Civil Society and Media Activity Request for Information (RFI).pdf

U.S. Agency for International Development (USAID) G.P.O. Box 295 U.S. Embassy, Maharajgunj Kathmandu, Nepal Telephone: +977.1.423.4000 Email: usaidnepal@usaid.gov Website: https://www.usaid.gov/nepal

REQUEST FOR INFORMATION (RFI)

ISSUANCE DATE: Thursday, July 29, 2020

RFI CLOSING DATE:

Friday, August 21, 2020 by 13:00 PM Nepal Standard Time (NPT, 5:45 hours ahead of Coordinated Universal Time (UTC))

SUBJECT: Civil Society and Media (CSM) Activity

REFERENCE: Request for Information (RFI) No. 72036720R00008

Dear Prospective Respondents, The United States Government (USG), represented by the U.S. Agency for International Development (USAID) Nepal mission (USAID/Nepal) issues this RFI per Title 48 Code of Federal Regulation (CFR) Chapter 1 (Federal Acquisition Regulation or FAR) §§ 15.201(c)(7) and 15.201(e), respectively, to provide stakeholders an opportunity to review, comment, suggest, and enhance areas of attached draft statement of objectives (SOO) for a new USAID/Nepal project: USAID/Nepal Civil Society and Media (CSM) Activity. As per FAR § 2.101, a “SOO means a Government-prepared document incorporated into the solicitation that states the overall performance objectives. It is used in solicitations when the Government intends to provide the maximum flexibility to each offeror to propose an innovative approach.”

USAID/Nepal contemplates awarding a cost-plus-incentive-fee (CPIF) cost reimbursement contract per FAR §§ 16.304 and 16.405-1, respectively, for a five-year (2021 – 2026) period of performance with a total estimated cost (TEC) ranging between $25 million (M) to $30M, subject to the availability of funds and USAID discretion.

I. BACKGROUND

Nepal’s governance challenges remain complex and multidimensional. Meaningful reforms, systems, and institutions must deliver services to citizens in an accountable manner. Civil society and media represent an important pillar of democracy and their constructive engagement with government, private sector, and other stakeholders makes great contributions in making democratic governance functional. They can apply problem driven iterative adaptation to address core governance challenges, particularly those related to Nepal’s implementation of new governance structures (i.e., federalism) under the new constitution.

USAID has revised its program cycle guidance to facilitate more adaptive, contextually-driven programming approaches, and the choice of a SOO rather than a more prescriptive statement of work. The attached draft SOO presents proposed objectives and expected outcomes.

Nevertheless, USAID/Nepal may significantly revise this proposed new activity and planned solicitation resulting from comments received and further stakeholder consultations.

RFI

CSM Activity

RFI No. 72036720R00008

II. REQUEST FOR INFORMATION (RFI) PURPOSE

By issuing this RFI for comment, USAID/Nepal aims to consult with a broad community of public and private sector actors concerned with improving space for civil society and media to flourish in Nepal. USAID/Nepal requests your comments to help refine the SOO to ensure clarity, maximum development impact, coordination with existing and planned USAID and other development partner programs, and alignment with the Government of Nepal (GON’s) priorities.

III. STATEMENT OF OBJECTIVES (SOO) FEEDBACK

USAID requests for prospective respondents to provide feedback to the draft SOO Sections C and L below. Given that we value concise, issue-specific comments, USAID requests for prospective respondents to limit their feedback to 2,000 words or fewer, referencing the relevant draft SOO section and page numbers.

IV. REQUEST FOR INFORMATION (RFI) QUESTIONS

USAID requests for prospective respondents to please respond to the following questions, limiting their overall responses (i.e., for all questions, not responses to individual questions) to 2,000 words or fewer. The distribution of the word count total across questions remains at the respondent’s discretion.

(a) Please propose one additional objective for this CSM activity and provide a justification why the proposed objective is necessary to reach the stated goal;

(b) How can CSM advance a systems-based approach to improve government effectiveness and accountability, and lead to greater inclusivity?;

(c) How can CSM address complex systematic level democratic governance reforms at the local, provincial, and federal government level?;

(d) Within the limits of this proposed CSM activity, how can a new generation of impartial, independent, and inclusive civil society and media help advance public interest in Nepal?;

(e) In what particular geographical regions or areas in Nepal should this activity focus to have the most significant impact? (NOTE: Please provide a justification for your response);

(f) The RFI activities are aimed at actively contributing towards the maximization of USAID’s sectoral program development outcomes including health, education, disaster risk reduction, agriculture, environment, inclusive economic growth, socially responsible business, among others. In your opinion, how can civil society and media collaborate with these multi-sectoral interventions or actors and add value in their efforts?;

(g) Many NGOs support the government in the role of service provider on one hand and acting as civil society watchdog on the other hand. What do you see as the primary issue with NGOs serving in this capacity when the role of civil society is expected to serve as an oversight entity and advocate for marginalized people, and help ensure the government remains open, transparent, and accountable to its citizens? How can we overcome this? Can these dual roles be differentiated?;

RFI No. 72036720R00008

(h) The novel coronavirus disease 2019 (COVID-19) has brought numerous challenges to all (e.g., government, private sector, civil society and media, citizens, etc.); however, it may bring some opportunities as well. The impact and opportunities of COVID-19 may manifest differently in geographical locations, groups of people, capacity of government and others to cope with the situation. What do you envision the role of civil society and media in the post COVID-19 context and what kind of approaches should the CSM activity adapt to remain relevant and demonstrate better results?; and

(i) USAID requests prospective respondents’ input with respect to operating constraints under SOO Section L.5.6.

