Sol_72061523R00012____Amendment 01.pdf

Request For Proposals (RFP) No: 72061523R00012 Issue Date: September 07, 2023 Questions Due Date: September 12, 2023, 12:00 pm Nairobi Time Amendment: 01 Amendment Issue Date: September 28, 2023 Proposals Submission Due Date: October 23, 2023, 9:00 am Nairobi Time

Subject: Amendment 01 to (RFP) Number: 72061523R00012 entitled “USAID Kenya Feed the Future Private Sector Activity”

Dear Prospective Offeror:

The United States Agency for International Development (USAID) Kenya and East Africa Mission seeks proposals from qualified offerors to provide services for a five-year contract entitled “USAID Kenya Feed the Future Private Sector Activity” as described further in this solicitation.

This Amendment #01 incorporates the responses to questions generated from the original solicitation posted on September 7, 2023. All revisions are hereby incorporated in the RFP and highlighted in yellow.

This procurement will be conducted under full and open competition, pursuant to Part 15 of the Federal Acquisition Regulation (FAR) (48 CFR Chapter 1). All types of organizations are eligible to compete;

USAID encourages the participation to the maximum extent possible of local Kenyan organizations, small business concerns, veteran owned small business, service-disabled veteran small business, HUB zone small business, small, disadvantaged business, and women-owned small business concerns and small business concerns in this activity as the prime contractor or as subcontractors. Subject to availability of funds, USAID plans to award a single contract to one successful offeror with an estimated cost of approximately $49 million, inclusive of fees, through a full and open competition. This will be a Cost- Plus-Award-Fee type contract.

The Government is in no way obligated to make an award with the estimated ceiling identified. Revealing the cost estimate for the contract does not mean that Offerors should strive to meet the maximum amount;

rather, Offerors should propose costs that are appropriate, realistic and reasonable, and in accordance with the proposed approach for achieving results. Cost proposals will be evaluated as part of a best value determination.

USAID/KEA will be using a voluntary down-select mechanism for this acquisition, which means the proposal evaluation process will take place in two phases. Please refer to Section L for instructions regarding proposal requirements including preparation and submission of required proposal content, critical dates/times for the submission of questions, and the proposal submission dates/times. Failure to comply with the submission deadline will deem submissions as unacceptable for review or evaluation.

Section M states the evaluation criteria by which proposals will be evaluated. Oral explanations or instructions given before award of the contract will not be binding. USAID requires that offers remain valid for a minimum of 180 days.

This RFP in no way obligates USAID to award one or multiple contracts nor does it commit USAID to pay any cost incurred in the preparation and submission of a proposal. Award of a Contract under this RFP is subject to availability of funds and other internal USAID approvals.

This RFP can be viewed and downloaded from www.sam.gov. USAID bears no responsibility for data errors resulting from transmission or conversion processes. Further, be aware that amendments to solicitations are occasionally issued and will be posted on the same website from which you downloaded the solicitation. USAID advises to regularly check the above website for amendments.

Any questions regarding the RFP’s requirements must be submitted only via e-mail to Ms. Wacu Kiragu at wkiragu@usaid.gov and Ms. Petrina Williams at pwilliams@usaid.gov with a mandatory copy to Mr.

Jonathan Chappell at jchappell@usaid.gov by no later than the date and time listed at the top of this letter.

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

Sincerely, Petrina Williams Contracting Officer USAID/Kenya and East Africa http://www.sam.gov/ mailto:wkiragu@usaid.gov mailto:pwilliams@usaid.gov mailto:jchappell@usaid.gov

720615

5. DATE ISSUED

09/06/202

SOLICITATION, OFFER AND

AWARD

2. CONTRACT NUMBER

PAGE OF PAGES

6. REQUISITION/PURCHASE NUMBER

REQ-615-23-000054

7. ISSUED BY CODE

American Embassy Nairobi USAID/Kenya United Nations Avenue, Gigiri P.O.Box 629 – 00621, Village Market Nairobi 00000

8. ADDRESS OFFER TO (If other than Item 7)

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

SOLICITATION

9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the depository located in until 0900 am local time (Hour)

10/12/2023 (Date)

CAUTION: LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION

CALL:

A. NAME

Wacu Kiragu

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

wkiragu@usaid.gov AREA CODE

NUMBER

20862249

EXT.

