Solicitation 72052321R00001 - signed.pdf

Date Issued: December 28, 2020

Questions Due Date: January 12, 2021, 9:30 AM Mexico City Time

Closing Date: February 16, 2021

Closing Time: 9:30 AM Mexico City Time

SUBJECT: Request for Proposals (RFP) No.: 72052321R00001

REFERENCE: Por la Protección de Defensores y Periodistas (PDP) (Defenders and Journalists Protection) Activity

The U.S. Agency for International Development (USAID) mission Mexico is seeking proposals from qualified organizations interested in providing services as described in the attached solicitation.

This competitive procurement will be conducted through full and open competition, for which the procedures for “contracting by negotiation, trade-off process” as set forth in the Federal

Acquisition Regulation (“FAR”) Part 15 will govern. All types of organizations (large or small commercial for-profit firms, educational institutions, and non-profit organizations) meeting

USAID source and nationality geographic code 937 are eligible to compete. The North

American Industry Classification System (NAICS) Code for this action is 541990 — All Other

Professional, Scientific, and Technical Services. USAID encourages the participation to the maximum extent possible of small business concerns, small disadvantaged business concerns and women-owned small business concerns in this activity as a prime contractor or as a subcontractor, in accordance with Part 19 of the FAR.

USAID/Mexico intends to award a Cost-Plus-Fixed-Fee (CPFF) Completion type contract for a period of five years from the date of award with an estimated cost of $15,000,000. Revealing the estimated cost for the contract does not mean that Offerors should necessarily strive to meet the maximum amount estimated. Offerors must propose costs that they believe are realistic and reasonable for the work described in their proposal. The most effective approach for achieving the expected results is encouraged and the award will be made to the Offeror whose proposal offers the best value to the Government considering technical and cost factors (see Section M) of the solicitation.

Offerors are encouraged to read the entire solicitation, paying special attention to Section L –

Instructions to Offerors and Section M – Evaluation Criteria. Any blanks in Sections B through J will be completed by the Contracting Officer before award. Offerors must comply with FAR

Clause 52.204-7, System for Award Management and adhere to the requirements set forth in

Section K – Representations, Certifications, and Other Statements of Offerors.

Amendments to this solicitation will be made available through the Federal Business

Opportunities website at http://www.fbo.gov. It is the Offeror’s responsibility to check this site periodically for official updates and amendments to the solicitation. This solicitation in no way obligates USAID to award a contract, nor does it commit USAID to pay any costs incurred in the http://www.fbo.gov/

Request for Proposal 72052321R00001

Por la Protección de Defensores y Periodistas (PDP) Activity preparation and submission of a proposal in response hereto. 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. Please note that USAID/Mexico will deem all offers nonresponsive if they fail to comply with the terms of this solicitation. It is the responsibility of the recipient of this solicitation document to ensure that it has been received from the internet in its entirety. USAID bears no responsibility for data errors resulting from transmission or conversion process.

Offerors must send separate technical and cost proposals to the Office of Acquisition and

Assistance. USAID/Mexico will evaluate responsive proposals in accordance with the evaluation factors provided in Section M, “Evaluation Factors for Award.” USAID/Mexico will not evaluate nonresponsive offers. By email only, please also submit all questions and requests for clarifications about this RFP no later than the deadline above to the Office of Acquisition and

Assistance at mexicoaa@usaid.gov; include the RFP number in the email subject line. Oral instructions, answers, or guidance from any USAID source prior to the award of the contract shall not be binding.

Issuance of this solicitation does not in any way obligate USAID/Mexico to award a contract or commit it to pay for costs incurred preparing and submitting a proposal. Indeed, USAID/Mexico absolutely will NOT reimburse offerors for ANY COST associated with the development of their proposal. Offerors incur such costs at their own risk. Furthermore, USAID/Mexico reserves the right to reject any and all offers when considered by the Contracting Officer to serve the best interests of the U.S. Government.

The Agency point of contact for this solicitation is the Office of Acquisition and Assistance, at mexicoaa@usaid.gov.

Thank you in advance for your interest in this procurement.

