Final Edited_RFP_Nov 19 (Ver 2).pdf

The highlighted text in yellow indicates new or substantively revised text in the RFP.

Request for Proposals (RFP) No.: 72016819R00007 Issue Date: October 1, 2019 Questions Due: 9:00 a.m. Sarajevo Bosnia time, October 9, 2019 Closing Date: 3:00 p.m. Sarajevo Bosnia time, December 6, 2019 Geographic Code: 935 NAICS Code: 541519

Dear Sir/Madam:

The United States Government, represented by the U.S. Agency for International Development (USAID), through the Mission in Bosnia and Herzegovina (BiH), contemplates award of a five year Cost-Plus-Fixed-Fee (CPFF) Completion contract to implement the E-Governance Activity.

The estimated price range of the contract is $9M-$11M, subject to the availability of funds and other internal USAID approvals.

This procurement will be conducted under small business set aside procedures, pursuant to Part 15 of the Federal Acquisition Regulation (FAR) (48 CFR Chapter 1). USAID encourages offerors to express interest in this solicitation by submitting a proposal in accordance with the instructions in Section L - Instructions to Offerors. USAID will evaluate the responsive proposals in accordance with the evaluation factors provided in Section M – Evaluation Factors for Award.

USAID encourages the participation to the maximum extent possible of U.S small business (SB) in this activity as prime or subcontractors in accordance with Part 19 of the FAR.

Electronic responses to this RFP are mandatory (see Section L). Please submit your proposals to the email address below by the due date and time listed above. Receipt time is when the proposal is received by the AID/Washington internet server. The address for the receipt of proposals is: sarajevooaa@usaid.gov Hand delivered proposals (including commercial courier) and facsimile transmission will not be accepted.

The Technical Proposal has a strict twenty-five (25) page limit including annexes. Offerors are advised that any pages exceeding this limit will not be evaluated. Offerors are reminded that evaluators have to be able to read the proposals, so presentation and legibility are crucial. The Statement of Work (SOW) is provided in Section C.

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

This RFP does not obligate the United States Government to award a contract nor does it commit USAID to pay any cost incurred in preparing and submitting your proposal. In addition, the Government reserves the right to reject any and all offerors, if such action is considered to be in the best interest of the Government. Furthermore, the Government reserves the right to make an mailto:sarajevooaa@usaid.gov https://www.fbo.gov/

TABLE OF CONTENTS

PART I—THE SCHEDULE 6

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS 6

B.1 PURPOSE 6

B.2 CONTRACT TYPE 6

B.3 ESTIMATED COST, CEILING PRICE, FIXED FEE, AND OBLIGATED

AMOUNT 6

B.4 PRICE SCHEDULE 6

B.5 CONTRACT BUDGET 7

B.6 OPTION TO EXTEND TERM OF THE CONTRACT 7

B.7 INDIRECT COSTS 8

B.8 CEILING ON INDIRECT COST RATES (IF APPLICABLE) 8

B.9 MULTI-YEAR CONTRACT AND CANCELLATION CEILING 9

B.10 COST REIMBURSABLE 10

B.11 PAYMENT OF FIXED FEE 10

C.1 PURPOSE 11

C.2 SCOPE OF THE ACTIVITY 11

C.3 SPECIFIC TECHNICAL REQUIREMENTS/TASKS 12

C.4 MONITORING, EVALUATION, AND LEARNING (MEL) 21

SECTION D - PACKAGING AND MARKING 24

D.1 MARKING 24

D.2 BRANDING 24

D.3 BRANDING AND MARKING POLICY 26

SECTION E - INSPECTION AND ACCEPTANCE 27

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

E.2 INSPECTION AND ACCEPTANCE 27

SECTION F - DELIVERIES OR PERFORMANCE 28

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

F.2 PERIOD OF PERFORMANCE 28

F.3 PLACE OF PERFORMANCE 28

F.4 PERFORMANCE STANDARDS 28

F.5 KEY PERSONNEL 29

F.6 AUTHORIZED WORK DAY/WEEK 29

F.7 PERIODIC PROGRESS REPORTS 29

F.8 REPORTS 29

F.8.1 Deliverables/Reports Submission Schedule 30 F.8.2 Annual Work Plans 34 F.8.3 Monitoring, Learning, and Evaluation (MEL) Plan 35 F.8.4 Quarterly Performance Reports 35 F.8.5 Quarterly Financial Report 36 F.8.6 Quarterly Accrual Report 36 F.8.7 Annual Summary Report 36 F.8.8 Submission of Development Experience Documents 36

F.8.9 Demobilization Plan 38 F.8.10 Completion Report 38 F.8.11 Special Reporting 38 F.8.12 Government Property—USAID Reporting Requirements 39

