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UNITED STATES OF AMERICA AGENCY FOR INTERNATIONAL DEVELOPMENT

11 Country of Pcrlorrrance.

935 ------------------------~ AIN. & A,;st Services Yes [ J No~

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Contract Nc· DFD-1-00-05·00250·00 !I Order No: 3 I l· NEGOTIATED PURSUANT TO THE FOREIGN ASSISTANCE ACT OF 1961, - · -- -~

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~,~250 Woodmont Avenue, Suite 200 1300 Pennsylvanra Ave.

I MiOAA/GROfLMA. Room 7 09-42 • Bethesda. MD 20814 Washington, DC 20523-7900

l TIN DUNS· 066781956

----- - -- --i-----f 4b. ADMINISTRA TlON OFFICE

5 TECHNICAL OFFICE·

US Agency for International Development 1300 Pennsylvanra Ave. NW LAC/Cuba. Room 5 08-025 Washington DC 20523

Same as Block 4a.

S. PAYING OFFICE SUBMIT INVOICE TO·

US Agency tor International Development 1300 Pennsylvania Ave. NW MiCFOICMP/DC, Room 7 07-0988 Wsshtngton. DC 20523

r:~:~:~~:"-..L------- ----.. -·----· 18. ESTIMATED COMPLETION DATE. I -,-,

-·---------- ·------------t-----1 08/131201 1

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19. ACCOUNTING AND APPROPRIATION DATA.

NMS 501 ORGID 11093 Commitment Doc Type PR ComnutiT'ent Nbr PR·AAILAC-00501 BBF'I' 2008 EBFY 2009 Fund ES OP Untt· CUBA StrategiC Objecuve· AI(.} Ol$1nbution 516·W Management: AD44 BGA: 516 SOC 4100201

·10. The Un;ted State5 oi Amenca, represell'ted by the Contra~:ng Officer signong th•S Order. and the Ccmrae~or agree that (althls Order is 1ssucd oul"'luanllo tile Contract spec1icd 10 Block 2 abo-.~ and (b) the ent;re Contract between t~ ~an es hereto consiSts of thos Order and the Conl~ct spec.tied en BICid< 2 above

1 \a NAME 0" CONTRACTOR

BY:

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TITLE

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-- -. UNITED STATES OF AMERICA

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NAME.

TITLE Contracting Officer

DATE AUG 1 4 2008

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~------------------------------------------------------------------~-----: AID 1420·61 (Rev'd)

Case 1:12-cv-01860-JEB Document 10-5 Filed 01/15/13 of 41

UNITED STATES OF AMERICAAGENCY FOR INTERNATIONAL DEVELOPMENT

NEGOTIATED PURSUANT TO THE FOREIGN ASSISTANCE ACT OF 1961,AS AMENDED, AND EXECUTIVE ORDER 11223

1. Country of Performance: Adv, & Asst. Services Yes [ ] No [ ]

2. Contract (Incorporating FAR and AIDAR Clauses):

Contract No: Order No:

3. CONTRACTOR (Name and Address): 4a. ISSUING OFFICE:

TIN: 4b. ADMINISTRATION OFFICE: DUNS: 066781956

5. TECHNICAL OFFICE: 6. PAYING OFFICE. SUBMIT INVOICE TO:

7. EFFECTIVE DATE: 8. ESTIMATED COMPLETION DATE:

9. ACCOUNTING AND APPROPRIATION DATA:

10. The United States of America, represented by the Contracting Officer signing this Order, and the Contractor agreethat: (a) this Order is issued pursuant to the Contract specified in Block 2 above and (b) the entire Contract between the parties hereto consists of this Order and the Contract specified in Block 2 above.

11a. NAME OF CONTRACTOR: 11b. UNITED STATES OF AMERICA Agency for International Development

BY: BY:

NAME: NAME:

TITLE: TITLE:

DATE: DATE:

AID 1420-61 (Rev'd)

935 X

DFD-I-00-05-00250-00 3

Development Alternatives, Inc. US Agency for International Development 7250 Woodmont Avenue, Suite 200 1300 Pennsylvania Ave. M/OAA/GRO/LMA, Room 7.09-42 Bethesda, MD 20814 Washington, DC 20523-7900

Same as Block 4a.

US Agency for International Development US Agency for International Development 1300 Pennsylvania Ave. NW 1300 Pennsylvania Ave. NW LAC/Cuba, Room 5.08-025 M/CFO/CMP/DC, Room 7.07-098B Washington, DC 20523 Washington, DC 20523

08/14/2008 08/13/2011

NMS: 501 ORG ID: 11093 Commitment Doc Type: PR Commitment Nbr: PR-AA/LAC-00501 BBFY: 2008 EBFY: 2009 Fund: ES OP Unit: CUBA Strategic Objective: AID Distribution: 516-W Management: A044 BGA: 516 SOC: 4100201

Contracting Officer


SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS B.1 PURPOSE

The United States Agency for International Development (USAID), Bureau of Latin America and the Caribbean, Cuba Program Office requires support to implement the Cuba Democracy and Contingency Planning Program (CDCPP) as detailed in Section C. The Cuba Democracy and Contingency Planning Program (CDCPP) is expressly designed to hasten Cuba’s peaceful transition to a democratic society. To realize Cuba’s successful, political, social and economic transition, Cubans will need considerable humanitarian, technical, training and institutional support, whether immediately or at a later date as permitted according to legislative and other restrictions.

This task order will fund activities, as appropriate, that provide rapid, transitional support services to advance and consolidate rapidly moving political or economic development opportunities on the island. The task order will establish the means for a rapid and effective USAID response in the event of a crisis or conflict and mitigate the potential for instability in Cuba.

In the event that USAID is asked to provide rapid transitional governance and development assistance, such support needs to be thought through so that it can be directed rapidly, discreetly, and opportunistically, depending upon evolving, on-island conditions. CDCPP will serve to bridge contingency planning with implementation of democratic, humanitarian, institutional support and market-oriented transition activities. Such activities should prominently figure as key components of the United States’ commitment to support Cubans as they promote democratic transition.

CDCPP will deliver a range of complementary activities to support three objectives:

• Support the USG’s primary objective of hastening a peaceful transition to a democratic, market-oriented society, by providing additional humanitarian assistance and support to civil society (hereinafter referred to as “hastening transition”).

• Provide the analytical foundation for verifying the on-island conditions, opportunities and programmatic interventions that will best support and complement activities that hasten the transition to democracy as well as transition planning and subsequent national development.

• Develop and, legal conditions and other circumstances permitting, activate plans for launching a rapid-response programmatic platform that will meet USAID’s interests for having, and coordinating an on-island programming presence.

Depending upon evolving on-island conditions, the USAID Cuba program plans to award a wide range of new grants for supplemental technical, humanitarian, institutional and social development support. This new mechanism is envisioned to expand upon and complement USAID/Cuba’s current program that is already awarding and managing a series of grants through an Annual Program Statement. The Grants under Contract (GUC) mechanism should, as one example, be able to make awards quickly depending upon changing on-island conditions.


Whether immediately or at a later date (legal conditional and other circumstances permitting), this contracting vehicle will finance activities that would be able to provide transitional support services to advance and consolidate rapidly moving political or economic development opportunities on the island.

B.2 CONTRACT TYPE This is a time and material (fixed daily rate or FDR) task order. All labor categories use fixed daily rates in accordance with the basic IQC. Other direct costs will be considered as cost-reimbursable items. For the consideration set forth in the contract, the Contractor shall provide the deliverables or outputs described in Section C and comply with all contract requirements. B.3 BUDGET and CEILING PRICE

B.3.1 PRICED OPTION


B.4 PAYMENT The paying office is: US Agency for International Development 1300 Pennsylvania Ave. NW M/CFO/CMP/DC, Room 7.07-098B Washington, DC 20523

END OF SECTION B

SECTION C – DESCRIPTION / SPECIFICATIONS/STATEMENT OF WORK C.1 BACKGROUND

Cuba’s anticipated governance, economic and social transition should be understood within a broader US political and legislative context. Cuba is currently subject to numerous legal restrictions on assistance, many of which create overlapping prohibitions. Because of the comprehensive nature of the restrictions on assistance to Cuba, all assistance activities are conducted pursuant to legal authorization to provide assistance “notwithstanding any other provision of law.”

Section 1705 of the Cuban Democracy Act of 1992 (22 USC 6004) authorizes the

provision of certain assistance notwithstanding any other provision of law. This provision authorizes donations of food to NGOs or individuals in Cuba, exports of medicines and medical supplies, and assistance through appropriate nongovernmental organizations for the support of individuals and organizations to promote nonviolent democratic change in Cuba.

Section 109(a) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996

(22 USC 6039) authorizes assistance and support for individuals and independent NGOs, notwithstanding any other provision of law, to support democracy-building efforts for Cuba. In implementing this section, no funds or other assistance may be provided to the Cuban Government. Section 109(a) explicitly indicates that the following types of assistance would be considered “democracy-building”:

--published and informational matter, such as books, videos, and cassettes, on transitions to democracy, human rights, and market economies, to be made available to independent democratic groups in Cuba. --humanitarian assistance to victims of political repression, and their families --support for democratic and human rights groups in Cuba --support for visits and permanent deployment of independent international human rights monitors in Cuba.

Section 202 of the LIBERTAD Act (22 USC 6062) sets out planning requirements and the types of assistance permitted under the LIBERTAD Act in the event of a USG-Determined Transition. In spite of important legislative restrictions and repressive Cuban authorities, USAID has been able to provide thousands of Cubans for a number of years with humanitarian, moral, and vital institutional support for supporting Cuba’s civil society and hastening transition.


