RFP 72044023R00003_HEPS_FINAL.pdf

Request for Proposals (RFP) No: 72044023R00003 Issuance Date: May 10, 2023 Closing Date and Time for Submission of Questions: May 19, 2023 at 14:00 Hanoi time Closing Date and Time for Submission of Proposals: June 14, 2023 at 14:00 Hanoi time

Subject: USAID Higher Education Policy Support (HEPS) Activity

To All Prospective Offerors:

The United States Government, represented by the U.S. Agency for International Development in Vietnam (USAID/Vietnam), is soliciting proposals from qualified organizations interested in providing the services described in the attached solicitation. The principal geographic code for this contract is 937 and the North American Industry Classification System (NAICS) code is 611710.

USAID/Vietnam anticipates the award of a Cost-Plus-Fixed Fee completion type contract with a period of performance of five (5) years. The procurement will be conducted through full and open competition procedures, pursuant to Part 15 of the Federal Acquisition Regulation (FAR) (48 CFR Chapter 1). Any type of organizations, including for-profit firms or non-profit organizations, are eligible to compete.

The overall estimated cost of this procurement is between $14.5 million and $15.5 million, including $2.7 million specifically for undergraduate legal education, subject to the availability of funds. The Government is in no way obligated to make any award within the maximum estimated cost identified.

Offerors should not strive to meet the maximum amount; rather, Offerors should propose costs that are appropriate, realistic, and reasonable, and in accordance with the proposed approach for achieving results.

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

Failure to comply with the submission date will deem any submission unacceptable and it will not be reviewed or evaluated. Faxed proposals are not acceptable, nor will they be reviewed or evaluated.

Section L sets forth all instructions for the preparation and submission of required proposal contents.

Section M states the technical evaluation criteria by which proposals will be evaluated. Oral explanations or instructions given before award of the contract will not be binding.

This solicitation 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. USAID reserves the right to award the contract subject to availability of funds.

This RFP can be viewed and downloaded from https://sam.gov. USAID bears no responsibility for data errors resulting from transmission or conversion processes. Further, please 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, Bryan Moody Contracting Officer USAID/Vietnam https://sam.gov/

USAID Higher Education Policy Support (HEPS) RFP No.: 72044023R00003

PART I – THE SCHEDULE

SECTION A – SOLICITATION/CONTRACT FORM

SF-33

72044023R00003

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

2 96

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 BY

26. NAME OF CONTRACTING OFFICER (Type or print)

CODE 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-440-23-00003805/10/2023

X

720440

USAID/Vietnam 15/F, Tung Shing Square 2 Ngo Quyen Street Hoan Kiem District Hanoi,Vietnam 00000

1400 G 06/14/2023

Hoa Nguyen hoanguyen@usaid.gov

X

X

X

X

X

X

X

X

X

X

X

X

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PAGE(S)

Bryan Moody

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

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

7-9

10-19 20-22 24-31 32-35 36-49

50-60

62-76

77-93

94-96

12. In compliance with the above, the undersigned agrees, if this offer is accepted within _____0_________ calendar days (60 calendar days unless a different period is inserted

