Amendment 1_Solicitation 72016721R00002_Property Governance Activity.pdf

(x)

72016721R00002 x x copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR

OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

20521

720167

20521 Washington DC 3820 Pristina Place

USAID/Kosovo

02/24/20210001

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

02/24/2021

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The purpose of this amendment is to:

1. Provide answers to the questions submitted by interested offerors.

2. Delete Section H.21 "Limitation on Subcontracting to Non-Local Entities" in the RFP.

The above are attached to this amendment.

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

Chad Berkowitz

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

REQ-167-21-000002

Questions and Answers (Q&A)

Q.1 Would USAID kindly confirm the ranking of importance in terms of evaluation criteria between the Phase I Technical Approach, the Phase II Management Approach and

Capability, and the Phase II Past Performance sections?

A.1 USAID confirms that the following evaluation criteria, the Phase I Technical Approach and the Phase II Management Approach and Capability, and the Past Performance are of equal importance.

Q.2 Would USAID clarify at what point the Offer must propose selected municipalities? Must the Offer mention selected municipalities in its Phase I Technical Proposal, or in the

Mobilization Plan required as part of Phase II, or simply include the criteria in these documents in anticipation of municipalities being identified after contract award?

A.2 During Phase I, in the Technical proposal, the Offeror must propose the selection criteria, which will be utilized to identify the initial and subsequent municipalities. While in Phase II, the Mobilization plan should include the plan of the start-up activities that will be implemented in municipalities selected in accordance with the proposed selection criteria developed during Phase I.

Q.3. Can USAID please confirm that the first expected result of Objective 1 “Improved municipal capacities for property management” refers to municipal capacities for managing property right processes serving citizens – such as registration and inheritance processes – and not the capacity of municipalities in managing property owned by the

Municipality?

A.3 Correct. Objective 1 refers to municipal capacities for managing property right processes serving citizens. But, since all three objectives of the activity will feed into one another, any innovative ideas that would contribute to the increase of transparency in property rights management systems are welcome. While proposing any innovative ideas to ensure transparency in the cases of the properties owned by the municipalities, the Offeror is encouraged to propose any stand-alone or unique activities that would not overlap with or duplicate other donor activities who are already working on building the capacities of municipalities in managing their own properties.

Q.4 We are looking into the above-mentioned request for proposal but want to confirm our eligibility as a lead firm from the UK or Ireland. The Solicitation document refers to both:

● The principal geographic code being 937, meaning that eligible countries include the United States, the cooperating/recipient country, and developing countries other than advanced developing countries, and excluding prohibited sources.

● And that “all types of organizations are eligible to compete” under Part 15 of the

Federal Acquisition Regulation (FAR).

Please confirm whether we would be eligible to lead as a UK or Irish entity on this particular request for proposal.

A.4 In accordance with the subject solicitation under Section H.6 (page 28) the authorized geographic code for this award is 937 defined as the United States, the Cooperating

Country (Republic of Kosovo), and developing countries other than advanced developing countries, and excluding prohibited sources. All types of organizations within geographic area code 937 are eligible to compete.

Q.5 What is the estimated length of time anticipated between submission of the Phase I

Technical Proposal and notification to participate in Phase II?

A.5 The anticipated length of time between the submission of the Phase 1 Technical Proposal and the notification to participate is not set in stone or subjected to a definitive timeline.

A good faith estimate of this period of time will be no less than four weeks or so.

Q.6 RFP Section H.11(e), Consultants, on page 30 states, “Unless the consultant is an employee of the contractor, they are considered subcontractors subject to the applicable clauses 52.244-2 requirements.” This language presents significant issues for many offerors, particularly related to NICRAs and Cost Accounting Standards (CAS). NICRAs are approved by USAID’s Overhead, Special Cost, and Closeout Branch Division and require many offerors to treat consultants as short-term personnel and apply relevant indirect costs. Should an Offeror begin to treat consultants as subcontractors and apply subcontractor-related indirect costs, this would be viewed as inconsistent treatment of direct costs across U.S. government-funded contracts and would be in violation of the terms of an offeror’s NICRA and CAS. Further, it is industry standard to treat consultants as short-term personnel. Based on these concerns, would USAID please remove the language requiring offerors to treat consultants as subcontractors so that each offeror may classify consultants according to its own NICRA and CAS?

