Request for Proposal 7200AA24R00015 - ACCELERATE Activity - FINAL Revised Amendment 1.pdf

RFP Issuance Date February 12, 2024

Questions Submission Due Date February 19, 2024, 4:00PM EST

Phase One Proposal Submission Due Date March 14, 4:00PM EST

Questions Submission Due Date for PHASE TWO (For Offerors Participating in Phase Two)

7 calendar days1 AFTER USAID’s notice to Offerors to submit Phase Two Proposals, 5:00PM EST

Past Performance Information Submission

(For Offerors Participating in Phase Two)

15 calendar day2 AFTER USAID’s notice to Offerors to submit Phase Two Proposals, 5:00PM EST

Phase Two Proposal Submission Due Date 30 calendar days3 AFTER USAID’s notice to Offerors to submit Phase Two Proposals, 5:00PM EST

Anticipated Award Date August/September 2024

Subject: Request for Proposal (RFP) Solicitation No.: 7200AA24R00015 Advancing Commerce, Connectivity, and Exports Leading to Economic Readiness for Accession to the EU “ACCELERATE” Activity

Dear Prospective Offerors:

The United States Government represented by the U.S. Agency for International Development is seeking proposals from qualified organizations interested in providing the services as described in this solicitation.

USAID invites all interested and responsible organizations to submit offers in accordance with the requirements of this solicitation.

USAID anticipates awarding a cost-plus-fixed-fee, completion-type contract for a five (5) year period of performance, inclusive of two (2) twelve-month base periods and three (3) twelve-month option periods.

1 Not counting the day USAID informs Offerors to proceed to Phase Two 2 Not counting the day USAID informs Offerors to proceed to Phase Two 3 Not counting the day USAID informs Offerors to proceed to Phase Two

Request for Proposal (RFP) No.: 7200AA24R00015 ACCELERATE Activity

USAID/E&E Bureau

USAID anticipates that the total estimated cost will be approximately $80 Million, which includes $30 Million core funding and $50 Million bilateral or regional buy-ins.

The North American Industry Classification System (NAICS) code for this solicitation is 541611.

The procurement will be conducted through full and open competition, under which any type of organization (large or small commercial [for profit] firms, educational institutions, and nonprofit organizations) is eligible to compete. The procedures set forth in the Federal Acquisition Regulation (FAR) Part 15 apply.

The Government intends to conduct the evaluation and selection process in two phases. This is a voluntary down-select process as described in the solicitation. All Offeror’s responding to Phase One are eligible to continue to Phase Two although Offeror’s will be advised after evaluation of Phase One proposals on whether they are considered viable and encouraged to continue. Please refer to Section L for detailed information regarding the Offeror's submission of proposals in Phase One and Phase Two.

Failure to comply with the submission dates and times indicated above may result in a submission being deemed late, as such it will not be reviewed or evaluated. Faxed proposals are not acceptable, nor will they be reviewed or evaluated. Section M states the factors and criteria by which proposals will be evaluated for both Phase One and Phase Two.

Please note, the Government intends to evaluate proposals and award a contract without discussions with Offerors (except clarifications as described in FAR 15.306(a)). However, if the Contracting Officer deems discussions necessary, then discussions will be held with Offerors in the competitive range.

The proposals must be prepared in accordance with instructions included in Section L and will be evaluated based on the evaluation factors and criteria contained in Section M of this RFP.

If changes are made to the submission closing date and time, as well as other aspects of the RFP, this solicitation will be amended. Amendments will be issued and posted on https://sam.gov/content/home.

Offerors are encouraged to monitor this website periodically for such postings. All questions and requests for clarification must be submitted electronically no later than the deadline noted above to vhollosy@usaid.gov and aworkneh@usaid.gov.

Issuance of this solicitation does not constitute an award commitment on the part of the U.S. Government, nor does it commit the U.S. Government to pay for any costs incurred in the preparation or submission of a proposal. Furthermore, the U.S. Government reserves the right to reject any offer, if such action is in the best interest of the U.S. Government.

Thank you for your interest in USAID Activities.

Sincerely, Viktoria Stott Hollosy Contracting Officer M/OAA/OD/Foreign Operations https://sam.gov/content/home mailto:ACCELERATE@usaid.gov mailto:ACCELERATE@usaid.gov mailto:vhollosy@usaid.gov mailto:aworkneh@usaid.gov

7200AA24R00015

SOLICITATION, OFFER AND AWARD

4. TYPE OF SOLICITATION2. CONTRACT NUMBER 3. SOLICITATION NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)

ORDER UNDER DPAS (15 CFR 700)

6. REQUISITION/PURCHASE NUMBER

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

NEGOTIATED (RFP)

SEALED BID (IFB)

5. DATE ISSUED

1. THIS CONTRACT IS A RATED RATING PAGE OF PAGES

3 101

C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

10. FOR

INFORMATION

CALL:

CAUTION: LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

(Date)(Hour) local timeuntildepository located in copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the

SOLICITATION

9. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTRS., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

I

J

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICES/COSTS

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

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G

F

E

D

C

B

A

SEC. DESCRIPTION PAGE(S) (X) DESCRIPTION SEC. (X)

