SOL no. 72036721Q00001-Nepal Maternal Mortality Study 2021-Feb-02-2021.pdf

Solicitation Number: 72036721Q00001

Subject: Nepal Maternal Mortality Study (NMMS) 2021

Closing Date: March 3, 2021, 4:30 PM, USAID/Nepal is seeking proposals from firms/organizations interested in providing the services as described in this solicitation. The firm/organization may be of national or local level Nepali forms/organizations and must not have received more than $5 million from USAID in the past five years as a prime awardee in order to be an eligible service provider.

The primary objective of the Nepal Maternal Mortality Study (NMMS) 2021 is to identify programmatically useful information to inform investment and interventions directed towards improvement of maternal health in

Nepal. The specific objectives include:

▪ To increase the evidence base available on maternal mortality in Nepal and generate estimates of current levels of maternal mortality at national and sub national levels, for the first time in Nepal.

▪ To gain a better understanding of why women are dying during pregnancy, childbirth, and the postpartum period, and the social and clinical determinants.

▪ To provide information to policy makers and Program Managers at the national and sub national levels to identify and plan targeted interventions to reduce maternal mortality and morbidity.

USAID intends to evaluate proposals and award a contract without discussions with offerors. Therefore, the offeror’s proposal should contain the best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.

Only the apparently successful offeror will be notified to assign a Purchase Order (PO) for the deliverables as described in the Statement of Work. If awarded, the firm will be required to complete and deliver the specified tasks and/or products(s) within the final negotiated cost and dates. The total estimated price of this program is not to exceed $225,000.

If you are interested, please provide USAID/Nepal Executive Office with your technical and cost proposal at your earliest opportunity, but no later than March 3, 2021 via email address kathmanduSAP@usaid.gov.

This solicitation in no way obligates USAID/Nepal to award you a PO/Contract nor does it commits

USAID/Nepal to pay any cost incurred in the preparation and submission of the proposal. Do not incur any expense or begin work until notified that a contract has been awarded to you, in writing, by the Contracting

Officer. Please refer any questions you may have regarding this announcement to USAID/Nepal Executive

Office, via email at kathmanduSAP@usaid.gov no later than COB February 23,2021.

Sincerely

Fredrick Onyango

Contracting Officer

Fredrick Onyango

Digitally signed by Fredrick Onyango Date: 2021.02.13 08:20:56 +05'45'

TITLE: NEPAL MATERNAL MORTALITY STUDY (NMMS) 2021

PURPOSE/OBJECTIVE: To obtain services from a local contractor to manage district level training events in each of the 77 districts that will implement the Nepal Maternal Mortality Study 2021 that the Government of Nepal

(GON)’s Ministry of Health and Population (MOHP) is planning. The Nepal Maternal Mortality Study (NMMS)

2021 will be implemented following the Nepal Population and Housing Census 2021 that will be implemented by the Central Bureau of Statistics (CBS) of Nepal. The contractor must manage the training events in all 77 districts.

The training participants will be the selected health workers working at the local levels who will be mobilized to collect data for the NMMS. These training events are one of the crucial steps of the overall NMMS 2021, therefore, the contractor must provide high quality services as required in the “Section 2 Technical Assistance Required from the Offeror”.

STATEMENT OF WORK

1. INTRODUCTION

Reducing maternal mortality is one of the priority targets of the Sustainable Development Goals (SDGs) 2030. The global SDG target is to reduce the maternal mortality ratio (MMR) to below 70 maternal deaths per 100,000 live births by 2030. The Government of Nepal (GON) is committed to attaining MMR target, but is facing challenges as Nepal’s most recent Nepal Demographic and Health Survey (NDHS) 2016 reports MMR to be 239 deaths per

100,000 live births, a decline from 281 reported in NDHS 2006, but still far from the target. Meeting the SDG MMR target requires accelerated and high impact interventions informed by high quality evidence to improve access to equitable and quality maternal health services. Identification of the causes of maternal deaths is extremely important for helping policy makers and program managers to allocate funding and to design and implement tailored interventions that will increase access to and utilization of quality maternal health services and address the causes of maternal mortality. The GON’s Nepal Housing and Population Census 2021, hereafter referred as “Census,” is an important source of national level MMR data but needs a strong methodology to validate the reported maternal deaths. Other data sources available in Nepal that provide estimates of MMR are i) the Nepal Demography and

Health Survey (NDHS), ii) Maternal Mortality and Morbidity Studies (MMMS), iii) UN estimates and iv) the routine Maternal and Perinatal Death Surveillance and Response (MPDSR) system. Each of these data sources has a different approach/methods to measure MMR and has its own strengths and limitations.

