Refer to Attachment J.1 for the Statement of Objectives (SOO), which informs the development of Section C.}

[END OF SECTION C]

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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, project construction sites, and other project locations be marked with the USAID emblem, in accordance with ADS 320. Shipping containers must be marked as well 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 must be obtained prior to procurement of commodities to be shipped and as early as possible for project construction sites and 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 be retained by the Contractor.

D.2 BRANDING AND MARKING POLICY

(a) The Contractor must develop a Branding Implementation Plan and a Marking Plan describing how activity deliverables will be branded. After it is approved, USAID will insert as an attachment to Section J of the award the Contractor’s Branding Implementation Plan and Marking Plan.

(b) In accordance with ADS 320, USAID requires exclusive branding and marking in USAID direct acquisition from any source of funds. Contractors and subcontractors’ corporate identities or logos must not be used on USAID-funded program materials. Marking is not required on Contractor vehicles, offices, office supplies, or other commodities used solely for administration of the USAID-funded program. Marking is not permitted on any communications that are strictly administrative, rather than programmatic, in nature. USAID’s identity is also prohibited on Contractor and communications related to award administration, such as hiring/firing of staff or renting office space and/or equipment. The Contractor must comply with the requirements of policy directives and required procedures outlined in USAID Automated Directive System (ADS) 320.3.2 “Branding and Marking in USAID’s Direct Contracts” at https://www.usaid.gov/sites/default/files/documents/320.pdf and USAID “Graphic Standards Manual and Partner Co-Branding Guide” available at https://www.usaid.gov/branding/gsm, or any successor branding policy.

https://www.usaid.gov/sites/default/files/documents/320.pdf https://www.usaid.gov/branding/gsm https://www.usaid.gov/branding/gsm

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D.3 BRANDING STRATEGY

The branding strategy for this Contract, as specified in USAID ADS 320.2.1 is as follows:

Activity Name: USAID’s Jal Jangal (Freshwater and Forests) Activity

Branding: The Contractor must use full branding and the USAID tagline, “From the American People,” on materials and communications, which may be translated into local languages. Co-branding and no branding will only be considered on a case-by-case basis, as considered appropriate by the Contracting Officer’s Representative (COR) and Contracting Officer (CO).

Desired Level of Visibility: USAID’s identity must be prominently displayed on commodities or equipment; in printed, audio, visual or electronic public communications; in studies, reports, publications, web sites, and promotional and informational products; and events.

Organizations to Acknowledge: The branding may acknowledge other organizations deemed as partners of an event or deliverable.

D.4 ANTICIPATED ELEMENTS OF A MARKING PLAN

In accordance with ADS 320.3.2.3, a Marking Plan must be developed by Contractors to enumerate the public communications, commodities, activity materials, and other items that visibly bear or will be marked with the USAID identity. As stated in ADS 320.3.2, USAID’s policy is that programs, projects, activities, public communications, or commodities under Contracts or subcontracts exclusively funded by USAID are marked exclusively with the USAID identity. Where applicable, a host country symbol, government ministry logo, or another U.S. Government logo may be added.

Except for manufacturers’ trademarks on commercial items, the corporate identities or logos of Contractors or subcontractors are not permitted on USAID-funded program materials and communications, unless specified in the USAID Graphic Standards Manual or approved in advance by the USAID/Nepal Development Outreach Team.

The Marking Plan may include requests for exceptions to marking requirements, to be approved by the CO. ADS Section 320.3.2.4 details what the Marking Plan must address. Section 320.3.2.5 lists the exceptions to Marking Plan requirements.

Markings must be placed on deliverables, such as products, equipment, and inputs; on places where activities are held; on external public communications, studies, reports, publications, and informative and promotional products; and at workshops, conferences, fairs, and any events. Studies, reports, publications, web sites, and informational and promotional products not authored, reviewed, or edited by USAID must contain a provision substantially as follows, “This study/report/website (specify) is made possible by the support of the American People through the United States Agency for International Development (USAID). The contents of this (specify) are the sole responsibility of (name of organization) and do not necessarily reflect the views of USAID or the United States Government.”

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D.5 APPROVAL OF CONTRACTOR BRANDING IMPLEMENTATION PLAN AND

MARKING PLAN

The Branding Implementation Plan and the Marking Plan must be approved by the CO, with concurrence from the USAID/Nepal Development Outreach Team and the COR. Upon approval, the Contractor’s Final Branding Implementation Plan and Marking Plan will be incorporated into the contract as an Attachment. The Contractor must follow these plans during implementation of this Contract and will request and obtain waivers from the CO, when required. Guidance on applying for waivers can be found in USAID Automated Directives System Chapter 320, Branding and Marking.

