Revised_RFP_-SOL-617-12-000026-Environmental_Management_for_the_Oil_Sector_4.03.13.pdf

USAID/Uganda RFP-617-09-009

NUDEIL

Issuance Date: March 22, 2013 Deadline for Submission of Questions: April 1, 2013 Anticipated date of response to Questions: April 5, 2013 Closing Date for submission of proposals: May 3, 2013 Closing Time for submission of proposals: 4.00 p.m. (EDT) Washington, D.C.

Place of Performance: Uganda

SUBJECT: Request for Proposal (RFP) Number SOL-617-12-000026

USAID/Uganda Environmental Management for the Oil Sector

Dear Sir/Madam:

The U.S. Agency for International Development (USAID), Uganda, is procuring services for the USAID/Uganda Environmental Management for the Oil Sector.

This procurement shall be conducted under full and open competition, under which any type of organization (U.S. and non-U.S. commercial for profit firms, educational institutions, non-profit organizations) is eligible to compete. The procedures set forth in Federal Acquisition Regulation (FAR) (48 CFR Chapter 1) Part 15 shall apply.

USAID anticipates awarding one Cost Plus Fixed Fee (CPFF) completion contract with a total estimated range of $5,500,000 to $7,000,000 for the entire program, to be implemented over a period of four years, subject to the availability of funds. The purpose of providing an estimated range for the contract is to help Offerors develop their proposals. Offerors should provide the lowest possible cost consummate with their technical approach.

Section C of this solicitation sets the activities required to be implemented, Section K – Representations, Certifications and Acknowledgements must be completed in full, Section L of the RFP sets forth the instructions for the preparation and submission of proposals and specifies the required contents of the proposals and Section M states the criteria by which proposals will be evaluated, and the award will be made.

USAID encourages the participation to the maximum extent possible of small business concerns, small disadvantaged business concerns, veteran owned small business, service-disabled veteran small business, HUB Zone small business and women-owned small business concerns in this activity as the prime contractor or as subcontractors in accordance with Part 19 of the FAR.

The RFP, once issued, and subsequent amendments thereto, can be downloaded from the Federal Business Opportunities (“FBO”) web site. The Worldwide Web address is https://www.fbo.gov.

It is the responsibility of the recipient of this solicitation document to ensure that it has been received from the internet in its entirety and USAID bears no responsibility for data errors resulting from transmission or conversion processes. If substantive questions are received which affect the response to the solicitation, or if changes are made to the closing date and time, as well as other aspects of the RFP, this solicitation will be amended. Any amendments to this solicitation will be issued and posted on the FBO website. It is the contractor’s responsibility to check the website periodically for official updates and amendments to the solicitation.

Offerors can register and use the Interested Vendor List (IVL) on the FBO page, so that firms can contact one another for consideration of teaming arrangements and/or small business subcontracting opportunities in response to this solicitation.

Pursuant to Block 12 of Standard Form 33 of this RFP, USAID requires that offers stay valid through November 3, 2013.

Offerors are encouraged to read the entire solicitation, which includes the closing date and time, all pertinent contract requirements, and the conditions and instructions required for submitting a proposal. Any questions concerning this RFP should be submitted in writing to KampalaUSAIDSolicita@usaid.gov, by April 1, 2013. Questions sent to any other e-mail address will not be answered. The e-mail transmitting the questions must reference the RFP number and title on the subject line of the e-mail.

Only electronic submissions will be accepted, at the following address:

KampalaUSAIDSolicita@USAID.gov, to the attention Tracy J. Miller, Contracting Officer. No other forms of submission will be accepted.

Issuance of this solicitation does not in any way obligate the U.S. Government to award a contract nor does it commit the U.S. Government to pay for costs incurred in the preparation and submission of a proposal. Furthermore, the Government reserves the right to reject any and all offers, if such action is considered to be in the best interest of the Government.

Thank you for your interest in USAID/Uganda’s Environmental Management for the Oil Sector.

