RFQ_No_72012124Q00001_ Communication Support.pdf
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- USAID/Ukraine Communication Support Activity - Amendment No. 04 Federal contract opportunity
- Solicitation number
- 72012124Q00001
About this file
This document is a Request for Quotation (RFQ) issued by the U.S. Agency for International Development (USAID) Ukraine Mission for a 12-month contract to provide communication support services. The goal is to assist USAID's Development Outreach and Communications (DOC) team in increasing awareness among Ukrainian communities about USAID's assistance programs.
The contractor will be required to provide a range of creative and communication services, including graphic design, video production, translation, photography, and social media content. The contractor must be a local Ukrainian entity that meets USAID's definition. Quotes are due by July 24, 2023, and the contract will be awarded on a firm-fixed-price basis. USAID will evaluate quotes based on technical factors such as approach, sample task deliverable, and past performance, which are more important than price.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Amendment_04_of_RFQ_No_72012124Q00001_ Communication Support_Revised.pdf | ||
| Amendment_03_of_RFQ_No_72012124Q00001_ Communication Support.pdf | ||
| Amendment 2 of RFQ_No_72012124Q00001_ Communication Support.pdf | ||
| RFQ_Amendment_01_ Answer to Questions.pdf |
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Request for Quotation Issuance Date: July 3, 2024
Due Date for Submissions of Questions: July 10, 2023, at 4:00 p.m. (Kyiv Local Time)
Request for Quotation Closing Date: July 24, 2023, 4:00 p.m. (Kyiv Local Time)
SUBJECT: Request For Quotation (RFQ) No. 72012124Q00001, USAID/Ukraine Communication Support Activity
The U.S. Agency of International Development in Ukraine (USAID/Ukraine), in accordance with Federal Acquisition Regulation (FAR) Part 12 (Acquisition of Commercial Products and Commercial Services), FAR Part 13 (Simplified Acquisition Procedures),and USAID Automated Directives System (ADS) 302.3.5.17 (Awards Limited to Local Competition), is seeking quotations from qualified Offerors to provide commercial communication support services described in Section C to fulfill the purpose in Section B.
Eligibility: Competition is limited to local firms per USAID's Local Competition Authority Pilot Program. “Local” is defined in https://www.usaid.gov/sites/default/files/2023- 09/302mbe_091123.pdf - specifically an individual, corporation, commercial organization and nonprofit organization that:
1. Is legally organized under the laws of Ukraine;
2. Has as its principal place of business or operations in Ukraine; and
3. Is:
a. majority owned by individuals who are citizens or lawful permanent residents of Ukraine; and
b. managed by a governing body the majority of who are citizens or lawful permanent residents of Ukraine.
By submission of a quotation and execution of a contract, the Quoter represents that it fulfills the above “local” definition.
This request in no way obligates USAID/Ukraine to award a contract, nor does it commit USAID/Ukraine to pay any cost incurred in the preparation and submission of your quote. Per FAR 13.004(a)-(b), a contract will be established when the successful Quoter accepts the offer and both the Quoter and Contracting Officer have executed a contract in writing. Quotations must comply with all RFQ requirements or otherwise may be excluded from the competition.
Quotations received after the deadline may not be considered.
https://www.usaid.gov/sites/default/files/2023-09/302mbe_091123.pdf https://www.usaid.gov/sites/default/files/2023-09/302mbe_091123.pdf
Additionally, interested parties must register in the System for Award Management (SAM) by visiting the following site https://www.sam.gov/ and obtain a Unique Entity Identifier (UEI) prior to submitting any quote. It is free but a mandatory step in order to participate in the procurement. More information can be found at: https://sam.gov/content/entity-registration.
Questions regarding this RFQ must be emailed in English to Larissa Lomonosova at llomonosova@usaid.gov no later than the date and time specified above.
Thank you for your interest in USAID programs.
Sincerely, /S/
Craig Riegler Regional Supervisory Contracting Officer USAID/Ukraine https://sam.gov/content/entity-registration https://sam.gov/content/entity-registration mailto:llomonosova@usaid.gov
SECTION B - SUPPLIES OR SERVICES/PRICES
B.1 PURPOSE
The purpose of this Activity is to assist the Mission’s Development Outreach and Communications (DOC) staff in increasing awareness among communities and individuals across Ukraine about the purpose and positive impact of USAID assistance programs in Ukraine.
B.2 CONTRACT TYPE
This is a Firm-Fixed-Price (FFP) Purchase Order. For the consideration set forth below, the Contractor must fulfill the requirements as described in Section C “Statement of Work” and Section F.5 “Deliverables” and otherwise comply with all contract requirements.