D.6 SOCIAL MEDIA AND OUTREACH

The Contractor must participate proactively in outreach activities to promote the goals of this Contract and to identify USAID as the funding source in accordance with the branding and marking requirements outlined in the Contractor’s approved Branding Implementation Plan and Marking Plan. The Contractor must also capture information on the qualitative progress of this program through success stories, case studies, press releases, etc., as part of its overall reporting requirements to USAID.

Social media is often part of an integrated communications campaign. It must serve a programmatic purpose and not be used to promote a program or Contractor. The creation of social media channels should be included and justified in the activity’s marking plan and is subject to the approval of the CO, COR, and DOC team.

News releases/media alerts must be coordinated with COR. In general, all releases/alerts are issued by the U.S. Embassy on behalf of USAID, and USAID only submits these to the U.S. Embassy Public Affairs Office.

[END OF SECTION D]

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SECTION E – INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following Contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR § 52.252.-2 “Clauses Incorporated by Reference” in Section I of this Contract. See http://acquisition.gov/far/index.html for electronic access to the full text of a FAR clause.

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

NUMBER TITLE DATE

52.204-14 SERVICE CONTRACT REPORTING REQUIREMENT OCT 2016

52.246-5 INSPECTION OF SERVICES—COST REIMBURSEMENT APR 1984

E.2 INSPECTION AND ACCEPTANCE/RESPONSIBLE OFFICIAL

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

USAID/Nepal G.P.O. Box 295 U.S. Embassy, Maharajgunj Kathmandu, Nepal Telephone: +977.1.423.4000 Email: usaidnepal@usaid.gov Website: https://www.usaid.gov/nepal

Or at any other location where the services are performed and reports and deliverables or outputs are produced or submitted. The COR has been delegated authority to inspect and accept all services, reports and required deliverables or outputs. The COR may inspect and accept all services, reports and required deliverables or outputs if specified in the Contract.

E.3 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

The progress, success, and impact of the Contractor’s performance under this contract will be monitored and evaluated by USAID as a part of the overall activity results. The QASP is a management process with the intent of encouraging maximum performance, efficiency, and cost effectiveness by the Contractor and can be modified at any time by the Government.

The QASP will be used as a Government monitoring process to enforce the inspection and acceptance clauses of the contract. It is based on the premise that the Contractor, not the Government, is responsible for managing and ensuring the quality controls meet the terms of the contract.

http://acquisition.gov/far/index.html http://acquisition.gov/far/index.html https://www.usaid.gov/nepal

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The Government reserves the right to modify performance standards and/or metrics during the life of this contract, in order to ensure that the right outcomes are being assessed and that the performance standards are appropriate. It is the Contractor’s responsibility to follow up with the COR to ensure the QASP monitoring process is implemented and updated. The QASP is incorporated as an Annex to the Activity Monitoring, Evaluation, and Learning Plan – see section F.

[END OF SECTION E]

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SECTION F – DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING FAR SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

The solicitation provisions pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) per the provision at FAR “52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE” under Section I of this solicitation. The solicitation provisions’ full text may be accessed electronically at this address:

http://www.acquisition.gov/far

NUMBER TITLE DATE

52.242-15 STOP-WORK ORDER AUG 1989

52.242-15 STOP-WORK ORDER ALTERNATE (AUG 1989) APR 1984

52.242-17 GOVERNMENT DELAY OF WORK APR 1984

F.2 PERIOD OF PERFORMANCE

The period of performance for the base period is three years from the date of award with the option to extend a two-year option period, subject to the conditions set forth in Section H.31.

F.3 PLACE OF PERFORMANCE

The place of performance is Nepal.

F.4 PERFORMANCE MONITORING AND STANDARDS

Evaluation of the Contractor's overall performance shall be in accordance with the work plan, reporting against its Activity Monitoring Evaluation and Learning Plan, and reports described in Section F.5 and performance standards set forth in the Contractor’s QASP, as incorporated in Section E.3, and the fully incorporated PWS under the contract’s Section C. Reviews will be conducted jointly by the COR and the Contracting Officer and shall form the basis of the Contractor's permanent performance record regarding this contract, as required in FAR Part 42.15 and AIDAR 742.15.