F.9 EVALUATION 40

F.10 AUDIT 40

F.11 SUBMISSION OF REPORTS 40

SECTION G – CONTRACT ADMINISTRATION DATA 41

G.1 ADMINISTRATIVE CONTRACTING OFFICE 41

G.2 CONTRACTING OFFICER’S AUTHORITY 41

G.3 CONTRACTING OFFICER’S REPRESENTATIVE 41

G.4 TECHNICAL DIRECTION/LIMITATIONS OF CONTRACTING OFFICER’S

REPRESENTATIVE 41

G.5 ACCEPTANCE AND APPROVAL 43

G.6 PAYING OFFICE 43

G.7 DOCUMENTATION FOR PAYMENT 43

G.8 INVOICING INSTRUCTIONS 45

G.9 ACCOUNTING AND APPROPRIATION DATA 45

SECTION H - SPECIAL CONTRACT REQUIREMENTS 47

H.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 47

H.2 LANGUAGE REQUIREMENTS 47

H.3 AUTHORIZED GEOGRAPHIC CODE 47

H.4 DBA INSURANCE AND SERVICES AGENT 48

H.5 PERSONNEL APPROVALS (AIDAR 752.7007 AND 752.7027) 49

H.6 302.3.5.22 SUBMISSION OF DATASETS TO THE DEVELOPMENT DATA

LIBRARY (DDL) 51

H.7 NONEXPENDABLE PROPERTY PURCHASES 53

H.8 GOVERNMENT FURNISHED FACILITIES OR PROPERTY 53

H.9 LOGISTIC SUPPORT 53

H.10 DISCLOSURE OF INFORMATION 53

H.11 ORGANIZATIONAL CONFLICTS OF INTEREST 54

H.12 EXECUTIVE ORDER ON TERRORISM FINANCING 54

H.13 FOREIGN GOVERNMENT DELEGATIONS TO INTERNATIONAL

CONFERENCES 54

H.14 ENVIRONMENTAL COMPLIANCE 54

H.15 CONSENT TO SUBCONTRACT 56

H.16 USAID-FINANCED THIRD-PARTY WEB SITES (AUG 2013) 56

H.17 ELECTRONIC PAYMENT SYSTEM 57

PART II—CONTRACT CLAUSES 59

SECTION I - CONTRACT CLAUSES 59

I.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 59

I.2 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

I.3 AIDAR 752.252-2 AIDAR CLAUSES INCORPORATED BY REFERENCE (MAR

2015) 62

I.5 FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) 63

I.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) 63

I.7 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015) 63

I.8 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL

2014) 64

I.9 AIDAR 752.227-14 RIGHTS IN DATA - GENERAL (OCT 2007) 64

I.10 AIDAR 752.229-71 REPORTING OF FOREIGN TAXES (JUL 2007) 65

I.11 AIDAR 752.231-71 SALARY SUPPLEMENTS FOR HOST GOVERNMENT

EMPLOYEES (MAR 2015) 66

I.12 AIDAR 752.7036 USAID IMPLEMENTING PARTNER NOTICES (IPN)

PORTAL FOR ACQUISITION (JUL 2014) 66

I.13 AIDAR 752.7037 CHILD SAFEGUARDING STANDARDS (AUG 2016) 68

I.14 AIDAR 752.7038 NONDISCRIMINATION AGAINST END-USERS OF

SUPPLIES OR SERVICES (OCT 2016) 69

PART III—LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS 70

SECTION J—LIST OF EXHIBITS AND ATTACHMENTS 70

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER

STATEMENTS OF OFFERORS 71

K.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

K.2 FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN

2019) 71

K.3 52.204-24 REPRESENTATION REGARDING CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (AUG 2019) 75

K.4 FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS

(JUL 2013) 76

K.5 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS-

CERTIFICATION (JUN 2018) 78

K.6 AGREEMENT ON, OR EXCEPTIONS TO, TERMS AND CONDITIONS 79

K.7 AUTHORIZED NEGOTIATORS 80

K.8 SIGNATURE 80

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS 81

L.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998) 81

L.2 NOTICE LISTING SOLICITATION PROVISIONS AND CONTRACT CLAUSES

INCORPORATED BY REFERENCE 81

L.3 FAR 52.216-1 TYPE OF CONTRACT (APR 1984) 82

L.4 FAR 52.233-2 SERVICE OF PROTEST (SEP 2006) 82

L.5 EXPLANATION TO PROSPECTIVE OFFERORS 82

L.6 PROPOSAL PREPARATION AND SUBMISSION – SPECIAL INSTRUCTIONS

L.6.B.1. Factor 1 – Detailed Draft Work-plan (See Section M.4 (a)) 84 L.6.B.2. Factor 2 – Management Approach (See Section M.4 (b)) 85 L.6.B.3. Factor 3 Sustainability Plan (See Section M.4 (c)) 85 L.6.B.4. Factor 4 – Past Performance (See Section M.4 (d)) 85

