RFP No. 72061221R00005 Printing, Binding, and Distribution of LBs and TGs Final.pdf

RFP No. 72061221R00005 1 | Page

Date Issued: July 23, 2021 Deadline for receiving questions: August 5, 2021 – 17.00hrs (local time in Lilongwe) Closing Date and time: August 23, 2021 – 15.00hrs (local time in Lilongwe)

Subject: Request for Proposal (RFP) No. 72061221R00005

Printing, Binding, and Distribution of Standards 1 to 4 Chichewa and English Learners’ Books (LBs) and Teachers’ Guides (TGs)

Dear Offerors:

The United States Agency for International Development (USAID) Mission in Malawi (USAID/Malawi) is soliciting proposals from qualified printing firms to print, bind and distribute Learners’ Books and Teachers’ Guides under USAID funding as described in this solicitation.

This Request for Proposals (RFP) is issued as a limited competition for local printing firms in order to develop local capacity. USAID plans to award a one-year period one firm-fixed price contract to one successful Offeror. The total estimated price of the contract is in the range of $3.5-$4 million. Nevertheless, revealing the total estimated price for the contract does not mean that offerors should necessarily strive to meet the maximum amount. Price will be evaluated as part of the Best-Value determination for contract award and the Offerors must propose the price that is realistic and reasonable for the work.

To be eligible to participate in this competition, prospective Offerors must be an individual, a corporation, a nonprofit organization, or another body of persons that:

1) Is legally organized under the laws of Malawi; and

2) Has its principal place of business or operations in Malawi; and

3) Is majority owned by individuals who are citizens or lawful permanent residents of Malawi;

and

4) Is managed by a governing body the majority of who are citizens or lawful permanent residents of Malawi.

Offerors are encouraged to read the entire solicitation, which includes all pertinent technical sections and the terms, conditions and instructions required for submitting a proposal. Offerors must comply with FAR clause 52.204-7, System for Award Management, and adhere to the requirements set forth in Section K – Representations, Certifications and Other Statements of Offerors.

If your organization decides to submit a proposal in response to this solicitation, it must be submitted in accordance with the instructions of the solicitation. All proposals must be submitted

2 | Page by e-mail before the closing date and time specified in the solicitation. Proposals received after the closing date and time will not be considered eligible for evaluation or award, unless there is acceptable evidence to establish that the proposal was received by USAID prior to the time and date specified in the solicitation.

Proposals received in response to this solicitation must be valid for 90 days.

Amendments to this solicitation will be made available through the U.S. Government homepage at https://www.sam.gov . It is the Offeror’s responsibility to check this website periodically for official updates and amendments to the solicitation. This solicitation in no way obligates USAID to award a contract, nor does it commit USAID to pay any costs incurred in the preparation and submission of a proposal in response hereto. 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 U.S.

Government.

Please submit all questions about this RFP no later than the deadline above to OAA-MALAWI- SOLICIT@usaid.gov with a copy to dglisan@usaid.gov and mjimu@usaid.gov and include the RFP number in the email subject line. Oral instructions, answers or guidance from any USAID source prior to the award of the contract is not be binding.

Sincerely, Dion Glisan Contracting Officer USAID/Malawi https://www.sam.gov/ mailto:OAA-MALAWI-SOLICIT@usaid.gov mailto:OAA-MALAWI-SOLICIT@usaid.gov mailto:dglisan@usaid.gov mailto:mjimu@usaid.gov

3 | Page

Section A - Solicitation/Contract/Order For Commercial Items

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NO.

REQ-612-17-000031

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NO.

72061221R00005

6. SOLICITATION ISSUE DATE

July 23, 2021

7. FOR SOLICITATION

INFORMATION CALL

a. NAME

b. TELEPHONE NO. (No collect calls)

8. OFFER DUE DATE/LOCAL TIME

9. ISSUED BY CODE

N/A 10. THIS ACQUISITION IS 11. DELIVERY FOR FOB 12. DISCOUNT TERMS

☒ UNRESTRICTED

☐ SET ASIDE: % FOR

☐ SMALL BUSINESS

DESTINATION UNLESS

BLOCK IS MARKED

☒ SEE SCHEDULE

☐ SMALL DISADV.