Initial Management/Financial Reviews USAID reserves the right to conduct, and the Contractor must expect and be prepared for, a management and/or financial audit by USAID at any time to ensure systems (management, administration, finance, procurement, and program) are in place as per the contract. Such audit(s) will focus on program management and performance, including such factors as cost, timeliness, and accountability; and will include field and home office records pertaining to operations and program activities. The Contractor must cooperate with and contribute to a final management and financial review conducted by USAID prior to program closeout.

Contractor Performance Reports http://www.acquisition.gov/far

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On an annual basis, and at contract completion, the COR will complete a Contractor Performance Assessment Report (CPAR) for the contract. Contractor evaluations will focus on the following factors: (i) Quality, (ii) Cost control (not applicable for firm-fixed-price or fixed-price with economic price adjustment arrangements); (iii) Schedule; (iv) Management, (v) Small business subcontracting (as applicable); (vi) Regulatory Compliance; (vii) Other (as applicable).

F.5 REPORTS AND KEY DELIVERABLES

In addition to the requirements set forth for submission of reports per AIDAR 752.242-70, “PERIODIC PROGRESS REPORT (OCT 2007),” the Contractor must submit the following reports and key deliverables to the COR as specified under Section F.5.1 and F.5.2.

F.5.1 REPORTS

The Contractor must submit the following reports to the USAID/Nepal COR and Alternate COR – electronically using Microsoft (MS) Word, MS Excel, or MS PowerPoint applications. All reports must be written in plain, grammatically correct English. All reports are subject to approval by the USAID/Nepal COR. The content and length of all written reports will be determined jointly by the USAID/Nepal COR and the Contractor.

The table below provides a schedule of required reports or plans to be submitted:

REPORTS OR

PLANS

DRAFT DUE DATE

(calendar days)

FINAL DUE DATE

(calendar days)

APPROVING

OFFICIAL

Year 1 Work Plan (covers period from award start date through September 30)

Due within 30 days of completion of multi-stakeholder co-design workplanning workshop

15 days after receipt of COR comments

Contracting Officer’s Representative (COR) or Alternative COR

(ACOR)

Subsequent Annual Work Plans

Due August 15 of each year

10 days after receipt of COR comments

COR/ACOR

Monitoring, Evaluation & Learning Plan

Due 15 days after Final Year 1 Work Plan

15 days after receipt of COR comments

COR/ACOR

Environmental Management and Mitigation Plan

Due 30 days after Year 1 Work Plan

15 days after receipt of COR comments

COR/ACOR

Grants Under Contract Manual

Due 90 days after award

15 days after receipt of CO comments

CO

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Branding and Marking Plan (see Section D)

Due 30 days after award

15 days after receipt of CO comments

CO in consultation with COR/DOC

Quarterly Progress Reports

Due 15 days after the end of the quarter

10 days after receipt of COR comments

COR/ACOR

Quarterly Success Story

Due 15 days after end of reporting quarter

5 days after receipt of COR comments

COR/ACOR

Quarterly Financial Reports

Due 30 days after end of reporting quarter

5 days after receipt of COR comments

COR/ACOR

Quarterly Accruals Reports

Due 20 days before the end of each quarter

3 days after receipt of COR comments

COR/ACOR

Annual Performance Reports

Due November 15th of every Contract year

10 days after receipt of COR comments

COR/ACOR

Data Collection and Analysis Final Report

Due as part of Final Report

20 days after receipt of COR comments

COR/ACOR

Closeout Plan Due 3 months prior to Contract completion

20 days after receipt of CO comments

CO

Final Report Due 45 days before end date of Contract

20 days after receipt of COR comments

COR/ACOR

Property Inventory List

Due Annually and 180 days prior to Contract completion

10 days after receipt of COR comments

CO

Below please find more detailed information regarding the aforementioned reports or plans above:

F.5.1.1 WORK PLANS

All work plans must be developed through a multi-stakeholder co-design joint work planning workshop.

The Contractor must coordinate and host this workshop, in consultation with USAID. The first workshop must occur within 60 days of award. Subsequent workshops must be planned with sufficient time to submit annual workplans by August 15. The work plan must describe how the Contractor intends to organize work, both overall and by outcomes. Since the work plan must reflect the needs of the USAID/Nepal, the Contractor must consult with the COR, who will link the Contractor to other USAID staff as necessary for the purposes of consulting on work plan development. The Contractor may, in addition, propose other methods for obtaining USAID inputs to the work planning process. The work plan will be approved in writing by the COR.

