SOL-612-15-000008.pdf

RFP Number: SOL-612-15-000008

PART I – THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PURPOSE

The purpose of this contract is to provide technical assistance and services as described in detail in Section C, Statement of Work, aimed at support for the Donor Committee for Agriculture and Food Security based in Malawi

B.2 CONTRACT TYPE

This is a Time and Materials contract. For the consideration set forth below, the Contractor must provide the Level of Effort as described in Section F.6.

B.3 ESTIMATED COST AND OBLIGATED AMOUNT

(a) The estimated cost for the performance of the work required is (will be completed upon contract award).

(b) Within the estimated cost specified in paragraph (a) above, the amount currently obligated and available for reimbursement of allowable costs incurred by the Contractor for performance hereunder is (will be completed upon contract award). The Contractor shall not exceed the aforesaid obligated amount.

B.4 BUDGET

Contract Line Item Description Amount (USD)

001 Labor Year 1 002 Other Direct Costs; Materials Year 1 003 Labor Year 2 004 Other Direct Costs; Materials Year 2 005 Labor Year 3 006 Other Direct Costs; Materials Year 3

Total Budget

These amounts may not be adjusted without a written modification signed by the Contracting Officer. No amounts in excess of the amounts specified shall be billed against the Contract.

RFP Number: AID-612-15-000005 Section B

B.5 PAYMENT

Monthly payment will be made in Malawi Kwacha at the prevailing US Dollar exchange rate at the time of payment. The paying office is USAID/Malawi as indicated in section G.4.

B.6 COST REIMBURSABLE

The U.S. dollar costs allowable shall be limited to reasonable, allocable and necessary costs determined in accordance with FAR 52.216-7, Allowable Cost and Payment, and AIDAR 752.7003, Documentation for Payment.”

END OF SECTION B

SECTION C- STATEMENT OF WORK

Support to the Malawi Donor Committee for Agriculture and Food Security (DCAFS)

C.1. Introduction The Donor Committee for Agriculture and Food Security (DCAFS) is Malawi’s agriculture donor working group. The purpose of the DCAFS is to deepen dialogue, coordination and cooperation among development partners working in the agricultural sector, and also between these partners and the Government of Malawi (GOM) with a view to strengthening the quality of partnership, and effectively supporting the Agriculture Sector Wide Approach (ASWAp) and related agriculture development strategies. The DCAFS has a membership of fifteen donors active in the agriculture sector including major bi-lateral and multi-lateral donors.

The DCAFS Coordinator serves as a facilitator of information and meetings for internal donor discussions as well as DCAFS interaction with the Ministry of Agriculture, Irrigation and Water Development (MoAIWD). The DCAFS Coordinator ensures that donors are well coordinated in their communication with government counterparts and that DCAFS members participate actively in appropriate meetings and discussions with the MoAIWD, such as participation in the ASWAp Technical Working Groups (TWGs). The DCAFS Coordinator also serves as a donor representative when donor representatives are unavailable to attend meetings, and reports back to the DCAFS.

C.2. Background The Government of Malawi formulated the ASWAp, with the objective of greater coordination of investments in support of a results oriented agenda, as a means for achieving the agricultural growth and poverty reduction goals of the Malawi Growth and Development Strategy (MGDS).

The ASWAp offers a strategy for supporting priority activities in the agricultural sector in order to increase agricultural productivity, and the sector’s contribution of agro-processing to economic growth.

C.2.1. Government of Malawi and Development Partner Context Development Partners in Malawi are committed to strengthening and harmonization of commitments to better support the GOM and national efforts to strengthen the Sector Working Group for Agriculture. Development Partners and the GOM are committed to the Comprehensive African Agriculture Development Program (CAADP) process - a strategy to put African agriculture on the path of strong and sustained growth. Building on the first ten years of experience, the African Union in 2014 pledged to renew CAADP for another ten years. The Malawi ASWAp shares the principal elements and priorities of CAADP and closely mirrors its emphasis on agricultural productivity.

A robust ASWAp document and Investment Framework, in conjunction with a strong and inclusive Agriculture Sector Working Group are essential for harmonizing investments in the agriculture sector in line with the Paris Declaration Principles and Busan Partnership. A policy environment that calls for more harmonized approaches to agriculture development, specifically in the Agricultural Sector Working Group, requires an increasingly active donor group to fully coordinate and communicate donor efforts in the sector.

The services of the DCAFS Coordinator are required to assist in strengthening the efforts of the DCAFS members to support the implementation of the ASWAp within the CAADP Framework and improve the associated policy dialogue. The coordinator will support stronger dialogue, coordination and cooperation among development partners, and between these partners and the GOM in respect to Agriculture and Food Security (AFS). The Coordinator also supports DCAFS and MoAIWD to report on progress of Malawi’s agriculture sector to regional bodies such as the African Union and the Common Market for East and Southern Africa (COMESA).

The Coordinator will also serve as a linkage to key agriculture policy discussions, which take place outside of DCAFS and ASWAp such as climate change, resilience building and private sector development forums.

