RUSF RUTF BLANKET PURCHASE AGREEMENT- Solicition 7200AA21R00093.pdf

BLANKET PURCHASE AGREEMENT (BPA) - SOLICITATION TEMPLATE

RFQ Issuance Date: 20/August/2021 RFQ Questions and Answer: 01/September/2021 RFQ Closing Date: 17/September/2021 RFA Closing Time: 5:00 PM Eastern Daylight Savings Time

Subject: Request for Quote- Solicitation Number: 7200AA-21-R-00093

The United States Government, represented by the U.S. Agency for International Development (USAID), Office, Bureau for Humanitarian Assistance (BHA) is soliciting a Request for Quote (RFQ) from qualified and responsible contractors for the purpose of establishing Blanket Purchase Agreement(s) to provide produce, store, and deliver the RUTF/RUSF during the agreement period of performance for the United States Agency for International Development, Bureau for Humanitarian Assistance upon award of a Purchase Order.

USAID anticipates the award of one or more firms BPAs to unrestricted acquisition for Base Period of Two years and three option years. Prospective Contractor should be aware that while USAID may award multiple BPAs, USAID will only award the number of BPAs required to meet USAID current need.

Contractor quotes must be submitted in accordance with the RFQ instructions at the specified place and time.

The North American Industry Classification System (“NAICS”) code for this acquisition is 311340.

The Authorized Geographic Code: The Authorized Geographic Code for this procurement is 997.

Offerors must refer to the instruction section for information regarding this RFQ requirement. Offerors should take into account the expected delivery time required by the RFQ transmission method as specified in the RFQ. Offerors are responsible for ensuring that RFQ are received at USAID by the due date and time as noted on the cover page. Failure to comply with the submission date and time will render the Offeror’s quote unacceptable and the quote will not be reviewed or evaluated. Faxed quotes are not acceptable, nor will they be reviewed or evaluated.

Offerors must be registered in the System for Award Management (“SAM”) database prior to award at www.sam.gov.

Offerors should retain for their records copies of all submissions which accompany their quotes. All submissions should be on the organization letterhead and signed by a person who has signatory authority for the organization and clearly marked with the RFQ number.

Questions in response to this RFQ can be directed to email Prince Boateng, Pboateng@usaid.gov and Josh DeGeorge, jdegeorge@usaid.gov.

This RFQ does not obligate USAID to contract nor does it commit USAID to pay any cost incurred in the preparation and submission of a quote. This RFQ can be viewed and downloaded from

U.S Agency for International Development (USAID) Page 1 of 41

RFQ-SOL # 7200AA21R00093

http://www.sam.gov mailto:Pboateng@usaid.gov mailto:jdegeorge@usaid.gov https://www.fbo.gov/ USAID bears no responsibility for data errors resulting from transmission or conversion processes. Additionally, be aware that any amendments to this RFQ will be posted on the same website from which the RFQ was downloaded.

Sincerely, Prince Boateng, Senior Contracting Officer, USAID

U.S Agency for International Development (USAID) Page 2 of 41

RFQ-SOL # 7200AA21R00093

https://www.fbo.gov/

TABLE OF CONTENTS

Contents

SECTION 1 – SUPPLIES/ SERVICES AND PRICE/COSTS 5

SECTION 2 – STATEMENT OF WORK/SPECIFICATIONS/DESCRIPTIONS 10

2.1 BACKGROUND 10

2.2 STATEMENT OF WORK 10

SECTION 3 –ORDERING 15

SECTION 4 – CONTRACT ADMINISTRATION DATA 18

SECTION 5- BPA REQUIREMENT 21

46.706 Warranty terms and conditions. 21

5.10 52.217-8 Option to Extend Services. 34

5.11 52.217-9 Option to Extend the Term of the Contract. 34

SECTION 6 – NOTICE TO OFFERORS INSTRUCTIONS, EVALUATION OF QUOTES 35

SECTION 7 – ATTACHMENTS 41

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SECTION 1 – SUPPLIES/ SERVICES AND PRICE/COSTS

1.1 AUTHORITY

The U.S Agency for International Development (USAID) Bureau for Humanitarian Assistance is issuing the Blanket Purchase Agreement in accordance with FAR part 8, 12, and 13.

