USAID Iraq contract document: ABT

NOTE: A review of these contracts will show that certain specific information has been omitted or redacted. These are standard types of omissions or redactions and have been made in accordance with Federal law, for instance, in order to safeguard business proprietary information as well as to preserve privacy and security. (Contract begins on next page) RATIN "TRACT IS RATED ORDER PAGES OF PAGE OPAS (15 CFR 350) AWARD/CONTRACT 41 2 CONTRACT NO (Pire t si alert) ¡3 EFFECTIVE DATE TA REQUISITION/PURCHASE REQUEST/PROJECT NO See block 20 B RAN-C-00-b=-1001 00 110299/303 6 ADMINISTERE? 3: S ISSUED BY "rother the trem s CODE CODE Development Procurement Office • N W. ÷ NAME AND ADDRESS OF CONTRACTOR (No, sireel ily counly State and ZiP Code) & DELIVERY (See below) [x) OTHER _ FOB ORIGIN 02138-1168 9. DISCOUNT FOR PROMPT PAYMENT MA Cambridge, CIN: (0)63; 04-339-7520 DUNS: N/A 10 SUBMT INVOICES ITEM 14 copies unless otherwise 12 specilied) TO THE ADDRESS SHOWN IN: 1A018 FACILITY CODE CODE 11 SHIP TO/MARK FOR j 12. PAYMENT WILL BE MADE BY CODE CODE USAID/CAIRO See Section G.5 73 AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION 14 ACCOUNTING AND APPROPRIATION DAT See Section G. _ IOUSC 2304(CX 1 [X] MUSC 2536642, 158 SUPPLIES/SERVICES 15C QUANTITY 15E UNIT PRICE ISA ITEMNO 15F AMOUNT ISD UNIT 0001 ¡ Health System Strengthening 1n Fost- Confiict Iraq Total Estimated Costs Fee. (b) (4) 15G TOTAL AMOUNT OF CONTRACT See Attached Table of Contents 16 TABLE OF CONTENTS (X) ; SEC PAGE(S) DESCRIPTION PAGE(S) DESCRIPTION (X) SEC PART I - THE SCHEDULE PART MI. CONTRACT CLAUSES 1 SOLICITATION CONTRACT FORM 27 * L' I CONTRACT CLAUSES SUPPLIES DR SERVICES AND PRICES/COSTS PART II LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH. 2 DESCRIPTION/SPECS./WDRK STATEMENT LIST OF ATTACHMENTS 42 PACKAGING AND MARKING PART IN - REPRESENTATIONS AND INSTRUCTIONS 11 12 INSPECTION AND ACCEPTANCE I REPRESENTATIONS, CERTIFICATIONS AND K 13 OTHER STATEMENTS OF OFFERORS DELIVERIES OR PERFORMANCE X 17 CONTRACT ADMINISTRATION DATA M INSTRS. CONS, ANO NOTICES TO OFFER: I SPECIAL CONTRACT REQUIREMENTS 21 ¡EVALUATION FACTORS FOR AWARD CONTRACTING OFFICER WILL COMPLETE ITEM 17 OR 18 AS APPLICABLE 17 •x1 CONTRACTOR'S NEGOTIATED AGREEMENT AWARD (Contractor is required 10 sign this 18 Your offer on (Contracior Is not required to sign this document ) M/OP-03-8520 document and return copies to issuing olice Solatation Number - including the Contractor agrees to fumesh and deliver all riems or perform all the senaces set forth or omersse additions or changes made by you which additions or changes are set fort, in ful above, is hereby idenafied above and on any continuation sheets for the consideration stated herein The mr his accepted as to the items listed above and on any connuation sheets This award consummates and obigations of the parles to this contract shall be subject to and governed by the follow ng the contract which consists of the following documents (a) the Govemments sanctation and documents la) this award/contract. (b) the solicitation, it any, and (c) such provisions your offer and (b) this award/contract No further contractual document is necessary representations cerificabans, and specifications, as are attached or incorporated by re'erer se (Attachments are isted herein) herein 19A NAME AND TITLE OF SIGNER (Type or print) 20A NAME OF CONTRACTING OFFICER 20C DATE SIGNED 208. MATED JATES OF AMERICA. andit. 14-30-0388 (Signature of Contracting Officer) 4/30/03 an eason sunseto em REV (4-85) STANDARD FORM 26 TRACT ID CODE OF PAGES PAGE AMENUMENT OF SOLICITATION... DIFICATION OF CONTRACT AMENDMENT MODIFICATION NO. 3 EFFECTIVE DATE 5 PROJECT NO 4. REQUISTION/PURCHASE REQ NO (It appficable) NMS 4324/ORG M/OP 04/30/2003 & ISSUED BY T ADMINISTERED BY (ll other than tem 6) CODE CODE U.§ agency for Interrational Development Office of Procurement N.W. 1300 Pennsylvania Ave. Nasington, D.C. 20523-7100 9A. AMENDMENT OF SOLICITATION NO. 8. NAME AND ADDRESS OF CONTRACTOR (No, street, county, State and ZIP Code) (x) 9B. DATED (SEE MEM 11) Abt Associates 55 Wheeler Street Cambridge, MA 02138-1168 10A. MODIFICATION OF CONTRACT/ORDER NO TIN: RAN-C-00-03-00010-00 39-7520 DUNS: 04-959-9320 10B. DATED (SEE ITEM 13) * 04-30-2003 FACRITY CODE CODE 11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, Jis not extended. Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment of each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR AC KNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. Il by virtue of this ameridment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and dale specified 12 ACCOUNTING AND APPROPRIATION DATA (li required) 13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS, IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14. (X) A THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO IN ITEM 10A. B THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b) * C THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: D. OTMER (Specify type of modification and authority) x is not, E. IMPORTANT: Contractor is required to sign this document and retum.. copies to the issuing office. 14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, lacluding solicitation/contract subject matter vivere feasible) The purpose of this Modification #1 is to make administrative corrections as follows: I. In Block #1 on the SF 26, and throughout the contract and attachments as applicable, change the contract number from "RAN-C-00-03-0001-00" to "RAN-C-00-03-00010-00.* II. In Block #s on the SP 26 and in section G.6., delete the Organization ID "10299" and replace with "10229." Except as pronded here, alterms and condittons of the document referenced in Hem 9A or 10A, as heretofore changed, remains unchanged and in full force and effect 15A NAME AND TITLE OF SIGNER (Type or pant) 16A NAME AND TITLE OF CONTRACTING OFFICER (Type or pant) Mark A. Walther M/OP/DCHA DivisIon Chief 158 CONTRACTOR/OFFEROR 15C DATE SIGNED 16C DATE SIGNED 1O8. LINTED STATES OF AMERIS C BY - (Signature of person authonzed to sign) (Signature of Contracting Officer) STANDARD FORM 30 (REV 10-83) PARTI - THE SCHEDULE SECTIONB - SUPPLIES OR SERVICES AND PRICE/COSTS B.1 PURPOSE The purpose of the USAID Health System Strengthening (HSS) contract is to help protect human health, promote development, and ensure stability in the event of a conflict in Irag by supporting efforts to strengthen the overall health system and ensure the rapid normalization of specific health services. B.2 CONTRACT TYPE This is a Cost-Plus-Fixed-Fee (CPFF) completion contract. For the consideration set forth in B.3, the Contractor will complete the scope of work set forth in Section C in accordance with the terms and conditions of this contract during a 12-month performance period. B.3 ESTIMATED COST, FIXED FEE, AND OBLIGATED AMOUNT a) The estimated cost for the performance of the work required hereunder, exclusive of fixed fee, it any, The fixed fee, if any, is (b) (4) The fixed fee is applied to total estimated costs, less grani (6) (4) ($6 million), less medical equipment and supplies and not to exceed the amount specified herein. The estimated cost plus fixed fee, if any, is $43,818,278. (b) Within the estimated cost plus fixed fee (if any) specified in paragraph (a) above, the amount currently obligated and available for reimbursement of allowable costs incurred by the Contractor (and payment of fee, if any) for performance hereunder is $10,000,000. (c) Funds obligated hereunder are anticipated to be sufficient through Phase I - Planning/ Assessment (approximately two months from the effective date) and partial activities in Phase II-Health Systems Strengthering. B.4 INDIRECT COSTS (DEC 1997) Pending establishment of revised provisional or final indirect cost rates, allowable indirect costs shall be reimbursed on the basis of the following negotiated provisional or predetermined rates and the appropriate bases: Base Type Rate Description 1/ Fnnge Benetits 1/ 2/ 21 •Overhead (Home Office) 31 3/ Overhead (Site Office) 4/ (b) (4) 4/ Handling Charge 5/ 51 G&ZA 1/ Base of Application: (B)(4) (b) (4) Type of Rate (Provisional/Predetermined): (0) (4) Base of Application: (D) (4) Type of Rate (Provisional/Predetermined): 2 of 41 3/ Base of Application: (5) (4) (0) (4) 4/ Base of Application: (b) (4) (b) (4) Type of Rate (Provisional/Predetermined): D)<4> 5/ Base of Application: (b) (4) Type of Rate (Provisional/Predetermined): (1) (4) B.5 CEILING ON INDIRECT COST RATES the Rationing eling or indict costs shall beat the lower of the negotiated final predetermined rates or Aggregate Cap Fringe Benefits Overhead (Home Office) (6)(4) G&A (D)(4) Same base and period applies as specified in B.4. Separate Celing Caps: Rate Description Fringe (Site Office) G&A (6)(4) Handling Charge Same base and period applies as specified in B.4. (2) The Government will not be obligated to pay any additional amount should the final indirect cost rates exceed the negotiated ceiling rates. If the final indirect cost rates are less than the negotiated ceiling rates, the negotiated rates will be reduced to conform with the lower rates. (3) This understanding shall not change any monetary ceiling, obligation, or specific cost allowance or lisallowance. Any changes in classitying or allocating indirect costs requires the pnor witten approval o he Contracting Officer 3 of 41 B.6 COST REIMBURSABLE The U.S. dollar costs allowable shall be limited to reasonable, allocable and necessary costs determined in accordance with FAR 52.216-7, Allowable Cost and Payment, FAR 52.216-8, Fixed Fee, if applicable, and AIDAR 752.7003, Documentation for Payment. B.7 LABOR Compensation of personnel under this contract or any resulting subcontract must be in accordance with AIDAR 752.7007 Personnel Compensation July 1996). See further guidance in AIDAR 722.170 Employment of Third Country Nationals (TCN's) and Cooperating Country Nationals (CCN's). SECTION C - STATEMENT OF WORK HEALTH SYSTEM STRENGTHENING IN A POST-CONFLICT IRAQ The objective of this Contract is to help facilitate rapid, universal health service delivery to the Iraqi population and strengthen the overall health sector to ensure medium to long-term viability. The implementation of this program shall not take place until a permissive environment exists and USAID instructs the contractor to proceed. See special provision in Section H. 15. C1 BACKGROUND Compared to many other developing countries in the Middle East and the rest of the world, Iraq has relatively poor health and demographic indicators. For example, in Iraq the total fertility rate is 5.4 (average for least developed countries is 3.1), the infant mortality rate is 103 (LDC average is 60), and the life expectancy at birth is only 58 years (LDC average is 65) (Population Reference Bureau, 2002). In addition, child malnutrition remains a major concern with almost one-third of all children in the southern and central regions of Irag suffering from chronic malnutrition (UNICEF Emergency Update, October 7, 2002). Low exclusive breastfeeding rates, high prevalence of anemia among women, and a high incidence of low birth weight contributes to Iraq's very high child mortality rate (131 for children under 5 years) which has more than doubled from the previous decade with diarrhea and acute respiratory infections accounting for 70% of child deaths (UNICEF Emergency Update, October 7, 2002). The total expenditure on health as a percentage of GDP was only 3.7% in 2000, suggesting a limited national investment in protecting the health of Iragis (2002 World Health Report). The fact that water-borne infectious diseases are a major killer of children suggests that investments in water and sanitation have also been limited. The current humanitarian (and bealth) crisis in Iraq follows two devastating international wars--the Iran-Iraq war of 1980 and the Persian Gulf War of 1991-- and the adoption of UN sanctions following-the latter. The initiation of the UN Oil-for-Food program in 1995 as a "temporary" measure to provide for the humanitarian needs of the Iragi people (UNSC Resolution 986) has only partly mitigated the very grave humanitarian crisis In the country. The severe deterioration of Iraq's infrastructure and basic public services (including health, water/ sanitation, and electricity) has only added to the suffering of a rapidly increasing Iragi population. Against this backdrop, the livelihood and coping capacity of the Iraq population have been severely strained. The current international political focus on the Middle East and the possibility of conflict have highlighted existing gaps in basic services and infrastructure in Iraq, as well as the vulnerability of populations to further deterioration of health status if there is a disruption of basic services. The Iraqi health system continues to 4 of 41 deteriorate and standards of care in hospitals and health centers are poor. Iraqi hospitals have not received the necessary repairs or maintenance since the imposition of U.N. sanctions and equipment and basic items are no longer being replaced. At the same time, primary health centers have been unable to function properly because of the shortage of equipment and materials. It is assumed that any conflict involving Iraq could have a far-reaching impact on the general population, including civilian casualties, isolation of communities in both urban and rural areas, massive internal displacement and external refugee flows, damage to infrastructure (including facilities for water/sanitation, power, health), and disruptions in related basic services. In the event of contlict or a humanitarian emergency, priority concerns must include protection of civilians and addressing humanitarian needs. Provision of essential health services, medicines and other supplies, and clean water through a variety of partners addressing immediate humanitarian needs will be of critical importance since vulnerable populations will be at increased risk for disease and infection. In addition, there will be an urgent need for parallel efforts to expand, strengthen, and reform the overall health system to improve its efficiency and ability to deliver vital services in the medium to long-term. Overall work to strengthen the health system will also require repair of existing facilities and/ or construction of new ones (please see note pertaining to construction in Section C2 below) as needed to make sure that people have continued access to essential health services. In addition, complimentary investments in health-related areas such as water supply/treatment, sanitation, control of insect vectors, tood safety, and air quality will be needed. In the event of a conflict and or humanitanan emergency in Iraq, these activities will be critical because of the limited government investment in health/ other sectors and the on-going humanitarian emergency. C2 PURPOSE The purpose of the USAID Health System Strengthening (HSS) contract is to help protect human health, promote development, and ensure stablity in the event of a contict in Irag by supporting efforts to strengthen the overall health system and ensure the rapid normalization of spectic health services. To accomplish this, the HISS contractor (in concert with other USAID awardees) will support and strengthen the Iraqi Ministry of Health (MOH) through the provision of technical, logistical, commodity, and managerial support. The HSS Contractor will also provide assistance to the USAID mission related to coordinating anc reporting on health activities being carried out by USAID awardees. In addressing the overall goal of meeting the basic health care needs of all Iragis, the Contractor shall work with the USAID mission to identify priority geographical areas and services that are not being covered by public international organizations, NGOs, and other assistance providers and undertake the necessary support, described below, to help achieve the intended results. In addition, the Contractor should ensure gender considerations are integrated into all programming Note: Other assistance for addressing many basic health (and related) services will be provided by other USG support which includes the following: 1) "Infrastructure Reconstruction" contract that will fund rapid assessments of infrastructure conditions and rehabilitation and reconstruction of health facilities; 2) "Salary Support" contract that will provide compensation to individuals who have been serving as public servants under the Iragi MOH; and 3) "Logistics Support" contract that will handle all logistics support for the mission. The Logistics Support contractor also provides three specific services for all contractors as follows: a. Warehouse and inventory support services including the requirement to "receive, store, and issue materials and supplies and maintain a daily, monthly and quarterly inventory management and control system for receipt, storage and issue in all the storage areas, maintaining documentation for all incoming cargo and outgoing shipments to the Missions and other designated places of performance resulting in a zero balance tolerance." b. Arrange and implement customs clearances procedures for storage and re-export. 