V. SUBMISSION INSTRUCTIONS

USAID strongly encourages all types of organizations and firms (e.g., large, small, for-profit, nonprofit, private company, non-governmental organization (NGO), local NGO, university, foundation, foreign governmental organization, etc.) to provide comments, feedback, or information via email no later than Friday, August 21, 2020 by 13:00 PM NPT.

Please submit all responses to the following email address:

kathmanduoaaexchange@usaid.gov

Respondents must format the response subject line as follows:

72036720R00008 USAID/Nepal Civil Society and Media (CSM) Activity Feedback

Responses to this RFI neither constitute offers nor will USAID accept any responses to form a binding contract. It should be noted that responding to or providing comment on this RFI will not advantage any organization in a subsequent procurement. Lastly, USAID/Nepal may use submitted responses without restriction or limitation.

VI. SUBMISSION FORMATTING DIMENSIONS AND LIMITATIONS

Below please find the SOO Feedback and RFI Question page and formatting dimensions and limitations:

● Paper Size:

o Letter or American National Standards Institute (ANSI) Letter (i.e., 8.5 by 11.0 inches or 215.9 millimeters (mm) by 279.4 mm); or o A4 (i.e., 8.27 inches × 11.7 inches or 210mm × 297 mm).

● Type Size: 12-point font

● Font Style: Times New Roman or similar serif typeface

● Spacing: Single spaced

● Margins: 1-inch (25.4 mm) top, bottom, left, and right

● Word Limitations: Not to exceed 2,000 words (i.e., approximately four pages). USAID will not consider any pages that exceed the prescribed word limitations.

RFI No. 72036720R00008

● Optional Front Matter: Below please find the optional front matter that does not count against the 4,000-word limitations:

o Cover Page (no more than 1 full page);

o Table of Contents; and o List of Acronyms or Initialisms.

● Requested USAID/Nepal Civil Society and Media (CSM) Activity Feedback:

Below please find the requested written USAID/Nepal CSM Activity feedback, each with its own separate 2,000-word limitations:

o Statement of Objectives (SOO) Feedback (2,000-word limit); and o Responses to Request for Information (RFI) Questions (2,000-word limit).

Prospective respondents must submit documents in Microsoft (MS) Word or Portable Document Form (.pdf). DO NOT send files in ZIP1 file format.

USAID/Nepal issues this RFI solely for information and planning purposes and it neither constitutes a solicitation nor request for proposals. Further, responses to this RFI shall neither constitute proposals nor will USAID/Nepal accept any responses to form a binding agreement.

As per FAR § 15.201(e), responses to this notice are not offers and cannot be accepted by the Government to form a binding contract. USAID reiterates that any feedback provided in response to this RFI will not advantage any organization with respect to any subsequent procurement. Moreover, USAID/Nepal will not provide answers to any questions submitted in response to this RFI. Lastly, issuance of this RFI neither obligates the USG to issue a solicitation or award a contract nor commits the USG to pay for any costs incurred or information resulting from this request. Respondents remain solely responsible for all expenses associated with responding to this RFI.

Yours truly, Jack M. Adrien Contracting Officer

1 An archive file format that supports lossless data compression.

Jack Adrien

Digitally signed by Jack Adrien Date: 2020.07.29 22:40:30 -06'00'

