ISSUANCE DATE: March 04, 2003 CLOSING DATE: March 17, 2003 CLOSING TIME: 10:00 AM (US Eastern Time) Subject: Request for Proposal (RFP) Number M/OP-03-EDU2 - Revitalization of Iraqi Schools and Stabilization of Education (RISE) The United States Government, represented by the U.S. Agency for International Development (USAID), is seeking proposals from organizations interested in providing the services described in the attached solicitation. If you decide to submit a proposal, it must be submitted in accordance with the attached solicitation and received in at the USAID offices, 1300 Pennsylvania, NW, Office of Procurement, M/OP/EER/DGLA, Rm. 7.09-071 Ronald Reagan Building (RRB) in Washington, DC 20523-7803 no later than the date and time indicated above.
If hand-carried or special courier, deliver the package to 1300 Pennsylvania, NW, the 14th Street entrance lobby of the RRB in Washington, DC.
Please see Section L for proposal preparation instructions. Proposals will be evaluated in accordance with factors included in Section M of the solicitation. Sections B through J of the solicitation will become the contract, with blanks completed by the Contracting Officer based on the successful proposal.
The procedures set forth in FAR Part 15 shall apply.
This solicitation in no way obligates USAID to award a contract, nor does it commit USAID to pay any cost incurred in the preparation and submission of the proposal. USAID anticipates one award under this solicitation.
A pre-bid meeting has been scheduled for Friday, March 7, 2003 at 11:00am at the Ronald Reagan Building, AA/ANE Conference Room No. 4.09-032, 1300 Pennsylvania Avenue, NW, Washington, DC. Potential offerors should be prepared to submit a written set of questions, if applicable, that will be discussed at the meeting.
Firms who plan to participate in the pre-bid conference on Friday, March 7, 2003 at 11:00am, should provide names of attendees by mid-afternoon on Thursday, March 6, 2003 to .
at:@usaid.gov. Firms should prepare to bring no more than two individuals for participation in the pre-bid conference and such individuals should plan to arrive at the Ronald Reagan Building by 10:45am for pre-clearance. Questions related to attendance at the pre-bid conference can be directed to at
The questions should be addressed to , Contracting Officer, USAID/Office of Procurement, M/OP/EER/DGLA. Ms. can be reached via e-mail at @usaid.gov or via facsimile at (202) 216-. Offerors should retain for their records copies of any and all enclosures which accompany their proposals.
Sincerely,
Contracting Officer
Office of Procurement
M/OP/EER/DGLA
SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED ORDER
UNDER DPAS (15 CFR 700)
RATING PAGE OF PAGE(S)
2. CONTRACT NO. 3. SOLICITATION NO. 4. TYPE OF SOLICITATION SEALED BID (IFB)
X NEGOTIATED (RFP)
5. DATE ISSUED MAR 04, 2003
6. REQUISITION/PURCHASE NO.
7. ISSUED BY CODE U.S. Agency for International Development Office of Procurement, M/OP/EER/DGLA, Rm. 7.09-071 1300 Pennsylvania Avenue, RRB Washington, D.C. 20523-7803
8. ADDRESS OFFER TO (If other than Item 7) NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder” USAID, Office of Procurement M/OP/EER/DGLA, Rm. 7.09-071 1300 Pennsylvania Avenue, RRB W hi t D C 20523 7803 SOLICITATION
9. Sealed offers in original and 3 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in Item 8. until 10:00 AM local time March 17, 2003 . CAUTION LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No.
52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.
10. FOR INFORMATION
CALL:
A. NAME B. TELEPHONE NO. (NO COLLECT CALLS) C. E-MAIL ADDRESS
Intl CODE 202
NUMBER EXT.
11. TABLE OF CONTENTS
(x) SEC. DESCRIPTION PAGE(S) (x) SEC. DESCRIPTION PAGE(S) PART I - THE SCHEDULE PART II – CONTRACT CLAUSES A SOLICITATION/CONTRACT FORM I CONTRACT CLAUSES I-1 B SUPPLIES OR SERVICES AND PRICE/COST B-1 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.
C DESCRIPTION/SPECS./WORK STATEMENT C-1 J LIST OF ATTACHMENTS J-1
D PACKAGING AND MARKING D-1 PART IV – REPRESENTATIONS AND INSTRUCTIONS
E INSPECTION AND ACCEPTANCE E-1
K REPRESENTATIONS, CERTIFICATIONS AND OTHER
STATEMENTS OF OFFERORS
K—1
F DELIVERIES OR PERFORMANCE F-1
G CONTRACT ADMINISTRATION DATA G-1 L INSTRS., CONDS., AND NOTICES TO OFFERORS L-1
H SPECIAL CONTRACT REQUIREMENTS H-1 M EVALUATION FACTORS FOR AWARD M-1
OFFER (Must be f ul l y com pl eted by of f eror ) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.
12. In compliance with the above, the undersigned agrees, if this offer is accepted within _____ calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.
13. DISCOUNT FOR PROMPT PAYMENT
(See Section I, Clause No. 52.232-8) 10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) % % 30 CALENDAR DAYS (%) CALENDAR DAYS (%) % %
14. ACKNOWLEDGMENT OF AMENDMENTS (The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated:
AMENDMENT NO. DATE AMENDMENT NO. DATE
15A. NAME AND
ADDRESS
OF OFFEROR
CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 15B. TELEPHONE NUMBER AREA CODE NUMBER EXT.
15C. CHECK IF REMITTANCE ADDRESS
IS DIFFERENT FROM ABOVE – ENTER
SUCH ADDRESS IN SCHEDULE.
17. SIGNATURE 18. OFFER DATE
AWARD ( To be com pleted by G overnment )
19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION
22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( )
23. SUBMIT INVOICES TO ADDRESS SHOWN IN (4 copies unless otherwise specified) ITEM
24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE
26. NAME OF Contracting Officer (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE (Signature of Contracting Officer) IMPORTANT: Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition not usable.
33-133 STANDARD FORM 33 (Rev. 9-97) Prescribed by GSA FAR (48 CFR) 53.214(c)
Table of Contents Page
SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS......................................................B-1
B.1 PURPOSE..........................................................................................................................................B-1 B.2 CONTRACT TYPE...........................................................................................................................B-1 B.3 SUPPLIES AND SERVICES........................ ....................................................................................B-1 B.4 ESTIMATED COST, FIXED FEE, AND OBLIGATED AMOUNT...............................................B-1 B.5 BUDGET ...........................................................................................................................................B-2 B.6 INDIRECT COSTS ...........................................................................................................................B-4 B.7 ADVANCE UNDERSTANDING ON CEILING INDIRECT COST RATES AND FINAL REIMBURSEMENT FOR INDIRECT COSTS.................................................................B-4 B.8 COST REIMBURSABLE.................................................................................................................B-4 B.9 PAYMENT........................................................................................................................................B-4
SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK ........................... C-1
SECTION D - PACKAGING AND MARKING ............................................................................... D-11
D.1 AIDAR 752.7009 MARKING (JAN 1993)................................................................................... D-11
SECTION E - INSPECTION AND ACCEPTANCE...........................................................................E-1
E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE .....................E-1
E.2 INSPECTION AND ACCEPTANCE................................................................................................E-1
SECTION F - DELIVERIES OR PERFORMANCE ..........................................................................F-1
F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE ..................... F-1
F.2 PERIOD OF PERFORMANCE......................................................................................................... F-1 F.3 PERFORMANCE STANDARDS ..................................................................................................... F-1 F.4 REPORTS AND DELIVERABLES OR OUTPUTS......................................................................... F-1 F.5 PROGRESS REPORTING REQUIREMENTS................................................................................. F-1 F.6 KEY PERSONNEL............................................................................................................................ F-2 F.7 SUBMISSION OF DEVELOPMENT EXPERIENCE DOCUMENTATION TO PPC/CDIE/DI.... F-2
SECTION G - CONTRACT ADMINISTRATION DATA ................................................................ G-1
G.1 ADMINISTRATIVE CONTRACTING OFFICE............................................................................ G-1
G.2 COGNIZANT TECHNICAL OFFICER (CTO) .............................................................................. G-1 G.3 TECHNICAL DIRECTIONS/RELATIONSHIP WITH USAID..................................................... G-1 G.4 PAYING OFFICE ............................................................................................................................ G-2 G.5 ACCOUNTING AND APPROPRIATION DATA.......................................................................... G-2 G.6 CONTRACTOR’S PAYMENT ADDRESS......................................................................................G-2
SECTION H - SPECIAL CONTRACT REQUIREMENTS.............................................................. H-1
H.1 AIDAR 752.7032 INTERNATIONAL TRAVEL APPROVAL AND NOTIFICATION
REQUIREMENTS AND AIDAR 752.7027 PERSONNEL .................................................................... H-1
H.2 INSURANCE AND SERVICES...................................................................................................... H-1 H.3 AUTHORIZED GEOGRAPHIC CODE.......................................................................................... H-1 H.4 NONEXPENDABLE PROPERTY PURCHASES AND INFORMATION TECHNOLOGY RESOURCES...................................................................................................... H-2 H.5 LOGISTIC SUPPORT...................................................................................................................... H-2 H.6 PERSONNEL COMPENSATION................................................................................................... H-2 H.7 SUBCONTRACTING PLAN AND THE SF 294 – SUBCONTRACTING REPORT FOR INDIVIDUAL CONTRACTS AND SF 295 – SUMMARY CONTRACTING REPORT ............ H-3 H-8 AIDAR 752.7004 EMERGENCY LOCATOR INFORMATION (JULY 1997).............................H-3 H-9 SECURITY REQUIREMENTS........................................................................................................H-4
Page
PART II - CONTRACT CLAUSES.......................................................................................................I-1
SECTION I - CONTRACT CLAUSES ................................................................................................I-1 I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE .......................I-1 I.2 52.204-1 APPROVAL OF CONTRACT (DEC 1989) ......................................................................I-3 I.4 RESERVED..........................................................................................................................................I-4 I.5 52.232-25 PROMPT PAYMENT (FEB 2002) ..................................................................................I-5 I.6 52.246-24 LIMITATION OF LIABILITY--HIGH-VALUE ITEMS (FEB 1997) ALTERNATE I (APR 1984).................................................................................................I-8 I.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998).......................................I-10 I.8 AIDAR 752.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL DISADVANTAGED BUSINESS CONCERNS..............................................................I-10 I.9 USAIDAR 752.7032 INTERNATIONAL TRAVEL APPROVAL AND NOTIFICATION REQUIREMENTS (JAN 1990) ..................................................................................I-11 I.10 52.228-3 WORKERS' COMPENSATION INSURANCE (DEFENSE BASE ACT) (APR 1984)...............................................................................................................................................I-11 I.11 COMMUNICATIONS PRODUCTS (OCT 1994) ..........................................................................I-11 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS ...................... J-1
SECTION J - LIST OF ATTACHMENTS........................................................................................... J-1 PART IV - REPRESENTATIONS AND INSTRUCTIONS ............................................................ K-2
SECTION K - REPRESENTATIONS, CERTIFICATIONS AND
OTHER STATEMENTS OF OFFERORS .......................................................................................... K-2 K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE........ K-2 K.2 52.204-3 TAXPAYER IDENTIFICATION (OCT 1998) .............................................................. K-2 K.3 52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (APR 2001) ............................. K-3 K.4 52.215-6 PLACE OF PERFORMANCE (OCT 1997) .................................................................... K-4 K.5 52.219-22 SMALL DISADVANTAGED BUSINESS STATUS (OCT 1999)............................... K-5 K.6 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)................. K-5 K.7 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)............................................. K-6 K.8 52.226-2 HISTORICALLY BLACK COLLEGE OR UNIVERSITY AND MINORITY INSTITUTION REPRESENTATION (MAR 2001)........................................................... K-5 K.9 52.227-15 STATEMENT OF LIMITED RIGHTS DATA AND RESTRICTED COMPUTER SOFTWARE (MAY 1999)...................................................................... K-6 K.10 52.230-1 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION (JUNE 2000)......................................................................................................................................K-6 K.11 INSURANCE - IMMUNITY FROM TORT LIABILITY............................................................. K-9 K.12 AGREEMENT ON, OR EXCEPTIONS TO, TERMS AND CONDITIONS................................K-9 K.13 COMPLIANCE WITH VETERANS EMPLOYMENT REPORTING REQUIREMENTS ......... K-9 K.14 SIGNATURE.................................................................................................................................. K-9
SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS ...................L-11
L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE .......L-11
L.2 52.215-20 REQUIREMENTS FOR COST OR PRICING DATA OR
INFORMATION OTHER THAN COST OR PRICING DATA (OCT 1997) .......................................L-11
L.3 52.216-1 TYPE OF CONTRACT (APR 1984)................................................................................L-2 L.4 52.233-2 SERVICE OF PROTEST (AUG 1996).............................................................................L-2
Page
L.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)...L-3
L.6 GENERAL INSTRUCTIONS TO OFFERORS...............................................................................L-3
L.7 52.232-38 SUBMISSION OF ELECTRONIC FUNDS TRANSFER INFORMATION WITH OFFER
(MAY 1999)..............................................................................................................................................L-6 L.8 PROPOSAL DELIVERY INSTRUCTIONS....................................................................................L-6 L.9 GENERAL INSTRUCTIONS TO OFFERORS...............................................................................L-8 L.10 INSTRUCTIONS FOR THE PREPARATION OF THE TECHNICAL PROPOSAL..................L-8 L.11 INSTRUCTIONS REGARDING KEY PERSONNEL..................................................................L-9 L.12 INSTRUCTIONS FOR THE PREPARATION OF THE COST PROPOSAL..............................L-9 L.13 SMALL BUSINESS PARTICIPATION........................................................................................L-11 L.14 FREIGHT DELIVERY REQUEST FORM....................................................................................L-12
SECTION M - EVALUATION FACTORS FOR AWARD .............................................................. M-1
M.1 EVALUATION CRITERIA ............................................................................................................M-1 M.2 TECHNICAL EVALUATION CRITERIA.....................................................................................M-1 M.3 COST EVALUATION CRITERIA ...............................................................................................M-24 M.4 CONTRACT WTIH SMALL BUSINESS CONCERNS AND DISADVANTAGED ENTERPRISES.........................................................................................................................................M-2 M.5 ADJECTIVAL PARKING...............................................................................................................M-2 M.6 CONTRACT AWARD.....................................................................................................................M-3 ATTACHMENT 1. - IDENTIFICATION OF PRINCIPAL GEOGRAPHIC CODE NUMBERS ATTACHMENT 2. - USAID FORM 1420-17 - CONTRACTOR BIOGRAPHICAL DATA SHEET ATTACHMENT 3. - SF LLL - DISCLOSURE OF LOBBYING ACTIVITIES ATTACHMENT 4. - CERTIFICATE OF CURRENT COST AND PRICING DATA ATTACHMENT 5. - MODEL SMALL BUSINESS/SMALL DISADVANTAGED SUBCONTRACTING PLAN ATTACHMENT 6. - SF 294 - SUBCONTRACTING REPORT FOR INDIVIDUAL CONTRACTS ATTACHMENT 7. - AID 1420 - 65 AID CONTRACTOR EMPLOYEE PHYSICAL EXAMINATION FORM ATTACHMENT 8 – IRAQI OFAC LICENSE AND TIP SHEETS ATTACHMENT 9 - STANDARDS FOR PUBLICATION AND VIDEO PRODUCTION
M/OP-03-EDU2 SECTION B
PART I - THE SCHEDULE
SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS
B.1 PURPOSE
The purpose of this contract is to procure and provide technical and other assistance to facilitate rapid school enrollment and retention in primary and secondary schools.
B.2 CONTRACT TYPE
This is a Cost-Plus-Fixed-Fee (CPFF) Level of Effort (LOE) term contract. For the consideration set forth below, the Contractor shall provide the deliverables or outputs described in Section C in accordance with the performance standards specified in Section C.
B.3 SUPPLIES AND SERVICES
For the consideration set forth below, the Contractor shall, during the period specified in Section F. of this contract, provide the following services and deliver the following reports and other deliverables:
(a) Services
The contractor shall provide 4,420 total workdays of direct employee, consultant and/or subcontract labor, to perform the Statement of Work as further described in Section C. of this contract.
(b) Reports and Other Deliverables The Contractor shall deliver the quantities or reports and other deliverables as specified in Section C. and F. of this contract.
B.4 ESTIMATED COST, FIXED FEE, AND OBLIGATED AMOUNT
(a) The total estimated cost for the performance of the work required hereunder, exclusive of fixed fee, if any, is ______________. The fixed fee, if any, is _________________. The total estimated cost plus fixed fee, if any, is ______________.
(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 $.00. The Contractor shall not exceed the aforesaid obligated amount.
(c) The funds currently available and obligated under this contract are __________ . The Contractor shall not exceed this amount unless approved in writing by the Contracting Officer as provided in the clause of this contract entitled “Limitation of Cost.”
M/OP-03-EDU2 SECTION B
B.5 BUDGET
B. 5. (a) The following itemized budget sets forth the estimates for reimbursement of dollar costs for individual line items of cost, and the fixed fee, if any, for providing the services and other deliverables specified in this contract. Without the prior written approval of the Contracting Officer, the Contractor may not exceed the total estimated cost set forth in Section B.3.(a) above, or the obligated amount set forth in Section B.3.(b) above, whichever is less.