5 of 41 c. Provide freight forwarding services for commodities as they are requisitioned by arranging for long and short-haul trucking as needed including arrangements for straight trucks or semi-trailers, as appropriate, air and sea port freight services; and outgoing customs documentation. Contractor determines the border crossing requirements to deliver commodities to the Iraq border. Logistics contractor arranges and implements an internet tracking control system for all shipments to ensure that commodities are not lost, misplaced or destroyed, and are able to be cleared expeditiously from customs in the receiving country. The Logistics Support contractor is NOT providing support for shipping from the U.S. to the overseas port of entry. USAID is requiring that all Iraq contractors with a need for these three specific services coordinate through the Logistics Support contractor for them. USAID is funding these three logistics requirements directly through the "Logistics Support" Contract for Mission and contractor/ recipient (including subcontractors and sub-grantees) needs. The Health contractor will need to coordinate with the Logistics support contractor for all needs specified above and will not need to make payment to the "Logistics Support" Contractor for these needs. However, in the case that the "Logistics Support" Contractor cannot provide this needed support, the Health contractor may use another vendor. Further, the Health contractor may subcontract directly with the "Logistics Support" contractor or another eligible contractor for any support services not covered by (funded under) the "Logistics Support" contract. C3 STATEMENT OF WORK The activities to be carried out under this contract will contribute to the reestablishment and strengthening of the national and provincial public health system in a post-conflict Iraq and its management by the MOH (specific results for which the Contractor is responsible are provided at the end of section C5). Several organizations--such as the International Committee for the Red Cross (ICRC), the International Federation for the Red Cross and Red Crescent (IFRC), the Iragi Red Crescent Society (IRCS), the World Health Organization (WHO), and UNICEF-have been supporting the health system (and in some cases the vater/ sanitation system) and MOH in the past and are expected to re-new their eftorts as soon as possibl following the conflict. The activities carried out by the Contractor will complement the efforts of these othe organizations to achieve the overall post-conflict health objectives (see below). To the degree possible, the Contractor's activities will be based on the needs of both the Iraqi people and MOH and will support and build upon the existing public health system rather than re-inventing, replacing, or duplicating existing mechanisms that are technically sound. Trained MOH health staff will be encouraged and supported in their efforts to continue operating the health system, although some additional training may be required. In addition, trained Iragi health staff living outside the country will be recruited. Where possible, the Contractor is encouraged to work closely with other USAID awardees providing assistance on water/ sanitation and draw upon experience trom other USAID-funded projects in the region that have improved health services and worked with the MOH to strengthen the overall health system Specific components of the HSS program include: • MOH assistance: provision of health services, education, information, and technical assistance; • Technical support to the USAID mission, USAID Disaster Assistance Response Team (DART), and health team in-country, • Rapid response grants to address specific health needs in-country. C.3.1 MOH assistance: provision of health services, education, information, and technical assistance • International organizations such as ICRC, WHO, and UNICEF have established relationships with the MOH to support specific facilities and components of the public health system in Iraq and also have 6 of 41 Iraqis included as part of their staff. As a result, these organizations are in an ideal position to continue supporting the MOH by providing many essential health services and emergency health care in a post- conflict Iraq. This component of the Contract is intended to complement these on-going activities and strengthen the capacity of the MOH to effectively manage the public bealth system. The Contractor will assist the MOH by providing the following: • Health infonnation to consumers and providing/ supporting advanced medical, surgical, and allied health disciplines and management consultations in referral hospitals. • Other essential health services as needed such as emergency health care in populations/ geographic areas specitied by the USAll mission depending on the health situation (e.g. number of people wounded, degree of interruption of health services, number of health facilities damaged). This work may involve health posts, clinics, and hospitals in urban and rural areas. Efforts would follow closely behind military action, implementing in areas as the situation becomes permissive. The Contractor shall be prepared to implement in a number of geographic areas simultaneously, focusing on MOH priority populations/ locations not already covered by ICRC/IFRC/IRCS, UNICEF, WHO, or other health partners, including NGOs. The Contractor should be prepared to collaborate on water and sanitation projects with other USAID partners, international organizations, and NGOs. • Support related to reforming, expanding, and strengthening the public health system, including the improvement of disease surveillance/ response and laboratories, and the provision of technical experts to the MOH, as appropriate. • Assistance with rapid health and demographic surveys and robust assessments of the health system including the Flealth Information System (HIS), sustainability of the public health system including plans for long term operations, maintenance, and financing, and salaries of Iragi health providers and appropriate payroll lists for public health staff. (The contractor will be responsible for submitting an approved Iragi citizen payroll list to the CTO. The payment of Iraqi public health providers will be made through a separate arrangement). Needs assessments for specified health facilities, populations, and geographic areas may be conducted if required. • Assistance in developing a strategy and implementing a program for recruiting trained Iraqi health care staff who have been living in other countries prior to the conflict. • Sub-granting (as specified in C.3.3 below) to other organizations, including NGOs, in order to provide specified assistance to the MOH. The Contractor should be prepared to collaborate on water and sanitation projects with other USAID partners, international organizations, and NGOs. Not all essential health-related commodities, equipment, and materials (including spare parts and consumables for equipment such as X-ray film) will be available in Iraq and some will need to be imported from neighboring countries to safeguard the health of vulnerable Iraqi populations. Based on the needs of the MOH, the Contractor shall work with the USAID-supported Logistics contractor to determine the most cost-effective mechanism to establish and maintain supply depots and deliver health commodities/ materials/ equipment (see section C6a: Procurement, Delivery, and Installation Requirements). C.3.2 Technical support to the USAID mission, USAID Disaster Assistance and Response Team (DART), and health team in-country. The Contractor shall provide support to the USAID mission, including assessments, program monitoring and evaluation, reporting on progress of its activities and those of other USAID health grantees (i.e. ICRC/IFRC/IRCS, UNICEF, and WHO) and health sector coordination related to USAID-funded health programs in Iraq. The Contractor shall be expected to maintain close coordination with the USAID mission, USAID/DCHA/OFDA, the DART, DOD staff, other USAID awardees in the health and related sectors 7 of 41 (e.g. water/ sanitation), national and international NGOs, and bilateral/multilateral donors in-country. In addition, the Contractor is expected to maintain good relations with local citizens, and involve and solicit input from local, governorate, and national government officials and institutions including the MOH. The Contractor is advised that many key local contacts will occur in Arabic and that the Contractor must be prepared to demonstrate stalf capability to work in an Arabic language environment and tamlarty with Arab culture and sensitivities. Once permissive areas are established, the Contractor shall be responsible for obtaining initial data on health coverage and status of health facilities from the MOH, DART, DOD, and other partners such as ICRC/IFRC/IRCS, UNICEF, and WHO. This information will be used by the USAID mission to focus efforts on facilities/ populations/ geographic areas most in need. After that, the Contractor will routinely obtain data on health coverage and status of health facilities from the MOH, ICRC, IFRC, IRCS, UNICEE, WHO, and any sub-contractors/ sub-awardees of the HSS contract in order to monitor progress toward the overall USAID health objectives for post-conflict Iraq. C.3.3 Rapid response grants to address specific health needs in-country To respond to unforeseen emergency circumstances and ensure that priorities related to the health system are being adequately addressed, the Contractor may need to make rapid response grants in-country. Grants to U.S. NGOs are limited to $100,000 each while grants to non-U.S. NGOs may be up to $250,000 per grant. These grants will contribute to completing the activities described in sections C3.1 and C.3.2 above. Priorities may include delivering health services, providing interim health services and/or temporary health facilities while repair/construction/ re-equipping of priority buildings is taking place, and improving water and sanitation services in locations where poor hygiene is a major contributing factor to the transmission of diarrheal diseases. The Contractor will be responsible for negotiating, awarding, and monitoring the grants in accordance with USAID assistance policies. In accordance with USAID ADS 302.5.6, the USAID mission shall be involved in establishing selection criteria for the grants and approving the actual grant recipients. USAID prefers to the extent practicable that the Simplified Grant and Fixed Obligation Grant Formats described in ADS 303.5.15 are used when the conditions set forth in 303.5.15(a) through (i) apply. The Simplified Grant and Fixed Obligation Grant Formats may be used for U.S. recipients for grants not in excess of $100,000 and for non-U.S. recipients for grants not in excess of $250,000. The threshold for U.S. recipients is limited by the requirement to obtain OMB's approval of a class deviation applicable to grants in excess of this amount. C4 SPECIFIC TASKS Tasks which the Contractor will undertake are listed below. 1. Initial Planning and Pre-positioning. The Contractor shall initiate planning and selection of key staff and shall identify medical groups, equipment, supplies, materials, technical experts and other relevant items/services (e.g, transport, labor, storage) available in-country, in the region, or from other sources (subject to the source and origin restrictions provided in section E under Procurement, Delivery, and Installation Requirements). Non-Iraqi sources for all items/ services must be identified given (1) the uncertainty of conditions that will exist after the conflict and (2) the current ban on procuring goods and services in Iraq. The Contractor shall also identity potential issues or challenges to obtaining these, eg procurement, delivery, payment, sub-contracting, limited quantities. Based on discussions with WHO, the DART, the USAID mission, and the USAID Logistics Contractor, the HSS Contractor may need to pre-position some key equipment, supplies, and medicmes. To the extent possible, the Contractor shall also obtain preliminary information from the MOH (or other partners such as WHO) on the structure, capacity, and needs of the public health system and initiate 8 of 41 discussions related to coordination with national and international health partners. The Contractor will also coordinate with the USAID mission, the DART, DOD, the MOH, and international health partners such as ICRC, UNICEF, and WHO to standardize the assessment tools that the Contractor will use in Iraq. 2. Assessments of the Health System and Needs. Once permissive areas are established in-country, the Contractor will establish a core technical team and develop working relationships with key health partners in-country, including the MOH, USAID grantees/ contractors (eg. ICRC, IRCS, UNICEF, WHO, the Logistics Contractor, and the Infrastructure Reconstruction Contractor), sub-contractors/sub-grantees, the USAID mission and DART, DOD, and other key U.S. officials. Where possible, the HSS Contractor will conduct initial, rapid health assessments on behalf of USAID and the MOH within a week of entering permissive areas of Iraq. The tocus of the assessments will be shaped by initial information provided by the MOF, DART, DOD, and other health partners and will likely include determining the condition of specific health facilities and status of health service delivery. The Contractor's assessments will be used to initiate any needed costing and sourcing of sub- contractors/ sub-grantees, equipment, supplies, medicines, and any other services, such as transport, labor, and storage. If determined to be the most cost-effective mechanism, the Contractor will purchase and position equipment, supplies and medicines. In addition, the Contractor will use the assessment data to prepare a work plan for the first quarter of programming, to be submitted within one month of the contract start date, that details steps, a timetable, and responsible parties for accomplishing tasks within the plan. The first quarter workplan should include estimated monthly fuel requirements for up to one year of program implementation. The Contractor- in consultation with the MOH and USAID health grantees-- will also conduct an assessment of the overall health system to include the health information system, laboratories, staff and institutional capacity, and salaries of workers in the health sector. The Contractor will also assist the MOH in planning rapid demographic and health surveys and develop and implement a program to recruit trained health care providers who were living in other countries prior to the conflict. The timing (i.e. simultaneous or sequential) and amount of information to be collected during the initial facility/service and health system assessments will be determined once any post-conflict circumstances are known. The HISS Contractor shall provide recommendations to the USAID mission in their initial assessments as to what facilities should receive priority rehabilitation or construction. The assessments may be shared with the Infrastructure Reconstruction Contractor. By end of the first month of the Award, it is expected that the Contractor shall have completed initial assessments to include: (1) health staff payroll; (2) the capacity and needs of the MOH to deliver key health services (at referral hospitals and any other priority health facilities identified by USAID), gather and use health information (through laboratories, the HIS, and other systems) particularly that related to disease outbreaks, and provide health information/ education. USAID assumes that, in order to achieve many of the objectives required in this scope, the Contractor will work closely with counterparts that represented ministries or agencies of the former regime (i.e. MOH). The HSS Contractor's assessment of health statt salanes and payroll requrements will be shared with the ClO for use by another mechanism. In addition, the HSS Contractor shall be ready to provide equipment, supplies, medicines, training, and/ or services as needed to the specified referral hospitals or other priorities facilities identified bythe DART and USAID mission. By end of the second month, the Contractor shall have completed more comprehensive assessments of the overall health system and facilities identified by USAID and be providing equipment, supplies, medicines and/or services to the MOH and/ or other health partners as needed 3. Health System Strengthening. Based on its (and other) assessments, the Contractor shall provide training, equipment, medicines, and health information/ education as prioritized by the mission to improve public 9 of 41 health services in specified health facilities and or populations/ geographic areas and shall provide technical assistance to the MOH (see section C3.1 for details) to strengthen the overall public health system In cooperation with other USAID awardees, the Contractor will provide technical capacity- building to the MOH so that after one year it will be able to manage all aspects of the country's health system, including planning, staff, payroll, service delivery, and administration of facilities. At the end of the Contract, the Contractor shall review all of its work and report to the USAID mission on program accomplishments relative to the USAID health objectives in Iraq. C5 RESULTS In support of the MOH, the Contractor will be responsible for the following results: • assessment of health care provider payroll completed (within one month of entry into permissive areas) • assessment of health system capacity completed (within eight weeks of entry into permissive areas); • program to recruit trained Iragi health staff living outside of the country operational (within six months of commencement of program implementation); • advanced medical and surgical care available for most critical cases in 1 referral hospital in each of 21 cities (within six months of commencement of program implementation); • health facilities assisted by the Contractor will be fully operational in terms of supplies, equipment and training (within six months of commencement of program unplementation). The exact number and location of these facilities will be determined based on assessments and prioritization by the MOH, WHO, and the USAID mission. • provide technical assistance as required by approved assessments and work plans during the entire 12-month period of the contract. • quality and completion of work by all its sub-contractors/sub-grantees, ensure adequate progress is made, and monitor financial payments to assure accountability during the entire 12-month period of the contract. *Inducators to achere the abore results are prouded in AttachmentS. Further detouls may be referenced in the contractor's teomical proposal, Chapter One (Plan) dated 3/17/03. The indicators will be coordinated with the CTC The Contractor, in concert with other partners supported by USAID (i.e. ICRC/IFRC/IRCS, UNICEF, and WHO), will also contribute to the following results: • the Health Information Systems (HIS) platform functioning (within 30 days of entry into permissive areas); • basic health care available to 25% of the population in permissive areas (within eight weeks of entry into permissive areas), 12.5 million persons (after 6 months of program implementation), and 25 million persons (after 1 year of program implementation); maternal and child health care available to 50% of the population in permissive areas (within eight weeks of entry into permissive areas and a population of 25 million persons (after 6 months of health information and education extended to 100% of the population in permissive areas (within eight weeks of entry into permissive areas) and 25 million persons (after 6 months of program implementation); the MOH able to manage all aspects of the country's health system, including planning, staff, payroll, service delivery, and administration of facilities (within 12 months of program implementation). 