Solicitation__Management_Review_of_USAIDs_RADP_South.pdf

USAID I AFGHANISTAN

FROM THE AMERICAN PEOPLE

Request For Proposal (RFP) Number: SOL-306-15-000030 Issuance Date: March 2, 2015 Questions Due Date: March 5, 2015 4:30 P.M. Local (Kabul time) Closing Date: March 12,2015 11:30 P.M. Local (Kabul time)

SUBJECT: RFP for RADP-South Management Review

Dear ProspectiveOfferor:

The United States Government, represented by the U.S. Agency for International Development (USAID)/Afghanistan, Office of Acquisition and Assistance, requests a proposal to provide professional services to conduct a Management Review for RADP-South consistent with the requirements described in Section B of this solicitation.

Itis anticipated that a Firm-Fixed-Price contractwill be awarded as a resultof this solicitation. As set forth in FAR Part 12, Acquisition of Commercial Items, s supplementedwith additional information included in this notice. The RFP contains clauses incorporated by reference. The full text of the FAR clauses is available on the internet at http://www.arnet.gov/far/. The full text of the Agency for International Development Regulation (AIDAR) clauses is available at http://www.usaid.gov.

This requestfor proposal in no way obligates the United States Agency for International Development (USAID) to award a contract, nor does it commit USAID to pay any costs incurred in the preparation and submission of proposals.

The competition under this solicitation is limited to local entities in accordance with Section 7077 of Public Law 112-74, as amended by Section 7028 of the Consolidated Appropriation Act 2014 (P.L 113-76) titled "Local Competition Authority." For the purposes of this solicitation, local entity means an individual, a corporation, a nonprofit organization, or another bodyof persons that—

(1) is legally organized underthe laws of;

(2) has as its principal place of business or operations in;

(3) is majority owned by individuals who are citizens or lawful permanent residents of; and

(4) managed bya governing body the majority ofwho are citizens or lawful permanent residents of;

a country receiving assistance from funds appropriated undertitle III of thisAct.

(c) For purposes 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 byany means."

Pagcl

RFP No. SOL-306-15-000030 USAID/Afghanistan/Office of Acquisitionand Assistance

This solicitation is being issued as a combined synopsis/solicitation for commercial items in accordance with FAR

12.6. Proposals shall address requirements in this request for proposal. Offerors shall submit their offer in accordance with instructions in FAR 52.212-1.

Please submit your technical and cost proposal electronically in response to this RFP no laterthan the date and time indicated above to Kabul-OAA-OAG-TEAM(a)state.qov. Proposals received after the closing date and time will be processed as late and handled in accordance with FAR 15.208. Any questions regarding the RFP's requirements, meaning, or interpretation of its contents must be submitted in writing via e-mail Idrees Raheem at Kabul-OAA-OAG-TEAM@state.gov with a subject line of "Questions for SOL-306-15-000030" no later than the date and time indicated above.

Sincerely, JenniferArmstrong Contracting Officer Office of Acquisition and Assistance USAID/Afghanistan

USAID/Afghanistan/Office of Acquisition and Assistance

TABLE OF CONTENTS

SECTION A - SOLICITATION/CONTRACT FORM 4

SECTION B-CONTRACT SCHEDULE 6

B.1- BACKGROUND AND PURPOSE 6

B.2 - MANAGEMENT REVIEW SCOPE 7

B.3-CONTRACT TYPE 7

B.4-SUPERVISION/REPORTING 7

B.5-WORKWEEK 7

SECTION C-CLAUSES 8

C.1 - NOTICE LISTING CLAUSES INCORPORATED BY REFERENCE 8

C.2 - AIDAR 48 CFR CHAPTERS 7 CLAUSES: 9

C.3- FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) FULL TEXT CLAUSES: 9

