RFP 72044020R00001_IPS-C.pdf

72044020R00001

SOLICITATION, OFFER AND AWARD

4. TYPE OF SOLICITATION2. CONTRACT NUMBER 3. SOLICITATION NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)

ORDER UNDER DPAS (15 CFR 700)

6. REQUISITION/PURCHASE NUMBER

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

NEGOTIATED (RFP)

SEALED BID (IFB)

5. DATE ISSUED

1. THIS CONTRACT IS A RATED RATING PAGE OF PAGES

1 73

C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

10. FOR

INFORMATION

CALL:

CAUTION: LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

(Date)(Hour) local timeuntildepository located in copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the

SOLICITATION

9. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTRS., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

I

J

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICES/COSTS

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

H

G

F

E

D

C

B

A

SEC. DESCRIPTION PAGE(S) (X) DESCRIPTION SEC. (X)

11. TABLE OF CONTENTS

18. OFFER DATE17. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

15C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

15B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER15A. NAME

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

14. ACKNOWLEDGEMENT OF AMENDMENTS

CALENDAR DAYS (%)30 CALENDAR DAYS (%)20 CALENDAR DAYS (%)10 CALENDAR DAYS (%)

(See Section I, Clause No. 52.232.8)

13. DISCOUNT FOR PROMPT PAYMENT

designated point(s), within the time specified in the schedule.

by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

28. AWARD DATE

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA

25. PAYMENT WILL BE MADE BYCODE 24. ADMINISTERED BY (If other than Item 7)

ITEM

(4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

41 U.S.C. 253 (c) ( 10 U.S.C. 2304 (c) (

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

21. ACCOUNTING AND APPROPRIATION20. AMOUNT19. ACCEPTED AS TO ITEMS NUMBERED

AWARD (To be completed by government)

CODE

REQ-440-20-000017

X

1600 G

Van Trinh vantrinh@usaid.gov

PAGE(S)

26. NAME OF CONTRACTING OFFICER (Type or print)

Suzanne H. Johnson

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

12. In compliance with the above, the undersigned agrees, if this offer is accepted within ______________ calendar days (60 calendar days unless a different period is inserted

USAID/Vietnam 15/F, Tung Shing Square 2 Ngo Quyen Street Hoan Kiem District Hanoi,Vietnam