10 of 41 C.6 OPERATIONAL GUIDELINES a. Procurement, Delivery, and Installation Requirements All equipment, supplies, medicines, and other relevant items for making health facilities operational must be f high-quality and consistent with international standards and MOH and local needs. Specific details will b iscussed with the Contractor once initial assessments have been completed and priorities identified by th MOH, DART, and USAID mission. See Section FL6. for authorized geographic code information. The Contractor will be responsible for providing communications equipment compatible with USG/ USAID frequencies, vehicles for staff equipped with GPS transmitters, and full support for in-country staff. The HISS contractor shall work with the USAID-supported Logistics contractor to determine the most cost- effective mechanism to establish and maintain supply depots and deliver health commodities/ materials/ equipment. The Contractors will inform the CTO of the recommended mechanism, who will determine whether the HSS Contractor or the Logistics contractor shall purchase, store, and deliver the required health supplies. If the HSS Contractor is considered the most appropriate provider, the HISS contractor shall be responsible for purchase, delivery, and installation (or oversight of installation if applicable) of any needed medicines, equipment, and matenals purchased for delivering health services (e.g. refrigerators, microscopes, computers, furniture, etc.) in the facilities specified by USAID. The Contractor will also be responsible for any needed follow-up maintenance, including spare parts, and training on use of equipment. If required, the Contractor will issue to sub-contractors/ sub-grantees the commodities/ materials/ equipment required to complete their projects and the value of these will be deducted from their approved budgets. The Contractor is responsible for determining if certain health and safety precautions (e.g. immunizations, biological and chemical protection gear, malana prophylaxis) are necessary for key staff to be located in Iraq. If so, the Contractor will also be responsible for procuring and delivering these items to key staft prior to their deployment to the region b. Reporting Requirements The Contractor will be responsible for providing all the reports specified in Section F of the contract. c. Security See the special security provision in Section H.16. SECTIOND - 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 requred for raw matenals shipped in bulk (such as coal, grain, etc.), or for semi finished products which are not packaged. -.= 11 of 41 (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 REPORTS Reports should be in accordance with AIDAR 752.242-70 and as indicated in Section F. SECTIONE - INSPECTION AND ACCEPTANCE E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE DATE TITLE NUMBER INSPECTION OF SUPPLIES--COST REIMBURSEMENT MAY 2001 52.246-3 INSPECTION OF SERVICES--COST REIMBURSEMENT APR 1984 52.246-5 E.2 INSPECTION AND AOCEPTANCE USAID inspection and acceptance of services, reports and other required deliverables or outputs shall take place in Iraq, at the Contractor's facilities or project sites or at any other location where the services are pastored are reports ani el enables or ces are rode, po suamite it cio ested in secion e E.3 MONITORING AND EVALUATION PLAN Evaluation of the Contractor's overall performance in accordance with performance standards/ *indicators established under this contract shall be conducted jointly by the CTO and the Contracting Officer, and shall form the basis of the Contractor's permanent performance record with regard to this contract. The CIO and Contracting Officer will undertake an evaluation at the conclusion of the contract. * Indicators are prouded in Attachment 5. Further details may be referenced in the contractor's technical proposal, Chapter One (Plan) dated 3/17/03. The indicators reall be coordinated rith the CIO. 12 of 41 SECTION F - DELIVERIES OR PERFORMANCE F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE TITLE NUMBER DATE STOP- WORK ORDER AUG 1989 52.242-15 ALTERNATE I (APR 1984) F.O.B. DESTINATION NOV 1991 52.247-34 F.O.B. DESTINATION -EVIDENCE OF SHIPMENT 52.247-48 FEB 1999 F.2 PERIOD OF PERFORMANCE The period of performance for this contract is 12 months upon contract award. F.3 PLACES OF PERFORMANCE Performance of this contract will take place at the Contractor's and any subcontractor's tacities, and in thos countries specified in the Section C. The contractor must note the Cognizant Technical Officer, ir ccordance with Section I of this contract and the clauses of this contract entitled "International Trav pproval and Notification Requirements" (AIDAR 752.7032) and "Personnel" (AIDAR 752.7027), approv international travel for performance of the work F.4 PERFORMANCE STANDARDS Evaluation of the Contractor's overall performance will be conducted jointly by the CTO and the Contracting Officer, and shall form the basis of the Contractor's permanent performance record with regard to this contract. Standards of the health systems rehabilitation projects will be consistent with international standards and local requirements. All projects will take into consideration gender issues and accessibility for disabled persons. Additional or different standards that the CTO determines are necessary will be communicated in writing to the Contractor. The Contractor will ensure that its subcontracts require the applicable standards as well any directed by the CTO, and that work is completed in compliance with those standards. Performance Monitoring Within 30 days from the signing of the award, the contractor shall submit for USAID approval a Performance Monitoring Plan. The plan will necessitate the conduct of a baseline study to develop the required baseline data for the measurement of progress throughout the contract. The plan will include methodology on how data will be collected, interim and final targets, and a timeline for collecting data. Data should be collected for all indicators developed by the contractor. The Performance Monitoring Plan shall 13 of 41 provide for periodic evaluation by the contractor of the impact of the various contract components and operate as a "contract feedback loop", ", i.e. impact evaluation/ feedback/fine-tuning of component implementation/ new activity cycle. The contractor will submit a semi-annual Performance Monitoring Report that details benchmarks toward achievement of performance indicators and results, the data collected and the method of collection. The first Performance Monitoring Report will be submitted no later than 30 days following the end of the FY 2003 U.S. Government fiscal year, with reports submitted semi-annually thereafter. A specific format for the performance report will be proposed by the contractor to USAID for approval 60 days following contract start-up. F.5 REPORTS AND DELIVERABLES OR OUTPUTS In addition to providing the services described in Section Cand requirements as set forth in AIDAR 752.242-70 (TUL 1998), Periodic Progress Reports, the Contractor shall submit the tollowing deliverables or outputs to the CTO specitied in Section G. All reports and deliverables shall be in the English language, unless otherwise specified by the CIO. 1. Initial Report: A brief report utlizing pnor reporting trom relief and miltary counterparts (eg DART, DOD, ICRG, UNICEF, and WHO) is due within 4 weeks after contract initiation and should include: • status of specific parts of the health system (se. MOf salanes, health service delivery, health facilities, HIS and disease reporting/ response, and health information/ education); • plans for procurement and logistics to include available sources for equipment, furniture, supplies, and medicines for health facilities • plans for transport and labor for their delivery, installation, and training related to use (coordinated with USAID Logistics Contractor as needed). Note: the Contractor shall be prepared to deploy to the region within two weeks of contract award. 2. Weekly Consultations: A continuing requirement of this Contract will be close collaboration, reporting to, and engagement with the appropriate officers of the USAID mission. Consultations will occur on a weekly basis at a minimum to discuss the internal specifics and external contexts of the on-going work. It is anticipated that these informal, but regular consultations will support the Monthly Reports and help shape the Quarterly Work Plans. 3. Assessment Reports: A complete report on the assessment of the overall health system capacity and actual equipment/furniture/ supply/ medicine needs for prority facilities identitied bythe USAl mission is due within the first 2 months. The report should include a brief operational plan that details steps, timetable and responsible parties for specified work. 4. Quarterly Work Plans: Quarterly Work Plans that identify the priority implementation objectives for the coming three months shall be submitted within seven working days before the start of the new : quarter. The USAID mission will respond to work plans within five working days: The Contractor shall calculate estimated monthly fuel requirements for program implementation for up to one year and submit with the first quarterly work plan. 5. Monthly Reports: The Contractor shall provide monthly status reports showing progress on providing assistance to the MOry USAID mission, and DART. These are intended to be concise reports that summanze progress on achieving the objectives and intended results listed in section O above and identify implementation issues that may inhibit or enhance Contractor performance. The reports should be submitted to the USAID mission within five (5) business days of the end of each 14 of 41 The monthly reports must also include the Contractor's accrued monthly expenditures. The CIO is responsible for transmitting this information to the USAID financial management office responsible for the contract. Final Report: The Contractor shall prepare a final report of work completed, objectives met, problems/ delays that attected the ability to attain the stated objectives, corrective actions taken, and lessons of relevance for similar activities in the future. 7. Contract Quarterly Financial Report: The contractor shall submit a quarterly financial report to the CTO and the cognizant Contracting Officer. The quarterly financial report shall include information in the format and level of detail designated by the CTO. F.6 KEY PERSONNEL A. The key personnel which the Contractor shall furnish for the performance of this contract are as follows: Name Title Chief of Party (b) (4) (B) (6) B. The personnel specified above are considered to be essential to the work being performed hereunder nor to replacing any of the specitied individuals, the Contractor shall immediately notify both th Contracting Officer and USAID Cognizant Technical Officer reasonably in advance and shall submit writte: justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the practing replacement of personnel shall be made by the Contractor without the wilten consent of the F.7 SUBMISSION OF DEVELOPMENT EXPERIENCE DOCUMENTATION TO PPC/CDIE/DI USAID contractors must submit one electronic and/or one hard copy of development experience documentation (electronic copies are preferred) to the Development Experience Clearinghouse at the following address. Development Experience Clearinghouse 1611 N. Kent Street, Suite 200 Arlington, VA 22209-2111 Telephone Number 703-351-4006, ext. 100 Fax Number 703-351-4039 E-mail: docsubmit@dec.cdie.org http://www.dec.org 15 of 41 F.8 752.7005 SUBMISSION REQUIREMENTS FOR DEVELOPMENT EXPERIENCE DOCUMENTS (OCT 1997) The following clause shall be included in all USAID professional/ technical contracts in which development experience documents are likely to be produced. (a) Contract Reports and Information/ Intellectual Products. (1) The Contractor shall submit to the Development Experience Information Division of the Center for Development Information and Evaluation (PPC/CDIE/DI) in the Bureau for Policy and rogram Coordination, copies of reports and information products which describ ommunicate or organize program/ project development assistance activities, methods echnologies, management, research, results and experience as outlined in the Agency's ADS Chapter 540, section E540.5.2b(3). Information may be obtained from the Cognizant Technica Officer (CTO). (2) These reports include: assessments, evaluations, studies, development experience documents, technical reports and annual reports. The Contractor shall also submit to PPC/CDIE/DI copies of information products including training materials, publications, databases, computer software programs, videos and other intellectual deliverable materials required under the Contrac Schedule. Time-sensitive materials such as newsletters, brochures, bulletins or periodic report covenng periods of less than a year are not to be submitted. (3) Upon contract completion, the contractor shall submit to PPC/CDIE/DI an index of all reports and information/ intellectual products referenced in paragraph (a) (1) of this clause. (b) Submission requirements. (1) Distribution. - The contractor shall submit contract reports and information/ intellectual products (referenced in paragraph (a)(1) of this clause) in electronic format and hard copy (one copy) to U.S. Agency for International Development PPC/CDIE/DI, Aun: ACQUISITIONS, Washington D.C. 20523 at the same time submission is made to the CTO - The contractor shall submit the reports index referenced in paragraph (a)(2) of this clause and any reports referenced in paragraph (a)(1) of this clause that have not been previously submitted to PPC/CDIE/DI, within 30 days after completion of the contract to the address cited in paragraph (b)(1)(i) of this clause. (2) - Format. Descriptive information is required for all Contractor products submitted. The title page of all reports and information products shall include the contract numbers), contractor names), name of the USAID cognizant technical office, the publication or issuance date of the document, document title, author name(s), and strategic objective or activity title and associated number. In addition, ali materials submitted in accordance with this clause shall have attached on a separate cover sheet the name, organization, address, telephone number, fax number, and Internet (b) The hard copy report shall be prepared using non-glossy paper (preferably recycled and white or --= 16 of 41 off-white) using black ink. Elaborate art work, multicolor printing and expensive bindings are not to be used. Whenever possible, pages shall be printed on both sides. (c) The electronic document submitted shall consist of only one electronic file which comprises the complete and final equivalent of the hard copy submitted (d) Acceptable software formats for electronic documents include WordPerfect, Microsoft Word, ASCII, and Portable Document Format (PDF). Submission in Portable Document Format is encouraged. (e) The electronic document submission shall include the following descriptive information: --Name and version of the application software used to create the file; e.g., WordPerfect Version 6.1 or ASCIl or PDF - The format for any graphic and/ or image file submitted, e.g., TIFF-compatible. - Any other necessary information, e.g. special backup or data compression routines, software used for storing/ retrieving submitted data, or program installation instructions. SECTION G - CONTRACT ADMINISTRATION DATA G.1 AIDAR 752.7003 DOCUMENTATION FOR PAYMENT (NOV 1998) (Revision) (a) Claims for reimbursement or payment under this contract must be submitted to the Paying Office indicated in the schedule of this contract. The cognizant technical officer (CTO) is the authorized epresentative of the Government to approve vouchers under this contract. The Contractor must submi either paper or fax versions of the SF- 1034-Public Voucher for Purchases and Services Other Than Persona to the payment office, with a copy to the CTO. 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 Description Amt vouchered Amt vouchered Item No. to date this period --- 001 Product/Service Desc. $ xXXX.XX XXXXXX XXXXXX Total --- 17 of 41 (2) The fiscal report shall include the following certification signed by an authorized representative of the Contractor: The undersigned hereby certifies to the best of my knowledge and belief that the fiscal report and any attachments have been prepared from the books and records of the Contractor in accordance with the terms of this contract and are correct: the sum claimed under this contract is proper and due, and all the costs of contract performance (except as herewith reported in writing) have been USAID, or to the extent allowed under the applicable payment clause, will be USAID 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 USUSAID will be made promptly upon request in the event of disallowance of costs not reimbursable under the terms of this contract. BY: TITLE: DATE: (b) Local currency payment. The Contractor is fully responsible for the proper expenditure and control of local currency, if any, provided under this contract. Local currency will be provided to the Contractor in accordance with written instructions provided by the Mission Director. The written instructions will also include accounting, vouchering, and reporting procedures. A copy of the instructions shall be provided to the Contractor's Chief of Party and to the Contracting Officer. The costs of bonding personnel responsible for local currency are reimbursable under this contract. (c) Upon compliance by the Contractor with all the provisions of this contract, acceptance by the Government of the work and tial report, and a saustactory accounting bythe Contractor of all Government-owned property for which the Contractor had custodial responsibility, the Government shall promptly pay to the Contractor any moneys (dollars or local currency) due under the completion voucher. The Government will make suitable reduction for any disallowance or indebtedness by the Contractor by applying the proceeds of the voucher first to such deductions and next to any unliquidated balance of advance remaining under this contract. (d) The Contractor agrees that all approvals of the Mission Director and the Contracting Officer which are requred 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 G.2 ADMINISTRATIVE CONTRACTING OFFICE The Administrative Contracting Office is: USAID Mark Walther Office of Procurement 1300 Pennsylvania Ave., NW Washington, DC 20523-7100 --. 18 of 41 G.3 COGNIZANT TECHNICAL OFFICER (CTO) The Cognizant Technical Officer at USAID is: Mr. Christopher Milligan 1300 Pennsylvania Ave., NW Washington, DC 20523-7100 (202) 712-0000 Email: cmilligan@usaid.gov G.4 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; of the work as detailed in Section C (b) The CTO 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. Contor to concause delic perios: pel, in eciops netsary in overtien with a) above and require the Contractor and i amens so die and cogn it che carator. Wite copy unishins tich 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 CTO 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 19 of 41 Government. The CTO 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, schedules shall be made only by the Contracting Officer. Officer concerning performance of items delivered under this contract and any other administration or should be brought to the immediate attention of the Contracting Officer. (d) In the absence of the designated CIO, the C1O may designate someone to serve as CTO in their place. However, such action to direct an individual to act in the CIO's stead shall immediately be communicated to the Contractor and the Contracting Officer. (e) 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 CTO shall bring all contracting problems to the immediate attention of the Contracting Ofticer. 