SOL-306-15-000082_-_Amendment_01.pdf

SOL‐306‐15‐000082

RADP‐East – Amendment 01

The specific amendments are as follows:

I. Incorporate the following Questions & Answers:

Section B

Question 1. In Section B.8 on page 9, the RFP states that the Contractor shall propose a fee distribution schedule associated with the deliverables described in Section F. Please confirm that the Contractor is not requested to propose a fee distribution schedule during the proposal phase;

that only the successful Offeror will propose a fee distribution schedule at the time of award.

Answer 1. Only the successful Offeror will propose and submit a fee distribution schedule at the time of award.

Section C

Question 2. Section C references footnotes that appear to be missing from the RFP. Will USAID please provide?

Answer 2. Footnotes are provided below. With the exception of endnotes 2 and 8 which are definitions, all footnotes in section C reference attachments at the end of the RFP.

Footnote 2: Upgrading refers to improvements that increase the competitiveness of a value chain.

Upgrading includes new technologies, improved skills, better services, grades and standards, branding and entry into new markets.

Footnote 3: See attachment 14, Indonesia Value Chain Case Study, for an example of a USAID-funded value chain analysis.

Footnote 4: See Attachment 15, USAID Briefing Paper: Key Elements of the Value Chain Approach.

Footnote 5: See Attachment 16, USAID Briefing Paper: Understanding Facilitation.

Footnote 6: See Attachment 17, Behind the Veil: Access to Markets for Homebound Women Embroiderers in Pakistan-Final Report.

Footnote 7: See Attachment 18, PROFIT Zambia Impact Assessment.

Footnote 8: A “smart subsidy” is one which leads to sustainable transactions amongst market actors without further subsidy. Often new or new ways of relating between actors in a value chain carry substantial perceived risks. Commitment failure, free rider, theft, rent seeking, unprofitable, etc. are the kinds of risk/concerns a value chain actor may limit their willingness to engage other value chain actors. The starting point for establishing any commercial relationship is the transaction. As a result, a project can use subsidies to reduce the risks leading into a transaction, especially for new clients or for firms entering new markets where risks are perceived as too high to warrant investment.

Footnote 9: See attachment 19, Veterinary Field Units Privatization Scheme in Afghanistan.

Footnote 10: See Attachment 20, Developing a Causal Model for Private Sector Development Programs, for guidance.

Question 3. Can USAID provide more specific guidance on how the criteria for the selection of value chains provided on page 12 should correspond with the outcomes and performance indicators on page 29 and 30 of the RFP?

Answer 3. As stated in section F.1 “Statement of Development Outcomes and Milestones”, the higher level project goals or outcomes of RADP-East will be its contribution to the following agricultural and economic-growth accomplishments in Afghanistan:

• Overcoming production and marketing constraints in select value chains resulting in increased profitability of enterprises and increased income for business owners;

• Improving food and economic security as a result of achievements within value chains

• Increasing women’s participation and financial benefits accruing to women.

• Strengthening local market systems and increase economic returns for small and medium scale businesses.

These outcomes are the long-term sustainable results of well-designed and successfully implemented value chain facilitation interventions (interventions). These interventions are designed from the analyses of value chain base-line (base-line) data. The analyses of the base-line data should include the criteria for value chain selection (selection criteria) of a commodity:

o Potential for increasing sales throughout the value chain;

o Potential for benefiting large numbers of farmers;

o Positive impact for women;

o Positive impact for youth;

o Strong potential opportunities for private sector investment;

o Strong private sector leadership/interest;

o Potential for upgrading1; and o Strong market opportunities – local, regional or international.

In order for that commodity to be a selected for value chain facilitation interventions, the base-line data analyses should address as many of the selection criteria as possible since this is the criteria that USAID will use to evaluate the proposed value chains. Additionally, these interventions will produce intermediate results which can be measured using customized and standardized metrics or performance indicators.

1 Upgrading refers to improvements that increase the competitiveness of a value chain. Upgrading includes new technologies, improved skills, better services, grades and standards, branding and entry into new markets.

Therefore, the success of obtaining long-term sustainable results or outcomes in this activity is contingent on accurate value chain selection that is inclusive of the required selection criteria, and whose intermediate results can be measured with relevant performance indicators.

Question 4. In Section C.3.2.4 on page 20, the RFP states that “RADP-East is expected to contribute to an increase in sales of agricultural goods and services in the selected value chains by at least $57 million by the end of year 5, which is one year after the contract end date.” Please confirm that the intention of this sentence is that RADP-East is expected to achieve the goal of at least $57 million in increased sales within one year of contract end date (which would be year 6) as measured by the final impact or performance evaluation, conducted one year after the completion of the activity, commissioned by USAID as stated in Section C.3.1.3 on page 18.

Answer 4. The correct statement should read that “RADP-East is expected to contribute to an increase in sales of agricultural goods and services in the selected value chains by at least $57 million by the end of year 5”. The final impact or performance evaluation, which will be conducted independently (not by the offeror) during year 6 will determine if that goal and higher level outcomes were attained. The relevant section of the RFP is amended to reflect the above information.