C.2.2. Relationship to Broader Mission Efforts The ASWAp focus areas are: (a) Food security and risk management; (b) Agri-business and market development; and (c) Sustainable land and water management. Participation of USAID/Malawi in the DCAFS and ASWAp Technical Working Groups supports implementation of USAID/Malawi’s Country Development and Cooperation Strategy (CDCS) goal: Malawians’ Quality of Life Improved. The objectives of the ASWAp are in line with the CDCS goal primarily through Development Objective 2: Sustainable Livelihoods Increased.

USAID/Malawi’s CDCS emphasizes integration of activities across sectors, through what has been called the “3 C Approach” which includes:

• Co-locating interventions to the extent that is sensible;

• Coordinating better within USAID and with other Development Partners (DPs); and

• Collaborating to foster linkages among implementing partners and the DPs to improve results and sustainability.

Through this approach USAID hypothesizes: if assistance is integrated then development results will be enhanced, more sustainable, and lead to achievement of our CDCS goal: Malawians’ quality of life improved.

The DCAFS fosters stronger collaboration with both GOM and Development Partners and these efforts hold significant relevance to the CDCS’s 3C approach to integration.

C.3. SCOPE

C.3.1. Overall Objective of the Technical Assistance USAID will support DCAFS by providing funds to acquire technical assistance services of the Coordinator. The DCAFS Coordinator must assist in strengthening the efforts of DCAFS members to support the implementation of the ASWAp within the CAADP Framework, and improving the associated policy dialogue.

C.3.2. Qualifications of the Coordinator

• Masters degree or equivalent, and a minimum of 8 to10 years of relevant professional experience, or equivalent combination of education and experience.

• Management and/or coordination experience with joint donor-funded development programs, and sector wide approaches.

• Demonstrated ability to manage/coordinate multi-disciplinary teams.

• Demonstrated ability to be highly operational, with a hands-on and problem-solving approach.

• Up-to-date knowledge of the Paris Declaration on Aid Effectiveness and Busan

Partnership as well as its subsequent events and institutional arrangements.

• Up-to-date knowledge of current agricultural development topics and issues in

Malawi and the eastern and southern Africa region.

• Familiarity with Malawi Government and systems and procedures strongly preferred.

• Thorough understanding of the CAADP Process strongly preferred.

• Interact with other sector working groups or forums outside of ASWAp that discuss agriculture issues.

• Strong interpersonal and excellent communication skills.

• Strong ability to remain objective and to build relationships/partnerships, to be action- and service-oriented, and to work harmoniously with persons of different nationalities and levels of responsibilities.

• High level of computer literacy, including experience with database development and management.

• Demonstrated fluency in oral and written English.

C.4. SPECIFIC OBJECTIVES

The Contractor must achieve the following objectives: 1) Enhanced harmonization of donor commitments; 2) Improved effectiveness and efficiency of the DCAFS; and 3) Increased donor participation in the ASWAp Technical Working Groups.

The Contractor must provide the services and deliverables identified below and elsewhere in the Contract, subject to the guidance and limitations specified in the Contract.

C.4.1. Overall Contract Requirements Reporting to the DCAFS Chair and Troika, which comprises the current Chair, the Chair before the current one, and the Chair after, and working in cooperation with DCAFS members, the Contractor must:

1. In line with the CDCS 3C approach (co-locating, coordinating, and collaborating) and consistent with the overall terms of the Contract, seek opportunities and coordinate and collaborate with a range of USAID/Malawi partners, and other donor-funded programs as deemed necessary and appropriate by USAID.

2. Demonstrate an understanding of USAID activities to then prepare summary of DCAFS and MoAIWD to inform SEG partners at USAID bi-annual partner meetings and influence/adjust activities as discussed.

3. Facilitate greater effectiveness and efficiency of DCAFS meetings1 and coordination activities by preparing background papers, policy briefs, disseminating information, organizing meetings and maintaining minutes of meetings.

1 Meetings with DCAFS, MoAIWD, invited participants, etc.

4. Maintain a database of current and planned projects by donors with categorization of the types and level of each project's commitments to corresponding components of the ASWAp and its investment framework.

5. Promote greater harmonization of donor commitments by:

a. Identifying further opportunities for harmonization;

b. Conducting analyses to identify constraints to harmonization and propose ways of addressing and mitigating such constraints; and

c. Facilitate discussions between donors with the objective of improving the harmonization of our respective inputs.

6. Where appropriate, follow up with MoAIWD on matters of process arising from DCAFS discussions with Government.

7. Lead DCAFS efforts to harmonize the selection and measurement of (investment) performance indicators and coordinate these with the indicators prioritized under the ASWAp.

8. Assist the DCAFS Chair in the establishment, and servicing of, the Agriculture Sector Working Group.

9. Communicate with MoAIWD to maintain and distribute an account of key events in the agriculture sector and thereby encourage the advanced planning of key events or visits.