TABLE OF CONTENTS

PART I – THE SCHEDULE 2

SECTION A – SOLICITATION/CONTRACT FORM 2

SECTION B – SERVICES AND PRICE/COSTS 7

B.1 PURPOSE 7

B.2 CONTRACT TYPE AND CONTRACT SERVICES 7

B.3 ESTIMATED COST, FIXED FEE, AND OBLIGATED AMOUNT 7

B.4 CONTRACT BUDGET 7

B.5 INDIRECT COSTS 7

B.6 CEILING ON INDIRECT COST RATES 8

B.7 COST REIMBURSABLE 8

B.8 PAYMENT OF FIXED FEE 9

B.9 MULTI-YEAR CONTRACT AND CANCELLATION CEILING 9

SECTION C – DESCRIPTION/SPECIFICATIONS/ STATEMENT OF WORK 10

C1. TITLE OF ACTIVITY 10

C2. PURPOSE 10

C3. BACKGROUND AND CONTEXT 10

C4 STATEMENT OF WORK 13

C.5 PROGRAMMATIC AND STRATEGIC LINKAGES 15

C.6 OTHER REQUIREMENTS 16

SECTION D – BRANDING AND MARKING 20

D.1 AIDAR 752.7009 MARKING (JANUARY 1993) 20

D.2 BRANDING STRATEGY AND BRANDING IMPLEMENTATION PLAN 20

D.3 MARKING PLAN 21

SECTION E – INSPECTION AND ACCEPTANCE 23

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 23

E.2 INSPECTION AND ACCEPTANCE 23

SECTION F – DELIVERIES OR PERFORMANCE 24

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 24

F.2 PERIOD OF PERFORMANCE 24

F.3 PLACE OF PERFORMANCE 24

F.4 PERFORMANCE STANDARDS 24

F.5 AUTHORIZED WORK WEEK 25

F.6 REPORTS AND DELIVERABLES 25

F.7 DELIVERABLE SUBMISSION 30

F.8 KEY PERSONNEL 30

F.9 FEE PAYMENT SCHEDULE 31

SECTION G – CONTRACT ADMINISTRATION DATA 32

G.1 CONTRACTING OFFICER’S AUTHORITY 32

G.2 AIDAR 752.7003 DOCUMENTATION FOR PAYMENT (NOV 1998) 32

G.3 CONTRACTING OFFICER’S REPRESENTATIVE (COR) 33

G.4 PAYING OFFICE 33

G.5 ACCOUNTING AND APPROPRIATION DATA 33

G.6 TECHNICAL DIRECTIONS/RELATIONSHIP WITH USAID 34

G.7 CONTRACTOR’S PRIMARY POINT OF CONTACT 35

G.8 CONTRACTOR’S PAYMENT ADDRESS 35

SECTION H – SPECIAL CONTRACT REQUIREMENTS 36

H.1 USAID-FINANCED THIRD-PARTY WEB SITES (NOV 2017) 36

H.2 ADS 302.3.5.21 SUBMISSION OF DATASETS TO THE DEVELOPMENT DATA

LIBRARY (DDL) (OCT 2014) 37

H.3 AIDAR 752.225-70 SOURCE AND NATIONALITY REQUIREMENTS (FEB 2012) 38

H.4 AIDAR 752.7004 EMERGENCY LOCATOR INFORMATION (JUL 1997) 39

H.5 AIDAR 752.7007 PERSONNEL COMPENSATION (JUL 2007) 39

H.6 ADDITIONAL REQUIREMENTS FOR PERSONNEL COMPENSATION 39

H.7 AIDAR 752.7031 LEAVE AND HOLIDAYS (OCT 1989) 40

H.8 AIDAR 752.228-70 MEDICAL EVACUATION (MEDEVAC) SERVICES (JUL 2007) 42

H.9 AUTHORIZED GEOGRAPHIC CODE 42

H.10 EXECUTIVE ORDERS ON TERRORISM FINANCING 42

H.11 GOVERNMENT FURNISHED FACILITIES OR PROPERTY 43

H.12 FOREIGN GOVERNMENT DELEGATIONS TO INTERNATIONAL CONFERENCES 43

H.13 LANGUAGE REQUIREMENTS 43

H.14 AIDAR 752.7032 INTERNATIONAL TRAVEL APPROVAL AND NOTIFICATION

REQUIREMENTS (APR 2014) 44

H.15 ENVIRONMENTAL COMPLIANCE 44

H.16 CONSENT TO SUBCONTRACT 45

H.17 LIMITATION ON ACQUISITION OF INFORMATION TECHNOLOGY (DEVIATION

NOs. M/OAA-DEV-FAR-18-2c and M/OAA-DEV-AIDAR-18-2c) (APRIL 2018) 45

H.18 ELECTRONIC PAYMENT SYSTEM (AUG 2014) 46

H.19 RESTRICTIONS AGAINST DISCLOSURE (MAY 2016) 47

H.20 FAR PART 4.21 PROHIBITION ON CONTRACTING FOR CERTAIN COVERED

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT

(SECTION 889) (DEC 2021) 47

H.21 AIDAR 752.231-72 CONFERENCE PLANNING AND REQUIRED APPROVALS (AUG

2013) [DEVIATION (APR 2022)] 48

H.22 LIMITING PLASTIC POLLUTION AND MISMANAGED WASTE (MAR 2020) 49

PART II – CONTRACT CLAUSES 50

SECTION I 50

I.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 50

I.2 AIDAR 752.252-2 AIDAR CLAUSES INCORPORATED BY REFERENCE (MAR 2015) 52

I.3 FAR 52.204-1 APPROVAL OF CONTRACT (DEC 1989) 53

I.4 FAR 52.229-8 TAXES – FOREIGN COST-REIMBURSEMENT CONTRACTS (MAR 1990)

I.5 AIDAR 752.209-71 ORGANIZATIONAL CONFLICTS OF INTEREST DISCOVERED

AFTER AWARD (JUN 1993) 54

I.6 AIDAR 752.242-70 PERIODIC PROGRESS REPORTS (OCT 2007) 54

I.7 AIDAR 752.7025 APPROVALS (APR 1984) 54

I.8 AIDAR 752.7101 VOLUNTARY POPULATION PLANNING ACTIVITIES (JUNE 2008) 55

I.9 AIDAR 752.229-71 REPORTING OF FOREIGN TAXES (JULY 2007) 55

I.10 AIDAR 752.222-70 USAID DISABILITY POLICY (DEC 2004) 56

I.11 AIDAR 752.222-71 NONDISCRIMINATION (JUNE 2012) 56

I.12 AIDAR 752.228-3 WORKER’S COMPENSATION INSURANCE (DEFENCE BASE ACT)