Question 5. In section C.2 on page 11, the project sub-purpose 1 is phrased as "Decrease post-harvest loss of key agricultural crops to improve food security Sub-Intermediate Result 1.2.1;"

however, in Annex 1 on page 128 the Sub-IR 1.2.1 is stated as "Productivity of Key Agricultural Crops Increased (RADP-East Sub-Purpose 1)." Will USAID please clarify which phrasing should be included in the results framework?

Answer 5. The project sub-purpose1, on page 11 is corrected to reflect the same project sub-purpose as on page 128, Sub-IR 1.2.1: “Productivity of Key Agricultural Crops Increased”.

However, this does not preclude the offeror from addressing post-harvest loss issues, which are key issues, in improving food security. “Improving food and economic security for rural Afghans in targeted areas” is the highest level “overarching” development goal for all the RADPs including RADP-East.

Question 6. The RFP uses the terms “Activity Monitoring and Evaluation Plan (AMEP)” and “Performance Monitoring and Evaluation Plan (PMEP)” interchangeably. Please confirm that offerors are to submit a draft Activity Monitoring and Evaluation Plan as part of the technical proposal under Component 3.

Answer 6. The offeror is required to submit a draft Activity Monitoring and Evaluation Plan (AMEP) for RADP-East as part of the technical proposal under component 3 of the RFP. The draft AMEP should include and contribute to relevant indicators from the Mission’s Performance Monitoring Plan (PMP) which can be found in in Section J, attachment 10 to this solicitation as well as section J, attachment 1 of the RFP. Please see below chart below for more clarity.

Question 7. In section C.3.1.3 on page 16, Sub IR 1.2.3 is not included in the Results Framework. Please clarify that this is an oversight and that IR 1.2.3 should be included in the M&E Plan.

Answer 7. Sub IR 1.2.3, Public and Private Agricultural Service Delivery Strengthened, should be included in the M&E Plan.

Question 8. Could USAID please provide a copies of the Project M&E Plan (PMEP) and USAID/Afghanistan PMP (referenced in sections C.2, C.3.1.3, and Section J attachment 1)?

Answer 8. USAID/Afghanistan’s PMP is attached to the solicitation as attachment #10. There is no Project Level Monitoring and Evaluation Plan (PMEP) at USAID at this time. Offerors should submit a draft Activity Monitoring and Evaluation Plan (AMEP) that contributes to and aligns with the Mission’s PMP. See chart on answer to question 6 for further clarity.

Question 9. Please confirm that Performance Indicator Reference Sheets for each indicator are to be included in the AMEP submitted 180 days after contract award (and not as part of Component 3 of the technical proposal)?

Answer 9. Yes, the Performance Indicator Reference Sheets for each indicator are to be included in the AMEP submitted 180 days after contract award and NOT as part of component 3 of the technical proposal.

Question 10. Can USAID please provide a copy of the USAID Strategy for Transformation 2014-2024 referenced in Section C.3.2.4 on page 20?

Answer 10. When the Country Development Cooperation Strategy for Afghanistan is approved, it will be available at this URL https://www.usaid.gov/results-and-data/planning/country-strategies-cdcs . However, USAID’s Strategy for Transformation 2014-2024 is an internal document used for internal communications and cannot be distributed outside the Agency.

Question 11. Section C.2 (Page 11) includes the RADP-E Goal, Purpose, and Sub-Purpose. The three project sub-purposes listed are (Sub-IR 1.2.1): Decrease post-harvest loss of key agricultural crops to improve food security; (Sub-IR 1.2.2): Increase commercial viability of agribusinesses; and (Sub-IR 1.2.3): Strengthen public and private agricultural service delivery.

Section J, Attachment 1, shows the RADP-East Results Framework and, by contrast to Section C.2, has as Sub IR 1.2.1: Productivity of key agricultural crops increased. Would USAID please clarify which Sub-IR 1.2.1 should be used for RADP-East, the version from Section C.2 or the version from Section J, Attachment 1?

Answer 11. Please see the response to question 5. The project sub-purpose1, on page 11, is corrected to reflect the same project sub-purpose as on page 128, Sub-IR 1.2.1: “Productivity of Key Agricultural Crops Increased”. However, this does not preclude the offeror from addressing post-harvest loss issues, which are key issues, in improving food security.

“Improving food and economic security for rural Afghans in targeted areas” is the highest level “overarching” development goal for all the RADPs including RADP-East.

Question 12. Section C.3.1.3 (page 16) requires that offerors submit an Activity Monitoring and Evaluation Plan (AMEP) and a Project Monitoring and Activity Plan (PMEP). Would USAID please clarify the difference between an AMEP and a PMEP?

