72016820R00002-01 signed.pdf

(x)

72016820R00002 x x

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

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

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

x

720168

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

03/06/20200001

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

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

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

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

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

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

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

PAGE OF PAGES

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

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

03/06/2020

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

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

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

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

ORDER NO. IN ITEM 10A.

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

The purpose of this amendment is to update and revise sections of the RFP # 72016820R00002.

Changes are made in the RFP body and highlighted. Deleted text is indicated as strikethrough. There is also a slight change in the attached SOO (renumbering of indicators).

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

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

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

Patrick E. Robison

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

Previous edition unusable

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

PART I—THE SCHEDULE

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 Option to Extend Services B.6 Indirect Costs B.7 Ceiling on Indirect Cost Rates (if applicable) B.8 Multi-year contract and cancellation ceiling B.9 Cost Reimbursable B.10 Payment of Fixed Fee SECTION C - Description/Specifications/Performance Work Statements 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 E.2 Inspection and acceptance

SECTION F - DELIVERIES OR PERFORMANCE

F.1 Notice Listing Contract Clauses Incorporated by Reference F.2 Period of Performance F.3 Place of Performance F.4 Performance Standards F.5 Key Personnel F.6 Authorized Work Day/Week F.7 Periodic Progress Reports F.8 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) ... 40 H.8 752.231-72 Conference planning and required approvals (AUG 2013) H.9 752.7005 Submission requirements for development experience documents (SEP 2013) H.10 752.7007 Personnel compensation (JUL 2007) H.11 Additional requirements for personnel compensation H.12 752.7019 Participant training (JAN 1999) H.13 302.3.5.22 Submission of datasets to the Development Data Library (DDL) H.14 Nonexpendable property purchases H.15 Government furnished facilities or property H.16 Logistic support H.17 Disclosure of information H.18 Organizational conflicts of interest H.19 Executive order on terrorism financing H.20 Foreign government delegations to international conferences H.21 Environmental compliance H.22 Subcontracting plan and the SF294-Subcontracting report for individual contracts, and SF295-Summary contracting report H.23 Consent to subcontract H.24 USAID-financed third-party web sites (AUG 2013) H.25 Electronic payment system

PART II—CONTRACT CLAUSES

SECTION I - Contract Clauses

I.1 52.252-2 Clauses incorporated by reference (FEB 1998) I.2 Notice listing contract clauses incorporated by reference I.3 52.204-1 Approval of contract (DEC 1989) I.4 52.217-8 Option to extend services (NOV 1999) I.6 52.222-35 Equal opportunity for veterans (OCT 2015) I.7 52.222-36 Equal opportunity for workers with disabilities (JUL 2014) I.8 52.222-50 Combating trafficking in persons (MAR 2015) I.9 52.232-40 Providing accelerated payments to small business subcontractors (DEC 2013) I.10 752.227-14 Rights in data - General (OCT 2007) I.11 752.229-71 Reporting of foreign taxes (JUL 2007) I.12 752.231-71 Salary supplements for host government employees (MAR 2015) ... 74 I.13 752.7036 USAID implementing partner notices (IPN) portal for acquisition (JUL 2014) I.14 752.7037 Child safeguarding standards (AUG 2016) I.15 752.7038 Nondiscrimination against end-users of supplies or services (OCT 2016)

PART III—LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS 79

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 K.2 52.204-8 Annual representations and certifications (JAN 2017)

K.3 52.204-20 Predecessor of offeror (JUL 2016) K.4 52.209-5 Certification regarding responsibility matters (OCT 2015) K.6 52.209-7 Information regarding responsibility matters (JUL 2013) K.7 52.209-11 Representation by corporations regarding delinquent tax liability or a felony conviction under any federal law (FEB 2016) K.8 52.222-22 Previous contracts and compliance reports (FEB 1999) K.9 52.222-25 Affirmative action compliance (APR 1984) K.10 52.225-20 Prohibition on conducting restricted business operations in Sudan -- Certification (AUG 2009) K.11 Agreement on, or exceptions to, terms and conditions K.12 Authorized negotiators K.13 Signature