L.7 BRANDING IMPLEMENTATION STRATEGY AND MARKING PLAN 95

SECTION M - EVALUATION FACTORS FOR AWARD 96

M.2 GENERAL INFORMATION 96

M.3 METHOD OF EVALUATION 96

M.4 EVALUATION FACTORS 97

M.5 DETERMINATION OF COMPETITIVE RANGE 101

M.6 COST/PRICE EVALUATION 101

M.7 COST REALISM 102

M.8 SOURCE SELECTION 102

RFP# 72016819R00007

USAID/BiH E-Governance Activity

PART I—THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 PURPOSE

The United States Agency for International Development’s (“USAID” or the “Agency”) mission to Bosnia and Herzegovina (BiH) requires technical services to implement the E-Governance Activity contract as described in Section C to support initiatives to increase transparency and decrease corruption in targeted government-led processes, which include interactions between public officials and potential investors, local businesses, and citizens.

B.2 CONTRACT TYPE

A five year, Cost-Plus-Fixed-Fee (CPFF) Completion Contract is being contemplated. For the consideration set forth in the contract, the contractor must provide the deliverables and results described in Section C and Section F (to be incorporated at contract award). The contractor must also comply with all other contract requirements.

B.3 ESTIMATED COST, CEILING PRICE, FIXED FEE, AND OBLIGATED

AMOUNT

(a) The estimated cost for the performance of the work required hereunder, exclusive of fixed fee, if any, is $[To be decided (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] 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 CONTRACT BUDGET

The total cost (including fixed fee) stated below may not be adjusted without a written modification signed by the Contracting Officer. No amounts in excess of the amounts specified for each line item below shall be billed against the Contract.

Direct Costs $[TBD] Indirect Costs $[TBD] Subcontracts $[TBD] Fee $[TBD] Total Estimated Cost $[TBD]

(a) The inclusion of any costs in the above budget 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- 7, “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, the Contractor must not adjust these amounts without a written modification signed by the Contracting Officer. The Contractor must not bill any amounts against this contract in excess of the amounts specified for each line item.

(b) The Contractor agrees to furnish data that the Contracting Officer may request on costs expended or accrued under this contract.

(c) Without the prior written approval of the Contracting Officer, the Contractor must not exceed the total estimated cost set forth in the budget or the total obligated amount, whichever is less.

B.6 OPTION TO EXTEND TERM OF THE CONTRACT

Pursuant to FAR 17.208(g) and to the FAR clause incorporated by full text in Section I entitled “52.217-9 OPTION TO EXTEND TERM OF THE CONTRACT (MAR 2000)”, 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.

Cost Category 1st Option 2nd Option 3rd Option 4th Option 5th Option 6th Option To Extend To Extend To Extend To Extend To Extend To Extend

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

Total Estimated Cost Fixed Fee Total Estimated Cost

B.7 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.8 CEILING ON INDIRECT COST RATES (IF APPLICABLE)

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

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

1/Base of Application:

Type of Rate:

Period:

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

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

B.9 MULTI-YEAR CONTRACT AND CANCELLATION CEILING

This contract is subject to the requirements of FAR 17.106.

(a) 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.

(b) If cancellation under the clause at FAR 52.217-2, “CANCELLATION UNDER MULTI- YEAR CONTRACTS (OCT 1997)” occurs, the contractor will be paid a cancellation charge not over the cancellation ceiling defined as follows:

Program Year Cancellation Date Cancellation Ceiling

Year 2 [TBD] $[TBD] Year 3 [TBD] $[TBD] Year 4 [TBD] $[TBD] Year 5 [TBD] $[TBD]

The Government’s liability for cancellation charges shall not exceed $[TBD]. This amount will be reduced in accordance with FAR 17.106-1 (c)(1) at the conclusion of each program year as follows:

The cancellation ceiling shall be the amount allotted to this contract under the Limitation of Funds clause (FAR 52.232-22(b)) at the time the cancellation notice is issued by the Contracting Officer.

(c) In accordance with the Cancellation under Multi-year Contracts clause, the cancellation charge will cover only:

1. Costs:

− Incurred by the contractor and/or subcontractor;

− Reasonably necessary for performance of the contract; and − That would have been equitably amortized over the entire multi-year contract period but, because of the cancellation, are not so amortized; and

2. A reasonable profit or fee on the costs.

B.10 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.11 PAYMENT OF FIXED FEE

Pursuant to FAR 52.216-8 and upon receipt of a proper invoice, USAID will pay a portion of the fixed fee in accordance with the following delivery schedule:

Identifier Performance

Objective/Deliverable /Output ** Contractor to propose meaningful deliverables before payment.