Best regards, Tracy J. Miller Contracting Officer USAID/ Uganda

OFFICE OF ACQUISITION AND ASSISTANCE

USAID /UGANDA

2190 KAMPALA PLACE

WASHINGTON DC 20521-219

1. THIS CONTRACT IS A RATED ORDER RATING PAGE OF

PAGES

UNDER DPAS (15 CFR 700)

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED

SEE COVER PAGE

6. REQUISITION/PURCHASE NUMBER

SEALED BID (IFB)

NEGOTIATED (RFP)

7. ISSUED BY CODE 8. ADDRESS OFFER TO

ACQUISITION AND ASSISTANCE OFFICE

USAID/UGANDA

PLOT 1577 GGABA ROAD

KAMPALA, UGANDA

(If other than Item 7)

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

9. Sealed offers in original and ____ copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the depository located in until local (Kampala) time .

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All Offers are subject to all terms and conditions contained in this solicitation.

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

AREA CODE

256-414

NUMBER

306-001

EXT.

6538 KampalaUSAIDSolicita@USAID.gov

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

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 3 X I CONTRACT CLAUSES 43

X B SUPPLIES OR SERVICES AND PRICES/COSTS 8 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

X C DESCRIPTION/SPECS./WORK STATEMENT 10 X J LIST OF ATTACHMENTS 71

X D PACKAGING AND MARKING 18 PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 21

X F DELIVERIES OR PERFORMANCE 23

X G CONTRACT ADMINISTRATION DATA 29 X L INSTR., CONDS., AND NOTICES TO OFFERORS 89

X H SPECIAL CONTRACT REQUIREMENTS 33 X M EVALUATION FACTORS FOR AWARD 110

X K

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS 72

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

12. In compliance with the above, the undersigned agrees, if this offer is accepted within ________ calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT 10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS (%)

(See Section I, Clause No. 52-232-8)

14. ACKNOWLEDGEMENT OF AMENDMENTS AMENDMENT NO. DATE AMENDMENT NO. DATE

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

CODE FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER15A. NAME AND

ADDRESS

OF OFFEROR

(Type or print)

15B. TELEPHONE NUMBER 17. SIGNATURE 18. OFFER DATE

AREA CODE NUMBER EXT.

15C. CHECK IF REMITTANCE ADDRESS IS DIFFERENT FROM

ABOVE - ENTER SUCH ADDRESS IN SCHEDULE

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

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM (4 copies unless otherwise specified)

10 U.S.C. 2304(a) ( ) 41 U.S.C. 253(c) ( )

24. ADMINISTERED BY (If other than Item 7) 25. PAYMENT WILL BE MADE BYCODE

USAID/Uganda Financial Management Office US Mission Compound, Plot 1577,Ggaba Road, Kampala, Uganda

CODE

26. NAME OF CONTRACTING OFFICER (Type or print)

TRACY J. MILLER

27. UNITED STATES OF AMERICA 28. AWARD DATE

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

(Signature of Contracting Officer)

(REV. 9-97)

10. FOR INFORMATION CALL:

Bola Ekpe

11. TABLE OF CONTENTS

STANDARD FORM 33

SOLICITATION, OFFER AND AWARD

SOLICITATION

OFFER (Must be fully completed by offeror)

AWARD (To be completed by Government)

N/A

SOL-617-12-000026

X

See Attached Table of Contents

USAID/Uganda Environmental Management for the Oil Sector

SOL-617-12-00026

March 2013

TABLE OF CONTENTS

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SECTION D - PACKAGING AND MARKING

D.1 AIDAR 752.7009 MARKING (JAN 1993)

D.2 BRANDING AND MARKING POLICY

D.3 BRANDING STRATEGY

D.4. DELIVERABLES IN PAPER FORM

D.5 DELIVERABLES IN ELECTRONIC FORM

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)

E.4. MONITORING AND EVALUATION

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 DELIVERABLES OR OUTPUTS

F.5 CONTRACTOR SERVICES AND DELIVERABLES

F.6 EVALUATION OF CONTRACT PERFORMANCE

F.7 KEY PERSONNEL

F.8 AIDAR 752.7005 SUBMISSION REQUIREMENTS FOR DEVELOPMENT

EXPERIENCE DOCUMENTS (JAN 2004)

SECTION G - CONTRACT ADMINISTRATION DATA

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

G.2. ADMINISTRATIVE CONTRACTING OFFICE

G.3. CONTRACTING OFFICER’S REPRESENTATIVE (COR)