11. TABLE OF CONTENTS

X

S E C

DESCRIPTION PAGE(S) (

X

S E C

DESCRIPTION PAGE(S)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 3 X I CONTRACT CLAUSES 48

X B SUPPLIES OR SERVICES AND PRICES/COSTS 6 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

X C DESCRIPTION/SPECS./WORK STATEMENT 11 X J LIST OF ATTACHMENTS 55

X D PACKAGING AND MARKING 12 PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 15 X K REPRESENTATIONS,

CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

X F DELIVERIES OR PERFORMANCE 17

X G CONTRACT ADMINISTRATION DATA 31 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 69

X H SPECIAL CONTRACT REQUIREMENTS 35 X M EVALUATION FACTORS FOR AWARD 95

OFFER (Must be fully completed by offeror)

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

12. In compliance with the above, the undersigned agrees, if this offer is accepted within 0 calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

AWARD (To be completed by government)

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

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No 52 232 8)

10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS (%)

14. ACKNOWLEDGEMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the

SOLICITATION for offerors and related documents

AMENDMENT NO. DATE AMENDMENT NO. DATE

15A. NAME

ND

ADDRESS

OF

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

(Type or print)

15B. TELEPHONE NUMBER

NUMBER 15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AREA CODE EXT.

mailto:wkiragu@usaid.gov

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

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

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

24. ADMINISTERED BY (If other than Item 7)

CO

DE

25. PAYMENT WILL BE MADE BY

CO

DE

26. NAME OF CONTRACTING OFFICER (Type or print)

Petrina Williams

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice. AUTHORIZED FOR LOCAL REPRODUCTION Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

Sol # 72061523R00012 Amendment No. 01

Kenya Feed the Future Private Sector Activity

Table of Contents

PART I - THE SCHEDULE 6

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS 6

SECTION C - DESCRIPTION/SPECIFICATIONS/PERFORMANCE WORK STATEMENT 11

SECTION D - PACKAGING AND MARKING 12

SECTION E - INSPECTION AND ACCEPTANCE 15

SECTION F - DELIVERIES OR PERFORMANCE 17

SECTION G - CONTRACT ADMINISTRATION DATA 32

SECTION H - SPECIAL CONTRACT REQUIREMENTS 36

PART II - CONTRACT CLAUSES 52

SECTION I - CONTRACT CLAUSES 52

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS 59

SECTION J - LIST OF ATTACHMENTS INCLUDED AND REFERENCED BY LINK 59

PART IV - REPRESENTATIONS AND INSTRUCTIONS 60

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFERORS 60

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS 73

SECTION M - EVALUATION FACTORS FOR AWARD 99

ATTACHMENT J. 1: STATEMENT OF OBJECTIVES 104

ATTACHMENT J. 2: ILLUSTRATIVE BUDGET TEMPLATE 114

ATTACHMENT J.3: PAST PERFORMANCE INFORMATION (PPI) 115

ATTACHMENT J.4.: USAID FY 2023 SUBCONTRACTING PLAN TEMPLATE* 116

ATTACHMENT J.4./A. ATTACHMENT A FY-2023 SMALL BUSINESS PARTICIPATION PLAN

TEMPLATE* 117

ATTACHMENT J.5. INITIAL ENVIRONMENTAL EXAMINATION 118

ATTACHMENT J.6. USAID/KEA VAT GUIDANCE 119

Kenya Feed the Future Private Sector Activity

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1. PURPOSE

The purpose of this contract is to provide services that fall within the Scope of Objectives (SOO) specified in Section J for the USAID Kenya Feed the Future Private Sector Activity.

B.2. CONTRACT TYPE

This is a Cost-Plus-Award-Fee (CPAF)/Completion type contract for an estimated duration of five (5) years. For the consideration set forth below, the Contractor must provide the deliverables or outputs described in Section J and F, in accordance with performance standards specified in Section E, and comply with all contract requirements.

B.3. ESTIMATED COST, AWARD FEE AND OBLIGATED AMOUNT

(a) Total Estimated Amount:

The estimated cost for the performance of the work required hereunder, exclusive of Award Fee, is $[TBD].

i. The maximum award fee pool (base + award fee) is $______ TBD ________

ii. The total estimated cost-plus award fee, if any, is $_____ TBD ________

(b) Obligated Amount

Within the estimated Cost-Plus Award Fee amount specified in paragraph (a) above, the amount currently obligated and available for reimbursement of allowable costs incurred by the Contractor (and payment of Award-Fee, if any) for performance hereunder is $[TBD].

Funds obligated hereunder are anticipated to be sufficient through [TBD].

B.4. BUDGET

The Contract Line-Item Number (CLIN) budget is below:

Contract Line Item

Description Total

CLIN 001 Labor $[TBD]

CLIN 002 Travel $[TBD]

CLIN 003 Grants under Contracts (GUCs) $20 M

CLIN 004 Other Direct Costs $[TBD]

CLIN 005 Indirect Costs $[TBD]

CLIN 006 Base Fee $[TBD]

CLIN 007 Award Fee $[TBD]

Kenya Feed the Future Private Sector Activity

TOTAL ESTIMATED CONTRACT COST PLUS FEES: $[TBD]

B.5. INDIRECT COSTS

Pending establishment of revised provisional or final indirect cost rates, allowable indirect costs will be reimbursed on the basis of the following negotiated provisional or predetermined rates and the appropriate bases:

Description Rate Base Type Period

TBD TBD TBD TBD TBD

Base of Application: TBD Type of Rate: TBD Period: TBD Source: TBD

[To be determined]

Note: The Contractor is allowed to recover allowable and applicable indirect costs (i.e., overhead, G&A, etc.)

consistent with FAR Part 31 and its approved Negotiated Indirect Cost Rate Agreement (NICRA).