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS ... 96

L.1 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) L.2 Notice Listing Contract Clauses Incorporated by Reference L.3 52.215-1 Instructions to offerors – Competitive acquisition (JAN 2017) 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 Instructions for the preparation of the cost/business proposal L.9 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 M.9 Contracting with small business concerns

ABBREVIATIONS

AAPD Acquisition & Assistance Policy Directive ADS Automated Directives System AIDAR Agency for International Development Acquisition Regulation BEO Bureau Environmental Officer BiH Bosnia and Herzegovina BS Branding Strategy BIP Branding Implementation Plan CDCS Country Development Cooperation Strategy CCN Cooperating Country National CAS Cost Accounting Standards CFR Code of Federal Regulation CO Contracting Officer COP Chief of Party COR Contracting Officer’s Representative CPAR Contractor Performance Assessment Reporting CPARs Contractor Performance Assessment Reporting System CPFF Cost-Plus-Fixed-Fee CPI Contractor Performance Information.

CPII Contractor Performance and Integrity Information CPR Contractor Performance Report CSO Civil Society Organization D&B Dun and Bradstreet, Inc DBA Defense Base Act DDL Development Data Library DEC Development Experience Clearinghouse DO Development Objective DOC Development Outreach Coordinator EA Environmental Assessment EDO Economic Development Office EFT Electronic Funds Transfer EU European Union E.O. Executive Order eSRS Electronic Subcontracting Reporting System FAPIIS Federal Awardee Performance and Integrity Information System FAR Federal Acquisition Regulation FOIA Freedom of Information Act FPRA Forward Pricing Rate Agreement FY Fiscal Year GAAS Generally Accepted Auditing Standards GAO General Accounting Office GSM Graphic Standards Manual IEE Initial Environmental Examination

IPN Implementing Partner Notices IR Intermediate Result IT Information Technology LOE Level of Effort MEL Monitoring, Evaluation and Learning MEDEVAC Medical Evacuation MOU Memorandum of Understanding MP Marking Plan NAICS North American Industry Classification System OAA Office of Acquisition and Assistance OFAC Office of Foreign Assets Control ORCA Online Representations and Certifications Application PAD Project Appraisal Document PDF Portable Document Format RCE Request for Categorical Exclusion RFP Request for Proposals RS Republika Srpska SAM System for Award Management SDN Specially Designated Nationals SIGMA Support for Improvement in Governance and Management SMEs Small and Medium Enterprises SOW Statement of Work TBD To be determined TIN Taxpayer Identification Number TCN Third Country National US United States of America USAID United States Agency for International Development USAID/W USAID Washington USG United States Government

PART I—THE SCHEDULE

SECTION B – Supplies or services and prices/costs

B.1 Purpose

The purpose of the Activity is to accelerate economic growth in the tourism sector, which will lead to more jobs, provide sustainable income for producer organizations and tourism-related companies, help to change the “BiH brand”, and have a positive spill-over effect to other sectors; such as agriculture, transportation, and environmental protection.

B.2 Contract Type

A Cost-Plus-Fixed-Fee 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 in accordance with the performance standards specified in Section E (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, is $TBD. The fixed fee, if any, is $TBD. The estimated cost plus fixed fee, if any, is $TBD.

b) Within the estimated cost plus fixed fee 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 cannot exceed the aforesaid obligated amount.

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

B.4 Price Schedule

Item Total Estimate US$

Salaries and Wages Fringe Benefits Travel, Transportation and Per Diem

Equipment

Supplies Contractual Other Direct Costs Total Direct Costs Indirect Costs Total Fixed Fee

TOTAL ESTIMATED COST & FIXED FEE

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

(b) 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. The contractor will be required to notify the USAID COR of Budget Line Item variation of 10% and request concurrence. The contractor may shift/move funds up to 10% between CLINs items with COR concurrence.

Any adjustments above 10% require written CO approval. Also, these amounts may not be adjusted without a written modification signed by the contracting officer. The contractor will not bill any amounts against this contract in excess of the amounts specified for each line item.