(DEC 1991) (DEVIATION JUN 2022) 57

I.13 AIDAR 752.7013 CONTRACTOR-MISSION RELATIONSHIPS (OCT 1989) 57

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

ACQUISITION (JUL 2014) 58

I.15 AIDAR 752.7037 CHILD SAFEGUARDING STANDARDS (AUG 2016) 59

I.16 FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) 60

PART III – LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS 61

SECTION J – LIST OF ATTACHMENTS 61

PART IV – REPRESENTATIONS AND INSTRUCTIONS 62

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS 62

K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE 62

K.2 FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2023) 62

K.3 FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) 65

K.4 FAR 52.204-26 COVEREDTELECOMMUNICATIONS EQUIPMENT OR SERVICES -

REPRESENTATION (OCT 2020) 68

K.5 FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)

K.6 FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)70

K.7 FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT

TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016) 71

K.8 FAR 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS-

CERTIFICATION (NOV 2021) 71

K.9 FAR 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999) 73

K.10 FAR 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984) 73

K.11 FAR 52.230-1 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION

(JUN 2020) 73

K.12 FAR 52.230-7 PROPOSAL DISCLOSURE—COST ACCOUNTING PRACTICE CHANGES

(APR 2005) 75

K.13 INSURANCE—IMMUNITY FROM TORT LIABILITY 76

K.14 AUTHORIZED NEGOTIATORS 76

K.15 SIGNATURE 76

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS 77

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

1998) 77

L.2 FAR 52.216-1 TYPE OF CONTRACT (APR 1984) 77

L.3 FAR 52.233-2 SERVICE OF PROTEST (SEP 2006) 77

L.4 GENERAL INSTRUCTIONS TO OFFERORS 78

L.5 SUBMISSION INSTRUCTIONS 79

L.6 INSTRUCTIONS FOR THE PREPARATION OF THE TECHNICAL PROPOSAL 80

L.7 INSTRUCTIONS FOR THE PREPARATION OF THE COST/BUSINESS PROPOSAL 84

L.8 WAIVER UNDER FAR PART 4.2101 PROHIBITION ON COVERED

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES AND EQUIPMENT (DEC

2021) 91

L.9 INSTRUCTION FOR PREPARATION OF BRANDING STRATEGY AND

IMPLEMENTATION PLAN 92

SECTION M – EVALUATION FACTORS FOR AWARD 94

M.1 GENERAL INFORMATION 94

M.2 TECHNICAL EVALUATION CRITERIA 94

M.3 COST/BUSINESS PROPOSAL EVALUATION 95

M.4 DETERMINATION OF COMPETITIVE RANGE 96

M.5 SOURCE SELECTION 96

SECTION B – SERVICES AND PRICE/COSTS

B.1 PURPOSE

The purpose of this contract is to provide services described in the Statement of Work (SOW) specified in Section C to implement the USAID Higher Education Policy Support (HEPS) Activity.

B.2 CONTRACT TYPE AND CONTRACT SERVICES

This is a Cost-Plus Fixed Fee (CPFF) Completion Type Contract. For the consideration set forth below, the Contractor must provide the deliverables and results described in Section C and Section F. 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, nor will the U.S. Government (USG) be responsible for costs incurred should the Contractor do so.

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 (US$)

1. HEPS Implementation TBD

1.1 Direct Costs TBD

1.2 Indirect Costs TBD

2. Undergraduate Legal Education $2,700,000.00

2.1 Direct Costs TBD

2.2 Indirect Costs TBD

Total Estimated Cost (1+2) 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

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:

*A “Major Subcontractor” is a subcontractor whose proposed cost exceeds 10% of the offeror’s total proposed cost.

B.6 CEILING ON INDIRECT COST RATES

(a) For each of the Contractor’s accounting periods during the term of this contract, the parties agree as follows:

(1) The distribution base for establishment of final overhead rates is __________________.

(2) The distribution base for establishment of final G&A rates is _____________________.

(b) The Contractor will make no change in its established method of classifying or allocating indirect costs without the prior written approval of the contracting officer.

(c) Reimbursement for indirect costs will be at final negotiated rates, but not in excess of the following ceiling rates for each fiscal year:

Indirect Cost Type (contractor’s FY)

FY 24 FY 25 FY 26 FY 27 FY 28

1. [TBD]_____________ __________ __________ __________ __________ __________

2. [TBD]_____________ __________ __________ __________ __________ __________

3. [TBD]_____________ __________ __________ __________ __________ __________

(d) The government will not be obligated to pay any additional amount on account of indirect costs above the ceiling rates established in the contract. This advance understanding will not change any monetary ceiling, cost limitation, or obligation established in the contract.

B.7 COST REIMBURSABLE

Allowable costs 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, and FAR § 52.232-22, “Limitation of Funds,” if applicable, and AIDAR 752.7003, “Documentation for Payment.”

B.8 PAYMENT OF FIXED FEE

Pursuant to FAR 16.306(d), the fixed fee payable under this contract will be tied to the completion of the reports and deliverables specified in this contract and in accordance with the final approved Fee Schedule.

In accordance with FAR 52-216-8, Fixed Fee, the CO will withhold 15% of the total fee or $100,000, whichever is less until the required awards conditions under the reference clause have been met.