10. Work with the DCAFS and MoAIWD to identify and facilitate information sharing about key regional and international developments relevant to the national agricultural sector including the efforts of African Union (AU)/New Partnership for Africa’s Development (NEPAD), Southern African Development Community (SADC), Common Market for Eastern and Southern Africa (COMESA), and the Group of Seven (G7).

11. Stay current with discussions and dialogues pertaining to agriculture which are conducted outside of the ASWAp structure including other sector working groups including climate change and trade and investment promotion.

12. Assist DCAFS in responding to other activities that are prioritized by the Group.

C.5. REPORTING AND OTHER DELIVERABLES

C.5.1. Reporting Requirements

The Contractor must report directly to and work under the supervision of the DCAFS Chair. The Contractor must prepare and sbumit quarterly work plans which will be reviewed, refined and endorsed by the DCAFS Chair, in communication with DCAFS members. The Contractor must also submit quarterly progress reports to DCAFS and the agencies providing funding for this position.

C.5.2. Deliverables The Contractor must provide the following reports and plans to USAID for COR approval.

These reports should also be shared with the DCAFS Chair. All written documentation (correspondence, reports, information sheets, etc.) for submission by the Contractor to USAID/Malawi must be in English unless otherwise requested. In addition to the reports outlined below, the Contractor may be required to respond quickly to ad hoc information requests with short deadlines.

• Quarterly work-plans.

• Short monthly reports.

• Background or policy papers, minutes and related documentation in support of DCAFS operations as directed by the DCAFS Chair and members.

• Monthly updated account of key events in the agricultural sector.

• Maintenance of a projects/programs database summarizing progress in meeting the priority indicators of the ASWAp and linked to harmonization efforts of DCAFS and ASWAp Secretariat.

• At a minimum provide quarterly updates on regional investments and relevant developments on international CAADP efforts and agriculture related plans and priorities from AU/NEPAD, SADC, COMESA and others, including the G7.

• Summaries of DCAFS activities to inform SEG partners at USAID bi-annual partner meetings.

• Periodic analysis of donor support (distribution of financial and technical support against geographical areas, thematic areas, sub-sectors, etc.) carried out and findings widely disseminated.

• Other activities consistent with this Statement of Work, strategy or policy papers as deemed necessary by the DCAFS or its Chairperson.

C.5.3. Work Plans

The Contractor must develop quarterly work plans consistent with the schedule set forth in Section F, to be endorsed by the DCAFS Chair and approved by the COR. The work plans must list activities grouped according to the objectives set forth in Section C.4 above.

C.5.4. Monthly Update Reports The Contractor must provide short monthly update reports that discuss (i) major activities, (ii) priority issues, (iii) any other information required by the COR in writing. These reports are due according to the schedule set forth in Section F.

C.5.5. Quarterly Financial Reports Financial reports must be required according to the schedule specified in Section F. These reports will only be considered delivered when approved by the COR as containing the information required. The reports must also include any additional information required by the

COR.

C.5.6. Work Plan and Ad Hoc Reports As set forth in Section C.5.3 above, it is expected that many of the activities specified in the work plan will establish a requirement for specific deliverables. Those deliverables will be due based on the schedule established in the work plan, including any modifications to the work plan.

Ad hoc reports may be required by the COR in writing and based on deadlines established by the

COR.

C.6. PLACE OF PERFORMANCE

The Contractor must work in Lilongwe, Malawi with some domestic or regional travel as needed.

END OF SECTION C

RFP Number: AID-612-15-000008

SECTION D - PACKAGING AND MARKING

D.1 MARKING, AIDAR 752.7009 (JAN 1993)

(a) It is USAID policy that USAID-financed commodities and shipping containers, and project construction sites and other project locations be suitably marked with the USAID emblem.

Shipping containers are also to be marked with the last five digits of the USAID financing document number. As a general rule, marking is not required for raw materials shipped in bulk (such as coal, grain, etc.), or for semi-finished products which are not packaged.

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

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

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

D.2 BRANDING STRATEGY FOR THIS ACTIVITY

The branding strategy for this contract as specified in USAID ADS 320.3.2.1 is as outlined in Section J – Attachment 1.

Other Organizations: The branding may acknowledge other organizations deemed as partners of an event or deliverable.

D.3 BRANDING AND MARKING POLICY

In accordance with provision D.2 above, and where applicable, the Contractor must comply with the requirements of the policy directives and required procedures outlined in USAID Automated Directive System (ADS) 320.3.2 “Branding and Marking in USAID Direct Contracts” (effective date:01/08/2007) at http://www.usaid.gov/policy/ads/300/320.pdf; and USAID “Graphic Standards Manual” available at www.usaid.gov/branding, or any successor branding policy.

