Revised Draft Gold Rfp to Post on Fbo

8/9/2019 Revised Draft Gold Rfp to Post on Fbo

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March 6, 2013

TO: Prospective Offerors

SUBJECT: Request for Proposal No.: SOL-168-13-000002 Growth-Oriented Local Development (GOLD) Program in Bosnia and Herzegovina

The United States Agency for International Development (USAID), through the Regional ContractingOffice in Kosovo, intends to award a Cost-Plus-Fixed Fee Completion contract to implement the Growth-Oriented Local Development (GOLD) Program in Bosnia and Herzegovina. Please note that this is a new

procurement and not a follow-on to previous work.

USAID encourages your organization to indicate its interest in this solicitation by submitting a proposalin accordance with the instructions in Section L, Instructions to Offerors. The offeror must send its

separate technical and cost proposals to Brian Aaron at [email protected] and Viktoria Hollosy [email protected] by no later than the date and time indicate d in Section L.6 Acquisition Schedule .USAID will evaluate the responsive proposals in accordance with the evaluation factors provided inSection M, Evaluation Factors for Award.

Potential offerors may submit questions, in writing, to the same individuals noted above by no later thanthe date and time indicated in Section L.6 Acquisition Schedule .

This RFP in no way obligates the United States Government to pay any cost incurred in preparing andsubmitting your proposal. In addition, the Government reserves the right to reject any and all offerors, ifsuch action is considered in the best interest of the Government. Furthermore, the Government reservesthe right to make an award with or without discussions.

Thank you for your interest in working with USAID/Bosnia and Herzegovina.

Best regards,

/s/ R. Brian Aaron

Brian AaronContracting Officer

Regional Contracting OfficeUSAID/KosovoArberia, Ismail Qemali Street, House No. 110000 PristinaKosovo
mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]


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Request for Proposal No.: SOL-168-13-000002Growth-Oriented Local Development (GOLD) Program in Bosnia and Herzegovina

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SECTION H SPECIAL CONTRACT REQUIREMENTS..................................................................... 27

H.1 Notice Listing Contract Clauses Incorporated by Reference ........... .......... ........... .......... ........... .......27H.2 Language Requirements .......... ........... .......... ........... .......... ........... .......... ........... .......... ........... .......... .... 27H.3 Emergency Locator Information .......... .......... ........... .......... ........... .......... .......... ........... .......... .......... ... 27H.4 Source and Nationality Requirements ........ ........... .......... ........... .......... ........... .......... ........... .......... .... 28H.5 Authorized Geographic Code ............... ........... .......... ........... .......... ........... .......... ........... .......... ........... 28H.6 Workers Compensat ion Insurance (Defense Base Act) ........... .......... ........... .......... ........... .......... .... 29H.7 Defense Base Act Insurance and Services ................. ........... .......... ........... .......... ........... .......... ........... 29H.8 Medical Evacuation (MEDEVAC) Services ............ .......... .......... ........... .......... ........... .......... ........... .. 30H.9 USAID Disability Policy Acquisition (DEC 2004) ................... .......... ........... .......... ........... .......... .... 30H.10 Reporting of Foreign Taxes (JUL 2007) ......... ........... .......... ........... .......... ........... .......... ........... ....... 31H.11 Personnel Compensation ........... .......... ........... .......... ........... .......... ........... .......... ........... .......... ........... 32H.12 Additional Requirements for Personnel Compensation ........ .......... ........... .......... ........... .......... ...... 32H.13 Salary Supplements for Host Government (HG) Employees ................. ........... .......... ........... ......... 33H.14 International Travel Approval and Notification Requirements ......... .......... ........... .......... ........... .. 33H.15 Leave and Holidays ............ ........... .......... .......... ........... .......... ........... .......... ........... .......... ........... ....... 34H.16 Employment Costs of TCNs and CCNs . .......... ........... .......... ........... .......... ........... .......... ........... ....... 36H.17 Nonexpendable Property Purchases ........... ........... .......... .......... ........... .......... ........... .......... ........... .. 37H.18 Information Technology Resources ....... .......... ........... .......... ........... .......... ........... .......... ........... ....... 37H.19 Management of Information Technology Resources ........... ........... .......... ........... .......... ........... ....... 37H.20 Title to and Care of Property ........... .......... ........... .......... ........... .......... ........... .......... ........... .......... .... 38H.21 Government Furnished Facilities or Property ...... .......... ........... .......... .......... ........... .......... ........... .. 39 H.22 Logistic Support .................................................................................................................................. 39H.23 Contractor-Mission Relationships .......... .......... ........... .......... ........... .......... ........... .......... ........... ....... 39H.24 Disclosure of Information ............ ........... .......... ........... .......... ........... .......... ........... .......... ........... ....... 39H.25 Organizational Conflicts of Interest .......... ........... .......... ........... .......... ........... .......... ........... .......... .... 40H.26 Organizational Conflicts of Interest Discovered After Award ........... .......... ........... .......... ........... .. 40H.27 Executive Order on Terrorism Financing .... .......... ........... .......... ........... .......... ........... .......... ........... 40H.28 Foreign Government Delegations to International Conferences .......... .......... ........... .......... ........... 41H.29 Environmental Compliance .......... ........... .......... ........... .......... ........... .......... ........... .......... ........... ....... 41H.30 Standards of Conduct Improper Business Practices ......... ........... .......... ........... .......... ........... ....... 42H.31 Consent to Subcontract .......... ........... .......... ........... .......... ........... .......... ........... .......... ........... .......... .... 42

H.32 Grants under Contracts ........... ........... .......... ........... .......... ........... .......... .......... ........... .......... ........... .. 43H.33 Nondiscrimination (JUNE 2012) ........... ........... .......... ........... .......... ........... .......... .......... ........... ......... 44H.34 Prohibition On The Use Of Federal Funds To Promote, Support, Or Advocate

The Legalizations Or Practice Of Prostitution Tip Acquisition (May 2007) .............................. 45H.35 Export and Investment Promotion Restrictions and Related Matters ............................................ 45

PART II CONTRACT CLAUSES

SECTION I CONTRACT CLAUSES ........... .......... ........... .......... ........... .......... ........... .......... ........... ....... 47

I.1 Notice Listing Contract Clauses Incorporated by Reference . ........... .......... ........... .......... ........... ....... 47I.2 52.232-99 Providing Accelerated Payment to Small Business Subcontractors

(Deviation) (AUG 2012) ......................................................................................................................... 49I.3 52.252-3 Clauses Incorporated by Reference (FEB 1998) ........... .......... ........... .......... ........... .......... .... 49

PART III LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J LIST OF ATTACHMENTS .......... ........... .......... .......... ........... .......... ........... .......... ........... .. 50

J.1 Statement of Objectives .......... ........... .......... .......... ........... .......... ........... .......... ........... .......... ........... ....... 76J.2 Branding and Implementation Plan and Marking Plan .................. ........... .......... .......... ........... ......... 94


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J.3 Local Compensation Plan for Foreign Service Nationals .................... .......... .......... ........... .......... ...... 95J.4 Contractor Performance Report Short Form .......... ........... .......... .......... ........... .......... ........... ......... 96J.5 Identification of Principal Geographic Code Numbers ....... .......... ........... .......... ........... .......... .......... . 97J.6 Summary Budget Format .......... ........... .......... ........... .......... ........... .......... .......... ........... .......... ........... .. 98J.7 Budget Line Item Definitions and Illustrations .......... ........... .......... ........... .......... ........... .......... ........... 99J.8 Initial Environmental Examination (Relevant Sections Only) .......... ........... .......... ........... .......... ..... 101

PART IV REPRESENTATIONS AND INSTRUCTIONS

SECTION K REPRESENTATIONS, CERTIFICATIONS, ANDOTHER STATEMENTS OF OFFERORS .......... ........... .......... .......... ........... .......... ........... .......... ........... .. 51