B.6. ADVANCE UNDERSTANDING ON CEILING INDIRECT COST RATES AND FINAL

REIMBURSEMENTS FOR INDIRECT COSTS

(a) Reimbursement for allowable indirect costs shall be at the lower of the negotiated final (or predetermined rates) or the following ceiling rates:

Description Rate Base Type Period

TBD TBD TBD TBD TBD

(b) Base of Application: TBD

Type of Rate: TBD Period: TBD Source: TBD [To be determined]

(c) The Government will not be obligated to pay any additional amount should the final indirect cost rates exceed the negotiated ceiling rates. If the final indirect cost rates are less than the negotiated ceiling rates, the negotiated rates will be reduced to conform to the lower rates.

(d) This understanding will not change any monetary ceiling, obligation, or specific cost allowance or disallowance. Any changes in classifying or allocating indirect costs require the prior written approval of the Contracting Officer.

B.7. COST REIMBURSABLE

The U.S. dollar costs allowable will be limited to reasonable, allocable and necessary costs determined in accordance with FAR 52.216-7, Allowable Cost and Payment (June 2013), “Limitation of Cost,” and FAR § 52.232-22, “Limitation of Funds,” if applicable, and AIDAR 752.7003, “Documentation for Payment.”

Kenya Feed the Future Private Sector Activity

B.8. PAYMENT OF AWARD FEE

The Contractor may earn and be paid all or a portion of an award fee for performance under this contract. The Government's purpose in granting an award fee is to encourage and reward superior contract performance.

The maximum award fee shall be made available to the Contractor in [to be determined] increments, as specified below:

Period of Performance

Period*

(Start/End date) Percentage of Award Fee Available

Amount of Award Fee Available

TBD TBD TBD TBD

TBD TBD TBD TBD

TBD TBD TBD TBD

TBD TBD TBD TBD

TBD TBD TBD TBD

TBD TBD TBD TBD

TBD TBD TBD TBD

TBD TBD TBD TBD

TBD TBD TBD TBD

TBD TBD TBD TBD

Maximum Award Fee Available

100%

TBD

*Period will be completed upon contract award.

The determination of the award fee, if any, earned by the Contractor shall be in accordance with the Award Fee Evaluation Plan. Payment of award fee, if any, shall be made on a schedule [to be determined]. Unearned award fee cannot rollover from one award fee increment to the next award fee increment.

Payment of any award fee earned by the Contractor shall not be subject to the withholding provisions of the clause of this contract entitled "Allowable Cost and Payment" (FAR 52.216-7) clause.

(1) Award Fee Adjectival Ratings

The contractor’s performance shall be assessed utilizing the adjectival rating and associated description as well as the award-fee pool earned percentages shown below. The method used to determine the adjectival rating is elaborated in the next section.

Award-Fee Adjectival

Rating

Award-Fee Pool Available To Be

Earned Description

Excellent 91%--100%

Contractor has exceeded almost all of the significant award-fee criteria and has met overall cost, schedule, and technical performance requirements of the contract in the aggregate as defined and measured against the criteria in the award-fee plan for the award-fee evaluation period.

Kenya Feed the Future Private Sector Activity

Very Good 76%--90%

Contractor has exceeded many of the significant award-fee criteria and has met overall cost, schedule, and technical performance requirements of the contract in the aggregate as defined and measured against the criteria in the award-fee plan for the award-fee evaluation period.

Good 51%--75%

Contractor has exceeded some of the significant award-fee criteria and has met overall cost, schedule, and technical performance requirements of the contract in the aggregate as defined and measured against the criteria in the award-fee plan for the award-fee evaluation period.

Satisfactory No Greater Than 50%.

Contractor has met overall cost, schedule, and technical performance requirements of the contract in the aggregate as defined and measured against the criteria in the award-fee plan for the award-fee evaluation period.

Unsatisfactory 0%

Contractor has failed to meet overall cost, schedule, and technical performance requirements of the contract in the aggregate as defined and measured against the criteria in the award-fee plan for the award-fee evaluation period.

(2) Award Fee Evaluation Procedures

The Contracting Officer will establish an Award Fee Board to assess the contractor’s performance on a basis [to be determined] in accordance with the procedures set forth below. The cognizant Contracting Officer is the Fee Determination Official. The payment of the Award Fee and the amount of the Award Fee, if any, will be determined on a basis [to be determined]. The Award Fee determination and the methodology for determining the Award Fee are unilateral decisions made solely at the discretion of the Government.

(i) Award Fee Board

The contractor’s performance will be evaluated on the basis [to be determined] by an Award Fee Board.

The Contracting Officer will designate the Award Fee Board (AFB) and appoint an AFB Chairperson.

The AFB will be composed of at least three individuals and will likely include as voting members:

[to be determined – TBD]

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

(ii) Award Fee Evaluation

The Contractor will submit, as part of its regular reporting, its self-assessment of progress (directly attributable to its activities implemented and the Award Fee Evaluation Plan). The contractor shall make a presentation within 30 days after submission of its report to the Award Fee Board.

