RFP_SOL#72016720R00004_Justice Activity.pdf

Request for Proposals (RFP) No.: SOL#72016720R00004 Issue Date: January 29, 2020 Questions Due Date: February 10, 2020 at 9 am, Kosovo local time.

Pre-Proposals Conference:

February 11, 2020 at 10:00am Kosovo local time.

Venue: Hotel Sirius Agim Ramadani St. Pristina 10000

Answers to the questions Due Date: February 14, 2020 at 5pm, Kosovo local time Proposals Submission Due Date: March 9, 2020 at 9 am, Kosovo local time.

SUBJECT: Request for Proposal (RFP) SOL#72016720R00004 Justice Activity in Kosovo

Dear Prospective Offeror:

The United States Government, represented by the U.S Agency for International Development (USAID), through the Regional Contracting Office in Kosovo, is seeking proposals from qualified organizations to implement Justice Activity in Kosovo, as described in this solicitation. USAID/Kosovo anticipates awarding one hybrid contract as a result of this solicitation covering an estimated period of five (5) years from the date of the award. The principal geographic code for this contract is 937. The North American Industry Classification System (NAICS) code for this acquisition is 541990. This requirement is subject to the availability of funds.

Subject to availability of funds, USAID estimates funding available for this contract up to $12.5 million.

USAID’s intent is to maximize the best value obtainable and is in no way obligated to make an award within the maximum estimated amount. Offerors should not strive to meet the maximum amount; rather, offerors should propose the best technical/management solution, and costs that are appropriate, realistic and reasonable, and in accordance with the proposed approach for achieving the activity objectives.

This procurement will be conducted under full and open competition, pursuant to Part 15 of the Federal Acquisition Regulation (FAR) (48 CFR Chapter 1). All types of organizations are eligible to compete;

USAID encourages the participation to the maximum extent possible of local Kosovar organizations, small business concerns, veteran owned small businesses, service-disabled veteran small businesses, HUB zone small businesses, small disadvantaged businesses, and women-owned small business concerns and small business concerns in this activity as the prime contractor or as subcontractors. USAID discourages the use of exclusive agreements as this limits USAID’s and Kosovo’s ability to receive the best services. This applies to personnel and subcontractors, international and local organizations.

Only electronic proposals will be accepted. Any questions regarding this solicitation and the proposals must be submitted in via email to Dukagjin Hasani at: dhasani@usaid.gov and Nadeem Shah at:

nshah@usaid.gov by the date and time specified above. If your organization decides to submit a proposal in response to this solicitation, detailed requirements for Offerors’ proposals are outlined in Section L of this solicitation. Proposals must be signed by an official who is authorized to bind the organization and are to be submitted to USAID no later than the closing date and time stated above.

mailto:nshah@usaid.gov

72016720R00004

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

1 0

C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

10. FOR

INFORMATION

CALL:

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

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

SOLICITATION

9. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTRS., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

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

I

J

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICES/COSTS

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

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G

F

E

D

C

B

A

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

11. TABLE OF CONTENTS

18. OFFER DATE17. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

15C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

15B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE FACILITY

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

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

14. ACKNOWLEDGEMENT OF AMENDMENTS

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

(See Section I, Clause No. 52.232.8)

13. DISCOUNT FOR PROMPT PAYMENT

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

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

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

OFFER (Must be fully completed by offeror)

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

28. AWARD DATE

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

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

ITEM

(4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

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

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

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

AWARD (To be completed by government)

CODE

REQ-167-20-00001501/29/2020

X

720167

USAID/Kosovo Regional Contracting Office Rr. 4 KORRIKU Nr. 25, Arberia, Pristina, Kosovo 10000

0900 A 03/09/2020

Dukagjin Hasani dhasani@usaid.gov

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PAGE(S)

Nadeem Shah

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

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

1-3 7-11

15-22 23-25 26-40

41-49

51-68

69-79

80-84

12. In compliance with the above, the undersigned agrees, if this offer is accepted within _____0_________ calendar days (60 calendar days unless a different period is inserted

SOL#72016720R00004

Justice Activity in Kosovo

Contents

PART I – SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PURPOSE

B.2 CONTRACT TYPE

B.3 ESTIMATED COST, FEE, AND OBLIGATED AMOUNT

B.4 PRICE SCHEDULE

B.5 INDIRECT COST

B.6 ADVANCE UNDERSTANDINGS ON CEILING INDIRECT COST RATES AND FINAL

REIMBURSEMENT FOR INDIRECT COSTS

B.7 COST REIMBURSABLE

B.8 PAYMENT OF FEE

B.9 MULTI-YEAR CONTRACT AND CANCELLATION CEILING

SECTION C – STATEMENT OF WORK

SECTION D – PACKAGING AND MARKING

D.1 AIDAR 752.7009 MARKING (JAN 1993)