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USAID/Nepal envisions very regular and close coordination between the Contractor, other Implementing Partners (IPs) working in similar areas, and the Government of Nepal (GoN). This could potentially include joint annual work plan development with the GoN, other development partners, and/or USAID IPs that share common objectives, as well as joint performance planning and reporting. The Contractor will be expected to maximize strategic coordination and collaboration with relevant partners and activities to the extent possible and reasonable.

The annual work plans must contain the following elements:

a. The specific activities and deliverables to be completed or delivered under each of the objectives including: 1) start and end dates; 2) the estimated inputs (STTA, LTTA, significant travel, major equipment or software, etc.) and the associated costs required for the activity/deliverable; 3) the person(s) or sub-contractor primarily responsible for completion of the activity/deliverable; and 4) the principal GoN counterpart(s) for each proposed activity/deliverable; and 5) the primary performance indicator(s) the activity/deliverable contributes to including, if applicable, its estimated contribution.

b. Graphic and/or narrative descriptions of the current progress status for each intermediate outcome and a succinct summary of anticipated accomplishments in the next implementation year. The anticipated accomplishment summaries should, when applicable, include a summary of relevant critical assumptions, including any specific GoN actions required for the relevant outcome to be achieved and any necessary support from USAID beyond the scope of its normal involvement in the Contract’s oversight and implementation.

c. Anticipated progress toward the evolving exit strategy.

d. A summary budget for the implementation year’s activities mapped to the activity and deliverable schedule referenced above in Section (a).

USAID will develop final submission and approval processes for each year’s Work Plan with the Contractor during the start-up phase of the activity and may, in consultation with the Contractor, adjust required elements of the work plans due to evolving needs.

It is expected that the draft work plan will be due within 30 days of completion of the multi-stakeholder co-design workshop. Subsequent annual work plans will be submitted on August 15th each year to cover the forthcoming fiscal year (October 1 – September 30). Annual work-plan development will be completed through collaborative multi-stakeholder joint workplanning workshops.

The Contractor must revise other plans linked to the Annual Work Plan such as the MEL Plan and Exit Strategy. The Contractor or COR may initiate recommendations for modification to the Annual Work Plan. The Annual Work Plan and modifications thereto are subject to written COR approval. The Annual Work Plan must be consistent with all Contract terms.

Sustainability Plan and Exit Strategy: This Activity will forge partnerships with public and private sector stakeholders that can leverage their expertise, assets, technologies, networks, and resources to achieve greater development impact, continuity, and sustainability. The Activity will support the strengthening of

22 | P a g e local institutions in line with USAID’s J2SR principles to sustain the implementation of actions to meet shared development goals. This must be captured in a Sustainability Plan and Exit Strategy drafted as part of the first Annual Work Plan and reported against in every Annual Report. USAID is interested in identifying local entities whose capacity to implement activities similar to Jal Jangal could be improved by the Contractor; these same entities can then become direct contractors or grant recipients in future. The Contractor is required to identify indicators and targets against the Jal Jangal (Freshwater and Forests) Activity Sustainability Plan and Exit Strategy and tracked and reported in the activity Monitoring and Evaluation Plan.

Flexibility: The Contractor must demonstrate flexibility and an ability to respond to immediate needs as well as adapt to uncertainties that may arise. As such, the Annual Work Plan is a flexible document, and in coordination with the COR, may be adjusted during the year in order to allow the Contractor and USAID to pause and reflect and then proceed after accounting for impediments that arise during implementation.

In addition, the COVID-19 pandemic led to the establishment of COVID-19 prevention and safety protocols. These include social distancing and lockdowns that have led to a non-traditional operating environment. The Contractor response must reflect operating in this environment and include in the work plan measures to address and mitigate expected challenges.

F.5.1.2 MONITORING, EVALUATION & LEARNING PLAN

The Contractor must develop, in collaboration with the COR, a Monitoring, Evaluation & Learning (MEL) Plan within 15 days after submitting the Final Year One Annual Work Plan. The MEL plan must expand upon the condensed MEL plan submitted during the solicitation phase. The MEL Plan must identify the required standard and custom (if any) indicators the Contractor will report to USAID to track progress, describe how the Contractor will comprehensively monitor activity performance and adapt its management accordingly, and describe the ways in which the Contractor will incorporate learning from the activity into implementation. The MEL Plan must include the life of the activity and estimated annual targets for each implementation year of the Contract.