B.9 MULTI-YEAR CONTRACT AND CANCELLATION CEILING

This contract is considered non-severable, and is therefore a multi-year contract as defined in FAR

17.103. Consequently, this contract is subject to the requirements of FAR 17.106.

This is a CPFF type completion form contract where the Contractor is authorized to be reimbursed for all costs which are allowable in accordance with FAR 52.216-7, “Allowable Costs and Payment.” The Contractor will not incur any costs which would have been amortized over the life of the contract should the contract be cancelled in accordance with FAR 52.217-2. Therefore, the cancellation ceiling established pursuant to FAR 17.106-1(c)(1) for each program year is $0.00.

[END OF SECTION B]

SECTION C – DESCRIPTION/SPECIFICATIONS/ STATEMENT OF WORK

C1. TITLE OF ACTIVITY

USAID Higher Education Policy Support (HEPS) (hereafter also referred to as the “Activity”).

C2. PURPOSE

USAID/Vietnam is seeking technical assistance and strategic advisory services to support Vietnam’s Ministry of Education and Training (MOET) goals to modernize the Higher Education sector. Vietnam’s aspirations for advanced socio-economic development requires a highly skilled and educated workforce, especially in the fields of science and technology. Higher Education sector reforms are underway and have yielded some positive results including, among others, improved and accredited degree programs, a significant increase in the number of faculty with PhDs, more private universities, and enhanced international partnerships with Higher Education Institutions (HEI). While the Higher Education system is improving, neither the speed nor scale of the reforms has kept pace with the rapidly changing economy and workforce skills needed for the 4th Industrial Revolution. MOET is seeking to further modernize the Higher Education sector with a particular focus on passing a new Higher Education Law, accelerating digital transformation, and upgrading strategic university degree programs to international standards.

USAID/Vietnam is seeking to build upon its successes while making a strategic shift in its Higher Education development cooperation, by providing direct technical assistance to MOET that supports policy and systems level change. In September 2022, USAID/Vietnam and MOET signed a Memorandum of Understanding (MOU) to improve the quality of Vietnam’s Higher Education. The MOU lays out how USAID and MOET intend to collaborate to enhance international cooperation; develop the capacity and quality of Vietnamese HEIs; and provide technical assistance for Higher Education policy analysis, development, and implementation. This new Activity, entitled Higher Education Policy Support (HEPS), will advance cooperation in the areas delineated in the MOU and provide technical assistance to MOET to modernize Higher Education policies, systems, and institutions.

This Statement of Work (SOW) describes the objectives for USAID/Vietnam’s HEPS Activity. The SOW states how the work is to be accomplished, but provides potential Offerors with the flexibility to develop cost-effective solutions, propose resourceful approaches, and bring creativity, innovation and expertise to the activity design and implementation. This approach also acknowledges that Activity tasks need to be informed by experience and available evidence, and tailored to the unique operating environment in Vietnam.

C3. BACKGROUND AND CONTEXT

Overview

Higher Education is a key to Vietnam’s continued economic and social development, and progression towards upper Middle Income Country status. It is widely recognized that continued progress towards social and economic development will require a more highly educated workforce, with relevant education and skills. The government of Vietnam (GVN) has introduced Higher Education reforms articulated through the revised 2018 Higher Education Law and a new National Master Plan for Higher Education for the period of 2021-2030. The 2018 Higher Education Law and related by-laws and decrees, among other things, aim to give Vietnamese HEIs greater degrees of autonomy related to governance and organization, financing, degree programs, research, and human resource development. In the National Master Planning for the period of 2021 - 20301, with a vision to 2050, GVN indicated its ambition to be among the top 10 countries with the best higher-education services in Asia with a ratio of university students of 260 per ten thousand and rate of skilled workers with degrees and certificates is expected to be 35-40%. Among its main social infrastructure development priorities, the government aims to develop the Higher Education system to meet Vietnam’s need for high-quality human resources in association with investment in

1 No. 138/NQ-CP https://thuvienphapluat.vn/van-ban/EN/Xay-dung-Do-thi/Resolution-138-NQ-CP-2022-national-master-planning-for-the-period-of-2021-2030/544532/tieng-anh.aspx scientific research and innovation in key sectors and to upgrade major universities into prestigious, high-quality HEIs recognized regionally and globally. Two recent Higher Education reform reviews highlight some of the important accomplishments and key challenges facing Higher Education modernization.

MOET’s Report from the 2022 University Autonomy Conference summarizes key Higher Education legal and regulatory developments over the past two decades related to autonomy for Vietnamese HEIs. The MOET Report notes that the Higher Education Law and related by-laws and decrees affirm autonomy for HEIs related to organization, personnel, financing, training, science and technology, international cooperation, and quality assurance. The report reiterates that eligibility and the degree to which HEIs can exercise autonomy is determined by the capabilities, ranking, quality of academic programs and assessment results. By the end of the university autonomy pilot phase from 2014-2022, only 23 out of 232, or less than 10%, of public universities were considered to be fully autonomous. Most of the autonomous HEIs are top tier universities with high quality academic programs, top performing students, well-trained faculty, and effective leadership.