RFI No. 72036720R00008

Table of Contents

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK 7

C.1 OVERVIEW 7

C.2 PRINCIPLES OF ENGAGEMENT 7

C.3 SYSTEMS APPROACH 8

C.4 SCENARIO PLANNING 9

C.5 CO-DESIGN 9

SECTION L – SUPPLIES OR SERVICES AND PRICE/COSTS 11

L.1 [RESERVED] 11

L.2 [RESERVED] 11

L.3 GENERAL INSTRUCTIONS TO OFFERORS 11

L.4 PROPOSAL PREPARATION INSTRUCTIONS 12

L.4.1 CONCEPT PAPER 12

L.4.2 ORAL PRESENTATIONS 12

L.4.3 CO-DESIGN 13

L.5 STATEMENT OF OBJECTIVES (SOO) 14

L.5.1 PURPOSE 14

L.5.2 SCOPE 14

L.5.2.1 PLACE OF PERFORMANCE 16

L.5.2.2 PERIOD OF PERFORMANCE 17

L.5.3 BACKGROUND 17

L.5.3.1 CRITICAL ASSUMPTIONS 18

L.5.3.1.1 CONTINUED IMPLEMENTATION OF FEDERALISM 18

L.5.3.1.2 POLITICAL STABILITY AND PEACE ENDURE 18

L.5.3.1.3 SPACE FOR INDEPENDENT CIVIL SOCIETY AND MEDIA

REMAINS 18

L.5.3.1.4 A MORE ACCOUNTABLE PRIVATE SECTOR IS GOOD FOR

CONSUMERS AND NEPAL’S ECONOMIC GROWTH 19

L.5.3.1.5 SPACE AND CONSTRUCTIVE ENGAGEMENT OF CIVIL SOCIETY

AND MEDIA IN COVID-19 RESPONSE 19

L.5.3.2 DEVELOPMENT CHALLENGES 19

L.5.3.2.1 SHRINKING CIVIC SPACE 20

L.5.3.2.2 CONSTRAINTS RELATED TO FREEDOM OF EXPRESSION AND

WEAK RULE OF LAW 20

L.5.3.2.3 LIMITED APOLITICAL, ISSUE-BASED CIVIL SOCIETY ADVOCACY

L.5.3.2.4 LIMITED CAPACITY TO IMPLEMENT FEDERALISM 21

L.5.3.2.5 ENDEMIC CORRUPTION 21

L.5.3.2.6 LIMITED CIVIL SOCIETY AND PRIVATE SECTOR INTERACTION

L.5.3.2.7 ENDEMIC AND PROTRACTED CRISES 22

L.5.4 PROGRAM OBJECTIVES (i.e., DESIRED OUTCOMES) 22

L.5.4.1 OBJECTIVE ONE 23

L.5.4.1.1 OBJECTIVE ONE INTENDED RESULTS 23

L.5.4.2 OBJECTIVE TWO 23

L.5.4.2.1 OBJECTIVE TWO INTENDED RESULTS 23

L.5.4.3 OBJECTIVE THREE 24

L.5.4.3.1 OBJECTIVE THREE INTENDED RESULTS 24

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L.5.4.4 GENDER EQUALITY AND SOCIAL INCLUSION (GESI) RESULTS 24

L.5.4.5 GEOGRAPHIC FOCUS AND TARGET BENEFICIARIES: 25

L.5.4.6 MOBILIZING YOUTH 26

L.5.4.7 CROSS-CUTTING THEMES 26

L.5.4.8 CROSS-SECTORAL COLLABORATION 26

L.5.5 OPERATING CONSTRAINTS 27

ATTACHMENT 1 – ACRONYMS, INITIALISMS, and DEFINITIONS 28

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SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK 2

C.1 OVERVIEW

The statement of objectives (SOO), included as Section L.5 below, provides the Government’s overall objectives for this RFI and the subsequent solicitation. FAR § 2.101 defines a SOO as a “Government-prepared document incorporated into the solicitation that states the overall performance objectives. It is used in solicitations when the Government intends to provide the maximum flexibility to each offeror to propose an innovative approach.” As per FAR § 37.602(c), offerors shall use the SOO, together with other applicable portions of the Request for Proposal (RFP), as the basis for preparing their performance work statement (PWS). FAR §

2.101 defines a PWS as “a statement of work for performance-based acquisitions that describes the required results in clear, specific and objective terms with measurable outcomes.” The offeror must ensure all aspects of the SOO are addressed. The PWS should specify in clear, understandable terms the work to be done in developing or producing the goods to be delivered or services to be performed by the Offerors. Preparation of an effective PWS requires both an understanding of the goods or services that are needed to satisfy a particular requirement and an ability to define what is required in specific, performance-based, quantitative terms. The offerors’ understanding of both required goods or services, and work effort required to accomplish the stated objectives should be fully demonstrated in the offeror’s proposed PWS. Within the RFP, the terms “concept paper,” “performance work statement,” or “PWS” are often used interchangeably.

C.2 PRINCIPLES OF ENGAGEMENT

As per Section C.1 above, USAID intends to provide the maximum flexibility to each offeror to encourage innovative approaches. Nevertheless, below please find USAID’s principles of engagement that outline the Mission’s existing priorities. This solicitation invites offerors to interpret these principles of engagement to direct and drive CSM outcomes contained in the

PWS:

• Through support to civil society organizations (CSOs) and media, protect and advance fundamental freedoms of citizens guaranteed by the Constitution and enable them to demand public accountability and integrity, with particular consideration to the socio-economic conditions as a result of the novel coronavirus disease 2019 (COVID-19) pandemic;

• Increase the effectiveness of CSOs with a particular emphasis at the sub-national levels of government (local and provincial) to serve as effective watchdogs;

• Strengthen the enabling environment for civil society and media to operate independently, especially of political party influence;

• Foster engagement between civil society, the media, and the Government of Nepal (GON) under a federal government structure to address public interest issues and improve public service effectiveness and fight corruption;

2 USAID reserves the right to amend the draft SECTION C –DESCRIPTION/SPECIFICATIONS/ STATEMENT OF WORK (i.e., SOO) prior to issuing the subsequent RFP.

RFI No. 72036720R00008

• Engage the private sector to build mutual understanding among civil society, government, and the business community and promote fair and ethical business practices;

• Partner with neutral academic and policy institutions to capture knowledge and increase the credibility of Nepal’s civil society and media organizations;

• Coordinate, collaborate and maintain continuity with USAID/Nepal’s other programs (specifically those advancing Democracy and Governance) or other integrated governance activities, such as in the area of health and education (as well as agriculture, disaster risk management, environment, and resilience as the context demands), on common issues or priorities, such as local government management, public financial management, budget and procurement transparency, service delivery monitoring, civic education, and media and other relevant donor and GON programs;

• Enable and engage youth and marginalized groups in advancing public interests and demanding accountability; and

• Exercise adaptive management to proactively allow for course corrections if interventions do not yield results, based on rigorous monitoring and learning outcomes.

C.3 SYSTEMS APPROACH

As per Section C.1 above, USAID intends to provide the maximum flexibility to each offeror to propose innovative approaches. Nevertheless, a systems approach to governance interventions requires a focus on the biases and incentives driving systems and behaviors as opposed to technical fixes to those systems. Interventions should focus on changing biases and incentives in such a way that the system of governance in Nepal evolves to be more accountable, participatory, inclusive, devolved, and democratic. The approach considers the capacity and resilience of local systems, and systemic constraints to functions that affect governance in Nepal.

