Solicitation No. 72016522R00003 Amendment 1.pdf

Issuance Date: September 1, 2022 Closing Date and Time for Submission of Questions: September 14, 2022 /

4:00 P.M. Skopje Time Closing Date and Time for Submission of Proposals: October 31, 2022 /

4:00 P.M. Skopje Time

Subject: Request for Proposals (RFP) Number 72016522R00003- Partnership Against Corruption (PAC) Activity

The United States Agency for International Development (USAID) is seeking proposals to partner with the Government of North Macedonia and key state institutions to enhance the capacity, integrity, and accountability of the public sector to address corruption; improve the performance of anti-corruption institutions in combating, mitigating, and preventing corruption;

and decrease opportunities for corruption in the context of the Government of North Macedonia’s digital transformation. The Activity is described in the attached Request for Proposals (RFP).

USAID anticipates the award of a Cost-Plus-Fixed Fee (CPFF) Completion type contract for an anticipated five-year period. 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 Federal Acquisition Regulation (FAR) Part 15 apply.

The overall estimated cost of this procurement is between $11 million and $12 million. The Government is in no way obligated to make any award within the maximum estimated cost identified. Offerors should not strive to meet the maximum amount; rather, Offerors should propose costs that are appropriate, realistic and reasonable, and in accordance with the proposed approach for achieving results. Cost proposals will be evaluated as part of a best value determination.

Please refer to Section L for information regarding proposal requirements. Offerors should take into account the expected delivery time required by the proposal transmission, and they are responsible for ensuring proposals are received at USAID by the due date and time as specified in Section L. Failure to comply with the submission date will deem any submission unacceptable and it will not be reviewed or evaluated. Faxed proposals are not acceptable, nor will they be reviewed or evaluated.

Section L of the RFP sets forth all instructions for the preparation and submission of required proposal contents, including critical dates/times for the submission of questions, and the proposal submission closing date and time. Section M states the criteria by which proposals will be evaluated. Oral explanations or instructions given before award of the contract will not be binding.

Solicitation #: 72016522R00003 Page 1

This RFP in no way obligates USAID to award a contract nor does it commit USAID to pay any cost incurred in the preparation and submission of a proposal. Award of a contract under this RFP is subject to availability of funds and other internal USAID approvals.

This RFP can be viewed and downloaded from www.sam.gov. USAID bears no responsibility for data errors resulting from transmission or conversion processes. Further, be aware that amendments to solicitations are occasionally issued and will be posted on the same website from which you downloaded the solicitation. USAID advises to regularly check the above website for amendments.

Sincerely, Chad Berkowitz Foreign Service Regional Contracting Officer Regional Office of Acquisition and Assistance (ROAA)

Project Title:Partnership Against Corruption (PAC) Activity Solicitation #: 72016520R00003 Page 2

72016522R00003

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

2 154

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

H

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

REQ-165-22-000024

X

720165

USAID/North Macedonia Samoilova 21 Skopje North Macedonia 00000

Florentin Emini +38 73ext142 femini@usaid.gov

138-2436

X

X

X

X

X

X

X

X

X

X

X

X

X

PAGE(S)