Answer 12. Section C.3.1.3 (page 16) says “The AMEP must align with the Project M&E Plan (PMEP) and the USAID/Afghanistan PMP, reflecting the following Development Objectives and Intermediate Results of the Mission’s Agricultural Results Framework:”

The Project M&E plan (PMEP) governs M&E for all RADPs. It is an internal USAID document, and has not been developed. Offerors should submit a draft Activity Monitoring and Evaluation Plan (AMEP) that includes indicators from, and contributes to USAID/Afghanistan’s PMP. See the chart in the answer to Question 6 for additional clarity.

Section F

Question 13. Given the local focus of the program, per Outcome 5, Section F.6 page 30, “Improved enabling environment providing more favorable operating environment for Value Chain Actors (VCA),” does USAID envision strengthening agricultural policies, laws, regulations, and administrative procedures on the national level, on the provincial/district level, or both? How is this linked to the development outcomes and milestones provided in Attachment 29?

Answer 13. RADP-East will coordinate efforts with other ongoing USAID activities, which will operate to a greater or lesser extent in the region. These include: Agricultural Credit Enhancement/Agriculture Development Fund (ACE/ADF) and Assistance in Building Afghanistan by Developing Enterprises (ABADE). The RADP-East management team will be required to assess and coordinate with the activities of these projects, to the extent that they are still active in the region at the time of award, in order to ensure that the impact of USAID resources is being maximized.

Moreover, RADP-East will also collaborate with the RADP-South project to address economic policy and enabling environment issues that affect the region on both the provincial and district level. The higher level outcome “Improving the enabling environment for the private sector and Value chain Actors (VCA) by providing a more favorable operating environment,” is part of the contextual information that the potential offerors will need to gather and analyze to enrich their technical proposal. Therefore, the offeror will have to decide if strengthening agricultural policies, laws, regulations, and administrative procedures is the best technical approach for achieving the development outcomes and milestones provided in attachment 29.

Question 14. Section F.7.2 (Page 31) defines “business related fields” as “Accounting; Business Administration, Finance; International Business Administration; Marketing; Statistics;

Communications Management; and Public Relations.” Will USAID please confirm that this is not an exhaustive list?

Answer 14. This is not an exhaustive list. This is an illustrative list and can include degrees/certifications that were issued through a business school.

Question 15. Section F.6 (Page 28) Statement of Development Outcomes and Milestones: It is noted that a program theory of change is discussed in Section C.3.1b. However there does not appear to be a section labeled C.3.1b. Would USAID kindly direct offerors to the correct location of this information on the program theory of change in the RFP?

Answer 15. The solicitation is amended to remove the following sentence in Section F.6 “The program will complement and expand on USAID’s development hypothesis aligned the theory of change discussed in Section C.3.1b to achieve measureable, sustainable results.” Offerors must clearly articulate a proposed development hypothesis and associated theory of change in accordance with their proposed technical approach.

Question 16. Section F.7.1 (Page 33): In recognition of USAID/Afghanistan’s Afghan First Policy which “encourages the employment of Afghans in key personnel positions as a means of ensuring a better grasp of the needs and reality on the ground, as well as improving senior management capabilities within Afghanistan,” we respectfully request that USAID consider modifying the qualifications for the M&E Manager to enable qualified Afghans to fill this position. We kindly request USAID adjust two of the M&E Manager’s qualifications as follows:

Answer 16. The bullet under the M&E Manager’s qualifications is amended in the solicitation to:

Familiarity with DCED standards [preferred]

Section L

Question 17. Can USAID confirm that it intends for offerors to submit 1) a preliminary value chain selection and detailed analysis of one value chain for the Component 1 technical approach;

2) a value chain work plan for one selected value chain as the technical approach for Component 2; and 3) an AMEP for one selected value chain as the technical approach for Component 3?

Answer 17. As stated in Section L.7, the Offeror will select at least three value chains. The selected value chains must be specific commodities, crops, or interconnected markets (e.g. goats or grapes, and their value added products, or input supplies) and not sectors (e.g. livestock). The explanation must include proposed targets (see section C.1) for increases in sales for the selected value chains and the methodology for how the targets were estimated.

The Value Chain Analysis is based on the requirements in section C.3.1.A. The Offeror must provide a value chain map and analyze end market requirements, constraints, and opportunities for one of the selected value chains. The Offeror will also include a discussion of the vertical and horizontal relationships.

The Value Chain Work Plan is based on the requirements in section C.3.1.B. The Value Chain Work Plan must contain a causal model (i.e. theory of change) and strategic framework for one of selected value chains. A strategic framework includes interventions, targets, and an exit strategy. The interventions selected must take into consideration the contract requirements in section C.4.4. Feedback/Learning based on the requirements in section C.3.1.C.

As per section C.3.1.3, component three, the Offeror must submit a draft Activity Monitoring and Evaluation (AMEP) for all components under RADP-East. See the chart in the answer to question 6 for additional clarity.

Question 18. Can USAID confirm that Component 3 should outline an AMEP for the one specific value chain identified under Components 1 and 2 and not include a life of project M&E Plan with corresponding indicators and targets?

