DGLS2RFPFinal091409.pdf

Date Issued: September 14, 2009 Closing Date: October 23, 2009 Closing Time: 11:00 A.M. EDT

Subject: Request for Proposals Number M/OAA/DCHA/DOFDA-09-618 Legislative Strengthening Technical Assistance Services

The United States Agency for International Development (USAID) is seeking proposals to provide Legislative Strengthening Technical Assistance services for USAID’s Office of Democracy and Governance in the Bureau for Democracy, Conflict and Humanitarian Assistance (DCHA) as described in the attached Request for Proposals (RFP). USAID anticipates the award of approximately five (5) five-year Indefinite Quantity Contracts (IQC), including one (1) small business set-aside IQC as a result of this RFP.

USAID anticipates that the maximum ordering limitation of the contracts resulting from this RFP will be $500,000,000 over the 5-year ordering period. The maximum aggregate dollar value of task orders awarded to all contractors cannot exceed this contract ceiling. This ceiling is not being subdivided among the number of awardees nor is it being multiplied by the number of awardees. There is no guarantee on the number of task orders that the successful contractors will receive or the amount of money beyond the minimum order guarantee set forth in the RFP.

This award will replace the prior IQCs in this sector:

1. The Research Foundation of State University On behalf of SUNY Center for International Development (DFD-I-00-04-00128-00)

2. Development Alternatives, Incorporated (DFD-I-00-04-00129-00)

3. Development Associates, Incorporated (DFD-I-00-04-00135-00)

4. Financial Markets International, Incorporated (DFD-I-00-04-00136-00)

5. Management Systems International (DFD-I-00-04-00138-00)

Pursuant to Block 12 of Standard Form 33 of this RFP, USAID requires that offers stay valid through September 30, 2010.

This RFP in no way obligates USAID to award a contract nor does it commit USAID to pay any cost incurred in the preparation and submission of a proposal.

This RFP can be viewed and downloaded from the Internet at Worldwide Web address www.fedbizopps.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 Internet site from which you downloaded the solicitation.

You are therefore advised to regularly check the above internet site for amendments.

Sincerely, Joseph W. Lentini Contracting Officer http://www.fedbizopps.gov/

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

RATING PAGE OF PAGES

SOLICITATION, OFFER AND AWARD 1 N/A 97

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER

SEALED BID (IFB)

M/OAA/DCHA/DOFDA-09-618 X

NEGOTIATED (RFP)

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

U.S. AGENCY FOR INTERNATIONAL DEVELOPMENT

OFFICE OF ACQUISITION AND ASSISTANCE

M/OAA/DCHA/DOFDA RRB 7.10-005

1300 PENNSYLVANIA, NW.

WASHINGTON, DC 20523

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

9. Sealed offers in original and __ __ copies for furnishin_________________________ See Section L.7 See Section L.7 until local time _______________________

(Hour)

11:00 EDT

(Date) October 23, 2009

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.

g the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

SOLICITATION

10. FOR INFORMATION CALL: A. NAME B. TELEPHONE (NO COLLECT CALLS) C. E-MAIL ADDRESS

AREA CODE NUMBER EXT.

11. TABLE OF CONTENTS

Peggy Manthe 202-712-5318 pmanthe@usaid.gov

See Attached Table of Contents

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

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

A SOLICITATION/CONTRACT FORM I CONTRACT CLAUSES

B SUPPLIES OR SERVICES AND PRICES/COSTS PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

C DESCRIPTION/SPECS./WORK STATEMENT J LIST OF ATTACHMENTS

D PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS

E INSPECTION AND ACCEPTANCE

F DELIVERIES OR PERFORMANCE

G CONTRACT ADMINISTRATION DATA L INSTR., CONDS., AND NOTICES TO OFFERORS

H SPECIAL CONTRACT REQUIREMENTS M EVALUATION FACTORS FOR AWARD

K REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

OFFER (Must be fully completed by offeror)

X 1

X 2-9

X 45-57

X 10-17

X 18

X

X 21

X 20-29

X 30-32

X 33-43

X 59-74

X 75-92

X 93-97

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

12. In compliance with the above, the undersigned agrees, if this offer is accepted within _(by September 30, 2010)_ calendar days (60 calendar days unless a different period is inserted 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 designated point(s), within the time specified in the schedule.

10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS (%)13. DISCOUNT FOR PROMPT PAYMENT (See Section I, Clause No. 52-232-8)

AMENDMENT NO. DATE AMENDMENT NO. DATE14. ACKNOWLEDGEMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated:

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

15A. NAME AND

ADDRESS

OF OFFEROR

CODE FACILITY

15B. TELEPHONE NUMBER 17. SIGNATURE 18. OFFER DATE

15C. CHECK IF REMITTANCE ADDRESS IS DIFFERENT FROM AREA CODE NUMBER EXT.