Analysis and planning should focus on understanding the driving reasons why people, firms, government, political actors, civil society, and media operate the way they are at present. Systems thinking requires consideration of behavioral patterns, flows of information and finance, relational networks, trust and dispute patterns, interconnectivity, and patterns of influence between the government and other social systems (i.e., political; civil society; communal, friends, and family; etc.). As part of any activity’s hypothesis, it should have embedded notions of why and how civil society and media will become champions to advance improvements in governance, fostering inclusive economic growth and quality and equitable public services particularly in the post COVID-19 context.

The proposed activity will adapt a systems approach so that interventions focus on strengthening the systems, sound policy framework and business process, and promote public institution’s credibility and accountability. The interventions will advance incentives for driving systems and behaviors (as opposed to technical fixes to those systems), as well as foundational factors, rules of the game, here and now dynamics. These components represent the heart of Thinking and Working Politically3 and a Political Economy Analysis Framework.

3 For more information on Thinking and Working Politically, see: https://twpcommunity.org/ and https://usaidlearninglab.org/library/applied-political-economy-analysis-field-guide

RFI No. 72036720R00008

C.4 SCENARIO PLANNING

Scenario planning is a tool that can be used to engage with an uncertain future and to enable flexible and proactive program adaptation. Scenario planning links important organizational processes such as strategic planning, innovation, risk management, monitoring and evaluation, and relationship building. It encourages actors to make assumptions about the future explicit, providing a foundation and safe space for participatory discussions about risks and opportunities. Scenario planning enhances organizational capacity to perceive, interpret and respond to change, as well as the capacity for organizational learning and therefore adaptive management. It promotes technical agility and operational flexibility and encourages decision makers to pay attention to novel and less obvious signals of change, as well as to prepare for major shifts in context.

As per Section C.1 above, USAID intends to provide the maximum flexibility to each offeror to propose innovative approaches. Nevertheless, the offeror should propose at least three scenarios, from the macro- to the micro-level, which might impact programming options.

Offerors should articulate scenarios not only in terms of impact but also likelihood, with an attempt to assess the probability that one or more of the proposed scenarios may actualize in the future. Further, Offerors should distinguish proposed scenarios that have a higher probability and plausibility in greater detail. Lastly, proposed scenarios should demonstrate strong logic and provide corresponding evidence to the extent possible.

Proposed scenarios must directly correlate to the Adaptive Management evaluation factor, which USAID will provide during the solicitation process.

C.5 CO-DESIGN

Following execution of the contract award to the successful offeror per FAR § 15.504 based on a comparative assessment of Technical Proposals against all source selection criteria in the solicitation per FAR § 15.308, USAID will invite the successful offeror (i.e., Offerors) to develop the final CSM Work Plan through a multi-stakeholder co-design work planning workshop per the Automated Directives System (ADS) 201.3.4.8. Further, ADS 201.6 defines co-creation as “a design approach that brings people together to collectively produce a mutually valued outcome, using a participatory process that assumes some degree of shared power and decision-making.” The “Discussion Note: Co-Creation Additional Help” does not distinguish between “co-creation” and “co-design,” choosing instead to use “co-creation” as an umbrella term describing collaborative design and development of USAID activities.

Co-design is a design approach that brings people together to collectively produce a mutually valued outcome, using a participatory process that assumes some degree of shared ownership and decision-making. Involving local organizations, the private sector, traditional USAID implementing partners, local experts, host country government officials, and other international donors during the co-creation process can greatly enhance opportunities for increasing local ownership of USAID programming. Moreover, co-creation can also lower the programmatic risk that USAID will not achieve the intended results, because the activity design and implementation will be informed by engagement with a broader array of stakeholders. USAID envisages an open, creative back-and-forth process with external experts and implementers to:

RFI No. 72036720R00008

• Build a strong analysis rooted in multiple, diverse perspectives and forms of expertise;

• Promote multiple viewpoints that will help to identify parameters, prioritize focus areas, or identify opportunities for system collaboration;

• Solicit the feedback, validation, and buy-in of multiple stakeholders;

• Better understand local needs and constraints and encourage local communities to act;

and

• Approach development through a more inclusive, collaborative, creative, and open process.

A robust theory of change (TOC) is based on an in-depth causal analysis of issues influencing the situation of interest and is rooted in a rigorous and evolving evidence base. Developing and using a TOC builds a common understanding of activity logic and assumptions among stakeholders, and facilitates future monitoring, adaptive management, learning and evaluation.

Diverse guidance exists on how to best design and use a TOC. USAID has published a TOC training and more specifically, including Using Results Chains to Depict Theories of Change.

Use of results chains is the preferred approach for building out the TOC and incorporating tightly aligned activities and monitoring components.

The activity’s TOC will be expanded and clarified during co-creation by applicant(s), partners and USAID, and further refined after award during work planning, as activity design and monitoring, evaluation, research, and learning (MERL) design are developed together.

The Offerors must host the initial CSM co-design workshop no later than 60 calendar days of award. The co-design workshop must comply with USAID Acquisition Regulation (AIDAR) 752.231-72. Following the co-design workshop, the Offerors must develop a clear, concise performance-based Work Plan (i.e., contract administration plan) to the extent possible that will effectively measure the Offerors’s performance no later than 160 calendar days of completion of co-design workshop.