END OF SECTION D

http://www.usaid.gov/policy/ads/300/320.pdf http://www.usaid.gov/branding

SECTION E - INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

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

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

NUMBER TITLE DATE

52.246-6 Inspection -- Time-and-Material and Labor-Hour (May 2001)

E.2 INSPECTION AND ACCEPTANCE

USAID inspection and acceptance of services, reports and other required deliverables or outputs shall take place at: the principle place of performance or at any other location where the services are performed and reports and deliverables or outputs are produced or submitted. The COR listed in Section G has been delegated authority to inspect and accept all services, reports and required deliverables or output.

END OF SECTION E

RFP Number: SOL-612-15-000005

SECTION F – DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

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

52.242-15 STOP-WORK ORDER ALTERNATE I APR 1984

F.2 PERIOD OF PERFORMANCE

The period of performance for the proposed activity is three years starting October XX, 2015 and ending October XX, 2018.

F.3 PLACE OF PERFORMANCE

The place of performance under this Contract is as specified in Section C.

F.4 Key Personnel

(a) The key person for the performance of this contract is the DCAFS Coordinator.

The personnel specified in F.4 (a) above is considered to be essential to the work being performed hereunder and must dedicate 100% of their time under this contract. Prior to replacing any of the specified individuals, the contractor must immediately notify both the Contracting Officer and the Contracting Officer’s Representative (COR) reasonably in advance and shall submit written justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the program. No replacement of personnel must be made by the contractor without the written consent of the Contracting Officer.

F.5 LEVEL OF EFFORT

The required Level of Effort is full time, 100 percent.

For Contract Line Items 0001 and 0002 Contract Year 1 “DCAFS Coordinator” labor as described in Section C., CLINs 0001 and 0002 will be determined to be completed when the first year of Coordinator labor is delivered for the period specified in the clause, Period of Performance, above. Once this period expires, CLIN 0001 and CLIN 0002 is completed.

Contract Line Item 0003 and 0004 Contract Year 2 will be determined to be completed when the second year of “DCAFS Coordinator” labor as described in Section C. is delivered for the period specified in the clause, Period of Performance, above. Once this period expired, CLIN 0003 and 0004 is completed.

Contract Line Item 0005 and 0006 Contract Year 3 will be determined to be completed when the third year of “DCAFS Coordinator” labor as described in Section C, is delivered for the period specified in the clause, Period of Performance, above. Once this period expires, CLIN 0005 and 0006 is completed.

F.6 Reports and Deliverables

F.6.1 Plans and Reports

In accordance with AIDAR clause 752.242-70, Periodic Progress Reports, the Contractor must submit reports and deliverables to the COR as described below.

F.6.2 Work Plans

The work plans specified in Section C must be completed based on the following Schedule: The work plan for the first implementation period of the Contract must extend to the close of fiscal year and must be completed on the following schedule:

i. Draft work plan submitted by the Contractor no later than 15 days after the effective date of the Contract;

ii. Final work plan submitted for approval by USAID no later than 15 days after receiving comments from USAID.

For the two subsequent years, the work plans and any updates to the life of program work plan must be completed on the following schedule:

i. Draft work plans submitted by the Contractor no later than 20 days before the end of each quarter;

ii. USAID provides comments on draft work plans no later than 15 days before the end of each quarter; and

iii. Final work plans submitted for approval by USAID no later than 10 days before the end.

F.6.3 Monthly Progress Reports

The monthly progress reports specified in Section C must be submitted no later than the tenth (10th) day after the completion of each month. This means that these reports are due within 10 days after each month.

F.6.4 Quarterly Financial Reports

Quarterly financial reports must be submitted no later than the thirty days after the completion of each quarter. The quarterly financial reports must contain the information specified in this Section C.5.5 of the contract.

F.6.5 Monthly Distribution Reports These reports must be submitted no later than the fourteenth (14th) day after the completion of each month.

F.6.6 Special/Ad Hoc Reports

Any reports described/identified as Special or Ad Hoc must be submitted on the date specified by the COR in writing.

F.6.7 Final Report

The final report must be submitted 90 days after the completion of the performance period identified in Section F.2 above.

F.7 PERFORMANCE MONITORING AND EVALUATION

Contractor performance will be evaluated jointly by the COR and Contracting Officer and shall form the basis of the Contractor’s permanent performance record with regard to this contract.

Contractor performance will be evaluated in part on the timely completion of deliverables specified in Section F.5 and scope of work in Section C.5.

F.8 SUBMISSION REQUIREMENTS FOR DEVELOPMENT EXPERIENCE

DOCUMENTS (SEPT 2013)

(a) Contract Reports and Information/Intellectual Products.

(1) Within thirty (30) calendar days of obtaining the contracting officer representative's approval, the contractor must submit to USAID's Development Experience Clearinghouse (DEC) one copy each of reports and information products which describe, communicate or organize program/project development assistance activities, methods, technologies, management, research, results and experience. These reports include: Assessments, evaluations, studies, technical and periodic reports, annual and final reports, and development experience documents (defined as documents that:

(i) Describe the planning, design, implementation, evaluation, and results of development assistance; and

(ii) Are generated during the life cycle of development assistance programs or activities.) The contractor must also submit copies of information products including training materials, publications, videos and other intellectual deliverable materials required under the Contract Schedule. The following information is not to be submitted:

(A) Time-sensitive materials such as newsletters, brochures or bulletins.