ABOVE - ENTER SUCH ADDRESS IN SCHEDULE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

$.00

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN (4 copies unless otherwise specified)

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

ITEM

24. ADMINISTERED BY (If other than Item 7) 25. PAYMENT WILL BE MADE BYCODE CODE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

Joseph Lentini

Contracting Officer (Signature of Contracting Officer)

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

STANDARD FORM 33 (REV. 9-97)

M/OAA/DCHA/DOFDA-09-618

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PURPOSE

The purpose of this contract is to provide services that fall within the scope of the work specified in Section C for Strengthening Deliberative Bodies. USAID Task Order Contracting Officers (TOCOs) will request the work through the issuance of task orders during the ordering period as specified Section F of the contract. in

B.2 CONTRACT TYPE AND SERVICES

This is an Indefinite Quantity Contract (IQC) utilizing individual task orders to provide technical services. The Government will issue task orders at are either Cost-Plus-Fixed-Fee (CPFF) or Firm-Fixed-Price (FFP). th

B.3 MINIMUM OBLIGATED AMOUNT

The basic contract includes an initial obligation of funds in the amount of $25,000 to cover the minimum order guarantee. USAID is required to order and the Contractor is required to furnish the minimum order amount of services.

Following this initial obligation, individual task orders will obligate funds to cover the work required under such task orders.

[Note: The initial obligation is expected to be applied towards the first task order issued by DCHA/DG.]

B.4 MAXIMUM CONTRACT CEILING

This is a multiple award Indefinite Quantity Contract with an overall ceiling price of $500,000,000. The maximum aggregate dollar value of task orders awarded to all contractors cannot exceed the contract ceiling. This ceiling is not being subdivided among the number of awardees nor is it being multiplied by the number of awardees.

B.5 ESTIMATED COST AND FIXED FEE

(a) The Total Estimated Cost Plus Fixed Fee for each task order must be negotiated in accordance with the terms of the IQC contract. In no event may the indirect rates or fixed fee for a task order exceed the ceilings set forth in Section B.7 and B.8 of IQC contract. The U.S. dollar costs must be limited to reasonable, allocable, and allowable costs determined in accordance with FAR 52.216-7, Allowable Cost and Payment, and FAR 52.216-8, Fixed Fee, 2 CFR Part 220 (for universities), and 2 CFR Part 230 (non-profits).

(b) Fixed Fee Payment. For any task order issued under this contract, at the time of each payment of allowable costs to the Contractor, the USAID paying office ordinarily pays the Contractor a percentage of fixed fee that directly corresponds to the percentage of allowable costs being paid. Two exceptions to paying fixed fee in this manner apply:

(1) If the TOCO determines that this method results in paying a disproportionately higher ratio of fixed fee than the percentage of work that the Contractor has completed, then the TOCO may suspend further payment of any fixed fee until the Contractor has made sufficient progress to justify further payment, up to the agreed percentage.

(2) The clauses entitled "Allowable Cost and Payment" (FAR 52.216-7) and "Fixed Fee" (FAR 52.216-8) are incorporated into this contract.

The terms and conditions of these clauses apply after total payments of fixed fee reach eighty-five percent (85%) of the total fixed fee.

B.6 INDIRECT COSTS

Pending establishment of revised provisional or final indirect cost rates, allowable indirect costs shall be reimbursed on the basis of the following negotiated provisional or predetermined rates and the appropriate bases:

Description Rate Base Type Period

1/ 1/ 1/ 2/ 2/ 2/ 3/ 3/ 3/

1/Base of Application:

Type of Rate:

Period:

2/Base of Application:

Type of Rate:

Period:

3/Base of Application:

Type of Rate:

Period:

Source:

Note 1: Contractors may recover applicable indirect costs (i.e., overhead, G&A, etc.) if it is part of the contractor's usual accounting procedures, consistent with FAR Part 31, and Negotiated Indirect Cost Rate Agreement

(NICRA).

Note 2: While Subcontractor indirect cost rates are not incorporated above, subcontractor indirect cost rates may be included in task order proposals, and are subject to approval of the TOCO in accordance with FAR 52.244-2, Subcontracts.

B.7 CEILING ON INDIRECT COST RATES

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

Description Rate Base Type Period

1/ 1/ 1/ 2/ 2/ 2/ 3/ 3/ 3/

1/Base of Application:

Type of Rate:

Period:

2/Base of Application:

Type of Rate:

Period:

3/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 shall 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 CEILING ON FIXED FEE

For each task order issued under this IQC, the TOCO and Contractor agree to negotiate a set dollar amount for fixed fee. In negotiating the fixed dollar amount for fee, the TOCO must consider the policies and factors for establishing fee in FAR 15.404-4 as well as any applicable USAID policy on establishing a fixed fee amount. In no event, however, may the amount of fixed fee in any individual task order exceed _____ percent (offeror proposes ceiling percentage) of the task order’s estimated cost, excluding fee.