1.2 PURPOSE OF BPA

This Blanket Purchase Agreement is issued to establish arrangements for ordering, storage, delivery, and billing to cover RUTF/RUSF during the agreement period of performance. The essence of this agreement is to have a contractor produce, store, and deliver the RUTF/RUSF for the United States Agency for International Development, Bureau for Humanitarian Assistance upon award of a Purchase Order.

RUTF/RUSF delivered under this BPA shall conform to the latest USAID RUFs Single Specification attached to this solicitation or as otherwise specified in any modification the Contracting Officer required in writing. Additional small or medium quantity lipid nutrient supplements for children and/or women may be required during this contract. In this event, specifications would be provided by the USG. This agreement does not require the contractor to produce and store commodities in anticipation for award.

However RUTF/RUSF may be produced and stored at the contractor/vendor’s facility until the government issues a purchase order for immediate release.

As RUTF and RUSF are standard configuration commodities, which are purchased by other governmental and non-governmental entities, any balance of RUTF/RUSF remaining in storage at the end of this agreement shall be retained by the contractor, without obligation by USAID, at the end of the BPA agreement period of performance. RUTF/RUSF may not be sold to other organizations with the USAID logo on either the cartons or the individual sachets without specific written approval from the USAID Contracting Officer.

The agreement will not obligate the Government to order, or the contractor to furnish, any articles in any quantity except to the extent agreed upon in individual written Purchase Order. Individual orders may not exceed the Simplified Acquisition Threshold ( currently $7.5million for commercial items). The government intends to purchase commodities and ship directly from the manufacturer’s warehouse and deliver to the program location. This BPA is not a contract, but orders placed against it become contractual upon acceptance by the contractor.

1.3 CONTRACT TYPE AND SERVICES

The contract anticipated from this solicitation is a Blanket Purchase Agreement (BPA) utilizing individual Purchase Orders to provide supplies. Purchase Orders issued under this award will be Firm Fixed Price (FFP).

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1.4 PLACE OF PERFORMANCE

The Place of performance for the master BPA is worldwide. Individual BPA calls will specify the place of performance for the BPA call.

1.5 AUTHORIZED GEOGRAPHIC CODE

The authorized geographic code for procurement of goods and services under the Master BPA is 997.

Individual BPA calls will indicate the authorized geographic code for the call.

1.6 TERMS AND CONDITIONS

a. Extent of obligation. The agreement will not obligate the Government to order, or the contractor to furnish, any articles in any quantity except to the extent agreed upon in individual written Purchase Order. Individual orders may not exceed the Simplified Acquisition Threshold ( currently $7.5 million for commercial items). The government intends to purchase commodities and ship directly from the manufacturer’s warehouse and deliver to the program location. This BPA is not a contract, but orders placed against it become contractual upon acceptance by the contractor.

b. This agreement is made in accordance with negotiation authority of the U.S. Federal Acquisition Regulation 13.303 - Blanket Purchase Agreements, 13.5 – Simplified Procedures for Certain Commercial Items, 8.405-3 - Blanket Purchase Agreements and 12 Acquisition of Commercial Items.

c. Purchase limitation The minimum purchase order for services awarded under this entire agreement (base agreement period plus all option periods) is 0 NMT. This is not a requirements contract, and the government may purchase transportation and other logistics services from other vendors as necessary.

The ceiling Price for this BPA is: N/A.

The dollar limit for each call shall be $7,500,000.

d. Individuals authorized to purchase under the BPA are the Contracting Officers located at:

● USAID/Washington, D.C.

● Office of Acquisition and Assistance

1.7 PERIOD OF PERFORMANCE

The period of performance for this BPA is two base years and three option years from January 1, 2022 to December 31, 2026.

The Government may cancel the BPA at any time by notifying the Contractor at least 30 days in advance.

BPA cancellation does not release the contractor from the duty to continue performance or change the terms and conditions on Purchase Order(s) issued prior to cancellation unless a change order is processed by the Contracting Officer.

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1.8 OBLIGATION OF FUNDS

This BPA does not obligate any funds.

1.9 INSPECTION AND ACCEPTANCE

Deliverables shall be submitted in accordance with the terms and condition of the BPA and the BPA call order. Any discrepancy between BPA and the call order shall be resolved by giving precedence to the BPA quote, BPA, Call Order and CO determination.

1.10 PRICING: The contractor shall submit the price for supplies at time of BPA call. The prices to the U.S. government shall be as low as, or lower than, those charged to the supplier’s most favored customer for comparable quantities under similar terms and conditions, and shall include any discounts for prompt payment.

