SOL-182-16-000003.pdf

SOL-182-16-000003

Request for Proposals (RFP) No.: SOL-182-16-000003 Issue Date: April 11, 2016 Questions Due: April 20, 2016 at 5pm, Albania local time Closing Date: May 17, 2016 at 12 pm Albania local time

Dear Prospective Offerors:

The United States Government, represented by the U.S Agency for International Development (USAID), through the Regional Contracting Office in Kosovo, is seeking proposals from qualified local Albanian organizations interested in providing the services as described in this solicitation. USAID anticipates awarding approximately three (3) Indefinite Delivery Indefinite Quantity (IDIQ) contracts along with the four initial task orders (campaigns).

USAID intends to heavily utilize oral presentations to form the basis of the evaluation of proposals, similar to advertising firms pitching product campaigns to client firms. Firms that are deemed eligible offerors (see below and Section L) will be invited to present in person to USAID how they would implement the four campaigns. The written proposal will then be evaluated, along with the oral presentation, according to the evaluation factors in Section M to come to an award decision.

The competition under this solicitation is limited to local Albanian entities in accordance with Section 7077 of Public Law 112-74, as amended by Section 7028 of the Consolidated Appropriation Act (P.L 113-76) titled “Local Competition Authority”. For the purpose of the solicitation, local entity means an individual, a cooperation, a nonprofit organization, or another body of person that:

(1) is legally organized under the laws of Albania;

(2) have its principal place of business or operations in Albania;

(3) and is: (A) majority owned by individuals who are citizens or lawful permanent residents of; and (B) managed by a governing body the majority of whom are citizens or lawful permanent residents of the cooperating country.

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

Please note that offerors must be registered in System for Award Management (SAM) (https://www.sam.gov) in order to do business with the U.S. Government. A successful registration in SAM means the Offeror has obtained a DUNS number, and has secured an NCAGE number to successfully register in SAM. Please refer to Attachment A “Quick Start Guide for New Foreign Registrations” for further instructions.

Proposals must be received electronically on or before the closing date stipulated above to provide the services and deliverables specified in the below RFP. Proposals must be sent by e-mail to Ketrina Janaqi at kjanaqi@usaid.gov and Albert Rexhepi at arexhepi@usaid.gov by the closing date and time and must mailto:kjanaqi@usaid.gov mailto:arexhepi@usaid.gov conform to all requirements outlined in the solicitation. USAID reserves the right to award the contract subject to availability of funds. This is firm fixed-price type contract.

We very much look forward to receiving your proposals.

Sincerely, Michael Capobianco Regional Contracting Officer

TABLE OF CONTENTS

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PURPOSE

B.2 CONTRACT TYPE AND SERVICES

B.3 MINIMUM ORDER GUARANTEE

B.4 MAXIMUM CONTRACT CEILING

SECTION C – DESCRIPTION / SPECIFICATIONS/STATEMENT OF WORK

C.1 BACKGROUND

C.2 SERVICES TO BE PROVIDED

C.3 TECHNICAL REQUIREMENTS

SECTION D – BRANDING AND MARKING

D.1 AIDAR 752.7009 MARKING (JAN 1993)

D.2 BRANDING AND MARKING POLICY

SECTION E - INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

E.2 INSPECTION AND ACCEPTANCE

SECTION F – DELIVERIES AND PERFORMANCE

F.1 PLACE OF PERFORMANCE

F.2 PERIOD OF PERFORMANCE

F.3 ORDERING PROCEDURES

SECTION G – CONTRATC ADMINISTRATION DATA

G.1 ADMINISTRATIVE CONTRACTING OFFICE

G.2 CONTRACTING OFFICER'S REPRESENTATIVE (COR)

G.3 TECHNICAL DIRECTION

G.4 PAYMENT OFFICE

G.5 INVOICING INSTRUCTIONS

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 AUTHORIZED GEOGRAPHIC CODE

H.2 CONFIDENTIALITY AND OWNERSHIP OF INTELLECTUAL PROPERTY

H.3 EXECUTIVE ORDER ON TERRORISM FINANCING

H.4 USAID DISABILITY POLICY - ACQUISITION (AAPD-04-17) (DEC 2004)

H.5 ENVIRONMENTAL COMPLIANCE

H.6 LANGUAGE REQUIREMENTS

SECTION I – CONTRACT CLAUSES

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

I.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS -- COMMERCIAL ITEMS. (FEB 2016)

I.3 52.216-18 ORDERING (OCT 1995)

