RFQ No. 72066821Q00038 A&A Support Services.pdf

Request for Quote (RFQ) No.: 72066821Q00038 RFQ Issue Date: May 20, 2021 Questions Due Date May 27, 2021 at 1200, Juba time Quote Submission Due Date: June 21, 2021 at 1700, Juba time

Dear Sir/Madam:

The United States Government, represented by the U.S Agency for International Development (USAID), through the Mission in South Sudan, is seeking offers from qualified small business organizations to provide technical services as described in this solicitation. USAID/South Sudan anticipates awarding one Fixed Price – Level of Effort purchase order with a period of performance of three years, consisting of one base year and two option years, from the date of award as a result of this solicitation.

Competition under this procurement will be a total small business set aside. Quotes from individuals will not be considered.

Please note that organizations submitting a quote in response to this solicitation must be registered in the System for Award Management (SAM) (https://www.sam.gov) in order to conduct business with the U.S. Government. A successful registration in SAM means that the organization has obtained a DUNS number and has secured an NCAGE. The NAICS code for this purchase order is 541990.

Questions and offers must be submitted in writing electronically via email on or before the due dates stipulated above to Carter Saunders at: casaunders@usaid.gov and Michael Loro at:

mloro@usaid.gov. Offers must conform to all requirements outlined in the solicitation.

This solicitation in no way obligates USAID to award a purchase order nor does it commit USAID to pay any cost incurred in the preparation and submission of a quote. The authority for this RFQ is found in the Foreign Assistance Act of 1961, as amended, FAR Part 12 (Acquisition of Commercial Items), FAR Part 19 (Small Business Programs) and FAR 13.5 (Simplified Procedures for Certain Commercial Items). This procurement does not use FAR Part 15 procedures. Where standard or clause language below denotes “offer/contract” or “offeror,” the Government intends “quote/purchase order” or “quoter”.

USAID appreciates the time and effort put into preparing quotes in response to this solicitation.

Sincerely, /S/

Carter Saunders, CPA Contracting Officer USAID/South Sudan

SEE ADDENDUMIS CHECKED

CODE South Sudan18a. PAYMENT WILL BE MADE BY

USAID/South Sudan 4420 Juba Place Washington DC 20521-4420

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

CODE 16. ADMINISTERED BY

Not Applicable

CODE

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OR720668

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

See cover letter+ 249 900 917 830Michael Loro (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

72066821Q00038

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 24OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

U.S Embassy Kololo Road, Juba, South Sudan Attn: EXO/GSO Shipping Unit Juba, South Sudan

00000 Washington DC 20521-4420 4420 Juba Place

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USAID/South Sudan

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

A&A Support Services

• A&A Specialist #1 (base):

• A&A Specialist #2 (base):

• A&A Specialist #1 (OY1):

• A&A Specialist #2 (OY1):

• A&A Specialist #1 (OY2):

• A&A Specialist #2 (OY2):

19.

ITEM NO.

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

Carter Saunders, CPA

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

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

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

X x x

5/20/21

XX

X

RFQ No. 72066821Q00038 A&A Support Services

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ATTACHMENT A – CONTINUATION OF PURCHASE

ORDER FORM

A.1 PURPOSE

The purpose of this award is to obtain the services under A.5.

A.2 PURCHASE ORDER TYPE

This is a Fixed Price-Level of Effort (FP-LOE) Purchase Order.

A.3 PERIOD OF PERFORMANCE

The period of performance for this purchase order is three years from date of award, consisting of one base year and two option years.

A.4 PLACE OF PERFORMANCE

The place of performance under this purchase order is virtual with potential periodic travel to South Sudan.

A.5 STATEMENT OF WORK

A.5.1 Background

The Contractor must provide two senior-level Acquisition & Assistance (A&A) Specialists (hereafter “Specialist(s)”) to provide a full range of remote A&A services, including training and mentoring of Juba-based staff, for all pre-award and post-award A&A functions for highly complex awards. The annual LOE per Specialist is 2,080 hours for a total of 4,160 hours for both Specialists.

A&A support services to be provided, as detailed below, will include but are not limited to, cost evaluations, technical evaluation memorandum review and preparation, source selection documentation generation and review, solicitation and award preparation, as well as contract closeout activities as required. Training and mentoring of OAA staff members are also critical services to be provided.

