Amendment 3-RFP 72016724R00002_ USAIDs Critical Infrastructure Resilience Activity.pdf

RFP No. 72016724R00002 Critical Infrastructure Resilience Activity

Request for Proposals (RFP) No.: 72016724R00002

Issue Date: November 27, 2023

Questions Due Date: December 08, 2023 at 9am, Kosovo time

Proposal Submission Due Date: February 6, 2024, at 9am, Kosovo time

Subject: Request for Proposals (RFP) Number 72016724R00002 USAID’s Critical Infrastructure Resilience Activity

Dear Prospective Offeror:

The United States Agency for International Development (USAID) is seeking proposals to protect and improve Kosovo’s cyber governance and to build capacity in responsible government institutions and targeted critical infrastructure to become more resilient to cyber attacks. The Activity will work with the Government of Kosovo, private sector and associations and other relevant organizations. The Activity is as described in the attached Request for Proposals (RFP).

USAID anticipates the award of a Cost-Plus-Fixed Fee (CPFF) Completion type contract for an anticipated five-year period. The procurement will be conducted through full and open competition, under which any type of organization (large or small commercial for profit firms, and nonprofit organizations) is eligible to compete. The procedures set forth in Federal Acquisition Regulation (FAR) Part 15 apply.

The overall estimated cost of this procurement is $15 million. The Government is in no way obligated to make any award within the maximum estimated cost identified. Offerors should not strive to meet the maximum amount; rather, Offerors should propose costs that are appropriate, realistic and reasonable, and in accordance with the proposed approach for achieving results. Cost proposals will be evaluated as part of a best value determination. The Government may award a contract without discussions with Offerors in accordance with FAR 52.215-1.

USAID reserves the right to amend or rescind this solicitation at any time. If substantive questions are received which affect the response to the solicitation, or if changes are made to the closing date and time, as well as other aspects of the RFP, this solicitation will be amended and amendments to this solicitation will be issued and posted on the System for Award Management (SAM.gov). In order to be informed of changes that may affect proposal preparations, Offerors are encouraged to check the SAM.gov website periodically. It is the responsibility of the prospective Offerors of this solicitation to ensure that the solicitation has https://www.acquisition.gov/far/part-15 https://www.acquisition.gov/far/52.215-1#FAR_52_215_1 https://www.acquisition.gov/far/52.215-1#FAR_52_215_1 https://sam.gov/content/home been received from the internet in its entirety. USAID bears no responsibility for data errors resulting from transmission or conversion processes.

Questions and Proposals must be submitted only electronically via email on or before the due dates stipulated above, to Armend Aliu at: aaliu@usaid.gov and Urime Abdyli at:

uabdyli@usaid.gov and must conform to all requirements outlined in the solicitation. USAID reserves the right to award the contract subject to availability of funds. This solicitation in no way obligates USAID to award a contract nor does it commit USAID to pay any cost incurred in the preparation and submission of the proposal.

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

Sincerely, Claudio Ballesteros Contracting Officer USAID/Kosovo mailto:aaliu@usaid.gov mailto:uabdyli@usaid.gov

TABLE OF CONTENTS

PART I - THE SCHEDULE 4

SECTION A - SOLICITATION/CONTRACT FORM 4

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS 5

SECTION C - PERFORMANCE WORK STATEMENT 9

SECTION D - BRANDING AND MARKING 10

SECTION E - INSPECTION AND ACCEPTANCE 11

SECTION F - DELIVERIES OR PERFORMANCE 13

SECTION G - CONTRACT ADMINISTRATION DATA 22

SECTION H - SPECIAL CONTRACT REQUIREMENTS 27

PART II - CONTRACT CLAUSES 51

SECTION I - CONTRACT CLAUSES 51

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS 62

SECTION J - LIST OF ATTACHMENTS 62

PART IV - REPRESENTATIONS AND INSTRUCTIONS 63

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER 63

STATEMENTS OF THE OFFEROR 63

SECTION L - INSTRUCTIONS TO OFFERORS 87

SECTION M - EVALUATION FACTORS FOR AWARD 100

SECTION A RFP# 72016724R00002

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM

SECTION B RFP#72016724R00002

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PURPOSE

The purpose of this contract is to provide services that fall within the Performance Work Statement (PWS) in response to the Statement of Objectives (SOO) specified in Section C to protect and improve Kosovo’s cyber governance and build capacity in responsible government institutions and targeted critical infrastructure to become more resilient to cyber attacks. This activity will work with the Government of Kosovo (GOK), the private sector, and other relevant organizations. The purpose will be achieved through three mutually supportive objectives.