Monitoring reports prepared by the COR, as well as written comments prepared by the COR on

Kenya Feed the Future Private Sector Activity performance and financial reporting and the self-assessment will also form part of the record for the award fee review.

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

(iii) Determination of Award Fee

On a basis [to be determined], the Fee Determination Official (FDO), the CO, will take into account the self-assessment of the contractor, any other pertinent technical or management reports, and the report of the Award Fee Board. The weighting of performance factors will be used to produce a percentage to be applied to the total amount of award fee available for the period. In this manner, the FDO will make his/her award fee determination.

The contractor is prohibited from earning any award fee when a contractor’s overall cost, schedule, and technical performance in the aggregate is below “Satisfactory.”

The carry-over of any unearned award fee from one year to another is prohibited.

[END OF SECTION B]

Kenya Feed the Future Private Sector Activity

SECTION C - DESCRIPTION/SPECIFICATIONS/PERFORMANCE WORK STATEMENT

[USAID will insert the contractor’s Performance Work Statement (PWS) at award; see Section J.1 for the Statement of Objectives that informs the development of Section C.]

[END OF SECTION C]

Kenya Feed the Future Private Sector Activity

SECTION D - PACKAGING AND MARKING

D.1. 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 project 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.

D.2. BRANDING POLICY

The Contractor will comply with the requirements of the policy directives and required procedures outlined in USAID Automated Directive System (ADS) 320.3.2 “Branding and Marking in USAID Direct Contracting” (version from 11/03/2020) at https://www.usaid.gov/sites/default/files/documents/320.pdf ;

and USAID "Graphic Standards Manual" available at www.usaid.gov/branding, or any successor branding policy.

As per 320.3.2 Branding and Marking in USAID Direct Contracts, USAID policy is to require exclusive branding and marking in USAID direct acquisitions. “Exclusive Branding” means that the program is positioned as USAIDs, as showcased by the program name (e.g., “The USAID/DOC Support Program”).

“Exclusive Marking” means Contractors may only mark USAID-funded programs, projects, activities, public communications, and commodities with the USAID Standard Graphic Identity and, where applicable, the host-country government or ministry symbol or another U.S. Government logo.

It is USAID’s policy that Contractors’ and Subcontractors’ corporate identities or logos must not be used on USAID-funded program materials.

D.3. BRANDING STRATEGY, IMPLEMENTATION PLAN AND MARKING PLAN

The Branding Strategy, Implementation and Marking plan must be submitted as an annex and as part of the Technical Proposal during Phase II of evaluation. Offerors must note that the plan is a separate item and will not be scored. However, the plan from the apparently successful Offeror will be reviewed and subject to approval prior to contract award. The plan will not be counted in the page limitation. The plan must specifically address the following:

(a) How to incorporate the message, “This assistance is from the American People,” in communications and materials directed to beneficiaries, or provide an explanation if this message is not appropriate or possible.

https://www.usaid.gov/sites/default/files/documents/320.pdf

Kenya Feed the Future Private Sector Activity

(b) How to publicize the program, project, or activity in the host-country and a description of the communications tools to be used. Such tools may include the following:

● Press releases

● Press conferences

● Media interviews

● Site visits

● Social media content

● Success stories

● Beneficiary testimonials

● Professional photographs

● Print and online Public Service Announcements

● Videos

● Webcasts, e-invitations, or other e-mails sent to group lists, or other Internet activities.

The Contractor must develop a Branding Implementation Plan (BIP) and Marking Plan (MP) for the contract to describe how program deliverables shall be branded. The BIP will implement USAID branding strategy for the Kenya FtF Private Sector Activity:

Activity Name: “Kenya FtF Private Sector Activity”

Branding: The branding will incorporate the message that the assistance is “From the American People through USAID.”

Visibility: USAID seeks a very high level of visibility through USAID‐branded public events, high‐level visits, and media coverage. The Contractor may propose activities to be exempted from this requirement and will be subject to the Contracting Officer’s Representative’s concurrence and Contracting Officer’s approval.

Positioning: Publicity materials and communications shall clearly reflect the notion that this activity is provided by the American People through USAID with close collaboration and support of the Government of Kenya. No other organizations will be acknowledged publicly in connection with the Kenya FtF Private Sector Activity.

Anticipated Elements of the Branding and Marking Plan: Deliverables to be marked include products, equipment and inputs delivered; places where activities are carried out; external public communications, studies, reports, publications and informative and promotional products; and workshops, conferences, fairs and any such events. Studies, reports, publications, Web sites, and all informational and promotional products not authored, reviewed, or edited by USAID must contain a provision substantially as follows:

“This study/report/Website (specify) is made possible by the support of the American People through the United States Agency for International Development (USAID.) The contents of this (specify) are the sole responsibility of (name of organization) and do not necessarily reflect the views of USAID or the United States Government.”