BUSINESS

☐ 13a. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

☐ 8(A) 13b. RATING

SIC: N/A

SIZE STD: N/A

14. METHOD OF SOLICITATION

☐ RFQ ☐ IFB ☒ RFP

15. DELIVER TO: (CUSTOMER INFORMATION) CODE

N/A 16. ADMINISTERED BY CODE

N/A

See Section F Deliveries and Performance SAME AS BLOCK 9 17a. CONTRACTOR/ CODE

OFFEROR N/A FACILITY

CODE N/A 18a. PAYMENT WILL BE MADE BY CODE

N/A

SEE SECTION G.3

☐ 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS

BLOCK BELOW IS CHECKED ☐ SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Printing, Binding, and Distribution of Standards 1 to 4 Chichewa and English Learners’ Books (LBs) and Teachers’ Guides (TGs)

TOTAL

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

☒ 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ☒ ARE ☐ ARE NOT ATTACHED.

☒ 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ☒ ARE ☐ ARE NOT ATTACHED.

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ___001__ COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET

FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT

TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REF: _________ OFFER DATED ______. YOUR

OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR

CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO

ITEMS: ___________

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT)

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT)

Dion Glisan 31c. DATE SIGNED

32a. QUANTITY IN COLUMN 21 HAS BEEN

ACCEPTED, AND CONFORMS TO THE

33. SHIP NUMBER

34. VOUCHER NUMBER

35. AMOUNT VERIFIED

CORRECT FOR

☐ RECEIVED ☐ INSPECTED ☐ CONTRACT, EXCEPT AS NOTED ☐ PARTIAL ☐ FINAL

36. PAYMENT 37. CHECK NUMBER

32b. SIGNATURE OF AUTHORIZED GOVT REPRESENTATIVE 32c. DATE ☐ COMPLETE ☐ PARTIAL ☐ FINAL

38. S/R ACCOUNT NO.

39. S/R VOUCHER NO. 40. PAID BY

42a. RECEIVED BY (Print)

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE 42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD) 42d. TOTAL CONTAINERS

AUTHORIZED FOR LOCAL REPRODUCTION SEE REVERSE FOR OMB CONTROL STANDARD FORM 1449

(10-95) Computer Generated NUMBER AND PAPERWORK BURDEN STATEMENT Prescribed by GSA - FAR

(48 CFR) 53.212

USAID/Malawi Office of Acquisition and Assistance

NICO HOUSE

Lilongwe Malawi

X

4 | Page

Contents

SECTION A - SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 3

SECTION B: SUPPLIES OR SERVICES AND PRICES/COSTS: 5

SECTION D: PACKAGING AND MARKING FOR DELIVERY: 11

SECTION E: INSPECTION AND ACCEPTANCE: 12

SECTION F: DELIVERIES OR PERFORMANCE: 15

SECTION G: CONTRACT ADMINISTRATION DATA 16

SECTION H: SPECIAL CONTRACT REQUIREMENTS 17

SECTION I: CONTRACT CLAUSES 19

SECTION J: LIST OF ATTACHMENTS 26

SECTION K: REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS 27

SECTION L: INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS 38

SECTION M: EVALUATION FACTORS FOR AWARD 47

5 | Page

SECTION B: SUPPLIES OR SERVICES AND PRICES/COSTS:

B.1 PURPOSE

The purpose of this contract is to print, bind, and distribute Standards 1 to 4 Chichewa and English Learners’ Books (LBs) and Teachers’ Guides (TGs) as described in detail in Section C, Statement of Work. Printed and bound books must be delivered to delivery points provided in Attachment J.

2.- List of Delivery Destinations and Quantities.

B.2 CONTRACT TYPE

This is a Firm Fixed Price (FFP) contract consistent with Federal Acquisition Regulations 16.202.

For the consideration set forth in this Section B, the Contractor must deliver the items as described in Section C and the Deliverables as described in Section F.

B.3 CONTRACT PRICE

The total price for the performance of the work required hereunder and delivery of the deliverables is US Dollars [to be completed upon contract award]. Payment will be made in Malawi Kwacha equivalent based on prevailing exchange rate at time of payment. The total contract price will not exceed the US dollar amount.