G.4. TECHNICAL DIRECTIONS/RELATIONSHIP WITH USAID

G.5. PAYING OFFICE

G.6. ACCOUNTING AND APPROPRIATION DATA

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

H.2 AIDAR 752.7004 EMERGENCY LOCATOR INFORMATION (JUL 1997)

H.3 FOREIGN GOVERNMENT DELEGATIONS TO INTERNATIONAL

CONFERENCES (JAN 2002)

H.4 INSURANCE AND SERVICES

H.5 752.228-70 MEDICAL EVACUATION (MEDEVAC) SERVICES (July 2007)

H.6 AUTHORIZED GEOGRAPHIC CODE

H.7 LOGISTIC SUPPORT

H.8. CONSENT TO SUBCONTRACT

H.9 EXECUTIVE ORDER ON TERRORISM FINANCING (MAR 2002)

H.10 REPORTING OF FOREIGN TAXES (July 2007)

H.11 USAID DISABILITY POLICY - ACQUISITION (DECEMBER 2004)

H.12 752.225-70 SOURCE AND NATIONALITY REQUIREMENTS (FEB 2012)

H.13 752.7007 PERSONNEL COMPENSATION (JULY 2007)

H.14 ORGANIZATIONAL CONFLICT OF INTEREST

H.15 INFORMATION TECHNOLOGY REQUIREMENT

H.16 MANAGEMENT OF INFORMATION TECHNOLOGY RESOURCES

H.17 HOMELAND SECURITY PRESIDENTIAL DIRECTIVE-12 (HSPD-12) (September

2006)

H.18 VALUE ADDED TAX AND CUSTOMS DUTIES

H.19 752.7032 INTERNATIONAL TRAVEL APPROVAL AND NOTIFICATION

REQUIREMENTS (JAN 1990)

H.20 NONEXPENDABLE PROPERTY AND INFORMATION TECHNOLOGY

RESOURCES

H.21 LANGUAGE REQUIREMENTS

H.22 EMPLOYMENT COSTS OF THIRD COUNTRY NATIONALS AND

COOPERATING COUNTRY NATIONALS

H.24 PROHIBITION AGAINST DISCRIMINATION (OCT 2011)

H.25 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS

SUBCONTRACTORS (DEVIATION) (AUG 2012)

SECTION I - CONTRACT CLAUSES

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

I.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

I.3 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (APR

2010)

I.4 52.204-7 CENTRAL CONTRACTOR REGISTRATION (DEC 2012)

(a) Definitions. As used in this provision— “Central Contractor Registration (CCR) database” means the primary Government repository for Contractor information required for the conduct of business with the Government “Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by

Dun and Bradstreet, Inc. (D&B) to identify unique business entities “Data Universal Numbering System +4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern.

(D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern

“Registered in the CCR database” means that—

(1) The offeror has entered all mandatory information, including the DUNS number or the DUNS+4 number, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14) into the CCR database; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”. The offeror will be required to provide consent for TIN validation to the Government as a part of the CCR registration process

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one

(1) An offeror may obtain a DUNS number—

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office

(2) The offeror should be prepared to provide the following information:

(i) Company legal business

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized

(iii) Company Physical Street Address, City, State, and ZIP Code

(iv) Company Mailing Address, City, State and ZIP Code (if separate from physical)

(v) Company Telephone Number

(vi) Date the company was started

(vii) Number of employees at your location

(viii) Chief executive officer/key manager

(ix) Line of business (industry)

(x) Company Headquarters name and address (reporting relationship within your entity)

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation

(f) Offerors may obtain information on registration at https://www.acquisition.gov

I.5 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER

SUBCONTRACT AWARDS (AUG 2012)

I.6 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB 2012)

(a) Definitions. As used in this provision— “Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules)

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions)

(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database via https://www.acquisition.gov (see 52.204- 7)

I.7 52.209-9 UPDATES OR PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS (FEB 2012)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the Central Contractor Registration database via https://www.acquisition.gov

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111- 212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments—

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by—

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for—

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the

Government official who posted it in accordance with paragraph (c)(1) of this clause

(c) The Contractor will receive notification when the Government posts new information to the Contractor’s record