The Contractor must draw from the following illustrative list of standard and custom indicators developed for biodiversity and climate change adaptation programming, and refer to the specific Natural Resources Safeguards and Security (NRSS) Indicators: In addition, the Contractor must track progress on at least two indicators that measure changes in the situational context or the outcomes of the proposed PWS.

● Number of hectares of biologically significant areas showing improved biophysical conditions as a result of USG assistance (EG.10.2-1);

● Number of laws, policies, regulations, or standards biodiversity conservation and/or other environmental themes officially proposed, adopted, or implemented as a result of USG assistance

(EG 10.2.-5);

● Number of agreements/cooperative actions to tackle transnational environmental crime implemented as supported by USG assistance (custom);

● Number of people that apply improved conservation law enforcement practices as a result of USG assistance (EG.10.2-6);

● Amount of legal trade in sustainably managed natural resources as supported by USG (custom);

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● Number of enterprises implementing sustainable practices or safeguards as supported by USG assistance (custom);

● Number of hectares under improved natural resource management, safeguards or sustainable practices as a result of USG assistance (custom);

● Number of people benefiting from adoption and implementation of measures to improve water resource management as a result of USG assistance (HL.8.5-1);

● Number of institutions with improved capacity to assess or address climate change risks supported by USG assistance (EG.11-2);

● Number of people using climate information or implementing risk-reducing actions to improve resilience to climate change as supported by USG assistance (EG.11-6);

● Number of hectares of biologically significant areas under improved natural resource management as a result of USG assistance (EG.10.2-2); and

● Number of people with improved economic benefits derived from sustainable natural resource management and/or biodiversity conservation as a result of USG assistance.

The Contractor can also propose additional custom indicators as appropriate. The MEL plan will be approved in writing by the COR.

Annex. The Contractor must address the following in an Annex to the MEL Plan:

(i) QASP: As indicated in Section E.3, the Contractor must submit a QASP as an Annex to the MEL Plan, which outlines what actions USAID/Nepal will take to conduct quality assurance; specifically, the proposed QASP will indicate what aspects of the PWS should be monitored, how those aspects should be monitored, and how often monitoring should occur to ensure standards are met. The Contractor is encouraged to review FAR Subpart 46.4. The plan must cover prevention and detection of any challenges and timely and positive corrective action.

The MEL Plan, including its QASP Annex, is a “living” document that must be discussed, reviewed, and updated regularly. As such, once approved, it should be updated as needed through the life of the activity, with review and approval from the COR.

The MEL Plan must align with USAID/Nepal’s Global Food Security Strategy Country Plan and the Mission CDCS PMP. It must include USAID Standard Foreign Assistance indicators (see http://www.state.gov/f/indicators), as well as customized outcome indicators to measure the quality and impact of activities undertaken in this award.

F.5.1.3 ENVIRONMENTAL MANAGEMENT AND MITIGATION PLAN (EMMP)

The Foreign Assistance Act of 1961, as amended, Section 117 requires that the impact of USAID activities on the environment be considered, and that USAID include environmental sustainability as a central consideration in designing and carrying out its development programs. This mandate is codified in Federal Regulations (22 CFR 216) and in the USAID Automated Directives Services (ADS) Parts 201.5.10g and 204 (http://www.usaid.gov/policy/ADS/200/), which, in part, require that the potential impacts of USAID-financed activities are identified prior to a final decision to proceed and that appropriate environmental safeguards are adopted for all activities.

http://www.state.gov/f/indicators

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No activity under this Contract will be implemented unless an environmental threshold determination, as defined by 22 CFR 216, has been reached for that activity, as documented in a Request for Categorical Exclusion (RCE), Initial Environmental Examination (IEE), or Environmental Assessment (EA) duly signed by the Bureau Environmental Officer (BEO). An IEE has been developed and approved for this Activity based on the SOO and illustrative interventions and a “negative determination” and “categorical exclusion” have been determined by the BEO. Any significant deviations from the activities evaluated in the original IEE will necessitate an amendment to the IEE which will be drafted by the Contractor and submitted to USAID for approval by a date determined in negotiation with the Contracting Officer Representative.

To ensure sound environmental management, the Contractor must develop within three months of activity inception an Environmental Mitigation and Monitoring Plan (EMMP) that includes an environmental review process for all GUCs and sub-contracts that must remain within scope of the IEE.