A.6 The original language in Section H.11(e) remains. The intent is to reflect that any personnel/labor not engaged through an “employer/ee” relationship is subject to

FAR 52.244-2 requirements.

Q.7 It is clear that the Offeror is only to edit the areas highlighted in yellow in the SOO provided as Attachment 1. However, would USAID confirm that the Offeror is to include the non-highlighted language, as is, as part of its proposal submission and within the 25-page limit (see RPF page 71)?

A.7 USAID confirms that the non-highlighted language, as is, should be included as part of the proposal submission within the 25-page limit.

Q.8 Page 6 of Attachment J.6 states that the Mobilization Plan “does count against the 15-page limit.” However, on page 4 of the same attachment, the Mobilization Plan is listed as an annex “not included in the page limit.” Would USAID confirm that the Mobilization

Plan can be included as an annex and that it does not count as part of the page limit?

A.8 USAID confirms, that in accordance with the instructions in Section L.5 of Attachment

J.6, governing Phase II, of the Solicitation, the Mobilization Plan should be submitted as an annex and does not count towards the 15 page limit.

Q.9 Attachment J.6, Section L.4 Phase II Submission/Delivery Instructions (d) Electronic

Submission, states that past performance information is to be included in the technical proposal. However, instructions for the inclusion of past performance information is addressed in L.6, Instructions for the Preparation of Cost/Business Proposal. Please clarify whether past performance information should be included in the technical proposal or the cost proposal.

A.9 USAID confirms that past performance information should be submitted as part of the cost proposal, in accordance with Section L.6 governing the preparation of Cost/Business

Proposal in Phase II of the subject solicitation.

Q.10 If past performance information should be included in the technical proposal, please confirm that it may be included as an annex, which does not count against the page limit.

Q.10 See the answer above to Question No. 9.

Q.11 May the Offeror provide a list of its most relevant contracts that are in CPARS and include a brief explanation of relevance in lieu of Attachment 2, the Past Performance

Information Sheet?

A.11 In accordance with the instructions in Section L.6 of Attachment J.6, governing Phase II, of the Solicitation, the “Past Performance Information Sheet” should be used only for contracts that are not in the Contractor Performance Assessment Reporting System

(CPARS).

Q.12 Please confirm that quality awards may be submitted for relevant contracts that are and are not in CPARS.

A.12 In accordance with the instructions in Section L.6 (d) of Attachment J.6, governing Phase

II of the Solicitation, for contracts not in the Contractor Performance Assessment Reporting

System (CPARS), offerors (including all partners of a joint venture) must use the “Past

Performance Information Sheet” (included as Attachment 2) to list past performance information of the contracts involving similar size and work.

Q.13 Attachment J.6, Section L.6(a), requests an original signature on the SF-33. Since proposals will be submitted electronically, would USAID please confirm that an electronic or scanned signature would be sufficient?

A.13 USAID confirms that an electronic or scanned signature is sufficient to authorize the documents.

Q.14 In the budget template (Attachment 4), USAID has bundled Subcontracts (if any), Grants

(if any), and Consultants (if any) under Other Direct Costs. As the application of indirect costs to these four major cost categories often differs, would USAID permit Offerors to list Subcontracts (if any), Grants (if any), and Consultants (if any) as separate major cost categories in the summary and detailed budgets?

A.14 USAID asks that offerors use the budget template as is, with the major categories as presented in the template.

Q.15 Can USAID confirm that solely in-kind grants to government entities will be allowed under this contract, pursuant to ADS 302.3.4.13?

A.15 Grants under Contracts (GUCs) are intended for civil society organizations. USAID does not anticipate the issuance of GUCs to partner government entities.

Q.16 On page 29-30, under Section H.11 Additional Requirements for Personnel

Compensation, the RFP states “one annual salary increase not more than 3% may be granted after the employee’s completion of each twelve-month period of satisfactory services under the contract. Annual salary increases of any kind exceeding these limitations or exceeding the USAID Contractor Threshold (CST) specified under AIDAR

752.7007 may be granted only with the advance written approval of the Contracting

Officer”.