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 authonzed 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 terns 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. (*) 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 paying office for this contract is USAID/Cairo: APO Address: Accounts Payable USAID/Financial Management Cairo, Egypt APO AE 09839 4902 Attn: Homi Jamshed Intemational Courier: Office of Financial Management USAID Building Lot 1/ A Off Ellaselki Street New Maadi, Cairo, Egypt Post Code No. 11435 20 of 41 The contractor may use the following e-mail address for sending vouchers: AcctsPayableEgypt@usaid.gov <<mailto:AcctsPayableEgypt@usaid.gov >> With a cc to: Ddolley@usaid.gov <<mailto:Ddolley@usaid.gov >> Lzakhary@usaid.gov <<mailto:Lzakhary@usaid.gov> G.6 ACOOUNTING AND APPROPRIATION DATA Org. 10299 NMS: 305 Managing Request No.: 267-0002-3-03007 Activity: SO-267-002, Element # 04 (Health Contract) ppropriation: 723/5109 und Account: HCD30323267KG Amount: $10,000,000 SECTION H - SPECIAL CONTRACT REQUIREMENTS H1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Jumber, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATEI Y REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) f electronic access to the full text of a clause. TITLE DATE NUMBER FEDERAL AOQUISITION REGULATION (48 CFR Chapter 1) AIDAR 48 CFR Chapter 7 PERSONNEL 752.7027 DEC 1990 H2 AIDAR 752.7004 EMERGENCY LOCATOR INFORMATION (JULY 1997) The Contractor agrees to provide the following information to the Mission Administrative Officer on or before the arrival in the host country of every contract employee or dependent: (1) The individual's full name, home address, and telephone number. (2) The name and number of the contract, and whether the individual is an employee or dependent. (3) The contractor's name, home office address, and telephone number, including any after-hours emergency numbers), and the name of the contractor's home office staff member having administrative responsibility for the contract. -.. 21 of 41 (4) The name, address, and telephone number(s) of each individual's next of kin. (5) Any special instructions pertaining to emergency situations such as power of attorney designees or alternate contact persons. H3 AIDAR 752.7032 INTERNATIONAL TRAVEL APPROVAL AND NOTIFICATION REQUIREMENTS AND AIDAR 752.7027 PERSONNEL In accordance with the above clauses, the Contracting Ofticer hereby provides pror written approval tor international travel, provided that concurrence with the assignment of individuals outside the United States is obtained by the Contractor, in writing, from the CTO prior to their assignment abroad, which must be withir the terms of this contract, is subject to availability of funds, and should not be construed as authorization either to increase the estimated cost or to exceed the obligated amount (see Section B). The Contractor shall retain for audit purposes a copy of each travel concurrence. Note: Country clearance for any travel to Iraq MUST be obtained from the USAID mission and the US Embassy/Baghdad at least one week before travel commences. H4 AIDAR 752.225.70 SOURCE, ORIGIN AND NATIONALITY REQUIREMENTS (FEB 1997) (a) Except as may be specifically approved by the Contracting Officer, all commodities (eg, equipment, materials, vehicles, supplies) and services (including commodity transportation services) which will be financed under this contract with U.S. dollars shall be procured in accordance with the requirements in 22 CFR part 228, "Rules on Source, Origin and Nationality for Commodities and Services Financed by USAID." I'he authorized source for procurement is Geographic Code 000 unless otherwise specified in the schedule ol his contract. Guidance on elisibility of specific goods or services may be obtained from the Contractins Officer. (b) Ineligible goods and services. The Contractor shall not procure any of the following goods or services under this contract: (1) Military equipment, (2) Surveillance equipment, (3) Commodities and services for support of police and other law enforcement activities, (4) Abortion equipment and services, (5) Luxury goods and gamoling equipment, or (6) Weather modification equipment. (c) Restncted goods. The Contractor shall not procure any of the following goods or services without the prior written approval of the Contracting Officer. (1) Agricultural commodities, (2) Motor vehicles, = 22 of 41 (3) Pharmaceuticals and contraceptive items, (4) Pesticides, (5) Fertilizer, (6) Used equipment, or (7) U.S. government-owned excess property. If USAID determines that the Contractor has procured any of these specific restricted goods under this contract without the prior written authorization of the Contracting Officer, and has received payment for such purposes, the Contracting Officer may require the Contractor to refund the entire amount of the purchase. H5 INSURANCE AND SERVICES (a) Pursuant to AIDAR 752.228-3 Worker's Compensation Insurance (Defense Base Act); USAID's DBA insurance carrier is: Rutherfoord International, Inc. 5500 Cherokee Avenue, Suite 300 Alexandria, VA 22312 Points of Contact: Sara Payne or Diane Ford (703) 354-1616 Hours of Operation are: 8 a.m. to 5 p.m. (EST) Telefax: 703) 354-0370 E-Mail: www.rutherfoord.com ) Pus ant to ADAR 752.228-70 Medical Evacuation (ME DEVAC) Services, USAID'S Medeva service Medex Assistance Corporation P.O. Box 5375 Timonum, MD 21094-5373 Telephone: (410) 453-6300 in Maryland; or (800) 537-2029 (toll-free) Telefax: (410) 453-6301 Applicants sould request coverage in accurdance with USAID Contract No. HINE-Q00-98-00106-00. Medevac services costs are allowable as a direct cost. H6 AUTHORIZED GEOGRAPHICCODE The authorized source and origin of procurement of goods and services under this contract is Geographic Code 935. At the present time this code does not include Iraq. Iran and Syria may also be permitted by -.. 23 of 41 authorization of the Contracting Officer. This authority includes vehicles (only a limited number from non- U.S. sources), but does not cover other restricted commodities, such as pharmaceuticals and some types of hospital supplies and equipment. Procurement of restricted items, other than vehicles, must be of U.S. ource and ongin (Geographic Code 000) unless a separate waiver is approved in advance by USAID. eparate waiver for purchasing pharmaceuticals with USAID funds may also be required. In some cases equipment, furniture for health facilities, and medicines may also be provided by other USAID grantees. H7 NONEXPENDABLE PROPERTY PURCHASES AND INFORMATION TECHNOLOGY RESOURCES The Contractor shall request authorization from the Government to purchase equipment and/ or resources for this contract. As part of this requirement, the Contractor shall provide a list giving a description of every item, quantity of units, price, function and whether it is a new/used item H8 LOGISTICSUPPORT (a) The Contractor shall be responsible for furnishing all logistic support in the United States and overseas in coordination with the CIO and the Logistics Support contractor. (b) To the extent that a USAID Mission or an Office of the USAID Representative (OAR) in the cooperating country, or a cooperating country, furnishes logistic support for the Contractor's overseas performance, the costs of such logistic support will not be charged to the Contractor, and shall not be charged by the Contractor to this contract. (c) Logistic support tumished in the form of local currency shall be paid to the Contractor in a manner adapted to the local situation and as agreed to by the Mission Director or USAID Representative (USAID REP), in writing. The documentation for such costs shall be on such forms and in such manner as the Mission Director/ USAID REP shall prescribe. (d) If, under emergency circumstances, it is necessary for a USAID Mission or OAR to pay for any in- country costs on behalf of the Contractor in order to implement any activities under this contract, the Mission may bill the Contractor for such costs, and the Contractor may, in turn, charge those costs against this contract (however, see Section H.8.(b), wherein logistic support to be furnished by the Mission/ OAR will be furnished without charge. The Mission/ OAR will never recoup those costs via an Advice of Charge (AOC) to the paying office. A Mission may not pay any in-country cost without the prior written approval of the Contractor, which approval must indicate a maximum amount that may be paid H9 LANGUAGE REQUIREMENTS Language requirements are contingent upon requirements of the Statement of Work (Section C). H1O SUBCONTRACTING PLAN AND THE SF 294 - SUBCONTRACTING REPORT FOR INDIVIDUAL CONTRACTS AND SF 295 - SUMMARY CONTRACTING REPORT The Contractor's subcontracting plan dated 4/23/03 is hereby incorporated as a material part of this contract. In accordance with FAR 52.219-9, SF 294 and SF 295 should be forwarded to the Administrative Contracting Office and the following address: 24 of 41 U.S. Agency for International Development Office of Small and Disadvantaged Business Utilization Room 7.08 RRB Washington, D.C. 20523 H11 RELOCATION OF U.S. BUSINESSES, ASSISTANCE TO EXPORT PROCESSING ZONES, INTERNATIONALLY RECOGNIZED WORKERS' RIGHTS (USAID JAN 1994) No funds or other support provided hereunder may be used in a project or activity reasonably ikely to involve the relocation or expansion outside of the United States of an enterprise located in the United States if non-U.S. production in such relocation or expansion replaces some or all of the production of, and reduces the number of employees at, said enterprise in the United States. No funds or other support provided hereunder may be used in a project or activity the purpose of which is the establishment or development in a foreign country of any export processing zone or designated area where the labor, environmental, tax, tariff, and safety laws of the country would not apply, without the ctivity which contributes to the violation c country, including those in any designated zone or area in that country. Note: This provision must be included in all subcontracts and subagreements. H12 AOCESSIBILITY OF MEETINGS, CONFERENCES, AND SEMINARS TO PERSONS WITH DISABILITIES The contractor shall assure that any meeting, conference, or seminar held pursuant to the contract will meet all applicable standards for accessibility to persons with disabilities pursuant to section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) and any implementing regulations of the Department. H13 IMPLEMENTATION OF E.O. 13224 - EXECUTIVE ORDER ON TERRORIST FINANCING The contractor is reminded that U.S. Executive Orders and U.S. law prohibits transactions with, the provision of resources and support to, individuals and organizations associated with terrorism. it is the legal responsibility of the contractor to ensure compliance with these Executive Orders and laws. This provision must be included in all subcontracts/ subawards issued under this contract. H14 SECURITY REQUIREMENTS (a) This contract may involve classified performance in accordance with Executive Order 12829, The lational Industrial Security Program, USAID's ADS Chapter 567 "Classified Contract Security an 'ontractor Personnel Security Program" and, FAR Subpart 4.4 "Safeguarding Classified Information Withi Industry". Consequently, this contract incorporates the minimum provisions needed to comply with the National Industrial Security Program (NISP) and ADS 567, as summarized in paragraphs (b) through (g) below. The requiring office for this contract must complete a DD 254, have it cleared by the Office of Security (SEC), and include it with the Statement of Work for the classified contract. A blank copy of the DD 254 is attached in Section J. Questions pertaining to the DD 254 are to be directed to the Office of Secunty. 25 of 41 (b) In order to be considered for this classified contract, the contractor must obtain and maintain a "Facility Clearance" at the level specified on the accompanying Contract Security Classification Specification, DD Form 254. If after award of this contract the contractor fails to obtain and maintain a facility clearance at the level identified on the DD Form 254 this contract will be terminated in accordance with the applicable clauses as set forth in the FAR. Any requirement for a "Top Secret facility clearance must be justified and approved by the Office of Security prior to the issuance of this contract at this level and before a company is sponsored for the required investigation by the Detense Secunty Service. (Note: The ume necessary to process an un-cleared company for a facility clearance may delay performance). The CTO from the office sponsoring the contract is responsible for coordinating with SEC in taking any actions ADS 567 requires to request the facility clearance from the Defense Security Service (DSS). The CTO is responsible for managing the clearance requirements for this contract. At the time of award, the contractor does [X] does not [ ] have a Secret level facility clearance. (c) If DSS grants an interim clearance but then subsequently revokes the interim clearance after contract award and denies a final clearance, the contract may be terminated, depending on the reasons DSS denied the clearance. (d) Employees of the Contractor working under this contract and requiring access to classified national security information and/ or to areas under the control of USAID deemed "Restricted" by USAID's Office of Security must have been subject to an appropriate level background investigation by the Defense Security Service (DSS). DSS must issue either an "Interim" or "Final" security clearance for each tasked employee before USAID will grant him or her unescorted access to USAID's restricted spaces(s) or permit him or her access to classified national security information. If DSS issues an interim personnel security clearance but subsequently denies a final clearance for an employee of a cleared contractor, the contractor must immediately remove the employee from USAID-restricted space and prevent him or her from having access to or handling classified or administratively controlled materials. The contractor is responsible for providing properly cleared personnel to work on the contract and for ensuring that performance is not jeopardized (e) The contractor's Facility Security Officer (FSO) must forward a valid "Visit Request" identifying their representatives/ employees and the required security clearance information to the USAID Office of Security, Room 2.06A, 1300 Pennsylvania Ave., N.W., Washington, D.C. 20523-8800. (f) In the event the contractor subcontracts any work to be performed under this contact, the contractor is responsible for issuing the security guidance provided by USAID to any subcontractor and ensuring that subcontractors comply with security requirements of the contract. (g) The USAID Office of Security will issue RRB facility passes to individual contractor representatives/ employees upon receipt and verification of the security data contained in the "Visit Authorization Request". The contractor must ensure that any passes issued are returned upon termination of employment or completion of the contract, whichever occurs first." *= H15. IMPLEMENTATION Implementation of USAID Health System Strengthening program in Iraq shall not take place until a permissive environment exists and USAID instructs the contractor to proceed. However, the Contractor should be prepared to deploy to the region within two weeks of award of the contract. Currently there are several statutory restrictions on assistance to Iraq. No assistance under this contract shall be provided to Iraq until USAID has determined that it is consistent with U.S. foreign policy and permitted by law. In addition, the contractor is subject to the requirements of the Office of Foreign Assets Control (OFAC), certain other U.S. Government rules and regulations, as well as compliance with all applicable UN sanctions against Iraq. (Sce attached Iragi Sanctions License and Tip Sheet, Section J) 26 of 41 H16 SECURITY Special Security Conditions: U.S. Citizenship is required by the Chief of party, selected to perform under this Contract. At a minimum an "Interim Secret" personnel security clearance issued by the Department of Defense will be required before the issuance of a USAID/RRB Badge or permission to proceed to Post is granted. USAID/SEC will be responsible for validating security clearances of all proposed/ selected contractors and will work with the Facility Security Officer of the selected company to transmit security clearance data to U.S. Officials abroad where access to restricted sites and/ or facilities is necessary to accomplish the tasks) outlined in this SOW. No classified information will be provided to the contractor for the purpose of review, work, or storage at the contractor's facility, All access will occur at the Government's facility either within the U.S. or overseas. No duplication or retransmission of Classification National Security Information is permitted by the contractor without written authorization from the CTO. Any public release of information regarding this award must be approved in advance of release by the CTO (refer to Section H of this contract for specific security guidance). USAID anticipates that there may be some circumstances when the Contractor will need to meet with partners (e.g. USAID, DOD) at secure facilities and use classified information for planning purposes. As a result the contractor will need to have a secret facility clearance and secret clearance for key staff involved in PART IT - CONTRACT CLAUSES SECTIONI - CONTRACT CLAUSES I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Jumber, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATEI Y REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) fo DATE NUMBER TITLE FEDERAL AQQUISITION REGULATTON (48 CFR Chapter 1) DEC 2001 DEFINITIONS 52.202-1 52.203-3 APR 1984 GRATUITIES 52.203-5 COVENANT AGAINST CONTINGENT FEES APR 1984 RESTRICTIONS ON SUBCONTRACTOR SALES TO JUL 1995 52.203-6 THE GOVERNMENT JUL 1995 ANTI-KICKBACK PROCEDURES 52.203-7 CANCELLATION, RESCISSION, AND RECOVERY JAN 1997 52.203-8 OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR JAN 1997 52.203-10 IMPROPER ACTIVITY JUN 1997 LIMITATION ON PAYMENTS TO INFLUENCE 52.203-12 CERTAIN FEDERAL TRANSACTIONS AUG 1996 SECURITY REQUIREMENTS 52.204-2 PRINTED OR COPIED DOUBLE-SIDED AUG 2000 52.204-4 27 of 41 ON RECYCLED PAPER 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST JUL 1995 WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT AUDIT AND REOORDS-NEGOTIATION 52.215-2 JUN 1999 52.215-8 OCT 1997 ORDER OF PRECEDENCE-- UNIFORM CONTRACT FORMAT PRICE REDUCTION FOR DEFECTIVE COST OR 52.215-10 OCT 1997 PRICING DATA - OCT 1997 PRICE REDUCIION FOR DEFECTIVE COST OR 52.215-11 PRICING DATA--MODIFICATIONS SUBCONTRACTOR COST OR PRICING DATA OCT 1997 52.215-12 SUBCONTRACTOR COST OR PRICING 52.215-13 OCT 1997 DATA-MODIFICATIONS INTEGRITY OF UNIT PRICES OCT 1997 52.215-14 ALTERNATE I (OCT 1997) OCT 1997 NOTIFICATION OF OWNERSHIP CHANGES 52.215-19 OCT 1997 52.215-21 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING DATA 52.216-7 ALLOWABLE COST AND PAYMENT FEB 2002 FIXED-FEE MAR1997 52216-8 52.217-8 OPTION TO EXTEND SERVICES NOV 1999 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT MAR 2000 JAN 1999 NOTICE OF PRICE EVALUATION PREFERENCE 52.219-4 FOR HUBZONE SMALL BUSINESS CONCERNS 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN JAN 2002 ALTERNATE II (OCT 2001) JAN 1999 52.219-16 LIQUIDATED DAMAGES-SMALL BUSINESS SUBCONTRACTING PLAN SMALL DISADVANTAGED BUSINESS OCT 1999 52.219-25 