AID-306-TO-14-00003 Faculties of Higher Education (FOHE) · 2014. 4. 23. · AID-306-TO-14-00003 Perez, APC. Faculties of Higher Education (FOHE) 5. SECTION B - SUPPLIES OR SERVICES

AID-306-TO-14-00003 Perez, APC.

Faculties of Higher Education (FOHE)

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Contents SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS ..................................................................... 5

B.1 SERVICES ................................................................................................................................................ 5 B.2 CONTRACT TYPE .................................................................................................................................... 5 B.3 CONTRACT PRICE .................................................................................................................................. 5 B.4 PAYMENT ................................................................................................................................................. 5

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK ................................................. 6

C.1 Introduction ............................................................................................................................................... 6 C. 2 Background .............................................................................................................................................. 6 C. 3 Objectives ................................................................................................................................................ 6 C. 4 Detailed Work Requirements ................................................................................................................... 6 C. 5 Specific Works at Balkh Facility Only ....................................................................................................... 8

SECTION D - PACKAGING AND MARKING ............................................................................................... 10

SECTION E - INSPECTION AND ACCEPTANCE ........................................................................................ 11

E.1 INSPECTION AND ACCEPTANCE ........................................................................................................ 11 E.2 PLACE OF INSPECTION AND ACCEPTANCE ...................................................................................... 11 E.3 RESPONSIBLE OFFICIAL ...................................................................................................................... 11

SECTION F - DELIVERIES OR PERFORMANCE ........................................................................................ 12

F.1 FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK, ALTERNATE I

(APR 1984) ......................................................................................................................................... 12 F.2 PRINCIPAL PLACE OF PERFORMANCE .............................................................................................. 12 F.3 RESPONSIBLE USAID OFFICIALS ........................................................................................................ 12 F.4 DELIVERABLES AND DELIVERABLES SCHEDULE ............................................................................. 12

SECTION G - CONTRACT ADMINISTRATION DATA ................................................................................. 13

G.1 CONTRACTING OFFICER'S AUTHORITY ............................................................................................ 13 G.2 TECHNICAL DIRECTION ....................................................................................................................... 13 G.3 INVOCES ................................................................................................................................................ 13 G.4 ACCOUNTING AND APPROPRIATION DATA: ..................................................................................... 13 G.5 INVOICING/PAYMENT INSTRUCTIONS ............................................................................................... 13 SECTION H - SPECIAL CONTRACT REQUIREMENTS…………………………… …………………………14

H.1 LANGUAGE REQUIREMENTS .............................................................................................................. 14 H.2 EXECUTIVE ORDERS ON TERRORISM FINANCING .......................................................................... 14 H.3 ENVIRONMENTAL CONSIDERATIONS ................................................................................................ 14 H.4 GENDER REQUIREMENTS ................................................................................................................... 14 H.5 VETTING ................................................................................................................................................. 15 H.6 REPORTING OF FOREIGN TAXES ....................................................................................................... 15 H.7 SUB-AWARD REQUIREMENTS (MARCH 2012) ................................................................................... 16 H.8 RESPONSIBILITY FOR SUBMITTALS AND SHOP DRAWINGS .......................................................... 17



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H.9 SERIOUS INCIDENT REPORTING IN AFGHANISTAN (DEC 2010) ..................................................... 17 H.10 REPORTING ......................................................................................................................................... 17 H. 11 PEFORMANCE BOND REQUIREMENTS ........................................................................................... 18

PART II - CONTRACT CLAUSES ................................................................................................................. 19

SECTION I - CONTRACT CLAUSES ............................................................................................................ 19 I.1 All USAID-Afghanistan VS IQC Clauses are applicable unless superseded here in the Task Order. ...... 19 I.2 FAR 52.232-99 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESSUBCONTRACTORS

(DEVIATION) (AUG 2012) .................................................................................................................. 19 I.3 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984) ......................................... 19

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS ........................................... 20

SECTION J - LIST OF ATTACHMENTS ....................................................................................................... 20 ATTACHMENT J-1 ........................................................................................................................................ 21 ATTACHMENT J-2 ........................................................................................................................................ 22



