72016820R00004 INSPIRE.pdf

April 1, 2020

Reference: 72016820R00004 INSPIRE – Human Rights Activity in BiH

Due date and time: May 27 2020; 3:00 p.m. CET

Questions Due date and time: April 15, 2020; 3:00 p.m. CET

Geographic Code: 937; NAICS Code: 541990

Dear Sir/Madam:

The United States Agency for International Development (USAID), through the Mission in Bosnia and Herzegovina (BiH) contemplates award of a five-year Cost-Plus-Fixed Fee

Completion contract to implement the INSPIRE – Human Rights Activity in Bosnia-

Herzegovina. The anticipated award date is September 2020.

USAID anticipates awarding one contract conducted under full and open competition procedures, pursuant to Part 15 of the FAR (48 CFR Chapter 1). USAID encourages offerors to express interest in this solicitation by submitting a proposal in accordance with the instructions set forth in Section L, “Instructions to Offerors.” USAID will evaluate the responsive proposals in accordance with the evaluation factors provided in

Section M, “Evaluation Factors for Award” hereunder.

USAID encourages the participation to the maximum extent possible of U.S. small businesses (SB) in this activity as prime or subcontractors in accordance with Part 19 of the FAR. Also, please note that the geographic code is 937, which allows participation in this procurement from the United States, the recipient country, and developing countries other than advanced developing countries, but excluding any country that is a prohibited source.

Electronic responses to this RFP are mandatory (See Section L). Please submit your proposals to the email address below by May 27, 2020, 3:00 p.m. CET. Receipt time is when the proposal is received by AID/Washington internet server. The address for the receipt of proposals is: sarajevooaa@usaid.gov. Hand delivered proposals (including commercial courier) and facsimile transmission will not be accepted.

The Technical Proposal has a strict page limit of 25 pages. Pages exceeding this limit will not be evaluated. Offerors are reminded that evaluators have to be able to read the proposals, so presentation and legibility are crucial.

This RFP can be viewed and downloaded from the official U.S. government website https://beta.sam.gov/. USAID bears no responsibility for data errors resulting from transmission or conversion processes. Further be aware that amendments to solicitations are occasionally issued and will be posted on the same website from which you mailto:sarajevooaa@usaid.gov https://beta.sam.gov/

INSPIRE – Human Rights Activity in BiH

Request for Proposals #72016820R00004 downloaded the solicitation. USAID advises to regularly check the above website for amendments or to create an account for https://beta.sam.gov/ to save searches, add your entity to an opportunity's Interested Vendors List, and receive automatic updates when the opportunity changes.

This RFP does not obligate the United States Government to award a contract nor does it commit USAID to pay any cost incurred in preparing and submitting of a proposal.

Award of a contract under this RFP is subject to availability of funds and other internal

USAID approvals.

Sincerely yours, /s/

Patrick E. Robison

Contracting Officer

USAID/Bosnia and Herzegovina https://beta.sam.gov/

72016820R00004

SOLICITATION, OFFER AND AWARD

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

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

ORDER UNDER DPAS (15 CFR 700)

6. REQUISITION/PURCHASE NUMBER

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

NEGOTIATED (RFP)

SEALED BID (IFB)

5. DATE ISSUED

1. THIS CONTRACT IS A RATED RATING PAGE OF PAGES

1 1

C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

10. FOR

INFORMATION

CALL:

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

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

SOLICITATION

9. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTRS., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

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

I

J

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICES/COSTS

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

H

G

F

E

D

C

B

A

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

11. TABLE OF CONTENTS

18. OFFER DATE17. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

15C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

15B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE FACILITY

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

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

14. ACKNOWLEDGEMENT OF AMENDMENTS

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

(See Section I, Clause No. 52.232.8)

13. DISCOUNT FOR PROMPT PAYMENT

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

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

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

OFFER (Must be fully completed by offeror)

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

28. AWARD DATE

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

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

ITEM

(4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

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

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

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

AWARD (To be completed by government)

CODE

REQ-168-20-00000904/01/2020

X

720168

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

1500 ET 05/27/2020

Sanela Pasanovic ssalkic@usaid.gov

PAGE(S)

Patrick E. Robison

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

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

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

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 1

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

72016820R00004

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

Delivery Location Code: USAID/BIH

USAID/Bosnia-Herzegovina

Ambasada SAD-a

Roberta C. Frasurea 1

71000 Sarajevo, BiH

0001 INSPIRE - Human Rights activity to empower citizens and government institutions to improve the overall human rights protection.

OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

NSN 7540-01-152-8067

PART I – 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 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) ... 45

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) ... 78

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 83

SECTION J—LIST OF ANNEXES 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 ... 99

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

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

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

PPO Program Office

RCE Request for Categorical Exclusion

RFP Request for Proposals

RS Republika Srpska

SAM System for Award Management

SDN Specially Designated Nationals

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 – SCHEDULE

SECTION B – Supplies or services and prices/costs

B.1 Purpose

The objective of the USAID/Bosnia and Herzegovina (BiH) INSPIRE – Human Rights activity is to empower citizens and government institutions to improve the overall human rights protections, provided services, and employment prospects for BiH's most vulnerable persons.

B.2 Contract Type

A Cost-Plus-Fixed-Fee Completion Contract is being contemplated.

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.1 - 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. 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:

DELIVERABLES DUE

DATE

% of Fee

Fee ($)

CLIN 0001:

Component 1

Component 1.1* - Deliverable (TBD) [To be inserted at time of award]

Component 1.2*- Deliverable (TBD) [To be inserted at

Component 2

Component 2.1* - Deliverable (TBD) [To be inserted at

Component 2.2*- Deliverable (TBD) [To be inserted at

Component 3

Component 3.1* - Deliverable (TBD) [To be inserted at

Component 3.2*- Deliverable (TBD) [To be inserted at

Component 5

Component 5.1* - Deliverable (TBD) [To be inserted at

Component 5.2*- Deliverable (TBD) [To be inserted at

Total

% of Fee

Fee ($)

CLIN 0002: Options

Component 4

Component 4.1 - Option 1 (TBD) [To be inserted at time of award]

Component 4.2- Option 2 (TBD) [To be inserted at time

Component 4.3 - Option 3 (TBD) [To be inserted at time

Component 4.4- Option 4 (TBD) [To be inserted at time

Note: Deliverables identified by an asterisk (*) above must be divided by year since

CLIN 0001 of the contract is a CPFF Completion type contract, the deliverables are subject to cancellation.

Numbering of Deliverables: The following numbering convention will be used:

deliverable X.X.X.X. The first two numbers of the numbering convention refers to the component and sub purpose of the program; the next number that follows refers to the year the deliverable is due; and the last number refers to the deliverable number under the component/sub purpose. For example, deliverable 1.1.1.1 is interpreted as follows;

component/sub purpose 1.1, Year 1, Deliverable number 1

Pursuant to FAR 52.216-8 payment of the fixed fee shall be made as specified in the

Schedule above; provided that the Contracting Officer withholds a reserve not to exceed

15 percent of the total fixed fee or $100,000, whichever is less, to protect the Government's interest. The Contracting Officer shall release 75 percent of all fee withholds under this contract after receipt of an adequate certified final indirect cost rate proposal covering the year of physical completion of this contract, provided the Contractor has satisfied all other contract terms and conditions, including the submission of the final patent and royalty reports, and is not delinquent in submitting final vouchers on prior years' settlements. The

Contracting Officer may release up to 90 percent of the fee withholds under this contract based on the Contractor's past performance related to the submission and settlement of final indirect cost rate proposals.

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

[END OF SECTION B]

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

SECTION C—STATEMENT OF WORK

C.1 Objective/Goal

The objective of the USAID/Bosnia and Herzegovina (BiH) INSPIRE – Human Rights activity is to empower citizens and government institutions to improve the overall human rights protections, provided services, and employment prospects for BiH’s most vulnerable persons.

C.1.1 Funding

INSPIRE activity will have a base budget of up to $6 million over five years for the implementation of activities listed under Component 1, 2, 3, and 5. An additional $1,2 million is anticipated for optional Component 4.