1.11 CLOSEOUT PROCEDURE

To facilitate closeout of individual Purchase Order placed under this BPA, within thirty (30) days of completion of any individual Purchase Order, the BPA holder shall present the final invoice to Financial Management, and a copy to the Contracting Officer.

1.12 LIQUIDATED DAMAGES. USAID may claim liquidated damages from the Contractor on contracts under this BPA as follows. Charges may be applied if the Contractor does not meet the individual purchase order delivery date.

a. If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of $1000 per calendar day of delay.

b. If the Government terminates this contract in whole or in part under the Default—Fixed-Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

c. The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default—Fixed-Price Supply and Service clause in this contract.

1.13 Warranty: All contract warranties for PO must be in accordance with contract clause FAR 52.212-4(o), Warranty. Contract clause FAR 52.212-4(o), Warranty states, “the Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.”

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By signing below you are certifying that the products offered to the government under this BPA, and to be delivered, meet all the requirements of the item purchase description. Failure to meet these requirements may result in your bearing the cost of:

a. Replacing items.

b. Transportation Expenses

c. Government administrative re-procurement expenses.

Offeror’s Name and Signature Date

Company Name:

Address:

Email Address:

Phone Number:

Fax Number:

DUNS #:

EIN/TIN:

This BPA may be cancelled for default if the contractor is noncompliant with terms and conditions of this agreement.

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[END OF SECTION 1]

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SECTION 2 – STATEMENT OF WORK/SPECIFICATIONS/DESCRIPTIONS

2.1 BACKGROUND

The United States Agency for International Development, Bureau for Humanitarian Assistance (BHA) is seeking to establish a Blanket Purchase Agreement (BPA) with one or more firms that will allow USAID to contract simply and quickly with these firms for immediate delivery of Ready To Use Therapeutic Food (RUTF) and Ready To Use Supplementary Food (RUSF). This competition for the BPA allows offerors to submit their proposals to USAID describing how their firm is capable and qualified to provide the commodities and services outlined in this BPA. The winning firm(s) would then have a signed agreement with USAID (which includes a minimum order guarantee of zero nmt), through which future contracts and delivery orders could easily be issued. The selected BPA holders must be able to perform all activities specified in the scope of work in support of USAID programs.

RUTFs and RUSFs are high-energy fortified foods to be used by award recipients of the United States Agency for International Development for the treatment of Severe Acute Malnutrition (SAM) and Moderate Acute Malnutrition (MAM), respectively. These commodities can be used in any cultural setting in accordance with guidelines for the outpatient care and management of Severe Acute Malnutrition and Moderate Acute Malnutrition. The RUTF/RUSF may be used in a wide variation of climatic zones and may be the sole source of food, in addition to breast milk, during the period of use.

Historically USAID has procured approximately 10,000 nmt of RUTF and 11,000 nmt of RUSF annually.

USAID intends to procure nearly all of its RUTF/RUSF through this BPA. However, this BPA does not obligate the government to use this contract instrument to procure RUTF/RUSF.

2.2 STATEMENT OF WORK

1. DESCRIPTION. This Blanket Purchase Agreement is issued to establish arrangements for ordering, storage, delivery, and billing to cover RUTF/RUSF during the agreement period of performance. The essence of this agreement is to have a contractor produce, store, and deliver the RUTF/RUSF for the United States Agency for International Development, Bureau for Humanitarian Assistance upon award of a Purchase Order. RUTF/RUSF delivered under this BPA shall conform to the latest USAID RUFs Single Specification attached to this solicitation or as otherwise specified in writing in any modification the Contracting Officer requires. Additional small or medium quantity lipid nutrient supplements for children and/or women may be required during this contract. In this event, specifications would be provided by the USG.

This agreement does not require the contractor to produce and store commodities in anticipation for award. However RUTF/RUSF may be produced and stored at the contractor/vendor’s facility until the government issues a purchase order for immediate release.

As RUTF and RUSF are standard configuration commodities, which are purchased by other governmental and non-governmental entities, any balance of RUTF/RUSF remaining in storage at the end of this agreement shall be retained by the contractor, without obligation by USAID, at the end of the BPA agreement period of performance. RUTF/RUSF may not be sold to other organizations with the USAID

U.S Agency for International Development (USAID) Page 10 of 41 logo on either the cartons or the individual sachets without specific written approval from the USAID Contracting Officer.