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SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS B.1 SERVICES The Contractor shall provide all materials, labor, logistics, and security to finish construction of the facilities under Faculties of Higher Education (FOHE) program in Balkh, Faryab and jawzjan Provinces as described in Section C of this contract. B.2 CONTRACT TYPE This is a Firm-Fixed-Price type of contract. B.3 CONTRACT PRICE The total price of this contract is $1,498,874.58, the maximum dollar value payable to the contractor. No additional sums shall be payable for any escalation in the price of materials, equipment or labor, or because of the contractor's failure to properly estimate or accurately predict the price or difficulty of achieving the results required. The Government will not adjust the contract price due to fluctuations in currency exchange rates. The quantities set forth in the Bill of Quantities (BOQ) submitted as part of the Contractor’s proposal serve as only an estimate of the total contract works. The BOQ shall serve as a tool in negotiating any modifications or equitable adjustments resulting from modifications or change orders. B.4 PAYMENT Payment will be made in accordance with Federal Acquisition Regulation (FAR) clause 52.232-5 and shall be made for work according to progress related to a schedule of values, required to be submitted per Section G.6 and incorporated by reference into this contract (See Attachment J-2). USAID hereby obligates the amount of $1,498,874.58 for the performance and completion of the required services as described in this contract.

(END OF SECTION B)



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SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 Introduction The Contractor shall repair roof leaks, cosmetic damage to exterior and interior paint, install fencing around fuel tanks, correct faulty electrical wiring installation in school corridors and classrooms, and complete all miscellaneous repair items contained in the various inspection reports provided by USAID, and as required to satisfy 100% completion ensuring the 100% designs and the IBC-2006 standards are met, inclusive of testing and commissioning, at three Faculties of Higher Education (FoHE) facilities in the provinces of Balkh/Mazar-e-Sharif, Jawzjan/Sheberghan, and Faryab/Maimana in Afghanistan. The Contractor shall not bear responsibility for any conditions resulting from the previous work that could not have been reasonably anticipated or known prior to contract award. These conditions shall be treated as a differing site condition under Federal Acquisition Regulation clause 52.236-2. C. 2 Background USAID entered into a contract to build three-two story Faculty of Higher Education (FoHE) buildings that included delivery of a water supply, waste water/septic and electrical systems in the Afghanistan provinces of Balkh, Jawzjan, and Faryab. During the final inspection of the projects in mid-summer of 2012, USAID found that the roof of the buildings had leaks and the installation of electrical wiring did not meet the original design and the “National Electrical Code (NEC)” requirements. As a result, USAID seeks a qualified contractor to repair the roof leaks, and correct deficiencies in the installation of the electric system. The Contractor shall remove and replace any faulty electrical wiring identified, and re-distribute wiring in new conduits to comply with the NEC (National Electric Code) requirements. Upon completion of the project, USAID intends to transfer the three FoHE buildings to the Ministry of Higher Education/Provincial Higher Education Institutions. C. 3 Objectives The Contractor shall provide services at all three FoHE buildings in the provinces of Balkh, Jawzjan, and Faryab to repair roof leaks and remove and replace faulty electrical wiring, then re-distribute wiring in new conduits in the corridors to comply with the NEC /NFPA (National Electrical Code/National Fire protection Association) requirements. Damaged/faulty wires and fixtures shall be replaced as required by existing design drawings. The Contractor shall provide project/construction management, quality control, and site safety during project implementation. The Contractor shall use the existing design/drawings developed under a previous contract for the completion of the minor construction work at the facilities. Testing and commissioning of the electrical system shall be conducted once all electrical wiring work has been completed through connection to the generator. C. 4 Detailed Work Requirements

a. Electrical System:

1. The Contractor shall remove all wiring originating from the panel boards, passing through corridors and

connected to the individual rooms` joint boxes, and replace with new UL approved wire, as specified in

original design diagrams. The wiring in the rooms is considered to be satisfactory and shall be retained.

2. The existing conduit system, originating from the panel boards and passing through the corridors:

a. Shall be replaced with larger sized conduits to provide 25% additional space for future use, OR the Contractor shall

b. Install an additional conduit parallel to existing because of space limitation, OR c. Increase the number of panel boards to 2 Sub-Panel Boards in each floor (one SPB around the

middle of each side of the corridor for each floor) totaling to 4 Sub Panel Boards feed from existing

Main Panel Board. All sub-panels shall be provided with 20% additional space for future use.