Reference Section

Submission Date Means of Verification

$ Amount

A B C

Pursuant to FAR 52.216-8 payment of the fixed fee shall be made as specified in the Schedule above; provided that the Contracting Officer withholds a reserve not to exceed 15 percent of the total fixed fee or $100,000, whichever is less, to protect the Government's interest. The Contracting Officer shall release 75 percent of all fee withholds under this contract after receipt of an adequate certified final indirect cost rate proposal covering the year of physical completion of this contract, provided the Contractor has satisfied all other contract terms and conditions, including the submission of the final patent and royalty reports, and is not delinquent in submitting final vouchers on prior years' settlements. The Contracting Officer may release up to 90 percent of the fee withholds under this contract based on the Contractor's past performance related to the submission and settlement of final indirect cost rate proposals.

Nothing in the preceding paragraph precludes the possibility of both parties agreeing to quick-closeout procedure in accordance with FAR 42.708.

END OF SECTION B

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SECTION C - DESCRIPTION/SPECIFICATIONS STATEMENT OF WORK

C.1 PURPOSE

The purpose of this activity is to support initiatives to increase transparency and decrease corruption in targeted government-led processes, which include interactions between public officials and potential investors, local businesses, and citizens. The focus of the assistance will be on minimizing the discretion of public officials in decision making, which often results in the abuse of authority and hindering processes with which they are entrusted, and on empowering watchdog organizations for greater scrutiny over government-led processes.

This activity design was developed in cooperation with the local stakeholders and other donors.

However, the specific technical solutions will be developed in close cooperation with the host government beneficiaries.

The activities must be coupled and complemented by the tailored actions geared towards capacity building in Civil Society Organizations (CSOs) watchdog organizations (new USAID Civil Society - Anti-Corruption activity entitled CS-AC) that must focus on public procurement processes. The activity shall also work with the COR to leverage relevant departments from the US Embassy in Sarajevo (Economic and Political Sections) to facilitate rapid and smooth adoption of the regulations and policies targeted by this project.

C.2 SCOPE OF THE ACTIVITY

The focus area of the activity is digitalization as a tool for fighting corruption. The Contractor must employ a comprehensive set of initiatives to tackle interoperability issues between the different levels of the BiH governments (State BiH, Republika Srpska, Federation of BiH), while enhancing the efficiency of the governmental institutions responsible for providing different services to businesses and citizens. This activity is also focused on improving transparency in government-led processes and increasing participation of the private sector and citizens in public proceedings and decision-making processes. The main activity tasks are:

A.1 Assisting local authorities to adopt the country-wide e-signature service.

A.2 Automating processes that have an immediate, positive impact on BIH’s citizens and businesses by reducing corruption and improving efficiency of administration in USAID-selected Government to Government (G2G), Government to Business (G2B) and Government to Citizens (G2C) services.

A.3 Technical assistance for the Public Procurement Agency (PPA) for increased transparency, risk mitigation and enhanced scrutiny in processes related to public procurements/tenders by automating processes.

A.4 Increase the technical capacity of the governmental institutions to work with wider public and empower the selected watchdog organizations over the government-led processes for increased scrutiny.

It is estimated that $4.5M of the budget will be for hardware, software, licenses, and IT related works/programming for most of the items). Of that, an estimated $2.5 million will be used for procurement of hardware and software licenses. The Contractor must research, identify, and procure the hardware and develop the software. In some cases, possible cost-share with the host government could be further explored.

See Attachment J.1 for background information.

C.3 SPECIFIC TECHNICAL REQUIREMENTS/TASKS

For all ICT systems to be developed under E-Governance Activity, the implementer must develop appropriate tools which will ensure the security and integrity of ICT systems and its data. When addressing this requirement, the implementer must consider different important factors such as level of system and data accessibility in terms of involvement of multiple organizations and access to information of public, privacy of data, etc. The implementer should consider that most of the ICT systems to be developed under E-Governance Activity will have either remote access through LPNs or will be Web-based for the benefit of communication purposes and the quick exchange of services and data. The implementer will be required to identify the relevant cyber-risk for each of the ICT systems, and propose adequate tools for mitigating them.

A.1. Assistance to local authorities to adopt relevant standards and the appropriate IT infrastructure recommendations (no equipment) for country-wide certification of documents through digital stamp and signature.

Beneficiary: State of BiH , Federation of BiH (FBiH), Republika Srpska (RS), Brcko District (BD), private sector and citizens

Focus of assistance: G2G, G2B, G2C

Illustrative/Estimated LOE: 9%

Activities include but are not limited to:

Detailed analysis of the current legislation pertaining to the e-signature framework at all levels of the government (state and entities)

Assisting local authorities in drafting amendments to the state legislation and relevant corresponding entity legislation to ensure harmonization in accordance with the EU regulations, with focus on enabling e-signature and Certifying Authority (CA) accreditation country-wide. The implementer should explore the current readiness of the potential CA authorities, such as the Agency for Information Society in RS, Indirect Tax Authority (ITA), Agency for Identification Documents, Registers, and Data Exchange (IDDEEA), etc. The goal would be to align the existing sector laws, regulations and corresponding administrative procedures with the e-signature laws.

