Atatchment_A_Revised_RFP_SOL-615-17-000002_Jan242017.pdf

Attachment A

Revised RFP SOL-615-17-000002

USAID Kenya and East Africa HIV Service Delivery Activity

RFP Issuance Date: December 27, 2016 Closing Date and Time for Submission of Questions: January 10, 2017 at 3:00PM Nairobi Time Closing Date and Time for Submission of Proposals: February 17, 2017 at 9:00AM Nairobi Time

Subject: Request for Proposal (RFP) Number: SOL-615-17-000002, USAID/Kenya & East Africa HIV Service Delivery Support Activity

Dear Potential Offerors:

The United States Agency for International Development (USAID) is seeking proposals to provide key clinical support to the Kenyan National HIV Response for USAID’s Office of Health, Population and Nutrition as described in the attached Request for Proposals (RFP).

Subject to availability of funds, USAID plans to award five separate Performance-based Cost-Plus- Fixed Fee (CPFF) completion type contracts for an anticipated five year performance-based period. The procurement of four (4) separate contracts will be conducted through full and open competition, under which any type of organization (large or small commercial [for profit] firms, educational institutions, and nonprofit organizations) is eligible to compete, while the procurement of one (1) contract will be set-aside for award to small business concerns. The procedures set forth in Federal Acquisition Regulation (FAR) Part 15 apply. An offeror may submit proposals for more than one cluster; as further described in Section L.5.d.

The maximum overall estimated cost of this procurement is $ 306,000,000. Each activity will serve a cluster of counties and objectives detailed below and as further described in Section J.1. The following activities per cluster of counties are estimated to be in the following ranges:

Full and Open Competition: Service delivery (Objectives 1-6):

Cluster1(Homa Bay, Kisumu, Migori, Kisii, Nyamira) $80-$83 Million

Cluster 2 (Baringo, Kajiado, Laikipia, Narok, Nakuru, Samburu, Turkana) $89-$92 Million

Cluster 3 (Embu, Kiambu, Kirinyaga, Meru, Murang’a, Nyandarua, Nyeri, Tharaka Nithi) $40-$43 Million

Full and Open Competition: Service delivery (Objectives 1-5):

Cluster 4 (Busia, Kakamega, Vihiga) $77-$80 Million

Restricted to Small Business: Service Delivery (Objective 6):

Cluster 5 (Busia, Kakamega, Vihiga) $10-$12 Million

The Government is in no way obligated to make any award within the ranges identified.

Revealing the cost range for the contract does not mean that Offerors should strive to meet the maximum amount; rather, Offerors should propose costs that are appropriate, realistic and reasonable, and in accordance with the proposed approach for achieving results. Cost proposals will be evaluated as part of a best value determination.

Offerors should take into account the expected delivery time required by the proposal transmission method as specified in Section L, and they are responsible for ensuring proposals are received at USAID by the due date and time as specified in Section L. Failure to comply with the submission date will deem any submission unacceptable and it will not be reviewed or evaluated. Faxed proposals are not acceptable, nor will they be reviewed or evaluated. USAID requires that offers remain valid for 180 days.

Please refer to Section L for information regarding proposal requirements. Section L of the RFP sets forth all instructions for the preparation and submission of required proposal content, including critical dates/times for the submission of questions, and the proposal submission closing date and time. Section M states the criteria by which proposals will be evaluated. Oral explanations or instructions given before award of the contract will not be binding.

The authorized geographic code for procurement of goods and services under this activity is 935.

The North American Industry Classification System (NAICS) code for this activity is 541990.

The size standard for US Small Business Concerns for this NAICS code is $15 Million.

This RFP in no way obligates USAID to award one or multiple contracts nor does it commit USAID to pay any cost incurred in the preparation and submission of a proposal. This RFP can be viewed and downloaded from www.fbo.gov. USAID bears no responsibility for data errors resulting from transmission or conversion processes. Further, be aware that amendments to solicitations are occasionally issued and will be posted on the same website from which you downloaded the solicitation. USAID advises to regularly check the above website for amendments.

Sincerely, Brian K. Woody Contracting Officer http://www.fbo.gov/

SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

RATING PAGE OF PAGES

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION

SEALED BID (IFB)

X NEGOTIATED (RFP)

5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER

8. ADDRESS OFFER TO (If other than item 7)

10. FOR

INFORMATION

CALL:

A. NAME

Lourdes Valones

B. TELEPHONE (NO COLLECT CALLS) C. E-MAIL ADDRESS

lovalones@usaid.gov

AREA CODE NUMBER EXTENSION

December 27, 2016

SOL No. 615-17-000002

7. ISSUED BY CODE

Office of Acquisition and Assistance see Section L.6 of the RFP USAID Kenya and East Africa c/o US Embassy Nairobi, United Nations Avenue Nairobi , Kenya

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

9. Sealed offers in original and Electronic Copies copies for furnishings the supplies or services in the Schedule will be received at the place specified in item 8, or if hand carried, in the depository located in N/A (See Section L.6 for Submission Instructions)

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.

