SOL-663-15-000028.pdf

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TABLE OF CONTENTS

SECTION A - SOLICITATION/CONTRACT FORM

B.1 PURPOSE

B.2 CONTRACT TYPE

B.3 CEILING PRICE

B.4 CONTRACT LINE ITEM (CLIN) PRICING

B.5. PAYMENT

SECTION C – DESCRIPTION / SPECIFICATIONS/STATEMENT OF WORK

C.1 BACKGROUND

C.2 OBJECTIVE

C.3 SCOPE

C.3.1 TASKS

C.3.1 MATERIALS

C.3 ON-SITE INSPECTION

SECTION D - PACKAGING AND MARKING

D.1 AIDAR 752.7009 MARKING (JAN 1993)

D.2 BRANDING STRATEGY

D.3 BRANDING AND MARKING POLICY

SECTION E INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

E.2 FAR 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

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 DELIVERABLES

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

G.7 CONTRACTOR’S PRIMARY POINT OF CONTACT

G.8 CONTRACTOR’S PAYMENT ADDRESS

G.9 VAT REIMBURSEMENT PROCESSES

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 ADS 302.3.5.5 REPORTING OF FOREIGN TAXES (JULY 2007)

H.2 ADS 302.3.5.9 NONDISCRIMINATION (JUNE 2012)

H.3 ADS 302.3.5.13 ACCESS TO USAID FACILITIES AND USAID’S INFORMATION SYSTEMS

(AUGUST 2013)

H.4 ADS 302.3.5.14(A) USAID DISABILITY POLICY - ACQUISITION (DECEMBER 2004)

H.5 ADS 302.3.5.14(B) STANDARDS FOR ACCESSIBILITY FOR THE DISABLED IN USAID

CONSTRUCTION CONTRACTS (JULY 2007)

H.6 ADS 302.3.5.17 LIMITATION ON SUBCONTRACTING TO NON-LOCAL ENTITIES (MAY 2012)

H.7 ADS 302.3.5.19 USAID-FINANCED THIRD-PARTY WEB SITES (AUGUST 2013)

H.8 ADS 302.3.5.20 CONFERENCE PLANNING AND REQUIRED APPROVALS (AUGUST 2013)

H.9 ADS 3.5.21 USAID IMPLEMENTING PARTNER NOTICES (IPN) PORTAL FOR ACQUISITION

(JULY 2014)

SECTION I – CONTRACT CLAUSES

I.1 FAR 52.252‐2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

I.3 FAR 52.243-7 NOTIFICATION OF CHANGES (APR 1984)

I.4 FAR 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (OCT 2008)

I.5 FAR 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)

I.6 FAR 52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

I.7 AIDAR 752.7013 CONTRACTOR-MISSION RELATIONSHIPS (OCT 1989)

I.8 EXECUTIVE ORDER ON TERRORISM FINANCING (FEB 2002)

I.9 FAR 52.203-15 – WHISTLEBLOWER PROTECTIONS UNDER THE AMERICAN RECOVERY AND

REINVESTMENT ACT OF 2009 (JUN 2010)

SECTION J – LIST OF ATTACHMENTS

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

SECTION M – EVALUATION FACTORS FOR AWARD

(End of Table of Contents)

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 PURPOSE

The purpose of this RFP is to complete the renovations that have been started (but not fully completed) at five existing health centers located near Awassa in the communities of Arsi Negele, Batu, Durame, Gimbichu, and Waka. All sites are located in Oromia, and Southern Nations Nationalities and Peoples Region (SNNPR) of Ethiopia.

B.2 CONTRACT TYPE

The U.S. Government contemplates award of a fixed-price Purchase order (PO) resulting from this solicitation pursuant to FAR 13.302-1. For the consideration set forth below, the Contractor shall perform the work specified in Section C of this solicitation.

B.3 CEILING PRICE

(a) The Firm-fixed-price for the performance of the construction work specified in Section C is not to exceed $TBD.

(b) Within the total Firm-fixed-price specified in paragraph (a) above, the amount currently obligated and available for reimbursement of allowable costs incurred by the Contractor for performance hereunder is $TBD. The Contractor shall not exceed the aforesaid obligated amount.