C.2 Scope of the activity

The Contractor must provide technical assistance and support to disadvantaged and vulnerable persons through the following five project components:

Component 1 The Contractor must award and manage grants to civil society and organizations that work to improve the BiH government’s counter-trafficking response.

Component 2 The contractor must strengthen the current system of services provided through the seven service centers resulting in a fiscally sustainable model. The resulting model must be replicable by other communities to provide support to disabled children and their families. The contractor must work in supporting deinstitutionalization by strengthening the current system of services provided by the community-based living model established by local NGO Sumero, resulting in a fiscally sustainable model. The resulting model must be replicable by other communities to provide support to deinstitutionalization efforts.

Component 3 The contractor must build the capacity and commitment of at least 10 municipal governments (5 in the Federation of Bosnia and Herzegovina and 5 in the

Republika Srpka) to help create a sustainable scheme that fosters formal employment opportunities for vulnerable women and members of disadvantaged groups.

Component 4 (Optional) The contractor must award and manage grants to local partners to develop awareness campaigns on human rights issues of the LGBTQI community.

Component 5 The contractor must provide training on an ad hoc basis to the grantees.

While these trainings are intended for the organizations receiving funds under component four, they may be used for ad hoc training to organizations under components one and two.

C.3 Background and Links to USAID/BiH development objectives

INSPIRE is a follow-on to USAID’s Marginalized Populations Support Program (2015-

2021) which assists local organizations that advocate for the rights, empowerment and dignity of underrepresented groups of BiH society, and builds the capacity of local NGOs and BiH institutions to do so. While we’ve seen major results from this program such as increasing local support for the development of more service centers to support disabled individuals and their families, for rural women to be able to open small businesses, as well as the capacity of the Sarajevo Open Center being built to the point where they were able to interact successfully with municipal and civic leaders to host the first PRIDE march in

BiH, significant needs still exist.

According to USAID’s MEASURE report on the “Status of Marginalized Populations and

Local Organizations in BiH”, the overall impression of government representatives and international and local organizations that work with marginalized populations is that their status has improved slightly in the last five years, but even this careful optimism is not matched by the perceptions of the public and members of these populations themselves. In many international reports (including the State Department Report on Human Right 2018), BiH is reported to have ratified key international human rights instruments and created various laws on discrimination, and yet implementation remains inconsistent. Minority groups like the Roma continue to be a vulnerable and discriminated group; members of the

LGBTQI community continue to face discrimination and violence.

Also, BiH is not progressing in the deinstitutionalization of persons from closed institutions and families with disabled persons still fall short in their economic, social, and cultural rights. Additionally, as noted in USAID’s aforementioned report, despite the Law on

Gender Equality, women in BiH continue to be underrepresented in politics, the labor market and public life. Women’s activity and employment rates remain significantly lower than for men, which perpetuate women’s dependent status. This issue was also echoed on

BiH’s Journey to Self-Reliance Roadmap, as BiH scored a 0.56 on the Economic Gender

Gap indicator, which is below the average. This activity aligns with the Women’s Global

Development and Prosperity (W-GDP) Initiative’s second pillar , which is for promoting women’s entrepreneurship and providing women with access to capital, markets, technical assistance and networks. Additionally, human trafficking in Bosnia and Herzegovina continues to be a major affront to human rights. According to the U.S. State Departments

TIP Report, Bosnia and Herzegovina is a Tier 2 watch list designated country. The report maintains that the Government of Bosnia and Herzegovina does not fully meet the minimum standards for the elimination of trafficking but is making significant efforts to do so. Addressing human trafficking is a major concern for USAID BiH, due to the fact that countering trafficking in persons is a key proponent for the U.S. government to continue assistance to Bosnia and Herzegovina.

This proposed activity directly contributes to Project Sub-Purpose 1.2.3, Individuals and

CSO’s representing underrepresented groups constructively engaged in civic/political issues. It may also contribute to Project 1.1, Sub-Purpose 1.1.2, Strengthen government’s capacity to address human rights issues.