K.1 Notice Listing Contract Clauses Incorporated by Reference .......... .......... ........... .......... ........... ....... 51K.2 52.204-8 Annual Representations and Certifications (DEC 2012) .......... ........... .......... ........... ......... 51K.3 52.209-7 Information Regarding Responsibility Matters (FEB 2012) .......... .......... ........... .......... .... 52

SECTION L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS .......... .......... ...... 54

L.1 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) .......... .......... ........... ......... 54L.2 Notice Listing Contract Clauses Incorporated by Reference ..... ........... .......... ........... .......... ........... .. 54L.3 52.215-1 Instructions to Offerors Competitive Acquisition (JAN 2004) ........... .......... ........... ....... 54L.4 52.216-1 Type of Contract (APR 1984) .......... ........... .......... .......... ........... .......... ........... .......... ........... .. 58L.5 52.233-2 Service of Protest (SEP 2006)........ .......... ........... .......... .......... ........... .......... ........... .......... ...... 58L.6 Acquisition Schedule .......... .......... ........... .......... .......... ........... .......... ........... .......... ........... .......... ........... 59 L.7 General Instructions to Offerors ... ........... .......... ........... .......... ........... .......... ........... .......... .......... ........ 59 L.8 Instructions for the Preparation of the Technical Proposal .......... ........... .......... ........... .......... ........... 61L.9 Instructions for the Preparation of the Cost Proposal ........... .......... ........... .......... .......... ........... ........ 65 L.10 Instructions for the Preparation of the Branding Implementation Plan and the Marking Plan .. 70

SECTION M EVALUATION FACTORS FOR AWARD ...................................................................... 71

M.1 Award Without Discussions ......... ........... ........... .......... ........... .......... .......... ........... .......... ........... ......... 71

M.2 Source Selection .......... .......... ........... .......... .......... ........... .......... ........... .......... ........... .......... ........... ....... 71M.3 Determination of Competitive Range ......... ........... .......... ........... .......... ........... .......... ........... .......... .... 71M.4 Technical Proposal Evaluation Factors ........... .......... ........... .......... .......... ........... .......... ........... ......... 72 M.5 Evaluation of Cost Proposals ............ .......... ........... .......... ........... .......... ........... .......... ........... .......... .... 75


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PART I THE SCHEDULE

SECTION B SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 Purpose

The Economic Development Office in the United States Agency for International Developments ( USAIDor Agency) Mission in Bosnia and Herzegovina (BiH) requires technical services to implement theGrowth-Oriented Local Development (GOLD) Program in BiH. GOLD will increase the level of growth-oriented economic activity in selected localities in BiH.

B.2 Contract Type

USAID will award a Cost-Plus-Fixed-Fee Completion Contract . For the consideration set forth in thecontract, the contractor must provide the deliverables and results described in Section C and Section F (to

be incorporated at contract award). The contractor must also comply with all other contract requirements.

B.3 Estimated Cost, Ceiling Price, Fixed Fee, and Obligated Amount

USAID estimates the following price range for this contract: $18,500,000-20,000,000 .

(a) The estimated cost for the performance of the work required hereunder, exclusive of fixed fee, if any,is TBD . The fixed fee, if any, is TBD . The estimated cost plus fixed fee, if any, is TBD .

(b) Within the estimated cost plus fixed fee (if any) specified in paragraph (a) above, the amount currentlyobligated and available for reimbursement of allowable costs incurred by the Contractor (and payment offee, if any) for performance hereunder is TBD . The Contractor shall not exceed the aforesaid obligatedamount.

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

B.4 Price Schedule

Cost Category AmountTotal Estimated Cost TBDSmall Grants Fund See Section L.9.2.9Fixed-Fee TBD

Total Estimated Cost-Plus-Fixed-Fee TBD

(a) The inclusion of any costs in the above budget does not obviate the requirement for prior

approval by the contracting officer of cost items designated as requiring prior approval by any ofthe terms and conditions of this contract, including the applicable cost principles (see FAR 52.216- 07, Allowable Cost and Payment); nor does it constitute a determination of allowability

by the contracting officer of any item of cost, unless specifically stated elsewhere in this contract.Also, these amounts may not be adjusted without a written modification signed by the contractingofficer. The contractor will not bill any amounts against this contract in excess of the amountsspecified for each line item.


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



(b) The Government will not be obligated to pay any additional amount should the final indirect costrates exceed the negotiated ceiling rates. If the final indirect cost rates are less than the negotiatedceiling rates, the negotiated rates will be reduced to conform to the lower rates.

(c) This understanding will not change any monetary ceiling, obligation, or specific cost allowanceor disallowance. Any changes in classifying or allocating indirect costs require the prior writtenapproval of the Contracting Officer.

For Major Subcontractor(s):

(a) Reimbursement for indirect costs will be at the lower of the negotiated final (or predetermined)rates or the following ceiling rates:

Description Rate Base Type Period

Indirect Cost X % 1/ 1/ 1/Indirect Cost Y % 2/ 2/ 2/

Indirect Cost Z % 3/ 3/ 3/



3/Base of Application:Type of Rate:

Period:

(b) The Government will not be obligated to pay any additional amount should the final indirect costrates exceed the negotiated ceiling rates. If the final indirect cost rates are less than the negotiatedceiling rates, the negotiated rates will be reduced to conform to the lower rates.

(c) This understanding will not change any monetary ceiling, obligation, or specific cost allowanceor disallowance. Any changes in classifying or allocating indirect costs require the prior writtenapproval of the Contracting Officer.


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B.7 Cost Reimbursable

(a) The U.S. dollar costs allowable will be limited to reasonable, allocable, and necessary costsdetermined in accordance with FAR 52.216- 7, Allowable Cost and Payment, FAR 52.216-8, Fixed Fee, FAR 52.232- 20, Limitation of Cost, and FAR 52-232- 22, Limitation ofFunds, if applicable, and AIDAR 752.7003, Documentation for Payment.

B.8 Payment of Fixed Fee

USAID will pay a proportion of the contractors fixed fee each mont h pursuant to FAR 52.216-8,Fixed Fee, upon the receipt of an invoice deemed proper by the Regional Financial Management Center(RFMC) located in USAID/Bosnia and Herzegovina.

END OF SECTION B


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SECTION C STATEMENT OF OBJECTIVES

The contractors proposed statement of work will become Section C in the resultant contract.

END OF SECTION C


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SECTION D PACKAGING AND MARKING

D.1 Marking

AIDAR 752.7009, Marking, (JAN 1993) provides:

(a) It is USAID policy that USAID-financed commodities and shipping containers, and projectconstruction 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 financingdocument 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 ofcommodities 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 indicatedon the cover page of this contract, or by the Mission Director in the Cooperating Country towhich 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 tothe Contracting Officer; the original should be retained by the Contractor.

D.2 Branding

This Program will be branded and marked in accordance with ADS 320 requirements for USAID directcontracting, but also taking into account Sidas contribution for the Program. Agency policy requires thatimplementing partners provide a "Branding Implementing Strategy," indicating how they propose toname and promote the USAID-funded programs, and a "Marking Plan," detailing project materials that

will showcase the USAID and Sida identities.

1. A well-defined Branding Implementing Strategy describes how the program is named and positioned;how it is promoted and communicated to beneficiaries, and BiH citizens; and how both donors, USAIDand Sida, will be identified and acknowledged.

2. A well-defined Marking Plan details the public communications, commodities, and program materialsand other items that will visibly bear the USAID and Sida identities.

The Contractor must comply with the requirements of USAID Graphic Standards Manual available at:www.usaid.gov/branding or any successor branding policy.

D.3 Branding Implementation and Marking Plan

(a) Attachment J.2 of the contract includes the approved Branding Implementation Plan and theMarking Plan submitted by the contractor on TBD (to be incorporated at contract award) .