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3. Prior to any electrical procurement or work, the Contractor shall conduct an analysis of the electrical system design to verify the system has adequate capacity as specified. The Contractor must submit the analysis

and proposed as-built drawings and specifications to USAID for review and approval.

4. The panel boards that are larger than 225 Amp must be provided with Voltage, Ampere and phase indicators as specified in the original USACE approved design.

5. The Contractor shall provide and install TVSS (Transient Voltage Surge Suppressors) as per drawing and specification requirements.

6. The lighting fixtures, receptacles, switches, fans, water heaters and all other end circuit provisions are not required to be replaced except a few items which must be checked for functionality and be replaced, if

necessary, by the Contractor after completion of the wiring system and its connection with electrical

power.

7. Light fixture switches: The lighting fixtures in each room shall be provided with at least two (2) more switches.

8. Fans shall be provided with regulators in each room.

9. Correct Defects: Contractor shall correct defects related to electrical wiring in corridors and electrical systems located inside classrooms by checking the system room by room, or circuit by circuit.

10. Provide Fuel for generator reservoir: The Contractor shall provide a sufficient amount of fuel (50 liters) in the fuel tanks to ensure that the improved electrical system is working satisfactorily, including testing of

the generator itself.

b. Exterior Works:

1. At the Balkh school only, the Contractor shall adjust the slope above the entrance on the roof extended area

(balcony) to east side of main building near the administration office to ensure proper discharge of rain

water. Currently, the flow direction of rain water is away from the gutter.

2. Roof repairs at three schools: The Contractor shall repair roof leaks by using 2 layers of bitumen and tar or top quality Isogum in this task. The Contractor shall provide a manufacturer certificate for above material

that certifies the product quality, and durability (minimum 10 years warranty) in accordance with

commercial standards.

Bitumen shall be applied on the top of the existing concrete tiles, and cover the entire roof and parapet

walls. Isogam roofing membrane shall be applied on top of existing tiles to cover the entire extent of the

horizontal roof surface and inside-facing vertical parapet wall surrounding the edge of membrane must be

covered by sheet metal flashing at top of parapet. Insulation below the Isogam membrane is required to

have an R-20 to R-40 insulation factor as specified in original building design. Proper roof drainage shall

be provided for roof-drains and scuppers through parapet walls. Seals at roof-drains and scuppers and all

other penetrations of the Isogam membrane must be included in this item.



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Members of the site investigation team recommended that there is no need for the removal of underlying

tiles and insulation material below the existing tiles. Warranty of underlying structure and roof tiles is

separate from this scope of work. However, the Contractor shall warranty the new Isogam membrane

roofing for 12 months.

3. Interior and exterior cosmetic works:

a. The Contractor shall repaint and/or repair exterior and interior building walls and ceiling surfaces where damage caused by the leakage is visible.

b. The damaged hardware of installed doors shall be inspected, and replaced as needed.

4. Exterior Stair Bottom Landing repairs (Balkh school only): The slope of bottom landing of the exterior stairs shall be modified to slope away from the building. The terrazzo finish on this landing shall be removed

and a new terrazzo surface applied so that drainage flows away from the building to ensure proper

discharge of rain water.

5. Install Fence around generator fuel tank: Fuel tanks located near the generator shall be enclosed in a metal fence in both facilities. The fence shall be fastened by 3” stainless, galvanized steel pipe in four (4)

corners and two meters apart from each other. The height of the fence shall be three (3) meters high. The

pipe shall have concrete foundation (60cm x 60cm x 60cm). The diameter of the fence wire should be

4mm.

6. Install overflow pipes for laboratory sinks. Overflow water from the sinks needs to drain the main sink drain to be installed in all laboratory sinks.

7. Fire Extinguishers: The Contractor shall provide five portable fire extinguishers at each facility as required in accordance with NFPA 10. The extinguishers must be of multipurpose dry chemical type except for

occupancy requiring a special type extinguisher (e.g., carbon dioxide portable extinguisher for electrical

room).