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

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

1-4 9-11

16-23 24-28 29-65

68-77

79-81

81-110

110-130

130-136

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

TABLE OF CONTENTS

PART I - THE SCHEDULE 8

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS 8

B.1 PURPOSE 8

B.2 CONTRACT TYPE AND SERVICES 8

B.3 ESTIMATED COST, FIXED FEE, AND OBLIGATED AMOUNT 8

B.4 BUDGET 8

B.5 INDIRECT COSTS (DEC 1997) 9

B.6 COST REIMBURSABLE 10

B.7 PAYMENT OF FIXED FEE 10

SECTION C - PERFORMANCE WORK STATEMENT 11

SECTION D - PACKAGING AND MARKING 12

D.1 AIDAR 752.7009 MARKING (JANUARY 1993) 12

D.2 BRANDING POLICY 12

SECTION E - INSPECTION AND ACCEPTANCE 13

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 13

E.2 INSPECTION AND ACCEPTANCE 13

E.3 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP) 13

SECTION F - DELIVERIES OR PERFORMANCE 15

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 15

F.2 PERFORMANCE PERIOD 15

F.3 PLACE OF PERFORMANCE 15

F.4 PERFORMANCE STANDARDS 15

F.5 REPORTS AND DELIVERABLES OR OUTPUTS 15

F.6 KEY PERSONNEL 22

SECTION G - CONTRACT ADMINISTRATION DATA 23

G.1 AIDAR 752.7003 DOCUMENTATION FOR PAYMENT (NOV 1998) 23

G.2 ADMINISTRATIVE CONTRACTING OFFICER 24

G.3 CONTRACTING OFFICER’S REPRESENTATIVE (COR) 24

G.4 CONTRACTOR’S PRIMARY POINT OF CONTACT 25

G.5 PAYING OFFICE 25

G.6 ACCOUNTING AND APPROPRIATION DATA 25

G.7 CONTRACTOR'S PAYMENT ADDRESS 25

G.8 TECHNICAL DIRECTION/RELATIONSHIP WITH USAID 25

G.9 AIDAR 752.231-72 CONFERENCE PLANNING AND REQUIRED APPROVALS (AUG

2013) 27

SECTION H - SPECIAL CONTRACT REQUIREMENTS 29

H.1 AIDAR 752.7007 PERSONNEL COMPENSATION (JULY 2007) 29

H.2 ADDITIONAL REQUIREMENTS FOR PERSONNEL COMPENSATION 29

H.3 AUTHORIZED GEOGRAPHIC CODE 30

Project Title: Partnership Against Corruption (PAC) Activity Solicitation #: 72016522R00003 Page 4

H.4 NONEXPENDABLE PROPERTY PURCHASES AND INFORMATION TECHNOLOGY

RESOURCES 30

H.5 LIMITATION ON ACQUISITION OF INFORMATION TECHNOLOGY (APRIL 2018) 30

H.6 AIDAR 752.204-72 CONTRACTOR ACCESS TO USAID FACILITIES AND USAID’S

INFORMATION SYSTEMS (APRIL 2018) 31

H.7 RESTRICTIONS AGAINST DISCLOSURE (MAY 2016) 33

H.8 INFORMATION AND COMMUNICATION TECHNOLOGY ACCESSIBILITY (APRIL

2018) 33

H.9 INFORMATION TECHNOLOGY APPROVAL (APRIL 2018) 34

H.10 MEDIA AND INFORMATION HANDLING AND PROTECTION (APRIL 2018) 36

H.11 PRIVACY AND SECURITY INFORMATION TECHNOLOGY SYSTEMS INCIDENT

REPORTING (APRIL 2018) 37

H.12 SKILLS AND CERTIFICATION REQUIREMENTS FOR PRIVACY AND SECURITY

STAFF (APRIL 2018) 41

H.13 CLOUD COMPUTING (APRIL 2018) 42

H.14 WORKER’S COMPENSATION INSURANCE (Defense Base Act) (DEC 1991) 48

H.15 EXECUTIVE ORDER ON TERRORISM FINANCING 49

H.16 ELECTRONIC PAYMENTS SYSTEM 49

H.17 SUBMISSION OF DATASETS TO THE DEVELOPMENT DATA LIBRARY (DDL)

(OCTOBER 2014) 50

H.18 ENVIRONMENTAL COMPLIANCE 51

H.19 AIDAR 752.245-70 GOVERNMENT PROPERTY USAID REPORTING

REQUIREMENTS (OCT 2017) 52

PART II - CONTRACT CLAUSES 55

SECTION I - CONTRACT CLAUSES 55

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 55

I.2 52.204-1 APPROVAL OF CONTRACT (DEC 1989) 62

I.4 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION

SYSTEMS (NOV 2021) 63

I.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) 65

I.6 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020) 66

I.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 67

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS 68

SECTION J - LIST OF ATTACHMENTS 68

PART IV - REPRESENTATIONS AND INSTRUCTIONS 70

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER 70

STATEMENTS OF THE OFFEROR 70

K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY 70

K.2 52.204-3 TAXPAYER IDENTIFICATION (OCT 1998) 71

K.3 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2022) 72

K.4 52.204-20 PREDECESSOR OF OFFEROR (AUG 2020) 76

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K.5 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) 77