END OF SECTION D
http://www.usaid.gov/brandinghttp://www.usaid.gov/brandinghttp://www.usaid.gov/branding


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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 FAR 52.252- 2, Clauses Incorporated By Reference, inSection I of this contract.

NUMBER TITLE DATE

Federal Acquisition Regulation (48 CFR Chapter 1)

52.246-3 Inspection of Supplies Cost Reimbursement MAY 200152.246-5 Inspection of Services Cost Reimbursement APR 1984

E.2 Inspection and Acceptance

(a) USAID inspection and acceptance of services, reports, and other required deliverables or outputswill take place at the below location:

Economic Development OfficeUSAID/Bosnia and HerzegovinaRobert Frasure Street #171000 SarajevoBosnia and Herzegovina

(b) USAID reserves the right to inspect and accept any services, reports, and other requireddeliverables or outputs where the services are performed and where reports and deliverables oroutputs are produced or submitted. The contracting officer has delegated authority to inspect andaccept all services, reports, and required deliverables or outputs to the Contracting Officers

Representative (COR) listed in Section G below.

END OF SECTION E


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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 FAR 52.252- 2, Clauses Incorporated by Reference, inSection I of this contract.

NUMBER TITLE DATE

Federal Acquisition Regulation (48 CFR Chapter 1)

52.242-15 STOP-WORK ORDER AUG 198952.242-15 STOP-WORK ORDER ALTERNATE I APR 1984

F.2 Period of Performance

(a) The period of performance for this contract is five years effective the date of the contractingofficers signature on the cover page until [].

(b) Subject to the Cost-Plus-Fixed-Fee amount of this contract, the COR may extend the estimatedcompletion date, provided that the extension does not cause the elapsed time for completion ofthe work, including the furnishing of all deliverables, to extend beyond sixty (60) calendar daysfrom the original completion date of the contract. Prior to the original completion date, thecontractor will provide a copy of the COR s written approval for any extension of the term of thecontract to the contracting officer; in addition, the contractor will attach a copy of the COR sapproval to the final voucher submitted for payment.

(c) The contractor must ensure that the COR-approved adjustments to the original estimatedcompletion date do not result in costs incurred that exceed the total estimated contract cost. Under

no circumstances will such adjustments authorize the contractor to be paid any sum in excess ofthe total estimated contract cost.

(d) The contracting officer must approve in advance any adjustments that will cause the elapsed timefor completion of the work to exceed the contracts original completion date by more than 60calendar days.

F.3 Place of Performance

The place of performance under this contract is Bosnia and Herzegovina as specified in theStatement of Objectives incorporated under Section J.1.

F.4 Performance Standards

USAID will evaluate the contractors performance in accordance with FAR 42.15,corresponding USAID procedures, and the contractors adherence to the annual work plan,reporting against its Performance Monitoring Plan (PMP), and quality of reports described inSection F below. USAID will evaluate the contractors performance during the initial,intermediate, and final periods of the contract in accordance with the Contractor PerformanceAssessment Reporting System (CPARS). The contracting officer and the COR will jointly


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conduct the evaluation of the contractors overall performance. This evaluation will form the basis of the contractors permanent performance record unde r this contract.

F.5 Key Personnel

(a) The contractor must furnish the following individuals deemed key personnel for the performanceof this contract.

No. Key Personnel Position Individual1 Chief of Party [] 2 TBD []

3 TBD [] 4 TBD [] 5 TBD []

(b) The key personnel identified above are considered essential to the work being performed underthis contract. The contractor must remain responsible for providing such key personnel for full-time performance for the term of this contract unless otherwise agreed to by the contractingofficer.

(c) The failure to provide the key personnel designated above may be considered nonperformanceunless such failure is beyond the control, and through no fault or negligence, of the contractor.

(d) The contractor must immediately notify the contracting officer and the COR of any key personnels departure and the reasons therefore.

(e) The contractor must take steps to immediately rectify this situation and will propose a substitutecandidate for each vacated position along with a budget impact statement in sufficient detail to

permit evaluation of the impact on the program.

(f) The contractor must not replace any of the key personnel without the written consent of thecontracting officer and the COR whether provided in advance or by ratification.

(g) USAID reserves the right to adjust the level of key personnel during the performance of thiscontract.

F.6 Authorized Work Day/Week

(a) Overseas Employee - The work week for the Contractor's overseas employees shall not be less than 40hours and shall be scheduled to coincide with the work week for those employees of the USAID Missionand the Cooperating Country associated with the work of this contract.

(b) A six-day work week may be authorized for short term personnel while in Bosnia if approved by theCOR.

No premium pay will be approved under this contract.

F.7 Periodic Progress Reports

AIDAR 752.242-70 provides:


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(a) The contractor shall prepare and submit progress reports as specified in the contract schedule.These reports are separate from the interim and final performance evaluation reports prepared byUSAID in accordance with 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 contractingofficer may withhold from payment an amount not to exceed US$25,000 (or local currencyequivalent) or 5 percent of the amount of this contract, whichever is less, until such time as thecontractor submits the report or the contracting officer determines that the delay no longer has adetrimental effect on the Government's ability to monitor the contractor's progress.

F.8 Reports

The cover page of all reports prepared by the contractor, pursuant to AIDAR 7572.242.70 PeriodicProgress Reports, shall include a descriptive title, the authors name(s), the activity name, the activitynumber, the contract number, the Contractors name, the name of the USAID activity office and the COR,and the publication or issuance date of the report.

The Contractor shall be responsible for delivery of draft reports, schedules, plans, and other documentsdescribed below. Such documents as schedules or plans that do not readily confirm to the forgoing formatwill be presented in a form to be agreed by COR.

Unless USAID/BiH provides specific instructions, all reports must be submitted in a hard and electroniccopy to both USAID and Sida to the following addresses:

U.S. Agency for International DevelopmentEconomic Development OfficeR. Frausera b

Sarajevo 71000Bosnia and Herzegovina

Embassy of SwedenDevelopment Cooperation/SidaFerhadija 20Sarajevo 71 000Bosnia and Herzegovina

F.8.1 Reports Submission Schedule

(a) The contractor must comply with the below schedule for the submission of each report listed below.

No. Reporting Requirement Submission Date1 Annual Work Plan Within 60 calendar days from the start date of the

contract and subsequent annual work plans are dueno later than 30 days before the beginning ofsucceeding years.

2 Performance Management Plan (PMP) Within 60 calendar days from the start date of the


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contract for JMC (USAID and Sida) approval. DraftPMP will be considered final after all JMCcomments and recommendations are addressed bythe Contractor.

3 Grants Manual 75 calendar days from the date of contract award forJMC and CO review and approval.

4 Quarterly Performance Reports 15 calendar days after the end of the quarter5 Quarterly Financial Reports 15 calendar days after the end of the quarter7 Quarterly Accrual Reports 10 calendar days before the end of the quarter8 Annual Summary Reports 30 calendar days after the end of the year9 Annual Program Reviews As needed, may be requested annually

10 Demobilization Plan Four months prior to the completion date of thecontract

11 Completion Report 60 calendar days from the end date of the contract12 Development Experience Clearinghouse

submissionsAs appropriate documents are finalized

F.8.2 Annual Work Plans

Within 60 calendar days from the start date of the contract, the Contractor shall provide toUSAID/SIDA/JMC for approval a work plan for the first years activities, schedules and targets. Thiswork plan shall include a description of the principal tasks and assistance activities to be undertaken bythe Contractor over the first year of the contract, a proposed schedule of such activities, a listing of

principal counterpart for each proposed activity, and a description and estimate of amounts of short-termexpertise, training and other support resources that would be required to provide the assistance proposed.

The work plan shall also include a description of what each assistance activity or combination of activitiesis expected to accomplish and its baseline data and will indicate how and to what extent thoseaccomplishments will contribute to the achievement of overall targets and benchmarks for the project. Itshall further include a detailed performance monitoring plan indicating results indicators. Subsequentannual work plans will be updated annually, or more frequently as conditions warrant, due no later than30 days before the beginning of succeeding year.