11. TABLE OF CONTENTS

18. OFFER DATE17. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

15C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

15B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE

FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER15A. NAME

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

14. ACKNOWLEDGEMENT OF AMENDMENTS

CALENDAR DAYS (%)30 CALENDAR DAYS (%)20 CALENDAR DAYS (%)10 CALENDAR DAYS (%)

(See Section I, Clause No. 52.232.8)

13. DISCOUNT FOR PROMPT PAYMENT

designated point(s), within the time specified in the schedule.

by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

28. AWARD DATE

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

CODE 24. ADMINISTERED BY (If other than Item 7)

ITEM

(4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

41 U.S.C. 253 (c) ( 10 U.S.C. 2304 (c) (

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

21. ACCOUNTING AND APPROPRIATION20. AMOUNT19. ACCEPTED AS TO ITEMS NUMBERED

AWARD (To be completed by government)

CODE

02/12/2024 X

7200AA

USAID M/OAA

Office of Acquisition & Assistance 1300 Pennsylvania Avenue, NW, UA Washington DC 20523-1000

Abdissa Workneh 202 aworkneh@usaid.gov

916-2745

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PAGE(S)

Viktoria Stott Hollosy

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

12. In compliance with the above, the undersigned agrees, if this offer is accepted within _____120_________ calendar days (60 calendar days unless a different period is inserted

See Cover Page

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PURPOSE

The purpose of this Contract is to provide services to implement the Advancing Commerce, Connectivity, and Exports Leading to Economic Readiness for Accession to the EU “ACCELERATE” Activity, as described in Section C “Performance Work Statement (PWS)”.

B.2 CONTRACT TYPE

This is a cost-plus-fixed fee (CPFF) completion-type, cost reimbursement contract. For consideration set forth in the Contract, the Contractor shall provide the deliverables or outcomes as described in the PWS and comply with all Contract requirements.

B.3 ESTIMATED COST, FIXED FEE, AND OBLIGATED AMOUNT

(a) The estimated cost for the performance of work required hereunder, exclusive of fixed fee, if any, is $TBD. The fixed fee, if any, is $TBD. The estimated cost-plus fixed fee, if any, is $TBD. Cost must be limited to reasonable, allocable, and allowable costs determined in accordance with Federal Acquisition Regulation (FAR) 52.216-7.

(b) Within the estimated cost-plus fixed fee (if any) specified in paragraph (a) above, the amount currently obligated and available for reimbursement of allowable costs incurred by the Contractor (and payment of fee, if any) for performance hereunder is $TBD at time of award.

The Contractor must not exceed the aforesaid obligated amount.

(c) Funds obligated are anticipated to be sufficient for the period of performance from the effective date of the contract through [TBD]. The Contractor shall not exceed the aforesaid obligated amount unless authorized by the Contracting Officer pursuant to the clause of this contract entitled “Limitation of Funds” (FAR 52.232- 22). Funding for this contract will be on an incremental funding basis, subject to the availability of funds.

B.4 BUDGET

B.4.1 Base Period (Contract Year 1 and 2)

CLIN Description Amount

0001 Core Component Total Estimated Cost (exclusive of GuC and Fixed Fee) TBD

0002 Core Component Fixed Fee (including Fixed Fee on GuC) TBD

0003 Buy-In Component Total Estimated Cost (exclusive of GuC and Fixed Fee) TBD

0004 Buy-In Component Fixed Fee (including Fixed Fee on GuC) TBD

0005 Grants under Contract (funded both from Core and Buy-In) TBD

B.4.2 Option Period 1 (Contract Year 3)

1001 Core Component Total Estimated Cost (exclusive of GuC and Fixed Fee) TBD

1002 Core Component Fixed Fee (including Fixed Fee on GuC) TBD

1003 Buy-In Component Total Estimated Cost (exclusive of GuC and Fixed Fee) TBD

1004 Buy-In Component Fixed Fee (including Fixed Fee on GuC) TBD

1005 Grants under Contract (funded both from Core and Buy-In) TBD

B.4.3 Option Period 2 (Contract Year 4)

2001 Core Component Total Estimated Cost (exclusive of GuC and Fixed Fee) TBD

2002 Core Component Fixed Fee (including Fixed Fee on GuC) TBD

2003 Buy-In Component Total Estimated Cost (exclusive of GuC and Fixed Fee) TBD

2004 Buy-In Component Fixed Fee (including Fixed Fee on GuC) TBD

2005 Grants under Contract (funded both from Core and Buy-In) TBD

B.4.4 Option Period 3 (Contract Year 5)

3001 Core Component Total Estimated Cost (exclusive of GuC and Fixed Fee) TBD

3002 Core Component Fixed Fee (including Fixed Fee on GuC) TBD

3003 Buy-In Component Total Estimated Cost (exclusive of GuC and Fixed Fee) TBD

3004 Buy-In Component Fixed Fee (including Fixed Fee on GuC) TBD

3005 Grants under Contract (funded both from Core and Buy-In) TBD

Notes:

(a) The inclusion of any costs in the above budget does not obviate the requirement for prior approval by the Contracting Officer of cost items designated as requiring prior approval by any of the terms and conditions of this contract, including the applicable cost principles (see FAR § 52.216-7, “Allowable Cost and Payment”); nor, does it constitute a determination of allowability by the Contracting Officer of any item of cost, unless specifically stated elsewhere in this contract.