1. Governance - Strengthen cybersecurity governance for and institutional coordination with critical infrastructure owners and oversight bodies.

2. Capacity Building - Build short- and long-term technical and human capacity to plan for, respond to, and recover from cyber incidents.

3. Technology and Procurement - Support the identification, prioritization, and procurement of cybersecurity technology solutions.

The successful contractor must prioritize and target assistance equally to the following three sectors: e-government services, energy, and telecommunications. Additional sectors or institutions may be identified, prioritized, and added to the scope during implementation.

This activity will not address cybercrime or law enforcement preparedness and response to crimes committed in the digital environment.

B.2 CONTRACT TYPE AND SERVICES

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

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

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

$TBD.

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

(c) Funds obligated hereunder are anticipated to be sufficient through TBD Date.

B.4 BUDGET

The budget for this contract is as follows:

Line Item Total

Direct Cost $[.]

Indirect Cost $[.]

Grants Under Contracts (GUC) $[.]

Fixed Fee $[.]

Cost-Plus-Fixed-Fee Ceiling Price $[.]

*The amount of up to $1,500,000 is exclusively reserved for subcontracts and grants, (See attachment J.1), IF proposed by the offeror. This amount does not include any relevant management or administrative expenses incurred by the Contractor.

[USAID will insert the final total estimates of each cost category provided by the contractor in its budget at award; see SECTION J, ATTACHMENT J.2 - BUDGET TEMPLATE that informs the development of the budget]

B.5 INDIRECT COSTS

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

Description Rate Base Type Period

% 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 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.7 PAYMENT OF FIXED FEE

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, deliverables, or outputs described in Sections C and F.

The Offerors must propose a fixed fee schedule tied to the objectives and deliverables or output for Governments review and acceptance. The fixed fee schedule will become part of the contract upon award. Payment of the fixed fee will be in accordance with FAR 52.216-8.

1. Fixed fee

(a) Payment of the fixed fee will be made upon the receipt of an invoice deemed proper by the USAID/Kosovo Financial Management Office in accordance with FAR 52.216-8. The total amount of fee payable upon completion of all contract requirements will be set at the time of award and does not vary with actual cost.

(b) Definite goals or targets must be achieved, and end products must be completed, delivered, and accepted by USAID during the period of performance and within the total estimated cost as a condition for payment of the fixed fee.

(c) The contractor must propose the Fee Distribution Schedule as per the illustrative fee payment and delivery schedule presented in the table below. The final Fee Distribution Schedule, and any subsequent changes, must be approved by the CO, and shall be incorporated in the contract upon award.

(d) Goals or targets and end products from the Fee Distribution Schedule that have a fee associated with their completion or delivery must be referred to as Fee Bearing Results or Deliverables.

(e) The Fee Distribution Schedule must emphasize completion of goals, targets and/or deliverables that are the development results sought by USAID through this award but must also include selected implementation management and development results milestones as Fee Bearing Milestones.

(f) As a condition for the payment of the portion of the total fixed fee associated with a specific goal, target and/or deliverable, the Contractor must complete the goal, target and/or deliverable. When a Fee Bearing Milestone is not completed or achieved, the portion of the total fixed fee allocated to the Milestone in the Fee Distribution Plan will not be paid.

(g) Any unpaid fee resulting from the contractor not achieving a certain result beyond its manageable control can be reallocated among other or new deliverables in the work plan for the current or upcoming year upon CO approval.

