ESP_Draft_Contract_7-30-2015.docx

1. THIS CONTRACT IS A RATED ORDER

RATING

PAGE OF

PAGES

UNDER DPAS (15 CFR 700)

2. CONTRACT NUMBER

3. SOLICITATION NUMBER

4. TYPE OF SOLICITATION

5. DATE ISSUED

6. REQUISITION/PURCHASE NUMBER

SEALED BID (IFB)

NEGOTIATED (RFP)

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

(If other than Item 7) NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

9. Sealed offers in original and __3_ copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in USAID/Afghanistan.

until local time _______________________ (Date) CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.215-1. All Offers are subject to all terms and conditions contained in this solicitation.

A. NAME

B. TELEPHONE (NO COLLECT CALLS)

C. E-MAIL ADDRESS

AREA CODE

NUMBER

EXTs.

(X)

SEC.

DESCRIPTION

PAGE(S)

(X)

SEC.

DESCRIPTION

PAGE(S)

PART I - THE SCHEDULE

PART II - CONTRACT CLAUSES

A

SOLICITATION/CONTRACT FORM

I

CONTRACT CLAUSES

B

SUPPLIES OR SERVICES AND PRICES/COSTS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

C

DESCRIPTION/SPECS./WORK STATEMENT

J

LIST OF ATTACHMENTS

D

PACKAGING AND MARKING

PART IV - REPRESENTATIONS AND INSTRUCTIONS

E

INSPECTION AND ACCEPTANCE

F

DELIVERIES OR PERFORMANCE

G

CONTRACT ADMINISTRATION DATA

L

INSTR., CONDS., AND NOTICES TO OFFERORS

H

SPECIAL CONTRACT REQUIREMENTS

M

EVALUATION FACTORS FOR AWARD

K

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

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

12. In compliance with the above, the undersigned agrees, if this offer is accepted within __ 180 days___ calendar days from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

10 CALENDAR DAYS (%)

20 CALENDAR DAYS (%)

30 CALENDAR DAYS (%)

CALENDAR DAYS (%)

(See Section I, Clause No. 52-232-25)

14. ACKNOWLEDGEMENT OF AMENDMENTS

AMENDMENT NO.

DATE

AMENDMENT NO.

DATE

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated:

CODE

FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

15A. NAME AND

ADDRESS

OF OFFEROR

(Type or print)

15B. TELEPHONE NUMBER

17. SIGNATURE

18. OFFER DATE

AREA CODE

NUMBER

EXT.

15C. CHECK IF REMITTANCE ADDRESS IS DIFFERENT FROM

ABOVE - ENTER SUCH ADDRESS IN SCHEDULE

19. ACCEPTED AS TO ITEMS NUMBERED

20. AMOUNT

21. ACCOUNTING AND APPROPRIATION

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

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

(4 copies unless otherwise specified) 10 U.S.C. 2304(a) ( ) 41 U.S.C. 253(c) ( )

24. ADMINISTERED BY (If other than Item 7)

25. PAYMENT WILL BE MADE BY

CODE

CODE

26. NAME OF CONTRACTING OFFICER (Type or print)

27. UNITED STATES OF AMERICA

28. AWARD DATE

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

(Signature of Contracting Officer)

(REV. 9-97)

10. FOR INFORMATION CALL:

11. TABLE OF CONTENTS

STANDARD FORM 33

SOLICITATION, OFFER AND AWARD

SOLICITATION

OFFER (Must be fully completed by offeror) AWARD (To be completed by Government) N/A 45

X

Office of Acquisition and Assistance USAID/Afghanistan

4:00 pm December 15, 2009

202 216-6288 x4641 x4339 kabulaidoaamailbox@usaid.gov

See Attached Table of Contents pages 3-5

X X X X X X X

X X

X X X X

Contents

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PURPOSE

The purpose of the contract is to provide resident professional architect and engineering (A&E) services in the sectors of transportation, vertical structures, energy and water and sanitation to USAID/Afghanistan as detailed in Section C.

B.2 CONTRACT TYPE

This is a Time-and-Materials Contract utilizing fixed daily rates for U.S. Expatriates and reimbursement of actual salaries for locally hired national professionals and other non-U.S. expatriates.

The Government will request the work through the issuance of job orders during the performance period as specified in Section F in accordance with performance standards specified therein. The Contractor must perform the services set forth in job orders at prices consistent with section B of this contract. Job orders will be charged to the contract.

B.3 CONTRACT CEILING AND OBLIGATED AMOUNT

(a) The total contract ceiling for this award is $125,000,000.