B.3 PAYMENT SCHEDULE
Note: USAID will decide on one of the two types of payments prior to award:
Expected Deliverables Performance Period Milestone
Amount (USD)
Successful completion of all support requested by USAID for the associated performance period -documented by written acceptance by the COR -and compliance with all terms and conditions of the contract.
12 months
$TBD per month
(vouchered in identical monthly increments)
Total for 12 Months $TBD
Contractor will submit vouchers monthly based on COR approved deliverables.
[END OF SECTION B]
Deliverable Price Infographic $TBD Graphic Production $TBD Facebook and Twitter Profile Banner $TBD Photo Frame Design (USAID must be able to drop in photos to frame)
$TBD
Video Filming and Editing (max 2.5-minutes) $TBD Video Production (max 2.5-minutes) [Difference: USAID shares videos, no filming required.]
$TBD
Creation of template in Canva for long-term use $TBD Event and site photography (as needed, may be up to 10 hours per month) $TBD Written translation and oral interpretation (as needed, may be up to 10 hours per month)
$TBD
SECTION C – STATEMENT OF WORK
C.1 TITLE OF ACTIVITY
Communication Support Services.
C.2 Introduction
The United States Agency for International Development (USAID) carries out U.S. foreign policy by promoting broad-scale human progress at the same time it expands stable, free societies, creates markets and trade partners for the United States, and fosters goodwill abroad. In Ukraine, working with a wide array of partners, USAID has helped establish a vibrant and independent media, an active civil society, and a broader entrepreneurial class. Over 30 years of partnership with Ukraine, USAID has fostered inclusive economic growth, democratic reforms, a free press and robust civil society, and a transparent and responsive health system.
Amid Russia’s war against Ukraine, USAID has provided life saving humanitarian assistance, helped ensure Ukrainians have heat and electricity despite Russia’s attacks on energy systems, and supported farmers and food exporters to continue supplying grain to people all over the world.
USAID is committed to its partnership with Ukraine in its quest to create a more stable, democratic, and prosperous country for all Ukrainians.
Under the Foreign Assistance Act of 1961, USAID has a responsibility to inform host country audiences about the assistance provided by U.S. taxpayers. Through the Development Outreach and Communications Team (hereafter referred to as DOC), USAID’s Ukraine Mission (hereafter referred to as “The Mission”) implements a comprehensive outreach and communications strategy to disseminate information to the Ukrainian and international public about U.S. foreign assistance in Ukraine.
The Mission’s outreach and communications strategy utilizes various means to convey this message, including media campaigns, events and community outreach activities, web, social media engagement, print and broadcast media products, videos, and success stories.
Regardless of the medium, a high priority is placed on audience engagement and communicating how USAID assistance advances Ukraine’s stability and security.
C.3 GOAL
The goal of this contract is to assist the Mission’s DOC staff in increasing awareness among communities and individuals across Ukraine about the purpose and positive impact of USAID assistance programs in Ukraine.
The Contractor will support the Mission by developing designs and materials for social media campaigns, producing printed and visual communications products, supporting media engagement, and supporting events related to Mission programs to promote a better understanding of USAID programs and activities.
C. 4 STATEMENT OF WORK
The Contractor must closely support the Mission’s DOC team to implement the USAID Mission’s outreach and communications plan. The Contractor must deliver products to achieve three key outcomes: (1) outreach support, (2) cross-cutting information provision, and (3) responding to emerging opportunities.
The Contractor must be flexible and adjust communication approaches, messages, and target groups to meet USAID’s needs according to an often rapidly changing environment. It is essential for the Contractor to have and maintain a good understanding of USAID’s work in Ukraine. The Contractor must develop a firm understanding of, and adherence to, U.S.
government policies, such as USAID’s Branding and Marking Policy and ADS 508 Policy.
Taking into consideration target audiences’ needs, culture, understanding, and habits, the Contractor must deliver products that enable USAID/Ukraine to execute its Strategic Communications Plan. The Contractor must provide reliable and high-quality support in the implementation of the plan. The Contractor must be able to utilize innovative and creative approaches to respond effectively and efficiently to the outreach requirements of USAID/Ukraine. The Contractor should expect and be prepared to meet unscheduled or last-minute demands related to events, high-level visits, and other extenuating circumstances. All work products and deliverables from the Contractor must be first directed by the COR, whose authority will be defined in a COR Designation Letter by the Contracting Officer.
