SOL 527-10-000007 ENV PTPA 03 Sep 2010.pdf

Issue Date: September 3, 2010 Closing Date: October 18, 2010 Closing Time: 4:30 PM Lima time

Subject:

Solicitation No. SOL-527-10-000007

USAID/PERU – Environmental Management and Forest Governance Support Activity

Dear Prospective Offeror:

The United States Government, represented by the U.S. Agency for International Development (USAID), is seeking proposals from qualified U.S. organizations interested in providing the services described in the attached solicitation.

This is a full and open competition, under which any type of U.S. organization (large or small commercial [for profit] firms and non-profit organizations) is eligible to compete.

The procedures set forth in FAR Part 15.1 will apply.

USAID plans to award one cost reimbursement completion-type contract.

Project activities are foreseen starting in approximately February 2011. The Performance Period is comprised of a Base Period of three (3) years and two, 1-year Option Periods. Offerors must propose costs that they believe are realistic and reasonable for the work. Cost Proposals will be evaluated as part of a best value determination for contract award, including cost effective approaches to achieving the results.

Offerors are advised award is subject to availability of funds. This solicitation in no way obligates USAID to award a contract, nor does it commit USAID to pay any cost incurred in the preparation and submission of the proposal. Furthermore, the Government reserves the right to reject any and all offers, if such action is considered to be in the best interest of the Government.

If substantive questions are received which affect the response to the solicitation, or if changes are made to the closing date and time, as well as other aspects of the RFP, this solicitation will be amended. Any amendments to this solicitation will be issued and posted on the Federal Business Opportunities (FedBizOpps) website. Offerors are encouraged to check this website (http://www.fedbizopps.gov) periodically.

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 ___________________ 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 until local time _______________________ (Hour) (Date)

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 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 EXT.

(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 ________ calendar days (60 calendar days unless a different period is inserted by the offeror) 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. 52-232-8)

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 OFFER15A. 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 BYCODE CODE

26. NAME OF CONTRACTING OFFICER (Type or print)

John R. Taber Regional Contracting Officer

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)

1 N/A 180

SOL-527-10-000007

X

REGIONAL CONTRACTING OFFICE

USAID/PERU

UNIT 3760

APO AA 34031

Av. La Encalada cdra 17 s/n, Monterrico-Surco, Lima 33 - Peru 16:30 October 18, 2010

Ricardo Toledo 511 618-1492 rictoledo@usaid.gov

See Attached Table of Contents

X 1

X 3

X 14

X 16

X 17

X 22

X 26

X 45

X 118

X 125

X 139

X 158

$.00

Regional Financial Management Office USAID/Peru Unit 3760

APO AA 34031

i

Table of Contents Page

PART I - THE SCHEDULE

SECTION B - SERVICES AND COSTS

B.1 PURPOSE

B.2 CONTRACT TYPE

B.3 ESTIMATED COST, FIXED FEE, AND OBLIGATED AMOUNT

B.4 INDIRECT COSTS (DEC 1997)

B.5 COST REIMBURSABLE

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 TITLE AND PURPOSE

C.2 BACKGROUND

C.3 OBJECTIVES, RESULTS, TASKS

C.4 DESCRIPTION OF ACTIVITIES

C.5 COORDINATION OF WORK

C.6 PERFORMANCE MANAGEMENT PLAN (PMP)

C.7 ENVIRONMENT, GENDER, INDIGENOUS PEOPLES AND CONFLICT MANAGEMENT – PROCEDURES

AND GUIDELINES

C.8 SUSTAINABILITY

C.9 TARGET GEOGRAPHICAL REGIONS

SECTION D - PACKAGING AND MARKING

D.1 AIDAR 752.7009 MARKING (JAN 1993)

D.2 BRANDING POLICY

D.3 BRANDING STRATEGY

SECTION E - INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

E.2 INSPECTION AND ACCEPTANCE

SECTION F - DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

F.2 DELIVERY SCHEDULE

F.3 PERIOD OF PERFORMANCE

F.4 PERFORMANCE STANDARDS

F.5 KEY PERSONNEL

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 AIDAR 752.7003 DOCUMENTATION FOR PAYMENT (NOV 1998)

G.2 ADMINISTRATIVE CONTRACTING OFFICE

G.3 CONTRACTING OFFICER’s TECHNICAL REPRESENTATIVE (COTR)

G.4 TECHNICAL DIRECTIONS/RELATIONSHIP WITH USAID

G.5 PAYING OFFICE

G.6 ACCOUNTING AND APPROPRIATION DATA

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

H.2 AIDAR 752.225-70 SOURCE, ORIGIN AND NATIONALITY REQUIREMENTS (FEB 1997)

H.3 AIDAR 752.7004 EMERGENCY LOCATOR INFORMATION (JUL 1997)

H.4 AIDAR 752.7005 SUBMISSION REQUIREMENTS FOR DEVELOPMENT EXPERIENCE DOCUMENTS (JAN 2004) ii

H.5 INSURANCE AND SERVICES

H.6 AIDAR 752.228-70 MEDICAL EVACUATION (MEDEVAC) SERVICES (JULY 2007)