(b) The Contractor must not adjust the above line items without a written modification signed by the Contracting Officer.

(c) The Contractor must not bill any amounts against this Contract in excess of the amounts specified for each line item without the Contracting Officer’s prior authorization.

(d) The Contractor agrees to furnish data that the Contracting Officer may request on costs expended or accrued under this contract.

B.5 INDIRECT COSTS

(a) Pending establishment of revised provisional or final indirect cost rates, USAID will reimburse allowable indirect costs on the basis of the following negotiated provisional or predetermined rates and the appropriate bases:

Description

Rate Base Type Period

TBD % 1/ 1/ 1/

1/Base of Application:

Type of Rate:

Period:

B.6 REIMBURSABLE COSTS

USAID will only reimburse the Contractor for allowable costs in accordance with FAR § 52.216- 7, “Allowable Cost and Payment,” FAR § 52.216-8, “Fixed Fee,” FAR § 52.232-20, “Limitation of Cost,” and FAR § 52-232-22, “Limitation of Funds,” if applicable, and AIDAR 752.7003, “Documentation for Payment.”

B.7 PAYMENT OF FIXED FEE

Pursuant to FAR 16.306(d) “Cost-Plus-Fixed-Fee Contracts”, 70% of the payment of the fixed fee under this contract is tied to the completion of the performance objectives/deliverables/outcomes described in Section C and Section F.9 of this contract and in accordance with the approved Fixed Fee Schedule below.

The Fixed Fee Schedule below will be updated with each buy-in, throughout the period of performance, to reflect both Core and Buy-In Components and associated Performance Objectives/Deliverables and Outcomes and the payment of fee tied to those Performance Objectives/Deliverables and Outcomes. The Contractor will be responsible for submitting an updated Fixed Fee Schedule for all buy-ins under this award, for the CO and COR’s approval.

[Table to be completed by the Offeror and incorporated into the award in accordance with instructions in Section L.12]:

Performance Objective/Deliverable/

Outcome

Achievement Threshold

% of Fee Fee ($)

TBD TBD TBD TBD

TBD TBD TBD TBD

TBD TBD TBD TBD

Upon successful completion of a performance objective/deliverable/outcome, the Contractor must provide evidence of its achievement to the Contracting Officer’s Representative (COR) and the Contracting Officer (CO). Upon COR receipt and written acceptance, the Contractor must submit an invoice for the associated fee including evidence of completion of the deliverables for which fee is claimed.

The fixed fee schedule may be adjusted during annual work planning to reprogram any unpaid fees from partially completed or non-accepted objectives/deliverables/outcomes from the past year into other or additional objectives/deliverables/outcomes as mutually agreed to between the COR and the contractor, ensuring the fee remains fixed. Reprogramming any unpaid fees will only be considered by USAID when partial completion and/or non-acceptance of the objectives/deliverables/outcomes was due to reasons beyond the manageable control of the Contractor.

Payment of the remaining 30% of the fixed fee, subject to the terms stated in FAR 52.216‐8, may be made upon receipt of a proper invoice. Subject to FAR 52.216‐8, Fixed Fee, payment of fixed fee shall be allocated based upon the proportion of the invoiced amount in the period covered by the invoice to the total estimated cost of the periods of the contract not including fixed fee.

In the event of discontinuance of the work in accordance with the clause of the contract entitled “Termination (Cost Reimbursement)” (FAR 52.249-6), the fee must be re-determined by mutual agreement equitably to reflect the reduction in the work performed. The amount by which such fee is less than, or exceeds, payments previously made on account of the fee must be paid to, or repaid by the Contractor, as applicable.

[END OF SECTION B]

SECTION C – PERFORMANCE WORK STATEMENT

Refer to Section J.1 for the Statement of Objectives (SOO) for this RFP. The selected Contractor’s Performance Work Statement (PWS) will be incorporated in the Contract at the time of award, as Section C.

[END OF SECTION C]

SECTION D – BRANDING AND MARKING

D.1 AIDAR 752.7009 MARKING (JANUARY 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. Generally, marking is not required for raw materials shipped in bulk (such as coal, grain, etc.), or for semi-finished products which are not packaged.

(b) Specific guidance on marking requirements should be obtained prior to procurement of commodities to be shipped, and as early as possible for project construction sites and other project locations. This guidance will be provided through the cognizant technical officer indicated on the cover page of this contract, or by the Mission Director in the Cooperating Country to which commodities are being shipped, or in which the project site is located.

(c) Authority to waive marking requirements is vested with the Regional Assistant Administrators, and with Mission Directors.

(d) A copy of any specific marking instructions or waivers from marking requirements is to be sent to the Contracting Officer; the original should be retained by the Contractor.

D.2 BRANDING POLICY

Branding and Marking under this contract shall comply with the requirements outlined in USAID Automated Directives System (ADS) 320.3.2, Branding and Marking in USAID Direct Contracts and the USAID Graphic Standards Manual.

D.3 BRANDING STRATEGY

USAID Activity Name: Advancing Commerce, Connectivity, and Exports Leading to Economic Readiness for Accession to The EU (ACCELERATE).