I.4 52.216-19 ORDER LIMITATIONS (OCT 1995)

I.5 52.216-22 INDEFINITE QUANTITY (OCT 1995)

I.6 52.232-29 TERMS FOR FINANCING OF PURCHASES OF COMMERCIAL ITEMS. (FEB 2002) ... 22

SECTION J – LIST OF DOCUMENTS EXHIBITS AND OTHER ATTACHMENTS

Attachment A: Quick Start Guide for New Foreign Registrations Attachment B: Campaign 1: Amplifying Watchdog Anti-Corruption Efforts Attachment C: Campaign 2: Spotlight on Public Spending Attachment D: Campaign 3: Women as Agents of Change Attachment E: Campaign 4: Your Vote Matters Attachment F: List of USAID/Albania activities

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF BIDDERS

K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

K.2 52.209-7 -- INFORMATION REGARDING RESPONSIBILITY MATTERS. (JUL 2013)

K.3 52.212-3 -- OFFEROR REPRESENTATIONS AND CERTIFICATIONS --COMMERCIAL ITEMS.

(NOV 2015)

SECTION L – INSTRUCTIONS TO OFFERORS

L.1 TYPE OF CONTRACT

L.2 GENERAL INSTRUCTIONS TO OFFERORS

L.3 SUBMISSION/DELIVERY INSTRUCTIONS

L.4 INSTRUCTIONS FOR THE PREPARATION OF THE TECHNICAL PROPOSAL

L.5 COST PROPOSAL

SECTION M – EVALUATION CRITERIA

M.1 GENERAL INFORMATION

M.2 EVALUATION FACTORS

M.3 COST EVALUATION:

M.4 AWARD DECISION

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 Work (SOW) specified in Section C. USAID Contracting Officers (COs) will request the work through the issuance of task orders during the ordering period as specified in Section F of the contract.

B.2 CONTRACT TYPE AND SERVICES

This is a multiple-award Indefinite Delivery/Indefinite Quantity (IDIQ) contract. The Government will issue task orders that are Firm Fixed-Priced contracts.

B.3 MINIMUM ORDER GUARANTEE

The basic contract includes an initial obligation of funds in the amount of $25,000 to cover the minimum order guarantee USAID is required to order and the Contractor is required to furnish the minimum order amount of services. The minimum obligated amount shall be applied toward the first task order. The Government is not obliged to order additional services.

Following this initial obligation, individual task orders will obligate funds to cover the work required under that task order.

B.4 MAXIMUM CONTRACT CEILING

The ceiling of the IDIQ is $1,000,000. The maximum aggregate dollar value of task orders awarded to all contractors must not exceed the contract ceiling. This ceiling is not being subdivided among the number of awardees nor is it being multiplied by the number of awardees.

[END OF SECTION B]

SECTION C – DESCRIPTION / SPECIFICATIONS/STATEMENT OF WORK

C.1 BACKGROUND

The purpose of the USAID/Albania “Demand Change Indefinite Deliver Indefinite Quantity (IDIQ)” is to produce and disseminate thematic public awareness campaigns to amplify the development impact of USAID’s work in Albania. Task orders off of this IDIQ will raise awareness about the challenges faced by Albanian citizens, and encourage civil and government demand and action for change.

The U.S. foreign assistance program, implemented primarily by USAID, is helping Albania move on a path toward European Integration through strengthened democratic institutions and inclusive economic growth. The Mission’s democracy and governance portfolio consists of 11 active projects. USAID’s democracy programs strengthen Albania’s democratic institutions while increasing citizen engagement in governance, focusing primarily on the areas of rule of law, good governance, and civil society.

For the past three years, USAID/Albania has relied on public events of projects, social media, and television appearances to increase public awareness of issues directly tied to the USAID/Albania development objectives, as described in our Country Development Cooperation Strategy for Albania 2011-2017. These campaigns drew attention to the challenges facing Albania and provided opportunities for citizens and government leaders to promote change. The campaigns directly and indirectly raised awareness on the Agency’s broader global goals and policies, including economic development, democracy and governance, empowering women and girls, supporting youth, protecting human rights of vulnerable populations (including lesbian, gay, bisexual and transgender (LGBT) persons and persons with disabilities), fighting human trafficking, and promoting accountability and transparency in government.

With this IDIQ, USAID seeks to expand its public outreach around core development objectives and amplify public communications to increase awareness and create demand for change, and to leverage the power of social media to engage the public in a two-way conversation about important issues.