H.7 AUTHORIZED GEOGRAPHIC CODE

H.8 LOGISTIC SUPPORT

H.9 LANGUAGE REQUIREMENTS

H.10 752.7007 PERSONNEL COMPENSATION (JULY 2007)

H.11 SUBCONTRACTING PLAN AND THE SF 294 – SUBCONTRACTING REPORT FOR INDIVIDUAL

CONTRACTS AND SF 295 – SUMMARY CONTRACTING REPORT

H.12 EXECUTIVE ORDER ON TERRORISM FINANCING (FEB 2002)

H.13 REPORTING OF FOREIGN TAXES (MARCH 2006)

H.14 PROHIBITION OF ASSISTANCE TO DRUG TRAFFICKERS

H.15 USAID DISABILITY POLICY – ACQUISITION (DECEMBER 2004)

H.16 AIDAR 752.7032 INTERNATIONAL TRAVEL APPROVAL AND NOTIFICATION REQUIREMENTS AND AIDAR

752.7027 PERSONNEL

H.17 AIDAR 752.245.71 TITLE TO AND CARE OF PROPERTY

H.18 CONFLICTS OF INTEREST

H.19 ENVIRONMENTAL PROCEDURES AND GUIDELINES

H.20 CONFIDENTIALITY AND OWNERSHIP OF INTELLECTUAL PROPERTY

H.21 PARTICIPANT TRAINING (Jan 1999)

H.22 VOLUNTARY POPULATION PLANNING ACTIVITIES

H.23 PROHIBITION ON TE USE OF FEDERAL FUNDS TO PROMOTE, SUPPORT, OR ADVOCATE THE

LEGALIZATION OR PRACTICE OF PROSTITUTION– TIP ACQUISITION (MAY 2007)

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

I.2 CONTRACT CLAUSES AND PROVISIONS IN FULL TEXT

52.215-1 INSTRUCTIONS TO OFFERORS—COMPETITIVE ACQUISITION (JAN 2004)

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (APR 2010)

52.209-8 UPDATES OF INFORMATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

52.216-24 LIMITATION OF GOVERNMENT LIABILITY (APR 1984)

52.216-25 CONTRACT DEFINITIZATION (OCT 1997)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989)

52.222-50 COMBATING TRAFFICKING IN PERSONS (FEB 2007) -- ALTERNATE I (AUG 2007)

52.247-67 SUBMISSION OF TRANSPORTATION DOCUMENTS FOR AUDIT (FEB 2006)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

iii

752.202-1 DEFINITIONS (JAN 1990)

752.204-2 SECURITY REQUIREMENTS

752.209-71 ORGANIZATIONAL CONFLICTS OF INTEREST DISCOVERED AFTER AWARD (JUN 1993)

752.211-70 LANGUAGE AND MEASUREMENT (JUN 1992)

752.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL DISADVANTAGED

BUSINESS CONCERNS

752.225-9 BUY AMERICAN ACT-TRADE AGREEMENTS ACT-BALANCE OF PAYMENTS PROGRAM86

752.225-70 SOURCE, ORIGIN AND NATIONALITY REQUIREMENTS (FEB 1997)

752.225-71 LOCAL PROCUREMENT (FEB 1997)

752.228-3 WORKER'S COMPENSATION INSURANCE (DEFENSE BASE ACT)

752.228-7 INSURANCE - LIABILITY TO THIRD PERSONS

752.228-9 CARGO INSURANCE

752.229-70 FEDERAL, STATE AND LOCAL TAXES

752.231-71 SALARY SUPPLEMENTS FOR HG EMPLOYEES (OCT 1998)

752.232-70 LETTER OF CREDIT ADVANCE PAYMENT (OCT 1989)

752.245-70 GOVERNMENT PROPERTY - USAID REPORTING REQUIREMENTS

752.245-71 TITLE TO AND CARE OF PROPERTY (APR 1984)

752.247-70 PREFERENCE FOR PRIVATELY OWNED U.S.-FLAG COMMERCIAL VESSELS (OCT 1996)