PARTICIPATION PROGRAM--DISADVANTAGED STATUS AND REPORTING CONVICT LABOR 52.222-3 AUG 1996 CHILD LABOR - COOPERATION WITH DEC2001 52.222-19 AUTHORITTES AND REMEDIES FEB 1999 52.222-21 PROHIBITION OF SEGREGATED FACILITIES APR 2002 EQUAL OPPORTUNITY 52.222-26 52.222-29 NOTIFICATION OF VISA DENIAL FEB 1999 52.222-35 AFFIRMATIVE ACTION FOR DISABLED VETERANS APR 1998 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WIH JUN 1998 DISABILITIES 52.222-38 DEC2001 COMPLIANCE WITH VETERANS' EMPLOYMENT REPORTING REQUIREMENTS MAY2001 DRUG-FREE WORKPLACE 52.223-6 REFRIGERATION EQUIPMENT AND AIR 52.223-12 CONDITIONERS APR 1984 52.224-1 PRIVACY ACT NOTIFICATION APR 1984 PRIVACY ACT APR 1984 52.114-2 RESTRICTIONS ON CERTAIN FOREIGN 52.225-13 JUL 2000 PURCHASES --= 28 of 41 INCONSISTENCY BETWEEN ENGLISH VERSION 52.225-14 FEB 2000 AND TRANSLATION OF CONTRACT NOTICE AND ASSISTANCE REGARDING PATENT 52.227-2 AUG 1996 AND COPYRIGHT INFRINGEMENT RIGHTS IN DATA--GENERAL 52.227-14 JUN 1987 52.227-16 JUN 1987 ADDITIONAL DATA REQUIREMENTS 52.228-3 WORKERS' COMPENSATION INSURANCE (DEFENSE APR 1984 BASE ACT) MAR1996 INSURANCE-LIABILITY TO THIRD PERSONS 52.228-7 COST ACCOUNTING STANDARDS APR 1998 52.230-2 52.230-6 ADMINISTRATION OF COST ACCOUNT STANDARDS NOV 1999 PAYMENTS 52.232-1 APR 1984 DISCOUNTS ON PROMPT PAYMENT MAY1997 52.232-8 52.232-9 LIMITATION ON WITHHOLDING OF PAYMENTS APR 1984 TUN 1996 EXTRAS 52.232-11 TUN 1996 52.232-17 INTEREST AVAILABILITY OF FUNDS 52.232-18 APR 1984 LIMITATION OF FUNDS APR 1984 52.232-22 ASSIGNMENT OF CLAIMS 52.232-23 JAN 1986 DISPUTES 52.233-1 DEC 1998 ALTERNATE I (DEC 1998) PROTEST AFTER AWARD 52.233-3 AUG 1996 ALTERNATE I TUN 1985) RESTRICTION ON SEVERANCE PAYMENTS TO OCT 1995 52.237-8 FOREIGN NATIONALS WAIVER ON LIMITATION ON SEVERANCE 52.237-9 OCT 1995 ALTERNATE 1 JUN 1985) NOTICE OF INTENT TO DISALLOW COSTS 52.242-1 52.242-3 MAY2001 PENALTIES FOR UNALLOWABLE COSTS 52.242-4 JAN 1997 CERTIFICATION OF FINAL INDIRECT COSTS BANKRUPTCY 52.242-13 JUL. 1995 CHANGES--COST REIMBURSEMENT 52.243-2 AUG 1987 ALTERNATE II (APR 1984) NOTIFICATION OF CHANGES APR 1984 52.243-7 SUBCONTRACTS 52.244-2 AUG 1998 ALTERNATE II (AUG 1998) 52.244-5 COMPETTTION IN SUBCONTRACTING DEC 1996 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS MAY2002 GOVERNMENT PROPERTY (COST-REIMBURSEMENT, JAN 1986 52.245-5 TIME AND MATERIALS, OR LABOR HOUR CONTRACTS) LIMITATION ON LIABILITY FEB 1997 52.246-23 52.246-25 LIMITATION OF LIABILITY-SERVICES = FEB 1997 52.247-63 PREFERENCE FOR U.S. FLAG CARRIERS JAN 1997 SUBMISSION OF COMMERCIAL TRANSPORTATION 52.247-67 JUN 1997 BILLS TO THE GENERAL SERVICES ADMINISTRATION FOR AUDIT FEB 2000 VALUE ENGINEERING 52.248-1 TERMINATION FOR CONVENIENCE 52.249-2 SEP 1996 SEP 1996 TERMINATION (COST-REIMBURSEMENT) 52.249-6 EXCUSABLE DELAYS APR 1984 52.249-14 52.251-1 GOVERNMENT SUPPLY SOURCES APR 1984 29 of 41 COMPUTER GENERATED FORMS JAN 1991 52.253-1 AIDAR 48 CFR Chapter 7 DEFINITIONS 752.202-1 SECURITY REQUIREMENTS 752.204-2 LANGUAGE AND MEASUREMENT 752.211-70 JUN 1992 752.225.71 LOCAL PROCUREMENT FEB 1997 752.226-2 APR 1997 SUBCONTRACIING WITH DISADVANTAGED ENTERPRISE 752.226-3 LIMITATIONS ON SUBCONTRACIING - JUN 1993 752.228-3 WORKER'S COMPENSATION INSURANCE (DEFENSE BASE ACT) INSURANCE-LIABILITY TO THIRD PERSONS 752.228-7 MEDICAL EVACUATION (MEDVAC SERVICES 752.228-70 MAR1993 PERIODIC PROGRESS REPORTS 752.242-70 JUL 1998 752.245-70 GOVERNMENT PROPERTY-USAID REPORTING REQUIREMENTS TITLE TO AND CARE OF PROPERTY 752.245-71 APR 1984 BIOGRAPHICAL DATA 752.7001 JUL 1997 JAN 1990 752.7002 TRAVEL AND TRANSPORTATION APR 1984 752.7006 NOTICES PERSONNEL COMPENSATION 752.7007 JUL. 1996 752.7008 USE OF GOVERNMENT FACILITIES OR APR 1984 PERSONNEL 752.7010 CONVERSION OF U.S. DOLLARS TO LOCAL APR 1984 CURRENCY 752.7011 APR 1984 ORIENTATION AND LANGUAGE TRAINING CONTRACIOR-MISSION RELATIONSHIPS 752.7013 OCT 1989 NOTICE OF CHANGES IN TRAVEL REGULATIONS 752.7014 JAN 1990 USE Or TOUCHrAULTIES 752.7015 JUL 1997 HEALTH AND AOCIDENT COVERAGE FOR 752.7018 JAN 1999 USAID PARTICIPANT TRAINEES PARTICIPANT TRAINING 752.7019 JAN 1999 752.7023 REQUIRED VISA FORM FOR USAID APR 1984 PARTICIPANIS 752.7025 APPROVALS APR 1984 PERSONNEL 752.7027 DEC 1990 IFFERENTIALS AND ALLOWANCE 752.7028 JUL 1996 'OST PRIVILEGE JUL 1993 752.7029 752.7031 OCT 1989 LEAVE AND HOLIDAYS PHYSICAL FITNESS 752.7033 JUL 1997 752.7034 ACKNOWLEDGEMENT AND DISCLAIMER DEC 1991 PUBLICNOTICES 752.7035 DEC 1991 I.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were even in fell art, Ye segue, on Cly a thing if at wil sake their full ex available. Also, the fall exe -- 30 of 41 For Federal Acquisition Regulation (FAR) clauses: www.arnet.gov For USAID Acquisition Regulation (AIDAR) clauses: www.usaid.gov I.3 AIDAR 752.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL. DISADVANTAGED BUSINESS CONCERNS (a) It is the policy of the United States that small business concerns, HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women shall have the maximum practicable opportunity to participate in performing contracts let by any Federal agency, including contracts and subcontracts fol subsystems, assemblies, components, and related services for major systems. It is further the policy of the United States that its prime contractors establish procedures to ensure the timely payment of amounts due pursuant to the terms of their subcontracts with small business concerns, HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women. (b) The Contractor hereby agrees to carry out this policy in the awarding of subcontracts to the fullest agency of the United States as may be necessary to determine the extent of the Contractor's compliance with this clause. (c) Definitions. As used in this contract (1) Small business concern means a small business as defined pursuant to section 3 of the Small Business Act and relevant regulations promulgated pursuant thereto. (2) HUBZone small business concern means a small business concern that appears on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration. (3) Small business concern owned and controlled by socially and economically disadvantaged individuals and small disadvantaged business concern mean a small business concern that represents, as part of its offer (i) It has received certification as a small disadvantaged business concern consistent with 13 CFR 124, Subpart B; (i) No material change in disadvantaged ownership and control has occurred since its certification; ) Where the concern is owned by one or more individuals, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104 (c)(2); and (iv) It is identified, on the date of its representation, as a certified small disadvantaged business in the database maintained by the Small Business Administration (PRO Net). (4) Small business concern owned and controlled by women means a small business concern-- i Which is at least 51 percent owned by one or more women, or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and --= 31 of 41 (ii) Whose management and daily business operations are controlled by one or more women. (d) Contractors acting in good faith may rely on written representations by their subcontractors regarding their status as a small business concern, a HUBZone small business concem, a small business concem ownec and controlled by socially and economically disadvantaged individuals, or a small business concern owned and controlled by women. USAID small business provision. To permit USAID, in accordance with the small business provisions of the Foreign Assistance Act, to give small business tims an opportunity to participate in supplying equipment supplies and services financed under this contract, the Contractor shall, to the maximum extent possible, provide the following information to the Office of Small and Disadvantaged Business Uttization (OSDBU), USAID, Washington, DC 20523-1414, at least 45 days prior to placing any order in excess of the simputied acquisition threshold except where a shorter time is requested of, and granted by OSDBU: (1) Brief general description and quantity of commodities or services; (2) Closing date for receiving quotations or bids; and (3) Address where invitations or specifications may be obtained. I.4 52.232-25 PROMPT PAYMENT (FEB 2002), ALTERNATE I (FEB 2002) Votwithstanding any other payment clause in this contract, the Government will make invoice payment inder the terms and conditions specified in this clause. The Government considers payment as being mad on the day a check is dated or the date of an electronic funds transfer (EFT). Definitions of pertinent terms are set forth in sections 2.101, 32.001; and 32.902 of the Federal Acquisition Regulation. All days referred to in this clause are calendar days, unless otherwise specified. (However, see paragraph (a) (4) of this clause concerning payments due on Saturdays, Sundays, and legal holidays.) (a) Invoice payments-- (1) Due date. (i) Except as indicated in paragraphs (a)(2) and (c) of this clause, the due date for making invoice payments by the designated payment office is the later of the following two events: (A) The 30th day after the designated billing office receives a proper invoice from the Contractor (except as provided in paragraph (a) (1) (il) of this clause) (B) The 30th day after Government acceptance of supplies delivered or services performed. For a final invoice, when the payment amount is subject to contract settlement actions, acceptance is deemed to occur on the effective date of the contract settlement. (i) If the designated billing office fails to annotate the invoice with the actual date of receipt at the time of receipt, the invoice payment due date is the 30th day after the date of the Contractor's invoice, provided the designated billing office receives a proper invoice and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements (2) Certain food products and other payments. -== = 32 of 41 (i) Due dates on Contractor invoices for meat, meat food products, or fish; perishable agricultural commodities; and dairy products, edible fats or oils, and food products prepared from edible fats or oils are-- (A) For meat or meat food products, as detined in section 2(a)(3) of the Packers and Stockyard Act of 1921 (7 U.S.C. 182(3)), and as further defined in Pub. L. 98-181, including any edible fresh or frozen poultry meat, any perishable poultry meat food product, fresh eggs, and any perishable egg product, as close as possible to, but not later than, the 7th day after product delivery. (B) For fresh or frozen fish, as defined in section 204(3) of the Fish and Seafood Promotion Act of 1986 (16 U.S.C. 4003(3)), as close as possible to, but not later than, the 7th day after product delivery. (C) For perishable agricultural commodities, as defined in section 1(4) of the Perishable Agricultural Commodities Act of 1930 (7 U.S.C. 499a(4)), as close as possible to, but not later than, the 10th day after product delivery, unless another date is specified in the contract. (D) For dairy products, as defined in section 111(e) of the Dairy Production Stabilization Act of 1983(7 U.S.C. 4502(e)), edible fats or oils, and food products prepared from edible fats or oils, as close as possible to, but not later than, the 10th day after the date on which a proper invoice has been received. Liquid milk, cheese, certain processed cheese products, butter, yogurt, ice cream, mayonnaise, salad dressings, and other similar products, fall within this classification. Nothing in the Act limits this classification to retrigerated products. When questions arise regarding the proper classitication of a specitic product, prevailing industry practices will be followed in specilying a contract payment due date. The burden of proof that a classification of a specific product is, in fact, prevailing industry practice is upon the Contractor making the representation. (i) If the contract does not require submission of an invoice for payment (e.g., periodic lease payments), the due date will be as specified in the contract. (3) Contractor's invoice. The Contractor shall prepare and submit invoices to the designated billing office specified in the contract. A proper invoice must include the items listed in paragraphs (a) (3)() through (a) (3)(x) of this clause. If the invoice does not comply with these requirements, the designated billing office will return it within 7 days after receipt (3 days for meat, meat tood products, or tish; 5 days for perishable agncultural commodities, dairy products, edible fats or oils, and food products prepared from edible fats or oils), with the reasons why it is not a proper invoice. The Government will take into account untimely notification when computing any interest penalty owed the Contractor. (i) Name and address of the Contractor. (ii) Invoice date and invoice number. (The Contractor should date invoices as close as possible to the date of the mailing or transmission.) (ii) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number). (iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed. (v) Shipping and payment terns (e.g., shipment number and date of shipment, discount for prompt bals a ine) Bil lading number and wright of shipren wilhe shown for shipmens on Coverunkenn (vi) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment). --- 33 of 41 (vii) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice. (viii) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (ix) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision (e.g., 52.232- 38, Submission of Electronic Funds Transfer Infornation with Offer), contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer - Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT. (x) Any other information or documentation required by the contract (e.g., evidence of shipment). without incurring a late payment interest penalty. (i) The designated billing office received a proper invoice. (i) The Government processed a receiving report or other Government documentation authorizing payment, and there was no disagreement over quantity, quality, or Contractor compliance with any contract term or condition. (li) In the case of a final invoice for any balance of funds due the Contractor for supplies delivered or services performed, the amount was not subject to further contract settlement actions between the Government and the Contractor. (5) Computing penalty amount. The Government will compute the interest penalty in accordance with the Office of Management and Budget prompt payment regulations at 5 CFR part 1315. = (i) For the sole purpose of computing an interest penalty that might be due the Contractor, Government acceptance is deemed to occur constructively on the 7th day (unless otherwise specified in this contract) after the Contractor delivers the supplies or performs the services in accordance with the terms and conditions of the contract, unless there is a disagreement over quantity, quality, or Contractor compliance with a contract provision. If actual acceptance occurs within the constructive acceptance peniod, the Government will base the determination of an interest penalty on the actual date of acceptance. The constructive acceptance requirement does not, however, compel Government officials to accept supplies or services, perform contract administration functions, or make payment prior to fulfilling their responsibilities. == 34 of 41 (i) The prompt payment regulations at 5 CFR 1315.10(c) do not require the Government to pay interest penalties if payment delays are due to disagreement between the Government and the Contractor over the payment amount or other issues involving contract compliance, or on amounts temporarily withheld or retained in accordance with the terms of the contract. The Government and the Contractor shall resolve claims involving disputes and any interest that may be payable in accordance with the clause at FAR 52.233-1, Disputes. (6) Discounts for prompt payment. The designated payment office will pay an interest penalty automatically, without request from the Contractor, if the Government takes a discount for prompt payment improperly. The Government will calculate the interest penalty in accordance with the prompt payment regulations at 5 CFR part 1315. (7) Additional interest penalty. (i) The designated payment office will pay a penalty amount, calculated in accordance with the prompt payment regulations at 5 CFR part 1315 in addition to the interest penalty amount only I-- (A) The Government owes an interest penalty of $1 or more; (B) The designated payment office does not pay the interest penalty within 10 days after the date the invoice amount is paid; and (C) The Contractor makes a written demand to the designated payment office for additional penalty payment, in accordance with paragraph (a) (()(ii) of this clause, postmarked not later than 40 days after the invoice amount is paid. (i)(A) The Contractor shall support written demands for additional penalty payments with the following data. The Government will not request any additional data. The Contractor shall- (1) Specifically assert that late payment interest is due under a specific invoice, and request payment of all overdue late payment interest penalty and such additional penalty as may be required; (2) Attach a copy of the invoice on which the unpaid late payment interest is due; and (3) State that payment of the principal has been received, including the date of receipt. (B) If there is no postmark or the postmark is illegible- (1) The designated payment office that receives the demand will annotate it with the date of receipt, provided the demand is received on or before the 40th day after payment was made; or (2) If the designated payment office fails to make the required annotation, the Government will determine the demand's validity based on the date the Contractor has placed on the demand provided such date is no later than the 40th day after payment was made. i) The additional penalty does not apply to payments regulated by other Government regulations (e.g. payments under utility contracts subject to tariffs and regulation) (b) Contract financing payment. If this contract provides for contract financing, the Government will make contract financing payments in accordance with the applicable contract financing clause. 35 of 41 (c) Fast payment procedure due dates. If this contract contains the clause at 52.213-1, Fast Payment Procedure, payments will be made within 15 days after the date of receipt of the invoice. (d) Overpayments. If the Contractor becomes aware of a duplicate payment or that the Government has otherwise overpaid on an invoice payment, the Contractor shall immediately notify the Contracting Officer and request instructions for disposition of the overpayment. (e) Invoices for interim payments. For interim payments under this cost-reimbursement contract for services-- (1) Paragraphs (a) (2), (a) (3), (a)(4) (I), and (a)(5)(I) do not apply; (2) For purposes of computing late payment interest penalties that may apply, the due date for payment is the 30ch date after the designated billing office receives a proper invoice; and (3) The Contractor shall submit invoices for interim payments in accordance with paragraph (a) of FAR 52.216-7, Allowable Cost and Payment. If the invoice does not comply with contract requirements, it will be returned within 7 days after the date the designated billing invoice office received the invoice. 