Contract Requirement:

Description Quantity Pages Unit Price Amount

A. Reprints Learners’ Books Std. 1 Chichewa (144 pages) 817,892 117,776,419 Std. 1 English (136 pages) 681,577 92,694,404 Std. 2 Chichewa (184 pages) 614,303 113,031,826 Std. 2 English (208 pages) 511,920 106,479,256 Std. 3 English (152 pages) 384,877 58,501,334 Std. 3 Chichewa (136 pages) 384,877 52,343,299 Std.4 English (144 pages) 231,714 40,781,611 Std. 4 Chichewa (176 pages) 231,714 40,781,611 B. Teachers’ Guides Std 1. Chichewa TG (412 pages) 12000 4,944,000 Std 1. English TG (420 pages) 12000 5,040,000 Std 2. Chichewa TG (402 pages) 12000 4,824,000 Std 2. English TG (408 pages) 12000 4,896,000 Std 3. Chichewa TG ( 256 pages) 12000 3,072,000 Std 3. English TG (368 pages) 12000 4,416,000 Std 4. Chichewa TG ( 260 pages) 11000 2,860,000 Std 4. English TG (372 pages) 11000 4,092,000

6 | Page

Description Quantity Pages Unit Price Amount

Covers 3,952,873 3,952,873 Total Distribution 3,952,873

TOTAL

B.4 PAYMENT

(a) Payment will be made in Malawi Kwacha. The paying office is USAID/Malawi as indicated in Section G.

(b) Payment Schedule:

Item Description Amount 1 Proof of ordering the paper of required type and quantity within a specified time frame with USAID as the Consignee.

The amount will be deducted from the first invoice for delivered and accepted books.

20% of contract amount

2 COR approval of first print runs. The amount will be deducted from the second invoice for delivered and accepted books.

20% of contract amount

3 Delivered books per supporting delivery / receipt notes. 60% of price of delivered and accepted items.

(c) Item 3 payment will be made only for deliverables accepted by the Government that have been delivered to the delivery destinations set forth in Attachment J. 2 – List of Delivery Destinations and Quantities.

(d) To support the request for payment, the Contractor must submit, as a proof of delivery, the original delivery notes accepted (via signature) by the receiving official.

[END OF SECTION B]

7 | Page

8 | Page

SECTION C: DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK:

C.1. Background

The printing, binding, and distribution of standards 1 - 4 Chichewa and English Learners’ Books (LBs) and Teachers’ Guides (TGs) is a USAID/Malawi initiative that aligns with the Government of Malawi’s National Education Sector Investment Plan (NESIP 2020-2030), policies, strategies, guiding principles, implementation arrangements, and priorities in the next 10 years. The activity supports the Ministry of Education’s (MoE) National Reading Program (NRP) which in the short to medium term aims to achieve the pupil to textbook ratio of 1:1 for Chichewa and English.

USAID/Malawi has previously supported the National Reading Program by providing each Standard 1-4 learner with a Chichewa and English textbook. However, due to normal tear and wear of books, and change in enrollment over time, there is a need to procure more copies of learners’ books to maintain the desired pupil to textbook ratio of 1:1. This activity will replenish Standards 1 – 4 learners and teachers with Chichewa and English learners’ books and teachers’ guides, respectively. Actual replenishment figures will be calculated based on projected 2022 enrolment rate forecasting.

C.2. Purpose

The purpose of this activity is to print, bind, and distribute 3,858,873 Standards 1-4 English and Chichewa Learners’ Books and 94,000 teachers’ guides to 5,689 public primary schools across the country. The learners' books will be replenished based on the actual projected 2021 enrolment rate, across Standards 1-4.

C.3. Binding specifications

The contractor must use Perfect Binding with Polyurethane Reactive (PUR) binding for the Learners’ Books (LBs). PUR Binding is a form of perfect binding, where the pages and cover are glued together at the spine and the other three sides of the book are trimmed as needed to give them clean “perfect” edges. PUR binding is the preferred type of binding for LBs to give a longer lifespan. For Teachers’ Guides (TGs) the binding specification should be thread sewn and PUR binding because the number of pages are over 300 for each book.

C.4. Compliance with Paper Specifications

The Contractor must obtain the Contracting Officer’s Representative’s (COR) approval on the quality of paper by presenting a paper stock certification from the paper manufacturer. The paper has to be compliant with the specification on paper.