C.4 - EXECUTIVE ORDER ON TERRORISM FINANCING: 15

C.5- SUB-AWARD REQUIREMENTS (MARCH 2012): 16

C.6-FRAUD REPORTING 17

C7-IMPLEMENTING PARTNERS NOTICES: 17

C.8- VETTING 17

C.9 SERIOUS INCIDENT REPORTING IN AFGHANISTAN (DEC 2010) 18

C.10. USE OFSYNCHRONIZED PRE-DEPLOYMENT AND OPERATIONAL TRACKER (SPOT) FOR

CONTRACTORS SUPPORTING A DIPLOMATIC OR CONSULAR MISSION OUTSIDE THE UNITED STATES

(SUPPLEMENT TO FAR 52.225-19) 18

C.11. CONFIDENTIALITY AND OWNERSHIP OF INTELLECTUAL PROPERTY 19

C.12. DISCLOSURE OF INFORMATION 19

C.13- TYPE OF CONTRACT - FAR 52.216-1 (APR 1984) 19

C.14 - USAID Implementing PartnerNotices (IPN) Portal for Acquisition (July 2014) 20

SECTION D - REPRESENTATIONS AND INSTRUCTIONS 21

D.1 - 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2009) 21

D.2 - INSTRUCTIONS TO OFFERORS 23

D.3 - EVALUATION FACTORS FOR AWARD 24

USAID/Afghanistan/Office ofAcquisition and Assistance

SECTION A - SOLICITATION /CONTRACT FORM

SOLICITATION/CONTRACT

BIDDER/OFFEROR TO COMPLETE BLOCKS 11,13,15,21.22, &27

2. CONTRACT NO.

7. ISSUED BY

CODE

3.AWARD/

EFFECTIVE DATE

AFGHANISTAN

4.SOLICITATION NUMBER

SOL-306-15-000030

1. THIS CONTRACT IS

A RATED ORDER

UNDER DPAS

(15CFR700)

RATING

5.SOLICITATION TYPE

n SEALED BIDS Q NEGOTIATED

(IFB) (RFP)

PAGES

6.SOLICITATION ISSUE

DATE:

03/02/2015

USAID/AFGHANISTAN

OFFICE OF ACQUISITION AND ASSISTANCE

8.THIS ACQUISITION IS Q UNRESTRICTED OR D SET ASIDE: % FOR

• SMALL BUSINESS [~~|wOMEN-OWNED SMALL BUSINESS(WOSB)ELIGIBLE UNDER

L—' THEWOSB PROGRAM

[_] HUBZONE SMALL BUSINEi

• SERVICE DISABLED VETERAN-

OWNED SMALL BUSINESS

[] 8(A)

CALLS

NO COLLECT

9: (AGENCY USE)

10: ITEMS TO BE PURCHASED (BRIEF DESCRIPTION)

PI SUPPLIES I""I SERVICES

11. IF OFFER IS ACCEPTED BY THE GOVERNMENT

WITHIN CALENDER DAYS (60 CALENDER DAYS UNLESS

OFFEROR INSERTS A DIFFERENT PERIOD) FROM THE DATE SET FORTH

IN BLOCK 9 ABOVE, THE CONTRACTOR AGREES TO HOLD ITS OFFERED

PRICES FIRM FOR THE ITEMS SOLICITED HEREIN AND TO ACCEPT ANY

RESULTING CONTRACT SUBJECT TO THE TERMS AND CONDITIONS

STATED HEREIN.

13. CONTRACTOR

OFFEROR

CODE FACILITY CODE

TELEPHONE NO.

DUNS NO.

LlCHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

15.PROMPT PAYMENT DISCOUNT

17.

ITEM

NO.

18.

SCHEDULE OF SUPPLY AND SERVICES

This Solicitation is for the procurement of professional services to conduct a Management Review for RADP- South contract

23.ACCOUNTING AND APPROPRIATION DATA

• EDWOSB

NAICS:

SIZE STANDARD:

12. ADMINISTERED BY

CODE

USAID Afghanistan 00001

14. PAYMENT WILL BE MADE BY

CODE

SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK:

AFGHANISTAN

16.AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION

I I 10 U.S.C.2304 | | 41 U.S.C. 253

X 19.

QUANTITY

20.

UNIT

• 41 U.S.C.:

21.

