REVISED RFP_72012124R00015_RevGRO.pdf

REVISED VERSION OF THE RFP NO. 72012124R00015 DATED JULY 15, 2024

Issuance Date: June 17, 2024 Questions Due Date and Time: July 1, 2024, 16:00 Kyiv Local Time Closing Date and Time: August 2, 2024, 16:00 Kyiv Local Time

SUBJECT: Request for Proposal (RFP) No.: 72012124R00015, USAID Revenue and Expenditure Governance Reforms Operationalized (RevGRO) Activity

Dear Prospective Offerors:

The United States Government, represented by the U.S. Agency for International Development (USAID), is seeking proposals from qualified and eligible organizations to provide technical assistance and support to USAID/Ukraine’s Office of Democracy and Governance (ODG) to implement the USAID Revenue and Expenditure Governance Reforms Operationalized (RevGRO) Activity as fully described in the attached Request for Proposals (RFP).

USAID anticipates awarding one Cost Plus Fixed Fee (CPFF) completion type contract over a five-year period of performance, with a base of three years and two option years, depending on yearly performance, Government of Ukraine (GOU) political will for public financial management (PFM) reforms, and Contracting Officer approval. The estimated cost range for this contract is between $48 and $52 million. The United States Government is in no way obligated to make any award within the maximum estimated cost identified. Offerors should propose costs that are appropriate, realistic and reasonable, in accordance with the proposed approach for achieving results, and meet or exceed the required minimum results.

USAID invites all interested and responsible organizations to submit offers in accordance with the requirements of this solicitation. USAID will conduct this procurement through full and open competition under which any type of organization (including large or small commercial [for profit] firms, educational institutions or non-profit organizations) is eligible to compete. The procedures set forth in Federal Acquisition Regulation (FAR) Part 15 will govern the procurement. The competition will utilize a Highest Technical Rated with Fair and Reasonable Price and Realistic Cost (HTR) process, not a tradeoff process. In this process, USAID is concerned with getting the best technical solution that has a fair and reasonable price and realistic cost.

There will not be a tradeoff to justify paying a premium for a higher technical rated proposal.

The geographic code for this procurement is 935. The North American Industry Classification System (NAICS) code for this acquisition is 541990 (All Other Professional, Scientific, and Technical Services).

Offerors are encouraged to read the entire solicitation. Special attention must be paid to Section L - Instructions, Conditions, and Notices to Offerors or Respondents, and Section M - Evaluation Criteria. Any questions related to this RFP must be submitted in writing via email box at Kyivrcodg@usaid.gov by the time and date specified above. No questions will be accepted after the specified date. If questions are received, the responses to which affect the solicitation, or if any changes are made to the RFP, this solicitation will be amended.

mailto:Kyivrcodg@usaid.gov

This RFP and any amendments to this solicitation will be issued and published on https://SAM.gov. Offerors are encouraged to check this website periodically. USAID bears no responsibility for data errors resulting from transmission or conversion processes. Only electronic proposals will be accepted. Proposals must be sent to Kyivrcodg@usaid.gov by the due date and time specified above. No other forms of submission will be accepted. If the proposal is received after the closing date and time, or if it is incomplete, it will not be accepted or considered unless authorized by the Contracting Officer pursuant to FAR 15.208.

The Government reserves the right to award a contract without discussions based upon the evaluation of an Offeror's technical and cost proposal in accordance with this RFP. Therefore, an Offeror's initial technical and cost proposal should contain its best terms to meet requirements and the objectives of the Performance Work Statement.

The RFP does not obligate the United States Government to award a contract nor does it commit the Government to pay any cost incurred in preparing and submitting a proposal. In addition, the Government reserves the right to reject any and all offers, if such action is considered to be in the best interest of the Government. Award of a contract under this RFP is subject to the availability of funds and other approvals.

Thank you for your interest in USAID programs.

Sincerely, Jessica R. Faber Contracting Officer USAID/Ukraine https://sam.gov/ mailto:Kyivrcodg@usaid.gov

PART I – THE SCHEDULE

SECTION A - SF33 form was included in the Original Solicitation

Request for Proposal (RFP) No. 72012124R00015 RevGRO Activity

Contents:

PART I – THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES/PRICES 5

SECTION C – PERFORMANCE WORK STATEMENT (PWS) 8

SECTION D - PACKAGING AND MARKING 11

SECTION E - INSPECTION AND ACCEPTANCE 13

SECTION F - DELIVERIES OR PERFORMANCE 15

SECTION G - CONTRACT ADMINISTRATION DATA 38

SECTION H - SPECIAL CONTRACT REQUIREMENTS 43

PART II – CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES 64

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS 75

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS 76

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS 91

SECTION M - EVALUATION FACTORS FOR AWARD 108

ATTACHMENT J.1 - STATEMENT OF OBJECTIVES 113

ATTACHMENT J.2 – PAST PERFORMANCE MATRIX 122

ATTACHMENT J.3 -- BUDGET FORMAT TEMPLATE (REVISED) 123

ATTACHMENT J.4 – DEC REDACTED REPORTS USAID/UKRAINE SOERA ACTIVITY 124

ATTACHMENT J.5 - REQUEST FOR CATEGORICAL EXCLUSION (RCE) (2024-UKR-004) 125

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PURPOSE

The purpose of this contract is to acquire technical assistance and services as described in detail in Section C. for the implementation of the USAID Revenue and Expenditure Governance Reforms Operationalized (RevGRO) Activity in Ukraine.

B.2 CONTRACT TYPE

This is a cost plus fixed fee (CPFF) completion contract. For the consideration set forth in the contract, the Contractor must provide the results and deliverables described in Section C and Section F of this contract. The Contractor must also comply with all other contract requirements.

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

1. Base Period

a. The estimated cost for the performance of the work required hereunder, exclusive of fixed fee, if any, is __________ [ TBD ]. The fixed fee, if any, is _________ [ TBD ]. The estimated cost plus fixed fee, if any, is ___________ [ TBD ].

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

c. Funds obligated hereunder are anticipated to be sufficient through _________ [ TBD ].

2. Option(s) Period

a. The estimated cost for the performance of the work required hereunder, exclusive of fixed fee, if any, is __________ [ TBD ]. The fixed fee, if any, is _________ [ TBD ]. The estimated cost plus fixed fee, if any, is ___________ [ TBD ].

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

c. Funds obligated hereunder are anticipated to be sufficient through _________ [ TBD ].

B.4 CONTRACT LINE ITEMS

1. CLIN 0001 – Base Period (36-month, Year 1-3 of the contract):

Cost Category Amount

Total Estimated Cost* TBD Fixed Fee TBD CLIN 0001 Total Estimated Cost Plus Fixed-Fee: TBD

2. CLIN 0002 – Option One (Year 4 of the contract)

Fixed Fee TBD CLIN 0002 Total Estimated Cost Plus Fixed-Fee: TBD

3. CLIN 0003 – Option Two (Year 5 of the contract)

Fixed Fee TBD CLIN 0003 Total Estimated Cost Plus Fixed-Fee: TBD

TOTAL CLINs (Base and Options): TBD

*Offeror must set aside up to $4,000,000 of the total estimated cost to be designated for Grants Under Contract (GUCs) to local enterprises and organizations for development interventions. This amount is exclusively reserved for GUCs. This amount does not include any relevant management or administrative expenses incurred by the Contractor.

4. USAID/Ukraine will inform the Contractor about the intention of exercising the option on/around [DATE]. The Option Amounts are completed amounts. Adjustments within the total Option TEC Amounts could be possible via administrative modification that are within the term of the Contract as determined by the CO.

5. The inclusion of any costs in the above cost categories 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 § 52.216-07, “Allowable Cost and Payment”); nor does it constitute a determination of allowability by the Contracting Officer of any item of cost, unless specifically stated elsewhere in this contract. Also, these amounts may not be adjusted without a written modification signed by the Contracting Officer. The Contractor must not bill any amounts against this contract in excess of the amounts specified for each line item.

6. The Contractor agrees to furnish data that the Contracting Officer’s Representative (COR) may request on costs expended or accrued under this contract.

B.5 INDIRECT COSTS

1. Pending establishment of revised provisional or final indirect costs, USAID will reimburse allowable indirect costs on the basis of the following negotiated provisional or predetermined rates and the appropriate bases pursuant to the Contractor’s current executed Negotiated Indirect Cost Rate Agreement:

Description Rate Base Type Period

% 1/ 1/ 1/

1/Base of Application:

Type of Rate:

Period:

2. The Contractor will make no change in its established method of classifying or allocating indirect costs without the prior written approval of the Contracting Officer.

B.6 COST REIMBURSABLE

The U.S. dollar costs allowable will be limited to reasonable, allocable, and necessary costs determined 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.”

In addition, the requirements and conditions concerning estimated cost and funding apply as detailed in FAR § 52.232-22, Limitation of Funds, incorporated by reference in Section I of this contract.

B.7 PAYMENT OF FIXED FEE

Pursuant to FAR 16.306 (d) “Cost-Plus-Fixed-Fee Contracts”, payment of fixed fee under this contract will be tied to the completion of deliverables specified in Section F.8 of this contract and in accordance with the final approved Fee Schedule.

Upon successful achievement of the deliverable, the Contractor must provide evidence of its achievement to the COR and the Contracting Officer. Upon acceptance and approval by USAID, the Contractor must submit an invoice for the amount of the fee associated with the deliverable.