Currently, USAID’s social media presence is limited. The Mission has a Facebook page but uses it primarily as a broadcast mechanism to distribute traditional content. Almost all social media content is managed by a local outreach and communications specialist. As of February 2016, USAID Albania’s Facebook page had approximately 13,300 likes. The page was originally created in late 2012.

USAID does not have a strong level of engagement with its Facebook audience as measured by the number of likes, comments, or shares on posts. One of the main objectives of the social media campaigns is to increase USAID’s Facebook engagement rate, defined as the percentage of people a post reaches who then like, comment, share or click on it.

C.2 SERVICES TO BE PROVIDED

USAID will procure a number of innovative public outreach campaigns per year for three years.

The campaigns may include, but are not limited to, TV and radio advertisements, billboards and posters, social media campaigns, exhibits, and special citizen engagement events throughout the country. The core messages for each campaign should be clearly stated.

Each campaign should have social media content which can be used by the USAID/Albania Facebook page. Once selected task order is issued, the contractor must engage USAID team members directly in creating content and participating in online discussions during the campaigns. The campaigns will not be successful without the close participation and involvement of USAID subject matter experts and project managers. The social media voice should balance the official nature of government communications with the more personal nature of social media.

Each campaign should leverage USAID/Albania’s current programming wherever possible to harness synergies among activities and maximize impact. (For a full list of USAID/Albania activities, please see attachment F).

C.3 TECHNICAL REQUIREMENTS

C.3.1 Standards

All of the work performed under this contract must be:

1) In full compliance with all USAID and US Embassy policies and Automated Directive System (ADS), including but not limited to the following:

• USAID Branding and Marking Policy ADS 320;

• USAID Branding Graphics Standard Manual.

2) Written in both English and Albanian for clearance, although campaigns may be implemented solely in Albanian when appropriate.

3) Written in proper English/ Albanian and in plain language (see http://www.plainlanguage.gov/).

Language in all contract products shall be such that non-technical readers can comprehend the information presented, and brief but sufficient background shall be included to allow someone working on similar projects in other countries to benefit from reading the product. Language will be free from spelling or grammatical errors.

4) Delivered on-time as defined in each Task Order, and in accordance with all criteria outlined in each Task Order.

5) Of high quality and following best practices for the specific type of project undertaken.

6) All deliverable must be approved by COR for the project and USAID/Albania’s Development Outreach and Communications Officer.

For all meetings held by the Contractor with USAID or its partners, the following must apply unless waived in writing by the COR:

1) Any materials to be used for the meeting or discussed in the meeting shall be provided to the COR or designate no less than three days prior to the meeting. This shall include an agenda for the meeting that provides opening comments on why the meeting has been convened, and what is hoped to be gained from the time invested by participants;

2) Sufficient copies of any materials to be discussed will be brought to the meeting by the Contractor for all meeting participants.

[END OF SECTION C]

http://www.plainlanguage.gov/

SECTION D – BRANDING 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.

The Offeror shall comply with the requirements of the USAID branding policies available at:

www.usaid.gov/branding and appropriately mark all deliverables and public communications with the USAID brand.

Note: USAID receives “exclusive branding and marking” for the work conducted under all acquisition awards. This means that the foreign assistance delivered is clearly credited to the American people. It also means that competing logos or identities, such as the contractor’s, are excluded unless otherwise indicated in the award (contract).

D.2 BRANDING AND MARKING POLICY

In accordance with provision D.1 above, and where applicable, the Contractor shall 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 January 8, 2007) at http://www.usaid.gov/policy/ads/300/320.pdf; and USAID “Graphic Standards Manual” available at www.usaid.gov/branding, or any successor branding policy.

[END OF SECTION D]

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 clause at FAR “52.252-2 CLAUSES INCORPORATED BY REFERENE” in Section I of this contract. See FAR 52.252-2 for an internet address (as specified) for electronic access to the full text of a clause.

NUMBER TITLE DATE

52.246-4 Inspection of Services – Fixed price AUG 1996

E.2 INSPECTION AND ACCEPTANCE

USAID inspection and acceptance of services and other required deliverables or outputs shall take place at:

USAID/Albania Rr. e Elbasanit, Nr. 103 Tirana, Albania and at any other location where the services are performed and reports and deliverables or outputs are produced or submitted. The COR listed in Section G has been delegated authority to inspect and accept all services and required deliverables or outputs.