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

B.4 CONTRACT LINE ITEM (CLIN) PRICING

The firm-fixed price of the PO is broken down among the CLINs as follows:

CLIN PRICE

CLIN – 001 Arsi Negelle Health Center Renovation $______ CLIN – 002 Batu Health Center Renovation $______ CLIN – 003 Durame Health Center Renovation $______ CLIN – 004 Gimbichu Health Center Renovation $______ CLIN – 005 Waka Health Center Renovation $______

Total Fixed Price $______

B.5. PAYMENT

The Government shall pay the Contractor, upon the submission of proper invoices or vouchers according to guidelines contained in Section G and Section I below, the prices stipulated in this Purchase Order for deliverables rendered and accepted, less any deductions provided in this PO.

[END OF SECTION B]

SECTION C – DESCRIPTION / SPECIFICATIONS/STATEMENT OF WORK

C.1 BACKGROUND

USAID is currently working in partnership with the Ethiopia Ministry of Health to improve health infrastructure throughout Ethiopia, including rural health centers, as part of the USAID’s Ethiopia Health Infrastructure Program (EHIP).

EHIP includes five sites near Awassa in the communities of, Batu, Arsi Negelle, Durame, Gimbichu, and Waka. These are existing health centers that EHIP is working to renovate.

USAID has completed all design work for the health facilities and is in the process of completing construction. These five sites were to be completed by a previous construction contractor, but prior to completion the previous contract expired and USAID no longer works with that organization.

Location and contact information for each of the five sites is shown in the table below.

Site Name

Location Approxi mate

Distance from

Awassa

Contact Person

Latitude Longitude Region Zone Woreda Name Phone

Batu 7.9379 N 38.7173 E Oromia East Shoa

Batu Town

120 km Gurmu Hamino 0911545746

Arsi Negele

7.3509 N 38.6819 E Oromia West

Arsi

Arsi Negelle

50 km Abdulkadir Tufa 0920130927

Durame 7.2479 N 37.9050 E SNNPR Kembata Timbaro

Durame City

120 km W/ro Alemnesh 0910430397

Gimbichu 7.4480 N 37.6219 E SNNPR Hadiya Soro 180 km Ayele Abishiro 0913354240

Waka 7.0595 N 37.1792 E SNNPR Dawro Mareka 260 km Aniley Bahiru 0913741244

C.2 OBJECTIVE

The objective of this statement of work (SOW) is to complete the renovations at five existing health centers located near Awassa in the communities of Arsi Negele, Batu, Durame, Gimbichu, and Waka.

C.3 SCOPE

The Contractor will fully complete the renovations at the five sites (Arsi Negele, Batu, Durame, Gimbichu, and Waka) according to the drawings, specifications, and supplementary guidance provided by USAID. The supplementary guidance includes USAID’s responses to requests for information (RFIs) submitted by the previous construction contractor. These design and guidance documents are included as Attachment 1. The Contractor is responsible for completing the remaining construction activities and successful performance testing of the completed systems according to the design and specifications.

USAID has summarized all construction activities that the Contractor will need to complete in a Punch List for each site. The construction activities required are different at each site. A Punch List of electrical issues and a Punch List of general issues are included for each site:

• Attachment 2 – Arsi Negelle Punch List

• Attachment 3 – Batu Punch List

• Attachment 4 – Durame Punch List

• Attachment 5 – Gimbichu Punch List

• Attachment 6 – Waka Punch List

USAID or others on behalf of USAID may review the contractor’s site work periodically and when the contractor believes all site work has been completed. If USAID identifies work that is unacceptable or incomplete, USAID will provide Quality Management (QM) technical direction to the contractor. The contractor will modify or redo work to address USAID’s QM technical direction. The USAID CO or COR will inform the contractor in writing when a Task is accepted as complete.

After the project is accepted as complete, the Contractor will provide a 12-month warranty period during which the Contractor will rectify at no additional cost any defects associated with construction as per the design specifications (Attachment 1.0, Section 017700).