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them

(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600

I.8 52.215-23 LIMITATIONS ON PASS-THROUGH CHARGES (OCT 2009)

I.9 52.216-7 ALLOWABLE COST AND PAYMENT (JUN 2011)

I.10 52.216-8 FIXED FEE (JUN 2011)

I.11 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

I.12 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

I.13 752.219-70 USAID MENTOR-PROTÉGÉ PROGRAM (JULY 2007)

I.14 52.222-50 COMBATING TRAFFICKING IN PERSONS (FEB 2009)

I.15 52.227-23 RIGHTS TO PROPOSAL DATA (TECHNICAL) (JUN 1987)

I.16 52.229-8 TAXES-FOREIGN COST-REIMBURSEMENT CONTRACTS (MAR 1990)

I.17 52.232-25 PROMPT PAYMENT (OCT 2008)

Notwithstanding any other payment clause in this contract, the Government will make invoice payments under the terms and conditions specified in this clause. The Government considers payment as being made on the day a check is dated or the date of an electronic funds transfer (EFT). Definitions of pertinent terms are set forth in sections 2.101, 32.001, and 32.902 of the Federal Acquisition Regulation. All days referred to in this clause are calendar days, unless otherwise specified. (However, see paragraph (a)(4) of this clause concerning payments due on Saturdays, Sundays, and legal holidays.)

(a) Invoice payments—

(1) Due date

(i) Except as indicated in paragraphs (a)(2) and (c) of this clause, the due date for making invoice payments by the designated payment office is the later of the following two events:

(A) The 30th day after the designated billing office receives a proper invoice from the Contractor (except as provided in paragraph (a)(1)(ii) of this clause)

(B) The 30th day after Government acceptance of supplies delivered or services performed.

For a final invoice, when the payment amount is subject to contract settlement actions, acceptance is deemed to occur on the effective date of the contract settlement

(ii) If the designated billing office fails to annotate the invoice with the actual date of receipt at the time of receipt, the invoice payment due date is the 30th day after the date of the Contractor’s invoice, provided the designated billing office receives a proper invoice and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements

(2) Certain food products and other payments

(i) Due dates on Contractor invoices for meat, meat food products, or fish; perishable agricultural commodities; and dairy products, edible fats or oils, and food products prepared from edible fats or oils are—

(A) For meat or meat food products, as defined in section 2(a)(3) of the Packers and Stockyard Act of 1921 (7 U.S.C. 182(3)), and as further defined in Pub. L. 98-181, including any edible fresh or frozen poultry meat, any perishable poultry meat food product, fresh eggs, and any perishable egg product, as close as possible to, but not later than, the 7th day after product delivery

(B) For fresh or frozen fish, as defined in section 204(3) of the Fish and Seafood Promotion Act of 1986 (16 U.S.C. 4003(3)), as close as possible to, but not later than, the 7th day after product delivery

(C) For perishable agricultural commodities, as defined in section 1(4) of the Perishable Agricultural Commodities Act of 1930 (7 U.S.C. 499a(4)), as close as possible to, but not later than, the 10th day after product delivery, unless another date is specified in the contract

(D) For dairy products, as defined in section 111(e) of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4502(e)), edible fats or oils, and food products prepared from edible fats or oils, as close as possible to, but not later than, the 10th day after the date on which a proper invoice has been received. Liquid milk, cheese, certain processed cheese products, butter, yogurt, ice cream, mayonnaise, salad dressings, and other similar products, fall within this classification. Nothing in the Act limits this classification to refrigerated products. When questions arise regarding the proper classification of a specific product, prevailing industry practices will be followed in specifying a contract payment due date. The burden of proof that a classification of a specific product is, in fact, prevailing industry practice is upon the Contractor making the representation

(ii) If the contract does not require submission of an invoice for payment (e.g., periodic lease payments), the due date will be as specified in the contract

(3) Contractor's invoice. The Contractor shall prepare and submit invoices to the designated billing office specified in the contract. A proper invoice must include the items listed in paragraphs (a)(3)(i) through (a)(3)(x) of this clause. If the invoice does not comply with these requirements, the designated billing office will return it within 7 days after receipt (3 days for meat, meat food products, or fish; 5 days for perishable agricultural commodities, dairy products, edible fats or oils, and food products prepared from edible fats or oils), with the reasons why it is not a proper invoice. The Government will take into account untimely notification when computing any interest penalty owed the Contractor

(i) Name and address of the Contractor

(ii) Invoice date and invoice number. (The Contractor should date invoices as close as possible to the date of the mailing or transmission.)