4/27/2020

Solicitation No. 72044020R00001 USAID Improving Private Sector Competitiveness

TABLE OF CONTENTS

PART I – THE SCHEDULE 5

SECTION B – SERVICES AND PRICE/COSTS 5

B.1 PURPOSE 5

B.2 CONTRACT TYPE AND CONTRACT SERVICES 5

B.3 ESTIMATED COST, FIXED FEE, AND OBLIGATED AMOUNT 5

B.4 CONTRACT BUDGET 5

B.5 INDIRECT COSTS (DEC 1997) 5

B.6 ADVANCE UNDERSTANDING ON CEILING INDIRECT COST RATES AND FINAL

REIMBURSEMENT FOR INDIRECT COSTS 6

B.7 COST REIMBURSABLE 6

B.8 PAYMENT OF FIXED FEE 7

SECTION C – DESCRIPTION/SPECIFICATIONS/PERFORMANCE WORK STATEMENT 8

SECTION D – BRANDING AND MARKING 9

SECTION E – INSPECTION AND ACCEPTANCE 11

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 11

E.2 INSPECTION AND ACCEPTANCE 11

E3. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP) 11

SECTION F – DELIVERIES OR PERFORMANCE 12

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 12

F.2 PERIOD OF PERFORMANCE 12

F.3 PLACE OF PERFORMANCE 12

F.5 PERFORMANCE STANDARDS 12

F.6 AUTHORIZED WORK WEEK 12

F.7 REPORTS AND DELIVERABLES 12

F.8 KEY PERSONNEL 17

SECTION G – CONTRACT ADMINISTRATION DATA 19

G.1 CONTRACTING OFFICER’S AUTHORITY 19

G.2 AIDAR 752.7003 DOCUMENTATION FOR PAYMENT (NOV 1998) 19

G.3 CONTRACTING OFFICER’S REPRESENTATIVE (COR) 20

G.4 PAYING OFFICE 20

G.5 ACCOUNTING AND APPROPRIATION DATA 20

G.6 TECHNICAL DIRECTIONS/RELATIONSHIP WITH USAID 21

G.7 CONTRACTOR’S PRIMARY POINT OF CONTACT 22

G.8 CONTRACTOR’S PAYMENT ADDRESS 22

SECTION H – SPECIAL CONTRACT REQUIREMENTS 23

H.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 23

H.2 AIDAR 752.225-70 SOURCE AND NATIONALITY REQUIREMENTS (FEB 2012) 23

H.3 ADS 302.3.5.19 USAID-FINANCED THIRD-PARTY WEB SITES ( NOV 2017) 24

H.4 ADS 302.3.5.21 SUBMISSION OF DATASETS TO THE DEVELOPMENT DATA LIBRARY

(DDL) (OCT 2014) 25

H.5 AIDAR 752.7004 EMERGENCY LOCATOR INFORMATION (JUL 1997) 26

H.6 AIDAR 752.7007 PERSONNEL COMPENSATION (JUL 2007) 26

H.7 ADDITIONAL REQUIREMENTS FOR PERSONNEL COMPENSATION 26

H.8 AIDAR 752.7031 LEAVE AND HOLIDAYS (OCT 1989) 27

H.9 AIDAR 752.228-70 MEDICAL EVACUATION (MEDEVAC) SERVICES (JUL 2007) 29

H.10 AIDAR 752.222-70 USAID DISABILITY POLICY (DEC 2004) 29

H.11 AUTHORIZED GEOGRAPHIC CODE 30

H.12 EXECUTIVE ORDERS ON TERRORISM FINANCING 30

H.13 GOVERNMENT FURNISHED FACILITIES OR PROPERTY 30

H.14 FOREIGN GOVERNMENT DELEGATIONS TO INTERNATIONAL CONFERENCES 30

H.16 LANGUAGE REQUIREMENTS 31

H.17 AIDAR 752.7032 INTERNATIONAL TRAVEL APPROVAL AND NOTIFICATION

REQUIREMENTS (APR 2014) 31

H.18 ENVIRONMENTAL COMPLIANCE 31

H.19 DEFENSE BASE ACT (DBA) INSURANCE 32

H.20 SPECIAL REQUIREMENTS ADS 225 33

H.21 CONSENT TO SUBCONTRACT 34

H.22 LIMITATION ON ACQUISITION OF INFORMATION TECHNOLOGY (DEVIATION NOs.

M/OAA-DEV-FAR-18-2c and M/OAA-DEV-AIDAR-18-2c) (APRIL 2018) 34

H.23 ELECTRONIC PAYMENT SYSTEM (AUG 2014) 35

H.24 RESTRICTIONS AGAINST DISCLOSURE (MAY 2016) 36

PART II – CONTRACT CLAUSES 37

SECTION I 37

I.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 37

I.2 AIDAR 752.252-2 AIDAR CLAUSES INCORPORATED BY REFERENCE (MAR 2015) 39

I.3 FAR 52.204-1 APPROVAL OF CONTRACT (DEC 1989) 40

I.5 FAR 52.229-8 TAXES – FOREIGN COST-REIMBURSEMENT CONTRACTS (MAR 1990) 42

I.6 AIDAR 752.209-71 ORGANIZATIONAL CONFLICTS OF INTEREST DISCOVERED AFTER

AWARD (JUN 1993) 42

I.7 AIDAR 752.242-70 PERIODIC PROGRESS REPORTS (OCT 2007) 43

I.9 AIDAR 752.7025 APPROVALS (APR 1984) 45

I.10 AIDAR 752.7101 VOLUNTARY POPULATION PLANNING ACTIVITIES (JUNE 2008) 45

I.11 AIDAR 752.229-71 REPORTING OF FOREIGN TAXES (JULY 2007) 45

I.12 AIDAR 752.222-71 NONDISCRIMINATION (JUNE 2012) 46

I.13 AIDAR 752.231-72 CONFERENCE PLANNING AND REQUIRED APPROVALS (AUG 2013)

I.14 AIDAR 752.7036 USAID IMPLEMENTING PARTNER NOTICES (IPN) PORTAL FOR

ACQUISITION (JUL 2014) 47

I.15 AIDAR 752.7037 CHILD SAFEGUARDING STANDARDS (AUG 2016) 48

I.16 FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) 49

PART III – LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS 50

SECTION J – LIST OF ATTACHMENTS 50

PART IV – REPRESENTATIONS AND INSTRUCTIONS 51

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE 51

K.2 FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2020) 51

K.3 FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019) 53

K.4 FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015) 54

K.5 FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) 56

K.6 FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX

LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016) 56

K.7 FAR 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS-

CERTIFICATION (JUN 2018) 57

K.8 FAR 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999) 58

K.9 FAR 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984) 58

K.10 FAR 52.230-1 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION (OCT

2015) 58

K.11 FAR 52.230-7 PROPOSAL DISCLOSURE—COST ACCOUNTING PRACTICE CHANGES

(APR 2005) 60

K.12 INSURANCE—IMMUNITY FROM TORT LIABILITY 60

K.13 AUTHORIZED NEGOTIATORS 60

K.14 SIGNATURE 61

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS 62

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

L.2 FAR 52.216-1 TYPE OF CONTRACT (APR 1984) 62

L.3 FAR 52.233-2 SERVICE OF PROTEST (SEP 2006) 62

L.4 GENERAL INSTRUCTIONS TO OFFERORS 63

L.5 SUBMISSION INSTRUCTIONS 63

L.6 INSTRUCTIONS FOR THE PREPARATION OF THE TECHNICAL PROPOSAL 65

L.7 INSTRUCTIONS FOR THE PREPARATION OF THE COST/BUSINESS PROPOSAL 69

SECTION M – EVALUATION FACTORS FOR AWARD 73

M.1 GENERAL INFORMATION 73

M.2 TECHNICAL EVALUATION CRITERIA 73

M.3 COST/BUSINESS PROPOSAL EVALUATION 74

M.4 DETERMINATION OF COMPETITIVE RANGE 75

M.5 SOURCE SELECTION 75

PART I – THE SCHEDULE

SECTION B – SERVICES AND PRICE/COSTS

B.1 PURPOSE

The purpose of this contract is to provide technical assistance and other services to build the competitiveness of small and growing businesses in Vietnam, as described in detail in the Performance Work Statement specified in Section C for the implementation of USAID/Vietnam’s program entitled “Improving Private Sector Competitiveness Program (IPS-C).”