[END OF SECTION C]

RFI No. 72036720R00008

SECTION L – SUPPLIES OR SERVICES AND PRICE/COSTS

L.1 [RESERVED]

L.2 [RESERVED]

L.3 GENERAL INSTRUCTIONS TO OFFERORS

(a) The Government contemplates awarding one cost-plus-incentive-fee (CPIF) cost reimbursement contract per FAR §§ 16.304 and 16.405-1 from this RFP; however, the Government reserves the right not to make an award.

(b) RFP Instructions: If an Offeror fails to follow the instructions set forth herein, the

Offeror’s proposal may be eliminated from further consideration or the proposal may be downgraded and not receive full or partial credit under the applicable evaluation criteria.

(c) Accurate and Complete Information: Offerors must set forth full, accurate, and complete information as required by this RFP. The penalty for making false statements to the Government is prescribed in 18 United States Code (U.S.C.) 1001.

(d) Offer Acceptability: The Government may determine an offer as unacceptable if the offer does not comply with all RFP terms and conditions.

(e) Proposal Preparation Costs: The USG will not pay for any proposal preparation costs.

(f) Negotiation Process: USAID envisages a multi-step process toward award of the final Civil Society and Media contract:

Table 1. CSM Phased Evaluation with Multiple-Step Offer Submissions

CSM Phased Evaluation with Multiple-Step Offer Submissions

Phase One

Release Synopsis per FAR § 13.105 Describing all Evaluation Factors, and Request Proposed Technical Concept Addressing Phase One Factors

2 Receive Phase One Proposed Technical Concept

3 Evaluate Proposed Technical Concept per Phase One Evaluation Factors

4 Down-Select a Subset of Proposed Technical Concepts to Proceed to Phase Two

5 Preaward Notification of Exclusion from Further Consideration per FAR § 15.503(a)(1)

Phase Two

Request Concept Papers Addressing Phase Two Evaluation Factors only from Proposed Technical Concepts Selected to Proceed to Phase Two

7 Receive Concept Papers 8 Evaluate Concept Papers per Phase Two Evaluation Factors 9 Competitive Range established per FAR § 15.306(c) 10 Competitive Range Notification to Offerors per FAR § 15.503(a)(1)

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Phase Three

11 Request Oral Presentations Addressing Phase Three Evaluation Factors only from Offerors in Competitive Range

12 Virtual Oral Presentations per FAR § 15.102 13 Evaluate Phase Three Evaluation Factors 14 Discussions per FAR § 15.306

Phase Four

15 Request Final Proposal Revisions per FAR § 15.307(b) 16 Receive Final Proposal Revisions 17 Final Proposal Revision Evaluation 18 Source Selection Decision per FAR § 15.308 19 Selection (i.e., award to successful Offeror) per FAR § 15.504

Phase Five 20 Co-Design Workshop

L.4 PROPOSAL PREPARATION INSTRUCTIONS

L.4.1 CONCEPT PAPER

Offerors must submit a Concept Paper (i.e., proposal) per FAR §15.208(a) that responds to the objectives outlined in SOO Section L.5.1 below. USAID will conduct a technical evaluation of the concept papers per FAR § 15.305(a)(3), establish a competitive range of the most highly rated proposals per FAR § 15.306(c), and invite the organizations that have submitted the most highly rated Concept Papers to the oral presentation phase. Moreover, the Contracting Officer shall notify Offerors promptly in writing when their Concept Papers are eliminated from the competitive range per FAR § 15.503(a)(1). The Contracting Officer will indicate to or discuss with each Offeror still under consideration for award, Deficiencies, Significant Weaknesses, and adverse Past Performance information to which the Offeror has not yet had an opportunity to respond per FAR § 15.306(d)(3).

L.4.2 ORAL PRESENTATIONS

After evaluation of submitted Concept Papers per Section L.4.1 above, USAID will request oral presentations per FAR § 15.102(a) by Offerors whose Concept Papers were rated highest and establishment of a competitive range to augment the information provided in the Concept Papers. Further, the oral presentations remain subject to the same restrictions as written information, regarding timing (see FAR § 15.208) and content (see FAR § 15.306). Lastly, since oral presentations will occur after establishment of the competitive range, any exchanges will constitute discussions per FAR § 15.306(d).

Below please find the presentation content:

• The oral presentations are restricted to the topics identified in RFP Sections L and M;

• The offeror may not provide any additional topics or information;

• The oral presentation may not address information provided in the concept paper, particularly cost or pricing information; and

RFI No. 72036720R00008

• The offeror may not reference the written proposal as support for information furnished. If the offeror finds it necessary to address information contained in the Concept Paper, the offeror must fully present the written information.

The safety and well-being of oral presentation participants remains our top priority .Thus, given the Centers for Disease Control (CDC) COVID-19 guidelines, USAID/Nepal contemplates conducting Phase Three (i.e., oral presentations) virtually via a video-communication service or communication and collaboration platform (e.g., Google Meet, Cisco WebEx, MS Teams, etc.).

The proposed Chief of Party must lead the presentation and USAID encourages the participation of other proposed Key Personnel. The maximum number of participants who may participate on behalf of each offeror is four from the prime offeror and one from each major subOfferors (i.e., any subOfferors whose proposed subcontract equals or exceeds 20 percent of the contract value). USAID will allow a maximum of six persons to formally participate with the oral presentation. However, oral presentation participants may consult with Home Office representatives during designated breaks for the purpose of preparing responses to Technical Evaluation Committee (TEC) questions during the oral presentation. Nevertheless, only the presentation participants may formally participate with the oral presentation.