B. 5. (b) ITEMIZED BUDGET Base Period OPTION YR 1 OPTION YR 2 CLIN 0001 – SALARIES/WAGES Functional Labor Category and Specialist Workdays-Base Period Workdays Workdays Ordered (12 months) Ordered Option YR 1 Ordered Option YR 2 Project Director (Washington) $__________ 260 $ _________ 260 $ _________ 260 Chief of Party (Field) $__________ 260 $ _________ 260 $ _________ 260 Senior Education Advisors (2) $__________ 520 $ _________ 260 $ _________ 260 Senior Education Planners (3) $ __________ 780 $ _________ 260 $ _________ 260 Education Development Professionals (7) $__________ 1,820 $__________ 260 $ _________ 260 Consultants $__________ 260 $ _________ $ _________ Administrative Staff $__________ 260 $__________ 260 $ _________ 260 Third Country Nationals $__________ 260 $__________ $ _________ CLIN 0001 – SALARY/WAGES TOTAL ESTIMATED COST CLIN 0001 BASE PERIOD OPTION YR 1 OPTION YR 2 $________________ $_______________ $_______________
M/OP-03-EDU2 SECTION B
CLIN 0002 – FRINGE BENEFITS
BASE PERIOD
TOTAL ESTIMATED COST
CLIN 0002
OPTION YR 1
$________________
$_______________
CLIN 0003 – OVERHEAD
TOTAL ESTIMATED COST
CLIN 0003
BASE PERIOD
OPTION YR 1
$________________
$_______________
CLIN 0004 – OTHER DIRECT
COSTS
BASE PERIOD
(Includes Vehicle Purchase, travel, ..) TOTAL ESTIMATED COST CLIN 0004 $.
OPTION YR 1
$.
CLIN 0005 – SUB-CONTRACTS/
BASE PERIOD
SUB-GRANTS
$.
OPTION YR 1
$.
TOTAL ESTIMATED COST
CLIN 0005
CLIN 0006 – KITS for School CHILDREN BASE PERIOD OPTION YR 1 TOTAL ESTIMATED COST CLIN 0006 $.
$.
CLIN 0007 – MATERIALS,
BASE PERIOD
EQUIPMENT/SUPPLIES FOR SCHOOLS
TOTAL ESTIMATED COST
CLIN 0007
$.
OPTION YR 1
$.
CLIN 0008 – G&A
TOTAL ESTIMATED COST
CLIN 0008
BASE PERIOD
OPTION YR 1
$________________
$_______________
CLIN 0009 – FIXED FEE
TOTAL ESTIMATED COST
CLIN 0009
BASE PERIOD
$________________
OPTION YR 1
$_______________
TOTAL ESTIMATED COST
BASE PERIOD
OPTION YR 1
(CLIN 0001-0009)
$________________
$_______________
TOTAL ESTIMATED COST PLUS
FIXED FEE
(CLIN 0001-00010)
BASE PERIOD
$________________
OPTION YR 1
$_______________
OPTION YR 2
$_______________
OPTION YR 2
$_______________
OPTION YR 2
$.
OPTION YR 2
$.
OPTION YR 2
$.
OPTION YR 2
$.
OPTION YR 2
$_______________
OPTION YR 2
$_______________
OPTION YR 2
$_______________
OPTION YR 2
$_______________
M/OP-03-EDU2 SECTION B
B. 5. (c) The Contractor also agrees to furnish data which the Contracting Officer may request on costs expended or accrued under this contract in support of the budget information provided herein.
B.6 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:
Description Rate Base Type Period 1/ 1/ 1/ 1/ 2/ 2/ 2/ 2/ 3/ 3/ 3/ 3/ 1/Base of Application:
Type of Rate: Provisional
Period:
2/Base of Application:
Type of Rate: Provisional
Period:
3/Base of Application:
Type of Rate: Provisional
Period:
B.7 ADVANCE UNDERSTANDING ON CEILING INDIRECT COST RATES AND
Final Reimbursement for Indirect Costs
(a) For each of the contractor's accounting periods during the term of this contract, the parties agree as follows:
1. (a) The distribution base for establishment of final overhead rates is --------------. (b) The distribution base for establishment of final G&A rates is ----------------------------.
2. The contractor will make no change in its established method of classifying or allocating indirect costs without the prior written approval of the contracting officer.
3. Reimbursement for indirect costs shall be at final negotiated rates, but not in excess of the following ceiling rates:
For Accounting G&A Overhead Rate Period Ending Rate Home Office Field Office xx-xx-xx xx% xx% xx% xx-xx-xx xx% xx% xx% xx-xx-xx xx% xx% xx%
M/OP-03-EDU2 SECTION B
4. The government shall not be obligated to pay any additional amount on account of indirect costs above the ceiling rates established in the contract. This advance understanding shall not change any monetary ceiling, cost limitation, or obligation established in the contract.
B.8 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. 9 PAYMENT
Payment shall be made in accordance with the clauses of this contract entitled “Allowable Cost and Payment” (FAR 52.216-07), “Prompt Payment” (FAR 52.232-25), “Electronic Funds Transfer” (FAR 52.232-28), “Documentation for Payment” (AIDAR 752.7003), and, if applicable, “Fixed Fee” (FAR 52.216-08) and “Letter of Credit Advance Payments” (AIRDAR 752.232-70).
M/OP-03-EDU2 SECTION C
SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
Revitalization of Iraqi Schools and Stabilization of Education (RISE) I. PURPOSE This contract serves to promote rapid school enrollment and sustained retention in the school system, thus contributing to democracy, equality, stability, economic growth, and improved well-being of Iraqi families.
The short-term focus is upon vulnerable children, i.e. those who either dropped out or never entered school.
The longer term objective is to lay the foundation for decentralized, sustainable, quality education at the primary and secondary school levels. The purpose of this RFP is to solicit proposals for implementing a 12- month educational revitalization program. The project will follow closely behind any military action, implementing in areas as they become permissive.
II. BACKGROUND
Status of Education in Iraq and the Arab Region Because certain educational indicators and data for Iraq are scarce and of questionable reliability, this section also incorporates information from the broader Arab region.
In 1999, the UN Security Council convened a Humanitarian Panel to examine pre-Gulf War Iraq and the effects of the post-war sanctions on the citizens of Iraq. UNICEF reported that the Government of Iraq made sizable investments in the education sector from the mid-1970s until 1990. According to UNESCO, educational policy included provision for scholarships, research facilities and medical support for students.
By 1989 the combined primary and secondary enrollment ratio stood at 75% (slightly above the average for all developing countries at 70%, according to the Human Development Report for 1991). Illiteracy had been reduced to 20% by 1987. While Iraq's indicators were inferior to that of other Arab countries such as Egypt, education accounted for over 5% of the state budget in 1989, above the developing country average of 3.8%.1 According to a field survey conducted in 1993, in Central and Southern governorates 83% of school buildings needed rehabilitation. 2 Some schools with a planned capacity of 700 pupils serve up to 4,500 students. According to UNICEF, progress in reducing adult and female illiteracy has ceased and regressed to mid-1980 levels. The rising number of street children and children who work can be explained, in part, as a result of increasing rates of school drop-outs and repetition, as more families are forced to rely on children to secure household incomes.
A variety of UN agencies testified before the Panel regarding the cumulative effect of the sanctions and economic decline on the social fabric of Iraq.
UNICEF spoke of a whole generation of Iraqis who are growing up disconnected from the rest of the world.
UNESCO commented that children between 5 and 15 years of age were the most affected. According to the Humanitarian Coordinator in Iraq, unemployment and low salaries were forcing Iraqis with higher levels of education to abandon jobs as teachers or doctors and to either emigrate or search for employment as taxi drivers or security guards etc. adding to the problems in the areas of health and education.3 1 UN Security Council, Iraq Humanitarian Panel Report (New York: UN 1999) §22 2 UN Security Council, Iraq Humanitarian Report §22 3 UN Security Council, Iraq Humanitarian Report §22 C-1
M/OP-03-EDU2 SECTION C
Enrollments: As of the late 1990s, aggregate school enrollment for all ages (6-23) in Iraq had declined to 53%. Net primary enrollment rates in Arab states average 78%, second lowest among major world regions.
According to UNESCO’s Education for All Monitoring Report 2002, enrollment rates appear to have stagnated during the 1990s4. Again, rates for girls and children living in rural areas are frequently much lower. Barely half of the children in Arab states enroll in middle school, and in Iraq the secondary enrollment ratio is only 20%.
Enrollment Ratios for Iraq5 Total Male Female Primary net enrollment ratio 76.3 82.5 69.8 Adult primary completion rate (not gender disaggregated) 11.6 Secondary net enrollment ratio 33 39.6 26 Adult secondary completion rate (not gender disaggregated) 4.9 UNICEF 1999/2000 Equity: The education systems in Arab countries have been split into two parts: high quality, expensive education for an exclusive minority, and poor quality public education for the masses. According to the Arab Human Development Report prepared by the UNDP, it is difficult to pass qualifying exams for higher education without a high quality primary and secondary education. Public education is no longer a means of social advancement in many Arab countries6 .
The effect of both the lack of perceived return on public education and severe economic constraints on enrollment and attainment are reflected in the startling calculations of Barro and Lee, economists at Harvard University.
Extent of schooling of Iraqi youth and adults Average schooling years in male population over 15 2000 4.562 Average schooling years in female population over 15 2000 3.321 Percentage of no schooling in male population over 15 2000 35.5 Percentage of no schooling in female population over 15 2000 48.4 Quality: Internal Efficiency is the best measurement of quality. As shown in the chart on enrollment ratios, Iraqi education is internally inefficient with many students repeating or dropping out along the way. Fewer than half of those who begin primary school make it to secondary school. It makes little sense to improve access without taking steps to improve retention. Many Iraqi schools are extremely overcrowded due to lack of classroom space and lack of teachers. Many teachers teach double and even triple shifts, resulting in less time on task. Analyses in the Arab Human Development Report indicate that the critical challenges to quality include low levels of knowledge attainment and poor analytical and innovative capacity7. The Report also found that problems of quality and relevance have led to poor external efficiency, ie., a significant mismatch between the labor market and development needs and the output of the education systems. This mismatch leads to poor economic and social returns on education. According to the Report, “poor quality has become the Achilles heel of education in the Arab world...”8 4 EFA Global Monitoring Report, p. 49 5 UNICEF Situation Analysis, 2002 6 Arab Human Development Report, p. 54.
7 Arab Human Development Report, p. 54 8 Arab Human Development Report, p. 54 C-1
M/OP-03-EDU2 SECTION C
III. STATEMENT OF WORK (RISE)
USAID’s RISE activity is an up to12-month effort designed to provide cooperation at both the policy and classroom levels to facilitate rapid universal enrollment and retention through quality improvement at the primary and secondary levels. This program is intended to produce more positive attitudes and behaviors toward schooling and improved practices in basic education for Iraqi children. Early efforts are targeted toward the most vulnerable children, i.e. those most likely to drop- out of school, have already dropped out, or never entered. While the specific program activities will need to adapt to the changing environment in Iraq, the program will support the Government’s education programs in three areas:
• Provision of school materials
• Education reform, with emphasis upon economic planning and accelerated learning
• Teacher upgrading and School Leadership training The Contractor shall put in place a series of short-term interventions that will stabilize Iraq’s education system and get all children back in school. Provision of school materials and equipment, provision of school supplies and accelerated learning materials will accompany physical school reconstruction efforts undertaken within other activities and by other implementers. The Contractor shall also coordinate with other entities engaged in textbook production, needs assessments, teacher training, and distribution of materials and school kits with textbooks.
At the same time, the Contractor shall also engage in short-term efforts to strengthen Iraqi MOE capacity in quality improvement through education planning, financing, and teacher training. These activities will lead to decentralization and long-term reform.
Children who are encouraged to question and participate freely are more likely to become questioning, participatory adults. RISE will promote child-centered, inquiry-based, participatory teaching methods that lay a foundation for democratic practices and attitudes among children and educators and draw families into the life of the school communities. The Contractor shall take the issue of ethnic balance in its program into consideration, and will concentrate on areas where girls have particularly low access to educational services.
Basic equipment and supplies for schools and school children are in very short supply and non-existent in many areas, particularly in rural areas. Poverty, population growth and lower-than-desired investments in the social sectors have caused a deficit in equipment and supplies. Among the materials and equipment needed may include teacher desks, pupil desks, tables, and blackboards as well as perhaps copier machines, computers, and basic software. Supplies for schools may include such materials as maps, Arabic and English Dictionaries, protractors, and visual learning aids. Needed school supplies for children may include notebooks, pencils, book bags, rulers, crayons, and other essential materials which facilitate learning.
Learning is hindered when adequate materials are not available. Providing school supplies and materials will contribute to enrollment and retention and will also reduce the burden put on families to cover the costs for their children’s education. The Contractor shall also be prepared to print and disseminate appropriate textbooks for primary and secondary grades.
The Contractor shall, therefore, provide materials, equipment and school supplies in a timely manner to reopen in time for the new school year, and to mitigate any disruptions to classroom instruction. A nationwide distribution of school and learning supplies shall begin before the beginning of the school year in collaboration with other implementers who may also be providing materials.
The Contractor, in collaboration with USAID, shall engage the Iraqi Ministry of Education in dialogue to strengthen the educational system and to develop and draft educational policies that improve the quality, equity, access and cost-effectiveness of education. The Contractor shall work with the Ministry of Education as it attempts to provide education that will strengthen Iraq’s economy. This is likely to take the form of Program Advisory Committees in some instances, as well as collaborative working groups with businesses, industries, NGOs and other governmental entities, such as the Ministries of Planning, Labor, Health and C-1
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Social Welfare. The Ministry of Education and its in-country partners will be expected to set policies regarding educational standards for students and teachers, and resource manuals for school administrators.
Economic planning for the equitable allocation of funds within the education budget, and economic modeling to assure sustainability over time is important. Training of teachers and administrators will also be included.
The establishment of educational standards will be closely coordinated with textbook and course content efforts being undertaken by other organizations in order to ensure harmonization of programs and content, in collaboration with the MOE, and compatible timing of activities to be prepared for the beginning of the school year.
In each of the program areas, the Contractor shall establish quantitative and qualitative baseline information and realistic targets and indicators to track progress that are based upon the standard set of UNESCO indicators used to track educational progress world-wide. It is important that the contractor assess the capacity of the MOE to manage data, and to develop data management capacity within the Ministry of Education, including installation of and training on software as needed. The Contractor shall also help assess the salaries of Iraqi education providers and determine an appropriate payroll list for public education staff.
The following indicators will be used to monitor progress in terms of the GOI’s and the Contractor’s overall program objectives: After establishing baselines pertaining particularly to the first two bullets below, specific, numerical targets or benchmarks for each will need to be developed within the first two months of program implementation.
• Improved gross primary and secondary school enrollment, dropout, repetition and completion rates in targeted schools.
• Gender and ethnic disparities reduced.
• Increased access to appropriate school supplies and learning material in the classroom.
• Increased numbers of teachers, education officials and school principals trained in active learning.
• Decentralization framework validated.
• Enhanced public-private partnerships for education service delivery.
Collection, organization, and analysis of data will be critical to monitor progress from the baseline in the medium and long-term and to help determine policy decisions by the MOE. USAID would like to assist the MOE in building its capacity to collect and use educational data. The Contractor shall recruit a full-time specialist in assessment and evaluation to be placed at the MOE to work with the technical head of the assessment department.
The contractor shall also deliver an inventory and description of local, regional, and international NGOs and donors that have the capacity to deliver education related services. It is anticipated that the Contractor may subcontract or sub-grant some of the specific program elements in this SOW. Subcontractors and sub- grantees should have demonstrated experience in similar activities in Iraq or similar Middle-Eastern countries.
Activities funded under the RISE program will focus on the three inter-related areas specified below. The Contractor shall coordinate with the USAID-supported infrastructure and reconstruction contractor and logistics contractor, and other organizations, such as UNICEF, as necessary on each of these areas to avoid overlap and ensure that all issues are fully addressed.
1. Rapid Distribution of School Materials, Equipment and Supplies Based upon experiences gained elsewhere in the Middle East, the Contractor shall purchase and distribute school materials, equipment and supplies, which may include textbooks, in geographic areas not otherwise served to ensure coverage of all permissible areas. These commodities include, but are not limited to the items described above, and are dependent on the initial needs assessment survey. School supplies to primary C-1
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and secondary school children will differ according to need. The actual content will be determined based on the needs assessment and what is culturally appropriate.
Results:
1. 2. 3. 4. Within 60 days of commencement of program implementation: the Contractor shall have surveyed 2,500 schools in permissive areas to assess needs and collect baseline information.
All schools in permissive areas will have materials and equipment necessary to open for the new school year.
Within 6 months of program implementation, students kits shall be delivered to 2.1 million children in 12,500 primary and secondary schools, and these schools shall have the materials and equipment and supplies needed to function at a standard level of quality.
By the end of 1 year, student kits should be delivered to 4.2 million children in 25,000 primary and secondary schools and these schools shall have the materials and equipment and supplies needed to function at a standard level of quality.
2. Education Reform and Accelerated Learning: Based upon experience gained in Iraq and in the Middle East, the Contractor shall collaborate with the Government to strengthen national and local capacity in policy-making and planning in the education sector. Technical assistance will pave the way for Iraqi management of decentralization of school planning, management and finance. Pilot and demonstration-type projects are expected to form the basis for education policy at the district, governorate and national levels, particularly those which increase accountability. The successful implementation of RISE’s three main components depends upon the capacity of the MOE to plan and undertake policy reform. Therefore, the Contractor shall assist the MOE in strategic planning for educational reform. This assistance will take the form of full-time specialists in education planning, economics, curriculum and statistics to be placed at the MOE to work with the technical heads of departments.
