RFP_72016819R00001_JACA.pdf

72016819R00001

SOLICITATION, OFFER AND AWARD

4. TYPE OF SOLICITATION2. CONTRACT NUMBER 3. SOLICITATION NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)

ORDER UNDER DPAS (15 CFR 700)

6. REQUISITION/PURCHASE NUMBER

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

NEGOTIATED (RFP)

SEALED BID (IFB)

5. DATE ISSUED

1. THIS CONTRACT IS A RATED RATING PAGE OF PAGES

1 63

C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

10. FOR

INFORMATION

CALL:

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

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

SOLICITATION

9. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTRS., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

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

I

J

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICES/COSTS

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

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E

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

11. TABLE OF CONTENTS

18. OFFER DATE17. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

15C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

15B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE FACILITY

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

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

14. ACKNOWLEDGEMENT OF AMENDMENTS

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

(See Section I, Clause No. 52.232.8)

13. DISCOUNT FOR PROMPT PAYMENT

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

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

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

OFFER (Must be fully completed by offeror)

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

28. AWARD DATE

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

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

ITEM

(4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

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

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

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

AWARD (To be completed by government)

CODE

REQ-168-19-00000111/20/2018

X

720168

USAID/Bosnia/Herz 7130 Sarajevo Place Washington DC 20521-7130

0300 ET 01/15/2019

Sarah R. Bueter sbueter@usaid.gov

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PAGE(S)

Sarah R. Bueter

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

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

2-4

8-14 15-17 18-28

29-35

37-41

42-59

60-62

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

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

72016819R00001

(A) (B) (C) (D) (E) (F)

Delivery Location Code: USAID/BIH

USAID/Bosnia-Herzegovina

Ambasada SAD-a

Roberta C. Frasurea 1

71000 Sarajevo, BiH

Judiciary against Corruption Activity (JACA). The goal of the activity is to support more effective, independent and accountable justice actors and the purpose is to strengthen selected justice sector institutions to combat corruption, economic and organized crime.

OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

NSN 7540-01-152-8067

Solicitation #72016819R00001 JACA

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PURPOSE

The purpose of this contract is to provide technical services that fall within the Statement of Objectives (SOO) specified in Section C for the USAID’s Judiciary against Corruption Activity (JACA). The goal of JACA is to support more effective, independent and accountable justice actors and the purpose is to strengthen selected justice sector institutions to combat corruption, economic and organized crime.

B.2 CONTRACT TYPE AND SERVICES

This is a Cost-Plus-Fixed-Fee completion type contract. For the consideration set forth in the contract, the contractor must provide the deliverables and results described in Section C and Section F, in accordance with performance standards specified in Section E. The contractor must also comply with all other contract requirements.

B.3 ESTIMATED COST, AWARD 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 aforesaid obligated amount.

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

B.4 PRICE SCHEDULE

(a) Cost Category Amount

Total Estimated Cost TBD Special Activity Fund $1,000,000 Fixed Fee TBD Total Estimated Cost Plus Fixed-Fee TBD

(b) The inclusion of any costs in the above cost categories does not obviate the requirement for prior approval by the Contracting Officer of cost items designated as requiring prior approval by any of the terms and conditions of this contract, including the applicable cost principles (see FAR § 52.216-07, “Allowable Cost and Payment”); nor does it constitute a determination of allowability by the Contracting Officer of any item of cost, unless specifically stated elsewhere in this contract. Also, these amounts may not be adjusted without a written modification signed by the Contracting Officer. The contractor will not bill any amounts against this contract in excess of the amounts specified for each line item.

(c) The contractor agrees to furnish data that the Contracting Officer may request on costs expended or accrued under this contract in support of the budget information provided herein.