UNIT PRICE

24. TOTAL AWARD AMOUNT

(FOR GOVERNMENT USE ONLY)

22.

AMOUNT

25. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND

RETURN 1_COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO

FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED

ABOVE AND ON ANY CONTINUATION SHEETS SUBJECT TO THE TERMS AND

CONDITIONS SPECIFIED HEREIN,

26.AWARD OF CONTRACT: YOUR OFFER ON SOLICATION

NUMBER SHOWN IN BLOCK 4 INCLUDING ANY ADDITIONS

OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS

TO ITEMS:

27.SIGNATURE OF OFFEROR/CONTRACTOR

NAME AND TITLE OF SIGNER (TYPE OR

PRINT)

DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION NOT USEABLE

28.UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

QjmuAJ^jf

E OF CONTRACTING OFFICER

Jennifer Armstrong

DATE SIGNED

03/02/2015

STANDARD FORM 1447 (REV.2/2012)

Prescribed by GSA - FAR (48CFR) 53.214(d)

Page4

NO RESPONSE FOR REASONS CHECKED

CANNOT COMPLY WITH SPECIFCATIONS CANNOT MEET DELIVERY REQUIREMENT

UNABLETO IDENTIFYTHE ITEM (S)

DO NOT REGULARLY MANUAFACTURE OR SELL THE TYPE OF ITEMS

INVOLVED

OTHER (Specify)

WE DO WE DO NOT, DESIRE TO BE RETAINED ON THE MAILING LIST FOR FUTURE PROCUREMENT OF THE TYPE OF ITEMS INVOLVED

NAMEANDADDRESS OF FIRM (include Zip Code) SIGNATURE

TYPE OR PRINT NAME AND TITLE OF SIGNER

FROM:

TO:

AFGHANISTAN

USAID/Afghanistan Office of Acquisition and Assistance

SOLICITATION NO. SOL-306-15-000030

DATE AND LOCAL TIME

STANDARD FORM 1447 (REV.2/2012) BACK

AFFIX

STAMP

HERE

SECTION B - CONTRACT SCHEDULE

Regional Agricultural Development Program-South (RADP-S) Management Review

Proposed Personnel: Two (2) Consultants Duration: . 18days (Field) and 12days (Home Office) Period ofPerformance: On or about April 20,2015to May 19,2015 Contract Type: Firm-Fixed Price Location: Kabul, Afghanistan Reports To: RADP-S Contracting Officer's Representative (COR), USAID/Afghanistan

B.1 - BACKGROUND AND PURPOSE

Approximately 80 percent of Afghanistan's residents depend on some form of agricultural activity for their livelihood. While positive developments have been achieved in the agricultural sector over the last decade, productivity levels lag significantly behind neighboring countries and even those historically achieved in Afghanistan. The agricultural sector comprises roughly one-third of the $17 billion Gross Domestic Product (GDP) of the country. USAID has been contributing to the reconstruction and development of the agricultural sector in Afghanistan since 2002. USAID's programs have supported the capacity building of Ministry of Agriculture, Irrigation and Livestock (MAIL), increased licit agricultural production and processing, and strengthened the viability of agricultural production from farm to market. As transition towards Afjghan-led development gains momentum, building the market oriented capacity of Afghan farmers and private sector counterparts, with the strategic support of MAIL, is the path to ensure greater and more inclusive economic growth and sustainability, including women's involvement in agriculture value chains.

USAID awarded a contract to Chemonics International Inc for Regional Agricultural Development Program (RADP) - South, covering Kandahar, Helmand, Zabul and Uruzgan Provinces in the South. The purpose of RADP-S is to improve food and economic security for rural Afghans intarget provinces. Toaccomplish thisgoal, RADP-S focuses on improving the productivity and profitability of the wheat, high value crops, and livestock value chains while addressing policy, legal and regulatory constraints affecting value chain development. This agricultural development program supports the consolidation of licit economies to fuel sustainable long-term economic growth, including providing alternatives to poppy cultivation.