F.8.3 Performance Management Plan

As a part of the initial work plan, the Contractor shall provide a Performance Monitoring Plan (PMP) thatallows for documenting implementation progress against specified performance indicators and relatedtargets and benchmarks. The PMP will include indicators for the overall performance period as well as foreach year. Appropriate consideration/indicators for youth, gender and environment are required. The

Contractor will utilize performance indicators to measure the results for each project components andestablish baseline measurements to assess the impact of proposed interventions as well as data sourcesand collection methods.

The Contractor shall develop a Return on Investment (ROI) or similar cost-benefit framework that willtrack the effectiveness of use of project resources and to produce a verifiable and quantifiable impact of

project interventions. As a part of the PMP, the Contractor will propose to the JMC the ROI expected to be achieved over the life of project. The Contractor is expected to propose to the JMC for approval theROI/cost benefit methodology (including data sources and validity).


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F.8.4 Grants Manual

The Contractor shall follow ADS 302 and ADS 303 in all respect and all relevant rules and regulation andis required to submit a Grants Management Manual for JMC and CO review and approval. TheContractor may not award Grants to Foreign Governments (See guidance at:http://inside.usaid.gov//ADS/300/302.doc , http://inside.usaid.gov//ADS/300/350.doc ). Contractor may

proceed with the award of grants upon receipt of notice to proceed from the USAID Contracting Officer.

F.8.5 Quarterly Performance Reports

Quarterly performance reports will present progress on all activities and will include the followinginformation at a minimum:

Outline of project purpose and project approach; Description of significant events during the reporting period; Status of each of activities and tasks as defined in the Work Plan; Status of overall project progress per impact indicators as defined in the Work Plan and the

performance monitoring plan;

Elements of PMP, including ROI/cost benefit as described in the approved PMP andROI/cost benefit framework;

List of reports/deliverables completed in the reporting period; Performance problems during the reporting period; Status of budget expenditures; List of major activities planned for next quarter including indicators and associated targets; Any relevant information that has affected or will affect project progress.

F.8.6 Quarterly Financial Report

Quarterly financial reports will be submitted to USAID. They should be disaggregated by element leveland contain, at a minimum:

Total funds awarded to date by USAID into the contract;Total funds previously reported as expended by contractor by main line items;Total funds expended in the current quarter by the contractor by main line items;Total un-liquidated obligations by main line items;List of the significant expenses incurred during the period;Projected expenditures for next quarter

The contractor is solely responsible for not exceeding obligated amounts, and is reminded of the requirednotification to the CO as to the percentage of funds expended against the total obligated and availableamount as set forth in FAR 52.232- 22 Limitation of Funds.

F.8.7 Quarterly Accrual Report

Quarterly accrual reports will be submitted to USAID that will provide contractual information pertainingto the following information:

Total Estimated Cost remaining in the contract;Unliquidated balance in the contract;Accrual amount;
http://inside.usaid.gov/ADS/300/302.dochttp://inside.usaid.gov/ADS/300/302.dochttp://inside.usaid.gov/ADS/300/350.dochttp://inside.usaid.gov/ADS/300/350.dochttp://inside.usaid.gov/ADS/300/350.dochttp://inside.usaid.gov/ADS/300/302.doc


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Estimated Pipeline amount

The COR will provide a template for the contractor to follow.

F.8.8 Annual Summary Report

The contractor will prepare and submit to the USAID COR an annual report within 30 calendar days afterthe end of the first full fiscal year and annually thereafter (unless a different annual schedule is provided

by USAID), for each authorized year of performance. Annual reports will summarize activities andresults during the year in relation to the approved Work Plan and will be based on the USAID fiscal year,which runs from October 1-September 30. The report should contain an executive summary and thefollowing, at a minimum:

Progress (activities completed, benchmarks achieved, performance standards completed -indicator table using format provided by COR shall form part of the report)) since the last report

by program area;Problems encountered and whether they were solved or are still outstanding;Proposed solutions to new or ongoing problems;Success stories (if available) and a brief analysis on the general economic context;Documentation of best practices that can be taken to scale; andEnvironmental Status Report (ESR) section based on the approved IEE and EMMP (if required).

F.8.9 Annual Program Reviews

Complementing the Annual Summary Report, the contractor may, at the COR s request, hold annual program reviews with USAID and Sida and selected stakeholders to present results, review progress, anddetermine adjustments to the program. Agenda for the review should be determined in collaboration withUSAID.

F.8.10 Demobilization Plan

Four months prior to the completion date of the contract, the Contractor shall submit a DemobilizationPlan to the COR. The Demobilization Plan shall include at a minimum, an illustrative Propertydisposition Plan; a plan for the phase out of in-country operations; a delivery schedule for all reports andother deliverables required under the contract; and a timeline for completing all required actions in theDemobilization Plan to the cognizant Contracting Officer. Both the illustrative and final PropertyDisposition Plans shall address all requirements under U.S. and Bosnia and Herzegovinas law for thetransfer of property and shall include the inventory schedule required by FAR 52.245-5, a plan for thedisposition of property to eligible parties and a timeline for disposition of such property. TheDemobilization Plan shall be approved in writing by the Contracting Officer.

F.8.11 Completion Report

60 calendar days from the end date of the contract, the Contractor shall prepare a completion report whichhighlights accomplishments against the work plan, gives the final status of benchmarks and tangibleresults, addresses lessons learned during the implementation and suggests ways to resolve constraintsidentified. A final PMP including the ROI/cost benefit will be part of the final report.


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F.8.12 Submission of Development Experience Documents

Pursuant to AIDAR 752.7005, Submission Requirements for Development Experience Documents(DEC 2004):

(a) Contract Reports and Information/Intellectual Products.

(1) The contractor will submit to USAIDs Development Experience Clearinghouse (DEC) copies ofreports and information products which describe, communicate or organize program/projectdevelopment assistance activities, methods, technologies, management, research, results andexperience as outlined in the Agency's ADS Chapter 540. Information may be obtained from theCOR. These reports include: assessments, evaluations, studies, development experiencedocuments, technical reports and annual reports. The contractor will also submit to copies ofinformation products including training materials, publications, databases, computer software

programs, videos and other intellectual deliverable materials required under the ContractSchedule. Time-sensitive materials such as newsletters, brochures, bulletins or periodic reportscovering periods of less than a year are not to be submitted.

(2) Upon contract completion, the contractor shall submit to DEC an index of all reports andinformation/intellectual products referenced in paragraph (a)(1) of this clause.

(b) Submission Requirements.

(1) Distribution. (i) At the same time submission is made to the COR, the contractor will submit, onecopy each, of contract reports and information/intellectual products (referenced in paragraph(a)(1) of this clause) in either online, by email or paper form to one of the following:

Online: http://www.usaid.gov/results-and-data/information-resources/development-experience-clearinghouse-dec

Via email: [email protected] Via mail (for pouch delivery):USAID Development Experience ClearinghouseM/CIO/ITSD/KM/DECRRB M.01-010Washington, DC 20523-6100

(ii) The contractor will submit the reports index referenced in paragraph (a)(2) of this clause andany reports referenced in paragraph (a)(1) of this clause that have not been previously submittedto DEC, within 30 days after completion of the contract to one of the address cited in paragraph(b)(1)(i) of this clause.

