RFP 72061720R00005.pdf

Issuance Date: Thursday, July 16, 2020.

Questions Due: July 30, 2020, 4:00 p.m. Local Kampala time Past Performance Due: July 30, 2020, 4:00 p.m. Local Kampala time Closing Date for submission of proposals: August 28, 2020 4:00 p.m. Local Kampala time

Subject: Request for Proposal (RFP) Number: 72061720R00005:

Procurement of HIV Commodities for the Private Not-For-Profit (PNFP) Sector

Dear Sir/Madam:

The U.S. Agency for International Development Mission to Uganda (USAID/Uganda) is seeking proposals to provide procurement services for HIV commodities to serve the needs of the patients of the Private Not-For-Profit (PNFP) health sector in Uganda as described in the attached Request for Proposal (RFP).

USAID anticipates contracting multiple local procurement agents under separate Indefinite Quantity, Indefinite Delivery (IDIQ) contracts and at a later date issuing Task Orders under the IDIQ Contracts for the specific requirements. The U.S. Government’s requirement is grouped into the following five commodity categories:

1. ARVs

2. Other Medicines and health supplies (OI and VMMC)

3. Viral Load and EID reagents and consumables

4. HIV rapid test kits (HRTK): Determine, StatPak, Bioline, HIV/Syphilis Duo, Self-Test, Recency

5. Other Laboratory tests and consumables (CD4, Advanced disease, Pharmacovigilance)

USAID intends to separately compete the above commodity categories amongst the IDIQ holders but reserves the right to combine more than one commodity category under one task order if a responsive and responsible Offeror is evaluated superior over others for more than one commodity category.

This procurement is restricted to local Ugandan companies that are duly registered with the National Drug Authority (NDA) and meet the criteria for a local partner. To be considered a local partner, the applicant must submit supporting documentation demonstrating that their organization meets the criteria listed below at the time of application.

(1) Individual: An individual must be a citizen or lawfully admitted permanent resident of and have his/her principal place of business in the country or region served by the PEPFAR program with which the individual is or may become involved, and a sole proprietorship must be owned by such an individual

(2) Entity: An Entity other than a sole proprietorship (such as, a corporation or not-for-profit) must meet all three areas of eligibility:

1. Either – Must be incorporated or legally organized under the laws of, and have its principal place of business in the country served by the PEPFAR program with which the entity is involved

Or – Must exist in the region where the entity’s funded PEPFAR programs are implemented.

2. Either – Must be at 75% beneficially owned at the time of application by individuals who are citizens or lawfully admitted permanent residents of that same country

Or – at least 75% of the entity’s staff (senior, Mid-level, support) at the time of application must be citizens or lawfully admitted permanent residents of that same country.

3. Where an entity has a Board of Directors, at least 51% of the members of the Board must be citizens or lawfully admitted permanent residents of such country

This procurement will be conducted in accordance with the procedures set forth in Federal Acquisition Regulation (FAR) Part 15 and Part 16.5, in that the rules of competition apply to eligible Ugandan entities.

USAID anticipates that the maximum aggregate ordering limitation for the prospective Indefinite Delivery Indefinite Quantity (IDIQ) contracts will be $294.5 million over a five-year ordering period. The maximum aggregate dollar value of task orders awarded to all contractors cannot exceed this contract ceiling. This ceiling is not being subdivided equally among the number of awardees nor is it being multiplied by the number of awardees.

USAID anticipates issuing individual task orders to Contractors for procurement services of one or more of the above listed commodity categories within the combined ceiling of the IDIQ Contracts.

There is no guarantee on the number of task orders that the successful contractors will receive or the amount of money beyond the minimum order guarantee set forth in the RFP.

USAID anticipates gradually transitioning the procurement of HIV commodities for the PNFP sector from the Global Health Supply Chain - Procurement and Supply Management (GHSC/PSM) mechanism in Uganda to this IDIQ and the resulting Task Orders by year four (4) of the prospective IDIQ contract.

The RFP and any amendments to this solicitation will be issued and posted on the Contracting Opportunities website at https://www.beta.SAM.gov. An Interested Vendor List is not included in this solicitation. Offerors can register and use the Interested Vendor List (IVL) on the Contracting Opportunities website. This is a useful tool so that firms can contact one another for consideration of teaming. It is the Offeror’s responsibility to check https://www.beta.SAM.gov periodically for official updates and amendments to the solicitation. It is the responsibility of the recipient of this solicitation document to ensure that it has been received from the internet in its entirety and USAID bears no responsibility for data errors resulting from transmission or conversion processes.

Offerors are encouraged to read the entire solicitation, which includes the closing date and time, all pertinent contract requirements, and the conditions and instructions required for submitting a proposal. Pursuant to Block 12 of Standard Form 33 of this RFP, USAID requires that offers remain valid through a period of 250 days.

Offerors must e-mail questions and proposals in response to this solicitation to Mercy Lapolo, Acquisition Specialist, at KampalaUSAIDSolicita@USAID.gov, by July 30, 2020, 4:00 p.m. local Kampala time and August 28, 2020 4:00 p.m. Local Kampala time respectively. No other forms of submission will be accepted.

The authorized geographic code for procurement of goods and services under this Activity is 935.

The North American Industry Classification Systems (NAICS) code for this Activity is 541990.

Issuance of this solicitation does not in any way obligate the U.S. Government to award a contract nor does it commit the U.S. Government to pay for costs incurred in the preparation and submission of a proposal. Furthermore, the Government reserves the right to reject any and all offers, if such action is considered to be in the best interest of the Government.

Thank you for your interest in providing procurement services of health commodities for the Ugandan PNFP health sector.