Answer 18. Offerors must submit a draft Activity Monitoring and Evaluation Plan (AMEP) that covers all components for RADP-East. It must include indicators from, and contribute to USAID/Afghanistan’s PMP. Please see the answer to question 6 for additional clarity.

Question 19. Please confirm that the Branding Implementation Plan/Marking Plan requested as part of the proposal in Section D.4 on page 23, as well as in Section L.9 on page 119, is not to exceed two pages, and may be included in the Technical Proposal as Annex F, adding to the list of annexes requested on page 112.

Answer 19. USAID confirms that the Branding Implementation/Marking Plan not to exceed two pages may be included in the Technical Proposal as Annex F. Annex F is added in the relevant section.

Question 20. May offerors include annexes in addition to those listed on page 112?

Answer 20. Only annexes requested from USAID should be included.

Question 21. Please confirm that offerors are not requested to submit documentation to the Vetting Office in compliance with the Vetting Mission Order during the proposal phase.

Answer 21. USAID confirms that the offerors are not requested to submit documentation to the Vetting Office during the proposal phase. Only the successful offeror will have to comply with the vetting mission order upon the contract is awarded.

Question 22. Given the volume of Past Performance information requested in Section L.7 Factor 4 – Past Performance (a) through (d) (pages 110-112), would USAID consider eliminating the 3-page-limit for the Past Performance Annex so offerors can be completely responsive to the requirements?

Answer 22. The page-limit for the past performance annex has been increased to 5 pages.

Question 23. Will USAID allow for the Logical Framework and Performance Indicator Table to be included as tables that do not count against the page limit?

Answer 23. Yes, the Logical Framework and Performance Indicator Table can be included in the annex and will not count against the page limit.

Question 24. Section L.7 Factor 4 – Past Performance (a) 1. (page 111) instructs offerors to “List in an annex to the technical proposal up to 5 years of the most recent and relevant contracts…” Please confirm that we may list up to 5 projects in an annex.

Answer 24. Offerors must submit five of the most relevant projects (contracts or agreements) that they have implemented in the past five years.

Question 25. Section L.7 (Page 110) requires that offerors include a “draft Performance Monitoring and Evaluation Plan (PMEP).” In order to provide USAID with sufficient detail, may offerors include the PMEP as an annex that does not count toward the 45-page limit?

Answer 25. See the answer to question 18 and the chart in the answer to question 6. The AMEP will be included in an annex to the proposal and will not count toward the 45-page limit.

Question 26. Section L.7 (Pages 110-112): In order to respond to the requirement that Annex A:

Contractor Performance Information include (i) past performance references from the last 5 years, (ii) a description of awards and certifications, and (iii) a description of the offerors use of small business, would USAID kindly consider removing the page restriction (3 pages) on this annex?

Answer 26. Please see the answer to question 22.

Question 27. Section L.7 (Page 111) states that offerors must: “List in an annex to the technical proposal up to 5 years of the most recent and relevant contracts for efforts similar to the work in the subject proposal.” Will USAID kindly confirm that offerors should select five of the most recent and relevant contracts from the last five years, rather than provide all of its most recent and relevant programs from the last five years?

Answer 27. Please see the answer to question 24.

Question 28. Section L.7 (Page 111): In lieu of submitting all recent subcontracting reports that were not submitted to eSRS—which may be quite numerous—may the offeror submit five (5) of the most recent SF294s?

Answer 28. The offerors may submit five (5) of the most recent SF 294s.

Question 29. Section L.7. Annexes (Page 112): The list of annexes does not include the Branding and Marking Plan (BMIP) that is required in section L.9 (Page 119). Would USAID please confirm that a BMIP should be submitted as an annex to the technical proposal that does not count toward the 45-page limit?

Answer 29. Please see the answer to question 19

Question 30. Section L.7. Annexes (Page 112): In order to include sufficient detail, may offerors include the work-plan as an annex that does not count toward the 45-page limit?

Answer 30. The work-plan is not submitted in the proposal. The initial work-plan will be submitted by the contractor within 60 days of the contract award date. The implementation work-plan will be submitted by the contractor within 240 days of the contract award date. Please refer to section F.6 of the RFP.

Question 31. Section L.7 (Page 110) states, “Statements of Qualification included may incorporate resume details.” However Statements of Qualification are not listed in Section M or L. Should the Statements of Qualifications be included in an annex to the proposal? Would

USAID please clarify how Statements of Qualification should differ from the Key Personnel Resumes/CVs required in Section L?

Answer 31. The Key Personnel section must describe personnel proposed to fill the key positions indicated in Section F.6 and may contain small biographies of the key personnel.

Statements of Qualification included may incorporate resume details, such as education, experience, and references, but will primarily be an expression by the Offeror of why the proposed person is likely to succeed in the position they are proposed for. All critical information included in the annex relating to this section must be summarized in the technical proposal. (There is a 4 page maximum; Please refer to section L.5 section II.)

Section M

Question 32. Section M.3 (Page 125) requires that offerors include an organizational chart. In order to provide USAID with sufficient detail, may offerors include the organizational chart as an annex that does not count toward the 45-page limit?