The implementation approach of RADP-S dovetails with Afghan and U.S. government strategies in its focus on advancing food security, regenerating agribusiness, and increasing agriculture sector jobs andincomes. RADP-S aims to strengthen the capacity of producers, associations, traders, and agribusinesses to respond to market demands; facilitate lasting market linkages between value chain actors; and support an enabling environment thatallows the private sector to improve and grow. The program places theAfghan private sector at theforefront of implementation and addresses key crosscutting issues ofwomen's empowerment, agribusiness value chain facilitation, and alternative development in all facets ofthe program. Embodying USAID's vision for sustainable Afghan-led development, RADP-S lays the foundation for greater and more socially inclusive growth in the agricultural economy.

RADP-S is paving the way to more inclusive and sustainable economic growth for rural Afghans by working with farmers and agribusinesses toovercome obstacles hindering production, processing, sales ofcommodities, and overall development of agricultural value chains. By October 2018, it is expected that RADP-S will have achieved:

• Increased number of farmers demonstrating higher wheat, high-value crop, and livestock productivity dueto improved practices and technology adopted after USAID assistance.

• Improved income generation among farmers by building capacity in improved post-harvest techniques which enable profitable off-season sales.

• Greater participation ofwomen in agricultural value chains by increasing and strengthening women's agribusinesses andorganizations.

• Increased the number of firms operating more competitively and profitably due to enhanced quality and volume of agricultural products, and because of new technologies and management practices adopted as a resultof USAID support.

• Improved analytical capacity for policy formulation and advocacy among private and public sectors

B.2 - MANAGEMENT REVIEW SCOPE

USAID/Afghanistan seeks an experienced firm/ Management Consultants to conduct a review of the RADP-S Prime Contractor's management of administrative and programmatic responsibilities. This assignment would entail a review oforganizational objectives, policies, procedures, structure, control and systems (and adherence to those systems) in order to check the efficiency and/or performance of the Prime Contractor's management of activities/administrative tasks toward the achievement ofprogram results. The management review will result in a report to include a review offindings and recommendations to improve the management and human resources procedures and fectiveness and suitability of controls.

During this period of time, the ManagementConsultant will:

• Gatherand organize information on problems or procedures.

• Analyze datagathered and develop solutions oralternative methods ofproceeding.

• Confer with personnel concerned toensuresuccessful functioning ofnewly implemented systems or procedures.

• Review forms and reports and conferwith managementand users about format, distribution, and purpose, and to identify problems and improvements.

• Interview personnel and conduct on-site observation to ascertain unit functions, work performed, and methods, equipment, and personnel used.

At the conclusion of the management review, the Management Consultant will:

Provide a final report that documents their findings and provide recommendations for implementation of new systems, procedures, and/or organizational changes.

B.3 - CONTRACT TYPE

The Government contemplates award ofa Firm-fixed Price Contract resulting from thissolicitation.

B.4 - SUPERVISION/REPORTING

The responsibilities of the Management Consultant include:

• Developing a work plan prior to arrival to the country and to coordinate the work plan with the RADP-S

COR.

• Update RADP-S CORevery other day by phone, Skypeor in-person.

• Briefing the COR by the end of the first week and at the end ofassignment.

• Produce a final report based on USAID standard which should meet all the requirements and has to be approved by the RADP-S COR.

B.5-WORKWEEK

The consultant is expected to work 8 hrs per day for 6 days per week for the duration of the assignment in accordancewith USAID's regulations and policies.

Any questions concerning thisSOW maybe directed to:

McDonald Homer

USAID/Afghanistan Phone:1-301-490-1042

Email: MHomer(5)state.qov

SECTION C - CLAUSES

C.1 - NOTICE LISTING CLAUSES INCORPORATED BY REFERENCE

This contract incorporates one ormore 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 these addresses:

http://www.arnet.gov/far; http://www.usaid.gov

The following clauses 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" contained in this document.

FAR 52.252-2 contains the internet address for electronic access to the full text of a clause.

