DRAFT_RFP_72016819R00TBD_FBO_Posted.pdf

Draft Solicitation, RFP# 72016819R00TBD USAID BiH – Responsive E-Services (RES-ist) Activity

DRAFT RFP

ISSUED FOR

USAID BOSNIA AND HERZEGOVINA’S ANTICIPATED

“RESPONSIVE E-SERVICES (RES-ist) ACTVITY”

TOTAL SMALL BUSINESS SET-ASIDE

QUESTIONS ARE DUE BY: THURSDAY, 9:00 AM,

SARAJEVO LOCAL TIME,

JULY 25, 2019

TO: sarajevooaa@usaid.gov

CLEARLY INDICATE IN THE EMAIL SUBJECT LINE THE

FOLLOWING:

“RESPONSIVE E-SERVICES DRAFT RFP”

mailto:sarajevooaa@usaid.gov

Table of Contents

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 PURPOSE

B.2 CONTRACT TYPE

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

B.4 PRICE SCHEDULE

B.5 CONTRACT BUDGET

B.6 OPTION TO EXTEND TERM OF THE CONTRACT

B.7 INDIRECT COSTS

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

B.9 MULTI-YEAR CONTRACT AND CANCELLATION CEILING

B.10 COST REIMBURSABLE

B.11 PAYMENT OF FIXED FEE

SECTION C - DESCRIPTION/SPECIFICATIONS

C.1 PURPOSE

C.2 SCOPE OF THE ACTIVITY

C.3 SPECIFIC TECHNICAL REQUIREMENTS/TASKS

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

SECTION D - PACKAGING AND MARKING

D.1 MARKING

D.2 BRANDING

D.3 BRANDING AND MARKING POLICY

SECTION E - INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE . 26

E.2 INSPECTION AND ACCEPTANCE

SECTION F - DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE . 27

F.2 PLACE OF PERFORMANCE

F.3 PERFORMANCE STANDARDS

F.4 KEY PERSONNEL

F.5 AUTHORIZED WORK DAY/WEEK

F.6 PERIODIC PROGRESS REPORTS

F.7 REPORTS

F.8 EVALUATION

F.9 AUDIT

F.10 SUBMISSION OF REPORTS

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 ADMINISTRATIVE CONTRACTING OFFICE

G.2 CONTRACTING OFFICER’S AUTHORITY

G.3 CONTRACTING OFFICER’S REPRESENTATIVE

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

REPRESENTATIVE

G.5 ACCEPTANCE AND APPROVAL

G.6 PAYING OFFICE

G.7 DOCUMENTATION FOR PAYMENT

G.8 INVOICING INSTRUCTIONS

G.9 ACCOUNTING AND APPROPRIATION DATA

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

H.2 LANGUAGE REQUIREMENTS

H.3 752.222-70 USAID DISABILITY POLICY (DEC 2004)

H.4 752.222-71 NONDISCRIMINATION (JUN 2012)

H.5 752.225-70 SOURCE AND NATIONALITY REQUIREMENTS (FEB 2012)

H.6 AUTHORIZED GEOGRAPHIC CODE

H.7 752.228-3 WORKER’S COMPENSATION INSURANCE (DEFENSE BASE ACT)

(DEC 1991)

H.8 DBA INSURANCE AND SERVICES AGENT

H.9 752.231-72 CONFERENCE PLANNING AND REQUIRED APPROVALS (AUG

2013) 49

H.10 752.7005 SUBMISSION REQUIREMENTS FOR DEVELOPMENT EXPERIENCE

DOCUMENTS (SEP 2013)

H.11 752.7007 PERSONNEL COMPENSATION (JUL 2007)

H.12 PERSONNEL APPROVALS (AIDAR 752.7007 AND 752.7027)

H.13 752.7019 PARTICIPANT TRAINING (JAN 1999)

H.14 302.3.5.22 SUBMISSION OF DATASETS TO THE DEVELOPMENT DATA

LIBRARY (DDL)