The Census 2021 managed by the Central Bureau of Statistics (CBS) is collecting information on maternal deaths for the second time in Nepal. Lessons learned from estimating MMR using the data collected in Census 2011 clearly indicated that maternal death data reported in the Census need to be validated using strong methods/tools. Therefore, the MOHP has a Memorandum of Understanding with the CBS to carry out a verbal autopsy of all the maternal/pregnancy related deaths reported in the Census 2021. The United States Agency for International

Development (USAID), the British Embassy Kathmandu, United Nations Population Fund (UNFPA) and GIZ are supporting the MOHP to design and implement the verbal autopsy in conjunction with the Census 2021. A core group at the MOHP, with inputs from donors and partners, has identified all the activities needed for completion of the verbal autopsy, and these activities have been divided among the above donors/partners for financial and/or technical assistance. USAID/Nepal is supporting the district level training for the verbal autopsy activity.

Preventing maternal deaths is one of the most important priorities of USAID/Nepal and supports the Intermediate

Results 3.1: Healthy and Well-Nourished Population of the Development Objective 3 of the new Country

Development Cooperation Strategy (CDCS) 2021-2025. USAID/Nepal has been providing technical and financial assistance to Nepal’s MOHP to implement interventions to improve health outcomes for pregnant women and mothers through its bilateral, Government-to-Government and field support activities. By supporting district level training for the individuals who will carry out the verbal autopsy across 77 districts, USAID/Nepal will provide an important contribution to the nationally representative NMMS 2021. The findings of the study will be useful to the

MOHP, USAID and other donors/partners in making funding decisions and in identifying the high impact interventions to improve maternal health in Nepal. The verbal autopsy of the reported maternal deaths in the Census

2021 will help obtain a precise MMR for Nepal.

Objective of the NMMS 2021: The primary objective of the NMMS 2021 is to identify programmatically useful information to inform investment and interventions directed towards improvement of maternal health in Nepal. The specific objectives include:

▪ To increase the evidence base available on maternal mortality in Nepal and generate estimates of current levels of maternal mortality at national and sub national levels, for the first time in Nepal.

▪ To gain a better understanding of why women are dying during pregnancy, childbirth, and the postpartum period, and the social and clinical determinants.

▪ To provide information to policy makers and program managers at the national and sub national levels to identify and plan targeted interventions to reduce maternal mortality and morbidity.

Proposed Methodology: This study will include verbal autopsy of all the pregnancy related/maternal deaths identified by the Census 2021. A verbal autopsy questionnaire will be administered for all the pregnancy related deaths reported by the Census 2021. The Census 2021 is scheduled to take place from June 8 to June 22, 2021 and will report the deaths of women aged 15 to 49 years and the pregnancy stage of the deceased (pregnancy, delivery or post-partum period – including the post abortion/miscarriage) that took place in the last 12 months preceding the

Census 2021. The Census 2021 enumerator, who will be recruited by the CBS, will notify a death to his/her immediate supervisor, who will in turn inform the focal person at the concerned local level trained on completing the VA form. The trained focal person at the local level will then visit the household of the deceased woman and administer the VA form. The focal person will collect the completed VA forms for his/her catchment area and send these forms to the concerned District Health Offices. A dedicated team at the District will review the completed VA forms and enter the information in a web portal. For the deaths occurring at a facility/hospital, a hospital maternal death (MDR) review form will also be completed by the hospital where the death had occurred, and the data will be entered into the web portal. The obstetricians and gynecologists will review the completed VA and MDR forms and assign the cause of death following the International Classification of Disease (ICD) 10 coding. All the VA forms will be reviewed by two experts and the forms for which each reviewer assigns a different cause of death will be reviewed by a third expert for a ‘third and the final opinion’ of the cause of death. Ethical approval will be obtained from the Ethical Review Board of Nepal Health Research Council (NHRC).