752.7016 Voluntary Population Activities. 1.5. The following clause is applicable to all contracts involving any aspect of voluntary population activities. VOLUNTARY POPULATION ACTIVITTES (March 1999) (2) Activities which provide family planning services or information to individuals, financed in whole or in ee under this icemen hal provide a brood rani pro in in latin to hods and services available ; (b) Requirements for Voluntary Family Planning Projects (1) A family planning project must comply with the requirements of this paragraph. -÷= (2) A project is a discrete activity through which a governmental or nongovemmental orgarization provides family planning services to people and for which "Development Assistance" funds, or goods of services financed with such funds, are provided under this agreement, except funds solely for the participation of personnel in short term, widely attended training conferences or programs. (3) Service providers and referral agents in the project shall not implement or be subject to quotas or other numerical targets of total number of births, number of family planning acceptors, or acceptors of a particular method of family planning. Quantitative estimates or indicators of the number of births, acceptors, and acceptors of a particular method that are usedfor the purpose of budgeting, planning, or reporting with respect to the project are not quotas or targets under this paragraph, unless service providers or referral agents in the project are required to achieve the estimates or indicators. 36 of 41 (4) The project shall not include the payment of incentives, bribes, gratuities or financial rewards to (i) any individual in exchange for becoming a family planning acceptor or (i) any personnel performing functions under the project for achieving a numerical quota or target of total number of births, number of family lanning acceptors, or acceptors of a particular methodot contraception. This restriction apples to salanes o payments paid or made to personnel performing functions under the project if the amount of the salary o payment increases or decreases based on a predetermined number of births, number of family planning acceptors, or number of acceptors of a particular method of contraception that the personnel affect or achieve. (5) No person shall be denied any nght or benefit, including the right of access to participate in any program of general welfare or health care, based on the person's decision not to accept family planning services offered by the project. (6) The project shall provide family planning acceptors comprehensible information about the health benefits and risks of the method chosen, including those conditions that might render the use of the method inadvisable and those adverse side effects known to be consequent to the use of the method. This requirement may be satisfied by providing information in accordance with the medical practices and standards and health conditions in the country where the project is conducted through counseling, brochures, posters, or package inserts. (7) The project shall ensure that experimental contraceptive drugs and devices and medical procedures are provided only in the context of a scientific study in which paricipars are advised of potential risks and (8) With respect to projects for which USAID provides, or finances the contribution of, contraceptive commodities or technical services and for which there is no subagreement or contract under paragraph (e) of this clause, the organization implementing a project for which such assistance is provided shall agree that the prover will comply with the requirementsof this paragraph while using such commodities or receiving such (9) 0) The contractor shall notify USAID when it learns about an alleged violation in a project of the requirements of subparagraphs (3), (4), (5) or (7) of this paragraph; (il) the contractor shall investigate and take appropriate corrective action, if necessary, when it learns about an alleged violation in a project of subparagraph (6) of this paragraph and shall notify USAID about violations in a project affecting a number of people over a period of time that indicate there is a systemic problemin the project. (m) The contractor shall provide USAID such additional information about violations as USAID may request. Additional Requirements For Voluntary Sterilization Programs (1) None of the funds made available under this contract shall be used to pay for the performance of involuntary sterilization as a method of family planning or to coerce or provide any financial incentive -== to any individual to practice sterilization. (2) The contractor shall ensure that any surgical sterilization procedures supported in whole or in part by funds from this contract are performed only after the individual has voluntarily appeared at the treatment facility and has given informed consent to the sterilization procedure. Informed consent means the voluntary, knowing assent from the individual after being advised of the surgical procedures to be followed, the attendant discomforts and risks, the benefits to be expected, the availability ol alternative methods of family planning, the purpose of the operation and its irreversibility, and the option to withdraw consent anytime prior to the operation. 37 of 41 An individual's consent is considered voluntary if it is based upon the exercise of free choice and is not obtained by any special inducement or any element of force, fraud, deceit, duress, or other forms of coercion or misrepresentation. (3) Further, the contractor shall document the patient's informed consent by i) a written consent document in a language the patient understands and speaks, which explains the basic elements of informed consent, as set out above, and which is signed by the individual and by the attending physician or by the authorized assistant of the attending physician; or (ii) when a patient is unable to read adequately, a written certification by the attending physician or by the authorized assistant of the attending physician that the basic elements of informed consent above were orally presented to the patient and that the patient thereafter consented to the performance of the operation. The receipt ol this oral explanation shall be acknowledged by the patient's mark on the certification and by the signature or mark of a witness who shall speak the same language as the patient. (4) The contractor must retain copies of informed consent forms and certification documents for each voluntary sterilization procedure for a period of three years after performance of the sterilization procedure Abortion restrictions No funds made available under this contract shall be used to finance, support, or be attributed to the tollowng activities: (1) procurement or distrbution of equipment intended to be used for the purpose of inducing abortions as a method of family planning; (1) special fees or incentives to women to coerce or motivate women to have abortions; (iii) payments to persons to perform abortions or to solicit women to undergo abortions; (iv) information, education, training, or communication programs that seek to promote abortion as a method of family planning; and (v) lobbying for abortion. (2) No funds made available under this contract will be used to pay for any biomedical research which elates, in whole or u slates, in so la mili pantino eiderio, er in detoriane of abions or involuntary ste elizaion consequences of abortions is not Requirement for Subagreements The contractor shall insert this provision in all subsequent subcontracts or subagreements involving family planning or population activities which will be supported in whole or in part with funds under this contract. (END OF CLAUSE) I. Amendment for FY 1999 Funding When FY 1999 funds for voluntary population activities are added to an existing award, clause 752.7016 entitled "Family Planning and Population Assistance Activities" (AUG 1986) must be amended to incorporate the requirements of the Tiahrt amendment to be applicable to activities undertaken using FY 1999 funds. Theretore, when FY 1999 tunds are added to an existing award that includes the clause at 752.7016, include the following language to amend the terms and conditions of award: "Funds made available under this amendment are subject to the following paragraph which is hereby included as the final paragraph of the clause entitled "Family Planning and Population Assistance Activities (AUG 1986)": (e) Requirements for Voluntary Family 38 of 41 Planning Projects (1) A family planning project must comply with the requirements of this paragraph. A project is a discrete activity through which a governmental or Nongovernmental organization provides family planning services to people and for which Development Assistance funds, or goods or services financed with such funds, are provided under this award, except funds solely for the participation of personnel in short-term, widely attended training conferences or programs. (3) Service providers and referral agents in the project shall not implement or be subject to quotas or other reporting with respect to the project are not quotas or targets under this paragraph, unless service providers or referral agents in the project are required to achieve the estimates or indicators. (4) The project shall not include the payment of incentives, bribes, gratuities or financial rewards to i) any individual in exchange for becoming a family planning acceptor or (ii) any personnel performing functions under the project for achieving a numerical quota or target of total number of births, number of family planning acceptors, or acceptors of a particular method of contraception. This restriction applies to salaries or payments paid or made to personnel performing functions under the project if the amount of the salary or payment increases or decreases based on a predetermined number of births, number of family planning acceptors, or number of acceptors of a particular method of contraception that the personnel affect or achieve. (5) No person shall be denied any right or benefit, including the right of access to participate in any program of general welfare or health care, based on the person's decision not to accept family planning services offered by the project. (6) The project shall provide family planning acceptors comprehensible information about the health benefits and risks of the method chosen, including those conditions that might render the use of the method inadvisable and those adverse side effects known to be consequent to the use of the method. This requirement may be satisfied by providing information in accordance with the medical practices and standards and health conditions in the country where the project is conducted through counseling, brochures, posters, or package inserts. (7) The project shall ensure that experimental contraceptive drugs and devices and medical procedures are provided ouly in the context of a scientific study in which participanis are advised uf potential ists audi (8) With respect to projects for which USAID provides, or finances the contribution of, contraceptive commodities or technical services and for which there is no subaward or contract under paragraph (d) of this provision, the organization implementing a project for which such assistance is provided shall agree that the project will comply with the requirements of this paragraph while using such commodities or receiving such services. (8) (i) The contractor shall notify USAID when it learns about an alleged violation in a project of the requirements of subparagraphs (3), (4), (5) or (7) of this paragraph.. (il) The contractor shall investigate and take appropriate corrective action, if necessary, when it learns about an alleged violation in a project of subparagraph (6) of this paragrapk and shall notify USAID about violations in a project affecting a 39 of 41 number of people over a period of time that indicate there is a systemic problem in the project. (i) The contractor shall provide USAID such additional information about violations as USAID may request. (END OF CLAUSE) 1.6 COMMUNICATIONS PRODUCTS (OCT 1994) (a) Definition - Communications products are any printed materials (other than non-color photocopy material), photographic services or video production services. (b) Standards - USAID has established standards for communications products. These standards must be followed unless otherwise specifically provided in the contract or approved in writing by the contracting officer. A copy of the standards for USAID financed publications and video productions is attached (c) Communications products which meet any of the following criteria are not eligible for USAID financing under this agreement unless specifically authorized in the contract or in writing by the contracting officer: (1) All communications materials funded by operating expense account funds; 2) Any communication products costing over $25,000, including the costs of both preparation anc execution. For example, in the case of a publication, the costs will include research, writing and other editoria services (including any associated overhead), design, layout and production costs. (3) Any communication products that will be sent directly to, or likely to be seen by, a Member of Congress or Congressional staffer, and (4) Any publication that will have morè than 50 percent of its copies distributed in the United States (excluding copies provided to CDIE and other USAID/W offices for internal use. the product. Any subsequent request for approval of a covered communication product must provide the same type of cost information. 40 of 41 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENIS SECTION] - LIST OF ATTACHMENTS ATTACHMENT TITLE NUMBER ATTACHMENT 1 - DD 254 Form (1 page) ATTACHMENT 2 - Dept. of Treasury Iraqi Sanctions Regulations License # IQ-2215 (3 pages) ATTACHMENT 3 - Tip Sheet (5 pages) ATTACHMENT 4 - Small Business Subcontracting Plan, 4/23/2003 (8 pages) ATTACHMENT 5 - Indicators (1 page) 41 of 41 1. CLEARANCE AND SAFEGUARDING DEPARTMENT OF DEFENSE FACILITY CLEARANCE REQUIRED CONTRACT SECURITY CLASSIFICATION SPECIFICATION SECRET (The requirements of the DaD Industrial Security Manual apply LEVEL OF SAFEGUARDING REQUIRED to all security aspects of this effort.) NONE 2. THIS SPECIFICATION IS FOR: (X and complete as applicable) 3. THIS SPECIFICATION IS: (X and compiete as applicable) a PRIME CONTRACT NUMBER DATE (YUMMDD) * a. ORIGINAL (Complete date in all cases) RAN-C-00-03-0001-00 20030430 SUBCONTRACT NUMBER $ REVISED REVISION NO. DATE (YYYYMMOD) DUE DATE (YYYYMMDD) C. SOLICITATION OR OTHER NUMBER DATE (YYYUMMDD) C. FINAL (Complete lem 5 in all cases) YES 4. 15 THIS A FOLLOW-ON CONTRACT? NO. if Yes. complete the following Classified material received or generated under (Preceding Contract Number) is transferred ta this follow-on contract. YES 5. IS THIS A FINAL DD FORM 254? NO. If Yes, complete the following: In response to the contractor's request dated • retention of the classified material is authorized for the period of 6. CONTRACTOR (Include Commercial and Government Entity (CAGE) Code) b. CAGE CODE a. NAME, ADDRESS, AND ZIP CODE C. COGNIZANT SECURITY OFFICE (Name, Address, and Zip Code) 1A018 DSS ABT, ASSOCIATES, INC. 55 WHEELER STREET SIIBN BOSTON CAMBRIDGE, MA 02138-1168 7. SUBCONTRACTOR NAME, ADDRESS. AND ZIP CODE D. CAGE CODE a COGNIZANT SECURITY OFFICE (Name, Address, and Zip Code) N/A N/A N/A 8. ACTUAL PERFORMANCE TO CAGE CODE a. LOCATION [E. COGNIZANT SECURITY OFFICE (Name, Address, and Lup Code) N/A USAID/SEC USAID MISSIONS IN IRAQ/KUWAIT RRB, ROOM 2.06A 202 712-0990 9. GENERAL IDENTIFICATION OF THIS PROCUREMENT TO ASSIST USAID IN THE IMPLEMENTATION OF PRIORITY PROGRAMS IN THE HEALTH, POPULATION AND EDUCATION SECTORS. YES NO 10. CONTRACTOR WILL REQUIRE ACCESS TO: YES NO T1. IN PERFORMING THIS CONTRACT, THE CONTRACTOR WILL: a COMMUNICATIONS SECURITY (COMSEC) INFORMATION CONTRACTORS ACTOR COVER A IN ANOTHER b. * RESTRICTED DATA RECEIVE CLASSIFIED DOCUMENTS ONLY C. CRITICAL NUCLEAR WEAPON DESIGN INFORMATION RECEIVE ANO GENERATE CLASSIFIEO MATERIAL d FORMERLY RESTRICTED DATA FABRICATE. MODIFY, DR STORE CLASSIFIED HARDWARE PERFORM SERVICES ONLY 2070 e INTELLIGENCE INFORMATION (1) Sensitive Compartmented Information (SCI) POLEO CEO. US POSSLASONE A PENAY PRITORES THE U.S.. (2) Non-SCl CENTER ONE OR ONESE ONE SISTENE CECAL INFORMATION & SPECIAL ACCESS INFORMATION REQUIRE A COMSEC ACCOUNT HAVE TEMPEST REQUIREMENTS 9 NATO INFORMATION HAVE OPERATIONS SECURITY (OPSEC) REQUIREMENTS I FOREIGN GOVERNMENT INFORMATION I BE AUTHORIZEO TO USE THE DEFENSE COURIER SERVICE .. LIMITED DISSEMINATION INFORMATION I OTHER (Specily) 1 FOR OFFICIAL USE ONLY INFORMATION K OTHER (Specily) ACCESS TO SENSITIVE BUT LUNCI ASSIFIED INFORMATION (SRID PREVIOUS EDITION IS OBSOLETE DD FORM 254, DEC 1999 ATTACHMENT 1 12. PUBLIC RELEASE. Any information (classified or unclassified) pertaining to this contract shall not be released for public dissemination except as provided by the Industrial Security Manual or unless it has been approved for public release by appropriate US Government authorty. Proposed public releases shall be submitted for approval prior to release Direct Through (Specify) USAID'S CONTRACTOR'S TECHNICAL OFFICER (CTO), MR. CHRIS MILLIHAN, USAID/ANE, 1300 PENN, AVE, N. W., WASHINGTON, D.C., 20523-8800, (202) 712-4547 to the Directorate for Freedom of Information and Security Review, Office of the Assistant Secretary of Defense (Public Affairs) * for review * In the case of non-DoD User Agencies, requests for disclosure shall be submitted to that agency. 113. SECURITY GUIDANCE. The security classifiection guidance needed for this classified effort is identified below. If any difficulty is encountered in applying this guidance or if any other contributing factor indicates a need for changes in this guidance, the contractor is authorized and encouraged to provide assigned to any information or material furnished or generated under this contract: recommended changes; to challenge the guidance or the classification and to submit any questions for interpretation of this guidance to the official identified below. Pending final decision, the information involved shall be handled and protected at the highest level of classification assigned or recommended (fill in as appropriate for the classified effort. Attach, or forward under separate correspondence, any documents/guides/extracts referenced herein Add additional pages as needed to provide complete guidance) THE CONTRACTOR WILLL ABIDE BY THE TERMS OF THE SECURITY AGREEMENT (DD FORM 441) EXECUTED BETWEEN THEIR COMPANY AND THE DEPTARTMENT OF DEFENSE AND ENFORCE THE SECURITY STANDARDS OUTLINED IN THE NATIONAL INDUSTRIAL SECURITY PROGRAM OPERATING MANUAL (NISPOM) DATED JANUARY, 1995 IN ADDITION T OTHE ABOVE, SUPPLEMENTAL SECURITY REQUIREMENTS PERTAINIG TO THIS PERFORMANCE IS ATTACHED AS ITEM NUMBERS 13-1-13-21. THE CONTRACTOR MUST IMMEDIATELY CONTACT THE DESIGNATED CTO IDENTIFIED IN BLOCK 12 ABOVE FOR CLARIFICATION OF THE SECURITY GUIDANCE APPLICABLE TO THIS PERFORMANCE. [x]ves LINO SEE SECTION "H" OF THE BASIC CONTRACT L Ves x No 16. TO NO i A ne: andy the cose to A question are be ecuate ore of mine eloriodi c. TELEPHONE (Include Area Code) a. TYPED NAMÉ OF CERTIFVING OFFICIAL MR MARK A WEBB (202) 712-5612 INDUSTRIAL SECURITY SPECIALIST OFFICE OF SECURITY TSAM * ADDRESS (include Zip Code) [17. REQUIRED DISTRIBUTION Ja CONTRACTOR 1300 PENNSLYVANIA AVE, N.W • SUBCONTRACIOR APR 28 WASHINGTON, D.C = COGNIZANT SECURITY OFFICE FOR PRIME AND SUBCONTRACTOR 2052.3-8800 e SIGNATURE d US ACTNITY RESPONSIBLE FOR OVERSEAS SECURITY ADMINISTRATION e ADMINISTRATIVE CONTRACTING OFFICER + OTHERS AS NECESSARY USAID/SEC xx DD FORM 254 (BACK), DEC 1999 SUPPLEMENTAL SECURITY GUIDANCE FOR USAID CONTRACT NUMBER RAN-C- 00-03-0001-00 BLOCK #13 OF THE DD FOrM 254 ENTITLED "SECURITY GUIDANCE" CONTINUED: 13-1. The National Industrial Security Program (NISP) was established by Executive Order 12829 (EO 12829). Effective April Department of 1996, USAID entered into agreement with the 2, Defense (DoD) in accordance with EO 12829. This agreement established the terms of DoD's responsibilities to act on behalf of USAID for NISP matters. 