The Contractor must take into consideration gender issues when completing this contract to respect the critical role women play in accelerating progress in development and advancing global prosperity and security. The Contractor’s team should consist of an equal number of women and men to the greatest extent practical. Women and men must be given equal consideration for any and all positions, including construction worker positions.

C.3.1 Tasks

This project is split into five tasks corresponding to the five sites. Each task includes all work associated with the corresponding site. The tasks are as follows:

• Task 1: Arsi Negelle Health Center Renovation

• Task 2: Batu Health Center Renovation

• Task 3: Durame Health Center Renovation

• Task 4: Gimbichu Health Center Renovation

• Task 5: Waka Health Center Renovation

C.3.1 Materials

Unless specified otherwise, the contractor will provide all necessary materials, equipment, machinery, site security, labor, government/utility payments, etc. necessary to complete the work according to the project milestones. The contractor will provide or obtain all utilities or services required during the work, such as power and water. The contractor will be responsible for all costs associated with replacing any materials that become unusable (e.g., lost, damaged, stolen) after they have been purchased, delivered, or installed on site and prior to final completion of the Task.

A Bill of Quantities (BOQ) for each Task/site is included in Attachment 7. These BOQs combined with the associated site specific punchlist should be used as the basis for the developing a cost offer. The offerors must propose unit prices for each item that reflect the total cost to complete the renovations with newly purchased materials.

Some of the materials required to complete the work were previously purchased and may be available on site for the Contractor to use. At this time, the specific inventory of existing materials is unknown. No more than five days after the Notice to Proceed is issued, the Contractor may review, jointly with USAID, the on-site inventory of existing materials and provide USAID with a detailed list of these materials the Contractor proposes to include in the work. USAID and the Contractor will negotiate the value of these selected materials and adjust the contract price for the specific work. All non-selected materials will be removed from the health center site.

The Contractor shall prepare and submit submittals required by individual Specification Sections, including required shop submittals, according the requirements defined in the design specifications. (13300-1.5)

Immediately upon discovery of the need for additional information or interpretation of the construction to be completed by the Contractor as defined in the design drawings, specifications, and site specific Punch Lists and BOQs, the Contractor shall prepare and submit an RFI in the form defined in the design specifications. (13100-1.5)

C.3 On-site Inspection

No more than five days after Notice to Proceed, the Contractor shall conduct an on-site inspection of the Arsi Negele, Batu, Durame, Gimbichu, and Waka sites to confirm agreement with all new construction activities detailed on the site specific electrical Punch List and general Punch List and the associated BOQs that define construction to be completed by the Contractor.

Prior to starting the work, The Contractor will notify USAID in writing according the guideline in Section I of any observed variances between observed on-site conditions and the specific detailed activity contained in the Punch Lists and the BOQs. USAID and the Contractor will resolve these variances and agree on a construction solution prior to starting the work.

- END OF SECTION C -

SECTION D - PACKAGING AND MARKING

D.1 AIDAR 752.7009 MARKING (JAN 1993)

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

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

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

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

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

D.2 BRANDING STRATEGY

The branding strategy for this contract, as specified in USAID ADS 320.3.2.1 is as follows:

Program Name: Completion of Five Health Centers Renovation near Awassa Project in the communities of Arsi Negele, Batu, Durame, Gimbichu, and Waka

Branding: The branding shall incorporate the message: The assistance is “from the American People jointly sponsored by USAID and the Government of the Democratic Federal Republic of Ethiopia”.

Desired Level of Visibility: USAID identity must be prominently displayed in: commodities or equipment; printed, audio, visual or electronic public communications; studies, reports, publications, web sites, and all promotional and informational products; and events.

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

D.3 BRANDING AND MARKING POLICY

In accordance with provision D.2 above, and where applicable, the Contractor shall 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.