(2) Format. (i) Descriptive information is required for all contractor products submitted. The title page of all reports and information products shall include the contract number(s), contractorname(s), name of the USAID cognizant technical office, the publication or issuance date of thedocument, document title, author name(s), and strategic objective or activity title and associatednumber. In addition, all materials submitted in accordance with this clause shall have attached ona separate cover sheet the name, organization, address, telephone number, fax number, andInternet address of the submitting party.
http://www.usaid.gov/results-and-data/information-resources/development-experience-http://www.usaid.gov/results-and-data/information-resources/development-experience-mailto:[email protected]:[email protected]:[email protected]:[email protected]://www.usaid.gov/results-and-data/information-resources/development-experience-


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(ii) The report in paper form will be prepared using non-glossy paper (preferably recycled andwhite or off-white) using black ink. Elaborate art work, multicolor printing and expensive

bindings are not to be used. Whenever possible, pages shall be printed on both sides.

(iii) The electronic document submitted will consist of only one electronic file which comprisesthe complete and final equivalent of the paper copy.

(iv) Acceptable software formats for electronic documents include Microsoft Word and PortableDocument Format (PDF). Submission in PDF is encouraged.

(v) The electronic document submission will include the following descriptive information:

(A) Name and version of the application software used to create the file, e.g., WordPerfectVersion 9.0 or Acrobat Version 5.0.

(B) The format for any graphic and/or image file submitted, e.g., TIFF-compatible.

(C) Any other necessary information, e.g., special backup or data compression routines, softwareused for storing/retrieving submitted data or program installation instructions.

For more information see ADS 540.

F.9 Evaluation

A performance evaluation of the award will be carried out by external consultants at approximately life of project midpoint, or at another time point, as agreed by the two donors. The donors may carry outadditional evaluations, as needed.

F.10 Audit

A financial audit of the award will be carried out by external consultants at approximately life of projectmidpoint, or at another time point, as agreed by the two donors. The donors may carry out additionalaudits, as needed.

F.11 Deliverables

(a) The contractor must electronically submit all written deliverables to the COR . Additionally, theCOR may request bound or color deliverables.

[TBD at contract award based upon the deliverable table proposed by the Offeror.]

No. Deliverable Submission Date


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No. Deliverable Submission Date

END OF SECTION F


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(c) The COR is authorized by designation to take any or all action with respect to the followingwhich 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 accordancewith the contract terms, conditions and specifications.

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

(3) Maintain all liaison and direct communications with the contractor. All requests from thecontractor to the contracting officer must be through the COR.

(4) Issue written interpretations of technical requirements of Government drawings, designs andspecifications.

(5) Monitor the contractor s production or performance progress and notify the contractor inwriting of deficiencies observed during surveillance, and direct appropriate action to effectcorrection. Record and report to the contracting officer incidents of faulty or nonconformingwork, delays or problems.

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

(7) Review and approve statements of work for individuals proposed to provide short-termtechnical assistance.

(d) Limitations. The COR is not empowered to award, agree to, or sign any contract (includingdelivery or purchase orders) or modifications thereto, or in any way to obligate the payment ofmoney by the U.S. Government. The COR may not take any action which might impact on thecontract schedule, funds and scope of work. All contractual agreements, commitments ormodifications which involve prices, quantities, quality and schedules shall be made only by thecontracting officer.

(e) In the absence of the designated COR, the COR may designate someone to serve as AlternateCOR in their place. However, such action to direct an individual to act in the COR's stead shallimmediately be communicated to the Contractor and the Contracting Officer.

(f) Contractual Issues. Contractual issues, of any nature, that might arise during the life of thecontract must be handled in conformance with specific public laws and regulations (i.e. FederalAcquisition Regulation and Agency for International Development Acquisition Regulation). The

contractor, through the COR, shall bring all contracting issues to the immediate attention of thecontracting Officer. Only the contracting officer is authorized to formally resolve such issues.The contracting officer will be responsible for resolving legal issues, determining contract scopeand interpreting contract terms and conditions. The contracting officer is the sole authorityauthorized to approve changes in any of the requirements under this contract. Notwithstandingany clause contained elsewhere in this contract, the said authority remains solely with thecontracting officer. These changes include, but will not be limited to the following areas: rate ofutilization of LOE, 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


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of any other person other than the contracting officer, the change will be considered to have beenmade without authority.

(1) Failure by the contractor to report to the contracting officer any action by the Governmentconsidered 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 equitableadjustments.

G.5 Acceptance and Approval

(a) The COR must accept and approve all deliverables before receipt of final payment.

G.6 Paying Office

(a) The Regional Financial Management Center (RFMC) located in USAID/Bosnia and Herzegovinawill serve as the paying office for this contract.

G.7 Documentation of Payment

AIDAR 752.7003 , Documentation for Payment, (NOV 1998) provides in full:

(a) Claims for reimbursement or payment under this contract must be submitted to the Paying Officeindicated in the schedule of this contract. The COR is the authorized representative of the UnitedStates Government to approve vouchers under this contract. The Contractor must submit either

paper or fax versions of the SF-1034--Public Voucher for Purchases and Services Other ThanPersonal. Each voucher shall be identified by the appropriate USAID contract number, in theamount of dollar expenditures made during the period covered.

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

TOTAL EXPENDITURES(Document Number XXX-X-XX-XXXX-XX)Line Item Description Amt. Vouchered

to DateAmt. Voucheredthis Period

0001 Product/Service Desc. for Line Item 0001 $XXXX.XX $XXXX.XX0002 Product/Service Desc. for Line Item 0002 $XXXX.XX $XXXX.XX

Total $XXXX.XX $XXXX.XX


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(2) The fiscal report shall include the following certification signed by an authorizedrepresentative of the Contractor:

The undersigned hereby certifies to the best of my knowledge and belief that the fiscal report andany attachments have been prepared from the books and records of the Contractor in accordancewith the terms of this contract and are correct: the sum claimed under this contract is proper anddue, and all the costs of contract performance (except as herewith reported in writing) have been

paid, or to the extent allowed under the applicable payment clause, will be paid currently by theContractor when due in the ordinary course of business; the work reflected by these costs has

been performed, and the quantities and amounts involved are consistent with the requirements ofthis Contract; all required Contracting Officer approvals have been obtained; and appropriaterefund to USAID will be made promptly upon request in the event of disallowance of costs notreimbursable under the terms of this contract.

BY: ______________________________________________________

TITLE: _____________________________________________________

DATE: _____________________________________________________

(b) Local currency payment. The contractor is fully responsible for the proper expenditure andcontrol of local currency, if any, provided under this contract. Local currency will be provided tothe Contractor in accordance with written instructions provided by the Mission Director. Thewritten instructions will also include accounting, vouchering, and reporting procedures. A copy ofthe instructions shall be provided to the contractor's Chief of Party and to the contracting officer.The costs of bonding personnel responsible for local currency are reimbursable under thiscontract.

(c) Upon compliance by the contractor with all the provisions of this contract, acceptance by theGovernment of the work and final report, and a satisfactory accounting by the contractor of all

Government-owned property for which the contractor had custodial responsibility, theGovernment shall promptly pay to the contractor any moneys (dollars or local currency) dueunder the completion voucher. The Government will make suitable reduction for anydisallowance or indebtedness by the contractor by applying the proceeds of the voucher first tosuch deductions and next to any unliquidated balance of advance remaining under this contract.

(d) The Contractor agrees that all approvals of the Mission Director and the contracting officer whichare required by the provisions of this contract shall be preserved and made available as part of theContractor's records which are required to be presented and made available by the clause of thiscontract entitled Audit and RecordsNegotiation.


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G.8 Invoicing Instructions

1) Paper Invoice Submission:

The contractor will submit one (1) original of each invoice on an SF-1034, Public Voucher for Purchasesand Services Other Than Personal, to the Regional Financial Management Center (RFMC) and one (1)copy of the voucher and the invoice to the COR at USAID/Bosnia and Herzegovina:

Regional Controller Regional Financial Management CenterUSAID/Bosnia and Herzegovina

Robert Frasure Street #171000 Sarajevo

Bosnia and Herzegovina

And

Economic Development OfficeUSAID/Bosnia and Herzegovina

Robert Frasure Street #171000 Sarajevo

Bosnia and Herzegovina

The contractor must sign the SF-1034. Also, the contractor must submit the SF-1034 with the invoice andany other documentation in Adobe.