9 | Page

C.5 Specification and Description of Goods:

The Contractor must print, bind, and distribute 3,858,873 Standards 1 - 4 Chichewa and English LBs and 94,000 TGs to 5,689 public primary schools. The Contractor must print all LBs and TGs to the Specifications below:

C.5.1 Body Text and Cover Specifications

Body Text Cover Paper type Wood free uncoated bond paper Cover card paper Finish - One side coated, UV coated gloss finish Size A5 (Learner’s Book)

A4 (Teacher’s Guide) A5 (Learner’s Book) A4 (Teacher’s Guide)

Minimum weight in grams per square meter

80 grams per square meter (m2)

240 grams per square meter paper stock

Paper color white white Printing colors

Text: black and white Illustrations: 4/4 cyan, magenta, yellow, and key (black). (CMYK)

4/0 color (4 colors on front, blank on back)

Grain Parallel to spine Parallel to spine Minimum brightness

85% (ISO 2470 D65) -

Minimum.

opacity

90% (ISO 2471) -

Minimum whiteness

100% (ISO 11476) -

Bulk 1.35 cm³/g - Margins Top margin 20 mm, bottom margin 25 mm, side margin 12 mm -

Sustainability of paper

FSC or PEFC certified and acid/chlorine free to ensure environmental responsibility

- FSC or PEFC certified and acid/chlorine free to ensure environmental responsibility

10 | Page

C.5.2. Quantities

For Standard 1-4 Chichewa and English LBs the minimum number is 136 pages and the maximum is 208 pages.

For the Standard 1-4 Chichewa and English TGs, the minimum is 256 and maximum is 420 pages.

The quantities to be printed are contained in the table below:

Description Quantity Pages A. Reprints of Learners’ Books Std. 1 Chichewa (144 pages) 817,892 117,776,419 Std. 1 English (136 pages) 681,577 92,694,404 Std. 2 Chichewa (184 pages) 614,303 113,031,826 Std. 2 English (208 pages) 511,920 106,479,256 Std. 3 English (152 pages) 384,877 58,501,334 Std. 3 Chichewa (136 pages) 384,877 52,343,299 Std.4 English (144 pages) 231,714 40,781,611 Std. 4 Chichewa (176 pages) 231,714 40,781,611

B. Teachers’ Guides Std 1. Chichewa TG (412 pages) 12000 4,944,000 Std 1. English TG (420 pages) 12000 5,040,000 Std 2. Chichewa TG (402 pages) 12000 4,824,000 Std 2. English TG (408 pages) 12000 4,896,000 Std 3. Chichewa TG (256 pages) 12000 3,072,000 Std 3. English TG (368 pages) 12000 4,416,000 Std 4. Chichewa TG (260 pages) 11000 2,860,000 Std 4. English TG (372 pages) 11000 4,092,000

Covers 3,952,873 3,952,873 Distribution 3,952,873

C.6. Duty Free Import of Paper Stock for unfinished products

If needed, USAID will facilitate all processes for the Contractor to obtain the necessary tax exemption documents to allow for any unfinished products to enter Malawi duty exempt, and for local printers any imported materials and paper stock in the quantity required for printing of the books under this contract. This process will require the consignee to be USAID and attention the printer’s name.

11 | Page

C.7. Receiving, Inspection and Proof of Delivery

All book deliveries should be acknowledged and signed on the approved Delivery Notes (DNs) which must be verified by a receipt in five copies. All five copies must be signed by the Distributor, the recipient/School Head, at least one teacher and at least one member of the School Management Committee (SMC). USAID COR will verify the Delivery Information through a sample of schools DNs and monitoring visits.

One receipt copy will be retained by the school, one copy by the Contractor, one copy by District Education Managers (DEMs), one copy by MOE (DQAS) and one copy to USAID. The Contractor must ensure that copies are distributed accordingly. The district shall use their DNs to verify the number of books distributed. During school breaks or holidays, the Contractor must contact the schools in advance for purposes of receiving the books.

For more detailed instructions on packaging and marking for delivery, see Section D. For more detailed instructions on inspection and acceptance, see Section E.

C.8 Notice to Proceed:

USAID will provide the Contractor with print ready copies (PRCs) of the books immediately after contract signing or within the timeline agreed with the Contractor. Prior to mass printing of the books, the Contractor must submit the final proofs for printing to USAID/Malawi within two weeks through the Contracting Officer’s Representative (COR) for review and approval. USAID will provide written approval of the artwork to the Contractor in the form of a Notice to Proceed within 7 calendar days. It is the Contractors’ responsibility to confirm possession of USAID’s written approval of the proofs before proceeding with mass printing of the books.