Project number: TBD Requesting Office: Bureau for Europe and Eurasia, Technical Service Office, Economic Growth

(a) How the materials and communications will be positioned: Contractor will use full branding and the USAID tagline “From the American People” on materials and communications, which may be translated into local languages as appropriate. Co-branding / no branding will only be considered on a case-by-case basis as considered appropriate by the Contracting Officer’s Representative (COR) and Contracting Officer

(CO).

(b) Desired level of visibility: Accelerate has a desired high level of visibility within USAID. Raising the value and visibility of US foreign assistance will be a priority on all publications, public materials and documents, public communication, media releases, https://www.usaid.gov/ads/policy/300/320 https://www.usaid.gov/ads/policy/300/320 https://www.usaid.gov/branding/gsm press conferences, public events, training, conferences, or seminars sponsored by the USAID E&E Bureau.

(c) Any other organizations to be acknowledged: Project documents will not use the contractor’s logo but will acknowledge that the document was prepared for USAID’s Accelerate Activity by the selected Contractor.

Studies, reports, publications, websites, and all informational and promotional products not authored, reviewed, or edited by USAID must contain a provision substantially as follows:

This study/report/Website (specify) is made possible by the support of the American People through the United States Agency for International Development (USAID.) The contents of this (specify) are the sole responsibility of [Contractor’s Name] under the terms of Contract [Project Number] and do not necessarily reflect the views of USAID or the United States Government.

If USAID has reviewed or edited these products, a disclaimer is not necessary unless USAID requests to include it. This Branding Implementation Plan and Marking Plan (BIP/MP) documents how the Contractor will increase awareness of USAID’s assistance in Europe and Eurasia and the American people’s support for the Europe and Eurasia region. The BIP/MP aligns with USAID’s policy guidance for branding and marking contracts, as documented in Automated Directives System (ADS) Chapter 320, and the guidance in the USAID Graphic Standards Manual and Partner Co-Branding Guide. The Contractor acknowledges that this proposed BIP/MP is subject to change based on USAID/E&E/TSO/EG finalization of the Branding Strategy for this Activity and subsequent consultations with the USAID/E&E Contracting Officer’s Representative (COR), Contracting Officer (CO), and Development Outreach and Communications (DOC) Office.

There are no controls on the contractor’s release or use of data that the contractor, or any subcontractor, produces in performing the contract. The contract for this project will state that copyrights and rights to data shall be in accordance with the clause entitled, “Rights in Data – General” (FAR 52.227-14 (b)(2)).

D.4 BRANDING IMPLEMENTATION AND MARKING PLAN

The approved Branding Implementation and Marking Plan, dated TBD, is incorporated in this Contract as an Attachment.

D.5 EXCEPTIONS AND WAIVERS TO USAID BRANDING AND MARKING

REQUIREMENTS

USAID may consider programmatic exceptions to its requirements for branding and marking, as outlined in ADS 320.3.4.1. Exceptions are rare, programmatic in nature, and reflect the categories of foreign assistance USAID generally does not want marked. USAID may approve exceptions post-award when appropriate. Guidance for applying for exceptions can be found at USAID ADS 320, Branding and Marking. USAID will only grant waivers in rare circumstances, after considerable deliberation and analysis, and will be narrowly targeted in terms of geography, time, and programmatic application. Guidance for applying for waivers can be found at USAID ADS Chapter 320, Branding and Marking.

In accordance with ADS 320, only the Contracting Officer has the authority to inform the Contractor of USAID’s decision to approve an exception or grant a waiver to the branding and marking requirements. Only the CO has the authority to inform the Contractor to comply with such exceptions or waivers. Any branding and marking requirement waiver will be subject to review every six months.

D.6 GRANTS UNDER CONTRACTS

Grants under contracts, when authorized in accordance with ADS 302, “USAID Direct Contracting,” must be branded and marked like grants. The policy directives and required procedures for branding and marking of assistance awards in ADS Section 320.3.3 apply. The Contractor is responsible for including branding and marking requirements for these grants in its Branding Implementation Plan and Marking Plan, as part of its overall responsibility for managing grants under its contract.

[END OF SECTION D]

SECTION E – INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR 52.252-2 “CLAUSES INCORPORATED BY REFERENCE”. See https://www.acquisition.gov/browse/index/far for electronic access to the full text of a FAR clause.

NUMBER TITLE DATE

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

52.246-3 Inspection of Supplies-Cost-Reimbursement May 2001 52.246-5 Inspection of Services-Cost-Reimbursement Apr 1984

E.2 INSPECTION AND ACCEPTANCE

USAID inspection and acceptance of services, reports and other required deliverables or outputs shall take place at principal place of performance or at any other location where the services are performed and reports and deliverables or outputs are produced or submitted. Unless otherwise stated, the designated Contracting Officer's Representative (COR) has been delegated authority to inspect and accept all services, reports and required deliverables or outputs.