8. Surface Repairs: The Contractor shall repair minor miscellaneous interior and exterior wall, ceiling, and plaster damages to match the existing in areas affected by the removal and replacement of faulty

electrical wiring and installation of new conduits. Repairs to the internal/external finishing’s of the buildings

must match the existing wall construction, finish, and color.

9. Locking roof access: To prevent the unauthorized access to the roof, the Contractor shall provide and install double cylinder (key on both sides) deadbolts locksets at the roof access door at all three FoHE facilities.

C. 5 Specific Works at Balkh Facility Only

1. The Contractor shall repair the second floor terrace that slopes toward the classroom door and the roof

downspout that empties onto the terrace, causing water to flow into the building so they meet design requirements.



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2. The Contractor shall ensure water and sewer lines placement meet design requirements, especially where the lines cross.

3. The Contractor shall ensure the riser heights on the exterior stairs meet design requirements.

4. The Contractor shall ensure all fluorescent light fixtures ballasts meet design requirements.

5. The Contractor shall ensure appropriate covers and access are provided for the septic tank as required by the design drawings.

6. The Contractor shall construct any roads (access or otherwise) as required by the design drawings.

(End of Section C)



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SECTION D - PACKAGING AND MARKING

‘’Reference USAID-Afghanistan Vertical Structure IQC’’

(End of Section D)



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SECTION E - INSPECTION AND ACCEPTANCE E.1 INSPECTION AND ACCEPTANCE

Task order performance evaluation shall be performed in accordance with Vertical Structures IQC, Section E.2. E.2 PLACE OF INSPECTION AND ACCEPTANCE

USAID inspection and acceptance of deliverables shall take place at the principle place of performance or at any location deemed appropriate by the COR, or as identified in the Section C - Statement of Work. E.3 RESPONSIBLE OFFICIAL

In accordance with the FAR 52.246.4, Inspection of Services –Fixed-Price, Inspection of results or other deliverables required herein under Section C shall be made by the COR. Acceptance of goods/services and reports or other deliverables by the COR shall form the basis for payments to the contractor, and will form the basis of the contractor's permanent performance record with regard to the task order.

(End of Section E)



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SECTION F - DELIVERIES OR PERFORMANCE F.1 FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK, ALTERNATE I (APR 1984) The Contractor shall be required to (a) commence work under this contract within 7 days after receipt of NTP. (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 180 days after receipt of NTP. The time stated for completion shall include final cleanup of the premises. F.2 PRINCIPAL PLACE OF PERFORMANCE The principal place of performance of this contract is at three Faculty of Higher Education (FoHE) facilities in the provinces of Balkh/Mazar-e-Sharif, Jawzjan/Sheberghan and Faryab/Maimana in Afghanistan. F.3 RESPONSIBLE USAID OFFICIALS

Contracting Officer Office of Acquisition and Assistance USAID/ Afghanistan Great Massoud Road Kabul, Afghanistan F.4 DELIVERABLES AND DELIVERABLES SCHEDULE

The Contractor shall provide sufficient manpower to complete the projects by project deadlines identified in the approved Schedule per FAR 52.236-15. Schedule of Deliverables:

Within one week after NTP, the Contractor is required to submit work plan, quality control plan, safety plan and security plan for approval by the COR, and submit to the end user (provincial higher education institutions). The Contractor is required to submit work plan for completing the Internal/external finishing’s to match the existing wall construction, finish, and color. Within 60 days after all required plans and submittals are approved, the Contractor is required to complete the roof leaks repaired. The Contractor shall provide USAID with submittal for approval by the COR. The electrical system shall be tested and commissioned. It must run for 5 hours continuously before the Contractor and USAID’s COR final inspection. The Contractor shall update and provide a complete set of As Built drawings upon completion of the Work. Final Warranty Completion: Final Warranty Completion Certification shall be submitted to USAID 365 days after Final Report acceptance.