B.2 CONTRACT TYPE AND CONTRACT SERVICES

This is a Cost Plus Fixed Fee (CPFF) Completion Contract. For the consideration set forth below, the Contractor must provide the deliverables and outputs described in Section F to accomplish the goals and objectives set forth in Section C and in accordance with the performance standards specified in Section E.

The Contractor must also comply with all other contract requirements.

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, if any, is $_________ The fixed fee for the contract period, if any, is $_________. The estimated cost plus all fixed fee, if any, is $___________.

b) Within the estimated cost plus fixed fee (if any) specified in paragraph (a) above, the amount currently obligated and available for reimbursement of allowable costs incurred by the Contractor (and payment of fee, if any) for performance hereunder is $__________. The Contractor must not exceed the aforesaid obligated amount.

c) Funds obligated hereunder are anticipated to be sufficient through _____________. Funding for this contract will be on an incremental basis, subject to the availability of funds.

B.4 CONTRACT BUDGET

The budget for this contract is as follows:

Cost Category Total Estimate ($)

1) Direct Costs TBD

2) Indirect Costs TBD

Total Estimated Cost TBD Fixed Fee TBD Total Estimated Cost Plus Fixed Fee TBD

These amounts may not be adjusted without a written modification signed by the Contracting Officer. The contractor will not bill any amounts against this contract in excess of the amounts specified for each line item as illustrated above.

B.5 INDIRECT COSTS (DEC 1997)

For the Prime Contractor:

Pending establishment of revised provisional or final indirect cost rates, allowable indirect costs must be reimbursed on the basis of the following negotiated provisional or predetermined rates and the appropriate bases:

Description Rate Base Type Period

TBD % 1/ 1/ 1/

1/ Base of Application:

Type of Rate:

Period:

For Major Subcontractor(s):

Pending establishment of revised provisional or final indirect cost rates, allowable indirect costs will be reimbursed on the basis of the following negotiated provisional or predetermined rates and the appropriate bases:

Description Rate Base Type Period

TBD % 1/ 1/ 1/

1/ Base of Application:

Type of Rate:

Period:

B.6 ADVANCE UNDERSTANDING ON CEILING INDIRECT COST RATES AND FINAL

REIMBURSEMENT FOR INDIRECT COSTS

a) The Contractor must make no change in its established method of classifying or allocating indirect costs without the prior written approval of the Contracting Officer.

b) Reimbursement for indirect costs must be at the lower of the negotiated final (or predetermined) rates or the following ceiling rates:

Description Rate Base Type Period

TBD % 1/ 1/ 1/

1/ Base of Application:

Type of Rate:

Period:

c) The Government will not be obligated to pay any additional amount should the final indirect cost rates exceed the negotiated ceiling rates. If the final indirect cost rates are less than the negotiated ceiling rates, the negotiated rates will be reduced to conform to the lower rates.

d) This advance understanding must not change any monetary ceiling, obligation, or specific cost allowance or disallowance. Any changes in classifying or allocating indirect costs require the prior written approval of the Contracting Officer.

B.7 COST REIMBURSABLE

The U.S. dollar costs allowable will be limited to reasonable, allocable, and necessary costs determined in accordance with FAR § 52.216-7, “Allowable Cost and Payment,” FAR § 52.216-8, Fixed Fee, if applicable, FAR § 52.232-20, “Limitation of Cost,” and FAR § 52.232-22, “Limitation of Funds,” if applicable, and AIDAR 752.7003, “Documentation for Payment.”

B.8 PAYMENT OF FIXED FEE

Payment of fixed fee will be made upon receipt of a proper invoice and shall directly correspond to the percentage of allowable costs being paid. Specifically, in accordance with FAR 52.216-8, Fixed Fee, the Contracting Officer (CO) will withhold 15% of the total fee or $100,000.00, whichever is less, until the required award conditions under the referenced clause have been met.

Two exceptions to paying fixed fee in this manner apply:

(a) If the CO determines that this method results in paying a disproportionately higher ratio of fixed fee than the percentage of work that the Contractor has completed, then the CO may suspend further payment of any fixed fee until the Contractor has made sufficient progress to justify further payment, up to the agreed percentage.

(b) The clauses entitled “Allowable Cost and Payment” (FAR 52.216-7) and “Fixed Fee” (FAR 5.216-8 are incorporated into this contract.

[END OF SECTION B]

SECTION C – DESCRIPTION/SPECIFICATIONS/PERFORMANCE WORK STATEMENT

[USAID will insert the contractor’s Performance Work Statement (PWS) at award; see SECTION J, ATTACHMENT J.1 – STATEMENT OF OBJECTIVES (SOO) that informs the development of Section C.]