B.9 LABOR

(a) Compensation of personnel under this contract or any resulting subcontract must be in accordance with AIDAR 752.7007 Personnel Compensation

(JUL 2007).

(b) Central management costs will be handled through the following method:

The Contracting Officer has determined that a key (full-time) technical manager is not necessary or required to administer the basic IQC.

Contractors will not be authorized to bill USAID directly for IQC management costs under this IQC or under task orders. Contractors should propose a centralized management structure that allows for recovery of IQC management costs as part of its indirect costs.

(c) The work day and work week policies and method of accounting for paid absences including holidays for the contractor and major subcontractors is set forth in Attachment J___. (The Contracting Officer will fill in the Attachment number at the time of award and incorporate the information from the contractor’s proposal into Section J of the contract).

B.10 LABOR CATEGORIES – UNBURDENED CEILING DAILY RATES

Year 1 Unburdened Ceiling Daily Rates

Senior Mid Junior 1001 Legislative/Parliamentary Development Specialist $ $ $

1002 Public Administration/Strategic Management Specialist $ $ $

1003 Budget Analyst Specialist $ $ $

1004 Information Technology/Information Management Specialist $ $ $

1005 Media/Communications Specialist $ $ $

1006 Public Advocacy Specialist $ $ $

1007 Training Specialist $ $ $

1008 Administrative Support Specialist $ $ $

Year 2 Unburdened Ceiling Daily Rates

Senior Mid Junior 2001 Legislative/Parliamentary Development Specialist $ $ $

2002 Public Administration/Strategic Management Specialist $ $ $

2003 Budget Analyst Specialist $ $ $

2004 Information Technology/Information Management Specialist $ $ $

2005 Media/Communications Specialist $ $ $

2006 Public Advocacy Specialist $ $ $

2007 Training Specialist $ $ $

2008 Administrative Support Specialist $ $ $

Year 3 Unburdened Ceiling Daily Rates

Senior Mid Junior 3001 Legislative/Parliamentary Development Specialist $ $ $

3002 Public Administration/Strategic Management Specialist $ $ $

3003 Budget Analyst Specialist $ $ $

3004 Information Technology/Information Management Specialist $ $ $

3005 Media/Communications Specialist $ $ $

3006 Public Advocacy Specialist $ $ $

3007 Training Specialist $ $ $

3008 Administrative Support Specialist $ $ $

Year 4 Unburdened Ceiling Daily Rates

Senior Mid Junior 4001 Legislative/Parliamentary Development Specialist $ $ $

4002 Public Administration/Strategic Management Specialist $ $ $

4003 Budget Analyst Specialist $ $ $

4004 Information Technology/Information Management Specialist $ $ $

4005 Media/Communications Specialist $ $ $

4006 Public Advocacy Specialist $ $ $

4007 Training Specialist $ $ $

4008 Administrative Support Specialist $ $ $

Year 5 Unburdened Ceiling Daily Rates

Senior Mid Junior 5001 Legislative/Parliamentary Development Specialist $ $ $

5002 Public Administration/Strategic Management Specialist $ $ $

5003 Budget Analyst Specialist $ $ $

5004 Information Technology/Information Management Specialist $ $ $

5005 Media/Communications Specialist $ $ $

5006 Public Advocacy Specialist $ $ $

5007 Training Specialist $ $ $

5008 Administrative Support Specialist $ $ $

[Note1: The Year 5 Unburdened Ceiling Daily Rates shall apply to task orders that continue up to three (3) years beyond the ordering period (See Section F.1.)]

[Note2: The Unburdened Ceiling Daily Rates apply to employee and consultant salaries. For consultants that typically bill using a loaded rate, contractors may propose any charges above direct salary separately.]

DEFINITION OF LABOR CATEGORIES

To clarify duties entailed (and consequently, type of experience required), the following labor categories are defined as follows:

1. Legislative/Parliamentary Development Specialist – Provides analysis, advice, and/or implementation assistance on the roles, functions, operation, and capacities of deliberative bodies in the areas of legislative process and procedures, law-making, bill drafting, committee processes, research and analysis, public hearings, legislative libraries, executive-legislative relations, legislative oversight, constituent relations, public outreach, budget and fiscal analysis, ethics, legislative record-keeping, and other areas intended to strengthen the capacity of deliberative bodies.

2. Public Administration/Strategic Management Specialist - Provides advice and guidance to USAID and cooperating country personnel on management processes and issues, drawing on the principles and practices of strategic planning, change management, systems analysis and related disciplines.

Advises and assists in developing and using processes to identify and engage relevant stakeholders; define agreed upon purpose, outcomes, and strategies;

analyze and effectively address external environmental considerations along with internal ones.

3. Budget Analyst - Provides analysis, advice and/or implementation assistance on financial management systems (including transparency and accountability in financial systems), audit offices, and other subjects related to finance that don't clearly fall under other named subject specialists.