B.5 OPTION TO EXTEND SERVICES

Pursuant to FAR 37.111 and to the FAR clause incorporated by full text in Section I entitled “52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)”, the Contractor hereby grants to the U.S. Government option to extend services under the contract for six additional one month periods. Such extension options are to be exercisable by issuance of a unilateral modification prior to the expiration of the contract. The six one-month extension options may be combined or exercised individually. Upon exercise of such options by the Government, the costs and fees evaluated at contract award will be increased by the amounts specified below for each option month to extend. TBD

Cost Category 1st Option 2nd Option 3rd Option 4th Option 5th Option

To Extend To Extend To Extend To Extend To Extend

(1 month) (1 month) (1 month) (1 month) (1 month)

Total Estimated Cost Fixed Fee

Total Estimated Cost Plus Fixed Fee

B.6 INDIRECT COSTS

(a) Pending establishment of revised provisional or final indirect cost rates, USAID will reimburse allowable indirect costs on the basis of the following negotiated provisional or predetermined rates and the appropriate bases pursuant to the contractor’s current executed Forward Pricing Rate Agreement (FPRA):

Description Rate Base Type Period % 1/ 1/ 1/

1/Base of Application:

Type of Rate:

Period:

(b) The contractor will make no change in its established method of classifying or allocating indirect costs without the prior written approval of the Contracting Officer.

B.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,” and FAR § 52-232- 22, “Limitation of Funds,” if applicable, and AIDAR 752.7003, “Documentation for Payment.”

B.8 MULTI-YEAR CONTRACT AND CANCELLATION CEILING

This contract is subject to the requirements of FAR 17.106.

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

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

2. Fails to notify the Contractor that funds are available for performance of the succeeding program year.

Cancellation Dates:

Contract Year 2: Date____ Amount: $0 Contract Year 3: Date___ Amount: $0 Contract Year 4: Date ______Amount: $0 Contract Year 5: Date___ Amount: $0 Total Years 2-5: Amount: $0 ___

Cancellation Ceiling: This is a CPFF type contract where the Contractor is authorized to be reimbursed for all costs which are allowable in accordance with FAR 52.216‐7, “Allowable Costs and Payment.” Therefore, the Contractor will not incur any costs which would have been amortized over the life of the contract should the contract be cancelled in accordance with FAR 52.217‐2. The cancellation ceiling for each cancellation date is $0.

B.9 PAYMENT OF FIXED FEE SCHEDULE

Pursuant to FAR 16.306 -- Cost-Plus-Fixed-Fee (CPFF) Contracts, CPFF completion type contracts require payment of fee to be tied to the accomplishment of performance objectives and deliverables or outputs described in Sections C, E and F. The Contractor will be paid the amount of fee specified for each denoted performance objective, deliverable or output set forth in the table below upon acceptance by the Contracting Officer’s Representative (COR). Because the clause entitled “Allowable Cost and Payment” (FAR 52.216‐7) is incorporated into this contract, the terms and conditions of this clause applies after total payments of fixed fee reach eighty‐five percent (85%) of the total fixed fee.

The table should be populated to include deliverables/results/targets, corresponding contract reference, verification method and the fee amounts.

Identifier Performance

Objective/Deliverable

Reference Section

Submission Date Means of Verification

$ Amount

A

B

C

[END OF SECTION B]

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

TBD - The Contractor’s proposed Statement of Work will become Section C in the resultant contract. (See Statement of Objectives - Attachment J.1)

[END OF SECTION C]

SECTION D – BRANDING AND MARKING

D.1 BRANDING STRATEGY

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” which can be found at http://www.usaid.gov/policy/ads/300/320.pdf; and USAID “Graphic Standards Manual” available at: www.usaid.gov/branding, or any successor branding policy. Per ADS 320.3.2.1, the Branding Strategy for this contract is as follows:

The activity name: “USAID/BiH Judiciary against Corruption Activity (JACA)” is the title of this activity.

The desired level of visibility: USAID identity must be prominently displayed on commodities or equipment; in printed, audio, visual or electronic public communications; in studies, reports, publications, web sites, and all promotional and informational products; and events.

Other organizations to be acknowledged: Specific events that are supported by USAID together with other partners may require co-branding following the branding policy.

The Contractor must comply with the requirements of the USAID “Graphic Standards Manual” available at www.usaid.gov/branding, or any successor branding policy. The Contractor must follow the approved Branding and Marking Plan submitted on [date TBD] and incorporated into this Contract as Attachment [TBD].