D.2 BRANDING

SECTION E – INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

E.2 INSPECTION AND ACCEPTANCE

SECTION F – DELIVERIES AND PERFORMANCE

F.1 NOTICE LISSTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

F.2 PLACE OF PERFORMANCE

F.3 PERIOD OF PERFORMANCE

F.4 PERFORMANCE STANDARDS

F.5 KEY PERSONNEL

F.6 REPORTS AND DELIVERABLES OR OUTPUTS

F.7 DISTRIBUTION OF PROJECT MATERIALS, PARTICIPATION PARTNER MEETINGS

AND PUBLIC EVENTS

F.8 SUBMISSION REQUIREMENTS FOR DEVELOPMENT EXPERIENCE DOCUMENTS

(Sept 2013)

SECTION G – CONTRATC ADMINISTRATION DATA

G.1 ADMINISTRATIVE CONTRACTING OFFICE

G.2 CONTRACTING OFFICER'S AUTHORITY

G.3 CONTRACTING OFFICER'S REPRESENTATIVE (COR)

G.4 TECHNICAL DIRECTIONS/RELATIONSHIP WITH USAID

G.5 PAYMENT AND INVOICES

G.6 ACCOUNTING AND APPROPRIATED DATA

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

H.2 FOREIGN GOVERNMENT DELEGATIONS TO INTERNATIONAL CONFERENCES

H.3 AIDAR 752.225-70 SOURCE AND NATIONALITY REQUIREMENTS (FEB 2012)

H.4 INSURANCE AND SERVICES

H.5 AIDAR 752.228-70 MEDICAL EVACUATION (MEDEVAC) SERVICES (JULY 2007)

H.6 AUTHORIZED GEOGRAPHIC CODE

H.7 LOGISTIC SUPPORT

H.8 EXECUTIVE ORDER ON TERRORISM FINANCING

H.9 PROHIBITION AND ASSISTANCE TO DRUG TRAFFICKING

H.10 752.7007 PERSONNEL COMPENSATION (JUL 2007)

H.11 ADDITIONAL REQUIREMENTS FOR PERSONNEL COMPENSATION

H.12 LANGUAGE REQUIREMENTS

H.13 CONFIDENTIALITY AND OWNERSHIP OF INTELLECTUAL PROPERTY

H.14 CONSENT TO SUBCONTRACTS

H.15 INTERNATIONAL TRAVEL APPROVAL

H.16 GOVERNMENT FURNISHED FACILITIES OR PROPERTY

H.17 ENVIRONMENTAL COMPLIANCE AND REQUIREMENTS

H.18 USAID IMPLEMENTATION OF SECTION 508 OF THE REHABILITATION ACT OF 1973

AND FEDERAL ACQUISITION CIRCULAR (FAC) 97-27 "ELECTRONIC AND INFORMATION

TECHNOLOGY ACCESSIBILITY

H.19 ADS 302.3.5.9 NONDISCRIMINATION (JUNE 2012)

H.20 USAID DISABILITY POLICY - ACQUISITION (DECEMBER 2004)

H.21 ADS 302.3.5.17 LIMITATION ON SUBCONTRACTING TO NON-LOCAL ENTITIES

(JULY 2014)

H.22 ADS 302.3.5.21 USAID IMPLEMENTING PARTNER NOTICES (IPN) PORTAL FOR

ACQUISITION (JULY 2014)

H.23 ADS 302.3.5.19 USAID-FINANCED THIRD-PARTY WEB SITES (AUG 2013)

H.24 ADS 302.3.5.22 SUBMISSION OF DATASTS TO DEVELOMENT DATA LIBRARY (OCT

2014) 37

H.25 ELECTRONIC PAYMENTS SYSTEM

H.26 ADS 302.3.5.5 REPORTING OF FOREIGN TAXES (JULY 2007)

PART II CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

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

I.3 FAR 52.204-23, PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE,

AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED

ENTITIES (JULY 2018)

I.4 FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

I.5 FAR 52.229-8 TAXES – FOREIGN COST-REIMBURSEMENT CONTRACTS (MAR 1990)

I.6 FAR 52.247-67, SUBMISSION OF TRANSPORTATION DOCUMENTS FOR AUDIT (FEB

2006) 46

I.7 AIDAR 752.7013 CONTRACTOR-MISSION RELATIONSHIPS (JUNE 2018)

I.8 AIDAR 752.7032, INTERNATIONAL TRAVELAPPROVAL AND NOTIFICATION

REQUIREMENTS (APR 2014)

I.9 AIDAR 752.7037 CHILD SAFEGUARDING STANDARDS (AUG 2016)

I.10 FAR 52.252-2, CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

PART III LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J – LIST OF ATTACHMENTS

PART IV REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFERORS

K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

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

K.3 FAR 52.204-8, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2018)

K.4 FAR 52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016)

K.5 FAR 52.209-5, CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

K.6 FAR 52.209-7, INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) . 58

K.7 FAR 52.209-11 REPRESENTATION BY CORPORATION REGARDING DELINQUENT

TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDRAL LAW (FEB 2016)