(B) The contractor's information that is incidental to award administration, such as financial, administrative, cost or pricing, or management information.

(2) Within thirty (30) calendar days after completion of the contract, the contractor must submit to the DEC any reports that have not been previously submitted and an index of all reports and information/intellectual products referenced in paragraph (a)(1) of this clause.

(b) Submission requirements. The contractor must review the DEC Web site for the most up-to-date submission instructions, including the DEC address for paper submissions, the document formatting and the types of documents to be submitted. The submission instructions can be found at: https://dec.usaid.gov.

(1) Standards. (i) Material must not include financially sensitive information or personally identifiable information (PII) such as social security numbers, home addresses and dates of birth.

Such information must be removed prior to submission.

(ii) All submissions must conform to current USAID branding requirements.

(iii) Contract reports and information/intellectual products can be submitted in either electronic (preferred) or paper form. Electronic documentation must comply with Section 508 of the Rehabilitation Act of 1973.

(iv) The electronic submissions must consist of only one electronic file, which comprises the complete and final equivalent of the paper copy.

(v) Electronic documents must be in one of the National Archives and Records Administration (NARA)-approved formats as described in NARA guidelines related to the transfer of permanent E-records. (See http://www.archives.gov/records-mgmt/initiatives/transfer-to-nara.html).

(2) Essential bibliographic information. Descriptive information is required for all contractor products submitted. The title page of all reports and information products must include the contract number(s), contractor name(s), name of the USAID contracting officer's representative, the publication or issuance date of the document, document title, (if non-English, provide an English translation of the title), author name(s), and development objective or activity title (if non-English, provide a translation) and associated number, and language of the document (if non-English). In addition, all hard copy materials submitted in accordance with this clause must have, attached as a separate cover sheet, the name, organization, address, telephone number, fax number, and internet address of the submitting party.

END OF SECTION F

SECTION G - CONTRACT ADMINISTRATION DATA

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

(a) Claims for reimbursement or payment under this contract must be submitted to the Paying Office indicated in the schedule of this contract. The Contracting Officer’s Representative (COR) is the authorized representative of the Government to approve vouchers under this contract. The Contractor must submit either paper or fax versions of the SF-1034--Public Voucher for Purchases and Services Other Than Personal. Each voucher shall be identified by the appropriate USAID contract number, in the amount of dollar expenditures made during the period covered.

(1) The SF 1034 provides space to report by line item for products or services provided. The form provides for the information to be reported with the following elements:

TOTAL EXPENDITURES

(Document Number XXX-X-XX-XXXX-XX)

Line Item Description Amt. Vouchered to Date Amt. Vouchered this Period

0001 Labor $XXXX.XX $XXXX.XX 0002 Material $XXXX.XX $XXXX.XX

0003 Labor $XXXX.XX $XXXX.XX

0004 Material $XXXX.XX $XXXX.XX

0005 Labor $XXXX.XX $XXXX.XX

0006 Material $XXXX.XX $XXXX.XX

Total

$XXXX.XX $XXXX.XX

(2) The fiscal report shall include the following certification signed by an authorized representative of the Contractor:

The undersigned hereby certifies to the best of my knowledge and belief that the fiscal report and any attachments have been prepared from the books and records of the Contractor in accordance with the terms of this contract and are correct: the sum claimed under this contract is proper and due, and all the costs of contract performance (except as herewith reported in writing) have been paid, or to the extent allowed under the applicable payment clause, will be paid currently by the Contractor when due in the ordinary course of business;

the work reflected by these costs has been performed, and the quantities and amounts involved are consistent with the requirements of this Contract; all required Contracting Officer approvals have been obtained; and appropriate refund to USAID will be made promptly upon request in the event of disallowance of costs not reimbursable under the terms of this contract.

BY: ______________________________________________________

TITLE: _____________________________________________________

DATE: _____________________________________________________

(b) Local currency payment. The Contractor is fully responsible for the proper expenditure and control of local currency, if any, provided under this contract. Local currency will be provided to the Contractor in accordance with written instructions provided by the Mission Director. The written instructions will also include accounting, vouchering, and reporting procedures. A copy of the instructions shall be provided to the Contractor's Chief of Party and to the Contracting Officer. The costs of bonding personnel responsible for local currency are reimbursable under this contract.

(c) Upon compliance by the Contractor with all the provisions of this contract, acceptance by the Government of the work and final report, and a satisfactory accounting by the Contractor of all Government-owned property for which the Contractor had custodial responsibility, the Government shall promptly pay to the Contractor any moneys (dollars or local currency) due under the completion voucher. The Government will make suitable reduction for any disallowance or indebtedness by the Contractor by applying the proceeds of the voucher first to such deductions and next to any unliquidated balance of advance remaining under this contract.