2. Illustrative fee distribution schedule

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 3

TBD by the contractor

Deliverables for Year 4

TBD by the contractor

Deliverables for Year 5

TBD by the contractor

(To be finalized after the award)

[END OF SECTION B]

SECTION C RFP# 72016724R00002

SECTION C - PERFORMANCEWORK STATEMENT

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

[END OF SECTION C]

SECTION D RFP# 72016724R00002

SECTION D - BRANDING AND MARKING

D.1 AIDAR 752.7009 MARKING (JANUARY 1993)

(a) It is USAID policy that USAID-financed commodities and shipping containers, and project construction sites and other project locations be suitably marked with the USAID emblem.

Shipping containers are also to be marked with the last five digits of the USAID financing document number. 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 AND MARKING POLICY

Branding and Marking under this contract shall comply with the requirements outlined in USAID Automated Directives System (ADS) 320.3.2, Branding and Marking in USAID Direct Contracts and the USAID "Graphic Standards Manual" available at www.usaid.gov/branding, or any successor branding policy.

D.3 BRANDING IMPLEMENTATION AND MARKING PLAN

The Branding Implementation and Marking Plan, will be submitted to USAID for approval 30 days after the award. Approved Branding Implementation and Marking Plan will be incorporated in the Contract as an Attachment.

[END OF SECTION D]

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

SECTION E RFP#72016724R00002

SECTION E - INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract.

Use Acquisition.gov for electronic access to the full text of a FAR clause.

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

NUMBER TITLE DATE

52.246-3 INSPECTION OF SUPPLIES - COST-REIMBURSEMENT (MAY 2001)

52.246-5 INSPECTION OF SERVICES - COST REIMBURSEMENT (APR 1984)

E.2 INSPECTION AND ACCEPTANCE

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

USAID/Kosovo U.S. Agency for International Development Embassy of the USA, Rr. 4 Korriku Nr. 25, Pristina 10000, Kosovo 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, and the Quality Assurance Surveillance Plan (QASP) will be used as a Government monitoring process to enforce the inspection and acceptance clauses of the contract.

E.3 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

The Quality Assurance Surveillance Plan (QASP) is a document used to ensure that Contractor performance is effectively monitored, documented, and meets the performance standards contained in the contract. The QASP establishes procedures on how the inspection and acceptance process will be conducted. The QASP is based on the premise that the contractor, not the Government, is responsible for managing and ensuring that quality controls meet the terms of the contract. The contractor is responsible for implementing and delivering performance that meets contract standards and the QASP will be used as a Government monitoring process to enforce the inspection and acceptance clauses of the contract.

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

SECTION E RFP#72016724R00002

The QASP is incorporated with the Activity Monitoring, Evaluation, and Learning Plan (AMELP).

The QASP, however, ensures the quality of contract performance whereas the AMELP ensures the activity is progressing towards achieving the objectives of the activity. The QASP provides the detailed process for a continuous oversight process and provides the following information:

• The intervention or deliverable that will be monitored for performance and compliance

• Determine the quality standard for each activity or deliverable

• How monitoring will take place and how the results will be documented

• Include any potential remedial actions to address any issues related to quality of performance

An effective QASP should be designed with the intent of encouraging maximum performance, efficiency, and cost effectiveness by the contractor and should enable the early identification and resolution of performance issues to minimize impact on mission performance. The QASP is a “living” monitoring, evaluation, and learning process that may require modification and/or updates after selection for award to reflect the contractor’s known strengths and weaknesses.

The QASP should be discussed, reviewed, and updated regularly but no less than on an annual basis. It is the Contractor's responsibility to follow up with the Contracting Officer Representative (COR) to ensure the QASP monitoring process is implemented and updated.

The Government reserves the right to modify performance standards and/or metrics during the life of this contract, in order to ensure that the right outcomes are being assessed and that the performance standards are appropriate.

Authority for issuance of this QASP is provided under Part 46 of the Federal Acquisition Regulation, Inspection of Services clauses, which provides for inspection, acceptance and documentation of the services in this activity.