D.2 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 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.3 BRANDING STRATEGY, IMPLEMENTATION PLAN AND MARKING PLAN

The cover page of all report deliverables required in Section F. must include the USAID Identity prominently displayed, the Contract number, contractor name, name of the USAID project office, the publication or issuance date of the document, document title, author name(s), project number, and project title. Descriptive information is required whether contractor-furnished products are submitted in paper or electronic form. All materials must include the name, organization, address, and telephone/fax/internet number of the person submitting the materials.

[END OF SECTION D – BRANDING AND MARKING]

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, with the same force and effect as if they were given in full text in accordance with the clause at FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section E of this contract. See http://acquisition.gov/far/index.html for electronic access to the full text of a FAR clause.

NUMBER TITLE DATE

FEDERAL ACQUISITION REGULATION

(48 CFR Chapter 1)

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

E.2 INSPECTION AND ACCEPTANCE/RESPONSIBLE OFFICIAL

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

Democracy Office USAID/Bosnia and Herzegovina Robert Frasure Street #1 71000 Sarajevo Bosnia and Herzegovina

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

[END OF SECTION E]

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

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 with the same force and effect as if they were given in full text in accordance with the clause at FAR 52.252-2 “CLAUSES INCORPORATED BY REFERENCE" in Section F of this contract. See http://acquisition.gov/far/index.html for electronic access to the full text of a FAR clause.

NUMBER TITLE DATE

FEDERAL ACQUISITION REGULATION

(48 CFR Chapter 1)

52.242-15 STOP-WORK ORDER AUG 1989

F.2 PERFORMANCE PERIOD

The period of performance is five (5) years from date of contract award.

F.3 PLACE OF PERFORMANCE

The place of performance is Bosnia and Herzegovina.

F.4 PERFORMANCE STANDARDS

USAID will evaluate the contractor’s performance in accordance with FAR § 42.15, corresponding USAID procedures, and the contractor’s adherence to the annual work plan, reporting against its Monitoring, Evaluation, and Learning (MEL) Plan, and quality of reports described in Section F below. USAID will evaluate the Contractor’s performance annually and at the contract completion in accordance with the Contractor Performance Assessment Reporting System (CPARS). The Contracting Officer and the COR will jointly conduct the evaluation of the Contractor’s overall performance. This evaluation will form the basis of the Contractor’s permanent performance record under this contract.

F.5 KEY PERSONNEL

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

No. Key Personnel Position

TBD TBD

TBD TBD

TBD TBD

(b) The key personnel identified above are considered essential to the work being performed under this contract.

The contractor must remain responsible for providing such key personnel for full-time performance for the term of this contract unless otherwise agreed to by the Contracting Officer.

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

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

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

The contractor must not replace any of the key personnel without the written consent of the Contracting Officer whether provided in advance or by ratification.

F.6 AUTHORIZED WORK DAY/WEEK

(a) Overseas Employees - The work week for the Contractor's overseas employees must not be less than 40 hours and must be scheduled to coincide with the work week for those employees of the USAID Mission and the Cooperating Country associated with the work of this contract.

(b) A six-day work week may be authorized for short term personnel while in Bosnia with no premium pay if approved by the COR.

F.7 PERIODIC PROGRESS REPORTS

AIDAR 752.242-70 provides:

The contractor must prepare and submit progress reports as specified in the contract schedule. These reports are separate from the interim and final performance evaluation reports prepared by USAID in accordance with FAR §

42.15 and internal Agency procedures, but they may be used by USAID personnel or their authorized representatives when evaluating the contractor's performance.

During any delay in furnishing a progress report required under this contract, the Contracting Officer may withhold from payment an amount not to exceed US$25,000 (or local currency equivalent) or 5 percent of the amount of this contract, whichever is less, until such time as the contractor submits the report or the Contracting Officer determines that the delay no longer has a detrimental effect on the Government's ability to monitor the contractor's progress.

F.8 REPORTS

In addition to providing the services described in Section C/SOO, and requirements as set forth in AIDAR 752.242-70, Periodic Progress Reports, the Contractor must submit the following reports/deliverables to the COR specified in Section G.