Sincerely, Elizabeth Colarik

Contracting Officer mailto:mexicoaa@usaid.gov

Contents

PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES/PRICES

B.1 PURPOSE

B.2 CONTRACT TYPE AND SERVICES

B.3 ESTIMATED COST AND FIXED FEE AND OBLIGATED AMOUNT

B.4 PAYMENT OF FIXED FEE

B.5 CONTRACT BUDGET

B.6 INDIRECT COSTS

B.7 REIMBURSABLE COSTS

SECTION C – STATEMENT OF OBJECTIVES

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 MARKING

SECTION E – INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE13

E.2 INSPECTION AND ACCEPTANCE

E.3 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

SECTION F – DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE15

F.2 PERIOD OF PERFORMANCE

F.3 PLACE OF PERFORMANCE

F.4 PERFORMANCE EVALUATION & PERFORMANCE STANDARDS

F.5 KEY PERSONNEL

F.6 REPORTS AND DELIVERABLES

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 TECHNICAL DIRECTION AND DESIGNATION OF RESPONSIBLE USAID

OFFICIALS

G.2 CONTRACTING OFFICER'S AUTHORITY

G.3 ADMINISTRATIVE CONTRACTING OFFICE

G.4 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

G.5 TECHNICAL DIRECTIONS/RELATIONSHIP WITH USAID

G.6 payment and invoices

G.7 ACCOUNTING AND APPROPRIATION DATA

G.8 CONTRACTOR’S PRIMARY POINT OF CONTACT

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 LANGUAGE REQUIREMENTS

H.2 CONTRACTOR’S STAFF SUPPORT AND ADMINISTRATIVE AND LOGISTICS

ARRANGEMENTS

H.3 AUTHORIZED GEOGRAPHIC CODE

H.4 SUBMISSION OF DATASETS TO THE DEVELOPMENT DATA LIBRARY (DDL)

ADS 302.3.5.21 (OCTOBER 2014)

H.5 ELECTRONIC PAYMENTS SYSTEM (JULY 2014)

H.6 PROHIBITION OF ASSISTANCE TO DRUG TRAFFICKERS (22 CFR Part 140) 31

H.7 GRANTS UNDER CONTRACT (GUC)

H.8 AUTHORIZED WORK WEEK

H.9 EXECUTIVE ORDER ON TERRORISM FINANCING

H.10 FOREIGN GOVERNMENT DELEGATIONS TO INTERNATIONAL

CONFERENCES (JAN 2002)

H.11 CONSENT TO SUBCONTRACT

H.12 SUBCONTRACTING PLAN REPORT FOR INDIVIDUAL CONTRACTS AND

SUMMARY CONTRACTING REPORT

H.13 DEFENSE BASE ACT INSURANCE AND SERVICES

H.14 ENVIRONMENTAL COMPLIANCE (22 CFR 216)

H.15 PERSONNEL COMPENSATION

H.16 DISCLOSURE OF INFORMATION

H.17 LIMITATION ON ACQUISITION OF INFORMATION TECHNOLOGY (APRIL

2018) (DEVIATION NOs. M/OAA-DEV-FAR-20-3c and M/OAA-DEV-AIDAR-20-2c)

(APRIL 2020)

PART II – CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE40

I.2 FAR 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR

INFORMATION SYSTEMS (JUN 2016)

I.3 FAR 52.216-24 LIMITATION OF GOVERNMENT LIABILITY (APR 1984)

I.4 FAR 52.216-25 CONTRACT DEFINITIZATION (OCT 2010)

I.5 FAR 52.222-2 PAYMENT FOR OVERTIME PREMIUMS (JUL1990)

I.6 FAR 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (jun 2020)

I.7 FAR 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES

(JUN 2020)

I.8 FAR 52.247-67 SUBMISSION OF TRANSPORTATION DOCUMENTS FOR AUDIT

(FEB 2006)

I.9 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

I.10 AIDAR 752.229-71 REPORTING OF FOREIGN TAXES (JULY 2007)

I.11 AIDAR 752.245-70 GOVERNMENT PROPERTY—USAID REPORTING

REQUIREMENTS (OCT 2017)

I.12 AIDAR 752.252-2 AIDAR CLAUSES INCORPORATED BY REFERENCE (MAR

2015)

I.13 AIDAR 752.7003 DOCUMENTATION FOR PAYMENT (NOV 1998)

PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS ... 56

SECTION J – LIST OF ATTACHMENTS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K – REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS

OF OFFERORS

K.1 NOTICE LISTING SOLICITATION CLAUSES INCORPORATED BY REFERENCE

K.2 FAR 52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)

K.3 FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR

2020)

K.4 FAR 52.204-20 PREDECESSOR OF OFFEROR (AUG 2020)

K.5 FAR 52.204-24 REPRESENTATION REGARDING CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (OCT 2020)

K.6 FAR 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR

SERVICES-REPRESENTATION (OCT 2020)

K.7 FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG

2020)

K.8 FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT

2018)

K.9 FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING

DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY

FEDERAL LAW (FEB 2016)

K.10 FAR 52.209-12 CERTIFICATION REGARDING TAX MATTERS (OCT 2020) ... 73

K.11 FAR 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS-

CERTIFICATION (JUL 2020)

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

K.13 FAR 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (NOV 2020)76

K.14 FAR 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB

1999)

K.15 FAR 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)

K.16 FAR 52.225-2 BUY AMERICAN CERTIFICATE (MAY 2014)

K.17 FAR 52.230-1 COST ACCOUNTING STANDARDS NOTICES AND

CERTIFICATION (JUN 2020)

K.18 FAR 52.230-7 PROPOSAL DISCLOSURE—COST ACCOUNTING PRACTICE

CHANGES (APR 2005)