The MOET Report also highlights other positive developments in the Higher Education sector including improvements in international university rankings where 5 Vietnamese universities are now ranked within the top 500 universities in the world. Vietnam has also seen an increase in internationalization, with more than 400 international partnerships and collaborative training and degree programs.

Despite these accomplishments the MOET Report notes numerous challenges that are impeding the pace and scale of Higher Education sector modernization. Vietnam’s HEIs are lagging behind comparable countries in the areas of scientific research and development due to low levels of investment in laboratories and research facilities, a low number of international research publications, and complex legal and regulatory restrictions and procedures that are not conducive to innovative research.

Another key area limiting Higher Education sector development is lack of comprehensive and cohesive quality assurance standards, accountability measures, and monitoring and evaluation tools at the system and institutional levels. Work is currently underway to partially address this constraint through a World Bank supported Higher Education Management Information System (HEMIS) project. There is currently a patchwork of accreditation standards and governing bodies that review and ensure that Vietnamese HEIs meet defined standards of quality.

While the Higher Education Law promotes university autonomy in the areas of governance, financing and human resource development, other Government of Vietnam (GVN) laws on civil servants and public employees, procurement, financing, and construction have their own legal and regulatory requirements that often are not fully aligned with or do not create an enabling environment for HEIs to develop or follow the intentions of the Higher Education Law.

The 2020 World Bank Report, “Improving the Performance of Higher Education: Strategic Priorities and Policy Options”, also identifies key sector challenges, analyzes and compares Vietnam's performance with comparable countries and globally recognized standards and benchmarks, and includes a practical guide for key policy considerations to advance and accelerate Higher Education modernization. The World Bank Report also notes many accomplishments in the Higher Education sector including access to Higher Education doubling since 2000; an increase in the number of faculty with PhDs from 47% in 2000 to 72% in 2015; and progress toward modernizing university governance through the Higher Education Law.

The World Bank Report highlights many of the same sector constraints noted in the MOET Report including the need for a shift from content-based to competency-based curriculum; limited incentives for excellence and innovation in teaching; low levels of research and technology transfer due to inadequate financing; and a related lack of ICT infrastructure and utilization. Related to governance, the World Bank Report points out that the Higher Education sector is highly fragmented, with two Ministries (MOET and MOLISA) responsible for universities and Technical and Vocational Education & Training (TVET), respectively, as well as multiple other Ministries with legal requirements, regulations and oversight responsibilities.

Both MOET and World Bank Reports highlight the need for greater Higher Education policy coherence and consistency across GVN legal and regulatory regimes. Both reports also underscore the need for greater attention and support for practical policy implementation. Perhaps the most significant challenge ahead for Higher Education modernization that both reports converge on is sector financing and the limited financial resources and investments in university faculties and facilities. Developing and implementing innovative financing schemes, including public and private investments for a wide range of Vietnamese HEIs, will be a key driving factor for both sustaining and modernizing the Higher Education sector.

USAID Higher Education Program in Vietnam. Over the past decade, USAID/Vietnam’s support for Higher Education Activities has been successful in upgrading curriculum, teaching practices, advancing accreditation and forging academic and private sector partnerships at 23 selected Vietnamese HEIs. While USAID Activities have impacted particular academic programs, faculty, and partnerships, few interventions have been scaled beyond the Activity-supported scope and the lessons learned, models and methods developed and utilized had limited impact on policy and systems level improvements. The HEPS Activity provides an opportunity for USAID to provide more strategic and systems level support to MOET and reform oriented HEIs. The following section provides a brief summary of the USAID/Vietnam Higher Education programs and the evolution from Activity to systems level support.

USAID Investments to Develop Higher Education Institutions and Systems

USAID/Vietnam has supported a wide range of Higher Education partnership Activities. The Higher Engineering Education Alliance Program (HEEAP) aimed to transform Vietnam’s engineering pedagogy from “passive, theory-based to active, project-based instruction” to produce “work-ready” graduates. The Vocational and University Leadership Innovation Institute (VULII, or HEEAP 2.0) aimed to build institutional leadership commitment and capacity for achieving higher standards in Vietnamese universities and technical colleges, and Building University-Industry Learning and Development through Innovation and Technology (BUILD-IT) focuses on mainstream curriculum, quality assurance, and university facilities to fully align supported institutions with. In leveraging diverse government, industry, and academic partners partnership, these programs transformed engineering education in Vietnam, improved job readiness, having built the institutions and models of industry-academic collaboration to produce a technology workforce with the technical and soft skills required by industry to enable success in technology-intensive global manufacturing as Vietnam’s high-tech industry continues to grow.

The Improving Access, Curriculum and Teaching in Medical Education and Emerging Diseases (IMPACT-MED) Alliance have built successful models of engaging GVN, universities, and businesses in overhauling the curriculum and setting standards for competency-based medical education. USAID has also supported the first independent, non-profit university in Vietnam, Fulbright University, to develop and deepen its capacity to deliver and sustain high quality undergraduate and graduate education programs.