2) Electronic Invoice Submission: USAID encourages the electronic submission of invoices

The contractor must simultaneously email all payment vouchers to the COR and the Regional Controllerin USAID/Bosnia and Herzegovina at TBD (to be incorporated at contract award).

G.9 Accounting and Appropriation Data

TBD at contract award.

A: GLAAS Requisition No. ________________

BBFY EBFY FUND PA DIST PE PSE SOC FUNDED AMOUNT$

B. Contractor Specific Information:

DUNS: ____________TIN: ____________

END OF SECTION G


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SECTION H SPECIAL CONTRACT REQUIREMENTS

H.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 FAR 52.252- 2, Clauses Incorporated By Reference, inSection I of this contract.

NUMBER TITLE DATE

Agency for International Development Acquisition Regulation (48 CFR Chapter 7)

752.7027 Personnel DEC 1990

H.2 Language Requirements

(a) The contractor will produce all reports and deliverables in standard English.

(b) The contractor must ensure that the contractors employees and consultants possess theappropriate level of skill in written and spoken English and local language proficiency, as needed,to perform the contract requirements.

(c) Contractor key personnel and/or consultants shall have English and local language proficiency asneeded, to perform contract requirements.

H.3 Emergency Locator Information

(a) The contractor must comply with AIDAR 752.7004, Emergency Locator Information, (JUL1997), which provides in full:

The Contractor agrees to provide the following information to the Mission Administrative Officeron or before the arrival in the host country of every contract employee or dependent:

(1) The individuals full name, home address, and telephone number.

(2) The name and number of the contract, and whether the individual is an employee ordependent.

(3) The contractors name, home office address, and telephone number, including any after -hoursemergency number(s), and the name of the contractors home office staff member havingadministrative responsibility for the contract.

(4) The name, address, and telephone number(s) of each individuals next of kin.

(5) Any special instructions pertaining to emergency situations such as power of attorneydesignees or alternate contact persons.


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H.4 Source and Nationality Requirements

The contractor must comply with AIDAR 752.225- 70, Source and Nati onality Requirements, (FEB2012), which provides in full:

(a) Except as may be specifically approved by the Contracting Officer, the Contractor must procureall commodities (e.g., equipment, materials, vehicles, supplies) and services (includingcommodity transportation services) in accordance with the requirements at 22 CFR Part 228Rules on Procurement of Commodities and Services Financed by USAI D Federal ProgramFunds. The authorized source for procurement is Geographic Code 937 unless otherwisespecified in the schedule of this contract. Guidance on eligibility of specific goods or servicesmay be obtained from the Contracting Officer.

(b) Ineligible goods and services. The Contractor must not procure any of the following goods orservices under this contract:

(1) Military equipment(2) Surveillance equipment(3) Commodities and services for support of police and other law enforcement activities(4) Abortion equipment and services(5) Luxury goods and gambling equipment, or(6) Weather modification equipment.

(c) Restricted goods. The Contractor must obtain prior written approval of the Contracting Officer orcomply with required procedures under an applicable waiver as provided by the ContractingOfficer when procuring any of the following goods or services:

(1) Agricultural commodities,(2) Motor vehicles,(3) Pharmaceuticals and contraceptive items(4) Pesticides,(5) Fertilizer,(6) Used equipment, or(7) U.S. government-owned excess property.

If USAID determines that the Contractor has procured any of these specific restricted goods under thiscontract without the prior written authorization of the Contracting Officer or fails to comply with required

procedures under an applicable waiver as provided by the Contracting Officer, and has received paymentfor such purposes, the Contracting Officer may require the contractor to refund the entire amount of the

purchase.

H.5 Authorized Geographic Code

As stated above in Section H.4 AIDAR 752.225.70 paragraph (a), the authorized source forprocurement is specified below and is Geographic Code 935 and not Geographic Code 937:

A Source and Nationality waiver has been approved under the authority of 22 CFR 228.30 (a) (3) toauthorize the purchase of technical assistance services and commodities of a prime contractor andsubcontractors, if any, to implement the GOLD Program from Geographic Code 935, which is any area orcountry excluding prohibited sources. For more information on Source and Nationality Requirements seeADS 310.


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H.6 Workers Compensation Insurance (Defense Base Act)

The contractor must comply with AIDAR 752.228- 3, Workers Compensation Insurance (Defense BaseAct), which provides in full:

(a) The Contractor agrees to procure Defense Base Act (DBA) insurance pursuant to the terms of thecontract between USAID and USAIDs DBA insurance carrier unless the Contractor has a DBAself-insurance program approved by the Department of Labor or has an approved retrospectiverating agreement for DBA.

(b) If USAID or the Contractor has secured a waiver of DBA coverage (see AIDAR 728.305-70(a))for contractors employees who are n ot citizens of, residents of, or hired in the United States, thecontractor agrees to provide such employees with workers compensation benefits as required bythe laws of the country in which the employees are working, or by the laws of the employeesnative country, whichever offers greater benefits.

(c) The Contractor further agrees to insert in all subcontracts hereunder to which the DBA isapplicable, a clause similar to this clause, including this sentence, imposing on all subcontractorsa like requirement to provide overseas workmens compensation insurance coverage and obtainDBA coverage under the USAID requirements contract.

H.7 Defense Base Act Insurance and Services

(a) Contractors must apply for DBA insurance coverage directly from AON Risk Insurance Services,Inc., the agent for Allied World Assurance Company (AWAC), at either one of the followingoffices:

(1) AON Risk Insurance Services West, Inc.199 Fremont St., Suite 1400San Francisco, CA 94105

Hours: 8:30 A.M. to 5:00 PM, Pacific Time

Primary Contact: Fred RobinsonPhone: (415) 486-7516Fax: (415) 486-7059Email: [email protected]

Secondary Contact: Angela FalconePhone: (415) 486-7000Email: [email protected]

(2) AON Risk Insurance Services East, Inc.

1120 20th St., N.W., Suite 600Washington D.C. 20036Hours: 8:30 A.M. to 4:00 P.M., Eastern Time


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Primary Contact: Ellen RowanPhone: (202) 862-5306Fax: (202) 429-8530Email: [email protected]

Secondary Contact: Chris ThompsonPhone: (202) 862-5302Email: [email protected]

H.8 Medical Evacuation (MEDEVAC) Services

The contractor must comply with AIDAR 752.228- 70, Medical Evacuation (MEDEVAC) Services,(JULY 2007), which provides in full:

(a) Contractors must provide MEDEVAC service coverage to all U.S. citizen, U.S. resident alien,and Third Country National employees and their authorized dependents (hereinafter individual)while overseas under a USAID-financed direct contract. USAID will reimburse reasonable,allowable, and allocable costs for MEDEVAC service coverage incurred under the contract. TheContracting Officer will determine the reasonableness, allowability, and allocability of the costs

based on the applicable cost principles and in accordance with cost accounting standards.

(b) Exceptions.

(i) The Contractor is not required to provide MEDEVAC insurance to eligible employees andtheir dependents with a health program that includes sufficient MEDEVAC coverage as approved

by the Contracting Officer.

(ii) The Mission Director may make a written determination to waive the requirement for suchcoverage. The determination must be based on findings that the quality of local medical servicesor other circumstances obviate the need for such coverage for eligible employees and their

dependents located at post.

(c) Contractor must insert a clause similar to this clause in all subcontracts that require performance by contractor employees overseas.