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

NUMBER

52.202-1

52.203-5

52.203-6

52.203-7

52.203-17

52.204.19

52.213-2

52.216-24

52.216-25

52.222-1

52.222-3

52.222-17

52.222-19

52.222-21

52.222-26

52.222-41

52.222-50

52.223-18

52.225-13

52.225-19

52.225-25

52.232-1

52.232-8

52.232-11

52.232-23

52.232-25

52.232-29

TITLE

DEFINITIONS

COVENANT AGAINST CONTINGENT FEES

RESTRICTION ON SUBCONTRACTOR SALES TO

THE GOVERNMENT

ANTI-KICKBACK PROCEDURES

CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

INCORPORATION BY REFERENCE OF REPS & CERTS

INVOICES

LIMITATION OF GOVERNMENT LIABILITY

CONTRACT DIFINITIZATION

NOTICE TO THE GOVERNMENT OF LABOR

DISPUTES

CONVICT LABOR

NONDISPLACEMENT OF QUALIFIED WORKERS

CHILD LABOR -COOPERATION WITH

AUTHORITIES AND REMEDIES

PROHIBITION OF SEGREGATED FACILITIES

EQUAL OPPORTUNITY

SERVICE CONTRACT ACT OF 1965,

(AS AMENDED)

COMBATING TRAFFICKING IN PERSONS

ENCOURAGING CONTRACTOR POLICIES TO

BAN TEXT MESSAGING WHILE DRIVING

RESTRICTIONS ON CERTAIN FOREIGN

PURCHASES

CONTRACTOR PERSONNEL IN A DESIGNATED

OPERATIONAL AREA OR SUPPORTING A DIPLOMATIC

OR CONSULAR MISSION OUTSIDE THE UNITED STATES

PROHIBITION ON ENGAGING IN SANCTIONED

ACTIVITIES RELATING TO IRAN

PAYMENTS

DISCOUNTS FOR PROMPT PAYMENT

EXTRAS

ASSIGNMENT OF CLAIMS

PROMPT PAYMENT

TERMS AND FINANCING OF PURCHASES OF

COMMERCIAL ITEMS

DATE

NOV 2013

MAY 2014

SEP 2006

MAY 2014

APR 2014

DEC 2014

APR 1984

APR 1984

OCT 2010

FEB 1997

MAY 2014

MAY 2014

JAN 2014

FEB 1999

MAR 2007

MAY 2014

FEB 2009

AUG 2011

JUNE 2008

MAR 2008

DEC 2012

APR 1984

FEB 2002

APR 1984

MAY 2014

OCT 2008

FEB 2002

52.232-30 INSTALLMENT PAYMENT FOR OCT1995

COMMERCIAL ITEMS

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS JUN 2013

52.233-2 SERVICE OF PROTEST SEP 2006

52.233-3 PROTEST AFTER AWARD AUG 1996

52.233-4 APPLICABLE LAW FOR BREACH OF OCT 2004

CONTRACT CLAIM

52.239-1 PRIVACY OR SECURITY SAFEGUARDS AUG1996

52.243-1 CHANGES-FIXED PRICE AUG1987

ALTERNATE I(APR 1994)

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS OCT 2014

52.253-1 COMPUTER GENERATED FORMS JAN 1991

C.2 - AIDAR 48 CFR CHAPTERS 7 CLAUSES:

NUMBER TITLE DATE

752.202-1 DEFINITIONS

752.204-2 SECURITY REQUIREMENTS

752.204-70 PARTNER VETTING PRE-AWARD REQUIREMENTS FEB 2012

752.209-71 ORGANIZATIONAL CONFLICTS OF INTEREST JUN 1993

752.225-71 LOCAL PROCUREMENT FEB 1997

752.7006 NOTICES APR 1984

752.7025 APPROVALS APR 1984

752.7035.1 PUBLIC NOTICES DEC 1991

C.3 - FEDERAL ACQUISITION REGULATION (48 CFRCHAPTER 1) FULL TEXT CLAUSES:

A. FAR 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (APR 2014)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, butwhich proposes to furnish an item which itdid not itself manufacture, is 500 employees.