Apart from possible internal deliberations among current Cuban authorities as to whether any new, ‘progressive’ policies or programs might be adopted, Cuba’s anticipated transition is also part of a larger political context that may include international assistance from a number of countries. The process of any true transition will dominate political and social development in Cuba, will affect the region’s political orientation and development, as well as the tone of Cuba’s relationships with its neighbors. Political transition in Cuba could lead to several possible outcomes. The U.S. government’s policy is that any democratic transition should remain a peaceful, legitimate process that is seen as legitimate with results accepted by all the affected parties. The USG believes that such broadly accepted support would be a key pre-condition that could lead to a stable transition towards a democratic society and have a constructive impact on the region’s future stability. However, even in a relatively peaceful transition to democracy, political changes in Cuba could also lead to less desirable, unintended outcomes. Such as a transition may be perceived by some who benefit from Cuba’s current regime as opportunistic, illegitimate, or insecure. Such a scenario could be compounded by substantial populations returning to and others fleeing the island, leading to a slow-onset crisis. An even more negative scenario would be a rapid-onset crisis with widespread civic disturbances, violence and the sudden flow of immigrants to the United States. Prior experience in Cuba indicates that this is one possibility. Either of these latter outcomes could have significant destabilizing impacts within Cuba and the region. A strongly nationalistic government could move Cuba towards increasingly isolationist and authoritarian policies antagonistic to its neighbors or ethnic groups within its borders. Disengagement of moderate voices in Cuban society, and the subsequent empowerment of extremists, also has the potential to lead to increased regional instability. At this time, it is not apparent that the Cuban government has plans in place to address any potential transition or potential crisis scenarios. The government appears reluctant to publicly consider such contingencies or hold quiet talks with interested parties. Due to the sensitivity of these scenarios, few are comfortable with discussing, planning or being perceived to be planning for them. Nevertheless, USAID believes it is both reasonable and prudent to prepare for several scenarios which could meet a range of as yet unknown Cuban economic and political developments. If conditions continue to deteriorate, and socio-political events lead to protracted crises, local Cuban communities may well be on the front lines of responding to them. These already stressed communities, many of which are also dealing with economic and social insecurity, could become potential partners for CDCPP consultation and planning exercises as to how to respond to a variety of crises. In Cuba, there are a number of vexing issues that contribute to a lack of effective governance, economic security and an increased potential for political instability. The root causes of political instability lie in problems associated with restricted access to power, information and resources, social exclusion, long-term neglect by Cuban authorities, poor living standards and limited economic opportunities. These factors can combine with inflammatory media and disillusionment with the lack of available political options to create a frustrated and potentially volatile population. While no single program can address all of these issues, supporting progressive civic actors, promotion of economic development through improved livelihood opportunities, and greater


responsiveness by local governments to addressing a range of issues facing different marginalized groups, could contribute significantly towards alleviating these conditions. In coordination with other USAID and international donors’ efforts, CDCPP aims both to set the stage for realizing improved civic freedom and economic security and to help alleviate the conditions that might lead to political instability or violence. Over the next few years, Cuba will face significant political, economic and social challenges for which external parties should prepare. The CDCPP is designed to respond to Cuba’s ambiguous, challenging programming environment to support Cuba’s pro-democracy actors. This task order will provide a contractual mechanism that will allow the USG to respond quickly to different types of opportunities or emergencies, particularly those that may result from macro-political changes. A relative suspension of positive, political developments may also be possible, lead to political instability in the short-term, and precipitate particular economic or social setbacks. However, USAID believes it is necessary to continue expanding the inclusion of a range of civil society actors, including youth, women and faith-led organizations, which are necessary to create the conditions for realizing meaningful democratic ‘transition’ and consolidation, including improved political stability as well as economic, and regional, security. Access to economic opportunities for all segments of the population, stronger, more responsive relationships between local government and citizens, and civic participation and inclusion in public and private life are the types of interventions that could positively affect Cuba’s long-term stability and development. The interplay of these factors partially determines Cuba’s national condition in the face of political, social, and economic stresses that could trigger conflict and instability. This program will address both short-term and long term support for advancing Cuba’s democracy movement, and identify the most promising interventions for addressing longer-term sources of social and economic insecurity. It will take a multi-pronged approach by combining both hastening transition and crisis planning in particularly visible communities, developing a capacity for rapid response to potential crises, programming to increase economic security in vulnerable areas, and identifying opportunities to anticipate, address and alleviate such tensions. C.2 SCOPE OF WORK C.2.A. INTRODUCTION Since 1996 USAID and State Department’s Democracy, Human Rights and Labor (DRL) Bureau (since 2006) have awarded approximately $80 million to support Cuba’s democratic transition. Cuba program partners have used these resources to provide humanitarian assistance, support human rights and Cuba’s independent civil society movement, and thwart the government’s information blockade against the Cuban people. USAID and State/DRL have awarded numerous grants and cooperative agreements to more than 35 non-governmental organizations (NGOs) and universities. During this time many tons of food and medicine have been provided to hundreds of families of political prisoners and other victims of repression inside Cuba. During FY07 alone, program results have been significant: more than 50 civil society organizations were provided technical, moral and humanitarian support, many of these organizations conducted numerous public advocacy campaigns, an estimated 100 journalists received training, and dozens of independent news outlets and local libraries received material, solidarity and humanitarian support.


Indeed, in spite of the continuously repressive regime, there are strong indications that Cuban civil society is becoming increasingly vibrant and active. Apart from Cubans’ improving access to information, and likely as a result of increasingly frequent public advocacy campaigns, civil resistance actions in Cuba have increased dramatically over the past 10 years from 44 actions in 1997 to 3,222 in 2005.1 This program will seek to address conditions that might undermine the potential for a functioning democracy and that might increase the possible risk of future civil conflict or political instability. Today, the situation in Cuba remains very uncertain given the illness of Fidel Castro, his brother Raul’s recent assumption of the Presidency, as well as the increasing activism and civil protests reported on the island. In order to provide flexibility to respond to the island’s changing situation, USAID is proposing a flexible, opportunity-oriented instrument that would enable USAID to support the current goal of hastening transition to democracy in Cuba, as well as to be able to shift to provide more support towards advancing transition activities if and when the US Government Determined Transition is underway. C.2.B. PROGRAM SUMMARY The Cuba Democracy and Contingency Planning Program (CDCPP) is planned as a three-year program. It has three goals: to support the Cuban people in hastening transition in Cuba, to advance transition planning recommended in the second report of the Commission for Assistance to a Free Cuba (CAFCII), and establish the means for having a rapid and effective USAID response in the event that USAID is asked to provide additional technical and financial resources to assist in hastening and consolidating Cuba’s democratic transition. This program is part of a broader USAID strategy to hasten the transition to democracy in Cuba. The program’s particular purpose is to validate and carry out potential conflict mitigation and program planning opportunities to assist in the peaceful transition to a democratic Cuba as recommended in CAFC II, and provide assistance in the event of a USG-Determined Transition. USAID’s Cuba program objective, ‘Governing Justly and Democratically’ incorporates activities that address and advance three basic Program Areas: 2.1: Rule of Law and Human Rights, 2.3: Political Competition and Consensus-Building, and 2.4: Civil Society. The CDCPP is intended to complement and contribute towards a range of activities across these three Program Areas as well as expand into other program areas, should that become necessary. It will be important for the Contractor to consult with the Cognizant Technical Officer (CTO) to understand current and potentially new Cuba program partners to adopt a complementary approach for advancing USAID’s interests in Cuba, including seeking to attract other institutional and financial resources to advance Cuba’s development challenges. CDCPP will be implemented in two phases with four main components. Phase I:

• Component I—managed off-island until further notice-- will consist of an that will support and complement the

existing 2008 Annual Program Statement (see www.grants.gov) as well as have the capacity to respond if USAID is asked to bolster its assistance to consolidate Cuba’s

1 “Steps to Freedom Report”, International Republican Institute, 2005.


anticipated market and “democratic transition.” It is anticipated that a portion of the grants under contracts will be used to contribute to the breaking of the information blockade through the purchase, transport and delivery of commodities. In addition, the contractor may be directed to purchase, transport and deliver to the island commodities and equipment directly. In such circumstances, the costs may be attributed to the GUC line item whether procured under a grant (GUC), procured directly by the contractor or procured through a subcontract. In the event of a particular crisis, protracted conflict, or transition, the component may support new program areas or elements. Illustrative program areas include breaking the information blockade with technological outreach through phone banks, satellite internet and cell phones.

• Component II will assist USAID/Cuba in the management of the Cuba program during

FY 2008 through FY 2011, by providing USAID’s LAC Cuba staff with the ability to better manage the existing Cuba program and, subject to the overall coordination and control of USAID’s LAC Cuba staff, help provide additional oversight, program planning, coordination and reporting. It will also provide training to help Cuba NGO partners to strengthen their program management capacity.

• Component III will provide capacity for analysis of the situation on the ground in Cuba.

Responsibilities include: conducting surveys and opinion polls, providing rapid assessments and baselines of the island’s current social, economic and political conditions, proposing subsequent programming conditions, and using analyses for verifying and updating the transition plans as envisioned in the CAFCII report. Survey and poll results may lead to the initiation of public support campaigns and analysis may explore the impact of breaking the information blockade with technological outreach through phone banks, satellite internet and cell phones. During the third component, planning for a USG-Determined Transition, the project will also seek to identify and address conditions (e.g., conflict and instability) that might undermine the potential for realizing a successful transition to a functioning democracy in Cuba. Analytical support will be required to understand and rapidly document factors that could increase the possible risk of future civil crisis, conflict, or socio-political instability, and propose steps which should be taken to mitigate these potential obstacles in the face of the dramatic shifts in the political and economic environment necessary in a successful democratic transition.

• Component IV encompasses the planning and preparations to establish a quick

response capability “priced option” to provide assistance in the event of a USG-Determined Transition. Capability will include providing logistical, operational support to the USAID presence ‘on-island’ in Cuba and program support to the Cuban people.

Phase II: Executing the quick response priced option, if exercised, is considered Phase II of the CDCPP.

C.2.C. IMPLEMENTATION PLAN The work to be performed under the task order is conceived as having two distinct phases. Phase I includes activities that will occur even if Cuba does not elect to pursue a transition to market-oriented and democratic state. Phase II, the priced option expands upon Phase I and includes on-the-ground support – from logistics to grants and technical assistance – if a USG-Determined Transition occurs, and USAID is asked to provide assistance.


In Phase II (Priced Option), decisions may need to be made between potentially competing national priorities within Cuba, for example, deploying resources to developing the crisis-response capacity in a wider circle of communities, conducting supplemental, quick-impact national stabilization programs, or providing institutional and macro-policy development support. Phase I: During this phase the Contractor shall: Component I - Grants Under Contract (GUC):

i. Identify personnel and make meeting arrangements for establishing an effective awards management process, including an awards committee.

ii. Develop technical review criteria, consistent with USAID policies and procedures, for evaluating proposals and awarding grants in agreement with advancing USG foreign policy interests and program areas in Cuba.

iii. Develop procedures, consistent with USAID policies and procedures, for awarding grants to the existing program as well as to any anticipated future program to support activities for Cuba in the event of a USG-Determined Transition. Procedures will necessarily include the monitor and reporting of grant results to USAID.

iv. Demonstrate ability for management and for oversight of financial accountability of grants, consistent with USAID policies and procedures.