752.7001 BIOGRAPHICAL DATA (JUL 1997)

752.7002 TRAVEL AND TRANSPORTATION (JAN 1990)

752.7004 EMERGENCY LOCATOR INFORMATION (JUL 1997)

752.7006 NOTICES (APR 1984)

752.7008 USE OF GOVERNMENT FACILITIES OR PERSONNEL (APR 1984)

752.7009 MARKING (JAN 1993)

752.7010 CONVERSION OF U.S. DOLLARS TO LOCAL CURRENCY (APR 1984)

752.7011 ORIENTATION AND LANGUAGE TRAINING (APR 1984)

752.7012 PROTECTION OF THE INDIVIDUAL AS A RESEARCH SUBJECT (AUG 1995)

752.7013 CONTRACTOR-MISSION RELATIONSHIPS (OCT 1989)

iv

752.7014 NOTICE OF CHANGES IN TRAVEL REGULATIONS (JAN 1990)

752.7015 USE OF POUCH FACILITIES (JUL 1997)

752.7018 HEALTH AND ACCIDENT COVERAGE FOR USAID PARTICIPANT TRAINEES (JAN 1999)

752.7019 PARTICIPANT TRAINING (JAN 1999)

752.7021 CHANGES IN TUITION AND FEES (APR 1984)

752.7022 CONFLICTS BETWEEN CONTRACT AND CATALOG (APR 1984)

752.7023 REQUIRED VISA FORM FOR USAID PARTICIPANTS (APR 1984)

752.7024 WITHDRAWAL OF STUDENTS (APR 1984)

752.7025 APPROVALS (APR 1984)

752.7027 PERSONNEL (DEC 1990)

752.7028 DIFFERENTIAL AND ALLOWANCES (JUL 1996)

752.7029 POST PRIVILEGES (JUL 1993)

752.7030 INSPECTION TRIPS BY CONTRACTOR'S OFFICERS AND EXECUTIVES (APR 1984)

752.7031 LEAVE AND HOLIDAYS (OCT 1989)

752.7032 INTERNATIONAL TRAVEL APPROVAL AND NOTIFICATION REQUIREMENTS (JAN 1990)

752.7033 PHYSICAL FITNESS (JUL 1997)

752.7034 ACKNOWLEDGMENT AND DISCLAIMER (DEC 1991)

752.7035 PUBLIC NOTICES (DEC 1991)

752.7101 VOLUNTARY POPULATION PLANNING ACTIVITIES (JUN 2008)

52.223-13 CERTIFICATION OF TOXIC CHEMICAL RELEASE REPORTING (AUG 2003)

52.233-2 SERVICE OF PROTEST (SEP 2006)

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

K.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

K.3 52.209-8 UPDATES OF INFORMATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

K.4 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2006)

K.5 52.215-1 INSTRUCTIONS TO OFFERORS—COMPETITIVE ACQUISITION (JAN 2004)

K.6 52.230-1 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION (JUNE 2000)

v

K.7 52.219-23 NOTICE OF PRICE EVALUATION ADJUSTMENT FOR SMALL

DISADVANTAGED BUSINESS CONCERNS (OCT 1999)

K.8 752.226-01 DISADVANTAGED ENTERPRISE REPRESENTATION (APR 1991)

K.9 INSURANCE - IMMUNITY FROM TORT–LIABILITY

K.10 AGREEMENT ON, OR EXCEPTIONS TO, TERMS AND CONDITIONS

K.11 SIGNATURE

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

L.2 52.215-1 INSTRUCTIONS TO OFFERORS—COMPETITIVE ACQUISITION (JAN 2004)

L.3 52.216-1 TYPE OF CONTRACT (APR 1984)

L.4 52.233-2 SERVICE OF PROTEST (SEPT 2006)

L.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

L.6 GENERAL INSTRUCTIONS TO OFFERORS

L.7 FORMAT FOR TECHNICAL PROPOSALS

L.8 GENERAL INSTRUCTIONS FOR THE PREPARATION OF THE TECHNICAL PROPOSAL

L.9 INSTRUCTIONS FOR THE PREPARATION OF THE COST PROPOSAL

L.10 INSTRUCTIONS FOR THE PREPARATION OF THE BRANDING IMPLEMENTATION PLAN (BIP)

SECTION M - EVALUATION FACTORS FOR AWARD

M.1 GENERAL INFORMATION

M.2 TECHNICAL EVALUATION CRITERIA

M.3 COST EVALUATION CRITERIA

M.4 DETERMINATION OF THE COMPETITIVE RANGE AND CONTRACT AWARD

M.5 CONTRACTING WITH SMALL BUSINESS CONCERNS AND DISADVANTAGED ENTERPRISES

SOL-527-10-000007 Page 1 of 162

PART I - THE SCHEDULE

SECTION B - SERVICES AND COSTS

B.1 PURPOSE

The purpose of this contract is to measurably improve forest governance and environmental management, conserve sustainable tropical forest landscapes, and increase forest-based livelihoods in Peru in the context of implementing the U.S.-Peru Trade Promotion Agreement (PTPA) and other international agreements.

B.2 CONTRACT TYPE

This is a Cost-Plus-Fixed-Fee (CPFF) Completion Type contract, for a total period of performance of sixty (60) months, comprised of a 3-year Base Period and two (2), 1-year Option Periods.

The contract is performance based, with award of either or both Option Periods to be contingent upon successful performance during the preceding period(s). Successful performance is defined as having met or exceeded all performance objectives scheduled to be completed as of the time set for exercise of the option. The performance objectives, performance indicators and standards, and agreed milestones or targets are set forth in the Performance Monitoring Plan and Section C, below.

B.3 ESTIMATED COST, FIXED FEE, AND OBLIGATED AMOUNT

(a) The estimated cost for the performance of the work required hereunder, exclusive of fixed fee, is: $TBD. The estimated fee is $TBD. The estimated cost plus fixed fee is $TBD. The Contractor shall not exceed the obligated amount in accordance with the Limitation of Funds clause, FAR 52.232.22.

(b) Within the estimated cost plus fixed fee specified in paragraph (a) above, the amount currently obligated and available for reimbursement of allowable costs incurred by the Contractor (and payment of fee) for performance hereunder is TBD.

(c) Funds obligated hereunder are anticipated to be sufficient through TBD.