K.8 FAR 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS-

CERTIFICATION (JUNE 2018)

K.9 FAR 52.219-1, SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2014)

K.10 FAR 52.222-22, PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)

K.11 FAR 52.222-25, AFFIRMATIVE ACTION COMPLIANCE (APR 1984)

K.12 FAR 52.230-1, COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION

(OCT 2015)

K.13 FAR 52.230-7, PROPOSAL DISCLOSURE--COST ACCOUNTING PRACTICE CHANGES

(APR 2005)

K.14 SIGNATURE

SECTION L – INSTRUCTIONS TO OFFERORS

L.1 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998) 69

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

L.3 FAR 52.233-2 SERVICE OF PROTEST (SEP 2006)

L.4 GENERAL INSTRUCTIONS TO OFFERORS

L.5 SUBMISSION/DELIVERY INSTRUCTIONS

L.6 GENERAL INSTRUCTIONS FOR THE PREPARATION OF THE TECHNICAL

PROPOSAL

L.7 TECHNICAL APPROACH

L.8 PERSONNEL AND MANAGEMENT APPROACH

L.9 INSTRUCTIONS FOR THE PREPARATION OF THE COST PROPOSAL

SECTION M – EVALUATION CRITERIA

M.1 GENERAL INFORMATION

M.2 TECHNICAL EVALUATION CRITERIA

M.3 TECHNICAL APPROACH

M.4 PERSONNEL AND MANAGEMENT APPROACH

M.5 ORAL PRESENTATIONS

M.6 EVALUATION OF PAST PERFORMANCE

M. 7 COST PROPOSAL EVALUATION

M.8 DETERMINATION OF COMPETITIVE RANGE

M.9 SOURCE SELECTION

PART I – SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PURPOSE

The purpose of the Justice Activity is a more responsive justice system capable of providing people access to quality services and multiple means to solve their justice needs and every day legal problems to generate greater public trust in the justice system and the rule of law.

B.2 CONTRACT TYPE

This is a Hybrid Contract type as set forth in FAR 16.102(b), consisting of following Contract Line Item Numbers (CLINs): Cost Plus Fixed Fee (CPFF) completion type Contract for CLIN 0001 and Cost Plus Award Fee (CPAF) type Contract for CLIN 0002, for an estimated duration of five (5) years. For the consideration set forth below, the contractor shall provide the deliverables or outputs described in Sections C, and F, and comply with all contract requirements, for each CLIN as follows:

CLIN 0001: Cost Plus Fixed Fee (CPFF) completion type Contract:

The contractor must furnish all personnel, material, equipment, supplies, facilities, and services and perform all activities necessary for the performance of work described under the Objective 1 and Objective 2 in Sections C.

CLIN 0002: Cost Plus Award Fee (CPAF) type Contract:

The contractor must furnish all personnel, material, equipment, supplies, facilities, and services and perform all activities necessary for the performance of work described under the Objective 3 in Sections C, including contract requirements set forth in the Award Fee Plan in Section J.

B.3 ESTIMATED COST, FEE, AND OBLIGATED AMOUNT

a) Total Estimated Cost:

i. CLIN 0001:

The estimated cost for the performance of the work required hereunder under the CLIN 0001 exclusive of Fixed Fee, is $ TBD.

ii. CLIN 0002:

The estimated cost for the performance of the work required hereunder under the CLIN 0002 exclusive of Award Fee, is $ TBD.

b) Fee

i. Fixed Fee $ TBD by the offeror

ii. The maximum award fee pool, is $ TBD by the offeror

c) Obligated amount

1) Within the estimated cost specified in paragraph a) plus fixed fee specified in paragraph b)i.

above , the amount currently obligated and available for reimbursement of allowable costs incurred by the contractor and payment of base fee, for performance hereunder is $ TBD. The Contractor must not exceed the aforesaid obligated amount.

2) Funds obligated hereunder are anticipated to be sufficient through $ TBD.

B.4 PRICE SCHEDULE

Budget Summary Cost Category Total

CLIN 0001

Total Direct Costs TBD Total Indirect Costs TBD

Total Estimated Cost TBD Fixed Fee TBD

CLIN 0001 TEC Plus Fixed Fee TBD

CLIN 0002

Total Direct Costs TBD Total Indirect Costs TBD

Total Estimated Cost TBD Award Fee TBD

CLIN 0002 TEC Plus Award Fee TBD Total Estimated Cost Plus Fee TBD

These amounts may not be adjusted without a written modification signed by the Contracting Officer. The contractor will not bill any amounts against this contract in excess of the amounts specified for each line item as illustrated above.