Best regards, Jennifer Crow-Yang Contracting Officer

OFFICE OF ACQUISITION AND ASSISTANCE

USAID /UGANDA

PLOT 1577 GGABA ROAD

KAMPALA UGANDA

1. THIS CONTRACT IS A RATED ORDER RATING PAGE OF

PAGES

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED

SEE COVER PAGE

6. REQUISITION/PURCHASE NUMBER

SEALED BID (IFB)

NEGOTIATED (RFP)

7. ISSUED BY CODE 8. ADDRESS OFFER TO

(If other than Item 7)

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

9. Sealed offers in original and _Electronic only___ 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 depository located in n/a until (see Cover Letter and section L.7 for date and time) local (Kampala) time.

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.

A. NAME B. TELEPHONE (NO COLLECT CALLS) C. E-MAIL ADDRESS

AREA CODE

256-414

NUMBER

306-001

EXT.

6629 KampalaUSAIDSolicita@USAID.gov

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

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 4 X I CONTRACT CLAUSES 72

X B SUPPLIES OR SERVICES AND PRICES/COSTS 9 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

X C DESCRIPTION/SPECS./WORK STATEMENT 14 X J LIST OF ATTACHMENTS 92

X D PACKAGING AND MARKING 23 PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 26

X F DELIVERIES OR PERFORMANCE 27

X G CONTRACT ADMINISTRATION DATA 34 X L INSTR., CONDS., AND NOTICES TO OFFERORS 110

X H SPECIAL CONTRACT REQUIREMENTS 39 X M EVALUATION FACTORS FOR AWARD 119

X K REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS 93

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

12. In compliance with the above, the undersigned agrees, if this offer is accepted within __250______ calendar days 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 designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT 10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS (%) (See Section I, Clause No. 52-232-8)

14. ACKNOWLEDGEMENT OF AMENDMENTS AMENDMENT NO. DATE AMENDMENT NO. DATE

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated:

CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 15A. NAME AND

ADDRESS

OF OFFEROR

(Type or print)

15B. TELEPHONE NUMBER 17. SIGNATURE 18. OFFER DATE

AREA CODE NUMBER EXT. 15C. CHECK IF REMITTANCE ADDRESS IS DIFFERENT FROM

ABOVE - ENTER SUCH ADDRESS IN SCHEDULE

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM (4 copies unless otherwise specified)

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

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

USAID/Uganda Financial Management Office US Mission Compound, Plot 1577,Ggaba Road, Kampala, Uganda

CODE

26. NAME OF CONTRACTING OFFICER (Type or print)

Jennifer Crow-Yang

27. UNITED STATES OF AMERICA 28. AWARD DATE

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

(Signature of Contracting Officer)

(REV. 9-97)

10. FOR INFORMATION CALL:

Mercy Lapolo

11. TABLE OF CONTENTS

STANDARD FORM 33

SOLICITATION, OFFER AND AWARD

SOLICITATION

OFFER (Must be fully completed by offeror)

AWARD (To be completed by Government)

N/A

72061720R00005 REQ-617-20-000009

X

Refer to Table of Contents

RFP No: 72061720R00005 Procurement of HIV Commodities for PNFP

TABLE OF CONTENTS

PART I - THE SCHEDULE 9

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS 9

B.1 PURPOSE 9

B.2 CONTRACT TYPE AND SERVICES 9

B.3 MAXIMUM CONTRACT CEILING 10

B.4 MINIMUM ORDER GUARANTEE 10

B.5 CONTRACT LINE ITEMS (CLIN) UNDER TASK ORDER 10

B.6 CLINs 0030-0032 - COST REIMBURSABLE 11

B.7 AWARD FEE IMPLEMENTATION PLAN 11

SECTION C - DESCRIPTION / STATEMENT OF WORK 14

C.1 TITLE OF ACTIVITY 14

C.2 BACKGROUND 14

C.3 ACTIVITY SCOPE 16

C.4 OBJECTIVES 17

C.5 MANAGEMENT PLAN AND KEY PERSONNEL 23

SECTION D - PACKAGING AND MARKING 24

D.1 752.7009 MARKING (JAN 1993) 24

D.2 BRANDING POLICY 24

D.3 BRANDING STRATEGY 24

SECTION E - INSPECTION AND ACCEPTANCE 26

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 26

E.2 INSPECTION AND ACCEPTANCE 26

E.3 RESPONSIBLE OFFICIAL 26

SECTION F - DELIVERIES OR PERFORMANCE 27

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 27

F.2 PERIOD OF PERFORMANCE 27

F.3 PLACE OF PERFORMANCE 27

F.4 REPORTS AND PERFORMANCE OBJECTIVES OR OUTPUTS 27

F.5 REPORTS AND DELIVERABLES OR OUTPUTS 28

F.6 ORDERING PROCEDURES 29

SECTION G - CONTRACT ADMINISTRATION DATA 34

G.1 752.7003 DOCUMENTATION FOR PAYMENT (NOV 1998) 34

G.2 CONTRACTING OFFICE 35

G.3 CONTRACTING OFFICER’S REPRESENTATIVE (COR) 35

G.4 TECHNICAL DIRECTIONS/RELATIONSHIP WITH USAID 36

G.5 PAYING OFFICE 37

G.6 ACCOUNTING AND APPROPRIATION DATA 37

G.7 INVOICING INSTRUCTIONS 37

G.8 CONTRACTOR’S PRIMARY POINT OF CONTACT 38

SECTION H - SPECIAL CONTRACT REQUIREMENTS 39

H.1 DEFENSE BASE ACT (DBA) INSURANCE FOR 2015-2020 39

H.2 AUTHORIZED GEOGRAPHIC CODE 40

H.3 LOGISTIC SUPPORT 40

H.4 CONSENT TO SUBCONTRACT 41

H.5 RESTRICTIONS AGAINST DISCLOSURE (MAY 2016) 41

H.6 SOFTWARE LICENSE ADDENDUM (MAY 2016) 42

H.7 MEDIA AND INFORMATION HANDLING AND PROTECTION (APRIL 2018) 42

H.8 PRIVACY AND SECURITY INFORMATION TECHNOLOGY SYSTEMS INCIDENT

REPORTING (APRIL 2018) 44

H.9 SKILLS AND CERTIFICATION REQUIREMENTS FOR PRIVACY AND SECURITY

STAFF (APRIL 2018) 48

H.10 SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION TECHNOLOGY

(APRIL 2018) 49

H.11 CLOUD COMPUTING (APRIL 2018) 54

H.12 ACCESS TO USAID FACILITIES AND USAID'S INFORMATION SYSTEMS (APR 2020)