H.9 USAID Disability Policy Acquisition (DEC 2004)

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

country counterparts, governments, implementing organizations and other donors in fostering aclimate of nondiscrimination against people with disabilities; and (4) to support internationaladvocacy for people with disabilities. The full text of the policy paper can be found at thefollowing website: http://pdf.usaid.gov/pdf_docs/PDABQ631.pdf .
http://pdf.usaid.gov/pdf_docs/PDABQ631.pdfhttp://pdf.usaid.gov/pdf_docs/PDABQ631.pdfhttp://pdf.usaid.gov/pdf_docs/PDABQ631.pdfhttp://pdf.usaid.gov/pdf_docs/PDABQ631.pdf


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(b) USAID therefore requires that the contractor not discriminate against people with disabilities inthe implementation of USAID programs and that it make every effort to comply with theobjectives of the USAID Disability Policy in performing this contract. To that end and within thescope of the contract, the contractors actions must demonstrate a comprehensive and consistentapproach for including men, women and children with disabilities.

H.10 Reporting of Foreign Taxes (JUL 2007)

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

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

(1) Contractor name.(2) Contact name with phone, fax and email.(3) Contract number(s).(4) Amount of foreign taxes assessed by a foreign government [each foreign government must be

listed separately] on commodity purchase transactions valued at $500 or more financed withU.S. foreign assistance funds under this agreement during the prior U.S. fiscal year.

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

be reported in the report for Lesotho (or South Africa).(6) Any reimbursements received by the contractor during the period in (4) regardless of when

the foreign tax was assessed and any reimbursements on the taxes reported in (4) receivedthrough March 31.

(7) Report is required even if the contractor did not pay any taxes during the report period.(8) Cumulative reports may be provided if the contractor is implementing more than one program

in a foreign country.

(c) Definitions. For purposes of this clause:

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

(2) Commodity means any material, article, supply, goods, or equipment.(3) Foreign government includes any foreign governmental entity.(4) Foreign taxes means value -added taxes and custom duties assessed by a foreign

government on a commodity. It does not include foreign sales taxes.

(d) Where. Submit the reports to: One copy of each report should be sent to the COR and one copy tothe Regional Controller located at USAID/Bosnia at the Bosnian address listed in the aboveSection G.8, Invoicing Instructions.

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


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H.15 Leave and Holidays

The contractor must comply with AIDAR 752.7031, Leave and Holidays, (OCT 1989), which providesin full:

(a) Vacation leave.

(1) The Contractor may grant to its employees working under this contract vacations of reasonableduration in accordance with the Contractors practice for its employees, but in no event shall suchvacation leave be earned at a rate exceeding 26 work days per annum. Reimbursement forvacation leave is limited to the amount earned by employees while serving under this contract.

For regular employees during their tour of duty in the Cooperating Country, vacation leave is provided under this contract primarily for purposes of affording necessary rest and recreation.The Contractors Chief of Party, the employee and the Cooperating Country institution associatedwith this project shall develop vacation leave schedules early in the employees tour of dutytaking into consideration project requirements, employee preference and other factors.

(2) Leave taken during the concluding weeks of an employees tour shall be included in theestablished leave schedule and be limited to that amount of leave which can be earned during atwelve-month period unless approved in accordance with paragraph (a)(3) of this clause.

(3) Vacation leave earned but not taken by the end of the employees tour pursuant to paragraphs(a)(1) and (2) of this clause will be forfeited unless the requirements of the project precluded theemployee from taking such leave, and the Contracting Officer (with the endorsement of theMission) approves one of the following as an alternative:

(i) Taking, during the concluding weeks of the employees tour, leave not permitted under (a)(2)of this section, or (ii) Lump-sum payment for leave not taken provided such leave does notexceed the number of days which can be earned by the employee during a twelve-month period.

(b) Sick Leave . Sick leave is earned by employees in accordance with the Contractors usual practice but not to exceed 13 work days per annum or 4 hours every 2 weeks. Additional sick leave afteruse of accrued vacation leave may be advanced in accordance with Contractors usual practice, ifin the judgment of the Contractors Chief of Party it is determined that such additional leave is inthe best interest of the project. In no event shall such additional leave exceed 30 days. TheContractor agrees to reimburse USAID for leave used in excess of the amount earned during theemployees assignment under this contract. Sick leave earned and unused at t he end of a regulartour of duty may be carried over to an immediately succeeding tour of duty under this contract.The use of home leave authorized under this clause shall not constitute a break in service for the

purpose of sick leave carry-over. Contractor employees will not be compensated for unused sickleave at the completion of their duties under this contract.

(c) Home leave.

(1) Home leave is leave earned for service abroad for use only in the United States, in theCommonwealth of Puerto Rico, or in the possessions of the United States.

(2) A regular employee who is a U.S. citizen or resident and has served at least 2 years overseas, asdefined in paragraph (c)(4) of this clause, under this contract and has not taken more than 30workdays leave (vacation, sick, or leave without pay) in the United States, may be granted home


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leave of not more than 15 workdays for each such year of service overseas, provided that suchregular employee agrees to return overseas upon completion of home leave under an additional 2year appointment, or for a shorter period of not less than 1 year of overseas service under thecontract if the Mission Director has approved in advance. Home leave must be taken in theUnited States, the Commonwealth of Puerto Rico, or the possessions of the United States; anydays spent elsewhere will be charged to vacation leave or leave without pay.

(3) Notwithstanding the requirement in paragraph (c)(2), of this clause, that the Contractors regularemployee must have served 2 years overseas under this contract to be eligible for home leave,Contractor may grant advance home leave to such regular employee subject to all of thefollowing conditions:

(i) Granting of advance home leave would in each case serve to advance the attainment of theobjectives of this contract;(ii) The regular employee shall have served a minimum of 18 months in the Cooperating Countryon his/her current tour of duty under this contract; and(iii) The regular employee shall have agreed to return to the Cooperating Country to serve out theremainder of his/her current tour of duty and an additional 2 year appointment under this contract,or such other additional appointment of not less than 1 year of overseas service as the MissionDirector may approve.

(4) The period of service overseas required under paragraph (c)(2) or paragraph (c)(3) of this clauseshall include the actual days spent in orientation in the United States (less language training) andthe actual days overseas beginning on the date of departure from the United States port ofembarkation on international travel and continuing, inclusive of authorized delays en route, to thedate of arrival at the United States port of debarkation from international travel. Allowablevacation and sick leave taken while overseas, but not leave without pay, shall be included in therequired period of service overseas. An amount equal to the number of days vacation sick leavetaken in the United States, the Commonwealth of Puerto Rico, or the possessions of the UnitedStates will be added to the required period of service overseas.

(5) Salary during travel to and from the United States for home leave will be limited to the timerequired for travel by the most expeditious air route. The Contractor will be responsible forreimbursing USAID for salary payments made during home leave if in spite of the undertaking ofthe new appointment the regular employee, except for reasons beyond his/her control asdetermined by the Contracting Officer, does not return overseas and complete the additionalrequired service. Unused home leave is not reimbursable under this contract.

(6) To the extent deemed necessary by the Contractor, regular employees in the United States onhome leave may be authorized to spend no more than 5 days in work status for consultation athome office/campus or at USAID/Washington before returning to their post of duty. Consultationat locations other than USAID/Washington or home office/campus, as well as any time in excess

of 5 days spent for consultation, must be approved by the Mission Director or the ContractingOffice.

(7) Except as provided in the schedule or approved by the Mission Director or the ContractingOfficer, home leave is not authorized for TCN or CCN employees.

(d) Holidays. Holidays for Contractor employees serving in the United States shall be in accordancewith the Contractors established policy and practice. Holidays for Contractor employees serving


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overseas should take into consideration local practices and shall be established in collaborationwith the Mission Director.

(e) Military Leave. Military leave of not more than 15 calendar days in any calendar year may begranted in accordance with the Contractors usual practice to each regular employee whoseappointment is not limited to 1 year or less and who is a reservist of the United States ArmedForces, provided that such military leave has been approved in advance by the cognizant MissionDirector or Assistant Administrator. A copy of any such approval shall be provided to theContracting Officer.