Only 33 percent of Iraqi students enroll in secondary schools. Repeaters and dropouts are a significant loss to both the individual and the broader society. To educate those who are not in school, accelerated learning strategies and programs are needed to better match age and grade level. The Contractor shall develop programs that provide a) accelerated schooling for over-age students, especially girls; b) education re-entry programs targeting out of school youth; c) accelerated training programs; and d) alternative methodologies, such as bridge schools.
The Contractor shall explore ways to engage civil society in support of government objectives.
The Contractor shall assist the MOE in the certification and oversight of formal or informal accelerated learning programs, aimed at quickly bringing up the education levels of over-aged students and moving them into age-appropriate education levels. The Contractor shall support the active involvement of the MOE in monitoring and certifying accelerated learning programs. The MOE expects that students in accelerated learning programs will be able to complete one year of schooling in six months or less, using MOE-approved curricular materials.
In the provinces where the baseline evaluation finds the highest levels of primary and middle school dropouts, the Contractor, subcontractors, or sub-grantees (which need not be limited to U.S. institutions) shall implement pilot accelerated learning programs. At least 5 pilot projects in accelerated learning using politically neutral course content should begin within 90 days of arrival in-country. This summer program of accelerated learning, utilizing the expertise of local schoolteachers, and providing them a salary during the summer months, will prepare children who have recently dropped out of school to re-enter at the appropriate grade level at the start of the next school year. The summer pilot programs should include distribution of school kits, which may include pens, pencils, notebooks and other learning aids appropriate to the course content.
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No later than three months after implementation of the pilot programs, and if possible in time for the school year, a nationwide program of accelerated learning shall be designed and ready to implement. This will replace the pilot programs, and should be implemented for sustainability. The Contractor shall ensure that programming is gender conscious, ethnically equitable, and should focus on under-served areas. This program should utilize existing teachers, and may also include radio programming, audio cassettes, and other visual and audio materials.
Results
The Contractor shall ensure that:
• The Contractor is able to deploy to a country in the region within 2 weeks of contract awards
• The principal key personnel and Logistics Advisor in each of the technical teams should be identified within two weeks of contract award and be available in-country to support the MOE within 2 weeks of a permissive environment.
• The Contractor shall conduct rapid education assessments within a week of entering permissive areas of Iraq to include the salaries of workers in the education sector and appropriate payroll lists. These assessments and lists will be shared with the CTO for more general use.
• An inventory, needs assessment and baseline survey of existing primary and secondary schools is conducted within two months of arrival in-country, as areas become permissive. This should be done in close collaboration with other relevant assistance providers to determine needs for textbooks and school supplies, and the infrastructure and reconstruction contractor to determine infrastructure needs of the schools. Please note that USAID will fund rehabilitation and reconstruction of schools and other educational facilities through a separate contract. The RISE contractor shall provide the inventory to the CTO within two months of contract award date. The inventory will be shared with the contractor undertaking infrastructure reconstruction efforts.
• The Contractor shall work with the MOE to collect available gender disaggregated data including school age population, primary, secondary, tertiary gross and net enrollments, repetition, and dropouts within two months of contract award and will generate baseline studies to support further data collection as the program progresses. Mapping of ethnic groups should be included in this work.
It is understood that the MOE has reasonably good data based upon the information provided from UNESCO.
• Within 90 days of program implementation, at least five, but preferably more, pilot accelerated learning programs will be implemented, using politically neutral course content. These pilots will serve as a laboratory for broader efforts to attract and retain vulnerable children into school. School kits and other useful learning material will be distributed to students participating in these pilot programs.
• Accelerated learning program with relative emphasis on girls at primary school and children in under-served areas, is established nationwide within 10 months of contract award. The program will function during the traditional academic year and during summer break.
• Within one year, the MOE will have increased capacity to effectively manage accelerated learning programs.
3. Training and Upgrading Teachers and School Leaders. The Contractor shall provide training to schoolteachers and administrators to improve the quality of public education. Specific objectives include training of primary and secondary school teachers. This training should complement or include efforts by other assistance providers related to training on the use of newly developed course content as it becomes available. The contractor, subcontractor or sub-grantee is expected to provide for training materials, workshops and other components of this program. Key administrators (e.g., principals and local education officials) shall also be trained to improve planning and management. Local education officials and school principals will receive training to assume new responsibilities under an Iraqi education system that will eventually be decentralized. In the early stages of reconstruction and stabilization, a strong centralized MOE may be needed to facilitate logistics and communications. In the mid- to long-term, however, decentralized C-1
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systems will provide for good governance and full involvement of communities to assure access, quality, and relevant education. The intent is to collaborate with Iraqi education officials to undertake appropriate planning that will put them on the path toward timely decentralization.
Based on findings at the ground level, the Contractor shall also develop a strategy to promote and facilitate the repatriation and hiring of qualified teachers who wish to return to Iraq. The reintegration of experienced Iraqi educators who have left the field into the teaching ranks would bolster the quality of education, and to some extent, mitigate against extreme overcrowding. Particularly desirable are Iraqi teachers who can introduce alternative teaching methodologies, means of fostering inquiry and critical thinking skills into the primary and secondary school curriculum, promotion of peer-group learning, the building and use of inexpensive teaching materials, using the natural environment to teach science, and ways to involve parents in their children’s education. Pilot classrooms could serve as valuable models for replication.
Results:
The Contractor shall:
• Assess existing pre- and in-service teacher training and identify areas for strengthening in-service training within two months of program implementation. The approach should focus upon the identification and training of Iraqi teacher trainers. This capacity building approach will be the most efficient and sustainable.
• Collaborate with the MOE and other assistance providers to develop and commence implementation of a training curriculum and program for teacher training institutes and in- service teachers within four months.
• Collaborate with the MOE to develop and commence implementation of a training curriculum for education administrators within the first four months.
• Provide in-service training to 50% of primary and secondary teaching cadre within nine months.
• Provide in-service training to 50% of administrators and school leaders within nine months.
• Develop and implement, with the MOE, a recruitment strategy for teachers and returnees.
The Contractor shall be encouraged to develop a creative program that can not only recruit returnees, but utilize their knowledge and expertise from abroad to bolster the methodologies and knowledge of local teachers, and ensure sustained quality learning processes.
• Within one year, the MOE will have increased capacity to effectively assume teacher training and school administration.
Project Implementation
The Contractor shall be responsible for overseeing the complete project. USAID expects the Contractor to be prepared to deploy to the region within two weeks of contract award and have logistics and administrative systems in place and functioning within two weeks of arrival in Iraq so that implementation of the program can commence immediately. USAID has a logistics contractor to facilitate the transport and storage of various USAID-funded equipment and supplies as needed. The RISE contractor should coordinate with the logistics contractor to determine the most cost effective mechanisms for acquisition, transportation, and delivery of necessary equipment and supplies. The RISE Contractor shall inform the CTO of the recommended mechanism. The CTO will then determine whether the Logistics Contractor shall support acquisition, delivery, and storage of any necessary material in support of the objectives of this scope.
All project implementation and technical assistance within this program is expected to be done in close collaboration with the Ministry of Education by working through MOE counterparts. Offices for key personnel in-country should be negotiated either within the Ministry itself or within close proximity.
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Funds are provided for an evaluation of the overall program’s cost effectiveness, lessons learned and the institutionalization process. The scope of work for the evaluation will be prepared by USAID, but may be conducted independently.
Project Coordination
To achieve the objectives of the project, and under the guidance of USAID, the Contractor shall coordinate, as required, with USG representatives, government officials, local government personnel, representatives of the International Community, including UNICEF, other USAID-supported contractors, and international organizations.
Deliverables
The Contractor shall provide the MOE with expert technical assistance, program management and other services. The Contractor shall carry out program activities within their area of expertise and manage subcontracts and sub-grants to local, regional, and international organizations to carry out specialized activities such as teacher training, accelerated learning programs, and evaluation. The Contractor shall be responsible for providing all personnel, materials, supplies and facilities for its use in order to manage, supervise, inspect, make or authorize payment, and expedite the completion of this Scope of Work in a timely and acceptable manner. The Contractor shall validate arrangements and take responsibility for printing, supply and distribution of materials, as necessary to fulfill the terms and conditions of the contract.
The Contractor shall deliver the following:
1. Implementation Plan: The Contractor shall develop an implementation plan and schedule for the length of the contract that will outline the necessary performance and input for all parties in order to complete the program on time and within budget. This shall be submitted within two weeks of contract award. It will establish benchmarks and performance milestones, based on the results stipulated under each program in this contract, and a regular reporting schedule. It will also indicate how the Contractor plans to involve relevant actors from the MOE and ensure that they are actively involved in the implementation of RISE. This plan is to be maintained with current information and procedures and be reviewed at weekly coordination program meetings The implementation plan will allow USAID and its representatives to monitor performance. It will also provide for a communication network to streamline coordination with all appropriate parties on a continuing basis. In addition, it is anticipated that an evaluation of the program will be conducted approximately 10 months after initiation. This may be either internal or external.
Note: As part of the workplan, the Contractor shall calculate estimated monthly fuel requirements for program implementation for up to one year and submit with the workplan. The Contractor shall be responsible for providing communications equipment compatible with USG frequencies, vehicles for staff equipped with GPS transmitters, and full support for in-country staff.
2. Inventory of NGOs: The contractor shall also deliver an inventory and description of local, regional, and international NGOs and donors that have the capacity to deliver education-related services.
3. Initial rapid assessments of education staff salaries and payroll requirements to be conducted within a week of entering a permissive environment and shared with the CTO.
4. Needs Assessment and Baseline Survey: The Contractor shall submit the results of the initial school needs assessment and baseline survey within 60 days of arrival in country. This will be shared with the infrastructure and reconstruction, and logistics contractors to determine logistics and delivery commitments.
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5. Reports and Consultations:
a. 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 minimum to discuss the overall progress, internal specifics and external contexts of the ongoing work. It is anticipated that these informal but regular consultations will support the monthly reports and help shape workplans.
b. Monthly Reports: The contractor shall provide to the CTO, within 5 days after the end of each month, a report on the activities undertaken during the month. The monthly report should seek to be a brief, lucid description of activities, with emphasis on issues that have arisen, results or changes induced, limitations encountered, and suggestions for additional actions that might be taken.
c. Quarterly Workplans: Quarterly workplans will briefly state the contractor’s mission and modus operandi for the coming three months. The plans shall incorporate scope, budget, schedule, approvals, relationships, control and resource allocation. They will include the identification of responsibilities, identification of critical completion milestones (benchmarks) and project activities, financial and budget procedures, scheduling procedures, administrative procedures and technical standards as part of the design, procurement, construction and project documentation/closeout procedures.
The first quarterly workplan shall be completed within three weeks of contract award date. Subsequent workplans shall be submitted within 7 days before the start of a new 3-month period. The CTO will respond within 5 working days.
d. Final Report: The Contractor shall prepare a final report that matches accomplishments to the specific paragraphs of this contract and, where appropriate, to the amendments to said contract.
Personnel Requirements
Only key personnel positions are outlined here. The Contractor should develop in its bid, a staffing plan consistent with the scope and objectives of this document. The Contractor shall provide key personnel meeting or exceeding the following position descriptions. All personnel are expected to work with counterparts within the Ministry of Education.
Project Director (Washington): 12 months Duties include general backstopping, and serving as the liaison with USAID/Washington’s ANE Bureau.
Chief of Party (Field): 12 months The Chief of Party (COP) will supervise all personnel under the contract. The COP is responsible for day-to-day management of the contract and ensuring that deliverables meet both the standards and due dates established by the CTO. The COP reports to the USAID Mission and must be conversant with USAID regulations and procedures.
The COP must have broad experience in directing an education project in the Middle East, collaborating with host country officials, translating research findings into policy dialogue and working at the local community and school level to employ methodologies that involve site educators in gathering information about teaching and learning. Experience must also C-1
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include supervising and managing a cross-country project, developing and monitoring budgets, and disseminating findings in useful ways. Qualifications include an advanced degree in education and 10 years experience working in the Middle East. English fluency and Arabic proficiency are required.
Senior Education Advisors (2): 12 months
• One Elementary Education/Teacher training Specialist
• One Secondary Education/Teacher training Specialist These individuals should have practical experience working with Middle Eastern ministries of education on curriculum and instruction, teacher training, staff development, and research methodologies, particularly those that focus on data collection in a local educational environment. The specialists should also be cognizant of the key issues in education, such as language of instruction, early childhood education, health & nutrition, and learning handicaps based on gender, geography, special needs and/or ethnicity. They will also be responsible for the implementation and/or supervision of the accelerated learning program.
Qualifications for these positions include a graduate degree in education or related fields, plus a minimum of 10 years experience, preferably in the Middle East. English and Arabic language ability is essential.
Senior Education Planners (3): 12 months
• One Senior Education Economist/Finance Specialist (12 months)
• One Senior Education Administration and Teacher Training Specialist (12 months)
• One Senior Education Statistics, Monitoring and Evaluation Specialist (12 months) These individuals will have at least the following qualifications:
Graduate degree in an education related field, and demonstrated technical expertise and leadership in education planning, policy analysis, economics or research.
Demonstrated administrative experience and expertise in managing complex projects or programs involving strategic planning, provision of technical services, and information dissemination;
Demonstrated experience in working with and supporting host country educational institutions at national and local levels;
Demonstrated capacity to collaborate effectively with institutions active in the education sector, including bilateral and multilateral funding organizations, as well as U.S. and Middle Eastern non-governmental organizations (NGOs).
Demonstrated experience in promoting cross-sectoral programming and coordination, especially between the education, health, and environment sectors.
A minimum of five years relevant overseas experience.
English and Arabic language ability is preferred.
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SECTION D - PACKAGING AND MARKING
D.1 AIDAR 752.7009 MARKING (JAN 1993)
(a) It is USAID policy that USAID-financed commodities and shipping containers, and project construction sites and other project locations be suitably marked with the USAID emblem. Shipping containers are also to be marked with the last five digits of the USAID financing document number. As a general rule, marking is not required for raw materials shipped in bulk (such as coal, grain, etc.), or for semi-finished products which are not packaged.
(b) Specific guidance on marking requirements should be obtained prior to procurement of commodities to be shipped, and as early as possible for project construction sites and other project locations. This guidance will be provided through the cognizant technical office indicated on the cover page of this contract, or by the Mission Director in the Cooperating Country to which commodities are being shipped, or in which the project site is located.
(c) Authority to waive marking requirements is vested with the Regional Assistant Administrators, and with Mission Directors.
(d) A copy of any specific marking instructions or waivers from marking requirements is to be sent to the Contracting Officer; the original should be retained by the Contractor.
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SECTION E - INSPECTION AND ACCEPTANCE
E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE
The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in
Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.
FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1) NUMBER TITLE DATE
52.246-1 CONTRACTOR INSPECTION REQUIREMENTS APR 1984
52.246-5 INSPECTION OF APR 1984
SERVICES--COST-REIMBURSEMENT
52.246-15 CERTIFICATE OF CONFORMANCE APR 1984
E.2 INSPECTION AND ACCEPTANCE
USAID inspection and acceptance of services, reports and other required deliverables or outputs shall take place at:
USAID/Iraq
or at any other location where the services are performed and reports and deliverables or outputs are produced or submitted. The CTO listed in Section G has been delegated authority to inspect and accept all services, reports and required deliverables or outputs.
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SECTION F - DELIVERIES OR PERFORMANCE
F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE
The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in
Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.
FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1) NUMBER TITLE DATE
52.242-15 STOP-WORK ORDER AUG 1989 ALTERNATE I 52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)
APR 1984
52.247-34 F.O.B. DESTINATION NOV 1991
F.2 PERIOD OF PERFORMANCE
The period of performance for this contract is the date of contract award through 12 months later.
Option Year 1 is one year after the Base Period of 12 months.
Option Year 2 is one year after the Option Year 1 period.
F.3 PERFORMANCE STANDARDS
Evaluation of the Contractor's overall performance in accordance with the performance standards set forth in Section C, and Deliverables, 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.
F.4 REPORTS AND DELIVERABLES
In addition to the requirements set forth for submission of reports in Sections I and J and in the AIDAR clause
752.242-70, Periodic Progress Reports, the Contractor shall submit the following deliverables or outputs to the CTO specified in Section G:
See Section C.VI
F.5 PROGRESS REPORTING REQUIREMENTS
752.242-70 PERIODIC PROGRESS REPORTS (JUL 1998)
(a) The contractor shall prepare and submit progress reports as specified in Section C of this contract. These reports are separate from the interim and final performance evaluation reports prepared by USAID in accordance with (48 CFR) FAR 42.15 and internal Agency procedures, but they may be used by USAID personnel or their authorized representatives when evaluating the contractor's performance.
(b) During any delay in furnishing a progress report required under this contract, the contracting officer may withhold from payment an amount not to exceed US $25,000 (or local currency equivalent) or 5 percent of the amount of this contract, whichever is less, until such time as the contracting officer determines that the delay no longer has a detrimental effect on the Government's ability to monitor the contractor's progress.
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F.6 KEY PERSONNEL
A. The key personnel which the Contractor shall furnish for the performance of this contract are as follows:
Name Title
Project Director
Chief of Party
Elementary Education/Teacher Training Specialist Secondary Education/Teacher Training Specialist Senior Education Statistics, Monitoring/Evaluation Specialist B. The personnel specified above are considered to be essential to the work being performed hereunder. Prior to replacing any of the specified individuals, the Contractor shall immediately notify both the Contracting Officer and USAID Cognizant Technical Officer reasonably in advance and shall submit written justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the program. No replacement of personnel shall be made by the Contractor without the written consent of the Contracting Officer.