The Partnership for Higher Education Reform (PHER) Activity is intended to build on effective models, introduce innovative approaches, and develop new partnerships to assist the Vietnam National University- Hanoi (VNU-HN), Vietnam National University - Ho Chi Minh (VNU-HCM), and the University of Danang to become more independent, sustainable, and high quality HEIs. PHER is providing support to the VNUs for system wide improvements in governance, curriculum and teaching practices, research capacity, and strategic partnerships. PHER is USAID/Vietnam’s initial shift from support for individual HEIs to support for systems level reforms within the VNUs.

https://heeap.org/ https://heeap.org/ https://heeap.org/vocational-and-university-leadership-and-innovation-institute-vulii https://builditvietnam.org/ https://builditvietnam.org/ https://www.usaid.gov/vietnam/fact-sheets/improving-access-curriculum-and-teaching-medical-education-and-emerging-diseases-impact-med-alliance https://fulbright.edu.vn/ https://www.usaid.gov/vietnam/fact-sheets/partnership-higher-education-reform http://vnu.edu.vn/eng/ http://vnu.edu.vn/eng/ https://vnuhcm.edu.vn/ http://www.udn.vn/english http://www.udn.vn/english

C4 STATEMENT OF WORK

C.4.1 DEVELOPMENT HYPOTHESIS/THEORY OF CHANGE.

IF Higher Education and other related policy analysis is used to improve Higher Education quality and HEIs’ institutional autonomy, and IF progress on Higher Education digital transformation is accelerated, and IF targeted undergraduate and graduate degree programs in an increasing number of HEIs are internationalized, THEN the Higher Education sector modernization can advance more quickly, helping expand access to quality Higher Education and develop the human resources required for Vietnam's socio-economic development.

C.4.2 GOAL AND OBJECTIVES

The overall goal for this Activity is to support MOET goals to modernize and internationalize the Higher Education sector, expand access to quality Higher Education, and develop the human resources required, especially in the areas of science and technology, for Vietnam’s socio-economic development. USAID will support MOET to achieve these goals through three interrelated objectives.

Objective 1: Higher Education policy analysis used to improve Higher Education quality and HEIs’ institutional autonomy.

HEPS will:

Assist MOET with a comprehensive policy analysis of the current Higher Education Law and related regulations, identifying the strengths, results, and accomplishments achieved to date, as well as weaknesses, challenges, and areas for improving Higher Education policy coherence, relevance, and implementation. The analysis will also focus on financing, human resource development, research, quality assurance, and other efforts to internationalize the Higher Education sector.

Assist MOET and other relevant entities with recommendations based on the analysis’s findings to improve Higher Education sector quality and international competitiveness.

Provide strategic support services to MOET in the development and implementation of applied policy changes.

Provide technical assistance and capacity strengthening for MOET, HEIs, and other relevant agencies and institutions involved in the Higher Education policy process.

Provide facilitation and communication services to ensure that all relevant Higher Education stakeholders and key decision makers are appropriately engaged in the Higher Education policy process.

Expected Results:

1) A facilitated co-creation activity with MOET and other key Higher Education stakeholders to develop the HEPS Year 1 Annual Work Plan. An annual collaborative work planning process that informs the required annual work plan and includes a detailed plan for technical assistance to MOET and selected HEIs to achieve the program objectives.

2) A plan that describes the process, pathways, timelines, and expected outcomes from the Higher Education policy analysis.

3) Improvement of Higher Education systems, processes, and procedures.

4) A detailed roadmap for communicating and implementing the recommended changes to key stakeholders and constituents, including Vietnamese HEIs.

HEPS may seek to build individual, institutional, and systems capacity within Higher Education to reduce barriers and maximize opportunities to promote evidence-based decision making and uptake.

Objective 2: Progress on Higher Education digital transformation accelerated.

HEPS will:

Assist MOET and other relevant entities to conduct a rapid analysis of how technology is currently being used within the Higher Education system for systems and institutional management, instructional delivery, quality assurance, research, and professional development.

Utilize the findings from the technology analysis to develop a strategic plan and roadmap for accelerating digital transformation. The strategic plan and roadmap should be comprehensive and realistic, and include detailed information on the financial, human resources, legal, technical and institutional conditions required for effective deployment of technologies to support and improve Higher Education systems management, administration, professional development, research, instruction, learning, and assessment.

Provide technical assistance to MOET to enhance utilization of the World Bank supported Higher Education Management Information System (HEMIS).

Provide technical assistance and support services to MOET and selected HEIs to pilot and rigorously test technology solutions that have the potential to improve management, administration, research, and teaching and learning, among other areas.

Support pilot activities that have the highest likelihood for being sustained, scaled, financed, and managed by MOET or HEIs.

In consultation with MOET and USAID, identify and develop strategic partnerships with private sector tech experts and organizations that can provide advisory services, training, and technology solutions to advance MOETs digital transformation goals.