K.19 AGREEMENT ON, OR EXCEPTIONS TO, TERMS AND CONDITIONS

K.20 AUTHORIZED NEGOTIATORS

K.21 SIGNATURE

SECTION L –INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFEROR

L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE

L.2 FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

L.3 FAR 52.233-2 SERVICE OF PROTEST (SEP 2006)

L.4 GENERAL INSTRUCTIONS

L.5 DELIVERY INSTRUCTIONS

L.6 INSTRUCTIONS FOR THE PREPARATION OF THE TECHNICAL PROPOSAL90

L.7 INSTRUCTIONS FOR THE PREPARATION OF THE COST PROPOSAL

SECTION M - EVALUATION FACTORS FOR AWARD

M.1 OVERVIEW

M.2 TECHNICAL EVALUATION CRITERIA

M.3 EVALUATION OF COST PROPOSALS

M.4 DETERMINATION OF THE COMPETITIVE RANGE

M.5 CONTRACTING WITH SMALL BUSINESS CONCERNS AND DISADVANTAGED

ENTERPRISES

PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES/PRICES

B.1 PURPOSE

The purpose of this activity is to improve the capacity and effectiveness of governmental and non-governmental actors whose charge it is to protect Mexican journalists and human rights and environmental defenders, supporting an enabling environment in which they can safely, without fear of harm or harassment, foster an informed civic space, promote transparency, and hold governmental authorities accountable, as described in Section C.

B.2 CONTRACT TYPE AND SERVICES

This is a Cost-Plus-Fixed-Fee (CPFF) Completion Type Contract. For the consideration set forth below, the Contractor must perform the services and provide the deliverables or outputs described in Sections C, D, and F in accordance with performance standards specified in Section

E.

B.3 ESTIMATED COST AND FIXED FEE AND OBLIGATED AMOUNT

(a) The total estimated cost for the performance of the work required for the period of performance combined hereunder, inclusive of fixed fee, if any, is: $[TBD]. The fixed fee, if any, is $[TBD]. USAID will not pay the Contractor any sum in excess of the total estimated cost.

(b) Within the total 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 aforementioned obligated amount.

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

(d) The Contractor must not exceed the aforesaid obligated amount unless authorized by the

Contracting Officer pursuant to the clause of this contract entitled "Limitation of Funds" (FAR

52.232-22). In accordance with Section F, the Contractor must not exceed the Pre-Mobilization

Budget to be proposed by the Contractor after award until otherwise notified in writing by the

Contracting Officer.

B.4 PAYMENT OF FIXED FEE

Pursuant to FAR 16.306(d) Cost-Plus-Fixed-Fee Contracts, payment of the fixed fee will be divided between fixed payments for activity deliverables found in Section F.6 (25 percent) and fixed payments based on the completed performance indicators/targets (75 percent) found in the

Fixed Fee Schedule below.

[Selected Offeror’s Fixed Fee Schedule to be inserted at time of award.]

All fixed fee payments are subject to the inspection and acceptance by USAID as specified in

Section E of the same and in compliance with the terms of this contract. Upon successful completion of a deliverable, the Contractor must provide evidence of its achievement in accordance with performance standards specified in Section E to the Contracting Officer’s

Representative (COR). Upon receipt of concurrence by the COR, the Contractor shall submit an invoice for the amount of the fee associated with the deliverable.

In the event of discontinuance of the work in accordance with the clause of the contract entitled

FAR 52.249-6 Termination (Cost Reimbursement), the fee must be re-determined by mutual agreement equitably to reflect the reduction in the work actually performed. The amount by which such fee is less than, or exceeds, payments previously made on account of the fee must be paid to, or repaid by the Contractor, as applicable.

Pursuant to FAR 52.216-8 Fixed Fee, after payment of 85 percent of the fixed fee, further payment of the fee will be withheld until a reserve is set aside not to exceed 15 percent of the total fixed fee or $100,000, whichever is less.

B.5 CONTRACT BUDGET

The total cost (including fixed fee) stated below may not be adjusted without a written modification signed by the Contracting Officer. No amounts in excess of the amounts specified for each line item below shall be billed against the Contract:

Category Total (USD)

Direct Costs $TBD

Subcontracts $TBD

Grants Under Contract $TBD

Indirect Costs $TBD

Fixed Fee $TBD

Total Estimated Cost $TBD

a) The inclusion of any costs in the above budget does not obviate the requirement for prior approval by the Contracting Officer of cost items designated as requiring prior approval by any of the terms and conditions of this contract, including the applicable cost principles (see FAR 52.216-7, “Allowable Cost and Payment”); nor, does it constitute a determination of allowability by the Contracting Officer of any item of cost, unless specifically stated elsewhere in this contract. Also, the Contractor must not adjust these amounts without a written modification signed by the Contracting Officer. The

Contractor must not bill any amounts against this contract in excess of the amounts specified for each line item.

b) The Contractor agrees to furnish data that the Contracting Officer may request on costs expended or accrued under this contract.

c) Without the prior written approval of the Contracting Officer, the Contractor must not exceed the total estimated cost set forth in the budget or the total obligated amount, whichever is less.