B.5 INDIRECT COST

Pending establishment of revised provisional or final indirect cost rates, allowable indirect costs shall be reimbursed on the basis of the following negotiated provisional or predetermined rates and the appropriate bases:

Description Rate Base Type Period

% 1/ 1/ 1/ % 2/ 2/ 2/ % 3/ 3/ 3/

1/Base of Application:

Type of Rate:

Period:

2/Base of Application:

Type of Rate:

Period:

3/Base of Application:

Type of Rate:

Period:

B.6 ADVANCE UNDERSTANDINGS ON CEILING INDIRECT COST RATES AND FINAL

REIMBURSEMENT FOR INDIRECT COSTS

(a) Reimbursement for indirect costs shall be at the lower of the negotiated final (or predetermined) rates or the following ceiling rates:

Description Rate Base Period

% 1/ 1/ % 2/ 2/ % 3/ 3/

1/ Base of Application:

Period:

2/ Base of Application:

Period:

3/ Base of Application Period

(b) The Government will not be obligated to pay any additional amount should the final indirect cost rates exceed the negotiated ceiling rates. If the final indirect cost rates are less than the negotiated ceiling rates, the negotiated rates will be reduced to conform to the lower rates.

(c) This understanding shall not change any monetary ceiling, obligation, or specific cost allowance or disallowance. Any changes in classifying or allocating indirect costs require the prior written approval of the Contracting Officer.

B.7 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 § 52.232-22 “Limitation of Funds,” if applicable, and AIDAR 752.7003, “Documentation for Payment.”

B.8 PAYMENT OF FEE

1) Fixed Fee

a) USAID will pay 85% of the fixed fee each month pursuant to FAR § 52.216-7 and FAR § 52.216- 8, upon the receipt of an invoice deemed proper by the USAID/Kosovo Financial Management Office. USAID will pay all fee withholds under this contract after receipt of an adequate certified final indirect cost rate proposal covering the year of physical completion of this contract, provided the Contractor has satisfied all other contract terms and conditions.

b) 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.

2) Award Fee

1) The maximum award fee pool for this contract is $TBD and it is not part of the total estimated cost plus base fee. The Contractor may earn and be paid all or a portion of an award fee for performance under this contract. The Government's purpose in granting an award fee is to encourage and reward superior contract performance.

2) The award fee shall be made available to the Contractor for each evaluation period; the table below reflects evaluation periods, estimated available award fee and actually earned award fee for each evaluation period.

Period of Performance

Evaluation Period*

(Start/End date)

Estimated Percentage of Award Fee Available

Estimated Amount of Award Fee Available

Actually Earned Award Fee Amount

First Evaluation Period (End of the Year 2)

/2020 - /2022

TBD

Second Evaluation Period (End of the Year 4)

/2022 - /2024

Maximum Award Fee Available

100%

*Exact dates of each Evaluation Period will be determined upon contract award.

3) The determination of the award fee earned by the Contractor and payment of award fee, if any, shall be in accordance with the terms of the Award Fee Plan in Section J.

4) In the end of each evaluation period, the contract shall be modified in order to increase the total estimated cost to add the award fee amount earned for the respective evaluation period and the contractor can invoice for the earned amount as soon as the modification is completed.

5) Unearned award fee cannot rollover from one award fee evaluation period to the next evaluation period.

6) Payment of any award fee earned by the Contractor shall not be subject to the withholding provisions of the clause of this contract entitled "Allowable Cost and Payment" (FAR 52.216-7) clause.

The paying office is USAID/Kosovo, Financial Management Office, as specified in Section G.5.

B.9 MULTI-YEAR CONTRACT AND CANCELLATION CEILING

This contract is considered non-severable and is therefore a multi-year contract as defined in FAR 17.103.

Therefore, this contract is subject to the requirements of FAR 17.106.

a) Performance under this contract during the second and subsequent years is contingent upon the appropriation of funds. All program years except the first are subject to cancellation. Cancellation shall occur by the dates specified below if the Contracting Officer:

1. notifies the Contractor that funds are not available for contract performance for any subsequent program year or

2. fails to notify the Contractor that funds are available for performance of the succeeding activity year.

b) Cancellation Ceiling:

This is a CPAF type contract where the Contractor is authorized to be reimbursed for all costs which are allowable in accordance with FAR 52.216-7, “Allowable Costs and Payment.” Therefore, the Contractor will not incur any costs which would have been amortized over the life of the contract should the contract be cancelled in accordance with FAR 52.217-2. The Government’s liability for cancellation charges shall not exceed $TBD. This amount will be reduced in accordance with FAR 17.106-1(c)(1) at the conclusion of each program year, as follows:

Activity Year Cancellation Date Cancellation Ceiling Year 1: 2020/2021 N/A N/A Year 2: 2021/2022 DATE TBD, 2021 $TBD Year 3: 2022/2023 DATE TBD, 2022 $TBD Year 4: 2023/2024 DATE TBD, 2023 $TBD Year 5: 2024/2025 DATE TBD, 2024 $TBD

[END OF SECTION B]

SECTION C – STATEMENT OF WORK

[USAID will insert the contractor’s Statement of Work (SOW) at award; see SECTION J, ATTACHMENT 1 – Statement of Objectives (SOO) that informs the development of Section C.]