[END OF SECTION E]

SECTION F RFP#72016724R00002

SECTION F - DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR 52.252-2 “CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract.

See Acquisition.gov for electronic access to the full text of a FAR clause.

FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1)

NUMBER TITLE DATE

52.242-15 STOP-WORK ORDER (AUG 1989)

52.242-15 STOP-WORK ORDER (AUG 1989) - ALTERNATE I (APR 1984)

F.2 PERFORMANCE PERIOD

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

F.3 PLACE OF PERFORMANCE

The place of performance under this contract is Kosovo.

F.4 PERFORMANCE STANDARDS

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

F.5 REPORTS AND DELIVERABLE OR OUTPUTS SCHEDULE

In addition to the requirements set forth for submission of reports in Sections I and in the AIDAR clause 752.242-70, Periodic Progress Reports, the contractor must submit the following plans, reports, and deliverables electronically to USAID as further described below.

The reporting cycle may be adjusted after an initial period so that the timing of issuance of periodic reports by the Contractor aligns to agency needs (e.g., aligns to each fiscal year and USAID’s fiscal year starts on October 1 and ends on September 30. The fiscal quarterly periods start on October 1, January 1, April 1, and July 1). Reports shall be prepared in a format consistent with USAID reporting requirements, to be mutually agreed upon by COR and the Contractor.

https://www.acquisition.gov/aidar/752.242-70-periodic-progress-reports.

Work Plans, Periodic and Other Reports - All of the below deliverables are due to the COR by Submission date listed:

SECTION

NO.

DELIVERABLES SUBMISSION DATE APPROVAL

BY

1 Final Mobilization Plan Within fifteen (15) calendar days after receipt of USAID comments to the draft mobilization plan.

COR

2 Key Personnel Key personnel must be on board the project within thirty (30) days of the Award effective start date (contingent to CO approval).

CO

3 Activity Monitoring Evaluation and Learning Plan (AMELP) and Quality Assurance Surveillance Plan (QASP)

Year 1 of AMELP and QASP are due ninety (90) calendar days after the Award effective start date. An updated AMELP and QASP must be submitted within thirty (30) calendar days after the beginning of each fiscal year.

COR

4 Branding and Marking Plan A branding and marking plan must be sent to USAID within thirty (30) days of the Award effective start date.

CO

5 Annual Work Plan Year 1 Work Plan due forty-five (45) calendar days after Award effective start date. Subsequent Annual Work Plan to be submitted within thirty

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

COR

6 Grants Under Contract (GUC) Manual

Within sixty (60) calendar days from the effective start date of the Award.

(if the Offeror proposes a GUC).

CO

7 Quarterly Performance Report Within fifteen (15) calendar days after the end of each quarter.

COR

8 Quarterly Financial Report Within fifteen (15) calendar days after the end of each quarter.

COR

9 Quarterly Accrual Reports Within fifteen (15) calendar days before the end of each quarter.

COR

10 Annual Report Within thirty (30) calendar days after the end of each fiscal year.

COR

11 Final Report Within thirty (30) calendar days before the end date of the Award.

COR

12 Ad Hoc Reports As requested by COR/CO. COR or CO

13 Short-Term Consultant Reports

Within ten (10) calendar days following the departure of a consultant.

COR

14 Closeout Plan 120 days prior to the end of the Award.

CO

15 Subcontract Plan and Reporting (Small Businesses Excluded)

Final Subcontract Plan is due within thirty (30) calendar days after the Award effective start date. The draft plan should be submitted as part of the proposal (if applicable).

The Individual Subcontract Report shall be submitted semi-annually during the Award performance for the periods ending March 31 and September 30.

The Summary Subcontract Report (SSR) shall be submitted annually by October 30 for the twelve-month period ending September 30.

CO

Description of Report Content:

1. MOBILIZATION PLAN

The contractor will submit a Draft Mobilization Plan as part of the proposal. The Mobilization Plan must describe a proposed approach to ensure rapid, efficient, and effective operational start-up. Once the contract has been awarded, the COR will review the Draft Plan and provide comments within fifteen (15) days of the Award effective start date. The Contractor must revise and submit the revised (final) Mobilization Plan no later than fifteen (15) days after receipt of comments. If acceptable, the USAID COR will provide a written approval of the final mobilization plan to the Contractor.