Marking Plan Guidance: The MP developed by the contractor should enumerate the public communications, commodities, program materials, or other items which will visibly bear or will http://www.usaid.gov/policy/ads/300/320.pdf http://www.usaid.gov/branding be marked with the USAID Identity. All program materials, including press releases, reports, training manuals, invitations, banners, and training agendas, should be marked with the USAID Identity (which consists of the USAID logo and the line “From the American People”) in compliance with the color and other standards set forth in the USAID Graphic Standards Manual (See: http://www.usaid.gov/policy/ads)

All Identities/Logos should be roughly the same size and prominence. In addition, the MP must address, specifically, how its reports or other publications, press releases, training manuals, and program-related events (trainings, press conferences, etc.) will display the USAID Identity.

The Contractor can download Graphic Standard Manuals from the following link to be used as the Marking guideline for the contract:

http://www.usaid.gov/branding/USAID_Graphic_Standards_Manual.pdf. Additional information on Marking requirements can also be obtained from this link http://www.usaid.gov/branding/acquisition.html. Please contact the USAID/Ethiopia Contracting Officer Representative (COR) in the event that you have been unable to download the document.

[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 FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

NUMBER TITLE DATE

52.246-4 INSPECTION OF SERVICES – FIXED PRICE AUG 1996

E.2 FAR 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

(a) Definition. “Work” includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not --

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary.

The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may --

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor’s right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction.

However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

[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. See FAR 52.252-2 for an internet address (if specified) 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

F.2 PERIOD OF PERFORMANCE

The period of performance of this purchase order is 180 days from the date that USAID issues the Notice to Proceed.

F.3 PLACE OF PERFORMANCE

Performance of this contract will be principally in Oromia, and Southern Nations Nationalities and Peoples Region (SNNPR) of Ethiopia.

F.4 DELIVERABLES

While USAID’s expectation from the contractor is to perform the above works as ordered in the table, however, the contractor is welcome to propose alternative project sequencing or start two or more sites / activities simultaneously based on the contractor’s assessment of the required level of effort contained in the attached materials. The contractor will be expected to come up with delivery dates for each of the deliverables and incorporate them in the schedule of each task as per Section F.5, the design drawings and specifications.

Tasks/ Site Acceptance

Proposed Date (X numbers of days from the day of NTP)

Progress Payment Amount

1. Arsi Negelle Health center

• Deliverable 1.1, Completion of the remaining works as per the BOQ and punch list including quality assurance testing

With verification approval from

USAID

To Be Determined (TBD) after

USAID’s review and acceptance of contractor’s proposed schedule

100% of the contract price for this CLIN

2. Batu Health center

• Deliverable 2.1, Completion of the remaining works as per the BOQ and punch list including system performance testing

With verification approval from

USAID

TBD after USAID’s review and acceptance of contractor’s proposed schedule

100% of the contract price for this CLIN

3. Durame Health Center

• Deliverable 3.1, Completion of the remaining works as per the BOQ and punch list including the water tower and system performance testing for the site works

With verification approval from

USAID

TBD after USAID’s review and acceptance of contractor’s proposed schedule

40% of the contract price for this CLIN

• Deliverable 3.2, Completion of the remaining works as per the BOQ and punch list including system performance testing for Administration, Delivery and OPD blocks

With verification approval from

USAID

TBD after USAID’s review and acceptance of contractor’s proposed schedule

30% of the contract price for this CLIN

• Deliverable 3.3, Completion of the remaining works as per the BOQ and punch list including system performance testing for Infectious disease, Drug Store and Pit latrine blocks

With verification approval from

USAID

TBD after USAID’s review and acceptance of contractor’s proposed schedule

30% of the contract price for this CLIN

4. Gimbichu Health Center

• Deliverable 4.1, Completion of the remaining works as per the BOQ and punch list including the percolation pit and system performance testing for site work, registration, delivery and OPD blocks

With verification approval from

USAID

TBD after USAID’s review and acceptance of contractor’s proposed schedule

60% of the contract price for this CLIN

• Deliverable 4.2, Completion of the remaining works as per the BOQ and punch list including system performance testing for ART, Pit Latrine and Soak away pit

With verification approval from

USAID

TBD after USAID’s review and acceptance of contractor’s proposed schedule

40% of the contract price for this CLIN

5. Waka Health Center

• Deliverable 5.1, Completion of the remaining works as per the BOQ and punch list including system performance testing

With verification approval from

USAID

TBD after USAID’s review and acceptance of contractor’s proposed schedule

100% of the contract price for this CLIN

F.5 SCHEDULE

All work should be accepted as complete by USAID no later than 180 days from the date that USAID issues the Notice to Proceed. The contractor will include in the bid package a detailed schedule following guidelines contained in design specification (13200) showing when each Task (site) will be complete. The schedule must accommodate all weekends, holidays, expected weather days, and other days when the Contractor cannot work.