H.13 LANGUAGE REQUIREMENTS 63

H.14 ENVIRONMENTAL COMPLIANCE AND MANAGEMENT 63

H.15 ELECTRONIC PAYMENTS SYSTEM 64

H.16 302.3.5.19 USAID-FINANCED THIRD-PARTY WEB SITES (NOV 2017) 65

H.17 SUBMISSION OF DATASETS TO THE DEVELOPMENT DATA LIBRARY (DDL) (OCT

2014) 67

H.18 ELECTRONIC AND INFORMATION TECHNOLOGY ACCESSIBILITY (APR 2018) 68

H.19 ADS 302.3.5.16(a)(3) CONDOMS (ACQUISITION) 69

H.20 ADS 302.3.5.16(a)(4) PROHIBITION ON THE PROMOTION OR ADVOCACY OF THE

LEGALIZATION OR PRACTICE OF PROSTITUTION OR SEX TRAFFICKING (SEP 2014)

H.21 CONSCIENCE CLAUSE IMPLEMENTATION (FEB 2012) 70

H.22 SHOCK MODIFIER 71

PART II - CONTRACT CLAUSES 72

SECTION I - CONTRACT CLAUSES 72

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 72

I.2 52.203-13 CONTRACTOR CODE OF BUSINESSES AND CONDUCT (JUN 2020) 77

I.3 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS (JAN 2017) 79

I.4 52.216-24 LIMITATION OF GOVERNMENT LIABILITY (APR 1984) 80

I.5 52.222-50 COMBATING TRAFFICKING IN PERSONS (JAN 2019) 80

I.6 AIDAR 752.225-70 SOURCE AND NATIONALITY REQUIREMENTS (FEB 2012) 87

I.7 752.229-71 REPORTING OF FOREIGN TAXES (JULY 2007) 88

I.8 AIDAR 752.242-70 PERIODIC PROGRESS REPORTS (OCT 2007) 89

I.9 AIDAR 752.245-70 GOVERNMENT PROPERTY—USAID REPORTING REQUIREMENTS

(OCT 2017) 89

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS 92

SECTION J - LIST OF ATTACHMENTS INCLUDED AND REFERENCED BY LINK 92

PART IV - REPRESENTATIONS AND INSTRUCTIONS 93

SECTION K – REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFERORS 93

K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE 93

K.2 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2017) 93

K.3 INSURANCE - IMMUNITY FROM TORT LIABILITY 97

K.4 52.204-3 TAXPAYER IDENTIFICATION (OCT 1998) 97

K.5 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS—REPRESENTATION (NOV 2015) 99

K.6 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015) 99

K.7 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) 101

K.8 52.230-1 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION (OCT

2015) 102

K.9 52.230-7 PROPOSAL DISCLOSURE--COST ACCOUNTING PRACTICE CHANGES (APR

2005) 104

K.10 52.222-38 COMPLIANCE WITH VETERANS EMPLOYMENT REPORTING

REQUIREMENTS (FEB 2016) 104

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

LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016) 104

K.12 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN

INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS-REPRESENTATION

(JAN 2017)

K.13 52.215-6 PLACE OF PERFORMANCE (OCT 1997) 105

K.14 52.222-56 CERTIFICATION REGARDING TRAFFICKING IN PERSONS COMPLIANCE

PLAN (MAR 2015) 106

K.15 52.222-56 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (Aug 2019). 106

K.16 AUTHORIZED NEGOTIATORS 108

K.17 SIGNATURE 108

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS 110

L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE 110

L.2 302.3.5.16(a)(1) CONSCIENCE CLAUSE IMPLEMENTATION (ACQUISITION) –

SOLICITATION PROVISION (FEB 2012) 110

L.3 52.216-1 TYPE OF CONTRACT (APR 1984) 111

L.4 52.233-2 SERVICE OF PROTEST (SEP 2006) 111

L.5 GENERAL INSTRUCTIONS TO OFFERORS 112

L.6 SUBMISSION/DELIVERY INSTRUCTIONS 113

L.7 INSTRUCTIONS FOR THE PREPARATION OF THE TECHNICAL PROPOSAL 114

L.7.1 General Technical Proposal Instructions 114

L.7.2 Technical Proposal Format 115

L.9 INSTRUCTIONS FOR THE PREPARATION OF BRANDING AND MARKING PLANS 117

SECTION M - EVALUATION FACTORS FOR AWARD 119

M.1 GENERAL INFORMATION 119

M.2 EVALUATION CRITERIA 119

M.3 IDIQ CONTRACT AWARD 121

M.4 SOURCE SELECTION 121

ATTACHMENTS 123

Attachment J.1: Illustrative Orders per Commodity Category 123

Attachment J-2: Acronyms 128

Attachment J-3: Past Performance Information 130

Attachment J-4: Disclosure of Lobbying 131

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PURPOSE

The purpose of this contract is to provide procurement services for HIV related health commodities while establishing and operating a safe, secure, reliable, and sustainable procurement management system for HIV/AIDS commodities (pharmaceuticals, test kits, supplies, laboratory reagents) needed to provide care and treatment of persons with HIV/AIDS in Uganda receiving care through the Private Not-For-Profit (PNFP) sector. USAID Task Order Contracting Officers (TOCOs) will request specific work through the issuance of Task Orders during the ordering period as specified in Section F of the Contract.