13-2. The operating manual for the NISP replaces the DoD references to the Industrial Security Manual. Accordingly, all DoD Industrial Security Manual contained in this DD Form 254 or thy cont co than be in other clauses in this contract shall be substituted with the National Industrial Security Program Operating Manual (DOD 5220.22-м) . 13-3. FAR Clause 52.204-2, Security Requirements, is applicable to this contract. 13-4. The contractor will be responsible for abiding by the policies and procedures contained in the following USAID Automated Directive System (ADS) Chapters: 13-4a. USAID ADS Chapter 565, Physical Security Programs (Domestic) contains the policies and essential procedures for the protection of national security information and employees in the USAID Headquarters building. 13-4b. USAID ADS Chapter 567, Classified Contract Security and Contractor Personnel Security Program, contains the policies and essential procedures for classified contracts and personnel security investigations and clearances for contractor personnel. 13-4C. USAID ADS Chapter 568, National Security Information and Counterintelligence Security Program, contains the policies and essential procedures for the protection of national security mae one are and information contact reporting, and counterintelligence awareness training. 13-4d. USAID ADS Chapter 551, Automated Information Systems Security, contains the policies and essential procedures for the protection of USAID sensitive systems and data. the conditions under which 13-5. USAID ADS Chapter 565 specifies Possession of a the Government will issue a USAID Building Pass. USAID Building Pass is required for unescorted access into the USAID Headquarters building. -=== SUPPLEMENTAL SECURITY GUIDANCE FOR USAID CONTRACT NUMBER RAN-C- 00-03-0001-00 BLOCK #13 OF THE DD FoIm 254 ENTITLED "SECURITY GUIDANCE" CONTINUED: 13-6. In addition to the requirements noted in USAID ADS Chapter 565 and 567, contractor employees who have been granted a security clearance will not be issued a USAID Building pass unless the contractor certifies in writing that the contract employee has signed an SF 312, Classified Information Nondisclosure Agreement, and received an initial security briefing in accordance with Chapter 3 of the NISP Operating Manual (NISPOM). (Note: The Request for Visit Authorization (VAR) serves as this certification that the security training and Non- Disclosure requirements have been met). Interim security. The CTo will determine clearances will be accepted by USAID. whether Contract Hire personnel require a USAID RRB pass. The contractor shall not permit any employee who has not 13-7. been issued a USAID Building Pass by USAID to work in or have routine access in USAID-controlled space. Government will control access to classified national 13-8. The All classified security information by contractor employees. national security information will be properly marked by the All Government prior to disclosure to the contractor. discrepancies, doubts or questions concerning the proper sensitivity or classification level of information by the contractor will be resolved by the designated CO. 13-9. The contractor shall not possess or store any classified national security information or materials in the contractor's controlled space within the U.S. or overseas without the prior approval of the U.s. Government CTO, The Department of State USAID/ SEC. Regional Security Officer (RSO) and 13-10. The contractor shall not reproduce or copy any classified national security information without the prior written authorization from the Government CTO or designee. Upon completion of the contract, all classified material will be returned to the Government. 13-11. The Government will advise the ESO of all security violations by contractor's employee(s) while working in USAID- controlled space. In turn, the FSo must report this incident/violation to their designated DSS representative. 13-12. The contractor may be afforded access to information which is considered sensitive under the Computer Security Act of 1987, Such information is "Sensitive as amended (Public Law 100-235). But Unclassified" (SBU) and shall be safeguarded as specified in The Government will ensure all SBU information 12 FAM 540. provided to the contractor or placed under the control of the contractor is identified as SBU. --- SUPPLEMENTAL SECURITY GUIDANCE FOR USAID CONTRACT NUMBER RAN-C- 00-03-0001-00 BLOCK #13 OF THE DD Form 254 ENTITLED "SECURITY GUIDANCE" CONTINUED: 13-13. The Government CTO or designee will determine which contractor employees are allowed access to USAID sensitive automated information systems. 13-14. The contractor shall ensure that employees given access to SBU information, Government information technology systems sensitive information, and/or routine access to USAID- containing controlled space abide by the provisions of ADS Chapter 551. 13-15. The contractor shall not store any SBU information or materials in the contractor's controlled space without the prior approval of the Government Contracting Technical Officer's Representative (CTO) or designee. contract, all SBU material will be returned to the Government. 13-16. Responsibility to Control Access: It is the contractor's responsibility to ensure that his/her employees do not have access to USAID data, information, network connections, and/or space without the appropriate clearance and that all mandated security procedures are followed. 13-17. The contractor shall ensure that upon termination from the contract his/her employees receive a security debriefing, sign the Security Debriefing Acknowledgement portion of the SE 312, and return the USAID Building Pass to the designated USAID CTO. 13-18. The Contractor shall submit for approval to the Government CTO the security requirements for any Subcontract that the Contractor may employ. 13-19. Any discrepancies, doubts or questions concerning the proper sensitivity or classification level of information provided to the contractor will be forwarded to the CO for resolution. 13-20. The contractor will comply with the Visits and Meeting notification requirements as outlined in paragraph 6-103 inclusive of the National Industrial Security Program Operating Manual. Notifications are to be sent to: U.S. Agency For International Development, Office Of Security, 1300 Penn Ave, N. W., Rm. 2.06-A (RRB), Washington, D.C. 20523-8800. 13-21. Employees working under this contract must have been subject to a background investigation by the Defense Security Service, and awarded the appropriate interim/final security clearance by DISCO prior to the issuance of a USAID/W building pass. = DEPARTMENT OF THE TREASURY WASHINGTON, D.C, 20220 BEAN 85T License No. IQ-2215 IRAgI SANCTIONS REGULATIONS LICENSE Granted under the authority of section 203 of the u.s. International Emergency Economi Powers Act (50.U.S.C. $ 1702), Section 5 of the United Nationa Participation Aot 122 U.S.c 287C), Executive Ordera No. 12722 Of August 2, 1990, NO. 12724 Of Auguet 9, 1990. 12957 of March 15, 1999, No. 12959 of May 6, 1995 and No, 13059 of Auguet 19, 1997. and Part 501, 560 and 575 of Title 31 of the Code of Pederal Régulations., Bureau of Near Eastern Affairs To : Bureau of Population, Refugees and Migration for International Develogment AgenCY U:s. Department of stato Bureau of Econonie Sanctions Policy Kashington, D.C. 20520 1. Based on the 01/23/02 memorandum from the U.S. Department of Etate (the "Memorandum") , th transactions and activitles delineated on the reverse hereof are hereby authorizad.. 2. This license is granted upon the statements and representations made in the Memorandum otherwise filed with or made to che Treally Department aa a supplement to the Memorandum, based on information available to the iceasury department, and is subject to the condition among othere, that all U.s. perions who are state Department of USAID grantees/contractos (the "IsconDosa"") comply with all regulations, ulings, ordexa, and inscructiong issued o of section 203 of the Internationa the U:S. Secietary of the Ireanuty under the authority th Emergency Economic powers Act, sestion 5 of the Uniced Nations Parlicipation Act, arid teIms of thia license. shall furniah and make available for inppection any relevant informatior 3. The ulcenace (a) records or reports requested by the u.s. secretay of the freadury or any duly authorize officer or agency. is not transferable,. and is subject to the terma of executive orders Ne Ihis license =. and instructione iBsued pursuan and any regulations.. rulings, ordere 12722 and 12724. be revoked or modified at any time at the discretion of the U.s. Secretar thereto, and may of the Treasury. 5. Thig license does not excuse compllance with. any, law or regulation administered by tr reguitemerite any other agency (including reporting Office of Foreign Assete herein licensed, nor does it release Ligensee (s) pI thir applicable to the transaction (g) partied from civil or criminal liability for violation of any law or regulation. Isoved by direction and on behalf of the secretary of the Treasury: OFFICE BY Ditector is direcied to 10 V.S. c. $ 1001: 50 U.S.C. $ 1705; 22 U.S.C. § 28701b1: 5 5868 (Attention note; Pub lu. 101-410, 28 U.S.C. 2961 note; and 31 C.F.R. 101-513, 50 U.S.C. $ 1701 relating to penalties.) et ueg., for provisiong ATTACHMENT 2 License No. IQ-2215 Page 2 of 3 SCTION I - AUTHORIZATION: the terms and limitationg of the Ilagi Sanctions (a) subject to Transactions 31 C.F.R. Part Iranian Regulations, 31 C.F.R. Regulations. "Regulationa"), conditiona and limitations, the Licenseas are authorized following humanitarian to engage in all transactions necessary to establish and implement related to provision support, defined and authorized by these grants/contracts, to peoples in and around Irag. goods or technology fu.s. types. (I) NO or foreiga-prigin) ontrolled under the Department of Commerce' a Export Administration Regulations for export to. Irag or on the UN Goods review List may be exported or Ie-exported to Iray, or purchased or used locally in Irag. technology controlled under the Department of Commerce Joods oi a Export Administration Regulations for export to Iran may be exported or re-exported to Ilan, or purchased or used locally in Department certain exports Administration Regulations also re-exports to sytia. (3) Proposals fot the export ot le-axport of any gooda to Irag must Iules and regulations. 1o apply toi un authorization or marcelatetired under applicable un security satnal degulations notification, Peacekeeping Operations, Roón 5323, U.S. Dopattment of'State, Humanitarian NH, Maahington, D.C. 20520 (TED: 202-647-2708, FAX: 647-3261). (4) The Licensees shall take adequate measures to prevent any iteng or local re-export authorized being thei obtained acquited are by the agencies, or instrumentalities. U.S. financial inatitutions are authorized to engage in funde (b) trarsactions authorized connection trangfers or Iranian section 1la) of this license. provided, that no Iraqi or art financial inatitution ot other or instrumentality of agency funds Governments Irag or Iran may participate in any euch transfet. (c) -All transactions pursuant to this license must conform to the provisione of the Regulations, all relevant United Nations Security 6B7 and 1409, and relevant Council Resolutions, including 661, 666, are defined in guidance issued by the 651 Committee, as these terms as well as the provisions of the Trade Sanctions the Regulations, export Enhancement Act of 2000 with and respect to Reform medical aale of agricultural producta, médicine and commercial devicee to Iran. transfer executed pursuant to the terms of this funds Any (d) reference OFAC Licenae No. IQ-2215 or it will muBt license rejected. License No. IQ-2215 Page 3 Of 3 SECTION 2 - RECORDKEEPING AND REPORTING REQUIREMENTS: $ accordance with 31 C.F.R. (a) In 501.602, the Licensee (s) full accurate redotds and to keep hereunder is required of al1 such recorda transactions engaged in undei shall be for examination upon at least 5 made available years of each from the date Licensee (s) transaction. Bhall conceining aty on demand infoimation transaction auchorized tovide thia to 31 C.F.R. purguant license, as requited pursuant to $ 501.602. It is a requirement of this license that the Bureau of NeaI the sureau of Population, Bastern Affaire, Refugees and Migration Department of within two business days after a grant/contract is approved or if a grant is revoked. Each notification is to be cumulative, reflecting Licensees with new Licensees highlighted be submitted to Compliance PIograms Department of 1500 Pennsylvania Avetiue, asterisk, Office of Foreign Datets Co. The notifications are to 'are to reference TreasutY'by email to OfacReport@do.treas.gov and in their, headera the Department of State and License No. IQ-2215 SECTION 3 - CERTIPICATIONI It is a requirement of this license that within ten (10) business of a grant/contract by State/USAID and days of the awarding calendar quarter basis thereatter each licensee certify directly to the Office of Foieign Assets Control that it is and will-continue in accordance to be with all the conditiona set forth herein. The certifications sent by email to OfacReportedo.treas.gov and are to refetence in their headers the Department of state License No. IQ-2215 SECTION 1 - WARNING: expressly authorized by the terms of this license or authorizes this license nor does this license Regulation by the Regulations, authorize any 31 C.F.R. § 575.201. transferee pee blonde put to financial or any person in Iraq ot Iran. SECTIÓN 5 - PRECEDENCI: This license is ladued on a nonprecedential basis. *=*********+**+*I* Tip Sheet USAID or State Department Grantees or Contractors • OFAC License authorizing USAID or State Department grantees or contractors to engage in all transactions necessary to establish and implement programs related to the provision of humanitarian support to the Iragi peoples in and around Irag, subject to the conditions specified in the license, will be provided to the contractor or grantee at the time that USAID or the State Department awards the contract or grant. o Note that licenses provided under this authority cover only activities related to Irag and funded by the State Department or USAID. • Any activities outside the scope of the State Department or USAID grant or contract must be separately licensed. • Licensees (defined in the license to include all persons who are State Department or USAID contractors/grantees) are required to keep full and accurate records of all transactions engaged in under the license, as described in the license. • The licensee must certify to OFAC within ten business days of awarding of the grant/contract, and on a calendar quarterly basis thereafter that it is and will continue to be in accordance with all the conditions set forth in the license directly. The certifications are to be sent by email to <OfacReport@do.treas.gov›, in accordance with the license. Tips for Registration Program • Requires application to OFAC as provided for in OFAC regulations, to be published soon. =+= • May be issued to all NGOs that are involved in humanitarian activities in areas not controlled by the Government of Irag. • "Humanitarian activities" or "humanitarian purposes" means activities for "humanitarian purposes," as that term is defined by the Department of State, for -= ATTACHMEN'T 3 2 relevant UNSC resolutions on Irag, to mean: humanitarian relief, educational, cultural, recreational, and human rights-related activities, and activities to ameliorate the effects of or to investigate war crimes. Such purposes may include preparatory activities and transactions. • Once an NGO registration number is issued, NGOs may engage in transactions related to their humanitarian activities; including the exportation of services, goods, software, or technology to areas of Iraq not controlled by the Government of Iraq and the transfer of funds to and from such territories only for humanitarian purposes. The term "areas of Iraq not controlled by the Government of Iraq" is described to mean, as of January 30, 2003, of areas north of the "Green Line" and under the control the Kurdistan Democratic Party (KDP) or the Patriotic Union of Kurdistan (PUK) in the following provinces of Iraq: Dahuk, Arbil, and Sulaymaniyah. Questions can be addressed to the Office of Northern Gulf Affairs, Bureau of Near Eastern Affairs, Room 4241, U.S. Department of State, 2201 C Street NW, Washington, DC 20520; Tel: 202- 647-5692. Any changes to the description of this term will be posted on the Department of State web site at: <www.state.gov>. Additional Tips for Both Programs • State Department and USAID grantees or contractors and any NGO issued an NGO registration number are subject to all terms of the applicable licenses or regulatory conditions, and must comply with all regulations, rulings, orders, and instructions issued by the u.s. Secretary of the Treasury under the authority of section 203 of the International Emergency Economic Powers Act and section 5 of the United Nations Participation Act. • Exports and re-exports to Iraq or Iran, or purchase or use locally in Iraq or Iran, of any goods and technology, regardless of origin, of the type controlled under the Department of Commerce's Export Administration Regulations for export to any terrorist list state, or, in the case of Irag, on the UN Goods Review List, are not permitted. 