4. Information Technology/Information Management Specialist - Provides analysis, advice and/or implementation assistance on design, implementation and evaluation of information systems, with an emphasis on computerized systems of information management. Advises on hardware and software configurations, purchases, maintenance and personnel training requirements.

Advises on uses and options related to internet connectivity and e-government initiatives and e-commerce.

5. Media/Communications Specialist - Provides analysis, advice and/or implementation assistance on public awareness campaigns, public relations, information dissemination, advocacy campaigns, media outreach skills for members and staff of deliberative bodies, as well as the elements of a country's legal and policy environment critical to a free and independent media, and the types and uses of journalism including investigative journalism, freedom of information issues.

6. Public Advocacy Specialist – Provides advice, assistance, and guidance to non-governmental organizations, civil society and citizens groups, public interest organizations, lobbying groups, representative associations, and other organizations on how to advocate, interact, and communicate with representatives of deliberative bodies and other governing institutions to provide information, express opinions and viewpoints, and represent the interests of these groups in the legislative and policy-making process.

7. Training Specialist - Provides analysis, advice and/or implementation assistance on training strategies, delivery of training, organizational training capacity, and management of training activities and evaluation of same.

8. Administrative Support - Provides secretarial, logistical and operations support to contractor teams, USAID and cooperating country personnel.

Conducts research and obtains documents to inform technical assistance, briefings and reports. Coordinates logistics for travel, study tours, training and other events.

MINIMUM QUALIFICATIONS

In order to perform the statement of work set forth in Section C, the Contractor must provide personnel that meet the minimum education and experience requirements set forth below. These minimum qualifications correspond to the Unburdened Ceiling Daily Rates above.

Level Academic

Degree* Plus Approximate Years of Relevant** Work Experience

Including Years of Experience in Int'l Development

Relevant Regional Experience

Relevant Language Fluency

Senior Ph.D.

JD/ABD

MS/MA/MBA

BS/BA

Less than Bachelor's

As specified in Task Order

As specified in Task Order

As specified in Task Order

Mid-level

Ph.D.

JD/ABD

MS/MA/MBA

BS/BA

Less than Bachelor's

As specified in Task Order

As specified in Task Order

As specified in Task Order

Junior Ph.D.

JD/ABD

MS/MA/MBA

BS/BA

Less than Bachelor's

As specified in Task Order

As specified in Task Order

As specified in Task Order

*Highest degree obtained should be related to work being performed.

**Relevant Work Experience is required for the levels indicated.

B.11 TASK ORDER LIMITATIONS

(a) Cost-Plus-Fixed-Fee (CPFF) Task Orders. When issuing CPFF task orders, the TOCO must state in the task order the total estimated cost plus fixed fee, which is the total amount of the task order and the maximum amount the Contractor may be paid without the advance written approval of the cognizant

Contracting Officer. This maximum amount represents the negotiated mix of the prime contractor's and subcontractors' professional labor categories and salaries, an estimated number of workdays, other direct costs, and fixed fee.

(b) Firm-Fixed-Price (FFP) Task Orders. When issuing FFP task orders, TOCOs must state in the task order the firm-fixed-price, which represents the total amount of the task order and the maximum price the contractor may be paid to perform the services, reports, or other deliverables in the task order.

(c) Minimum Order. When USAID requires services or reports and other deliverables covered by this contract in a Task Order in the amount of less than $25,000, the Contractor is not obligated to accept an order to furnish those services or reports and other deliverables under this contract. However, if the Contractor agrees to furnish services or reports and other deliverables required by USAID in an amount of less than $25,000 and is awarded a Task Order to do so, the Contractor is required to provide said services and reports/deliverables in accordance with the Contract's terms and conditions.

(d) Maximum Order. When USAID requires services or reports and other deliverables covered by this contract in a Task Order amount of more than $25,000,000, the Contractor is not obligated to accept an order to furnish those services or reports and other deliverables under this contract. However, if the Contractor agrees to furnish services or reports and other deliverables required by USAID in excess of $25,000,000 and awarded a Task Order to do so, the Contractor is required to provide said services and reports/deliverables in accordance with the ntracts terms and conditions. Co

(e) Notwithstanding the above, if issuance of a task order to, and acceptance of a task order by, the Contractor would: (1) result in the Contractor (or its personnel or its subcontractors or their personnel) having an organizational conflict of interest for which restrictions would be placed on the Contractor's (or its personnel’s or its subcontractors’ or their personnel’s) future activities; or (2) violate the provisions of the Procurement Integrity legislation, i.e., Section 27 of the Office of Federal Procurement Policy Act (41 U.S.C. 423), as amended by Section 814 of Pub. L. 101-189 the Contractor, after written notification to the cognizant Contracting Officer, is not obligated to furnish those services or reports and other deliverables under this contract, and USAID may acquire the supplies or services from another source.