B.2 CONTRACT TYPE AND SERVICES

This is an Indefinite Delivery Indefinite Quantity (IDIQ) contract consisting of Firm-Fixed-Price line items (CLINs 0010-0015) with Award Fee line items (CLIN 0020) and Cost Reimbursement contract line items (CLINs 0030-32) for the purpose of providing procurement management services for HIV-related commodities and delivery of such commodities to the designated warehouse or laboratory.

Under the Firm-Fixed-Price with Award Fee portion of the contract (CLINs 0010-0015, 0020), the Contractor shall provide procurement management services for HIV commodities and perform all activities necessary for the performance of work described in Sections C.3, C.4, and C.5. and other sections of the contract. USAID will pay a firm-fixed-price per order for the Contractor’s effort negotiated for each distinct commodity category, and award fee for meeting delivery schedule requirements described in Section B.7. The firm-fixed-price per order must not include expenses identified as reimbursable under CLINs 0030-0032.

USAID will reimburse the Contractor for the expenses of commodities procured, and cost of freight and logistics, customs clearance charges and transit bonded warehouse charges, transport from customs warehouse/port to warehouse or laboratory under the Cost Reimbursement portion of the contract (CLIN 0030-0032). For the cost of commodities, the Contractor will be reimbursed for the FoB Destination cost.

USAID will issue Task Orders consisting of CLIN 0010, CLIN 0020 and CLIN 0030 for any or all of the commodity categories:

1. ARVs

2. Other Medicines and health supplies (OI and VMMC)

3. Viral Load and EID reagents and consumables

4. HIV rapid test kits (HRTK): Determine, StatPak, Bioline, HIV/Syphilis Duo, Self-Test,

5. Other Laboratory tests and consumables (CD4, Advanced disease, Pharmacovigilance)

For the consideration set forth below, the Contractor must perform the work described in Section C in accordance with the performance standards specified in Section B.7 and F.4 and otherwise comply with all contract requirements.

B.3 MAXIMUM CONTRACT CEILING

This is a Multiple Award IDIQ with an overall ceiling price of $294,500,000.00. The maximum aggregate dollar value of the task orders awarded to all contractors cannot exceed this contract ceiling. This ceiling is not being subdivided among the number of awardees nor is it being multiplied by the number of awardees. The maximum aggregate dollar value of Task Orders awarded to each contractor must not exceed the ceiling price of the respective individual IDIQ.

B.4 MINIMUM ORDER GUARANTEE

The minimum order guarantee for this contract is $10,000.00 which is the minimum USAID is required to order and the Contractor is required to furnish the minimum order amount of services or supplies. The initial obligation is expected to be applied towards the first task order issued after the award of the basic contract.

B.5 CONTRACT LINE ITEMS (CLIN) UNDER TASK ORDER

Item No. Supplies/Services (Description) Unit

Ceiling Unit Price

Ceiling Amount

0010 Firm Fixed Price Line Items

0011 Handling Fee (applied as a fixed percentage) ARV drugs Order TBD TBD

Handling Fee (applied as a fixed percentage) OI and VMMC commodities

Order TBD TBD

0013 Handling Fee (applied as a fixed percentage) HRTK Order TBD TBD

Handling Fee (applied as a fixed percentage) Viral Load and EID reagents and consumables

Order TBD TBD

Handling Fee (applied as a fixed percentage) Other Laboratory reagents, supplies (e.g. CD4, CrAG and pharmacovigilance) Order TBD TBD

CLIN 0010 Total (LINs 0011-0015) TBD TBD

0020 Award Fee % of maximu m fee

TBD

0030 Cost Reimbursement Line Items Basis Total Cost

0031 Health Commodities - EXW, FOB or DAP invoice from manufacturer

Freight and Logistics (F&L) - invoice from shipper/freight forwarder

TBD

Customs clearance charges and transit bonded warehouse charges

Transport from customs warehouse/port to warehouse or laboratory, If third party, invoice, if not, then fixed kms rate

CLIN 0030 Total (CLINS 0031-0032) TBD

B.6 CLINs 0030-0032 - COST REIMBURSABLE

The costs allowable will be limited to reasonable, allocable and necessary costs determined in accordance with FAR 52.216-7, Allowable Cost and Payment (August 2018), and AIDAR 752.7003, Documentation for Payment.

B.7 AWARD FEE IMPLEMENTATION PLAN

(a) Pursuant to FAR 16.401, this contract includes an award fee. A fixed-price contract with award-fee pays only the fixed management fee for each order for performance at a satisfactory level. The contract provides for an award fee amount sufficient to provide motivation for excellence in delivery schedule that the contractor may earn in whole or in part at the discretion of the Contracting Officer.

(b) Award Fee Plan

The award-fee plan establishes the procedures for evaluating award fee and establishing an Award Fee Board for conducting the award-fee evaluation as follows:

(1) Award Fee Evaluation Criteria

The sole performance indicator used in this procurement is client On-Time and In-Full Delivery.

In this case, the Client is the destination warehouse or laboratory in Kampala. On-Time is defined as within 14 days of the agreed to Estimated Delivery Date (EDD). In-full is defined as the total quantity expected at the EDD. A provision to extend the EDD in cases where the manufacturer fails to meet its expected delivery date, is allowed. No Award fees will be paid for DAP orders such as VL/EID Vendor Managed Inventory (VMI) orders.