Component II:

i. Identify, recruit and select staff as needed and initiate activities supporting the existing Cuba program in Washington.

ii. Carry out training and capacity enhancement program for NGOs to ensure understanding and meeting of USG program planning, reporting requirements.

Component III:

i. Assist updating of plans by prioritizing the undertaking of surveys, technical analyses, and otherwise providing the analytical foundation for advancing CAFCII transition plan recommendations.

Component IV:

i. Develop a program support platform that has crisis-response capacity; ensuring that human, logistical and financial resources can be put into place to support deployment within 72 hours of the request. Such a plan should model a “surge capacity” mechanism that will allow USAID to respond quickly to various types of emergencies, if required, remaining in place for the life of the task order.

Phase II: Phase II is a priced option that would be implemented by a formal modification to the task order. During this phase, the contractor will immediately initiate specific surge activities planned under Component IV and continue implementation of activities planned during CDCPP’s Components I – III of Phase I, to include the expansion of operations and program functions described below.


C.2.D. Operations

Once programming conditions become favorable, and USAID is able to exercise this option, the Contractor will deploy to the island and immediately establish operations supporting the creation of a USAID Mission. Deployment capacities must include the ability to set up office space, telecommunications, arrange for transportation, identify and hire local staff, make local procurement and other actions required during the first three months. The Contractor will begin implementation of the plan for a “surge capacity” mechanism that will allow USAID to respond quickly in the event of a USG-Determined Transition or crisis as required. The contractor must remain prepared to activate this option, which could be invoked and made operational at any time during the life of the task order legal conditions and other circumstances permitting. The Contractor must anticipate the types of logistical, technical and contractual requirements USAID would need to have in place to expand on-island programming opportunities.

C.2.E. Programs

Activate program for supporting civil society and improving livelihoods, security and social and economic stability through a possible expansion of the Grants under Contract program (Component I above) or expansion of Component III, as agreed to in the work plan. a) The Contractor, in cooperation with USAID, must actively seek opportunities to

collaborate with and develop ‘transition’ implementation and crisis-response capacities with relevant partners, authorities and Cuban institutions.

b) The program will conduct ongoing monitoring of local and national development and socio-economic security factors.

C.2.F. SCOPE OF WORK Overview The CDCPP program will support three Program Areas under USAID/Cuba’s Program Objective “Governing Justly and Democratically” while it may also advance particular elements within new program areas as the situation changes.

• Program Area 2.1 – Rule of Law and Human Rights • Program Area 2.3 – Political Competition and Consensus-Building • Program Area 2.4 – Civil Society

To hasten and support transition planning, advancing these program areas should be considered when developing the following four components for the CDCPP program, described and presented below: Program Components: Phase I: Component I A. Grants Program to Expand Broad-based Civic Participation


Component II

A. Staffing Support B. Training to NGOs Component III A. Technical Analysis and Surveys B. Develop Analytical Foundation for advancing CAFCII transition plan

Component IV A. Potential Crises and Transition Planning B. Quick Response Platform Phase II: PRICED OPTION to Exercise Surge Capacity A. Operations B. Programs Component I: Grants Program to Expand Civic Participation The grants program will be initiated during Phase I hastening transition period which could later be expanded and extended in the event of a USG-Determined Transition. The Contractor will consult closely with the CTO to understand current Cuba program partners and the types of development activities they are currently supporting, where and how there may be opportunities to complement, and what program management, including grant administration, challenges they are facing. When possible, the Contractor must also contact and collect relevant information from final program recipients regarding effective demand, absorptive capacity, and other practical considerations for supporting activities that could ‘hasten’ and prepare for democratic ‘transition’. The Contractor will also have to consider USAID’s current planning and reporting framework to become familiar with the three Program Areas, and associated reporting indicators, in which USAID is advancing activities in Cuba. In particular, Component I will, consistent with USAID policies and procedures and in accordance with the requirements of Section H.9 of the basic IQC:

i. Identify members, meeting, decision-making and recording arrangements, including level of effort/participation requirements for establishing an effective grant awards committee. USAID membership must be included.

ii. Develop processes and technical review criteria for reviewing and awarding grants in

agreement with advancing USG foreign policy interests and program areas in Cuba.

iii. Develop procedures for awarding grants under current operating conditions and constraints as well as for any anticipated, expanded grant management program to support activities for advancing Cuba’s democratic transition. Procedures must include methods for making awards quickly, devoting appropriate resources for grant management oversight, coaching and mentoring of grant partners, and developing


standardized reporting practices2. The Contractor must anticipate deploying sufficient and appropriate administrative oversight to meet the rate at which grants are developed, approved and awarded.

iv. Develop procedures for monitoring financial management of grants. Component II: A. Staffing Support In consultation with the Director of the Cuba Program or her designee, the contractor will identify areas of program management responsibility and hire staff to assist with specific tasks to support USAID’s Cuba program before and after the USG-Determined Transition. The Contractor will be responsible for recruiting, mobilizing, and managing the performance of all personnel, including full-time staff and short-term consultants. The Contractor’s responsibilities also include supporting LAC/Cuba management requirements in areas such as hiring of staff/short term consultants, writing position descriptions, providing analytical or administrative services, and reporting. The Contractor will provide position descriptions for respective positions for USAID’s review and approval. The contractor may be required to identify and arrange short-term consultants of specific subject matter expertise to address discrete issues for USAID’s Cuba program’s development and implementation (e.g. conducting assessments, surveys, media, advocacy, outreach and NGO management training). The expected outcome of Component II is to ensure the capacity to hire and deploy qualified staff in a timely manner. The contractor must fill positions as needed, either full-time or short-term consultants, or have personnel be made available on retainer arrangements. The Contractor must provide the services of suitably experienced program management/project development officers as defined in the SOW to meet overall program planning, and reporting requirements. Training to NGOs The contractor shall provide training to existing Cuba Program grantees as well as new awardees. Many of these partners are unfamiliar with USAID’s planning and reporting practices. The contractor shall provide training on the relationship between their respective activity objectives and how these fit within either standardized or custom indicators for reporting under USAID/Cuba’s respective Program Areas. Component III: Technical Analysis and Surveys/ Develop Analytical Foundation for advancing

CAFCII transition plan The expected outcome of Component III is an enhancement of USAID’s field level preparation for realizing successful transition planning. To achieve this, the Contractor shall engage in the following activities: Supplemental analysis will be conducted primarily in support of transition planning activities found in the CAFCII report. One objective is to ensure there is a strong analytical basis for

2 It will be especially important for the Contractor to coordinate the awarding, administration and reporting of both budgets and program results and have these associated with USAID’s three program areas, with associated elements and indicators, to meet USAID reporting requirements.


updating such plans. Another objective is to provide baseline information through surveys or other approaches to provide a sound basis to update these plans, including realistic resource requirements, until the democratic transition is underway. Illustrative analytical capacity includes:

i. Identify the macro-economic, technical and institutional pre-conditions necessary, with commensurate activities and timelines for realizing such pre-conditions, to facilitate the transition from a socialist to a market oriented economy.

ii. Design of potential conflict mitigation programs as well as those that could facilitate

effective partnerships between Cuban expatriates and Cubans on the island who have particular expertise or credibility for supporting transition activities in Cuba.

iii. Prepare and analyze surveys and polls on selected priority issues and themes.

iv. Anticipate and carefully evaluate the interests and merits of the Cuban Diaspora

community’s role in possible future crisis and any national stabilization and development initiatives. The types of social, economic and political relationships this community has to bear on any potential Cuba transition plans should be fully explored for ensuring how well particular entities or individuals may or may not be able provide, effective and credible roles.

v. Investigate and identify contemporary Cuban social capital issues and conditions,

particularly the roles of women, youth, union members, faith-based organizations and other particularly relevant social factors which serve as driving and constraining factors for a range of local and national development initiatives.

vi. Design of particularly economic, social and governance surveys to develop a baseline,

identify potential programming interventions, and to serve as an instrument to monitor developments in country.

vii. Analysis of steps required for Cuba to achieve integration into the international

financial community, including membership in International Monetary Fund and Multilateral Development Banks.

Component IV: Surge Capacity and Quick Response Component IV only includes the planning phase for providing surge capacity. The surge program will be implemented in the event of a USG-Determined Transition under Phase II and requires that the Priced Option be formally exercised by the Contracting Officer. . Through a consultative process, develop rapid, practical transition or crisis response plans with emerging, progressive state, private sector and civil actors, and international transition stakeholders. Illustrative planning areas may include youth training and community activities support for free market activities, and international solidarity; The contractor shall be prepared to provide quick-response and practical, field management/program platform capacity to support USAID’s response to the transition in Cuba.


Phase II: Quick Response Surge Capacity – Priced Option To support the Cuba Program’s quick response field operations, the Contractor shall maintain the capacity to field a team within 72 hours of being notified to provide support for all immediate needs of the program in the event of a USG-Determined Transition. The Contractor shall establish and immediately activate the platform on which the USAID Mission operations will be developed. Specifically, the team shall establish a temporary office location, provide (purchase or lease) office space to include administration, computer hardware and software, travel, and housing accommodations for staff. Under the Contracting Officer’s direction, the Contractor shall establish more permanent office locations as the situation warrants (for example, depending on the timeline for assignment of longer-term USAID staff). The team shall also establish a capacity for USAID staff to handle procurement, administration, financial aspects of the program, and initial assessments as needed. Specifically, the Contractor shall set up offices; purchase (or lease) telecommunications and office equipment, and vehicles; locate and hire local staff; establish communications systems; develop and maintain a procurement and financial system.

The Cuban government in place during a USG-Determined Transition is expected to have requirements for assistance for economic governance and recovery, democracy and political governance, and social sector assistance. The contractor shall provide immediate support to the direct hire staff as required for early program development and monitoring. For example, the activity will provide analytical support to meet requirements on the ground in Cuba to assist with shaping the transition while supporting immediate program management needs. Illustrative activities could include reviewing potential grantees’ suitability to receive assistance; developing and maintaining a grants database; and monitoring grant effectiveness and impact. In order to provide economic assistance quickly, the task order shall have updated and/or revised existing plans for initiating and implementing selected priority activities. These quick response activities will likely fall in areas of improving political and economic governance, immediate social sector needs in transition with the existing Cuba program, broader stabilization, institutional re-orientation and economic development initiatives. Tasks will be identified by Director, Office of Cuba Program or designee and the CTO. Cuba Background Current legislation restricts USAID’s abilities to provide especially extensive assistance beyond current program parameters. These conditions are expected to change in the event of a USG-Determined Transition. At that time, USAID will likely make decisions about specific community populations, or types of sector interventions on the island or support to national entities in consultation with the United States Chief of Mission and other USG agencies and international stakeholders. USAID expects to make informed proposals for interventions in response to the Contractor’s analysis and recommendations about where and how best to focus the program. Once assistance under a USG-Determined Transition is formally authorized, assistance to improve Cubans’ political participation, living standards and social inclusion will generally require creating a range of partnerships with relevant national and local actors. These would be selected due to concentration of populations particularly vulnerable to conflict or instability, opportunities to collaborate with local, progressive leadership, assistance gaps and demands, and realistic opportunities to make a difference. Sustained assistance may be provided in a number of provinces, but the types of assistance may vary greatly from one part of Cuba to another.