C.4. Technical Components of Work Requirements

C.4.1 Component 1 Support Efforts to Reduce Human Trafficking

The Contractor must award and manage grants to civil society organizations aimed at increasing the direct assistance to victims of trafficking in BiH, advocating for improvements of legislation and policies in line with international standards and monitoring of implementation of TIP legislation. In addition, the recipients of these grants should actively coordinate efforts with government’s counter-trafficking institutions, including Regional Monitoring Teams and the office of the State Coordinator for

Combatting Trafficking in Human Beings in BiH. These efforts will contribute to BiH’s response to problem of trafficking in persons in BiH. USAID anticipates that the contractor will award approximately 1 to 3 grants annually.

C.4.2 Component 2: Strengthen the current model of the service centers for children with disabilities and their families, incorporating a to become sustainable

Task 1.

The contractor must work to strengthen the current model (see Annex 1) to move the seven existing service centers for families of children with disabilities to be locally financially sustainable. This model must be replicable by communities and/or governments in BiH to support various social services. This includes utilizing sources of sustainable support from the BiH government, private sector, and from local philanthropic donors while reducing international donor support to zero.

Technical Design: Using existing data the contractor must analyze the services being offered, the cost associated with them and the operation of the centers and create a detailed plan for sustainability. The key goal is to scale down USAID support for these centers to the point that they become self-sustained while, if possible, continuing to provide the same services.

The contractor is responsible for implementing this plan with the seven service centers.

This must include significant technical assistance, capacity building, and the refinement and/or creation of operational and financial systems to support sustainability.

Grants Administration: The Contractor must award and manage grants to the existing seven centers on behalf of USAID/BiH. It is expected to award grants annually to the six

NGOs managing the seven service centers in alignment with the goals stated under

C.4.1. As the service centers take on more financial responsibility, the amount of the grants must decrease each year per the chart below:

Year 1 Year 2 Year 3 Year 4 Year 5

$350,000 $300,000 $250,000 $150,000 $100,000

Task 2

The contractor must support deinstitutionalization by strengthening and making sustainable the community based living model established by local NGO Sumero. (see

Annex 2 for Sumero information). This model must be replicable by communities and/or governments in BiH to support community based living services. This includes utilizing sources of sustainable support from the BiH government, private sector, and from local philanthropic donors while reducing international donor support to zero.

Technical Design: Using existing data, the contractor must analyze the services being offered, the cost associated with them and the operation of the community based living program, and create a detailed plan for sustainability. The key goal is to scale down

USAID support for these centers to the point that they become self sustained while, if possible, continuing to provide the same services.

The contractor is responsible for implementing this plan with the community-based living program. This will include significant technical assistance, capacity building, and the refinement and/or creation of operational and financial systems to support sustainability

Grants Administration: The Contractor must award and manage grants to the existing project on behalf of USAID/BiH. It is expected to award grants annually to the NGO

Sumero in alignment with the goals stated under C.4.2. As the community-based living program takes on more financial responsibility, the amount of the grants must decrease each year per the chart below:

Year 1 Year 2 Year 3 Year 4 Year 5

$0 $100,000 $100,000 $50,000 $0

Under both tasks, the contractor must work to build the capacity of the organizations to network and advocate for the needs of their respective organizations, clients, and communities.

C.4.3 Component 3: The contractor must build the capacity and commitment of at least

10 municipal governments( 5 in the Federation of Bosnia and Herzegovina and 5 in the

Republika Srpka) to create a sustainable scheme that fosters formal employment opportunities for vulnerable women and members of disadvantaged groups.

Capacity Building: The contractor, with USAID’s input, must develop the application criteria for which interested municipalities will apply for funding. For those municipalities selected, the contractor must build the capacity of the respective employment departments and private businesses to foster employment opportunities for vulnerable women

(including those who are victims of gender based violence) and members of disadvantaged groups. This activity aims to employ two principles for catalyzing self-reliance: Private

Sector Engagement and Redefining our Relationships with Partner Government. This activity increases support for developing a model of human rights services delivery that engages the private sector and BiH government at all levels so that interventions become sustainable beyond U.S. government support and funding. According to BiH’s Journey to

Self-Reliance Roadmap, BiH scored above the average on the Government Effectiveness indicator, showing that government institutions in BiH are able to effectively render basic human services to BiH’s most vulnerable.