(iii) Contract number or other authorization for supplies delivered or services performed

(including order number and contract line item number)

(iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed

(v) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading

(vi) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment)

(vii) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice

(viii) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract

(ix) Electronic funds transfer (EFT) banking information

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision (e.g., 52.232-38, Submission of Electronic Funds Transfer Information with Offer), contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration), or applicable agency procedures

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT

(x) Any other information or documentation required by the contract (e.g., evidence of shipment)

(4) Interest penalty. The designated payment office will pay an interest penalty automatically, without request from the Contractor, if payment is not made by the due date and the conditions listed in paragraphs (a)(4)(i) through (a)(4)(iii) of this clause are met, if applicable. However, when the due date falls on a Saturday, Sunday, or legal holiday, the designated payment office may make payment on the following working day without incurring a late payment interest penalty

(i) The designated billing office received a proper invoice

(ii) The Government processed a receiving report or other Government documentation authorizing payment, and there was no disagreement over quantity, quality, or Contractor compliance with any contract term or condition

(iii) In the case of a final invoice for any balance of funds due the Contractor for supplies delivered or services performed, the amount was not subject to further contract settlement actions between the Government and the Contractor

(5) Computing penalty amount. The Government will compute the interest penalty in accordance with the Office of Management and Budget prompt payment regulations at 5 CFR Part 1315

(i) For the sole purpose of computing an interest penalty that might be due the Contractor, Government acceptance is deemed to occur constructively on the 7th day (unless otherwise specified in this contract) after the Contractor delivers the supplies or performs the services in accordance with the terms and conditions of the contract, unless there is a disagreement over quantity, quality, or Contractor compliance with a contract provision. If actual acceptance occurs within the constructive acceptance period, the Government will base the determination of an interest penalty on the actual date of acceptance. The constructive acceptance requirement does not, however, compel Government officials to accept supplies or services, perform contract administration functions, or make payment prior to fulfilling their responsibilities

(ii) The prompt payment regulations at 5 CFR 1315.10(c) do not require the Government to pay interest penalties if payment delays are due to disagreement between the Government and the Contractor over the payment amount or other issues involving contract compliance, or on amounts temporarily withheld or retained in accordance with the terms of the contract. The Government and the Contractor shall resolve claims involving disputes and any interest that may be payable in accordance with the clause at FAR 52.233-1, Disputes

(6) Discounts for prompt payment. The designated payment office will pay an interest penalty automatically, without request from the Contractor, if the Government takes a discount for prompt payment improperly. The Government will calculate the interest penalty in accordance with the prompt payment regulations at 5 CFR Part 1315

(7) Additional interest penalty

(i) The designated payment office will pay a penalty amount, calculated in accordance with the prompt payment regulations at 5 CFR Part 1315 in addition to the interest penalty amount only if—

(A) The Government owes an interest penalty of $1 or more;

(B) The designated payment office does not pay the interest penalty within 10 days after the date the invoice amount is paid; and

(C) The Contractor makes a written demand to the designated payment office for additional penalty payment, in accordance with paragraph (a)(7)(ii) of this clause, postmarked not later than 40 days after the invoice amount is paid

(ii)(A) The Contractor shall support written demands for additional penalty payments with the following data. The Government will not request any additional data. The Contractor shall—

(1) Specifically assert that late payment interest is due under a specific invoice, and request payment of all overdue late payment interest penalty and such additional penalty as may be required;

(2) Attach a copy of the invoice on which the unpaid late payment interest is due; and

(3) State that payment of the principal has been received, including the date of receipt

(B) If there is no postmark or the postmark is illegible—

(1) The designated payment office that receives the demand will annotate it with the date of receipt, provided the demand is received on or before the 40th day after payment was made; or

(2) If the designated payment office fails to make the required annotation, the Government will determine the demand’s validity based on the date the Contractor has placed on the demand, provided such date is no later than the 40th day after payment was made