H.15 NONEXPENDABLE PROPERTY PURCHASES

H.16 GOVERNMENT FURNISHED FACILITIES OR PROPERTY

H.17 LOGISTIC SUPPORT

H.18 DISCLOSURE OF INFORMATION

H.19 ORGANIZATIONAL CONFLICTS OF INTEREST

H.20 EXECUTIVE ORDER ON TERRORISM FINANCING

H.21 FOREIGN GOVERNMENT DELEGATIONS TO INTERNATIONAL

CONFERENCES

H.22 ENVIRONMENTAL COMPLIANCE

H.23 SUBCONTRACTING PLAN AND THE SF294-SUBCONTRACTING REPORT

FOR INDIVIDUAL CONTRACTS, AND SF295-SUMMARY CONTRACTING REPORT 58

H.24 CONSENT TO SUBCONTRACT

H.25 USAID-FINANCED THIRD-PARTY WEB SITES (AUG 2013)

H.26 ELECTRONIC PAYMENT SYSTEM

SECTION I - CONTRACT CLAUSES

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

I.2 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE . 62

I.3 52.204-1 APPROVAL OF CONTRACT (DEC 1989)

I.4 52.203-14 DISPLAY OF HOTLINE POSTER(S) (OCT 2015)

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

I.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT

(MAR 2000)

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

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

2014) 67

I.9 52.222-50 COMBATING TRAFFICKING IN PERSONS (JAN 2019)

I.10 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

I.11 752.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL

DISADVANTAGED BUSINESS CONCERNS (MAR 2015)

I.12 752.227-14 RIGHTS IN DATA - GENERAL (OCT 2007)

I.13 752.229-71 REPORTING OF FOREIGN TAXES (JUL 2007)

I.14 752.231-71 SALARY SUPPLEMENTS FOR HOST GOVERNMENT

EMPLOYEES (MAR 2015)

I.15 752.7036 USAID IMPLEMENTING PARTNER NOTICES (IPN) PORTAL FOR

ACQUISITION (JUL 2014)

I.16 752.7037 CHILD SAFEGUARDING STANDARDS (AUG 2016)

I.17 752.7038 NONDISCRIMINATION AGAINST END-USERS OF SUPPLIES OR

SERVICES (OCT 2016)

SECTION J—LIST OF EXHIBITS AND ATTACHMENTS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS

K.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE . 84

K.2 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS

(JAN 2019)

K.3 52.204-20 PREDECESSOR OF OFFEROR (JUL 2016)

K.4 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT

2015) 90

K.5 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS

(JUL 2013)

K.6 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING

DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY

FEDERAL LAW (FEB 2016)

K.7 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS

(FEB 1999)

K.8 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)

K.9 52.225-20 PROHIBITION ON CONDUCTING RESTRICTED BUSINESS

OPERATIONS IN SUDAN --CERTIFICATION (AUG 2009)

K.10 AGREEMENT ON, OR EXCEPTIONS TO, TERMS AND CONDITIONS

K.11 AUTHORIZED NEGOTIATORS

K.12 SIGNATURE

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE (FEB 1998)

L.2 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE . 98

L.3 52.215-1 INSTRUCTIONS TO OFFERORS – COMPETITIVE ACQUISITION (JAN

2019) 99

L.4 52.216-1 TYPE OF CONTRACT (APR 1984)

L.5 52.233-2 SERVICE OF PROTEST (SEP 2006)

L.6 EXPLANATION TO PROSPECTIVE OFFERORS

L.7 PROPOSAL PREPARATION AND SUBMISSION – SPECIAL

INSTRUCTIONS

L.8 BRANDING IMPLEMENTATION STRATEGY AND MARKING PLAN

SECTION M - EVALUATION FACTORS FOR AWARD

M.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE

M.2 GENERAL INFORMATION

M.3 METHOD OF EVALUATION

M.4 EVALUATION FACTORS

M.5 DETERMINATION OF COMPETITIVE RANGE

M.6 COST/PRICE EVALUATION

M.7 COST REALISM

M.8 SOURCE SELECTION

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 the Bosnia and Herzegovina (“BiH”) requires technical services to implement the Responsive E-Services (RES-ist) 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 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 two additional one year periods. Such extension options are to be exercisable by issuance of a unilateral modification prior to the expiration of the contract. The two one-year 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 year to extend.