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

A SOLICITATION/CONTRACT FORM 3 I CONTRACT CLAUSES 63-71

B SUPPLIES OR SERVICES AND PRICES/COSTS 9-12 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

C DESCRIPTION/SPECS./WORK STATEMENT 13 J LIST OF ATTACHMENTS 72

D PACKAGING AND MARKING 14-16 PART IV - REPRESENTATIONS AND INSTRUCTIONS

E INSPECTION AND ACCEPTANCE 17-18

K

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

73-86

F DELIVERIES OR PERFORMANCE 19-31

G CONTRACT ADMINISTRATION DATA 32-35 L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS 87-106

H SPECIAL CONTRACT REQUIREMENTS 36-62 M EVALUATION FACTORS FOR AWARD 106-111

OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within 180 days calendar days (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 set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS(%)

14. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO. DATE AMENDMENT NO. DATE

15A. NAME AND

ADDRESS

OF OFFER-

OR

CODE FACILITY 16. NAME AND THE TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

15B. TELEPHONE NUMBER 15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER SUCH

ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AREA CODE NUMBER EXTENSION

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL OPEN COMPETITION:

10 U.S.C. 2304 (c) 41 U.S.C. 3304(a) ( )

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified) See Section G.5

ITEM

24. ADMINISTERED BY (If other than Item 7) 25. PAYMENT WILL BE MADE BY CODE See Section G.5

26. NAME OF CONTRACTING OFFICER (Type or print)

Kathlyn Bryant

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

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

Previous STANDARD FORM 33 (REV. 6/2014)

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

Table of Contents OFFER (Must be fully completed by offeror)

AWARD (To be completed by Government) Table of Contents

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PURPOSE

B.3 ESTIMATED COST, FIXED FEE AND OBLIGATED AMOUNT

B.4 BUDGET

B.5 INDIRECT COSTS

B.6. CEILING ON INDIRECT COST RATES

B.7 COST REIMBURSABLE

B.8 PAYMENT OF FIXED FEE

SECTION C - DESCRIPTION/SPECIFICATIONS/PERFORMANCE WORK STATEMENT

SECTION D - PACKAGING AND MARKING

D.1 752.7009 MARKING (JAN 1993)

D.2. BRANDING POLICY

D.3. BRANDING STRATEGY AND MARKING PLAN

SECTION E - INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

E.2 INSPECTION AND ACCEPTANCE

E.3 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

SECTION F - DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

F.2 PERIOD OF PERFORMANCE

F.3 PLACE OF PERFORMANCE

F.4 REPORTS AND PERFORMANCE OBJECTIVES OR OUTPUTS

F.5 DELIVERY SCHEDULE FOR REPORTS/PERFORMANCE OBJECTIVES

F.6 PERFORMANCE STANDARDS

F.7 KEY PERSONNEL

F.8 TECHNICAL APPROVAL REQUIREMENTS

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 752.7003 DOCUMENTATION FOR PAYMENT (NOV 1998)

G.2 ADMINISTRATIVE CONTRACTING OFFICE

G.3 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

G.4 TECHNICAL DIRECTIONS/RELATIONSHIP WITH USAID

G.5 PAYING OFFICE

G.6 ACCOUNTING AND APPROPRIATION DATA

G.7 INVOICING INSTRUCTIONS

G.8 CONTRACTOR’S PRIMARY POINT OF CONTACT

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 GRANTS UNDER CONTRACT

H.2 FOREIGN GOVERNMENT DELEGATIONS TO INTERNATIONAL CONFERENCES

(JAN 2002)

H.3 DEFENSE BASE ACT (DBA) INSURANCE FOR 2015-2020

H.4 AUTHORIZED GEOGRAPHIC CODE

H.5 LOGISTIC SUPPORT

H.6 CONSENT TO SUBCONTRACT

H.7 AIDAR 752.229-71 REPORTING OF FOREIGN TAXES (JULY 2007)

H.8 AIDAR 752.222-70 USAID DISABILITY POLICY (DEC 2004)

H.9 752.7007 PERSONNEL COMPENSATION (JULY 2007)

H.10 ADDITIONAL REQUIREMENTS FOR PERSONNEL COMPENSATION

H.11 INFORMATION TECHNOLOGY REQUIREMENT

H.12 MANAGEMENT OF INFORMATION TECHNOLOGY RESOURCES

H.13 VALUE ADDED TAX AND CUSTOMS DUTIES

H.14 752.7032 INTERNATIONAL TRAVEL APPROVALS AND NOTIFICATION

REQUIREMENTS (APR 2014)

H.15 NONEXPENDABLE PROPERTY AND INFORMATION TECHNOLOGY RESOURCES

H.16 ENVIRONMENTAL COMPLIANCE AND MANAGEMENT

H.17 752.222-71 NONDISCRIMINATION (JUNE 2012)

H.18 ELECTRONIC PAYMENTS SYSTEM

H.19 BUSINESS CLASS TRAVEL

H.20 USAID IMPLEMENTING PARTNER NOTICES (IPN) PORTAL FOR ACQUISITION

(JULY 2014)

H.21 USAID-FINANCED THIRD-PARTY WEB SITES (AUG 2013)

H.22 752.231-72 CONFERENCE PLANNING AND REQUIRED APPROVALS (AUG 2013) ... 44

H.23 SUBMISSION OF DATASETS TO THE DEVELOPMENT DATA LIBRARY (DDL)

(OCT 2014)

H.24 752.231-71 SALARY SUPPLEMENTS FOR HG EMPLOYEES (MARCH 2015)