B.6 INDIRECT COSTS

a) Pending establishment of revised provisional or final indirect cost rates, USAID/Mexico will reimburse allowable indirect costs on the basis of the following negotiated provisional or predetermined rates and the appropriate bases pursuant to the contractor’s current executed Negotiated Indirect Cost Rate Agreement

(“NICRA”):

• [To Be Determined at Award]

Description Rate Base Type Period Indirect Cost [•]% 1/ 1/ 1/

a) Description or type of rate indicated as a percentage, e.g. G&A

- Base, e.g. Direct Labor for Labor Overhead

- Period, e.g. CY 2018

b) The Contractor will make no change in its established method of classifying or allocating indirect costs without the prior written approval of the Contracting

Officer.

c) The Contractor will use the indirect cost recovery rates proposed during negotiations and accepted by the Contracting Officer for the subcontractors that received

Contracting Officer consent. The Contractor must not apply different indirect cost recovery rates for the subcontractors without prior written approval of the

B.7 REIMBURSABLE COSTS

The U.S. dollar costs allowable will be limited to reasonable, allocable, and necessary costs determined in accordance with far 31 (contract cost principles), far § 52.216-7, “allowable cost and payment,” far § 52.216- 8, “fixed fee,” far § 52.232-20, “limitation of cost,” and far § 52-

232-22, “limitation of funds,” if applicable, and AIDAR 752.7003, “documentation for payment

[END OF SECTION B]

SECTION C – STATEMENT OF OBJECTIVES

USAID will insert the Contractor’s Performance Work Statement at award. Please see

SECTION J, Attachment J.1 for the Statement of Objectives (SOO) that informs the development of Section C.

[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 AND MARKING POLICY

(a) The Contractor must comply with the requirements of the policy directives and required procedures outlined in USAID Automated Directive System (ADS) 320.3.2 “Branding and

Marking in USAID Direct Contracts” (Version from February 5, 2020) at https://www.usaid.gov/sites/default/files/documents/320.pdf ; and USAID “Graphic Standards

Manual” available at www.usaid.gov/branding , or any successor branding policy.

(b) Pursuant to ADS 320.3.2 USAID policy requires exclusive branding and marking in USAID direct acquisitions.

(c) “Exclusive Branding” means that the program is positioned as USAID’s, as showcased by the activity name.

(d) “Exclusive Marking” means that contractors may only mark USAID-funded programs, projects, activities, public communications, and commodities with the USAID Standard Graphic

Identity and, when applicable, the host-country government or ministry symbol or another U.S.

Government logo.

(e) Prime and subcontractors’ corporate identities and logos must not be used on USAID funded program materials in accordance with USAID policy.

D.3 BRANDING STRATEGY

https://www.usaid.gov/sites/default/files/documents/320.pdf http://www.usaid.gov/branding

In accordance with ADS 320.3.2.1, the Contractor must prepare a Branding Implementation Plan

(BIP) and Marking Plan (MP) to address the Branding Strategy. This is to ensure that the

Contractor’s Branding Implementation Plan and Marking Plan under this contract are in compliance with the USAID Graphics Standard Manual available at http://www.usaid.gov/branding and any successor branding policy, as detailed in ADS Chapter

320.

USAID policy is to require exclusive branding and marking in USAID direct acquisitions.

“Exclusive Branding” means that the project is positioned as USAID’s, as showcased by the project name (e.g., USAID’s PDP Activity). “Exclusive marking” means contractors may only mark USAID-funded programs, projects, activities, public communications, and commodities with the USAID Standard Graphic Identity and, where applicable, the host-country government or ministry symbol or logo. It is USAID‘s policy that contractors and subcontractors corporate identities or logos may not be used on USAID-funded program and communications materials.

Objective: To deliver the message that the assistance is from the American People.

Activity Name: “Por la Protección de Defensores y Periodistas” or until a final name is agreed to with the Contractor.

Positioning: The Contractor will have the responsibility to position USAID’s name in each activity to be supported to ensure that people recognize and identify that those activities are developed by the generous contribution of the US Government and the American people.

Level of visibility: The Contractor will ensure a high level of USAID visibility in most of their activities, at both the national and sub-national levels. Due to the nature of policy and institutional reforms which usually is developed with high level of political will, in the cases where the themes appear as sensitive, low profile will be used. When a sensitive situation needs to be considered, the Contractor will strictly follow USAID recommendations.

Anticipated elements of marking plan: Deliverables to be marked, include products, equipment and inputs delivered; places where project activities are carried out; external public communications, studies, reports, publications and informative and promotional products; and workshops, conferences, fairs, media related activities and any such events. Publications authored by contractors or other non-USAID employees must include the following disclaimer on the title page:

“The author’s views expressed in this publication do not necessarily reflect the views of the United States Agency for International Development or the United

States Government.”