[The Performance Work Statement must address the following items:

● The anticipated risks with regard to achieving the anticipated objectives of the contract and how they will be mitigated;

● Discussion of activities to ensure compliance with branding and marking requirements;and

● The strategies and approaches the activity will adopt in coordinating and collaborating with other

USAID activities/projects, relevant host country governments and other line agencies, local governments, private sector, and other relevant stakeholders implementing projects in the same areas of intervention and geographic locations.]

[END OF SECTION C]

SECTION D – BRANDING AND MARKING

D.1 USAID BRANDING POLICY

The contractor must comply with the requirements of the USAID “Graphic Standards Manual” available at http://www/usaid.gov/branding, and ADS 320, or any successor branding policy.

D.2 USAID BRANDING STRATEGY

Activity Name: USAID Improving Private Sector Competitiveness. There will be no acronym of this title.

How the USAID logo will be positioned on materials and communications: All USAID logos on materials and communications produced under this contract will be positioned in accordance with the standardized USAID regulations on branding. In cases when the activity is jointly sponsored with other US Government (USG) and non-USG entities, the names and/or logos of these entities will be mentioned in the branding, with an equal level of prominence to the USAID logo.

Desired level of visibility: All branding must comply with the standardized USAID regulations on branding.

All branding for USAID, its partners, and other USG and non-USG entities engaged in a specific activity implemented under this contract, must have equal representation on all public or internal documentation, publications, advertising, presentations, brochures, etc.

Other organizations to be acknowledged: When activities occur in coordination with other USG or non- USG partners, acknowledgement of the contribution and efforts of these organizations will be included in any relevant public or internal documentation, publications, advertising, presentations, brochures, etc.

D.3 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.4 BRANDING IMPLEMENTATION PLAN (BIP) AND MARKING PLAN (MP)

A Branding Implementation Plan and Marking Plan is developed by prospective contractors to describe how the program will be promoted to beneficiaries and host-country citizens. It outlines the events (press conferences, site visits, etc.) and materials (success stories, Public Service Announcements [PSAs], etc.)

the contractor will organize and produce to assist USAID in delivering the message that the assistance is from the American people. USAID policy requires that BIP must specifically address the following:

http://www/usaid.gov/branding

(a) How to incorporate the message, “This assistance is from the American people,” in communications and materials directed to beneficiaries, or provide an explanation if this message is not appropriate or possible.

(b) How to publicize the program, project, or activity in the host-country and a description of the communications tools to be used. Such tools may include the following: Press releases, Press conferences, Media interviews, Site visits, Success stories, Beneficiary testimonials, Professional photography, Public Service Announcements (PSAs), Videos, and Webcasts, e-invitations, or other emails sent to group lists, such as participants for a training session blast emails or other Internet activities, etc.

(c) The key milestones or opportunities anticipated to generate awareness that the program, project, or activity is from the American people, or an explanation if this is not appropriate or possible. Such milestones may be linked to specific points in time, such as the beginning or end of a program, or to an opportunity to showcase publications or other materials, research findings, or program success. These include, but are not limited to, the following: Launching the program, Announcing research findings, Publishing reports or studies, Spotlighting trends, Highlighting success stories, Featuring beneficiaries as spokespeople, Showcasing before-and-after photographs, Marketing agricultural products or locally-produced crafts or goods, Securing endorsements from ministry or local organizations, Promoting final or interim reports, and Communicating program impact/overall results (ADS302).

[USAID will insert the contractor’s Branding Implementation Plan and Marking Plan as an attachment to the contract at award.]

[END OF SECTION D]

SECTION E – INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

In accordance with FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract, the following contract clauses are hereby incorporated by reference, with the same force and effect as if they were given in full text. See http://acquisition.gov/far/index.html for electronic access to the full text of a clause.

NUMBER TITLE DATE

FAR (48 CFR Chapter 1)

52.204-14 SERVICE CONTRACT REPORTING

REQUIREMENTS OCT 2016

52.246-5 INSPECTION OF

SERVICES--COST-REIMBURSEMENT APR 1984

E.2 INSPECTION AND ACCEPTANCE

USAID inspection and acceptance of services, reports and other required deliverables or outputs shall take place at principal place of performance (Vietnam) or at any other location where the services are performed and reports and deliverables or outputs are produced or submitted. Unless otherwise stated, the designated Contracting Officer's Representative (COR) has been delegated authority to inspect and accept all services, reports and required deliverables or outputs.

E3. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

The progress, success, and impact of the contractor’s performance under this contract will be monitored and evaluated 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. The QASP may require modification and/or updates after selection for award to reflect the contractor’s known strengths and weaknesses. The QASP is a “living” monitoring process that should be discussed, reviewed, and updated regularly but no less than on an annual basis. It is based on the premise that the contractor, not the Government, is responsible for managing and ensuring that quality controls meet the terms of the contract.

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 a component of the Activity.

[END OF SECTION E]

http://acquisition.gov/far/index.html

SECTION F – DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

In accordance with FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract, the following contract clauses are hereby incorporated by reference, with the same force and effect as if they were given in full text. See http://acquisition.gov/far/index.html and http://www.usaid.gov/sites/default/files/documents/1868/aidar_0.pdf for electronic access to the full text of a clause.