All written documentation (correspondence, reports, information sheets, updates) submitted to USAID must be written in professional-level English. Reports must be submitted electronically unless otherwise agreed or directed by USAID. In addition to the reports outlined below and elsewhere in this contract, the fluid nature of the planned activity may require the contractor to respond quickly to information requests, often with little preparation time.

Web-based Geographic Information System (GIS) – The Contractor must submit the Monitoring, Evaluation, and Learning (MEL) Plan and Quarterly/Annual Reports with accompanying data on performance indicators to the COR through USAID/BiH’s web-based performance management/geographic information system.

On a quarterly basis the Contractor must also submit to the COR, through the web-based performance management/geographic information system, data identifying the approximate distribution of Activity spending by main work types and key issues. Activity spending must be based on the last three vouchers approved. The main work types are Property, Plants, Equipment, and Technical Assistance.

Reported data on both performance indicators and Activity spending must be geographically distributed whenever possible. During the MEL plan preparation phase, it will be decided on which geographical level(s) each performance indicator will be reported. Reported data on Activity spending per main work type must be geographically distributed by location point for Property, Plants, and Equipment and by geographic level (State, Entity, Canton, and municipality/city) for Technical Assistance.

All data and deliverables submitted through the web-based performance management/geographic information system will be confirmed by Activity CORs.

The Contractor is responsible for delivery of draft reports, schedules, plans, and other documents described below.

F.8.1 DELIVERABLES SCHEDULE

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

No. Reporting Requirement Submission Date

1 Annual Work Plan Within 60 calendar days after the start date of the contract, and subsequent annual work plans are due no later than 30 days before the beginning of succeeding contract years.

2 Final Monitoring, Evaluation, and Learning (MEL) Plan

Within 60 calendar days after the start date of the contract.

4 Quarterly Performance Reports Within 15 calendar days after the end of the quarter.

5 Quarterly Financial Reports Within 15 calendar days after the end of the quarter.

6 Annual Summary Reports Within 30 calendar days after the end of the year.

7 Demobilization Plan Four months prior to the completion date of the contract

8 Completion Report 60 calendar days prior to the end date of the contract.

9 Special Reporting On a monthly basis.

10 Government Property Reporting Within 30 days after the end of each contract year.

F.8.2 ANNUAL WORK PLANS

Within 60 calendar days from the start date of the contract, the Contractor must provide to USAID for review and approval a draft work plan for the first year’s activities, schedules and targets. USAID will provide approval to the Contractor of the work plan for the first year’s activities, schedules and targets. This work plan must include a description of the principal tasks and assistance activities to be undertaken by the Contractor over the first year of the contract, a proposed schedule of such activities, a listing of principal counterpart for each proposed activity, and a description and estimate of amounts of short-term expertise, training and other support resources that would be required to provide the assistance proposed.

The work plan must also include a description of what each assistance activity or combination of activities is expected to accomplish and its baseline data and will indicate how and to what extent those accomplishments will contribute to the achievement of overall targets and benchmarks for the project.

It must further include a detailed MEL Plan indicating results indicators. Subsequent annual work plans will be updated annually, due no later than 30 days before the beginning of succeeding year. Unexpected and unforeseen windows of opportunity must be incorporated on a periodic basis. The final work plan is due 10 days after receiving comments.

F.8.3 MONITORING, EVALUATION, AND LEARNING (MEL) PLAN

As a part of the initial work plan, the Contractor must provide to USAID for review and approval a draft Monitoring, Evaluation, and Learning (MEL) Plan that allows for measuring implementation progress against performance indicators and related targets and benchmarks. The MEL Plan must clearly correspond to the award and work plan, and must 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 must develop performance indicators; collect necessary baseline and annual follow-up data, and numerical targets to measure the results for each activity component and to assess the impact of proposed interventions. The Contractor must produce a Performance Indicator Sheet (PIRS) for each indicator, which will identify the data sources and collection methods.

The Contractor must report on results achieved and corresponding indicators using Activity Indicator Performance Tracking Table (Attachment J.3 MEL Plan Template) in quarterly/annual reports.