Answer 32. The Organizational chart can be submitted as an annex and will not count towards the 45 page limit.

Question 33. Section M.3 (Page 124) requires offerors present a staffing plan under Factor 3 - Staffing and Management Plan. In addition to the narrative provided in the technical proposal, may offerors include a staffing plan annex that does not count toward the 45-page limit?

Answer 33. The Staffing and Management Plan will also be evaluated on the demonstrated effectiveness in organization and management including:

Financial and administrative capacity. Offerors will be evaluated on organizational expertise and demonstrable experience in successful financial and administrative management.

Technical capacity. Offerors will be assessed on their demonstrated technical expertise in value chain facilitation and demonstrated understanding of working in a post-conflict country with a high security risk to ex-patriate personnel. Supplemental institutional capacities and experience of sub-awarded implementer(s) and partners will be evaluated favorably.

A staffing plan annex can be submitted but it cannot exceed 5 pages.

Attachments

Question 34. In Attachment 6, Vetting Mission Order on page 5, it states that vetting applies to all Awards to RMCs regardless of award value and tier. Please confirm that US RMC firms are not required to submit vetting documents.

Answer 34. Answer: USAID confirms that US RMC firms are not required to submit vetting documents.

General

Question 35. May offerors include letters of association from resource organizations in an annex that does not count toward the 45-page limit?

Answer 35. Yes offerors may include letters of association from resource organizations in an annex that will not count toward the 45 page limit.

Question 36. USAID included Form DD 254 Department of Defense Contract Security Classification Specifications under Attachment 10 in Section J. There is no reference in this solicitation for this form or that the contract resulted from it will carry certain security classification. In addition, Section L did not discuss or provide any additional information on how and why this form needs to be submitted. Will USAID kindly provide additional information in this regard?

Answer 36. The attachment 10. DD 254 in Section J is replaced with Attachment 10.

Performance Management Plan (PMP).

Question 37. Please confirm that we may list up to 5 recent and relevant projects for the prime and up to 5 projects for each major subcontractor.

Answer 37. Offerors must submit five of the most relevant projects (contracts or agreements) that they have implemented in the past five years. The offeror should only list past performance for major subcontractors (A major subcontract comprises 15% or more of the total award amount). If major subcontractors are proposed, please submit five of the most relevant projects (contracts or agreements) that the subcontractor has implemented in the past 5 years.

Question 38. Does the Combined Synopsis/Solicitation under solicitation number SOL30615000082 contain requirements similar to a current contract?

If possible, please provide the current contract number.

Or, is this a new requirement for the government?

Answer 38. Answer: Solicitation Number SOL30615000082 – RADP East is a new requirement.

II. Cover Page, Closing Date: DELETE September 30, 2015 and REPLACE it with October 7, 2015.

III. Section L.6 Preparation & Delivery Instructions, c) Closing Date and Time: DELETE September 30, 2015, 3:00 PM Local time and REPLACE it with October 7, 2015, 3:00 PM Local Time.

IV. ADD the following footnote at the end of Page 12:

Footnote 2: Upgrading refers to improvements that increase the competitiveness of a value chain. Upgrading includes new technologies, improved skills, better services, grades and standards, branding and entry into new markets.

V. ADD the following footnotes at the end of Page 13:

Footnote 3: See attachment 14, Indonesia Value Chain Case Study, for an example of a USAID-funded value chain analysis.

Footnote 4: See Attachment 15, USAID Briefing Paper: Key Elements of the Value Chain Approach.

Footnote 5: See Attachment 16, USAID Briefing Paper: Understanding Facilitation.

VI. ADD the following footnotes at the end of Page 14:

Footnote 6: See Attachment 17, Behind the Veil: Access to Markets for Homebound Women Embroiderers in Pakistan-Final Report.

Footnote 7: See Attachment 18, PROFIT Zambia Impact Assessment.

VII. ADD the following footnotes at the end of Page 15:

Footnote 8: A “smart subsidy” is one which leads to sustainable transactions amongst market actors without further subsidy. Often new or new ways of relating between actors in a value chain carry substantial perceived risks. Commitment failure, free rider, theft, rent seeking, unprofitable, etc. are the kinds of risk/concerns a value chain actor may limit their willingness to engage other value chain actors. The starting point for establishing any commercial relationship is the transaction. As a result, a project can use subsidies to reduce the risks leading into a transaction, especially for new clients or for firms entering new markets where risks are perceived as too high to warrant investment.

Footnote 9: See attachment 19, Veterinary Field Units Privatization Scheme in Afghanistan.

VIII. ADD the following footnotes at the end of Page 16:

Footnote 10: See Attachment 20, Developing a Causal Model for Private Sector Development Programs, for guidance.

IX. SECTION C.3.2.4, second paragraph, DELETE the sentence “RADP-East is expected to contribute to an increase in sales of agricultural goods and services in the selected value chains by at least $57 million by the end of year 5, which is one year after the contract end date.” and REPLACE it with “RADP-East is expected to contribute to an increase in sales of agricultural goods and services in the selected value chains by at least $57 million by the end of year 5”.