Approval Procedures: In carrying out the approved Branding and Marking Plans, the Contractor shall seek approval from the COR for all public and media documents, speeches, and event preparation forms at least three (3) weeks prior to the implementation date of the subject activity. Specific waivers of branding implementation and marking require Contracting Officer’s prior written approval.

The Marking Plan may include requests for exceptions to marking requirements for programmatic reasons, to be approved by the Contracting Officer. Waivers, as defined by ADS 320, may be necessary

Kenya Feed the Future Private Sector Activity for compelling political, safety or security concerns, or if the marking will have an adverse effect in the host country. Marking and attribution for physical structures may need to be visible as soon as work commences. Contract deliverables to be marked with the USAID identity must follow design guidance for color, type, and layout in the Graphic Standards Manual, available at www.usaid.gov/branding, and all successor branding policies (if any).

The Contractor must comply with the requirements of the policy directives and required procedures outlined in USAID Automated Directive System (ADS) 320.3.2 “Branding and Marking in USAID Direct Contracts” (effective date: 02/05/2020) at https://www.usaid.gov/sites/default/files/documents/320.pdf and USAID Graphic Standards Manual and Partner Co-Branding Guide, or any successor branding policy.

D.4. SOCIAL MEDIA AND ONLINE OUTREACH

Social media is often part of an integrated communications campaign. It should always be used to communicate directly with stakeholders or beneficiaries in host countries. It should never be used to promote a program or contractor. Social media channels may be approved as part of a project’s marking plan in consultation with the CO, COR, and DOC team. To avoid confusion with official USAID social media channels, the USAID logo should not be used as a profile picture. A photo reflective of the project should be used as a profile picture. A USAID-branded photo should be displayed as the banner photo, and acknowledgement of USAID support should appear in the “Profile” or “About” section. For more information, please refer to the USAID Graphic Standards Manual and Partner Co-Branding Guide.

D.5. FEED THE FUTURE TRADEMARKING AND BRANDING

Per ADS 320.3.4, a special determination signed by the USAID Administrator in December 2014 authorized the Feed the Future initiative to issue its own naming, marking and branding guidance for use by USAID and its implementing partners. It is the first (and currently only) Presidential Initiative to receive this exception.

Per this determination, USAID contracts, grants and cooperative agreements awarded on or after January 1, 2015, which are funded by the USG’s Feed the Future initiative must include the Feed the Future logo in addition to USAID’s identity on communication products. The Contractor is required to comply (and ensure compliance by partners) with USAID’s branding and marking requirements set forth in 2 CFR

700.16 with Feed the Future specific guidance located at feedthefuture.gov.

- END OF SECTION D -

https://www.usaid.gov/sites/default/files/documents/320.pdf

Kenya Feed the Future Private Sector Activity

SECTION E - INSPECTION AND ACCEPTANCE

E.1. NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract.

Full text of the FAR clauses is available at https://www.acquisition.gov/far/ and full text of the AIDAR clauses is available at http://www.usaid.gov/ads/policy/300/aidar -http://www.usaid.gov/ads/policy/300/300.

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

NUMBER TITLE DATE

52.246-5 Inspection of Services—Cost Reimbursement APR 1984

E.2. INSPECTION AND ACCEPTANCE

USAID inspection and acceptance of services, reports and other required performance objectives or outputs will take place at:

USAID/Kenya and East Africa c/o United States Embassy, Nairobi United Nations Avenue, Gigiri P.O. Box 629, Village Market 00621, Nairobi, Kenya

Or at any other location where the services are performed and reports and performance objectives or outputs are produced or submitted. The Contracting Officer’s Representative (COR) listed in Section G has been delegated authority to inspect and accept all services, reports and required performance objectives or outputs.

E.3. RESPONSIBLE OFFICIAL

In accordance with the clauses of this contract entitled “Inspection of Services – Cost Reimbursement” (FAR 52.246-5), inspection of results or other deliverables required by the contract will be made by the cognizant COR. Acceptance of goods/services and reports or other deliverables by the cognizant COR must form the basis for payments to the Contractor, and will form the basis of the Contractor’s permanent performance record with regard to this contract.

E.4. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

The progress, success and impact of the contractor’s performance under this contract will be monitored and evaluated as a part of the overall activity results. The QASP is a management process with the intent of encouraging maximum performance, efficiencies, and cost effectiveness by the contractor and can be modified at any time by the Government.

The QASP will be used as a Government monitoring process to enforce the inspection and acceptance clauses of the contract. The QASP may require modification and/or updates after selection for award to http://www.usaid.gov/ads/policy/300/aidar

Kenya Feed the Future Private Sector Activity reflect the contractor’s known strengths and weaknesses. The QASP is a “living” monitoring process that should be discussed, reviewed and updated regularly but no less than on an annual basis. It is based on the premise that the contractor, not the Government, is responsible for managing and ensuring that quality controls meet the terms of the contract.

The Government reserves the right to modify performance standards and/or metrics during the life of this contract, in order to ensure that the right outcomes are being assessed and that the performance standards are appropriate. It is the Contractor's responsibility to follow up with the COR to ensure the QASP monitoring process is implemented and updated.