Further, payment of fixed fee, subject to FAR 52.216-8, will be made upon receipt of a proper invoice by the Office Financial Management (OFM) located in USAID/Ukraine.

[END OF SECTION B]

SECTION C – PERFORMANCE WORK STATEMENT

C.1 ACTIVITY TITLE

The title of this activity is USAID/Ukraine Revenue and Expenditure Governance Reforms Operationalized (RevGRO) Activity (“the Activity”).

C.2 PURPOSE

The principal purpose of the USAID Revenue and Expenditure Governance Reforms Operationalized activity [“RevGRO” or “Activity”] is to promote fiscal resilience, transparency, and accountability by enhancing state revenue generation and financial management in Ukraine.

C.3 PERFORMANCE WORK STATEMENT

[USAID will insert the Offeror’s Performance Work Statement (PWS) at the resulting award]

C.4 RELATION TO USAID'S STRATEGY

USAID/Ukraine's programs are guided by its seven-year Country Development Cooperation Strategy (CDCS) for the 2019-2026 period. This strategy reflects the U.S. Government's country development priorities to tackle corruption, mitigate the impacts of Russia's aggression, strengthen democracy, and improve Ukraine's economic prospects.

The RevGRO Activity will directly contribute to CDCS Development Objective (DO) 1: Corruption Reduced in Target Sectors and Development Objective (DO) 3: Democratic Governance Strengthened. In addition, the activity will support the U.S. Government Integrated Country Strategy for Ukraine, in particular MG 2: Win the Peace; MO 2.1:

Ukraine implements sustainable institutional reforms, with a focus on anti-corruption, transparent financial systems, and justice sector and specifically Objectives 1-3: Institutional reforms of SCS and STS; revenue generation policy and administration support; public expenditure control, audit, and civil oversight.

C.5 RELATION TO GOU PRIORITIES

The Activity’s objectives will be accomplished by providing support to the GOU with its ongoing reform efforts in public finance, in particular the implementation of its National Revenue Strategy, Strategy for Public Finance Management System Reform, Public Investment Management Roadmap and other aforementioned strategic documents. This support reflects commitments the GOU has made with respect to donors supporting public financial management reform and EU integration.

C.6 GENDER ANALYSIS

USAID/Ukraine Mission commissioned Gender Equality and Social Inclusion (GESI) Analysis in 2023 to inform the Country Development and Cooperation Strategy implementation and provide the Mission with an overview of the most significant gender equality and social inclusion issues affecting Ukraine at present as well as potential development challenges that may arise over the next several years for the specific sectors where USAID resources are likely to be concentrated. Bidders will integrate the findings and recommendations of the GESI Analysis Report into its gender action plan to target gender mainstreaming during the activity implementation. USAID/Ukraine Mission also commissioned a public financial management (PFM)-specific GESI Analysis in late 2023 to inform https://www.usaid.gov/ukraine/cdcs design of the RevGRO Activity. This can be accessed in the SOO Annex 1- “PFM GESI Analysis”. Key findings include:

Problem statement: Although the GoU has made strong commitments to gender responsive budgeting (GRB), its success is threatened by competing priorities, limited sex-disaggregated data for analysis purposes, lack of institutional capacity and buy-in, and lack of mandatory requirements for GRB.

Additionally, GESI integration into PFM seems to be only considered at the level of budget planning and is not consistently mainstreamed throughout the system.

GoU shows strong GESI commitment: Per the 2023 USAID/Ukraine GESI Analysis, “The GoU has made impressive commitments, both nationally and internationally, to Gender Equality and Women’s Empowerment (GEWE) principles. These commitments have continued since the full-scale invasion in February 2022 in part because of a renewed push for European integration and ‘western values’ in response to Russia’s war against Ukraine.” This motivation can be leveraged to integrate and institutionalize GESI across PFM functions and used to increase buy-in of key government stakeholders on GESI integration.

Key PFM stakeholders need improved buy-in and capacity to integrate GESI: As described above, the Public Expenditure and Financial Accountability (PEFA) 2019 Gender Responsive Public Financial Management (GRPFM) Assessment identified lack of buy-in and enthusiasm from entities other than the Ministry of Finance as a major challenge. Spending on key areas such as health, education, and social protection are high at the municipality level, so it is necessary to engage both national and local stakeholders. It is important to note that high-profile women in government and “outspoken advocates for gender equality, inclusion and anti-corruption" may face harassment, including technology-facilitated gender-based violence (GBV). It is therefore crucial to consider risk mitigation strategies as buy-in and capacity are improved.