- END OF SECTION B -

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 INTRODUCTION

The role of the Office of Democracy and Governance (DG) in USAID’s Bureau for Democracy, Conflict and Humanitarian Assistance (DCHA) is to provide USAID and other development practitioners with technical and intellectual leadership and implementing mechanisms to support democratic development around the world. In addition to strategic planning, monitoring and evaluation, DCHA/DG has four core technical areas outlined in its strategic plan: Elections and Political Processes, Rule of Law, Civil Society, and Governance. Legislative strengthening activities fall within the purview of the Governance sector.

This IQC, entitled Strengthening Deliberative Bodies, will entail the provision of a wide array of services encompassing short- and long-term technical assistance and other support designed to strengthen representative and deliberative bodies at national, sub-national and local levels of government. The Strengthening Deliberative Bodies IQC will be managed by USAID staff, however, cooperating USG Agencies and bodies, including the Department of State, the Millennium Challenge Corporation, the House Democracy Assistance Commission, and others may opt to transfer funds to USAID in order to participate in shared programs.

Over the life of the IQC, the Strengthening Deliberative Bodies IQC will directly contribute to the achievement of USAID Democracy and Governance’s Objectives as described in the “F” framework. For more information on the “F” framework, see http://www.state.gov/f/c23053.htm. In this regard, under the Functional Area of Governing Justly and Democratically, the Strengthening Deliberative Bodies IQC falls under Program Area 2.2, Good Governance.

Program Elements and Sub-Elements supported by the IQC will include:

2.2.1: Legislative Function and Processes

2.2.1.1: Legislative Strengthening and Legal Reform

2.2.1.2: Representation

2.2.1.3: Oversight and Budget Capacity

2.2.1.4: Legislative Management, Administration, Accountability, Transparency

2.2.1.5: Citizen Participation

As parliamentary work is cross-cutting in the democracy-governance portfolio, the Strengthening Deliberative Bodies IQC will work towards achieving multiple objectives and link a number of different program initiatives. The program will have a major focus seeking to substantially develop the legislative capacity of the Parliament to (1) respond to and represent constituent issues and concerns, (2) provide more transparency on legislation and related policy development, and (3) conduct oversight of the Executive and monitor the implementation of legislation.

C.2 BACKGROUND

Legislatures and other governing deliberative bodies are critical elements in making a democratic system function. A recent study concluded that the http://www.state.gov/f/c23053.htm

“strength of the national legislature may be a – or even the – institutional key to democratization.”1 In many democratizing countries, however, legis-lative institutions are new; legislators are inexperienced and unaccustomed to their roles and responsibilities; and the power and authority of the legislature vis-à-vis the other branches of government, particularly the executive, are often weak or not clearly defined.

These deliberative bodies often do not have the capacity to respond effectively to interest groups and constituents or to act as a countervailing force to the power of the executive branch. Deliberative bodies may also be unable to play a critical role in providing a nonviolent, institutional forum for airing and reconciling the needs and views of different groups within society.

The process of democratic governance is most legitimate when it is characterized by transparency, pluralism, citizen involvement in decision-making, representation, and accountability. It is the objective of USAID’s legislative strengthening programs and of this contract to assist legislatures and other deliberative bodies to become more effective, democratic institutions through programs and activities designed to increase their transparency, accountability, and pluralism; strengthen public participation and representation; and build policy, law-making, and oversight capacities; in the context of addressing other strategic objectives, policy goals, or issues and problems affecting a particular country.

How are these principles of democratic governance manifested by a legislature in a democratic society? A legislature is transparent in its operations when legislative sessions and members are accessible to the public, public information about legislative actions is readily available, and media coverage of the legislature is widespread. Pluralistic legislatures are ones in which a cross-section of different political parties and ideological, religious, or ethnic groups are represented in the legislature, the representatives of these groups receive equitable resources and support, and different societal viewpoints and opinions are expressed. A legislature that is representative and participatory is characterized by citizens having access to, and input in, the policy making process through the legislature;

there is high degree of interaction between members and citizens; issues are addressed or legislation amended because of public input or pressure; and civil society organizations, advocacy organizations, and/or interest groups are active participants in the legislative process. An effective legislature is one in which the policy formulation and law making processes are the product of informed decision-making, and legislation is well-thought out and drafted. An accountable legislature ensures that laws and government programs are being implemented fairly, effectively, and efficiently; the national budget is scrutinized and agreed upon; public revenues and expenditures are monitored; and issues of public corruption and mismanagement are addressed.

In addition to assisting legislatures to achieve the above objectives, it is important for USAID legislative strengthening programs to help foster enabling environments within countries that are conducive to ensuring that legislatures and deliberative bodies can properly perform their mandated functions and responsibilities. This may include supporting efforts to

1 Steven Fish, Stronger Legislatures, Stronger Democracies, Journal of Democracy, January 2006, pg.

18.

create a constitutional and legal framework that would provide legislative and deliberative bodies with sufficient authority and responsibility to adequately perform their functions, helping to build broad public support for the legislature through working with civil society and media groups, or helping to promote recognition on the part of other government bodies as to the critical role of representative bodies in a democratic society.