E.3 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

The progress, success, and impact of the Contractor’s performance under this contract will be monitored and evaluated as a part of the overall activity results. The QASP is the Government’s management tool designed to encourage maximum performance, efficiencies, and cost effectiveness by the Contractor and can be modified at any time by the Government. The QASP will be used as a government document to enforce the inspection and acceptance clauses of the contract and to monitor overall performance. This is intended to be a “living” document that will be reviewed and updated on an annual basis. It is based on the premise that the Contractor, not the Government, is responsible for managing and ensuring that quality controls meet the terms of the contract. The Government reserves the right to modify performance standards and/or metrics during the life of this contract, to ensure that the right outcomes are being assessed and that the performance standards are appropriate. The COR will use the QASP to measure how well the performance standards are being met, implemented, and updated. A variety of mechanisms may be used to monitor the progress/success of the activity and the Contractor’s performance:

a. Meetings during contract implementation

b. Monthly progress review meetings

c. Review of Contractor’s scheduled reports (See Section F.7) https://www.acquisition.gov/browse/index/far

d. Attending conferences, workshops, training, and other events in the field.

d. Feedback from stakeholders

e. Site visits by USAID personnel

f. Quarterly reviews of work plan with performance milestones

g. Periodic performance evaluations

[END OF SECTION E]

SECTION F – DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR 52.252-2 “CLAUSES INCORPORATED BY REFERENCE”. See http://acquisition.gov/far/index.html for electronic access to the full text of a FAR clause.

NUMBER TITLE

DATE

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

52.242-15 STOP-WORK ORDER AUG 1989

52.242-15 STOP-WORK ORDER ALTERNATE I APR 1984

F.2 PLACE OF PERFORMANCE

The place of performance under this contract will be in the E&E Region, as per Section C of the contract.

F.3 PERIOD OF PERFORMANCE

(a) The base period of performance for this contract is TBD. The option years period of performance is:

Option Year 1: TBD

Option Year 2: TBD

Option Year 3: TBD

[Note to Offerors: Paragraph (b) below will be added to the award if it is based on the Modified Foreign Assistance waiver.]

(b) This paragraph does not apply to a contractor that at the time of award represents at paragraph (c)(2) of the provision at FAR 52.204–26 that it “does not” use covered telecommunications equipment or services.

The exercise of the option is conditional on:

(1) the Contractor’s submission of the representation at FAR 52.204-24 or 52.204-26 no later than March 31, 2028, indicating that the Contractor does not use covered equipment and services; or http://acquisition.gov/far/index.html

(2) availability and agency’s use of a new or other applicable waiver. In this case the period of the option could extend for the period of time authorized in the applicable waiver, not to exceed the option period specified in paragraph (a) of this section. (See Section H.1 FAR Part 4.21 Prohibition on Contracting for Certain Covered Telecommunications and Video Surveillance Services or Equipment (Section 889) (December 2021).

F.4 PERFORMANCE STANDARDS

Evaluation of the Contractor performance will be conducted by the designated Assessing Official (AO) in coordination and with input from the COR. The AO is the cognizant Contracting Officer for this award and will be completed in coordination with and with input from the COR. This evaluation of Contractor performance shall form the basis of the Contractor’s permanent performance record regarding this contract as required in FAR Part 42.15 and AIDAR 742.15.

The Contractor’s performance will be evaluated at minimum annually and at contract completion, utilizing the following factors:

a) Technical (Quality of products and services)

b) Cost Control

c) Schedule/Timeliness

d) Regulatory Compliance

e) Management or business relations

f) Small business contracting

g) Other (as applicable) (e.g., late or nonpayment to subcontractors, trafficking violations, tax delinquency, failure to report in accordance with contract terms and conditions, defective cost or pricing data, terminations, suspension, and debarments).

F.5 KEY PERSONNEL AND OTHER STAFF

The Contractor has the ultimate responsibility for managing this Activity and achieving the desired performance results. USAID anticipates that this Activity will be managed by a mix of long and short-term expatriate and local/regional staff, along with home office support staff and management. The Contractor must utilize appropriate and cost-effective staffing mix to achieve the objectives of this project. The Contractor will identify and develop local/regional talent and expertise in this sector or sectors in the region. The project office must be based in one of the USAID E&E presence countries (Albania, Bosnia, Kosovo, North Macedonia, Montenegro, Serbia, Azerbaijan, Armenia, Georgia, Ukraine, Moldova, and Belarus). Additionally, it is deemed necessary to have a presence in more countries than simply the site office to ensure that sub-regions have adequate coverage. This could possibly be done through arrangements with one or more local firms, NGOs, think tanks, associations, or a project team that may or may not be full-time staff.

The Contractor may have up to five Key Personnel positions. Key personnel must have the requisite skill set to implement the approach set forth in Section C, achieve sustainable results, coordinate multi-country efforts, and cooperate with a wide range of stakeholders as well as complement other USAID-and donor-funded programs. All key personnel must be full-time. The key personnel qualifications must be targeted to the individual roles and responsibilities designed by the Contractor.

The contractor may have up to five Key Personnel positions for the Activity, as follows:

Key Personnel #1 - As proposed.

● Minimum qualifications

Key Personnel # 2 – As proposed

● Minimum qualifications

Key Personnel # 3 – As proposed

● Minimum qualifications

Key Personnel # 4 – As proposed

● Minimum qualifications

Key Personnel # 5 – As proposed

● Minimum qualifications

The personnel specified above are essential to the work being performed hereunder. Prior to replacing any of the specified individuals, the Contractor must notify both the CO and the COR reasonably in advance and submit written justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the activity. No placement/replacement will be made by the Contractor without the written consent of the CO.