(d) The Contractor agrees that all approvals of the Mission Director and the Contracting Officer which are required by the provisions of this contract shall be preserved and made available as part of the Contractor's records which are required to be presented and made available by the clause of this contract entitled "Audit and Records--Negotiation".

G.2 ADMINISTRATIVE CONTRACTING OFFICE

(a) The Contracting Officer with authority to administer the contract is based at:

U.S. Agency for International Development USAID/Malawi

NICO HOUSE

Lilongwe 3, Malawi

(b) Contracting Officer's Authority: The Contracting Officer is the only person authorized to make or approve any changes in the requirements of this contract and notwithstanding any provisions contained elsewhere in this task order, the said authority remains solely in the Contracting Officer. In the event the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustment shall be made in the contract terms and conditions, including price.

G.3 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The Contracting Officer will designate a COR for this contract through a standardized designation letter. A copy of the COR designation letter will be given to the Contractor. The COR’s address is as follows:

U.S. Agency for International Development-Malawi (USAID/Malawi) 1st Floor, NICO House, P.O. Box 30455, City Center Lilongwe 3, Malawi

G.4 PAYING OFFICE

(a) The paying office for this contract is:

The Controller U.S. Agency for International Development-Malawi (USAID/Malawi) 1st Floor, NICO House, P.O. Box 30455, City Center, Lilongwe 3, Malawi

(b) The contractor shall submit invoices as follows: One (1) original of each invoice shall be submitted on an SF-1034 Public Voucher for Purchases and Services Other Than Personal to the Controller, USAID/Malawi. One copy of the voucher and the invoice shall also be submitted to the COR. Electronic submission of invoices is encouraged. The SF- 1034 must be signed, and it must be submitted along with the invoice and any other documentation in Adobe. Paper Invoices shall be sent using the address indicated above. If submitting invoices electronically, do not send a paper copy.

Electronic invoices shall be sent to lilongwevoucher@usaid.gov. If submitting invoices electronically, do not send a paper copy.

(c) Financial Tracking and vouchering: It is likely that multiple resources of funds may be used to fund this contract. The contractor should be prepared to track the use of these multiple financial resources and performance measures associated with these funds.

All vouchers should clearly mark the source of funds. Prior year funds should be disbursed first.

G.5 ACCOUNTING AND APPROPRIATION DATA

REQ Number (will be completed upon contract award) Amount: (will be completed upon contract award)

G.6 TECHNICAL DIRECTIONS/RELATIONSHIP WITH USAID

(a) Technical Directions is defined to include:

(1) Written directions to the Contractor which fill in details, suggest possible lines of inquiry, or otherwise facilitate completion of work;

(2) Provision of written information to the Contractor which assists in the interpretation of drawings, specifications, or technical portions of the work statement;

(3) Review and, where required, provide written approval of technical reports, drawings, specifications, or technical information to be delivered. Technical directions shall be in writing, and shall be within the scope of the work as detailed in Section C.

mailto:lilongwevoucher@usaid.gov

(b) The COR is authorized by design to take any or all action with respect to the following which could lawfully be taken by the Contracting Officer, except any action specifically prohibited by the terms of this Contract:

(1) Assure that the Contractor performs the technical requirements of the contract in accordance with the contract terms, conditions, and specifications.

(2) Perform or cause to be performed, inspections necessary in connection with a) above and require the Contractor to correct all deficiencies; perform acceptance for the Government.

(3) Maintain all liaison and direct communications with the Contractor. Written communications with the Contractor and documents shall be signed as "Contracting Officer Representative" with a copy furnished to the Contracting Officer.

(4) Issue written interpretations of technical requirements of Government drawings, designs, and specifications.

(5) Monitor the Contractor's production or performance progress and notify the Contractor and Contracting Officer in writing of deficiencies observed during surveillance, and direct appropriate action to effect correction. Record and report to the Contracting Officer incidents of faulty or nonconforming work, delays or problems.

(6) Obtain necessary security clearance and appropriate identification if access to Government facilities is required. If to be provided, ensure that Government furnished property is available when required.

LIMITATIONS: The COR is not empowered to award, agree to, or sign any contract (including delivery or purchase orders) or modifications thereto, or in any way to obligate the payment of money by the U.S. Government. The COR may not take any action which may impact on the contract schedule, funds or scope of work. All contractual agreements, commitments, or modifications which involve prices, quantities, quality, and schedules shall be made only by the Contracting Officer.

(c) The COR is required to meet quarterly/semi-annually/annually with the Contractor and the Contracting Officer concerning performance of items delivered under this contract and any other administration or technical issues. Telephonic reports may be made if no problems are being experienced. Problem areas should be brought to the immediate attention of the Contracting Officer.

(d) In the absence of the designated COR, the CO may designate someone to serve as COR in their place. However, such action to direct an individual to act in the COR's stead shall immediately be communicated to the Contractor.