H.25 ELECTRONIC AND INFORMATION TECHNOLOGY ACCESSIBILITY (MAY 2016) 47

H.26 USE OF INFORMATION TECHNOLOGY NOTIFICATION (MAY 2016) (DEVIATION

NO. M/OAA-DEV-FAR- 16-1c)

H.27 CLOUD COMPUTING (MAY 2016)

H.28 CONDOMS (ACQUISITION) (SEPTEMBER 2014)

H.29 CONSCIENCE CLAUSE IMPLEMENTATION (ACQUISITION) – SOLICITATION

PROVISION (FEBRUARY 2012)

H.30 752.7101 VOLUNTARY POPULATION PLANNING ACTIVITIES (JUN 2008)

H.31 302.3.5.16(a)(4) PROHIBITION ON THE PROMOTION OR ADVOCACY OF THE

LEGALIZATION OR PRACTICE OF PROSTITUTION OR SEX TRAFFICKING

(SEPTEMBER 2014)

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

I.2 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (OCT 2015) . 62

I.3 752.242-70 PERIODIC PROGRESS REPORTS (OCT 2007)

I.4 752.225-70 SOURCE AND NATIONALITY REQUIREMENTS (FEB 2012)

I.5 752.245-70 GOVERNMENT PROPERTY—USAID REPORTING REQUIREMENTS . Error!

Bookmark not defined.

JULY 1997 ............................................................................................. Error! Bookmark not defined.

I.6 52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE

CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (APR 2015)

I.7 752.7038 NONDISCRIMINATION AGAINST END-USERS OF SUPPLIES OR

SERVICES (OCT 2016)

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS INCLUDED AND REFERENCED BY LINK

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 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (APR 2016)

K.3 INSURANCE - IMMUNITY FROM TORT LIABILITY

K.4 52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)

K.5 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS—REPRESENTATION (NOV 2015)

K.6 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

K.7 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)

K.8 52.230-1 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION (OCT

2015) 77

K.9 52.230-7 PROPOSAL DISCLOSURE--COST ACCOUNTING PRACTICE CHANGES (APR

2005) 79

K.10 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT

TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

K.11 52.203-98, PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE

CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS –REPRESENTATION (APR 2015) 80

K.12 52.215-6 PLACE OF PERFORMANCE (OCT 1997)

K.13 52.222-56 CERTIFICATION REGARDING TRAFFICKING IN PERSONS

COMPLIANCE PLAN (MAR 2015)

K.14 AUTHORIZED NEGOTIATORS

K.15 SIGNATURE

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

L.2 302.3.5.16(a) (1) CONSCIENCE CLAUSE IMPLEMENTATION (ACQUISITION) –

SOLICITATION PROVISION (FEB 2012)

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

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

L.5 GENERAL INSTRUCTIONS TO OFFERORS

L.6 SUBMISSION/DELIVERY INSTRUCTIONS

L.7 INSTRUCTIONS FOR THE PREPARATION OF THE TECHNICAL PROPOSAL

L.8 COST PROPOSAL INSTRUCTIONS

L.9 INSTRUCTIONS FOR THE PREPARATION OF BRANDING AND MARKING PLANS 101

SECTION M - EVALUATION FACTORS FOR AWARD

M.1 GENERAL INFORMATION

M.2. TECHNICAL EVALUATION CRITERIA

M.3 COST PROPOSAL EVALUATION

M.4 DETERMINATION OF THE COMPETITIVE RANGE AND CONTRACT AWARD

M.5 SOURCE SELECTION

M.6 CONTRACTING WITH SMALL BUSINESS CONCERNS AND DISADVANTAGED

ENTERPRISES

ATTACHMENT J.1: STATEMENT OF OBJECTIVES

ATTACHMENT J-2: ACRONYMS

ATTACHMENT J.3: BUDGET TEMPLATE

ATTACHMENT J.5: IDENTIFICATION OF GEOGRAPHIC CODE

ATTACHMENT J.7: PAST PERFORMANCE INFORMATION (PPI)

ATTACHMENT J.10: INITIAL ENVIRONMENT EXAMINATION

ATTACHMENT J.12 : USAID GUIDANCE ON TAXATION

PART I - THE SCHEDULE

RFP 615-17-000002

HIV Service Delivery Support Activity

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PURPOSE

The purpose of this contract is to provide services that fall within the Scope of Work (SOW) specified in Section C for the HIV Service Delivery Support Activity (HSDSA).

B.2 CONTRACT TYPE

This is a performance-based completion-type Cost-Plus-Fixed-Fee (CPFF) contract. For the consideration set for the below, the Contractor will provide the performance objectives or outputs described in Section C and F, in accordance with performance standards specified in Section E.

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, if any, is $TBD. The fixed fee, if any, is $TBD. The estimated cost plus fixed fee, if any, is

$TBD.

(b) Within the estimated cost plus fixed fee (if any) specified in paragraph (a) above, the amount currently obligated and available for reimbursement of allowable costs incurred by the Contractor (and payment of fee, if any) for performance hereunder is $TBD. The Contractor must not exceed the aforesaid obligated amount in accordance with the Limitation of Funds Clause, FAR 52.232.22.