Such intervention would focus on but would not be limited to the Law on Administrative Procedure and the Law on Archives.

Provide capacity building for the formal internal technical support structure for the relevant Ministries and agencies at different levels of government. Provide technical assistance/training on topics such as EU Directives on e-signature, among others, to the staff at different levels of the government, including the three interoperability groups.

When the preconditions are created, work on the conditions for provision of services within Institutions in BiH by establishing and/or consolidating the legal framework for all types of documents, registers of services, businesses, e-maps etc. to adopt the legal and procedural processes accommodating the e-signature reform. These are the foundations for the provision of electronic services and the entity governments are expected to complete this task. In coordination with the State Council of Ministers (CoM) and the two entity interoperability groups, assist institutions at the different levels of the government to draft and sign interoperability agreements and protocols. Assist the local governments to improve vertical and horizontal interoperability among institutions is established for each service through agreements and protocols that regulate legal, semantic, process, and technical cooperation among institutions.

Support specific agencies which are close to completion of the CA accreditation process. Multiple agencies from the state and entity levels should be accessed and surveyed in terms of technical capacity and readiness to adopt the relevant European Union (EU) standards required for CA accreditation process. The Contractor’s interventions must create a pool of agencies that are interoperable and able to recognize each other’s certificates. Some of these agencies’ efforts to obtain certification endorsement, like Indirect Tax Authority and Agency for Identification Documents, Registers, and Data Exchange (IDDEEA) efforts, are currently supported by the EU but not entirely. Under this award USAID/BiH will consider providing specifically tailored technical assistance to the Indirect Taxation Authority (ITA) and BiH Agency for Identification Documents, Registers, and Data Exchange (IDDEEA) as well as to the FBiH and RS Tax Administrations, and the RS Agency for Information Society. The assistance can also be provided in aligning existing sector laws and administrative procedure regulations with e- signature law.

The technical assistance should also support amending operating procedures of these agencies, integrating e-signature into existing systems and IT security.

Expected Results:

Result 1 (output): Analytical update of the state of legislative framework relevant for e-signature.

Result 2 (output): Drafted regulations/procedures regarding more harmonized e-signature related legislation.

Result 3 (outcome): Improved technical capacity in the appropriate ministries, agencies and other relevant governmental institutions relevant for facilitation of the e-signature platform.

Result 4 (outcome): Improved horizontal and vertical interoperability.

Result 5 (outcome): # of EU standards and procedures as mandated in the relevant EU Directives adopted by at least two BiH institutions (State or entity level).

A.2 Automating processes that will have an immediate, positive impact on BIH’s citizens and businesses by reducing corruption and improving efficiency of administration in selected Government to Government (G2G), Government to Business (G2B) and Government to

Company (G2C) services.

Beneficiary: FBiH, RS

Municipal pilots (construction permitting departments and utility providers)

Entity extra budgetary funds (Health, pension, unemployment, war veterans)

Illustrative/Estimated LOE: 50%

The ultimate goal of these tasks is to improve transparency and reduce face-to-face interaction between public officials who are service providers and the beneficiaries or service users.

Activities include but are not limited to:

A.2.a. Inspection Services Information Management System (IMS) for the entity inspections.

The contractor must develop a new IMS for all inspection services in RS and FBiH. The current software platform must be replaced with the new software solutions, which must be based on the RS Government preferences and must ensure compatibility and interoperability within the RS Government institutions, as well as with the relevant State and FBiH entity agencies. For the development of this software solution the Contractor must consider the existing binding strategic agreements that both entity governments have with the leading IT software providers. The new IMS entity systems must be developed in a way which will allow for data transfer/migration from the old application.

Inspection Services IMS must include:

● Modules for the inspection services provided by the entity inspections at the border, in order to improve inspections in terms of time and cost, while offering more transparent and efficient inspection services for the foreign trade.

● Module for advanced analysis which will enable better understanding of trends and inspection needs

● Module for compliance/self-assessment. Legislation is often too complex and too demanding on small businesses. Often there are multiple laws governing operation of a small shop or businesses. This section addresses this situation by helping businesses and citizens to better understand the requirements for certain legal actions controlled by the inspections. The system must include modules for on-line self-assessment of businesses and citizens to enable better understanding of the legal requirements (the non-transparency of legal requirements that creates possibilities for personal interpretations of the legislation by inspectors was repeatedly stressed by businesses as a problem that also creates possibilities for kick-backs and rent seeking behavior). In reality, these can be reference check lists that list all legal requirements, equipment, documents etc that SME or citizen must provide before starting a business, or must have in a shop at all times, etc.