[END OF SECTION E]

SECTION F – DELIVERIES AND PERFORMANCE

F.1 PLACE OF PERFORMANCE

The place of performance under this contract is Albania.

F.2 PERIOD OF PERFORMANCE

See Section I.

F.3 ORDERING PROCEDURES

(a) General

(1) To obtain services or other deliverables that are within the scope of this contract, the CO shall issue Request for Task Order Proposals (RFTOPs). Only COs from USAID/Kosovo’s Regional Contracting Office may issue RFTOPs and subsequent task orders.

(2) Unless an exception applies, all IDIQ holders will be given a fair opportunity to compete.

(3) Contractor(s) must respond to the RFTOP within the number of calendar days stated in the RFTOP.

(4) No separate payment will be made to the contractor for the cost to prepare, submit and/or negotiate a task order proposal.

(5) The Contractor must not commence work until a signed task order is issued and the contractor is authorized by the CO.

(b) Fair Opportunity Exceptions

(1) The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

(2) Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

(3) The order must be issued on a sole source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

(4) It is necessary to place an order to satisfy a minimum guarantee.

(c) Request for Task Order Proposal (RFTOP)

(1) Task Orders may be issued by Contracting Officers within the IDIQ statement of work described in

Section C.

(2) Each Task Order will carry a specific Task Order number which will be cited on each invoice placed against this Contract.

(3) In no event must the aggregate total of all Task Orders exceed the Maximum Ordering Limitation authorized in the IDIQ Contract. All Task Order statements of work and performance periods must be within the statement of work and effective period of this Contract.

(4) The FAR and AIDAR clauses/provisions included in the contract are applicable to Task Orders as issued based on their individual statements of work. Clauses and provisions remain applicable throughout the terms of the Contract and orders. Additionally, there may be clauses/provisions that apply only at the Task Order level.

(5) Unless one of the Fair Opportunity Exceptions applies, the terms of this contract require that whenever a task order award is contemplated, all contractors will receive a request for a task order proposal to determine the most highly qualified IDIQ holder. RFTOPs may require proposals be provided in writing or done via oral presentations. Specific instructions will be included in the RFTOPs. Given the nature of the services to be provided under the IDIQ, the majority of RFTOPs will require oral presentations. All task order proposals must include the contractor's price to perform the anticipated task order. The RFTOP request must be in writing (via mail, e-mail, fax, or other, as set out in the RFTOP) and include a statement of objectives or statement of work and the evaluation procedure, including the relative weighting of cost/price and non-cost/price criteria. If the selection is based upon information obtained from other than the contractor's proposals, the RFTOP must identify the other evaluation criteria. The evaluation may be based solely on cost/price and past performance, but may also include one or more technical factors such as corporate experience personnel, and or technical approach.

F.3.2. TASK ORDER LIMITATIONS

Task orders issued under this IDIQ will be Firm Fixed-Priced type contracts.

(a) Minimum Order: When USAID requires services or reports and other deliverables covered by this IDIQ in a Task Order in the amount of less than $3,500 the Contractor is not obligated to accept an order to furnish those services or reports and other deliverables under this contract. However, if the Contractor agrees to furnish services or reports and other deliverables required by USAID in an amount of less than $3,500 and is awarded a Task Order to do so, the Contractor is required to provide said services and reports/deliverables in accordance with the contract's terms and conditions.

(b) Maximum Order: When USAID requires services or reports and other deliverables covered by this contract in a Task Order amount of more than $100,000 the Contractor is not obligated to accept an order to furnish those services or reports and other deliverables under this contract. However, if the Contractor agrees to furnish services or reports and other deliverables required by USAID in excess of $100,000 and is awarded a Task Order to do so, the Contractor is required to provide said services and reports/deliverables in accordance with the contract’s terms and conditions.

(c) Notwithstanding the above, if issuance of a task order to, and acceptance of a task order by, the Contractor would: (1) result in the Contractor (or its personnel or its subcontractors or their personnel) having an organizational conflict of interest for which restrictions would be placed on the Contractor's (or its personnel or its subcontractors’ or their personnel) future activities; or (2) violate the provisions of the Procurement Integrity legislation, i.e., Section 27 of the Office of Federal Procurement Policy Act (41 U.S.C. 423), as amended by Section 814 of Pub. L. 101-189 the Contractor, after written notification to the Contracting Officer is not obligated to furnish those services or reports and other deliverables under this contract, and USAID may acquire the supplies or services from another source.