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

B.4 BUDGET

CLUSTER No. __

Contract Line Item

Description Total

CLIN 001 Direct Costs $TBD CLIN 002 Subcontracts $TBD CLIN 002a Small Business Subcontracts (Minimum of 3% of the Total

Direct Cost must be allocated to Small business)

$TBD

CLIN 002b Other Subcontracts $TBD CLIN 003 Grants under Contracts (GUC)(See Section L.8)* $TBD CLIN 004 Indirect Costs $TBD CLIN 005 Total Fixed Fee $TBD

TOTAL ESTIMATED COST PLUS FIXED FEE $TBD

* Amounts detailed in Section L.8 are lump sums exclusively reserved for GUCs. Any relevant management or administrative expenses must be covered under Direct Costs.

B.5 INDIRECT COSTS

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

TBD TBD TBD TBD TBD

Base of Application: TBD Type of Rate: TBD Period: TBD Source: TBD

[To be determined]

Note: The Contractor is allowed to recover allowable and applicable indirect costs (i.e., overhead, G&A, etc.) consistent with FAR Part 31 and its approved Negotiated Indirect Cost Rate Agreement (NICRA).

B.6. CEILING ON INDIRECT COST RATES

(a) Reimbursement for allowable indirect costs will be at the lower of the negotiated final predetermined rates or the following ceiling rates:

Description Rate Base Type Period

TBD TBD TBD TBD TBD

Base of Application: TBD Type of Rate: TBD Period: TBD Source: TBD

[To be determined]

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

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

B.7 COST REIMBURSABLE

The U.S. dollar costs allowable will be limited to reasonable, allocable and necessary costs determined in accordance with FAR 52.216-7, Allowable Cost and Payment (June 2013), FAR 52.216-8, Fixed Fee (June 2011), and AIDAR 752.7003, Documentation for Payment.

B.8 PAYMENT OF FIXED FEE

Payment of fixed fee will be in accordance with FAR 52.216-8. Pursuant to FAR 16.306(d), the fixed fee payable under this contract will be tied to the execution of tasks and achievement of results per objective outlined in Section C, subject to inspection and acceptance by USAID and in compliance with the terms of the contract. Upon acceptance by USAID and receipt of approval from the Contracting Officer, the Contractor must submit an invoice for the amount of the fee associated with the deliverable and approved fee schedule detailed below:

Deliverable Due Date % Fee $ Amount of Fee Objective 1 Results 1.1 (TBD) TBD TBD TBD Results 1.2 (TBD) TBD TBD TBD Objective 2 TBD TBD TBD Results 2.1 (TBD) TBD TBD TBD Results 2.2 (TBD) TBD TBD TBD Objective 3 TBD TBD TBD Results 3.1 (TBD) TBD TBD TBD Results 3.2 (TBD) TBD TBD TBD Objective 4 TBD TBD TBD Results 4.1 (TBD) TBD TBD TBD Results 4.2 (TBD) TBD TBD TBD Objective 5 TBD TBD TBD Results 5.1 (TBD) TBD TBD TBD Results 5.2 (TBD) TBD TBD TBD Objective 6 TBD TBD TBD Results 6.1 (TBD) TBD TBD TBD Results 6.2 (TBD) TBD TBD TBD

(Note: This table is an illustrative table. A fee schedule will be negotiated with the offeror as described in Section L.8)

[END OF SECTION B]

SECTION C - DESCRIPTION/SPECIFICATIONS/PERFORMANCE WORK

STATEMENT

[USAID will insert the contractor’s Performance Work Statement (PWS) at award; see Section J.1 for the Statement of Objectives that informs the development of Section C.]

[END OF SECTION C]

SECTION D - PACKAGING AND MARKING

D.1 752.7009 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 must 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 will be retained by the Contractor.

D.2. BRANDING POLICY

The Contractor will comply with the requirements of the policy directives and required procedures outlined in USAID Automated Directive System (ADS) 320.3.2 “Branding and Marking in USAID Direct Contracting” (version from January 8, 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.

As per 320.3.2 Branding and Marking in USAID Direct Contracts, USAID policy is to require exclusive branding and marking in USAID direct acquisitions. “Exclusive Branding” means that the program is positioned as USAID’s, as showcased by the program name (e.g., “The USAID/Afya Program”). “Exclusive Marking” means Contractors may only mark USAID-funded programs, projects, activities, public communications, and commodities with the USAID Standard Graphic Identity and, where applicable, the host-country government or ministry symbol or another U.S. Government logo.

It is USAID’s policy that Contractors’ and Subcontractors’ corporate identities or logos must not be used on USAID-funded program materials. The Contractor will also adhere to branding and marking guidelines outlined in the PEPFAR branding guidance found at http://www.pepfar.gov/reports/guidance/index.htm.

D.3. BRANDING STRATEGY AND MARKING PLAN

Branding strategy implementation and marking under this contract will comply with the “USAID Graphics Standards Manual” available at http://www.usaid.gov/branding and any successor branding policy as detailed in the Automated Directive System (ADS) Chapter 320.3.2 “Branding and Marking in USAID Direct Contracting” (version from January 8, 2007) at http://www.usaid.gov/policy/ads/300/320.pdf. Branding will also comply with the requirements under President’s Emergency Plan for AIDS Relief (PEPFAR) funded programs available at http://www.pepfar.gov/documents/organization/198963.pdf.

Activity name: The name of the activity will be the USAID/Kenya “[HSDSA]” program. In every public event or document and in discussions with the Government of Kenya (GoK) and other counterparts, the contractor will identify the activity as the USAID/Kenya “[HSDSA]” program (which can be abbreviated to “[HSDSA]” after the initial reference is made in a particular instance).