Tools & Resources Grants Under Contract Fund The contractor shall manage a grant fund component of for Cuba under the task order. A substantial portion of this funding may be used for awards directly to Cuban recipients if Phase II is implemented. Expected to expand over the program’s life, as conditions permit, the grant fund’s purpose is to support the achievement of current and possibly new program areas, providing resources to initiate activities key to supporting rapid response and transition, improved economic security, and strengthening civil society. In the event of a USG-Determined Transition and Phase II is activated, the grant funds can be accessed for different purposes and different award strategies. Challenge grants may be utilized where grant funds are offered on a competitive basis to stimulate a certain sector. Direct grants will be made to stimulate the effectiveness of key social actors, institutions such as local government service centers, civil society organizations, or citizen-government planning groups. Grant funds may provide seed money for innovative local or regional programs, such as training events for community leaders, youth, and ethnic minorities. Grants can be made to support activities under any of the program elements. An example of an eligible training cost would be that associated with training and capacity development of NGOs, local civil society organizations, or local government personnel. Where a grantee does not have sufficient financial management capacity to manage and account for grant funds, the Contractor may pay for and provide commodities or services for the grantee, retaining financial responsibility for implementation. Where equipment, software, and/or machinery are involved, where needed, the Contractor will ensure proper installation and training of the end users as well monitor how the commodities are being delivered and used/consumed as appropriate when the transition is underway and the Contractor can work on island and is based on the island. Grants under contracts shall be made in accordance with the requirements of Section H.9 of the basic IQC. Conferences The contractor shall also provide technical and logistical support to USAID for delivery of three to five conferences during the contractual period. A typical conference could have 30-100 participants for three days, and the Contractor may be tasked with arranging participant travel. The conferences could be held in Washington, D.C., Miami, FL or other appropriate places as determined by USAID. C.2.G. CROSS-CUTTING ISSUES USAID/Cuba has identified several key themes as cross-cutting issues that affect hastening transition in Cuba strategy. These include gender, youth, civil society, human and institutional capacity development, job creation, and media/public information. While the Contractor must integrate all of these themes into the CDCPP program, interventions to support youth, media, and civil society are of particular importance and may further link to hastening transition and preventing civil disturbance.


In addition to these thematic cross-cutting issues, the Contractor should also address several implementation and coordination issues, such as developing regional linkages between current or past USAID programs and possibly using such experiences to strengthen the ongoing USAID/Cuba programs. Conflict Mitigation The role of and relationships between the long exiled Cuban Diaspora, current USG Cuba program partners and Cubans who have remained on the island, including union, rural citizens, faith-based, and youth leaders, should be carefully explored and considered in developing such a program. Not only are contemporary, social and professional relations among such actors likely very sensitive, but Cuban authorities have also been known to interfere and sow distrust among interested Cuba transition and development partners. The Contractor’s ability to successfully manage this program will largely be dependent upon appreciating such variables and creating trustful, collaborative relations. Youth The last few years have seen the rise of well-organized youth groups in Cuba. Young people who lack opportunities for constructive political, social, and/or economic engagement in society may become particularly susceptible to recruitment into extremist political groups or criminal activity. Better CDCPP assessments should confirm whether this is as true in Cuba as in many other developing, neighboring countries. Depending upon real, rather than outsider perceived, conditions affecting youth, this program shall identify and seek innovative opportunities to support young people and look for ways to help improve their appreciation of Cuba’s promising future, seek social, technological and economic opportunities and engage them constructively in governance and civil society. The Contractor shall develop program activities that include young people and promote public advocacy, non-violent decision-making and constructive social and economic participation. The Contractor shall assess which youth are most at-risk and outreach activities should be developed or supported to engage such youth constructively. The Contractor shall propose innovative ways to integrate young people into all aspects of the program. Job Creation Recent polls indicate that the majority of Cuba’s citizens rank the standard of living, housing conditions and unemployment as their primary concerns. Improved living standards and lack of economic opportunity is one contributing factor that causes widespread public frustration with Cuba’s development and reform process. The Contractor shall propose approaches that will build sustainable economic opportunities in vulnerable areas with the goal of reducing the risk of political instability and promoting long-term economic security. Transparency and Accountability The legacy of the highly-centralized, hierarchical Castro government leaves Cuba especially vulnerable to widespread corruption, and could affect public confidence in a democratic transition. Referencing other post-communist transitions, assessments should be undertaken of the risks in various transition scenarios, of the sectors most vulnerable to privatization of public goods, and recommended approaches to introduce controls, transparency and accountability into government activity, particularly in the areas of procurement and privatization.


Media/Public Information Media can serve as a bridge between communities, but in Cuba it has often been a polarizing force. The language of communism is featured in most media outlets. Given that media may play a pivotal role in either maintaining calm during potential crises or provoking additional conflict, the Contractor shall develop an integrated media and public information strategy to play a constructive role in hastening transition or mitigating possible crises and generally provide strategic communications component across the CDCPP Program. USAID/Cuba will have a separate media program and the Contractor’s communication capacity shall be prepared to coordinate closely with this program on all media activities. USAID Program Linkages USAID and Department of State both fund grants through competitive processes. There may well be opportunities to link the program objectives of the grant programs with CDCPP activities. The Contractor should be aware that there may be a requirement to coordinate activities of the project closely with the CTO in order to be involved with activities of the grantees. Fast Response, Flexible Management, and Cost-Effectiveness The situation in Cuba may change rapidly over the next one to three years in response to events, both external and internal to Cuba. Therefore, the CDCPP program will need to have the capacity to quickly evolve and respond to changes on the ground. The Contractor shall demonstrate the ability to successfully adapt programs to rapidly changing environments. The Contractor shall be expected to share fixed costs (such as office rental and shared services) with other USAID/Cuba projects on the island in the event of a USG-Determined Transition and USAID is requested to provide assistance in order to promote efficiency in the use of funds and maximum investment in the program. Indeed, it is important that the Contractor’s proposed work plans and budgets demonstrate relatively high cost-effectiveness ratio for implementing such a program. C.2.H. MONITORING AND EVALUATION (M&E): The USAID/Cuba Program Objective and Areas, already cited, have been established and are in conformity with the USG’s foreign assistance planning and reporting framework.

As the CDCPP program is developed, the Contractor shall include and propose to USAID a procedure, resources, and system for monitoring and evaluation that is capable of tracking and documenting the status of all component activities for the CDCPP Program, including progress towards achieving targets and results. The monitoring system must be responsive to any additions and/or adjustments to the targets/indicators as agreed to by USAID. The system shall include the following elements and be capable of generating the following data and reports:

• Indicators, associated data, and descriptive indices of activities • Baseline of conditions, if available, at the program’s start • Activity tracking against work plan targets • Reporting of deliverables against work plan targets


• USAID program reporting data (to be defined by USAID/Cuba Program Office) • Standard Indicators/Program Area • Data Quality Assessments conducted by the Contractor’s activity managers every two

years. • Consultant Database • Financial Plan and Expenditure Tracking

C.2.I. MID-TERM REVIEW A mid-term, formative evaluation of the CDCPP program may be conducted by USAID in collaboration with the Contractor and possibly other stakeholders approximately 18 months after the start of the program to determine if adjustments should be made to any part of the program’s approach. The Contractor shall participate in the review and shall provide information and data, as required, to the evaluation team undertaking the review. In addition to the mid-term review, USAID may conduct other independent reviews or summative evaluation should circumstances so dictate. C.2.J. PUBLIC INFORMATION/PUBLIC RELATIONS In addition to work with media to encourage responsible of achieving program objectives, and the regular reporting of program results and accomplishments to USAID, depending upon whether the expanded scope of transition activities are realized in the event of a USG-Determined Transition, the Contractor’s staff should be prepared to keep Cuban citizens informed of notable activities and results and highlight the contribution of the American people to Cuba’s development. These activities may include community outreach, press tours, public events, printed materials, and other products or activities. This program component will also monitor local media on an ongoing basis to ensure that activities are being reported accurately and remain attuned to local conditions in the communities in which they are carried out. C.2.K. PROGRAM MANAGEMENT The Contractor shall have the primary responsibility for ensuring that activities conducted under this program contribute to USAID’s assistance strategy for Cuba and achieve the anticipated results. Conditions permitting, while the Contractor shall establish central management offices in Havana if assistance is requested in the event of a USG-Determined Transition, it is expected that most of the program staff will be located in field offices in proximity to implementation sites to ensure the effectiveness of technical assistance, training, and economic development activities, and deliver humanitarian aid that may be required in crisis situations. As part of the illustrative work plan, the Contractor will include for USAID’s approval a proposal for the location, staffing, and functions of the first one or two field offices. USAID may also require the Contractor to provide, at no additional cost, secure space within these field offices to house a small USAID monitoring unit comprised of three, full-time Foreign Service National (FSN) staff, should USAID chose to place them there.