[END OF SECTION F]

SECTION G – CONTRATC ADMINISTRATION DATA

G.1 ADMINISTRATIVE CONTRACTING OFFICE

The Contracting Office is located at:

USAID/Kosovo Regional Contracting Office Ismail Qemali (Arberia), House 1 Pristina – Kosovo 1000

G.2 CONTRACTING OFFICER'S REPRESENTATIVE (COR)

The Contracting Officer Representative is TBD.

G.3 TECHNICAL DIRECTION

The USAID/Albania Program Office shall provide technical oversight to the Contractors through the designated COR. The Contracting Officer shall issue a letter appointing the COR for the IDIQ and provide a copy of the designation letter to the contractors in conjunction with the award. The Contractors shall meet with the COR prior to starting any work.

G.4 PAYMENT OFFICE

U.S. Agency for International Development - RFMC Ulica Roberta C. Frasurea 1, 71000 Sarajevo Bosnia and Herzegovina sarajevorfmc@usaid.gov

G.5 INVOICING INSTRUCTIONS

The Contractor shall submit invoices to the Paying Office indicated above. Payment shall be made by electronic funds transfer (EFT), at the address shown on the invoice, with an addendum record including the TO number, the invoice number and the amount.

One (1) original of each invoice shall be submitted electronically on an SF-1034 Public Voucher for Purchases and Services Other Than Personal to: accountspayablesarajevo@usaid.gov.

One copy of the voucher and the invoice shall also be submitted to the COR. The SF-1034 must be signed, and it must be submitted along with the invoice and any other documentation in Adobe.

G.5 CONTRACTOR’S PRIMARY POINT OF CONTACT

TBD

[END OF SECTION G]

mailto:sarajevorfmc@usaid.gov

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 AUTHORIZED GEOGRAPHIC CODE

The authorized geographic code for the IDIQ and Task Orders is 937.

H.2 CONFIDENTIALITY AND OWNERSHIP OF INTELLECTUAL PROPERTY

All reports generated and data collected during this project shall be considered the property of USAID and shall not be reproduced, disseminated or discussed in open forum, other than for the purposes of completing the tasks described in this document, without the express written approval of a duly-authorized representative of USAID. All findings, conclusions and recommendations shall be considered confidential and proprietary.

H.3 EXECUTIVE ORDER ON TERRORISM FINANCING

The Contractor is reminded that U.S. Executive Orders and U.S. law prohibits transactions with, and the provision of resources and support to, individuals and organizations associated with terrorism. It is the legal responsibility of the contractor to ensure compliance with these Executive Orders and laws. This provision must be included in all subcontracts issued under this contract.

H.4 USAID DISABILITY POLICY - ACQUISITION (AAPD-04-17) (DEC 2004)

(a) The objectives of the USAID Disability Policy are (1) to enhance the attainment of United States foreign assistance program goals by promoting the participation and equalization of opportunities of individuals with disabilities in USAID policy, country and sector strategies, activity designs and implementation; (2) to increase awareness of issues of people with disabilities both within USAID programs and in host countries; (3) to engage other U.S. government agencies, host country counterparts, governments, implementing organizations and other donors in fostering a climate of nondiscrimination against people with disabilities; and (4) to support international advocacy for people with disabilities. The full text of the policy paper can be found at the following website:

http://www.usaid.gov/about/disability/DISABPOL.FIN.html.

(b) USAID therefore requires that the contractor not discriminate against people with disabilities in the implementation of USAID programs and that it make every effort to comply with the objectives of the USAID Disability Policy in performing this contract. To that end and within the scope of the contract, the contractor’s actions must demonstrate a comprehensive and consistent approach for including men, women and children with disabilities.

H.5 ENVIRONMENTAL COMPLIANCE

The Contractor will be required to implement the provisions of the Initial Environmental Examination (IEE) and is responsible for ensuring that all requirements of the Agency's environmental regulations as described in 22 CFR 216 are met, and an amendment, if any, to the approved IEE is submitted in timely manner, as will be approved by the Bureau Environmental Officer.

1. General Requirements http://www.usaid.gov/about/disability/DISABPOL.FIN.html

1a) The Foreign Assistance Act of 1961, as amended, Section 117 requires that the impact of USAID’s activities on the environment be considered and that USAID include environmental sustainability as a central consideration in designing and carrying out its development programs. This mandate is codified in Federal Regulations (22 CFR 216) and in USAID’s Automated Directives System (ADS) Parts 201.5.10g and 204 (http://www.usaid.gov/policy/ADS/200/), which, in part, require that the potential environmental impacts of USAID-financed activities are identified prior to a final decision to proceed and that appropriate environmental safeguards are adopted for all activities. Contractor environmental compliance obligations under these regulations and procedures are specified in the following paragraphs of this Award.