Organization of the Study: The NMMS 2021 will be designed and implemented under the aegis of the Ministry of Health and Population with support from NHRC, USAID, the British Embassy Kathmandu, UNFPA and GIZ.

The Population Management Division (PMD) of the MOHP will provide overall leadership of this study. The

MOHP will coordinate with the CBS and the funding agencies. A Steering Committee comprising the PMD, Policy

Planning and Monitoring Division (PPMD), Family Welfare Division (FWD), CBS, and donors/partners has been established at the MOHP to provide oversight of this study. Similarly, a Technical Committee has also been established at MOHP represented by PMD, PPMD, FWD, and the funding agencies to decide all technical matters concerning the study.

2. TECHNICAL ASSISTANCE NEEDED FROM THE OFFEROR:

USAID/Nepal is supporting the NMMS study by funding and managing the district level training in all 77 districts.

The training participants will be health workers working at the local level who are already aware of the Maternal

Mortality Surveillance System. The two-day training will be provided to these participants using a standard training package developed by the MOHP. Trainers/Facilitators will be provided by the MOHP or by other donors/ agencies.

The training package will also include a Training Event Evaluation Sheet which the Contractor will execute.

USAID/Nepal seeks the offeror’s technical assistance to execute the following activities in close coordination with the NMMS Technical and Steering Committees and the MOHP and its institutions:

1. Coordinate and schedule the training events in all 77 districts.

2. Prepare the list of training participants for each of the 77 districts in coordination with MOHP.

3. Develop a Training Attendance Sheet

4. Identify and manage training venues for each district in coordination with MOHP.

5. Organize training events in 77 districts and ensure high quality of the training.

6. Develop a COVID Risk Mitigation Plan, which must be approved by USAID, and ensure adherence to

COVID precautions in all 77 trainings. USAID will provide a template for this plan.

7. Develop a tracking system, including who participates from which local level, for all the trained health workers.

8. Evaluate the training events.

9. Prepare a training completion report.

Preliminary information available for proposal development:

● Number of training participants: tentatively 930, including 1-4 participants from each local level (753). The table below shows the number of participants from each Local Level

Table 1: Tentative number of training participants by Provinces

Local Level No. Participants Total participants

Metropolitan city (Mahanagar palika) 6 4 24

Sub-Metropolitan City (Upamahanagar palika) 11 3 33

Municipality (Nagarpalika with >=50,000 populations) (276) 125 2 250

Municipality (Nagarpalika having <50,000 populations) (276) 151 1 151

Rural Municipality (Gaupalika) 460 1 460

Total 753

(rounded to 930)

● Number of actual training days: 2

● Number of travel days for each training participant: 2-3 days each way, but depends upon the training venue and remoteness of the districts.

The training in all 77 districts is tentatively scheduled to be accomplished between May 15, 2021 to May 31, 2021 (Jestha 01 – 17, 2078). The final report and all deliverables must be submitted within two weeks of accomplishment of the training.

3. DELIVERABLES

1. Weekly updates, not exceeding two pages in writing.

2. COVID Risk Mitigation Plan

3. Detailed Training Schedule developed in coordination with the NMMS 2021 Technical Committee.

4. Final Training Execution Plan with i) Training Quality Assurance Plan, ii) Training Attendance Form, iii)

Training Evaluation Form.

5. Training completions report along with the list of all individuals trained, disaggregated by male/female and the evaluation report.

4. PERFORMANCE PERIOD AND WORK SCHEDULE

The USAID/Nepal will identify a Point of Contact (POC) for this activity. The Contractor must submit all deliverables to the POC. All communications must be coordinated through the USAID POC.

The Contractor must facilitate and conduct thorough team planning meetings estimated at two days, within the first week of the award. The team planning meetings should clarify team members’ roles and responsibilities, coordination with MOHP, working styles, logistics, administration and dispute resolution, and the development of the detailed work plan. The Contractor must, immediately on award of the Purchase Order, meet the MOHP and the

NMMS 2021 Technical Committees and brief them on its scope of work. USAID/ Nepal’s Health Office POC will participate in the above activities.