F.6 AUTHORIZED WORKDAY/ WEEK

A five-day work week is authorized. No overtime or premium pay is authorized under this contract. Contractor staff working in USAID Missions overseas must work on the Mission-approved schedule.

F.7 DELIVERY SCHEDULE

All reports and deliverables must be submitted to the CO and/or the COR by the due dates specified below.

Deliverable Due Date Due to

Draft AMELP (including QASP) Within thirty (30) days after award. COR

FINAL AMELP (including

QASP)

Within ninety (90) calendar days after award. An updated AMELP must be submitted within thirty

(30) calendar days after the beginning of each contract year.

COR

Annual Work Plan (AWP)

Year 1 Work Plan due forty-five (45) calendar days after Award. Must also include a Start-Up Work Plan. Subsequent Annual Work Plans to be submitted within thirty (30) calendar days before beginning of next contract year.

COR

Quarterly Progress Report Within fifteen (15) calendar days after the end of each contract year quarter. COR

Quarterly Financial Reports and Accruals

Within fifteen (15) calendar days after the end of each contract year quarter. COR

Annual Performance Report Within thirty (30) calendar days after the end of each contract year. COR

Grants Manual Within sixty (60) calendar days after the Award. CO and

COR

FINAL Branding Strategy and Marking Plan Within sixty (60) calendar days after the Award. CO and

COR

Government Property Reporting

Within thirty (30) calendar days after the end of each contract year. COR

Subcontract Reporting: ESRS (Large Business Only)

Within thirty (30) calendar days after the close of each calendar period as follows: (1) April 30th, for the period October 1st through March 31st;

and (2) October 30th for the period April 1st through September 30th. Each semi-annual SSR reflects cumulative contract subcontracting accomplishments from the inception of the contract through the relevant SSR reporting period.

CO

Final Program Report Within sixty (60) calendar days after completion of the contract. COR

Closeout Plan Not later than six (6) months before the end of the contract.

CO and

COR

F.8 REPORTING REQUIREMENTS

Required reports indicated above are further described below. The reporting cycle may be adjusted after an initial period so that the timing of issuance of periodic reports by the Contractor aligns to agency needs (e.g., aligns to each fiscal year). All reports and other deliverables must be in the English language, unless otherwise specified in the contract, WP, or AWP. The following are the required reporting requirements:

(i) Activity Monitoring, Evaluation and Learning Plan (AMELP) to include Quality Assurance Surveillance Plan (QASP): Within 30 days of contract award, a draft AMELP must be submitted to the COR for review and approval. Within 90 days of contract award, the Contractor will finalize the AMELP in conjunction with the QASP. The Contractor will work with USAID COR to finalize all indicators used to measure progress, monitoring methods, the frequency of measurement, and the method for working with USAID to resolve any issues that may arise. An updated AMELP must be submitted within thirty (30) calendar days after the beginning of each fiscal year. The Contractor may refer to these USAID resources on AMELP:

https://usaidlearninglab.org/resources/how-note-activity-monitoring-evaluation-and-learning-plan

Quality Assurance Surveillance Plan (QASP): The QASP will provide a systematic method to assess performance for the Contract. The QASP must include (a) what will be monitored; (b) how monitoring will take place; (c) who will conduct the monitoring; (d) how monitoring efforts and results will be documented. The QASP is one of the key implementation management documents that will be utilized by USAID to monitor and assess whether the performance standards under the contract have been met and expected results are being achieved.

(ii) Annual Work Plan (Including Start-Up): The Contractor must develop and submit Annual Work Plans (AWP) for the COR’s approval. The first annual Work Plan must cover start-up activities to launch the project during the first 45-days as well as implementation activities that will be accomplished during the first contract year. It must include a description of planned activities to be undertaken to facilitate start-up of the described requirements, anticipated delays/problems, steps to resolve anticipated delays/problems, and communication plans with USAID and Contractor staff. The implementation of the contract will be guided by, and based on, Annual Work Plans. Subsequent Work Plans must be submitted 30 days prior to the start of the next contract year. The Annual Work Plan must define in detail how the Contractor intends to organize its work to implement the tasks outlined in the Performance Work Statement (PWS) and achieve expected results within each of the tasks. The Annual Work Plan must be consistent with the Activity Monitoring, Evaluation and Learning Plan (AMELP) and the QASP. The format of the Start-up and all Annual Work Plans will be agreed upon between the Contractor and the COR.

The Contractor may propose revisions to the AWP as needed. Changes to AWP must be approved by the COR.

(iii) Quarterly Progress Report: Quarterly reports must at minimum provide the following information: (a) progress towards completion of activities of the Annual Implementation Plan,

(b) major achievements, (c) indicator results, (d) problems encountered/remedial actions, and (e) progress in implementing key cross cutting objectives, such as digitalization, Private Sector Engagement (PSE), and lessons learned that will feed into the Continuing Learning and https://usaidlearninglab.org/resources/how-note-activity-monitoring-evaluation-and-learning-plan

Adaptation (CLA) objective. The fourth fiscal quarter report will be a section of the Annual Performance Report. Maximum page count of 15 pages.