Failure of the proposed Chief of Party to lead the oral presentation for any reason will result in a full adjectival rating downgrade for the Management and Staffing Plan evaluation criteria that will be provided in the solicitation package.

USAID will review and evaluate each oral presentation against the evaluation criteria as presented in the relevant solicitation sections. Further, USAID restricts evaluation of an oral presentation only to the information presented verbally.

L.4.3 CO-DESIGN

As per ADS 201.3.4.3, Missions are encouraged to use solicitation approaches that support innovation, co-creation, or co-design when appropriate for creative programming opportunities.

ADS 201.6 defines co-creation as “a design approach that brings people together to collectively produce a mutually valued outcome, using a participatory process that assumes some degree of shared power and decision-making.”

Co-creation is a design approach that brings people together to collectively produce a mutually valued outcome, using a participatory process that assumes some degree of shared ownership and decision-making. By involving local organizations, the private sector, traditional USAID implementing partners, local experts, and host country government officials during the co-creation process, co-creation can greatly enhance opportunities for increasing local ownership of USAID programming. Moreover, co-creation can also lower the programmatic risk that USAID will not achieve the intended results, because the activity design and implementation will be informed by engagement with a broader array of stakeholders. USAID envisages an open, creative back-and-forth process with external experts and implementers to:

• Build a strong analysis rooted in multiple, diverse perspectives and forms of expertise;

• Promote multiple viewpoints that will help to identify parameters, prioritize focus areas, or identify opportunities for system collaboration;

RFI No. 72036720R00008

• Solicit the feedback, validation, and buy-in of multiple stakeholders;

• Better understand local needs and constraints and encourage local communities to act;

and

• Approach development through a more inclusive, collaborative, creative, and open process.

Following execution of the contract award to the successful offeror per FAR § 15.504 based on a comparative assessment of proposals against all source selection criteria in the solicitation per FAR § 15.308, USAID will invite the successful offeror (i.e., Offerors) to develop the final CSM PWS through a multi-stakeholder co-creation work planning workshop per ADS 201.3.4.8.

L.5 STATEMENT OF OBJECTIVES (SOO)

USAID has deliberately chosen a SOO for this new activity rather than a more prescriptive statement of work (SOW) with a set list of illustrative activities. Learning from USAID and other development partner experience and drawing upon ongoing research and learning about how external actors can support more sustainable, locally driven change,4 USAID intends for the CSM activity to serve as a platform for problem-driven in achieving programmatic objectives.

The selected Offeror will be encouraged to:

(a) Seek out positive deviance;5

(b) Build on what is already working to support ‘best fit’ rather than ‘best practice’ approaches;

(c) Test pathways to advance CSM’s goal and objectives; and

(d) Nurture Nepali-led initiative for change.

L.5.1 PURPOSE

The CSM activity will primarily provide technical assistance and capacity building to civil society and media to improve their effectiveness in advancing and protecting fundamental freedoms, strengthening public and private sector accountability, and improving equitable access to quality public services.

L.5.2 SCOPE

USAID/Nepal contemplates awarding a cost-plus-incentive-fee (CPIF) cost reimbursement contract per FAR §§ 16.304 and 16.405-1 for a five-year period of performance (i.e., a three-year Base Period and two one-year Option Periods) with a total estimated cost (TEC) ranging between $25 million (M) to $30M, subject to the availability of funds and USAID discretion.

USAID recognizes that different communities have different needs that may not be sector-specific. USAID also anticipates that the targeted provinces, districts, and municipalities will likely seek the Offerors’s support through the CSM Activity from among the below priority services (in no order of priority or preference):

4 Please see http://oxfamblogs.org/fp2p/where-have-we-got-to-on-adaptive-learning-thinking-and-working-politically-doing-development-differently-etc-getting-beyond-the-peoples-front-of-judea/.

5 Please see http://oxfamblogs.org/fp2p/why-positive-deviance-could-be-the-answer-to-working-in-complex-messy-places-like-papua-new-guinea/.

(a) Capacity-building of civil society and media organizations or leaders to perform their core roles, such as civic oversight, investigative journalism, advancing freedom of expression and freedom of association;

(b) Supporting gender equality and social inclusion (GESI) through strategic interventions and demonstrated outcomes.

(c) Public policy analysis and evidence-based advocacy, and fight against corruption, among others, effectively;

(d) Promoting and strengthening a new generation of civil society, such as youth and promote their organizations and leadership as agency of change in the society;

(e) Strengthening and expanding civil society and media’s knowledge-base on their fundamental roles or functions in collaboration with think tanks or academic institutions;

(f) Supporting civil society and media organizations to improve their internal institutional governance, integrity, and credibility among the stakeholders;

(g) Supporting civil society and media to demonstrate and institutionalize social accountability tools and processes,

(h) Encouraging and strengthening systematic engagement between the private sector and civil society and media for larger public benefit; and

Offerors will implement activities at the federal and sub-national level. The national level focus will be to create an enabling policy and legal environment for civil society and media to protect and expand civic space and advance freedom of association and freedom of expression. Civil society will engage with the government, parliament, political actors for a conducive policy framework for civil society and media and improve government effectiveness through tailor-made advocacy and advancement of technologies and other alternatives. Further, civil society will also advocate for creating an enabling business environment for the private sector to accelerate inclusive growth. Likewise, civil society will further engage with the private sector to improve their business model to become more fair, ethical and socially responsible. Moreover, civil society will advocate for and support to implement open government partnership principles and standards.