Prior to issuance of the Notice to Proceed, USAID and the Contractor will review the construction timeline submitted by the contractor and confirm key project milestone dates.

F.6 REPORTING

The contractor should submit quality as well as progress reports on weekly basis. The contractor should also attended meetings with USAID upon request.

- End of Section F -

SECTION G CONTRACT ADMINISTRATION DATA

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

a) Claims for reimbursement or payment under this contract must be submitted to the Paying

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

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

TOTAL EXPENDITURES

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

Line Item

Description Amt.

Vouchered To Date

Amt.

Vouchered This Period

Product/Service Desc. For Line Item 0001 example:

Salary/Wages $XXXX.XX $XXXX.XX

Product/Service Desc. For Line Item 0002 example: Travel $XXXX.XX $XXXX.XX

Total $XXXX.XX $XXXX.XX

(2) The fiscal report shall include a certification, signed by an authorized representative of the Contractor, as follows:

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

all required Contracting Officer approvals have been obtained; and appropriate refund to USAID will be made promptly upon request in the event of disallowance of costs not reimbursable under the terms of this contract.

BY:______________________________________

TITLE:___________________________________

DATE: ___________________________________

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

c) Upon compliance by the Contractor with all the provisions of this contract, acceptance by the

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

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

G.2 ADMINISTRATIVE CONTRACTING OFFICE

The Administrative Contracting Office is Office of Acquisition and Assistance, USAID/Ethiopia, which can be contacted at the following address:

USAID/Ethiopia Office of Acquisition and Assistance U.S. Embassy Entoto Street P.O. Box 1014 Addis Ababa, Ethiopia

The Contracting Officer shall be the only individual on behalf of USAID authorized to:

a) Waive any requirement of this solicitation;

b) Modify any term or condition of this RFP; and

c) Accept any non-conforming work.

G.3 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The Contracting Officer’s Representative (COR) is:

(Name to be filled in upon award)

The COR will be designated in this section of the resulting contract as well as by designation letter from the Contracting Officer at:

Office of Acquisition and Assistance U.S. Embassy Entoto Street P.O. Box 1014 Addis Ababa, Ethiopia

G.4 TECHNICAL DIRECTIONS/RELATIONSHIP WITH USAID

a) Technical Directions are defined to include:

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

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

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

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

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

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

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

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

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

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

LIMITATIONS: The Contracting Officer’s Representative is not empowered to award, agree to, or sign any contract (including delivery or purchase orders) or modifications thereto, or in any way to obligate the payment of money by the Government. The Contracting Officer’s

Representative may not take any action which may impact on the contract schedule, funds, scope or rate of utilization of LOE. All contractual agreements, commitments, or modifications which involve prices, quantities, quality, and schedules shall be made only by the Contracting Officer.

c) In the separately-issued Contracting Officer’s Representative Designation letter, the CO designates an alternate Contracting Officer’s Representative to act in the absence of the designated Contracting Officer’s Representative, in accordance with the terms of the letter.

d) Contractual Problems - Contractual problems, of any nature, that may arise during the life of the contract must be handled in conformance with specific public laws and regulations (i.e.

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

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

G.5 PAYING OFFICE

The preferred method of transmission of invoices is through electronic medium at the following address: addispaymentsectionOFM@usaid.gov. Subject line shall read Award No. and name of firm [to be filled in at time of award]. The SF-1034 must be signed, and it must be submitted along with the invoice and any other documentation in Adobe format. If submitting invoices electronically, do not send a paper copy.