The Contractor (represented by the Specialists) will provide full-time (40 hours per week) A&A support. Close interaction with the US Direct Hire (USDH) Contracting Officers as well as client offices in Juba is required for success as the Specialists will be assigned programs within USAID/South Sudan. Therefore, the Contractor must ensure that such support services are available for a minimum of four (4) hours each Monday – Thursday during the Juba Embassy working hours of 08:00 – 17:15 (except for holidays). The Juba Embassy hours on Fridays is 08:00 – 13:00. The Contractor must be available for coordination phone or video calls to discuss any work requirements within 24 hours.

The Contractor must meet deadlines for any work product requested and must adhere to high quality standards, including but not limited to adherence to all applicable laws, regulations, and USAID policy; written in proper English and in plain language such that contract products can be

3 | P a g e comprehended by a non-technical reader; be of high quality and follow best practices for the specific type of action undertaken and require minimal edits or changes by the USDH Contracting Officers.

The Contractor is responsible for providing all logistics (provision of equipment, IT hardware, IT software, phone, etc.) for performance of the work. This includes, but is not limited to, the Microsoft Office and Google suites of tools. Unless otherwise approved by the Contracting Officer, no information technology will be reimbursed per “Limitation on Acquisition Of Information Technology (APRIL 2018) (DEVIATION NOs. M/OAA-DEV-FAR-20-3c and M/OAA-DEV-AIDAR-20-2c) (APRIL 2020)”.

The Specialists may not provide services that are inherently-governmental. Specific A&A support services to be provided by the Specialists include but are not limited to:

Pre-Award and Award Negotiations:

● Procurement planning activities, which may include reviewing and recommending clearance of procurement plans and procurement documents by the USDH Contracting Officers and representing OAA at program planning meetings.

● Developing draft acquisition plans, source selection plans, and contract terms, conditions, or financial arrangements.

● Preparing and maintaining current acquisition plans, appropriate milestone charts, and related schedules and keeping client offices informed of anticipated workload demands.

● Advising client offices in activity planning meetings on the procurement instruments to be used.

● Collaborating in the development of evaluation criteria and assisting in the preparation of statements of work for the mission.

● Developing objectives for the program in terms of competition, constructing the appropriate contractual or assistance vehicle, which may include the use of pricing arrangements, subcontracting policies, set-aside policies, and similar considerations.

● In collaboration with other USAID staff, conducting and providing recommendations to the Contracting Officers regarding pre-award surveys and special award conditions.

● Providing advice to resolve special procurement problems associated with waiver requests, expediting of deliveries, apparent overlapping responsibilities, and claims resolution.

● Preparing solicitation documents.

● Performing detailed analyses of all elements of cost in contractor proposals.

Recommending the competitive range and preparing defensible justifications when required.

● Conducting pre-proposal conferences with prospective contractors to arrive at a clear understanding of what is required under the proposed contract.

● Obtaining appropriate data from external business and technical office representatives.

● Recommending clarifications and resolutions of questions concerning such topics as specification changes, language ambiguities, or clarification of contract clauses or subcontracts.

● Exploring new or innovative contracting approaches to arrive at an equitable contract arrangement.

● In the absence of meaningful cost and price information, developing creative approaches to developing the necessary comparative data.

● Serving as lead negotiator responsible for a significant program or for major procurements, which may include several types of instruments.

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● In coordination with the USDH Contracting Officers, planning, leading, and coordinating the strategy for negotiations with contractors/grantees to develop the award price and terms.

● Preparing source selection documents based on the direction and determination of USDH Contracting Officers.

● Preparing the award documents and recommending their execution.

● Preparing any documentation and responding to requests for debriefing or additional information.

● Support for responding to protests by researching and developing necessary analysis, documentation, and history. Working with the Contracting Officer and USAID Legal Officers to develop the Agency position.

● Communicating with industry and potential offerors at the direction of the responsible USDH Contracting Officer.

Post-Award Actions:

● Conducting in-depth compliance review and evaluation of complex, unusual, or unprecedented contract actions requiring higher-level approval.

● Under the supervision of the USDH Contracting Officer, ensuring that contract terms and conditions are met and that the contractor delivers the required goods or services in a timely manner to achieve the objectives of the Agency’s projects and programs.