2. KEY PERSONNEL

After the Award effective start date, the contractor must submit CVs for all key personnel to the COR/CO for review and consideration. Following COR input and CO approval, the contractor will hire and onboard the key personnel within thirty (30) days.

ACTIVITY MONITORING, EVALUATION AND LEARNING PLAN (AMELP) & QUALITY ASSURANCE

SURVEILLANCE PLAN (QASP)

The Contractor will submit to the COR a final life-of-project AMELP within ninety (90) days after the Award effective start date. Standard U.S. Government Indicators must be included in the MELP and will be subject to a Data Quality Assessment (DQA) conducted by USAID with the Contractor. An updated MELP must be submitted within thirty (30) days after the beginning of each fiscal year. The Contractor must take into consideration the need for continued monitoring and evaluation of activities in instances where there might be constraints to in-person site visits, such as during the COVID-19 pandemic or in instances of unrest.

As part of the draft (due with the offer) and final (due after contract award) MELP, the Offeror/Contractor must also submit a QASP (due after the contract award) that provides a systematic method to assess performance for the Contract. The QASP must include (a) which deliverable will be monitored; (b) how the quality assurance surveillance and monitoring will take place; (c) who will conduct the monitoring; (d) how monitoring efforts and results will be documented. The QASP establishes procedures on how the assessment/inspection process will be conducted and will be utilized by USAID to monitor and assess whether the performance standards under the contract have been met and expected results are being achieved.

3. BRANDING AND MARKING PLAN

Within thirty (30) days of the award start date, the contractor must submit a Branding Implementation and Marking Plan to the COR/CO for review and consideration. Following COR input and CO approval, the plan will be added to the Award as an attachment.

4. ANNUAL WORK PLANS

The contractor must submit the first Annual Work Plan, covering the period from the Award effective start date through the end of the current fiscal year, to the COR for review and approval, forty-five (45) calendar days after the Award effective start date. In case that the starting date is within three (3) months of the end of the fiscal year, the Annual Work Plan should also cover the period to the end of the next fiscal year. The Annual Work Plan must indicate implementation processes and schedules, projected results, indicators and targets and project costs associated with the activities as outlined in Section C (PWS), including any special activities for rapid response. The COR will provide written comments to the Contractor. The Annual Work Plan must also clearly identify and present results expected by each task. The Contractor must revise and submit the revised work plan no later than fifteen (15) days after receipt of comments. If acceptable, the 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.

The Annual Work Plan must be consistent with the AMELP and the QASP. The work plan can be amended throughout the implementation of the activity if sufficient justification is provided by the Contractor and COR’s concurrence is obtained.

5. GRANT UNDER CONTRACTS (GUC) MANUAL

The contractor must develop and submit a Grants Under Contract (GUC) Manual to the Contracting Officer for approval, no later than sixty (60) days after the ward effective start date, if GUCs are to be utilized. The grants format and grants manual/guide must adhere to USAID regulations and policies (including selection criteria, competition, CO and COR approvals, etc.).

This section is valid only if the Offeror proposes the Grants under Contract.

6. QUARTERLY PERFORMANCE REPORTS

The Contractor must submit Quarterly Performance Reports to the COR within fifteen (15) days of the end of each fiscal year quarter reflecting results and interventions of the preceding quarter. A format for the Quarterly Performance Report will be approved by the COR. The report must describe the plan for the reporting period (as set forth in the Work Plans) and report on progress to date related to the AMELP and QASP. The Contractor must provide a description of the specific accomplishments of the activity as well as any short-term technical assistance, including information on all interventions, both ongoing and completed, by component, and geographically by state and/or judicial district. The Quarterly Performance Reports must highlight any issues or problems that are affecting the delivery or timing of services provided by the Contractor. These reports must summarize activity progress against tasks and benchmarks, including tasks assigned through technical directives and identify implementation issues that may inhibit or enhance Contractor performance. The Quarterly Performance Reports must also discuss interaction with counterparts, and any necessary alterations to the work plan and initial timetable.