● Module which will enable interoperability with other agencies in BiH (entity and state)

● The system must also have checklists and relevant legislation provisions for greater transparency and better understanding of the inspection findings by the businesses.

● The system must be designed to allow risk-based audits/inspections

● The outdated equipment must be replaced to enable deployment of the new IMS system, and it will be identified and purchased by the implementer in close cooperation with the host government. This system is expected to combine the e-business and mobile technology solutions for the best practices in inspection services.

● Mapping of the existing business process

● The contractor shall include all required legislative and procedural upgrades identified during mapping of the existing business processes. All such upgrades must be previously communicated to and agreed by USAID and host government partners.

A.2.b Municipal Pilots.

The contractor is expected to create the state-of-the-art /enterprise system and serves required number of departments within a selected local government, while coordinating and linking a broad range of activities such as cadaster, planning, development, geographic information system (GIS), building safety services, finance, public utilities, fire safety, and public health. In coordination with USAID, the contractor must select 5 pilot municipalities throughout the country to implement this software solution. The same system must allow for further replication in other municipalities.

Given that the World Bank (WB) through the International Finance Corporation is already implementing a similar pilot project in Banja Luka and Gradiska, this project must coordinate closely with the WB/IFC to develop similar IT solutions in other BiH municipalities. The Contractor may use the existing WB software platform and expand it to selected pilots. Should the contractor opt to use the existing WB’s e-Construction Permits software which is being implemented in Banja Luka and Gradiska, USAID may facilitate the transfer of the source code.

In the Republika Srpska, the source code will be in possession of the RS Government. The principal contract for e-construction works and use of source code in the RS will be the RS Ministry of Spatial Planning, Construction and Ecology. For implementation in the FBiH municipalities, the permission for use of the source code will be facilitated in cooperation with USAID and IFC. For eventual additional information on this please contact the IFC’s Private Sector Specialist. Should the contractor choose to use the WB’s e-construction permitting application, some level of customization will be necessary.

The 5 pilot municipalities will be selected and prioritized based on the volume of past and planned construction in the near future.

The implementer shall create an integrated web-based system that includes, but is not limited to the following modules:

● plan review

● inter- and intra-departmental permitting status

● inspection scheduling

● fee calculation and collection

● workflow management

● customer communications through web-based customer services

● inter- and intra-departmental communication and management

Such a sophisticated electronic permitting tool application must be able to coordinate activities and approval processes of all construction related departments in real time. In addition, the system must enable the flow of information from the electronic permitting tool in order to be shared with multiple agencies, such as tax, transportation, utilities, labor inspection etc.

The contractor must identify and purchase necessary hardware to enable implementation of this task.

The contractor shall include all required legislative and procedural upgrades identified during mapping of the existing business processes. All such upgrades must be previously communicated to and agreed by USAID and host government partners.

A.2.c. Creation of a centralized e-social register system.

● Analysis of the relevant legislation pertaining to the creation of the subject registers must be performed.

● This system must track allocation of social benefits for the two entity governments, integrated across all levels of entity government ministries and agencies. USAID anticipates that Memoranda of Understanding will be signed with the relevant stakeholders after this contract is awarded.

● The system must be integrated (or shared) with the IT system used by the Ministries of Finance for required oversight.

● The contractor may design and develop a digital social benefit score card for citizens in order to centralize subventions and have better monitoring

● The entity systems must be compatible and interoperable, so they enable data exchange.

Centralized registries must also allow for better monitoring, cross-link benefits across entity ministries and department by regular data exchanges.

● The contractor must identify and purchase necessary hardware and develop the software to enable implementation of this task.

● The contractor shall include all required legislative and procedural upgrades identified during mapping of the existing business processes. All such upgrades must be previously communicated to and agreed by USAID and host government partners.

For all Component A.2 (NOT system development), the contractor must develop and provide to

USAID:

● User Acceptance Test Plan

● User Acceptance Testing by all stakeholders/users of the system

● On-site training of relevant government personnel

● User manuals and system documentation. The contractor should provide description of

Analytics Tools to enable easy monitoring of data and enable tighter managerial control and intelligent report generation.

● A warranty and maintenance period for IT systems described under the A.2. The Government will take over the warranty at the end of the contract period. This should be established in a general Memorandum of Understanding, as well as in all individual technical memorandums signed between the implementer and beneficiaries.

Expected Results:

Result 1 (output): Analysis produced, recommending the most viable IT solution for IMS system in RS and FBiH. Procured and installed compatible equipment in both entities.

Result 2 (outcome): All inspection services in RS and FBiH included in a real-time IMS inspection system. Independent entity IT systems integrated in a way to enable data exchange.

Result 3 (outcome): Reduced time and cost associated with inspections. Improved transparency in inspections measured by perception of the businesses.