NGEM not integrated into PFM: Integrating the National Gender Equality Machinery (NGEM), particularly the Government Commissioner for Gender Policy (Gender Commissioner), who reports to the Deputy Prime Minister for European and Euro-Atlantic Integration, into the PFM system presents an opportunity to simultaneously provide much needed GESI expertise, and to the support the Gender Commissioner’s Office to “gain institutionalization, legitimacy, and financing” (per the USAID/Ukraine GESI Analysis recommendations).

GRB has strong momentum but needs further support to succeed: GRB has had strong momentum over the past decade, but the last available assessment on its progress only covered until 2018, and still indicated many challenges in its implementation. Given the competing priorities of economic recovery Russia’s war on Ukraine (and difficulties these have created in collecting up-to-date sex-disaggregated data), and that GRB has been encouraged but not mandated, it may be that GRB is no longer seen as a priority. The GRB process should also be expanded to have an intersectional lens which considers the impact of investments on other marginalized peoples.

GESI & revenue mobilization: Consideration should be taken for how tax and customs policies and administration will impact and include women and marginalized populations, especially those who have been pushed into the informal sector and would seek to formalize their economic activities, or who operate micro businesses. It is important to understand the barriers women and marginalized populations face in registration and payment of taxes, and ensure the policies are not over-penalizing non-registration.

The 2019 PEFA GRPFM noted that the GoU does not analyze the impact of proposed new revenue policies on GEWE.

Digital solutions should be tailored: While digital platforms can increase transparency, increase access, and fight corruption, they also may not be equally accessible to everyone. Digital platforms need to be tailored to consider the differential needs of rural, elderly, and other marginalized groups who may have less access to the internet or digital literacy to navigate these systems.

Diverse public participation for transparency and oversight is needed: The 2023 USAID/Ukraine GESI Analysis found that local civil society organizations (CSOs) perceived a lack of transparency around resources, particularly humanitarian aid, and noted that rural and elderly populations and Roma people were “the most negatively impacted by the lack of transparent engagement with target communities.” It additionally found that the war has made it more difficult for groups representing marginalized populations to engage in the political process.

Lack of GESI integration into Public Investment Management: The Roadmap for Reforming Public Investment Management system makes no mention of gender or women. However, it presents a clear opportunity for GESI integration, as inclusiveness and accessibility are highlighted as priorities.

The Contractor may supplement this GESI analysis with their own for additional GESI considerations in their programmatic approach.

C.7 OTHER CROSS CUTTING ISSUES:

● Anti-corruption: The Contractor must integrate anti-corruption into its work across all activity’s components to the maximum extent possible and appropriate. The Contractor shall support efforts focusing on anti-corruption, transparency and disclosure, building trust and confidence for distribution of inputs, services and technical advisory.

● Environmental management and Climate Change: The Contractor must ensure compliance with all USAID and Government of Ukraine environmental policies and regulations. This is inclusive of all implementation partners such as sub-grantees. The contractor also must integrate efforts to strengthen the sector’s resilience to climate change and reduce climate emissions, in line with USAID’s climate strategy.1

● Accountability/Oversight: The activity will develop and implement a robust process for monitoring, accountability, and oversight. The process will inform adaptive management enabling the activity to respond to the dynamic operating environment. It will encompass procedures for transparent selection and verification of beneficiaries, procedures for transparent distribution of inputs and other types of assistance aiming to maximize the number of unique beneficiaries located across Ukraine, monitoring of inputs and other assistance being used by the recipients on time and in accordance with the purpose, and documenting each step in the process from selection of recipients to using of inputs and assistance.

C.8 GRANTS UNDER CONTRACT

The Contractor must implement, monitor, and evaluate Grants Under Contract (GUCs) to achieve activity targets.

The Contractor must make grants in accordance with Section H.10.

[END OF SECTION C]

1 https://www.usaid.gov/policy/climate-strategy https://www.usaid.gov/policy/climate-strategy

SECTION D - PACKAGING AND MARKING

D.1 AIDAR 752.7009 MARKING (JAN 1993)

(a) It is USAID policy that USAID-financed commodities and shipping containers, and project construction sites and other project locations be suitably marked with the USAID emblem. Shipping containers are also to be marked with the last five digits of the USAID financing document number. As a general rule, marking is not required for raw materials shipped in bulk (such as coal, grain, etc.), or for 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 office indicated on the cover page of this contract, or by the Mission Director in the Cooperating Country to which commodities are being shipped, or in which the project site is located.

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

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

D.2 BRANDING STRATEGY (BS)

Per ADS 320.3.2.1, the Branding Strategy for this Contract is as follows:

A. Program Name: The program will be known as the “USAID/Ukraine Revenue and Expenditure Governance

Reforms Operationalized (RevGRO) Activity.” The USAID Identity (logo and the message that the assistance is from the American people) and activity name must be used on all program reports, memoranda, printed materials and other program-related documents.