B.4 INDIRECT COSTS (DEC 1997)

The contract clause entitled “Allowable Cost and Payment (DEC 2002)”, FAR Subpart 52.216-7, specifies that the indirect cost rates must be established for each of the Contractor’s accounting periods which apply to this contract. Pending establishment of revised provisional or final indirect cost rates, allowable indirect costs will be reimbursed on the basis of the following negotiated provisional or predetermined rates and the appropriate bases:

Description Rate Base Type Period 1/ 1/ 1/ 2/ 2/ 2/ 3/ 3/ 3/

SOL-527-10-000007 Page 2 of 162

1/Base of Application:

Type of Rate: Provisional Period:

2/Base of Application:

Type of Rate: Provisional Period:

3/Base of Application:

Type of Rate: Provisional Period:

B.5 COST REIMBURSABLE

The U.S. dollar costs allowable must be limited to reasonable, allocable and necessary costs determined in accordance with FAR 52.216-7, Allowable Cost and Payment, FAR 52.216-8, Fixed Fee, if applicable, and AIDAR 752.7003, Documentation for Payment.

[END OF SECTION B]

SOL-527-10-000007 Page 3 of 162

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 TITLE AND PURPOSE

C.1.1 Title: Environmental Management and Forest Governance Support Activity (Environmental Chapter and Forest Governance Annex of the United States-Peru Trade Promotion Agreement)

C.1.2 Purpose: The purpose of this contract is to measurably improve forest governance and environmental management, conserve sustainable tropical forest landscapes, and increase forest-based livelihoods in Peru in the context of implementing the U.S.-Peru Trade Promotion Agreement (PTPA) and other international agreements. USAID will focus its efforts on assisting the Government of Peru (GOP) to implement a new groundbreaking forestry law that will play a fundamental role in moving Peru into a low emissions, high sequestration development pathway in the land use sector. This activity will coordinate with the Peruvian forest authorities, the Ministry of Environment, and the World Bank Forest Carbon Partnership Facility to assist the GOP in implementing its Reduction of Emissions from Deforestation and Forest Degradation (REDD) Readiness Preparation Proposal and other national climate change initiatives. It will address the most influential drivers of deforestation and forest degradation, which include illegal logging, lack of forest governance, land use conversion, informal mining, and an economically under-competitive timber industry.

C.2 BACKGROUND

The PTPA was signed on April 12, 2006 and entered into force in February 2009.1 The Agreement commits parties to effectively enforce their own domestic environmental laws and adopt, maintain, and implement laws, regulations and all other measures to fulfill obligations under the seven covered multilateral environmental agreements. The Environmental Chapter includes an Annex on Forest Sector Governance, addressing the environmental and economic consequences of trade associated with illegal logging and illegal trade in wildlife, and provides concrete steps that the Parties will take to enhance forest sector governance and promote legal trade in timber products, with special emphasis on, but not limited to, species listed under the Convention on International Trade in Endangered Species. The Chapter includes provisions recognizing the importance of conserving and protecting biodiversity, and creates a public submissions process with an independent secretariat for environmental matters to ensure that views of civil society are appropriately considered.2

On July 24, 2006, the Governments of the United States and Peru signed an Environmental Cooperation Agreement (ECA) that provides a framework for enhancing bilateral environmental cooperation between the Parties aimed at protecting, improving, and preserving the environment, including the conservation and sustainable use of their natural resources. In so doing, the Parties recognized that cooperation is the principal means for ensuring that trade and environmental policies are mutually supportive and promote the optimal use of resources in accordance with the objective of sustainable development. 3

1 Information on the Peru Trade Promotion Agreement can be found at http://www.ustr.gov/trade-agreements/free-trade-agreements/peru-tpa 2 The full text of the Environmental Chapter and Forest Governance Annex can be found at http://www.ustr.gov/sites/default/files/uploads/agreements/fta/peru/asset_upload_file953_9541.pdf 3 The full text of the Peru Environmental Cooperation Agreement can be found on U.S. Department of State’s website at http://www.state.gov/g/oes/env/trade/peru/81638.htm

SOL-527-10-000007 Page 4 of 162

The ECA also establishes an Environmental Cooperation Commission (ECC) and obligates the ECC to define a Work Program4, establishing specific goals, objectives and areas for cooperation in a way that reflects national priorities of each Party. In addition, the Sub- Committee on Forest Sector Governance was created to facilitate cooperation between the parties and to provide a forum for the parties to share views and information on any matter arising under Annex on Forest Sector Governance of the PTPA. The Sub-Committee, chaired by the Office of the U.S. Trade Representative (USTR) for the United States and the Ministry of Foreign Commerce and Tourism (MINCETUR) for Peru, is to be composed of governmental representatives of both Parties possessing expertise relevant to matters addressed in the Annex.

Additional information about development challenge and opportunity, activity rationale, and coordination critical to this contract appear in the annex at the end of this Section.

C.3 OBJECTIVES, TASKS, PERFORMANCE STANDARDS AND INDICATORS

The following paragraphs set out the results, sub-results, activities and performance indicators that will define the work of this contract.

Objective 1: Institutional, technical, and legal aspects of Peru’s forest sector governance system are strengthened.

Task 1.1. The contractor shall assist Peruvian government agencies to put in place effective and coordinated administrative, monitoring, and enforcement systems to combat illegal logging and corruption in the sector.