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

B.5 Option to Extend Services

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

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

Plus Fixed Fee

B.6 Indirect Costs

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

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

1/Base of Application:

Type of Rate:

Period:

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

B.7 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.8 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 September, 2021

Year 3 September, 2022

Year 4 September, 2023

Year 5 September, 2024

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.9 Cost Reimbursable

(a) 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.10 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

Reference Section

Submission Date Means of Verification

$ Amount

A B C

And others as proposed.

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 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=f90711f21c4e91b9452956c6ec1909ce&term_occur=1&term_src=Title%3A48%3AChapter%3A1%3ASubchapter%3AH%3APart%3A52%3ASubpart%3A52.2%3A52.216-8 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=9a2fda2c3c1f1184825c68987b872e00&term_occur=1&term_src=Title%3A48%3AChapter%3A1%3ASubchapter%3AH%3APart%3A52%3ASubpart%3A52.2%3A52.216-8 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=80fb588108eda34822560ae27fdc9a0d&term_occur=1&term_src=Title%3A48%3AChapter%3A1%3ASubchapter%3AH%3APart%3A52%3ASubpart%3A52.2%3A52.216-8 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=a78bd960c6114cc1bd364926762fde33&term_occur=1&term_src=Title%3A48%3AChapter%3A1%3ASubchapter%3AH%3APart%3A52%3ASubpart%3A52.2%3A52.216-8 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=80fb588108eda34822560ae27fdc9a0d&term_occur=2&term_src=Title%3A48%3AChapter%3A1%3ASubchapter%3AH%3APart%3A52%3ASubpart%3A52.2%3A52.216-8 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/Performance Work Statements

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

END OF SECTION C

SECTION D - 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 semifinished 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: Sustainable Economic Growth Activity in Bosnia-Herzegovina http://www.usaid.gov/branding

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.

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.

Other organizations to be acknowledged: Where appropriate and applicable, the branding may acknowledge the cooperation and participation of other organizations deemed as partners of an event or deliverable.

All branding must comply with the standardized USAID regulations on branding. All branding for USAID, its partners, and other Unites States Government (USG) and non- USG entities engaged in a specific activity implemented under this Contract, must have equal representation on all public or internal documentation, publications, advertising, presentations, brochures, etc.

The Marking Plan (MP) shall enumerate all of the public communications, commodities, program materials, events, deliverables, and other items that shall be marked with the USAID identity or brand.

The Contractor will adhere to all USAID policy directives and required procedures on branding and marking of USAID-funded programs, projects, activities, public communications, and commodities with the USAID “Standard Graphic Identity” (or “USAID Identity”) as specified in ADS 320 and the Graphic Standards Manual (GSM).

(a) In accordance with ADS 320, the Branding Strategy (BS) is a part of the contract requirements. Offerors are instructed to prepare a Branding Implementation Plan (BIP) and Marking Plan (MP) to implement the Branding Strategy for this program (Attachment J.3) unless otherwise instructed. Offeror shall submit Branding Implementation Plan with proposal and will be incorporated into the contract in Section

D. The standard forms for the BRANDING AND MARKING TEMPLATES are located at: http://www.usaid.gov/branding/.

(b) Contractors and subcontractors' corporate identities or logos must not be used on USAID-funded program materials. Marking is not permitted on any communications that are strictly administrative, rather than programmatic, in nature. USAID identity is also prohibited on Contractor and recipient communications related to award administration, such as hiring/firing of staff or renting office space and/or equipment.

(c) Each proposal under this RFP shall provide a program-specific Branding Implementation Plan (BIP) and MP. The contractor shall develop a detailed BIP and MP.

The Marking Plan may include requests for exceptions to marking requirements or programmatic reasons, to be approved by the Contracting Officer. Waivers, as defined by ADS 320, may be necessary for compelling political, safety or security concerns or if the marking shall have an adverse effect in the host country. Marking and attribution for physical structures may need to be visible as soon as work commences. If grants are authorized in the Statement of Work, the Contractor shall clearly and conspicuously state in the small grants documentation and all delivered procurement that resources for the grant have been donated by USAID and make clear that the Contractor is acting as USAID's agent.

The Contracting Officer will consider the Marking Plan's adequacy and reasonableness and will approve or disapprove any exemption requests. The Marking Plan will be reviewed to ensure the above information is adequately included and consistent with the stated objectives of the award, the offeror's cost data submissions, and the performance plan.