F.8.4 QUARTERLY PERFORMANCE REPORTS

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

– Outline of activity purpose and 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 activity progress per impact indicators as defined in the Work Plan and the MEL plan;

– Achieved outputs compared to planned outputs;

– Achieved outcome objective(s) compared to planned outcome objective(s), or progress towards achieving the outcome objective(s), and an assessment of the likelihood of achieving the planned outcome objectives;

– An assessment of risk factors that may affect achievement of planned objectives; and

– An assessment of possible adjustments in activity implementation, including risk management;

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

– Performance problems during the reporting period;

– Status of budget expenditures;

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

– Any relevant information that has affected or will affect activity progress.

F.8.5 QUARTERLY FINANCIAL REPORT

Quarterly financial reports will be submitted to USAID. They 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;

• Estimate to Complete Contract;

• Estimate at Completion of Contract.

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.8.6 ANNUAL SUMMARY REPORT

The contractor will prepare and submit to the USAID COR an annual report in TBD after the end of the first full activity 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 will be based on the USAID fiscal year, which runs from October 1- September 30.

F.8.7 REGULAR MEETINGS

Regular meetings between the Contractor’s key personnel and the USAID COR must occur at least once every two weeks.

F.8.8 DEMOBILIZATION PLAN

Four months prior to the completion date of the contract, the Contractor must submit a Demobilization Plan to the COR. The Demobilization Plan must include at a minimum, an illustrative Property Disposition Plan; a plan for the phase out of in-country operations; a delivery schedule for all reports and other deliverables required under the contract; and a timeline for completing all required actions in the Demobilization Plan to the cognizant Contracting Officer. Both the illustrative and final Property Disposition Plans must address all requirements under U.S. and Bosnia and Herzegovina’s law for the transfer of property and must include the inventory schedule required by FAR 52.245-1, a plan for the disposition of property to eligible parties and a timeline for disposition of such property. The Demobilization Plan must be approved in writing by the Contracting Officer.

F.8.9 COMPLETION REPORT

Sixty (60) calendar days from the end date of the contract, the Contractor must prepare a completion report which highlights accomplishments against the work plan, gives the final status of benchmarks and tangible results, addresses lessons learned during the implementation and suggests ways to resolve constraints identified. A final MEL will be part of the final report.

F.8.10 SPECIAL REPORTING

During the performance of this activity, some special reporting may be required from the Contractor such as a brief paragraph and photo caption on note-worthy activities and events, successes stories, etc. according to specifications provided by USAID.

F.8.11 GOVERNMENT PROPERTY—USAID REPORTING REQUIREMENTS

The contractor must comply with AIDAR 752.245-70 “Government Property—USAID Reporting Requirements (July 1997)”, which provides in full:

The term Government-furnished property wherever it may appear in the following clause, must mean (1) non-expendable personal property owned by or leased to the U.S. Government and furnished to the contractor and (2) personal property furnished either prior to or during the performance of this contract by any U.S. Government accountable officer to the contractor for use in connection with performance of this contract and identified by such officer as accountable. The term Government property, wherever it may appear in the following clause, must mean Government-furnished property and nonexpendable personal property title to which vests in the U.S. Government under this contract. Non-expendable property, for purposes of this contract, is defined as property which is complete in itself, does not lose its identity or become a component part of another article when put into use; is durable, with an expected service life of two years or more; and which has a unit cost of more than $500.

Reporting Requirements: The contractor will submit an annual report on all nonexpendable property in a form and manner acceptable to USAID substantially as follows:

ANNUAL REPORT OF GOVERNMENT PROPERTY IN CONTRACTOR‘S

CUSTODY

[Name of contractor as of (end of contract year), 20XX]

Motor Vehicles Furniture and Furnishings Other Non-Expendable Property

Office Living Quarters

A. Value of Property as of Last Report

B. Transactions during this reporting period

1.

Acquisitions (add):

a. Purchased by Contractor

b. Transferred from

USAID

c. Transferred from others, without reimbursement

2. Disposals (deduct):

a. Returned to USAID

b. Transferred to USAID – Contractor Purchased

c. Transferred to other Government Agencies

d. Other Disposals

C. Value of property as of reporting date

D. Estimated Average Age of Contractor Held Property

Years Years Years Years

Property Inventory Verifications

I attest that (1) physical inventories of Government property are taken not less frequently than annually; (2) the accountability records maintained for Government property in our possession are in agreement with such inventories; and (3) the total of the detailed accountability records maintained agrees with the property value shown opposite line C above, and the estimated average age of each category of property is as cited opposite line D above.