C.9 Quality Assurance Plan:

The Contractor is responsible for consistency of printing and binding quality as per standards specified in this contract. Particular care must be taken to ensure that the work quality registered is accurate and that the quality of the printing is consistent throughout the run.

In order to ensure the highest possible quality standards, the Contractor must put into effect a plan that addresses Quality Assurance issues and procedures that demonstrate the Contractor’s planning and control schemes to detect and correct issues to ensure a high-quality product. The Contractor must print, bind and distribute the ordered number of Learners’ Books and Teachers’ Guides according to the contract requirements and lot. At each key stage (printing, binding, warehousing, and delivery), the Contractor must document how they are going to ensure quality by defining the checks and controls to be applied at each stage.

[END OF SECTION C]

12 | Page

SECTION D: PACKAGING AND MARKING FOR DELIVERY:

D.1 PACKING:

(a) Books must be packed in properly labelled wall cardboard boxes and must be well secured to ensure safe and timely delivery of books and stock management cards to each of the USAID indicated delivery points.

(b) Printed books must be neatly packaged in boxes of 50 up to the amount that is divisible by 50 per school or other delivery site and an additional box if needed to arrive at total quantity per school or other delivery site. The box with additional books must be packed securely to avoid book damage prior to delivery at the school level. Books must be organized into bundles by school and bundles must be bound with tamper-proof safety wrappers. Quantity labels, district name, zone name and school name must be printed on labels affixed to every box in the bundle and each box must be numbered (1/5, 2/5, for example). Safe delivery of the books to the final destination, per the distribution schedule and packing list with distribution times specified in days, is the sole responsibility of the Contractor. The Contractor must include a distribution schedule by school and by day for the COR’s approval.

D.2 MARKING (JAN 1993)

(a) It is USAID policy that USAID-financed commodities and shipping containers, and project construction sites and other project locations be suitably marked with the USAID emblem.

Shipping containers are also to be marked with the last five digits of the USAID financing document number. As a general rule, marking is not required for raw materials shipped in bulk (such as coal, grain, etc.), or for semi-finished products which are not packaged.

(b) Specific guidance on marking requirements should be obtained prior to procurement of commodities to be shipped, and as early as possible for project construction sites and other project locations. This guidance will be provided through the Contracting Officer’s Representative (COR), or by the Mission Director in the Cooperating Country to which commodities are being shipped, or in which the project site is located.

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

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

[END OF SECTION D]

13 | Page

SECTION E: INSPECTION AND ACCEPTANCE:

The Contractor must only tender for acceptance of those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government will require replacement of nonconforming supplies or re-performance of nonconforming services at no increase in contract price. If repair/replacement or re-performance will not correct the defects or is not possible, the

Government will seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(a) USAID/Malawi inspection and acceptance of the goods will be done by the Contracting Officer’s Representative (COR). The proofs will be accepted within 14 days of the printer receiving the Camera Ready Copy (CRC).

(b) The COR may conduct random inspections at the Contractor’s location or warehouse as coordinated with the Contractor at any point during the printing and packaging process, warehousing , and distribution for the entire period of performance.

(c) All vehicles will be inspected for fit-for-purpose, provisions for sealing until initial delivery point, licensing and certification of fitness.

(d) Following the completion of the distribution, USAID will conduct a distribution verification exercise. Any discrepancies, shortages, and or/faults must be satisfactorily corrected and satisfactorily documented prior to release of final payment.

(e) All book deliveries will be accompanied by approved Delivery Notes ( DNs) in five copies.

All five copies must be signed by the Distributor, the School Head, at least one teacher and at least one member of the School Management Committee (SMC). During school breaks or holidays the Contractor must contact the schools in advance for purposes of receiving and verifying the books delivery. One receipt copy will be retained by the school, one copy by the Contractor, one copy by district, one copy by MOE and one copy by USAID. The Contractor is responsible for ensuring that copies are distributed accordingly. Final payment will require submission of receipts to USAID for every school, sorted by schools and collated by zone and district. The list of schools and other delivery destinations are provided in Attachment 2.