K.6 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020) 80

K.7 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) 82

K.8 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX

LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016) 83

K.9 52.209-12 CERTIFICATION REGARDING TAX MATTERS (OCT 2020) 84

K.10 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR

AGREEMENTS-CERTIFICATION (NOV 2021) 84

K.11 52.215-6 PLACE OF PERFORMANCE (OCT 1997) 86

K.12 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (SEP 2021) 87

K.13 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999) 91

K.14 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984) 92

K. 15 52.225-2 BUY AMERICAN CERTIFICATE (FEB 2021) 92

K.17 52.226-2 HISTORICALLY BLACK COLLEGE OR UNIVERSITY AND MINORITY

INSTITUTION REPRESENTATION (OCT 2014) 92

K.18 52.226-3 DISASTER OR EMERGENCY AREA REPRESENTATION (NOV 2007) 93

K.19 52.227-6 ROYALTY INFORMATION (APR 1984) 94

K.20 52.227-7 PATENTS-NOTICE OF GOVERNMENT LICENSEE (APR 1984) 94

K.21 52.227-15 REPRESENTATION OF LIMITED RIGHTS DATA AND RESTRICTED

COMPUTER SOFTWARE (DEC 2007) 95

K.22 52.230-1 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION (JUN

2020) 96

K.23 52.230-7 PROPOSAL DISCLOSURE-COST ACCOUNTING PRACTICE CHANGES

(APR 2005) 98

K.24 52.234-2 NOTICE OF EARNED VALUE MANAGEMENT SYSTEM-PREAWARD

INTEGRATED BASELINE REVIEW (NOV 2016) 99

K.25 52.234-3 NOTICE OF EARNED VALUE MANAGEMENT SYSTEM-POST AWARD

POST AWARD INTEGRATED BASELINE REVIEW (NOV 2016). 100

K.26 AGREEMENT ON, OR EXCEPTIONS TO, TERMS AND CONDITIONS 101

K.27 COMPLIANCE WITH VETERANS EMPLOYMENT REPORTING REQUIREMENTS

K.28 INSURANCE - IMMUNITY FROM TORT LIABILITY 101

K.29 SIGNATURE 101

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR

RESPONDENTS 103

L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

L.2 52.216-1 TYPE OF CONTRACT (APR 1984) 104

L.3 52.233-2 SERVICE OF PROTEST (SEPT 2006) 104

L.4 GENERAL INSTRUCTIONS 104

L.5 DELIVERY INSTRUCTIONS 106

L.6 INSTRUCTIONS FOR THE PREPARATION OF THE TECHNICAL PROPOSAL 107

Solicitation #: 72016522R00003 Page 6

L.8 INSTRUCTIONS FOR THE PREPARATION OF THE COST/BUSINESS PROPOSAL 113

SECTION M - EVALUATION FACTORS FOR AWARD 122

M.1 GENERAL INFORMATION 122

M.2 TECHNICAL EVALUATION CRITERIA 122

M.3 DETERMINATION OF COMPETITIVE RANGE 124

M.4 COST/PRICE EVALUATION 124

M.5 SOURCE SELECTION 125

M.6 CONTRACTING WITH SMALL BUSINESS CONCERNS 125

M.7 CONTRACTING WITH U.S. SMALL BUSINESS CONCERNS IN THE

MENTOR-PROTÉGÉ PROGRAM 125

Solicitation #: 72016522R00003 Page 7

SECTION B

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PURPOSE

The purpose of this contract is to provide services that fall within the Performance Work Statement (PWS) specified in Section C for Partnership Against Corruption.

B.2 CONTRACT TYPE AND SERVICES

This is a Cost-Plus-Fixed-Fee (CPFF) completion contract. For the consideration set forth below, the Contractor shall provide the deliverables or outputs described in Section F in accordance with the performance standards specified in Section E.

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

(a) The estimated cost for the performance of the work required hereunder, exclusive of fixed fee, if any, is $_________. The fixed fee, if any, is $_________. The estimated cost plus fixed fee, if any, is $_________.

(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 $_________. The Contractor shall not exceed the aforesaid obligated amount.

(c) Funds obligated hereunder are anticipated to be sufficient through $_________.

B.4 BUDGET

The budget is solely for illustrative purposes; offerors may align or adjust as deemed necessary.

Category Total Estimate (US$)

Total Personnel

Total Fringe Benefits

Total Travel

Total Equipment

Total Supplies

Total Contractual

Solicitation #: 72016522R00003 Page 8

Total Other Direct Costs

DIRECT COSTS

Total Indirect Costs

Total Fixed Fee-Profit (if any)

TOTAL COSTS

[USAID will insert the final total estimates of each cost category provided by the contractor in its budget at award]

B.5 INDIRECT COSTS (DEC 1997)

For the Prime Contractor:

Pending establishment of revised provisional or final indirect cost rates, allowable indirect costs will be reimbursed 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: Predetermined Period:

For Major Subcontractor(s):

Pending establishment of revised provisional or final indirect cost rates, allowable indirect costs will be reimbursed 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: Predetermined Period:

[A “Major Subcontractor” is a subcontractor that is performing 20% or more of the contract, or is deemed critical by the offeror in achieving the objectives and tasks in the contract.]

