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11 Country of Pcrlorrrance.
AIN. & A,;st Services Yes [ J
12 C011tr11d (lnoorponwr.g FAR AIOAR
Contract Nc DFD-1-00-050025000 !I Order No: 3 I
.. :., - --
Woodmont Avenue, Suite 200 1300 Pennsylvanra Ave.
MiOAA/GROfLMA. Room 7 09-42
Bethesda. MD 20814 Washington, DC 20523-7900
DUNS 066781956
----- - ----i-----f
US Agency for International Development
1300 Pennsylvanra Ave. NW
LAC/Cuba. Room 5 08-025
Washington DC 20523
Same as Block 4a.
US Agency tor International Development
1300 Pennsylvania Ave. NW
MiCFOICMP/DC, Room 7 07-0988
Wsshtngton. DC 20523

..L------- ----.. -----
----------- ------------t-----1
08/131201 1
NMS 501 ORGID 11093
Commitment Doc Type PR ComnutiT'ent Nbr PRAAILAC-00501
BBF'I' 2008 EBFY 2009
Fund ES OP Untt CUBA
StrategiC Objecuve AI(.} Ol$1nbution 516W
Management: AD44 BGA: 516
SOC 4100201
10. The Un;ted State5 oi Amenca, represell'ted by the Officer signong thS Order. and the agree
that (althls Order is 1ssucd oul"'luanllo tile Contract spec1icd 10 Block 2 and (b) the ent;re Contract
between es hereto consiSts of thos Order and the spec.tied en BICid< 2 above

-- -
Agcn t
Contracting Officer
AUG 1 4 2008

AID 142061 (Rev'd)
Case 1:12-cv-01860-JEB Document 10-5 Filed 01/15/13 Page 1 of 41

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:
DUNS: 066781956
10. The United States of America, represented by the Contracting Officer signing this Order, and the Contractor agree
that: (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.
Agency for International Development
AID 1420-61 (Rev'd)

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
Case 1:12-cv-01860-JEB Document 10-5 Filed 01/15/13 Page 2 of 41



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 Cubas peaceful transition to a democratic society. To realize Cubas 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
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 USGs 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
Develop and, legal conditions and other circumstances permitting, activate plans for
launching a rapid-response programmatic platform that will meet USAIDs 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/Cubas 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

Case 1:12-cv-01860-JEB Document 10-5 Filed 01/15/13 Page 3 of 41

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.


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.


Case 1:12-cv-01860-JEB Document 10-5 Filed 01/15/13 Page 4 of 41


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




Cubas 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 Cubas civil society and hastening transition.

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

Apart from possible internal deliberations among current Cuban authorities as to whether any
new, progressive policies or programs might be adopted, Cubas 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 regions political orientation and development, as well as the tone of Cubas
relationships with its neighbors.

Political transition in Cuba could lead to several possible outcomes. The U.S. governments
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 regions 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 Cubas 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
Case 1:12-cv-01860-JEB Document 10-5 Filed 01/15/13 Page 6 of 41

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 Cubas
ambiguous, challenging programming environment to support Cubas 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 Cubas long-term stability and development.
The interplay of these factors partially determines Cubas 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 Cubas
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



Since 1996 USAID and State Departments Democracy, Human Rights and Labor (DRL)
Bureau (since 2006) have awarded approximately $80 million to support Cubas democratic
transition. Cuba program partners have used these resources to provide humanitarian
assistance, support human rights and Cubas independent civil society movement, and thwart
the governments 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.
Case 1:12-cv-01860-JEB Document 10-5 Filed 01/15/13 Page 7 of 41

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.
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
Rauls 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 islands 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.


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 Cubas democratic transition.

This program is part of a broader USAID strategy to hasten the transition to democracy in Cuba.
The programs 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.

USAIDs 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
USAIDs interests in Cuba, including seeking to attract other institutional and financial resources
to advance Cubas development challenges.

CDCPP will be implemented in two phases with four main components.

Phase I:

Component Imanaged 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 Cubas

Steps to Freedom Report, International Republican Institute, 2005.
Case 1:12-cv-01860-JEB Document 10-5 Filed 01/15/13 Page 8 of 41

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 USAIDs LAC Cuba staff with the ability to better
manage the existing Cuba program and, subject to the overall coordination and control
of USAIDs 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 islands 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

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.


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.

Case 1:12-cv-01860-JEB Document 10-5 Filed 01/15/13 Page 9 of 41

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

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 CDCPPs Components
I III of Phase I, to include the expansion of operations and program functions described below.