(b) The amount currently obligated and available for reimbursement of allowable costs incurred by the Contractor for performance hereunder is $TBD . The Contractor shall not exceed the aforesaid obligated amount.

B.4 LABOR

(a) U.S. Expatriate Professionals – Fixed Daily Rates

Each job order shall cite the applicable labor category fixed daily rates specified in the Table of Fixed Daily Rates in Section B.4(a)(1) below. Each fixed daily rate listed below is "loaded" and must only include the following:

- Salary cost or consulting fee of the individual providing the services;

- Payroll costs (fringe benefits, FICA, etc.);

- Indirect costs applicable to labor; and

- Profit or fee, if any.

Danger pay allowance, post differential, and other allowances are budgeted as direct costs, but are not and must not be included in the fixed daily rate. Fixed daily rates must include consideration of the contractor's established personnel policies and procedures, except what is covered as Other Direct Costs in B.5. Fixed Daily Rates must not include or be applied to costs covered as other direct costs in Section B.5, such as travel and transportation, local office, etc.

The Fixed Daily Rates set forth below must be fixed for the contract period, and include subcontractors set forth in Section H.19. If a new subcontractor is proposed on other than a fixed-price basis, the Fixed Daily Rates set forth below normally apply, and the new subcontract is subject to consent by the CO.

(1) Table of Fixed Burdened Daily Rates

FIXED BURDENED DAILY RATES

Architect

Senior

Mid-Level

Junior

Civil Engineering

Senior Civil Engineer

Mid-Level Civil Engineer

Junior Level Civil Engineer

Construction Manager

Senior Level Engineer

Mid-Level Engineer

Junior Engineer

Electrical Engineering

Senior Electrical Engineer

Mid-Level Electrical Engineer

Junior Electrical Engineer

Environmental Engineering

Senior Environment Engineer

Mid-level Environment Engineer

Junior Environment Engineer

Mechanical Engineering

Senior Mechanical Engineer

Mid-level Mechanical Engineer

Junior Mechanical Engineer

Structural Engineering

Senior Structural Engineer

Mid-level Structural Engineer

Junior Structural Engineer

Transportation Engineer

Senior Transport Engineer

Mid-level Transport Engineer

Junior Transport Engineer

Water Resources Engineer

Senior

Mid Level

Junior

IT/Database

Senior

Mid level

Junior

Scheduler/Planner

Senior

Mid-level

Junior

Security Management

Senior

Mid-level

Junior

Program Management

Chief of Party

Deputy Chief of Party

Finance/Contract Administrator

Home Office Support

(2) Labor Categories - Level of Qualification

In order to perform the services set forth in Section C., the Contractor must provide the education and experience levels (e.g., CVs/resumes, NOT salary/rate histories under biographical data sheets) as indicated below of the specific Functional Labor Categories listed above. The qualifications in the categories must correspond to the applicable fixed daily rates provided in Section B.4.(a)(1).

JD / ABD

MS,MA, MBA BS, BA

JD / ABD

MS, MA, MBA

BS, BA

JD / ABD

MS, MA, MBA

BS, BA

Less than Bachelor's

*Highest degree obtained should be related to work being performed.

** In addition to the requirements for the senior level positions, the program manager and team leaders must possess at least 15 years of relevant work experience and have a Professional Engineering (PE) license.

(b) Locally-Hired National Personnel or Other Non-U.S. Expatriates

All locally hired national personnel and other non-U.S. expatriates must be paid in accordance with AIDAR 722.170(a). Third Country Nationals (TCNs) and Cooperating Country Nationals (CCNs) who are working in the United States or are legal residents of the United States at the time they are hired must be extended benefits and are subject to restrictions on the same basis as U.S. citizens who work in the United States. The U.S. fixed daily rates will be applied to TCNs and CCNs conforming to this regulatory provision.

Salaries for individual locally-hired personnel and other non-U.S. expatriates under this contract or any resulting subcontract must be in accordance with AIDAR 752.7007, Personnel Compensation, the full text of which is in section H. Salaries should be based upon a combination of factors including prevailing in-country salaries for the professional category being negotiated and consideration of the individual's education, work experience and recent relevant salary history as supported by biographical data sheets.

B.5 OTHER DIRECT COSTS (MATERIALS)

(a) Materials necessary for the performance of the work under job orders, such as travel and transportation, lodging and subsistence are authorized in this contract. Any cost elements included in the fixed daily rates must not be charged as another direct cost.