(iv) Annual Performance Report: This report should follow the same format as the Quarterly Report, but with additional focus on cumulative progress and problems towards achievement of results, outputs, performance indicator, or performance measures, indicators, and benchmarks tied to the Work Plans, the activity level AMELP, and CLA activities. Once accepted by the COR, the Contractor will upload the Annual Report to the USAID Development Experience Clearinghouse (DEC). This requirement to include a cumulative annual performance report does not relieve the Contractor of responsibility to promptly and timely report performance problems to USAID on an ongoing basis during the implementation. Maximum page count of 25 pages.

(v) Grants Manual: The Grants Manual is intended to provide guidance for grants to be administered under this contract and must include at a minimum the following content: (a) how grant opportunities will be announced; (b) process by which applications will be reviewed; (c) criteria for selecting awards; (d) types of grants that may be awarded; (e) methodology for monitoring awards; and (f) how cost share requirements will be determined and measured. The manual is due no later than sixty (60) calendar days after contract effective date.

(vi) FINAL Branding Strategy and Marking Plan: The Contractor will be required to follow guidance in Branding and Marking (Section D) to develop a Final Branding Strategy and Marking Plan within sixty (60) calendar days after Award. The Branding Strategy and Marking Plan must describe how the program will be communicated to the beneficiaries. It must outline the events and materials the Contractor will use to deliver the message that the assistance is from the American People.

(vii) Government Property—USAID Reporting Requirements

The Contractor must comply with AIDAR 752.245-70 “Government Property—USAID Reporting Requirements (Oct 2017)”, which provides in full:

(a) (1) The term Government-furnished property, wherever it appears in the following clause, shall mean (i) non-expendable personal property owned by or leased to the U.S. Government and furnished to the contractor, and (ii) personal property furnished either prior to or during the performance of this contract by any U.S. Government accountable officer to the contractor for use in connection with performance of this contract and identified by such officer as accountable. All mobile Information Technology (IT) equipment, including but not limited to, mobile phones (e.g., smartphones), laptops, tablets, and encrypted devices provided as government furnished property, title to which vests in the U.S. Government, are considered accountable personal property.

(2) The term Government property, wherever it appears in the following clause, shall mean Government-furnished property, Contractor acquired mobile IT equipment and non-expendable personal property title to which vests in the U.S. Government under this contract.

(3) Non-expendable personal property, for purposes of this contract, is defined as personal property that is complete, does not lose its identity or become a component part of another article when put into use; is durable, with an expected service life of two years or more; and that has a unit cost of more than $500. (b) Reporting Requirement: to be inserted following the text of the (48 CFR) FAR clause.

Reporting Requirements: The contractor will submit an annual report on all non-expendable property in a form and manner acceptable to USAID substantially as follows:

ANNUAL REPORT OF GOVERNMENT PROPERTY IN CONTRACTOR'S CUSTODY

[Name of Contractor as of (end of contract year), 20XX]

Motor Vehicles Furniture & Furnishings Other Non-Expendable Property

Office Living Quarters

A. Value of Property as of Last Report

B. Transactions during this reporting period

1. Acquisitions (add):

a. Contractor Acquired Property

b. Government Furnished

c. Transferred from others, without reimbursement

2. Disposals (deduct):

a. Returned to USAID

b. Transferred to USAID – Contractor Purchased

c. Transferred to other Government Agencies

d. Other Disposals

C. Value of property as of reporting date

D. Estimated Average Age of Contractor Held Property

Years Years Years Years

Property Inventory Verifications

I attest that (1) physical inventories of Government property are taken not less frequently than annually; (2) the accountability records maintained for Government property in our possession are in agreement with such inventories; and (3) the total of the detailed accountability records maintained agrees with the property value shown opposite line C above, and the estimated average age of each category of property is as cited opposite line D above.

Authorized Signature

Name

Title

Date

(End of Government Property Reporting clause)

(viii) Subcontracting Reporting (Large Business Only)

The Contractor’s subcontracting plan dated ________ is hereby incorporated as a material part of this Contract. The Contractor must comply with the subcontract reporting requirements in FAR 52.219-9.

Large business prime Contractors must submit periodic reports which show compliance with their subcontracting plan. The Contractor must submit its report via the electronic Subcontracting Reporting System (eSRS) in accordance with the instructions on the website.

The work of the small business(es) identified in the subcontracting plan must be tracked against the Prime’s proposed goals.

The Contractor must submit the subcontracting report electronically via the eSRS within the deadlines specified in the above table.

One (1) SSR is required at the contract level for all subcontract awards accomplished and submitted to the Contracting Officer via eSRS for review and acceptance. When failure to meet the goals of the small business subcontracting plan, the Contractor must state in the report (either through the remarks field or separate letter) what good faith effort has been made to meet the goals, and/or future plan on how to improve small business opportunities for future subcontracts.

(ix) Final Program Report: The Contractor will submit a final report summarizing the project activities, indicators, results, and lessons learned to the COR for review and clearance. This report, once accepted by the COR, must be submitted to the DEC.

(x) Closeout Plan: Not later than six (6) months before the end of the contract, the Contractor must submit a Closeout Plan to the COR. The Closeout Plan must include at a minimum, an illustrative Property Disposition Plan; a plan for the phase out of in-country operations; a delivery schedule for all reports and other deliverables required under the contract; and a timeline for completing all required actions in the Closeout Plan to the cognizant Contracting Officer. Both the illustrative and final Property Disposition Plans must address all requirements under U.S. law for the transfer of property and must include the inventory schedule required by FAR 52.245-1, a plan for the disposition of property to eligible parties and a timeline for disposition of such property. The Closeout Plan must be approved in writing by the Contracting Officer.