Cost Category 1st Option 2nd Option

To Extend To Extend

(1 year) (1 year)

Total Estimated Cost $[TBD]

Fixed Fee $[TBD]

Total Estimated Cost $[TBD]

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

Base year 2 [TBD] $[TBD] Base year 3 [TBD] $[TBD] Option year 4 [TBD] $[TBD] Option year 5 [TBD] $[TBD]

The Government’s liability for cancellation charges shall not exceed $[TBD]. This amount will be reduced 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 proposed 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, https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=f90711f21c4e91b9452956c6ec1909ce&term_occur=1&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.216-8 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=9a2fda2c3c1f1184825c68987b872e00&term_occur=1&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.216-8 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=80fb588108eda34822560ae27fdc9a0d&term_occur=1&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.216-8 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=a78bd960c6114cc1bd364926762fde33&term_occur=1&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.216-8 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=80fb588108eda34822560ae27fdc9a0d&term_occur=2&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.216-8 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

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.

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 an approximate 75% of the project budget (up to $4.5 million) will be spent on procurement of the hardware and development of software applications for the systems described below, including software licences. The Contractor must research, identify,and procure the hardware and 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

The complete implementation process (detailed system requirements, development, installation, training and support) requires prior USAID review and approval in accordance with the ADS

300.3.11.4 and ADS 509. The Contractor must plan on a one month approval time from the date of submission to the COR.

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 law. 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 the 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 registers of services, businesses, citizens, e-maps etc., within the current project framework scheduled for completion by 2021. 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

Focus of assistance: Entity (Inspection services) (approximately 66% of funding to this sub component)

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). The contractor must develop a new iIMS for all inspection services in RS and FBiH. The current software platform must be replaced with the new software solutions and supported with the new IT equipment. The new IMS entity systems must be developed in a way which will allow for data transfer from the old software solution.

Inspection Services IMS must include:

• embedded the modules for the inspection services at the border, in order to improve customs inspections in terms of time and cost, while offering more transparent inspection services for the foreign trade.

• The system must include modules for 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).

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

• 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.

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 3-5 pilot municipalities throughout the country to implement this software solution. The same system must be available for further replication in other municipalities. Given that the World Bank (WB) is already implementing a similar pilot project in Banja Luka and Gradiska, this project must coordinate closely with the WB and its implementor to develop similar IT solutions in other BiH municipalities. The pilot municipalities will be selected and prioritized based on the volume of construction in the 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

- Be able to coordinate all building department activities and must provide an interface with other departments. The information from electronic permitting tools will 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.

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.

• 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 card for citizens in order to centralize subventions and have better monitoring.

• The entity systems must be compatible 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 to enable implementation of this task.

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

• 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 Memorandum of Understanding.

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 system 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.

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-Procrement 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 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 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. The contractor must identify and purchase necessary software and/or hardware to enable implementation of this task.

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 to 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.

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 % 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 RESist’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 RES-ist 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 requirements for the new systems.

A.4.d Assist the selected CSO to draft relevant reports based on the data collected from the USAID funded systems. Help the CSOs to interpret government’s reports, announcements and data sourced from the IT systems into concrete effects on public, providing a platform for domestic accountability.

A.4.e In coordination with PPA and other governmental institutions create and organize trainings to increase their technical capacity and introduce them to the best EU practices.

A.4.f Recommend new channels to government authorities for communicating with citizens and other stakeholders in real time for added transparency.

A.4.g Explore possibilities for working with Open Contracting Data Partnership for enhanced anti-corruption education and transparency in procurement processes.

Expected results:

Result 1: Selected CSOs fully trained to analyze and interpret data generated by BiH government institutions that are RESists beneficiaries.

Result 2: Integrated approach to information dissemination by RESist developed systemsthat includes active participation of CSOs.

Result 3: Increased number of reports and other means of information targeting wider public on the anti-corruption issues tackled by RES-ist activity.

Result 4: Improved technical capacity of staffers in the PPA and in other governmental institutions on different topics relevant for the RESist context.

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

Monitoring and evaluation of performance and impact is a collaborative process with the participation of the project implementer(s), USAID, and the third party (MEL contractor). USAID will conduct a third party performance evaluation. The evaluation must be conducted to evaluate activity performance and to ensure that the approach is relevant to the current context.