(b) The CO determines which other direct costs are allowable, allocable, and fair and reasonable in accordance with the applicable federal cost principles (i.e., FAR 31.2 and AIDAR 731.2 for commercial (for profit) organizations or FAR 31.3 and AIDAR 731.3 for educational institutions, or FAR 31.7 and AIDAR 731.7 for other not-for-profit organizations). For those other direct costs the CO authorizes, contractors are allowed to recover applicable indirect costs on these costs, if doing so is part of the contractor's usual accounting procedures, consistent with the applicable cost principles, and are included in the contractor's Negotiated Indirect Cost Rate Agreement.

(c) No profit or fee will be applied to other direct costs, in accordance with FAR 16.601.

B.6 INDIRECT COSTS (APPLICABLE TO ODCs)

For the Prime Contractor:

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

Description Rate Base Type Period

TBD 1/ 1/ 1/

1/Base of Application:

Type of Rate: Predetermined Period:

For Major Subcontractor(s):

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

Description Rate Base Type Period

TBD 1/ 1/ 1/

1/Base of Application:

Type of Rate: Predetermined Period:

“Major Subcontractors” are those subcontractors whose proposed cost exceeds 20% of the offeror’s total proposed cost.

B.7 CEILING ON INDIRECT COSTS

For the Prime Contractor:

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

Description Rate Base Type Period

TBD 1/ 1/ 1/

1/Base of Application:

Type of Rate: Predetermined Period:

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

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

For the Major Subcontractor(s):

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

Description Rate Base Type Period

TBD 1/ 1/ 1/

1/Base of Application:

Type of Rate: Predetermined Period:

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

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

[END OF SECTION B]

SECTION C - DESCRIPTION OF DESIGN/ENGINEERING SERVICES

ENGINEERING SUPPORT PROGRAM (ESP)

I. INTRODUCTION

USAID’s Engineering Support Program (ESP) will ensure the integrity of USAID-supported infrastructure projects in Afghanistan. While progress has been made in the infrastructure sector, Afghanistan’s infrastructure has not fully recovered from the devastation caused by years of war. The task of securing gains made over the last fourteen years still requires support from the donor community. Between 2002 and 2015, the United States Agency for International Development (USAID) invested heavily in large infrastructure projects. USAID is completing many of these infrastructure projects; however, several major infrastructure projects and numerous minor construction activities, with total estimated costs of more than a billion dollars, still need to be completed. This project continues the support of USAID’s Engineering, Quality Assurance, and Logistical Support (EQUALS) and Architectural and Engineering Support Program (AESP) by providing the Mission with the engineering support and technical expertise to successfully implement its remaining infrastructure and construction activities.

II. BACKGROUND

Although much progress has been made, Afghanistan’s infrastructure has not fully recovered from the devastation caused by the ravages of war, lack of regular maintenance and scant investment in physical infrastructure. The task of stabilizing and rebuilding Afghanistan is immense and requires the support of the donor community.

Activities performed under this Contract will complement and reinforce the activities and engineering expertise of USAID. USAID’s infrastructure programs are in the following sectors:

1. Transportation (roads, rail and airports). These services include the design of transportation systems, primary and secondary roads and bridges. The primary focus has been roads, however; additional activities may include: airports and rail.

2. Vertical Structures (structural assessment, and design of schools, clinics, government centers and other buildings, including temporary spaces). These services include the structural assessment and design of education, health, judicial, general government facilities, agriculture, industrial parks and other structures.

3. Energy (generation, transmission, distribution and regulation). These services include the design of multiple power networks from generation to distribution, and regulation, small scale systems, renewable energy systems and hybrid systems.

4. Water and Sanitation (urban and rural water supply systems, sanitation facilities, hygiene behavior change, and irrigation). These activities include the planning, assessment, design and training for water resource management, urban and rural water systems, drainage basins and irrigation systems, dams and storage reservoirs, flood control programs, domestic and industrial water supply, and the exploration and development of groundwater resources.

The Contractor must provide a wide range of technical and logistical support, across the above four sectors, with a focus on design, construction supervision, quality assurance, and other Architect- Engineer (A&E) services to help ensure that the construction projects of USAID and GIRoA meet prescribed standards and contract specifications. USAID’s ESP also contributes to Tier 5 of USAID’s Multi-Tier Monitoring strategy supporting compliance with required Mission and Agency policies.

III. SCOPE OF WORK

This Contract must provide USAID with independent engineering support, construction supervision, and quality assurance for ongoing and planned construction, design and operations, and maintenance projects for all areas of USAID supported infrastructure.