(e) Contractual Problems - Contractual problems, of any nature, that may arise during the life of the contract shall be handled in conformance with specific public laws and regulations (i.e. Federal Acquisition Regulation and Agency for International Development Acquisition Regulation). The Contractor and the COR shall bring all contracting problems to the immediate attention of the Contracting Officer. Only the Contracting Officer is authorized to formally resolve such problems. The Contracting Officer will be responsible for resolving legal issues, determining contract scope and interpreting contract terms and conditions. The Contracting Officer is the sole authority authorized to approve changes in any of the requirements under this contract. Notwithstanding any clause contained elsewhere in this contract, the said authority remains solely with the Contracting Officer. These changes include, but will not be limited to the following areas: scope of work, price, quantity, technical specifications, delivery schedules, and contract terms and conditions. In the event the Contractor effects any changes at the direction of any other person other than the Contracting Officer, the change will be considered to have been made without authority.

(f) Failure by the Contractor to report to the Administrative Contracting Office, any action by the Government considered to a change, within the specified number of days contained in FAR 52.243-7 (Notification of Changes), waives the Contractor's right to any claims for equitable adjustments.

END OF SECTION G

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 SOURCE, ORIGIN AND NATIONALITY REQUIREMENTS, AIDAR 752.225-70

(FEB 1997)

(a) Except as may be specifically approved by the Contracting Officer, all commodities (e.g., equipment, materials, vehicles, supplies) and services (including commodity transportation services) which will be financed under this contract with U.S.

dollars shall be procured in accordance with the requirements in 22 CFR part 228, "Rules on Source, Origin and Nationality for Commodities and Services Financed by USAID."

The authorized source for procurement is Geographic Code 935 (See Attachment 3) for services unless otherwise specified in the schedule of this contract. Guidance on eligibility of specific goods or services may be obtained from the Contracting Officer.

(b) Ineligible goods and services: The Contractor shall not procure any of the following goods or services under this contract:

(1) Military equipment,

(2) Surveillance equipment,

(3) Commodities and services for support of police and other law enforcement activities,

(4) Abortion equipment and services,

(5) Luxury goods and gambling equipment, or

(6) Weather modification equipment.

(c) Restricted goods: The Contractor shall not procure any of the following goods or services without the prior written approval of the Contracting Officer:

(1) Agricultural commodities,

(2) Motor vehicles,

(3) Pharmaceuticals and contraceptive items,

(4) Pesticides,

(5) Fertilizer,

(6) Used equipment, or

(7) U.S. government-owned excess property.

If USAID determines that the Contractor has procured any of these specific restricted goods under this contract without the prior written authorization of the Contracting Officer, and has received payment for such purposes, the Contracting Officer may require the Contractor to refund the entire amount of the purchase.

H.2 752.227-14 RIGHTS IN DATA – GENERAL (OCT 2007)

The following paragraph (d) replaces paragraph (d) of (48 CFR) FAR 52.227-14 Rights in Data—General.

(d) Release, publication and use of data.

(1) For all data first produced or specifically used by the Contractor in the performance of this contract in the United States, its territories, or Puerto Rico, the Contractor shall have the right to use, release to others, reproduce, distribute, or publish such data, except to the extent such data may be subject to the Federal export control or national security laws or regulations, or unless otherwise provided in this paragraph of this clause or expressly set forth in this contract [see paragraph (d)(3) for limitations on contracts performed outside of the US].

(2) The Contractor agrees that to the extent it receives or is given access to data necessary for the performance of this contract which contain restrictive markings, the Contractor shall treat the data in accordance with such markings unless otherwise specifically authorized in writing by the Contracting Officer.

(3) For all data first produced or specifically used by the Contractor in the overseas performance of this contract, the Contractor shall not release, reproduce, distribute, or publish such data without the written permission of the Contracting Officer.

The government also may require the contractor to assign copyright to the government or another party as circumstances warrant or as specifically stated elsewhere in the contract.

H.3 752.228-3 WORKER’S COMPENSATION INSURANCE (DEFENSE BASE

ACT).

(a) The Contractor agrees to procure Defense Base Act (DBA) insurance pursuant to the terms of the contract between USAID and USAID’s DBA insurance carrier unless the Contractor has a DBA self-insurance program approved by the Department of Labor or has an approved retrospective rating agreement for DBA.

(b) If USAID or the Contractor has secured a waiver of DBA coverage (see AIDAR 728.305-70(a)) for contractor’s employees who are not citizens of, residents of, or hired in the United States, the contractor agrees to provide such employees with worker’s compensation benefits as required by the laws of the country in which the employees are working, or by the laws of the employee’s native country, whichever offers greater benefits.

(c) The Contractor further agrees to insert in all subcontracts hereunder to which the DBA is applicable, a clause similar to this clause, including this sentence, imposing on all subcontractors a like requirement to provide overseas workmen’s compensation insurance coverage and obtain DBA coverage under the USAID requirements contract.