(iii) The additional penalty does not apply to payments regulated by other Government regulations (e.g., payments under utility contracts subject to tariffs and regulation)

(b) Contract financing payment. If this contract provides for contract financing, the Government will make contract financing payments in accordance with the applicable contract financing clause

(c) Fast payment procedure due dates. If this contract contains the clause at 52.213-1, Fast Payment Procedure, payments will be made within 15 days after the date of receipt of the invoice

(d) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(1) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(i) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(ii) Affected contract number and delivery order number if applicable;

(iii) Affected contract line item or subline item, if applicable; and

(iv) Contractor point of contact

(2) Provide a copy of the remittance and supporting documentation to the Contracting

Officer

I. 18 752.242-70 PERIODIC PROGRESS REPORTS (OCT 2007)

I.19 52.243-7 NOTIFICATION OF CHANGES (APR 1984)

I.20 52.249-4 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT

(SERVICES) (SHORT FORM) (APR 1984)

I.21 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

I.22 AIDAR 752.245-71 TITLE TO AND CARE OF PROPERTY (APR 1984)

I.23 COMMUNICATIONS PRODUCTS (OCT 1994)

SECTION J - LIST OF ATTACHMENTS

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 (JAN 2006)

K.3 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)

K.4 INSURANCE - IMMUNITY FROM TORT LIABILITY

K.5 52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)

K.6 52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION,

PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (APRIL

2010)

K.7 52.230-1 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION

(JUNE 2000)

K.9 COMPLIANCE WITH VETERANS EMPLOYMENT REPORTING

REQUIREMENTS

K.10 SIGNATURE

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE

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

2004)

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

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

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

1998)

L.6 GENERAL INSTRUCTIONS TO OFFERORS

L.7 SUBMISSION/DELIVERY INSTRUCTIONS

L.8 INSTRUCTIONS FOR THE PREPARATION OF THE TECHNICAL PROPOSAL

2. STAFFING AND MANAGEMENT

L.9 COST/BUSINESS PROPOSAL INSTRUCTIONS

L.10 ELECTRONIC PAYMENTS

L.11 INSTRUCTIONS FOR THE PREPARATION OF BRANDING AND MARKING

PLANS

Previous success in implementing recent activities of similar size and scope including:

quality of product or service, consistency in meeting goals and targets, schedule (timeliness of performance), cost control, business relations, and management of key personnel

M.5 DETERMINATION OF THE COMPETITVE RANGE, DISCUSSIONS & ORAL

PRESENTATIONS

M.6 SOURCE SELECTION

M.7 CONTRACTING WITH SMALL BUSINESS CONCERNS AND DISADVANTAGED

ENTERPRISES

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PURPOSE

The purpose of this activity is to build the capacity of government agencies, civil society, the private sector, and other key stakeholders to be better prepared to manage and mitigate impacts arising out of oil and gas development on the environment and biodiversity of the Albertine Rift. The Contractor shall work with Makerere University and other potential educational partner institutions, Uganda’s agencies responsible for environmental management and conservation, local governments and civil society in Uganda to establish both long- and short-term training programs and other activities that will build capacity to effectively monitor and mitigate oil and gas development impacts on the environment and biodiversity.

B.2 CONTRACT TYPE

The Government contemplates award of a cost-plus-fixed-fee (CPFF) completion type contract resulting from this solicitation (FAR 16.306). For the consideration set forth below, the Contractor shall provide the results, deliverables or outputs described in Section C and F, in accordance with the performance standards specified in Section E.

B.3 ESTIMATED COST, AND OBLIGATED AMOUNT

The estimated cost for the performance of the work required hereunder, exclusive of fee(s), if any, is

TBD.

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

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 shall not exceed the aforesaid obligated amount.

Funds obligated hereunder are anticipated to be sufficient through TBD.