USAID will monitor the impact using the approved project-level logical framework that provides basic guidance for project monitoring and evaluation. The purpose of the activity is to Increase transparency and reduce corruption in the selected government-led processes. The purpose will be measured by three outcome indicators: Percentage of surveyed citizens satisfied with the delivery of services targeted by RESist, Percentage of surveyed businesses satisfied with the delivery of services targeted by RESist, and an indicator to be developed by the RESist implementing partner in collaboration with relevant government institutions. The minimum agreed measurable outputs that must be collected by the implementer of this activity, aggregated and combined by the third party M&E contractor in this process, are listed below as illustrative outputs:

Introducing e-signature infrastructure 1. # of legal analysis

2. # of new legal improvements drafted, amended or eliminated with USAID assistance.

3. # of people trained in Ministries and institutions

4. # of EU standards adopted with USAID assistance

Selected e-services implemented # of recommendations produced

Time and cost associated with inspections reduced

Business community perception of corruption in inspection services reduced

# of IMS systems implemented in inspections

# of enterprise systems for construction permitting implemented in municipalities

Time and cost of construction permitting reduced

# of social registers developed

Savings in benefit payments expressed in money

Strengthening public procurement processes

# of Cantons implemented centralized procurement systems

Savings achieved through centralized procurements

# of databases implemented in Public Procurement Agency

# of procurement processes using information from USAID funded databases

Strengthening capacity of watchdog organizations

1. Number of CSOs selected and familiarized with RES-ist reforms

2. Increase in number of media articles related to RES-ist activities

3. Corruption perception index changed on issues tackled by RES-ist

END OF SECTION C

SECTION D - PACKAGING AND MARKING

D.1 MARKING

AIDAR 752.7009, “Marking,” (JAN 1993) provides:

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

Shipping containers are also to be marked with the last five digits of the USAID financing document number. As a general rule, marking is not required for raw materials shipped in bulk (such as coal, grain, etc.), or for semi-finished products which are not packaged.

(b) Specific guidance on marking requirements should be obtained prior to procurement of commodities to be shipped, and as early as possible for project construction sites and other project locations. This guidance will be provided through the cognizant technical office indicated on the cover page of this contract, or by the Mission Director in the Cooperating Country to which commodities are being shipped, or in which the project site is located.

(c) Authority to waive marking requirements is vested with the Regional Assistant Administrators, and with Mission Directors.

(d) A copy of any specific marking instructions or waivers from marking requirements is to be sent to the contracting officer; the original should be retained by the Contractor.

D.2 BRANDING

The Offeror shall comply with the requirements of the USAID branding policies available at www.usaid.gov/branding and appropriately mark all deliverables and public communications with the USAID brand.

USAID receives “exclusive branding and marking” for the work conducted under all acquisition awards. This means that the foreign assistance delivered is clearly credited to the American people. It also means that competing logos or identities, such as the contractor’s, are excluded.

News releases/media alerts must be coordinated with the Contracting Officer’s Representative (COR). All media releases, press conferences and public events should incorporate the USAID identity. Approval by the USAID BiH Development outreach Coordinator (DOC) should be received before using any printed materials which incorporate the USAID identity.

Program Name: Responsive E-Services (RES-ist) Activity

Branding: The branding shall incorporate the message that “This assistance is from the American People” sponsored by USAID.

Positioning on materials and communications: USAID policy requires exclusive branding and marking in USAID direct contracting.

http://www.usaid.gov/branding

Contractor is required to use USAID identity on any program-related deliverables, commodities or communication to be produced and delivered under this contract. Contractor and subcontractor’s corporate identities are prohibited on all program materials. Marking is not required on contractor vehicles, offices, and office supplies or other commodities used solely for administration of this contract.

Desired Level of Visibility: USAID identity must be prominently displayed on commodities or equipment; printed, audio, visual or electronic public communications; studies, reports, publications, web sites, and promotional and informational products; events and grants under contracts financed by USAID. Visibility for the program is a very important segment of the project implementation and is essential for the success of the

Exceptions: Exceptions and waivers to USAID marking requirements may be granted in accordance with ADS 320.3.2.5, Exceptions to Contract Marking Requirements and ADS

320.