(End of Section F)



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SECTION G - CONTRACT ADMINISTRATION DATA G.1 CONTRACTING OFFICER'S AUTHORITY The Contracting Officer is the only person authorized to make or approve any changes in the requirements of this task order and notwithstanding any provisions contained elsewhere in this task order, the said authority remains solely in the Contracting Officer. In the event the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustment shall be made in the contract terms and conditions, including price. G.2 TECHNICAL DIRECTION The Contracting Officer’s Representative (COR) shall provide technical oversight to the Contractor. The Contracting Officer shall issue a letter appointing the COR for the task order and provide a copy of the designation letter to the contractor. G.3 INVOCES

One (1) original of each invoice shall be submitted on an SF-1034 Public Voucher for Purchases and Services Other Than Personal to the Office of Financial Management of USAID/ Afghanistan.

All vouchers must be sent electronically to the following email address:[email protected] One copy of the voucher and the invoice shall also be submitted to the COR. Electronic submission of invoices is required. The SF-1034 must be signed, and it must be submitted along with the invoice and any other documentation in Adobe. G.4 ACCOUNTING AND APPROPRIATION DATA: Requisition No.: REQ-306-14-000092 Amount Obligated: S1, 498,874.60 Treasury Account Symbol: 72-1037-000 Fund code: ES Program Area: A12 Program element: A055 CO Reference: 306-SOAG-306-05-0007.00--2 CO Accounting Line#: 28 SOC: 4100301 The funds obligated hereunder are anticipated to be sufficient through 09/30/2014 G.5 INVOICING/PAYMENT INSTRUCTIONS In accordance with FAR 52.232‐5, each payment request under this contract shall be accompanied by an electronic copy of the schedule of values which correlates the amount requested to the percentage of work complete. The request shall be sent to the COR and CO. Only the CO can authorize payment. The Contractor must make payment requests using Standard Form (SF) 1034, Public Voucher for Purchases and Services other than Personal. Copies of the SF 1034 may be obtained from the USAID web site at: http://www.usaid.gov/forms/. Payment will be made by USAID/Afghanistan, Office of Financial Management at the address provided above. The Contractor shall provide Bank information on SF 1034 in order to receive payments.

(END OF SECTION G)

mailto:[email protected]://www.usaid.gov/forms/



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SECTION H - SPECIAL CONTRACT REQUIREMENTS H.1 LANGUAGE REQUIREMENTS All deliverables shall be produced in English. H.2 EXECUTIVE ORDERS ON TERRORISM FINANCING The Contractor is reminded that U.S. Executive Orders and U.S. law prohibits transactions with, and the provision of resources and support to, individuals and organizations associated with terrorism. It is the legal responsibility of the contractor to ensure compliance with these Executive Orders and laws. This provision must be included in all subcontracts/sub-awards issued under this contract/agreement. H.3 ENVIRONMENTAL CONSIDERATIONS Activities under this contract may result in some environmental impact. Therefore, the following conditions are required: 1. No activity falling under this requirement will be implemented unless an Environmental Threshold Decision, as defined in 22 CFR 216.3(a)(2), has been reached for that activity and documented in a Request for Categorical Exclusion (RCE), Initial Environmental Examination (IEE), or Environmental Assessment (EA) duly signed by the appropriate Bureau Environmental Office (BEO). If the potential impacts are significant, resulting in a Positive Determination, an activity specific scoping exercise and preparation of an EA, consistent with 22 CFR 216.3 will be undertaken. 2.To assure the employment of best available practices and there by minimize any environmental effects, the Contractor shall, at the direction of the COR, as a separate and identifiable activity, prepare and provide to national and local government entities, one or more White Papers appropriate to the activity on mitigating adverse environmental effects in electrification/distribution, telecommunications, water and sanitation, and/or roads and transport system expansion, including best practices in facility planning, siting, installation and construction. 3. As appropriate for the specific activity, the Contractor shall advise the national government(s) of any environmental laws that may be applicable to the program, and provide any education, training or technical assistance required to assist the government(s) in achieving such compliance after securing approval of the COR. Fulfilling this requirement includes creating capacity to comply with potential donor and investor environmental impact assessment requirements as well as host country environmental impact assessment laws, regulations and procedures. 5. As required by ADS 204.5.4, the COR will actively monitor ongoing activities for compliance with approved IEE recommendations, and modify or end activities that are not in compliance. H.4 GENDER REQUIREMENTS Congress has mandated that USAID programs address the needs and protect the rights of Afghan women and girls, including efforts undertaken to prevent discrimination and violence against women and girls; provide economic and leadership opportunities; increase participation of women in the political process at the national, provincial and sub-provincial levels; improve security for women and girls; and any other programs designed to directly benefit women and girls. As required by USAID policies, the Contractor shall integrate assistance to women into all stages of development, planning, programming and implementation as a part of this contract or assistance program. Such integration shall focus on Afghan-led programs directly contributing to any or all the three pillars of development outlined in the ten-year National Action Plan for the Women of Afghanistan (NAPWA): 1) Security; 2) Government, Rule of Law, and Human Rights; and 3) Economic and Social Development. The contractor shall establish the necessary accounting and management systems to separately track and report to USAID fiscal year expenditures under the contract supporting issues of gender equality and women and girls as beneficiaries during each fiscal year of the contract. The Contractor shall establish the necessary implementation, management and reporting systems to separately track and report to USAID data on female beneficiaries and measurable impacts of activities intended to address the needs of women and girls.