(b) Submission of offers. Submitsigned and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers mustshow—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt ofoffers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This mayinclude product literature, or otherdocuments, if necessary;

(5) Terms of any express warranty;

(6) Price and anydiscount terms;

(7)"Remit to" address, if different than mailing address;

(8) Acompleted copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications thatthe offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and otherrelevant information); and

(11) If the offer is not submitted on theSF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance ofoffers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Procfucf samples. When required by the solicitation, product samples shall besubmitted ator prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted atno expense tothe Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Latesubmissions, modifications, revisions, andwithdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, orwithdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, thetime for receipt is 11:30 p.m., local time, for thedesignated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exacttime specified for receipt of offers is "late" and will not be considered unless itis received before award is made, theContracting Officer determines that accepting the late offer would not unduly delaythe acquisition; and—

(A) If itwastransmitted through anelectronic commerce method authorized bythe solicitation, itwas received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. oneworking day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt ofoffers and wasunder theGovernment's control prior to thetime set for receipt ofoffers;

or

(C) Ifthissolicitation is a request for proposals, itwasthe only proposal received.

(ii) However, a latemodification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at anytimeitis received and maybe accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, ororal testimony orstatements of Government personnel.

(4) If an emergency orunanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or othernotice of an extension of the closing date, the time specified for receipt of offerswill be deemed to be extended to the same timeof day specified inthe solicitation on the first work dayon which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. Ifthe solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at anytime before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contractwithout discussions with offerors. Therefore, the offeror's initial offer shouldcontain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions iflater determined bytheContracting Officer tobe necessary. The Government may reject any orall offers ifsuch action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities inoffers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability ofrequirements documents cited in the solicitation.

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to—

GSA Federal Supply Service Specifications Section Suite 8100

470 East L'Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department ofAgriculture, or Department ofVeterans Affairs issued this solicitation, a single copy ofspecifications, standards, and commercial item descriptions cited in this solicitation may beobtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued fora fee.

(2) Most unclassified Defense specifications and standards may bedownloaded from thefollowing ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/stait/).

(ii) Quick Search {http://ciuicksearch.dla. mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by-

(i) Using theASSIST Shopping Wizard (https://assist.dla.mil/wizard/inclex.cfm):

(ii) Phoning the DoDSSP CustomerService Desk(215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215)697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of

$3,000 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS+4" followed by the DUNS or DUNS+4 number that identifies the offeror's name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedqov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

(I) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, ifapplicable:

(1) The agency's evaluation ofthesignificant weak ordeficient factors in thedebriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) Asummary ofthe rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

{End ofClauses}

B. FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (DEC 2014)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance 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. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government mustexercise its post-acceptance rights—

(1) Within a reasonabletime afterthe defectwas 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.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance ofthis contract to a bank, trust company, orother financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Govemmentwide commercial purchase card), the Contractor may notassign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions ofthis contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure ofthe parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) 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.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (orelectronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

(iv) Description, quantity, unit ofmeasure, unit price and extended price ofthe items delivered;

(v) Shipping number and dateofshipment, including the bill of lading number and weight ofshipment if shippedon Government bill of lading;

(vi) Terms ofanydiscount for prompt payment offered;

(vii) Name and address ofofficial to whom payment is to be sent;

(viii) Name, title, and phone number ofperson to notify in event ofdefective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhereinthiscontract,

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the

RHP No. SOL-306-15-000030 applicable solicitation provision, contract clause (e.g., , Payment by Electronic Funds Transfer- System for Award Management, or , Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by

EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided theContractor is reasonably notified ofsuch claims and proceedings,

(i) Payment— (1)/tems accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act

(31 U.S.C. 3903) and prompt payment regulations at5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see52.212-5(b) for the appropriate EFTclause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made onthedate which appears onthe payment check orthe specified payment date if an electronic funds transferpayment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that theGovernment has otherwise overpaid on a contract financing or invoice payment, theContractor shall—

(i) Remit theoverpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery ordernumber, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractorpoint of contact.