Branding: Branding will incorporate the message that the assistance is “From the American People,” and is sponsored by USAID and PEPFAR. USAID policy is to require exclusive branding and marking in all its direct contracts.

Positioning: Publicity materials and communications will clearly reflect the notion that this activity is provided by the American People through USAID and PEPFAR with the close collaboration and support of the Government of Kenya. No other organizations will be acknowledged publicly in connection with HSDSA].

Visibility: USAID and PEPFAR seek a very high level of visibility through USAID/PEPFAR‐ branded public events, high‐level visits, community awareness and training activities, and media coverage. However, the Contractor may propose activities to be exempted from this requirement to the Contracting Officer’s Representative (COR) for concurrence and for Contracting Officer approval.

Approval Procedures: In carrying out the approved Branding Implementation and Marking Plans, the contractor will seek timely approval from the COR for all public and media documents, speeches, and event preparation forms as per USAID/Kenya outreach and communication procedures at least three (3) weeks prior to the implementation date of the subject activity. Specific waivers of branding implementation and marking require Contracting Officer’s advanced written approval.

Anticipated Elements of Marking Plan: Deliverables to be marked include products, equipment and inputs delivered; places where activities are carried out; external public communications, studies, reports, publications and informative and promotional products; and workshops, conferences, fairs and any such events. Studies, reports, publications, Web sites, and all informational and promotional products not authored, reviewed, or edited by USAID must contain a provision substantially as follows, “This study/report/Web site (specify) is made possible by the support of the American People through the United States Agency for International Development (USAID) and the U.S.

President’s Emergency Plan for AIDS Relief. The contents of this (specify) are the sole responsibility of (name of organization) and do not necessarily reflect the views of USAID or the United States Government”.

Graphics Standard Manual: USAID’s webpage contains the electronic version of the Graphic Standards Manual that is compulsory for all contractors to follow.

As per 320.3.2 Branding and Marking in USAID Direct Contracts, USAID policy is to require exclusive branding and marking in USAID direct acquisitions. “Exclusive Branding” means that the program is positioned as USAID’s, as showcased by the project name (e.g., “The USAID/Kenya HIV Service Delivery Support Activity”). “Exclusive Marking” means Contractors may only mark USAID-funded programs, projects, activities, public communications, and commodities with the USAID Standard Graphic Identity and, where applicable, the host-country government or ministry symbol or another U.S. Government logo. It is USAID’s policy that Contractors’ and subcontractors’ corporate identities or logos must not be used on USAID-funded project materials.

[END OF SECTION D]

SECTION E - INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See http://acquisition.gov/far/index.html for electronic access to the full text of a clause

NUMBER TITLE DATE

FEDERAL ACQUISITION REGULATION

(48 CFR Chapter 1)

52.246-3 Inspection of Supplies – Cost Reimbursement MAY 2001 52.246-5 Inspection of Services—Cost Reimbursement APR 1984

E.2 INSPECTION AND ACCEPTANCE

USAID inspection and acceptance of services, reports and other required performance objectives or outputs will take place at:

USAID/Kenya and East Africa c/o US Embassy Nairobi United Nations Avenue, Gigiri Nairobi, Kenya

Or at any other location where the services are performed and reports and performance objectives or outputs are produced or submitted. The Contracting Officer’s Representative (COR) listed in Section G has been delegated authority to inspect and accept all services, reports and required performance objectives or outputs.

E.3 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

The progress, success and impact of the contractor’s performance under this contract will be monitored and evaluated as a part of the overall activity results. The QASP is a management process with the intent of encouraging maximum performance, efficiencies, and cost effectiveness by the contractor and can be modified at any time by the Government.

The QASP will be used as a Government monitoring process to enforce the inspection and acceptance clauses of the contract. The QASP may require modification and/or updates after selection for award to reflect the contractor’s known strengths and weaknesses. The QASP is a “living” monitoring process that should be discussed, reviewed and updated regularly but no less than on an annual basis. It is based on the premise that the contractor, not the Government, is responsible for managing and ensuring that quality controls meet the terms of the contract.

The Government reserves the right to modify performance standards and/or metrics during the life of this contract, in order to ensure that the right outcomes are being assessed and that the performance standards are appropriate. It is the Contractor's responsibility to follow up with the COR to ensure the QASP monitoring process is implemented and updated.

A variety of mechanisms included but not limited to the following may be utilized by the contractor and COR to monitor the progress/success of the activity and the contractor’s performance:

a. Weekly contract mobilization meetings including minutes (minutes prepared by the

Contractor may address issues, actionable items, steps for address and solve any issues/actions as well as POCs for each issue/action item) during the first three months of contract implementation;

b. Monthly progress review meetings, including similar protocols as above, with the implementation teams;

c. Review and propose feedback and/or edits, if any, to the contractor’s scheduled reports (see Section F);

d. Feedback in the form of action memos, emails or other forms of communication prepared by the Contractor and agreed upon by the parties from GoK and collaborating partners utilized to inform and improve program performance;

e. Site visits as needed or directed by USAID personnel organized by the contractor;

f. Quarterly reviews of work plan with performance milestones and proposed feedback and/or edits, if any, to the contractor’s work plan and performance milestones incorporated/addressed;

g. Periodic impact evaluations as required by the contract and/or determined as necessary by the COR during contract administration; and

h. Review of Milestone Achievement Reports and proposed feedback and/or edits, if any, to the contractor’s work plan and performance milestones incorporated/addressed.