Any significant additions or changes to the scope of the activity requires an amendment to the IEE/ and/or Environmental Examination, per 22 CFR 216.

F.5.1.4 GRANTS UNDER CONTRACT MANUAL

The Contractor must submit a draft Grants under Contract (GUC) manual to USAID no later than 90 days after the effective date of the Contract, and a revised manual no later than 15 days after receiving USAID comments, if any.

At minimum, the GUC manual must include: 1) information on the source selection process; 2) a template for grant agreement; 3) the approach to and method of negotiating and administering the grants and ensuring compliance with applicable requirements; and 4) the approach to and method of engaging small-businesses/organizations, minority-owned businesses/organizations, and women-owned businesses/organizations in the GUC selection process. The contractor is encouraged to use performance-based incentive structures when possible. The GUC manual must also address how the Contractor will build the capacity of local organizations receiving GUCs in order to enable them to receive direct USG awards in the future.

In accordance with ADS 302.3.4.13.b (4), the same requirements that apply to USAID-executed grants (including the agency policies regarding construction activities in ADS 303, Grants and Cooperative Agreements to Non-Governmental Organizations, applicable standard provisions in ADS 303, and ADS 308, Awards to Public International Organizations) apply to grants that a USAID Contractor executes. The Contractor will be responsible to ensure that all grants are compliant with these provisions.

F.5.1.5 QUARTERLY PROGRESS REPORTS

The Contractor must submit quarterly progress reports to USAID, within 15 days after the end of the quarter being reported (April 30th, July 30th, and January 30th), reporting on activities conducted during the quarter, actual versus targeted results, and justifications for any major deviations of more than ten percent. The reports must include progress of major activities, problems encountered, and proposed remedial actions.

USAID will work with the Contractor to agree upon a reporting format, including special information to be

25 | P a g e presented in annexes of this report serving as a tool by which USAID/Nepal monitors the performance of the Contractor, as well as the context. Final details on the format of this report shall be developed in consultation with USAID upon award of the Contract.

F.5.1.6 QUARTERLY SUCCESS STORIES

The Contractor must provide USAID a concise quarterly success story on or before April 15th, July 15th, October 15th, and January 15th of each year following the issuance of this Contract and cover the preceding quarter (i.e., the quarterly success story covering January - March is due April 15). The quarterly success story must align with the priorities of the Indo-Pacific Vision (https://www.usaid.gov/indo-pacific-vision) and adhere to the branding and marking plans for this activity and broader initiative guidelines. Each success story must include at least one photo and whenever possible should include a focus on both individual and aggregate level impacts.

F.5.1.7 QUARTERLY FINANCIAL REPORTS

The Contractor must submit to the COR a financial report detailing actual costs against line items of the Contractor’s approved budget on or before April 30th, July 30th, October 30th, and January 30th of each year following the issuance of this Contract and cover the preceding quarter (i.e., the quarterly financial report covering January - March is due April 30th).

F.5.1.8 QUARTERLY ACCRUALS REPORTS

The Contractor must submit to the COR a financial report of estimated accrued expenditures. The COR will provide a template for this report. Reports are due to the COR 20 calendar days before the end of each quarter.

F.5.1.9 ANNUAL PERFORMANCE REPORTS

The Contractor must submit a concise annual report on or before November 15th of each year (due within 45 calendar days of the end of each fiscal year), reporting on activities conducted during the prior fiscal year, actual versus targeted results, and justifications for any major deviations of more than ten percent.

The reports must include progress of major activities; problems encountered and proposed remedial actions.

The annual report will typically replace the fourth quarterly report, except potentially within the first year.

USAID’s COR will work with the Contractor to agree upon a reporting format, including special information to be presented in annexes of this report serving as a tool by which USAID/Nepal monitors the performance of the Contractor, as well as the context. Final details on the format of this report shall be developed in consultation with USAID upon award of the Contract.

F.5.1.10 DATA COLLECTION AND ANALYSIS REPORTS

The Contractor must conduct a baseline and end-line survey which will collect critical information to measure the progress of the Jal Jangal (Freshwater and Forests) Activity. The content of the Data Collection and Analysis reports will be determined based on the finalized MEL Plan and in conjunction with USAID.

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The baseline survey and data collection and analysis report are due six months after Contract award. The end-line survey and data collection and analysis report are due as part of the final report.

F.5.1.11 CLOSEOUT PLAN

Three months prior to the completion date of the…