● Recommending cure or show-cause notices when the contractor is not in compliance.

● Conducting analysis and preparing required documentation for various contracting actions, including: incremental funding, rate and cost adjustments, redirection of effort, time extension, incorporation of change orders, stop work orders, cure notices or show cause letters, approval of progress payments, final payment to the contractor, and contract closeout.

● Evaluating and making recommendations regarding the adequacy of the awardee’s business management systems for areas such as personnel compensation, insurance subcontracting and/or sub-granting procedures, and financial management.

● Under the supervision of the USDH Contracting Officer, ensuring compliance with applicable cost principles, and Cost Accounting Standards and requirements.

● Interpreting award provisions for USAID employees and providing appropriate advice and guidance.

● Anticipating problems and providing advice on effective implementation and required timeframes.

● Preparing documentation necessary to support or defend termination decisions, whether terminating awards for the convenience of the Government or default by the awardee, and support for negotiating termination claims settlement.

● Preparing necessary documents to resolve all aspects of audits, questioned or ineligible costs, and accounting issues. Supporting audit finding recommendations with detailed analysis of each cost, category, or element as necessary.

● Reviewing completed (after full performance) contract files to determine that all contractual actions are satisfied, and that there are no pending administrative actions to be resolved. Ensuring that all file documents are signed, that there are no litigation actions pending, and that the contract is complete in every respect and ready to be closed.

● Ensuring that contracts nearing annual anniversaries or final completion have a completed performance report, including review of draft performance reports from the CORs/AORs, reviewing contractor responses/comments, and making recommendations to the USDH Contracting Officers.

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● Maintaining documents so that they may be filed into the ASIST filing system per Agency policy.

Training:

● Serving as a resource person and mentor to Juba-based A&A Specialists.

● Training A&A Specialist staff on all aspects of acquisition and assistance procedures, policy and document formation. The training must encompass procurement planning, design and solicitation processes, negotiation and award, contract compliance monitoring and administration, design of tools and templates to utilize in training and other related topics as assigned.

Specific responsibilities will vary throughout the contract term. The Contractor must be available for, with the Supervisory Contracting Officer or delegated CO, a weekly meeting to discuss work requirements with a “look ahead” of anticipated services to be provided during the approaching two-week horizon.

A.5.2 Special Purchase Order Requirements:

The Specialists must sign non-disclosure agreements (NDAs) for all actions they work on. No other Contractor staff may work on, view, or access the work product of the Specialists, without first signing an NDA for that particular action.

The Contractor must maintain adequate computer systems and policies to properly safeguard source selection sensitive material.

This purchase order requires the Contractor to furnish important services in support of Mission designs. In accordance with the principles of FAR Subpart 9.5 and USAID policy, the Contractor will be ineligible to furnish, as a Prime or Subcontractor or otherwise, the implementation services for the activity, unless the Head of the Contracting Activity authorizes a waiver (in accordance FAR 9.503 and AIDAR 709.503) determining that preclusion of the Contractor from the implementation contract would not be in the Government's interest.

The Specialists are precluded from additional support services to other clients throughout the term of this purchase order, including any option periods if exercised. Replacement of either of the Specialists requires prior approval of the Contracting Officer.

A.5.3 Specialist Minimum Requirements:

Each Specialist must meet the following minimum qualifications:

● At least 3 years of experience in applying applicable A&A laws and regulations.

● At least 3 years of experience in international development.

The following is highly desirable, but not mandatory:

● Previous experience as a warranted Contracting and/or Agreement Officer.

● A master’s degree/JD, or equivalent, in law from an accredited US university.

● Experience in applying applicable USAID policies.

● Experience in providing A&A services to clients in non-permissive environments.

A.6 PAYMENT AND INVOICING

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The completed and signed SF-1034 “Voucher for Services for Other Than Personal” and relevant invoices and other documentation must be submitted electronically in pdf format to email address below:

payablejuba@usaid.gov

A.6.1 Inspection and Acceptance:

Prior to payment, the Contracting Officer's Representative (COR) must perform an inspection and acceptance of received services in writing. The COR is authorized to inspect and accept all services under this award. The designated Contracting Officer's Representative (COR) for this award is: Carter Saunders, Contracting Officer.

A.6.2 Payment:

The contractor is eligible to invoice after completion of each 150 hours of LOE per Specialist.