Note: Contractors must apply for coverage directly to AON Risk Insurance Services Inc., the agent for AWAC DBA Insurance, at one of the following offices:

1. AON Risk Insurance Services West, Inc 199 Fremont St.,Suite 1400 San Francisco, CA 94105

Hours: 8.30am to 5.00 Pm, Pacific Time Primary contact: Fred Robinson Phone: (415) 486-7516 Fax: (415) 486-7059

E-mail: Fred.Robinson@aon.com

Secondary contact: Angela Falcone Phone: (415) 486-7000 E-mail: Angela.Falcone@aon.com

2. AON Risk Insurance Services East, Inc.

1120 20th St., N.W., Suite 600 Washington D.C. 20036 Hours: 8.30am to 4.00Pm., Eastern Time

Primary contact: Ellen Rowan Phone: (202) 862-5306 Fax: (202) 429-8530

E-mail: Ellen.rowan@aon.com

Secondary contact: Chris Thompson Phone: (202) 862-5302 E-mail: chris.Thomson@aon.com

H.4 EXECUTIVE ORDER ON TERRORISM FINANCING (MAR 2002)

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

A list of these names can be found at the web site of the Office of Foreign Assets Control (OFAC) within the Department of Treasury. That web site is http://treasury.gov/ofac

H.5 USAID DISABILITY POLICY – ACQUISITION (DEC 2004)

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

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

mailto:Ellen.rowan@aon.com mailto:chris.Thomson@aon.com mailto:Ellen.rowan@aon.com mailto:chris.Thomson@aon.com http://treasury.gov/ofac http://www.usaid.gov/about/disability/DISABPOL.FIN.html

(b) USAID therefore requires that the Contractor not discriminate against people with disabilities in the implementation of USAID programs and that it make every effort to comply with the objectives of the USAID Disability Policy in performing this contract.

To that end and within the scope of the contract, the Contractor’s actions must demonstrate a comprehensive and consistent approach for including men, women and children with disabilities.”

H.6 AUTHORIZED GEOGRAPHIC CODE

The authorized geographic code for procurement of goods and services under this contract is

935. As such, this procurement is open to all offers from USAID Geographic Code (Source, Origin and Nationality) 935 which include all countries, except for those designated by the US Government as foreign policy restricted countries (See Attachment 3). The current foreign policy restricted countries are as follows: Libya, Cuba, Iran, North Korea and Syria.

H.7 FOREIGN GOVERNMENT DELEGATIONS TO INTERNATIONAL

CONFERENCES (JAN 2002)

Funds in this contract may not be used to finance the travel, per diem, hotel expenses, meals, conference fees or other conference costs for any member of a foreign government's delegation to an international conference sponsored by a public international organization, except as provided in ADS Mandatory Reference "Guidance on Funding Foreign Government Delegations to International Conferences,” http://www.info.usaid.gov/pubs/ads/300/refindx3.htm or as approved by the Contracting Officer.

H.8 LOGISTIC SUPPORT

The Contractor must furnish all logistic support deemed necessary for the implementation of this contract in Malawi.

H.9 AIDAR 752.7013 CONTRACTOR-MISSION RELATIONSHIPS (OCT 1989)

(a) The Contractor acknowledges that this contract is an important part of the United States Foreign Assistance Program and agrees that its operations and those of its employees in the Cooperating Country will be carried out in such a manner as to be fully commensurate with the responsibility, which this entails.

(b) The Mission Director is the chief representative of USAID in the Cooperating Country. In this capacity, he/she is responsible for the total USAID program in the cooperating country including certain administrative responsibilities set forth in this contract and for advising USAID regarding the performance of the work under the contract and its effect on the United States Foreign Assistance Program. Although the Contractor will be responsible for all professional, technical, and administrative details of the work called for by the contract, it shall http://www.info.usaid.gov/pubs/ads/300/refindx3.htm be under the guidance of the Mission Director in matters relating to foreign policy. The Chief of Party shall keep the Mission Director currently informed of the progress of the work under the contract.

(c) In the event the conduct of any Contractor employee is not in accordance with the preceding paragraphs, the contractor’s Chief of Party shall consult with the Mission Director and the employee involved and shall recommend to the Contractor a course of action with regard to such employee.

(d) The parties recognize the right of the U.S. Ambassador to direct the removal from a country of any U.S. citizen or the discharge from this contract of any third country national or cooperating country national when, at the discretion of the Ambassador, the interests of the United States so require. Under these circumstances, termination of an employee and replacement by an acceptable substitute shall be at no cost to USAID.

(e) If it is determined that the services of such employee shall be terminated, the Contractor shall use its best efforts to cause the return of such employee to the United States or point of origin as appropriate.

H.10 DISCLOSURE OF INFORMATION

(a) Contractors are reminded that information furnished under this solicitation may be subject to disclosure under the Freedom of Information Act (FOIA). Therefore, all items that are confidential to business, or contain trade secrets, proprietary, or personnel information must be clearly marked. Marking of items will not necessarily preclude disclosure when the U.S.