We respectfully request that the above-mentioned salary restriction be removed from the

RFP as it appears to be inconsistent with AIDAR 752.7007 Personnel Compensation, incorporated in the RFP under Section H.11 (d) which stipulates that personnel compensation be in accordance with the contractor’s established policies, procedures, and practices, with reimbursement subject only to the USAID Contractor Salary Threshold.

The salary restriction above may preclude contractors from following their established policies, procedures, and practices, as required by AIDAR 752.7007.

A.16 Annual salary increases of not more than 3% will remain as stated. This does not preclude the prospective contractor from requesting increases above 3% as specified in the

RFP.

Q.17 The RFP includes Section H.21 Limitation on Subcontracting to Non-Local Entities, which is applicable to solicitations that are only open to local organizations per ADS

302.3.5.17 Awards Limited to Local Competition. We request USAID’s confirmation that Section H. 21 does not apply to this solicitation if U.S.-based and/or international firms and are eligible to respond to this solicitation.

A.17 Section H.21 (page 31) is hereby deleted in the attached Amendment to the Request for

Proposal. Section H.21 does not apply to this solicitation. See Amendment 1 of the RFP.

Q.18. In Attachment 6, Section M.6 Source Selection, Point b you state that "The Government will first determine the eligibility of the technical proposal in Phase I."

We could not find any criteria specifying the eligibility of the technical proposal other than the technical evaluation criteria in the table on page 74 in the document "Solicitation

72016721R00002_Property Governance Activity".

Does the eligibility refer to said table? If not, could you please inform us about the eligibility criteria for the technical proposal.

A.18 Yes, USAID confirms that by eligibility it is referring to the technical evaluation criteria in the table on page 74 of the subject solicitation.

Q.19 In addition, can you please confirm that European entities are eligible as Prime organizations for this bid?

A.19 As per Section H.6 (page 28) of the subject solicitation, the authorized geographic code for this award is 937, which is defined as the United States, the Cooperating Country

(Republic of Kosovo), and developing countries other than advanced developing countries, and excluding prohibited sources.

Q.20 Is it possible to submit a bid for Phase I even if the entity registration process on sam.gov has not yet been completed?

Q.20 Yes. However, the registration process may take a significant time to complete.

Therefore, offerors are encouraged to begin the process early. If an offeror has not fully complied with the registration requirements by the time USAID is ready to make an award, USAID may determine that the offeror is not qualified to receive an award.

March 20, 2021

SUBJECT: Request for Proposal (RFP) SOL No. 72016721R00002 Property Governance Activity

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 provide technical services to implement the Property Governance Activity in Kosovo, as described in Section C of this Request for Proposal (RFP).

USAID/Kosovo anticipates awarding a Cost-Plus-Fixed-Fee, Completion-Type Contract for a maximum of a five (5) year period of performance as a result of this RFP. Subject to availability of funds, USAID anticipates total estimated costs up to $10.5 mill ion. 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.

This procurement will be conducted under full and open competition, pursuant to Part 15 of the Federal Acquisition Regulation (FAR) (48 CFR Chapter 1). Under which, 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.

The Government intends to conduct the evaluation utilizing a Voluntary Down Select Process with two

(2) phases. Please refer to Section L for detailed information regarding the submission requirements for proposals in Phase I and Phase 2.

Action Date Time Electronic Submission Issue Date February 24, 2021

Questions Due Date March 10, 2021 16:00hr Kosovo Time Fiolla Radoniqi at:

fradoniqi@usaid.gov;

and

Dukagjin Hasani at:

dhasani@usaid.gov

Phase I: Proposal Submission Due Date

March 31, 2021 [See Section L.5 (Phase I)]

16:00hr Kosovo Time

Phase II: Proposal Submission Due Date

Will be communicated via the advisory notice.

[See Section L (Phase II) in Attachment J.6]

16:00hr Kosovo Time

Failure to comply with the submission date and time may result in a submission being deemed unacceptable, as such it will not be reviewed or evaluated. Only electronic proposals will be accepted. Any questions regarding this solicitation and the proposals must be submitted via email to the above indicated contacts by mailto:fradoniqi@usaid.gov mailto:dhasani@usaid.gov

SOL No. 72016721R00002 Property Governance Activity the specified date and time. 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.