Threats and restrictions to the security of the project need to be identified and assessed in order to request any necessary exception from the marking requirement in accordance with ADS

320.3.2.

D.4 MARKING

1. Description of public communications and program materials to be produced as part of the activity that will visibly bear the USAID Identity:

Standard USAID Identity:

2. “This project was made possible by the United States Agency for International Development and the generous support of the American People.”

As laid out in F.6.4 below, the Contractor will prepare the Branding Implementation Plan and

Marking Plan as part of an overall communications strategy post award.

[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 https://acquisition.gov/browse/index/far for electronic access to the full text of a FAR clause.

NUMBER TITLE DATE

FEDERAL ACQUISITION REGULATION

(48 CFR Chapter 1)

52.246-3 INSPECTION OF SUPPLIES—COST-REIMBURSEMENT MAY 2001

52.246-5 INSPECTION OF SERVICES—COST-REIMBURSEMENT APR 1984

E.2 INSPECTION AND ACCEPTANCE

a) USAID inspection and acceptance of services, reports, and other required deliverables or outputs will take place at:

USAID/Mexico (U.S. Embassy)

Paseo de la Reforma 305, Cuauhtémoc

Mexico City, Mexico 06500

b) USAID reserves the right to inspect and accept any services, reports, and other required deliverables or outputs where the services are performed and where reports and deliverables or outputs are produced or submitted. The Contracting Officer’s

Representative (COR) listed in Section G has been delegated the authority by the

Contracting Officer (CO), to inspect and accept all services, reports, and required deliverables or outputs.

E.3 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

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

The QASP will be used as a Government monitoring process to enforce the inspection and acceptance clauses of the contract. The QASP may require modification and/or updates after selection for award to reflect the contractor’s known strengths and weaknesses. The QASP is a

“living” monitoring process that should be discussed, reviewed and updated regularly but no less than on an annual basis. It is based on the premise that the contractor, not the Government, is responsible for managing and ensuring that quality controls meet the terms of the contract.

https://acquisition.gov/browse/index/far

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

COR to ensure the QASP monitoring process is implemented and updated. The QASP is incorporated as a component of the Activity.

[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 https://acquisition.gov/browse/index/far for electronic access to the full text of a FAR clause.

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

NUMBER TITLE DATE

52.242-15 STOP-WORK ORDER AUG 1989

52.242-15 STOP-WORK ORDER ALTERNATE I APR 1984

F.2 PERIOD OF PERFORMANCE

(a) The period of performance for this contract is five years from the effective date of the

Contracting Officer’s signature on the cover page.

(b) The Contractor must ensure that the Contracting Officer approved adjustments to the original estimated completion date, if any, do not result in costs incurred that exceed the total estimated cost of the contract. Under no circumstances will such adjustments authorize the Contractor to be paid any sum in excess of the contract price.

F.3 PLACE OF PERFORMANCE

a) The Contractor shall perform the services described in Section C in Mexico.

b) The Contractor may perform certain tasks outside of Mexico (such as in the Contractor’s home offices or elsewhere related to drafting strategy, drafting, or compiling reports, etc.)

as appropriate.

F.4 PERFORMANCE EVALUATION & PERFORMANCE STANDARDS

The evaluation of the Contractor’s overall performance shall be conducted jointly by the

Contracting Officer’s Representative (COR) and the Contracting Officer and shall form the basis of the Contractor’s permanent performance record with regard to this contract.

F.5 KEY PERSONNEL

A. Key Personnel are defined as those personnel directly responsible for management of the contract, or those personnel whose professional and technical skills are certified by the requiring office as being essential for the successful implementation of the contract activity. The Key

Personnel that the Contractor must furnish for the performance of this contract are as follows:

i. Name/Position Title ____[TBD]______________/______[TBD]_________ https://acquisition.gov/browse/index/far

[Up to five Key Personnel to be inserted at time of award]

B. The personnel specified above are considered to be essential to the work being performed hereunder. The Contractor must remain responsible for providing such Key Personnel for full-time performance for the term of this contract unless otherwise agreed to by the Contracting

Officer. Prior to replacing any of the specified individuals, the Contractor must notify both the

Contracting Officer and the COR reasonably in advance and submit written justification

(including proposed substitutions) in sufficient detail to permit evaluation of the impact on the program. No replacement will be made by the Contractor without the written consent of the

Contracting Officer.

C. Unless failure to provide the designated Key Personnel as specified above is beyond the control, and without the fault or negligence, of the Contractor (e.g., non-acceptance or termination of employment by the individual, illness or death of the individual), failure to provide such Key Personnel as specified above may be considered nonperformance by the

Contractor.

D. If the Contractor, at any time, is unable to comply with these requirements, the Contractor shall simultaneously notify, in writing, the Contracting Officer and the COR reasonably in advance of the individual's departure or non-acceptance of employment and shall submit written justification and explanation in sufficient detail (including implications for the CPFF total contract) to permit evaluation of the impact on the program.