[END OF SECTION E]

SECTION F - DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract with the same force and effect as if they were given in full text. See http://acquisition.gov/far/index.html for electronic access to the full text of a clause.

NUMBER TITLE DATE

FEDERAL ACQUISITION REGULATION

(48 CFR Chapter 1)

52.242-15 STOP-WORK ORDER AUG 1989

52.242-15 STOP-WORK ORDER ALTERNATE 1 APR 1984

F.2 PERIOD OF PERFORMANCE

The period of performance of this contract is five (5) years from the effective date of award.

F.3 PLACE OF PERFORMANCE

Performance of this contract will be principally in Kenya.

F.4 REPORTS AND PERFORMANCE OBJECTIVES OR OUTPUTS

In addition to the requirements set forth for submission of reports in Sections I and in the AIDAR clause 752.242-70, Periodic Progress Reports, the Contractor must submit required reports, performance objectives, deliverables or outputs via e-mail to the COR specified in Section G and a copy to the Contracting Officer. All reports must be written in English. Unless otherwise noted below, narrative reports must be submitted in Microsoft Word or PDF and budgets in Excel. The Contractor must promptly notify the Contracting Officer and COR of any problems, delays, or adverse conditions which materially impair the Contractor's ability to meet the reporting requirements of the Contract. A description of the required reports is as follows, and due dates are noted in the table below:

1. Annual Work Plans (AWP) - The AWP will be reviewed and approved by the COR within two weeks of submission. AWPs will include a narrative describing the strategies, activities and interventions required to meet the award outputs as well as a log frame or Gantt chart outlining specific activities, the timetable and responsible persons. Activities on the Gantt chart must be fully costed. Furthermore, annual budgets must accompany the AWP. The AWP must incorporate the Contractor’s annual gender and youth action plan informed by the Gender, Youth and Social Inclusion Analysis.

2. Activity Monitoring, Evaluation and Learning Plan (AMELP) - The Contractor will develop an AMELP that describes how USAID and the Contractor will monitor progress towards the results and use the information to make mid-course adjustments. At a minimum, the AMELP will identify appropriate activity indicators for each level of the results framework, show data sources, and describe how data will be collected/collated/acquired, analyzed, and presented to regularly inform performance. The plan will identify core indicators for every result and intermediate result/outcome and provide preliminary five-year performance indicator targets for these core indicators. Mapping locations of treatment services centers and lab hubs in the selected districts of the program will be essential to understand and demonstrate improved access for the targeted populations. The AMELP will effectively track activities’ inputs and outputs and achievement of performance outcomes over the contract’s life.

The Contracting Officer’s Representative (COR) will provide guidance for completion of a detailed AMELP to ensure that it meets program monitoring and reporting needs in line with the Mission’s Country Development and Cooperation Strategy (CDCS) as well as reporting needs and requirements under PEPFAR, Global Health Initiative (GHI), Feed the Future (FtF), and other Agency programs and funding authorities. The Contractor will also consult with relevant Implementing Partners (IPs) and Ministry of Health (MOH) Technical Working Groups in developing the final AMELP.

The Contractor will work closely with the Mission Contractor responsible for the collection and analysis of USAID data and submit an AMELP for the life of the contract that derives from the activities outlined in the Performance Work Statement. The COR will review and request any modifications required within ten (10) days of receipt. The Contractor will commence implementation within ten (10) days following receipt of the COR’s approval. The AMELP is a living document. The Contractor will make revisions to it in response to changing conditions and emerging lessons in consultation with the COR.

3. Baseline Report - The Contractor is responsible for conducting a baseline status report on indicators - disaggregated by gender and geography, agreed to with USAID in the activity’s AMELP. The baseline report should also identify the facilities (health centers) the Contractor will support. USAID will have substantial involvement in the writing of the baseline’s scope of work and monitor progress of data collection.

4. Gender, Youth and Social Inclusion Analysis - In accordance with USAID’s recognition of the importance of gender issues in development, this contract will address gender issues with regard to women and children. The Contractor will follow recommendations made in the USAID Kenya Gender Assessment (See Attachment J.4) as well as the USAID Gender Equality and Female Empowerment Policy of March 2012. (See Attachment J.8) The Contractor will implement approaches for increasing access to quality health services by women, girls and children, while also addressing the low uptake of health services by men, either for themselves or on behalf of their families and partners. This analysis should map out how best to reach these key sub-populations and integrate the findings into work plans and interventions.

5. Quarterly Performance Report (QPR) - The Contractor will submit a QPR to the COR. It will contain the following information: 1) quantitative and qualitative analysis of progress against objectives and results; 2) summary of key activities for next quarter; 3) discussion of lessons learned, good practices and success stories; 4) challenges which impact implementation;

5) summary table of indicators and results to date; 6) updates regarding plans for or implementation of any environmental mitigation measures 7) financials for the quarter and projections for the next two quarters. The Contractor must budget and report expenditures and results for each funding source (e.g. PEPFAR, GHI and FtF) while providing an integrated package of high impact services. Further, notification must be given in the case of problems, delays or adverse conditions which materially impair the ability to meet the objectives of the award. These notifications must include a statement of the action taken or contemplated and any assistance needed to resolve the situation. Following receipt of the report, a “quarterly review” meeting with the COR and other relevant Mission staff will be held to discuss results, challenges and the way forward.