Engineering support, construction supervision and quality assurance monitoring is necessary to ensure that infrastructure facilities are built to pre-determined engineering and safety standards and according to the terms of USAID’s contract with the partner implementing the infrastructure project. The services provided benefit a range of USAID/Afghanistan’s offices that rely on infrastructure to accomplish their development objectives including Agriculture, Health, Democracy and Governance, and Education. These services provided are for support of both “off-budget” (direct USAID implemented construction) as well as “on-budget” (Government of Afghanistan construction funded by USAID) activities. Both on and off budget requests and services must be approved by USAID.

This contract complements and reinforces the activities and engineering expertise of USAID’s staff. The Contractor must provide a full range of long-term and quick response professional architectural and engineering services, quality assurance services, and other logistical and technical support across all sectors (transport, vertical structures, energy, and water, and sanitation) for USAID/Afghanistan’s infrastructure programs. This also includes direct interaction with USAID’s Afghan partners, such as Da Afghanistan Breshna Sherkat (DABS), conducting construction through USAID’s on-budget funded programs.

IV. DETAILED WORK REQUIREMENTS

This contract uses a Job Order system to respond to assigned activities which optimize response time, home office reach back, and in providing deliverables. As a support activity, the Contractor’s objective will not be to directly construct infrastructure, but to support USAID and GIRoA in ensuring infrastructure integrity. As this is a follow-on activity, the Contractor must conduct a handover of activities from an existing Contractor. The Contractor must, when directed by the Contracting Officer and the Contracting Officer’s Representative, provide services which include, but are not limited to:

Planning: The Contractor must provide high quality engineering and technical assistance and recommendations in the planning of new activities requested, which includes conceptualization, analysis, and approval documentation.

Example Services:

0. Master planning for multi-phase projects

0. Assess capability gaps and infrastructure needs that must be addressed prior to the start of future projects

0. Carry out pre-design site assessments

0. Provide cost estimates

0. Develop conceptual engineering designs

0. Conduct an assessment of alternatives or value engineering

0. Draft operations, maintenance, and financing plans collaboratively with stakeholders

Design: The Contractor must manage in a timely manner the preparation of detailed engineering designs, plans, and cost estimates for assigned programs and activities, and ensure that they comply with appropriate national and international standards and reflect Agency and international best practices.

Example Services:

1. Develop engineering and seismic requirements

1. Provide drawings and specifications

1. Develop construction schedule

1. Review Technical Designs

1. Develop Environmental Mitigation and Monitoring Plan

1. Estimate Construction Costs

1. Assess alternative design components

Construction Supervision: The Contractor must provide project management oversight support for construction contracts/agreements.

Example Services:

1. Provide expert technical oversight, advice, and support to personnel engaged in infrastructure design, implementation, and/or program modifications

1. Perform administrative functions including, but not limited to, prepare reports, estimate expenditures, review and provide recommendations on payment vouchers, assist in response to audits, assess claims, and perform other related activities

1. Provide administrative, technical, and personnel support to augment host country implementing departments’ capacity to effectively achieve project objectives for on-budget activities

Quality Assurance Services: Quality Assurance (QA) is defined as the functions and associated actions performed by the Government to ensure that contract requirements are performed in accordance with specified standards, and that an appropriate level of Contractor quality control activities is in place and operational. The Contractor must monitor and evaluate the construction projects implemented by other contractors, grantees and partners through certified engineers and professionals according to international performance standards.

Example Services:

1. Review material and equipment submittals for compliance with approved quality standards

1. Review and analysis of material field tests and reports

1. Monitor the delivery of goods, their installation, and other services through field inspections, review contractor reports, and meet project personnel and implementer representatives to ensure contract standards are satisfied

1. Measure and monitor cost, schedule and performance

1. Evaluate completed projects or project components and document findings for the improvement of future projects or project components

1. Monitor existing work by others in any of the construction stages

1. Monitor implementation status of operations, maintenance, and financing plan

Mentoring/Capacity Building Services: The Contractor will implement a technical mentoring/capacity building component that provides opportunity for technical development of local staff.

Example Services:

a. On-the-job training to align Afghan staff with international best practices including innovative technologies

b. Develop manuals and guides, such as training manuals, construction guides, and equipment guides

c. Employee mentoring program for Afghan ESP staff

d. Local university engagement program

e. Female internship program

V. KEY PERSONNEL REQUIREMENTS

A. Chief of Party (COP) The Contractor must designate a COP as the primary point of contact whom USAID may contact for procedural and substantive matters. The COP bears primary responsibility for all technical aspects of contract performance as well as management related requirements of the contract. The COP must have strong writing and oral presentation skills, and be knowledgeable about the overall technical, administrative, and logistical responsibility for the effective, efficient, and timely implementation of all activities undertaken by the Contractor.