The Contractor will establish a data-based management system through which the CTO will be able to conduct routine task order management through the electronic review and approval of such items as short-term technical assistance requests, country clearances, access to trip reports, events schedules, etc. C.2.L. SPECIAL CONSIDERATIONS A. Environmental Concerns In the event planned program activities could have any environmental consequences, the Contractor will be required to implement the provisions of the Initial Environmental Examination (IEE) prepared by USAID/Cuba and cleared by the USAID Regional Environmental Officer. The Contractor must have the capability to conduct environmental reviews as specified in the IEE for all activities not categorically excluded, implement appropriate mitigating actions, and conduct adequate monitoring to ensure environmental concerns are addressed. The Contractor will be responsible for ensuring that all requirements of the Agency's environmental regulations found at 22 CFR 216 are satisfied. B. Gender Sensitivity Because of special vulnerabilities during times of crisis, as well as general economic and equity issues, gender affects program performance. Its inclusion in activity planning will result in better-targeted and more effective programs. Gender is not a euphemism for “women.” It means examining the constraints and opportunities for both men and women – particularly as they may differ. Including gender means assessing: how the problems of men and women may be different, how the impact of activities may differentially affect men and women, and how the contributions of men and women may contribute to results in different ways. The CDCPP program will consciously address the need for increased gender sensitivity in areas such as humanitarian aid, civic participation, training, local economic development, and other aspects of the activity as appropriate. Work plans, grant awards, reports and presentations will reflect these considerations. The Contractor’s workplan will demonstrate a knowledge of and sensitivity to gender issues and illustrate how that knowledge and sensitivity will be translated to effective implementation of the program. All appropriate and feasible impact and indicator data will be disaggregated by gender. C. Commodity and Services Procurement At the Contracting Officer’s written direction, the contractor may be required to purchase and/or lease, transport and deliver to the island commodities. The procurement and/or lease of commodities may include:

(1) Assessing, analyzing, and developing specifications for commodities required by USAID; and

(2) Undertaking the procurement and/or lease of approved commodities for USAID

and USAID partners according to USAID regulations. These commodities may include, but is not be limited to

(a) Computers and software;


(b) Flash drives; (c) Satellite televisions and/or services; (d) Multimedia and/or alternative media sources; (c) Office equipment; (d) Cell phones; (e) Motor vehicles; (f) Rental or leasing of housing; (g) Office space rental; (h) Supplies, and equipment; and (i) Services (e.g., telecommunication, security, etc.) required for assistance. (3) Undertake the procurement of services such as personnel staffing and

training (including training materials). SOURCE, ORIGIN AND NATIONALITY REQUIREMENTS (FEB 1997) (a) Except as may be specifically approved by the Contracting Officer, all commodities (e.g., equipment, materials, vehicles, supplies) and services (including commodity transportation services) which will be financed under this task order with U.S. dollars shall be procured in accordance with the requirements in 22 CFR part 228, "Rules on Source, Origin and Nationality for Commodities and Services Financed by USAID." The authorized source for procurement is Geographic Code 935. Guidance on eligibility of specific goods or services may be obtained from the Contracting Officer. (b) Ineligible goods and services. The Contractor shall not procure any of the following goods or services under this task order: (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 shall not procure any of the following goods or services without the prior written approval of the Contracting Officer:


(1) Agricultural commodities, (2) Motor vehicles, (3) Pharmaceuticals and contraceptive items, (4) Pesticides, (5) Fertilizer, (6) Used equipment, or (7) U.S. government-owned excess property. If USAID determines that the Contractor has procured any of these specific restricted goods under this task order without the prior written authorization of the Contracting Officer, and has received payment for such purposes, the Contracting Officer may require the Contractor to refund the entire amount of the purchase. D. Restrictions on Assistance to Cuba Various U.S. Government statutory or regulatory restrictions on assistance apply to this program but may also change as circumstances evolve. USAID will inform the Contractor of these restrictions, and incorporate them into the task order as necessary. USAID/Cuba will maintain the right to redirect activities in response to USAID program and strategy requirements, changes in the political situation, or regulatory changes. C.2.M. SECURITY REQUIREMENTS (a) This Task order involves classified performance in accordance with ADS Chapter 567 "Classified Contract Security and Contractor Personnel Security Program" and FAR Subpart 4.4 "Safeguarding Classified Information Within Industry". Consequently, this task order incorporates the minimum provisions needed to comply with the National Industrial Security Program (NISP) and ADS 567, as summarized in paragraphs (b) through (g) below. Consequently, a DD 254, cleared by the Office of Security (SEC), is included with the Statement of Work for this classified task order. A blank copy of the DD 254 is attached in Section J. (b) In order to be considered for a classified task order, the contractor must obtain and maintain a "Facility Clearance" at the "Secret" level. (c) If the Defense Security Service (DSS) grants an interim clearance but then subsequently revokes the interim clearance after task order award and denies a final clearance, the task order may be terminated, depending on the reasons DSS denied the clearance. (d) Employees of the Contractor working under this task order and requiring access to classified national security information and/or to areas under the control of USAID deemed "Restricted" by USAID's Office of Security must have been subject to an appropriate level background investigation by the Defense Security Service (DSS). DSS must issue either an "Interim" or "Final" security clearance for each such employee before USAID will grant him or her unescorted access to USAID's restricted spaces(s) or permit him or her access to classified


national security information. If DSS issues an interim clearance but subsequently denies a final clearance for an employee of a cleared contractor, the contractor must immediately remove the employee from USAID-restricted space and prevent him or her from having access to or handling classified or administratively controlled materials. The contractor is responsible for providing properly cleared personnel to work on the task order and for ensuring that performance is not jeopardized. (e) The contractor's Facility Security Officer (FSO) must forward a valid "Visit Request" identifying their representatives/employees and the required security clearance information to the USAID Office of Security, 1300 Pennsylvania Ave., N.W., Washington, D.C. 20523-8800. (f) In the event the contractor subcontracts any work to be performed under a classified task order, the contractor is responsible for issuing the security guidance provided by USAID to any subcontractor and ensuring that subcontractors comply with security requirements of the prime contract/task order. (g) The USAID Office of Security will issue RRB facility passes to individual contractor representatives/employees upon receipt of the "Visit Request." The contractor must ensure that any passes issued are returned upon termination of employment or completion of the task order, whichever occurs first." C.2.N SECURITY CLEARANCES The Chief of Party must have a “Secret” security clearance. This requirement may be extended to other personnel as the situation requires. C.4 IMPLEMENTATION AND MANAGEMENT PLAN The Contractor shall provide contract management necessary to fulfill all the requirements of this task order. This includes cost and quality control under this contract. C.5 PERFORMANCE MONITORING PLAN The contractor’s performance shall be evaluated based on the completion of specific tasks as outlined in the Task Order, adherence to the work plan, and reports submitted to the Task Order Cognizant Technical Officer (TOCTO).

END OF SECTION C


SECTION D – PACKAGING AND MARKING D.1 AIDAR 752.7009 MARKING (JAN 1993) (a) It is USAID policy that USAID-financed commodities and shipping containers, and project construction sites and other project locations be suitably marked with the USAID emblem. Shipping containers are also to be marked with the last five digits of the USAID financing document number. As a general rule, marking is not required for raw materials shipped in bulk (such as coal, grain, etc.), or for semifinished products which are not packaged. (b) Specific guidance on marking requirements should be obtained prior to procurement of commodities to be shipped, and as early as possible for project construction sites and other project locations. This guidance will be provided through the cognizant technical office indicated on the cover page of this contract, or by the Mission Director in the Cooperating Country to which commodities are being shipped, or in which the project site is located. (c) Authority to waive marking requirements is vested with the Regional Assistant Administrators, and with Mission Directors. (d) A copy of any specific marking instructions or waivers from marking requirements is to be sent to the Contracting Officer; the original should be retained by the Contractor. D.2 BRANDING The Contractor shall comply with the requirements of the USAID “Graphic Standards Manual” available at www.usaid.gov/branding, or any successor branding policy.

END OF SECTION D

SECTION E - INSPECTION AND ACCEPTANCE

E.1 TASK ORDER PERFORMANCE EVALUATION Task order performance evaluation shall be performed in accordance with the basic ICRP IQC.

END OF SECTION E


SECTION F – DELIVERIES OR PERFORMANCE

F.1 PERIOD OF PERFORMANCE (a) The estimated period of performance for this task order is August 14, 008 to August 13, 2011. (b) Subject to the ceiling price of this task order, the TOCTO may extend the estimated completion date, provided that the extension does not cause the elapsed time for completion of the work, including the furnishing of all deliverables, to extend beyond 60 calendar days from the original estimated completion date. Prior to the original estimated completion date, the contractor shall provide a copy of the TOCTO’s written approval for any extension of the term of this task order to the Contracting Officer; in addition, the contractor shall attach a copy of the TOCTO's approval to the final voucher submitted for payment. (c) It is the contractor's responsibility to ensure that the TOCTO-approved adjustments to the original estimated completion date do not result in costs incurred that exceed the ceiling price of this task order. Under no circumstances shall such adjustments authorize the contractor to be paid any sum in excess of the task order amount. (d) Adjustments that will cause the elapsed time for completion of the work to exceed the original estimated completion date by more than 60 calendar days must be approved in advance by the Task Order Contracting Officer (TOCO). F.2 DELIVERABLES A. Annual Work Plan Developed in consultation with USAID, the Contractor’s annual work plan must be a realistic, evolving program plan. It shall be developed from an analysis and appreciation of the wide-ranging constraints to hastening ‘transition’ developments in Cuba, developing effective relations with potential program partners, Cuba’s broader development potential, as well as emerging social, political and economic trends. The work plan will describe activities to be conducted at a greater level of detail than the Task Order’s Statement of Work. The complete work plan shall be sufficiently detailed to permit monitoring project implementation, and include a performance monitoring plan. The length for the work plan shall be no more than 25 pages. The first work plan is due 15 days after the signing of the task order. After USAID’s review, the Contractor shall incorporate any required revisions into a final work plan before the USAID CTO will provide the Contractor a written approval of the final work plan. In the Year I work plan, the Contractor shall also include a proposed list of Cuba program partners to be included in the CDCPP Program. The contractor shall make no commitment to begin executing the work plan without USAID’s prior written approval. The Contractor shall submit three hard copies of a draft version of the overall work plans for Year I Program Implementation to the USAID Cuba Program Director. The Contractor shall submit three hard copies plus three CD copies of the final version of the annual work plans to USAID for written approval. The work plans for


subsequent years shall be submitted by the Contractor for review and written approval by USAID/Cuba no later than 30 days prior to the start of the next 12-month work period. The work plans shall include, but not necessarily be limited to, a description of the various components to be implemented; specific, anticipated periods when staff and consultants, and the types of credentials they bring, will be utilized; and specific, proposed targets and indicators for advancing each program area and element. It shall include a schedule/timeline of activities and tasks planned to be conducted and the inputs to be provided, by the Contractor. The work plans shall be cross-referenced with the applicable sections in the task order’s Statement of Work. Work plan activities shall not change the Task Order’s Statement of Work or any other terms and conditions of the task order. Such changes may only be approved by the Contracting Officer, in advance and in writing. If there are inconsistencies between the work plan and the Statement of Work or other terms and conditions of this task order, the latter will take precedence over the work plan. The work plan shall describe the task order-level outputs that the Contractor expects to achieve during the planning period associated with indicators identified in the program’s areas and elements. Included shall be an explanation of how those task level outputs are expected to contribute to the Program Area and Program Element level results. An estimated budget, identifying the anticipated inputs by major component, shall accompany the annual work plan. - GUC Operational Guidelines: The contractor shall submit for CTO and Contracting Officer

written approval either a separate plan (submitted along with the Work Plan), or an appendix submitted with the Work Plan that specifies how the grant fund will operate, including criteria to be employed in the evaluation and selection of grant applications eligible for funding. The plan shall set forth the procedures for the administration of the grant fund, including monitoring and reporting, and guidelines for financial management by the contractor. Grant criteria will require written CTO and Contracting Officer approval, and the contractor shall inform USAID in writing -- through program reports -- of the purpose, grantee, and size of grants issued. USAID must approve individual awards. Program reports are due at the end of each calendar month.