(d) If the Offeror receives an award, the Marking Plan, including any approved exemptions, will be included in and made part of the Contract, and will apply for the term of the award unless provided otherwise.

D.3 Branding and marking policy

In accordance with provision D.2 above, and where applicable, the Contractor shall comply with the requirements of the policy directives and required procedures outlined in USAID Automated Directive System (ADS) 320.3.2 “Branding and Marking in USAID Direct Contracting” at http://www.usaid.gov/policy/ads/300/320.pdf; and USAID “Graphic Standards Manual” available at http://www.usaid.gov/branding/gsm, or any successor branding policy.

END OF SECTION D

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

SECTION E - Inspection and Acceptance

E.1 Notice Listing Contract Clauses Incorporated by Reference

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with FAR § 52.252-2, “Clauses Incorporated by Reference,” in Section I of this contract.

NUMBER TITLE DATE

Federal Acquisition Regulation (48 CFR Chapter 1)

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

E.2 Inspection and acceptance

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

Economic Development Office

USAID/Bosnia and Herzegovina

Robert Frasure Street #1

71000 Sarajevo

Bosnia and Herzegovina

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

END OF SECTION E

SECTION F - DELIVERIES OR PERFORMANCE

F.1 Notice Listing Contract Clauses Incorporated by Reference

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with FAR § 52.252-2, “Clauses Incorporated by Reference,” in Section I of this contract.

NUMBER TITLE DATE

Federal Acquisition Regulation (48 CFR Chapter 1)

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

F.2 Period of Performance

The period of performance for this contract is five years from the effective date of the contracting officer’s signature on the cover page until [TBD].

F.3 Place of Performance

The place of performance under this contract is Bosnia and Herzegovina (as specified in the Statement of Work in Section C).

F.4 Performance Standards

USAID will evaluate the contractor’s performance in accordance with FAR § 42.15, corresponding USAID procedures, and the contractor’s adherence to the annual work plan, reporting against its Monitoring, Evaluation, and Learning Plan (MEL) (Attachment J.4), and quality of reports described in Section F below. USAID will evaluate the contractor’s performance during the initial, intermediate, and final periods of the contract in accordance with the Contractor Performance Assessment Reporting System (CPARS).

The Contracting Officer and the COR will jointly conduct the evaluation of the contractor’s overall performance. This evaluation will form the basis of the contractor’s permanent performance record under this contract.

F.5 Key Personnel

F.5.1 Contracting Officer consent to replace key personnel

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

No. Key Personnel Position

TBD TBD

TBD TBD

(b) The key personnel identified above are considered essential to the work being performed under this contract. The contractor must remain responsible for providing such key personnel for full-time performance for the term of this contract unless otherwise agreed to by the contracting officer.

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

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

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

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

F.6 Authorized Work Day/Week

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

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

F.7 Periodic Progress Reports

AIDAR 752.242-70 provides:

The contractor must prepare and submit progress reports as specified in the contract schedule. These reports are separate from the interim and final performance evaluation reports prepared by USAID in accordance with FAR § 42.15 and internal Agency procedures, but they may be used by USAID personnel or their authorized representatives when evaluating the contractor's performance.

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

F.8 Reports

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

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

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

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

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

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

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

F.8.1 Reports Submission Schedule

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

No. Reporting Requirement Submission Date

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

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

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

3 Quarterly Accrual Reports (based on USG FY quarters)

10 calendar days before the end of the quarter.

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

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

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

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

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

9 Special Reporting On a monthly basis.

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

(b) The contractor must comply with the schedule for the submission of each Section C deliverable provided in the table below (TBD).

No. Deliverable Submission Date

To be expanded as appropriate.

F.8.2 Annual Work Plans

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

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

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

F.8.3 Monitoring, Evaluation, and Learning (MEL) Plan

As a part of the initial work plan, the Contractor must provide to USAID for review and approval a draft Monitoring, Learning, and Evaluation Plan (MEL Plan) (Attachment J.4) that allows for measuring implementation progress against performance indicators and related targets and benchmarks. The M&E Plan must clearly correspond to the award and work plan, and must include indicators for the overall performance period as well as for each year. Appropriate consideration/indicators for youth, gender and environment are required. The Contractor must develop performance indicators; collect necessary baseline and annual follow-up data, and numerical targets to measure the results for each activity component and to assess the impact of proposed interventions. The Contractor must produce a Performance Indicator Sheet (PIRS) for each indicator, which will identify the data sources and collection methods.