[END OF SECTION C]

SECTION D – PACKAGING AND MARKING

D.1 AIDAR 752.7009 MARKING (JAN 1993)

(a) It is USAID policy that USAID-financed commodities and shipping containers, and project construction sites and other project locations be suitably marked with the USAID emblem. Shipping containers are also to be marked with the last five digits of the USAID financing document number. As a general rule, marking is not required for raw materials shipped in bulk (such as coal, grain, etc.), or for 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

When applicable, the Contractor must comply with the requirements of the policy directives and required procedures outlined in USAID Automated Directive System (ADS) 320.3.2 “Branding and Marking in USAID Direct Contracting” at http://www.usaid.gov/policy/ads/300/320.pdf; and USAID “Graphic Standards Manual” available at http://www.usaid.gov/branding/, or any successor branding policy.

Note: USAID receives “exclusive branding and marking” for the work conducted under all acquisition awards. This means that the foreign assistance delivered is clearly credited to the American people. It also means that competing logos or identities are excluded unless otherwise indicated in the award (Contract).

[USAID will insert the contractors Branding Strategy and Marking Plan for Justice Activity as an attachment in Section J of the contract at award.]

[END OF SECTION D]

http://www.usaid.gov/policy/ads/300/320.pdf http://www.usaid.gov/branding/

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 “52.232-2 CLAUSES INCORPORATED BY REFERENCE” in Section I of this contract. See the following address (https://www.acquisition.gov/far/) for electronic access to the full text of a FAR clause.

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

NUMBER TITLE DATE

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 the principal place of performance 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.

[END OF SECTION E]

https://www.acquisition.gov/far/

SECTION F – DELIVERIES AND PERFORMANCE

F.1 NOTICE LISSTING 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 “52.232-2 CLAUSES INCORPORATED BY REFERENCE” in Section I of this contract. See the following address (https://www.acquisition.gov/far/) for electronic access to the full text of a FAR clause.

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

NUMBER TITLE DATE

52.242-15 STOP WORK ORDER ALTERNATE I AUG 1989

F.2 PLACE OF PERFORMANCE

The place of performance under this contract is Republic of Kosovo.

F.3 PERIOD OF PERFORMANCE

The period of performance for this contract is five (5) years, from TBD to TBD.

F.4 PERFORMANCE STANDARDS

Evaluation of the contractor's performance must be conducted in accordance with the performance standards set forth in the contract, the Contractor's overall performance toward achievement of the objectives in Section C and provision of deliverables in Section F, and the Contractor's compliance with all other terms and conditions of the contract. Each evaluation will be conducted jointly by the COR and the CO and must form the basis of the Contractor's permanent performance record with regard to this contract as required in FAR Part 42.15 and AIDAR 742.15.

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

1) Technical (quality of product or service).

2) Cost control (not applicable for firm-fixed-price or fixed-price with economic price adjustment arrangements).

3) Schedule/timeliness.

4) Management or business relations.

5) Small business subcontracting (as applicable).

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

F.5 KEY PERSONNEL

(a) The contractor must furnish the following positions deemed key personnel for the performance of this contract.

https://www.acquisition.gov/far/

No. Key Personnel Position 1 Chief of Party 2 Deputy Chief of Party

3 TBD

4 TBD

5 TBD

(b) 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.

(c) 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.

(d) The contractor must immediately notify the contracting officer and the COR of any key personnel’s departure and the reasons, therefore.

(e) 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.

(f) The contractor must not replace any of the key personnel without the written consent of the contracting officer and the COR whether provided in advance or by ratification.

(g) USAID reserves the right to adjust the level of key personnel during the performance of this contract.

(h) Key personnel under this award may be replaced with written approval of the Contracting Officer based on the responsibilities, qualifications and experience as stated below.

(Offeror will propose not more than five (5) key position including requirements and responsibilities for each key position that will be incorporated in this section up on contract award)

F.6 REPORTS AND DELIVERABLES OR OUTPUTS

In accordance with AIDAR clause 752.242-70, Periodic Progress Reports, the Contractor shall submit reports, deliverables or outputs as further described below to the COR. The cover page of all reports prepared by the Contractor, pursuant to AIDAR 752.242-70, 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 the COR, and the publication or issuance date of the report. The Contractor shall be responsible for delivery of draft reports, schedules, plans, and other documents that are described below. All written documents must be submitted in plain, grammatically correct English in electronic (soft) copy. Reports shall be prepared in a format consistent with USAID reporting requirements, to be mutually agreed upon by COR and the Contractor.