- An overall operational plan for the surge program platform/ crisis response developed under

Component IV should be included in the work plan, demonstrating how the Contractor will plan for and be prepared to rapidly ramp up program implementation in the event the Phase II option is exercised.

B. Cuba Monitoring Reports The contractor shall monitor, on an ongoing basis, changing political and social dynamics at local and national levels through polling or monitoring of surveys taken by others, networking, media monitoring, or other appropriate means for gathering contemporary information regarding Cuba. The Contractor shall provide USAID with concise (normally 2-5 pages) monthly reporting on potentially evolving events and sources of social, economic or political instability, the implications for surge capacity/transition contingency planning, and, where appropriate, current considerations regarding proposed activities to promote successful democratic transition. The main purposes of these reports are to prepare for the effective planning and potential use of the surge capacity option in this task order, to identify program adjustments, and to provide information to assist other interested stakeholders. The contractor shall provide USAID with 5


hard copies as well as an electronic copy of each monthly report. USAID and the Contractor may also decide on other types of report distribution if it seems appropriate. C. Semi-annual Program Reports The Contractor shall provide USAID/Cuba thorough analytical, impact, and program reporting data. Reports will discuss:

program progress made during the previous three months, how problems encountered have either been or remain to be resolved, relations with other Cuba program partners particular successes or anecdotes worthy of highlighting, shifts in policy or procedures that are creating problems or facilitating crisis response promising trends or practices for programming.

The Contractor shall submit three hard copies and three CD copies of the Semi-Annual Progress Reports to the CTO and the Contracting Officer (CO). The Contractor shall submit these reports no later than 30 days after the close of the six-month reporting period. It is important to bear in mind that work plans and program reports must be associated with interventions undertaken with respective USAID program areas, including associated indicators3. The Contractor shall submit an outline of such reports for approval by USAID prior to reports’ submission. Semi-Annual Reports shall also include the results the Contractor has achieved from the implementation of the agreed-upon performance monitoring plan. The Contractor shall include no fewer than two 1-2 page success stories will be included as an annex to each Semi-Annual Report. D. Monitoring and Reporting for Surge Capacity Option If the surge capacity response option is activated under Phase II, USAID will seek a means of reporting and planning that is sensitive to rapidly changing events and decisions and making adaptive, program plans. Upon exercise of the surge capacity option, the Contractor shall prepare a concise (2-4 page) weekly update highlighting on-island developments, program implementation activities of the previous two weeks and plans for the forthcoming two weeks, including the political situation, implementation of assistance activities, cooperation with any particular government entities, partners and local stakeholders, and coordination with other donors. E. Quarterly Financial Reporting The Contractor shall submit to the CTO brief, quarterly expenditure reports. These reports shall contain a summary page that reflects spending for the quarter by category and show cumulative spending to date. The Contractor shall also include a brief note on any significant accrued expenditures for the quarter that have not yet been billed to the task order, along with the specific amount involved, to enable the CTO to accurately track the program’s expenditure rate. These reports shall be submitted no later than two weeks before the end of each quarter. Each quarter, the CTO will specify the precise deadline for submitting the financial reports. 3 Reference: (http://f.state.gov/docs/plan/AnnexC_StandardizedProgramStructureandDefinitions.pdf) for understanding program areas, elements, and associated indicators


F. Annual Program Objective, Area and Element Results Report To meet USAID’s program planning reporting requirements, the Contractor shall submit three hard copies of a brief annual Operating Plan, which shall describe task order progress per respective program area as well as the planned and actual, numerical targets established and approved by USAID. This report will be used for the annual reporting requirements in Washington. The draft report shall be submitted to the CTO no later than 1 October for each year of the task order. The CTO will provide comments within 15 days. The Contractor shall then submit three hard copies plus one electronic copy via e-mail to the CTO for approval within 15 days of receipt of the CTO’s comments. G. Short-term Consultant Reports Unless the CTO otherwise agrees in writing, the Contractor shall submit within 10 days following departure of a Consultant, a brief written (1-2 pages) report describing the purpose of the consultancy, progress made, observations to be shared, issues identified and/or problems encountered, and expected follow-on activities by resident Contractor staff or participating counterparts. These reports may be submitted electronically via e-mail to the CTO. H. Final Report The Contractor shall submit, within 60 days of the completion date of this task order, a detailed Final Report, which shall include, but not be limited to:

• Financial report showing, by line item, the amounts expended; • Summary of accomplishments achieved under this task order • Discussion of problems encountered and where objectives were not achieved • Lessons learned • Suggestions concerning desirable future, follow-on programs, if any • Description of all non-governmental institutions with which the program components

worked and an evaluation of their strengths and weaknesses • Index of all reports and information products produced under this task order.

The Contractor shall submit three hard copies and three CD copies of the Final Report to USAID/Cuba plus an electronic version via e-mail to the Contracting Officer. I. Other Deliverables In addition to the reports listed above, the Contractor as a part of the CDCPP Program shall prepare modest training and reference manuals in Spanish and English to forward the objectives of the program.


F.3 WORKDAYS ORDERED (a) Functional Labor Categories: The contractor is required to comply with the labor categories in section B.5 of the Basic ICRP IQC in regards to fixed daily rates. In addition, the LOE in the contractor’s Cost Proposal, Section J.2 Attachments is hereby incorporated by reference. (b) Subject to the ceiling price established in this delivery order and the prior written approval of the TOCTO, the contractor may adjust the number of workdays actually employed in the performance of the work by each position specified in this order. The contractor shall attach a copy of the Technical Officer’s approval to the final voucher submitted for payment. Adjustments may only be within ceiling of the total workdays ordered.

(c) It is the contractor’s responsibility to ensure that the TOCTO-approved adjustments to the workdays ordered for each functional labor specialist do not result in costs incurred which exceed the ceiling price of this delivery order. Under no circumstances shall such adjustments authorize the contractor to be paid any sum in excess of the ceiling price. F.4 TECHNICAL DIRECTION AND DESIGNATION OF RESPONSIBLE USAID OFFICIALS

Contracting Officer U.S. Agency for International Development 1300 Pennsylvania Ave. M/OAA/GRO/LMA, Room 7.09-75 Washington, DC 20523-7900 The Cognizant Technical Officer (CTO) will be designated separately. F.5 PLACE OF PERFORMANCE

The primary place of performance under this Task Order is the Washington, DC area with travel to Latin America and the Caribbean as specified in the Statement of Work. F.6 AUTHORIZED WORK DAY / WEEK

No overtime or premium pay is authorized under this Task Order. F.7 REPORTS AND DELIVERABLES OR OUTPUTS In addition to the requirements set forth for submission of reports in Sections I and J, and in accordance with AIDAR clause 752.242-70, Periodic Progress Reports, the Contractor shall submit reports, deliverables or outputs as further described below to the CTO (referenced in Sections F.2 and G). All reports and other deliverables shall be in the English language, unless otherwise specified by the CTO.

(a) Semi Annual Progress Reports: Reports shall be submitted in accordance with section F.9 of the basic IQC. The scope and format of the reports will be determined in consultation with the CTO.


(b) Annual Workplans: Annual Workplans shall be required of the Contractor that will detail the work to be accomplished during the upcoming year. The scope and format of the Annual Workplan will be agreed to between the Contractor and the CTO during the first thirty days after the award of the contract. These Annual Workplans may be revised on an occasional basis, as needed, to reflect changes on the ground and with the concurrence of the CTO. The first Annual Workplan shall be submitted within one month of award of the contract. The workplan should include the estimated monthly funding requirements during the upcoming year of program implementation, necessary to meet all program objectives within the contract. USAID will respond to the workplan within five calendar days. (c) Final Report: The Contractor shall prepare a final report that matches accomplishments to the specific paragraphs of the Scope of Work. The final report will be drafted to allow for incremental improvements in the process, both generally within USAID and specifically with respect to this contract. (d) Report Deliverables in accordance with Section F.2

END OF SECTION F

SECTION G – TASK ORDER 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 then 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 Bureau for Latin America and the Caribbean shall provide technical oversight to the Contractor through the designated CTO. The contracting officer shall issue a letter appointing the CTO for the task order and provide a copy of the designation letter to the contractor. G.3 ACCEPTANCE AND APPROVAL The CTO must accept and approve deliverables before payment may be made.


G.4 INVOICES One (1) original of each invoice shall be submitted on an SF-1034 Public Voucher for Purchases and Services Other Than Personal to the paying office specified in Block 6 of the cover page. One copy of the voucher and the invoice shall also be submitted to the Contracting Officer and the CTO. Electronic submission of invoices is encouraged. Submit invoices to the Office of Chief Financial Officer to this address: [email protected]. The SF-1034 must be signed, and it must be submitted along with the invoice and any other documentation in Adobe. Paper Invoices shall be sent to the following address: Paying office specified in Block 6 of the cover page If submitting invoices electronically, do not send a paper copy.

END OF SECTION G

SECTION H – SPECIAL TASK ORDER REQUIREMENTS H.1 KEY PERSONNEL

H.2 AUTHORIZED GEOGRAPHIC CODE The authorized geographic code for procurement of goods and services under this order is 935. However, local procurement under this Task Order is authorized under the small grants program only. H.3 GRANTS UNDER CONTRACTS Grant under contracts shall be in accordance with Section H.9 of the Basic IQC. In addition, the contractor must ensure the following: 1. The grantee does not appear on the "List of Parties Excluded from Federal Procurement and Non-Procurement Programs"; is not a “public international organization", any governmental organization or is affiliated with the Contractor or any of its directors, officers or employees.