Paper copy submission: One (1) original of each invoice shall be submitted on an SF-1034 Public Voucher for Purchases and Services Other Than Personal to the Office of Financial Management (OFM) at the following address:

Office of Financial Management

U.S. Embassy Entoto Street P.O. Box 1014 Addis Ababa, Ethiopia mailto:addispaymentsectionOFM@usaid.gov

G.6 ACCOUNTING AND APPROPRIATION DATA

[TO BE INSERTED AT AWARD]

G.7 CONTRACTOR’S PRIMARY POINT OF CONTACT

The contractor’s primary point of contact is insert name and can be reached at telephone number and email address

Name: _____________________________________________

Title: _____________________________________________

Email: _____________________________________________

Phone: _____________________________________________

G.8 CONTRACTOR’S PAYMENT ADDRESS

[To be filled in at time of Award]

G.9 VAT REIMBURSEMENT PROCESSES

As an implementing partner of USAID projects in Ethiopia, the contractor is required to be legally registered with the appropriate authorities to receive reimbursement for Value-Added Tax (VAT) expenses.

The contractor is required to submit VAT reimbursement requests in accordance with the claim procedures listed in Section J, Attachments 8 and 9.

[END OF SECTION G]

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 ADS 302.3.5.5 Reporting of Foreign Taxes (July 2007)

(a) The contractor must annually submit a report by April 16 of the next year.

(b) Contents of Report. The report must contain:

(1) Contractor name.

(2) Contact name with phone, fax and email.

(3) Contract number(s).

(4) Amount of foreign taxes assessed by a foreign government [each foreign government must be listed separately] on commodity purchase transactions valued at $500 or more financed with U.S. foreign assistance funds under this agreement during the prior U.S. fiscal year.

(5) Only foreign taxes assessed by the foreign government in the country receiving U.S. assistance are to be reported. Foreign taxes by a third party foreign government are not to be reported. For example, if a contractor performing in Losotho using foreign assistance funds should purchase commodities in South Africa, any taxes imposed by South Africa would not be reported in the report for Lesotho (or South Africa).

(6) Any reimbursements received by the contractor during the period in (4) regardless of when the foreign tax was assessed and any reimbursements on the taxes reported in (4) received through March 31.

(7) Report is required even if the contractor did not pay any taxes during the report period.

(8) Cumulative reports may be provided if the contractor is implementing more than one program in a foreign country.

(c) Definitions. For purposes of this clause:

(1) “Agreement” includes USAID direct and country contracts, grants, cooperative agreements and interagency agreements.

(2) “Commodity” means any material, article, supply, goods, or equipment.

(3) “Foreign government” includes any foreign governmental entity.

(4) “Foreign taxes” means value-added taxes and custom duties assessed by a foreign government on a commodity. It does not include foreign sales taxes.

(d) Where. Submit the reports to: [insert address and point of contact at the

Embassy, Mission, or CFO/CMP as appropriate].

(e) Subagreements. The contractor must include this reporting requirement in all applicable subcontracts and other subagreements.

(f) For further information see http://www.state.gov/m/rm/c10443.htm.

http://www.state.gov/m/rm/c10443.htm

H.2 ADS 302.3.5.9 Nondiscrimination (June 2012)

FAR Part 27 and the clauses prescribed in that part prohibit contractors performing in or recruiting from the U.S. from engaging in certain discriminatory practices.

USAID is committed to achieving and maintaining a diverse and representative workforce and a workplace free of discrimination. Based on law, Executive Order, and Agency policy, USAID prohibits discrimination in its own workplace on the basis of race, color, religion, sex (including pregnancy and gender identity), national origin, disability, age, veteran’s status, sexual orientation, genetic information, marital status, parental status, political affiliation, and any other conduct that does not adversely affect the performance of the employee. USAID does not tolerate any type of harassment, either sexual or nonsexual, of any employee or applicant for employment.

Contractors are required to comply with the nondiscrimination requirements of the

FAR.

In addition, the Agency strongly encourages all its contractors (at all tiers) to develop and enforce comprehensive nondiscrimination policies for their workplaces that include protection on these expanded bases, subject to applicable law.