(ii) Provide a copy ofthe remittance and supporting documentation totheContracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in41 U.S.C. 7109 , which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable foreach six-month period as fixed bythe Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decisionas required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractorfails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment,

(v) Amounts shall be due at the earliest ofthefollowing dates:

(A) The date fixed underthiscontract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery ofthe supplies toa carrier, if transportation isf.o.b. origin; or

(2) Delivery ofthe supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. Thecontract price includes all applicable Federal, State, and local taxes and duties.

(I) 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 ofthe work performed prior to the notice oftermination, plus reasonable charges 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 theGovernment any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the eventofanydefault 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 offuture performance. In theevent 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.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless ofwhen orwhere the Government takes physical possession.

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

(p)Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government forconsequentialdamages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executiveorders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C.

1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C.

431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87. Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1)The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to

Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation orcontract, including any license agreements for computer software.

(5) Solicitation provisions ifthis is a solicitation.

(6) Other paragraphs of thisclause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9)The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the dateof initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of thiscontract and is nota substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum ofone business day's written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements ofSubpart 42.12: and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension ofPayment" paragraph ofthe electronic funds transfer (EFT) clause ofthis contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose ofassignment ofclaims (see Subpart 32.8.

Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFTclause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acqLiisition.gov.

(u) Unauthorized Obligations

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entityfor damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable againstthe Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of itappearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via theSystem for Award Management (SAM), are incorporated by reference into thecontract.

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C.4 - EXECUTIVE ORDER ON TERRORISM FINANCING:

The Contractor is reminded that U.S. Executive Orders (including E.0.13224) and U.S. law prohibit transactions with, and the provision of resources and support to, individuals and organizations associated with terrorism. FAR

25.701 prohibits agencies and their contractors and subcontractors from acquiring any supplies or services from individuals or organizations, if any proclamation, Executive Order, Office of Foreign Assets Control (OFAC) regulations, or statute administered by OFAC would prohibit such a transaction. Accordingly, the Contracting

Officer must check the U.S. Department oftheTreasury's OFAC List toensure that the names ofthe Contractor and proposed subcontractors (and individuals from those organizations who have been made known to them), are not on the list. Mandatory FAR clause 52.225-13 Restrictions on Certain Foreign Purchases is included by reference in Section Iofthis contract. By accepting this contract, the Contractor acknowledges and agrees that it is aware ofthe list as partofitscompliance with the requirements ofthatclause.

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C.5 • SUB-AWARD REQUIREMENTS (MARCH 2012):

(a) Applicability: This section limits the number of tiers of sub-awards to two tiers below the awardee for all Contracts and Cooperative Agreements. The awardee must not allow lower-tier sub-awards without the express written approval ofthe Contracting/Agreement Officer.

(b) Definitions: The term "award" in this clause refers toeither the direct contract between USAID and the prime contractor or a direct Cooperative Agreement between USAID and the recipient. A "first-tier sub-award" is a direct award between theawardee anda sub-awardee (the "first-tier sub-awardee"). A"second-tier sub-award" is a direct award between thefirst-tier sub-awardee and its sub-awardee (the "second-tier sub-awardee").

(c) USAID's objective is to promote, to theextent practicable, competitive, transparent and appropriate local sub-awards with legitimate and competent sub-awardees. Awardee will ensure thatall sub-awardees at anytier are actively engaged in the performance of sub-awarded work. Awardee will ensure that sub-awardees do not engage in "brokering" or "flipping" their sub-awards under this award and that all sub-awardees at any tier self-perform appropriate portions of the work. "Brokering" or "flipping" is the practice ofa sub-awardee receiving a sub-award and either selling suchsub-award or not performing a significant percentage ofthe work with thesub-awardee'sown organization.

(d) Should exceptional circumstances warrant sub-awards below two tiers, the Awardee will promptly request approval in writing from the Contracting/Agreement Officer, which for contracts may bedonein conjunction with a requestunderFAR 44, provided that the additional information set…