B.4 BUDGET

ITEM CLIN USD$

Year 1

USD$

Year 2

USD$

Year 3

USD$

Year 4

Total $

1. Direct costs 001

a. Total Direct Labor

b. Travel, Transportation and Per

Diem

c. Equipment and Supplies

d. Other Direct Costs

2. Sub Contracts 002

3. Indirect Costs 003

4. Total Estimated Cost

5. Fixed Fee 004

6. Total Estimated Cost plus Fixed

Fee

B.5 INDIRECT COSTS

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

Description Rate Base Type Period 1/ 1/ 1/ 1/Base of Application:

Type of Rate:

Period:

Source:

The Government shall not be obligated to pay any additional amount shall 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 shall be reduced to conform to the lower rates.

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

B.6 COST REIMBURSABLE

Allowable costs shall be limited to reasonable, allocable and necessary costs determined in accordance with FAR clause 52.216-7, Allowable Cost and Payment, AIDAR clause 752.216-70, and AIDAR clause 752.7003, Documentation for Payment.

B.7 PAYMENT OF FIXED FEE

Payment of fixed fee will be done in accordance with FAR 52.216-8.

[END OF SECTION B]

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 INTRODUCTION

The purpose of the activity is to build the capacity of government ministries, departments and agencies; academic and research institutions; civil society organizations; the private sector and other key stakeholders to be better prepared to manage and mitigate impacts arising out of oil and gas development on the environment and biodiversity of the Albertine Rift. The activity will partner with and support Ugandan private and public sector institutions including Makerere University, the Ministry of Water and Environment (MWE), the National Environment Management Authority (NEMA), the Uganda Wildlife Authority (UWA), the National Forestry Authority (NFA), and/or other suitable Ugandan institutions to provide short- and long-term training, education and other capacity-building activities to improve oil and gas specific environmental management expertise.

C.2 BACKGROUND

Uganda has been described by the oil industry as Africa’s “hottest inland exploration frontier,” with an estimated 3.5 billion barrels of known recoverable reserves, and an estimated potential of six billion barrels. Much of the known oil reserves lie in the Albertine Rift, one of the world’s most biodiverse regions. The Albertine Rift is estimated to contain some 30 percent of Africa’s mammal species, 51 percent of its bird species, 19 percent of its amphibian species and 14 percent of its plant and reptile species. This species richness is manifested in a large number of protected areas that include national parks, wildlife reserves, forest reserves, and community wildlife reserves. Much of the area currently under exploration and presenting the most urgent short-term threat is within the boundaries of Murchison Falls National Park, a popular tourist destination with sensitive habitat important for biodiversity conservation. The Murchison Falls – Albert Delta Wetland System has been designated as a Wetland of International Importance.

The Albertine Rift has economic importance separate from oil extraction. The abundance of wildlife provides a foundation for a growing tourism industry that currently contributes $650m a year to the national economy. The Lonely Planet recommended Uganda as the number one travel destination in 2012, largely because of its wildlife attractions. Preserving the rich biodiversity of the Albertine Rift has significant economic implications for the tourism industry that will extend beyond the estimated 25 year timeline of oil extraction.

Ecosystem and environmental degradation from the oil and gas activities is possible at different points along the production chain – exploration, surveying and drilling, extraction, processing, transportation, and decommissioning and rehabilitation. Noise, vibrations and air pollution arising from the extraction and processing of oil will affect the distribution patterns and movement of wild animals and may result in increased human-wildlife conflict for communities adjacent to protected areas. Pollution of aquatic ecosystems from oil exploration and extraction resulting in fisheries and water use concerns are among the most critical issues that have both local and trans-boundary implications and are likely to have negative impacts on the health of wild animals and humans. The used water that comes out of wells during the extraction process is often severely polluted, containing dangerous heavy metals that need to be prevented from entering into the groundwater and nearby water bodies. According to the Environmental Sensitivity Atlas for the Albertine Graben, most of the region has a shallow water table, making groundwater especially susceptible to pollution.

Many local fishing communities depend on both the Albert Nile and Lake Albert for their livelihoods, and damage to the sensitive but important inshore breeding grounds would be detrimental to fish populations. Finally, pollution will almost certainly have cross-border ramifications, potentially fueling tensions with neighboring DRC, South Sudan, Sudan and even Egypt.

There are also numerous indirect environmental impacts from oil extraction, mainly related to increased population pressures and new infrastructure due to amplified economic activity in the region. Issues such as waste disposal, pollution, increased use of biomass for fuel, intensified demand for fish and bush meat, and an increase in poaching activities could all significantly impact biodiversity conservation.