2. QUALITY ASSURANCE. RUTF and RUSF production under this BPA must comply with the most recent version of USAID RUF Single Specification at the time of production. Any stock material acquired under previous RUTF/RUSF specifications (CID and CRD) can be used with waiver and with corresponding USAID written approval on a case-by-case basis, provided that the purchase of such material was done before the awarding of this BPA. Any deviation from USAID Single Specification has to be discussed and approved in writing by the Contracting Officer.

Contracts from this BPA shall provide the government quality assurance at the source. The Government, through the USDA Agricultural Marketing Service (AMS) or USAID contractor shall weigh, audit, inspect, and test the product offered in performance of a Purchase Order. In addition to internal quality assurance systems as indicated below, the contractor shall submit samples to USDA/AMS laboratories or an entity identified by USAID for both nutritional and microbiological compliance as established below.

a. Inspections and audits. Prior to any award of Purchase Order, suppliers should have demonstrated sound quality and food safety programs, through written quality programs and a letter expressing their commitment to the highest quality and food safety standards through the provision of appropriate supplier’s Certificate of Analysis (CoA). The USG usually carries out comprehensive audits annually, as well as unannounced routine inspections. Suppliers are expected to have and use a system for ensuring release and delivery of conforming products.

BPA holders with unresolved findings or unsatisfactory ratings from inspections of their manufacturing facilities, or whose food safety and quality status letter has expired, been suspended, or revoked, may not be eligible for individual purchase orders. Furthermore, they will remain ineligible to receive individual purchase orders until such time as the findings have been resolved to the satisfaction of the Contracting Officer or the relevant certifications have been reinstated.

b. Sampling and testing. Comprehensive testing including all the parameters in the commodity specification shall be carried out during start up (in new or first time producing facilities) and annually thereafter. For purposes of ongoing testing, on a daily basis and reported on a per lot basis, the parameters in Section 4: Analytical Requirements of the Commodity specification shall be monitored for nutritional and microbiological compliance.

c. The Contractor shall be held responsible for any products found at final destination points to have latent defects that are determined to be the fault of the supplier.

d. The Contractor shall permit USAID, or any other representative as may be designated by USAID, to have access to the manufacturing facilities of the Goods, at all reasonable times to inspect the manufacturing site and processes for the production, quality control, quality assurance and packing of the Goods. The Contractor shall provide reasonable assistance to the representative for such appraisal, including copies of any documentation as may be necessary. USAID may contract a third party inspector

U.S Agency for International Development (USAID) Page 11 of 41 to conduct quarterly inspections of product packaging and quality. USAID reserves the right to reject any Goods that do not conform to the required specifications.

e. The Contractor shall implement an internal auditing process as part of their Quality System and shall provide USAID with results upon request. The Contractor shall inform USAID whenever there is a significant change in their main processes, major manufacturing issues, or change of manufacturing site that could affect the quality of the product or any relevant outcome from internal audits, or third party audits which would reflect differences in the ability of the contractor to comply with USAID requirements both in terms of expected food safety, quality and delivery timeframe. Particularly, the Contractor shall inform USAID of any human pathogen finding in the facility, along with corresponding corrective actions.

3. SHELF LIFE. Unless specifically authorized in writing by USAID Contracting Officer, products must be of fresh production e.g., less than 4 months old at the time of issuance of Purchase Order.

4. STORAGE. The contractor shall have the capability to store the procured RUF for up to 60 days past the contracted availability date offered in the Purchase Order in case there are delays due to logistics challenges on the side of the government, which shall be included in the offer price.

5. DELIVERY AND SHIPPING. Deliverables shall be submitted in accordance with terms stated in an individual Purchase Order. Deliverables shall include a Certificate of Analysis (CoA) including both microbiological release criteria as well as nutrition compliance as stated in Table 4.1 and Table 4.2 of the most recent USAID RUSF/RUTF specification.

The contractor shall prepare or make available standard shipping documents (packing lists, certificates of origin, etc.) to permit the government or its agent or transport company to export and transport the RUTF/RUSF from the country of origin. The contractor shall coordinate with the freight forwarding company to arrange for the timely pickup of the commodities after the Contractor has loaded them for delivery.

RUTF/RUSF shall be packaged and boxed in such a manner as to preclude damage to the RUTF/RUSF contents during international air or ocean transport.