The COP must hold at least a bachelor’s degree in engineering, business, or related degree. The COP is must possess 15 years’ experience in design, construction, and quality assurance of infrastructure projects and at least 10 years’ experience working in developing countries. In addition, the COP must have at least 10 years’ experience in senior positions of project management.

B. Deputy Chief of Party (DCOP) The Contractor must designate a DCOP whom serves as the acting point of contact when the COP is on leave. The DCOP must coordinate and support the COP in management of all technical aspects of contract performance as well as management related requirements of the contract.

The DCOP must hold at least a bachelor’s degree in engineering, business, or related degree. The DCOP must possess 10 years’ experience in design, construction, and quality assurance of infrastructure projects and at least 8 years’ experience working in developing countries. In addition, the DCOP must have at least 8 years’ experience in senior positions of project management.

C. Finance/Contract Administrator The Contractor must designate a Finance/Contract Administrator responsible for the management and administration of the contract on areas such as procurement/subcontracting, personnel, reporting, and financial administration. The Finance/Contract Administrator must have strong administrative skills to manage contracts, budgets, and accurately report on the multiple Job Orders of the contract.

The Finance/Contract Administrator must hold at least a bachelor’s degree in a relevant field. The Finance/Contract Administrator must possess 10 years’ experience in managing complex contracts, projects, or budgets of relevant scope and scale.

D. Other Personnel Requirements Technical Specialists (Long-term and Short-term): The Contractor must provide technical specialists in the following technical areas as needed in Job Orders:

· Architect

· Civil Engineer

· Construction Manager

· Electrical Engineer

· Environmental Engineer

· Mechanical Engineer

· Structural Engineer

· Transportation Engineer

The Contractor must be able to respond to a wide range of needs, demonstrate flexibility, and have sufficient staff to carry out simultaneous activities in numerous geographic locations. The Contractor must utilize local Afghan Engineers whenever feasible and to the greatest extent possible. The Contractor is also encouraged to use Afghan public and private institutions, local NGOs, local CSOs and other Afghan entities whenever feasible in the implementation of Job Orders.

Minimum qualifications: Engineers must have at a minimum BS degree or equivalent from an accredited college or university in the appropriate branch of engineering, candidates with advanced degrees preferred. The Contractor, in collaboration with the COR, will determine the specific requirements and qualifications of the specialists needed for specific Job Orders. All technical specialists must have specific experience and qualifications that are directly relevant to the Job Order on which they work.

VI. GEOGRAPHIC FOCUS

The Contractor must maintain a presence in Kabul, Afghanistan with a limited number of International Personnel to support an office space accessible to facilitate meetings with US Embassy and GIRoA personnel. Field operations will be throughout Afghanistan to best serve specific needs of Job Orders. To support collaboration with USAID, the Contractor must have meeting facilities within one mile of the USAID compound.

VII. GENDER CONSIDERATIONS

Women can play a meaningful role in infrastructure development at all levels in Afghanistan. The Contractor must ensure that activities are responsive to gender considerations and seek to ensure that the assistance provided and the results achieved are beneficial to both women and men. The Contractor must also include Gender indicators to measure progress and outcome/impact in all activities.

USAID’s Gender Analysis from the Technical Assistance for Roads Project (January 2013), Afghanistan Industrial Parks Development Program (January 2012) and Power, Transmission, Expansion and Connectivity Project (January 2012), provide illustrative recommendations for incorporating gender equity, including, setting up a mentoring program, preferential awards to Afghan women-owned business, and establishing a women’s advisory committee for regular consultation with future projects. Gender Equality and Female Empowerment Policy link: http://www.usaid.gov/documents/1870/fact-sheet-gender-equality-female-empowerment-policy

Statistics suggest that there are at least 5,000 women with engineering degrees in Afghanistan, yet only a negligible number of female civil engineers appear to be actively working in their professional capacity. The lack of women employed in the engineering sector is problematic in many of USAID partner ministries. Many Afghan government ministries do have Gender Units; however, they have difficulty mainstreaming gender throughout their institutions.