Authorized Signature

F.9 EVALUATION

USAID reserves the right to conduct an evaluation of the activity. Unless agreed otherwise by USAID, funds for evaluation are outside the budget for the Contract, and evaluation will be contracted with a third-party contractor.

This evaluation will meet all the high-quality evaluation criteria as described in USAID’s Evaluation Policy (the link for this policy: http://www.usaid.gov/evaluation/policy). The Contractor must provide any documentation or other information required to assist with the evaluation of the activity.

F.10 AUDIT

The Contractor will be subject to audit standards and procedures based on USAID regulations and Generally Accepted Accounting Principles (GAAP).

[END OF SECTION F]

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following AIDAR clause pertinent to this section is hereby incorporated by reference (by Citation Number, Title, and Date).

USAID ACQUISITION REGULATION

AIDAR 752.7003 DOCUMENTATION FOR PAYMENT (NOV 1998)

G.2 ADMINISTRATIVE CONTRACTING OFFICE

(a) The Contracting Officer(s) in the Office of Acquisition and Assistance (OAA) at USAID/Bosnia and Herzegovina, physically located at the address found on the cover page of this contract, have the authority to administer this contract.

(b) The contractor will submit any questions concerning the administration of this contract to the Acquisition and Assistance Office at USAID/Bosnia and Herzegovina. Technical questions will be submitted to the COR.

(c) It is the contractor’s sole responsibility to inform the Contracting Officer of any requests that will affect any and all sections of the contract.

G.3 CONTRACTING OFFICER’S AUTHORITY

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

G.4 CONTRACTING OFFICER’S REPRESENTATIVE

(a) The Contracting Officer’s designated representative (COR) for this contract is TBD.

(b) The COR will be appointed by separate letter. The Contracting Officer will provide a copy of the COR designation letter to the contractor after award.

G.5 ACCEPTANCE AND APPROVAL

The COR must accept and approve all deliverables before receipt of final payment.

G.6 PAYING OFFICE

The Regional Financial Management Center (RFMC) located in USAID/Bosnia and Herzegovina will serve as the paying office for this contract.

G.7 ACCOUNTING AND APPROPRIATION DATA

TBD at contract award.

Budget Fiscal:

Operating Unit:

Strategic Objective:

Team/Division:

Benefiting Geo Area:

Expanded Object Class Code (EOCC):

Amount Obligated:

B. Contractor Specific Information:

DUNS: ____________

TIN: ____________

G.8 TECHNICAL DIRECTIONS/RELATIONSHIP WITH USAID

(a) Technical Directions under this contract are limited to the approvals required by the Contract.

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

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

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

(3) Maintain all liaison and direct communications with the Contractor. Written communications with the Contractor and documents shall be signed as "Contracting Officer’s Representative" 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 performance progress and notify the Contractor and Contracting Officer in writing of deficiencies or delays observed.

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

(7) 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, or scope. All contractual agreements, commitments, or modifications which involve prices, quantities, quality, and schedules shall be made only by the Contracting Officer.

(c) In the absence of the designated COR, the CO may designate someone to serve as COR in his/her place.

However, such action to direct an individual to act in the COR’s stead shall immediately be communicated to the Contractor.

(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 shall 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 solely authorized to approve changes in any of the requirements under this contract. 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 effects 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 at the Contractor’s sole risk.

(e) Failure by the Contractor to report to the Contracting Officer, 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.9 INVOICING INSTRUCTIONS

1) Paper Invoice Submission:

The contractor will submit one (1) original of each invoice on an SF-1034, Public Voucher for Purchases and Services Other Than Personal, to the Regional Financial Management Center (RFMC) and one (1) copy of the voucher and the invoice to the COR at USAID/Bosnia and Herzegovina:

Regional Controller Regional Financial Management Center USAID/Bosnia and Herzegovina Robert Frasure Street #1 71000 Sarajevo Bosnia and Herzegovina; and

Democracy Office USAID/Bosnia and Herzegovina Robert Frasure Street #1 71000 Sarajevo Bosnia and Herzegovina

The contractor must sign the SF-1034. Also, the contractor must submit the SF-1034 with the invoice and any other documentation in Adobe.