As specified in individual transactions, items are to be made available FOB Origin, unless otherwise agreed in writing between the parties. Inspection and acceptance shall be conducted in accordance with the U. S. Federal Acquisition Regulations clause FAR 52.246-2 Inspection of Supplies – Fixed price.

All orders and deliveries and documents under this agreement shall be accompanied by written Purchase orders that contain the following information:

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(i) Standard Form 1449 with the BPA number.

(ii) Name of supplier.

(iii) Date of purchase.

(iv) Purchase or Contract number.

(v) Itemized list of supplies or services to be furnished.

(vi) Quantity.

(vii) Date of delivery and delivery point.

(viii) Funding and Accounting Information.

(ix) All purchase orders which may be issued under this Blanket Purchase Agreement will be subject to and include the terms and conditions contained herein.

6. CONTAINER AND PACKAGING REQUIREMENTS: USAID requires markings identified in https://www.usaid.gov/sites/default/files/documents/1869/USAID_GSM-02_04_2020.pdf, “USAID Graphic Standards Manual and Partner Co-Branding Guide”.

USAID may accept commercially branded products if specified in an individual BPA call. Purchase orders will specify whether USAID branding is required for cartons or individual sachets or both as well as whether the branding information must be printed directly on the packaging. Marking and branding arts must be approved in writing by USAID. Other packaging requirements must comply with Sections 6 and 7 of USAID RUFs Single Specification. Per the RUF Single Specification, packaging must include QR codes for traceability purposes.

[END OF SECTION 2]

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SECTION 3 –ORDERING

3.1 CALL ORDER PROCEDURES

PURCHASE ORDERS: The government may enter into an agreement with one or more firms. If more than one firm is selected for this BPA, the Contracting Officer will provide each firm a fair opportunity to be considered for individual purchase order in accordance with FAR 8.4.

Purchase Order Forecasting will be issued quarterly and will be based on signed and planned agreements with implementing partners. These forecasts will give suppliers a more concrete idea of USAID’s plans for the quarter; however, they are for planning purposes only and do not guarantee quantities or purchases.

Competition of each purchase order will occur among the BPA holders as established by the BPA ordering procedures in accordance with FAR Part 8.405-3(c). Factors such as (but not limited to) price, past performance on prior purchase orders issued outside and under this BPA (quality of deliverables/services/ timeliness, and cost control), and potential impact on other orders placed with the contractor (e.g. capacity issues) may be considered in determining award of individual purchase orders.

For orders below the simplified acquisition threshold USAID will not be required to follow the procedures but will likely follow the procedures below. At a minimum the Contracting Officer will provide a fair opportunity to be considered for each order IAW FAR 8.405.

(1) Provide an RFP to all BPA holders offering the required supplies under the multiple-award BPAs, to include a description of the supplies to be delivered or the services to be performed and the basis upon which the selection will be made (determination factor may include price, technical, and past performance);

(2) Afford all BPA holders responding to the RFP an opportunity to submit a quote; and

(3) Fairly consider all responses received and make award(s) in accordance with the selection procedures.

a. The CO will ensure that Fair opportunity is given throughout the life of the agreement. Call order shall be requested from all BPA holders.

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b. The Contractor selected for BPA call order is required to acknowledge receipt of the request via electronic address

c. BPA holders not interested in the call order shall send a no bid indication to the requesting Contracting Officer after receipt of the requirement. If the Government does not receive a response within this closing the Government will consider this to be a no bid response.

d. Call order bids must be submitted via the means specified in the BPA Call order.

e. Only services or supplies awarded under the BPA can be ordered by a Call order.

3.2 CALL ORDER PERIOD OF PERFORMANCE

CO will specify the period of performance of the call order at the time of award.

3.3 CALL ORDER ACCEPTANCE

a. Upon acceptance of the call order the Contractor must be ready, willing, and able to commence performance and complete assignment(s) within the designated performance period.

3.4 CALL ORDER DELIVERY REQUIREMENT

All shipments under the agreement, shall be accompanied by delivery tickets or sales slips that shall contain the following minimum information:

a. Name of supplier:

b. BPA number:

c. Call Order number

d. Date of purchase:

e. Call number:

f. Itemized list of supplies or services furnished:

g. Quantity, unit price, and extension of each item,

h. Date of delivery or shipment.

i. Delivery terms.

3.5 CALL ORDER DELIVERABLES

a. Deliverables will not be considered final until inspected and accepted by cognizant official (CO or

COR).