The period of consideration for Award fees is a six-month period. The first semester runs from August 1st through January 31st. The second semester runs from February 1st through July 31st.

In any semester, if less than 85% of orders delivered to the warehouse or laboratory were not delivered within 14 days of the EDD, no Award Fee will be paid.

In any semester where 85 - 89% of orders were delivered within 14 days after the EDD, a 5% Award Fee will be paid. The 5% is applied against the fixed management fee on the orders delivered.

In any semester where 90-94% of orders were delivered within 14 days after the EDD, a 9% Award Fee will be paid. The 9% is applied against the fixed management fee on the orders delivered.

In any semester where 95-100% of orders were delivered within 14 days after the EDD, a 12% Award Fee will be paid. The 12% is applied against the fixed management fee on the orders delivered.

(i) Award Fee Board

The contractor’s performance will be evaluated each semester by an Award Fee Board. The Contracting Officer will designate the Award Fee Board (AFB) and appoint an AFB Chairperson. The AFB will be composed of at least three individuals and will likely include as voting members:

● The Contracting Officer’s Representative;

● A USAID/Uganda Supply Chain Expert; and

● A USAID/Uganda Representative.

The payment of the Award Fee and the amount of the Award Fee, if any, will be determined each semester following the end of the semester. The Award Fee determination and the methodology for determining the award fee are unilateral decisions made solely at the discretion of the Government.

The AFB will make its report of findings and recommendations to the cognizant Contracting Officer (CO) who serves as the Fee Determination Official (FDO).

(ii) Award Fee Evaluation

For the purposes of the Award Fee evaluation, the Contractor will submit a report on a semi-annual basis including the performance against on-time and in-full delivery of the orders that were delivered to the warehouse or laboratory during the previous semester of the Contract year.

For the purpose of the Award Fee, the Contract Year runs from August 1st through July 31st.

This adjusted contract year is established in order to allow USAID to process the Award fees prior to September 30th of the calendar year. There might be a shorter than six-month period for evaluation of the award fee from the contract start date to the first cut-off date. The second evaluation period onward, the semester start and end dates shall be from August 1st to January 31st, and from February 1st to July 31st.

Monitoring reports prepared by the COR, as well as written comments prepared by the COR on the semi-annual report will also form part of the record for the award fee review.

Using these materials, the Award Fee Board will prepare a report of its assessment of the Contractor’s achievements and rating against the award fee evaluation criteria set forth in the preceding sections. This report will be used by the cognizant Contracting Officer as the Fee Determination Official in establishing how much incentive fee to award for that period. The Contractor will have access to this report and be given the opportunity to comment on it before the fee determination decision is made.

(iii) Determination of Award Fee

On a semi-annual basis, the Fee Determination Official (FDO) will take into account the reports of the Contractor on completing each order, and any other pertinent technical or management reports, and the report of the Award Fee Board. In this manner, the FDO will make his/her semi-annual award fee determination.

[END OF SECTION B]

SECTION C - DESCRIPTION / STATEMENT OF WORK

C.1 TITLE OF ACTIVITY

Local Partner Procurement of HIV commodities

This award seeks to transition USAID’s procurement of HIV commodities needed for the private not-for-public (PNFP) sector from USAID’s central Global Health Supply Chain Program– Procurement and Supply Management (GHSC-PSM) and Rapid Test Kits (GHSC-RTK) mechanisms to multiple local procurement agents under Task Orders for the specific requirements. This transition will occur over a multi-year period and gradually move from approximately 25 percent ($20.4 million) of the total PNFP sector requirement in year one to 100 percent in year four ($84.5 million). USAID intends to award Indefinite Delivery Indefinite Quantity (IDIQ) contracts to multiple vendors. Task Orders will be awarded under the IDIQs based on the annual, national forecast and supply plan and as approved under the Uganda Country Operation Plan (COP).

C.2 BACKGROUND

The USAID/Uganda Mission’s strategy focuses on activities contributing to the sustainable transformation of Uganda’s governance, economy and health sector. Transformational change for Uganda lies with its people, and in their ability to actively and effectively engage in this change.

This activity is in line with the principles of self-reliance, and in response to the Office of the Global AIDS Coordinator (OGAC)’s policy to ensure that 70% of the Country Operation Plan (COP) budget is provided to local partners by the end of Fiscal Year (FY) 2021. Every year, the US Government (USG) team in Uganda is given an amount of money to support the Ugandan HIV/AIDS effort. The COP describes how this money will be divided between USG Agencies, activities and implementing partners. The COP budget attributes to USAID an amount of money that shall be spent to procure HIV commodities. This activity will contribute to USAID/Uganda’s Country Development and Cooperation Strategy (CDCS) Development Objective (DO) 3 Intermediate Result (IR) 3.3 “Key Elements of Systems Strengthened” and particularly sub-IR 3.3.2, “Availability and Management of Quality Commodities Improved.” This activity ensures the cost-effective procurement of critical HIV commodities for the private not-for-profit (PNFP) sector necessary to achieve and maintain epidemic control of HIV.

HIV in Uganda

Uganda has a population of 42.8 million. The prevalence of HIV among adults aged 15 to 64 in Uganda was, according to the Uganda Population-Based HIV Impact Assessment, 6.2%: 7.6% among females and 4.7% among males in 2016. This corresponds to approximately 1.3 million people aged 15-64 living with HIV in Uganda. Among the People Living with HIV (PLHIV) aged 15 to 64 who knew their status, 90.4 percent were on antiretroviral therapy (ART). The U.S.

Government (USG) in Uganda directly supports the treatment of patients in the private not-for-profit sector as well as contributes to the support of patients in the public sector.