Making a conscientious accommodation to meet cultural requirements within engineering firms, on-the-job training for women, female internships, and supporting female engineering professional societies can substantially empower women’s full participation in the design, management, and operations of ESP activities. Building on USAID’s experience from the engineering internship program targeting female engineering students implemented under USAID’s Afghanistan Engineering Support Program (AESP), the Contractor is encouraged to contract with female owned businesses and must implement a new engineering internship program. This engineering internship program must include both classroom-based and on-the-job educational opportunities. The Contractor must recruit qualified female engineers from local universities and develop a robust internal internship program to develop their engineering skills. Throughout the project, the Contractor must recruit qualified women for consultant, leadership and management positions. The Contractor should consider other USAID programs, such as PROMOTE, in which to coordinate female outreach and development activities.

VIII. RELEASE OF INFORMATION

The Contractor must not, unless authorized in writing by the Contracting Officer, release or provide any information or interpretation concerning data prepared under this contract to prospective construction contractors, manufacturers, or suppliers for their use in bidding or submitting quotations. The Contractor must be aware of and take such precautionary measures as necessary to maintain the confidential nature of all work prepared under this contract. Any quantity surveys and cost estimates prepared by the firm under this contract for use either by the Government or the firm must be considered privileged information and will not be divulged to any third party.

IX. CONFLICT OF INTEREST

The Contractor, its representatives, its subcontractors, or employees performing work under the subject contract must not subsequently provide services of a professional nature to any Contractor, subcontractor, or consultant responsible for any phase of construction of any project developed under the subject contract, participate in construction, or design-build construction contract. In addition, no firm, its subcontractors, or individual performing work under the subject contract must, unless authorized in writing by the Contracting Officer, release or provide any information or interpretations concerning data prepared under this contract to prospective construction Contractors, manufacturers, or suppliers for their use in bidding or submitting quotations.

X. SITE VISITS, INSPECTIONS AND INVESTIGATIONS

The firm may need to visit and inspect/investigate the site of the project as necessary and required during the preparation and accomplishment of the work under each Job Order. Prior to any site visit, the firm must notify the COR of the visit date. All travel, costs, and expenses incurred by the firm or their representative(s) including consultants for such site visits, inspections, and investigations must be outlined in the proposal and included in the price of each Job Order as expenses.

XI. CONFERENCES AND MEETINGS

The Contractor must attend and participate in all project conferences pertinent to the services as defined by the particular Scope of Work under each Job Order. Periodic meetings may be held whenever requested by the Government, or the Contractor, for discussion of questions and problems relating to the services required under each Job Order.

At the option of the Contracting Officer, the Contractor may be required to attend and participate in other conferences in addition to those included in each Job Order. Labor and travel costs for such meetings/conferences will be negotiated and included by modification to the Job Order.

XII. QUALITY CONTROL

Professional level skills and management practices are required in the performance of each job order under this contract. Accordingly, the firm must establish an effective quality control program to assure that the job order end products meet professional standards and complies with the various requirements.

[END OF SECTION C]

SECTION D - PACKAGING AND MARKING

D.1 AIDAR 752.7009 MARKING (JAN 1993)

(a) It is USAID policy that USAID-financed commodities and shipping containers, and project construction sites and other project locations be suitably marked with the USAID emblem. Shipping containers are also to be marked with the last five digits of the USAID financing document number. As a general rule, marking is not required for raw materials shipped in bulk (such as coal, grain, etc.), or for semi-finished products which are not packaged.

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

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

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

D.2 BRANDING POLICY

The Contractor shall comply with the requirements of the USAID “Graphic Standards Manual” available at www.usaid.gov/branding, or any successor branding policy.

D.3 BRANDING STRATEGY

In accordance with provision D.2 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 May 5, 2009) 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.

ESP requires a program-specific Branding Implementation Plan (BIP) and Marking Plan (MP) to be implemented by the contractor. The Marking Plan may include requests for exceptions to marking requirements or programmatic reasons, to be approved by the Contracting Officer. Waivers, as defined by ADS 320, may be necessary for compelling political, safety or security concerns, or if the marking will have an adverse effect in the host country. Contract deliverables to be marked with the USAID identity must follow design guidance for color, type, and layout in the Graphic Standards Manual.

Program Name: ENGINEERING SUPPORT PROGRAM (ESP)

Branding Strategy:

How the USAID logo will be positioned on materials and communications: All USAID logos on materials and communications produced under this contract will be positioned in accordance with the standardized USAID regulations on branding. In cases when the activity is jointly sponsored with other U.S. Government (USG) and non-USG entities, the names and/or logos of these entities will be mentioned in the branding, with an equal level of prominence to the USAID logo.

Desired level of visibility: All branding must comply with the standardized USAID regulations on branding. All branding for USAID, its partners, and other USG and non-USG entities engaged in a specific activity implemented under this contract, must have equal representation on all public or internal documentation, publications, advertising, presentations, brochures, etc.