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 F-2
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SECTION G - CONTRACT ADMINISTRATION DATA
752.7003 DOCUMENTATION FOR PAYMENT NOV 1998
G.1 ADMINISTRATIVE CONTRACTING OFFICE
The Administrative Contracting Office is:
USAID Office of Procurement M/OP/EER/DGLA, Rm. 7.09-071 1300 Pennsylvania Ave, RRB Washington, DC 20523-7803 G.2 COGNIZANT TECHNICAL OFFICER (CTO) The Cognizant Technical Officer is Ross Wherry or his designee at:
USAID/ANE/Washington, DC
G.3 TECHNICAL DIRECTIONS/RELATIONSHIP WITH USAID
(a) Technical Directions is defined to include:
(1) Written directions to the Contractor which fill in details, suggest possible lines of inquiry, or otherwise facilitate completion of work;
(2) Provision of written information to the Contractor which assists in the interpretation of drawings, specifications, or technical portions of the work statement;
(3) Review and, where required, provide written approval of technical reports, drawings, specifications, or technical information to be delivered. Technical directions must be in writing, and must be within the scope of the work as detailed in Section C.
(b) The 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.
(2) Perform or cause to be performed, inspections necessary in connection with a) above and require the Contractor to correct all deficiencies; perform acceptance for the Government.
(3) Maintain all liaison and direct communications with the Contractor. Written communications with the Contractor and documents shall be signed as "Cognizant Technical Officer" with a copy furnished to the Contracting Officer.
(4) Issue written interpretations of technical requirements of Government drawings, designs, and specifications.
(5) Monitor the Contractor's production or performance progress and notify the Contractor in writing of deficiencies observed during surveillance, and direct appropriate action to effect correction. Record and report to the Contracting Officer incidents of faulty or nonconforming work, delays or problems.
(6) Obtain necessary security clearance and appropriate identification if access to Government facilities is required.
If to be provided, ensure that Government furnished property is available when required.
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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 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.
(c) The CTO is required to meet quarterly/semi-annually/annually with the Contractor and the Contracting Officer concerning performance of items delivered under this contract and any other administration or technical issues.
Telephonic reports may be made if no problems are being experienced. Problem areas should be brought to the immediate attention of the Contracting Officer.
(d) In the absence of the designated CTO, the CTO may designate someone to serve as CTO in their place. However, such action to direct an individual to act in the CTO'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 Officer. Only the Contracting Officer is authorized to formally resolve such problems. The Contracting Officer will be responsible for resolving legal issues, determining contract scope and interpreting contract terms and conditions. The Contracting Officer is the sole authority authorized to approve changes in any of the requirements under this contract. Notwithstanding any clause contained elsewhere in this contract, the said authority remains solely with the Contracting Officer. These changes include, but will not be limited to the following areas: scope of work, price, quantity, technical specifications, delivery schedules, and contract terms and conditions. In the event the Contractor effects any changes at the direction of any other person other than the Contracting Officer, the change will be considered to have been made without authority.
(f) 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.4 PAYING OFFICE
The paying office for this contract is:
Office of Financial Management USAID/Washington M/FM/CMP, Room 7.07-133 1300 Pennsylvania Avenue, RRB Washington, D.C. 20523-7100 G.5 ACCOUNTING AND APPROPRIATION DATA Reserved G.6 CONTRACTOR’S PAYMENT ADDRESS Payment will be made to the Contractor either by electronic funds transfer or by check mailed to the address shown on the cover page of this contract, unless otherwise indicated below:
TO BE COMPLETED BY CONTRACTOR
__________________________________________ __________________________________________ __________________________________________ __________________________________________ G-2
M/OP-03-EDU2 SECTION H
SECTION H - SPECIAL CONTRACT REQUIREMENTS
752.7027 PERSONNEL DEC 1990
H.1 AIDAR 752.7032 INTERNATIONAL TRAVEL APPROVAL AND NOTIFICATION
REQUIREMENTS AND AIDAR 752.7027 PERSONNEL
In accordance with the above clauses, the Contracting Officer hereby provides prior written approval for 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 within 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.
H.2 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
(b) Pursuant to AIDAR 752.228-70 Medical Evacuation (MEDEVAC) Services, USAID's Medevac service provider is:
Medex Assistance Corporation P.O. Box 5375 Timonium, MD 21094-5375 Telephone: (410) 453-6300 in Maryland;
or (800) 537-2029 (toll-free) Telefax: (410) 453-6301 Applicants should request coverage in accordance with USAID Contract No. HNE-Q-00-98-00106-00.
Medevac services costs are allowable as a direct cost.
H.3 AUTHORIZED GEOGRAPHIC CODE
The authorized geographic code for procurement of goods and services procured in support of the USAID program in the Near East under this contract is 935. There is a preference for US source, origin, and nationality to the extent practicable. (NOTE: Iraq currently is included on the list of “foreign policy restricted countries” and would need to be removed from the list in order to permit procurement from Iraq.) H-1
M/OP-03-EDU2 SECTION H
H.4 NONEXPENDABLE PROPERTY PURCHASES AND INFORMATION
TECHNOLOGY RESOURCES
The Contractor is hereby authorized to purchase the following equipment and/or resources:
H.5 LOGISTIC SUPPORT
The Contractor shall be responsible for furnishing all logistic support in the United States and overseas.
H.6 PERSONNEL COMPENSATION
(a) Limitations:
(1) Salaries and wages may not exceed the Contractor's established policy and practice, including the Contractor's established pay scale for equivalent classifications of employees, which shall be certified to by the Contractor. Nor may any individual salary or wage, without approval of the Cognizant Contracting Officer, exceed the employee's current salary or wage, or the highest rate of annual salary or wage received during any full year of the immediately preceding three (3) years.
(2) In addition, there is a ceiling on the reimbursable base salary or wage paid to personnel under the Contract equivalent to the maximum annual salary rate of the USAID "ES-6" (or the equivalent daily rate of the maximum ES-6 salary, if compensation is not calculated on an annual basis), as amended from time to time, unless an advance written waiver is granted by the USAID Procurement Executive prior to contract award.
(b) Salaries During Travel Salaries and wages paid while in travel status will not be reimbursed for a travel period greater than the time required for travel by the most direct and expeditious air route.
(c) Return of Overseas Employees Salaries and wages paid to an employee serving overseas who is discharged by the Contractor for misconduct, inexcusable non- performance, or security reasons will in no event be reimbursed for a period which extends beyond the time required to return him promptly to his point of origin by the most direct and expeditious air route.
(d) Annual Salary Increases Annual salary increases (includes promotional increase) may be granted after the employee's completion of each twelve month period of satisfactory services under the contract. Annual salary increases shall be consistent with the AIDAR clause at 752.7007, Personnel Compensation. Annual salary increases of any kind exceeding these limitations or exceeding the maximum salary of ES-6 may be granted only with the advance written approval of the Contracting Officer.
(e) Consultants
No compensation for consultants will be reimbursed unless their use under the contract has advance written approval of the Contracting Officer; and if such provision has been made or approval given, compensation shall not exceed 1) the highest rate of annual compensation received by the consultant during any full year of the immediately preceding three years or 2) the maximum daily salary rate of ES-6, whichever is less.
(f) Initial Salaries
The initial starting salaries of all employees whose salaries are charged as a direct cost to this contract must be approved, in advance and in writing, by the Contracting Officer. (any initial starting salaries included in the contractor's best and final and accepted during negotiations, are deemed approved upon contract execution).
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NOTE: The daily rate of a Senior Executive Service employee at the ES-6 level is determined by dividing the annual salary by 2087 hours and multiplying the quotient by 8.
NOTE: Any Approvals issued pursuant to the above sections shall be retained by the Contractor for audit purposes.
Approvals issued pursuant to the above must be within the terms of this contract, and shall not serve to increase the total estimated cost or the obligated amount of this contract, whichever is less (see Part I, Section B.3 of this contract).
(g) Work Week
(l) Nonoverseas Employees. The length of the contractor's U.S., non-overseas employees workday shall be in accordance with the contractor's established policies and practices and shall not be less than 8 hours per day and 40 hours per week.
(2) Overseas Employee
The work week for the Contractor's overseas employees shall not be less than 40 hours and shall be scheduled to coincide with the work week for those employees of the USAID Mission and the Cooperation Country associated with the work of this contract.
(h) Definitions
As used herein, the terms "Salaries," "Wages," and "Compensation" mean the periodic remuneration received for professional or technical services rendered, exclusive of any of the differentials or allowances defined in the clause of this contract entitled "Differentials and Allowances" (AIDAR 752.7028), unless otherwise stated. The term "compensation" includes payments for personal services (including fees and honoraria). It excludes earnings from sources other than the individual's professional or technical work, overhead, or other charges (see also the clause of this contract entitled "Personnel Compensation" (AIDAR 752.7007).
H.7 SUBCONTRACTING PLAN AND THE SF 294 – SUBCONTRACTING REPORT
FOR INDIVIDUAL CONTRACTS AND SF 295 – SUMMARY CONTRACTING
REPORT
The Contractor's subcontracting plan dated 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 following address:
U.S. Agency for International Development Office of Small and Disadvantaged Business Utilization Room 7.08 RRB Washington, D.C. 20523 H.8 AIDAR 752.7004 EMERGENCY LOCATOR INFORMATION (JUL 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 number(s), and the name of the contractor’s home office staff member having administrative responsibility for the contract.
(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 contract persons.
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H.9 SECURITY REQUIREMENTS
(a) The requirements set forth in the FAR Subpart 4.4 and ADS 567 are not applicable to this contract. The Contractor will not occupy “Restricted Space” within USAID’s Headquarters.
(b) Implementation in Iraq shall not take place until [a permissive environment exists and] USAID instructs the Contractor to proceed. 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 particular, the Contractor shall not proceed with any payments to local consultants until instructed by USAID. 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.
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M/OP-03-EDU2 SECTION I
PART II - CONTRACT CLAUSES
SECTION I - 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 Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in
Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.
NUMBER TITLE DATE
FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)
52.202-1 DEFINITIONS MAR 2001
52.203-3 GRATUITIES APR 1984
52.203-5 COVENANT AGAINST CONTINGENT FEES APR 1984
52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO JUL 1995
THE GOVERNMENT
52.203-7 ANTI-KICKBACK PROCEDURES JUL 1995
52.203-8 CANCELLATION, RESCISSION, AND RECOVERY JAN 1997
OF FUNDS FOR ILLEGAL OR IMPROPER
ACTIVITY
52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR JAN 1997
IMPROPER ACTIVITY
52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE JUN 1997
CERTAIN FEDERAL TRANSACTIONS
52.204-2 SECURITY REQUIREMENTS AUG 1996
52.204-4 PRINTED OR COPIED DOUBLE-SIDED AUG 2000
ON RECYCLED PAPER
52.209-6 PROTECTING THE GOVERNMENT'S INTEREST JUL 1995
WHEN SUBCONTRACTING WITH CONTRACTORS
DEBARRED, SUSPENDED, OR PROPOSED FOR
DEBARMENT
52.215-2 AUDIT AND RECORDS--NEGOTIATION JUN 1999
52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT OCT 1997
FORMAT
52.215-10 PRICE REDUCTION FOR DEFECTIVE COST OR OCT 1997
PRICING DATA
52.215-12 SUBCONTRACTOR COST OR PRICING DATA OCT 1997
52.215-14 INTEGRITY OF UNIT PRICES OCT 1997
52.215-15 PENSION ADJUSTMENTS AND ASSET REVERSIONS DEC 1998
(DEC 1998)
52.215-18 REVERSION OR ADJUSTMENT OF PLANS FOR OCT 1997
POSTRETIREMENT BENEFITS OTHER THAN
PENSIONS (PRB)
52.215-19 NOTIFICATION OF OWNERSHIP CHANGES OCT 1997
52.216-7 ALLOWABLE COST AND PAYMENT MAR 2000
52.216-8 FIXED-FEE MAR 1997
52.217-2 CANCELLATION UNDER MULTIYEAR CONTRACTS OCT 1997
52-217-8 OPTION TO EXTEND SERVICES NOV 1999
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT MAR 2000
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M/OP-03-EDU2 SECTION I
52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE JAN 1999
FOR HUBZONE SMALL BUSINESS CONCERNS
(JAN 1999)
52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS OCT 2000
52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN OCT 2000
ALTERNATE II (OCT 2000)
52.219-16 LIQUIDATED DAMAGES-SMALL BUSINESS JAN 1999
SUBCONTRACTING PLAN
52.219-25 SMALL DISADVANTAGED BUSINESS OCT 1999
PARTICIPATION PROGRAM--DISADVANTAGED
STATUS AND REPORTING
52.222-3 CONVICT LABOR AUG 1996
52.222-21 PROHIBITION OF SEGREGATED FACILITIES FEB 1999
52.222-26 EQUAL OPPORTUNITY APR 2002
52.222-29 NOTIFICATION OF VISA DENIAL FEB 1999
52.223-6 DRUG-FREE WORKPLACE MAR 2001
52.225-13 RESTRICTIONS ON CERTAIN FOREIGN JUL 2000
PURCHASES
52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AUG 1996
AND COPYRIGHT INFRINGEMENT
52.227-14 RIGHTS IN DATA--GENERAL JUN 1987
52.228-7 INSURANCE--LIABILITY TO THIRD PERSONS MAR 1996
52.230-2 COST ACCOUNTING STANDARDS APR 1998
52.230-6 ADMINISTRATION OF COST ACCOUNTING APR 1996
STANDARDS
52.232-17 INTEREST JUN 1996
52.232-22 LIMITATION OF FUNDS APR 1984
52.232-23 ASSIGNMENT OF CLAIMS JAN 1986
52.233-1 DISPUTES DEC 1998
52.233-3 PROTEST AFTER AWARD AUG 1996
ALTERNATE I (JUN 1985)
52.242-1 NOTICE OF INTENT TO DISALLOW COSTS APR 1984
52.242-3 PENALTIES FOR UNALLOWABLE COSTS MAR 2001
52.242-4 CERTIFICATION OF FINAL INDIRECT COSTS JAN 1997
52.242-13 BANKRUPTCY JUL 1995
52.243-2 CHANGES--COST REIMBURSEMENT AUG 1987
ALTERNATE I (APR 1984)
52.244-2 SUBCONTRACTS AUG 1998
ALTERNATE II (AUG 1998)
52.244-5 COMPETITION IN SUBCONTRACTING DEC 1996
52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS AND MAR 2001
COMMERCIAL COMPONENTS
52.246-23 LIMITATION OF LIABILITY FEB 1997
52.246-25 LIMITATION OF LIABILITY--SERVICES FEB 1997
52.249-6 TERMINATION (COST-REIMBURSEMENT) SEP 1996
52.249-14 EXCUSABLE DELAYS APR 1984
52.253-1 COMPUTER GENERATED FORMS JAN 1991
752.202-1 DEFINITIONS
752.211-70 LANGUAGE AND MEASUREMENT JUN 1992
752.226-2 SUBCONTRACTING WITH DISADVANTAGED APR 1997
ENTERPRISE
752.226-3 LIMITATIONS ON SUBCONTRACTING JUN 1993
752.228-7 INSURANCE-LIABILITY TO THIRD PERSONS
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752.228-70 MEDICAL EVACUATION (MEDVAC) SERVICES MAR 1993
752.242-70 PERIODIC PROGRESS REPORTS JUL 1998
752.7001 BIOGRAPHICAL DATA JUL 1997
752.7002 TRAVEL AND TRANSPORTATION JAN 1990
752.7006 NOTICES APR 1984
752.7007 PERSONNEL COMPENSATION 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 ORIENTATION AND LANGUAGE TRAINING APR 1984
752.7013 CONTRACTOR-MISSION RELATIONSHIPS OCT 1989
752.7014 NOTICE OF CHANGES IN TRAVEL REGULATIONS JAN 1990
752.7015 USE OF POUCH FACILITIES JUL 1997
752.7018 HEALTH AND ACCIDENT COVERAGE FOR JAN 1999
USAID PARTICIPANT TRAINEES
752.7019 PARTICIPANT TRAINING JAN 1999
752.7023 REQUIRED VISA FORM FOR USAID APR 1984
PARTICIPANTS
752.7025 APPROVALS APR 1984
752.7028 DIFFERENTIALS AND ALLOWANCES JUL 1996
752.7029 POST PRIVILEGES JUL 1993
752.7033 PHYSICAL FITNESS JUL 1997
I.2 52.204-1 APPROVAL OF CONTRACT (DEC 1989)
This contract is subject to the written approval of and shall not be binding until so approved.
I.3 52.219-23 NOTICE OF PRICE EVALUATION ADJUSTMENT FOR SMALL
DISADVANTAGED BUSINESS CONCERNS (MAR 2001)
(a) Definitions. As used in this clause-- Small disadvantaged business concern means an offeror that represents, as part of its offer, that it is a small business under the size standard applicable to this acquisition; and either--
(1) It has received certification by the Small Business Administration as a small disadvantaged business concern consistent with 13 CFR 124, Subpart B; and
(i) No material change in disadvantaged ownership and control has occurred since its certification;
(ii) Where the concern is owned by one or more disadvantaged 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 (iii) It is identified, on the date of its representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRO-Net).
(2) It has submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted. In this case, in order to receive the benefit of a price evaluation adjustment, an offeror must I-3
M/OP-03-EDU2 SECTION I
receive certification as a small disadvantaged business concern by the Small Business Administration prior to contract award; or
(3) Is a joint venture as defined in 13 CFR 124.1002(f).
Historically black college or university means an institution determined by the Secretary of Education to meet the requirements of 34 CFR 608.2. For the Department of Defense (DoD), the National Aeronautics and Space Administration (NASA), and the Coast Guard, the term also includes any nonprofit research institution that was an integral part of such a college or university before November 14, 1986.