C.4.1 SUPPORT COMPONENTS
Component 1: High Quality Outreach Support Services Provided
Developing creative content is a key component of USAID’s work to create public awareness around priority development issues and tell our story. The Contractor must develop creative content in various forms, including written media, photographs, infographics, videos, etc. on tight deadlines. The Contractor must ensure that creative content developed is sensitive to local cultural, political, and social considerations and delivered appropriately depending upon the local context.
The Contractor must meet tight deadlines without sacrificing quality. For creative content, this may mean a 2-3 business day turnaround for the initial draft. For photo and video products, same-day delivery may be required.
Creative content development may include, at the sole direction of the COR, but not be limited to the following example deliverables:
● Graphic design
● Creative campaigns designed to draw attention to/advocate for development issues that
USAID programs aim to advance. This could include, but not limited to, transparency in public institutions, gender inclusivity and women's empowerment, investing in Ukraine's growing economy, etc. Campaign deliverables could include videos, photographs, and graphics for digital outreach; media engagement; influencer engagement; and/or public events.
● Video production and strategic guidance for distribution. The Contractor must be able to exercise creativity and innovation in developing video content and must provide timely and updated content.
● Creative copywriting and content development in both English and Ukrainian, specifically for use on social media (examples include infographics, short videos, photographs, and captions and short “success story” narratives). The Contractor must provide professional social media content and services, especially for Facebook, Twitter, YouTube, and Instagram. The Contractor must deliver content for social media targeting various oblasts across Ukraine and be aware of the local context and related considerations.
The USAID/Ukraine and USAID flagship accounts should serve as strong reference points for the type and quality of creative content products the Contractor will be expected to deliver.
Written translation and oral interpretation capabilities. The Contractor may be asked to support routine and short-notice/ad-hoc English to Ukrainian (and vice versa) high quality translation of documents and also simultaneous oral translation. At the sole direction of the COR, the Contractor may be asked to provide translation and interpretation services for Mission staff and events, including for persons with disabilities as appropriate. The Contractor must be able to deliver high quality oral translation/interpretation in various oblasts across Ukraine, taking into account local context and related considerations. (As needed, may be up to 10 hours per month.)
Photography: At the sole direction of the COR, when requested, the Contractor must document USAID-financed efforts and progress in Ukraine and provide high-quality photographs with pertinent details, such as event title, date, location, names of the people in the photo and the photographer’s name, for Mission use as needed. The Contractor must obtain written consent/permission from all persons photographed and provide the consent forms to the USAID DOC team. (As needed, may be up to 10 hours per month.)
Component 2: Responsiveness to Emerging Opportunities Provided
USAID communication needs are impacted by sometimes rapid changes to the social, political, and economic environment in which USAID operates. New outreach opportunities and needs may present themselves as circumstances change. Therefore, the Contractor must respond to ad-hoc requests by the COR for any of the products and services within this scope of work.
The COR, with his/her sole authority, may communicate ad-hoc, but still in-scope, requests to the Contractor, outlining specifications, expectations, and guidelines, such as products required, and delivery deadlines and the Contractor must promptly submit a proposal in response with how the request will be achieved. In cases where new requests interfere with the deadlines of current projects, the COR and Contractor will agree in writing on changes to these deadlines, which will be reflected in the revision of the work plan. No request may exceed the scope of the contract without written approval of the Contracting Officer. If the Contractor has questions regarding if a request is within the scope of the contract, it must be communicated to the Contracting Officer prior to performing the support.
Without limiting support reasonably elsewhere within the scope of work, this contract does not foresee the Contractor serving ongoing Mission needs in the following categories. These services may be added to the scope of work at a later stage per FAR 52.243-1 Changes Fixed Price, subject to successful negotiation with the Contractor and approval by the Contracting Officer. This may entail a change in contract type.
1. Event logistics support. The Contractor must serve ongoing Mission needs for comprehensive event logistics support, including identifying and renting venues, A/V support, branding/decorations/materials, setup, and registration. Public events can range in scale from a simple ribbon-cutting inaugurating the completion of an infrastructure project, to a complex, extraordinary event, such as a visit from a U.S. Cabinet member.
2. Public affairs and press management. The Contractor must maintain relationships with Ukraine’s and Europe’s leading media outlets and, at the sole direction of the COR, generate media attention, including through media roundtables, press interviews, placement of articles or opinion pieces, and other events to ensure that USAID messaging is disseminated in targeted and broad-based fashions. The Contractor must provide a press list, updated quarterly, broken down by region and USAID technical areas of interest at the direction of the COR.