As agreed upon by the COR, quarterly reporting must begin after the end of the first quarter from the Award effective start date. Each quarterly report must be a stand-alone document and must briefly summarize activity from the beginning of the Activity. Quarterly Performance Reports Schedule for Submission:

USG Fiscal Year Q1: October 1 to December 31 Quarterly Performance Report due January 15.

USG Fiscal Year Q2: January 1 to March 31 Quarterly Performance Report due April 15.

USG Fiscal Year Q3: April 1 to June 30 Quarterly Performance Report due July 15.

USG Fiscal Year Q4: July 1 to September 30* The Q4 Quarterly Performance Report will be integrated within and due with the Annual Report.

*A fourth Quarterly Performance Report submitted separately from the Annual Report is not required.

The fourth Quarterly Performance Report will be integrated within and due with the Annual Report.

7. QUARTERLY FINANCIAL REPORT

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

(15) days after the end of the quarter. Quarterly Financial Reports Schedule for Submission:

USG Fiscal Year Q1: October 1 to December 31 Quarterly Financial Report due January 15

USG Fiscal Year Q2: January 1 to March 31 Quarterly Financial Report due April 15

USG Fiscal Year Q3: April 1 to June 30 Quarterly Financial Report due July 15

USG Fiscal Year Q4: July 1 to September 30* The Q4 Quarterly Financial Report will be integrated within and due with the Annual Report

*A fourth Quarterly Financial Report submitted separately from the Annual Report is not required. The fourth Quarterly Financial Report will be integrated within and due with the Annual Report.

8. QUARTERLY ACCRUAL REPORTS

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

9. ANNUAL REPORTS

The Annual Report must reflect the structure of the annual work plan and must report overall performance against the AMELP and QASP during the year, with explanations as to why targets were not achieved or were exceeded as applicable. The Annual Report will describe any relevant analytical work, evaluations and assessments over the year, along with any recommendations therefrom and how they are being applied. The Annual Report will highlight specific accomplishments and summarize results and interventions for the year, both ongoing and completed, by component and geographically. The Annual Report must identify any problems, obstacles or challenges to performance that arose and proposed or applied solutions. The Annual Report must report on the indicators and whether each indicator met the set target for the year. The Annual Report will also include financial reporting for the year, including spending by program component for the fourth quarter, cumulative spending to date, available funding for the remainder of the activity and any variances from planned expenditures.

The Annual Report will include the fourth Quarterly Performance Report and fourth Quarterly Financial Report.

10. FINAL REPORT

A draft Final Report must 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 is a detailed report which summarizes the accomplishments and impact in relation to the expected results, in accordance with the AMELP and QASP. It should contain a three-page executive summary, an index of all reports and information products produced under this contract, and must discuss the following:

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

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

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

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

● Lessons learned

The Final Report may suggest ways to resolve identified constraints and provide recommendations for follow-on work that might complement the work completed under the Contract. The COR will provide written comments, and the Contracting Officer may likewise add written comments, which the Contractor must address in revising the draft and submitting a Final Report. The Final Report should also be accompanied by a digital transfer of select activity photos and captions and all activity deliverables.

The Final Report must be submitted as follows:

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

● One copy to the Development Experience Clearinghouse.

11. AD HOC REPORTS

The Contractor must be prepared to submit ad hoc reports on the status of its interventions as requested by the COR. The reason for such ad hoc requests might be for the following purposes:

annual reporting, strategic planning, VIP visitors, etc.

12. SHORT-TERM-CONSULTANTS REPORTS

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

13. CLOSEOUT PLAN

Not less than 120 days prior to the completion date of the contract, the Contractor must submit a Closeout Plan.

The Plan must 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 Closeout 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 Closeout Plan must be approved in writing by the Contracting Officer.