Minority institution means an institution of higher education meeting the requirements of Section 1046(3) of the Higher Education Act of 1965 (20 U.S.C. 1067k, including a Hispanic-serving institution of higher education, as defined in Section 316(b)(1) of the Act (20 U.S.C. 1101a)).
United States means the United States, its territories and possessions, the Commonwealth of Puerto Rico, the U.S.
Trust Territory of the Pacific Islands, and the District of Columbia.
(b) Evaluation adjustment. (1) The Contracting Officer will evaluate offers by adding a factor of 10 percent to the price of all offers, except--
(i) Offers from small disadvantaged business concerns that have not waived the adjustment;
(ii) An otherwise successful offer of eligible products under the Trade Agreements Act when the dollar threshold for application of the Act is equaled or exceeded (see section 25.402 of the Federal Acquisition Regulation (FAR));
(iii) An otherwise successful offer where application of the actor would be inconsistent with a Memorandum of Understanding or other international agreement with a foreign government;
(iv) For DoD, NASA, and Coast Guard acquisitions, an otherwise successful offer from a historically black college or university or minority institution; and
(v) For DoD acquisitions, an otherwise successful offer of qualifying country end products (see sections 225.000-70 and 252.225-7001 of the Defense FAR Supplement).
(2) The Contracting Officer will apply the factor to a line item or a group of line items on which award may be made.
The Contracting Officer will apply other evaluation factors described in the solicitation before application of the factor.
The factor may not be applied if using the adjustment would cause the contract award to be made at a price that exceeds the fair market price by more than the factor in paragraph (b)(1) of this clause.
(c) Waiver of evaluation adjustment. A small disadvantaged business concern may elect to waive the adjustment, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraph (d) of this clause do not apply to offers that waive the adjustment.
[ ] Offeror elects to waive the adjustment.
(d) Agreements. (1) A small disadvantaged business concern, that did not waive the adjustment, agrees that in performance of the contract, in the case of a contract for --
(i) Services, except construction, at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern;
(ii) Supplies (other than procurement from a nonmanufacturer of such supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern;
(iii) General construction, at least 15 percent of the cost of the contract, excluding the cost of materials, will be performed by employees of the concern; or I-4
M/OP-03-EDU2 SECTION I
(iv) Construction by special trade contractors, at least 25 percent of the cost of the contract, excluding the cost of materials, will be performed by employees of the concern.
(2) A small disadvantaged business concern submitting an offer in its own name agrees to furnish in performing this contract only end items manufactured or produced by small disadvantaged business concerns in the United States. This paragraph does not apply in connection with construction or service contracts.
I.4 RESERVED
I.5 52.232-25 PROMPT PAYMENT (FEB 2002)
Notwithstanding any other payment clause in this contract, the Government will make invoice payments and contract financing payments under the terms and conditions specified in this clause. Payment shall be considered as being made on the day a check is dated or the date of an electronic funds transfer. Definitions of pertinent terms are set forth in sections 2.101 and 32.902 of the Federal Acquisition Regulation. All days referred to in this clause are calendar days, unless otherwise specified. (However, see subparagraph (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 subparagraph (a)(2) and paragraph (c) of this clause, the due date for making invoice payments by the designated payment office shall be the later of the following two events:
(A) The 30th day after the designated billing office has received a proper invoice from the Contractor (except as provided in subdivision (a)(1)(ii) of this clause).
(B) The 30th day after Government acceptance of supplies delivered or services performed by the Contractor. On a final invoice where the payment amount is subject to contract settlement actions, acceptance shall be deemed to have occurred on the effective date of the contract settlement.
(ii) If the designated billing office fails to annotate the invoice with the actual date of receipt at the time of receipt, the invoice payment due date shall be the 30th day after the date of the Contractor's invoice; provided a proper invoice is received and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements.
(2) Certain food products and other payments. (i) Due dates on Contractor invoices for meat, meat food products, or fish; perishable agricultural commodities; and dairy products, edible fats or oils, and food products prepared from edible fats or oils are--
(A) For meat or meat food products, as defined in section 2(a)(3) of the Packers and Stockyard Act of 1921 (7 U.S.C. 182(3)), and as further defined in Pub. L. 98-181, including any edible fresh or frozen poultry meat, any perishable poultry meat food product, fresh eggs, and any perishable egg product, as close as possible to, but not later than, the 7th day after product delivery.
(B) For fresh or frozen fish, as defined in section 204(3) of the Fish and Seafood Promotion Act of 1986 (16 U.S.C. 4003(3)), as close as possible to, but not later than, the 7th day after product delivery.
(C) For perishable agricultural commodities, as defined in section 1(4) of the Perishable Agricultural Commodities Act of 1930 (7 U.S.C. 499a(4)), as close as possible to, but not later than, the 10th day after product delivery, unless another date is specified in the contract.
(D) For dairy products, as defined in section 111(e) of the Dairy Production Stabilization Act of 1983 (7 U.S.C.
4502(e)), edible fats or oils, and food products prepared from edible fats or oils, as close as possible to, but not later than, the 10th day after the date on which a proper invoice has been received. Liquid milk, cheese, certain processed cheese products, butter, yogurt, ice cream, mayonnaise, salad dressings, and other similar products, fall within this classification. Nothing in the Act limits this classification to refrigerated products. When questions arise regarding the proper classification of a specific product, prevailing industry practices will be followed in specifying a contract payment due date. The burden of proof that a classification of a specific product is, in fact, prevailing industry practice is upon the Contractor making the representation.
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(ii) If the contract does not require submission of an invoice for payment (e.g., periodic lease payments), the due date will be as specified in the contract.
(3) Contractor's invoice. The Contractor shall prepare and submit invoices to the designated billing office specified in the contract. A proper invoice must include the items listed in paragraph (a)(3)(i) through (a)(3)(viii) of this clause. If the invoice does not comply with these requirements, it shall be returned within 7 days after the date the designated billing office received the invoice (3 days for meat, meat food products, or fish; 5 days for perishable agricultural commodities, edible fats or oils, and food products prepared from edible fats or oils), with a statement of the reasons why it is not a proper invoice. Untimely notification will be taken into account in computing any interest penalty owed the Contractor in the manner described in subparagraph (a)(5) of this clause.
(i) Name and address of the Contractor.
(ii) Invoice date. (The Contractor is encouraged to date invoices as close as possible to the date of the mailing or transmission.) (iii) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number).
(iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.
(v) Shipping and payment terms (e.g., shipment number and date of shipment, prompt payment discount terms).
Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.
(vi) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).
(vii) Name (where practicable), title, phone number, and mailing address of person to be notified in the event of a defective invoice.
(viii) Any other information or documentation required by the contract (such as evidence of shipment).
(ix) While not required, the Contractor is strongly encouraged to assign an identification number to each invoice.
(4) Interest penalty. An interest penalty shall be paid automatically by the designated payment office, without request from the Contractor, if payment is not made by the due date and the conditions listed in paragraphs (a)(4)(i) through
(a)(4)(iii) of this clause are met, if applicable. However, when the due date falls on a Saturday, Sunday, or legal holiday when Federal Government offices are closed and Government business is not expected to be conducted, payment may be made on the following business day without incurring a late payment interest penalty.
(i) A proper invoice was received by the designated billing office.
(ii) A receiving report or other Government documentation authorizing payment was processed, and there was no disagreement over quantity, quality, or Contractor compliance with any contract term or condition.
(iii) In the case of a final invoice for any balance of funds due the Contractor for supplies delivered or services performed, the amount was not subject to further contract settlement actions between the Government and the Contractor.
(5) Computing penalty amount. The interest penalty shall be at the rate established by the Secretary of the Treasury under section 12 of the Contract Disputes Act of 1978 (41 U.S.C. 611) that is in effect on the day after the due date, except where the interest penalty is prescribed by other governmental authority (e.g., tariffs). This rate is referred to as the "Renegotiation Board Interest Rate," and it is published in the Federal Register semiannually on or about January 1 and July 1. The interest penalty shall accrue daily on the invoice principal payment amount approved by the Government until the payment date of such approved principal amount; and will be compounded in 30-day increments inclusive from the first day after the due date through the payment date. That is, interest accrued at the end of any 30- day period will be added to the approved invoice principal payment amount and will be subject to interest penalties if I-6
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not paid in the succeeding 30-day period. If the designated billing office failed to notify the Contractor of a defective invoice within the periods prescribed in subparagraph (a)(3) of this clause, the due date on the corrected invoice will be adjusted by subtracting from such date the number of days taken beyond the prescribed notification of defects period.
Any interest penalty owed the Contractor will be based on this adjusted due date. Adjustments will be made by the designated payment office for errors in calculating interest penalties.
(i) For the sole purpose of computing an interest penalty that might be due the Contractor, Government acceptance shall be deemed to have occurred constructively on the 7th (unless otherwise specified in this contract) after the Contractor delivered the supplies or performed 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. In the event that actual acceptance occurs within the constructive acceptance period, the determination of an interest penalty shall be based on the actual date of acceptance. The constructive acceptance requirement does not, however, compel Government officials to accept supplies or services, perform contract administration functions, or make payment prior to fulfilling their responsibilities.
(ii) The following periods of time will not be included in the determination of an interest penalty:
(A) The period taken to notify the Contractor of defects in invoices submitted to the Government, but this may not exceed 7 days (3 days for meat, meat food products, or fish; 5 days for perishable agricultural commodities, dairy products, edible fats or oils, and food products prepared from edible fats or oils).
(B) The period between the defects notice and resubmission of the corrected invoice by the Contractor.
(C) For incorrect electronic funds transfer (EFT) information, in accordance with the EFT clause of this contract.
(iii) Interest penalties will not continue to accrue after the filing of a claim for such penalties under the clause at
52.233-1, Disputes, or for more than 1 year. Interest penalties of less than $1 need not be paid.
(iv) Interest penalties are not required on payment delays 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. Claims involving disputes, and any interest that may be payable, will be resolved in accordance with the clause at 52.233-1, Disputes.
(6) Prompt payment discounts. An interest penalty also shall be paid automatically by the designated payment office, without request from the Contractor, if a discount for prompt payment is taken improperly. The interest penalty will be calculated as described in subparagraph (a)(5) of this clause on the amount of discount taken for the period beginning with the first day after the end of the discount period through the date when the Contractor is paid.
(7) Additional interest penalty. (i) a penalty amount, calculated in accordance with paragraph (a)(7)(iii) of this clause, shall be paid in addition to the interest penalty amount if the Contractor--
(A) Is owed an interest penalty of $1 or more;
(B) Is not paid the interest penalty within 10 days after the date the invoice amount is paid; and
(C) Makes a written demand to the designated payment office for additional penalty payment, in accordance with paragraph (a)(7)(ii) of this clause, postmarked not later than 40 days after the invoice amount is paid.
(ii)(A) Contractors shall support written demands for additional penalty payments with the following data. No additional data shall be required. Contractors 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 was due; and
(3) State that payment of the principal has been received, including the date of receipt.
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(B) Demands must be postmarked on or before the 40th day after payment was made, except that--
(1) If the postmark is illegible or nonexistent, the demand must have been received and annotated with the date of receipt by the designated payment office on or before the 40th day after payment was made; or
(2) If the postmark is illegible or nonexistent and the designated payment office fails to make the required annotation, the demand's validity will be determined by the date the Contractor has placed on the demand; provided such date is no later than the 40th day after payment was made.
(iii)(A) The additional penalty shall be equal to 100 percent of any original late payment interest penalty, except--
(1) The additional penalty shall not exceed $5,000;
(2) The additional penalty shall never be less than $25; and
(3) No additional penalty is owed if the amount of the underlying interest penalty is less than $1.
(B) If the interest penalty ceases to accrue in accordance with the limits stated in paragraph (a)(5)(iii) of this clause, the amount of the additional penalty shall be calculated on the amount of interest penalty that would have accrued in the absence of these limits, subject to the overall limits on the additional penalty specified in paragraph
(a)(7)(iii)(A) of this clause.
(C) For determining the maximum and minimum additional penalties, the test shall be the interest penalty due on each separate payment made for each separate contract. The maximum and minimum additional penalty shall not be based upon individual invoices unless the invoices are paid separately. Where payments are consolidated for disbursing purposes, the maximum and minimum additional penalty determination shall be made separately for each contract therein.
(D) 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 payments--(1) Due dates for recurring financing payments. If this contract provides for contract financing, requests for payment shall be submitted to the designated billing office as specified in this contract or as directed by the Contracting Officer. Contract financing payments shall be made on the 30th day after receipt of a proper contract financing request by the designated billing office. In the event that an audit or other review of a specific financing request is required to ensure compliance with the terms and conditions of the contract, the designated payment office is not compelled to make payment by the due date specified.
(2) Due dates for other contract financing. For advance payments, loans, or other arrangements that do not involve recurring submissions of contract financing requests, payment shall be made in accordance with the corresponding contract terms or as directed by the Contracting Officer.
(3) Interest penalty not applicable. Contract financing payments shall not be assessed an interest penalty for payment delays.
(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.
I.6 52.246-24 LIMITATION OF LIABILITY--HIGH-VALUE ITEMS (FEB 1997)
ALTERNATE I (APR 1984)
(a) Except as provided in paragraphs (b) through (e) below, and notwithstanding any other provision of this contract, the Contractor shall not be liable for loss of or damage to property of the Government (including the supplies delivered under this contract) that (1) occurs after Government acceptance of the supplies delivered under this contract and (2) results from any defects or deficiencies in the supplies.
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(b) The limitation of liability under paragraph (a) above shall not apply when a defect or deficiency in, or the Government's acceptance of, the supplies results from willful misconduct or lack of good faith on the part of any of the Contractor's managerial personnel. The term "Contractor's managerial personnel," as used in this clause, means the Contractor's directors, officers, and any of the Contractor's managers, superintendents, or equivalent representatives who have supervision or direction of--
(1) All or substantially all of the Contractor's business;
(2) All or substantially all of the Contractor's operations at any one plant, laboratory, or separate location at which the contract is being performed; or
(3) A separate and complete major industrial operation connected with the performance of this contract.
(c) If the Contractor carries insurance, or has established a reserve for self-insurance, covering liability for loss or damage suffered by the Government through purchase or use of the supplies required to be delivered under this contract, the Contractor shall be liable to the Government, to the extent of such insurance or reserve, for loss of or damage to property of the Government occurring after Government acceptance of, and resulting from any defects or deficiencies in, the supplies delivered under this contract.
(d) (1) This clause does not diminish the Contractor's obligations, to the extent that they arise otherwise under this contract, relating to correction, repair, replacement, or other relief for any defect or deficiency in supplies delivered under this contract.
(2) Unless this is a cost-reimbursement contract, if loss or damage occurs and correction, repair, or replacement is not feasible or desired by the Government, the Contractor shall, as determined by the Contracting Officer--
(i) Pay the Government the amount it would have cost the Contractor to make correction, repair, or replacement before the loss or damage occurred; or (ii) Provide other equitable relief.
(e) This clause shall not limit or otherwise affect the Government's rights under clauses, if included in this contract, that cover--
(1) Warranty of technical data;
(2) Ground and flight risks or aircraft flight risks; or
(3) Government property.
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I.7 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 given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
http://www.arnet.gov/far
I.8 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 for 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 extent consistent with efficient contract performance. The Contractor further agrees to cooperate in any studies or surveys as may be conducted by the United States Small Business Administration or the awarding 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 that--
(i) It has received certification as a small disadvantaged business concern consistent with 13 CFR 124, Subpart B;
(ii) No material change in disadvantaged ownership and control has occurred since its certification;
(iii) 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 (ii) Whose management and daily business operations are controlled by one or more women.
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(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 concern, a small business concern owned 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 firms 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 Utilization (OSDBU), USAID, Washington, DC 20523-1414, at least 45 days prior to placing any order in excess of the simplified 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.9 USAIDAR 752.7032 INTERNATIONAL TRAVEL APPROVAL AND
NOTIFICATION REQUIREMENTS (JAN 1990)
Prior written approval by the Contracting Officer is required for all interrnational travel directly and identifiably funded by USAID under this contract. The Contractor shall therefore present to the Contracting Officer an itinerary for each planned international trip, showing the name of the traveler, purpose of the trip, origin/destination (and intervening stops), and dates of travel, as far in advanced of the proposed travel as possible, but in no event less than three weeks before travel is planned to commence. The Contracting Officer's prior written approval may be in the form of a letter or telegram or similar device or may be specifically incorporated into the schedule of the contract. At least one week prior to commencement of approved international travel, the Contractor shall notify the cognizant Mission, with a copy to the Contracting Officer, of planned travel, identifying the travellers and the dates and times of arrival.
I.10 52.228-3 WORKERS' COMPENSATION INSURANCE (DEFENSE BASE ACT)
(APR 1984)
The Contractor shall (a) provide, before commencing performance under this contract, such workers' compensation insurance or security as the Defense Base Act (42 U.S.C. 1651 et seq.) requires and (b) continue to maintain it until performance is completed. The Contractor shall insert, in all subcontracts under this contract to which the Defense Base Act applies, a clause similar to this clause (including this sentence) imposing upon those subcontractors this requirement to comply with the Defense Base Act.
I.11 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;
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(2) Any communication products costing over $25,000, including the costs of both preparation and execution. For example, in the case of a publication, the costs will include research, writing and other editorial 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 more than 50 percent of its copies distributed in the United States (excluding copies provided to CDIE and other USAID/W offices for internal use.
(d) The initial proposal must provide a separate estimate of the cost of every communications product as defined in paragraph (a) above [not just those which meet the criteria in paragraph (c)] which is anticipated under the contract.
Each estimate must include all of the costs associated with preparation and execution of the product. Any subsequent request for approval of a covered communication product must provide the same type of cost information.