6. Geographic Information Systems (GIS) and Activity Location Data –To accompany the Quarterly Performance Report, the Contractor will submit project and activity location data.

Recording a discrete location for project and activity locations is essential in establishing an effective method of managing, analyzing, and communicating project and activity information.

The Contractor will work closely with the COR to determine necessary information to collect, which may include:

• Type of activity (e.g. repair of treatment or lab facility, HIV-related training and estimated cost of activity

• Photograph of activity

• Location of activity, Point features (latitude, longitude)

• Location, including name of the village

• District name for activity location

• Facility type (home, school, health facilities, etc.)

7. Quarterly Financial Reporting: These reports must be submitted in conjunction with the Quarterly Progress Report for the approval of the COR. These reports must have a financial summary page that lists the amounts expended for the quarter by major cost item, showing cumulative expenditures to date, and a variance analysis. The variance analysis will use the detailed cost proposal submitted for the contract award, or any revision made for a subsequent contract budget revision (authorized by the CO), as the baseline budget plan, and, as requested, will be able to explain significant actual expenditure variance in relation to the detailed baseline.

The contractor will also include a brief note on any significant or accrued expenditures for the quarter that have not yet been billed to the contract, along with the specific amount involved, to enable the COR to accurately track the expenditure rate.

8. Annual Performance Reports - The Contractor will submit the Annual Performance Report, inclusive of the final QPR for that year, which reflects the progress of the program activities over the last year against the Annual Work Plan. This report should also include the Milestone Achievement Report. The report will include progress of major activities; problems encountered and proposed remedial actions. The report must indicate the outputs and impact the program is having on the beneficiaries. Annual and cumulative to date data must be included. Anecdotal stories and case studies, pictures and any other information that gives insight into the success of the program will also be included.

9. President’s Emergency Plan for AIDS Relief (PEPFAR) Program Expenditures – Contractors implementing projects funded out of PEPFAR funds must report annually on program expenditures. Specifically, Contractors must use the form PEPFAR Program

Expenditures (DS-4213 OMB 1405-0208) as a part of completing the PEPFAR Annual Progress Report at the end of each USG fiscal year.

10. PEPFAR Indicator Reporting - PEPFAR requires a large number of indicators to be reported on at least a semi-annual basis (subsets of these indicators are also being reported quarterly through the PEPFAR’s Data for Accountability, Transparency and Impact (DATIM) system. From time to time, USAID will require contractors to report monthly on high priority early warning PEPFAR indicators critical for monitoring progress towards the hard performance targets. In addition, there are significant financial reporting requirements that occur quarterly and annually. The current set of indicators is found in http://www.pepfar.gov/reports/guidance/index.htm. Most of these indicators are site level (with a site often being a service delivery point such as a health facility).

11. Subcontract Reporting (Large Businesses Only)

The Contractor's subcontracting plan dated [TBD] is hereby incorporated as a material part of this Contract. The Contractor must comply with the subcontract reporting requirements in FAR 52.219-9.

Large business prime contractors must submit periodic reports which show compliance with their subcontracting plan. The Contractor must submit its report via the electronic Subcontracting Reporting System (eSRS) in accordance with the instructions on the website. Each semi-annual SSR reflects cumulative task order subcontracting accomplishments from the inception of the contract through the relevant SSR reporting period.

The annual Subcontracting Report and the final Summary Subcontracting Report (SSR) are available online at http://www.esrs.gov. The email to use is: [TBD] (Administering CO) and

[TBD] (COR) FILL IN

The work of the small businesses identified in the Subcontracting Plan must be tracked against the Prime’s proposed goals.

The Contractor must submit the Subcontracting Report electronically via the eSRS within the deadlines specified in the table below.

12. Close-Out and Disposition Plan- The plan must include, but is not limited to:

• Dates for final delivery of all goods and services;

• A property disposition plan for the Contractor, subcontractors and grantees;

• Review of subcontract and/or grant files for audit purposes and final billing;

• A schedule to address office leases, bank accounts, utilities, cell phones, personnel notification, health insurance, outstanding travel, social payments, household shipments, severance for local staff (if appropriate), vehicle leases/disposition, phone subscriptions; and

• Report on compliance with all local labor laws and tax clearances.

13. Final Report: The Final Report will include an executive summary of the Contractor’s accomplishments in achieving results and conclusions about areas in need of future assistance;

an overall description of the Contractor’s activities and attainment of results by district, as http://www.pepfar.gov/reports/guidance/index.htm appropriate during the life of contract an assessment of the progress made toward accomplishing the objective and expected results significance of these activities; important research findings, comments and recommendations, and a fiscal report that describes how the Contractor’s funds were used. The report must also indicate the contextual opportunities remaining that could easily be harnessed to sustain the results of the program. The report must also include the following:

(1) Financial report showing the amounts expended by major cost categories.

(2) Summary of accomplishments achieved under this contract tied to the contract objective and Intermediate Results.

(3) Clearly show how the contract objectives, deliverables and PMP have been accomplished or not, and why.

(4) Discussion of problems encountered and where objectives were not achieved.

(5) Lessons learned.

(6) Suggestions concerning desirable future and follow-on projects, if any.

(7) Index of all reports and information products produced under this contract.