Result 4 (outcome): Risk based audit methodology/approach for the businesses fully implemented in the RS and FBiH inspections.

Result 5 (outcome): Enterprise system for e-construction permitting fully implemented in 3-5 selected municipalities in FBiH and RS.

Result 6 (outcome): Time and cost associated with the e-construction permitting reduced.

Result 7 (outcome): Created e-social integrated registers of social benefits and beneficiaries for the RS and FBiH.

Result 8 (outcome): Reduction in number of beneficiaries and reduction of public expenditures related to the social benefits.

A.3 Assistance for the Public Procurement Agency (PPA) for increased transparency, risk mitigation and enhanced scrutiny in processes related to public procurements/tenders.

Beneficiary: State of BiH, Republika Srpska, Federation of BiH, selected Cantons

Focus of assistance: IT platform for enhanced internal control over the procurements at cantonal level

Illustrative/Estimated LOE: 33%

E-procurement is a system which enables authorized employees or procurement authorities to make a purchase of goods and services indirectly by using digital services. The entire idea behind the e-procurement systems is to automate the process in all of its phases in order to increase transparency and efficiency while minimizing opportunities for fraud and harmful corrupted procurement practices. The e-procurement starts in the early phase of the process, as it follows the entire process from the decision making moment to initiate purchase through to the invoicing and the receipt of services/goods.

BiH currently has a system in place. The Public Procurement Agency (PPA) already has a semi-developed E-Procurement system that will be further developed and improved in the next 2-3 years. Under the new regulations, all contracting authorities are obligated to publish all information on the www.ejn.gov.ba portal. As of 1 January 2018, the publication of tender documentation on the portal became mandatory for all procurements. The system’s development was funded by Germany’s GIZ, which also has secured funding for future updates of the system (with a number of additional features to be added to the system). The system is web- based - on the WisPPA (Web Information System for Public Procurement Agency) and GO PROCURE online systems, both of which were available on separate domains but are also accessible via the unique Public Procurement Agency’s website.

http://www.ejn.gov.ba/

The system is currently being upgraded in phases and this is the opportunity for USAID to further advance the system by adding new features for added transparency and anti-corruption control.

All interventions proposed under this concept note have been discussed and supported by GIZ and PPA Management. The Contractor must analyze and discuss possible positioning (independent or integrated databases) of the software solutions proposed under this SOW with the PPA and GIZ, and to propose the level of such integration with the existing e-Procurement software.

Activities include but are not limited to:

USAID’s funding will focus on several upgrades of the system that should ensure better transparency and accountability in public procurement processes, such as:

A.3.a. USAID will assist the PPA to establish the centralized procurement IT application and related processes in the 4 pilot Cantons that earlier expressed their interest for a simplified procurement modality.

These 4 Cantons include Sarajevo, Tuzla, Zenica-Doboj, and Gorazde. The contractor must identify and purchase necessary software and hardware (if appropriate, based on analysis) to enable implementation of this task.

A.3.b. The contractor shall include all required legislative and procedural upgrades identified during mapping of the existing business processes.

All such upgrades must be previously communicated to and agreed by USAID and host government partners.

The Contractor must develop the following 2 systems to work with (via integration or as a standalone system) within the GIZ e-procurement system:

A.3.b.(1) Social Witnesses Engagement /Module (Audience participation in procurement process): Social witnesses are non-government organizations and individuals selected by the government through public tendering. They are required to participate in all stages of public tendering procedures above certain thresholds, in order to ensure fair competition, transparency and public scrutiny. This module inside the PPA system is one to which the public may have limited access (depending on the needs of the PPA). It is to be an interactive database such that individuals, NGOs etc. (“social witnesses”) can serve as witnesses in the tender process. The government maintains a registry of the approved social witnesses and evaluates their performance on an annual basis. This intervention may require some legislative changes to be drafted by the implementer. In addition to the legislative upgrades, the contractor must identify and purchase necessary software and/or hardware to enable implementation of this task. All such legislative upgrades must be previously communicated to and agreed by USAID and host government partners.

A.3.b.(2) Contractor/Vendor Past Performance Report (Selection based on past performance): For all governments, in order to get the best value, it is important to have companies of all sizes have access to public procurement contracts. Participation in public procurements through fair competition can be achieved only through streamlined tendering procedures and reduced bureaucracy, which reduces opportunities for corruption on the