X. SECTION C.2, Project Sub-Purpose 1, DELETE “Decrease post-harvest loss of key agricultural crops to improve food security (Sub-Intermediate Result 1.2.1)” and REPLACE it with “Productivity of Key Agricultural Crops Increased (RADP-East Sub- Purpose 1)”

XI. Section F.6, page 29, first paragraph, DELETE the sentence “The program will complement and expand on USAID’s development hypothesis aligned the theory of change discussed in Section C.3.1b to achieve measureable, sustainable results.”

XII. SECTION F.7.1, Page 33, the bullet under Qualifications for Monitoring and Evaluation Manager is amended to:

Familiarity with the DCED standards (preferred).

XIII. SECTION I, I.2, DELETE the FAR clause 52.222.50

XIV. ADD the following clauses at the end of FAR clauses in Section I.2.

52.204-16 52.204-17 52.204-18

XV. ADD the following clauses at the end of SECTION I:

I.12 COMBATING TRAFFICKING IN PERSONS (MAR 2015)

(a) Definitions. As used in this clause-

“Agent” means any individual, including a director, an officer, an employee, or an independent contractor, authorized to act on behalf of the organization.

“Coercion” means-

(1) Threats of serious harm to or physical restraint against any person;

(2) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or

(3) The abuse or threatened abuse of the legal process.

“Commercially available off-the-shelf (COTS) item” means-

(1) Any item of supply (including construction material) that is-

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

“Commercial sex act” means any sex act on account of which anything of value is given to or received by any person.

“Debt bondage” means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined.

“Employee” means an employee of the Contractor directly engaged in the performance of work under the contract who has other than a minimal impact or involvement in contract performance.

“Forced Labor” means knowingly providing or obtaining the labor or services of a person-

(1) By threats of serious harm to, or physical restraint against, that person or another person;

(2) By means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; or

(3) By means of the abuse or threatened abuse of law or the legal process.

“Involuntary servitude” includes a condition of servitude induced by means of-

(1) Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such conditions, that person or another person would suffer serious harm or physical restraint; or

(2) The abuse or threatened abuse of the legal process.

“Severe forms of trafficking in persons” means-

(1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or

(2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

“Sex trafficking” means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.

“Subcontract” means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.

“Subcontractor” means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor or another subcontractor.

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Policy. The United States Government has adopted a policy prohibiting trafficking in persons including the trafficking-related activities of this clause. Contractors, contractor employees, and their agents shall not-

(1) Engage in severe forms of trafficking in persons during the period of performance of the contract;

(2) Procure commercial sex acts during the period of performance of the contract;

(3) Use forced labor in the performance of the contract;

(4) Destroy, conceal, confiscate, or otherwise deny access by an employee to the employee’s identity or immigration documents, such as passports or drivers' licenses, regardless of issuing authority;

(5)(i) Use misleading or fraudulent practices during the recruitment of employees or offering of employment, such as failing to disclose, in a format and language accessible to the worker, basic information or making material misrepresentations during the recruitment of employees regarding the key terms and conditions of employment, including wages and fringe benefits, the location of work, the living conditions, housing and associated costs (if employer or agent provided or arranged), any significant cost to be charged to the employee, and, if applicable, the hazardous nature of the work;

(ii) Use recruiters that do not comply with local labor laws of the country in which the recruiting takes place;

(6) Charge employees recruitment fees;

(7)(i) Fail to provide return transportation or pay for the cost of return transportation upon the end of employment-

(A) For an employee who is not a national of the country in which the work is taking place and who was brought into that country for the purpose of working on a U.S. Government contract or subcontract (for portions of contracts performed outside the United States); or

(B) For an employee who is not a United States national and who was brought into the United States for the purpose of working on a U.S. Government contract or subcontract, if the payment of such costs is required under existing temporary worker programs or pursuant to a written agreement with the employee (for portions of contracts performed inside the United States);

except that-

(ii) The requirements of paragraphs (b)(7)(i) of this clause shall not apply to an employee who is-

(A) Legally permitted to remain in the country of employment and who chooses to do so; or

(B) Exempted by an authorized official of the contracting agency from the requirement to provide return transportation or pay for the cost of return transportation;

(iii) The requirements of paragraph (b)(7)(i) of this clause are modified for a victim of trafficking in persons who is seeking victim services or legal redress in the country of employment, or for a witness in an enforcement action related to trafficking in persons. The contractor shall provide the return transportation or pay the cost of return transportation in a way that does not obstruct the victim services, legal redress, or witness activity. For example, the contractor shall not only offer return transportation to a witness at a time when the witness is still needed to testify. This paragraph does not apply when the exemptions at paragraph (b)(7)(ii) of this clause apply.