A. USAID Logo: The USAID logo must be posted at every static support position. The USAID logo must be used on all reports and printed materials produced under USAID RevGRO Activity. Contractor employee business cards will be marked so that any person reading the card can know this is a Contractor employee.

Contractor employee email and correspondence will be marked so that any person reading the document can know this is a Contractor employee. Where required, the USAID logo should be of equal or greater prominence than all other logos and symbols.

The 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 and no branding will only be considered in extraordinary circumstances as considered appropriate by the Contracting Officer’s Representative (COR) and Contracting Officer (CO). Such exceptions are subject to the approval requirements as outlined in ADS 320.

C. Desired level of visibility: Where required, the USAID Identity should be of equal or greater prominence than all other logos and symbols. The USAID identity must be prominently displayed in/on: commodities or equipment; infrastructure projects; printed, audio, visual or electronic public communications; studies, reports, publications, web sites, and promotional and informational products; and events.

D. Other organizations to be acknowledged: No other organizations are required to be acknowledged. However, the branding may acknowledge other organizations deemed as partners of an event or deliverable. The presence of any logo or symbol belonging to the Contractor must conform to the policy in ADS 320 and is subject to negotiation.

E. Branding Implementation Plan (BIP) and Marking Plan: Contractor is required to submit a Branding

Implementation Plan and Marking Plan prior to award.

F. Waivers: Waivers to contract marking requirements could be granted in compliance with ADS 320.3.2.6.

G. Exceptions: Exceptions to contract marking requirements could be granted per the criteria described in

ADS 320.3.2.5.

D.3 BRANDING AND MARKING POLICY AND CREATION AND DEVELOPMENT OF WEBSITE

This Activity should be branded and marked in accordance with ADS 320 requirements for USAID direct contracting. Agency policy requires that implementing partners provide a "Branding Implementing Strategy," indicating how they propose to name and promote the USAID-funded programs, and a "Marking Plan," detailing Activity materials that will showcase the USAID identity.

1. A well-defined Branding Implementing Strategy describes how the Activity is named and positioned;

how it is promoted and communicated to beneficiaries, and Ukrainian citizens; and how USAID will be identified and acknowledged.

2. A well-defined Marking Plan details the public communications, commodities, and Activity materials and other items that will visibly bear the USAID identity.

The Contractor should comply with the requirements of USAID “Graphic Standards Manual” available at:

www.usaid.gov/branding with the policies found at Automated Directives System (ADS) Chapter 320, or any successor branding policy.

Prior to creation and development of any website, the Contractor should receive the approval of the Agency's Website Governance Board (WGB). The WGB, which is a part of the Agency's Management Operations Council, will review and approve all requests for new external facing websites. To submit a request to redesign a site or create a new one, please follow the procedures described here: https://my.usaid.gov/LPA/website-governance-board/approval-procedures (access to this link and instructions will be provided by the COR post award).

D.4 BRANDING IMPLEMENTATION PLAN (BIP) AND MARKING Plan (MP)

The Approved Branding Implementation Plan (BIP) and Marking Plan (MP) submitted by TBD (to be incorporated at contract award) is attached to the award as ANNEX XX. The Contractor must follow the approved plan during implementation of this contract unless a waiver is requested and approved. Guidance applying for waivers can be found at USAID Automated Directive Supplement Chapter 320, Branding and Marking.

[END OF SECTION D]

http://www.usaid.gov/branding https://my.usaid.gov/LPA/website-governance-board/approval-procedures https://my.usaid.gov/LPA/website-governance-board/approval-procedures

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" in Section I of this contract. See FAR 52.252-2 for an internet address (http://acquisition.gov/far/index.html) for electronic access to the full text of a FAR.

NUMBER TITLE DATE

FEDERAL ACQUISITION REGULATION

(48 CFR Chapter 1)

52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS OCT 2016

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

(a) USAID inspection and acceptance of services, reports and other required deliverables or outputs shall take place at:

U.S. Agency for International Development USAID/Ukraine 4 Igor Sikorsky Street 04112 Kyiv, Ukraine

(b) USAID reserves the right to inspect and accept any services, reports, and other required deliverables or outputs where the services are performed and where reports and deliverables or outputs are produced or submitted. The contracting officer has delegated authority to inspect and accept all services, reports, and required deliverables or outputs to the Contracting Officer’s Representative (COR) listed in Section G below.

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 a management process with the intent of encouraging maximum performance, efficiency, and cost effectiveness by the contractor and can be modified at any time by the Government.