14. SUBCONTRACT PLAN AND REPORTING (Small Businesses Excluded)

In accordance with FAR 19.702, in negotiated acquisitions, each solicitation of offers to perform a contract that is expected to exceed $750,000 and that has subcontracting possibilities, requires the apparently successful offeror to submit an acceptable subcontracting plan where small businesses will have the maximum practicable opportunity to participate in contract performance consistent with its efficient performance.

https://dec.usaid.gov/

The Contractor's Subcontracting Plan dated ______________ is hereby incorporated as a material part of this Awad.

The Contractor must comply with the subcontract reporting requirements in FAR 52.219-9.

Prime contractors that are not small businesses must submit periodic reports which show compliance with their subcontracting plan. The work of the small businesses identified in the Subcontracting Plan must be tracked against the Prime’s proposed goals. The Contractor must submit the Subcontracting Report electronically via Subcontracting Reporting System (eSRS) within the deadlines specified in the above table. The Contractor must submit its report via the electronic eSRS in accordance with the instructions on the website. The annual Individual Subcontracting Report and the final Summary Subcontracting Report (SSR) are available online at http://www.esrs.gov.

F.6 KEY PERSONNEL

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

1. Chief of Party;

2. Deputy Chief of Party

3. TBD [To be inserted upon award based on the successful Offeror’s proposal]

(b) The personnel specified above are considered to be essential to the work being performed, and therefore are required to be 100% Level of Effort (LOE) dedicated to this Activity. The Chief of Party must be an employee of the prime Contractor, and the Deputy Chief of Party must be a Kosovan citizen.

Prior to replacing any of the specified individuals, the Contractor must immediately notify both the Contracting Officer and USAID Contracting Officer’s Representative reasonably in advance and must submit written justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the activity. No replacement will be made by the Contractor without the written consent of the Contracting Officer.

[END OF SECTION F]

http://www.esrs.gov/ http://www.esrs.gov

SECTION G RFP#72016724R00002

SECTION G - CONTRACT ADMINISTRATION DATA

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

(a) Claims for reimbursement or payment under this contract must be submitted to the Paying Office indicated in the schedule of this contract. The Contracting Officer’s Representative (COR) is the authorized representative of the Government to approve vouchers under this contract.

The Contractor must submit either paper or fax versions of the SF-1034--Public Voucher for Purchases and Services Other Than Personal. Each voucher must be identified by the appropriate USAID contract number, in the amount of dollar expenditures made during the period covered.

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

Total Expenditures [Document Number: XXX-X-XX-XXXX-XX] Line Description Amt vouchered Amt vouchered Item No. to date this period 001 Product/Service Desc. for Line Item 001 $XXXX.XX $ XXXX.XX

002 Product/Service Desc. for Line Item 002 XXXX.XX XXXX.XX

Total XXXX.XX XXXX.XX

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

The undersigned hereby certifies to the best of my knowledge and belief that the fiscal report and any attachments have been prepared from the books and records of the Contractor in accordance with the terms of this contract and are correct: the sum claimed under this contract is proper and due, and all the costs of contract performance (except as herewith reported in writing) have been paid, or to the extent allowed under the applicable payment clause, will be paid currently by the Contractor when due in the ordinary course of business; the work reflected by these costs has been performed, and the quantities and amounts involved are consistent with the requirements of this Contract; all required Contracting Officer approvals have been obtained; and appropriate refund to USAID will be made promptly upon request in the event of disallowance of costs not reimbursable under the terms of this contract.

BY: ______________________________________________________

TITLE: ______________________________________________________

DATE: ______________________________________________________

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

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

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

G.2 CONTRACTING OFFICER

The Contracting Office is:

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

Contracting Officer’s Authority:

The Contracting Officer is the only person authorized to make or approve any changes to the requirements of this contract. In the event the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including the total estimated cost.

G.3 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

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

G.4 TECHNICAL DIRECTION/RELATIONSHIP WITH USAID

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

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

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

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

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

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

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

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

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

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

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

(c) In the separately-issued COR designation letter, the CO designates an alternate COR to act in the absence of the designated COR, in accordance with the terms of the letter.