The contractor shall provide the following plans and reports:

a) MOBILIZATION PLAN

The Contractor shall submit a Mobilization Plan as part of the proposal. The Mobilization Plan shall include a plan for a start-up of activities covering the first 90 days of the contract as outlined in Section C of the

Statement of Work (SOW). Once the contract has been awarded, the COR will review it and provide comments within 15 days of the award effective date. The Contractor shall revise and submit the revised Mobilization Plan no later than 15 days after receipt of comments. If acceptable, the USAID COR will provide a written approval of the final mobilization plan to the Contractor.

b) ANNUAL WORK PLANS

Within 60 days following the award effective date, the contractor must submit the first annual work plan to COR for review and approval. Annual work plan shall indicate implementation processes and schedules, projected results, indicators and targets and project costs associated with the activities as outlined in Section C of the SOW. COR will provide written comments to the Contractor. The work plan must also clearly identify, and present results expected, by each task, bi-annually. The Contractor shall revise and submit the revised work plan no later than 15 days after receipt of comments. If acceptable, the USAID COR will provide a written approval of the final work plan to the Contractor. Failure to have an approved work plan in place may be viewed as a failure to comply with essential terms and conditions of the award.

Subsequent annual work plans are due no later than 30 days before the anniversary of the award effective date. These plans should follow the same format as the initial work plan.

c) MONITORING EVALUATION AND LEARNING PLAN (MELP)

The Contractor is required to have a Monitoring, Evaluation and Learning (MEL) Plan, which includes an Adaptive Management. The MEL Plan should emphasize the systematic process of collecting and analyzing performance data and other information to track progress toward planned results and must be used to proactively learn and adapt for future interventions as specified in the section C of the SOW.

As a part of the initial work plan, the Contractor shall provide a MEL plan for COR approval that allows for documenting implementation progress against specified performance indicators and related targets and benchmarks. The MEL plan will include indicators for the overall performance period as well as for each year. Appropriate consideration/indicators for youth, gender and environment are required. The Contractor will utilize performance indicators to measure the results for each project components and establish baseline measurements to assess the impact of proposed interventions as well as data sources and collection methods.

The MEL plan reflects the award progress over the life of the activity and is a critical tool for planning, managing, documenting, evaluating performance, and learning. The MEL should be reviewed and validated annually and revised if appropriate.

d) QUARTERLY PERFORMANCE REPORTS (maximum 20 pages)

Quarterly performance reports must be submitted to the COR for review and approval, 15 calendar days after the end of each fiscal year quarter, reflecting results and interventions of the preceding quarter.

Quarterly performance reports will present progress on all activities and will include the following information at a minimum:

• Outline of project purpose and project approach;

• Description of significant events during the reporting period;

• Status of each of activities and tasks as defined in the Work Plan;

• Status of overall project progress per impact indicators as defined in the Work Plan and the performance monitoring plan;

• Reporting on Elements of MELP;

• List of reports/deliverables completed in the reporting period;

• Performance problems during the reporting period;

• List of major activities planned for next quarter including indicators and associated targets;

• Any relevant information that has affected or will affect project progress.

The fourth Quarterly Performance Report is not required. The Annual Report will take the place of the fourth Quarterly Performance Report.

e) QUARTERLY FINANCIAL REPORT

Quarterly financial reports must be submitted to COR, 15 calendar days after the end of each fiscal year quarter. Quarterly financial reports should be disaggregated by element level and contain, at a minimum:

• Total funds awarded to date by USAID into the contract;

• Total funds previously reported as expended by contractor by main line items;

• Total funds expended in the current quarter by the contractor by main line items;

• Total un-liquidated obligations by main line items;

• List of the significant expenses incurred during the period;

• Projected expenditures for next quarter

The contractor is solely responsible for not exceeding obligated amounts and is reminded of the required notification to the CO as to the percentage of funds expended against the total obligated and available amount as set forth in FAR § 52.232-22 “Limitation of Funds.”

f) QUARTERLY ACCRUAL REPORT

Quarterly accrual reports must be submitted to COR 10 calendar days before the end of each fiscal year quarter, and shall include contractual information pertaining to the following:

• Total Estimated Cost remaining in the contract;

• Unliquidated balance in the contract;

• Accrual amount;

• Estimated Pipeline amount

If needed the COR will provide a template for the contractor to follow.

Quarterly performance and financial reports schedule for submission:

USG Fiscal Year Q1: October 1– December 31 Quarterly reports due date January 15 USG Fiscal Year Q2: January 1 – March 31 Quarterly reports due date April 15 USG Fiscal Year Q3: April 1 – June 30 Quarterly reports due date July 15 USG Fiscal Year Q4: July 1 – September 30 Q4 included in the Annual report; due date October 30

g) ANNUAL REPORTS

The contractor must prepare and submit to the USAID COR an annual report within 30 calendar days after the end of each fiscal year and annually thereafter (unless a different annual schedule is provided by USAID), for each authorized year of performance. Annual reports will summarize activities and results during the year in relation to the approved Work Plan and should not exceed 50 pages. The report should contain an executive summary and the following, at a minimum:

• Progress (activities completed, benchmarks achieved, performance standards completed -indicator table using format provided by COR shall form part of the report)) since the last report by program area;