B.6 COST REIMBURSABLE

Solicitation #: 72016522R00003 Page 9

The U.S. dollar costs allowable shall 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, if applicable, and AIDAR 752.7003, Documentation for Payment.

B.7 PAYMENT OF FIXED FEE

Payment of fixed fee will be made upon receipt of a proper invoice and shall directly correspond to the percentage of allowable costs being paid. Specifically, in accordance with FAR 52-216-8, Fixed Fee, the Contracting Officer (CO) will withhold 15% of the total fee or $100,000.00, whichever is less, until the required awards conditions under the reference clause have been met.

Two exceptions to paying fixed fee in this manner apply:

(a) If the CO determines that this method results in paying a disproportionately higher ratio of fixed fee than the percentage of work that the Contractor has completed, then the CO may suspend further payment of any fixed fee until the Contractor has made sufficient progress to justify further payment, up to the agreed percentage.

(b) The clauses entitled "Allowable Cost and Payment" (FAR 52.216-7) and "Fixed Fee" (FAR 52.216-8) are incorporated into this contract.

[END OF SECTION B]

Solicitation #: 72016522R00003 Page 10

SECTION C

SECTION C - PERFORMANCE WORK STATEMENT

[USAID will insert the contractor’s Performance Work Statement (PWS) at award; see SECTION J, ATTACHMENT J.1 - STATEMENT OF OBJECTIVES (SOO) that informs the development of Section C.]

[END OF SECTION C]

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SECTION D

SECTION D - PACKAGING 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. 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 POLICY

Markings under this contract shall comply with the USAID "Graphic Standards Manual" available at www.usaid.gov/branding, or any successor branding policy.

[USAID will insert the contractor’s Branding Implementation Plan and Marking Plan as an attachment to the contract at award. See SECTION J, ATTACHMENT J.3 - BRANDING

STRATEGY, BRANDING IMPLEMENTATION PLAN (TEMPLATE), AND MARKING

PLAN (TEMPLATE)

[END OF SECTION D]

Project Title: Partnership Against Corruption (PAC) Activity Solicitation #: 72016522R00003 Page 12 http://www.usaid.gov/branding

SECTION E

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 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)

52.246-5 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:

USAID/North Macedonia U.S. Agency for International Development | USAID U.S. Embassy, Samoilova 21, 1000 Skopje, North Macedonia or at any other location where the services are performed and reports and deliverables or outputs are produced or submitted. The Contracting Officer’s Representative (COR) listed in Section G 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 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

Project Title: Partnership Against Corruption (PAC) Activity Solicitation #: 72016522R00003 Page 13 http://acquisition.gov/far/index.html

SECTION E

performance standards are appropriate. It is the Contractor's responsibility to follow up with the COR to ensure the QASP monitoring process is implemented and updated. The QASP is incorporated as a component of the Activity.

[END OF SECTION E]

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SECTION F

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 1 APR 1984

F.2 PERFORMANCE PERIOD

The period of performance for this contract is ________ through ________.

F.3 PLACE OF PERFORMANCE

Performance of this contract will be in North Macedonia.

F.4 PERFORMANCE STANDARDS

Evaluation of the Contractor's overall performance shall be in accordance with the performance standards set forth in Attachment J.1. under Section C.3.b, Results and Indicators, as well as the Contractors QASP, as incorporated in Section E.3, and the fully incorporated PWS under the contract’s Section C. Reviews will be conducted jointly by the COR and the Contracting Officer and shall form the basis of the Contractor's permanent performance record regarding this contract.

F.5 REPORTS AND DELIVERABLES OR OUTPUTS

In addition to the requirements set forth for submission of reports in Sections I and J and in AIDAR clause 752.242-70, Periodic Progress Reports, the Contractor shall submit the following deliverables or outputs to the COR specified in Section G:

(a) Work Plans, Periodic and Other Reports

SECTION

NO.