The Contractor must report on results achieved and corresponding indicators using Activity Indicator Performance Tracking Table (Annex IV in Attachment J.4 MEL Plan Template) in quarterly/annual reports.

F.8.4 Quarterly Accrual Reports

Quarterly accrual reports will be submitted to USAID that will provide contractual information pertaining to the following information:

• Total Estimated Cost remaining in the contract;

• Unliquidated balance in the contract;

• Accrual amount;

• Estimated Pipeline amount

F.8.5 Quarterly Performance Reports

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

– Outline of activity purpose and approach;

– Description of significant events during the reporting period;

– Status of each of activities and tasks as defined in the Work Plan;

– Status of overall activity progress per impact indicators as defined in the Work Plan and the M&E plan;

– Achieved outputs compared to planned outputs;

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

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

and

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

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

– Performance problems during the reporting period;

– Status of budget expenditures;

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

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

F.8.6 Quarterly Financial Report

Quarterly financial reports will be submitted to USAID. They should be disaggregated by element level and contain, at a minimum:

• Total funds awarded to date by USAID into the contract;

• Total funds previously reported as expended by contractor by main line items;

• Total funds expended in the current quarter by the contractor by main line items;

• Total un-liquidated obligations by main line items;

• List of the significant expenses incurred during the period;

• Projected expenditures for next quarter;

• Estimate to Complete Contract;

• Estimate at Completion of Contract.

The contractor is solely responsible for not exceeding obligated amounts, and is reminded of the required notification to the CO as to the percentage of funds expended against the total obligated and available amount as set forth in FAR § 52.232-22 “Limitation of Funds.”

F.8.7 Annual Summary Report

The contractor will prepare and submit to the USAID COR an annual report in TBD after the end of the first full activity year and annually thereafter (unless a different annual schedule is provided by USAID), for each authorized year of performance. Annual reports will summarize activities and results during the year in relation to the approved Work Plan and will be based on the USAID fiscal year, which runs from October 1- September 30.

F.8.8 Regular Meetings

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

F.8.9 Demobilization Plan

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

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

F.8.10 Completion Report

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

F.8.11 Special Reporting

During the performance of this activity, some special reporting may be required from the Contractor such as a brief paragraph on note-worthy activities and events, successes stories etc.

F.8.12 Government Property—USAID Reporting Requirements

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

The term Government-furnished property wherever it may appear in the following clause, must mean (1) non-expendable personal property owned by or leased to the U.S.

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

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

ANNUAL REPORT OF GOVERNMENT PROPERTY IN CONTRACTOR‘S

CUSTODY

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

Motor Vehicles Furniture and Furnishings Other Non-Expendable Property

Office Living Quarters

A. Value of Property as of Last Report

B. Transactions during this reporting period

1.

Acquisitions (add):

a. Purchased by Contractor

b. Transferred from

USAID

c. Transferred from others, without reimbursement

2. Disposals (deduct):

a. Returned to USAID

b. Transferred to USAID – Contractor Purchased

c. Transferred to other Government Agencies

d. Other Disposals

C. Value of property as of reporting date

D. Estimated Average Age of Contractor Held Property

Years Years Years Years

Property Inventory Verifications

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

Authorized Signature

F.9 Evaluation

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

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

F.10 Audit

The Contractor will be subject to audit standards and procedures based on USAID regulations and GAAP.

F.11 Submission of reports

The contractor must electronically submit all written deliverables to the COR.

Additionally, the COR may request printed or bound deliverables.

END OF SECTION F

http://www.usaid.gov/evaluation/policy

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 Administrative Contracting Office

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

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

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

G.2 Contracting Officer’s Authority

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

G.3 Contracting Officer’s Representative

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

TBD.

(b) The COR will be appointed by separate letter.