3 • It a State Department or USAID grantee/contractor or NGO registration number recipient is uncertain-as to whether a particular item is controlled for export to either Iran or Iraq and would like a classification, it may submit a complete description of the item, including technical specifications to the U.S. Department of Comnerce, Tel: (202) 482- 4252 (Karen Nies-Vogel or Susan Daoussi). • Proposals for the export or re-export of any goods to Irag must be submitted to the UN 661 Committee in accordance with relevant UN Security Council resolutions and relevant UN 661 Committee procedures. • Completed applications for exports of goods from the United States should be submitted to the Office of Peacekeeping and Humanitarian Operations, Room 5323, U.S. Department of State, 2201 C Street NW, Washington, DC 20520 (TEL: 202-647-2708, FAX: 202- 647-3261) . Applications must include an Excel spreadsheet attachment. Applications and spreadsheet attachments may be downloaded from the UN's Oil-For- Food web site at www.un.org/depts/oip/. Guidelines for completing the forms are. also accessible on the web site. Exports are authorized only upon delivery of the approved or notified application from the Department of State. • UN applications for seeking approval for or providing notification of the export of goods from other countries should be submitted through the other country's mission to the United Nations. • Iravel Advisories: The Department of State urges all NGOs/Contractors to frequently check Travel Advisories at <www.travel.state.gov>. All travelers are reminded that conditions are uncertain, even in these areas, and up-to- date information should be sought from local contacts. Passport Validation: The current Travel Warning for Iraq warns U.S. citizens to avoid travel to Iraq and those in country to depart. Conditions throughout Iraq remain unsettled and dangerous. Due to the temporary closure of the U.S. Interests Section at the Embassy of the consular republic of Poland in Baghdad, there are no services available to U.S. citizens in Irag. On Febraury 8, 1991, U. S. passports ceased to be valid for --. 4 travel to, in or though Iraq and may not be used for that purpose unless a special validation has been obtained from the U.S. Department of State. Without the requisite validation, use of a U. S passport for travel to, in or through Iraq may constitute a violation of 18 U.S. C. 1544, and may be punishable f a fine and/or imprisonment. Should you wish to apply for a validation, you must submit an application to the Deputy Assistant Secretary for Passport Services, U.S. Department of State, 2401 E Street NW, gth floor Wash DC, 20522-0907. The envelope should be marked for the attention of the Office of Passport Policy and Advisory Services. • Requests must include the applicant's name, date and place of birth, U.s. passport numbers and when they are traveling and the purpose of the trip. Issuance of any license or registration from OFAC does not in any way create a presumption in favor of passport validation. Tips for Survey/Assessment Missions • All NGOs involved in humanitarian activities eligible: • Can be used for travel to Iraq and Iran. • Funds may be transferred to Iran or Irag only for "humanitarian purposes," as that term is defined by the Department of State, for relevant UNSC resolutions. on Irag, to mean: humanitarian relief, educational, cultural, recreational, and human rights-related activities, and activities to ameliorate the effects of or to investigate war crimes. Such purposes may include preparatory activities and transactions. • Any funds transferred to Iran or Iraq may only be used for travel-related transactions, such as airplane, taxi, auto rental, communications and hotel charges, as well as for needed personal services (guides, interpreters, taxes and the payment of required official tees ad Funds may not be used to open offices or to establish permanent facilities of any kind, or to locally purchase any goods or technology in Iraq or Iran of any kind, except usual and reasonable personal effects for personal use. --= 5 • No exports or re-exports to Iran or Iraq are permitted, except for those items intended for temporary use, as personal baggage, by the mission representatives, provided that such items are either consumed during the visit or returned with the representatives at the end of the visit, and further provided that any such personal items, regardless of origin, are not of the type controlled under the Department of Commerce's Export Administration Regulations for export to any terrorist- list state or in the case of Iraq, goods that are. on the UN Goods Review List (GRL) • Any request to export or re-export to Iraq or Ixan any goods or technology as part of a survey or assessment mission will require separate OFAC authorization and must be in accordance with U.S. law and any relevant UN resolutions and 661 Committee rules and Security Council regulations. Note This. document is subject to change, is intended only for general informational purposes, and does not in any way supercede or substitute for applicable laws and regulations. (Revised 2/12/2003) SMALL BUSINESS SUBCONTRACTING PLAN Identification Data DATE: April 23, 2003 CONTRACTOR: Abt Associates Inc. 4800 Montgomery Lane, Suite 600 ADDRESS: Bethesda, MD 20814 SOLICITATION OR CONTRACT NUMBER: REP N° M/OP-03-8520 PROJECT TITLE: Health System Strengthening in Post Conflict Iraq Base Period Option Option TOTAL AMOUNT OF $37,818,278 CONTRACT 4/1/2003 to to to PERIOD OF PERFORMANCE 3/31/2004 (MO. & YR.) Tvpe of Plan 1. Individual plan means a subcontracting plan that applies to a specific contract, covers the entire contract period (including option periods), and has goals that are based on Abt Associates planned subcontracting in support of the specific contract. In addition and as an option, indirect costs incurred for common or joint purposes may also be allocated on a prorated basis to the contract. 2. Goals (1) (4) --- rev 043002 ATTACHMENT 4 Base Option Option SUBCONTRACTING GOALS $$ $$ $$ % % % Total Subcontract Awards: $ $ • Direct US subcontracting: (b) (4) $ $ • Indirect US subcontracting: $0 $0 Total (block 10c of SF 294): 100% 100% (D) (4) Small Business: • Direct Small Business: $ (b) (4) $ $ • Indirect Small Business: $0 (b) (4) $ 0 Total (block 10a of SF 294): 0.0% 0.0 % SDB: $ • Direct SDB: (b) (4) $ $ • Indirect SDB: $0 :- 0.0% .: *x:0:0% $ 0 Total (block 11 of SF 294): (6) (4) Women-owned SB: $ $ • Direct WOSB: (b) (4) $ • Indirect WOSB: 0.0% $ 0 (D) (4) Total (block 12 of SF 294): $ 0 0.0% HB CU/MI: $ • Direct HBCU/MI: (b) (4) $ $ • Indirect HBCU/MI: $00. ..-" $0. Total (block 13 of SF 294): - 0:0%. 300%. HUBZone SB: $ $ • Direct HUBZone: $ (0) (4) $ • Indirect HUBZone: $ 0 2 0.0% Total (block 14 of SF 294): SO2T2 100% n Veteran Owned SB: $ $ • Direct VOSB: (b) (4) $ • Indirect VOSB: $ 0 - 0.0% $ 0 Total (block 15 of SF 294): 4423 00% Service Disabled Vet. SB: $ $ • Direct SDVSB: (b) (4) $ $ • Indirect SDVSB: 0.0% $ 0 Total (block 15 of SF 294): 0.0 % $ 0 (D) (4) 2 rev. 043002 Types of Supplies and Services 3. A description of the principal types of supplies and services to be subcontracted, and an identification of the business size planned for subcontracting to -- (check all that apply) HCBU SDVEI Subcontracted /MI SDB WOSB SB SB HUBZ VETSB Product/Service: Name: D Techncial Howard Delafield Assistance International Health Services Techncial X Assistance Engineering Inc. Recruitment, HR First screeneing, assessment Techncial Huffman and Assistance Carpenter Mill City L X Procurement services X D QED Techncial Assistance D Trans Century Procurement services International Techncial Assistance Medical Corps Voxiva X Techncial Assistance J (attach list if needed) Note: Will be identified through Abt Associates' Small Business Database as requirements are defined. Methods 4. The following methods have been used to develop the subcontracting goals for Section 2 above: Abt Associates' methods for developing the small business subcontracting goals on this project come from direct experience with this type or similar type project. This gives us insight into what can be reasonably subcontracted to small business, small disadvantaged business, women-owned small business, veteran owned small business. or HUBZone small business concerns (and as applicable HCBU/MI) in this industry, what goals are realistically achievable, and what expertise is required to find a qualified small business firm for a particular service or product. Abt Associates' approach generally comprises: • extensive review of expertise required to determine small business possibilities; • identifying selected tasks which could be subcontracted directly to small business concerns or tasks that lend themselves to project specific staff augmentation; • reviewing services and/or materials estimates to equates accurate dollar values to rev. 043002 services planned irom small business firms; reviewing Abt Associate's small business utilization programs and results to identify areas of success and lessons leamed; and • utilizing other Abt Associates resources for additional information on potential candidates. Potential Sources The following sources have been utilized to identify potential sources for solicitation purposes: internal company source lists, the Procurement Marketing and Access Network (PRO-Net) of the Small Business Administration (SBA), the list of certified small disadvantaged business concerns of the SBA, the partnership of veterans affairs website of the SBA, the National Minority Purchasing Council Vendor Information Service, the Research and Information Division of the Minority Business Development Agency in the Department of Commerce, and/or small, HUBZone small, small disadvantaged, and women-owned small business trade associations). Indirect Costs Indirect costs have been have not been X included in the dollar subcontracting goals stated above (check one). (Applicable if indirect costs been included): Abt Associates business practice is to utilize small business, HUBZone small business, small disadvantaged business, veteran owned small business, and women-owned small business concerns as vendors to the greatest extent possible in the course of normal business. The dollars planned for small business, HUBZone small business, small disadvantaged, veteran owned, and women-owned small business concerns are based on the estimated percentages of indirect dollars that are targeted for outsourcing to such firms. These percentages have been applied to the total estimated indirect dollar value of the budget for this project. Since the indirect dollar value consists of a combination of labor and non-labor related elements, it is important to note that only the non-labor related portion of the indirect costs (historically approx. 40% of the total) are available for outsourcing initiatives. Program Administrator 7. The identified Abt Associates employee, in conjunction with the Company's Small Business Programs Manager, will administer the duties and responsibilities associated with the subcontracting program. Name: George A. Laudato Title: Managing Vice President for International Health Address: 4800 Montgomery Lane, Suite 600, Bethesda, MD 20814 Telephone: 301 913 0539 Responsibilities: (1) ensure maximum equitable subcontracting opportunities are provided to small business, HUBZone small business, small disadvantaged business, veteran owned 4 rev. 043002 small business, and women-owned small business concerns; and (2) achieve subcontracting goals. Equitable Opportunity 8. Abt Associates is undertaking the following efforts to assure that small business, HUBZone small business, veteran owned small business, small disadvantaged business, and women-owned small business concerns have an equitable opportunity to compete for subcontracts. These efforts include, but are not limited to, the following activities: Outreach efforts to obtain sources: A. 1. Contacting minority and small business trade associations; 2. Contacting business development organizations; Attending and conducting small and minority business procurement Requesting sources from the Small Business Administration's Procurement 4. Marketing and Access Network (PRO-Net); and Newspaper, magazine ads which encourage new sources Internal efforts to guide and encourage participation: B. Presenting workshops, seminars, and training programs; 2. Establishing, maintaining, and using small business, HUBZone small business, small disadvantaged business, veteran owned small business, and women-owned small business source lists, guides, and other data for soliciting subcontracts; 3. Monitoring activities to evaluate compliance with the subcontracting plan; 4. Small Business Programs newsletter to appraise staff of ongoing efforts. Flow-Down Clause In addition to our internal activities, Abt Associates gives assurance to include the FAR • clause 52.219-8 entitled "Utilization of Small Business Concerns", in all subcontracts that offer further subcontracting opportunities, and will require all subcontractors (except small business concerns) that receive subcontracts in excess of $500,000 to adopt a subcontracting plan (52.219-9) similar to the plan that complies with the requirements of this Contract. •=. 10, Reporting and Cooperation Abt. Associates gives assurance to i) cooperate in any studies or surveys that may be required; (ii) submit periodic reports so the Government can determine the extent of compliance by the offeror with the subcontracting plam; (iti) submit Standard Form (SF) "Subcontracting Report for Individual Contracts," and SF-295, "Summary Subcontract Report," in accordance with the instructions on the forms or as provided in agency regulations; and (iv) ensure that its subcontractors agree (as applicable) to submit SF 294 and SF 295. 5 rev. 043002 11. Recordkeeping The following types of records are maintained at Abt Associates to ensure compliance with the requirements and goals in the plan. These records include source lists, a description of Abt Associates efforts to locate small business, HUBZone small business, veteran owned small business, small disadvantaged business, and women-owned small business concerns and award subcontracts to them. The records (maintained on a corporate or by contract basis) also include the following (i) Source lists (e.g., PRO-Net), guides, and other data that identify small business, HUBZone small business, small disadvantaged business, veteran owned small business, and women-owned small business concerns. (ii) Organizations contacted in an attempt to locate sources that are small business, HUBZone small business, small disadvantaged business, veteran owned small business, or women-owned small business concerns. Records on each solicitation resulting in an award over $100,000 indicating -- (iii) A. Whether small business concerns were solicited and if not, why not; Whether HUBZone small business concerns were solicited and if not, why B. not; C. Whether small disadvantaged business concerns were solicited and if not, why not; D. Whether women-owned small business concerns were solicited and if not, why not; E. Whether veteran owned small business concerns were solicited and if not, why not; and F. If applicable, the reason award was not made to a small business concern. Records of any outreach efforts to contact - (iv) Trade associations; A. B. Business development organizations; and C. Conferences and trade fairs to locate small, HUBZone small, small disadvantaged, veteran owned small business, and women-owned small business sources. Records of internal guidance and encouragement provided to-buyers through - (v) A. Workshops, seminars, training, etc., and B. Monitoring performance to evaluate compliance with the program requirements. On a contract-by-contract basis, records to support subcontract award data (vi) submitted by Abt Associates to the Government, including the name, address and business size of each subcontractor. 6 rev. 043002 Contractor Functions 12. In order to effectively implement this plan to the extent consistent with efficient contract performance, Abi Associates shall perform the following functions: (i) Assist small business, HUBZone small business, veteran owned small business, small disadvantaged business, or women-owned small business concerns by arranging solicitations, time for the preparation of bids, quantities, specifications, and delivery schedules so as to facilitate the participation by such concerns. Reasonable efforts shall be made to give all such concerns an opportunity to compete over a period of time. (ii) Provide adequate and timely consideration of the potentialities of small business, HUBZone small business, small disadvantaged business, veteran owned small business, or women-owned small business concerns in all "make-or-buy" decisions. (iti) Counsel and discuss subcontracting opportunities with representatives of small business, HUBZone small business, veteran owned small business, small disadvantaged business, or women-owned small business firms. (iv) Provide notice to subcontractors concerning penalties and remedies for misrepresentations of business status as small, HUBZone small, veteran owned small business, small disadvantaged or women-owned small business for the purpose of obtaining a subcontract that is to be included as part or all of a goal contained in the Contractor's subcontracting plan. 13. Reports Abt Associates shall submit the following reports: (i) Standard Form 294, Subcontracting Report for Individual Contracts. This report shall be submitted to the Contracting Officer semiannually and at contract completion. The report covers subcontract award data related to this contract. (ii) Standard Form 295, Summary Subcontract Report. This report encompasses all the contracts with the awarding agency. It shall be submitted annually. All reports submitted at the close of each fiscal year shall include a breakout of subcontract awards, in whole dollars, to small disadvantaged business concerns by Standard Industrial Classification (SIC) Major Group. Subcontracting Plan submitted by: George A. Laudato Typed Namne: Title: Managing Vice President for International Health rev. 043002 Signature: Gauge A. Landarto 3/17/2003 Date Prepared: Telephone No.: 301 913 0539 Subcontracting Plan accepted by: Contracting Officer Date rev. 043002 sle 1: Indicator Monitorins Hospital care available for advanced medical surgical cases • functioning hospitals and beds Fully operational health facilities • # functioning primary care sites • # reported "stock-outs" of essential medications • # unique patient encounters • # clinic visits • # of provider training activities focused on patient management and intake protocols • Audit results of patient management and intake protocols • # of facilities that have been trained in triage and referral protocols • Total amount of equipment/supplies/ pharmaceuticals allocated with sub analysis for private sector. • Health resource allocation tracking report * Basic health care (Note utilization indicators will reflect maternal and child visits uniquely) # primary and preventive patient encounters # unique patient encounters # clinic visits Maternal and child health care (See also utilization indicators) # of facilities performing basic and comprehensive emergency OB care # of children fully immunized with EPI vaccines Health information and education # and type of IEC campaigns directed to household production of health. Health system management System and disease surveillance data available to health system managers • Iraqi participation in all planning for health system development • Health resource tracking report available within 6 months of the project Donor activity tracking report available within 6 months of the project. --= ATTACHMENT 5