At the sub-national level, civil society and media will strategically and deliberately engage with provincial and local governments. Through the support of the CSM activity, civil society actors and media will use empirical evidence to demand accountability of provincial and local governments as it relates to their public mandates, resource distribution and adherence to the principles of good governance. Moreover, civil society will also extend support to the provincial and local governments through knowledge, skills, technology and offering alternatives for improving business processes, development models, investment priorities, accountability systems, among others. Furthermore, civil society will support subnational governments to implement open government partnership principles and standards. Civil society engagement with subnational government will greatly contribute to formulate pro-people policies and laws following participatory process, strengthen and institutionalize participatory, transparent, inclusive and accountable systems, institutions, business processes and behaviors of government officials. Lastly, civil society and media actors will deliberately promote meaningful engagement between the citizens and government.

RFI No. 72036720R00008

Nepal remains prone to disasters like earthquakes, floods, landslides, numerous epidemics, pandemics, and other hazards. The COVID-19 global pandemic has had a massive impact on the lives of people, especially the poor and vulnerable. Further, COVID-19 has brought enormous challenges and opportunities in improving democratic governance. Civil society and media have an important role to play in the area of defending civic space, promoting civic engagement with government, advocating for transparent and inclusive processes, containing misinformation, promoting media integrity and ethical behavior, and defending press freedom at federal, provincial, and local level.

All these efforts will empower citizens to take informed decisions, take part in the governance process, and ask for accountability with their government and elected leaders. Likewise, it will also provide enormous support to the federal, provincial, and local governments to become more responsive to the needs of citizens (with an emphasis on children, women, Dalits, persons with Disabilities, and other historically disadvantaged groups) with improved government effectiveness in delivering services and maintaining transparency and accountability.

The CSM activity will improve civil society and media’s credibility and public image by improving overall professionalism and encouraging partnerships with respected institutions. It will promote a new generation of civil society leaders and their organizations in advancing public interest issues and negotiating with their government and political processes.

CSM activities will result in increased data and evidence on cross-USAID programming collaboration, leveraging, and continuity to inform USAID management decisions on whole-of- USAID bilateral development programming. (Offerors are encouraged to consult the previous Civil Society and Media activity’s Mid-Term Evaluation report, found).6

L.5.2.1 PLACE OF PERFORMANCE

The CSM activity’s place of performance will fall within select locations in the Federal Democratic Republic of Nepal (Nepal). CSM will work at the national level in Kathmandu. The Offerors must also implement activities in USAID’s zone of influence (determined by the Mission’s Country Development Cooperation Strategy (CDCS)). The activity will be implemented at the federal level, provincial level, and in selected local governments as per the CDCS7 in close coordination with the GON, other donors, and through internal analysis looking at USAID’s historic investments, comparative advantage, ongoing sectoral programming, among others. Most of the activities of CSM will be expended within a select number of rural and urban municipalities, districts, and provinces. Targeted municipalities, districts, and provinces must be willing and able to participate in CSM. Focus municipalities, districts, and provinces will be selected during the co-creation workshop based upon a set of criteria jointly developed by USAID and the Implementing Partner.

6 Available at https://dec.usaid.gov/dec/content/Detail_Presto.aspx?ctID=ODVhZjk4NWQtM2YyMi00YjRmLTkxNjktZTcx MjM2NDBmY2Uy&rID=NTEyOTYx&qrs=RmFsc2U%3d&q=KERvY3VtZW50cy5Eb2N1bWVudF9UaXRsZT ooQ2l2aWwgU29jaWV0eSBNdXR1YWwgQWNjb3VudGFiaWxpdHkgUHJvamVjdCkp&qcf=ODVhZjk4NWQt M2YyMi00YjRmLTkxNjktZTcxMjM2NDBmY2Uy&ph=VHJ1ZQ%3d%3d&bckToL=VHJ1ZQ%3d%3d&rrtc= VHJ1ZQ%3d%3d.

7 USAID is currently developing a new CDCS which will come into effect in 2021. The CSM activity will be implemented, to the extent possible, within the parameters of the next CDCS.

L.5.2.2 PERIOD OF PERFORMANCE

The CSM activity will span an estimated five-year (2021 – 26) period of performance. The estimated start of performance is no more than 30 calendar days from the date of contract award.

L.5.3 BACKGROUND

The participation of civil society is fundamental to Nepal’s democratic governance and transition to federalism. Through civil society, citizens come together to hold their leaders accountable and address challenges that the government cannot tackle alone. Civil society, as defined, is recognized by its role rather than the status of affiliation or non-affiliation to a certain organization or background of individuals. Civil Society Organizations (CSOs)8 or leaders often drive innovations and develop new ideas and approaches to solve social, economic, and political problems that governments can apply on a larger scale. Moreover, by giving people peaceful avenues to advance their interests and express their convictions, a free and flourishing civil society contributes to stability, helps to transform actual or potential conflicts into a durable peace and build on democratic culture and practices. Civil society enables citizens to engage in the state governance process, defends and deepens democracy, paves a path for durable peace, promotes and protects human rights, facilitates dialogue and negotiations with government, and advances public interest issues and advocates for their amicable resolution. Civil society further plays an important role as a watchdog of state and market performance and advocate of voiceless and marginalized people. CSOs help the governments to become more open, transparent, and accountable to the citizens. This is the ideal for which CSOs and a society should strive.