Performance Standard 1.1.1 Personnel responsible for enforcement of forestry laws and prosecution of forest crimes equipped with adequate skills, knowledge, and technologies to fulfill these duties.

Performance Standard 1.1.2 The Government of Peru’s (GOP) implementation of all legal and regulatory reforms called for by the PTPA Forest Sector Governance Annex is effectively supported.

Performance Standard 1.1.3 Government environmental and forestry authorities responsible for overseeing forest lands equipped with the skills, knowledge, and technologies to carry out their duties.

Performance Standard 1.1.4 Technically sound timber verification and tracking systems established and implemented.

Performance Standard 1.1.5 Effective public and private sector communication strategies that recognize the cultural differences among different ethnic groups in Peruvian society are developed and launched to achieve the results above.

Performance Standard 1.1.6 Systems of public participation and transparency in forestry laws, policies, and regulations are improved and effective.

Task 1.2. The contractor shall assist national, regional and local government entities to effectively fulfill their responsibilities for forest management, including competitively and transparently awarding and managing forest concessions.5

4 The full text of the United States - Peru Environmental Cooperation 2009-2010 Work Program can be found on U.S. Department of State’s website at http://www.state.gov/documents/organization/133528.pdf 5 Forest management is generally defined herein as stewardship, protection, and use of designated forest areas to achieve specific social, economic, and environmental objectives by applying scientific, economic, and social principles to the practice of forestry.

SOL-527-10-000007 Page 5 of 162

Performance Standard 1.2.1 Regional and local government authorities equipped with the skills, knowledge, and technologies to fulfill their new forest management duties and responsibilities as part of the GOP’s decentralization process.

Performance Standard 1.2.2 A new system for managing and awarding forest concessions, in a competitive and transparent manner is designed and implemented.

Task 1.3. The contractor shall assist Peruvian government agencies to increase compliance with the Convention on International Trade in Endangered Species (CITES).

Performance Standard 1.3.1 CITES scientific, management, and enforcement authorities strengthened.

Performance Standard 1.3.2 Science-based studies, including forest inventories, technical analyses, forest population health studies, and timber conversion rates conducted.

Performance Standard 1.3.3 Government, local universities and other institutions’ development and management of sustainable wildlife management activities, including support to animal rescue/rehabilitation centers, effectively supported.

Objective 1 Performance Indicators and Targets:

Indicator Base Period Option Year

Option Year

(5 year total)

Percent of administrative units in the system of forest sector governance at national, regional, and local levels fully operationally effective with respect to PTPA and other international obligations (as measured by adequacy of staffing, training, budget, equipment, information resources, legal authority, implementing regulations, and operating manuals).

45% nationally;

54% in Amazon regions

60% nationally;

72% in Amazon regions

75% nationally;

90% in Amazon regions

Number of policies, laws, agreements or regulations promoting sustainable natural resource management and conservation that are implemented as a result of USG assistance.

1,1406 1,520 1,900

Number of people receiving USG supported training related to forest sector governance. 3,600 4,800 6,000

Objective 2: Biodiversity conserved in forests, protected areas, and other ecologically important ecosystems through increased private sector investment in sustainable products, services, and livelihoods.

Task 2.1. The contractor shall assist Peruvian government agencies to develop and implement strategies and tools to provide incentives for public and private investments in conservation and sustainable natural resources management.

Performance Standard 2.1.1 Flexible, voluntary, and incentive-based mechanisms to attract private investments in sustainable forest management, including international forest certification, carbon market plans and tools, and bio–trade developed and deployed.

6 This indicator and the targets in all three columns include forest concession annual operating plans.

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Task 2.2. The contractor shall assist people, especially indigenous communities, and micro, small, and medium-scale enterprises to benefit from the licit and sustainable use of natural resources.

Performance Standard 2.2.1 People, especially indigenous communities, equipped with the skills and knowledge to implement community-based and sustainable livelihoods initiatives, including commercial timber operations and carbon market mechanisms, agroforestry, non-forest timber products, and other sustainable livelihoods such as ecotourism.

Performance Standard 2.2.2 People, especially indigenous communities, equipped with enterprise management skills and resources to protect natural areas, particularly reserve boundaries.

Objective 2 Performance Indicators and Targets:

Indicator Base Period Option Year 1 Option Year 2 (5 year total)

Amount of new public and private investment executed in natural resource management and/or biodiversity conservation.

$7.2 million $9.6 million $12 million

Number of hectares under improved natural resource management as a result of USG assistance.

1.2 million 1.6 million 2 million

Quantity of greenhouse gas emissions, measured in metric tons of CO2 equivalent, reduced or sequestered as a result of USG assistance in natural resources management, agriculture, and/or biodiversity sectors

Based on number of hectares (above)

Based on number of hectares (above)

Based on number of hectares (above)

Amount of increase in sales of goods and services produced by assisted MSMEs or communities in the targeted regions (disaggregated by gender and ethnicity).

$4.8 million $6.4 million $8 million

Number of people receiving USG supported training in natural resources management and/or biodiversity conservation (disaggregated by gender and ethnicity).

360 480 600

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Objective 3: Ability of national, regional and local authorities to effectively manage natural resources and enforce environmental laws is strengthened.