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PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER
ATTACHMENTS
SECTION J - LIST OF ATTACHMENTS
ATTACHMENT 1 IDENTIFICATION OF PRINCIPAL GEOGRAPHIC CODE NUMBERS
ATTACHMENT 2 USAID FORM 1420-17 - CONTRACTOR BIOGRAPHICAL DATA SHEET
ATTACHMENT 3 SF LLL - DISCLOSURE OF LOBBYING ACTIVITIES
ATTACHMENT 4 CERTIFICATE OF CURRENT COST AND PRICING DATA
ATTACHMENT 5 MODEL SMALL BUSINESS/SMALL DISADVANTAGED SUBCONTRACTING PLAN
ATTACHMENT 6 SF 294 - SUBCONTRACTING REPORT FOR INDIVIDUAL CONTRACTS
ATTACHMENT 7 AID 1420 - 65 AID CONTRACTOR EMPLOYEE PHYSICAL EXAMINATION FORM
ATTACHMENT 8 ATTACHMENT 9 IRAQI OFAC LICENSE AND TIP SHEET (attached to hardcopy of RFP) STANDARDS FOR PUBLICATION AND VIDEO PRODUCTION (attached) J-1
M/OP-03-EDU2 SECTION K
PART IV - REPRESENTATIONS AND INSTRUCTIONS
SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER
STATEMENTS
OF OFFERORS
K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY
REFERENCE
The following solicitation provisions pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the FAR provision at FAR "52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE" in Section L of this solicitation. See FAR 52.252-1 for an internet address (if specified) for electronic access to the full text of a provision.
NUMBER TITLE DATE
FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)
52.203-11 CERTIFICATION AND DISCLOSURE REGARDING APR 1991
PAYMENTS TO INFLUENCE CERTAIN FEDERAL
TRANSACTIONS
K.2 52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)
(a) Definitions.
Common parent, as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.
Taxpayer Identification Number (TIN), as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number.
(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.
(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.
(d) Taxpayer Identification Number (TIN).
[ ] TIN:. ____________________________
[ ] TIN has been applied for.
[ ] TIN is not required because:
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M/OP-03-EDU2 SECTION K
[ ] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;
[ ] Offeror is an agency or instrumentality of a foreign government;
[ ] Offeror is an agency or instrumentality of the Federal Government.
(e) Type of organization.
[ ] Sole proprietorship;
[ ] Partnership;
[ ] Corporate entity (not tax-exempt);
[ ] Corporate entity (tax-exempt);
[ ] Government entity (Federal, State, or local);
[ ] Foreign government;
[ ] International organization per 26 CFR 1.6049-4;
[ ] Other ___________________________________________
(f) Common parent.
[ ] Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.
[ ] Name and TIN of common parent:
Name ____________________________________________________ TIN ____________________________________________________ K.3 52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (APR 2001)
(a)(1) The Offeror certifies, to the best of its knowledge and belief, that -
(i) The Offeror and/or any of its Principals -
(A) Are [ ] are not [ ] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(B) Have [ ] have not [ ], within a 3-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion or receiving stolen property; and
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(C) Are [ ] are not [ ] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in subdivision (a)(1)(i)(B) of this provision.
(D) Have [ ] have not [ ], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property; and
(E) Are [ ] are not [ ] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in subdivision (a)(1)(i)(D) of this provision.
(ii) The Offeror has [ ] has not [ ], within a 3-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.
(2) "Principals," for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions).
THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE
UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION
MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER SECTION 1001, TITLE 18, UNITED
STATES CODE.
(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.
(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.
K.4 52.215-6 PLACE OF PERFORMANCE (OCT 1997)
(a) The offeror or respondent, in the performance of any contract resulting from this solicitation, [ ] intends, [ ] does not intend [check applicable block] to use one or more plants or facilities located at a different address from the address of the offeror or respondent as indicated in this proposal or response to request for information.
(b) If the offeror or respondent checks "intends" in paragraph (a) of this provision, it shall insert in the following spaces the required information:
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Place of performance (street (street address, city, state, facility county, code) respondent | Name and address of owner and | operator of the plant or | if other than offeror or
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___________________________________|__________________________________ ___________________________________|__________________________________ ___________________________________|__________________________________ ___________________________________|__________________________________ ___________________________________|__________________________________ ___________________________________|__________________________________ ___________________________________|__________________________________ ___________________________________|__________________________________ ___________________________________|__________________________________
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K.5 52.219-22 SMALL DISADVANTAGED BUSINESS STATUS (OCT 1999)
(a) General. This provision is used to assess an offeror's small disadvantaged business status for the purpose of obtaining a benefit on this solicitation. Status as a small business and status as a small disadvantaged business for general statistical purposes is covered by the provision at FAR 52.219-1, Small Business Program Representation.
(b) Representations.
(1) General. The offeror represents, as part of its offer, that it is a small business under the size standard applicable to this acquisition; and either-- [ ] (i) It has received certification by the Small Business Administration as a small disadvantaged business concern consistent with 13 CFR 124, Subpart B; and
(A) No material change in disadvantaged ownership and control has occurred since its certification;
(B) Where the concern is owned by one or more disadvantaged 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
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(C) It is identified, on the date of its representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRO-Net); or [ ] (ii) It has submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.
(2) [ ] For Joint Ventures. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements at 13 CFR 124.1002(f) and that the representation in paragraph (b)(1) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture:
____________________________________________________.]
(c) Penalties and Remedies. Anyone who misrepresents any aspects of the disadvantaged status of a concern for the purposes of securing a contract or subcontract shall:
(1) Be punished by imposition of a fine, imprisonment, or both;
(2) Be subject to administrative remedies, including suspension and debarment; and
(3) Be ineligible for participation in programs conducted under the authority of the Small Business Act.
K.6 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)
The offeror represents that--
(a) It [ ] has, [ ] has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; the clause originally contained in Section 310 of Executive Order No. 10925, or the clause contained in Section 201 of Executive Order No. 11114;
(b) It [ ] has, [ ] has not filed all required compliance reports; and
(c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.
K.7 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)
The offeror represents that--
(a) It [ ] has developed and has on file, [ ] has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2), or (b) It [ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
K.8 52.226-2 HISTORICALLY BLACK COLLEGE OR UNIVERSITY AND
MINORITY INSTITUTION REPRESENTATION (MAR 2001)
(a) Definitions. As used in this provision-- Historically black college or university means an institution determined by the Secretary of Education to meet the requirements of 34 CFR 608.2. For the Department of Defense, the National Aeronautics and Space Administration,
M/OP-03-EDU2 SECTION K
and the Coast Guard, the term also includes any nonprofit research institution that was an integral part of such a college or university before November 14, 1986.
Minority institution means an institution of higher education meeting the requirements of Section 1046(3) of the Higher Education Act of 1965 (20 U.S.C. 1067k, including a Hispanic-serving institution of higher education, as defined in Section 316(b)(1) of the Act (20 U.S.C. 1101a)).
(b) Representation. The offeror represents that it-- [ ] is [ ] is not a historically black college or university;
[ ] is [ ] is not a minority institution.
K.9 52.227-15 STATEMENT OF LIMITED RIGHTS DATA AND RESTRICTED
COMPUTER SOFTWARE (MAY 1999)
(a) This solicitation sets forth the work to be performed if a contract award results, and the Government's known delivery requirements for data (as defined in FAR 27.401). Any resulting contract may also provide the Government the option to order additional data under the Additional Data Requirements clause at 52.227-16 of the FAR, if included in the contract. Any data delivered under the resulting contract will be subject to the Rights in Data-- General clause at 52.227-14 that is to be included in this contract. Under the latter clause, a Contractor may withhold from delivery data that qualify as limited rights data or restricted computer software, and deliver form, fit, and function data in lieu thereof. The latter clause also may be used with its Alternates II and/or III to obtain delivery of limited rights data or restricted computer software, marked with limited rights or restricted rights notices, as appropriate. In addition, use of Alternate V with this latter clause provides the Government the right to inspect such data at the Contractor's facility.
(b) As an aid in determining the Government's need to include Alternate II or Alternate III in the clause at 52.227- 14, Rights in Data--General, the offeror shall complete paragraph (c) of this provision to either state that none of the data qualify as limited rights data or restricted computer software, or identify, to the extent feasible, which of the data qualifies as limited rights data or restricted computer software. Any identification of limited rights data or restricted computer software in the offeror's response is not determinative of the status of such data should a contract be awarded to the offeror.
(c) The offeror has reviewed the requirements for the delivery of data or software and states [offeror check appropriate block]-- [ ] None of the data proposed for fulfilling such requirements qualifies as limited rights data or restricted computer software.
[ ] Data proposed for fulfilling such requirements qualify as limited rights data or restricted computer software and are identified as follows:
____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ Note: "Limited rights data" and "Restricted computer software" are defined in the contract clause entitled "Rights in Data--General." K.10 52.230-1 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION (JUNE 2000)
M/OP-03-EDU2 SECTION K
NOTE:
This notice does not apply to small businesses or foreign governments.
This notice is in three parts, identified by Roman numerals I through III.
If the offeror is an educational institution, Part II does not apply unless the contemplated contract will be subject to full or modified CAS coverage pursuant to 48 CFR 9903.201-2(c)(5) or 9903.201-2(c)(6), respectively.
Offerors shall examine each part and provide the requested information in order to determine Cost Accounting Standards (CAS) requirements applicable to any resultant contract.
I. DISCLOSURE STATEMENT-COST ACCOUNTING PRACTICES AND CERTIFICATION
(a) Any contract in excess of $500,000 resulting from this solicitation will be subject to the requirements of the Cost Accounting Standards Board (48 CFR Chapter 99), except for those contracts which are exempt as specified in 48 CFR 9903.201-1.
(b) Any offeror submitting a proposal which, if accepted, will result in a contract subject to the requirements of 48 CFR, Chapter 99 must, as a condition of contracting, submit a Disclosure Statement as required by 48 CFR 9903.202. When required, the Disclosure Statement must be submitted as a part of the offeror's proposal under this solicitation unless the offeror has already submitted a Disclosure Statement disclosing the practices used in connection with the pricing of this proposal. If an applicable Disclosure Statement has already been submitted, the offeror may satisfy the requirement for submission by providing the information requested in paragraph (c) of Part I of this provision.
CAUTION: In the absence of specific regulations or agreement, a practice disclosed in a Disclosure Statement shall not, by virtue of such disclosure, be deemed to be a proper, approved, or agreed-to practice for pricing proposals or accumulating and reporting contract performance cost data.
(c) Check the appropriate box below:
[ ] (1) Certificate of Concurrent Submission of Disclosure Statement. The offeror hereby certifies that, as a part of the offer, copies of the Disclosure Statement have been submitted as follows: (i) original and one copy to the cognizant Administrative Contracting Officer (ACO) or cognizant Federal agency official authorized to act in that capacity (Federal official), as applicable, and (ii) one copy to the cognizant Federal auditor.
(Disclosure must be on Form No. CASB DS-1 or CASB DS-2, as applicable. Forms may be obtained from the cognizant ACO or Federal official and/or from the loose-leaf version of the Federal Acquisition Regulation.) Date of Disclosure Statement:
Name and Address of Cognizant ACO or Federal Official Where Filed:
________________________________________ ________________________________________ ________________________________________ ________________________________________
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The offeror further certifies that the practices used in estimating costs in pricing this proposal are consistent with the cost accounting practices disclosed in the Disclosure Statement.
[ ] (2) Certificate of Previously Submitted Disclosure Statement. The offeror hereby certifies that the required Disclosure Statement was filed as follows:
Date of Disclosure Statement:
Name and Address of Cognizant ACO or Federal Official Where Filed:
The offeror further certifies that the practices used in estimating costs in pricing this proposal are consistent with the cost accounting practices disclosed in the applicable Disclosure Statement.
[ ] (3) Certificate of Monetary Exemption. The offeror hereby certifies that the offeror, together with all divisions, subsidiaries, and affiliates under common control, did not receive net awards of negotiated prime contracts and subcontracts subject to CAS totaling $50 million or more in the cost accounting period immediately preceding the period in which this proposal was submitted. The offeror further certifies that if such status changes before an award resulting from this proposal, the offeror will advise the Contracting Officer immediately.
[ ] (4) Certificate of Interim Exemption. The offeror hereby certifies that (i) the offeror first exceeded the monetary exemption for disclosure, as defined in (3) of this subsection, in the cost accounting period immediately preceding the period in which this offer was submitted and (ii) in accordance with 48 CFR 9903.202-1, the offeror is not yet required to submit a Disclosure Statement. The offeror further certifies that if an award resulting from this proposal has not been made within 90 days after the end of that period, the offeror will immediately submit a revised certificate to the Contracting Officer, in the form specified under subparagraphs (c)(1) or (c)(2) of Part I of this provision, as appropriate, to verify submission of a completed Disclosure Statement.
CAUTION: Offerors currently required to disclose because they were awarded a CAS-covered prime contract or subcontract of $50 million or more in the current cost accounting period may not claim this exemption (4). Further, the exemption applies only in connection with proposals submitted before expiration of the 90 day period following the cost accounting period in which the monetary exemption was exceeded.
II. COST ACCOUNTING STANDARDS--ELIGIBILITY FOR MODIFIED CONTRACT COVERAGE
If the offeror is eligible to use the modified provisions of 48 CFR subpart 9903.201-2(b) and elects to do so, the offeror shall indicate by checking the box below. Checking the box below shall mean that the resultant contract is subject to the Disclosure and Consistency of Cost Accounting Practices clause in lieu of the Cost Accounting Standards clause.
[ ] The offeror hereby claims an exemption from the Cost Accounting Standards clause under the provisions of 48 CFR 9903.201- 2(b) and certifies that the offeror is eligible for use of the Disclosure and Consistency of Cost Accounting Practices clause because during the cost accounting period immediately preceding the period in which this proposal was submitted, the offeror received less than $50 million in awards of CAS-covered prime contracts and subcontracts. The offeror further certifies that if such status changes before an award resulting from this proposal, the offeror will advise the Contracting Officer immediately.
CAUTION: An offeror may not claim the above eligibility for modified contract coverage if this proposal is expected to result in the award of a CAS-covered contract of $50 million or more or if, during its current cost accounting period, the offeror has been awarded a single CAS-covered prime contract or subcontract of $50 million or more.
III. ADDITIONAL COST ACCOUNTING STANDARDS APPLICABLE TO EXISTING CONTRACTS
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The offeror shall indicate below whether award of the contemplated contract would, in accordance with subparagraph (a)(3) of the Cost Accounting Standards clause, require a change in established cost accounting practices affecting existing contracts and subcontracts.
[ ] YES [ ] NO
K.11 INSURANCE - IMMUNITY FROM TORT LIABILITY
The offeror represents that it [ ] is, [ ] is not a State agency or charitable institution, and that it [ ] is not immune, [ ] is partially immune, [ ] is totally immune from tort liability to third persons.
K.12 AGREEMENT ON, OR EXCEPTIONS TO, TERMS AND CONDITIONS
The Offeror has reviewed the solicitation (Sections B through J of which will become the contract) and [ ] agrees to the terms and conditions set forth therein; or [ ] has the following exceptions (continue on a separate attachment page, if necessary):
__________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ K.13 COMPLIANCE WITH VETERANS EMPLOYMENT REPORTING REQUIREMENTS
(a) The Offeror represents that, if it is subject to the reporting requirements of 38 U.S.C. 4212(d)(i.e., the VETS- 100 report required by the Federal Acquisition Regulation clause 52.222-37, Employment Reports on Disabled Veterans and Veterans of the Vietnam Era), it has [ ] has not [ ] submitted the most recent report required by 38 U.S.C. 4212(d).
(b) An Offeror who checks "has not" may not be awarded a contract until the required reports are filed. (31 U.S.C.
1354)
K.14 SIGNATURE
By signature hereon, or on an offer incorporating these Representations, Certifications, and Other Statements of Offerors, the offeror certifies that they are accurate, current, and complete, and that the offeror is aware of the penalty prescribed in 18 U.S.C. 1001 for making false statements in offers.
Solicitation No. _______________________________________ Offer/Proposal No. _____________________________________ Date of Offer __________________________________________ Name of Offeror_________________________________________ Typed Name and Title____________________________________ Signature____________________________ Date___________
M/OP-03-EDU2 SECTION K
SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS
L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY
REFERENCE
The following solicitation provisions pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the FAR provision at FAR "52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE" in Section L of this solicitation. See FAR 52.252-1 for an internet address (if specified) for electronic access to the full text of a provision.
NUMBER TITLE DATE
52.204-6 DATA UNIVERSIAL NUMBERING SYSTEM JUN1999
52-215-16 FACILITIES CAPITAL COST OF MONEY OCT 1997
52.219-24 SMALL DISADVANTAGED BUSINESS OCT 2000
PARTICIPATION PROGRAM--TARGETS
52.225-10 NOTICE OF BUY AMERICAN ACT--BALANCE OF FEB 2000
PAYMENTS PROGRAM REQUIREMENT--
CONSTRUCTION MATERIALS
52.237-10 IDENTIFICATION OF UNCOMPENSATED OCT 1997
OVERTIME
L.2 52.215-20 REQUIREMENTS FOR COST OR PRICING DATA OR
INFORMATION OTHER THAN COST OR PRICING DATA (OCT 1997)
(a) Exceptions from cost or pricing data. (1) In lieu of submitting cost or pricing data, offerors may submit a written request for exception by submitting the information described in the following subparagraphs. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable.
(i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.
(ii) Commercial item exception. For a commercial item exception, the offeror shall submit, at a minimum, information on prices at which the same item or similar items have previously been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. Such information may include--
(A) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted.
Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities;
(B) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market;
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(C) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item.
(2) The offeror grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this provision, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation, access does not extend to cost or profit information or other data relevant solely to the offeror's determination of the prices to be offered in the catalog or marketplace.
(b) Requirements for cost or pricing data. If the offeror is not granted an exception from the requirement to submit cost or pricing data, the following applies:
(1) The offeror shall prepare and submit cost or pricing data and supporting attachments in accordance with Table 15-2 of FAR 15.408.
(2) As soon as practicable after agreement on price, but before contract award (except for unpriced actions such as letter contracts), the offeror shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR
15.406-2.
L.3 52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a (Cost Plus Fixed Fee) Level of Effort Term contract resulting from this solicitation.
L.4 52.233-2 SERVICE OF PROTEST (AUG 1996)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the General Accounting Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:
Hand-Carried Address: (includes commercial courier) Contracting Officer United States Agency for International Development (USAID) Office of Procurement M/OP/EER/DGLA 1300 Pennsylvania Ave, Rm. RRB (14th Street Entrance) Washington, D.C. 20523-7100 Fax (202) Mailing Address:
Contracting Officer
United States Agency for International Development (USAID) Office of Procurement M/OP/EER/DGLA 1300 Pennsylvania Ave, Rm. RRB Washington, D.C. 20523-7100
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
M/OP-03-EDU2 SECTION K
L.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE
(FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
For Federal Acquisition Regulation (FAR) provisions: http://www.arnet.gov/far For USAID Acquisition Regulation (AIDAR) provisions: http://www.usaid.gov/pubs/ads/ftpads/aidar.doc L.6 2001)
52.215-1 INSTRUCTIONS TO OFFERORS—COMPETITIVE ACQUISITION (MAY
(a) Definitions. As used in this provision-- Discussions are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer's discretion, result in the offeror being allowed to revise its proposal.
In writing, writing, or written means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.
Proposal modification is a change made to a proposal before the solicitation's closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.
Proposal revision is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.
Time, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.
(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).
(c) Submission, modification, revision, and withdrawal of proposals.
(1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.
(2) The first page of the proposal must show--
(i) The solicitation number;
(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);
M/OP-03-EDU2 SECTION K
(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;
(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation; and
(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.
(3) Submission, modification, revision, and withdrawal of proposals.
(i) Offerors are responsible for submitting proposals, and any modifications or revisions so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.
(ii)(A) Any proposal, modification or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is ``late'' and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--
(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or
(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or
(3) It is the only proposal received.
(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.
(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.
(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at
52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.
(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.
M/OP-03-EDU2 SECTION K
(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation.
(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.
(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.
(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.
(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).
(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall--
(1) Mark the title page with the following legend: This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed--in whole or in part-- for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of--or in connection with-- the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and
(2) Mark each sheet of data it wishes to restrict with the following legend: Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.
(f) Contract award. (1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and sub-factors in the solicitation.
(2) The Government may reject any or all proposals if such action is in the Government's interest.
(3) The Government may waive informalities and minor irregularities in proposals received.
(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror's initial proposal should contain the offeror's best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.
(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.
(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government's best interest to do so.
(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.
(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total
M/OP-03-EDU2 SECTION K
evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.
(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.
(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.
(11) The Government may disclose the following information in postaward debriefings to other offerors:
(i) The overall evaluated cost or price and technical rating of the successful offeror;
(ii) The overall ranking of all offerors, when any ranking was developed by the agency during source selection;
(iii) A summary of the rationale for award; and (iv) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.
[End of Provision]
52. 232-38 Submission of Electronic Funds Transfer Information with Offer (May L.7 1999) The offeror shall provide, with its offer, the following information that is required to make payment by electronic funds transfer (EFT) under any contract that results from this solicitation.
This submission satisfies the requirement to provide EFT information under paragraphs (b)(1) and (j) of the clause at 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration.
(1) The solicitation number (or other procurement identification number).
(2) The offeror's name and remittance address, as stated in the offer.
(3) The signature (manual or electronic, as appropriate), title, and telephone number of the offeror's official authorized to provide this information.
(4) The name, address, and 9-digit Routing Transit Number of the offeror's financial agent.
(5) The offeror's account number and the type of account (checking, savings, or lockbox).
(6) If applicable, the Fedwire Transfer System telegraphic abbreviation of the offeror's financial agent.
(7) If applicable, the offeror shall also provide the name, address, telegraphic abbreviation, and
9-digit Routing Transit Number of the correspondent financial institution receiving the wire transfer payment if the offeror's financial agent is not directly on-line to the Fedwire and, therefore, not the receiver of the wire transfer payment.
[End of Provision]
M/OP-03-EDU2 SECTION K
L.8 PROPOSAL DELIVERY INSTRUCTIONS
Due to the events of September 11, 2001, security at the federal building housing USAID has been significantly increased. As such it is necessary that offerors planning to deliver their proposals by other than USPS, UPS or FedEx be aware of these additional security requirements. See the following provision and Freight Delivery Request Form below.
PROPOSAL DELIVERY
ALL offerors delivering proposals through carriers other than the USPS, UPS, or FedEx, including individual hand delivery, must complete a Freight Delivery Request Form and provide it to the contract specialist four (4) business days in advance of delivery. The contract specialist will then provide this form to the RRB loading dock. Offerors should request confirmation of their delivery clearance from the contract specialist.
The RRB loading dock is the only acceptable place for delivery. Preclearance as noted above is mandatory. The actual time of USAID’s acceptance is when the RRB loading dock representative accepts the delivery. Offerors should obtain a date/time stamped and signed receipt from the representative. Proposals may NOT be delivered to the RRB lobby. RRB Security will not allow non precleared vehicles in the building and will not allow hand deliveries to the USAID lobby. Offerors who fail to comply with these instructions will have their proposals rejected.
L.9 GENERAL INSTRUCTIONS TO OFFERORS
(a) The offeror should submit the proposal as follows:
(i) hand delivery (including commercial courier) of one original and 4 copies of a Technical Proposal and one original and 1 copy of a Cost Proposal to the address listed in the SF 33, Block 8. Each proposal should be identified as such, e.g., “original” or “copy 2 of 3” etc. Originals will be official file documents and such should be unbound and two-hole punched at the top. Copies will be working copies and should be contained in three ring binders.
(ii) the Technical Proposal and Cost Proposal must be kept separate from each other. Technical Proposals must not make reference to pricing data in order that the technical evaluation may be made strictly on the basis of technical merit.
(b) Government Obligation. The US Government is not obligated to make an award or to pay for any costs incurred by the offeror in preparation of a proposal in response hereto.
L.10 INSTRUCTIONS FOR THE PREPARATION OF THE TECHNICAL
PROPOSAL
(a) The Technical Proposal in response to this solicitation shall address the offeror’s Personnel Qualifications/Staffing Plan as requested below.
(b) The Technical Proposal in response to this solicitation shall address the offeror’s Past Performance/Institutional Capability information as requested below.
(c) The Technical Proposal should include the following components, with equal order of importance:
M/OP-03-EDU2 SECTION K
(i) Personnel Qualifications/Staffing Plan The Contractor shall provide résumés and certifications of availability for each of the key personnel proposed (this is in addition to the 5-8 page brief paper discussed below). Proposed personnel will be evaluated on the basis of education, experience, strengths, and skills, especially that which is recent and relevant to the region and the particular positions for which they are proposed. Personnel with English fluency and language skills in Arabic are preferred. The Contractor shall submit a brief paper, five to eight pages in length, describing the appropriateness and strengths of the overall team proposed. The Contractor should clearly articulate the management plan and organizational structure, including levels of effort, plan and schedule for assembling personnel, providing logistical and support functions, and undertaking the work described in the statement of work.
(ii) Past Performance/Institutional Capability The Contractor should submit a brief paper, not more than 10 pages in length, describing recent (past five years) relevant (to the region and objectives of the statement of work) experience by the Contracting firm. The Contractor should highlight how the organization will apply past experience and existing capabilities to meet program objectives. The paper should underscore how the organization has identified and addressed issues and overcome challenges with previous implementation efforts, similar in scope to those identified in this document.
Each Offeror is required to provide past performance references in accordance with the following (this is in addition to the 10 page brief paper):
A. The Offeror is required to provide past performance references for itself and also past performance references for each proposed subcontractor expected to provide at least 20% of the total labor in performance of any contract made under this RFP.
The name, telephone number and email address of at least two contacts are required. It is recommended that the offeror alert the contacts that their names have been submitted and they are authorized to provide past performance information when requested.
If the Offeror encountered problems on any of these contracts, it may provide a short explanation and the corrective action taken. Offerors should not provide general information on their performance.
Offerors may describe any quality awards or certifications that indicate exceptional capacity to provide the service or product described in the statement of work.
USAID may use past performance information obtained from other than the sources identified by the offeror. Past performance information will be used in both the responsibility determination and best value decision.
L.11 INSTRUCTIONS REGARDING KEY PERSONNEL
B. C. D. E. The contract proposed by this solicitation includes a key personnel clause, and the quality of key personnel proposed will be an evaluation factor under the Personnel Qualifications/Staffing Plan in L.10(c)(i) above. The offeror must include as part of its proposal a statement signed by each person proposed as key personnel confirming their present intention to serve in the stated position and their present availability to serve for the term of the proposed contract.
M/OP-03-EDU2 SECTION K
L.12 INSTRUCTIONS FOR THE PREPARATION OF THE COST PROPOSAL
(a) Each offeror shall provide a budget for ALL Contract Line Item Numbers 0001-0008 (CLINS) in
Section B to include the Base Year and Option Year 1 and Option Year 2. Supporting information should be provided in sufficient detail to allow a complete analysis of each line item of cost. This is to include a complete breakdown on cost elements associated with each line item and those costs associated with any proposed subcontract e.g. salaries, fringe benefits, overhead (indirect costs shall be supported by a Negotiated Indirect Cost Rate Agreement – NICRA from the cognizant agency, if available), other direct costs (supplies, equipment, travel, transportation, per diem amounts, airfares, destination and number of trips, taxis, and car rentals and vehicle purchases, rent, and domestic and international communications), sub-grants to NGO’s, TCN/CCN labor costs, general and administrative, and fixed fee. Under Other Direct Costs, International travel should be identified separately and broken down by destination, number of trips, and number of travelers.
The cost and pricing information shall describe any significant assumptions or uncertainties;
(b) Utilization of Small Businesses and Disadvantaged Enterprises
1. Past Performance on Utilization of Small Businesses; Proposed Participation by Small Business Concerns and Disadvantaged Enterprises. Each offeror will be evaluated as to the extent to which it used small, small disadvantaged and women-owned small businesses, veteran–owned small business, service- disabled, veteran-owned small business, and/or HUB Zone small business, under current and past contracts.
The evaluation will assess the extent to which the above named small businesses participated in these contracts relative to the size/dollar value of the contracts, the complexity and variety of the work small business concerns performed, and compliance with Small Business Subcontracting Plans set out in previous contracts. Offerors will be provided an opportunity to explain circumstances surrounding less than satisfactory reports on the utilization of small business if not previously provided the opportunity. Past performance of any firm that does not have any pertinent past performance history will be rated neutral.
2. Proposed Participation by Small Business Concerns and Disadvantaged Enterprises. As required by
Section L of this RFP, Offerors (other than small businesses) are required to submit Subcontracting Plans.
All offerors' Plans must address subcontracting with small business concerns, disadvanatged, women- o2wned and HUB Zone business concerns. Plans will include a percentage goal of at least 15% of total planned subcontracting to small business concerns. Evaluation will be based on: 1) Technical impact and valued-added by proposed small business concerns, to the Offeror's team; and 2) Total amount of proposed subcontracting with small business concerns as a percentage of total planned subcontracting.
Note: This evaluation factor does not apply to proposals submitted by small business concerns.
(c) A completed and signed SF33 and acknowledgment of any amendments to the RFP;
(d) The contractor is a joint venture or partnership, the business management proposal must include a copy of the agreement between the parties to the joint venture/partnership. The agreement will include a full discussion of the relationship between the firms including identification of the firm which will have responsibility for negotiation of the contract, which firm will have accounting responsibility, how work will be allocated, overhead calculated, and profit shared, and the express agreement of the principals thereto to be held jointly and severally liable for the acts or omissions of the other.
M/OP-03-EDU2 SECTION L
(e) The representations and certifications, as set forth in Section K of this solicitation, with the last page signed. This should be completed by subcontractors as well.
(f) A completed Certificate of Current Cost or Pricing Data (see Section J of this solicitation) for itself and each subcontractor, if the subcontract will exceed $500,000. (This certificate should be re-submitted after negotiations have been concluded and agreement has been reached.)
(g) A copy of any current indirect rate agreements between a U.S. Federal agency and the prime and/or any subcontractors.
(h) A discussion of the amount proposes as a fixed fee, if any.
(i) Any proposed indirect rate ceilings.
The offeror must submit sufficient evidence of responsibility for the Contracting Officer to make an affirmative determination of responsibility pursuant to the requirements of FAR Section 9.104-1.
L.13 SMALL BUSINESS PARTICIPATION
PAST PERFORMANCE IN USING SMALL BUSINESS CONCERNS—FOR OTHER THAN
SMALL BUSINESS CONCERNS (as defined in FAR 19.001).
(a) As part of the evaluation of past performance in Section M.3 of this solicitation, USAID will evaluate the extent you used and promoted the use of small business concerns under current and past contracts. The evaluation will assess the extent small business concerns participated in these contracts relative to the size/value of the contracts, the complexity and variety of the work small business concerns performed, and compliance with your SB subcontracting plan or other similar small business incentive programs set out in your contract.
In order for USAID to fully and fairly evaluate performance in this area, all offerors who are not small business concerns must do the following:
1. Provide a narrative summary of your organization's use of small business concerns over the past three years. Describe how you actually use small businesses-- as subcontractors, as joint venture partners, through other teaming arrangements, etc.
Explain the nature of the work small businesses performed--substantive technical professional services, administrative support, logistics support, etc. Describe the extent of your compliance with your SB subcontracting plan(s) or other similar small business incentive programs set out in your contract(s).
2. To supplement the narrative summary in 1. above, provide with your summary a copy of the most recent SF 294 "Subcontracting Report for Individual Contracts" for each contract against which you were required to report for the past three years.
3. Provide us with the names and addresses of three SB concerns for us to contact for their assessment of your performance in using SB concerns. Provide a brief summary of the type of work each SB concern provided to your organization, and the name of a contact person, his/her phone number, and e-mail address for each.
L-20
M/OP-03-EDU2 SECTION L
4. USAID reserves the right to obtain past performance information from other sources, including any SB concern you have not named [per (a)2.] or government agency.
L-21
M/OP-03-EDU2 SECTION L
L.14
Ronald Reagan Building & International Trade Center FREIGHT DELIVERY REQUEST FORM TO: RRBITC Loading Dock Manager Federal Protective Service USAID: WW Center OTHER:_____ FROM: CUSTOMS: EPA: GSA: TCMA: ----------------------------------------(Circle One) ---------------------
-------------------
RFA/P #:
OFFEROR: ____________________
FREIGHT DELIVERY COMPANY INFORMATION
Name of Freight Company making delivery Phone # Date of arrival Freight Co. Contact Person Fax # Estimated Time of arrival Driver’s Name Driver’s Lic # & State Date of Birth Alternate Driver Driver’s Lic # & State Date of Birth Vehicle Description (i.e., tractor trailer, etc) Type Make Tag # Length Model State Description of material being delivered AGENCY/ TENANT REQUESTING DELIVERY Agency/ Tenant Contact Person USAID, Lisa M. Bilder Phone #
(202) 712-5882
Fax #
(202) 216-3396
Signature
Deliveries to the B-2 loading dock require 96 hours notice.
All deliveries are subject to an off-site security inspection by the Federal Protective Service B-2 Loading Dock Ph. # (202) 789-4388 Fax # (202) 789-5342 THIS DOCUMENT CONTAINS INFORMATION COVERED BY THE PRIVACY ACT L-22
M/OP-03-EDU2 SECTION M
SECTION M – EVALUATION FACTORS FOR AWARD
M.1 EVALUATION CRITERIA
Technical, cost and other factors will be evaluated relative to each other, as described herein.
(a) The technical proposal will be scored by a technical evaluation committee using the criteria shown in this
Section.
(b) The cost proposal will be scored by the method described in this Section.
(c) The criteria below are presented by major category, with equal order of importance. The criteria below reflect the requirements of this particular solicitation.
Offerors should note that these criteria: (1) serve as the standard against which all proposals will be evaluated, and
(2) serve to identify the significant matters which offerors should address in their proposals.
In accordance with FAR 15.101-1(b)(2), note that all evaluation factors other than cost or price, when combined, are significantly more important than cost or price.
M.2 TECHNICAL EVALUATION CRITERIA – The technical evaluation criteria presented below are of equal importance, however TECHNICAL IS SIGNFICANTLY MORE IMPORTANT THAN COST:
(a) Personnel Qualifications/Staffing Plan
• Demonstrated quality of proposed key personnel.
• Demonstrated understanding of Statement of Work by proposed staffing plan.
• Demonstrated understanding of managerial complexities of the Statement of Work.
(b) Past Performance/Institutional Capability As required by Section L.10(c)(ii).of this RFP, Offerors are required to provide past performance references for itself and each proposed subcontractor expected to provide at least 20% of the total labor in performance of any contract made under this RFP. The Technical Evaluation Committee may give more weight to past performance information that is considered more relevant and/or more current.