• Problems encountered and whether they were solved or are still outstanding;

• Proposed solutions to new or ongoing problems;

• Success stories (if available) and a brief analysis on the general economic context;

• Documentation of best practices that can be taken to scale; and

• Environmental Status Report (ESR) section based on the approved IEE and EMMP (if required).

h) WEEKLY REPORTS

The Contractor will prepare and submit to the USAID COR a weekly report every week on a day agreed between the Contractor and COR.

i) CONSULTANT REPORTS

Unless otherwise directed to in writing by the COR, the contractor must provide within 10 calendar days following the departure of a consultant, a written report no more than 5 pages, that describes but not limited to the following:

• the purpose of the consultancy, progress made, and any observation to be shared;

• identifies issues and/or problems encountered; and

• details expected follow-on interventions, as well as actions to be performed by counterparts.

j) DEMOBILIZATION PLAN

Not less than four months prior to the completion date of the contract, the Contractor must submit a Demobilization Plan.

The Plan will include, at a minimum, an illustrative Property Disposition Plan addressing all requirements under contractual and local law for the transfer of property; a plan for the phase out of in-country operations;

a delivery schedule for all reports or other deliverables required under the award; and a timeline for completing all required actions in the Demobilization Plan, including the submission date of the final Property Disposition Plan to the Contracting Officer. Both the illustrative and final Property Disposition Plans shall include the inventory schedule required by FAR 52.245-5, a plan for the disposition of property to eligible parties and a timeline for the disposition of such property and closeout of Grant activities. In addition, the contractor will describe how all required prime and sub-award audits will be conducted after the demobilization of the contractor. The Demobilization Plan shall be approved in writing by the Contracting Officer.

k) FINAL REPORT

A draft final report shall be provided not less than thirty (30) days prior to the end of the award period.

USAID will provide written comments concerning the accuracy and completeness of the report to the Contractor. The Contractor will revise and submit the final report no later than 15 days after receipt of comments.

The final report shall provide a summary description of all work performed under the award and a substantive discussion of results achieved (as measured by performance indicator). The final report should include the final status of each component objective, the status of indicators relative to the established targets, lessons learned, discussion of the issues and challenges that emerged during project implementation, ways to resolve any constraints identified, any opportunities for further refinement, enhancement, logical extension, or expansion of the completed work and how it fits into USAID's strategic objectives and any perceived problems, vulnerabilities, or weaknesses in the assistance provided, with recommendations for addressing the identified weaknesses.

The final report shall also contain an index of all reports and informational products produced under this contract.

The contractor must comply with the below schedule for the submission of each report listed below.

No. Reporting Requirement Submission Date

Mobilization Plan

With the proposal; COR’s comments, 15 calendar days after the award.

Annual Work Plan

Within 60 calendar days from the start date of the contract and subsequent annual work plans are due no later than 30 days before the beginning of succeeding years. The plan will be considered final once approved by the COR.

Monitoring Evaluation and Learning Plan (MELP)

Within 60 calendar days from the start date of the contract. The plan will be considered final once approved by the COR.

4 Quarterly Performance Reports 15 calendar days after the end of each fiscal year quarter

5 Quarterly Financial Reports 15 calendar days after the end of each fiscal year quarter

6 Quarterly Accrual Reports 10 calendar days before the end of each fiscal year quarter

7 Annual Reports 30 calendar days after the end of the year

Demobilization Plan (Including Grants closeout)

Four months prior to the completion date of the contract

Final Report

Within 30 calendar days from the end date of the contract

Weekly Reports

Every week on a day agreed between the Contractor and COR.

Consultant Reports

Within 10 calendar days following the departure of a consultant

F.7 DISTRIBUTION OF PROJECT MATERIALS, PARTICIPATION PARTNER

MEETINGS AND PUBLIC EVENTS

1) No activity materials can be distributed without prior submission and approval from USAID. Requests for activity materials from GoK, donors, Embassies, or major private partners are to be directed to the COR for approval to distribute.

2) All activity materials shall have proper USAID branding and accompanied with a disclaimer stating that the materials have been produced by the activity for USAID according to the specifications provided by USAID. The Contractor shall track and report all requests for materials and materials distributed in their quarterly reports.

3) The Contractor shall not substitute USAID presenting the project, participating in meetings and public discussions, and interacting otherwise with project stakeholders, partners and counterparts. In all its public communications, discussions, and statements the Contractor should be clear about the fact that this activity is implemented by USAID through the Contractor.

4) The Contractor shall seek COR concurrence for its meetings with other Donor Institutions and with GoK officials of department head level and above. The Contractor shall ensure that COR is informed about meeting requests well in advance to be able to plan for USAID participation.