Expected results:

1) A comprehensive analysis and plan to assist the Ministry of Education and Training and other relevant Vietnamese government and regulatory agencies accelerate progress in utilizing information communication technology, including HEMIS, to improve higher education sector management, performance monitoring, financing and service delivery.

2) An annual collaborative work planning process that informs the required annual work plan and includes a detailed plan for technical assistance to MOET and selected HEIs to achieve the program objectives.

Objective 3: Targeted undergraduate and graduate degree programs in an increasing number of HEIs internationalized

HEPS will:

Provide technical assistance to MOET and selected HEIs to review, upgrade and modernize curriculum, learning objectives, faculty knowledge, teaching practices, and research collaboration in key strategic areas such as artificial intelligence, automation, green energy and legal education, among others.

Facilitate strategic academic and industry partnerships between MOET, Vietnamese and U.S.

HEIs and the private sector.

Provide technical assistance to upgrade academic programs that will be aligned to meet both industry workforce qualification requirements and academic accreditation standards.

Provide technical assistance to MOET and selected HEIs for research collaboration with the U.S.

HEIs and other U.S. research facilities in key strategic areas.

Provide technical assistance to MOET to develop legislation, regulations, guidance, and other policy documents necessary to implement best practices, pilots, and innovations in these strategic academic areas.

Specifically support modernizing undergraduate legal education for Vietnamese higher education institutions under MOET’s purview, including assistance on improving legal skills courses on topics such as mock trial and lawyering; sponsoring skills-based competitions; and facilitating international collaboration initiatives.

Expected results:

1) A detailed plan that includes selection criteria for identifying key academic subject areas, including legal education, and selecting Vietnamese HEIs for upgrading degree programs. The plan must include past and current pilot programs and clearly articulate how MOET, HEIs, and partners will scale pilot programs to an increasing number of HEIs.

2) An annual collaborative work planning process that informs the required annual work plan and includes a detailed plan for technical assistance to MOET and selected HEIs to achieve the program objectives.

3) An increased number or percentage of Higher Education programs meeting international standards.

C.5 PROGRAMMATIC AND STRATEGIC LINKAGES

U.S. Government Policies and Frameworks

USAID/Vietnam CDCS: The Activity will contribute to the Mission’s CDCS Goal for an open, prosperous and secure Vietnam that is inclusive in tackling its own development challenges. The new Activity will directly contribute to the CDCS development objective 1: Economic Competitiveness increased; Intermediate Result 2: Targeted Higher Education Institutions modernized.

USAID Indo-Pacific Framework: This Activity will contribute to the Administration’s priority to engage comprehensively with partners in the region and will directly contribute to the USAID Framework for Advancing America’s Indo-Pacific Strategy by working with Vietnamese HEIs and government entities to ensure that a skilled workforce and emerging leaders in the Indo-Pacific region are empowered and supported by stronger education institutions and connected by effective national and international networks.

USAID Education Policy: This Activity will support the 2018 USAID Education Policy goals for Higher Education programming to support socio-economic development goals. In line with the recently released USAID Higher Education Program Framework, USAID/Vietnam, seeks to leverage expertise and interventions that address the following components of Higher Education system and institutional reform:

evidence based policies; platforms for Government-Industry-Higher Education collaboration; intensive management coaching to university leaders; curriculum and pedagogy innovations to shift the focus to learners; faculty increase capacity to develop innovative curriculum and design new pedagogical approaches to teaching, and impart the value of continuous improvement, deploy learning technology, autonomous vision, student centeredness, and global standards recognition.

USAID Climate Strategy: HEPS will be cognizant of USAID’s new Climate Strategy (2022-2030) which “takes a ‘whole-of-Agency’ approach that calls on all corners of USAID to play a part in the response. In its environmental risk management and mitigation plan, the Activity will ensure all proposed activities and metrics (e.g., Higher Education policies, and upgraded academic degree programs) that https://www.edu-links.org/sites/default/files/media/file/Higher%20Education%20Framework_Oct%202020.pdf contribute to strengthening capacities of HEIs to be more resilient in the face of climate change impacts and developing the knowledge and workforce skills needed for the “green” and “blue” economy.

C.6 OTHER REQUIREMENTS

Geographic focus: HEPS will provide direct technical assistance and strategic support services to MOET, based in Hanoi. However, the Activity components will have varying levels of engagement with selected HEIs across Vietnam.

Target beneficiaries: The target beneficiaries will include, but are not limited to the Ministry of Education and Training and selected higher education institutions.