DELIVERABLES DUE DATE

(1) Monitoring, Evaluation, and Learning Plan

Within 60 days of contract award date

Project Title: Partnership Against Corruption (PAC) Activity Solicitation #: 72016522R00003 Page 15 http://acquisition.gov/far/index.html

(2) Annual Work Plan Part One: Within 45 days of signing the contract Part Two: September 1, 2023

(3) Quarterly Reports Within 30 days of the end of each fiscal year quarter

(4) Annual Report No later than October 31 of each year

(5) Final Report No later than 30 days past the end-date of the contract

(6) Ad Hoc Reports As requested by the COR

(7) Short-Term Consultant Reports Submitted within 10 days following the departure of a consultant

(8) Bi-weekly highlights 2-3 highlights per month

(9) Mission Events Calendar Weekly updates

(10) Quarterly Accruals Submitted no later than the fifteenth (15th) day before the completion of each quarter.

(11) Demobilization Plan 90 days prior to the end of the Contract

(12) 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.

(13) Contract Financial Report Within 30 calendar days of the three-month periods ending on March 31, June 30, September 30, and December 31.

➢ Description of Report Content:

(1) Monitoring, Evaluation, and Learning Plan

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The Contractor will develop a performance monitoring, evaluation, and learning (MEL) plan in collaboration with the COR. The Contractor must submit a draft of this plan to the COR within 45 days of contract award. The MEL Plan must clearly articulate activity goals, baselines, specific targets, and benchmarks describing anticipated outcomes and impacts over the life of the activity. Aspects of adaptive management, whereby new information, such as recognition of national or regional social, environmental or political factors, is used to enhance activity design and management should also be explained. The MEL Plan must include both sex-disaggregated data and gender-sensitive indicators needed to measure progress with regard to gender integration. The MEL Plan must form the basis of performance and results monitoring for the activity. The Contractor must submit an updated draft of the MEL Plan for COR approval no later than August 15 of each year during the period of performance of the Contract. Upon written request by the Contractor and at the COR’s discretion, this requirement may be waived for the first August 15 occurring during the Contract period of performance.

The contents of the MEL Plan will be proposed by the Contractor and approved by the COR. To the extent feasible, monitoring and evaluation will be conducted through or with the participation of local partners and subcontractors in order to build capacity, as described above. For each indicator proposed in the MEL Plan, the Contractor is required to collect baseline data and provide a brief narrative that will include the following:

● Data collection method;

● Data reliability and timeliness (i.e., intrinsic data quality); and

● Indicator validity (i.e. the relationship between the indicator and the desired output or result).

(2) Annual Work Plans

Within 30 days of signing the contract, the Contractor must submit for the COR’s review and approval a Part One Work Plan, covering the time period from the date of signature of the contract through September 2023. On September 1, 2023, the Contractor must submit for the COR’s review and approval a draft Part Two Work Plan covering the time period from October 1, 2023, through the end of September 2024.

For the other subsequent years, the work plans must be completed on the following schedule:

• The Contractor must submit the draft work plan to the COR no later than August 16 of the corresponding year;

• USAID will provide comments on the draft work plan no later than September 1 of the corresponding year; and

• The Contractor must submit the final work plan to the COR for USAID approval by no later than September 15 of the corresponding year.

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Each Work Plan must set forth in reasonable detail the Contractor’s plans for pursuing interventions in this contract during this time period and must be organized in such a way as to be a useful, “living” program management tool for both the COR and COP. The Work Plan must include a schedule of interventions and tasks planned to be conducted, and the inputs planned to be provided by the Contractor, including a description of planned activities and tasks and an estimated budget organized by intervention. The Work Plan should also break out activities by location. The Work Plan must be linked to the performance indicators set forth in the MEL Plan.

As may be necessary due to circumstances beyond the Contractor’s control, and subject to the COR’s approval, the Work Plan may be amended and benchmarks added, deleted, or revised from time to time.

(3) Quarterly Reports

(i) Quarterly Activity Reports

The Contractor must submit brief quarterly performance reports to the COR within 30 days of the end of each fiscal year quarter reflecting results and interventions of the preceding quarter.

USAID/North Macedonia will provide a template for this report, which must describe the plan for the reporting period (as set forth in the Work Plans) and report on progress to date for MEL indicators for that quarter. The Contractor must provide a description of the specific accomplishments of the activity as well as any short-term technical assistance, including information on all interventions, both ongoing and completed, by component, and geographically by state and/or judicial district. The quarterly reports must highlight any issues or problems that are affecting the delivery or timing of services provided by the Contractor. These reports must summarize activity progress against tasks and benchmarks, including tasks assigned through technical directives and identify implementation issues that may inhibit or enhance Contractor performance. The reports must also discuss interaction with counterparts, and any necessary alterations to the work plan and initial timetable.