Task 3.1. The contractor shall strengthened the capacity of public and private sector entities to improve environmental management in Environmental Cooperation Agreement-identified priority areas.

Performance Standard 3.1.1 Improved systems for public participation and transparency in environmental and natural resources laws, policies and regulations are developed and implemented.

Performance Standard 3.1.2 The Ministry of Environment, the National Service for Natural Protected Areas (SERNANP), the Environmental Evaluation and Investigation Organization (OEFA), and the Ecological Police are trained and equipped to effectively manage natural resources and protected areas and enforce environmental laws.

Performance Standard 3.1.3 The Government of Peru’s (GOP) implementation of its REDD Readiness Preparation Proposal is effectively supported.

Performance Standard 3.1.4 Regional and local governments are trained and equipped to effectively and sustainably manage natural resources and enforce environmental laws.

Performance Standard 3.1.5 High priority projects described in the Environmental Cooperation Agreement 2011-13 work plan (specific activities to be identified by USAID in late-2010) are effectively supported.

Performance Standard 3.1.6 A monitoring and compliance system tracking achievement of Environmental Chapter and Forest Sector Governance Annex requirements is developed and implemented.

Objective 3 Performance Indicators and Targets:

Number of hectares under improved natural resource management as a result of USG assistance.

600,000 800,000 1 million

Quantity of greenhouse gas emissions, measured in metric tons of CO2 equivalent, reduced or sequestered as a result of USG assistance in natural resources management, agriculture, and/or biodiversity sectors

Based on number of hectares (above)

Based on number of hectares (above)

Based on number of hectares (above)

Number of hectares in areas of biological significance under improved management as a result of USG assistance.

150,000 200,000 250,000

Number of policies, laws, agreements, regulations, and management plans promoting sustainable natural resources management and conservation that are implemented as a result of USG assistance.

30 40 50

Number of people receiving USG supported training in natural resources management and/or biodiversity conservation.

600 800 1,000

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Objective 4: Biodiversity is conserved in forests, protected areas, and other ecologically important ecosystems through increased private sector investments in sustainable products and livelihoods in Alternative Development program areas.

Task 4.1. The contractor shall assist Peruvian government agencies to develop and implement strategies and tools to provide incentives for public and private investments in conservation and sustainable natural resources management.

Performance Standard 4.1.1 Flexible, voluntary, and incentive-based mechanisms to attract private investments in sustainable forest management, including international forest certification, carbon market plans and tools, and bio–trade as an alternative to illicit agriculture, particularly coca growing and production, developed and deployed.

Performance Standard 4.1.2 Private resources mobilized, which establish new economic links between licit traders and producers in support of improved forest practices, through intermediaries who are willing to support forest-based alternative development, including forest certification and commercialization.

Task 4.2. The contractor shall assist people and micro, small, and medium-scale enterprises to benefit from the licit and sustainable use of natural resources.

Performance Standard 4.2.1. Alternative sustainable forest management and community-based agroforestry production, non-timber forest products, and other demand-driven livelihoods including sustainable tourism identified, designed and implemented.

Objective 4 Performance Indicators and Targets:

Hectares of alternative crops7 targeted by USG programs under cultivation (including hectares under improved natural resource management).

4,800 6,400 8,000

Number of people with increased economic benefits derived from sustainable natural resource management and conservation as a result of USG assistance (disaggregated by gender and ethnicity).

6,000 8,000 10,000

Increased sales of licit farm and non-farm products in USG assisted areas over previous year.8

$6 million9 $8 million $10 million

Number of full-time equivalent (FTE) new sustainable jobs (disaggregated by gender and ethnicity).

6,000 8,000 10,000

7 Alternative crops for the purpose of this activity should be timber and non-timber forest products that support improved natural resource management.

8 This is a standard USAID indicator. Alternative crops for the purpose of this activity should be timber and non-timber forest products that support improved natural resource management.

9 The targets in this row are cumulative for years 3, 4, and 5. The contractor will need to report both increases in annual sales as well as the cumulative sales.

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C.4 DESCRIPTION OF ACTIVITIES

As noted earlier, the purpose of this contract is to measurably improve forest governance, biodiversity conservation, environmental management, and forest-based livelihoods in Peru in the context of implementation of the United States-Peru Trade Promotion Agreement (PTPA) and other international agreements. This will be accomplished by implementing capacity building, technical assistance, and logistical and administrative support activities.

The United States Forest Service (USFS) has been involved as the implementing agency of the ECC carrying out activities defined in the ECA and in accordance with obligations under the PTPA Forest Sector Annex. The USFS has served as the lead technical agency with the USAID/USFS Peru Forest Sector Initiative as the local implementing entity. The role of the USFS has been to provide technical assistance and resources in collaboration with the Peruvian government and other diverse partners. The USFS role will focus on providing government-to-government technical support to Peru on issues related to forestry. The USFS will continue to collaborate closely with USAID, including with issues related to the oversight and technical direction of this Activity.

A major part of the work activities presented above under Result 1 will be provided to support the work of the Peru Forest Sector Initiative (described in the Annex, Section 3.1. Other USAID/Peru Activities). Much of the work defined by Result 3 will support national, regional and local governments, including Ministry of Environment, SERNANP, and the Environmental Evaluation and Investigation Organization (OEFA). The activities of Results 2 and 4 will principally be provided at the regional and local levels to communities, business and investment entities and directly to individuals and families.