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

NUMBER TITLE DATE

52.242-15 STOP-WORK ORDER AUG 1989

ALTERNATE I APR 1984

F.2 PERIOD OF PERFORMANCE

The period of performance is five (5) years, from TBD through TBD.

F.3 PLACE OF PERFORMANCE

The place of performance is Vietnam.

F.5 PERFORMANCE STANDARDS

USAID will evaluate the Contractor’s performance in accordance with FAR 42.15, corresponding USAID procedures, the performance standards and the PWS set forth under Section C, as well as the Contractors QASP. Reviews will be conducted jointly by the COR and the Contracting Officer and will form the basis of the Contractor’s permanent performance record under this contract.

F.6 AUTHORIZED WORK WEEK

The standard work week is from Monday through Friday. No overtime or premium pay is authorized under this Contract. The Contractor is authorized up to a five-day work week for long-term staff. A six-day work week may be authorized on a case by case basis with the prior written approval of the designated Contracting Officer’s Representative (COR).

F.7 REPORTS AND DELIVERABLES

In addition to the requirements set forth in the submission of reports in Sections I and J and in AIDAR Clause 752.242-70, Periodic Progress Reports, the Contractor must deliver the following reports, plans, and other documents listed below for the approval of the Contracting Officer’s Representative (COR).

REPORTS/DELIVERABLES SCHEDULE

Section No.

Report/Deliverable Date Due

1. Annual Work Plan Within 90 days of the contract award date covering the period from contract award date through September 30, 2021 and by September 30 for subsequent years of the contract.

Section No.

Report/Deliverable Date Due

2. Monitoring, Evaluation and Learning (MEL) Plan

Within 90 days of the contract award date.

3. Rapid Targeted Baseline Assessment Comprehensive Baseline Assessment

Within ninety days (90) of the contract award date .

Within ninety days (90) of project approval by the

GVN.

4. Gender Assessment Within one hundred and eighty (180) days of the contract award date

5. Quarterly Progress and Financial Report

Within thirty (30) days following the end of each quarter.

6. Quarterly Accruals Submitted no later than fifteenth (15th) day before the completion of each quarter.

7. Annual Progress Report The Fourth Quarterly Progress Report must constitute the Annual Progress Report and said report is due on or before October 31 of each year.

8. Ad-Hoc Reports As requested by the COR.

9. Weekly highlights and Events Calendar

Weekly updates via email to the COR.

10. Short-Term Consultant Reports.

Technical Reports and Developed Materials

Submitted within 10 days following the departure of a consultant. The full documents and, if prepared in Vietnamese, English summaries must be provided to the COR when finalized.

Submitted to the COR on a Quarterly basis.

11. Demobilization Plan 180 days prior to the end of the contract.

12. Final Report No later than thirty (30) days prior to the end-date of the contract.

The Contractor will allow at least 10 business days for review and comments from the COR on any draft report submission. All reports and plans are subject to written approval by the COR, except for the Closeout plan and the Property Disposition plan, which are subject to Contracting Officer’s approval.

1. Annual Work Plan

The Annual Work Plan (AWP) will form the basis for activities to be initiated in each year of the contract.

For the purpose of the Annual Work Plan, “Annual” is defined according to the U.S. Government fiscal year.

Within 90 days of the contract award date, the Contractor must submit an annual work plan covering the period from the contract award through September 30, 2021 (the first fiscal year end following award). This work plan must include a description of the activities the Contractor intends to implement during the first year, including plans for mobilization and preparation of the project document for approval by the Government of Vietnam (GVN). The Annual Work Plan for subsequent years of the contract must be submitted to USAID/Vietnam by September 30 of each year.

The COR will collaborate with the Contractor, and consult with key Vietnamese stakeholders, in determining appropriate activities for each year. The Contractor must consult with MPI, VWU and other relevant stakeholders during the development of the activities for the Work Plan. The COR will review the AWP and provide comments within two weeks of receipt. The Contractor must incorporate these comments and provide a revised version within one week of receiving USAID’s comments.

At a minimum, the Work Plan will include:

● A detailed description of the proposed interventions for the given year. It will include the activities, work locations, partners, timeframe and expected outputs. The narrative must communicate the rationale behind the activities (how they will contribute to expected outcomes) and a timeframe for when activities will commence and end.

● Descriptions and explanations regarding environmental requirements for planning, monitoring and mitigation of negative environmental impacts;

● Corresponding schedule depicted on a Gantt chart and level of effort required to complete the interventions; and

● The identification of any assumptions used in preparing the work plan, as well as suggested alternatives if necessary and the methods to assess whether the assumptions hold true.

Modifications that respond to changed conditions may be made; however, major modifications to each Annual Work Plan are subject to the approval of the COR.

2. Activity Monitoring, Evaluation and Learning (AMELP)

Within 90 days of the contract award, a draft version of the AMELP must be submitted (together with the AWP). USAID must review the draft and provide comments within 30 days after receipt of the draft AMELP. The Contractor must submit a final AMELP no later than 15 days after receipt of comments from USAID. The AMELP must be updated and revised as needed in collaboration with USAID. The AMELP will include specific benchmarks and indicators for measuring progress for all activities that are ongoing, including results outlined in the Performance Work Statement, risks and assumptions set forth in the risk analyses, and USAID/Vietnam’s overall Performance Monitoring Plan along with additional benchmarks and indicators developed by the contractor.