https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=6789e37bdb66e9aad683d03aaccf3634&term_occur=1&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=692deb97dc8f5f4fa8824bb948110fa8&term_occur=1&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=6789e37bdb66e9aad683d03aaccf3634&term_occur=3&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=692deb97dc8f5f4fa8824bb948110fa8&term_occur=2&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=bd211cad6558384f7c9d63c2e89f50c9&term_occur=1&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=6789e37bdb66e9aad683d03aaccf3634&term_occur=2&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=692deb97dc8f5f4fa8824bb948110fa8&term_occur=3&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=bd211cad6558384f7c9d63c2e89f50c9&term_occur=2&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=bd211cad6558384f7c9d63c2e89f50c9&term_occur=3&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4

14 | Page

52.209-4 -- FIRST ARTICLE APPROVAL -- GOVERNMENT TESTING (SEP 1989)

(a) The Contractor shall deliver 20 books of the first print run for Government receipt within 14 calendar days from the date that USAID provides the camera-ready copy of the book to the Contractor. The books must be sent to the following address:

Office of Education NICO House, City Centre P O Box 30455 Lilongwe, Malawi

Attention: Contracting Officer’s representative (COR)

The shipping documentation shall contain this contract number and the print run lot identification.

The characteristics that the first article must meet and the testing requirements are specified in Section C of this contract.

(b) Within seven calendar days after the Government receives the first article, the Contracting Officer’s representative (COR) shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval.

(c) If the first article is disapproved, the Contractor, upon Government request, shall submit an additional first article for testing. After each request, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following disapproval. The Contractor shall furnish any additional first article to the Government under the terms and conditions and within the time specified by the Government.

The Government shall act on this first article within the time limit specified in paragraph (b) of this clause. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule or for any additional costs to the Government related to these tests.

(d) If the Contractor fails to deliver any first article on time, or the COR disapproves any first article, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract.

(e) Unless otherwise provided in the contract, the Contractor --

(1) May deliver the approved first article as a part of the contract quantity, provided it meets all contract requirements for acceptance and was not consumed or destroyed in testing; and

15 | Page

(2) Shall remove and dispose of any first article from the Government test facility at the Contractor’s expense.

(f) If the Government does not act within the time specified in paragraph (b) or (c) of this clause, the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust under the Changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay.

(g) The Contractor is responsible for providing operating and maintenance instructions, spare parts support, and repair of the first article during any first article test.

(h) Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for

(1) Progress payments, or

(2) Termination settlements if the contract is terminated for the convenience of the Government.

(i) The Government may waive the requirement for first article approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the Contractor and have been accepted by the Government. The Contractor may request a waiver.

(End of Clause)

[END OF SECTION E]

16 | Page

SECTION F: DELIVERIES OR PERFORMANCE:

F.1 PERFORMANCE PERIOD, WORK PROCESSING AND DISTRIBUTION TIMELINE

The period of performance for this contract is for 12 months (1 year) effective from the date of Contracting Officer signature on the cover page.

Printing of the Standards 1 – 4 Chichewa and English Learners’ Books and Teachers’ Guides must be completed and delivered within the required timeframe as specified below.

No Item Due USAID Verification 1 Final Quality

Assurance Plan 14 calendar days from date of contract award

USAID inspection and acceptance within 7 calendar days after receipt.

2 Final Distribution Plan

14 calendar days from date of contract award

USAID will review and provide approval within 7 calendar days after receipt

3 Proof of ordering (Purchase Order) the required paper type and quantities

14 calendar days from contract award

USAID will review and provide approval within 7 calendar days

4 Books from first print run

14 calendar days from contract award

USAID will inspect and provide approval within 7 calendar days

5 Completion of books delivery

____ months from contract award[to be inserted prior to award; 3-6 months depending on the actual time proposed by the Offeror in its proposal]

USAID will approve upon receipt of all Delivery Notes (DNs) and Report from Monitoring and verification visits. This will be for a maximum of one month after receipt of DNs.

Note: The requirements above will apply to the contract.

F.2 Place of Performance

The Contractor must carry out work processing, printing, binding, and packaging of the required number of Teaching and Learning Materials to be distributed in Malawi; the Contractor must arrange for printing, binding, warehousing, and distribution to the 5,689 primary schools in Malawi.

F.3 Distribution Points Coordinating Official

Distribution must be made to all 5,689 public primary schools in Malawi per the book distribution list provided in Attachment J.2 – List of Delivery Destinations and Quantities.