2. The Grant follows all requirements of USAID's Automated Directives System 303, as amended, on grant making and administration, except as modified by this Agreement or as approved through a specific written deviation granted by the Contracting Officer. Furthermore, the Contractor agrees that it shall be responsible, prior to awarding each grant, to ensure that any applicable regulatory, policy or procedural changes disseminated through Acquisition & Assistance Policy Directives or any similar notice available on the Agency’s public web site are included in all grants awarded after the effective date of such changes. 3. Each grant awarded by the Contractor on behalf of USAID under this Agreement shall be in the following form: (1) a grant letter; (2) a Schedule; (3) a Program Description to be developed by the grantee and the Contractor; and (4)(i) the mandatory standard provisions and (ii) any applicable required-as-applicable standard provisions. Grants to US organizations may not exceed $100,000 without the advance written consent of the Contracting Officer. 4. The grants do not finance: 1) capital expenditures (including construction) or equipment having a useful life of more than one year and an acquisition cost of $5,000 or greater , 2) subawards or subcontracts, 3) human subject research (as defined by 22 CFR 225), 4) family planning activities, 5) HIV/AIDS activities, 6) trafficking in persons activities without written approval, in advance, from the Contracting Officer; and 7) contain no substantial involvement. In addition, grants shall not be used to support: 1) any matter before a court in which the United States government or a private entity or citizen is or is likely to be involved as a party or 2) any matter before a court that involves or is likely to involve a matter of significance for the foreign policy or national security interests of the United States. 5. The Contractor has received a signed Certification Regarding Terrorist Financing from the proposed grantee and unless the Contractor has confirmed that the proposed grantee: (i) does not appear on the master list of Specially Designated Nationals and Blocked Persons, which list is maintained by the U.S. Treasury’s Office of Foreign Assets Control (OFAC) and is available online at OFAC’s website: http://www.treas.gov/offices/eotffc/ofac/sdn/t11sdn.pdf and (ii) is not included in any supplementary information concerning prohibited individuals or entities that may be provided by USAID to the Contractor and (iii) has not been designated by the United Nations Security (UNSC) sanctions committee established under UNSC Resolution 1267 (1999) (the “1267 Committee”) [individuals and entities linked to the Taliban, Usama bin Laden, or the Al Qaida Organization]. To determine whether there has been a published designation of an individual or entity by the 1267 Committee, the Contractor should refer to the consolidated list available online at the Committee’s website: http://www.un.org/Docs/sc/committees/1267/1267ListEng.htm The Contractor further agrees to consider all information about the proposed grantee of which it is aware and all public information that is reasonably available to it or of which it should be aware prior to recommending a grant to that individual or organization for USAID’s approval. The Contractor further agrees to implement reasonable monitoring and oversight procedures to safeguard against assistance being diverted to support terrorist activity and to immediately notify USAID and cease support, transactions or dealings with any individual or organization that is designated by the United States Government as a Foreign Terrorist Organization or as a Specially Designated Terrorist or a Specially Designated Global Terrorist or has been designated by the United States Government in or pursuant to Executive Orders 12947 or 13224, or has been designated by the 1267 Committee, or otherwise engages in terrorist acts. 6. The grant does not extend for any period beyond the estimated termination or completion date of its Contract.


7. The grants provide that all interest and other refunds by grant recipients hereunder will be made to a special, non-comingled, interest-bearing account established by the Contractor (the "Separate Account"). The Contractor has no beneficial interest in any funds in the Separate Account. Funds in the Separate Account shall be used as directed by the Contracting Officer. 8. The grants provide that in Recognition of the paramount interest of the United States and USAID in grant-making, the parties agree that USAID may, in its sole discretion, supersede any decision, act or omission taken by the Contractor in respect of any grant made by it, or proposed to be made by it, hereunder. Notwithstanding any other provision of this Agreement, USAID retains the right, at all times hereunder, through the Contracting Officer, to (1) dictate a different decision with respect to the award or administration of any grant; (2) rectify an omission by the Contractor with respect to the award or administration of any grant; (3) take over the administration of any grant awarded hereunder; and/or (4) terminate, in whole or in part, the Contractor's authorities under this Agreement. 9. That the Contractor scrupulously avoid any conflicts of interest and should any conflict of interest arise, the Contractor shall immediately notify the Contracting Officer as to the conflict and the Contractor's proposed solution for avoiding the conflict, and the Contractor shall follow the instructions of the Contracting Officer. 10. That the Contractor will act as custodian for USAID of all records relating to grants under the Contract. The Contractor will preserve all records with respect to its grant-making (including with respect to the deliberations of all Review Panels) and grant administration hereunder. Copies of all reports received from grantees will be promptly forwarded to the Cognizant Technical Officer. USAID and the Comptroller General shall have full access to all documents, papers and others records of the Contractor with respect to its duties hereunder. At the conclusion of the Contract, the Contractor shall consult with the Contracting Officer for direction as to which records shall be transferred to USAID. 11. With reference to Required as Applicable Standard Provision No. 7 entitled “Publications and Media Releases”, the Contractor agree to be responsible for forwarding one copy of all published reports referenced in paragraph (c) to USAID Development Experience Clearinghouse (DEC), Development Experience Clearinghouse, 8403 Colesville Road, Suite 210, Silver Spring, MD 20910, USA Internet e-mail address: [email protected]. H.4 LANGUAGE REQUIREMENTS All deliverables shall be produced in English. Ability to hire local language expertise is required when necessary for the completion of field support tasks.

H.5 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 or technical personnel in the performance of the services specified in the Task Order unless the use of Government facilities or personnel is specifically authorized in the Task Order or is authorized in advance, in writing, by the CO. (b) If at any time it is determined that the contractor, or any of its employees or consultants, have used U.S. Government facilities or personnel either in performance of the contract itself, or


in advance, without authorization in, in writing, by the Contracting Officer, then the amount payable under the contract shall be reduced by an amount equal to the value of the U.S. Government facilities or personnel used by the contractor, as determined by the contracting officer. (c) If the parties fail to agree on an adjustment made pursuant to this clause it shall be considered a "dispute" and shall be dealt with under the terms of the "Disputes" clauses of the contract. H.6 CONFIDENTIALITY AND OWNERSHIP OF INTELLECTUAL PROPERTY All reports generated and data collected during this project shall be considered the property of USAID and shall not be reproduced, disseminated or discussed in open forum, other than for the purposes of completing the tasks described in this document, without the express written approval of a duly-authorized representative of USAID. All findings, conclusions and recommendations shall be considered confidential and proprietary. H.6 CONTRACTOR’S STAFF SUPPORT, AND ADMINISTRATIVE AND LOGISTICS

ARRANGEMENTS The Contractor shall be responsible for all administrative support and logistics required to fulfill the requirements of this task order. These shall include all travel arrangements, appointment scheduling, secretarial services, report preparations services, printing, and duplicating. H.7 PERIODIC PROGRESS REPORTS (July 1998) (CIB 98- 21) (a) The contractor shall prepare and submit progress reports as specified in the Schedule of this contract. These reports are separate from the interim and final performance evaluation reports prepared by USAID in accordance with (48 CFR) FAR 42.15 and internal Agency procedures, but they may be used by USAID personnel or their authorized representatives when evaluating the contractor's performance. (b) During any delay in furnishing a progress report required under this contract, the contracting officer may withhold from payment an amount not to exceed US$25,000 (or local currency equivalent) or 5 percent of the amount of this contract, whichever is less, until such time as the contracting officer determines that the delay no longer has a detrimental effect on the Government's ability to monitor the contractor's progress. H.8 REPORTING ON TAXATION OF U.S. FOREIGN ASSISTANCE (a) Reporting of Foreign Taxes. The contractor must annually submit a final 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 e-mail. (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 is 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 report is an updated cumulative report of the interim report. (viii) Reports are required even if the contractor did not pay any taxes during the report period. (ix) 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: (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: Paying Office in Block 6 of the cover page. (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.9. LICENSING REQUIREMENTS FOR CUBA

(a) The Cuban Democracy Act and the Libertad Act, under which the activities financed under this Cooperative Agreement are authorized, provides authority to carry out activities through individuals and nongovernmental organizations to promote a peaceful transition to democracy in Cuba. The Treasury and Commerce Departments regulate trade and traffic in Cuba. The Treasury Department maintains and enforces licensing requirements for travel to Cuba, expenditures of funds on the Island and remittances of cash in Cuba. The Commerce Department maintains and enforces licensing requirements of all U.S.-origin goods to Cuba.

(b) Although the U.S. Treasury Department has issued USAID License No. C-18212 and Amendment No. C-18212-A (attached thereto), authorizing the Agency to carry out the full range of activities under this Agreement, until further notice USAID contractors/recipients/grantees will need to obtain in advance their own Treasury Department licenses to permit travel to Cuba under this program and travel-related expenses they may incur while carrying out grant activities on the Island. The address of the pertinent office in the Department of Treasury which grants these licenses is: _________(TBD)_________________

(c) The Department of Commerce has not provided USAID a blanket license. Therefore, all USAID contractors/recipients/grantees intending to provide any kind of equipment and supplies to recipients in Cuba must apply in advance to the Commerce Department’s Bureau of Export Administration and obtain a license prior to providing the equipment or supplies. The address of the pertinent office in the Department of Commerce which grants licenses for transactions concerning Cuba is: Office of Exporter Services, P.O. Box 273, Bureau of Export Administration, Department of Commerce, Washington, D.C. 20230, Tel:(202) 482-4811, Fax:(202) 482-3617.

H.10. CUBAN DEMOCRACY ACT and LIBERTAD ACT (a) This Task Order is made pursuant to the authorities of the Cuban Democracy Act. 22 U.S.C. 6001 et. Seq., Sec. 6004, (“CDA”) and the Cuban Liberty and Democratic Solidarity (Libertad) Act of 1996, 22 U.S.C. Sec. 6021 et. Seq., Sec.6039,(“Libertad Act”). Activities authorized and financed under this Task Order are governed and limited by the terms of the CDA and the Libertad Act. (b) The CDA and the Libertad Act authorize assistance through nongovernmental organizations to support individuals and independent nongovernmental organizations to promote peaceful, nonviolent democratic change in Cuba through various types of democracy-building efforts for Cuba. The Contractor agrees that funds made available under this Task Order will only be utilized for peaceful, nonviolent activities, in accordance with the CDA and the Libertad Act.