The training and the support activities are expected to be completed within eight weeks of the signing of the contract.

The suggested allocation of effort is noted below:

Table 2: List of key activities (Tentative)

Time Key Activities

First Week

April 15-22

● Office set up. Team planning meeting.

● Meeting with MOHP and the Technical/Steering Committee

Second Week

April 23-30

● Detailed Training Schedule/Planning of Training

● COVID-19 Risk Mitigation Plan

Third week

May 01-May 08

● Training Execution Plan/Planning of training

Fourth week

May 09-16

● Field mobilization, logistics,

● Training

Fifth Week

May 17-24

● Training

Sixth week

May 25-June 01

● Training

Seventh Week

June 01- June 08

● Reporting

Eighth Week

June 09-15

● Submission of all deliverables

The effective date of this Purchase Order is the approval date of the USAID Executive Office. The period of performance includes some flexibility for unforeseen circumstances such as COVID-19 related restrictions, weather and strikes. It also includes non-working days.

5. LOGISTICS

The Offeror is responsible for arranging all of the logistics including, but not limited to communications, stationery/document management and reproduction, computer, administrative/secretarial work, meeting/interview schedules, training refreshment costs, per diem, accommodation, COVID-related supplies, and local travel.

Anything budgeted to accomplish this work is reflected in the total cost of the Purchase Order. The offeror must use the USAID/Nepal policy on Salary Supplement and Allowances for Host Government Employees which provides the following rates:

Additional Notes for the Offerors:

● 80-90% of the training participants will be GON Third Level Employees (Table above). The remaining training participants will be GON Second Level Employees.

● The travel and accommodation expenses must be reimbursed as per the actual rates/expenses.

● USAID will not provide training/facilitation fees for GON Trainers/Facilitators.

6. CONTRACTOR REGISTRATION

All prospective U.S. Government contractors are required to obtain a DUNS number and to complete the System for Award Management (SAM) registration before a contract may be awarded. To learn more and to begin the registration process, please visit the following websites:

DUNS number: http://fedgov.dnb.com/webform

SAM registration: http://www beta.sam.gov

Proposals may be submitted under this Request for Quotation (RFQ) without a DUNS number or SAM registration.

However, the successful awardee will be required to obtain both of them and submit evidence of registration to

USAID before an award is made. The registration process may take many weeks to complete. Therefore, Offerors are encouraged to obtain them early so that, if selected, the award will not be delayed.

As authorized under Section 7077 of Public Law 112-74, the Consolidated Appropriations Act, 2012 (P.L. 112-74), “Local Competition Authority,” USAID/Nepal limits this competition to local entities.

Local entity means an individual, a corporation, a nonprofit organization, or another body of persons that:

1) Is legally organized under the laws of Nepal.

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

3) Either is:

a. Majority owned by individuals who are citizens or lawful permanent residents of Nepal; or

b. Managed by a governing body the majority of whom are citizens or lawful permanent residents of Nepal.

"Majority owned" and "managed by" include, without limitation, beneficiary interests and the power, either directly or indirectly, whether exercised or exerciser, to control the election, appointment, or tenure of the organization's managers or a majority of the organization's governing body by any means.

Additionally, at least 50 percent of the cost of contract performance incurred for personnel must be expended for employees of the prime/local entity.

By submission of an offer and execution of a contract, applicants represent that they are local entities and agree to the limitation on subcontracting above. Applications from entities who do not meet this definition will not be included in the competition.

7. TECHNICAL PROPOSAL SUBMISSION INSTRUCTIONS

Proposals must be in MS Word and the length must not exceed 5 pages, with additional pages for annexes, curriculum vitae of key personnel, organization profile, etc..

1) The Technical Proposal must include the following:

● Background and Objective of the Training Activity

● Detailed Draft Training Schedule for 77 districts

● Training Execution Plan (logistics, facilitators, etc.)

● Training Quality Assurance Plan

● Annex: Draft Training Attendance Form

● Annex: Draft Training Evaluation Form

● CVs of Team Leader and the Coordinators along with contact details of 2 references for each

● Institutional profile not exceeding 2 pages max

● A list with number of computers, laptops, printers, photocopier available with the organization

The Contractor will be selected through a competitive solicitation process. The team must consist of a local firm or a group of local consultants, including one Team Leader as a point of contact to communicate with USAID.