(8) Provide or arrange housing that fails to meet the host country housing and safety standards;

or

(9) If required by law or contract, fail to provide an employment contract, recruitment agreement, or other required work document in writing. Such written work document shall be in a language the employee understands. If the employee must relocate to perform the work, the work document shall be provided to the employee at least five days prior to the employee relocating. The employee’s work document shall include, but is not limited to, details about work description, wages, prohibition on charging recruitment fees, work location(s), living accommodations and associated costs, time off, roundtrip transportation arrangements, grievance process, and the content of applicable laws and regulations that prohibit trafficking in persons.

(c) Contractor requirements. The Contractor shall-

(1) Notify its employees and agents of-

(i) The United States Government's policy prohibiting trafficking in persons, described in paragraph (b) of this clause; and

(ii) The actions that will be taken against employees or agents for violations of this policy. Such actions for employees may include, but are not limited to, removal from the contract, reduction in benefits, or termination of employment; and

(2) Take appropriate action, up to and including termination, against employees, agents, or subcontractors that violate the policy in paragraph (b) of this clause.

(d) Notification.

(1) The Contractor shall inform the Contracting Officer and the agency Inspector General immediately of-

(i) Any credible information it receives from any source (including host country law enforcement) that alleges a Contractor employee, subcontractor, subcontractor employee, or their agent has engaged in conduct that violates the policy in paragraph (b) of this clause (see also 18 U.S.C. 1351, Fraud in Foreign Labor Contracting, and 52.203-13(b)(3)(i)(A), if that clause is included in the solicitation or contract, which requires disclosure to the agency Office of the Inspector General when the Contractor has credible evidence of fraud); and

(ii) Any actions taken against a Contractor employee, subcontractor, subcontractor employee, or their agent pursuant to this clause.

(2) If the allegation may be associated with more than one contract, the Contractor shall inform the contracting officer for the contract with the highest dollar value.

(e) Remedies. In addition to other remedies available to the Government, the Contractor’s failure to comply with the requirements of paragraphs (c), (d), (g), (h), or (i) of this clause may result in-

(1) Requiring the Contractor to remove a Contractor employee or employees from the performance of the contract;

(2) Requiring the Contractor to terminate a subcontract;

(3) Suspension of contract payments until the Contractor has taken appropriate remedial action;

(4) Loss of award fee, consistent with the award fee plan, for the performance period in which the Government determined Contractor non-compliance;

(5) Declining to exercise available options under the contract;

(6) Termination of the contract for default or cause, in accordance with the termination clause of this contract; or

(7) Suspension or debarment.

(f) Mitigating and aggravating factors. When determining remedies, the Contracting Officer may consider the following:

(1) Mitigating factors. The Contractor had a Trafficking in Persons compliance plan or an awareness program at the time of the violation, was in compliance with the plan, and has taken appropriate remedial actions for the violation, that may include reparation to victims for such violations.

(2) Aggravating factors. The Contractor failed to abate an alleged violation or enforce the requirements of a compliance plan, when directed by the Contracting Officer to do so.

(g) Full cooperation.

(1) The Contractor shall, at a minimum-

(i) Disclose to the agency Inspector General information sufficient to identify the nature and extent of an offense and the individuals responsible for the conduct;

(ii) Provide timely and complete responses to Government auditors' and investigators' requests for documents;

(iii) Cooperate fully in providing reasonable access to its facilities and staff (both inside and outside the U.S.) to allow contracting agencies and other responsible Federal agencies to conduct audits, investigations, or other actions to ascertain compliance with the Trafficking Victims Protection Act of 2000 (22 U.S.C. chapter 78), E.O. 13627, or any other applicable law or regulation establishing restrictions on trafficking in persons, the procurement of commercial sex acts, or the use of forced labor; and

(iv) Protect all employees suspected of being victims of or witnesses to prohibited activities, prior to returning to the country from which the employee was recruited, and shall not prevent or hinder the ability of these employees from cooperating fully with Government authorities.

(2) The requirement for full cooperation does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not-

(i) Require the Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine;

(ii) Require any officer, director, owner, employee, or agent of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; or

(iii) Restrict the Contractor from-

(A) Conducting an internal investigation; or

(B) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.

(h) Compliance plan.

(1) This paragraph (h) applies to any portion of the contract that-

(i) Is for supplies, other than commercially available off-the-shelf items, acquired outside the United States, or services to be performed outside the United States; and

(ii) Has an estimated value that exceeds $500,000.

(2) The Contractor shall maintain a compliance plan during the performance of the contract that is appropriate-

(i) To the size and complexity of the contract; and

(ii) To the nature and scope of the activities to be performed for the Government, including the number of non-United States citizens expected to be employed and the risk that the contract or subcontract will involve services or supplies susceptible to trafficking in persons.

(3) Minimum requirements. The compliance plan must include, at a minimum, the following:

(i) An awareness program to inform contractor employees about the Government’s policy prohibiting trafficking-related activities described in paragraph (b) of this clause, the activities prohibited, and the actions that will be taken against the employee for violations. Additional information about Trafficking in Persons and examples of awareness programs can be found at the website for the Department of State’s Office to Monitor and Combat Trafficking in Persons at http://www.state.gov/j/tip/.