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

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

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.



The CDCPP program will support three Program Areas under USAID/Cubas 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
Case 1:12-cv-01860-JEB Document 10-5 Filed 01/15/13 Page 11 of 41

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

standardized reporting practices
. 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 USAIDs 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 Contractors 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 USAIDs 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 USAIDs Cuba programs 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

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 USAIDs 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/Cubas 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 USAIDs 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

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 USAIDs three program areas, with
associated elements and indicators, to meet USAID reporting requirements.
Case 1:12-cv-01860-JEB Document 10-5 Filed 01/15/13 Page 13 of 41

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
communitys 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 USAIDs response to the transition in Cuba.

Case 1:12-cv-01860-JEB Document 10-5 Filed 01/15/13 Page 14 of 41

Phase II: Quick Response Surge Capacity Priced Option

To support the Cuba Programs 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 Officers 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 USAIDs 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
Contractors 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
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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 programs life, as
conditions permit, the grant funds 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.

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.


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.

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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 Contractors ability to
successfully manage this program will largely be dependent upon appreciating such variables
and creating trustful, collaborative relations.


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 Cubas 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

Job Creation

Recent polls indicate that the majority of Cubas 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
Cubas 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.
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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 Contractors 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
Contractors proposed work plans and budgets demonstrate relatively high cost-effectiveness
ratio for implementing such a program.


The USAID/Cuba Program Objective and Areas, already cited, have been established and are
in conformity with the USGs 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 programs start
Activity tracking against work plan targets
Reporting of deliverables against work plan targets
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USAID program reporting data (to be defined by USAID/Cuba Program Office)
Standard Indicators/Program Area
Data Quality Assessments conducted by the Contractors activity managers every two
Consultant Database
Financial Plan and Expenditure Tracking


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
programs 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.


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 Contractors staff should be prepared to keep Cuban citizens
informed of notable activities and results and highlight the contribution of the American people
to Cubas 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.


The Contractor shall have the primary responsibility for ensuring that activities conducted under
this program contribute to USAIDs 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 USAIDs 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.

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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.


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 Contractors 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 Officers 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;

Case 1:12-cv-01860-JEB Document 10-5 Filed 01/15/13 Page 20 of 41

(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).


(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:
Case 1:12-cv-01860-JEB Document 10-5 Filed 01/15/13 Page 21 of 41

(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.


(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
Case 1:12-cv-01860-JEB Document 10-5 Filed 01/15/13 Page 22 of 41

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."


The Chief of Party must have a Secret security clearance. This requirement may be extended
to other personnel as the situation requires.


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.


The contractors 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).


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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.


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




Task order performance evaluation shall be performed in accordance with the basic ICRP IQC.

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(a) The estimated period of performance for this task order is August 14, 008 to August 13,

(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 TOCTOs 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).


A. Annual Work Plan

Developed in consultation with USAID, the Contractors 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, Cubas 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
Orders 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 USAIDs 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 USAIDs 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
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Page 25
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 orders Statement of
Work. Work plan activities shall not change the Task Orders 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 programs 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

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
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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
. 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

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 programs 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.

Reference: (http://f.state.gov/docs/plan/AnnexC_StandardizedProgramStructureandDefinitions.pdf) for
understanding program areas, elements, and associated indicators
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F. Annual Program Objective, Area and Element Results Report

To meet USAIDs 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 CTOs 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.
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(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 contractors Cost Proposal, Section J.2 Attachments is hereby incorporated by

(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 Officers approval to the final voucher submitted for payment.
Adjustments may only be within ceiling of the total workdays ordered.

(c) It is the contractors 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.


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.


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.


No overtime or premium pay is authorized under this Task Order.


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.
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(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




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.


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.


The CTO must accept and approve deliverables before payment may be made.

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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: EI@USAID.GOV.

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.




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.


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.
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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 Agencys 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. Treasurys Office of Foreign Assets Control (OFAC) and is available
online at OFACs 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 Committees 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 USAIDs 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.
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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: docsubmit@dec.cdie.or.


All deliverables shall be produced in English. Ability to hire local language expertise is required
when necessary for the completion of field support tasks.


(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
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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

(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


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.


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.


(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.


(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).

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(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

(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.

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(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:

(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
Departments 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.


(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.
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(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.


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.
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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.



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.


(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
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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.

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(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
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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.



J.1 Technical Proposal as submitted by DAI on May 29, 2008 is herby incorporated by

J.2 Cost Proposal and Budget submitted by DAI on May 29, 2008 is herby incorporated by

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