Additionally, the AMELP must address how the Contractor will monitor and collect data on private sector engagement including: (1) Description of where private sector contributions have been sought and received, and how these contributions have contributed to the achievement of the overall objectives; (2) Report on the value of private sector contributions (by the quarter, and cumulatively - both financial and in-kind).

The plan will specify how data will be collected and analyzed. The AMELP will also highlight how data collected will show the influence and effectiveness of program approaches and methodologies employed and how the data will contribute toward enhancing understanding of promising practices in the sector. All data should be disaggregated by gender, ethnic minority, disability, and age, whenever applicable.

3. Baseline Assessment Within ninety days (90) of the contract award date, the contractor must engage a third party to complete a rapid targeted baseline assessment. This will be followed by a more comprehensive baseline assessment that will be used as a basis for evaluating impact of interventions over the life of the activity. The comprehensive baseline assessment must be completed within 90 days of project approval by the GVN.

The Contractor must provide updates on the baseline assessment over the course of implementation and consider the implications of this assessment for project interventions in quarterly reports or in discussion with the COR.

4. Gender Assessment Within one hundred and eighty days (180) of contract award, the contractor must complete a gender assessment. This assessment will enable the Contractor to apply a gender lens to project implementation, so that gender mainstreaming is integrated not only at the interventions level but also at the project management level.

5. Quarterly Progress and Financial Report The Contractor must submit a combined Quarterly Progress and Financial Report no later than thirty (30) days following the end of each fiscal quarter. The reports must be no more than twenty (25) pages (exclusive of Annexes) and reflect the structure of the Annual Work Plan and address at least the following points:

● Technical implementation: (a) activities completed under each planned intervention; (b) activities to be undertaken in the following quarter; (c) outputs accomplished and results realized in the quarter; (d) aggregate outputs accomplished and results realized since project inception; (e) challenges during the implementation period and proposed solutions; (f) demonstration of steps taken to analyze the Contractor’s own progress against desired results and to devise solutions, propose course corrections, and identify whether new stakeholders should be engaged to ensure program success; and, (g) collaboration and coordination with other relevant USAID and donor activities and GVN.

● Private Sector Engagement: (a) description of where private sector contributions have been sought and received, and how these contributions have contributed to the achievement of the overall objectives; and (b) report on the value of private sector contributions (by the quarter, and cumulatively - both financial and in-kind).

● Financial section: (a) total funds committed by date by USAID into the Contract; (b) total funds expended by the Contractor to date, including a breakdown to the budget categories provided in the Contractor’s cost proposal and between Technical and Administrative services, with additional detail to be provided upon request by the CO; (c) Pipeline (committed funds minus expended funds); and (d) Budget execution, clearly showing actual versus planned expenditures, and a forecast of the expenditures for the remainder of the project;

● In annex, list of media clips associated with completed activities in the quarter;

● In annex, electronic and hard copies of all reports, success stories, and other relevant documents prepared during the quarter.

6. Quarterly Accruals Accruals must be submitted no later than the fifteenth (15th) day before the completion of each quarter.

7. Annual Progress Report The fourth Quarterly Progress Report must constitute the Annual Progress Report. It is due to USAID/Vietnam on October 31 of each year. It must be a comprehensive narrative report summarizing the previous year’s activities and accomplishments using the Annual Work Plan as a starting point, and will serve as a key tool by which USAID/Vietnam monitors the performance of the Contractor. The report must include:

● Status of personnel, project activities, and summary of services delivered and progress towards achieving results identified in the Statement of Work.

● Progress and/or issues pertaining to cross cutting issues such as gender, social inclusion, and environmental compliance

● Documentation of both successes and failures of the interventions, reasons for shortcomings, and recommended actions to overcome them.

● Updated risk assessment examining the project’s critical assumptions and associated risks, and recommended changes based on monitoring results.

● For each action, the Contractor must designate responsible parties and establish a timeframe for completion.

The report must also include Annexes as follows:

● A comparison of project accomplishments to date vs. project benchmark and overall objectives, using qualitative and quantitative data as appropriate.

● Annual financial status reports.

● Project bibliography including reports prepared by Contractor and others.

● A list of all technical assistance activities, including specialist name, purpose and duration of consultation, achievements, and problems encountered.

● A list of all in-country workshops, forums, training organized and numbers of participants.

● A list of equipment and materials purchased, including items purchased, destination of equipment, and amount expended.

8. Ad-hoc reports The Contractor must be prepared to submit ad hoc reports on the status of its interventions as requested by the COR. The reason for such ad hoc requests may be, for example, for purposes of annual reporting, Congressional requests, strategic planning, VIP visitors, etc.

9. Weekly Highlights and Events Calendar The Contractor must provide, by email to the COR, weekly bullet points to highlight noteworthy interventions, studies, events, workshops or conferences, as well as upcoming key dates/events that the COR should be aware of.