3.6 LATE DELIVERY

The contractor shall notify the Call Order COR and the Call Order CO as soon as it becomes apparent to the contractor that a scheduled delivery will be late. The contractor shall include in the notification the rationale for late delivery, the expected date for the delivery.The CO will review the notification and will

U.S Agency for International Development (USAID) Page 16 of 41 provide guidance to the contractor. Notification of late delivery can serve as grounds for the Government to terminate the call order and/or the BPA and in no way limits the Government right to remedies.

3.7 INVOICE REQUIREMENT

Invoicing for Call Orders shall be submitted in accordance with the BPA terms and conditions, Call Order clauses and requirements. Invoicing may commence upon acceptance of each or all deliverables by an authorized official

Invoicing shall include all supporting documents for the invoiced amount.

3.8 BRANDING AND MARKING REQUIREMENT

To comply with the requirement in ADS 320.1, that all USAID-funded foreign assistance must be branded through use of a “Branding Strategy” and marked through use of a “Marking Plan,” employees involved in program/project or activity implementation must ensure that implementing partners communicate that the assistance is from the American people.

AIDAR 752.7009 – MARKING (JAN 1993)

(a) It is USAID policy that USAID-financed commodities and shipping containers, and project construction sites and other project locations be suitably marked with the USAID emblem. Shipping containers are also to be marked with the last five digits of the USAID financing document number.

As a general rule, marking is not required for raw materials shipped in bulk (such as coal, grain, etc.), or for semi-finished products which are not packaged.

(b) Specific guidance on marking requirements should be obtained prior to procurement of commodities to be shipped, and as early as possible for project construction sites and other program locations. This guidance will be provided through the cognizant technical office indicated on the cover page of this contract, or by the Mission Director in the Cooperating Country to which commodities are being shipped, or in which the project site is located.

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

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

Branding Policy

The Contractor shall comply with the requirements of the policy directives and required procedures outlined in USAID ADS 320.3.2 “Branding and Marking in USAID Direct Contracting” at http://www.usaid.gov/policy/ads/300/320.pdf; and USAID "Graphic Standards Manual" available at www.usaid.gov/branding, or any successor branding policy.

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SECTION 4 – CONTRACT ADMINISTRATION DATA

4.1 CONTRACTING OFFICER

For the BPA:

Prince Boateng U.S. Agency for International Development Office of Acquisition and Assistance, Transportation Division 1300 Pennsylvania Ave, NW SA 44, Room 859 Washington, DC 20523 Email: pboateng@usaid.gov

For Call Orders:

[To be determined at the time of BPA establishment]] U.S. Agency for International Development Office of Acquisition and Assistance Attn: [insert Issuing Office Symbol and room number] [Insert complete street address] Email: [insert email address]

The Contracting Officer executing the individual BPA Call order and the Call order COR will retain cognizance of contract administration for Call order.

4.2 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

Contracting Officer’s Representative (CORs) may be appointed at the Call Order level by the ordering Contracting Officer. The COR is the individual within the technical office who has overall technical responsibility for efforts. The COR supports the CO during administration of the BPA and/or call order issued thereafter.

The designated COR is:

Pamela Cohen U.S. Agency for International Development Bureau for Humanitarian Assistance Attn: Office of Field and Response Operations, Supply Chain Management Division 555 12th St NW Suite 900 Washington, DC 20004 Email: pcohen@usaid.gov

4.3 CONTRACTOR’S PRIMARY POINT OF CONTACT

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The contractor’s primary points of contact are Pamela Cohen (pcohen@usaid.gov) and Prince Boateng (pboateng@usaid.gov). All communications with USAID shall go through these points of contact.

4.4 PAYING OFFICE

The contractor must submit invoices to the payment office as indicated below:

The BPA holder will submit one proper invoice, on a SF-1034 to USAID/W, Financial Management Office, copy the COR. Invoices can be submitted electronically.

Invoices for USAID Washington Office/Bureau must be submitted to the payment office at the following email address: EI@USAID.GOV to the Office of Financial Management (M/FM/CMP) and copy to the COR and CO. The Subject Line must include Contractor Name, Award#, Invoice#.

The Office of Financial Management Office will proceed to payment of each order upon receipt of the invoice approved by the COR and accompanied by a receiving report. Under no circumstances will any invoice exceed the dollar amount (ceiling price) for any funded order without prior Contracting Officer Approval. For more detailed information about invoices and payment, see the FAR clause 52.212-4, paragraph (g), “Invoice.”