“demand” side. However, in order to ensure fair competition and to sanction corrupt practices, the “supply “side also needs to be sanctioned for corrupt practices. Those companies with a demonstrated track record of integrity breaches should be excluded from access to public procurement contracts, or their dishonest behavior should be flagged for added scrutiny during tender processes. One of such ways to achieve this is through Contractors Performance Reports, frequently used in US procurement systems. Such reports ensure that the government focuses on doing business with contractors who value integrity, performance and quality. US Government agencies have been directed to improve the quantity, quality, and utilization of vendor performance information through the use of two systems: Vendor past performance information including an identification and description of the relevant contract, ratings across six dimensions (quality, schedule, cost, utilization of small business, etc.), and a narrative for each rating is contained within the Past Performance Information Retrieval System (PPIRS). Additional information regarding certain business integrity issues, including contracts terminated for default or cause, information about criminal, civil, or administrative procedures related to a federal contract; and prior findings that a contractor is not responsible, is captured in the Federal Awardee Performance and Integrity Information System (FAPIIS). Similar reporting system can be established within the PPA, with the set threshold value (e.g. reporting is done for all contracts with the value of KM 100,000 and above). The contractor must identify and purchase necessary hardware to enable implementation of this task. The contractor must include all required legislative and procedural upgrades identified during mapping of the existing business processes. All such upgrades must be previously communicated to and agreed by USAID and host government partners.

A.3.c. Other Requirements for A.3.

● Perform survey in the PPA on the agency’s job systematization.

● Perform the SWAT analysis of PPA human resources.

● Provide expert level specialized training to PPA staffers on selected topics relevant to the BIH procurement issues, as desired by the PPA.

● Introduce PPA staffers to the public procurement best practices in accordance to the EU and world standards.

● Perform User acceptance testing

● Develop User acceptance test plan

● Provide on-site training

● Develop and provide user manuals and system documentation, including source code to ensure sustainability.

● Develop Analytics Tools to enable easy monitoring of data and enable tighter managerial control and intelligent report generation.

● Provide a warranty and maintenance period which the Government will continue after this contract is over. A Memorandum of Understanding should be developed for this.

Expected Results:

Result 1 (outcome): Improved and centralized procurement practices in 4 Cantons through four centralized IT procurement systems.

Result 2 (outcome): Savings achieved through centralized procurements expressed as a % of total procurement value year to year.

Result 3 (outputs): (a) Social Witness Database developed and deployed. (b) Social witness organizations participating in procurement processes.

Result 4 (outputs): (a) CPARS database developed and deployed. (b) CPARS populated with data and reports about past performance generated after the deployment of the database.

Result 5 (outcome): Increased technical capacity and knowledge of the PPA staffers.

For all the above systems aside from the system development a user acceptance testing by all stakeholders/users of the system should be conducted and user acceptance test plan should be developed. In addition, the Contractor must provide on-site training and develop user manuals and system documentation, including source code to ensure sustainability. The contractor should develop Analytics Tools to enable easy monitoring of data and enable tighter managerial control and intelligent report generation. A warranty and maintenance period for both systems should also be clearly indicated.

A.4 Assistance to selected civil society organizations (CSOs) for increased public participation in government-led processes in coordination with the Public Procurement Agency.

Beneficiary: Public Procurement agency, targeted CSO community, wider BiH public

Focus of assistance: Open government, increased transparency

Illustrative/Estimated LOE: 8%

The primary development hypothesis for the new civil society anti-corruption activity is:

“If USAID supports anti-corruption efforts of local civil society to reach out and partner with a wide array of stakeholder groups, including the private sector, media and Bosnian public, CSOs’ influence must be more effective and must increase the cost of public corruption, building disincentives for public officials.”

The tasks under this component must fully support the above development hypothesis.

The Contractor must include selected CSO organizations assisted under the new civil society anti-corruption (CS-AC) activity in all phases of development of the E-Governance Activity’s planned tasks. The goal is to ensure the CSOs have all data and training necessary to analyze and interpret data provided through USAID funded and designed systems. This data for the sake of greater transparency must be disseminated to the wider public to increase the pressure on public officials in order to curb corruption, waste, and misuse of public funds. Further, this component must intensively work with the PPA staffers to increase their technical knowledge and capacity related to the best procurement practices in EU countries.

Weaknesses/needs: Corruption discourages foreign investment and erodes citizen trust in government institutions. Part of the problem is a lack of knowledge that the citizens and CSOs have on selected topics; additional problem is in the limited access that CSO have to data resources, and/or in the limited ability to analyze and interpret data. This is often coupled with the lack of knowledge and insufficient training on digital systems on the part of the government agency staffers, lack of efficient digital tools, or technical barriers that can provide relevant information.

Activities include but are not limited to:

A.4.a Analyze “modus operandi” and level of technical knowledge of the selected partner CSOs on reforms to be funded by E-Governance Activity in close cooperation with the new CSO anti-corruption activity

A.4.b Analyze technical capacity of the PPA staffers and identify “gaps” in knowledge that can be addressed through targeted capacity building programs, using the EU best practices as a guiding document.

A.4.c Establish stakeholder “task teams” and include them in all phases of development in order to familiarize them with business, administrative and legal…