Combined, the team members must meet the following criteria:

● Strong leadership and teamwork skills

● Ability to work with persons of diverse professional and social backgrounds with varying opinions

● Strong written and verbal communication skills in English and Nepali

● Demonstrated strong technical and analytical skills focusing on GON’s health systems and training events management.

● Ability to travel and work for short durations in challenging environments

Note: The Technical Proposal must not include any element of the offeror’s budget/costs.

Team Leader (1)

The Team Leader must be a local senior level professional with at least ten years of experience, preferably including similar assignments. The Team Leader must have a Master’s degree in Public Health, medicine, public administration, health sciences, pharmacy or equivalent. S/he must have demonstrate competency supervising other local experts and producing high quality reports. Particular expertise and experience should include:

- Strong training planning, implementation, and evaluation skills

- Prior experience as the team leader for similar assignment

- Strong team management and supervisory skills

- Demonstrated strong technical English writing skills

- Experience working with a range of GON officials, donors, local NGOs, academia

S/he will need to manage a team of 7 coordinators, logistics/admin/finance and other relevant team members and should be able to travel to districts to monitor the training events as needed. S/he will be responsible for quality submission of all the deliverables.

Training Coordinators (7)

Each of the Training Coordinators must have at least a Master’s degree in nursing, public health or a general health background with at least three years of experience, preferably including similar assignments or a Bachelor’s degree in public health, nursing or a relevant field with at least five years of relevant experience. They will be based in a

Province or District. They must work under the supervision of the Team Leader and will be responsible for supporting the Team Leader in planning, implementation, and evaluation of the training events. Specifically, they must coordinate training in all 77 districts, track all the trainees, manage logistics, make payments to the trainees, and produce training event completion reports by district. They must have strong coordination and communication skills to work closely with MOHP institutions at the Province, District and lower levels.

Admin/Finance/Logistics Support Person (1)

This person will support the Team Leader and the Coordinators in day-to-day administrative/logistics activities and make field visits as needed. S/he should have at least a Bachelor's degree in a relevant field.

In addition to the above persons, the offeror must also recruit local support staff in the training venues to provide day-to-day support to the training activity.

USAID anticipates the start of this assignment by April 15 (Baisakh 02, 2078) and completion by June 15, 2021

(Ashad 1, 2078). Any changes in this timeline due to the changes in the Census 2021 activities will result in an amendment of the contract.

The Offerors must submit the quotation Electronically – internet email with attachments compatible with Microsoft

Word, Excel (max 5 MB in each email) to: kathmanduSAP@usaid.gov with “Nepal Maternal Mortality Study” in the subject line.

8. COST PROPOSAL SUBMISSION INSTRUCTIONS

The Offeror must submit a proposed budget in US dollars in MS Excel format using the attached template in Table

2, along with a budget narrative explaining all proposed expenses. The offeror can add/delete the line items in the

Table 3 if necessary, with a proper justification.

Under the bilateral agreement between USAID/Nepal and the GON, development assistance programmatic funds are exempt from taxes to the GON. As such, USAID/Nepal does not finance any identifiable host country taxes.

Table 3: Budget template

Particulars

no. of persons Unit Rate (NRs) Total (Nrs) Total (US$)

A. Salary: Training Event Managers

Event Team Leader

Event Coordinator

Admin/Finance/Logistics

Sub-total

B. Per diem and accommodation

Event Coordinator

Helper at Training venue (daily allowance only)

Training Participants

Training Hall Rent

C. Air fares/Surface travel

Event Coordinator

Training Participants (actual fare)

D. Other direct costs

Stationeries

Refreshments

Photocopies/tools printing

COVID-19 Protective items (Masks, Sanitizer etc).