E. No replacement of Key Personnel shall be made by the Contractor without the written consent of the Contracting Officer; provided, that the Contracting Officer may ratify in writing such replacement and such ratification shall constitute the consent of the Contracting Officer required by this clause.

F.6 REPORTS AND DELIVERABLES

In addition to the requirements set forth for submission of reports in Sections I, and in accordance with AIDAR clause 752.242-70, Periodic Progress Reports, the Contractor must submit reports, deliverables or outputs as further described below to the COR (referenced in

Section G).

F.6.a General Reporting

The Contractor must submit to the COR one electronic copy of the below described plans and reports. All reports must be submitted in English and, on a case-by-case basis and as requested by the COR, in Spanish. All reports are considered drafts until approved as final by USAID.

Draft reports must be submitted in PDF or Microsoft Word (or similar format approved by the

COR), with the word “DRAFT” as a watermark or header. Approved reports must be submitted in PDF form. USAID will review and accept all documents produced under this award. COR approval of reports will be provided within 15 calendar days. The Contractor will then have 15 calendar days to incorporate the modifications and resubmit the report for COR approval. COR approval of the revised submission will be within 15 calendar days. This applies to the list below as well as any other studies, reports, briefings, or any other document for public distribution (on a case-by-case basis).

The Contractor is explicitly advised that all activities planned and included in the required deliverables listed below must be within the scope and terms of the contract. Furthermore, the

COR’s approval of activities and any corresponding cost estimates included in these deliverables does not supplant the CO’s written approval in cases in which it is required.

The Contractor will promptly notify the Contracting Officer and COR of any problems, delays, or adverse conditions which materially impair the Contractor's ability to meet the requirements of the contract.

NOTE: Any changes to the due dates of the following deliverables must be approved by the

COR, in advance and in writing. The Contractor must comply with the schedule for the submission of each report listed below. For the purpose of this section, all days are to be considered as calendar days

F.6.b Deliverables

No. Deliverable Description Due Date

1 Mobilization Plan The Mobilization Plan will address home office support as well as any and all logistical interventions in Mexico essential to mobilize and begin providing the technical services required by the Contract.

15 calendar days after

Contract award date.

2 Quality

Assurance

Surveillance Plan

The Quality Assurance Surveillance Plan (QASP) will outline a surveillance schedule and clearly describes the surveillance methods to be used. The QASP must include roles and responsibilities for surveillance throughout the duration of the contract. The QASP must align with the PWS and focus on the quality and timeliness of the output to be delivered and not just on the steps required or procedures used to provide the service. The QASP must provide for prevention and ready detection of any challenges, and for timely and positive corrective action.

45 calendar days after

Contract award date.

3 Annual Work

Plans

The scope and format of the annual work plan will be agreed to between the COR and the contractor. The

Contractor will detail the work to be accomplished during the upcoming year and must be submitted by

Expected Results and Activities. An outreach and communications strategy, an environmental monitoring plan, and security plan will be included in the work plan.

The first work plan and budget will cover the period

August 15th of each year

*First Annual

Work Plan is due 60 calendar days after

Contract award date from contract award date through September 30, 2022.

Subsequent annual work plans and their budgets will be submitted for COR approval by August 15 and must cover the period of October 1 – September 30. The budget for the work plan period must be attached and disaggregated by month and monthly activities, so that monitoring of expenditures can be directly related to the monitoring of planned activities.

4 Annual

Performance

Report

The Contractor will provide USAID a concise annual report that will include progress of major activities, problems encountered, and proposed remedial actions.

The Annual Performance Report must contain an executive summary and the following, at a minimum:

● Progress (activities completed, benchmarks achieved, performance standards completed -indicator table using format developed by the contractor and approved by COR will form part of the report) since the last report by program area;

● Problems encountered and whether they were solved or are still outstanding;

● Proposed solutions to new or ongoing problems;

● Success stories (if available);

● Documentation of best practices that can be taken to scale;

● ESR section based on the approved IEE and

EMMP (if required); and

● Quarterly Progress Reports for the quarter covering the annual summary report to be attached as an annex.

30 calendar days of the end of each fiscal year

5 Quarterly

Performance

Reports

The Contractor must submit quarterly performance reports summarizing progress of the major activities in relation to the expected results during the period indicating any problems encountered and proposing remedial actions as appropriate.

Quarterly reports must be submitted within 30 calendar days after the end of the reported quarter. The report covering the quarter ending on September 30 of each year must contain information for the whole fiscal year, in addition to the fourth quarter, and will serve as both a quarterly and annual report.

The specific scope and format of the quarterly reports

30 calendar days after the end of the

Quarter will be determined in consultation with the COR.

However, quarterly reports will be structured to highlight achievements, obstacles faced, and any other significant information for the expected results and activities. They will also contain a summary of the progress made under each of the results, including a detailed description of key activities that took place during the period reported. Additionally, quarterly reports will include an overview of sub-grants, key accomplishments, and any other significant information during the reporting period.