10. Short-Term Consultant Reports, Technical Reports, and Developed materials The Contractor must provide copies of all technical reports including analyses, policy recommendations, comparative studies, etc. to the COR on a quarterly basis or as these are developed. The Contractor must submit copies to USAID/Vietnam of selected materials developed under the project including but not limited to, course curricula and training materials; conference reports; and procedure and operating manuals. For reports and materials in Vietnamese, the Contractor must provide a detailed summary, including key recommendations and findings.

11. Demobilization Plan The Contractor must submit a Demobilization Plan to the COR for approval within six (6) months prior to the end of the Contract. The Demobilization Plan must include an illustrative Property Disposition Plan, a plan for the phase-out of in-country operations, a delivery schedule for all reports or other deliverables required under the Contract and a timetable for completing all required actions in the Demobilization Plan, including the submission date of the final Property Disposition Plan to the Contracting Officer. Both the illustrative and final Property Disposition Plan must include the inventory schedule required by FAR 52.245-5, a plan for the disposition of property to eligible parties and a timeline for the disposition of such property. In addition, the Contractor must describe how all required prime and sub-award audits must be conducted after the demobilization of the Contractor.

12. Final Report At least thirty (30) days prior to the end of the contract, the Contractor must prepare and submit one electronic version (as a single MS Word file) of the Contract Completion Report to the COR. The Final Report will cover the entire period of the award. At a minimum the Final Report will include:

● An overall description of all outputs, interventions completed, benchmarks achieved (as measured by performance indicators included in the AMELP and the significance of these interventions to the attainment of the Program’s objectives;

● Accomplishments against the approved annual work plans, including overall Program results per impact indicator;

● Description of how the cross-cutting issues were addressed in implementation;

● Summary of Success Stories;

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

● Sustainability of the interventions after the Program ends;

● Comments or recommendations where follow-up work by USAID and other entities could reinforce and further consolidate achieved results under the contract;

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

● An index of all reports and informational products produced under this contract; and

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

Along with the Completion Report, an electronic depository will be submitted, containing all written documents, reports and presentations. The depository must be organized in a user-friendly system.

F.7 DELIVERABLE SUBMISSION

All written documentation (correspondence, reports, information sheets, updates) submitted to USAID must be written in professional-level English. Reports must be submitted electronically unless otherwise agreed or directed by USAID. In addition to the reports outlined above and elsewhere in this contract, the fluid nature of the planned activity may require the Contractor to respond quickly to information requests, often with little preparation time.

F.8 KEY PERSONNEL

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

1. Chief of Party

2. Deputy Chief of Party

3. TBD

(Requirements/qualifications and responsibilities for each key position will be incorporated upon contract award)

1. Chief of Party:

Roles and responsibilities:

(proposed by offeror and to be incorporated upon contract award)

Minimum qualifications:

● Prior experience as a Chief of Party, or similar position, for large complex economic development activities.

● An advanced degree in economics or related studies and at least eight years’ experience in economic development/trade/value chain competitiveness initiatives, or a bachelor’s degree in a related field and ten years’ experience in economic development or similar programming.

● Demonstrated experience in coordinating and cooperating with a wide range of stakeholders, including government officials, private sector businesses, associations, and civil society organizations.

● Demonstrated ability to be collaborative, flexible and creative.

● Fluent in English.

2. Deputy Chief of Party:

Roles and responsibilities:

(proposed by offeror and to be incorporated upon contract award)

Minimum qualifications:

● An advanced degree in economics or related studies and at least five years’ experience in economic development/trade/value chain competitiveness initiatives, or a bachelor’s degree in a related field and seven years’ experience in economic development or similar programming.

● Demonstrated track record of creating and maintaining effective working relations with government officials.

● Fluent in Vietnamese.

3. TBD

Roles and responsibilities:

(proposed by offeror and to be incorporated upon contract award)

Minimum qualifications:

(proposed by offeror and to be incorporated upon contract award)

(b) The personnel specified above are considered to be essential to the work being performed hereunder.

The Contractor must remain responsible for providing such key personnel for full-time performance for the term of this contract unless otherwise agreed by the Contracting Officer. Prior to replacing any of the specified individuals, the Contractor shall immediately notify both the Contracting Officer and USAID Contracting Officer’s Representative reasonably in advance and shall submit written justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the activity. No replacement will be made by the Contractor without the written consent of the Contracting Officer.

[END OF SECTION F]

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 CONTRACTING OFFICER’S AUTHORITY

The Contracting Officer is the only person authorized to make or approve any changes in the requirements of this Contract and notwithstanding any provisions contained elsewhere in this Contract, the said authority remains solely in the Contracting Officer. In the event the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment must be made in the contract terms and conditions, including cost/price.

All questions concerning the administration of this award must be sent to the Contracting Officer. It is the responsibility of the Contractor to inform the Contracting Officer of requests that affect any and all sections of this award. The Contracting Officer is located at:

USAID/Vietnam Office of Acquisition and Assistance (OAA) 15/F Tung Shing Building #2 Ngo Quyen Street, Hanoi, Vietnam

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

(a) Claims for reimbursement or payment under this contract must be submitted to the Paying Office indicated in the schedule of this contract. The Contracting Officer’s Representative (COR) is the authorized representative of the Government to approve vouchers under this contract. The Contractor must submit either paper or fax versions of the SF-1034--Public Voucher for Purchases and Services Other Than Personal. Each voucher shall be identified by the appropriate USAID contract number, in the amount of dollar expenditures made during the period covered.