The QASP will be used as a Government monitoring process to enforce the inspection and acceptance clauses of the contract. The QASP may require modification and/or updates after selection for award to reflect the contractor’s known strengths and weaknesses. The QASP is a “living” monitoring process that should be discussed, reviewed and updated regularly but no less than 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, in order to ensure that the right outcomes are being assessed and that the performance standards are http://acquisition.gov/far/index.html appropriate. It is the Contractor's responsibility to follow up with the COR to ensure the QASP monitoring process is 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)

d. Feedback from stakeholders

e. Site visits by USAID personnel

f. Quarterly reviews of work plan with performance milestones

[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" in Section I of this contract. 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 PERIOD OF PERFORMANCE

(a) The base period of performance for this contract is 3 (three) years from [TBD] to [TBD], and the option period of performance is 2 years: Option Year 1 (Year 4 of the Contract) from [TBD] to [TBD]; Option Year 2 (Year 5 of the Contract) from [TBD] to [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

(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 H.17 FAR Part 4.21 Prohibition on Contracting for Certain Covered Telecommunications and Video Surveillance Services or Equipment (Section 889) (December 2021); and

(3) consideration of FAR 17.207(f).

F.3 PLACE OF PERFORMANCE

The place of performance of this contract is Ukraine.

F.4 PERFORMANCE STANDARDS

http://acquisition.gov/far/index.html

The Contractor must perform all work to satisfactorily achieve the objectives in Section C. PERFORMANCE WORK STATEMENT (PWS). Evaluation of the Contractor’s performance will be conducted in accordance with the performance standards set forth in Section E, the Quality Assurance Surveillance Plan (QASP), the Contractor’s overall performance toward achievement of results and objectives in Section C, provision of deliverables in Section F, and the Contractor’s compliance with all other terms and conditions of the contract, including achievement of activities in the Annual Work Plan. Each evaluation will be conducted jointly by the COR and CO and will form the basis of the Contractor’s performance record with regard to this Contract and as required in FAR part 42.15 and AIDAR 742.15.

F.5. AUTHORIZED WORK WEEK

A five-day work week is authorized. No overtime or premium pay is authorized under this contract.

A six-day work week may be authorized on a case-by-case basis by the COR for STTA while in Ukraine with no premium pay.

F.6 KEY PERSONNEL

Key personnel must have the requisite skill set to implement the approach set forth in Section C, achieve sustainable results, and complement each other as a management team. The contractor must provide appropriate personnel to satisfy the objective, implementation period, and expected results of this activity. Key Personnel must be based in Kyiv, Ukraine.

(a) The key personnel who the contractor must furnish for the performance of this contract are as follows:

Positions (not more than 5 (five)):

Chief of Party (COP) or equivalent title Deputy Chief of Party (DCOP) or equivalent title Component One Team Lead: Revenue Generation or equivalent title Component Two Team Lead: Expenditure Management or equivalent title Additional Key Personnel, if proposed by the offeror and included at resulting award

Key Personnel and Qualifications:

The Contractor must employ the following Key Personnel on USAID RevGRO:

1. Chief of Party (COP) or equivalent title

The COP shall be responsible for overall technical and administrative management of the RevGRO Activity, including:

● Exemplary leadership, vision and direction for the activity.

● Ongoing analysis of the strategic positioning of the activity, the political/reform context, and the overall environment for public financial management, revenue generation, and accountability reforms.

● Strategic and operational planning, including timely preparation of the annual implementation plan.

● Effective coordination and engagement with all stakeholders across the public, private, and other donor sectors.

● Maintaining a productive partnership relationship with USAID.

● Managing and developing staff, sub-contractors, and consultants to achieve expected results.

● Ensuring high quality standards of technical assistance and support to Activity stakeholders.

● Overseeing an effective and accountable Grants under Contract system.

● Ensuring compliance with USAID, USG and GOU laws, regulations, policies and procedures.

● Other tasks as required to achieve the Objectives and Expected Results.

● Ability to maintain physical presence inside Ukraine for 75% of working days, subject to USAID policies.

The Chief of Party shall have the following minimum qualifications:

● Experience successfully implementing donor-funded development activities, with preference given to activities and technical expertise related to public financial management, revenue generation, fiscal policy, anti-corruption, and/or institutional governance reform. At least four years of this experience implementing donor-funded development activities must be in senior program management, managing teams of 20 or more people in an office/organization responsible for implementing technical assistance activities in a developing country context.

● Prior experience in managing international donor programs in Ukraine, Central and Eastern Europe is preferred, but not required.

● Demonstrated track record of collaborating and communicating successfully with government counterparts, and other donors in complex development environments.

● A demonstrated track record of building and effectively managing strong teams.

2. Deputy Chief of Party (DCOP) or equivalent title

The DCOP shall perform those tasks of the COP as delegated to the DCOP by the COP

The Deputy Chief of Party shall have the following minimum qualifications:

● Experience in the successful implementation of international development activities and technical expertise related to public financial management, revenue generation, fiscal policy, anti-corruption, and/or institutional governance reform.