Offerors will be expected to propose a variety of mechanisms to be utilized by the contractor and COR to monitor the progress /success of the activity and the contractor’s performance. A variety of mechanisms included but not limited to the following may be utilized by the contractor and COR to monitor the progress/success of the activity and the contractor’s performance:

a. Weekly contract mobilization meetings including minutes (minutes may address issues, actionable items, steps for address and solve any issues/actions as well as POCs for each issue/action item) during the first three months of contract implementation;

b. Monthly progress review meetings, including similar protocols as above, with the implementation teams;

c. Review and propose feedback and/or edits, if any, to the contractor’s scheduled reports (see Section F);

d. Feedback in the form of action memos, emails or other forms of communication agreed upon by the parties from GoK and collaborating partners utilized to inform and improve program performance;

e. Site visits as needed or directed by USAID personnel organized by the contractor;

f. Quarterly reviews of work plan with performance milestones and proposed feedback and/or edits, if any, to the contractor’s work plan and performance milestones incorporated/addressed;

g. Periodic impact evaluations as required by the contract and/or determined as necessary by the COR during contract administration; and

h. Review of Milestone Achievement Reports and proposed feedback and/or edits, if any, to the contractor’s work plan and performance milestones incorporated/addressed.

[END OF SECTION E]

Kenya Feed the Future Private Sector Activity

SECTION F - DELIVERIES OR PERFORMANCE

F.1. NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract with the same force and effect as if they were given in full text. Full text of the FAR clauses is available at https://www.acquisition.gov/far/ and full text of the AIDAR clauses is available at http://www.usaid.gov/ads/policy/300/aidar-http://www.usaid.gov/ads/policy/300/300.

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

NUMBER TITLE DATE

52.242-15 STOP-WORK ORDER AUG 1989

52.242-15 STOP-WORK ORDER ALTERNATE 1 APR 1984

F.2. PERIOD OF PERFORMANCE

[Note to Offerors: This language will be added to the award if it is based on the Modified Foreign Assistance waiver. If the apparently successful offeror does not require a waiver, this additional language will be deleted from the award document.]

The period of performance of this contract is five (5) years from the effective date of award and subject to the USG’s needs, the Contractor’s performance, availability of funds and the conditions set forth in Section H.25. (Prohibition On Contracting for Certain Covered Telecommunications And Video Surveillance Services or Equipment (Section 889) (JUNE 2023)).

F.3. PLACE OF PERFORMANCE

The place of performance of this contract will be principally in Kenya.

F.4. REPORTS, PLANS AND PERFORMANCE OBJECTIVES OR OUTPUTS

In addition to the requirements set forth for submission of reports in Section I and in the AIDAR clause 752.242-70, Periodic Progress Reports, the Contractor must submit required reports, performance objectives, deliverables or outputs via e-mail to the COR specified in Section G and a copy to the Contracting Officer. All reports must be written in English. Unless otherwise noted below, narrative reports must be submitted in Microsoft Word and PDF, and budgets in Excel. The Contractor must promptly notify the Contracting Officer and COR of any problems, delays, or adverse conditions which materially impair the Contractor's ability to meet the reporting requirements of the Contract. A description of the required reports is as follows, and due dates are noted in the table below:

The cover page of all deliverables must include USAID branding prominently displayed, the contract number, contractor name, the publication or issuance date of the document, document title, author name(s), and program title. Descriptive information is required whether contractor-furnished products are submitted in paper or electronic form. All materials must include the name, organization, address, and telephone number of the person submitting the materials. A description of the required reports is as follows, and due dates are noted below:

https://www.acquisition.gov/far/ http://www.usaid.gov/ads/policy/300/aidar-http:/www.usaid.gov/ads/policy/300/300 http://www.usaid.gov/ads/policy/300/aidar-http:/www.usaid.gov/ads/policy/300/300

Kenya Feed the Future Private Sector Activity

F.4.1 Annual Work Plans (AWP) An annual work plan will be developed which provides target dates for the initiation and completion of all tasks to be accomplished during the upcoming year. The work plans are key documents for contract performance. The scope and format of the annual work plans will be agreed to between the COR and the contractor. During contract performance, the work plans will be updated, as required, subject to COR approval. Contracting Officer’s approval of work plan updates will be required if the proposed changes impact on the use of available contract funds. It is anticipated that USAID Mission staff will review the work plan updates in order to provide comments thereon and to recommend changes, if any. Such comments and changes, however, if accepted by the contractor, will not constitute a change from the terms of the contract. Work plans must describe the activities and interventions required to meet the contract results, including:

● Proposed activities for the given year;

● Corresponding time frame for implementation of annual activities;

● Detailed budget for implementation;

● Information on how activities will be implemented in a collaborative and coordinated manner with other USAID Programs implementing similar activities, if any;

● Proposed annual accomplishments and progress towards achieving results;

● A Gantt chart.