Sub total

E. Total (A+B+C+D)

F. Contingency (5% of E)

G. TOTAL (E+F)

H. Overhead (X%) if applicable

I. GRAND TOTAL (G+H)

9. INSTRUCTIONS FOR PREPARING THE COST PROPOSAL

The Cost Proposal must be separate from the Technical Proposal and must reflect realism, completeness, and reasonableness. Offerors shall submit a budget in format provided in Table 2 with a narrative providing detailed justification of costs anticipated under this proposed Purchase Order. The Offeror MUST NOT include any information about costs in the Technical Proposal. Use Exchange Rate: 1USD= 110 Nrs.

10. BRANDING AND MARKING

All submissions should include a branding and marking plan in accordance with ADS 320.3.21.

Branding and Marking under this Contract must comply with the policies found at Automated Directives System

(ADS) Chapter 320. The Contractor can review and download the regulations, guidance, and graphics on branding/marking requirements at http://www.usaid.gov/branding/acquisition.html

The project materials and communications must be positioned as being “from the American People,” using the

USAID Identity. The desired level of USAID’s visibility for this program is high. USAID receives exclusive branding under Contracts although co-branding with the GON may be authorized by the CO on a case by case basis.

The reports generated as a result of this contract must have USAID logo on the front page and a disclaimer stating that the views expressed in the report do not reflect the views of the United States Agency for International

Development or the United States Government. The Contractor must consult with the COR on the required

Marking for this Contract. The Contractor’s branding and marking plan is incorporated into the contract as

Attachment # TBD. The plan must be in accordance with ADS 320.3.2.

11. PAYMENT SCHEDULE

The tentative payment schedule will be as following:

- 40% upon submission of the detailed Training Schedule (First-Second Week)

- 40% upon submission of the Final Training Execution Plan with i) Training Quality Assurance Plan, ii)

Training Attendance Form, iii) Training Evaluation Form (Third-Fourth Week)

- 20% upon submission of the Training completion report (Eighth Week)

12. EVALUATION CRITERIA

The criteria presented below have been tailored to the requirements of this Purchase Order. To facilitate the review of proposals, Offerors should organize the narrative sections of their proposals in the same order as the selection criteria. The proposals will be evaluated in accordance with the Technical Evaluation Criteria set forth below. Thereafter, the cost application of all Offerors submitting a technically acceptable application will be opened and costs will be evaluated for reasonableness and fairness for the work required and offered.

Technical and cost factors will be evaluated as described herein.

(a) The technical proposal will be scored by a Technical Evaluation Committee (TEC) established by

USAID/Nepal using the criteria described in this Section. The TEC will comprise 3-4 members, 2-3 from

USAID and one from the MOHP. The TEC will be chaired by a TEC member of USAID/Nepal. All TEC members must sign the USAID’s Non-Disclosure Form as provided in the Annex.

(b) The cost proposal will be scored using the method described in this Section.

(c) The criteria below are presented by major category, with relative order of importance. The criteria below

(Table 4) reflect the requirements of this particular solicitation.

Table 4: Technical Proposal Evaluation Criteria

Technical Proposal Evaluation Criteria Points Guides

A. Study Team Composition 30 points

A1. Academic qualifications of the proposed Team Leader 10 points very high: 8-10 points moderate:5-7 points low: 0-4 points

A2. Academic qualifications of the proposed Coordinators 5 points very high: 4-5 points moderate:2-3 points low: 0-1 point A3. Training management/coordination experience of the Team Leader 5 points

A4. Training management/coordination experience of the Coordinators 5 points

A5. Mix of skills/experience between Team Lead and the Coordinators 5 points

B. Technical Approach 45 points

B1. The degree to which the proposal demonstrates a clear understanding of the problem statement/technical assistance sought

10 Points very high: 8-10 points moderate:5-7 points low: 0-4 points

B2. Quality of the Training Schedule Developed 15 points very high: 10-15 points moderate:6-9 points low: 0-5 points

B3. Training Evaluation Sheet and Tracking System 10 points very high: 8-10 points moderate:5-7 points low: 0-4 points

B4. Training Attendance Sheet

5 points very high: 4-5 points moderate:2-3 points low: 0-1 point B5. Overall quality of the proposal 5 points

C. Past Performance/Organizational Capacity of the Offeror 25 points

C1. National/regional level trainings conducted in the past 5 years 5 points very high: 4-5 points moderate:2-3 points C2. Amount of budget managed for similar projects in the past 5 years 5 points

C3. Experience of training the government officials and working with the government institutions

5 points low: 0-1 point

C4. Number of trainees trained, or training events managed under a single contract in the recent past

5 points

C5. Number of equipment (Computer, laptop, printer, photocopier) available

5 points

PURCHASE ORDER CLAUSES:

52.213-4 TERMS AND CONDITIONS-SIMPLIFIED ACQUISITIONS (OTHER THAN

COMMERCIAL ITEMS).