President's Emergency Plan for AIDS Relief (PEPFAR) in Uganda

PEPFAR was started in 2003 and has been reauthorized three times since its beginning. The initiative is aimed at extending prevention, treatment and care to millions of HIV-affected people in more than 120 countries worldwide. In Uganda, PEPFAR is led by the U.S. Embassy Department of State and implemented by USAID/Uganda, the Centers for Disease Control and Prevention (CDC), the U.S. Department of Defense and the U.S. Peace Corps. PEPFAR programs support the priorities and strategic objectives of the Government of Uganda.

The National AIDS Control Program (ACP)

AIDS cases were first recognized in Uganda in 1983, with about 900 cases reported by 1986, rising to 6,000 cases by 1988. Uganda responded by taking an open stance to the epidemic and was among the first African countries to establish a national AIDS Control Program (ACP) and the National Committee for the Prevention of AIDS (NCPA). Working with financial and technical support from the World Health Organization (WHO), ACP launched and effectively coordinated the first multi-sectoral mobilization campaign through which HIV prevention messages were widely disseminated in the country at a critical time when there was a dearth of knowledge and information about the epidemic.

Supply Chain Systems in Uganda

In Uganda, both USAID and CDC procure HIV commodities for the Private Not-For-Profit (PNFP) sector. Under COP 2018, USAID procured $40 million and CDC procured $64 million worth of HIV commodities. USAID procures its commodities via the GHSC/PSM IDIQ mechanism. CDC procures through a local partner, Medical Access Uganda Limited (MAUL) via a Cooperative Agreement. MAUL also ensures the warehousing and distribution of CDC-procured HIV commodities for and to patients seen at CDC-supported PNFP ART clinics. GHSC/PSM ensures the warehousing and distribution of USAID-procured HIV commodities for and to patients seen at USAID-supported ART clinics via a sub-contract with Joint Medical Stores (JMS).

In the public sector, the National Medical Stores (NMS) warehouses and distributes HIV commodities to and for patients seen in public sector ART facilities. ARVs for the public sector are procured by the Government of Uganda (GoU), the Global Fund and the U.S. Government.

All USG-funded ARVs for the public sector are procured by USAID mechanisms. Discussions leading to a Government-to-Government agreement between USAID and the GoU whereby NMS would procure USG-funded ARVs for the public sector are underway.

The USG funds Uganda’s viral load (VL) and early infant diagnosis (EID) costs and these are currently split equally between USAID and CDC. All VL testing is centralized at the Central Public Health Laboratory (CPHL), as is most EID. There is a program underway to decentralize EID to approximately 200 ‘point of care’ sites around the country. The Global Fund for AIDS, Tuberculosis and Malaria (GFATM) has begun to also procure VL and EID commodities. It is expected that GFATM as well as Government of Uganda (GoU) funding for VL/EID will increase over the coming years.

C.3 ACTIVITY SCOPE

Commodities play a crucial role in the provision of health services; pursuing a strategy to ensure their availability will drive successful, uninterrupted service delivery. The purpose of this contract is to establish and operate a safe, secure, reliable and sustainable procurement management system for HIV/AIDS commodities (pharmaceuticals, supplies, laboratory reagents) needed to provide care and treatment of persons with HIV/AIDS in Uganda within the PNFP sector. Overall, the Contractor (also referred to as the local procurement agent(s)) will be responsible for the solicitation, evaluation, negotiation, award, management, and administration of supply contracts, under USAID guidance and approval and in compliance with USG contracting rules, in support of PEPFAR in Uganda.

The key beneficiaries of this contract will be PNFP sector health facilities, testing laboratories, the ACP, and the Pharmacy Department of the Ministry of Health.

The products anticipated to be supplied through this contract are:

● ARVs

● Other Medicines and health supplies (OI and VMMC)

● Viral Load and EID reagents and consumables

● HIV rapid test kits (HRTK): Determine, StatPak, Bioline, HIV/Syphilis Duo, Self-Test,

● Other Laboratory tests and consumables (CD4, Advanced disease, Pharmacovigilance)

The Local Partner Procurement of HIV Commodities mechanism is linked to and must collaborate primarily with:

1. The Quantification and Procurement Planning Unit (QPPU) of the Pharmacy Department at the Ministry of Health;

2. The National Drug Authority (NDA);

3. The warehouse(s) where the commodities procured will be delivered;

4. USAID’s ‘above site’ supply chain technical assistance mechanism; and

5. Any third-party fiduciary monitoring agent(s) assigned by USAID.

Quantification and Procurement Planning Unit (QPPU)

QPPU is responsible for developing a national forecast and supply plan for all HIV commodities procured by the GoU as well as donors, e.g., the USG and Global Fund, for both the public and private sectors. The USG supports the QPPU technically and financially as well as participates actively in quantification. The jointly developed supply plan is used to prepare a request for PEPFAR funding that then is approved for procurement under the COP. The portions of the COP-approved plan that USAID expects the local procurement agents to procure will then be submitted to the Contractor (local procurement agent(s)) for execution.

National Drug Authority

NDA is responsible for the quality and customs clearance of all health commodities consumed in Uganda. The local procurement agent(s) will work with NDA and appropriate Local Technical Representatives (LTR) to ensure the appropriate and timely importation and clearance of USAID-funded HIV commodities.

Warehouses

It is expected that all ARVs, HRTKs, Other Laboratory, and VMMC commodities procured by the local procurement agent(s) and used by patients in the private not-for-profit sector will be delivered to and stored and distributed by a USAID-designated appropriate central warehouse for the private not-for-profit sector in Kampala, and that all Viral Load and Early Infant Diagnosis reagents will be delivered to the Uganda National Health Laboratory Services (UNHLS). The local procurement agent(s) must communicate and coordinate with the USAID-designated central warehouse and UNHLS to ensure the appropriate and timely delivery and transfer of USAID-procured HIV commodities to the appropriate designated warehouse or laboratory.