Due date: The first work plan must be submitted within 45 days after signing of the contract and must cover the period from that date to September 30. In subsequent years, annual work plans must be submitted by September 1, covering the period from October 1 to September 30. Work plans must be finalized within 10 working days after receiving USAID’s comments.

As part of its initial work plans, and all annual work plans thereafter, the contractor in collaboration with the COR and the Mission Environmental Officer or Bureau Environmental Officer, as appropriate, will review all planned and ongoing activities under this contract to determine if they are within the scope of the approved Regulation 216 environmental documentation. If the contractor plans any new activities outside the scope of the approved Regulation 216 environmental documentation, it shall prepare an amendment to the documentation for USAID review and approval. No such new activities will be undertaken prior to receiving written USAID approval of environmental documentation amendments.

F.4.2 Activity Monitoring, Evaluation and Learning Plan (AMELP) The Contractor must submit for USAID’s approval an AMELP for the life of the project. The AMELP will be the principal reference in monitoring and evaluating the Contractor’s performance and in assessing the achievement of objectives, results and deliverables. At the minimum, the AMELP must include the following elements:

a. List of key Activity objectives, expected results and project outputs (outputs are services delivered or items produced) as well as brief descriptions of the linkages between the project outputs and its expected results. Indicator results must be disaggregated by sector (ag, health, etc.) in order to track performance back to the funding sources provided.

b. Definition and detailed descriptions of the performance indicators to be tracked including unit of measure; data source; justification/management utility; baseline values; annual targets;

annual actual data; frequency and schedule for data collection; individual responsibility for data collection; and detailed plans for data analysis, review and reporting. The AMELP should include both USAID Standard Foreign Assistance indicators as well as customized indicators developed specifically for the Activity. The AMELP must include at a minimum FTF standard

Kenya Feed the Future Private Sector Activity indicators. The Contractor should propose additional custom performance indicators used to measure progress made towards achieving the overarching objective and the performance objectives. In addition to standard and custom indicators, the Contractor should collect and measure data necessary to put indicators in context and communicate the impact of the work.

Reporting on required indicators alone does not communicate impact.

c. Change should be measured against a stated baseline or baseline data gathered at the start of the

Activity. The Activity MEL Plan will follow the standard USAID format, including data sources, disaggregation, collection methodologies, and data quality assessments for each indicator. When proposing changes to the MEL Plan, the Contractor will maintain continuity to the greatest extent possible in order to allow for comparisons over time. At the time a policy reform, area, or intervention is proposed for work, the Contractor will determine how it fits within the Activity MEL Plan and which indicators it will meet.

d. The approach to ensure continuous learning and adaptation under the project, including specific learning objectives/questions to be addressed.

e. AMELP data must meet reasonable quality criteria of validity, reliability, timeliness, precision and integrity, and be disaggregated by gender as appropriate and feasible.

f. All indicator baseline data must be collected and reported to the COR during the first quarter from the date of award. The Contractor must set the baseline data, and the quarterly/annual /life of project target for every indicator.

g. Integration of learning that systematically generates and shares knowledge about how best to achieve development outcomes.

h. Automated and other methods that will be used to gather, store, process, summarize, analyze, and/or report performance data.

i. An illustrative schedule for discrete monitoring, evaluation, and learning activities tied to the overall Activity work plan.

j. Descriptions of the methods/tools/techniques to be used for monitoring.

k. Organization-wide policies and procedures for monitoring and their relation to the particular AMELP; and

l. Organizational staffing/expertise, roles, and responsibilities and how these are to be used in the particular AMELP, including the role of subcontractors.

m. Procedures for regular communication with USAID regarding the status of monitoring activities, including early notification of problems.

n. Means of addressing a discovered lack of progress or success. Procedures should focus on learning from mistakes, analyzing them, and ascertaining the reasons for missteps.

o. Proposed plan for mid-term and final evaluation.

Due date: The Contractor will submit the draft AMELP no later than 60 days following Contract award. The AMELP must be finalized within 10 working days after receiving USAID’s comments.

Kenya Feed the Future Private Sector Activity

USAID reserves the right to request a revised AMELP should there be any significant changes in project focus or the Mission’s Development Objectives.

F.4.3 Quality Assurance Surveillance Plan (QASP) A Quality Assurance Surveillance Plan (QASP), as described in FAR Subpart 46.4, specifies the work requiring surveillance and describes the methods for monitoring performance to determine whether the contractor is meeting the performance standards identified in the contract. The QASP must outline what actions USAID will take to conduct quality assurance; it will indicate what aspects of the PWS should be monitored, how those aspects should be monitored, and how often monitoring should occur by USAID to ensure quality standards are met. Due date: A QASP will be proposed by the Offeror pre-award and approved by USAID and incorporated into the contract within 60 days after award.