(c) No funds under this Task Order may be provided to the Cuban Government, as stated in the Libertad Act. The Libertad Act, 22 U.S.C. Sec. 6023(1) and (5), defines “Cuban Government” as including the government of any political subdivision of Cuba, and also any “agency or instrumentality” of the Government of Cuba, as these terms are further defined in 28 U.S.C. Sec. 1603(b). Section 1603(b) states that an organization which is either a) an “organ of a foreign state or political subdivision thereof” (here an organ of the Cuban Government), or b) “a majority of whose shares or other ownership interest is owned by a foreign state or political subdivision thereof” is an “agency or instrumentality of a foreign state,” thus ineligible for funding under this Task Order. Employees of the Government of Cuba, as defined above, are also ineligible for assistance while working in their official capacities. However, such persons, while not working in their official capacities as employees of the Cuban Government, are considered as individuals and are eligible for assistance. Furthermore, merely providing information on transitions to democracy, human rights, and market economies to individuals who are Cuban Government employees is not considered assistance to the Cuban Government, because the information is offered to these persons as individuals, and does not benefit the current Government of Cuba. (d) Conference Report to the Libertad Act, H.R. 104-468, page 50, clarifies that “incidental payments or indirect benefits to commercial or regulatory entities of the Cuban Government, e.g., payments for hotels, car rental travel or transportation to or within the island, purchases of other goods or services in the local economy, customs fees, migration fees, or other comparable government charges” are not considered to be assistance to the Cuban Government which is prohibited by the Libertad Act.

(e) The Recipient shall take all reasonable steps necessary to ensure that the above special provisions (a)-(d) are followed. Violation of special provision No.(b) above is grounds for termination of this Task Order for cause and disallowance of costs incurred. Violation of special provision No.(c) may lead to disallowance of costs incurred.

(f) Due to the political sensitivity of the USAID Cuba Program, USAID does not require any attribution to USAID or to the U.S. Government in any materials that will be distributed on the island.

(g) Given the nature of the Cuban regime and the political sensitivity of the USAID Program, USAID cannot be held responsible for any injury or inconvenience suffered by individuals traveling to the island under USAID funding.

H.11. COMPLIANCE WITH U.S. LAWS AND REGULATIONS

All USAID Cuba Program contractors are reminded that they are expected to comply with all terms of the Task Order as well as with all U.S. laws and USG regulations. This includes but is not limited to the following:

1) Contractor must observe U.S. laws that protect copyrights and other

intellectual property. Without advance written permission from holders of copyrights, grantees may not copy books, videos, audio cassettes, CDs, computer software and other informational materials for dissemination in the U.S. or elsewhere, or for distribution inside Cuba.


2) Because of the First Amendment to the Constitution, grantees may not use

USG funds to purchase, copy, mail, or distribute religious or anti-religious materials.

3) Grantees may not send any equipment to Cuba without a valid Commerce Department license approving the distribution of that equipment, no matter who requests the equipment or how it is sent.

4) Procurement of goods and services on the Island is not permitted except for

the following limited circumstances: a) travel and travel-related payments for implementation of the activities

authorized under this award; b) procurement necessary for on-island recipients of small grants to carry

out activities authorized under this award.

END OF SECTION H

SECTION I – CONTRACT CLAUSES I.1 Reference ICRP Basic IQC: DFD-I-00-05-00250-00, Section I.1-Contract Clauses.

I.2 52.217-7 Option for Increased Quantity-Separately Priced Line Item (Mar 1989) The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor prior to the end date of the period of performance in the contract specified in Section F.1. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree. 1.3 AIDAR 752.7028 DIFFERENTIALS AND ALLOWANCES (JULY 1996) (This clause does not apply to TCN or CCN employees. TCN and CCN employees are not eligible for differentials and allowances, unless specifically authorized by the cognizant Assistant Administrator or Mission Director. A copy of such authorization shall be retained and made available as part of the contractor's records which are required to be preserved and made available by the "Examination of Records by the Comptroller General" and "Audit" clauses of this contract). (a) Post differential. Post differential is an additional compensation for service at places in foreign areas where conditions of environment differ substantially from conditions of environment in the continental United States and warrant additional compensation as a recruitment and retention incentive. In areas where post differential is paid to USAID direct-hire employees, post differential not to exceed the percentage of salary as is provided such USAID employees in accordance with the Standardized Regulations (Government Civilians, Foreign Areas), Chapter 500 (except the limitation contained in Section 552, "Ceiling on Payment") Tables-Chapter 900, as from time to time amended, will be reimbursable hereunder for employees in respect to amounts earned during the time such employees actually spend overseas on work under this contract. When such post differential is provided to regular


employees of the Contractor, it shall be payable beginning on the date of arrival at the post of assignment and continue, including periods away from post on official business, until the close of business on the day of departure from post of assignment en route to the United States. Sick or vacation leave taken at or away from the post of assignment will not interrupt the continuity of the assignment or require a discontinuance of such post differential payments, provided such leave is not taken within the United States or the territories of the United States. Post differential will not be payable while the employee is away from his/her post of assignment for purposes of home leave. Short-term employees shall be entitled to post differential beginning with the forty-third (43rd) day at post. (b) Living quarters allowance. Living quarters allowance is an allowance granted to reimburse an employee for substantially all of his/her cost for either temporary or residence quarters whenever Government-owned or Government-rented quarters are not provided to him/her at his/her post without charge. Such costs are those incurred for temporary lodging (temporary quarters subsistence allowance) or one unit of residence quarters (living quarters allowance) and include rent, plus any costs not included therein for heat, light, fuel, gas, electricity and water. The temporary quarters subsistence allowance and the living quarters allowance are never both payable to an employee for the same period of time. The Contractor will be reimbursed for payments made to employees for a living quarters allowance for rent and utilities if such facilities are not supplied. Such allowance shall not exceed the amount paid USAID employees of equivalent rank in the Cooperating Country, in accordance with either the Standardized Regulations (Government Civilians, Foreign Areas), Chapter 130, as from time to time amended, or other rates approved by the Mission Director. Subject to the written approval of the Mission Director, short-term employees may be paid per diem (in lieu of living quarters allowance) at rates prescribed by the Federal Travel Regulations, as from time to time amended, during the time such short-term employees spend at posts of duty in the Cooperating Country under this contract. In authorizing such per diem rates, the Mission Director shall consider the particular circumstances involved with respect to each such short-term employee including the extent to which meals and/or lodging may be made available without charge or at nominal cost by an agency of the United States Government or of the Cooperating Government, and similar factors. (c) Temporary quarters subsistence allowance. Temporary quarters subsistence allowance is a quarters allowance granted to an employee for the reasonable cost of temporary quarters incurred by the employee and his family for a period not in excess of (i) 90 days after first arrival at a new post in a foreign area or a period ending with the occupation of residence (permanent) quarters, if earlier, and (ii) 30 days immediately preceding final departure from the post subsequent to the necessary vacating of residence quarters, unless an extension is authorized in writing by the Mission Director. The Contractor will be reimbursed for payments made to employees and authorized dependents for temporary quarters subsistence allowance, in lieu of living quarters allowance, not to exceed the amount set forth in the Standardized Regulations (Government Civilians, Foreign Areas), Chapter 120, as from time to time amended. (d) Post allowance. Post allowance is a cost-of-living allowance granted to an employee officially stationed at a post where the cost of living, exclusive of quarters cost, is substantially higher than in Washington, D.C. The Contractor will be reimbursed for payments made to employees for post allowance not to exceed those paid USAID employees in the Cooperating Country, in accordance with the Standardized Regulations (Government Civilians, Foreign Areas), Chapter 220, as from time to time amended.


(e) Supplemental post allowance. Supplemental post allowance is a form of post allowance granted to an employee at his/her post when it is determined that assistance is necessary to defray extraordinary subsistence costs. The Contractor will be reimbursed for payments made to employees for supplemental post allowance not to exceed the amount set forth in the Standardized Regulations (Government Civilians, Foreign Areas), Chapter 230, as from time to time amended. (f) Educational allowance. Educational allowance is an allowance to assist an employee in meeting the extraordinary and necessary expenses, not otherwise compensated for, incurred by reason of his/her service in a foreign area in providing adequate elementary and secondary education for his/her children. The Contractor will be reimbursed for payments made to regular employees for educational allowances for their dependent children in amounts not to exceed those set forth in the Standardized Regulations (Government Civilians, Foreign Areas), Chapter 270, as from time to time amended.(See Standardized Regulation 270) (g) Educational travel. Educational travel is travel to and from a school in the United States for secondary education (in lieu of an educational allowance) and for college education. The Contractor will be reimbursed for payments made to regular employees for educational travel for their dependent children provided such payment does not exceed that which would be payable in accordance with the Standardized Regulations (Government Civilians, Foreign Areas), Chapter 280, as from time to time amended. (See Standardized Regulation 280) Educational travel shall not be authorized for regular employees whose assignment is less than two years. (h) Separate maintenance allowance. Separate maintenance allowance is an allowance to assist an employee who is compelled, by reason of dangerous, notably unhealthful, or excessively adverse living conditions at his/her post of assignment in a foreign area, or for the convenience of the Government, to meet the additional expense of maintaining his/her dependents elsewhere than at such post. The Contractor will be reimbursed for payments made to regular employees for a separate maintenance allowance not to exceed that made to USAID employees in accordance with the Standardized Regulations (Government Civilians, Foreign Areas), Chapter 260, as from time to time amended. (See Standardized Regulation 260) (i) Payments during evacuation. The Standardized Regulations (Government Civilians, Foreign Areas) provide the authority for efficient, orderly, and equitable procedure for the payment of compensation, post differential and allowances in the event of an emergency evacuation of employees or their dependents, or both, from duty stations for military or other reasons or because of imminent danger to their lives. If evacuation has been authorized by the Mission Director the Contractor will be reimbursed for payments made to employees and authorized dependents evacuated from their post of assignment in accordance with the Standardized Regulations (Government Civilians, Foreign Areas), Chapter 600, and the Federal Travel Regulations, as from time to time amended. (See Standardized Regulation 600) (j) Danger pay allowance. (1) The contractor will be reimbursed for payments made to its employees for danger pay not to exceed that paid USAID employees in the cooperating country, in accordance with the Standardized Regulations (Government Civilians, Foreign Areas), Chapter 650, as from time to time amended. (See Standardized Regulation 650) (2) Danger pay is an allowance that provides additional compensation above basic compensation to an employee in a foreign area where civil insurrection, civil war, terrorism or


wartime conditions threaten physical harm or imminent danger to the health or well-being of the employee. The danger pay allowance is in lieu of that part of the post differential which is attributable to political violence. Consequently, the post differential may be reduced while danger pay is in effect to avoid dual crediting for political violence.

END OF SECTION I

SECTION J – ATTACHMENTS

J.1 Technical Proposal as submitted by DAI on May 29, 2008 is herby incorporated by reference. J.2 –Cost Proposal and Budget submitted by DAI on May 29, 2008 is herby incorporated by reference.


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