In Nepal, civil society has made significant strides after the country’s move toward democracy in 1990. There are 432,549 CSOs operating across the country, of which 45,351 CSOs have officially registered with the Social Welfare Council (SWC).9 In Nepal, civil society has evolved as a vibrant sector after the restoration of democracy in 1990. Civil society has been instrumental in assisting democratic movements (1990 and 2006), defending human rights and supporting the peace process (1996 – 2006), drafting the federal republic constitution (2008 – 2015), and empowering citizens economically and socially. Civil society and media have flourished over the period and they now have greater space and voice to influence democratic governance process. In 2015, Nepal promulgated a new constitution and changed its democratic course from a unitary to federal republic democratic structure which has fundamentally changed the structure of governance. Civil society and media were instrumental in shaping the structure and contents of the constitution. As a result, the Constitution has progressively engrained fundamental rights, including freedom of expression and association for civil society and media.

CSOs work in a variety of forms to promote the rule of law; respect and protect the fulfillment of human rights; deliver humanitarian assistance; complement the government in delivering basic services to the poor and marginalized groups; strengthen good governance; facilitate

8 Civil Society Organizations (CSOs) refer to a wide array of organizations: community groups, non-governmental organizations (NGOs), labour unions, indigenous groups, charitable organizations, faith-based organizations, professional associations, and foundations.

9 Legal Infrastructure of Nepali Civil Society Organizations, Research Report, Page 30, GoGo Foundation, 2017.

RFI No. 72036720R00008 democratization processes; and, ultimately support Nepal’s development toward a free and open democracy. Non-government organizations (NGOs) in Nepal are far reaching to complement developmental services, and civil society at large needs to further strengthen its role in advocacy and as watchdog in democratic governance. As per USAID’s Civil Society Sustainability Index 2018, Nepal’s CSOs are in an evolving stage in terms of capacity, public image, and overall sustainability and effectiveness.

While aspirationally altruistic, CSO’s evolution began from political freedom and human rights movement. Naturally, most of the CSOs are associated with political movements and later political ideology and parties. So, CSOs are considered to be politically influenced. Over the period, there are a number of CSOs who are not associated with political parties, but they work on political agendas. There are varieties of civic groups advancing the agenda of particular groups or thematic issues. The latter of which typically have more capacity development needs and are at the grassroots level. In a 2019 perception survey of civil society and media, respondents concluded that political pressure, limited financial resources and lack of human resources are the three major challenges that CSOs are facing in Nepal. Nepal’s civil society continues to lack the resources and organization to effectively hold the government and private sector accountable.

Finally, civil society in Nepal has little engagement with the private sector, where it could play an important bridge between citizens and the state and the market in terms of amplifying voices, choices and the rights of citizens, particularly marginalized and excluded communities. CSOs have a great role to play connecting their constituencies with the relevant state and market actors for negotiating their interests and demanding for accountability of those actors. Civil society has not played a constructive role to support the private sector for creating enabling business environments or promote fair and ethical business practices.

L.5.3.1 CRITICAL ASSUMPTIONS

L.5.3.1.1 CONTINUED IMPLEMENTATION OF FEDERALISM

As the country has entered into a federal structure of governance, a federal democratic system will be strengthened and institutionalized. This will expand space for citizens and CSOs to exercise their freedom of expression, freedom of association and other fundamental human rights.

L.5.3.1.2 POLITICAL STABILITY AND PEACE ENDURE

It is assumed that with the roll-out of a democratic federated republic, there will be political stability, albeit some disagreement; democratic elections are upheld, even with contestation; and, overall peace among parties, provinces and divergent ethno-religious groups continues.

L.5.3.1.3 SPACE FOR INDEPENDENT CIVIL SOCIETY AND MEDIA

REMAINS

Further, it is also assumed that there will be enough space for civil society and media to operate independently and advance public interests as per their mandate and fundamental rights enshrined by the Constitution of Nepal.

Nepal supports the effective functioning of its human rights institutions related to racial and caste-based discrimination and has passed a Caste-based Discrimination and Untouchability Act to criminalize all forms of racial discrimination based on color and national or ethnic origin, prohibiting both direct and indirect forms of discrimination. Similarly, the National Civil (Code) Act, 2017 also prohibits such discrimination. CSOs and media have an important role in educating citizens for ending discriminatory practices, monitoring the status of enforcement and advocating for proper accountability.

Nepal’s Constitution guarantees citizens the freedom of expression and association. Further, the Constitution mandates the government at federal, provincial and local level to respect, protect and fulfill such freedoms and has empowered citizens to engage with government on multiple issues of mutual interest. The Government of Nepal (GON) is developing a 15th five-year periodic plan where the role of citizens in democratic governance and socio-economic development is envisioned (draft plan 2019). Similarly, the Local Government Operations Act 2074 (2017) also mandates the local government to collaborate and coordinate with CSOs. With these commitments, the GON has a framework with which to engage both civil society and media to be effective partners in building a stronger, more democratic society.

L.5.3.1.4 A MORE ACCOUNTABLE PRIVATE SECTOR IS GOOD FOR

CONSUMERS AND NEPAL’S ECONOMIC GROWTH

The enabling business environment, fair, ethical and socially responsible business, transparency and accountability enables a conducive environment for domestic and foreign private investments that greatly accelerate economic growth. A private sector that is resilient to corrupt practices is good for promoting good governance within the government system and delivering better services to the citizens.

L.5.3.1.5 SPACE AND CONSTRUCTIVE ENGAGEMENT OF CIVIL SOCIETY

AND MEDIA IN COVID-19 RESPONSE

COVID-…