5) When invited to participate and present at public events such as conferences, roundtables, workshops, seminars, other meetings outlined in (4) above, the Contractor shall make its best effort to ensure appropriate USAID representation and role at such meetings. The Contractor shall be responsible for inviting USAID representatives through the COR to such meetings and events and providing them with appropriate activity background information, presentation materials and talking points. Only when USAID representatives are not able to participate and present at such public events and meetings, and/or when the COR explicitly authorizes the Contractor to do so, the latter can participate in such public events and meetings on its own and make presentations and statements on behalf of the Activity.

6) No funds will be used to pay the costs for participation of another country’s delegation at an international conference held under the auspices of multilateral or international organizations.

Data:

1) The Contractor and all sub-awardees shall provide to the COR data collected throughout the Activity.

2) Reasonable effort should be made to have the data in Microsoft Excel format and in English.

F.8 SUBMISSION REQUIREMENTS FOR DEVELOPMENT EXPERIENCE DOCUMENTS

(Sept 2013)

(a) Contract Reports and Information/Intellectual Products.

(1) Within thirty (30) calendar days of obtaining the contracting officer representative's approval, the contractor must submit to USAID's Development Experience Clearinghouse (DEC) one copy each of reports and information products which describe, communicate or organize program/project development assistance activities, methods, technologies, management, research, results and experience. These reports include: Assessments, evaluations, studies, technical and periodic reports, annual and final reports, and development experience documents (defined as documents that:

(i) Describe the planning, design, implementation, evaluation, and results of development assistance; and

(ii) Are generated during the life cycle of development assistance programs or activities.) The contractor must also submit copies of information products including training materials, publications, videos and other intellectual deliverable materials required under the Contract Schedule. The following information is not to be submitted:

(A) Time-sensitive materials such as newsletters, brochures or bulletins.

(B) The contractor's information that is incidental to award administration, such as financial, administrative, cost or pricing, or management information.

(2) Within thirty (30) calendar days after completion of the contract, the contractor must submit to the

DEC any reports that have not been previously submitted and an index of all reports and information/intellectual products referenced in paragraph (a)(1) of this clause.

(b) Submission requirements. The contractor must review the DEC Web site for the most up-to-date submission instructions, including the DEC address for paper submissions, the document formatting and the types of documents to be submitted. The submission instructions can be found at:

https://dec.usaid.gov.

(1) Standards.

(i) Material must not include financially sensitive information or personally identifiable information (PII) such as social security numbers, home addresses and dates of birth. Such information must be removed prior to submission.

(ii) All submissions must conform to current USAID branding requirements.

(iii) Contract reports and information/intellectual products can be submitted in either electronic

(preferred) or paper form. Electronic documentation must comply with Section 508 of the Rehabilitation Act of 1973.

(iv) The electronic submissions must consist of only one electronic file, which comprises the complete and final equivalent of the paper copy.

(v) Electronic documents must be in one of the National Archives and Records Administration (NARA)-approved formats as described in NARA guidelines related to the transfer of permanent E-records. (See http://www.archives.gov/recordsmgmt/initiatives/transfer-to-nara.html).

(2) Essential bibliographic information. Descriptive information is required for all contractor products submitted. The title page of all reports and information products must include the contract number(s), contractor name(s), name of the USAID contracting officer's representative, the publication or issuance date of the document, document title, (if non-English, provide an English translation of the title), author name(s), and development objective or activity title (if non-English, provide a translation) and associated number, and language of the document (if non-English). In addition, all hard copy materials submitted in accordance with this clause must have, attached as a separate cover sheet, the name, organization, address, telephone number, fax number, and internet address of the submitting party.

[END OF SECTION F]

https://dec.usaid.gov/ http://www.archives.gov/recordsmgmt/initiatives/transfer-to-nara.html http://www.archives.gov/recordsmgmt/initiatives/transfer-to-nara.html

SECTION G – CONTRATC ADMINISTRATION DATA

G.1 ADMINISTRATIVE CONTRACTING OFFICE

The Contracting Office is located at:

Embassy of the USA/USAID/Kosovo Regional Contracting Office Rr. 4 KORRIKU Nr. 25, Arberia, Pristina, Kosovo 10000

G.2 CONTRACTING OFFICER'S AUTHORITY

The Contracting Officer is the only person authorized to make or approve any changes in the requirements of this Contract and notwithstanding any provisions contained elsewhere in this Contract, the said authority remains solely in the Contracting Officer. In the event the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustment shall be made in the contract terms and conditions, including price.

G.3 CONTRACTING OFFICER'S REPRESENTATIVE (COR)

The Democracy and Governance Office (DGO) shall provide technical oversight to the Contractor through the designated COR. The COR is: TBD

G.4 TECHNICAL DIRECTIONS/RELATIONSHIP WITH USAID

(a) Technical Directions is defined to include:

(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 technical portions of the work statement;

(3) Review and, where required, provide written approval of technical reports, 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 COR is authorized by designation 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 shall be signed as "Cognizant Technical Officer" with a copy furnished to the Contracting Officer.

(4) Issue written interpretations of technical requirements in the scope of work.

(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.

This includes compliance with USAID and host countries’ environmental regulations.

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