1b) In addition, the Contractor must comply with host country environmental regulations unless otherwise directed in writing by USAID. In case of conflict between host country and USAID regulations, the latter shall govern.

1c) No activity funded under this Contract will be implemented unless an environmental threshold determination, as defined by 22 CFR 216, has been reached for that activity, as documented in a Request for Categorical Exclusion (RCE), Initial Environmental Examination (IEE), or Environmental Assessment (EA) duly signed by the Bureau Environmental Officer (BEO). (Hereinafter, such documents are described as “approved Regulation 216 environmental documentation.”)

4. Planning and Reporting

4a) As part of its initial Work Plan, and all Annual Work Plans thereafter, if any, the Contractor, in collaboration with the USAID Contracting Officer’s Representative and Mission Environmental Officer or Bureau Environmental Officer, as appropriate, shall review all ongoing and planned activities under this contract to determine if they are within the scope of the approved Regulation 216 environmental documentation.

4b) 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 shall be undertaken prior to receiving written USAID approval of environmental documentation amendments.

4c) Any ongoing activities found to be outside the scope of the approved Regulation 216 environmental documentation shall be halted until an amendment to the documentation is submitted and written approval is received from USAID.

H.6 LANGUAGE REQUIREMENTS

Level 4/4 English language and level 5/5 Albanian language proficiency is required.

[END OF SECTION H]

http://www.usaid.gov/policy/ADS/200/

SECTION I – CONTRACT CLAUSES

I.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. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

NUMBER TITLE DATE

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER

RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES

OF WHISTLEBLOWER RIGHTS (APR 2014)

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON

POSTCONSUMER FIBER CONTENT PAPER (MAY 2011)

52.204-10 REPORTING EXECUTIVE COMPENSATION

AND FIRST-TIER SUBCONTRACT AWARDS (OCT 2015)

2.204-12 DATA UNIVERSAL NUMBERING SYSTEM

NUMBER MAINTENANCE (DEC 2012)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013)

52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS (JAN 2014)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE (JUL 2015)

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION

REGARDING RESPONSIBILITY MATTERS (JUL 2013)

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED

DOMESTIC CORPORATIONS (NOV 2015)

52.212-4 CONTRACT TERMS AND CONDITIONS –

- COMMERCIAL ITEMS (MAY 2015)

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN

TEXT MESSAGING WHILE DRIVING (AUG 2011)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER

-SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

52.232-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER

-OTHER THAN SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

752.242-70 PERIODIC PROGRESS REPORTS (OCT 2007)

I.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS. (FEB 2016)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

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

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

3509).

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

X (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved] X(6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

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

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

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

___ (13) [Reserved] ___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

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

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

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

___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (Oct 2015) of 52.219-9.

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

___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

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

___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

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

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

___ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (E.O.

13126).

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

___ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

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

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

___ (31) 52.222-37, Employment Reports on Veterans (Oct 2015) (38 U.S.C. 4212).

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

___ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

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

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

___ (36) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (37) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

___ (39) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

X (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.

4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110- 138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (43) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (44) 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).

___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

___ (50) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (51) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (54) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] ___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) ___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C.

chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

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

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

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

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

(e)

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

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

3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

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

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793).

(viii) 52.222-37, Employment Reports on Veterans (Oct 2015) (38 U.S.C. 4212).

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xi) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C.

chapter 78 and E.O. 13627).

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

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

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

(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O.

13658).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

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

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

(End of Clause)

I.3 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through three years from date of award.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

I.4 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $3,500 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor --

(1) Any order for a single item in excess of $100,000;

(2) Any order for a combination of items in excess of $100,000; or

(3) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph

(b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 1 day after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

I.5 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after 1 year after the end of the ordering period in 52.216-18.

I.6 52.232-29 TERMS FOR FINANCING OF PURCHASES OF COMMERCIAL ITEMS.

(FEB 2002)

(a) Contractor entitlement to financing payments. The Contractor may request, and the Government shall pay, a contract financing payment as specified elsewhere in this contract when: the payment requested is properly due in accordance with this contract; the supplies deliverable or services due under the contract will be delivered or performed in accordance with the contract; and there has been no impairment or diminution of the Government’s security under this contract.

(b) Special terms regarding termination for cause.