Payment shall be made via EFT after the acceptance of services by the designated COR as per clause 52.232-1 Payment and after the invoice is delivered to the paying office email above.

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ATTACHMENT B – PURCHASE ORDER CLAUSES

B.1

NUMBER

CLAUSES INCORPORATED BY REFERENCE

TITLE

DATE

52.212-4

FAR (48 CFR Chapter 1)

CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (OCT 2018)

(Deviation M-OAA-DEV-FAR-20-1c)

52.228-3 WORKERS’ COMPENSATION INSURANCE (DEFENSE BASE ACT) (JUL

2014)

752.202-1

AIDAR (48 CFR Chapter 7)

DEFINITIONS (JAN 1990)

752.211-70 LANGUAGE AND MEASUREMENT (JUN 1992)

752.222-70 USAID DISABILITY POLICY (DEC 2004)

752.222-71 NONDISCRIMINATION (JUN 2012)

752.228-3 WORKER'S COMPENSATION INSURANCE (DEFENSE BASE ACT) (DEC

1991)

752.228-70 MEDICAL EVACUATION (MEDEVAC) SERVICES (JUL 2007)

752.252-1 AIDAR SOLICITATION PROVISIONS INCORPORATED

752.252-2

BY REFERENCE (MAR 2015

AIDAR CLAUSES INCORPORATED BY REFERENCE (MAR 2015)

752.7004 EMERGENCY LOCATOR INFORMATION (JUL 1997)

752.7006 NOTICES (APR 1984)

752.7009 MARKING (JAN 1993)

752.7013 CONTRACTOR - MISSION RELATIONSHIPS (OCT 1989)

(AAPD 18-03, Revised 01)

752.7025 APPROVALS (APR 1984)

752.7027 PERSONNEL (DEC 1990)

752.7033 PHYSICAL FITNESS (JUL 1997)

752.7038 NONDISCRIMINATION AGAINST END-USERS OF (OCT 2016)

SUPPLIES OR SERVICES

B.2 FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (JAN

2021)

(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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

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(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115- 232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 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)).

(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:

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUNE 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509)).

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

__X_ (4) 52.203-17, Contractor Employee Whistleblower Rights and Reguirements To Inform Employees of Whistleblower Rights. (April 2014 (DATE) (41 U.S.C. 4712) relating to Whistleblower Protections).

The paragraphs below are renumbered _X_ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract

Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (6) [Reserved].

__ (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery

Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (9) 52.209-6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

__ (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

__ (11) [Reserved].

__ (12) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR

2020) (15 U.S.C. 657a).

__ (ii) Alternate I (MAR 2020) of 52.219-3.

__ (13) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (MAR 2020) (if the quoter elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (MAR 2020) of 52.219-4.

__ (14) [Reserved] X (15) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-6.

__ (16) (i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV

2020) (15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-7.

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__ (17) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (18) (i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).

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

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

__ (iv) Alternate III (JUN 2020) of 52.219-9.

__ (v) Alternate IV (JUN 2020) of 52.219-9 __ (19) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (MAR 2020) of 52.219-13.

__ (20) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

__ (21) 52.219-16, Liquidated Damages-Subcontracting Plan (JAN

1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-

Aside (MAR 2020) (15 U.S.C. 657f).

__ (23) (i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV

2020) (15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (MAR 2020) of 52.219-28.

__ (24) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (MAR 2020) (15 U.S.C. 637(m)).

__ (25) 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 (Mar2020) (15 U.S.C. 637(m)).

__ (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

__ (27) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15U.S.C. 637(a)(17)).

__ (28) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

__ (29) 52.222-19, Child Labor-Cooperation with Authorities and

Remedies (JAN2020) (E.O.13126).

_X_ (30) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

_X_ (31) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

__ (ii) Alternate I (FEB 1999) of 52.222-26.

__X (32) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (JUL 2014) of 52.222-35.

_X_ (33) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN

2020) (29 U.S.C. 793).

__ (ii) Alternate I (JUL 2014) of 52.222-36.

_X_ (34) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

_X_ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations

Act (DEC 2010) (E.O. 13496).

_X_ (36) (i) 52.222-50, Combating Trafficking in Persons (OCT

2020) (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).