Materials production. At the sole direction of the COR, the Contractor must produce high quality printing and digital (handouts, posters, rollups, banners, etc.). In addition to creating materials for events, the Contractor must respond to ad-hoc requests and work with USAID staff to develop and produce informational materials in multiple forms that are needed for special visits or occasions.
Influencer engagement. The Contractor must develop strategy and support implementation for influencer engagement, including social media influencers and other thought leaders, to generate social media content for activities and to ensure that USAID messaging is disseminated appropriately and broadly.
3. Strategic guidance: The contractor must identify appropriate media outlets and social media channels to provide recommendations for and support with placement and dissemination of USAID outreach and information products as needed by the USAID DOC team.
4. Archival Management Process. The Contractor may be required to develop and implement an approach for archiving and accessing Mission-wide materials, data, and information - e.g., videos, photographs, and fact sheets - such as in Google Drive or an external site like Flickr. The Contractor’s approach must be easily searchable, easily accessible to USAID and implementing partners, and may be subject to CO and USAID/Chief Information Office (CIO) approval.
5. Data visualization. Data visualization is crucial for USAID/Ukraine to make large and complex data sets useful and meaningful in strategic messaging. At the sole direction of the COR, the Contractor must analyze dense and complex information in a variety of forms, including large data sets, graphs, and reports.
The Contractor must ensure all data used in visualization products is accurate and deliver content in multiple formats such as: infographics, charts, diagrams.
Utilizing industry-standard visualization tools and software to communicate information, the Contractor must deliver data, graphs, and diagrams in an informative, engaging, creative, and comprehensible manner (simple, standard, and scalable).
LABOR CAPABILITIES
The Contractor should be able to provide the following functions, plus any other necessary to implement the scope of work. These positions are listed not to define the contractor’s organizational structure but to identify functional areas important to the scope of work:
I. Account Manager Functions:
● Provide technical leadership and managerial oversight for the contract on behalf of the Contractor.
● Have a strategic overview of the main components of the work and will lead project delivery teams that will ensure timely planning, proper execution, and detailed reporting of work plans to meet the set goals, all aligned with the tasks identified according to the contract and the event objectives agreed upon with USAID.
● Directly manage tasks, track actions, facilitate coordination, and provide the output being undertaken by the Contractor and its partners.
● Work closely with the COR to approve the quality of all produced promotional items, printed materials, digital and broadcast products, and other PR materials.
II. Public Engagement/Media Advisor Functions:
● Provide media mapping services and will create a list of Ukrainian and international media contacts.
● Identify communication channels and audiences to effectively communicate USAID’s message for both traditional and digital media.
III. Digital Content Production Specialist Functions:
● Be responsible for video conceptualization and production, in close coordination with the USAID DOC team.
● Be responsible for creative copywriting and content development in both Ukrainian and English, specifically for use on social media.
● Consult on best approaches and channels to develop better engagement and increase knowledge of USAID’s work through digital platforms (including social media, and other online platforms).
● Be responsible for the coordination, oversight, and provision of:
○ Effective digital outreach deliverables.
○ High-quality branded promotional items for distribution to project beneficiaries and partners at public events and outreach activities.
IV. Graphic Designer Functions:
● Be responsible for conceptualizing visuals based on requirements and translating strategic direction into high-quality design within an established brand identity. Visual products may include social media banners/graphics, invitations, brochures, factsheets, infographics, and other materials.
● Be responsible for ensuring materials are consistent with directives identified in D.2 BRANDING AND MARKING POLICY and any new/emerging guidance.
● Creates outreach and communication materials requiring the use of graphic design software.
V. Videographer Functions:
● Be responsible for filming videos on set or on location.
● Be responsible for working with client to plan video shoots.
● Ensures that equipment for a shoot (cameras, microphones, lighting, props, etc.) is appropriate, present, and working.
● Be responsible for planning, filming, and editing videos that could be used for a variety of projects.
● Adds computer graphics, closed captioning and special effects to footage.
VI. Photographer Functions:
● Be responsible for taking photos on set or on location.
● Be responsible for working with client to plan photo shoots.
● Ensures that equipment for a shoot (cameras, lighting, props, etc.) is appropriate, present, and working.
● Be responsible for planning, shooting, and editing photos that could be used for a variety of projects.
VII. Translator/Interpreter Functions:
● Be responsible for reproducing English text accurately in Ukrainian.
● Be responsible for ensuring translated material is suitable for the intended readers.