For all training activities financed under this contract and conducted in-country, in the United States, or in a third country, the Contractor must comply with

Automated Directives System (ADS) Chapter 253 and other USAID/Mexico specific policies and procedures

(i.e., Mission Order 253) governing the effective, efficient planning, design, and implementation of such training programs. The Contractor must also enter training information into the TraiNet database on a quarterly basis. Each quarterly report will include a confirmation that this requirement has been met.

Furthermore, the quarterly reports must also include a brief description of security challenges faced during the reporting period and actions taken to mitigate the risk for contract staff, consultants and beneficiaries, as well as steps taken to report incidents in a timely manner to the COR and CO.

6 Quarterly

Financial Reports

The Contractor must submit to the COR quarterly financial reports, which will contain a summary page which shows spending by program component for the quarter, cumulative spending to date, available funding for the remainder of the activity and any variances from planned expenditures. If there are significant accrued expenditures for the quarter being reported upon which for some reason have not yet been billed to the contract, the Contractor must include a brief note to that effect, with the specific amount involved, in order to allow

USAID to accurately track the activity’s expenditure rate.

30 calendar days after the end of the

Quarter

7 Accrual Reports The Contractor must submit in English to the COR and other administrative staff as indicated by USAID, on a quarterly basis an estimated accrual report including the following information: (i) total amount obligated; (ii) total amount invoiced; (iii) total amount expended but

15 calendar days prior to the close of each fiscal year quarter not yet invoiced; (iv) remaining unexpended funds.

8 Monitoring, Evaluation, and

Learning (MEL)

Plan

The MEL Plan will specify indicators, targets, and methodologies that will be used to monitor the progress of contract activities towards achieving key milestones and results related to the contract’s objectives, expected outcomes, impacts, and measures of accountability.

The MEL Plan must also integrate the Collaboration, Learning and Adapting (CLA) approach, per ADS 201 guidance. Per the guidance, a CLA focus helps ensure that programming is coordinated, grounded in evidence, and adjusted as necessary to remain relevant and effective throughout implementation.

Regular MEL Plan reports give USAID a tool for gauging performance and understanding any unforeseen changes in strategy needed to achieve intended results. The Contractor must develop processes to monitor progress and project performance in order to assess the on-going results of contract interventions and determine achievement of objectives and whether interventions should be adjusted. The

MEL Plan will include indicators to objectively measure progress towards achieving each of the results included in the contract, anticipated life of the contract and annual targets for these indicators, and a strategy for monitoring these indicators during implementation.

The MEL Plan will allow for disaggregation of indicators by gender, allowing the Contractor to measure the impact on women. The Contractor will work in coordination with the COR to determine which gender-sensitive indicators will be included into the

MEL Plan. The Contractor is required to use one or more of the nine standard indicators on gender; e.g., GNDR-1: Number of legal instruments drafted, proposed or adopted with USG assistance designed to promote gender equality or non-discrimination against women or girls at the national or sub-national level.

The Contractor must be familiar with the standard indicators that USAID is obligated to use to measure various agency frameworks, such as standard indicators, and the Foreign Assistance Standard

Indicators. The MEL Plan covering the complete contract period must be submitted for approval to the

COR. Any subsequent changes in the MEL Plan will require concurrence from the COR.

90 calendar days after

Contract award date

The Contractor must report on MEL Plan indicators in quarterly and annual reports. The Contractor must also describe its data collection process to ensure that quality data are collected and available to inform management decisions. Data collection efforts may be necessary at the beginning of the activity to verify or establish baseline information for many of the contract’s indicators. Each indicator (except for those for which answer is yes/no) must have a Data Quality

Assessment conducted during the first year of the contract. The key criteria for assessing the quality of indicators data are validity, reliability, timeliness, precision, and integrity. The finalized MEL Plan will include a brief narrative outlining, at a minimum, the following:

• The data collection method (e.g., how often data is collected, who collects the data, who analyzes the data collected, controls in place to safeguard data);

• Precise definition of the indicator, unit of measure, and disaggregation information to include women and men, indigenous, and members of vulnerable populations as applicable;

• Indicator validity (i.e., the relationship between the indicator and the desired output or result that is intended to measure);

• Life of Project targets for each indicator and annual targets for each fiscal year of this contract;

• Learning activities, including research and knowledge captured at project close out;

and

• The procedures for ensuring data quality of sub-contractor reported data (if applicable).

As an annex to the MEL Plan, the Contractor will provide a timeline and brief description of proposed evaluations to be managed by the Contractor. These evaluations are considered internal as they are managed internally by the Contractor. Such evaluations will not replace the occasional need for external evaluations conducted by third-party firms and managed by

USAID/Mexico apart from this contract. The need for an external evaluation will be determined by

USAID/Mexico and the COR will notify the Contractor in the event of such an evaluation. The Contractor’s cooperation with the external evaluation team will be required for these evaluations. This collaboration may include facilitating interviews with counterparts, participants, and beneficiaries and providing all necessary information. For more information on evaluations, please see ADS chapter 201.3.6.2

Principles of Evaluation and the 2016 USAID

Evaluation Policy.