(d) Contractual Problems: Contractual problems of any nature that may arise during the life of the contract must be handled in conformance with specific public laws and regulations (i.e.

Federal Acquisition Regulation and Agency for International Development Acquisition Regulation). The Contractor and the COR must bring all contracting problems to the immediate attention of the Contracting Officer. Only the Contracting Officer is authorized to formally resolve such problems. The Contracting Officer will be responsible for resolving legal issues, determining contract scope and interpreting contract terms and conditions. The Contracting Officer is the sole authority authorized to approve changes in any of the requirements under this contract. Notwithstanding any clause contained elsewhere in this contract, the said authority remains solely with the Contracting Officer. These changes include, but will not be limited to the following areas: scope of work, price, quantity, technical specifications, delivery schedules, and contract terms and conditions. In the event the Contractor affects any changes at the direction of any other person other than the Contracting Officer, the change will be considered to have been made without authority.

(e) Failure by the Contractor to report to the Contracting Office any action by the Government considered to be a change, within the specified number of days contained in FAR 52.243-7 (Notification of Changes), waives the Contractor's right to any claims for equitable adjustments.

(f) In case of a conflict between this contract and the COR designation letter, the contract prevails.

G.5 PAYING OFFICE

The paying office for this Award is:

USAID/Kosovo Financial Management Office Embassy of the USA, Rr. 4 Korriku Nr. 25, Pristina 10000, Kosovo

Email: pristinavouchers@usaid.gov

Note: Electronic invoices are required and must be submitted to the email address above.

G.6 INVOICING INSTRUCTIONS

Submit electronic invoices. Electronic invoice must be submitted in the following manner:

Sent via email, one invoice, cover letter all other required supporting documents, and SF-1034 Public Voucher for Purchases and Services Other Than Personal shall be submitted to the Controller Office (for email address see G.5)

The SF-1034 must be signed, and it must be submitted along with the invoice and any other documentation in Adobe.

The invoice should provide the bank account details which should include the bank account number, the bank name and address, the SWIFT Code and the ABA number.

The Contractor will submit invoices cover letters that show expenditures aligned with the respective funding streams. The cover letter applies even if the award does not have integrated funding.

G.7 ACCOUNTING AND APPROPRIATION DATA

[To be completed upon award]

[END OF SECTION G]

mailto:pristinavouchers@usaid.gov

SECTION H RFP#72016724R00002

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR 52.252-2 “CLAUSES

INCORPORATED BY REFERENCE”.

See Acquisition.gov for electronic access to the full text of a FAR clause.

NUMBER TITLE DATE

USAID ACQUISITION REGULATION (AIDAR) 48 CFR CHAPTER 7

752.245-71 TITLE TO AND CARE TO PROPERTY (APR 1984)

H.2 FOREIGN GOVERNMENT DELEGATIONS TO INTERNATIONAL CONFERENCES (JAN 2002)

Funds in this contract, may not be used to finance the travel, per diem, hotel expenses, meals, conference fees or other conference costs for any member of a foreign government's delegation to an international conference sponsored by a public international organization, except as provided in ADS Mandatory Reference "Guidance on Funding Foreign Government Delegations to International Conferences” https://www.usaid.gov/sites/default/files/documents/1868/350maa.pdf or as approved by the CO.

H.3 AIDAR 752.7007 PERSONNEL COMPENSATION (JULY 2007)

(a) Direct compensation of the Contractor’s personnel must be in accordance with the Contractor’s established policies, procedures, and practices, and the cost principles applicable to this contract.

(b) Reimbursement of the employee’s base annual salary plus overseas recruitment incentive, if any, which exceed the USAID Contractor Salary Threshold (USAID CST) stated in USAID Automated Directives System (ADS) Chapter 302 USAID Direct Contracting, must be approved in writing by the Contracting Officer, as prescribed in 731.205-6(d) or 731.371(b), as applicable.

H.4 ADDITIONAL REQUIREMENTS FOR PERSONNEL COMPENSATION

(a) Limitations:

(1) Salaries and wages may not exceed the Contractor's established policy and…