Past performance evaluations by USAID will focus on the contractors':
1. Record of conforming to contract requirements and to standards of good workmanship;
2. Record of forecasting and controlling costs,
3) The contractor's adherence to contract schedules, including administrative aspects of performance;
4) The history of reasonable and cooperative behavior and commitment to customer satisfaction;
The institutional capability will focus on demonstrated organizational experience successfully managing large scale projects.
M/OP-03-EDU2 SECTION M
M.3 COST EVALUATION CRITERIA
USAID will evaluate the proposed cost in accordance with FAR Subpart 15.4. For the purpose of the evaluation the price of the offeror’s proposal is the sum of all the CLIN’s, as proposed in Section B, Base Year and Option Year 1 and Option Year 2.
M.4 CONTRACTING WITH SMALL BUSINESS CONCERNS AND DISADVANTAGED
ENTERPRISES
USAID encourages the participation of small business concerns and disadvantaged enterprises in this project, in accordance with FAR Part 19 (48 CFR Chapter 1), and AIDAR Part 726 (48 CFR Chapter 7).
Accordingly, every reasonable effort will be made to identify and make use of such organizations. All evaluation criteria being found equal, the participation of such organizations may become a determining factor for selection.
M.5 ADJECTIVAL RANKING
USAID will use adjectives to rank offerors' technical proposals. adjectives will be used in assessing the criteria set forth above:
The following
OUTSTANDING. The proposal exceeds the fullest expectations of the Government. The offeror has convincingly demonstrated that the evaluation requirements have been analyzed, evaluated, and should result in an outstanding, effective, efficient, and economical performance under the contract. An assigned rating within "outstanding" indicates that, in terms of the specific factor (or sub-factor), the proposal demonstrates an “outstanding” understanding of the factor, contains essentially no weaknesses, and exceeds the fullest expectations of the Government.
VERY GOOD. The proposal demonstrates a level of effort that fully meets the Evaluation’s requirements and that this effort has produced, or could produce, results which should prove to be substantially beneficial to the project.
The proposal may or may not have any weaknesses. Fulfilling the definition of "very good" indicates that, in terms of the specific factor (or sub-factor), the proposal demonstrates a level of effort that fully meets the Evaluation's requirements and that this effort has produced, or could produce, results which should prove to be substantially beneficial to the project.
GOOD. The proposal meets the requirements. The proposal may contain weaknesses and/or significant weaknesses that are correctable but no deficiencies. An assigned rating of “good” indicates that, in terms of the specific factor (or sub-factor), the proposal demonstrates a “good” understanding of the factor. If any weaknesses and/or significant weaknesses are noted, they should not seriously affect the offeror's performance.
MARGINAL. The proposal demonstrates a shallow understanding of the requirements and approach and marginally meets the minimum evaluation standard. The proposal contains weaknesses and/or significant weaknesses and may contain deficiencies. If deficiencies exist, they may be correctable. A rating of "marginal" indicates that, in terms of the specific factor (or sub-factor), the proposal marginally meets the standard for minimal but acceptable performance. The offeror may complete the assigned tasks; however, there is at least a moderate risk that the offeror will not be successful.
UNACCEPTABLE. The proposal fails to meet a minimum requirement or contains a major deficiency or major deficiencies. The proposal is incomplete, vague, incompatible, incomprehensible, or so incorrect as to be unacceptable. The evaluator feels that the deficiency or deficiencies is/are uncorrectable without a major revision of the proposal. The assignment of a rating within the bounds of "unacceptable" indicates that in terms of the specific factor (or sub-factor) the proposal fails to meet performance or capability standards. The specific factor to be evaluated contains deficiencies.
SECTION M
M. 6 CONTRACT AWARD
Tradeoff Analysis and Best Value Determination
(a) (b) In accordance with Section M of this solicitation, award will be made by the Contracting Officer to the responsible offeror(s) whose proposal(s), conforming to the solicitation, and considering the aforementioned evaluation factors, represent(s) the best overall value to the Government. The evaluation factors set forth in Section M will be used by the Contracting Officer as a guide in determining which proposals will represent the best value to the Government.
The tradeoff method will be utilized under this procurement Although technical evaluation factors are significantly more important than cost factors, the closer the technical evaluations of the various proposals are to one another, the more important cost considerations become. The Contracting Officer may determine what a highly ranked proposal based on the technical evaluation factors would mean in terms of performance and what it would cost the Government to take advantage of it in determining the best overall value to the Government.
M-2
ATTACHMENTS
ATTACHMENT 1
IDENTIFICATION OF PRINCIPAL GEOGRAPHIC CODE NUMBERS
The USAID Geographic Code Book sets forth the official description of all geographic codes used by USAID in authorizing or implementing documents, to designate authorized source countries or areas. The following are summaries of the principal codes:
(a) Code 000--The United States: The United States of America, any State(s) of the United States, the District of Columbia, and areas of U.S.-associated sovereignty, including commonwealths, territories and possessions.
(b) Code 899--Any area or country, except the cooperating country itself and the following foreign policy restricted countries: Afghanistan, Libya, Vietnam, Cuba, Cambodia, Laos, Iraq, Iran, North Korea, Syria and People's Republic of China.
(c) Code 935--Any area or country including the cooperating country, but excluding the foreign policy restricted countries. NOTE: Iraq is currently included on the list of “foreign policy restricted countries” and would need to be removed from the list in order to permit procurement from Iraq.
(d) Code 941--The United States and any independent country (excluding foreign policy restricted countries), except the cooperating country itself and the following: Albania, Andorra, Angola, Armenia, Austria, Australia, Azerbaijan, Bahamas, Bahrain, Belgium, Bosnia and Herzegovina, Bulgaria, Belarus, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Gabon, Georgia, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Italy, Japan, Kazakhstan, Kuwait, Kyrgyzstan, Latvia, Liechtenstein, Lithuania, Luxembourg, Macedonia*, Malta, Moldova, Monaco, Mongolia, Montenegro*, Netherlands, New Zealand, Norway, Poland, Portugal, Qatar, Romania, Russia, San Marino, Saudi Arabia, Serbia*, Singapore, Slovak Republic, Slovenia, South Africa, Spain, Sweden, Switzerland, Taiwan*, Tajikistan, Turkmenistan, Ukraine, United Arab Emirates, United Kingdom, Uzbekistan, and Vatican City.
(e) Code 110 – Collective for New Independent States of the former Soviet Union.
-----------------------------------------------------------------
* Has the status of a "Geopolitical Entity", rather than an independent country.
ATTACHMENTS
ATTACHMENT 2
USAID FORM 1420-17 - CONTRACTOR BIOGRAPHICAL DATA SHEET
Form can be downloaded from the following website:
www.usaid.gov/procurement_bus_opp/procurement/forms
ATTACHMENT 3
SF LLL - DISCLOSURE OF LOBBYING ACTIVITIES
Form can be downloaded from the following website:
www.usaid.gov/procurement_bus_opp/procurement/forms
ATTACHMENT 4
CERTIFICATE OF CURRENT COST AND PRICING DATA
This is to certify that, to the best of my knowledge and belief, cost or pricing data (as defined in Section 15.801 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.804-2) submitted, either actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer's representative in support of __________________________ are accurate, complete, and current as of ____________________.** FIRM: __________________________________ NAME: __________________________________ TITLE: __________________________________ DATE OF EXECUTION: ______________________________
* Identify the proposal, quotation, request for price adjustment, or other submission involved, giving the appropriate identifying number (e.g., RFP Number).
** Insert the day, month, and year when price negotiations were concluded and price agreement was reached.
*** Insert the day, month, and year of signing, which should be as close as practicable to the date when price negotiations were concluded and the contract price was agreed to.
ATTACHMENT 5
MODEL SMALL BUSINESS/SMALL DISADVANTAGED SUBCONTRACTING PLAN
MODEL SUBCONTRACTING PLAN OUTLINE
Identification Data
Contractor: ____________________________________________________________ Address: ____________________________________________________________ ________________________________________________________________________ Solicitation or Contract Number:_____________________________________________ Project Title: _____________________________________________________________ Total Amount of Contract (Including Options) $__________________________________ Period of Contract Performance (MO. & YR.)___________________________________
* Federal Acquisition Regulation (FAR), paragraph 19.708(b) pr escribes the use of the clause at FAR 52.219-9 entitled "Small Business, Small Disadvantaged Business, and Women Owned Small Business Subcontracting Plan." The following is a suggested model for use when formulating such subcontracting plan. While this model plan has been designed to be consistent with 52.219-9, other formats of a subcontracting plan may be acceptable. However, failure to include the essential information as exemplified in this model may be cause for either a delay in acceptance or the rejection of a bid or offer where the clause is applicable. Further, the use of this model is not intended to waive other requirements that may be applicable under FAR 52.219-9. "SUBCONTRACT" as used in this clause, means any agreement (other than one involving an employer-employee relationship (entered into a Federal Government prime contractor or subcontractor calling for supplies or services required for performance of the contract or subcontract
1. Type of Plan (Check One) ____ Individual plan (All elements developed specifically for this contract and applicable for the full term of this contract).
____ Master plan (Goals developed for this contract; all other elements standard; must be renewed annually).
____ Commercial products plan (Contractor sells large quantities of off-the-shelf commodities to many Government agencies. Plans/goals negotiated by a lead agency on a company-wide basis rather than for individual contracts. Plan effective only during year approved. Contractor must provide copy of lead agency approval).
2. Goals
State separate dollar and percentage goals for small business concerns, small disadvantaged business concerns, and women-owned small business concerns as subcontractors as specified in FAR 52.219-9 and FAR 19.704(a)(1).
A. Total estimated dollar value of all planned subcontracting, i.e., with all types of organizations under this contract, is $______________.
B. Total estimated dollar value and percentage of planned subcontracting with small business concerns:
$____________________ and ______________%*
C. Total estimated dollar value and percentage of planned subcontracting with small disadvantaged business concerns: $____________________ and _______________%* D. Total estimated dollar value and percentage of planned subcontracting with women-owned small business concerns: $____________________ and _______________ %* (*Expressed as a percentage of "A") E. Description of all the products and/or services to be subcontracted under this contract, and an indication of the types of organizations supplying them: (i.e., LARGE BUSINESS (LB), SMALL BUSINESS (SB), SMALL DISADVANTAGED BUSINESS (SDB), AND WOMEN-OWNED SMALL BUSINESS (W-OSB).
(check all that apply)
Subcontracted Product/Service LB SB SDB W-OSB _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ (Attach additional sheets if necessary.) F. A description of the method used to develop the subcontracting goals for small, small disadvantaged, and women-owned small business concerns (i.e., explain the method and state the quantitative basis (in dollars) used to establish the percentage goals; also, explain how the areas to be subcontracted to small, small disadvantaged, and women-owned small business concerns were determined, and how the capilities of small, small disadvantaged, and women-owned small businesses were determined -- include any source lists used in the determination process).
_____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ G. Indirect costs have been ______ have not been ______ included in the dollar and percentage subcontracting goals stated above. (check one) H. If indirect costs have been included, explain the method used to determine the proportionate share of such costs to be allocated as subcontracts to small business, small disadvantaged business, and women-owned small business concerns.
_____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________
_____________________________________________________________________
3. Program Administrator
Name, title, position within the corporate structure, and duties and responsibilities of the employee who will administer the contractor's subcontracting program.
Name: ________________________________________________________ Title: _______________________________________________________ Address: _____________________________________________________ _____________________________________________________ Telephone: ___________________________________________________ Duties: Has general overall responsibility for the contractor's subcontracting program; i.e., developing, preparing, and executing individual subcontracting plans and monitoring performance relative to the requirements of this particular plan. These duties include, but are not limited to, the following activities:
A. Developing and promoting company-wide policy initiatives that demonstrate the company's support for awarding contracts and subcontracts to small, small disadvantaged, and women-owned small business concerns;
assuring that small, small disadvantaged, and women-owned small businesses are included on the source lists for solicitations for products and services for which they are capable of providing;
B. Developing and maintaining bidder's lists of small, small disadvantaged, and women-owned small business concerns from all possible sources;
C. Ensuring periodic rotation of potential subcontractors on bidder's lists;
D. Ensuring that procurement "packages" are designed to permit the maximum possible participation of small, small disadvantaged, and women-owned small businesses;
E. Making arrangements for the utilization of various sources for the identification of small, small disadvantaged, and women-owned small businesses such as the SBA's Procurement Automated Source System (PASS), the National Minority Purchasing Council Vendor Information Service, the Office of Minority Business Data Center in the Department of Commerce, and the facilities of local small business and minority associations, and maintaining contact with the Federal agency's Small and Disadvantaged Business Utilization Specialist.
F. Overseeing the establishment and maintenance of contract and subcontract award records;
G. Attending or arranging for the attendance of company counselors Business Opportunity Workshops, Minority Business Enterprise Seminars, Trade Fairs, Procurement Conferences, etc.;
H. Ensuring small, small disadvantaged, and women-owned small business concerns are made aware of subcontracting opportunities and of how to prepare responsive bids to the company;
I. Conducting or arranging for the conduct of training for purchasing personnel regarding the intent and impact of Public Law 95-507 et seq on purchasing procedures;
J. Monitoring the company's performance and making any adjustments necessary to achieve the Subcontracting Plan goals;
K. Preparing and submitting timely, required Subcontracting Reports, including SF 294 and SF 295;
L. Coordinating the company's activities during the conduct of compliance reviews by Federal agencies; and,
M. Other duties: ____________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________
4. Equitable Opportunity
Describe efforts the offeror will make to ensure that small, small disadvantaged, and women-owned small business concerns will have an equitable opportunity to compete for subcontracts. These efforts include, but are not limited to the following activities:
A. Outreach efforts to obtain sources:
1. Contacting minority and small business trade association;
2. Contacting business development organizations;
3. Attending small and minority business procurement conferences and trade fairs; and
4. Requesting sources from the Small Business Administration's Procurement Automated Source System (PASS).
5. Placing newspaper and magazine ads which encourage new sources.
B. Internal efforts to guide and encourage purchasing personnel:
1. Presenting workshops, seminars, and training programs;
2. Establishing, maintaining, and using small, small disadvantaged, and women-owned small businesses source lists, guides, and other data for soliciting subcontracts; and
3. Monitoring activities to evaluate compliance with the Subcontracting Plan.
C. Additional efforts: ____________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________
5. Flow-Down Clause
The contractor agrees to include the provisions under FAR 52.219-8, "Utilization of Small Business Concerns, Small Disadvantaged Business Concerns, and Women-Owned Small Business Concerns", in all subcontracts that offer further subcontracting opportunities. All subcontractors, except small business concerns, that receive subcontracts in excess of $500,000 ($1,000,000 for construction) must adopt and comply with a plan similar to the plan required by
FAR 52.219-9, "Small Business, Small Disadvantaged Business, and Women-Owned Small Business Subcontracting Plan." Ref. FAR 19.704 (a) (4)
6. Reporting and Cooperation The contractor gives assurance of (1) cooperation in any studies or surveys that may be required; (2) submission of periodic reports which show compliance with the Subcontracting Plan; (3) submission of Standard Form SF 294, "Subcontracting Report for Individual Contracts, "and SF 295, "Summary Subcontract Report," in accordance with the instructions on the forms; and (4) ensuring that subcontractors agree to submit SF 294 and SF 295.
Reporting Period Report Due Oct 1 - Mar 31 SF 294 04/30 Apr 1 - Sep 30 SF 294 10/30 Oct 1 - Sep 30 SF 295 10/30 ADDRESSES
(a) SF 294 and
(b) SF 295 to be submitted to:
Director
Office of Small and Disadvantaged Business Utilization/Minority Resource Center U.S. Agency for International Development Washington, DC 20523-1414
7. Recordkeeping
The following is a recitation of the types of records the contractor will maintain to demonstrate the procedures adopted to comply with the requirements and goals in the Subcontracting Plan. These records will include, but not be limited to, the following:
A. Small, small disadvantaged, and women-owned small business concerns source lists, guides, and other data identifying such vendors;
B. Organizations contacted in an attempt to locate small, small disadvantaged, and women-owned small business sources;
C. On a contract-by-contract basis, records on all subcontract solicitations over $100,000 which indicate for each solicitation (1) whether small business concerns were solicited, and if not, why not; (2) whether small disadvantaged business concerns were solicited, and if not, why not; (3) whether women-owned small business concerns were solicited, and if not, why not; and (4) reason for the failure of solicited small, small disadvantaged, or women-owned small business concerns to receive the subcontract award;
D. Records to support other outreach efforts, e.g., contacts with minority and small business trade associations, attendance at small and minority business procurement conferences and trade fairs;
E. Records to support internal guidance and encouragement provided buyers through (1) workshops, seminars, training programs, incentive awards; and (2) monitoring of activities to evaluate compliance; and F. On a contract-by-contract basis, records to support subcontract data including the name, address, and business size of each subcontractor. (This item is not required for company or division- wide commercial products plans.)
G. Additional records: ____________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ This subcontracting plan was submitted by:
Signature: ___________________________________________________ Typed Name: __________________________________________________ Title: _______________________________________________________ Date Prepared: _______________________________________________ Phone No.: ___________________________________________________
ATTACHMENT 6
SF 294 - SUBCONTRACTING REPORT FOR INDIVIDUAL CONTRACTS
Form can be downloaded from the following website:
www.usaid.gov/procurement_bus_opp/procurement/forms
ATTACHMENT 7
AID 1420 - 65 AID CONTRACTOR EMPLOYEE PHYSICAL EXAMINATION FORM
Form can be downloaded from the following website:
www.usaid.gov/procurement_bus_opp/procurement/forms
USAID
ISSUANCE DATE: March 04, 2003
- Date
- 4 March 2003
- Category
- USAID
- Text available
- English
- Source
- USAID — Internet Archive
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