(f) Leave Records . The Contractors leave records shall be preserved and made available as part ofthe contractors records which are required to be preserved and made available by theExamination of Records by the Comptroller General and Audit clauses of this contract.

H.16 Employment Costs of TCNs and CCNs

The contractor must comply with AIDAR 722.170, Employment of Third Country Nationals (TCNs) andCooperating Country Nationals (CCNs), which provides in full:

(a) General. It is USAID policy that cooperating country nationals (CCNs) and third countrynationals (TCNs), who are hired abroad for work in a cooperating country under USAID-directcontracts, generally be extended the same benefits, and be subject to the same restrictions asTCNs and CCNs employed as direct hires by the USAID Mission. Exceptions to this policy may

be granted either by the Mission Director or the Assistant Administrator having programresponsibility for the project. (TCNs and CCNs who are hired to work in the United States shall

be extended benefits and subject to restrictions on the same basis as U.S. citizens who work in theUnited States.)

(b) Compensation. Compensation, including merit or promotion increases paid to TCNs and CCNsmay not, without the approval of the Mission Director or the Assistant Administrator having

program responsibility for the project, exceed the prevailing compensation paid to personnel performing comparable work in the cooperating country as determined by the USAID Mission.Unless otherwise authorized by the Mission Director or the Assistant Administrator having

program responsibility for the project, the compensation of such TCN and CCN employees shall be paid in the currency of the cooperating country.

(c) Allowances and differentials. TCNs and CCNs, hired abroad for work in a cooperating country,are not eligible for allowances or differentials under USAID-direct contracts, unless authorized

by the Mission Director or the Assistant Administrator having program responsibility for the project.

(d) Country and security clearances. The contractor shall insure that the necessary clearances,including security clearances, if required, have been obtained for TCN and CCN employees inaccordance with any such requirements set forth in the contract or required by the USAIDMission, prior to the TCN or CCN starting work under the contract.


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(e) Physical fitness 1. Contractors are required to insure that prospective TCN and CCN employeesare examined prior to employment to determine whether the prospective employee meets theminimum physical requirements of the position and is free from any contagious disease.

(f) Workweek, holidays and leave. The workweek, holidays, and leave for TCN and CCN employeesshall be the same as for all other employees of the contractor, under the terms of the contract;however, TCN and CCN employees are not eligible for home leave or military leave unlessauthorized by the Mission Director or the Assistant Administrator having program responsibilityfor the project.

(g) Travel and transportation for TCNs and CCNs. Travel and transportation shall be provided TCNand CCN employees on the same basis as for all other employees of the contractor, under theterms of the contract.

(h) Household effects and motor vehicles. USAID will not provide household effects to TCN andCCN employees; such employees may ship their household effects and motor vehicles to their

place of employment on the same basis as for all other employees of the contractor, under theterms of the contract unless they are residents of the cooperating country.

H.17 Nonexpendable Property Purchases

(a) With the exception of restricted commodities, all non-expendable property, including ITequipment, the contracting officer hereby approves all non-expendable property, includingInformation Technology (IT ) equipment listed in the offerors techni cal and cost proposal, datedTBD .

H.18 Information Technology Resources

(a) The contractor must comply with the requirements contained in ADS 548 which require reviewand approval by The Bureau for Management, Business Consulting and Client Services, Office of

the Chief Information Officer (M/CIO/BCCS) in USAID/Washington of information technologycomponents in which the life-cycle cost of commodities or services (e.g., installation,maintenance, and technical assistance) exceeds $100,000 or more over the full IT project lifecycle up to five years.

H.19 Management of Information Technology Resources

(a) Pursuant to ADS 547, the term information technology', with respect to an executive agencymeans any equipment or interconnected system or subsystem of equipment, that is used in theautomatic acquisition, storage, manipulation, management, movement, control, display,switching, interchange, transmission, or reception of data or information by the executive agency.For purposes of the preceding sentence, equipment is used by an executive agency if the

equipment is used by the executive agency directly or is used by a contractor under a contractwith the executive agency which (i) requires the use of such equipment, or (ii) requires the use, toa significant extent, of such equipment in the performance of a service or the furnishing of a

product.

1 For more information on physical fitness examinations and requirements please refer to AIDAR clause 752.7033PHYSICAL FITNESS (JULY 1997) , incorporated by reference under Section I.1.


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(b) The term information technology' includes computers, ancillary equipment, software, firmwareand similar procedures, services (including support services), and related resources.

(c) Notwithstanding subparagraphs (a) and (b), the term `information technology' does not includeany equipment that is acquired by a federal contractor incidental to a federal contract. (Source:Clinger-Cohen Act) (ADS Chapters 541-548, 552)

(d) The contractor must maintain accountable property records of IT resources. These records mustidentify each accountable item of U.S. Government-funded property acquired or furnished underthe contract in a format acceptable to the contracting officer and must be furnished to thecontracting officer six (6) months after the effective date of the contract or task order andthereafter annually based on the effective date of the contract.

(e) In the event any IT resources are lost, stolen, destroyed or damaged beyond economical repair,the contractor must promptly notify both the COR and the contracting officer.

(f) As part of the Property Disposition Plan, the contractor will provide a separate and final inventoryof IT resources. After consultation with the COR and The Bureau for Management, BusinessConsulting and Client Services, Office of the Chief Information Officer (M/CIO/BCCS) inUSAID/Washington, the contracting officer will provide disposition instructions to theContractor. The contractor will provide a final report to the COR and contracting officer on thefinal disposition of all IT resources.

H.20 Title to and Care of Property

The contractor must comply with AIDAR 752.245- 71, Title to and Care of Property, (APR 1984 ),which provides in full:

(a) Title to all non-expendable property purchased with contract funds under this contract and used inthe Cooperating Country, shall at all times be in the name of the Cooperating Government, orsuch public or private agency as the Cooperating Government may designate, unless title tospecified types or classes of non-expendable property is reserved to USAID under provisions setforth in the schedule of this contract; but all such property shall be under the custody and controlof Contractor until the owner of title directs otherwise, or completion of work under this contractor its termination, at which time custody and control shall be turned over to the owner of title ordisposed of in accordance with its instructions. All performance guaranties and warrantiesobtained from suppliers shall be taken in the name of the title owner. (Non-expendable property is

property which is complete in itself, does not lose its identity or become a component part ofanother article when put into use; is durable, with an expected service life of two years or more;and which has a unit cost of $500 or more.

(b) Contractor shall prepare and establish a program, to be approved by the Mission, for the receipt,use, maintenance, protection, custody, and care of non-expendable property for which it hascustodial responsibility, including the establishment of reasonable controls to enforce such

program.

(c) (1) For non-expendable property to which title is reserved to the U.S. Government under provisions set forth in the schedule of this contract, Contractor shall submit an annual report onall non-expendable property under its custody as required in the clause of this contract entitledGovernment Property.


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(2) For non-expendable property titled to the Cooperating Government, the Contractor shall,within 90 days after completion of this contract, or at such other date as may be fixed by theContracting Officer, submit an inventory schedule covering all items of non-expendable propertyunder its custody, which have not been consumed in the performance of this contract. TheContractor shall also indicate what disposition has been made of such property.

H.21 Government Furnished Facilities or Property

(a) The contractor and any employee or consultant of the contractor is prohibited from using U.S.Government facilities (such as office space or equipment) or U.S. Government clerical ortechnical personnel in the performance of the services specified in the contract unless the use ofU.S. Government facilities or personnel is specifically authorized in the contract or is authorizedin advance, in writing, by the COR.

H.22 Logistic Support

(a) The contractor will furnish all logistic support in the United States and overseas.

H.23 Contractor-Mission Relationships

The contractor must comply with AIDAR 752.7013, Contractor -Mission Relationships, (OCT 1989),which provides in full:

(a) The Contractor acknowledges that this contract is an important part of the United States ForeignAssistance Program and agrees that its operations and those of its employees in the CooperatingCountry will