Relevant cross-cutting themes or guiding principles: The Contractor should propose interventions that are reflective of, and responsive to, the following general Activity design and implementation principles:

a. Strengthened US-Vietnam University Partnerships. HEPS will utilize the significant experience and expertise of U.S. HEIs, research institutions, and accreditation bodies in all aspects of its work, and will establish equitable and sustainable partnerships between Vietnamese and American institutions in pursuit of mutual development goals. This should include partnerships with MOET for policy support and reform oriented Vietnamese HEIs.

b. Private Sector Engagement. The USAID Private Sector Engagement Policy outlines the value of aligning the interests of the private sector, the host government, and the donor community. USAID is committed to increasing the sustainable impact of our development assistance programs through strategic partnerships with the private sector. The Contractor will reach out to the private sector and explore ways in which collaboration with USAID, MOET, and selected HEIs might help each partner to more effectively solve key problems, advance our respective interests, and achieve far greater development results and impacts. The Contractor is expected to facilitate university-industry linkages in areas relevant to achieve the Activity objectives.

c. Capacity Development. The Contractor is expected to have an intentional approach to local capacity development of actors engaged in Higher Education sector modernization. As defined under USAID’s Local Capacity Development Policy, USAID/Vietnam defines local capacity development as:

“improving the performance of local systems and stakeholders—including civil society, government, the private sector, academia, and more—to achieve results.” The Contractor’s capacity building approach should:

o Recognize that there is always a system and there are capacities at many levels within the system o Develop diverse capacities by responding to local priorities and leveraging local strengths/ assets o Be mindful of, and mitigate, the unintended consequences of our engagement o Nurture local ownership of capacity development through partnerships based on mutuality o Measure performance and monitor for improvement over time o Be in service of the Activity purpose to modernize the Higher Education sector

d. Sustainability. HEPS will work with local institutions to further strengthen local capacity, ownership, and leadership in pursuit of mutual development objectives. HEPS will establish mechanisms for continuous involvement of the selected relevant government agencies, universities, and industry partners in designing, planning, implementing, monitoring and evaluating the Activity throughout the performance period. The Contractor will support both institutional policies that are required to implement innovative reforms and the capacity of human resources necessary to implement the reforms.

e. Gender Equity and Social Inclusion (GESI). GESI will be a cross-cutting theme in all stages of Higher Education modernization and will be maintained throughout Activity implementation. HEPS activities will foster equitable participation for both male and female GVN and HEI leadership, administrative staff, faculty, students and youth. The Activity will also prioritize, where feasible, populations and institutions traditionally excluded from Higher Education and skills training programs such as persons with disabilities and other marginalized populations.

f. Universal Design for Learning (UDL). UDL is a framework to improve and optimize teaching and learning for all people based on scientific insights into how humans learn. UDL’s goal is to support learners to become “expert learners” who are, each in their own way, purposeful and motivated, resourceful and knowledgeable, and strategic and goal driven. Instead of changing the learner, UDL aims to change the design of learning environments to reduce barriers so that all learners can engage in rigorous, meaningful learning. The UDL Guidelines provide a set of concrete suggestions that can be applied to any discipline or domain to ensure that all learners can access and participate in meaningful, challenging learning opportunities. The Activity should use the UDL Guidelines in designing and implementing interventions to ensure an inclusive learning environment, particularly in the area of curricula and pedagogy reform.

g. International Development Community Coordination and Collaboration. There is an active international development community that supports Higher Education in Vietnam. HEPS will work closely with other development partners to create synergy in investments and avoid duplication.

When possible, the Activity will play a leading role in creating a platform for convergence and coordination in its priority areas, and will seek out partnerships to leverage other development partners’ investments in the program areas.

Other Requirements

HEPS activity will be implemented under conditions where various challenges including limitations related to laws, rules, regulations, standards, technology, and other constraints that must be successfully navigated. In addition to the objectives and expected results stated above, the contractor will address, and integrate each of the following requirements throughout implementation:

• Comply with all USAID Automated Directives System (ADS) guidance, including information management and security policies: Guidance and policies include, but are not limited to, those established by the USAID’s Office of Security and Office of Privacy, the Chief Information Officer (CIO), and the Freedom of Information Act (FOIA).

• Work with and through USAID enterprise systems, such as the DDL and DEC: USAID enterprise systems will be accessed within the boundaries of appropriate access controls as determined by USAID system owners and the COR. The Contractor will be expected to work within the USAID systems, rather than be responsible for building or maintaining a separate database. This will require a select number of staff to meet security clearance requirements required to obtain the necessary administrative access to these systems. The Contractor will not be expected to create a new data platform for disseminating datasets or analyses, but rather work with the existing platforms.

• Coordinate with other USAID Higher Education and Workforce Development activities: The HEPS activity will contribute to and complement USAID Education efforts to support the availability and use of high-quality, relevant data and evidence products in the education sector. The Contractor will be expected, under the supervision of the COR, to coordinate with other Higher Education and Workforce Development mechanisms to efficiently share information, meet the activity’s objectives, and reduce the potential for duplication of efforts.

• Collaborating, Learning and Adapting. Overall, the Contractor is expected to create a learning-oriented culture that enables adaptive management, and is expected to adequately allocate sufficient resources for Collaborating, Learning & Adapting (CLA) throughout implementation. The Contractor will adopt an Activity approach that contributes to the USAID/Vietnam’s commitment to a multifaceted CLA8 approach to development.