2) Electronic Invoice Submission: USAID encourages the electronic submission of invoices to:

AccountsPayableSarajevo@usaid.gov copying the COR on the submission.

[END OF SECTION G]

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" in Section H of this contract. See http://acquisition.gov/far/index.html for electronic access to the full text of a FAR clause.

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

722.170 EMPLOYMENT OF THIRD COUNTRY NATIONALS

(TCN'S) AND COOPERATING COUNTRY NATIONALS (CCN'S)

752.228-70 MEDICAL EVACUATION (MEDEVAC) SERVICES (JUL 2007)

752.7027 PERSONNEL (DEC 1990)

752.7032 INTERNATIONAL TRAVEL APPROVAL AND NOTIFICATION

REQUIREMENTS (APR 2014)

H.2 Language Requirements

(a) The contractor will produce all reports and deliverables in Standard English.

(b) The contractor must ensure the contractor’s employees and consultants possess the appropriate level of skill in written and spoken English and local language proficiency, as needed, to perform the contract requirements.

(c) Contractor key personnel and/or consultants must have English and local language proficiency as needed, to perform contract requirements.

H.3 752.222-70 USAID Disability Policy (DEC 2004)

(a) The objectives of the USAID Disability Policy are:

(1) To enhance the attainment of United States foreign assistance program goals by promoting the participation and equalization of opportunities of individuals with disabilities in USAID policy, country and sector strategies, activity designs and implementation;

(2) To increase awareness of issues of people with disabilities both within USAID programs and in host countries;

(3) To engage other U.S. Government agencies, host country counterparts, governments, implementing organizations and other donors in fostering a climate of nondiscrimination against people with disabilities;

and

(4) To support international advocacy for people with disabilities. The full text of USAID's policy can be found at the following Web site: http://pdf.usaid.gov/pdf_docs/PDABQ631.pdf.

(b) USAID therefore requires that the contractor not discriminate against people with disabilities in the implementation of USAID programs and that it make every effort to comply with the objectives of the USAID Disability Policy in performing this contract. To that end and within the scope of the contract, the contractor's actions must demonstrate a comprehensive and consistent approach for including men, women, and children with disabilities.

http://pdf.usaid.gov/pdf_docs/PDABQ631.pdf

H.4 752.222-71 Nondiscrimination (JUN 2012)

FAR part 22 and the clauses prescribed in that part prohibit contractors performing in or recruiting from the U.S.

from engaging in certain discriminatory practices.

USAID is committed to achieving and maintaining a diverse and representative workforce and a workplace free of discrimination. Based on law, Executive Order, and Agency policy, USAID prohibits discrimination in its own workplace on the basis of race, color, religion, sex (including pregnancy and gender identity), national origin, disability, age, veteran's status, sexual orientation, genetic information, marital status, parental status, political affiliation, and any other conduct that does not adversely affect the performance of the employee. USAID does not tolerate any type of discrimination (in any form, including harassment) of any employee or applicant for employment on any of the above-described bases.

Contractors are required to comply with the nondiscrimination requirements of the FAR. In addition, the Agency strongly encourages all its contractors (at all tiers) to develop and enforce nondiscrimination policies consistent with USAID's approach to workplace nondiscrimination as described in this clause, subject to applicable law.

H.5 752.225-70 Source and Nationality Requirements (FEB 2012)

The contractor must comply with AIDAR 752.225-70, “Source and Nationality Requirements,” (FEB 2012), which provides in full:

(a) Except as may be specifically approved by the Contracting Officer, the contractor must procure all commodities (e.g., equipment, materials, vehicles, supplies) and services (including commodity transportation services) in accordance with the requirements at 22 CFR part 228 "Rules on Procurement of Commodities and Services Financed by USAID." The authorized source for procurement is Geographic Code 937 unless otherwise specified in the schedule of this contract. Guidance on eligibility of specific goods or services may be obtained from the Contracting Officer.