The following is a list of tasks the contractor shall carry out:

Objective 1:

Provide logistical support to the Peru Forest Sector Initiative. For example, collection and maintenance of information, development of summaries and performance reports, translation of documents and other materials, purchase of equipment for Peruvian government agencies and contracting with local organizations.

Provide short and long-term technical assistance to national, regional, and local Peruvian authorities in the area of forest governance.

Conduct capacity building needs assessments of national, regional and local government and design and implement capacity building activities.

Objective 2:

Provide short and long-term technical assistance to forest concessions, native communities, and other forest products businesses to increase sales of sustainable products and services.

Objective 3:

Provide short and long-term technical assistance to national, regional, and local Peruvian authorities in the area of environmental management and governance.

Conduct capacity building needs assessments of national, regional and local government and design and implement capacity building activities.

Objective 4:

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Provide short and long-term technical assistance to Alternative Development communities, native communities, and micro, small, and medium-sized businesses to increase sales of sustainable products and services.

Other:

Oversight, monitoring, evaluation and reporting (program summaries and reports) assistance to USAID and its partners.

Prepare communications materials for USAID, the U.S. Forest Service, the Ministry of Environment, the Forestry and Wildlife Directorate of the Ministry of Agriculture, or Regional Governments.

Provide interpretation and translation services. The contractor will translate materials into Spanish and English on an as-needed basis, to include: communications materials, laws and regulations, training materials, final lessons learned report, monitoring and evaluation strategy, and simultaneous translation for meetings with non-Spanish speakers.

Procurement services. At the request of USAID/Peru, provide procurement services for equipment needed by national, regional or local forest and environmental authorities.

C.5 COORDINATION OF WORK

One of the key features of this contract is that all major activities intended to support implementation of the PTPA are developed collaboratively with the GOP, with an interagency group from the U.S. government, and in consultation, as appropriate, with civil society. For this reason, execution of this contract will be within a specific consultative structure. Annual work plans will be approved by Coordinating Committees with representatives from USAID, USTR, USFS, State Department, and the Ministry of International Commerce and Tourism (MINCETUR). These Coordinating Committees report to the Forest Sector Sub-Committee or Environmental Affairs Council as shown in the figure below. USAID’s PFSI will serve as the technical secretary for the Forestry Coordination Committee. The contractor is ultimately responsible to the USAID Contracting Officer and Contracting Officer’s Technical Representative (COTR), but annual work plans will be consulted with appropriate stakeholders within the GOP and civil society prior and approved by the respective Coordinating Committee.

The relationships between the parties are shown in figure below.

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Forestry Coordination Committee Composed of USTR, MINCETUR, State

Department, USAID, and USFS.

This committee will approve Results 1 and 2 of the contractor annual work plan.

Environmental Coordination Committee Composed of USTR, State Department, USAID, and MINCETUR. This committee will approve Result 3 of the contractor annual work plan.

Forest Sector Sub-Committee Chaired by USTR and MINCETUR

Composed of governmental representatives of both Parties.

Environmental Affairs Council Chaired by USTR, State Department, and MINCETUR. Composed of governmental representatives of both Parties.

Consultation Groups Various Consultation Groups formed of Peruvian Stakeholders: DGFFS, MINAM, MINCETUR, OSINFOR, SUNAT; Regional and Local Governments, Ecological Police;

ADEX, National Wood Federation, and other private sector representatives, Native

Community Federations, and NGOs.

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C.6 PERFORMANCE MANAGEMENT PLAN (PMP)

The monitoring and evaluation strategy shall include a Program-wide performance monitoring plan with results statements, indicators and targets jointly defined with USAID and implementing agencies. The PMP shall include key indicators to be geo-referenced for subsequent inclusion in a GIS-based project database. The geo-referenced indicators will be jointly selected on the basis of cost-effectiveness and management utility. The PMP is as submitted as part of the technical approach and approved at time of award. The plan includes a description of management of the performance monitoring plan, including agreed-upon responsibilities of the contractor and partners in terms of delivering indicator data for joint reporting. The contractor will plan for evaluations and special studies that will be used to measure progress over time and to understand obstacles impeding progress. The contractor and USAID will define the activity’s starting point by establishing a performance baseline. The contractor will identify the data collection methods that will be used, the frequency of data collection, and the responsibility for data collection, compilation, analysis, and data quality assessments, and will describe how data will be used for decision-making on how to improve performance and resource allocation. As part of the annual work plans, the contractor will update the PMP with new performance information.

C.7 ENVIRONMENT, GENDER, INDIGENOUS PEOPLES AND CONFLICT

MANAGEMENT – PROCEDURES AND GUIDELINES

C.7.1 Environment: The Foreign Assistance Act of 1961, as amended, Section 117 requires that the impact of USAID’s activities on the environment be considered and that USAID include environmental sustainability as a central consideration in designing and carrying out its development programs. This mandate is codified in Federal Regulations (22 CFR 216) and in USAID’s Automated Directives System (ADS) Parts 201.3.11.2b and 204 (http://www.usaid.gov/policy/ads/200/), which, in part, require that the potential environmental impacts of USAID-financed activities are identified prior to a final decision to proceed and that appropriate environmental safeguards are adopted for all activities. The contractor’s environmental compliance obligations under these regulations and procedures are specified in the following paragraphs.