● When interpreting, be responsible for converting spoken material from English to
Ukrainian, or vice versa, while preserving the original meaning, format, and tone.
● Be responsible for researching industry-specific terminology when needed to accomplish task(s).
[END OF SECTION C]
SECTION D - PACKAGING AND MARKING
D.1 BRANDING AND MARKING POLICY
The Contractor must comply with the requirements of the policy directives and required procedures outlined as follows in providing the support in the scope of work:
● USAID Automated Directive System (ADS) 320.3.2, Branding and Marking in USAID Direct Contracting (version from March 15, 2022) at https://www.usaid.gov/about-us/agency-policy/series-300/320
● USAID Graphic Standards Manual available at https://www.usaid.gov/branding, or any successor branding policy;
● Code of Federal Regulations Guidance (CFR 700.16) https://www.govinfo.gov/content/pkg/CFR-2017-title2-vol1/pdf/CFR-2017-title2-vol1-sec700-16.pdf;
● USAID Acquisition Regulations (AIDAR) 752.7009 Marking (Jan 1993) and 752.7034 Acknowledgement and Disclaimer (Dec 1991) at https://www.ecfr.gov/current/title-48/chapter-7/subchapter-H/part-752/subpart- 752.70?toc=1
● In accordance with ADS 302, Contractor shall comply with USAID Implementation of Section 508 of the Rehabilitation Act of 1973 and Federal Acquisition Circular (FAC) 97- 27 “Electric and Information Technology Accessibility.
[END OF SECTION D]
https://www.usaid.gov/about-us/agency-policy/series-300/320 https://www.usaid.gov/branding https://www.govinfo.gov/content/pkg/CFR-2017-title2-vol1/pdf/CFR-2017-title2-vol1-sec700-16.pdf https://www.govinfo.gov/content/pkg/CFR-2017-title2-vol1/pdf/CFR-2017-title2-vol1-sec700-16.pdf https://www.ecfr.gov/current/title-48/chapter-7/subchapter-H/part-752/subpart-752.70?toc=1 https://www.ecfr.gov/current/title-48/chapter-7/subchapter-H/part-752/subpart-752.70?toc=1
SECTION E - INSPECTION AND ACCEPTANCE
E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE
The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR “52.252.-2 CLAUSES INCORPORATED BY REFERENCE” in Section I of this solicitation. See https://www.acquisition.gov/browse/index/far for electronic access to the full text of a FAR clause.
CLAUSE
NUMBER
CLAUSE TITLE DATE
52.246-2 INSPECTION OF SUPPLIES - FIXED-PRICE AUG 1996
52.246-4 INSPECTION OF SERVICES - FIXED-PRICE AUG 1996
FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)
E.2 INSPECTION AND ACCEPTANCE
USAID inspection and acceptance of services, reports and other required deliverables or outputs shall take place at the principal place of performance or at any other location where the services are performed, and reports and deliverables or outputs are produced or submitted. The COR that will be listed in Section G has been delegated authority to inspect and accept all services, reports and required deliverables or outputs.
USAID/Ukraine is responsible for determining that the deliverables specified in SECTION F - DELIVERIES OR PERFORMANCE were developed through a process compliant with SECTION C – STATEMENT OF WORK and that all the requirements for each deliverable are met.
[END OF SECTION E]
https://www.acquisition.gov/browse/index/far
SECTION F - DELIVERIES OR PERFORMANCE
F.1 PERIOD OF PERFORMANCE
The period of performance is 12 months from the effective date of the purchase order.
F.2 PLACE OF PERFORMANCE
The place of performance of this contract is Ukraine.
F.3 PERFORMANCE STANDARDS AND EVALUATION
Evaluation of the Contractor’s overall performance will be conducted jointly by the COR and the Contracting Officer and will form the basis of the Contractor’s permanent performance record with regard to the anticipated purchase order. The Contractor’s performance information determined to be relevant will be evaluated in accordance with FAR 42.15, Contractor Performance Information, and corresponding USAID procedures
(AIDAR 742.15).
F.5 DELIVERABLES AND SCHEDULE
Deadlines for the support described in Section C will be determined by the COR in consultation with the Contractor. In addition, the Contractor must provide brief quarterly summaries of the products and support provided through the SOW. This may include the types and number of products and support as well as brief descriptions of impact. The format and timing will be agreed upon after contract award with the COR but is not anticipated to be more frequent that quarterly.