(b) Ineligible goods and services. The contractor must not procure any of the following goods or services under this contract:

(1) Military equipment;

(2) Surveillance equipment;

(3) Commodities and services for support of police and other law enforcement activities;

(4) Abortion equipment and services;

(5) Luxury goods and gambling equipment; or

(6) Weather modification equipment.

(c) Restricted goods. The contractor must obtain prior written approval of the Contracting Officer or comply with required procedures under an applicable waiver as provided by the Contracting Officer when procuring any of the following goods or services:

(1) Agricultural commodities;

(2) Motor vehicles;

(3) Pharmaceuticals and contraceptive items;

(4) Pesticides;

(5) Fertilizer;

(6) Used equipment; or

(7) U.S. Government-owned excess property.

If USAID determines that the contractor has procured any of these specific restricted goods under this contract without the prior written authorization of the Contracting Officer or fails to comply with required procedures under an applicable waiver as provided by the Contracting Officer, and has received payment for such purposes, the Contracting Officer may require the contractor to refund the entire amount of the purchase.

H.6 Authorized Geographic Code

As stipulated above in Section H.5 AIDAR 752.225.70 paragraph (a), the authorized source for procurement of goods and services under this award is Geographic Code 937 (U.S., Bosnia and Herzegovina and developing countries other than advanced developing countries, and excluding prohibited sources). For more information on Source and Nationality Requirements see ADS 310.

H.7 752.228-3 Worker’s Compensation Insurance (Defense Base Act) (DEC 1991)

In addition to the requirements specified in (48 CFR) FAR 52.228-3, the contractor agrees to the following:

(a) The Contractor agrees to procure Defense Base Act (DBA) insurance pursuant to the terms of the contract between USAID and USAID's DBA insurance carrier unless the Contractor has a DBA self insurance program approved by the Department of Labor or has an approved retrospective rating agreement for DBA.

(b) If USAID or the contractor has secured a waiver of DBA coverage (see (48 CFR) AIDAR 728.305- 70(a)) for contractor's employees who are not citizens of, residents of, or hired in the United States, the contractor agrees to provide such employees with worker's compensation benefits as required by the laws of the country in which the employees are working, or by the laws of the employee's native country, whichever offers greater benefits.

(c) The Contractor further agrees to insert in all subcontracts hereunder to which the DBA is applicable, a clause similar to this clause, including this sentence, imposing on all subcontractors a like requirement to provide overseas workmen's compensation insurance coverage and obtain DBA coverage under the USAID requirements contract.

Pursuant to AIDAR 752.228-3 Worker’s Compensation Insurance (Defense Base Act), to obtain DBA insurance Contractors must apply for coverage directly to AON Risk Insurance Services Inc., the agent for AWAC DBA Insurance. For instructions on the required application form and submission requirements, contact the following office:

H.8 DBA Insurance and Services Agent

a) Pursuant to AIDAR 752.228-3 Worker's Compensation Insurance (Defense Base Act), to obtain DBA insurance, contractors and subcontractors must apply for coverage directly from AON Risk Insurance Services (AON), the agent for Allied World Assurance Company (AWAC).

Contractors must apply for coverage directly to AON Risk Insurance Services Inc., the agent for AWAC DBA Insurance. For instructions on the required application form and submission requirements, contact the following office:

AON Risk Insurance Services West, Inc. 2033 N. Main, St., Suite 760, Walnut Creek, CA 94596-3722 Hours: 8:30 A.M. to 5:00 PM, Pacific Time Primary, Contact: Fred Robinson, Phone: (925) 951-1856, Fax: (925) 951-1890, Email: Fred.Robinson@aon.com

b) In compliance with Agency guidelines, Contractors will be required to submit a copy of DBA coverage for which contract performance is to occur outside of the U.S. This document must be provided prior to start of performance overseas.

H.9 752.7005 Submission Requirements for Development Experience Documents (SEP 2013)

(a) Contract Reports and Information/Intellectual Products.

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

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

and

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

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

(B) The contractor's information that is incidental to award…