In this regard, USAID legislative strengthening programs should adopt a more holistic approach to legislative strengthening involving activities and interventions directed at strengthening not only the legislative institutions themselves, but also the greater “legislative community.” A legislative community consists of organizations and individuals in civil society, the media, and the public and private sectors who take an interest in the legislature, monitor its activities, seek to influence it, and provide services to it. The larger the legislative community, the stronger the legislature, for the community elevates the stature of the legislature while providing information and other resources to it, typically in exchange for influence over public policies. A legislature needs to develop its constituency and support base by reaching out to it and demonstrating that it is accessible, responsive, and capable.

Legislative strengthening assistance programs should also contribute to other policy goals or strategic objectives of a Mission by incorporating in their design and implementation, activities that address specific issues and problems that affect a particular country. Linking legislative strengthening and other development goals and objectives must be a major focus of assistance provided under this contract.

In particular, legislative strengthening efforts should be closely linked to efforts to improve the quality and character of political parties and processes within countries. Following elections, legislatures are the primary locus where competition among political parties and political groups is played out. Political parties play critical roles in legislative consensus-building and can determine the pace of reforms. The capacity and maturity of parties and political factions may reflect on how capable a parliament is at managing conflict internal to the parliament, with the executive branch and in mediating societal differences. Consequently, the efficacy of the political party system is extremely critical to the overall democratic functioning and performance of the legislature.

For purposes of this IQC, political governance refers to the post-election role that political parties play in governing and legislating. For democracy to be most effective, political parties must play a constructive role in political governance, whether the party is in the majority in the legislature and/or controls the executive branch, is part of the ruling coalition, or is part of the opposition. Skills that political parties develop when contesting elections, such as campaigning, funding raising, advertising and messaging, may not be the same skills that political parties need once they come to power and must engage in governance related activities. Governance related skills include coalition building, policy development, negotiation and compromise, and how to engage in constructive opposition, among others.

In many countries, political parties have traditionally engaged in "zero-sum" politics with little emphasis on achieving collective solutions and compromises to difficult policy problems. As a result, attention needs to be given to the competencies of political groups and the development of the aptitudes and functions of these groups to perform their responsibilities within parliamentary processes – if legislative assistance is to be effective. Work under this IQC may include working with political parties and other collective political actors to improve their capacity to govern and to engage with citizens in the development and implementation of public policy.

Increasingly, legislative strengthening programs are being conducted in conflict or post-conflict countries where civil wars, political or ethnic divides, humanitarian crises, poverty, internally displaced persons, and a host of other issues or problems make legislative development efforts more difficult and complex. New legislatures face a range of demanding tasks in the immediate aftermath of conflict and emergency situations. These demands often create political constraints. For example, deep divisions and rivalries that existed during civil conflicts will often manifest themselves in the legislative context through extreme partisanship and political stalemates that go beyond the bounds of normal politics and political behavior.

In many of these situations, new legislative institutions are being created from scratch or re-established after significant periods of non-operation.

Efforts to establish democratic legislative institutions in conflict or post-conflict societies are severely hampered by a number of challenges including the lack of capacity and resources, including human, financial, educational, and legal. The lack of human resources is especially critical not only in terms of skilled legislators, but also in educated and experienced legislative staff. This problem is often compounded by the lack of physical and financial resources such as adequate facilities, equipment, and technology.

In addition, public expectations of the performance of new or re-emerging legislative institutions is often unrealistically high, fostered in part by the political inexperience of the voting public, the unrealistic promises of the candidates for, and members of, the legislative institutions themselves, and by the support and rhetoric of the international community.

In these types of situations, USAID legislative strengthening efforts could help support transitional or interim legislative institutions; reconciliation and national dialogue processes centered in, or lead by, the legislature;

constitutional assemblies or constitutional committees within legislatures;

legislative leadership development; legislative protection of human, women and minority rights; and legislation on, and oversight of, transitional justice mechanisms, internally displaced persons, disarmament, demobilization and reintegration efforts, and reestablishing civilian and democratic control over the security sector.

C.3 PRIMARY POINTS OF CONTACT

The contractor shall provide two primary points of contact to support this IQC. The Senior Legislative Advisor shall be the individual bearing primary responsibility for technical aspects of contract performance. The IQC Manager shall be the individual bearing primary responsibility for procurement, personnel, reporting, and other management related requirements of the contract.

[Note: See Section B.9(b) regarding the recovery of these central management costs.]

The Senior Legislative Advisor shall have at least an undergraduate degree. The Advisor shall have at least ten years of experience working on development programs, preferably in the area of legislative strengthening. Experience working in, or as a member of, a legislative institution is strongly encouraged. The IQC Manager shall have at least an undergraduate degree. The Manager shall have at least ten years of experience working on, or managing, development programs, preferably in the area of democracy and governance.