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Project quarterly implementation reports shall specifically include information on the following, to the extent that it is applicable to the contract: 1) the total number of women and girls supported through the contract on a quarterly basis through Afghan Info; 2) number of women accessing basic services, including education and health; 3) number of interventions leading to increased employment and economic opportunities for women, as well of number of beneficiaries; 4) number of interventions resulting in increased participation of women in government and civil society; 5) number of activities supporting legal rights and public access for women; and, 6) outcomes for women who have benefited from the contract/agreement. The Contractor shall refer to USAID/Afghanistan’s comprehensive Performance Management Plan (PMP) for complete list of gender indictors. To the extent possible, indicators applicable to the contract will be disaggregated by gender.” H.5 VETTING Information for Non-US contractors, subcontractors, and key individuals. (a) The contractor must complete and submit the "USAID Information Form" in annex 10 of this contract for: i) Itself, if it is a non-U. S. entity; ii) Each subcontractor or subcontractor of a subcontractor, regardless of the tier, valued at $25,000 or more, that is a non-U.S. entity; or iii) Each key individual that is a non-U.S. entity. (b) For purposes of this clause, the following definitions apply: ''Non-U.S. entity” means (1) any non-US citizen or non-permanent legal resident of the United States: or (2) any entity that is not formed in the United States or for which 50% or more of the equity is owned or controlled by persons who are not U.S. citizens or permanent legal residents of the United States. "Key individuals' means (i) an individual or entity owning 10% or more equity stake in the organization, whether publically- or privately-held: (ii) principal officers of the organization's governing body (e.g., chairman, vice chairman, treasurer or secretary of the board of directors or board of trustees): (iii) the principal officer and deputy principal officer of the organization (e.g., executive director, deputy director; president, vice president); (iv) the program manager or chief of party for the USAID-financed program: and (v) any other person with significant responsibilities for administration of USAID financed activities or resources. (c) The requirements of paragraph (a) of this clause must be completed prior to the Government's acceptance of the contract and following that, at the earlier of: i) Once a year; or ii) When there is a change or addition to any entity or person identified in paragraph (a). (d) USAID reserves the right to rescind approval for a sub-award in the event that USAID subsequently becomes aware of information indicating that the sub-award is contrary to U.S. law or policy prohibiting support for terrorism, or facilitating criminal activity. In such cases, USAID's Contracting Officer will provide written instructions to the recipient to terminate the sub-award. H.6 REPORTING OF FOREIGN TAXES (a) Reports. The Contractor must annually submit a report by April 16 of the next year. (b) Contents of Report. The reports must contain: (i) Contractor name. (ii) Contact name with phone, fax and email. (iii) Agreement number(s). (iv) Amount of foreign taxes assessed by a foreign government [each foreign government must be listed separately] on commodity purchase transactions valued at $500 or more financed with U.S. foreign assistance funds under this agreement during the prior U.S. fiscal year. (v) Only foreign taxes assessed by the foreign government in the country receiving U.S. assistance are to be reported. Foreign taxes by a third party foreign government are not to be reported. For example, if an assistance program for Lesotho involves the purchase of commodities in South Africa using foreign assistance funds, any taxes imposed by South Africa would not be reported in the report for Lesotho (or South Africa). (vi) Any reimbursements received by the Contractor during the period in (iv) regardless of when the foreign tax was assessed plus, for the interim report, any reimbursements on the taxes reported in (iv) received by the Contractor through October 31 and for the final report, any reimbursements on the taxes reported in (iv) received through March 31. (vii) The final