[END OF SECTION F]

17 | Page

SECTION G: CONTRACT ADMINISTRATION DATA

G.1 ADMINISTRATIVE CONTRACTING OFFICE

The Contract Administration Office responsible for post-award administration of this contract (except to the extent that authority for post-award administration has been delegated to the COR pursuant to section G.2 is:

Office of Acquisition & Assistance

NICO House, P O Box 30455 Lilongwe 3, Malawi

G.2 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The Contracting Officer’s Representative (COR) is designated through a separate designation letter. The COR is based at the address below:

USAID/Malawi, Education Office NICO House, P.O. Box 30455

G.3 PAYING OFFICE

The paying office for this contract is:

Office of Financial Management

NICO House, P O Box 30455

Vouchers supported by original delivery notes must be submitted electronically via e-mail at lilongwevoucher@usaid.gov with a copy to the COR.

G.4 ACCOUNTING AND APPROPRIATION DATA

[To be completed at the time of award]

[END OF SECTION G]

mailto:lilongwevoucher@usaid.gov

18 | Page

SECTION H: SPECIAL CONTRACT REQUIREMENTS

H.1 EXECUTIVE ORDER ON TERRORISM FINANCING (FEB 2002)

The contractor/Recipient is reminded that U.S. Executive Orders and U.S. law prohibits transactions with, and the provision of resources and support to, individuals and organizations associated with terrorism. It is the responsibility of the contractor/recipient to ensure compliance with these Executive Orders and laws. This provision must be included in all subcontracts/subawards issued under this contract/agreement.

A list of these names can be found at the web site of the Office of Foreign Assets Control (OFAC) within the Department of Treasury. That web site is http://treasury.gov/ofac

H.2 AUTHORIZED GEOGRAPHIC CODE

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

Code 935 covers any area or country including the recipient country but excluding any country that is a prohibited source for the procurement of goods and services.

H.3 COMPLIANCE CHECK

During the performance under this Contract, a USAID contracted inspection firm shall inspect the Contractor’s compliance with the contract scope of works, terms and conditions. If books are found not to meet the required specifications and quality, they must be reprinted in time to still meet the originally specified delivery date. In addition, the quality of the agreed upon binding will be inspected and any imperfections will not be tolerated.

H.4 LOGISTIC SUPPORT

The contractor is responsible for furnishing all logistic support deemed necessary for the performance under this contract.

H.5 VALUE ADDED TAX CUSTOMS DUTIES

VAT and customs duties are excluded from the price of the contract. USAID will provide the Contractor correspondence to assist the Contractor in obtaining this exemption from the Government of Malawi. The Contractor shall submit 0% VAT invoices for any payments.

H.6. 302.3.5.17 LIMITATION ON SUBCONTRACTING TO NON-LOCAL ENTITIES

(JULY 2014)

(a) Applicability. This provision applies to:

(i) Contracts that have been awarded to those local entities under the authority of and as defined in Section 7077 of Public Law 112-74, the Consolidated Appropriations Act, 2012 (P.L. 112-74), http://treasury.gov/ofac

19 | Page as amended by Section 7028 of Public Law 113-76, the Consolidated Appropriations Act, 2014, also known as "Local Competition Authority"; and

(ii) Contracts awarded to local entities (as defined in Section 7077 of Public Law 112-74) under the authority at AIDAR 706.302-70 Impairment of foreign aid programs.

(b) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract for—

(1) Services (except construction), at least fifty (50) percent of the cost of contract performance incurred for personnel must be expended for employees of the prime/local entity.

(2) Supplies (other than procurement from a non-manufacturer of such supplies), the prime/ local entity concern must perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) General construction, the prime/ local entity concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(4) Construction by special trade contractors, the concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

(c) By submission of an offer and execution of a contract, the Offeror/Contractor represents that it is an individual, a corporation, a nonprofit organization, or another body of persons that:

(1) Is legally organized under the laws of;

(2) Has as its principal place of business or operations in;

(3) Is majority owned by individuals who are citizens or lawful permanent residents of; and

(4) Is managed by a governing body the majority of who are citizens or lawful permanent residents of the country in which this contract will be primarily performed.