● Excellent knowledge of written and spoken English.

● Fluency in Ukrainian.

● Demonstrated ability to establish strong working relationships with public financial management, revenue generation, fiscal policy, anti-corruption, and institutional governance reform stakeholders.

Experience working with Activity key stakeholders, including the Ministry of Finance, Ministry of Economy, State Tax Service, State Customs Service, State Audit Service, and others, preferable.

● Ability to maintain physical presence inside Ukraine for 75% of working days, subject to USAID policies.

3. Component One Team Lead: Revenue Generation or equivalent title

The Component One Team Lead shall lead programmatic and technical interventions under RevGRO Activity objective one: Increase national revenue mobilization through support to tax and/or customs policy, administration, and institutional reforms. He/She will also perform those tasks as delegated by the COP and

DCOP.

The Component One Team Lead shall have the following minimum qualifications:

● Technical expertise in and experience implementing revenue generation reforms related to tax and customs policy and administration.

● Experience implementing institutional governance reforms, including vetting processes, preferred.

● Excellent knowledge of written and spoken English.

● Fluency in Ukrainian.

4. Component Two Team Lead: Expenditure Management or equivalent title

The Component Two Team Lead shall lead programmatic and technical interventions under RevGRO Activity objective two: Strengthen public investment management, expenditure management, and audit in line with international standards. He/She will also perform those tasks as delegated by the COP and DCOP.

The Component Two Team Lead shall have the following minimum qualifications:

● Technical expertise in and experience implementing public financial management reforms related to public investment management, public budgeting and expenditure management, and/or public control and audit.

● Excellent knowledge of written and spoken English.

● Fluency in Ukrainian.

Additional Key Personnel (if proposed): [Position descriptions and associated minimum position qualifications to be added at resulting award, as needed]

1. The key personnel identified above are considered essential to the work being performed under this contract. The Contractor must remain responsible for providing such key personnel for full-time performance for the term of this contract unless otherwise agreed to by the Contracting Officer.

2. The failure to provide the key personnel designated above may be considered nonperformance unless such failure is beyond the control, and through no fault or negligence, of the Contractor.

3. The Contractor must immediately notify the Contracting Officer and the COR of any key personnel’s departure and the reasons therefore.

4. The Contractor must take steps to immediately rectify this situation and will propose a substitute candidate for each vacated position along with a budget impact statement in sufficient detail to permit evaluation of the impact on the program.

5. The key personnel are not limited to expatriates or U.S. citizens. USAID seeks to emphasize its support for capacity building and professional development of Ukrainian staff, and the Contractor is encouraged to maximize use of local experts in key positions over the life of the activity and seek meaningful gender balance in its overall staffing.

6. Prior to replacing any of the specified individuals, the Contractor must notify both the Contracting Officer and COR reasonably in advance and must submit written justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the activity.

7. No replacement of key personnel must be made by the Contractor without the written consent of the Contracting Officer whether provided in advance or by ratification. The Contracting Officer will approve the key personnel.

OTHER PERSONNEL: As needed, the Contractor must provide a broad range of other technical expertise to carry out the multiple components of this activity. The Contractor must engage the services of a local expert (preferred) or expatriate (U.S. or TCN) technical advisors on a long- or short-term basis to provide expertise in areas not possessed by other staff including sub-Contractors. Such advisors must have high technical and professional qualifications and their use in each case must be appropriate based on their professional qualifications and experience.

F.7 DELIVERABLES AND REQUIRED REPORTING

In addition to the requirements set forth for submitting of reports in Section I, and in accordance with AIDAR clause 752.242-70, Periodic Progress Reports the Contractor must submit the following plans and report to designated recipients as described below in this section:

(a) The Contractor must prepare and submit progress reports as specified in the contract schedule. These reports are separate from the interim and final performance evaluation reports prepared by USAID in accordance with FAR § 42.15 and internal Agency procedures, but they may be used by USAID personnel or their authorized representatives when evaluating the Contractor's performance.

(b) During any delay in furnishing a progress report required under this contract, the 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 contractor submits the report or the Contracting Officer determines that the delay no longer has a detrimental effect on the Government's ability to monitor the contractor's progress.

All written documentation (correspondence, reports, information sheets, updates) submitted to USAID must be written in professional-level English.

Reports listed below are required. The cover page of all reports prepared by the Contractor shall include a descriptive title, the author's name(s), the activity name, the activity number, the contract number, the contractor's name, the name of the USAID activity office and COR, and the publication or issuance date of the report.

The Chief of Party (COP) shall be responsible for delivery of draft reports, schedules, plans, and other documents that are described below. Such documents, schedules or plans that do not readily conform to the foregoing format will be presented in a form to be agreed to by COR.