__ (37) 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.)

__ (38) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA– Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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__ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

__ (41) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (OCT 2015) of 52.223-13.

__ (42) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s

13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (43) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY

2020) (42 U.S.C. 8259b).

__ (44) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer

Products (OCT 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (JUN 2014) of 52.223-16.

_X_ (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While

Driving (JUN 2020) (E.O. 13513).

__ (46) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

__ (47) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (48) (i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (JAN 2017) of 52.224-3.

__ (49) 52.225-1, Buy American-Supplies (JAN2021) (41 U.S.C. chapter 83).

__ (50) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act

(JAN 2021)(41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 380 5 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (JAN 2021) of 52.225-3.

__ (iii) Alternate II (JAN 2021) of 52.225-3.

__ (iv) Alternate III (JAN 2021) of 52.225-3.

__ (51) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (52) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (53) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).

__ (54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

__ (55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

__ (56) 52.229-12, Tax on Certain Foreign Procurements (JUN 2020).

__ (57) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB

2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (58) 52.232-30, Installment Payments for Commercial Items (Jan 2017)

(41 U.S.C. 4505, 10 U.S.C. 2307(f)).

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_X_ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) (31 U.S.C. 3332).

__ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (61) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

__ (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

__ (63) 52.242-5, Payments to Small Business Subcontractors (JAN

2017) (15 U.S.C. 637(d)(13)).

__ (64) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB

2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (APR 2003) of 52.247-64.

__ (iii) Alternate II (FEB 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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:

__ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter67).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY

2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O.

13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020)

(42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under

12 | P a g e or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

(ii) 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)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115- 232).

(v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vii) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN

2020) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations

Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(xiii)

(A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O 13627).

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

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).

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(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O.

13706).

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United

States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

B.3 ADS 302.3.5.21 SUBMISSION OF DATASETS TO THE DEVELOPMENT DATA

LIBRARY (DDL) (OCT 2014)

(a) Definitions. For the purpose of submissions to the DDL:

(1) “Dataset” is an organized collection of structured data, including data contained in spreadsheets, whether presented in tabular or non-tabular form. For example, a Dataset may represent a single spreadsheet, an extensible mark-up language (XML) file, a geospatial data file, or an organized collection of these. This requirement does not apply to aggregated performance reporting data that the contractor submits directly to a USAID portfolio management system or to unstructured data, such as email messages, PDF files, PowerPoint presentations, word processing documents, photos and graphic images, audio files, collaboration software, and instant messages. Neither does the requirement apply to the contractor’s information that is incidental to award administration, such as financial, administrative, cost or pricing, or management information. Datasets submitted to the DDL will generally be those generated with USAID resources and created in support of Intellectual Work that is uploaded to the Development Experience Clearinghouse (DEC) (see AIDAR 752.7005 “Submission Requirements for Development Experience Documents”).

(2) “Intellectual Work” includes all works that document the implementation, monitoring, evaluation, and results of international development assistance activities developed or acquired under this award, which may include program and communications materials, evaluations and assessments, information products, research and technical reports, progress and performance reports required under this award (excluding administrative financial information), and other reports, articles and papers prepared by the contractor under the award, whether published or not. The term does not include the contractor’s information that is incidental to award administration, such as financial, administrative, cost or pricing, or management information.

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(b) Submissions to the Development Data Library (DDL)

(1) The Contractor must submit to the Development Data Library (DDL), at www.usaid.gov/data, in a machine-readable, non-proprietary format, a copy of any Dataset created or obtained in performance of this award, including Datasets produced by a subcontractor at any tier. The submission must include supporting documentation describing the Dataset, such as code books, data dictionaries, data gathering tools, notes on data quality, and explanations of redactions.

(2) Unless otherwise directed by the Contracting Officer (CO) or the Contracting Officer Representative (COR), the contractor must submit the Dataset and supporting documentation within thirty (30) calendar days after the Dataset is first used to produce an Intellectual Work or is of sufficient quality to produce an Intellectual Work. Within thirty

(30) calendar days after award completion, the contractor must submit to the DDL any Datasets and supporting documentation that have not previously been submitted to the DDL, along with an index of all Datasets and Intellectual Work created or obtained under the award. The contractor must also provide to the COR an itemized list of any and all DDL submissions. The contractor is not required to submit the data to the DDL, when, in accordance with the terms and conditions of this award, Datasets containing results of federally funded scientific research are submitted to a publicly accessible research database. However, the contractor must submit a notice to the DDL by following the instructions at www.usaid.gov/data, with a copy to the COR, providing details on where and how to access the data. The direct results of federally funded scientific research must be reported no later than when the data are ready to be submitted to a peer-reviewed journal for publication, or no later than five calendar days prior to the conclusion of the award, whichever occurs earlier.