Once delivered, both the procurement agent and the respective warehouse of laboratory must inform USAID CO and the COR. USAID will verify and confirm that the types and quantities procured were delivered as the respective management fee payments are being processed.

Additionally, the USAID Fiduciary Monitoring agent will verify that the types and quantities received were properly entered into the respective Enterprise Resource Planning (ERP) tool of the warehouse/laboratory.

Supply Chain Technical Assistance mechanism

USAID/Uganda’s program of assistance includes a bi-lateral supply chain technical assistance mechanism, currently named Uganda Health Supply Chain (UHSC). This mechanism focuses on supply chain policy and works to strengthen supply chain systems throughout Uganda. This mechanism provides assistance to the Pharmacy Department, national programs, the National Medical Stores (NMS), Joint Medical Stores (JMS) and USG Agencies and Implementing Partners. Should USAID determine that the local procurement agent(s) requires additional technical assistance, this assistance would likely be provided by USAID’s supply chain technical assistance mechanism.

C.4 OBJECTIVES

In the course of providing HIV commodity procurement services, the Contractor must:

● ensure efficient and timely procurement of HIV commodities funded by USAID and intended for the PNFP sector, in compliance with USG regulations;

● ensure that at least 85 percent of all orders are delivered on-time and in-full to the client, i.e., the central warehouse or laboratory that USAID will designate;

● improve the accuracy of supply and procurement planning of HIV commodities;

● collect and submit samples for quality testing to the relevant subcontractor, as requested by USAID;

● ensure the economical and timely shipping from manufacturers to the USAID-designated central warehouse or laboratory in Kampala;

● ensure timely and cost-effective forwarding and customs clearance processing requirements; and

● maintain the flexibility to manage commodity transitions including the phase-out of existing commodities and the introduction of new commodities as per applicable guidelines.

C.4 (a) ACTIVITY COMPONENT REQUIREMENTS

To accomplish the overall objective, the Contractor must attain the following results/sub-objectives:

(1) Develop and maintain a robust program management system to ensure the effective and efficient delivery of contract services and the achievement of performance standards contained in the contract.

(2) Develop and maintain a competitive and transparent procurement process to procure required commodities that:

- fully complies with all applicable USG contracting laws and regulations,

- achieves the best value to the USG (best value refers to product quality, availability, on-time delivery and price).

(3) Maintain contingency plans and product risk profiles.

(4) Contribute to the maintenance of a quality assurance (QA) program to obtain and manage the required documentation and verify that supplies meet contractual and product specifications. Quality testing will be conducted through the Global Health Supply Chain/Quality Assurance (GHSC/QA) mechanism.

(5) Establish an efficient and cost-effective freight forwarding system to ensure on-time delivery to the USAID-designated central warehouse in Kampala, or other locations as designated by USAID.

These different components must perform in a smooth, interconnected and seamless manner for the Project to succeed for the timely provision of needed commodities and support.

Program Management Requirements

As a general requirement, the Contractor must furnish all necessary personnel, facilities, supplies and equipment to provide the USG with the services set forth below. The Contractor must ensure that any subcontractors or vendors meet the performance standards and objectives set forth in any resulting contract.

C.4.(a)(1) Develop and maintain a robust program management capability to ensure the effective and efficient delivery of contract services and the achievement of performance standards contained in the contract.

At a minimum, the Contractor shall direct, coordinate, manage, monitor, evaluate and report on the development and operation of each activity component. Tasks include, but are not limited to, the following:

1. Develop a timeline for the completion of all major stages of a procurement through to delivery to the warehouse or laboratory.

2. Develop procedures to monitor system operations to ensure tasks are completed on time and identify current or foreseeable problems.

3. Provide regular reports (at intervals and with reporting requirements as specified in Section F.5) to the USG on progress toward implementation of the program’s goals.

4. Develop a system of monitoring and exception reporting on supply chain performance that provides the USG with early warning of implementation problems. Special, constant attention should be given to any instances of manufacturer delays or issues with the availability of active pharmaceutical ingredient (API), freight forwarding, quality control, and customs clearance.

5. Develop and implement solutions to problems and propose modifications to procedures to take advantage of lessons learned.

6. Conduct quarterly reviews of system implementation, unresolved problems, and foreseeable needs for near-term change, and consult and collaborate with the USG to design and implement needed corrective actions. Conduct comprehensive annual reviews of the performance of each of the overall components.

7. Assist the USG Uganda team in other related ad hoc tasks under the contract.

C.4(a)(2) Develop and maintain a competitive and transparent capability to procure required commodities that:

● Fully complies with all applicable USG contracting laws and regulations, including the procurement of ARVs only from FDA-approved manufacturing plants.

A detailed commodity list will be developed in consultation with the Uganda USG team and GOU and will provide the “catalog” of commodities approved for purchase under this activity. While bound by the limitations of the provided detailed commodity list, the sources for these commodities will be in accordance with current USAID guidance as found in ADS 312 and other USAID approved source-origin waiver documents. For eligibility under the Project, ARVs must be approved by the US Food and Drug Administration (FDA) and registered (or temporarily waived following GoU request) by the Ugandan National Drug Authority (NDA).

The Contractor must obtain necessary pharmaceuticals, HIV test kits, laboratory commodities, and other commodities through open, competitive, purchase procedures; limited-source procurements;

sole-source procurements, as appropriate given the generic, branded or closed-system nature of the commodity.

Categories of commodities must include, but are not limited to, the following:

● Anti-retroviral drugs (ARVs)

● Other pharmaceuticals and medical supplies for the prevention or treatment of OI and for

VMMC.