Other organizations to be acknowledged: When activities occur in coordination with other USG or non-USG partners, acknowledgement of the contribution and efforts of these organizations will be included in any relevant public or internal documentation, publications, advertising, presentations, brochures, etc.

SECTION D

[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 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.

E.2 INSPECTION AND ACCEPTANCE

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

or at any other location where the services are performed and reports and deliverables or outputs are produced or submitted. The COR, named in a separate designation letter, will be delegated authority to inspect and accept all services, reports and required deliverables or outputs.

[END OF SECTION E]

SECTION E

SECTION F - DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

F.2 PERIOD OF PERFORMANCE

The period of performance for this contract is three (3) base year with two (2) one-year options.

Base Year is from __XXXXXXXX__ to _XXXXXXXX__.

Option Year 1 is from __XXXXXXXX__ to _XXXXXXXX__.

Option Year 2 is from __XXXXXXXX__ to _XXXXXXXX__.

F.3 PLACE OF PERFORMANCE

Performance of this contract will be in Afghanistan.

F.4 PROJECT MANAGEMENT/JOB ORDERS

A. Ordering:

A&E services will be requested in writing through issuance of Job Orders (JO). The Job Order will be a letter or other written communication signed by the Contracting Officer.

The Government request for Job Order proposal will delineate (1) general scope of work; (2) location of work; (3) character and extent of services; (4) specific technical requirements as contained in the basic contract; and (5) time period(s) within which the work must be performed.

The Contractor must prepare an estimate of their time and cost(s) by the specified response time in order to perform the work chargeable to the base contract and submit their proposal in writing to the CO within the time specified in each request for proposal letter.

Each JO will: a) be sequentially numbered, b) contain the agreed to Scope of Work, services to be performed, specific deliverables and deliverables schedule, and c) negotiated budget amount and subcontract consent, if required, for performing the work.

The Job Order will be a letter or other written communication signed by the Contracting Officer. The Contracting Officer has sole authority to issue Job Orders and authorization to proceed.

The Contractor must submit a written request for the approval of a Job Order, through the Contracting Officer’s Representative to the Contracting Officer. In addition to a description of how work will be carried out, the Job Order proposal must include benchmarks, subcontractors (if known), a detailed not-to-exceed budget, and the following, as applicable:

· Specific performance or quality standards

· Environmental review conclusions and recommended actions

· O&M issues and recommended actions

· Implementation Plan and Schedule of Deliverables

The USAID Contracting Officer may issue unilateral Job Orders based on the information received in an assessment or implementation plan with ceiling costs when deemed necessary to effect a rapid intervention. If the Contractor finds that it cannot proceed with a subcontract or purchase of goods/services as described in the approved Job Order for reasons beyond its control, the Contractor must seek and obtain written approval by the Contracting Officer with technical concurrence from the Contracting Officer’s Representative. USAID will not be liable for any costs incurred by the Contractor in excess of that contained in the Job Order.

B. Errors and Negligent Performance:

If Job Order deliverables are found to be unsatisfactory or unacceptable, the Contractor must rework the project at no additional increase to the total estimated cost of the JO. The Contractor must correct or revise any errors, omissions, or deficiencies in designs, drawings, specifications, estimates, and other services without additional compensation.

The Contractor must remain liable in accordance with applicable laws for all damage caused by the Contractor or its consultants, negligent performance of any of the services furnished under the contract, or failure to comply with any applicable legal or contractual obligations. Design errors or omissions or other failures that constitute negligent performance or breach of a contractual obligation, resulting in damages or extra cost to the Government will be evaluated for potential Contractor financial liability. If the Government determines the Contractor is liable for any such deficiency, the Contracting Officer will notify the Contractor.

C. Acceptance:

Tentative acceptance of work delivered in any installment will be the basis for estimating partial payments for completed work but must not be construed as final acceptance. Work tentatively accepted but proven by subsequent inspection to be not acceptable must be corrected by the firm in accordance with FAR 52.246-4, Inspection of Services - Fixed-Price. Final acceptance of the work will not be made until all work under the Job Order has been delivered and found to be acceptable.

F.5 REPORTS AND DELIVERABLES OR OUTPUTS

The Contactor must submit the following deliverables or outputs to the COR.