(ii) A process for employees to report, without fear of retaliation, activity inconsistent with the policy prohibiting trafficking in persons, including a means to make available to all employees the hotline phone number of the Global Human Trafficking Hotline at 1-844-888-FREE and its email address at help@befree.org.

(iii) A recruitment and wage plan that only permits the use of recruitment companies with trained employees, prohibits charging recruitment fees to the employee, and ensures that wages meet applicable host-country legal requirements or explains any variance.

(iv) A housing plan, if the Contractor or subcontractor intends to provide or arrange housing, that ensures that the housing meets host-country housing and safety standards.

(v) Procedures to prevent agents and subcontractors at any tier and at any dollar value from engaging in trafficking in persons (including activities in paragraph (b) of this clause) and to monitor, detect, and terminate any agents, subcontracts, or subcontractor employees that have engaged in such activities.

(4) Posting.

(i) The Contractor shall post the relevant contents of the compliance plan, no later than the initiation of contract performance, at the workplace (unless the work is to be performed in the field or not in a fixed location) and on the Contractor's Web site (if one is maintained). If posting at the workplace or on the Web site is impracticable, the Contractor shall provide the relevant contents of the compliance plan to each worker in writing.

(ii) The Contractor shall provide the compliance plan to the Contracting Officer upon request.

(5) Certification. Annually after receiving an award, the Contractor shall submit a certification to the Contracting Officer that-

(i) It has implemented a compliance plan to prevent any prohibited activities identified at paragraph (b) of this clause and to monitor, detect, and terminate any agent, subcontract or subcontractor employee engaging in prohibited activities; and

(ii) After having conducted due diligence, either-

(A) To the best of the Contractor's knowledge and belief, neither it nor any of its agents, subcontractors, or their agents is engaged in any such activities; or

(B) If abuses relating to any of the prohibited activities identified in paragraph (b) of this clause have been found, the Contractor or subcontractor has taken the appropriate remedial and referral actions.

(i) Subcontracts.

(1) The Contractor shall include the substance of this clause, including this paragraph (i), in all subcontracts and in all contracts with agents. The requirements in paragraph (h) of this clause apply only to any portion of the subcontract that-

(A) Is for supplies, other than commercially available off-the-shelf items, acquired outside the United States, or services to be performed outside the United States; and

(B) Has an estimated value that exceeds $500,000.

(2) If any subcontractor is required by this clause to submit a certification, the Contractor shall require submission prior to the award of the subcontract and annually thereafter. The certification shall cover the items in paragraph (h)(5) of this clause.

(End of clause)

I.13 52.222-56 – CERTIFICATION REGARDING TRAFFICKING IN PERSONS

COMPLIANCE PLAN (MAR 2015)

(a) The term “commercially available off-the-shelf (COTS) item,” is defined in the clause of this solicitation entitled “Combating Trafficking in Persons” (FAR clause 52.222-50).

(b) The apparent successful Offeror shall submit, prior to award, a certification, as specified in paragraph (c) of this provision, for the portion (if any) of the contract that—

(1) Is for supplies, other than commercially available off-the-shelf items, to be acquired outside the United States, or services to be performed outside the United States; and

(2) Has an estimated value that exceeds $500,000.

(c) The certification shall state that—

(1) It has implemented a compliance plan to prevent any prohibited activities identified in paragraph (b) of the clause at 52.222-50, Combating Trafficking in Persons, and to monitor, detect, and terminate the contract with a subcontractor engaging in prohibited activities identified at paragraph (b) of the clause at 52.222-50, Combating Trafficking in Persons; and

(2) After having conducted due diligence, either—

(i) To the best of the Offeror's knowledge and belief, neither it nor any of its proposed agents, subcontractors, or their agents is engaged in any such activities; or

(ii) If abuses relating to any of the prohibited activities identified in 52.222-50(b) have been found, the Offeror or proposed subcontractor has taken the appropriate remedial and referral actions.

(End of provision)

XVI. L.7, ANNEXES, ADD the following to the list of ANNEXES:

Annex F - the Branding Implementation Plan/Marking Plan (Not to exceed 2 pages)

XVII. L.7, ANNEXES, CHANGE the page limit for Annex A from 3 pages to 5 pages.

XVIII. Page 128, Section J Attachments, Attachment 1. USAID/Afghanistan PMP, A. General, last sentence, DELETE RADP-West and REPLACE it with RADP-East.

XIX. DELETE Attachment 10. DD 254 and REPLACE it with Attachment 10. Performance

Management Plan (PMP) in Section J on page 85 and 133. The new attachment is posted on fbo.gov.

XX. ADD the following attachment at the end of Section J:

Attachment 30. Sample Certification Regarding Trafficking in Persons Compliance Plan, pursuant to FAR 52.222-56. The attachment is posted on fbo.gov.

----------------------------------- End of Amendment 01 ---------------------------------------