● HIV and other rapid test kits.

● Viral Load and Early Infant Diagnosis reagents and supplies

● Other laboratory reagents, test kits and supplies for monitoring (e.g. CD4, CrAG and pharmacovigilance).

The USG Uganda team will provide to the Contractor the types and quantities of goods to be procured, and the requested delivery dates. It is the responsibility of the Contractor to plan the procurement of commodities based on this supply plan that is prepared by the Ministry of Health and approved by USAID. Should opportunities for consolidation of orders present themselves that may result in decreased shipping costs, the Contractor shall inform USAID of this possibility.

USAID will review and decide whether orders shall or shall not be consolidated prior to the Contractor proceeding to order.

Overall, the Contractor will be responsible for the solicitation, evaluation, negotiation, award, management, and administration of supply contracts, under USAID guidance and in compliance with USG contracting rules. Tasks include, but are not limited to, the following:

1. Receive the TO request from USAID.

2. Identify supply sources meeting USG criteria and Ugandan registration requirements for the projected products and quantities.

3. Identify the prices at which the Contractor can secure desired quantities of these products as well as projected delivery schedules.

4. Evaluate the prices and expected delivery dates of the appropriate suppliers. In the case of generic commodities, the Contactor should solicit bids from at least three (3) suppliers.

5. Unless otherwise specified by USAID, the Contractor shall use FoB international commercial INCO-term when procuring from international sources.

6. Secure competitive bids for procurement needs through open international tenders or, where sole-source or limited-source procurement is required, assist the USG Uganda team in securing the appropriate waivers by preparing necessary documentation for waiver requests.

7. Prepare Requisition Requests including types, quantities, (FoB) prices, freight, insurance and customs clearance cost estimates, delivery to warehouse cost and expected delivery dates and forward to COR for approval, prior to placing an order to a proposed supplier.

8. Prepare waiver requests promptly and forward to the COR for approval.

9. Ensure that proposed delivery schedules are consistent with the delivery schedules that meet program supply needs.

10. Identify any emerging or potential production or delivery problems (e.g., insufficient supplies, failure to meet procurement specifications, supply surpluses), and propose solutions for these problems.

11. Monitor project and program requests to ensure all requests receive prompt and accurate service.

12. Assure the delivery of shipments manufacturer/supplier to warehouse, per procurement agreement.

13. Track all shipments, provide timely data of this tracking information and ensure timely delivery to the warehouse.

14. Generate all the documents required for importation of the products and ensure timely and accurate distribution of the documents to all of the parties in the sending countries or in Uganda, who must participate in the importation process.

15. For clearance purposes with the GOU, for each requested shipment, coordinate the desired shipping/arrival date and shipping mode.

16. Conduct periodic reviews of freight-forwarding practices and results and participate in the assessment of proposed alternatives.

17. Maintain a robust financial system that will track Value Added Tax (VAT) paid, so as to support VAT reimbursements from the GOU.

C.4(a)(3) Contribute to the maintenance of a quality assurance (QA) program to obtain and manage the required documentation and verify that supplies meet contractual and product specifications.

The Contractor must procure a wide variety of HIV commodities from a detailed commodity list provided by the USG. This detailed commodity list will include the categories referenced in C.3 (a)(2) above. The Contractor must ensure appropriate health commodity quality assurance (QA) and quality control processes. The Contractor must assemble and maintain appropriate documents supporting the quality certifications of all listed commodities.

Collaboration with QA Contractor and other USAID Designee

Quality Assurance testing for HIV commodities procured by the Contractor will be conducted through the Global Health Supply Chain/Quality Assurance (GHSC/QA) mechanism. It is the responsibility of the Contractor to ensure compliance with applicable USG and country requirements regarding quality and to coordinate with the GHSC/QA mechanism for quality testing, as required. Quality testing will be funded by USAID separately from this IDIQ.

The Contractor must have an understanding of domestic and international guidelines, policies, and regulations regarding the quality, safety, efficacy and use of pharmaceutical products and other medical supplies. The Contractor must also understand the challenges in providing these products, including the issue of counterfeit and substandard drugs, the challenges in testing these drugs for quality, safety and efficacy, and the challenges of increasing in-country capacity in quality assurance. Tasks include the following:

1. For approved drugs and equipment, verify approval by both the USG and GOU/MOH;

documentation, labeling, and regulatory status, e.g. any safety alerts, recalls, labeling changes, reported adverse drug reactions. Maintain a database tracking this information.

2. Adhere to USG procedures related to these procurements and carry out or modify planned procurements accordingly.

3. Secure any necessary documents for waivers on activities throughout the Project, as needed.

C.4(a)(4) Maintain contingency plans and product risk profiles to mitigate the most likely risks affecting the constant and reliable flow of health commodities.

Likely risks that affect this constant and reliable flow of health commodities must include, but are not limited to:

- Production delays

- Disruptions of raw materials and component supplies

- Problems with manufacturing capacity

- Extreme changes in supply or demand of products

- Long lead times

- Theft

- Registration and customs delays

Uganda is a high-risk environment for financial waste, fraud, and abuse. Risks stem from the thin layers of qualified staff available to organizations; weak systems of internal control within organizations; and a culture with high levels of tolerance for corruption and favoritism.

USAID takes a zero-tolerance approach toward fraud, corruption, or violation of law that involves U.S. taxpayer funds. High quality, upright financial management in accordance with USAID rules and regulations is essential for the successful completion of the scope of work.

To provide support as well as strengthen the accountability and fiduciary risk management of local development partners in Uganda, USAID has established the Accountability and Risk Management Support Services activity which is intended to provide technical assistance, training and other support for: (i) third party monitoring; (ii) fiduciary risk management; and (iii) fiduciary capacity building.