(xi) Research and Technical Reports: In addition to copies of all technical and research reports, policy recommendations, comparative studies, etc., the Contractor will also submit trip reports of all short-term consultancies to the COR.

(xii) Geographic Data: The Contractor must submit activity location data and maps which indicate the geographic extent and relevant data of activity implementation. Activity geographic data will be submitted as part of quarterly reports in a data format agreed upon with the COR.

F.9 ACTIVITY OUTCOMES AND RESULTS MATRIX

The Contractor must achieve, at a minimum, the following activity outcomes, and results under the Core Component for the four objectives of the Performance Work Statement. Based on Activity buy-ins, throughout the period of performance, Section F.9 will be updated with each buy-in to adjust minimum expected outcomes and results, totaling core, and buy-in components.

The Contractor will be responsible for submitting an updated Activity Outcomes and Results Matrix for all buy-ins under this award, for the CO and COR’s approval. The updated Matrix will be included in the bilateral modification that executes the buy-in action.

[Table to be completed by the Offeror and incorporated into the award in accordance with Section L.11.1]:

Minimum Expected Outcomes and Results

Minimum Indicators Minimum Expected Outcome/Result

Objective 1. Improved trade facilitation both within the E&E region and with the EU.

OBJ 1.1 — Decrease in average time to move goods across borders

Average time to move goods across four selected sub regional or between the region and the EU border crossings reduced by at least 30%

OBJ 1.2 — Decrease in average cost to move goods across borders

Average cost to move goods across four selected sub regional or between the region and the EU border crossings reduced by at least 30%

Objective 2. Increased access to finance by way of introducing regional alternative financial products and services.

OBJ 2.1 — Value of private capital mobilized for SMEs as a result of USG assistance

Value of private capital mobilized for SMEs should reach $150M over the life of the Activity.

OBJ 2.2 — Increase in SMEs who have received financing as a result of USG assistance

Increase in SMEs who have received financing should reach 1,500 SMEs over the life of the Activity.

OBJ 2.3 — Increase in the number of new financial products or services used by SMEs

Increase in the number of new financial products or services for SMEs should reach a minimum of 10 over the life of the Activity.

Objective 3. Increased support to the public and private sectors to comply with EU requirements and standards.

OBJ 3.1 — Number of countries that have improved their Progress Status (Very Good Progress, Good Progress, Some Progress, Limited Progress, No Progress, Backsliding) for relevant EU acquis chapters for candidate and potential candidate countries

Three countries improve their Progress Status (Very Good Progress, Good Progress, Some Progress, Limited Progress, No Progress, Backsliding) in at least two EU Acquis Chapters.

OBJ 3.2 — Number of regulations collaboratively drafted with E&E countries that align with EU requirements

At least four regulations collaboratively drafted with E&E countries that align with EU requirements.

OBJ 3.3 - Increased compliance of the private sector with EU requirements and standards

Work through business associations to reach at least 500 firms to increase private sector compliance with EU regulations and standards.

Objective 4. Increased support to stakeholders to improve investment transparency so that investments have a greater development impact.

OBJ 4.1 - Increase in the number of laws, regulations, or policies that comply with EU standards in procurement particularly in Chapter 5

Ten new laws, regulations or policies adopted that comply with EU standards in public procurement, particularly aligned to Chapter 5 of the acquis

OBJ 4.2 - Number of improvements in eProcurement platforms

At least five improvements in eProcurement platforms

OBJ 4.3 - Number of improvements in the establishment or reporting of Ultimate Beneficial Ownership practices

At least five improvements in the establishment of or reporting functionalities in Ultimate Beneficial Ownership practices

[END OF SECTION F]

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 AIDAR 752.7003 DOCUMENTATION FOR PAYMENT (NOV 1998)

(a) Claims for reimbursement or payment under this contract must be submitted to the Paying Office indicated in the schedule of this contract. The Contracting Officer's Representative (COR) is the authorized representative of the Government to approve vouchers under this contract. The Contractor must submit either paper or fax versions of the SF-1034—Public Voucher for Purchases and Services Other Than Personal. Each voucher shall be identified by the appropriate USAID contract number, in the amount of dollar expenditures made during the period covered.

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

Total Expenditures

[Document Number: XXX-X-XX-XXXX-XX]

Line Item No. Description Amt. Vouchered to Date

Amt. Vouchered this Period

0001 Product/Service Desc. for Line Item 0001

$XXXX.XX $XXXX.XX

0002 Product/Service Desc. for Line Item 0002

$XXXX.XX $XXXX.XX

0003 Product/Service Desc. for Line Item 0003

$XXXX.XX $XXXX.XX

0004 Product/Service Desc. for Line Item 0004

$XXXX.XX $XXXX.XX

0005 Product/Service Desc. for Line Item 0005

$XXXX.XX $XXXX.XX

Total $XXXX.XX $XXXX.XX

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

The undersigned hereby certifies to the best of my knowledge and belief that the fiscal report and any attachments have been prepared from the books and records of the Contractor in accordance with the terms of this contract and are correct: the sum claimed under this contract is proper and due, and all the costs of contract…