In each quarterly report, the Contractor must include success stories, which provide information that demonstrates the impact that the activity has had during the reporting period through materials such as stories, quotes and photos. These success stories must also be submitted separately via the Agency’s Telling Our Story website (http://www.usaid.gov/stories/). Note: the Mission’s Development and Outreach Communications (DOC) team may assist in reviewing stories prior to their posting on the website.

As agreed upon by the COR, quarterly reporting must begin after the end of the first quarter from the Contract award date. Each quarterly report must be a stand-alone document and must briefly summarize activity from the beginning of the project. The quarterly report is due to the COR on or before the last day of the month following the end of each quarter. The COR may make exceptions to this schedule depending on when exactly the agreement is signed; for example, if the activity begins in May, the time remaining in Q3 may be incorporated into the quarterly report for Q4.

Quarterly Reports Schedule for Submission:

Project Title: Partnership Against Corruption (PAC) Activity Solicitation #: 72016522R00003 Page 18 http://www.usaid.gov/stories/)

USG Fiscal Year Q1: October 1 to December 31 Quarterly Report due January 31 USG Fiscal Year Q2: January 1 to March 31 Quarterly Report due April 30

USG Fiscal Year Q3: April 1 to June 30 Quarterly Report due July 31

USG Fiscal Year Q4: July 1 to September 30 Quarterly Report due October 31

(ii) Quarterly Financial Reports

The Contractor must submit to the COR quarterly financial reports, which will contain a summary page which shows spending by program component for the quarter, cumulative spending to date, available funding for the remainder of the activity and any variances from planned expenditures. If there are significant accrued expenditures for the quarter being reported upon which for some reason have not yet been billed to the contract, the Contractor must include a brief note to that effect, with the specific amount involved, in order to allow USAID to accurately track the activity’s expenditure rate. These reports must be submitted no later than thirty days after the end of the quarter.

(4) Annual Report

The Annual Report shall reflect the structure of the annual work plan and shall report overall performance against MEL indicators during the year, with explanations as to why targets were not achieved or were exceeded as applicable. The Annual Report will describe any relevant analytical work, evaluations and assessments over the year, along with any recommendations therefrom and how they are being applied. The Annual Report will highlight specific accomplishments and summarize results and interventions for the year, both ongoing and completed, by component and geographically. The report must also identify any problems, obstacles or challenges to performance that arose and proposed or applied solutions.

With COR approval, the final quarterly report can be combined with the Annual Report. The Annual Report shall be submitted no later than October 31 of each year.

(5) Final Report

Thirty (30) days before the contract completion date, the Contractor must submit a draft final report to the COR. The final performance report is a detailed report which summarizes the accomplishments and impact in relation to the expected results, in accordance with the approved Performance Management Plan. It should contain a three-page executive summary, an index of all reports and information products produced under this contract, and must discuss the following:

● The activity impact as compared to baseline conditions and data;

● A description of all institutions and organizations worked with in connection with activity components and an evaluation of their strengths and weaknesses;

● Problems encountered, objectives not fully achieved and why, and lessons learned; and

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● Incorporation of any additional/available evaluative data compared to activity results and any explanatory background.

The final report may suggest ways to resolve identified constraints and provide recommendations for follow-on work that might complement the work completed under the Contract. The COR will provide written comments, and the Contracting Officer may likewise add written comments, which the Contractor must address in revising the draft and submitting a final completion report.

The final completion report should also be accompanied by a flash drive with select activity photos and captions and a flash drive with all activity deliverables. This final report should not exceed 25 pages, with no more than 50 pages of annexes.

The report must be submitted no later than 30 days past the end-date of this contract as follows:

● One copy, in electronic format, to the COR; and

● One copy, in electronic (preferred) or paper form (with all final documents) to one of the following: (a) Via E-mail: docsubmit@dec.cdie.org ; (b) Via U.S. Postal Service:

Development Experience Clearinghouse, 8403 Colesville Road, Suite 210 Silver Spring, MD 20910, USA; (c) Via Fax: (301) 588-7787; or (d) Online:

http://www.dec.org/index.cfm?fuseaction=docSubmit.home.

(6) Ad Hoc Reports

The Contractor must be prepared to submit ad hoc reports on the status of its interventions as requested by the COR. The reason for such ad hoc requests might be, for example, for purposes of annual reporting, strategic planning, VIP visitors, etc.

(7) Short-Term Consultant Reports

Unless otherwise agreed to in writing by the COR, the Contractor must submit within 10 days following the departure of a consultant, a written report not more than 5 pages, that describes the purpose of the consultancy, progress made, and any observations to be shared; identifies issues and/or problems encountered; and details expected follow-on interventions by resident Contractor staff, as well as actions to be performed by participating counterparts.