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

No activity funded under this contract will be implemented unless an environmental threshold determination, as defined by 22 CFR 216, has been reached for that activity, as documented in a Request for Categorical Exclusion (RCE), Initial Environmental Examination (IEE), or Environmental Assessment (EA) duly signed by the Bureau Environmental Officer (BEO).

(Hereinafter, such documents are described as “approved Regulation 216 environmental documentation.”).

An Initial Environmental Examination (IEE) (LAC-IEE-1026) has been approved for the New Peru Andean Trade Capacity Building Activity – Results 9, 10, and 11 funding this contract. The IEE covers activities expected to be implemented under this contract. USAID has determined that a Negative Determination with conditions applies to one or more of the proposed activities. This indicates that if these activities are implemented subject to the specified conditions, they are expected to have no significant adverse effect on the environment. The Contractor shall be responsible for implementing all IEE conditions pertaining to activities to be funded under this solicitation.

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

If the contractor plans any new activities outside the scope of the approved Regulation 216 environmental documentation, it shall prepare an amendment to the documentation for USAID review and approval. No such new activities shall be undertaken prior to receiving written USAID approval of environmental documentation amendments.

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

Since the approved Regulation 216 documentation is an IEE that contains one or more Negative Determinations with conditions, the contractor shall prepare an environmental mitigation and monitoring plan (EMMP) or a project mitigation and monitoring (M&M) plan, describing how the contractor will, in specific terms, implement all IEE conditions that apply to proposed project activities within the scope of the award. The EMMP or M&M Plan shall include monitoring the implementation of the conditions and their effectiveness. The completed EMMP or M&M Plan shall be integrated into the initial work plan and into subsequent Annual Work Plans, making any necessary adjustments to activity implementation in order to minimize adverse impacts to the environment.

USAID anticipates that environmental compliance and achieving optimal development outcomes for the proposed activities will require environmental management expertise. Respondents to the RFP should therefore include as part of their proposal their approach to achieving environmental compliance and management, to include:

a) The respondent’s approach to developing and implementing an EMMP or M&M Plan.

b) The respondent’s approach to providing necessary environmental management expertise, including examples of past experience of environmental management of similar activities.

c) The respondent’s illustrative budget for implementing the environmental compliance activities.

For the purposes of this solicitation, Contractors should reflect illustrative costs for environmental compliance implementation and monitoring in their cost proposal.

C.7.2 Indigenous Considerations: The technical approach to every activity under this program will integrate indigenous considerations into the program design and implementation. Though indigenous peoples make up a significant portion of the population, they have historically been underrepresented in environmental and forestry matters, have not been properly instructed as to their labor rights, and experience various forms of work place discrimination, to include forced labor. USAID/Peru will require implementing partners to consider International Labor Organization Convention 169, concerning indigenous and tribal peoples when assessing discriminatory practices related to indigenous communities. Special consideration will be given to empower indigenous communities. Results and indicators will be, where appropriate, disaggregated by ethnicity.

C.7.3 Gender and Other Requirements: Women represent over 40 percent of the economically active population and frequently they and the children they care for are the most vulnerable to environmental degradation. The contract work will integrate gender as a cross-cutting consideration in the design, implementation, and evaluation of this activity, addressing at least these two questions: (1) “How will gender relations affect the achievement of sustainable results?”; and (2) “How will proposed activities affect the relative status of men and women?”

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This contract work will include a gender analysis which will be used to ensure that both men and women are involved in project work and they will benefit from the work appropriately.

Furthermore, the work of this contract will demonstrate how the activity will be monitored, tracked, and evaluated to measure the impact on gender relations and to mitigate any biases that arise against men or women to ensure the highest level of effectiveness and sustainability.

All results and indicators, where appropriate, will be disaggregated by gender.

C.7.4 Conflict Management Consideration: Issues surrounding the ownership and management of natural resources, primarily oil, gas, minerals, timber, land, and water are increasingly at the forefront of social conflict in Peru. These issues are particularly acute in areas outside of Lima, where the perceived lack of a consultative process surrounding the ownership and management of resources often drives a wedge between the Government of Peru, local populations, and the private sector. The contract work will integrate conflict prevention and conflict management considerations in the design, implementation and evaluation of is activity.

C.8 SUSTAINABILITY

Environmental management and forest governance, by their nature, are long-term processes.

Peru’s institutions, systems and processes will continue to grow and improve long after this contract ends. The work of this contract shall include developing a sustainability plan that will optimize the adoption of its tools, processes, documents, and other products by Peruvian institutions, communities, and businesses.

C.9 TARGET GEOGRAPHICAL REGIONS

This is a national forestry governance and environmental activity with special interest in the tropical forests of Peru. In addition, for the purposes of this activity, the Alternative Development program area depicted in Result 4 is concentrated in the forested areas from Pucallpa to Aguaytia, in the Department of Ucayali. The Result 2 geographic area should not overlap with the Result 4 geographic area.

[END OF SECTION C]

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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…