The ability of Ugandan institutions to effectively manage the environmental effects of oil production is a major concern. According to the Wildlife Conservation Society’s “Wildlife, Landscapes and Development for Conservation” (WILD) Final Report, because the oil industry is new to the country, there is very little understanding and capacity to address its potential negative environmental impacts. Government agencies such as the Petroleum Exploration and Production Department (PEPD), National Environment Management Authority (NEMA), the Ugandan Wildlife Authority (UWA), civil society organizations, and the relevant oil companies have all expressed their apprehension over the lack of expertise within Uganda to manage environmental concerns related to oil development.

Given the complexity of potential environmental impacts from the oil and gas industry, there is a need to provide specialized expertise within these existing government agencies. The majority of government staff is well trained in environment-related disciplines, but there is little focus on oil and gas related issues. There is a need to increase basic information and knowledge of oil and gas processes in general and relevant best practices in environmental auditing of this sector, including setting of standards and enforcement; monitoring the status and trends of biodiversity, ecosystems, and ecosystem services specific to oil and gas; reviewing environmental impact assessments related to oil and gas; timely identification and mitigation of oil and gas related environmental impacts and best practices in oil spill contingency planning. In addition, current and future staff of Uganda’s environmental agencies need a broader perspective on related issues such as the environmental policy process; environmental economics and trade-offs between various types of resource use; legal and human rights dimensions of oil development; how to structure contracts and agreements so that environmental requirements are binding; and how to legally enforce environmental requirements.

This broader perspective is essential if recommendations generated by the environmental monitoring process are to be applied effectively in order to avoid negative future impacts.

Throughout the Albertine Rift, there is an urgent need for community engagement and raising public awareness on oil and gas activities in a strategic, planned, systematic and sustainable manner. Social engagement is critical to encouraging public understanding of and participation in decision-making regarding potential impacts of oil and gas on the environment and biodiversity. Community and district officials are also strained for resources and do not possess the technical expertise that is required to monitor and enforce environmental considerations regarding oil development and engage in technical planning and budgeting for environmental management.

Currently, the country does not have a higher-level educational institution offering a comprehensive degree program to develop professional expertise to effectively manage the environmental impacts of the oil and gas industry. NEMA, with funding from Norway, recently completed the “Capacity Needs Assessment for the Environmental Pillar Institutions in Uganda” and “The Environmental Monitoring Plan for the Albertine Graben (AG EMP),” both of which should guide any type of capacity building intervention. Specific educational and training needs identified by the Capacity Needs Assessment include knowledge on developing standards in oil and gas environment impact mitigation, and water, fisheries, soils, and wetland analyses for baseline assessments and monitoring.

In addition, baseline data for the biophysical characteristics of the Albertine are insufficient and need to be collected. This program will work towards addressing the needs identified in the Capacity Needs Assessment by providing adequately educated and trained professionals to produce practical guidelines, tools and models to improve the environmental performance of oil and gas operations, minimize or avoid negative impacts on biodiversity, and maximize opportunities for conservation in the Albertine Rift.

C.3 OBJECTIVE AND EXPECTED RESULTS

The overall objective of USAID/Uganda’s Environmental Management for the Oil Sector activity is to improve Ugandan understanding of and ability to address the impact of oil and gas development on Uganda’s biodiversity and ecosystems. The expected results are:

1. Strengthened capacity of Government of Uganda institutions to manage the environmental impacts of the oil and gas sector

2. Strengthened capacity of current and future Ugandan professionals in the public and private sector to manage and respond to the environmental impacts of the oil and gas sector

3. Improved environmental oversight of oil and gas activities in the Albertine Rift

4. Strengthened capacity of Ugandan civil society to participate in decision-making in the oil and gas sector

The above results will be achieved by working with various government agencies and institutions, academic and research institutions, civil society organizations and the private sector to improve their understanding and ability to fully integrate protection of the environment and biodiversity in the regulatory and business processes that control the exploration and production of oil and gas in the Albertine Rift.

The main outcome of this activity will be an increase in the capacity of Ugandan professionals to manage the environmental impacts of the oil and gas sector while improving the capacity of the participating institutions to ensure sustainability.