F.4.4 Quarterly Performance Reports (QPRs) Quarterly Reports include a summary of work conducted by the Contractor for the period which reports on progress against the work plan, identifies problems, recommends remedial actions, and outlines activities and significant events for the next reporting period. It must include the results and impacts for the reporting period in keeping with the AMELP, and cumulative results for all indicators. The report will include specific sections and results for each funding source under the contract. The report must also include a list of all studies, evaluations, and other reports completed during the reporting period and cumulative to date. The final quarterly report may be replaced by the Final Report. The specific form and content will be agreed upon at the work planning stage, but will at least include the following:

● An Executive Summary.

● A summary and assessment of project activities and accomplishments during the quarter.

● A summary of problems, issues, and means of addressing/correcting them. For each corrective action proposed, the Contractor shall designate responsible parties and establish a timeframe for completion of the action.

● A detailed work plan for the following quarter.

● A comparison of planned vs. actual activities based on the work plan from the previous quarter

(with explanations for any changes).

● A chart showing progress against indicators and/or milestones reflecting the PMP.

Reports which indicate that expenditures are less or more than anticipated will be supported with a rationale detailing the probable cause(s). Reports which indicate that expenditures are more than anticipated must also include a plan for ensuring that the performance of the result will be met within the estimated grant budget for that result. This section does not obviate requirements elsewhere in the Contract for notifying USAID regarding obligation balances and potential Contract overruns. Due date: The Contractor will submit Quarterly Reports no later than two weeks following the end of each U.S. fiscal year quarter. Quarterly periods are from October 1 – December 31; January 1- March 31; April 1 –June 30; and July 1 – September 30. Thus, quarterly reports are due on: January 15, April 15, July 15 and October 15 respectively. Note: Fourth quarter report (July-September) will serve as an annual report.

F.4.5 Annual Reports The final Quarterly Progress Report for the year shall constitute the Annual Progress Report. In addition to the requirements specified above for Quarterly Progress Reports, it must include a comprehensive narrative report summarizing the previous year’s activities and accomplishments against the respective annual work plan indicators. It will draw on the PMP and provide a clear presentation of progress over the course of the year and analysis of successes and challenges. This

Kenya Feed the Future Private Sector Activity report will serve as a tool by which USAID/KEA monitors the performance of the Contractor. Final details on the format of this report shall be developed in consultation with USAID upon award of the contract. Due date: The Contractor will submit Annual Reports no later than two weeks following the end of the U.S. fiscal year (October 15).

F.4.6 Periodic Progress Reports:

(1) Contract Financial Report: On a monthly basis, the Contractor must submit a contract financial report and invoice detailing expenditures by budget line item. The report must be submitted within two weeks after the end of the reporting period to the COR and Contracting Officer. Specifically, the report must contain at a minimum the following information:

● Total funds committed to date by USAID into the Award.

● Total funds expended by the Contractor to date, including a breakdown to the budget categories provided in the Contractor’s cost proposal, with additional detail to be provided upon request by the COR.

● Pipeline (committed funds minus expended funds).

● Funds and time remaining in the Award.

● Breakdown of expenditures by type of funding and source of funding

(2) Accrual Reports: The Contractor must submit an estimated accrual report quarterly including but not limited to the following information: (1) Total amount obligated, (2) Total amount invoiced, (3) Total amount expended but not yet invoiced, (4) Remaining unexpended funds. This will be disaggregated by funding source.

(3) Travel & Training Reporting: The contractor must provide the following information related to international travel and training:

● Scopes of work for each technical assistance visit to the COR for approval;

● The Contractor must also submit international trip reports and copies of deliverables such as technical and management assessments or curricula and training materials within a month of completion; and,

● Training and travel plans in a format and frequency specified by the COR.

(4) Ad Hoc Reports: USAID may require the Contractor to provide additional information or reports that are within the scope of the Contract, including responses to inquiries from USAID, on an ad-hoc basis. Such reports may include: trip/consultant reports; special technical analysis reports; anecdotal human interest stories based on field visits;

seminar/conference reports; special assessments/studies, or evaluations.

(5) Annual Inventory Report: The Contractor will submit an annual inventory report on all on‐ expendable property under its custody as required in AIDAR 752.245-71 clause contained in the Contract. An updated annual inventory report will be submitted together with the Contract’s annual performance report for subsequent years.

(6) Reporting on Foreign Taxes: The report must be submitted per guidance in Section H.21 of this RFP.

(7) Subcontract Reporting: The Contractor must submit its report via the electronic Subcontracting Reporting System (eSRS) in accordance with the instructions on the website: http://www.esrs.gov. The work of the small businesses identified in the Subcontracting Plan must be tracked against the Prime’s proposed goals. When failing to

Kenya Feed the Future Private Sector Activity meet the goals of the small business subcontracting plan as stated in Section H.23 of the Contract, the Contractor must state in the report (either remarks field or separate letter) what good faith effort has been made to meet the goals; and/or future plan on how to improve small business opportunities. The Contractor must promptly notify the Contracting Officer and COR of any problems, delays, or adverse conditions which materially impair the Contractor's ability to meet subcontracting requirements of the Contract.

F.4.7 Close‐out Plan and Disposition of Assets Plan The contractor will develop and submit to the COR & CO for approval a closeout…