C.4 STATEMENT OF WORK

USAID’s Handbook on Legislative Strengthening2 identifies three primary functions of a democratic legislature. These functions are briefly described as follows:

1. Representation: Legislatures listen to, communicate with, and represent the needs and wishes of citizens in policymaking; and intercede with government on behalf of the citizens.

2. Lawmaking: Legislatures identify problems, study issues, receive expert and public input, formulate or approve policies, and implement those polices through laws designed to address or remedy the problem or issue.

3. Oversight: Legislatures oversee the implementation of laws, policies, and programs by monitoring, reviewing, and investigating government activities to ensure that government actions are transparent, accountable, consistent with, and uphold existing laws and regulations.

To strengthen legislatures and other deliberative bodies to better perform these functions, and to help them become stronger, more effective democratic governing institutions, illustrative activities that may be required under this contract are set forth below:

• Providing advice, assistance and training on the development of democratic legislative practice and procedures.

• Training legislative members and staff, host country officials, and representatives of non-governmental organizations on the duties, responsibilities, and best practices for legislative officials, e.g., policy formulation, law-making, public meetings/hearings, and public policy mediation/negotiation.

• Providing advisory services on the drafting, enforcement, and implementation of laws, regulations, and ordinances consistent with democratic government reform.

• Conducting assessments, designing strategies, and doing evaluations of the operation of deliberative bodies.

• Working to strengthen political groups, factions, and caucuses in the area of political governance by providing technical assistance and training on issues such as the role and responsibility of majority parties and coalitions, how to engage in constructive opposition, 2 USAID Handbook on Legislative Strengthening, Technical Publication Series, Office of Democracy and Governance, 2000, available online at http://www.usaid.gov/our_work/democracy_and_governance/publications/pdfs/pnacf632.pdf developing legislative and policy agendas, and public outreach and communications.

• Developing and/or implementing strategies, programs, and activities that optimize linkages between legislative strengthening and other sectoral areas of USAID's sustainable development strategy.

• Providing research assistance to the Office of Democracy and Governance in its efforts to advance its technical and programming knowledge in this area including, for example, developing understanding of and means of improving the democratic representation and linkages between legislators and their districts, their elected sub-national (local, regional, sub-municipal, and others) government bodies, and their constituents.

• Assisting the House Democracy Assistance Commission through the implementation of activities designed to support peer-to-peer cooperation between the Commission and its partner parliaments to enhance legislative accountability, transparency and independence.

• Providing commodities (including but not limited to computers, or PCs, office equipment and supplies) on a limited basis to increase the efficiency, knowledge, and physical infrastructure of deliberative bodies when engaged in, or related to, key areas of democratic reform.

Technical assistance under this contract could be provided to national parliaments and legislatures, regional, municipal, and city deliberative bodies, and other types of elected or appointed government deliberative and decision-making entities. These may be permanent, transitional or interim bodies. In the context of a legislative strengthening program, assistance could also be provided to citizen groups involved in public advocacy, and other individuals, groups and organizations that are part of the general legislative community within a particular country, including media and journalists that cover the legislature, lobbying groups, and think tanks and research organizations that contribute to the legislative process.

Assistance to all of these types of groups could involve issues of institutional strengthening, legislative process and procedures, representation, lawmaking, oversight, constitutional reforms, political governance, ethics, legislative advocacy, and cross-sectoral linkages between legislative strengthening and other sectoral/sub-sectoral areas. To the extent possible, contractors should employ issues-oriented approaches and practical skills-based training to developing parliamentary capacity rather than theoretical or pedagogical -based approaches. Issue-oriented approaches can be useful in bringing diverse parliamentary actors together and facilitating consensus-building.

Illustrative subject areas for which expertise may be required include:

Legislative and Parliamentary Development, Constitutional and Legal Government Structures and Law, Municipal/City Councils, Government Administration/Comparative Administration, Legislative Personnel Management, Political Science, Economics, Public Administrative/Political Transparency and Accountability, Regulatory Proceedings, Government Public Affairs, Public Policy Development, Mediation/Negotiation, Institutional Engineering, Participatory Processes, Advocacy, Media, and Training.

C.5 GRANTS UNDER CONTRACTS

Funds may be made available on a grant basis for activities designed to strengthen institutional capacity within Deliberative Bodies and/or to strengthen various segments of the broader legislative community. The contractor will administer these funds in amounts of up to $100,000 per grant, although it is expected that the vast majority of these grants will be small grants – typically between $5,000 and $50,000 and should target specific projects and uses rather than providing core budget support.

Participating organizations may be expected to provide a portion of their costs from their own resources. In this regard, the Contractor may be required to execute and/or administer grants under awarded task orders.

The prototype grant involves some or all of the following features: broad and diverse participation by the legislative community in the grant's design and implementation; grantee contribution (e.g. in labor or materials); catalytic nature; near-term, high-impact; a media or information component to amplify the results; tangible visible benefits; and rapid results. The types of grants may vary, but most are designed as a means to achieve positive changes and reforms in legislative institutions and processes and on public perceptions of the role of legislatures.