14. Other Reports - The Contractor will prepare and disseminate, as directed in the Annual Work Plan and by the COR, other reports and performance objectives needed to accomplish the purpose of this contract, such as assessments, including but not limited to studies, and other analytical products. These reports will include activity reports; technical reports; data quality assessment reports, portfolio review and performance plan and report analytical products, evaluation, review and other operational research reports. The reports required and the number of copies will be determined at the time of the Annual Work Plan.

F.5 DELIVERY SCHEDULE FOR REPORTS/PERFORMANCE OBJECTIVES

All due dates are in calendar days. If the due date falls on a weekend or holiday, the report is due the next business day. References to fiscal year are USAID’s fiscal year which begins on October 1 and ends on September 30.

Year One: Performance Objectives and Reports Schedule Title Due date Approver Annual Work Plan 60 days after award COR Quality Assurance Surveillance Plan

60 days after the award.

Reference Section E.3

COR

AMELP 90 days after award COR Baseline Report 180 days after award COR Gender, Youth & Social Inclusion Analysis

180 days after award COR

Quarterly Performance Reports 30 days after the end of the fiscal quarter

COR

GIS and Activity Location Data 30 days after the end of the fiscal quarter

COR

Quarterly Financial Reports 30 days after the end of the fiscal quarter. Submitted with the Quarterly Performance Reports

COR

Reporting of Foreign Taxes April 16. Reference Section H.7 COR and

USAID/KEA

Office of Financial Management

PEPFAR Program Expenditures October 31 COR PEPFAR Indicator Reporting Every 30th of the 6th month and contract year end.

COR

Submission of Datasets to DDL 30 days after the dataset has been used. Reference Section H.25

CO and COR

Annual Report of Government Property in Contractor’s Custody

Last Day of Contract Year Reference Sections H.9 and I.5

COR

Submission of Small Business Subcontracting Report (For Large Business only) to eSRS (web based)

Within thirty (30) calendar days after the close of each calendar period as follows: (1) April 30th, for the period October 1st, through March 31st; and (2) October 30th, for the period April 1st, through September 30th.

Reference FAR 52.219-9

CO and COR

Annual Performance Report Draft due 30 days before the end of the fiscal year Final due 60 days after receipt of USAID comments to the draft

COR

Years Two (2) – Four (4): Performance Objectives and Reports Schedule Annual Work Plan 30 days before the start of the fiscal year

COR

Quarterly Performance Reports 30 days after the end of the fiscal quarter

COR

GIS and Activity Location Data 30 days after the end of the fiscal quarter

COR

Quarterly Financial Reports 30 days after the end of the fiscal quarter. Submitted with the Quarterly Performance Reports

COR

Reporting of Foreign Taxes April 16. Reference Section H.7 COR and

USAID/KEA

Office of Financial Management

PEPFAR Program Expenditures October 31 COR PEPFAR Indicator Reporting Every 30th of the 6th month and contract year end.

COR

Submission of Datasets to DDL 30 days after the data set has been used. Reference Section H.25

CO and COR

Annual Report of Government Property in Contractor’s Custody

Last Day of Contract Year Reference Section H.9 and I.5

COR

Submission of Small Business Subcontracting Report (For Large Business only) to eSRS (web based)

Within thirty (30) calendar days after the close of each calendar period as follows: (1) April 30th, for the period October 1st, through March 31st; and (2) October 30th, for the period April 1st, through September 30th.

Reference FAR 52.219-9

CO and COR

Annual Performance Report Draft due 30 days before the end of the fiscal year Final due 60 days after receipt of USAID comments to the draft

COR

Year Five (5): Performance Objectives and Reports Schedule Annual Work Plan 30 days before the start of the fiscal year

COR

Quarterly Performance Reports 30 days after the end of the fiscal quarter

COR

GIS and Activity Location Data 30 days after the end of the fiscal quarter

COR

Quarterly Financial Reports 30 days after the end of the fiscal quarter. Submitted with the Quarterly Performance Reports

COR

Reporting of Foreign Taxes April 16. Reference Section H.7 COR and

USAID/KEA

Office of Financial Management

PEPFAR Program Expenditures October 31 COR PEPFAR Indicator Reporting Every 30th of the 6th month and contract year end.

COR

Submission of Datasets to DDL 30 days after the data set has been used. Reference Section H.25

CO and COR

Annual Report of Government Property in Contractor’s Custody

Last Day of Contract Year Reference Section H.9 and I.5

COR

Annual Performance Report Last day of contract year COR Submission of Small Business Subcontracting Report (For Large Business only) to eSRS (web based)

Within thirty (30) calendar days after the close of each calendar period as follows: (1) April 30th, for the period October 1st, through March 31st; and (2) October 30th, for the period April 1st, through

September 30th. Reference FAR 52.219-9

Final Report Draft due 60 days prior to the end of the contract.

COR to provide comments within 2 weeks. Final Report due not later than contract end date.

CO and COR

Close out plan and disposition plan

Draft due six (6) months prior to the contract end date.

Final due four months prior to contract end date.

COR and CO

Property Report 6 months prior to the end of the contract (Reference Section H.9, AIDAR 752.245-71)

F.6 PERFORMANCE STANDARDS

Evaluation of the Contractor’s performance must be conducted in accordance with the performance standards set forth in Section E, the Contractor’s overall performance toward achievement of objectives in Section C, and provision of deliverables in Section F and the Contractor’s compliance with all other terms and conditions of the contract.