USAID reserves the right to amend or rescind this solicitation at any time. This solicitation, amendments to this solicitation, and announcement of contract award will be made available through the government point of entry at https://beta.sam.gov/. It is the Offeror’s responsibility to check this site periodically for official updates to this solicitation. Issuance of this solicitation and the submission of a proposal do not constitute a commitment on the part of the U.S. Government to make an award; neither does it constitute an obligation for any costs incurred in the preparation and submission of a proposal.

USAID appreciates the time and effort put into preparing proposals in response to this solicitation.

Sincerely, Nadeem Shah Director, Regional Contracting Office https://beta.sam.gov/

Property Governance Activity

Table of Content

PART I – SCHEDULE 7

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS7

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 – DESCRIPTION/SPECIFICATIONS/STATEMENT OF OBJECTIVES 11

SECTION D – PACKAGING AND MARKING 12

D.1 AIDAR 752.7009 MARKING (JAN 1993)

D.2 BRANDING

SECTION E – INSPECTION AND ACCEPTANCE 13

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

E.2 INSPECTION AND ACCEPTANCE

SECTION F – DELIVERIES AND PERFORMANCE 14

F.1 NOTICE LISTING 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) 20

SECTION G – CONTRACT ADMINISTRATION DATA 22

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 INVOICES, ACCEPTANCE AND APPROVAL

G.6 PAYING OFFICE

G.7 ACCOUNTING AND APPROPRIATED DATA

SECTION H – SPECIAL CONTRACT REQUIREMENTS 25

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 AIDAR 752.228-3 WORKERS COMPENSATION INSURANCE (DEFENSE BASE ACT)

(DBA) (DEC 1991)

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) 33

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 (NOV 2017)

H.24 ADS 302.3.5.22 SUBMISSION OF DATASETS TO DEVELOPMENT DATA LIBRARY

(DDL)(OCT 2014)

H.25 SEXUAL MISCONDUCT (DECEMBER 2020)

H.26 ELECTRONIC PAYMENTS SYSTEM

H.27 ADS 302.3.5.5 REPORTING OF FOREIGN TAXES (JULY 2007)

H.28 FAR 4.21 PROHIBITION ON CONTRACTING FOR CERTAIN COVERED

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT

(SECTION 889) (JANUARY 2021)

PART II CONTRACT CLAUSES 42

SECTION I – CONTRACT CLAUSES 42

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (July 2018)

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

I.3 FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

I.4 FAR 52.229-8 TAXES – FOREIGN COST-REIMBURSEMENT CONTRACTS (MAR 1990)45

I.5 FAR 52.247-67, SUBMISSION OF TRANSPORTATION DOCUMENTS FOR AUDIT (FEB

2006) 46

I.6 AIDAR 752.7013 CONTRACTOR-MISSION RELATIONSHIPS (JUNE 2018)

I.7 AIDAR 752.7032, INTERNATIONAL TRAVEL APPROVAL AND NOTIFICATION

REQUIREMENTS (APR 2014)

I.8 AIDAR 752.7037 CHILD SAFEGUARDING STANDARDS (AUG 2016)

I.9 FAR 52.252-2, CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

PART III LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS 50

SECTION J – LIST OF ATTACHMENTS 50

PART IV REPRESENTATIONS AND INSTRUCTIONS 51

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFERORS 51

K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE ... 51

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)56

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 FEDERAL 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) ... 64

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) 65

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

(APR 2005)

K.14 SIGNATURE

SECTION L – INSTRUCTIONS TO OFFERORS 69

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

1998) 69

L.2 GENERAL INSTRUCTIONS

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

L.4 PHASE I SUBMISSION INSTRUCTIONS

L.5 INSTRUCTIONS FOR THE PREPARATION OF PHASE I – TECHNICAL PROPOSAL

L.6 PHASE II NOTICES

SECTION M – PHASE I EVALUATION CRITERIA 73

M.1 GENERAL INFORMATION

M.2 TECHNICAL EVALUATION CRITERIA

PART I – SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PURPOSE

The purpose of this contract is to implement the Property Governance Activity in accordance with the Statement of the Objectives (see Attachment 1 in Section J of the RFP).

B.2 CONTRACT TYPE

This is a Cost-Plus-Fixed-Fee (CPFF) completion-type contract consistent with Federal Acquisition Regulation 16.306(d)(1). The Contractor must provide the outputs and accomplish goals and objectives as described in Section C. The Contractor's Statement of Work (SOW) will be incorporated in Section C.