SECTION G - CONTRACT ADMINISTRATION DATA
G.1 CONTRACTING OFFICER’S AUTHORITY
The Contracting Officer is the only person authorized to make or approve any changes in the requirements of this Contract and notwithstanding any provisions contained elsewhere in this Contract, the said authority remains solely in the Contracting Officer. In the event the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change must be considered to have been made without authority and no adjustment must be made in the Contract terms and conditions, including price.
All questions concerning the administration of this award must be sent to the Contracting Officer. It is the responsibility of the Contractor to inform the Contracting Officer of requests that affect any and all sections of this award.
The CO with authority to administer the contract is [Name of the CO to be filled in at the time of the award] and is located at: USAID/Ukraine.
G.2 CONTRACTING OFFICER’S REPRESENTATIVE
[Name of the COR to be filled in at the time of the award]
G.3 TECHNICAL OVERSIGHT AND RELATIONSHIP WITH USAID
USAID/Ukraine will provide technical oversight to the Contractor through the designated COR.
The CO will issue a letter appointing the COR for the Contract and provide a copy of the designation letter to the Contractor. In case of a conflict between this contract and the COR designation letter, the contract prevails.
The COR is not empowered to award, agree to, or sign any contract (including delivery or purchase orders) or modifications thereto, or in any way to obligate Government funds. The COR may not take any action that may impact the contract schedule, funding, contract scope, or rate of utilization of level of effort. All contractual agreements, commitments, or modifications that involve costs, prices, quantities, quality, contractual terms and conditions, and schedules will be made only by the CO. In the event the Contractor affects any changes at the direction of any other person other than the CO, the change will be considered to have been made without authority. Failure by the Contractor to report to the CO any action by the Government considered to be a change, within the specified number of days contained in FAR 52.243-7 (Notification of Changes), waives the Contractor’s right to any claims for equitable adjustments.
G.4 INVOICES AND PAYMENT OFFICE
The Contractor may submit a voucher for payment upon completion of the milestones in the payment schedule in Section B and acceptance by the COR. Vouchers for the base period must be in 1/12 increments of the total base period price following the completion of each month period after award. Electronic submission of invoices is required at voucher-kyv-mailto:voucher-kyv-ofm@usaid.gov ofm@usaid.gov. Invoices will be in US Dollars, and payment for the invoices will be in Ukrainian Hryvnia (UAH) at the exchange rate of the invoice payment’s day.
The SF-1034 (Public Voucher for Purchases and Services Other Than Personal) must be signed, and it must be submitted along with the invoice and any other documentation in Adobe (PDF).
Subject line shall read Award No. and name of firm [to be filled in at the time of the award].
G.5 ACCOUNTING AND APPROPRIATION DATA
[to be filled in at the time of the award]
G.6 CONTRACTOR’S PRIMARY POINT OF CONTACT
The Contractor’s primary point of contact is:
[to be filled in at the time of the award]
[END OF SECTION G]
mailto:voucher-kyv-ofm@usaid.gov
SECTION H - SPECIAL CONTRACT REQUIREMENTS
H.1 AUTHORIZED GEOGRAPHIC CODE
The authorized geographic code for procurement of goods and services under this contract is 935 defined as any area or country including the cooperating country (Ukraine) but excluding foreign policy-restricted countries.
For accurate identification of developing countries, advanced developing countries, and prohibited sources, please refer to Automated Directive System (ADS) 310 entitled ― Source and Nationality Requirements for Procurement of Commodities and Services Financed by
USAID.
H.2 ADS 302.3.5.19 USAID-FINANCED THIRD-PARTY WEB SITES (NOV 2017)
(a) Definitions:
“Third-party websites” Sites hosted on environments external to USAID boundaries and not directly controlled by USAID policies and staff, except through the terms and conditions of a contract. Third-party Web sites include project sites.
(b) The Contractor must adhere to the following requirements when developing, launching, and maintaining a third-party Web site funded by USAID for the purpose of meeting the project implementation goals:
(1) Prior to Web site development, the Contractor must provide information as required in Section C-Statement of Work of the contract (including a copy of the Contractor’s privacy policy) to the Contracting Officer’s Representative (COR) for USAID's Bureau for Legislative and Public Affairs (LPA) evaluation and approval. The Contractor must notify the COR of the Web site URL as far in advance of the site's launch as possible and must not launch the Website until USAID's (LPA) approval has been provided through the COR.
The Contractor must provide the COR with any changes to the privacy policy for the duration of the contract.
(2) The Contractor must collect only the amount of information necessary to complete the specific business need as required by statute, regulation, or Executive Order.