Under this IQC, grants management tasks may include: contractor(s) participation in or responsibility for the drafting and publication of Requests for Applications (RFAs), working with local groups to develop grant proposals, evaluation of proposals, establishment of grant agreements, delivery of financial and in-kind assistance, monitoring implementation and grant close-out. The Contractor(s)’s responsibilities may also include:

screening of potential grantee partners, design of the grant, database entry, monitoring and evaluating the grantee deliverables. However, the program direction, focus, type of grantees and final grant approval will remain with the tasking Bureau or Mission. The Contractor(s) must review all grant proposals before final approval to assure they are consistent with USAID policies and procedures, grant format and disposition of property. USAID must approve sub-awards unless otherwise stated in the task order.

In addition, Grants may involve some or all of the following:

(a) a participatory process (with the potential grantee) in its design, implementation and monitoring;

(b) a grantee contribution;

(c) a media component to amplify the results, reaching the largest audience possible;

(d) tangible, visible impacts or benefits;

(e) in-kind procurements;

(f) being catalytic in design and impact; and

(g) non-partisan grantee and purpose.

C.6 PROVISION OF SERVICES

Services performed under this contract could include technical assistance, training, applied research, assessments and evaluations, study tours, commodities, information technology, and other services to support USAID's Missions, Regional and Pillar Bureaus, and/or other USAID operating units.

Services may be required to support USAID's programs during their design, implementation, and evaluation stages as they become identified and requested by missions, regional bureaus, and/or other USAID/Washington central offices through negotiated task orders. The contractor shall also provide, as requested by field missions or Washington central offices, direct technical assistance and/or advisory and assistance services to host country governmental and nongovernmental institutions to strengthen deliberative body processes and procedures.

In carrying out task orders, contractor personnel shall be familiar with state-of-the-art research and programming, lessons learned from past experiences and from other donors, and USAID policy and objectives in addressing legislative strengthening. Relevant guidance on USAID programs and policy can be found in the USAID Legislative Strengthening Handbook (available at http://www.usaid.gov/our_work/democracy_and_governance/publications/pdfs/pnac f632.pdf )

Other pertinent literature on legislative strengthening includes UNDP’s Parliaments, Crisis Prevention and Recovery: Guidelines for the International Community (available at http://www.parlcpr.undp.org/docs/GPPS_Guidelines.pdf); NDI’s Toward the Development of International Standards for Democratic Legislatures (available at http://www.ndi.org/files/2113_gov_standards_010107.pdf); and the IPU’s Parliament and Democracy in the Twenty-first Century: A Guide to Good Practice (available at http://www.ipu.org/PDF/publications/democracy_en.pdf).

It is expected that contractor personnel will incorporate the findings, lessons learned and best practices from the technical literature on legislative strengthening in the design and implementation of legislative strengthening programs and activities.

- END OF SECTION C -

http://www.parlcpr.undp.org/docs/GPPS_Guidelines.pdf http://www.ndi.org/files/2113_gov_standards_010107.pdf http://www.ipu.org/PDF/publications/democracy_en.pdf

SECTION D - PACKAGING AND MARKING

D.1 AIDAR 752.7009 MARKING (JAN 1993)

(a) It is USAID policy that USAID-financed commodities and shipping containers, and project construction sites and other project locations be suitably marked with the USAID emblem. Shipping containers are also to be marked with the last five digits of the USAID financing document number. As a general rule, marking is not required for raw materials shipped in bulk (such as coal, grain, etc.), or for semi-finished products which are not packaged.

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

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

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

D.2 BRANDING POLICY

Markings under this contract shall comply with the USAID “Graphic Standards Manual” available at www.usaid.gov/branding or any successor branding policy.

- END OF SECTION D -

SECTION E - INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

NUMBER TITLE DATE

FEDERAL ACQUISITION REGULATION

(48 CFR Chapter 1)

52.246-2 INSPECTION OF SUPPLIES—FIXED PRICE AUG 1996

52.246-3 INSPECTION OF SUPPLIES—COST-REIMBURSEMENT MAY 2001

52.246-4 INSPECTION OF SERVICES-FIXED-PRICE AUG 1996

52.246-5 INSPECTION OF SERVICES—COST-REIMBURSEMENT APR 1984

E.2 INSPECTION AND ACCEPTANCE

USAID inspection and acceptance of services, reports and other required deliverables or outputs shall take place at USAID Washington or at any other location where the services are performed and reports and deliverables or outputs are produced or submitted. The COTR identified in Section G has been delegated authority to inspect and accept all services, reports and required deliverables or outputs.

COTRs may also be designated for a specific task order. If so, the task order COTR (TO COTR) may inspect and accept all services, reports and required deliverables or outputs if specified in the task orders.

E.3…