4.5 INVOICES

a. Invoices shall include the following:

(i) Company name and address

(ii) Invoice date and number

(iii) Contract number, contract line item number, and the order number

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading

(vi) Terms of any discount for prompt payment offered

(vii) Name and address of official to whom payment is to be sent

(viii) Name, title, and phone number of person to notify in event of defective invoice

(ix) Certificate of Analysis shall be included with submission

(x) Invoice documents and submission email shall be identified with BPA Call number and metric tonnage

b. When billing procedures provide for an individual invoice for each delivery, these invoices shall be accumulated to the extent possible to minimize the administrative burden on USAID, provided that—

(i) A consolidated payment will be made for each specified period (shipment, line item, or

Purchase Order);

(ii) The period of any discounts will commence on the final date of the billing period or on the date of receipt of invoices for all deliveries accepted during the billing period, whichever is later;

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RFQ-SOL # 7200AA21R00093

mailto:pcohen@usaid.gov mailto:pboateng@usaid.gov mailto:EI@USAID.GOV

(iii) Total amount invoiced for deliveries under a Purchase Order shall equal the total amount for the Purchase Order. Within each Purchase Order, the total amount invoiced for each line item shall equal the amount for that line item in the Purchase Order.

4.6 ACCOUNTING AND APPROPRIATION DATA

[To be filled on issued Call Order]

Budget Fiscal:

Operating Unit:

Strategic Objective:

Team/Division:

Benefiting Geo Area:

Expanded Object Class Code (EOCC):

Amount Obligated:

4.7 CONTRACTOR’S PAYMENT ADDRESS

[To be filled on issued Call Order] [End of Section 4]

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SECTION 5- BPA REQUIREMENT

46.706 WARRANTY TERMS AND CONDITIONS.

5.1 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 contract. See http://acquisition.gov/far/index.html for electronic access to the full text of a FAR clause.

CONTRACT CLAUSES

A.I.D. Acquisition Regulation (48 CFR Chapter 7) Clauses

NUMBER TITLE DATE

752.202-1 Definitions JAN 1990 752.211-70 Language And Measurement JUN 1992 752.242-70 Periodic Progress Reports OCT 2007

752.7006 Notices APR 1984

752.7009 Marking JAN 1993

752.7025 Approvals APR 1984

FAR 52.252-2 Clauses Incorporated By Reference (Feb 1998)

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

https: //www.acquisition.gov/far/index.html

NUMBER TITLE DATE

52.203-3 Gratuities Apr 1984

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions Sep 2007

52.203-12 Limitation on Payments to Influence Certain Federal Transactions Oct 2010

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights Apr 2014

52.204-19 Incorporation by Reference of Representations and Certifications, in solicitations and contracts Dec 2014

52.212-4 Contract Terms and Conditions—Commercial Items Oct 2018 52.232-1 Payments Apr 1984 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. Aug 2011

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52.232-39 Unenforceability of Unauthorized Obligations Jun 2013 52.247-5 Familiarization with Conditions Apr 1984 52.247-21 Contractor Liability for Personal Injury and/or Property Damage Apr 1984 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels Feb 2006 52.249-2 Termination for Convenience of the Government (Fixed-Price) Apr 2012 52.249-8 Default (Fixed Price Supply and Service) Apr 1984

5.2 FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAY 2019)

1. (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:

a. (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)).

b. (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).

c. (3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

d. (4) 52.233-3, Protest After Award (Aug1996) (31 U.S.C. 3553).

e. (5) 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)).

2. (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_ X _ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

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

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub.

L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

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

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

_ X _ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct2015) (31 U.S.C. 6101 note).

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

__ (10) [Reserved].

__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.657a).

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

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

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

__ (13) [Reserved]

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

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

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

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

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

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4))

__ (ii) Alternate I (Jan 2017) of 52.219-9.

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

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

__ (v) Alternate IV (Aug 2018) of 52.219-9

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

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

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

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

__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul2013) (15 U.S.C. 632(a)(2)).

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

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

__ (25) 52.222-3, Convict Labor (June2003) (E.O.11755).

_ X _ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2018) (E.O.13126).

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

_ X _ (28) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

_ X _ (ii) Alternate I (Feb 1999) of 52.222-26.

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

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

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

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

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

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

_ X _ (33) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O.

13627).

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

__ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35) (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.)

__ (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.)

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