(3) The contractor must submit the Datasets following the submission instructions and acceptable formats found at www.usaid.gov/data.

(4) The contractor must ensure that any Dataset submitted to the DDL does not contain any proprietary or personally identifiable information, such as social security numbers, home addresses, and dates of birth. Such information must be removed prior to submission.

(5) The contractor must not submit classified data to the DDL.

B.4 SECURITY

The Contractor must be aware of security conditions in South Sudan, and by entering into a contract, assumes full responsibility for the safety of its employees. Prior to commencing work, the Contractor must ensure that it has adequate procedures in place to advise its employees of situations or changed conditions that could adversely affect their security. In order to keep abreast of security conditions in South Sudan, the Contractor must seek information from all available sources, including USAID/South Sudan’s Partner Liaison Security Office Contractor (PLSO) and other sources as directed by the Contracting Officer, for all areas in which its employees work or travel within South Sudan. In the event of travel to South Sudan, the Contractor may be required to submit its security procedures, including the incorporation incident reporting to PLSO acceptable to the USAID Contracting Officer, prior to the commencement of any travel.

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B.5 HUMAN RIGHTS VIOLATIONS AND SANCTIONS PROGRAM IN SOUTH

SUDAN

a. WORKING IN SOUTH SUDAN - U.S. GOVERNMENT POLICY

Work under this contract must be consistent with U.S. Government’s (USG) policy toward South Sudan in effect and as notified by the Contracting Officer (CO) or the Contracting Officer’s Representative (COR) throughout the life of the award.

b. U.S. GOVERNMENT SANCTIONS

The Contractor must comply with all applicable U.S. Government sanctions, including those administered by the U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC) under Executive Order 13664, dated April 3, 2014 (South Sudan sanctions) and Executive Order 13818 dated December 20, 2017 (Global Magnitsky sanctions). See also FAR Clause 52.225-13, Restrictions on Certain Foreign Purchases.

c. PRIOR APPROVAL FOR FUNDING OR SUPPORT TO ANY LEVEL OF

GOVERNMENT

The Contractor must not provide funding or support under this contract to any level of government in the Republic of South Sudan, including the central government or state or local governments, without the prior written approval of the Contracting Officer.

d. This special contract requirement must be included in all subawards and contracts.

B.6 PROHIBITION OF ASSISTANCE TO DRUG TRAFFICKERS

USAID reserves the right to terminate this contract, to demand a refund or take other appropriate measures if the Contractor is found to have been convicted of a narcotics offense or to have been engaged in drug trafficking as defined in 22 CFR Part 140.

(End of clause)

B.7 SEXUAL MISCONDUCT (DECEMBER 2020)

(a) USAID has a zero-tolerance policy for sexual misconduct with the goal of fostering a respectful, safe, healthy and inclusive work environment. USAID maintains policies and procedures to establish a workplace free of sexual misconduct as described in agency policy at ADS Chapter 113, Preventing and Addressing Sexual Misconduct.

(b) USAID has developed two methods for receiving allegations of sexual misconduct: USAID’s Unified Misconduct Reporting Portal, available on LaunchPad (launchpad.usaid.gov), and Service Desk, phone, (202) 712-1234. These are also available to the Contractor or its employee(s).

(c) USAID may conduct administrative inquiries into allegations of sexual misconduct that occur

16 | P a g e within U.S. Government facilities or while the Contractor employee is performing services under the contract. The Contracting Officer will provide the results of any inquiry involving a Contractor employee to the Contractor, subject to federal law and USAID’s information disclosure policies. USAID retains the right to suspend or terminate a Contractor employee’s access to any systems and/or facilities for incidents of sexual misconduct.

(d) The Contractor agrees to incorporate the substance of paragraphs (a) through (d) of this requirement in all subcontracts that may require Contractor employees to have routine physical access to USAID facilities.

B.8 FAR 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (AUGUST 2020)

(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;

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(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.