H.3 ADS 302.3.5.13 Access to USAID Facilities and USAID’s Information Systems

(August 2013)

(a) A U.S. citizen or resident alien engaged in the performance of this award as an employee, consultant, or volunteer of a U.S firm may obtain access to USAID facilities or logical access to USAID’s information systems only when and to the extent necessary to carry out this award and in accordance with this provision. The contractor’s employees, consultants, or volunteers who are not U.S. citizen as well as employees, consultants, or volunteers of non-U.S. firms, irrespective of their citizenship, will not be granted logical access to U.S. Government information technology systems (such as Phoenix, GLAAS, etc.)

and must be escorted to use U.S. Government facilities (such as office space).

(b) Before a contractor (or a contractor employee, consultant, or volunteer) or subcontractor at any tier may obtain a USAID ID (new or replacement) authorizing him/her routine access to USAID facilities in the United States, or logical access to USAID’s information systems, the individual must provide two forms of identity source documents in original form to the Enrollment Office personnel when undergoing processing. One identity source document must be a valid Federal or State government-issued picture ID.

Contractors may contact the USAID Security Office to obtain the list of acceptable forms of documentation. Submissions of these documents, to include documentation of security background investigations are mandatory in order for the contractor to receive a PIV/FAC card and be granted access to any of USAID’s information systems. All such individuals must physically present these two source documents for identity proofing at their enrollment.

(c) The contractor or its Facilities Security Officer must return any issued building access ID and remote authentication token to the Contracting Officer’s Representative (COR) upon termination of the individual’s employment with the contractor or completion of the contract, whichever occurs first.

(d) Individuals engaged in the performance of this award as employees, consultants, or volunteers of the contractor must comply with all applicable Homeland Security Presidential Directive-12 (HSPD-12) and Personal Identity Verification (PIV) procedures, as described above, and any subsequent USAID or government-wide HSPD-12 and PIV procedures/policies.

The contractor is required to include this provision in any subcontracts that require the subcontractor, subcontractor employee, or consultant to have routine physical access to USAID space or logical access to USAID’s information systems.

H.4 ADS 302.3.5.14(a) USAID Disability Policy - Acquisition (December 2004)

a. The objectives of the USAID Disability Policy are (1) to enhance the attainment of United States foreign assistance program goals by promoting the participation and equalization of opportunities of individuals with disabilities in USAID policy, country and sector strategies, activity designs and implementation; (2) to increase awareness of issues of people with disabilities both within USAID programs and in host countries; (3) to engage other U.S.

government agencies, host country counterparts, governments, implementing organizations and other donors in fostering a climate of nondiscrimination against people with disabilities; and

(4) to support international advocacy for people with disabilities. The full text of the policy paper can be found at the following website: http://pdf.usaid.gov/pdf_docs/PDABQ631.pdf.

b. USAID therefore requires that the contractor not discriminate against people with disabilities in the implementation of USAID programs and that it make every effort to comply with the objectives of the USAID Disability Policy in performing this contract. To that end and within the scope of the contract, the contractor’s actions must demonstrate a comprehensive and consistent approach for including men, women and children with disabilities.

H.5 ADS 302.3.5.14(b) Standards for Accessibility for the Disabled In USAID Construction Contracts (July 2007)

(a) One of the objectives of the USAID Disability Policy is to engage other U.S.

government agencies, host country counterparts, governments, implementing organizations and other donors in fostering a climate of nondiscrimination against people with disabilities.

As part of this policy USAID has established standards for any new or renovation construction project funded by USAID to allow access by people with disabilities (PWDs).

The full text of the policy paper can be found at the following website:

http://transition.usaid.gov/about_usaid/disability/.

(b) USAID requires the contractor to comply with standards of accessibility for people with disabilities in all structures, buildings or facilities resulting from new or renovation construction or alterations of an existing structure.