(8) Bi-weekly highlights (2-3 highlights per month)

Bi-weekly highlights (2-3 highlights per month), submitted by email to the COR, are intended to highlight noteworthy interventions/studies, significant events/workshops/conferences, upcoming key dates, and/or milestones met.

(9) Mission Events Calendar (weekly updates)

Uploading high-profile events (as defined by the Mission) to Mission front office calendars to allow planning for Mission and Embassy representatives and lead time for internal clearances and authorizations.

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(10) Quarterly Accruals

Accruals reporting must be submitted no later than the fifteenth (15th) day before the completion of each quarter.

(11) Demobilization Plan

The Contractor is required to develop a demobilization plan. This plan will include a property disposition plan, a plan for the phase-out of in-country operations, a delivery schedule for all remaining reports or other deliverables required under the contract, and a timetable for completing all required actions in the demobilization plan. The Demobilization Plan must be submitted by the Contractor for approval by the CO 90 days prior to the end of the Contract.

(12) Subcontract Reporting (Large Businesses 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 annual Subcontracting Report and the final Summary Subcontracting Report (SSR) are available online at http://www.esrs.gov. The email to use is: ______________ (Administering CO) and ______________ (COR).

The work of the small businesses 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 as stated in Section H, Subcontracting, of the contract, the Contractor must state in the report (either 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.

(13) Contract Financial Report

The contractor must provide to the COR a concise quarterly report by the due date specified in the above table. The report must include the following:

a. Summary of New Contract. To include the following:

Project Title: Partnership Against Corruption (PAC) Activity Solicitation #: 72016522R00003 Page 21 http://www.esrs.gov

i. Contract number

ii. Title

iii. Statement of Work / Activity Description

iv. Mission/Bureau contracting

v. Period of performance

vi. Contracting Officer

vii. COR

viii. Ceiling Price

ix. Initial Obligated Amount

x. Small and Disadvantaged Business participation.

(b) Language of Reports and Other Deliverables

All reports and other deliverables must be in the English language, unless otherwise specified by the USAID COR or in this contract.

(c) Meetings

The Contractor will be responsible for attending, at a minimum, weekly meetings with the COR, or a revised frequency of regular meetings as deemed by the COR. USAID will develop a meeting schedule with the contractor during the start-up phase of the project.

F.6 KEY PERSONNEL

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

1. Chief of Party; and

2. TBD [Additional positions included in the successful Offeror's proposal will be included at the time of award]

(b) The personnel specified above are considered to be essential to the work being performed hereunder. Prior to replacing any of the specified individuals, the Contractor shall immediately notify both the Contracting Officer and USAID Contracting Officer’s Representative reasonably in advance and shall submit written justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the activity. No replacement will be made by the Contractor without the written consent of the Contracting Officer.

[END OF SECTION F]

Solicitation #: 72016522R00003 Page 22

SECTION G

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 Description Amt vouchered Amt vouchered Item No. to date this period 001 Product/Service Desc. for Line Item 001 $XXXX.XX $ XXXX.XX

002 Product/Service Desc. for Line Item 002 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 performance (except as herewith reported in writing) have been paid, or to the extent allowed under the applicable payment clause, will be paid currently by the Contractor when due in the ordinary course of business; the work reflected by these costs has been performed, and the quantities and amounts involved are consistent with the requirements of this Contract; all required Contracting Officer approvals have been obtained; and appropriate refund to USAID will be made promptly upon request in the event of disallowance of costs not reimbursable under the terms of this contract.

BY: ______________________________________________________

TITLE: ______________________________________________________

DATE: ______________________________________________________

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(b) Local currency payment. The Contractor is fully responsible for the proper expenditure and control of local currency, if any, provided under this contract. Local currency will be provided to the Contractor in accordance with written instructions provided by the Mission Director. The written instructions will also include accounting, vouchering, and reporting procedures. A copy of the instructions shall be provided to the Contractor's Chief of Party and to the Contracting Officer. The costs of bonding personnel responsible for local currency are reimbursable under this contract.

(c) Upon compliance by the Contractor with all the provisions of this contract, acceptance by the Government of the work and final report, and a satisfactory accounting by the Contractor of all Government-owned property for which the Contractor had custodial responsibility, the Government shall promptly pay to the Contractor any moneys (dollars or local currency) due under the completion voucher. The Government will make suitable reduction for any disallowance or indebtedness by the Contractor by applying the proceeds of the voucher first to such deductions and next to any unliquidated balance of advance remaining under this contract.