The Contractor will consult the COR on the format and expected content of reports prior to their preparation. All reports shall be submitted by the due date to the USAID/COR.

The following documents shall be consistent, interrelated, and shall complement each other. The initial implementation plan and subsequent work plans shall, based upon the Performance Work Statement (PWS), define how the Contractor will organize its work to achieve the objectives and expected results outlined in the PWS. Performance reporting shall account for the project's performance against agreed upon activities in the work plan and indicators in the MELP.

The Contractor must comply with the schedule for the submission of each plan and report listed below.

A. PLANS

1) Initial Implementation Plan (Initial Work Plan)

Within 60 calendar days after the start date of the Contract, the Contractor must submit its Initial Implementation Plan to the USAID/COR. This plan, which will cover the first year of activity implementation.

The Initial Implementation Plan must include a Gender and Social Inclusion (GESI) Strategy and a concise State Customs Service Institutional Reform Roadmap that succinctly outlines the pathway for institutional reform of the customs service in line with the U.S. Priority Reforms List and charts a path of assistance to the reform provided by the RevGRO Activity.

The Contractor must collaborate with the COR, draw on the GESI and State Customs Service Institutional Reform Roadmap, and consult other implementing partners and donors within relevant sectors as well as other relevant stakeholders during the development of the activities for the implementation plan.

The implementation plan must detail proposed interventions, key tasks/deliverables, performance indicators, targets and achievements on a quarterly basis in narrative and table format, plus research efforts, coordination mechanisms, rapid response capabilities, and other issues identified in Section C. PWS. The Initial Implementation Plan must be consistent with the MELP.

The COR will review the plan and provide comments and recommendations for changes no later than 30 days after receipt of the draft. The Contractor shall incorporate COR comments and recommendations into the final version of the Initial Implementation Plan and submit it for COR written approval within 15 days. After the Plan is finalized, the COR will provide written approval. All substantial changes in the Initial Implementation Plan require prior written approval of the COR.

First-Year Annual Implementation Plan will be based on the U.S. Government fiscal year and will be for the period:

TBD – September 30, 2025.

2) Subsequent Annual Implementation Plans (Work Plans)

Subsequent Annual Implementation Plans are due no later than 30 calendar days before the beginning of succeeding contract years. The Contractor shall submit the Annual Implementation Plan to the USAID COR for review and written approval in electronic format. The COR will review the plan and provide comments and recommendations for changes. After the plan is finalized, the COR will provide written approval. All substantial changes in the Initial Implementation Plan require prior written approval of the COR.

The Annual Implementation Plan will describe in detail how the Contractor intends to organize its work under the PWS and achieve expected results within the U.S. Government fiscal year. The Annual Implementation Plan shall include the description and delivery schedule of the pre-program, implementation, and post-program activities.

The Annual Implementation Plan shall be consistent with the MELP and QASP.

Specifically, the Annual Implementation Plan shall include a detailed analysis of the context and the factors driving or promoting fiscal resilience, transparency, and accountability by enhancing state revenue generation and financial management. The Plan shall also include a proposed schedule of interventions, a listing of principal counterparts for each proposed interventions, and a description and estimate of the amounts of technical expertise, training, and other support resources required to carry out the interventions. Plans shall also describe the expected results for each intervention or combination of interventions and shall explain how and to what extent those results will contribute to achieving the project’s overall sub-objectives and objectives. Through its quarterly reports, the Contractor may propose to USAID updates or revisions to the annual work plan based on changing priorities and contextual factors.

The Contractor must update the GESI strategy as appropriate in each successive Annual Work Plan.

Work plans may be revised to reflect changes in the operating environment or USAID/Embassy priorities, with the prior written approval of the COR. The work plan will allow USAID and the Contractor to monitor performance as appropriate. USAID reserves the right to review and re-approve the Annual Working Plan on an as-needed basis.

Annual Implementation Plan for subsequent years will be based on the U.S. Government fiscal year: October 1, 2025 – September 30, 2026; October 1, 2026 – September 30, 2027; October 1, 2027 – September 30, 2028 (if option is exercised); October 1, 2028 – MONTH, 2029 (if option is exercised).

3) Monitoring, Evaluation and Learning Plan (MELP)

Within the first 60 days after the start date of the Contract and before major activity implementation actions begin, the Contractor shall submit an activity MEL Plan together with the Initial Implementation Plan to the USAID COR for review and approval.

The COR will review the plan and provide comments and recommendations for changes no later than 30 days after receipt of the draft. The Contractor shall incorporate COR comments and recommendations into the final version of the M&E Plan and submit it for COR written approval within 15 days. After the plan is finalized, the COR will provide written approval. All substantial changes in the M&E Plan require prior written approval of the COR.

Activity MEL Plan submitted to USAID should include only those…