(d) For purposes of this clause, “majority owned” and “managed by” include, without limitation, beneficiary interests and the power, either directly or indirectly, whether exercised or exercisable, to control the election, appointment, or tenure of the organization's managers or a majority of the organization's governing body by any means. (END OF PROVISION)

[END OF SECTION H]

20 | Page

SECTION I: CONTRACT CLAUSES

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses:

1. Federal Acquisition Regulations (FAR):

https://acquisition.gov/far/current/html/52_248_253.html

2. Agency for International Development Acquisition Regulations (AIDAR):

http://www.usaid.gov/ads/policy/300/aidar

Clause Number Title

FAR Clauses 52.212-4 Contract Terms and Conditions -- Commercial Items (May 2014)

AIDAR Clauses

FAR 52.202-1 USAID DEFINITIONS CLAUSE – SUPPLEMENT FOR USAID

CONTRACTS

(Alternate 70) INVOLVING PERFORMANCE OVERSEAS (DEC 1986)

I.2. 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2017).

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

https://acquisition.gov/far/current/html/52_248_253.html http://www.usaid.gov/ads/policy/300/aidar https://www.acquisition.gov/far/html/52_200_206.html#wp1158787 https://www.acquisition.gov/far/html/52_207_211.html#wp1146366 https://www.acquisition.gov/far/html/52_233_240.html#wp1113329 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/html/52_233_240.html#wp1113344 http://uscode.house.gov/

21 | Page

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] _X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509)).

_X_ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.

657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C.

657a).

__ (ii) Alternate I (JAN 2011) of 52.219-4.

__ (13) [Reserved] __ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).

https://www.acquisition.gov/far/html/52_200_206.html#wp1137622 http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/far/html/52_200_206.html#wp1141983 http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/far/html/52_200_206.html#wp1144881 https://www.acquisition.gov/far/html/52_200_206.html#wp1141649 http://uscode.house.gov/ https://www.acquisition.gov/far/html/52_200_206.html#wp1151163 https://www.acquisition.gov/far/html/52_200_206.html#wp1151299 https://www.acquisition.gov/far/html/52_207_211.html#wp1140926 https://www.acquisition.gov/far/html/52_207_211.html#wp1145644 https://www.acquisition.gov/far/html/52_217_221.html#wp1135955 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/html/52_217_221.html#wp1135955 https://www.acquisition.gov/far/html/52_217_221.html#wp1135970 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/html/52_217_221.html#wp1135970 https://www.acquisition.gov/far/html/52_217_221.html#wp1136004 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/html/52_217_221.html#wp1136017 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/html/52_217_221.html#wp1136017 https://www.acquisition.gov/far/html/52_217_221.html#wp1136017 https://www.acquisition.gov/far/html/52_217_221.html#wp1136032 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/html/52_217_221.html#wp1136058 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

22 | Page

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Nov 2016) of 52.219-9.

__ (v) Alternate IV (Nov 2016) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

__ (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C.

632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O.

13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

__ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

__ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately https://www.acquisition.gov/far/html/52_217_221.html#wp1136058 https://www.acquisition.gov/far/html/52_217_221.html#wp1136058 https://www.acquisition.gov/far/html/52_217_221.html#wp1136058 https://www.acquisition.gov/far/html/52_217_221.html#wp1136058 https://www.acquisition.gov/far/html/52_217_221.html#wp1136174 http://uscode.house.gov/ https://www.acquisition.gov/far/html/52_217_221.html#wp1136175 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/html/52_217_221.html#wp1136186 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/html/52_217_221.html#wp1136387 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/html/52_217_221.html#wp1139913 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/html/52_217_221.html#wp1144950 http://uscode.house.gov/ https://www.acquisition.gov/far/html/52_217_221.html#wp1144420 http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/far/html/52_222.html#wp1147479 https://www.acquisition.gov/far/html/52_222.html#wp1147630 https://www.acquisition.gov/far/html/52_222.html#wp1147656 https://www.acquisition.gov/far/html/52_222.html#wp1147711 https://www.acquisition.gov/far/html/52_222.html#wp1158632 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/html/52_222.html#wp1162802 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+2+78++%2829%29%20%20AND%20%28%2829%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/html/52_222.html#wp1148123 https://www.acquisition.gov/far/html/52_222.html#wp1160019 https://www.acquisition.gov/far/html/52_222.html#wp1151848 http://uscode.house.gov/ https://www.acquisition.gov/far/html/52_222.html#wp1151848 http://uscode.house.gov/ https://www.acquisition.gov/far/html/52_222.html#wp1156645 https://www.acquisition.gov/far/html/Subpart%2022_18.html#wp1089948 https://www.acquisition.gov/far/html/52_222.html#wp1169011

23 | Page if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

__ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).

__ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for…