(d) The Contractor agrees that all approvals of the Mission Director and the Contracting Officer which are required by the provisions of this contract shall be preserved and made available as part of the Contractor's records which are required to be presented and made available by the clause of this contract entitled "Audit and Records--Negotiation".

G.2 ADMINISTRATIVE CONTRACTING OFFICER

The Administrative Contracting Office is:

U.S. AGENCY FOR INTERNATIONAL DEVELOPMENT

Regional Office of Acquisition and Assistance Embassy of the USA, Rr. 4 Korriku Nr. 25, Arberia, Pristina, Kosovo 10000

G.3 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The Contracting Officer’s Representative is __TBD__. The Contracting Officer will identify the COR by name at the time of the contract award and will be designated by a separate Administrative Letter. Among other responsibilities and authorities as specified in the designation letter, the COR must accept and approve all deliverables in order for those deliverables to be considered completed

Contracting Officer’s Representative:

Telephone:_____________ E-mail:________________

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G.4 CONTRACTOR’S PRIMARY POINT OF CONTACT

The Primary Point of Contact for this contract is: {TBD at the time of contract award}

G.5 PAYING OFFICE

The completed SF-1034 “Voucher for Services for Other Than Personal” and relevant invoices and other documentation may be submitted electronically (email is the preferred method) to the address below. The subject line of the email shall include the Award No. and name of the Contractor. The SF-1034 must be signed, and it must be submitted along with the relevant invoices and any other relevant documentation as an electronic PDF file. The invoice should provide the bank account details which should include the bank account number, the bank name and address, the SWIFT Code and the ABA number. Otherwise, the request for payment must be mailed through local postal or courier services. If submitting invoices electronically, do not send a paper copy. Send all requests for payment to the following email address:

AccountsPayableSarajevo@USAID.gov.

The paying office for this contract is:

Telephone:_____________ E-mail:________________

G.6 ACCOUNTING AND APPROPRIATION DATA

Budget Fiscal:

Operating Unit:

Strategic Objective:

Team/Division:

Benefiting Geo Area: 937 Expanded Object Class Code (EOCC):

Amount Obligated:

G.7 CONTRACTOR'S PAYMENT ADDRESS

Telephone:_____________ E-mail:________________

G.8 TECHNICAL DIRECTION/RELATIONSHIP WITH USAID

(a) Technical Direction is defined to include:

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(1) Written directions to the Contractor which fill in details, suggest possible lines of inquiry, or otherwise facilitate completion of work;

(2) Provision of written information to the Contractor which assists in the interpretation of drawings, specifications, or technical portions of the work statement;

(3) Review and, where required, provide written approval of technical reports, drawings, specifications, or technical information to be delivered. Technical directions must be in writing, and must be within the scope of the work as detailed in Section C.

(b) The Contracting Officer, by separate designation letter, authorizes the COR to take any or all action with respect to the following which could lawfully be taken by the Contracting Officer, except any action specifically prohibited by the terms of this Contract:

(1) Assure that the Contractor performs the technical requirements of the contract in accordance with the contract terms, conditions, and specifications.

(2) Perform or cause to be performed, inspections necessary in connection with a) above and require the Contractor to correct all deficiencies; perform acceptance for the Government.

(3) Maintain all liaison and direct communications with the Contractor. Written communications with the Contractor and documents must be signed as "Cognizant Technical Officer" with a copy furnished to the Contracting Officer.

(4) Issue written interpretations of technical requirements of Government drawings, designs, and specifications.

(5) Monitor the Contractor's production or performance progress and notify the Contractor in writing of deficiencies observed during surveillance, and direct appropriate action to effect correction. Record and report to the Contracting Officer incidents of faulty or nonconforming work, delays or problems.

(6) Complete Contractor Performance Reports (CPR’s) every six to 12 months for contracts.

(7) Obtain necessary security clearance and appropriate identification if access to Government facilities is required.

(8) If to be provided, ensure that Government furnished property is available when required.

LIMITATIONS: The COR is not empowered to award, agree to, or sign any contract (including delivery or purchase orders) or modifications thereto, or in any way to obligate the payment of money by the Government. The COR may not take any action which may impact on the contract schedule, funds, scope or rate of utilization of LOE. All contractual agreements, commitments, or modifications which involve prices, quantities, quality, and schedules must be made only by the Contracting Officer.

Solicitation #:…