B.3 ESTIMATED COST, FEE, AND OBLIGATED AMOUNT

a) Total Estimated Cost:

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

b) Obligated amount

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

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

B.4 PRICE SCHEDULE

The following budget table captures the final negotiated cost elements for the performance of the work required hereunder. The budget is below:

Description Total Direct Costs (not including grants, indirect costs or fixed fee)

TBD

Indirect Costs TBD Total Estimated Costs TBD Fixed Fee TBD Total Estimated Costs Plus Fixed 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

TBD % 1/ 1/ 1/

TBD % 2/ 2/ 2/

TBD % 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:

The Contractor and subcontractors are allowed to recover applicable indirect costs (i.e., overhead, G&A, etc.) on other direct costs (ODCs), if it is part of their usual accounting procedures, consistent with FAR Part 31, and Negotiated Indirect Cost Rate Agreement (NICRA).

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 the fixed fee 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. The Contractor may earn and be paid all or a portion of the total fee based on completed deliverables under this contract.

Payment of the Contractor’s fee is tied to the accomplishment of objectives and deliverables or outputs described in Sections C and F of the contract.

b) The Offerors must propose a fixed fee payment schedule tied to the objectives and deliverables or output for Governments review and acceptance. The fixed fee payment schedule will become part of the contract upon award.

c) Fixed Fee Payment Schedule TBD:

Deliverables

Delivery schedule Percentage of Fixed

Fee Fixed Fee Amount for payment

Deliverables for Year 1

TBD by the contractor

Deliverables for Year 2

TBD by the contractor

Deliverables for Year 5

B.9 MULTI-YEAR CONTRACT AND CANCELLATION CEILING

USAID/Kosovo considers this contract 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. However, as a cost-reimbursement contract, USAID/Kosovo will authorize the reimbursement for all allowable costs incurred by the Contractor pursuant to FAR 52.216-7, “Allowable Costs and Payment.” The Contractor will not incur any costs that require amortization or substantial upfront investment over the contract’s period of performance in the event that the Contracting Officer cancels the contract pursuant to FAR 52.217-2. Thus, $0 will serve as the cancellation ceiling for each cancellation date. Accordingly, no requirement to include cancellation dates in the contract exists.

[END OF SECTION B]

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF OBJECTIVES

[See Attachment J.1 for Statement of Objectives (SOO)]

[Offeror’s Statement of Work to be included under Section C upon award]

[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 Property Governance 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 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

52.242-15 STOP WORK ORDER ALTERNATE I AUG 1989

F.2 PLACE OF PERFORMANCE

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

F.3 PERIOD OF PERFORMANCE

The period of performance is five (5) years effective from the date of the USAID Contracting Officer’s signature on the cover page of the contract. The conditions set forth above are subject to the contractor’s performance,availability of funds and subject to the conditions set forth in Section H.28.

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).

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

F.5 KEY PERSONNEL

a. The contractor must furnish the following positions designated as key personnel, Chief of Party (COP) and Deputy COP (DCOP). Offerors may propose up to three additional key personnel roles for the successful execution of Section C. The offeror must propose Key Personnel positions that have the appropriate skill sets to assure successful achievement of the contract objectives.

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

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.

(Offeror may propose up to five (5) key position, to include requirements and responsibilities for each key position that will be incorporated in this section upon 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, including municipalities selected as per the criteria set in the proposal, covering the first 90 calendar 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 calendar days of the award effective date. The Contractor shall revise and submit the revised Mobilization Plan no later than 15 calendar days after receipt of comments. The USAID COR will provide a written approval of the final mobilization plan to the Contractor.

b) ANNUAL WORK PLANS

Within 60 calendar days following the award effective date, the contractor must submit the first annual work plan to COR for review and approval. The 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 the results expected, by each task. The Contractor shall revise and submit the revised work plan no later than 15 calendar days after receipt of comments. If acceptable, the USAID COR will provide 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 the essential terms and conditions of the award.

Subsequent annual work plans are due no later than 30 calendar 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 ensuring 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 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 the 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 under

● 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 the personnel and 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. 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) calendar 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 calendar 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, a 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 calendar 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…