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report is an updated cumulative report of the interim report. (viii) Reports are required even if the Contractor/recipient did not pay any taxes during the report period. (ix) Cumulative reports may be provided if the Contractor/recipient is implementing more than one program in a foreign country. (c) Definitions. For purposes of this clause: (i) "Agreement" includes USAID direct and country contracts, grants, cooperative agreements and interagency agreements. (ii) "Commodity" means any material, article, supply, goods, or equipment. (iii) "Foreign government" includes any foreign governmental entity. (iv) "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: Office of Financial Management USAID Afghanistan Great Massoud Road, Kabul, Afghanistan Attention: Mission Controller (e) Subagreements. The Contractor must include this reporting requirement in all applicable subcontracts, subgrants and other subagreements. (f) For further information see http://www.state.gov/m/rm/c10443.htm. H.7 SUB-AWARD REQUIREMENTS (MARCH 2012) (a) Applicability: This section limits the number of tiers of sub-awards to two tiers below the awardee for all Contracts and Cooperative Agreements. The awardee must not allow lower-tier sub-awards without the express written approval of the Contracting/Agreement Officer. (b) Definitions: The term "award" in this clause refers to either the direct contract between USAID and the prime contractor or a direct Cooperative Agreement between USAID and the recipient. A "first-tier sub-award" is a direct award between the awardee and a sub-awardee (the "first-tier sub-awardee"). A "second-tier sub-award" is a direct award between the first-tier sub-awardee and its sub-awardee (the "second-tier sub-awardee"). (c) USAID's objective is to promote, to the extent practicable, competitive, transparent and appropriate local sub-awards with legitimate and competent sub-awardees. Awardee will ensure that all sub-awardees at any tier are actively engaged in the performance of sub-awarded work. Awardee will ensure that sub-awardees do not engage in "brokering" or "flipping" their sub-awards under this award and that all sub-awardees at any tier self-perform appropriate portions of the work. "Brokering" or "flipping" is the practice of a sub-awardee receiving a sub-award and either selling such sub-award or not performing a significant percentage of the work with the sub-awardee's own organization. (d) Should exceptional circumstances warrant sub-awards below two tiers, the Awardee will promptly request approval in writing from the Contracting/Agreement Officer, which for contracts may be done in conjunction with a request under FAR 44, provided that the additional information set forth in paragraph (e) below is also provided. (e) Awardee's written request for approval to allow sub-awardees below the second tier will include the following information: (i) Sub-award number and title (or a general description of the sub-award work) of the existing sub-award; (ii) Detailed explanation regarding why the work to be performed by the lower-tier sub-awardee cannot be performed by the prime or the two levels of sub-awardees. (iii) The total value of the work and total value of the work to be self-performed by the existing sub-awardee; (f) Provisions for specific contract types: (i) As required by Section I.6 of this contract, the Contractor will perform with its own organization, at least 20% percent of the work required under the contract. (g) For purposes of calculating tiers, the following will not be considered a tier:



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(i) subsidiaries of the awardee; (ii) members of a joint-venture, provided the joint venture is either the awardee or otherwise a "tier" hereunder; (iii) employment awards for a single individual, provided that such individual issues no further sub-awards; (iv) suppliers/service providers for component parts for a sub-award issued for finished commodities purchased on the market. Only the sub-awardee supplying the finished commodity shall be considered a "tier" for purposes of this clause/provision; (v) suppliers of administrative or professional services incidental to the completion of the award nor their sub-awardees, such as legal or financial services, provided such suppliers or their sub-awardees do not perform substantive work related to the scope of work hereunder. (h) With exception provided in paragraph D above for sub-awards. The awardee will include this clause in all sub-awards, and will require sub-awardees to include this clause in all lower-tier sub-awards. The awardee will be responsible for compliance with this clause/provision by all sub-awardees and lower-tier sub-awardees. H.8 RESPONSIBILITY FOR SUBMITTALS AND SHOP DRAWINGS The Contractor shall be responsible for confirmation and correlation of all information, which shall be incorporated in the Contractor’s Submittals and Shop Drawings. The Contractor shall be responsible for all information that pertains to the fabrication processes and methods of construction, which is presented and incorporated in the Contractor’s Submittals. H.9 SERIOUS INCIDENT REPORTING IN AFGHANISTAN (DEC 2010) The implementing partner is responsible for reporting all serious incidents during performance of the award. This reporting shall apply to the prime implementing partner and all sub-awardees regardless of the tier (subs of subs and lower, etc). In addition to reporting, the prime is responsible for ensuring timely investigation of all serious incidents and maintaining on file all records of reported serious incidents. A serious incident is defined as any of the following against an employee paid for with US Government funding or on a USAID funded worksite regardless of the tier of the employee: Death of an individual. Discharge of a firearm with the intent to cause bodily injury or the use of an instrument with the intent of causing serious bodily harm to an employee The detention of an employee against their will. Implementing partners shall provide initial notification to the USAID Safety and Security Office (SSO), either orally or by email, of any serious incident – as soon as practical if it practical if it cannot be done immediately. The emails shall be sent to: [email protected]. This notification must provide as many details as are known at the time about of the incident. Within 24 hours of the incident, the implementing partner shall submit a more formal written incident report. The prime partner shall provide the report to the SSO and will concurrently send a copy to the USAID Contracting/Agreement Officer’s Representative (C/AOR) and the Contracting/Agreement Officer (C/AO). The initial written report shall include the award number, the name of the company, location where the incident occurred (Lat/Lon or MGRS), time when the incident occurred, a brief description of the events of the incident, details about any known casualties and a point of contact for the company. The implementing partner shall provide a follow-up comprehensive written report of events surrounding the incident within 96 hours when greater details are known. Additionally, if a serious incident which involves an employee wounded in action (WIA) who later succumbs of the wound (s), the partner shall notify the SSO within 24 hours of the death of the individual. H.10 REPORTING The Contractor is required to report on indications of fraud in host-country institutions or other matters that could reasonably be expected to be of foreign policy interest to the U.S. Government’s development and stabilization efforts. Corruption, real or perceived, may critically impact USAID programming objectives as might other knowledge the awardee acquires in its normal

mailto:[email protected]



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course of business. This clause/provision must not be construed to require the awardee to conduct investigation for such information outside of its normal business practices or to report on matters not directly or indirectly related to USAID programming or the proper use of U.S. Government funds. In the event awardee has special non-disclosure requirements or confidentiality requirements (such as are prevalent in the legal and banking industries), or awardee determines such reporting world conflict with applicable laws, awardee must include a proposal to obtain any necessary waivers from the applicable host-country institution allowing such reporting to the maximum extent possible. Reports under this requirement must be submitted as a deliverable under the award. H. 11 PEFORMANCE BOND REQUIREMENTS USAID shall retain 10% of all invoiced amounts in lieu of a performance bond. This retainage is in addition to any other amounts withheld under the authority of FAR 52.232-5. This retainage will be released upon completion and acceptance by USAID.

(End of Section H)



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PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 All USAID-Afghanistan VS IQC Clauses are applicable unless superseded here in the Task Order. I.2 FAR 52.232-99 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEVIATION) (AUG 2012) This clause implements the temporary policy provided by OMB Policy Memorandum M- 12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012. (a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor. (b)Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns. (c)The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act. I.3 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984) The Contractor shall perform on the site, and with its own organization, work equivalent to at least twenty percent (20%) of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

(End of Section I)



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PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS SECTION J - LIST OF ATTACHMENTS ATTACHMENT NO. TITLE PAGES J-1 Vetting (USAID Mission Order on National Security Screening 18

(Non-US Party Vetting) J-2 Schedule of Values 3

(End of Section J)



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ATTACHMENT J-1 Mission Order on vetting.

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AID-306-TO-14-00003 Faculties of Higher Education (FOHE) · 2014. 4. 23. · AID-306-TO-14-00003 Perez, APC. Faculties of Higher Education (FOHE) 5. SECTION B - SUPPLIES OR SERVICES

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