Secure Financial Support from Government: The contractor must secure at least a 50% cost share from the municipal government.

Grants Administration: The Contractor must award and manage grants to the municipalities on behalf of USAID/BiH.

Development of Private Sector Engagement Strategy: The contractor must develop a strategy and plan to increase private sector support for these initiatives. Private sector engagement leads to greater ownership, technically and financially.

C.4.4 Component 4 (Optional): Public Awareness of Human Rights Issues

The Contractor must award and manage grants to local partners to develop awareness campaigns on human rights issues of the LGBTQI community and on other key issues plaguing vulnerable populations such as disenfranchised minorities. In regards to the

LGBTQI community, this includes working with the relevant institutions to support and affirm the human rights of this community. This also includes creating awareness campaigns through various means (including social media, traditional media, academia, etc.) to educate the general public about human rights issues facing the LGBTQI community.

Grant Management: The contractor must award and manage grants to local organizations on behalf of USAID/BiH in support of the topics listed above. Three types of grants to local organizations are anticipated under this activity – unsolicited, topic specific, and directed grants. USAID anticipates that the contractor will award approximately 3 to 5 grants annually.

C.4.5 Component 5: Tailored Trainings

The contractor must provide selective training on an ad hoc basis to the grantees under components four. Likely topics include financial sustainability, advocacy, outreach, and training of partner NGOS on new local laws (in cases where the laws have changed). While these trainings are intended for the organizations receiving funds under component four, they may be used for ad hoc training to organizations under components one and two.

The Contractor must provide targeted training assistance to non-governmental organizations, including associations, civil society organizations. The Contractor must include in these training activities USAID local partners to enhance their performance and management capacity in the areas relevant to this activity.

C.5 Organizational Performance Index (OPI). For all tasks above: For each of the awards it manages, and as additionally directed by USAID, the contractor must perform an

OPI of grantees. This tool will be used as a baseline and markers for progress related to capacity building. OPIs assess technical capacity in eight domains, including: 1)

Achieving Results, 2) Meeting Standards, 3) Delivering services, 4) Enhancing reach, 5)

Mobilizing resources, 6) increasing capital, 7) Engaging Stakeholders, and 8)

Learning. OPI reports include concrete action plans to measure the organizational, management, human resource, and financial performance of local organizations and institutions. The plan will be agreed upon by USAID and the local organization and implemented by the Contractor.

C.6 Expected results

By the end of the contract (including options), the activity must achieve the following results:

• The current 7 service centers which provide services that assist children with disabilities and their families will be sustainable at the local level, or have a plan in place for sustainability, and become a model for other municipalities to copy.

• A system of deinstitutionalization, like Sumero’s, will be refined and expanded. This includes enhancing the organization’s technical expertise for advocacy and capacity building. The model will have been adopted and implemented by at least 10 more communities.

• Up to 10 municipal governments will be aided to create a sustainable scheme that fosters formal employment opportunities for vulnerable women and members of other disadvantaged groups. This will consist of 5 municipalities in the Federation of Bosnia and Herzegovina and 5 in the

Republika Srpska.

• Capacity of supported non-governmental organizations, including associations, civil society organizations will have been increased through targeted training on topics of financial sustainability, advocacy, and outreach.

• If this component 4.4 is activated, 3-5 grants will be given to local organizations annually on behalf of USAID/BiH working on issues related to the LGBTQI community.

• 1-3 grants will be given on behalf of USAID/BiH to work to combat trafficking. USAID expects that on average approximately $400,000 per year will be awarded.

The contractor must know and understand USAID monitoring and evaluation guidelines. The contractor must work closely with the USAID Monitoring and Evaluation

Specialist, as well as each Project Team, to develop indicators for and with awardees and ensure awardees to collect and report data as necessary. The contractor must assist the

COR, the M&E Specialist, and the Project Teams in identifying where the objectives of each award align with the Mission’s Performance Management Plan (PMP).

The Contractor must also propose indicators and results to measure their own progress on implementation of this activity.

Please see attached Annex to the Statement of Work for Service Centers

[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: INSPIRE Human Rights 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 activity.

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.2) 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…