(1) The SF 1034 provides space to report by line item for products or services provided. The form provides for the information to be reported with the following elements:

TOTAL EXPENDITURES (Document Number XXX-X-XX-XXXX-XX)

TOTAL

EXPENDITURES

(Document Number:

XXX-X-XX-XXXX)

Line Item Description Amount Vouchered to Date

Amount Vouchered This Period

0001 Product/Service Desc.

For Line Item 0001

$XXXX.XX $XXXX.XX

0002 Product/Service Desc.

For Line Item 0002

$XXXX.XX $XXXX.XX

TOTAL $XXXX.XX $XXXX.XX

(2) The fiscal report shall include the following certification signed by an authorized representative of the Contractor:

“The undersigned hereby certifies to the best of my knowledge and belief that the fiscal report and any attachments have been prepared from the books and records of the Contractor in accordance with the terms of this contract and are correct: the sum claimed under this contract is proper and due, and all the costs of contract performance (except as herewith reported in writing) have been paid, or to the extent allowed under the applicable payment clause, will be paid currently by the Contractor when due in the ordinary course of business; the work reflected by these costs has been performed, and the quantities and amounts involved are consistent with the requirements of this Contract; all required Contracting Officer approvals have been obtained; and appropriate refund to USAID will be made promptly upon request in the event of disallowance of costs not reimbursable under the terms of this contract.”

BY: ______________________________________________________

TITLE: _____________________________________________________

DATE: _____________________________________________________

(b) Local currency payment. The Contractor is fully responsible for the proper expenditure and control of local currency, if any, provided under this contract. Local currency will be provided to the Contractor in accordance with written instructions provided by the Mission Director. The written instructions will also include accounting, vouchering, and reporting procedures. A copy of the instructions shall be provided to the Contractor's Chief of Party and to the Contracting Officer. The costs of bonding personnel responsible for local currency are reimbursable under this contract.

(c) Upon compliance by the Contractor with all the provisions of this contract, acceptance by the Government of the work and final report, and a satisfactory accounting by the Contractor of all Government-owned property for which the Contractor had custodial responsibility, the Government shall promptly pay to the Contractor any moneys (dollars or local currency) due under the completion voucher.

The Government will make suitable reduction for any disallowance or indebtedness by the Contractor by applying the proceeds of the voucher first to such deductions and next to any unliquidated balance of advance remaining under this contract.

(d) The Contractor agrees that all approvals of the Mission Director and the Contracting Officer which are required by the provisions of this contract shall be preserved and made available as part of the Contractor's records which are required to be presented and made available by the clause of this contract entitled "Audit and Records--Negotiation".

G.3 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The Contracting Officer’s Representative is: [to be filled in at the time of contract award.]

G.4 PAYING OFFICE

The completed SF-1034 “Voucher for Services for Other Than Personal” and relevant invoices and other documentation may be submitted electronically (email is the preferred method) to the address below. The subject line of the email shall read Award No. and name of the Contractor. The SF-1034 must be signed, and it must be submitted along with the relevant invoices and any other relevant documentation as an electronic PDF file. Otherwise, the request for payment must be mailed through local postal or courier services. If submitting invoices electronically, do not send a paper copy.

Send all requests for payment to the following email address:

USAID/Vietnam

Office of Financial Management 15/F Tung Shing Building #2 Ngo Quyen Street, Hanoi, Vietnam E-mail: Vietnam-Hanoi-Payments@usaid.gov

G.5 ACCOUNTING AND APPROPRIATION DATA

[To be filled in at the time of award:] mailto:Vietnam-Hanoi-Payments@usaid.gov

Accounting Template

BBFY EBFY Fund OP Unit

Prog Area

Dist Progr Elem

BGA EOCC Amt Doc #

Total Obligated Amount $

G.6 TECHNICAL DIRECTIONS/RELATIONSHIP WITH USAID

(a) Technical Directions is defined to include:

(1) Written directions to the Contractor which fill in details, suggest possible lines of inquiry, or otherwise facilitate completion of work;

(2) Provision of written information to the Contractor which assists in the interpretation of drawings, specifications, or technical portions of the work statement;

(3) Review and, where required, provide written approval of technical reports, drawings, specifications, or technical information to be delivered. Technical directions must be in writing, and must be within the scope of the work as detailed in Section C.

(b) The Contracting Officer, by separate designation letter, authorizes the COR to take any or all action with respect to the following which could lawfully be taken by the Contracting Officer, except any action specifically prohibited by the terms of this Contract:

(1) Assure that the Contractor performs the technical requirements of the contract in accordance with the contract terms, conditions, and specifications.

(2) Perform or cause to be performed, inspections necessary in connection with (a) above and require the Contractor to correct all deficiencies; perform acceptance for the Government.

(3) Maintain all liaison and direct communications with the Contractor. Written communications with the Contractor and documents shall be signed as "Contracting Officer’s Representative" with a copy furnished to the Contracting Officer.

(4) Issue written interpretations of…