(c) The contractor will comply with the host country or regional standards for accessibility in construction when such standards result in at least substantially equivalent accessibility and usability as the standard provided in the Americans with Disabilities Act (ADA) of 1990 and the Architectural Barriers Act (ABA) Accessibility Guidelines of July 2004. Where there is no host country or regional standards for universal access, or where the host country or regional standards fail to meet the ADA/ABA threshold, the standard prescribed in the ADA and the ABA must be used.

http://pdf.usaid.gov/pdf_docs/PDABQ631.pdf http://transition.usaid.gov/about_usaid/disability/

(d) New Construction. All new construction will comply with the above standards for accessibility.

(e) Alterations. Changes to an existing structure that affect, or could affect, the usability of the structure will comply with the above standards for accessibility unless the contractor obtains the Contracting Officer’s advance approval that compliance is technically infeasible or constitutes an undue burden or both. Compliance is technically infeasible where structural conditions would require removing or altering a load-bearing m e m b e r that is an essential part of the structural frame or because other existing physical or site constraints prohibit modification or addition of elements, spaces, or f e a tu r es that are in full and strict compliance with the minimum requirements of the standard. Compliance is an undue burden where it entails either a significant difficulty or ex pense or both.

(f) Exceptions. The following construction related activities are excepted from the requirements of paragraphs (a) through (d) above: (1) Normal maintenance, re-roofing, painting or wallpapering, or changes to mechanical or electrical systems are not alterations and the above standards do not apply unless they affect the accessibility of the building or facility; and (2) emergency construction (which may entail the provision of plastic sheeting or tents, minor repair and upgrading of existing structures, rebuilding of part of existing structures, or provision of temporary structures) intended to be temporary in nature. A portion of emergency construction assistance may be provided to people with disabilities as part of the process of identifying disaster- and crisis- affected people as "most vulnerable."

H.6 ADS 302.3.5.17 Limitation on Subcontracting to Non-Local Entities (May 2012)

(a) Applicability. This clause applies to (i) contracts that have been awarded to those local entities under the authority of and as defined in Section 7077 of Public Law 112- 74, the Consolidated Appropriations Act, 2012 (P.L. 112-74), also known as "Local Competition Authority" and (ii) contracts awarded to local entities (as defined in Section 7077 of Public Law 112-74) under the authority at AIDAR 706.302-70.

(b) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract for—

(1) Services (except construction), at least 50 percent of the cost of contract performance incurred for personnel must be expended for employees of the prime/local entity.

(2) Supplies (other than procurement from a non-manufacturer of such supplies), the prime/ local entity concern must perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) General construction, the prime/ local entity concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(4) Construction by special trade contractors, the concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

(c) By submission of an offer and execution of a contract, the Offeror/Contractor represents that it is an individual, a corporation, a nonprofit organization, or another body of persons that—

(1) Is legally organized under the laws of;

(2) Has as its principal place of business or operations in; and

(3) Either is--

(A) majority owned by individuals who are citizens or lawful permanent residents of; or

(B) managed by a governing body the majority of whom are citizens or lawful permanent residents of; a country in which this contract will be primarily performed.

(d) For purposes of this clause, “majority owned” and “managed by” include, without limitation, beneficiary interests and the power, either directly or indirectly, whether exercised or exercisable, to control the election, appointment, or tenure of the organization's managers or a majority of the organization's governing body by any means.

H.7 ADS 302.3.5.19 USAID-Financed Third-party Web Sites (August 2013)

(a) Definitions

“Third-party web sites” Sites hosted on environments external to USAID boundaries and not directly controlled by USAID policies and staff, except through the terms and conditions of a contract.

Third-party Web sites include project sites.

(b) The contractor must adhere to the following requirements when developing, launching, and maintaining a third-party Web site funded by USAID for the purpose of meeting the project implementation goals:

(1) Working through the COR, the contractor must notify the USAID Bureau for

Legislative and Public Affairs/Public Information, Production and Online Services (LPA/PIPOS) of the Web site URL as far in advance of the site's launch as possible.

(2) The contractor must comply with Agency branding and marking requirements comprised of the USAID logo and brandmark with the tagline “from the American people,” located on the USAID Web site at www.usaid.gov/branding, and USAID Graphics Standards manual at http://transition.usaid.gov/branding/gsm.html.

(3) The Web site must be marked on the index page of the site and every major entry…