9 Bi-weekly highlights

Bi-weekly highlights submitted by email to the COR, are intended to highlight noteworthy interventions/studies, significant events/workshops/conferences, upcoming key dates, and/or milestones met. As needed, the contractor will provide social media content (ex. Facebook bullets) to the COR to highlight events and any important meetings/activities.

Bi-weekly

10 Mission Events

Calendar, Talking

Points, Speeches, and Scene-Setters

Prior to consultation with the COR, uploading high-profile events (as defined by the Mission) to Mission

Front Office calendars to allow planning for Mission and Embassy representatives and lead time for internal clearances and authorizations.

The Contractor will provide USAID with the appropriate talking points, speeches, and scene-setters, in the event that USAID or other U.S. Government officials participate in meetings or public-event related to the implementation of the contract. Talking points, speeches, and scene-setters will be provided to

USAID with enough advance time to ensure that

USAID or other U.S. government officials have sufficient time to prepare for the meeting or public event.

Weekly

(Mission

Events

Calendar)

Otherwise, as requested.

11 Final Report The Contractor must submit the final performance report outlining major accomplishments vis-à-vis the results and activities outlined in Section C, including the following information:

• A summary of all activities undertaken per expected result

• Accomplishments and lessons learned per expected result

• A comparison of the actual results (at all levels) with the expected result established at the beginning of the project per expected

60 calendar days after

Contract completion date result

• Reasons why expected results were not met, if appropriate

• A summary of performance indicators used and an assessment of their relative usefulness

• Recommendations for future interventions to build on Project success

• Other pertinent information, including the final financial status of the Project

12 Grants Under

Contract Manual

The Contractor must submit a draft Grants Under

Contract manual. The manual must include the steps that the Contractor will take in order to design, solicit, and award subgrants under the Contract. Also, it must state how the Contractor will mitigate any conflict of interest. The manual must also include a template of subgrants and the Mandatory Standard Provisions and the Required as Applicable Standard provisions for the type of subgrants. The Contractor will use ADS 303, 2

CFR 200 and 2 CFR 700 to develop the manual. The

Grants Under Contract Manual will be approved by the

45 calendar days after

Contract Award date

13 Success Stories The Contractor will provide occasional “success stories” for publication by USAID in English and

Spanish. All success stories submitted during a quarter, must also be in the annex to the concerning quarterly report, with a minimum of six per year.

Quarterly

14 Other Reports USAID may ask for special and/or extraordinary reporting as needed, within the scope of the contract.

The substance of this reporting may include specific contract activities, coordination with other USAID

Mexico programs, USG agencies, or coordination with other donors. USAID may also request the attendance of the Contractor’s staff for coordination or monitoring meetings. These requests will be in writing and will specify the due date.

As requested

[END OF SECTION F]

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 TECHNICAL DIRECTION AND DESIGNATION OF RESPONSIBLE USAID

OFFICIALS

The USAID/Mexico Office of Governance, Human Rights and Citizen Security (GRC) shall provide technical oversight to the Contractor through the designated COR. The Contracting

Officer shall issue a letter appointing the COR for the contract and provide a copy of the designation letter to the Contractor.

Contracting Officer Address:

Office of Acquisition and Assistance (OAA)

USAID/Mexico

US Embassy

Paseo de la Reforma 305

Cuauhtemoc, meicoaa@usaid.gov

Contracting Officer’s Representative Address:

Office of Governance, Human Rights and Citizen Security (GRC)

USAID/Mexico

US Embassy

Paseo de la Reforma 305

Cuauhtemoc, G.2 CONTRACTING OFFICER'S AUTHORITY

The Contracting Officer is the only person authorized to make or approve any changes in the requirements of this Contract and notwithstanding any provisions contained elsewhere in this

Contract, the said authority remains solely in the Contracting Officer. In the event the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustment shall be made in the contract terms and conditions, including price.

G.3 ADMINISTRATIVE CONTRACTING OFFICE

All questions concerning the administration of this award shall be sent to the Contracting

Officer. It is the responsibility of the Contractor to inform the Contracting Officer of requests that affect any and all sections of this award. The Contracting Officer is located at:

Office of Acquisition and Assistance (OAA) mexicoaa@usaid.gov mailto:mexicoaa@usaid.gov

G.4 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The designated COR will be determined at the time of award and designated per a separate letter.

All technical questions during implementation of the project shall be addressed to the COR.

G.5 TECHNICAL DIRECTIONS/RELATIONSHIP WITH USAID

(a) Technical Directions is defined to include:

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

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

(3) Review and, where required, provide written approval of technical reports, drawings, specifications, or technical information to be delivered. Technical directions 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. This includes compliance with USAID and host countries ‘environmental regulations.

(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.

(7) Review and approve Scopes of Work for Short-Term Technical Assistance.

(8) LIMITATIONS:…