1) Sector reports

For construction work, additional deliverables may be submitted to the COR and the respective USAID Team leaders for specific sectors transportation, vertical structures, energy water and sanitation). Detailed deliverables and delivery dates will be specified in individual job/work orders. As needed or determined by the COR, the following Sectors must be provided by the contractor:

a) Semi-Monthly Inspection Reports: the Contractor must submit semi-monthly reports describing the results of the regular inspections. The reports should describe the implementing partner’s activities during the period, the Contractor’s findings with regard to the implementing partner’s compliance with contract specifications and schedule, deviations from the contract, if any and the recommend actions, and status of corrective actions taken to address deviations identified in previous reporting periods. Materials, test results and the progress of work.

b) Substantial completions Inspection Reports: the Contractor must submit a report describing results of the substantial Completion Inspection and Punch List of items requiring corrective actions no later than five days after the inspection.

c) Punch List Verification Inspection Report: No later than five days after the inspection, the Contractor must submit a report describing the status of corrective actions with regard to the Punch List items and modify the Punch List as necessary.

d) Final Inspection Report: No later than five days after the final inspection, the Contractor must submit a report to confirm completion of all Punch List activities.

e) Final Warranty Inspection Report: Not later than five days after the final warranty inspection, the Contractor must submit a report to confirm completion of all corrective actions on deficiencies identified during the warranty period. The warranty period must cover a full year from the time of completion.

f) Other reports as needed

2) Quarterly/Annual Reports

a) Progress Reports: The Contractor must submit quarterly progress reports, and a combined quarterly/annual progress report, no more than 15 days after the end of the reporting period. These reports must summarize progress of the major activities during the period of performance indicating any problems encountered that could have an adverse effect on budget, scheduling, quality of work and/or safety, and propose remedial actions as appropriate. The Contractor must promptly notify the Contractor Officer (CO) and the COR of any problems, delays, or adverse conditions, which materially impair the contractor's ability to meet the requirements of the contract.

b) Financial Reports: The Contractor must submit to the COR, CO, and OFM brief Quarterly Expenditure Reports which will contain a summary page which shows spending by category for the quarter, cumulative spending to date, available funding for the remainder of the activity and any variances from planned expenditures. If there are significant accrued expenditures for the quarter being reported upon which for some reason have not yet been billed to the contract, the Contractor will include a brief note to that effect, with the specific amount involved, thus enabling the COR to accurately track the expenditure rate. These reports will be submitted approximately two weeks before the end of the quarter.

3) Work Plan

The Contractor will submit a Work Plan with an organizational chart no later than 60 days after contract award to the COR. This plan will be subject to written approval by the COR. The Work Plan will include the following: approach, staffing, mobilization, life support, logistics, cost control, QA (internal), and reporting chain. The work plan should be established based upon the U.S. Government’s fiscal calendar.

4) Weekly Meetings

The Contractor will hold weekly meetings with the COR to discuss reports and resolve problems as required. The quarterly report must include the minutes of the weekly meetings and action taken on issues raised in the previous meeting.

5) Monitoring and Evaluation (M&E) Plan

The Contractor must submit a M&E Plan within 60 days of the contract award for approval by the COR. The M&E Plan will include the start date of each activity and the expected completion date. Milestones will be established on an activity basis. The M&E Plan will provide a tool for management to track the performance of the contractor. The M&E Plan design should allow results to be tracked by Program Element. For example, if an indicator tracks quality assurance inspections, these must be able to be disaggregated by the corresponding Economic, Health, Education or other Program Element.

6) Security Plan

Security for the Contractor’s personnel and offices is the responsibility of the Contractor. The Contractor must assess the security situation in Afghanistan, and particularly in the provinces targeted by the program, and institute appropriate security measures. The Contractor is responsible for establishing a security plan allowing completion of contract objectives in a conflict environment. During contract performance if security factors are expected to disrupt implementation or to cause delay in attaining established targets, it is the Contractor’s responsibility to immediately notify the COR.

The Contractor must develop a security plan within 60 days of contract award for approval by the COR. The plan must include: adequate requirements for protecting all contractor personnel in the field and USAID staff when appropriate, and at the base of operations, contingency planning in case of emergency evacuation, as well as chain of command for communication and reporting instructions. The Contractor’s security policies must be provided along with the security plan.

F.6 752.242-70 PERIODIC PROGRESS REPORTS (OCT 2007)

(a) The contractor shall prepare and submit progress reports as specified in the contract schedule. These reports are separate from the interim and final performance evaluation reports prepared by USAID in accordance with FAR 42.15 and internal Agency procedures, but they may be used by USAID personnel or their authorized representatives when evaluating the contractor's performance.

(b) During any delay in furnishing a progress report required under this contract, the contracting…