(3) The Contractor must comply with Agency branding and marking requirements comprised of the USAID logo and brandmark with the tagline “from the American people,” located on the USAID Web site at www.usaid.gov/branding, and USAID Graphics Standards manual at http://www.usaid.gov.
(4) The Web site must be marked on the index page of the site and every major entry point to the Web site with a disclaimer that states: "The information provided on this Web site is not official U.S. Government information and does not represent the views or positions of the U.S. Agency for International Development or the U.S. Government."
http://www.usaid.gov/
(5) The Web site must provide persons with disabilities access to information that is comparable to the access available to others. As such, all site content must be compliant with the requirements of the Section 508 amendments to the Rehabilitation Act.
(6) The Contractor must identify and provide to the COR, in writing, the contact information for the information security point of contact. The Contractor is responsible for updating the contact information whenever there is a change in personnel assigned to this role.
(7) The Contractor must provide adequate protection from unauthorized access, alteration, disclosure, or misuse of information processed, stored, or transmitted on the Web sites. To minimize security risks and ensure the integrity and availability of information, the Contractor must use sound: system/software management; engineering and development; and secure coding practices consistent with USAID standards and information security best practices. Rigorous security safeguards, including but not limited to, virus protection; network intrusion detection and prevention programs; and vulnerability management systems must be implemented, and critical security issues must be resolved as quickly as possible or within 30 days. Contact the USAID Chief Information Security Officer (CISO) at ISSO@usaid.gov for specific standards and guidance.
(8) The Contractor must conduct periodic vulnerability scans, mitigate all security risks identified during such scans, and report subsequent remediation actions to CISO at ISSO@usaid.gov and COR within 30 workdays from the date vulnerabilities are identified.
The report must include disclosure of the tools used to conduct the scans. Alternatively, the contractor may authorize USAID CISO at ISSO@usaid.gov to conduct periodic vulnerability scans via its Web-scanning program. The sole purpose of USAID scanning will be to minimize security risks. The Contractor will be responsible for taking the necessary remediation action and reporting to USAID as specified above.
(c) For general information, agency graphics, metadata, privacy policy, and Section 508 compliance requirements, refer to http://www.usaid.gov
H.3 LANGUAGE REQUIREMENTS
(a) The Contractor will produce all reports and deliverables in English and/or Ukrainian when necessary.
(b) The Contractor must ensure the Contractor’s employees and consultants possess the appropriate level of skill in written and spoken English and local language proficiency, as needed, to perform the contract requirements.
(c) Contractor key personnel must have English and Ukrainian language proficiency.
SECTION I - CONTRACT CLAUSES
I.1. 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This Contract/Purchase Order 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 this/these address(es): https://www.acquisition.gov/browse/index/far
NUMBER TITLE DATE
FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)
52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-7 Anti-Kickback Procedures JUN 2020 52.203-16 Preventing Personal Conflicts of Interest JUN 2020
52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights NOV 2023
52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation JAN 2017
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements JAN 2017
52.204-5 Women-Owned Business (Other Than Small Business) OCT 2014 52.204-6 Unique Entity Identifier OCT 2016
52.204-7 System for Award Management OCT 2018 Alternate I 52.204-10 Reporting Executive Compensation and First-Tier Subcontract
Awards JUN 2020 52.204-12 Unique Entity Identifier Maintenance OCT 2016
52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-17 Ownership or Control of Offeror AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020
52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014 52.204-20 Predecessor of Offeror AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017
52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and other Covered Entities DEC 2023
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment NOV 2021
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment NOV 2021
52.217-8 OPTION TO EXTEND SERVICES NOV 1999
https://www.acquisition.gov/browse/index/far
52.211-5 Material Requirements. AUG 2000 52.212-1 Instructions to Offerors -- Commercial Items SEP 2023 52.212-2 Evaluation -- Commercial Items NOV 2021 52.212-3 Offeror Representation and Certification - Commercial Products and Commercial Services MAY 2024 52.212-4 Contract Terms and Conditions -- Commercial Items NOV 2023 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items MAY 2024 52.222-50 Combating Trafficking in Persons. MAR 2015
NOV 2021 - Alternate I 52.226-8 Encouraging Contractor Policies to Ban Text Messaging MAY 2024 While Driving 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business MAR 2023