As prescribed in 13.302-5(d), insert the following clause:

TERMS AND CONDITIONS-SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL ITEMS) (JAN 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 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)).

(ii) 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).

(iii) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(iv) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

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

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

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

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

(ix) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub.L.108-77, 108-78 (19 U.S.C. 3805 note)).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (Apr 1984).

(ii) 52.232-8, Discounts for Prompt Payment (Feb 2002).

(iii) 52.232-11, Extras (Apr 1984).

(iv) 52.232-25, Prompt Payment (Jan 2017).

(v) 52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013).

(vi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors

(Dec 2013)

(vii) 52.233-1, Disputes (May 2014).

(viii) 52.244-6, Subcontracts for Commercial Items (Aug 2019).

(ix) 52.253-1, Computer Generated Forms (Jan 1991).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct

2018)(Pub. L. 109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at $30,000 or more).

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

Remedies (Jan 2020) (E.O.13126) (Applies to contracts for supplies exceeding the micro-purchase threshold.)

(iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment Exceeding

$15,000 (May 2014) (41 U.S.C.chapter 65) (Applies to supply contracts over $15,000 in the United

States, Puerto Rico, or the U.S. Virgin Islands).

(iv) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C.4212) (applies to contracts of $150,000 or more).

(v) 52.222-36, Equal Employment for Workers with Disabilities (Jul 2014) (29 U.S.C.793)

(Applies to contracts over $15,000, unless the work is to be performed outside the United States by employees recruited outside the United States.) (For purposes of this clause, “United States” includes the

50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(vi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C.4212) (Applies to contracts of $150,000 or more).

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

(Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana

Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer

Continental Shelf).

(viii)

(A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627)

(Applies to all solicitations and contracts).

(B) Alternate I (Mar 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).

(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United

States (the 50 States and the District of Columbia)).

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

(Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the

United States (the 50 States and the District of Columbia.))

(xi) 52.223-5, Pollution Prevention and Right-to-Know Information (May 2011) (E.O.

13423) (Applies to services performed on Federal facilities).

(xii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Jun 2016) (E.O. 13693)(applies to contracts for products as prescribed at

FAR 23.804(a)(1)).

(xiii) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and

Air Conditioners (Jun 2016) (E.O. 13693) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).

(xiv) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR® Program or Federal Energy Management Program (FEMP)) will be-

(A) Delivered;

(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(C) Furnished by the Contractor for use by the Government; or

(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance).

(xv) 52.223-20, Aerosols (Jun 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).

(xvi) 52.223-21, Foams (Jun 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent; or contracts for construction of buildings or facilities.

(xvii) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C.chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the

United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition-

(A)Is set aside for small business concerns; or

(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed

$25,000).

(xviii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014)

(42 U.S.C. 1792) (Applies to contracts greater than $25,000 that provide for the provision, the service, or the sale of food in the United States).

(xix) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management

(Oct 2013)(Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) as its source of EFT information).

(xx) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award

Management (Jul 2013) (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information).

(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)

(46 U.S.C.App.1241) (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d)).

(2) Listed below are additional clauses that may apply:

(i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (Jun 2016)

(Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system.

(ii) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (Oct 2015) (Applies to contracts over $35,000).

(iii) 52.211-17, Delivery of Excess Quantities (Sept 1989) (Applies to fixed-price supplies).

(iv) 52.247-29, F.o.b. Origin (Feb 2006) (Applies to supplies if delivery is f.o.b. origin).

(v) 52.247-34, F.o.b. Destination (Nov 1991) (Applies to supplies if delivery is f.o.b.

destination).

(c) 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):

[Insert one or more Internet addresses]

(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights-

(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the

Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The

Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

(g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the

Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the

Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(End of clause)