Subcontractors 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.243-1 Changes-Fixed-Price AUG 1987 52.243-1 Changes-Fixed-Price (Alternate I) APR 1984 52.244-6 Subcontracts for Commercial Items SEP 2023 52.249-1 Termination for Convenience of the Government
(Fixed-Price) (Short Form) APR 1984 52.249-8 Termination for Default (Fixed-Price Supply and
Service) APR 1984
I.1. AIDAR 752.252-2 AIDAR CLAUSES INCORPORATED BY REFERENCE (MAR 2015)
NUMBER TITLE DATE
752.202-1 DEFINITIONS JAN 1990
752.211-70 LANGUAGE AND MEASUREMENT JUN 1992
752.222-71 NONDISCRIMINATION JUN 2012
752.225-70 SOURCE AND NATIONALITY REQUIREMENTS FEB 2012
752.227-14 RIGHTS IN DATA – GENERAL OCT 2007
752.228-3 WORKERS’ COMPENSATION INSURANCE
(DEFENCE BASE ACT) JUL 2014
752.228-70 MEDICAL EVACUATION (MEDEVAC) SERVICES JUL 2007
752.242-70 PERIODIC PROGRESS REPORTS OCT 2007
752.7005 SUBMISSION REQUIREMENTS FOR
DEVELOPMENT EXPERIENCE DOCUMENTS SEP 2013
752.7006 NOTICES APR 1984
752.7013 CONTRACTOR-MISSION RELATIONSHIPS (OCT 1989)
[DEV (JUN2020) (DEV NOS. M/OAA-DEV-AIDAR-18-04C JUNE 2018
752.7025 APPROVALS APR 1984
752.7027 PERSONNEL DEC 1990
752.7033 PHYSICAL FITNESS JUL 1997
752.7035 PUBLIC NOTICES DEC 1991
752.7038 NONDISCRIMINATION AGAINST END-USERS OF OCT 2016
SUPPLIES OR SERVICES
I.2 FAR 52.204-1 APPROVAL OF CONTRACT DEC 1989
This contract is subject to the written approval of the Contracting Officer and must not be binding until so approved.
I.3 AIDAR 752.229-71 REPORTING OF FOREIGN TAXES JUL 2023
(a) Definitions. As used in this clause—
Foreign government includes any foreign governmental entity.
Foreign taxes include value-added taxes and customs duties, but not individual income taxes assessed to local staff.
Local staff means Cooperating Country National employees.
(b) Annual report.
(1) The Contractor must submit a report detailing foreign taxes assessed under this contract during the prior U.S. government fiscal year. The report must be submitted annually by April 16.
(2) A report is required even if the Contractor did not pay any foreign taxes during the reporting period. A cumulative report may be provided if the Contractor is performing more than one award in the foreign country.
(c) Contents of report. The report must contain:
(1) Contractor name.
(2) Contact name with phone number and email address.
(3) Contract number(s).
(4) Amount of foreign taxes assessed by each foreign government (listed separately) under this contract during the prior U.S. Government fiscal year.
(i) Taxes assessed on any individual transaction of less than $500 should not be reported.
(ii) The Contractor must report only foreign taxes assessed by a foreign government receiving U.S. assistance under this contract. The Contractor must not report on foreign taxes assessed by a third-party foreign government.
(5) Any reimbursements of foreign taxes received by the Contractor on the taxes reported in paragraph (c)(4) of this clause received through the date of the report.
(d) Submission of report. The Contractor must submit the report to: [Contracting Officer must insert address and point of contact at the Embassy or Mission in the country in which the contract will be performed, or CFO/CMP for USAID/W-issued contracts, as appropriate], with a copy to the Contracting Officer's Representative.
(e) Subcontracts. The Contractor must include this reporting requirement in all subcontracts issued under this contract. The Contractor shall collect and incorporate into the Contractor's report all information received from subcontractors pursuant to this clause.
(End of clause)
I.4 FAR 52.204-25 – PROHIBITION ON CONTRACTING FOR CERTAIN
TELECOMMUNICATIONS AND VIDEO SURVEILLANCE OR EQUIPMENT NOV 2021
(a) Definitions. As used in this clause—
Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).
Covered foreign country means The People’s Republic of China. Covered telecommunications equipment or services means–
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);
(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or
(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
Critical technology means–
(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;
(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-
(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or
(ii) For reasons relating to regional stability or surreptitious listening;
(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);
(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);
(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or
(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).
Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.
Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.
Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.
Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.
(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.
This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.
(c) Exceptions. This clause does not prohibit contractors from providing—
(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(d) Reporting requirement. (1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.
(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause
(i) Within one business day from the date of such identification or notification:
the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known);
brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.
I.5 FAR 52.246-26 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT NOV 2021
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision-
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements,…
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